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Tony Lawson’s Theory of the Corporation: Towards a Social Ontology of Law

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  • Simon Deakin

Abstract

In his account of the corporation as a ‘community’, Tony Lawson advances a materialist theory of social reality to argue for the existence of emergent social structures based on collective practices and behaviours, distinguishing his position from John Searle’s theory of social reality as consisting of declarative speech acts. Lawson’s and Searle’s accounts are examined for what they imply about the relationship between social structures and legal concepts. It is argued that legal concepts are themselves a feature of social reality and that a consequence of the law’s recognition of the ‘reality’ of the corporation is to open up the activities of business firm to a distinct form of normative ordering.

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  • Simon Deakin, 2017. "Tony Lawson’s Theory of the Corporation: Towards a Social Ontology of Law," Cambridge Journal of Economics, Cambridge Political Economy Society, vol. 41(5), pages 1505-1523.
  • Handle: RePEc:oup:cambje:v:41:y:2017:i:5:p:1505-1523.
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    File URL: http://hdl.handle.net/10.1093/cje/bex044
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    References listed on IDEAS

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    1. Tony Lawson, 2015. "Comparing Conceptions of Social Ontology: Emergent Social Entities and/or Institutional Facts?," Cambridge Working Papers in Economics 1514, Faculty of Economics, University of Cambridge.
    2. Strasser Kurt A. & Blumberg Phillip, 2011. "Legal Form and Economic Substance of Enterprise Groups: Implications for Legal Policy," Accounting, Economics, and Law: A Convivium, De Gruyter, vol. 1(1), pages 1-30, January.
    3. Deakin, Simon & Wilkinson, Frank, 2005. "The Law of the Labour Market: Industrialization, Employment, and Legal Evolution," OUP Catalogue, Oxford University Press, number 9780198152811.
    4. Gindis, David & Hodgson, Geoffrey M. & Huang, Kainan & Pistor, Katharina, 2017. "Legal institutionalism: Capitalism and the constitutive role of lawAuthor-Name: Deakin, Simon," Journal of Comparative Economics, Elsevier, vol. 45(1), pages 188-200.
    5. Jensen, Michael C. & Meckling, William H., 1976. "Theory of the firm: Managerial behavior, agency costs and ownership structure," Journal of Financial Economics, Elsevier, vol. 3(4), pages 305-360, October.
    6. Aoki, Masahiko, 2010. "Corporations in Evolving Diversity: Cognition, Governance, and Institutions," OUP Catalogue, Oxford University Press, number 9780199218530.
    7. Gindis, David, 2016. "Legal personhood and the firm: avoiding anthropomorphism and equivocation," Journal of Institutional Economics, Cambridge University Press, vol. 12(3), pages 499-513, September.
    8. Jeroen Veldman & Hugh Willmott, 2017. "Social ontology and the modern corporation," Cambridge Journal of Economics, Cambridge Political Economy Society, vol. 41(5), pages 1489-1504.
    9. Fama, Eugene F & Jensen, Michael C, 1983. "Separation of Ownership and Control," Journal of Law and Economics, University of Chicago Press, vol. 26(2), pages 301-325, June.
    10. Avi-Yonah Reuven S., 2011. "Citizens United and the Corporate Form," Accounting, Economics, and Law: A Convivium, De Gruyter, vol. 1(3), pages 1-56, December.
    11. Kraakman, Reinier & Armour, John & Davies, Paul & Enriques, Luca & Hansmann, Henry B. & Hertig, Gerard & Hopt, Klaus J. & Kanda, Hideki & Rock, Edward B., 2009. "The Anatomy of Corporate Law: A Comparative and Functional Approach," OUP Catalogue, Oxford University Press, edition 2, number 9780199565849.
    12. Bratton William W., 2011. "Reuven Avi-Yonah's "Citizens United and the Corporate Form": Still Unuseful," Accounting, Economics, and Law: A Convivium, De Gruyter, vol. 1(3), pages 1-10, December.
    13. Gindis, David, 2009. "From fictions and aggregates to real entities in the theory of the firm," Journal of Institutional Economics, Cambridge University Press, vol. 5(1), pages 25-46, April.
    14. Gross, Leo, 1959. "The Common Law of Mankind. By C. Wilfred Jenks. (New York: Frederick A. Praeger. 1958. Pp. xxvi, 456.)," American Political Science Review, Cambridge University Press, vol. 53(3), pages 828-830, September.
    15. Robé Jean-Philippe, 2011. "The Legal Structure of the Firm," Accounting, Economics, and Law: A Convivium, De Gruyter, vol. 1(1), pages 1-88, January.
    16. Hansmann, Henry & Kraakman, Reinier, 2000. "Organizational law as asset partitioning," European Economic Review, Elsevier, vol. 44(4-6), pages 807-817, May.
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    Cited by:

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    2. Blanche Segrestin & Armand Hatchuel & Kevin Levillain, 2021. "When the Law Distinguishes Between the Enterprise and the Corporation: The Case of the New French Law on Corporate Purpose," Journal of Business Ethics, Springer, vol. 171(1), pages 1-13, June.
    3. Phil Faulkner & Stephen Pratten & Jochen Runde, 2017. "Cambridge Social Ontology: Clarification, Development and Deployment," Cambridge Journal of Economics, Cambridge Political Economy Society, vol. 41(5), pages 1265-1277.
    4. Blanche Segrestin & Armand Hatchuel & Kevin Levillain, 2020. "When the law distinguishes between the enterprise and the corporation: the case of the new French law on corporate purpose," Post-Print hal-02441287, HAL.
    5. Blanche Segrestin & Armand Hatchuel & Kevin Levillain, 2021. "When the Law Distinguishes Between the Enterprise and the Corporation: The Case of the New French Law on Corporate Purpose," Post-Print hal-02465609, HAL.
    6. S. Taniguchi, Kazuhiro, 2022. "Why Fukushima? A diachronic and multilevel comparative institutional analysis of a nuclear disaster," Energy Policy, Elsevier, vol. 167(C).
    7. Imko Meyenburg, 2022. "A possibilist justification of the ontology of counterfactuals and forecasted states of economies in economic modelling," Working Papers hal-03751205, HAL.

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