The Central Role of Political Myth in Corporate Law

2019 ◽  
Author(s):  
Jonathan R. Macey
Keyword(s):  
Corporate Law ◽  
Political Myth

The Role of Corporate Law in the Theory of the Firm

1985 ◽  
Vol 28 (1) ◽  
pp. 179-191 ◽  
Author(s):  
Barry D. Baysinger ◽  
Henry N. Butler
Keyword(s):  
Theory Of The Firm ◽  
Corporate Law

scholarly journals O Rus, Where Are Thou?

Politeja ◽  
2019 ◽  
Vol 16 (5(62)) ◽  
pp. 223-235
Author(s):  
Aleksandr Shirinyants
Keyword(s):  
National Development ◽  
European Countries ◽  
Vicious Circle ◽  
Russian Orthodox ◽  
Historical Explanation ◽  
Cultural Aspects ◽  
Political Myth

The article attempts to define the role of a myth and mythical thinking in the society. It shows a relationship between a socio-political myth and ideology, politics, and historical remembrance. Based on the myth about the progress, the article discusses an issue of choice faced by Russia of the 20th c., namely national development or European advancement? It describes interpretations of economic, socio-political and cultural aspects of Russia’s backwardness, aspresented by representatives of various trends of Russian thought of the 19th c. It lists examples of a paradoxical agreement among conservatists and revolutionaries that a move “forward and up” is not always progressive, whereas the development should always be “national”. Therefore, Russia should not copy all forms of development that have taken place in European countries – from lower to higher. It argues that there is a possible historical explanation of the myth of progress. Namely, attempts to explain diversity and originality of national variations of development (Whither, then, are you speeding, O Russia of mine?) have proved historical differences of the Russian path, as an independent Russian-Orthodox civilisation, towards a better understanding of the “vicious circle” of the modern civilisation: “We are poor because we’re stupid, and we’re stupid because we’re poor.”

scholarly journals IL DIRITTO SOCIETARIO TRA DIRITTO COMPARATO E DIRITTO STRANIERO

2013 ◽  
Author(s):  
Giuseppe B. Portale
Keyword(s):  
Comparative Law ◽  
Corporate Law ◽  
Private Company ◽  
General Role ◽  
Foreign Law ◽  
Specific Regulation ◽  
The One ◽  
Substantive Law ◽  
Theoretical Foundations

The article tackles the issues related to the use of comparative law a source of substantive law in a specific legal system, with specific regard to corporate law. Expanding on previous studies on the general role of comparative law in the framework of sources of law (§ 1), the study argues that the comparative argument may be used to regulate purely domestic cases and as well as a play a crucial role in interpreting internal laws (§§ 1.1, 1.2) and analyzes the theoretical foundations of such process (§ 1.3) as well as the problems caused by the application of foreign law by a domestic judge (§ 2). Subsequently, two examples of such usage of the comparative legal argument are provided, drawn from the Italian corporate law experience (§ 3): on the one hand, the introduction of a specific regulation of a simplified private company (società a responsabilità limitata semplificata), representing a circulation of German (Unternehmergesellschaft- UG) and Belgian (société privée a responsabilité limitée starter) models (§ 3.1); on the other hand, the use of comparative law by in the interpretation of the organization structure in the Italian dualistic system (§ 3.2).

scholarly journals State, BUMN (State Owned Enterprises - SOEs) and Role of Law in Economic Development: A Theoretical Approach

2019 ◽  
Vol 1 (2) ◽  
pp. 20-29
Author(s):  
Teuku Syahrul Ansari
Keyword(s):  
Economic Development ◽  
Legal Status ◽  
Social Space ◽  
Corporate Law ◽  
Legal Certainty ◽  
Law System ◽  
Economic Law ◽  
Legal Problems ◽  
The Law

