from Part VII - From Foundations to Future Directions
Published online by Cambridge University Press: 15 January 2023
Using a communal approach that employs diverse feminist perspectives, co-authors Anne Choike, Martha Albertson Fineman, and Cheryl L. Wade argue that feminism offers corporate law a vitally important analytical tool to advance the creation of a more just legal framework governing corporations and their stakeholders. Choike, Fineman, and Wade highlight feminist corporate law literature that uses various feminist and feminist-inspired approaches to illuminate how using such perspectives can facilitate critical examination of corporate law concepts (including corporate personhood, limited liability, board diversity, firm ownership, and theories of the firm). Choike, Fineman and Wade argue that each type of feminism offers unique tools to analyze corporate law. Liberal feminism’s focus on gender identity, among other intersectional identity characteristics, reveals corporate law’s inequitable substance and operation. Relational feminism’s attention to gendered values and ethical frameworks highlights their impact upon the role and function of the corporation. Dominance feminism’s focus on power enables critique of implicitly gendered privileges that corporate law confers upon corporate actors. Feminism-inspired universal theories like vulnerability theory transcend gender to consider how institutional relationships in corporate law, such as principal/agent and worker/owner, may be unequal. Professional practitioners, scholars, and students can benefit from this chapter.
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