The Multinational Challenge to Corporation Law: The Search for a New Corporate Personality

By Phillip I. Blumberg | Go to book overview

Notes

Chapter 1
1.
For a historical review of these developments, see Carr, Early Forms of Corporations, in 3 SELECT ESSAYS IN ANGLO-AMERICAN LEGAL HISTORY 161 ( 1909); C. COOKE, CORPORATION TRUST AND COMPANY ( 1951); 3 W. HOLDSWORTH , HISTORY OF ENGLISH LAW469-90 (5th ed. 1942), 8 id. 192- 222; L. GOWER, PRINCIPLES OF MODERN COMPANY LAW25-41 (4th ed. 1979).
2.
Williston, for example, asserts that the early English law of corporations was borrowed almost entirely from Roman law. See Williston, History of the Law of Business Corporations before 1800 (pt. 2), 2 HARV. L. REV. 149, 164 ( 1888).

On the Roman law of corporations, see generally W. BUCKLAND, ROMAN LAW AND COMMON LAW ( F. Lawson ed. 2d ed. 1965); P. DUFF, PERSONALITY IN ROMAN PRIVATE LAW35-37 ( 1938, reprint 1971). The Handlins wisely counsel that "the paucity of material and the uncertainty concerning the general character of Roman corporations render the drawing of analogies hazardous." Handlin & Handlin, Origins of the American Business Corporation, 5 J. ECON. HIST. 1, 10 n.52 ( 1945).

3.
See C. COOKE, supra., at 21, 34-35.
4.
2 E. COKE, "FIRST PART OF THE INSTITUTE OF THE LAWS OF ENGLAND OR A COMMENTARY UPON LITTLETON" 250a (1st ed. 1628); Case of Sutton Hospital, 10 Coke 23a, 77 Eng. Rep. 960, 970-71, 973 ( 1612); ANON., "THE LAW OF CORPORATIONS" ( 1702); 1 W. BLACKSTONE, "COMMENTARIES ON THE LAW OF ENGLAND"467-68, 470, 472, 478 (1st ed. 1765); 2 S. KYD, "CORPORATIONS"103 et seq. ( 1793).
5.
In order to simplify discussion, this volume will use the term rights to refer to all advantageous aspects of corporate legal existence, whether more meticulously classified for other purposes as rights, powers, privileges, or claims. Similarly, the term responsibilities will refer to all duties, obligations, liabilities, and similar legal burdens.

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