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7 - Company law and the courts

Published online by Cambridge University Press:  08 December 2009

George Robb
Affiliation:
St Bonaventure University, New York
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Summary

The story of English company law during the nineteenth and twentieth centuries is the story of the rise and fall of laissez-faire. As we have seen, the various agents of English finance and trade operated under the most permissive commercial legislation in all of Europe, if not the world. From the mid-nineteenth century through the early decades of the twentieth, the law put few obstacles in the paths of white-collar criminals, trusting instead that the free market would regulate itself and that good business would drive out bad. The liberal outlook was taken up by the law courts which neglected business frauds and treated white-collar criminals with comparative leniency. Throughout much of this period, cultural perceptions of “criminality” remained focused on the “dangerous classes” while elite misconduct was seen as a relatively minor social ill. Experience, however, proved increasingly irreconcilable with classical economic theory and class prejudice. The speculative disaster of 1866, the fraudulent loan issues of the 1870s and the crash of the City of Glasgow Bank in 1878 brought to light a system of finance riddled with fraud. Thus, from the 1880s there was an ideological shift in favor of greater state regulation of the economy to protect investors. Thereafter, the movement for the reform of company law gained momentum with each new revelation of fraud. Balfour, Hooley, Wright, Bottomley, Bevan and Hatry all contributed to the weakening of free trade doctrines among legislators, the business community and the general public.

In 1844 the British Parliament attempted to regulate joint-stock company affairs for the first time.

Type
Chapter
Information
White-Collar Crime in Modern England
Financial Fraud and Business Morality, 1845–1929
, pp. 147 - 168
Publisher: Cambridge University Press
Print publication year: 1992

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  • Company law and the courts
  • George Robb, St Bonaventure University, New York
  • Book: White-Collar Crime in Modern England
  • Online publication: 08 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511522789.008
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  • Company law and the courts
  • George Robb, St Bonaventure University, New York
  • Book: White-Collar Crime in Modern England
  • Online publication: 08 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511522789.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Company law and the courts
  • George Robb, St Bonaventure University, New York
  • Book: White-Collar Crime in Modern England
  • Online publication: 08 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511522789.008
Available formats
×