The Enterprise Of Law

Author : Bruce L. Benson
Publisher : Independent Institute
ISBN 13 : 1598130692
Total Pages : 384 pages
Book Rating : 4.90/5 ( download)

DOWNLOAD NOW!

Download or read book The Enterprise of Law written by Bruce L. Benson and published by Independent Institute. This book was released on 2013-03-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the minds of many, the provision of justice and security has long been linked to the state. To ask whether non-state institutions could deliver those services on their own, without the aid of coercive taxation and a monopoly franchise, runs the risk of being branded as naive anarchism or dangerous radicalism. Defenders of the state's monopoly on lawmaking and law enforcement typically assume that any alternative arrangement would favor the rich at the expense of the poor—or would lead to the collapse of social order and ignite a war. Questioning how well these beliefs hold up to scrutiny, this book offers a powerful rebuttal of the received view of the relationship between law and government. The book argues not only that the state is unnecessary for the establishment and enforcement of law, but also that non-state institutions would fight crime, resolve disputes, and render justice more effectively than the state, based on their stronger incentives.

Author : Bruce L. Benson
Publisher : San Francisco, CA : Pacific Research Institute for Public Policy
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.22/5 ( download)

DOWNLOAD NOW!

Download or read book The Enterprise of Law written by Bruce L. Benson and published by San Francisco, CA : Pacific Research Institute for Public Policy. This book was released on 1990 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes details on how private sector institutions can support social order, foster cooperation and reduce violent confrontations.

Author : Adalberto Perulli
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186212
Total Pages : 450 pages
Book Rating : 4.18/5 ( download)

DOWNLOAD NOW!

Download or read book Enterprise and Social Rights written by Adalberto Perulli and published by Kluwer Law International B.V.. This book was released on 2017-06-15 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization has led to growing labour fragmentation and widening of gaps in social protection. Although the enterprise is increasingly expected to be socially responsible, in actuality extreme worker inequalities and social dumping have become ubiquitous worldwide. This volume – the first to focus attention on the ‘theory of the firm’ as it reveals itself in today’s world from a multidisciplinary perspective – underscores the necessity to rebuild a new scientifically controlled paradigm that acknowledges and regulates the dimension of power in the functioning of the organization. In their contributed essays, nineteen renowned scholars in labour law and industrial relations rethink the firm, its conception, its value, and its regulation, analysing such aspects as the following: – labour-management relations issues that arise when companies go global but workers remain local; – the firm as a social construction; – the continuing necessity for collective bargaining; – concealment of the employment relationship under the guise of self-employment; – concealment of the real employer behind figureheads and shell companies; – social welfare effects of outsourcing; – the company’s interaction with the network of suppliers and with local education processes; – determining who actually carries responsibility towards workers; – overcoming companies’ drive to enter the global market in response to national regulation; – realizing the notion of ‘duty of care’; – mechanisms of participation of workers in the management of the enterprise; and – the persistent limitations that women face in the workplace, even when worker participation is advocated. With attention to innovative developments in Germany, Italy, Japan, and other countries, analyses include case studies of specific companies as well as case law, in particular the European Court of Justice’s jurisprudence in matters of collective dismissals, seconded workers, and public contracts. In their head-on tackling of the fragmentation and blurring of social responsibility in enterprise organization, these important essays propose a view of the enterprise as a factor in a new ‘constitutionalisation’ of labour that shifts employment protection from single legal entities to the network’s economic activity, thus realigning the legal boundaries of the enterprise with its economic reality. As a compelling investigation of how a satisfactory implementation of labour standards in the fragmented enterprise can be guaranteed, this book will be studied by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists, and will be welcomed by academics and researchers in industrial relations and labour law.

Author : Dana Brakman Reiser
Publisher : Oxford University Press
ISBN 13 : 019024979X
Total Pages : 208 pages
Book Rating : 4.93/5 ( download)

DOWNLOAD NOW!

Download or read book Social Enterprise Law written by Dana Brakman Reiser and published by Oxford University Press. This book was released on 2017-09-05 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social enterprises represent a new kind of venture, dedicated to pursuing profits for owners and benefits for society. Social Enterprise Law provides tools that will allow them to raise the capital they need to flourish. Social Enterprise Law weaves innovation in contract and corporate governance into powerful protections against insiders sacrificing goals such as environmental sustainability in the pursuit of short-term profits. Creating a stable balance between financial returns and public benefits will allow social entrepreneurs to team up with impact investors that share their vision of a double bottom line. Brakman Reiser and Dean show how novel legal technologies can allow social enterprises to access capital markets, including unconventional sources such as crowdfunding. With its straightforward insights into complex areas of the law, the book shows how a social mission can even be shielded from the turbulence of an acquisition or bankruptcy. It also shows why, as the metrics available to measure the impact of social missions on individuals and communities become more sophisticated, such legal innovations will continue to become more robust. By providing a comprehensive survey of the U.S. laws and a bold vision for how legal institutions across the globe could be reformed, this book offers new insights and approaches to help social enterprises raise the capital they need to flourish. It offers a rich guide for students, entrepreneurs, investors, and practitioners.

Author : Herbert Hovenkamp
Publisher : Harvard University Press
ISBN 13 : 9780674038837
Total Pages : 470 pages
Book Rating : 4.35/5 ( download)

DOWNLOAD NOW!

