公司法与社会自治:法律作为社会危险
1School of Law, University of Manchester, Manchester, M13 9PL UK.
概括
公司法创造了一个社会反循环,阻碍了社会对核心价值观的反思,并与社会自治发生冲突. 这种固有的冲突表明企业法.
科学领域:
- 社会法律研究社会法律研究.
- 法律哲学 法律哲学
- 法律社会学 法律社会学
背景情况:
- 目前,企业法作为社会进程的平台.
- 这些过程阻碍了社会对基本社会目标进行批判性反思的能力.
- 公司法与社会自治之间存在着核心冲突.
研究的目的:
- 分析企业法与社会自治之间的冲突.
- 检查公司在社会反循环中的作用.
- 质疑公司法的合法性和永久性.
主要方法:
- 企业法在社会中的作用的概念分析.
- 检查由企业利益驱动的社会反循环机制.
- 对社会范式和法律结构的哲学研究.
主要成果:
- 公司法促进了一个社会过程,企业强加自己的目的,不顾潜在的负面社会后果.
- 这就造成了社会反循环,损害了社会自主.
- 在没有社会范式的根本转变的情况下,解决冲突被认为是不可能的.
结论:
- 目前的公司法结构与社会自主性相冲突.
- 企业法的社会合法性和永久性受到质疑.
- 这些发现为探索对当前企业法律框架的激进替代方案开辟了道路.
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