托尼·劳森的法人理论:迈向法的社会本体论

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

Cambridge Journal of Economics · 2017
被引 20
人大 A-ABS 3

中文导读

考察托尼·劳森将法人视为“社群”的理论,对比约翰·塞尔的社会现实理论,论证法律概念是社会现实的一部分,并探讨法律承认法人“现实”对商业公司活动规范性秩序的影响。

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.

企业本体论社会本体论法律概念企业社群观