Corporate SovereigntyCorporate Sovereignty



In Corporate Sovereignty, Barkan argues that corporate power should be rethought as a mode of political sovereignty.

Author: Joshua Barkan

Publisher: U of Minnesota Press

ISBN: 9780816686490

Category:

Page: 256

View: 540

Refinery explosions. Accounting scandals. Bank meltdowns. All of these catastrophes—and many more—might rightfully be blamed on corporations. In response, advocates have suggested reforms ranging from increased government regulation to corporate codes of conduct to stop corporate abuses. Joshua Barkan writes that these reactions, which view law as a limit on corporations, misunderstand the role of law in fostering corporate power. In Corporate Sovereignty, Barkan argues that corporate power should be rethought as a mode of political sovereignty. Rather than treating the economic power of corporations as a threat to the political sovereignty of states, Barkan shows that the two are ontologically linked. Situating analysis of U.S., British, and international corporate law alongside careful readings in political and social theory, he demonstrates that the Anglo-American corporation and modern political sovereignty are founded in and bound together through a principle of legally sanctioned immunity from law. The problems that corporate-led globalization present for governments result not from regulatory failures as much as from corporate immunity that is being exported across the globe. For Barkan, there is a paradox in that corporations, which are legal creations, are given such power that they undermine the sovereignty of states. He notes that while the relationship between states and corporations may appear adversarial, it is in fact a kind of doubling in which state sovereignty and corporate power are both conjoined and in conflict. Our refusal to grapple with the peculiar nature of this doubling means that some of our best efforts to control corporations unwittingly reinvest the sovereign powers they oppose.

The Theory of the State Its Nature Its Functions Its Rights Its Political OrganizationThe Theory of the State Its Nature Its Functions Its Rights Its Political Organization



And hence, instead of regarding as sovereign the fictitious entity that we are
accustomed to regard as such, we might with ... (f) - Hence, it is easy to perceive
that the doctrine of corporate sovereignty— which is the form in which the
doctrine of ...

Author: George H. Smith

Publisher:

ISBN: UCAL:$B28554

Category:

Page: 162

View: 474

Proceedings of the American Philosophical Society Held at Philadelphia for Promoting Useful KnowledgeProceedings of the American Philosophical Society Held at Philadelphia for Promoting Useful Knowledge



And hence , instead of regarding as sovereign the fictitious entity that we are
accustomed to regard as such , we might ... ( 3 ) But latterly the doctrine of
corporate sovereignty has been asserted in another form that bids fair in this
country and in ...

Author: American Philosophical Society

Publisher:

ISBN: IND:30000099915252

Category:

Page:

View: 629

Corporate Regulation in International LawCorporate Regulation in International Law



From the late-nineteenth century onward, the private business corporation as a
privately incorporated entity was no ... Philip J. Stern, The Company-State,
Corporate Sovereignty and the Early Modern Foundations of the British Empire in
India ...

Author: Doreen Lustig

Publisher: Law and Global Governance

ISBN: 9780198822097

Category:

Page: 256

View: 842

This book critically analyses existing accounts of the history of the relationship between international law and multinational corporations using four case studies: Firestone in Liberia, the Nuremberg trials, the Anglo-Iranian Oil Company, and the UNCTC code of conduct.

The Corporate Nature of English SovereigntyThe Corporate Nature of English Sovereignty



THE NATURE OF ENGLISH SOVEREIGNTY are BEFORE setting forth briefly
some of the evidence of corporate sovereignty it is necessary to obtain a notion of
what is here meant by “ sovereignty . " Its corporate character must also be shown
 ...

Author: William Wrathal Lucas

Publisher:

ISBN: PRNC:32101068558509

Category:

Page: 91

View: 306

Sovereignty and Service Relationships in the Timurid Corporate Dynasty Under BaburSovereignty and Service Relationships in the Timurid Corporate Dynasty Under Babur



... members of the corporate dynasty ought to support each other in the face of
external threats , and also felt all agnates who acknowledged his authority should
be entitled to share in the benefits and responsibilities of corporate sovereignty .

Author: Paul Lavern Hanson

Publisher:

ISBN: UOM:39015032447065

Category:

Page: 544

View: 777

Empire s TracksEmpire s Tracks



5. John Dewey, “The Historic Background of Corporate Legal Personality,” Yale
Law Journal 70, no. 6 (April 1926): 669; Morris Cohen, “Property and Sovereignty
,” Cornell Law Quarterly 1, no. 1 (1927): 8–9; Eric Wilson, The Savage Republic:
 ...

Author: Manu Karuka

Publisher: University of California Press

ISBN: 9780520296640

Category:

Page: 320

View: 321

Empire’s Tracks boldly reframes the history of the transcontinental railroad from the perspectives of the Cheyenne, Lakota, and Pawnee Native American tribes, and the Chinese migrants who toiled on its path. In this meticulously researched book, Manu Karuka situates the railroad within the violent global histories of colonialism and capitalism. Through an examination of legislative, military, and business records, Karuka deftly explains the imperial foundations of U.S. political economy. Tracing the shared paths of Indigenous and Asian American histories, this multisited interdisciplinary study connects military occupation to exclusionary border policies, a linked chain spanning the heart of U.S. imperialism. This highly original and beautifully wrought book unveils how the transcontinental railroad laid the tracks of the U.S. Empire.