Download or read book Enterprise and American Law, 1836-1937 written by Herbert Hovenkamp and published by Harvard University Press. This book was released on 2009-06-01 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this integration of law and economic ideas, Herbert Hovenkamp charts the evolution of the legal framework that regulated American business enterprise from the time of Andrew Jackson through the first New Deal. He reveals the interdependent relationship between economic theory and law that existed in these decades of headlong growth and examines how this relationship shaped both the modern business corporation and substantive due process. Classical economic theory--the cluster of ideas about free markets--became the guiding model for the structure and function of both private and public law. Hovenkamp explores the relationship of classical economic ideas to law in six broad areas related to enterprise in the nineteenth and early twentieth centuries. He traces the development of the early business corporation and maps the rise of regulated industry from the first charterbased utilities to the railroads. He argues that free market political economy provided the intellectual background for constitutional theory and helped define the limits of state and federal regulation of business behavior. The book also illustrates the unique American perspective on political economy reflected in the famous doctrine of substantive due process. Finally, Hovenkamp demonstrates the influence of economic theory on labor law and gives us a reexamination of the antitrust movement, the most explicit intersection of law and economics before the New Deal. Legal, economic, and intellectual historians and political scientists will welcome these trenchant insights on an influential period in American constitutional and corporate history.

Author : Ewan McGaughey
Publisher : Cambridge University Press
ISBN 13 : 9781009045735
Total Pages : 0 pages
Book Rating : 4.33/5 ( download)

DOWNLOAD NOW!

Download or read book Principles of Enterprise Law written by Ewan McGaughey and published by Cambridge University Press. This book was released on 2022-09-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Major enterprises shape our lives in countless ways: big tech and 'surveillance media' that affect democratic debate, algorithms that influence online shopping, transport to work and home, energy and agriculture corporations that drive climate damage, and public services that provide our education, health, water, and housing. The twentieth century experienced swings between private and public ownership, between capitalism and socialism, without any settled, principled outcome, and without settling major questions of how enterprises should be financed, governed and the rights we have in them. This book's main question is 'are there principles of enterprise law', and, if they are missing, 'what principles of enterprise law should there be'? Principles of Enterprise Law gives a functional account of the 'general' enterprise laws of companies, investment, labour, competition and insolvency, before moving into specific enterprises, from universities to the military. It is an original guide to our economic constitution and human rights.

Author : Zenichi Shishido
Publisher : Edward Elgar Publishing
ISBN 13 : 1781004455
Total Pages : 438 pages
Book Rating : 4.56/5 ( download)

DOWNLOAD NOW!

Download or read book Enterprise Law written by Zenichi Shishido and published by Edward Elgar Publishing. This book was released on 2014-08-29 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enterprise law represents the entire range of private contracts and public regulations governing the relationship of different capital providers. Enterprise Law comparatively analyses the way these fundamental legal frameworks complement each other in

Author : Liz Campbell
Publisher : Routledge
ISBN 13 : 1351602217
Total Pages : 294 pages
Book Rating : 4.11/5 ( download)

DOWNLOAD NOW!

Download or read book Corruption in Commercial Enterprise written by Liz Campbell and published by Routledge. This book was released on 2018-04-17 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection analyses, from multiple disciplinary perspectives, the issue of corruption in commercial enterprise across different sectors and jurisdictions. Corruption is commonly recognised as a major ‘social bad’, and is seriously harmful to society, in terms of the functioning and legitimacy of political-economic systems, and the day-to-day lives of individuals. There is nothing novel about bribes in brown envelopes and dubious backroom deals, ostensibly to grease the wheels of business. Corrupt practices like these go to the very heart of illicit transacting in both legal markets – such as kickbacks to facilitate contracts in international commerce – and illegal markets – such as payoffs to public officials to turn a blind eye to cross-border smuggling. Aside from the apparent pervasiveness and longevity of corruption in commercial enterprise, there is now renewed policy and operational attention on the phenomenon, prompting and meriting deeper analysis. Corruption in commercial enterprise, encompassing behaviours often associated with corporate and white-collar crime, and corruption in criminal commercial enterprise, where we see corruption central to organised crime activities, are major public policy issues. This collection gives us insight into their nature, organisation and governance, and how to respond most appropriately and effectively.

Author : Benjamin Means
Publisher : Cambridge University Press
ISBN 13 : 1316946932
Total Pages : 831 pages
Book Rating : 4.30/5 ( download)

DOWNLOAD NOW!

Download or read book The Cambridge Handbook of Social Enterprise Law written by Benjamin Means and published by Cambridge University Press. This book was released on 2019-01-03 with total page 831 pages. Available in PDF, EPUB and Kindle. Book excerpt: Growing numbers of employees, consumers, and investors want companies to be truly good; these stakeholders will accept lower economic returns in order to support companies that prioritize sustainability, fair wages, and fair trade. Unlike charities or non-profit organizations, such companies - or social enterprises - are not only permitted but also expected to produce an economic return for investors. Yet, unlike traditional business ventures, social enterprises have no obligation to maximize profits, even on a long-term basis. In this comprehensive volume, Benjamin Means and Joseph W. Yockey bring together leading legal scholars and practitioners to offer an authoritative guide to social enterprise law and policy. The Cambridge Handbook of Social Enterprise Law takes stock of the field and charts a course for its future development. It should be read by entrepreneurs, investors, practitioners, academics, students and anyone else interested in how companies are evolving to address new demands for capitalism with a conscience.

Author : Janelle Orsi
Publisher :
ISBN 13 : 9781614385462
Total Pages : 0 pages
Book Rating : 4.67/5 ( download)

DOWNLOAD NOW!

Download or read book Practicing Law in the Sharing Economy written by Janelle Orsi and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sharing economy lawyers make the exploding numbers of social enterprises, cooperatives, urban farms, local currencies, and the vast array of unique organizations arising from the sharing economy possible and legal. This essential guide will guide the practicing lawyer through areas of law they need to be familiar with from drafting agreements to employment regulations and managing intellectual property and risk.