Cover image for The Foundations of Anglo-American Corporate Fiduciary Law

The Foundations of Anglo-American Corporate Fiduciary Law

by David Kershaw

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Business & Economics / Corporate Finance / GeneralBusiness & Economics / Corporate GovernanceLaw / Administrative Law & Regulatory PracticeLaw / Commercial / GeneralLaw / Corporate

Description

"Laws are evaluated according to many different benchmarks. The benchmarks we select and elevate - such as facilitating informed choice, allocative efficiency or distributional fairness - need not be connected to the drivers of these laws - the reasons why they came into being. Laws may be tested against benchmarks of quality that were not considered by the law-maker. However, in practice, our understanding of why a law came into being is rarely isolated from its evaluation. If, for example, the generation of shareholder value is taken as the quality-benchmark for corporate law, but we understand the process of corporate law-making to be infected with managerial bias, then we will need some convincing that such laws also benefit shareholders. Where such rules do not benefit from a compelling explanation of why they enable value generation, we will readily grasp for the reform mantel"--

Book Details

Publisher:
Cambridge University Press
Published:
2018-08-23
Pages:
517
Language:
EN
ISBN:
9781107092334