书评:《法律的多重:实践中的判断与知识》

Carson Cole Arthur
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Such a move has the potential to give a radical new meaning to robber baron Andrew Carnegie’s famous credo “My heart is in the work”. At its heart, however, Modernism and the Meaning of Corporate Persons is a genealogy of a legal concept read through the lens of the aesthetic revolution that occurred simultaneously. It admirably weaves together sustained analyses of case law, legal philosophy, and literature. Scholars interested in legal history, intellectual history, or jurisprudence, will find much to interest them here, though it is principally a work of literary criticism. As a former corporate lawyer, I admit I would have liked to have seen more engagement with the corporate form and regulation as it developed. 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引用次数: 0

摘要

从中国为一首歌制作的不道德的小玩意——如果我们从精神上而不是字面上理解耶稣所说的一切,这显然是一个不那么虔诚的主张——也表明了该公司的意图。换句话说,尽管“爱好大厅”的董事们说该公司是基督徒,但其行动的意义比言语更能说明问题;当“为什么?”,对于公司的某些行为,用安斯库姆的疑问,一声响亮的“为了利润!”(而不是“为基督”)无疑会是答案。因此,当一家公司的董事告诉我们某项特定的公司行为意味着什么时,它对公司人员意图的计算应该与我们被告知厕所是喷泉、艺术品或完全不同的东西一样重要。此举有可能赋予强盗大亨安德鲁•卡内基(Andrew Carnegie)的著名信条“我的心在工作”以全新的意义。然而,在其核心,现代主义和法人的意义是通过同时发生的美学革命的镜头解读的法律概念的谱系。它令人钦佩地将判例法、法律哲学和文学的持续分析编织在一起。对法律史、思想史或法理学感兴趣的学者会在这里发现很多有趣的东西,尽管它主要是一部文学批评作品。作为一名前公司律师,我承认,我本来希望看到公司形式和监管在发展过程中有更多的参与。诚然,董事会决议、公司章程和会议记录很难构成好的文献,尽管我确实想知道,我们是否可以把公司理解为它在文件上所说的意思,它的“公司”存在归功于它的文件,或者我们是否可以把公司理解为受商业判断规则保护的决定,这一规则保护官员和董事在善意做出错误决定时免于承担责任。公司组织和运作的这两个方面在这里都没有得到持续的关注,至少在正式的法律意义上是如此。然而,这些方面与西拉格尼亚的努力只是间接相关。《现代主义和法人的意义》质疑、批判并丰富了我们对一个集体是如何通过一些抽象的形式幻想的魔力,制造材料并储存在特拉华州的一个仓库里,表现得好像它是统一和自然的。因为,幸运的是,文学“相信法律必然强加于自身的权宜之计、效率和结论性的条件”(3),它提供了一个机会来探究法律对法人的本体论主张的认识论权威,它是否有意,以及它意味着什么。
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Book Review: The Law Multiple: Judgment and Knowledge in Practice
unethically-produced tchotchkes from China for a song—a markedly less pious proposition if we take the spirit, and not the letter, of almost everything Jesus ever said—also indicate the corporation’s intentions. In other words, although Hobby Lobby’s directors say the corporate person is Christian, the meaning of its actions speak louder than its words; when the question “why?” is given application, for certain company actions, to use Anscombe’s interrogative, a resounding “for profit!” (not “for Christ”) will no doubt be the answer. Hence when a company’s directors tell us what a particular corporate action means, it ought to matter as much to the calculus of the corporate person’s intention as when we are told a toilet is a fountain, a work of art, or something different altogether. Such a move has the potential to give a radical new meaning to robber baron Andrew Carnegie’s famous credo “My heart is in the work”. At its heart, however, Modernism and the Meaning of Corporate Persons is a genealogy of a legal concept read through the lens of the aesthetic revolution that occurred simultaneously. It admirably weaves together sustained analyses of case law, legal philosophy, and literature. Scholars interested in legal history, intellectual history, or jurisprudence, will find much to interest them here, though it is principally a work of literary criticism. As a former corporate lawyer, I admit I would have liked to have seen more engagement with the corporate form and regulation as it developed. Admittedly board resolutions, articles of incorporation, and meeting minutes hardly make for good literature, though I do wonder whether we can take a corporation to mean what it says on its papers, the papers to which it owes its ‘incorporate’ existence, or whether we can take a corporation to intend the decisions that are protected by the business judgment rule, a rule that protects officers and directors from liability when they have made poor decisions in good faith. Neither of these aspects of corporate organization and operation receives sustained attention here, at least in a formal legal sense. These aspects are only indirectly related to Siraganian’s endeavor, however. Modernism and the Meaning of Corporate Persons questions, critiques, and enriches our understanding of how a collective can, by the magic of some abstract formal conceit, made material and stored in a warehouse in Delaware, act as if it were unified and natural. Because literature is, mercifully, “[r]elieved of the conditions of expediency, efficiency, and conclusiveness that law necessarily imposes on itself” (3), it affords an opportunity to inquire into the epistemological authority for law’s ontological claims of the corporate person, whether it intends, and what it means.
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