Perspectives on the Corporation

27 June 2024

Juncture co-hosted a conference on the topic ‘Perspectives on the Corporation’, with the University of Edinburgh and Centre for Commercial Law and Regulatory Studies (CLARS), Monash University.

The conference took place from June 24-26 2024,  at the Edinburgh Centre for Commercial Law, University of Edinburgh. Seven panels with multiple presenters discussed various aspects and perspectives on the corporate form.

Key themes that emerged from the conference include:

  • Traditional and modern approaches to understanding the company, including discussions on real entity theory, stakeholder theory, and new legal concession approaches. These presentations explored how the nature and purpose of corporations are conceived from different theoretical standpoints. 
  • The role and impact of corporate groups, examining how the limited company form functions within larger corporate structures. This included analysis of the opportunities and risks associated with using the corporate form as a tool within group structures.
  • The concept of corporate purpose, particularly in relation to sustainability and stakeholder protection. Empirical research was presented on how companies articulate and implement their stated purposes in practice.
  • The influence of non-legal disciplines on corporate governance, including discussions on how standardized governance practices affect sustainability initiatives and the impact of horizontal shareholding on competition.
  • Perspectives from other areas of law, such as human rights and fiduciary obligations, and how these intersect with and influence corporate law and governance.
  • Comparative and international perspectives on the company, examining legislative approaches in different jurisdictions and the evolving role of corporations as social institutions in the 21st century.
  • Diverse perspectives on the corporation, including feminist theory, diversity circularity, and postcolonial viewpoints, aiming to broaden and challenge traditional understandings of the corporate form.
  • Practical aspects of using and understanding the company, such as directors’ duties from an employment law perspective and the challenges of corporate rescue in insolvency situations.

Throughout the conference, presenters explored how different theoretical frameworks, legal systems, and societal expectations shape our understanding of the corporation and its role in modern society. The discussions highlighted the complex and multifaceted nature of the corporate form, emphasising the need for interdisciplinary approaches to fully grasp its implications and potential for evolution in response to changing social, economic, and environmental demands.

This was the third symposium in an ongoing series. Symposium participants to date include:

  • Associate Professor Gaia Balp, Bocconi University
  • Professor Roberto Barontini, Scuola Superiore Sant’Anna, Pisa
  • Dr Tim Bowley, Monash Law, Centre for Commercial Law & Regulatory Studies (CLARS) 
  • Dr Megan Bowman, The Dickson Poon School of Law, King’s College London
  • Professor Brian Broughman, Vanderbilt Law School
  • Dr Lynn Buckley, University of Auckland Business School
  • Professor David Cabrelli, University of Edinburgh
  • Professor Geert Van Calster, Leuven Centre for Global Governance
  • Dr Katarzyna Chałaczkiewicz-Ładna, University of Glasgow
  • Professor Blanaid Clarke, Trinity College Dublin
  • Professor Pierre-Henri Conac, Max Planck Institute Luxembourg
  • Professor Irene-Marie Esser, University of Glasgow
  • Professor Prasanna Gai, University of Auckland Business School
  • Dr Emilie Ghio, University of Edinburgh
  • Dr Jonathan Hardman, University of Edinburgh Law School
  • Dr Eleanor Hickman, University of Bristol
  • Professor Jennifer Hill, Monash Law, Centre for Commercial Law & Regulatory Studies (CLARS)
  • Dr Johanna Hoekstra, University of Edinburgh
  • Professor Kenneth Husted, University of Auckland Business School
  • Professor Gavin Jack, University of Edinburgh
  • Professor Andrew Johnston, University of Warwick
  • Dr Dionysia Katelouzou, The Dickson Poon School of Law, King’s College London
  • Dr Anat Keller, The Dickson Poon School of Law, King’s College London
  • Dr Steve Kourabas, Monash University
  • Dr Rachel Leow, London School of Economics
  • Dr Longjie Lu, University of Edinburgh
  • Dr Billie Lythberg, University of Auckland Business School
  • Dr Andrew MacLean, University of Edinburgh
  • Professor Snejina Michailova, University of Auckland Business School
  • Professor Eva Micheler, London School of Economics
  • Dr Jamie Newth, University of Auckland Business School
  • Professor Mieke Olaerts, University of Maastricht
  • Dr Timothy Peters, University of the Sunshine Coast
  • Professor Morgan Ricks, Vanderbilt Law School
  • Professor Alexander Sajnovits, Johannes Gutenberg-Universität Mainz, Germany
  • Professor Michael Schillig, The Dickson Poon School of Law, King’s College London
  • Professor Mathias Siems, European University Institute (EUI)
  • Dr Nick Sinanis, Monash University
  • Professor Liam Smith, Monash Sustainable Development Institute (MSDI), Director, BehaviourWorks Australia
  • Professor Giovanni Strampelli, Bocconi University
  • Professor Lynne Taylor, University of Canterbury
  • Dr Peter Underwood, University of Exeter
  • Professor Susan Watson, University of Auckland Business School
  • Professor Sally Wheeler, Birkbeck University
  • Professor Cynthia Williams, Indiana University Maurer School of Law