企业的本质与公司的特殊性

The nature of the firm and peculiarities of the corporation

Cambridge Journal of Economics · 2014
被引 86
人大 A-ABS 3

中文导读

利用社会本体论重新定义企业,阐明其经济与法律双重属性,并揭示公司作为企业特殊形式的构成机制,澄清法律拟制等概念,为方法、理论和政策分析提供基础。

Abstract

Insights from social ontology are utilised to provide a novel, or at least clarified, conception of the firm. The latter is shown to be a particular form of social entity that is both of an economic and legal nature. The limited company or ‘corporation’ is shown to be a specific form of firm. A central distinguishing feature of the argument is that positioning matters in social identity constitution and different sorts of phenomena are positioned in different ways. The company/corporation is constituted in a manner that is a hybrid of other forms of positioning. Notions like legal fiction and legal personality that abound in the related literature, often in confused ways, are also clarified. Various consequences are drawn for further analyses at the levels of method, theory and policy.

企业本质公司特性社会本体论法律人格