Cooperation Without Trust?


Book Description

Some social theorists claim that trust is necessary for the smooth functioning of a democratic society. Yet many recent surveys suggest that trust is on the wane in the United States. Does this foreshadow trouble for the nation? In Cooperation Without Trust? Karen Cook, Russell Hardin, and Margaret Levi argue that a society can function well in the absence of trust. Though trust is a useful element in many kinds of relationships, they contend that mutually beneficial cooperative relationships can take place without it. Cooperation Without Trust? employs a wide range of examples illustrating how parties use mechanisms other than trust to secure cooperation. Concerns about one's reputation, for example, could keep a person in a small community from breaching agreements. State enforcement of contracts ensures that business partners need not trust one another in order to trade. Similarly, monitoring worker behavior permits an employer to vest great responsibility in an employee without necessarily trusting that person. Cook, Hardin, and Levi discuss other mechanisms for facilitating cooperation absent trust, such as the self-regulation of professional societies, management compensation schemes, and social capital networks. In fact, the authors argue that a lack of trust—or even outright distrust—may in many circumstances be more beneficial in creating cooperation. Lack of trust motivates people to reduce risks and establish institutions that promote cooperation. A stout distrust of government prompted America's founding fathers to establish a system in which leaders are highly accountable to their constituents, and in which checks and balances keep the behavior of government officials in line with the public will. Such institutional mechanisms are generally more dependable in securing cooperation than simple faith in the trustworthiness of others. Cooperation Without Trust? suggests that trust may be a complement to governing institutions, not a substitute for them. Whether or not the decline in trust documented by social surveys actually indicates an erosion of trust in everyday situations, this book argues that society is not in peril. Even if we were a less trusting society, that would not mean we are a less functional one. A Volume in the Russell Sage Foundation Series on Trust




Joint Ventures Law in Australia


Book Description

This edition includes considerable new material in consequences of changes in the law generally and commercial approaches to financing joint ventures in particular. Of special note are the following: Financing of Joint Ventures has been completely re-written with considerable additions to take account of the new legislative regimes such as the Personal Property Securities, and the impact of climate change legislation; a new chapter called Resources Joint Ventures undertakes a thorough analysis of a typical resources joint venture and is heavily cross referenced into the chapter on Default; International Joint Ventures now includes additional material on structuring and dispute resolution; and, Joint Ventures and the Competition and Consumer Act has been substantially re-written to take account of 2009 legislative amendments on cartel conduct, and the impact of changes wrought by the Competition and Consumer Act 2010.




Equity, Trusts and Commerce


Book Description

This collection of essays, written by leading commentators from across the common law world, examines a range of topics concerning Equity and Trusts in the commercial context. The essays investigate the way in which doctrines derived from the equitable jurisdiction interact with and shape various areas of the law, including company law, commercial law and agency law. Subjects considered include the difficulties in identifying trust assets in the commercial context; the court's role in supervising the trust; and the remedies available in cases of fiduciary or trustee wrongdoing. This book will be of interest to both academics and practitioners working in these difficult areas of equity and commercial law.




Corporations Law in Australia


Book Description

The second edition of this text incorporates the latest changes to Australian corporations law, up to and including the Corporations Act 2001 and the Financial Services Reform Act 2001. Like the 1st edition, this text is written particularly for undergraduate law students. The book introduces students to Australian corporate law in a way that is informed by theory and policy. Throughout the book the authors draw upon materials from fields such as economics, sociology and politics to provide a contextually relevant account of modern corporate law. Ample references and pointers are provided to policy debates, contemporary issues, and to further reading. The authors bring considerable experience in interdisciplinary corporate law teaching and research. The authors aim to stimulate the reader into further critical analysis of corporate law issues, and to equip them with the capacity to respond in an informed way to future changes and developments. The book also encourages the reader to independently pursue further research in areas of corporate law. Each of the 25 chapters has been revised and updated. The book deals with: Introduction - the history of corporate law, and key themes and perspectives. Corporate Structures and Regulation - including the structure of Australian corporate law; ASIC's role and powers; and the role of auditors. Corporate Obligations - including corporate capacity; contractual and criminal liability. Corporate Governance - membership and meetings; directors' duties; shareholders' rights. Corporate Finance - including share and debt capital, the Managed Investments Act 1998, and fundraising. Securities and Takeovers Corporate Rescues and Winding Up




Law and Society in England 1750-1950


Book Description

Law and Society in England 1750–1950 is an indispensable text for those wishing to study English legal history and to understand the foundations of the modern British state. In this new updated edition the authors explore the complex relationship between legal and social change. They consider the ways in which those in power themselves imagined and initiated reform and the ways in which they were obliged to respond to demands for change from outside the legal and political classes. What emerges is a lively and critical account of the evolution of modern rights and expectations, and an engaging study of the formation of contemporary social, administrative and legal institutions and ideas, and the road that was travelled to create them. The book is divided into eight chapters: Institutions and Ideas; Land; Commerce and Industry; Labour Relations; The Family; Poverty and Education; Accidents; and Crime. This extensively referenced analysis of modern social and legal history will be invaluable to students and teachers of English law, political science, and social history.







Contemporary Australian Corporate Law


Book Description

Contemporary Australian Corporate Law is a highly-regarded introduction to corporate law in Australia that provides an authoritative, contextual and critical analysis of the law governing Australian corporations and financial markets. It explores the rules, principles, doctrines and policies that constitute corporate law in Australia within their legal, social, economic and political contexts. Clearly and precisely written, this edition has been thoroughly updated and refined to reflect current Australian corporate law, including recent case law, changes to the Corporations Act 2001 and the impact on the corporate sector of the Financial Services Royal Commission. Written by leading legal scholars, Contemporary Australian Corporate Law will assist students to develop a critically informed understanding of corporate law and the role of corporations in contemporary society.




Research Handbook on Shareholder Inspection Rights


Book Description

Shareholder inspection rights form an important tool for shareholder protection. They offer shareholders seeking information private access to specific books and records of the company that are otherwise not publicly available. While there has been a discourse on the topic in some jurisdictions such as Delaware (USA), it has not received scholarly treatment at an international level. This Research Handbook seeks to alter that, and signifies the first endeavor to engage in a comprehensive and comparative analysis of shareholder inspection.




The Making of the Modern Company


Book Description

This book adopts a historical perspective to highlight, and bring back into focus, the key features of the modern company. A central argument in the book is that legal personhood attaching to an entity containing a corporate fund seeded by shareholders is a direct and inevitable consequence of limited liability and the company's status as a separate legal entity from its shareholders. Management by a board subject to legal duties to the company as an entity that can exist in perpetuity facilitates a long term perspective by the board that can accommodate both shareholder and stakeholder interests. These defining characteristics differentiate the modern company from other business forms. The Making of the Modern Company applies a 21st-century lens to the corporation through its history to identify turning points in its development. It sets out how key features emerged in the course of two separate developmental cycles in English corporate law: first with the English East India Company in the 17th century, and then with general incorporation statutes in the 2nd half of the 19th century. The book's historical perspective highlights that the key features are part of the 'secret sauce' of modern companies. Each cycle coincided with unparalleled periods of economic success associated with corporate activity This book will be of interest to corporate law and governance academics, theorists and practitioners, those who study the company from related disciplines, and anyone who questions why uncertainty still exists about the structure of a legal form that has been described as 'amongst mankind's greatest inventions'.