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1 - The Nature and Purpose of the Corporation in Law

Published online by Cambridge University Press:  29 October 2021

David Bilchitz
Affiliation:
University of Johannesburg
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Summary

This chapter is concerned with understanding the limited liability corporation, the dominant form of conducting business today. First, I consider the relationship between the corporation and the individuals underlying it and argue that this is best captured by a ‘supervenience relation’: the corporation is not reducible to but dependent upon the individuals underlying it. Secondly, I consider the very purpose of forming a corporate entity and argue for a ‘socio-liberal conception of the corporation’. This view understands the corporation as a structure designed to harness the expression of individual economic interests for social benefits. Both the wider social purpose and individual profit-seeking motives are necessary to understand the complex duality that is the modern corporation. These reflections on the nature and purpose of the corporate form – as will be seen later in this book - are of vital importance to explicating the obligations such entities have that flow from fundamental rights.

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Publisher: Cambridge University Press
Print publication year: 2021

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