When I think about Christian perspectives on corporate law, I find myself worrying over the same set of questions. As we consider Lyman's opening and our initial exchanges, I'd be interested in others' reactions to the following questions (and I'll offer a few thoughts myself):
1) Is a Christian perspective on corporate law one of many possible true perspectives, or is it, in the end, the only way to ground a theory of corporations and corporate regulation? Similarly, is there likely to be a single Christian perspective?
2) How does one construct a Christian theory of corporate law (e.g., Do you start with relevant passages of Scripture? Do you start with general underlying principles?)
3) How is a Christian perspective on corporate law different from communitarian theories of corporate law? Are they the same in the end? (With the exception of Steve Bainbridge's important work, most of the Christian perspectives seem to me to look a lot like communitarian insights).
4) What is the audience of a Christian perspective on corporate law? (Other Christian believers? Those who don't share these beliefs?).
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1. Posted by Lyman Johnson on May 4, 2009 @ 12:33 | Permalink
David--
I hope to repond to your third question later but I hope others will address all four before then. Briefly, I think one can have a "contractarian" view of the corporation as well as a "communitarian" view and find potential for enriching corporate law and life by recognizing that some participants in contracting will do so while guided and constrained by religious beliefs. In short, the nature of the "contracting" could be quite different if one party was so guided/constrained AND(this is important) believed that he/she was free to draw on religious beliefs in contracting(more on that later too). Lyman
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