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Indeterminacy and Balance: A Path to a Wholesome Corporate Law
2012
Social Science Research Network
This article argues that corporate legal scholarship needs to focus primarily upon the indeterminacy of essentialist theories about the corporation. This will result in greater pluralism, since no essentialist legal theory would become heavily privileged over any other. When such a balance is created between theories, a robust debate can occur where no ideas are raised to the status of being "undiscussable preferences" and no essentialist theory is off the table before the debate begins. This
doi:10.2139/ssrn.2149817
fatcat:lv75bdbebjdnzhg565uvl5ywzm