01 Jul The Corporation in Broader Anglo-American Jurisprudence: How applying theories of the Corporations suggests Universal Failure

Kyler Matthew Reyes

School of Politics, Economics, and Global Affairs, IE University

Bachelor in Philosophy, Politics, Law, and Economics

E-mail: kreyes.ieu2023@student.ie.edu

Abstract

The application of corporation theory in Anglo-American postcolonial common law systems, specifically in the Philippines and Singapore, warrants further investigation into how these theories are applied in these countries. This investigation requires the acceptance of two claims about what theories of the corporation can actually tell us about corporations and their real-world effects, as well as the extension of reasoning about the corporation to the Anglo-American context. These claims are accepted provisionally, and after the investigation which they enable, three extant and interrelated problems are found with two broad strands of theories of the corporation: legal fiction and association. This in turn warrants rethinking about the corporation, and through comparative jurisprudential analysis, a sketch of how a functional understanding of the corporation might be accommodated is presented. It is finally claimed that thinking about the corporation in this way can begin to address each of the problems afflicting legal fiction and association theories, and is poised to more readily account for the socio-economic power of corporations and their evolving role in an increasingly interconnected world.

READ THE FULL ARTICLE HERE (Page 47-58)

Keywords: corporation theory, corporate accountability, corporate, corporation, corporate responsibility