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Contemporary changes in law and policy at the global level to
efficiently answer to environmental and social issues correspond to
the traditional approach of limiting the regulatory and policy
changes to a singular field or discipline: tackling the inherent
unsustainability of corporate laws or incentivising the offering of
sustainable finance to stimulate the transition towards sustainable
practices. This book provides a new viewpoint and approach of
simultaneously regulating seemingly non-connected fields in order
to provide a fertile ground for a truly organic change towards
sustainable outcomes. It addresses diverse questions of sustainable
transition of the three specific fields to support sustainable
practices in public procurement, private market transaction and in
educating future business leaders and legal experts by
incorporating sustainable concerns as the underlying guiding
principles of their conduct. It translates scientific findings into
a practical format that can be used by diverse stakeholders
searching for information and solutions in their respective
professional fields. The underlying assumption is that a
simultaneous action in the three respective fields of public
procurement, corporate law and higher education brings about more
coherent and interconnected results that incentivise further action
and changes towards sustainable practices. The book furthers the
idea of policy coherence by building upon the findings in the field
of public procurement, corporate law and practice and higher
education curricula. By identifying the barriers in the three
respective fields for sustainable action and proposing solutions
for either eliminating or minimising those barriers at the EU
level, the book calls for further changes in the respective fields
as well as for considering the spill-over effects of these policies
on other fields.
In the context of growing public interest in sustainability,
Corporate Social Responsibility (CSR) has not brought about the
expected improvement in terms of sustainable business.
Self-regulation has been unable to provide appropriate answers for
unsustainable business frameworks, despite empirical proof that
sustainable behaviour is entirely in corporate enlightened
self-interest. The lack of success of the soft law approach
suggests that hard law regulation may be needed after all. This
book discusses these options, alongside the issue of shareholder
primacy and its externalities in corporate, social, and natural
environment. To escape the "prisoner's dilemma" European
corporations and their global counterparts have found themselves
in, help is needed in the form of EU hard law to advocate
sustainability through mandatory rules. This book argues that the
necessity of these laws is based on the first-mover's advantage of
such corporate law approach towards sustainable development. In the
current EU law environment, where codification of corporate law is
sought for, forming and defining a general EU policy could not only
help corporations embrace this self-enlightened behaviour but could
also build the necessary "EU corporate citizenship" atmosphere.
Considering the developments in the field of CSR as attempts to
mitigate negative externalities resulting from inappropriate
shareholder primacy use, the book is centred around a discussion of
the shareholder primacy paradigm, its legal position and its
(un)suitability for modern global business. Going beyond solely
legal analysis, juxtaposing legal principles and argumentation with
economic theoretic approaches and, more importantly, real-life
examples, this book is accessible to both professionals and
academics working within the fields of business, economics,
corporate governance and corporate law.
Economists advise that the law should seek efficiency. More
recently, it has been suggested that common law systems are more
conducive of economic growth than code-based civil law systems.
This book argues that there is no theory to support such statements
and provides evidence that rejects a 'one-size-fits-all' approach.
Both common law and civil law systems are reviewed to debunk the
relationship between the efficiency of the common law hypothesis
and the alleged inferiority of codified law systems. Legal Origins
and the Efficiency Dilemma has six aims: explaining the efficiency
hypothesis of the common law since Posner's 1973 book; summarizing
the legal origins theory in the context of economic growth;
debunking their relationship; discussing the meaning of 'common
law' and the problems with the efficiency hypothesis by comparing
laws across English speaking jurisdictions; illustrating the
shortcomings of the legal origins theory with a comparative law and
economics analysis; and concluding there is no theory and evidence
to support the economic superiority of common law systems. Based on
previous pieces by the authors, this book expands their work by
including new areas of analysis (such as trusts), detailing
previous analysis (such as French law versus common law in the
areas of contract, property and torts), and updating for recent
developments in the academic discourse. This volume is of interest
to academics and students who study microeconomics, comparative law
and foundations of law, as well as legal policy analysts.
In the context of growing public interest in sustainability,
Corporate Social Responsibility (CSR) has not brought about the
expected improvement in terms of sustainable business.
Self-regulation has been unable to provide appropriate answers for
unsustainable business frameworks, despite empirical proof that
sustainable behaviour is entirely in corporate enlightened
self-interest. The lack of success of the soft law approach
suggests that hard law regulation may be needed after all. This
book discusses these options, alongside the issue of shareholder
primacy and its externalities in corporate, social, and natural
environment. To escape the "prisoner's dilemma" European
corporations and their global counterparts have found themselves
in, help is needed in the form of EU hard law to advocate
sustainability through mandatory rules. This book argues that the
necessity of these laws is based on the first-mover's advantage of
such corporate law approach towards sustainable development. In the
current EU law environment, where codification of corporate law is
sought for, forming and defining a general EU policy could not only
help corporations embrace this self-enlightened behaviour but could
also build the necessary "EU corporate citizenship" atmosphere.
Considering the developments in the field of CSR as attempts to
mitigate negative externalities resulting from inappropriate
shareholder primacy use, the book is centred around a discussion of
the shareholder primacy paradigm, its legal position and its
(un)suitability for modern global business. Going beyond solely
legal analysis, juxtaposing legal principles and argumentation with
economic theoretic approaches and, more importantly, real-life
examples, this book is accessible to both professionals and
academics working within the fields of business, economics,
corporate governance and corporate law.
Economists advise that the law should seek efficiency. More
recently, it has been suggested that common law systems are more
conducive of economic growth than code-based civil law systems.
This book argues that there is no theory to support such statements
and provides evidence that rejects a 'one-size-fits-all' approach.
Both common law and civil law systems are reviewed to debunk the
relationship between the efficiency of the common law hypothesis
and the alleged inferiority of codified law systems. Legal Origins
and the Efficiency Dilemma has six aims: explaining the efficiency
hypothesis of the common law since Posner's 1973 book; summarizing
the legal origins theory in the context of economic growth;
debunking their relationship; discussing the meaning of 'common
law' and the problems with the efficiency hypothesis by comparing
laws across English speaking jurisdictions; illustrating the
shortcomings of the legal origins theory with a comparative law and
economics analysis; and concluding there is no theory and evidence
to support the economic superiority of common law systems. Based on
previous pieces by the authors, this book expands their work by
including new areas of analysis (such as trusts), detailing
previous analysis (such as French law versus common law in the
areas of contract, property and torts), and updating for recent
developments in the academic discourse. This volume is of interest
to academics and students who study microeconomics, comparative law
and foundations of law, as well as legal policy analysts.
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