The Oxford Handbook of Jurisdiction in International LawThe Oxford Handbook of Jurisdiction in International Law



That the state and the corporation are not wholly separate even in law was a
point famously made long ago by Frederick ... Interalia, Philip Stern, The
Company-State: Corporate Sovereignty and the Early Modern Foundations of the
British ...

Author: Stephen Allen

Publisher: Oxford University Press, USA

ISBN: 9780198786146

Category:

Page: 624

View: 295

The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.

Authorized Report of the Proceedings of the Congress of the Protestant Episcopal Church in the United States Authorized Report of the Proceedings of the Congress of the Protestant Episcopal Church in the United States



For by maintaining the corporate sovereignty of the Church in bringing clergy and
laity , as well as bishops , into the work of legislation , they conserved the
principle of enlightened polity ; they held all its officers and ministers accountable
, not ...

Author:

Publisher:

ISBN: HARVARD:AH3LGB

Category:

Page:

View: 759

Reports of Cases Argued and Determined in the Supreme Court And at Law in the Court of Errors and Appeals of the State of New JerseyReports of Cases Argued and Determined in the Supreme Court And at Law in the Court of Errors and Appeals of the State of New Jersey



... but in the name of the corporate sovereignty . No crimen læsce majestatis
could be committed against our executives ; no crime alleged to break their
peace or wound their dignity . necessary consequence , the fine and forfeiture
went not to ...

Author: New Jersey. Supreme Court

Publisher:

ISBN: OSU:32437011912934

Category:

Page:

View: 749

Reports of Cases Argued and Determined in the Supreme Court and the Court of Errors and Appeals of New JerseyReports of Cases Argued and Determined in the Supreme Court and the Court of Errors and Appeals of New Jersey



Public prosecutions were no longer conducted in its name , but in the name of the
corporate sovereignty . No crimen læsæ majestatis could be committed against
our executives ; no crime alleged to break their peace or wound their dignity .

Author:

Publisher:

ISBN: NYPL:33433007093747

Category:

Page:

View: 416

Reply to Hon Charles G Loring Upon Reconstruction Reply to Hon Charles G Loring Upon Reconstruction



Can you obtain a right to any thing , or dispose of a right in any way , except as
the corporate Sovereignty shall have ordained ? What else is even the
Sovereignty , the Right of Command itself , but the corporate prerog . ative
controlling all ...

Author: John Stephen Wright

Publisher:

ISBN: NYPL:33433081764270

Category:

Page: 220

View: 358

Reports of Cases Argued and Determined in the Supreme Judicial Court of the State of MaineReports of Cases Argued and Determined in the Supreme Judicial Court of the State of Maine



The statute becomes operative only in case of neglect by the corporation “ to
receive passengers at proper places ... I submit that State sovereignty should
dominate over corporate sovereignty , and the public be placed in the enjoyment
of ...

Author: Maine. Supreme Judicial Court

Publisher:

ISBN: SRLF:A0011947918

Category:

Page:

View: 423

Reports of Cases in Law and Equity Determined by the Supreme Judicial Court of MaineReports of Cases in Law and Equity Determined by the Supreme Judicial Court of Maine



The statute becomes operative only in case of neglect by the corporation “ to
receive passengers at proper places ... I submit that State sovereignty should
dominate over corporate sovereignty , and the public be placed in the enjoyment
of ...

Author: Maine. Supreme Judicial Court

Publisher:

ISBN: CORNELL:31924088245653

Category:

Page:

View: 925

Reports of Cases Argued and Determined in the Supreme Court of Appeals of West VirginiaReports of Cases Argued and Determined in the Supreme Court of Appeals of West Virginia



But it was not the State , that did it ; it was a creature with corporate powers ,
capacities , and liabilities , that did it . ... all benefits to be conferred by the
corporation , and yet it being sovereign or representing sovereignty it could not
be sued .

Author: West Virginia. Supreme Court of Appeals

Publisher:

ISBN: HARVARD:32044078642832

Category:

Page:

View: 633

Report of Cases Determined in the Supreme Court of Appeals of the State of West VirginiaReport of Cases Determined in the Supreme Court of Appeals of the State of West Virginia



But it was not the State , that did it ; it was a creature with corporate powers ,
capacities , and liabilities , that did it . The State as such does not enter into ...
own the property of the corporation . Sovereignty does not reside in such a
corporation ...

Author: West Virginia. Supreme Court of Appeals

Publisher:

ISBN: UOM:35112102651769

Category:

Page:

View: 917

Lectures on the Early History of InstitutionsLectures on the Early History of Institutions



... of Sovereignty, it becomes clear that he has, to say the least, a strong
preference for monarchies over aristocracies and democracies, or (to use the
phraseology of the school which he founded) for individual over corporate
Sovereignty.

Author: Henry Sumner Maine

Publisher:

ISBN: UOM:39015028181785

Category:

Page: 412

View: 372