An edition of Law and the rise of the firm (2006)

Law and the rise of the firm

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Law and the rise of the firm
Henry Hansmann
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Last edited by MARC Bot
August 14, 2024 | History
An edition of Law and the rise of the firm (2006)

Law and the rise of the firm

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"Organizational law empowers firms to hold assets and enter contracts as entities that are legally distinct from their owners and managers. Legal scholars and economists have commented extensively on one form of this partitioning between firms and owners: namely, the rule of limited liability that insulates firm owners from business debts. But a less-noticed form of legal partitioning, which we call “entity shielding,” is both economically and historically more significant than limited liability. While limited liability shields owners' personal assets from a firm's creditors, entity shielding protects firm assets from the owners' personal creditors (and from creditors of other business ventures), thus reserving those assets for the firm's creditors. Entity shielding creates important economic benefits,, including a lower cost of credit for firm owners, reduced bankruptcy administration costs, enhanced stability, and the possibility of a market in shares. But entity shielding also imposes costs by requiring specialized legal and business institutions and inviting opportunism vis-à-vis both personal and business creditors. The changing balance of these benefits and costs helps explain the evolution of legal entities across time and societies. To both illustrate and test this proposition, we describe the development of entity shielding in four historical epochs: ancient Rome, the Italian Middle Ages, England of the 17th -- 19th centuries, and the United States from the 19th century to the present"--John M. Olin Center for Law, Economics, and Business web site.

Publish Date
Language
English
Pages
1403

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Edition Availability
Cover of: Law and the rise of the firm
Law and the rise of the firm
2006, Harvard Law School
Electronic resource in English
Cover of: Law and the rise of the firm
Law and the rise of the firm
2006, Harvard Law Review Association
in English

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Book Details


Edition Notes

Offprint: Harvard Law Review. Vol. 119, no. 5 (March 2006).

Published in
Cambridge, Mass
Other Titles
Harvard law review.

The Physical Object

Pagination
p. 1333-1403
Number of pages
1403

ID Numbers

Open Library
OL53202693M

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August 14, 2024 Created by MARC Bot Imported from harvard_bibliographic_metadata record