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Corporate Autonomy: Law, Constitutional Democracy, and the Rights of Big Business
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| 자료유형 | 학위논문 |
|---|---|
| 서명/저자사항 | Corporate Autonomy: Law, Constitutional Democracy, and the Rights of Big Business. |
| 개인저자 | Jackson, Katharine V. |
| 단체저자명 | Columbia University. Political Science. |
| 발행사항 | [S.l.]: Columbia University., 2019. |
| 발행사항 | Ann Arbor: ProQuest Dissertations & Theses, 2019. |
| 형태사항 | 431 p. |
| 기본자료 저록 | Dissertations Abstracts International 81-02A. Dissertation Abstract International |
| ISBN | 9781085764322 |
| 학위논문주기 | Thesis (Ph.D.)--Columbia University, 2019. |
| 일반주기 |
Source: Dissertations Abstracts International, Volume: 81-02, Section: A.
Advisor: Cohen, Jean L. |
| 이용제한사항 | This item must not be sold to any third party vendors. |
| 요약 | Corporate Autonomy: Law, Constitutional Democracy, and the Rights of Big Business is a normative, interdisciplinary and analytical examination of the rights and internal governance of business corporations in constitutional liberal democracies. Drawing from political theory, economics and law, it concludes that corporations should not merit legal protections unless they first exhibit some internal democratic credentials.In contrast to theories of collective moral personhood, I argue that the question of corporate ontology should not determine the kinds of legal rights it can claim. Rather, following Dewey (1926) and Habermas (1996), I maintain that the law, as a reflection of popular sovereignty, should respond flexibly to shifting social configurations by defending the principle of equal human worth (Arendt) regardless of whether or not corporations are properly understood as "real" entities with a will of their own, aggregations of individual rights-holders, or state-created legal fictions. I argue that corporations can make a prima facie case for legal autonomy rights based upon human beings' associational freedoms. I then conclude that corporate legal autonomy rights are more likely to vindicate associational liberty if corporations first exhibit some internal democratic credentials. Permitting corporate members a voice in decision-making can ensure that corporate purposes align with the individual purposes upon which associational freedom derives. (Laborde, 2017)Nevertheless, after consideration of the literature on group agency (e.g., List and Pettit 2011) and group rights, (e.g., Benhabib 2002 |
| 일반주제명 | Political science. Law. |
| 언어 | 영어 |
| 바로가기 | 
: 이 자료의 원문은 한국교육학술정보원에서 제공합니다. |