In developing the Business Judgment System for State-Owned Enterprises (SOEs, Persero) in Indonesian Economic Law, it is necessary to elaborate on the theory of the role of law in economic development. According to J.D. Mrs. Hart has three elements that must be developed in the legal system so that the law plays a role in economic development, namely predictability, stability, justice (fairness). The role of the law, basically refers to the main purpose of the law, which is to create an orderly society. Order and balance in society need to be achieved, so that human interests will be protected in achieving their goals. In general, the law functions to divide rights and obligations, regulate how to solve legal problems and maintain legal certainty. The role of the law basically refers to the main objective of the law, which is to create an orderly society. Order and balance in society need to be achieved, so that human interests will be protected in achieving their goals. In general, the law functions to divide rights and obligations, regulate how to solve legal problems and maintain legal certainty. The focus of this paper is the interaction of Indonesian corporate law in the Indonesian Economic Law system in the management of state-owned enterprises, as one of the corporations with legal status to be able to compete globally, because this principle is a universal principle. Corporate law and globalization interact in the same social space and interests. With these interactions, it allows various possibilities, such as integration, incoordination (partial merging), competition (each running alone), conflict (conflicting), and avoidance (one of the laws avoids the enforcement of other laws).

scholarly journals Make comedy matter: Ernst Cassirer on the politics and morality of humor

2018 ◽  
Vol 6 (1) ◽  
pp. 162
Author(s):  
Jennifer Marra
Keyword(s):  
Intrinsic Value ◽  
Third Reich ◽  
Ernst Cassirer ◽  
Political Forces ◽  
The Us ◽  
Political Myth ◽  
The Status ◽  
Public Consciousness ◽  
The Third Reich

Many of Ernst Cassirer’s later works are concerned with the dangers of political myth. His analysis speaks at length about the role of philosophy during the rise of the Third Reich, and Cassirer argues that philosophers failed to combat the dominant ideology. Today, philosophers struggle to explain their relevance to greater public and governmental powers that see no intrinsic value. Given the current political situation in the US, we find ourselves at a crossroads as philosophers. We can either retreat and remain within the comforts of academia, or we can take up arms against dangerous and divisive political forces. If we take Cassirer’s prescriptions seriously, we must choose the latter. Fortunately, philosophy has not disappeared from public consciousness completely. An emerging theme in contemporary cultural studies is the exploration of connections between humour and philosophy. I argue we ought to take advantage of the status of the comedian as public philosopher, and for philosophers to take seriously the political power of comedians. To do this responsibly, I analyse a portion of Cassirer’s work that has been widely ignored in scholarship – his understanding of the politics and morality of humour. By analysing these passages in relation to Cassirer’s later works, we are given the tools to understand the power of humour in political discourse, as well as the responsibility of that power. I argue that “joking responsibly”, for Cassirer, means to reveal the motives and values which underlie sophistry, particularly the sort which lends itself to political manipulation.

scholarly journals Bearing Witness: Maoism as Religion

2005 ◽  
Vol 22 ◽  
pp. 5-37 ◽  
Author(s):  
David E. Apter
Keyword(s):  
State Power ◽  
Historical Events ◽  
Bearing Witness ◽  
Central Figure ◽  
Political Religion ◽  
Political Myth ◽  
Agnes Smedley ◽  
The Status ◽  
Communist Revolution

The role of foreign witnesses in describing exceptional historical events can contribute to the way those events unfold. Three examples serve to illustrate this: Edgar Snow, Anna Louise Strong and Agnes Smedley. At the start of the Chinese communist revolution each of these commentators offered personal testimony to and validation of what became a political myth and was elevated to the status of a state political religion with Mao the central figure. This paper discusses the differences between political religion and religion tout court. It suggests that the former is more ephemeral while the latter is more capable of self-replenishment, leading to the ritualization of the first in the exercise of state power. It also deals with the question of socialism as proto-religion and the problems posed by its disappearance.

Conclusion

2018 ◽  
Author(s):  
Abraham A. Singer
Keyword(s):  
Corporate Governance ◽  
Business Ethics ◽  
Political Theory ◽  
Chicago School ◽  
Corporate Law ◽  
Liberal Democratic ◽  
Immanent Critique ◽  
Methodological Reflection ◽  
Normative Account

The conclusion reviews the arguments that have been offered throughout the book. This book started with some basic presuppositions that represent the underlying normative commitments of the liberal democratic market societies we find ourselves in. This chapters reviews the critique offered of the Chicago School of economics, the normative account of corporate productivity, as well as the prescriptions offered for corporate law, corporate governance, and business ethics, that were offered in light of these presuppositions. Graphical representations are offered for each of the theories reviewed. The chapter concludes with a methodological reflection on the nature of immanent critique and the role of idealizing assumptions in political theory.

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