|
Showing 1 - 5 of
5 matches in All Departments
This book is a continuation of Corporate Law and the Theory of the
Firm: Reconstructing Corporations, Shareholders, Directors, Owners,
and Investors. The author extends his analysis of contract law,
property law, agency law, trust law, and corporate statutory law
and applies that analysis to defy conventional concepts and
theories in economics, finance, investment, and accounting and
expose the artificial boundaries established by decades of research
founded on indefensible assumptions and fallacious conclusions.
Using the Humpty Dumpty principle, where words mean what the
authors want them to mean, economists have created "strange new
worlds" where contract law, property law, agency law, and corporate
statutory law no longer apply. The author dismantles the theory of
the firm by proving the theory of the firm wilfully and
intentionally ignores fundamental contract law, property law,
agency law, and corporate statutory law. Contrary to the theory of
the firm, shareholders do not own corporations, directors are not
agents of shareholders, and shareholders are not investors in
corporations. The author proves that by property law and corporate
law, capital is not privately owned by capitalists but by
corporations. Entire economic and social systems have been
constructed that have no basis in law. With the advent of publicly
traded corporations, the capital is there, but both capitalists and
capitalism have been rendered extinct. This book will appeal to
researchers and graduate and upper-level undergraduate students in
economics, finance, accounting, law, and sociology, as well as
legal scholars, attorneys and accountants.
Ever since Marx, the future of capitalism has been fiercely
debated. Marx and his followers predicted capitalism will end by
violent overthrow, while others prophesied its demise will be the
result of collapsing under its own weight. Still others argue that
capitalism will not only continue to exist but continue to expand
globally. This book takes a distinctively different approach by
presenting solid evidence that capitalism has already ended. The
author argues that corporate statutory law, securities laws, and
generally accepted accounting principles have combined to cause the
extinction of capitalists. Without capitalists as owners of
capital, there can be no capitalism. The book examines the factors
that converged to contribute to and hasten the extinction of
capitalists, and thus of capitalism as an economic system, in an
ironic case of the law of unintended consequences. The very things
that were intended to promote, protect, and sustain capitalism are
the things that caused its death. It exposes the fallacy that
capitalism as an economic system not only continues to exist but is
expanding globally. Capitalism is extinct and the social system
constructed on capitalism as an economic system cannot be
sustained. This book will appeal to economists, accountants,
historians, political scientists, lawyers and sociologists, as well
as students of those disciplines.
Dozens of judicial opinions have held that shareholders own
corporations, that directors are agents of shareholders, and even
that directors are trustees of shareholders' property. Yet, until
now, it has never been proven. These doctrines rest on
unsubstantiated assumptions. In this book the author performs a
rigorous, systematic analysis of common law, contract law, property
law, agency law, partnership law, trust law, and corporate
statutory law using judicial rulings that prove shareholders do not
own corporations, that there is no separation of ownership and
control, directors are not agents of shareholders, and shareholders
are not investors in corporations. Furthermore, the author proves
the theory of the firm, which is founded on the separation of
ownership and control and directors as agents of shareholders,
promotes an agenda that wilfully ignores fundamental property law
and agency law. However, since shareholders do not own the
corporation, and directors are not agents of shareholders, the
theory of the firm collapses. The book corrects decades of
confusion and misguided research in corporate law and the economic
theory of the firm and will allow readers to understand how
property law, agency law, and economics contradict each other when
applied to corporate law. It will appeal to researchers and
upper-level and graduate students in economics, finance,
accounting, law, and sociology, as well as attorneys and
accountants.
This book is a continuation of Corporate Law and the Theory of the
Firm: Reconstructing Corporations, Shareholders, Directors, Owners,
and Investors. The author extends his analysis of contract law,
property law, agency law, trust law, and corporate statutory law
and applies that analysis to defy conventional concepts and
theories in economics, finance, investment, and accounting and
expose the artificial boundaries established by decades of research
founded on indefensible assumptions and fallacious conclusions.
Using the Humpty Dumpty principle, where words mean what the
authors want them to mean, economists have created "strange new
worlds" where contract law, property law, agency law, and corporate
statutory law no longer apply. The author dismantles the theory of
the firm by proving the theory of the firm wilfully and
intentionally ignores fundamental contract law, property law,
agency law, and corporate statutory law. Contrary to the theory of
the firm, shareholders do not own corporations, directors are not
agents of shareholders, and shareholders are not investors in
corporations. The author proves that by property law and corporate
law, capital is not privately owned by capitalists but by
corporations. Entire economic and social systems have been
constructed that have no basis in law. With the advent of publicly
traded corporations, the capital is there, but both capitalists and
capitalism have been rendered extinct. This book will appeal to
researchers and graduate and upper-level undergraduate students in
economics, finance, accounting, law, and sociology, as well as
legal scholars, attorneys and accountants.
Dozens of judicial opinions have held that shareholders own
corporations, that directors are agents of shareholders, and even
that directors are trustees of shareholders' property. Yet, until
now, it has never been proven. These doctrines rest on
unsubstantiated assumptions. In this book the author performs a
rigorous, systematic analysis of common law, contract law, property
law, agency law, partnership law, trust law, and corporate
statutory law using judicial rulings that prove shareholders do not
own corporations, that there is no separation of ownership and
control, directors are not agents of shareholders, and shareholders
are not investors in corporations. Furthermore, the author proves
the theory of the firm, which is founded on the separation of
ownership and control and directors as agents of shareholders,
promotes an agenda that wilfully ignores fundamental property law
and agency law. However, since shareholders do not own the
corporation, and directors are not agents of shareholders, the
theory of the firm collapses. The book corrects decades of
confusion and misguided research in corporate law and the economic
theory of the firm and will allow readers to understand how
property law, agency law, and economics contradict each other when
applied to corporate law. It will appeal to researchers and
upper-level and graduate students in economics, finance,
accounting, law, and sociology, as well as attorneys and
accountants.
|
|