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Hiding the Machine: Stories, Rights and the Naturalisation of Corporate Technology

Gill-Pedro, Eduardo LU (2024) In Transnational Legal Theory
Abstract
This paper tells two stories about corporations. The first story can be called ‘the nexus of contracts’ story, the second, ‘the entrepreneur’ story. Each of these stories was developed and refined by different groups of scholars over specific periods of time and responded to growing concerns about the size and power of corporations, concerns which motivated calls for greater regulation. These stories responded to these concerns by an impressive feat of prestidigitation: each of these stories made the company disappear. These stories about companies work in tandem with corresponding stories about the rights of companies. The former work as shields, which can be deployed in a range of policy spaces to counter calls for greater control over... (More)
This paper tells two stories about corporations. The first story can be called ‘the nexus of contracts’ story, the second, ‘the entrepreneur’ story. Each of these stories was developed and refined by different groups of scholars over specific periods of time and responded to growing concerns about the size and power of corporations, concerns which motivated calls for greater regulation. These stories responded to these concerns by an impressive feat of prestidigitation: each of these stories made the company disappear. These stories about companies work in tandem with corresponding stories about the rights of companies. The former work as shields, which can be deployed in a range of policy spaces to counter calls for greater control over the power of corporations. The latter work as swords – the rights stories allow corporations to challenge restrictions on the exercise of their power, without foregrounding the corporation as the subject of those rights. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
submitted
subject
keywords
Corporation, Theory of the firm, Nexus of contracts, entrepreneur, corporate social responsibility, Allmän rättslära
in
Transnational Legal Theory
pages
20 pages
publisher
Taylor & Francis
ISSN
2041-4005
project
The Company as a European Supercitizen? The protection of the human rights of corporate persons in European law.
language
English
LU publication?
yes
id
4bed27b0-577d-41eb-be56-1f73c6576aa3
date added to LUP
2024-08-19 16:12:09
date last changed
2024-08-20 08:34:52
@article{4bed27b0-577d-41eb-be56-1f73c6576aa3,
  abstract     = {{This paper tells two stories about corporations. The first story can be called ‘the nexus of contracts’ story, the second, ‘the entrepreneur’ story. Each of these stories was developed and refined by different groups of scholars over specific periods of time and responded to growing concerns about the size and power of corporations, concerns which motivated calls for greater regulation. These stories responded to these concerns by an impressive feat of prestidigitation: each of these stories made the company disappear. These stories about companies work in tandem with corresponding stories about the rights of companies. The former work as shields, which can be deployed in a range of policy spaces to counter calls for greater control over the power of corporations. The latter work as swords – the rights stories allow corporations to challenge restrictions on the exercise of their power, without foregrounding the corporation as the subject of those rights.}},
  author       = {{Gill-Pedro, Eduardo}},
  issn         = {{2041-4005}},
  keywords     = {{Corporation; Theory of the firm; Nexus of contracts; entrepreneur; corporate social responsibility; Allmän rättslära}},
  language     = {{eng}},
  month        = {{07}},
  publisher    = {{Taylor & Francis}},
  series       = {{Transnational Legal Theory}},
  title        = {{Hiding the Machine: Stories, Rights and the Naturalisation of Corporate Technology}},
  year         = {{2024}},
}