Stefano Bartolini
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199286430
- eISBN:
- 9780191603242
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199286434.003.0002
- Subject:
- Political Science, European Union
The analytical framework sketched in Chapter One is used to review the history of state formation in Europe at a number of critical junctures from the sixteenth to the twentieth century: state ...
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The analytical framework sketched in Chapter One is used to review the history of state formation in Europe at a number of critical junctures from the sixteenth to the twentieth century: state formation, capitalist development and market formation, nation formation, generalisation of participation rights (democratization), and development of social sharing institutions (welfare systems). The recasting emphasizes how the processes of boundary control in various spheres contributed to the specific and historically unique constellation of centre-periphery structuring, interest intermediation structuring, and cleavage structuring in the Western experience. This key idea — that domestic political structures are historically grounded in specific configurations of economic, cultural, administrative and coercion confinement of actors and resources — suggests that political developments affecting the boundary configuration of the nation state will also affect the domestic forms of its political structures. This is the starting point for the succeeding chapters devoted to the European integration process.Less
The analytical framework sketched in Chapter One is used to review the history of state formation in Europe at a number of critical junctures from the sixteenth to the twentieth century: state formation, capitalist development and market formation, nation formation, generalisation of participation rights (democratization), and development of social sharing institutions (welfare systems). The recasting emphasizes how the processes of boundary control in various spheres contributed to the specific and historically unique constellation of centre-periphery structuring, interest intermediation structuring, and cleavage structuring in the Western experience. This key idea — that domestic political structures are historically grounded in specific configurations of economic, cultural, administrative and coercion confinement of actors and resources — suggests that political developments affecting the boundary configuration of the nation state will also affect the domestic forms of its political structures. This is the starting point for the succeeding chapters devoted to the European integration process.
Daniel Halberstam
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199245000
- eISBN:
- 9780191599996
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199245002.003.0009
- Subject:
- Political Science, European Union
Examines the difference between the European and American perceptions of the effects and desirability of commandeering (the issue of binding commands by central government that force its component ...
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Examines the difference between the European and American perceptions of the effects and desirability of commandeering (the issue of binding commands by central government that force its component states to take regulatory action with respect to private parties) as a mechanism of central–component system interaction. Whereas the USA constitutional jurisprudence prohibits commandeering, the founding charters of the European Union and Germany permit such action. In successive sections, the chapter explores the relevant political and institutional background against which commandeering takes place in the USA, the EU, and Germany. It discusses (1) commandeering in international law and the apparent paradox in American views; (2) the formal supremacy of central law within component legal systems; (3) the ‘viscosity’ of the central legal system, i.e., the intensity of the obligation to adhere to the central legal system's norms; (4) the specificity of commands issued by central to component units of government (the directive as a limited tool of commandeering); (5) the corporate representation of component state systems within the law‐making bodies of central systems; and (6) the relative completeness and effectiveness of the levels of governance and the prominent alternatives to commandeering in each system, with specific reference to central government dependence (or not) on component state resources.Less
Examines the difference between the European and American perceptions of the effects and desirability of commandeering (the issue of binding commands by central government that force its component states to take regulatory action with respect to private parties) as a mechanism of central–component system interaction. Whereas the USA constitutional jurisprudence prohibits commandeering, the founding charters of the European Union and Germany permit such action. In successive sections, the chapter explores the relevant political and institutional background against which commandeering takes place in the USA, the EU, and Germany. It discusses (1) commandeering in international law and the apparent paradox in American views; (2) the formal supremacy of central law within component legal systems; (3) the ‘viscosity’ of the central legal system, i.e., the intensity of the obligation to adhere to the central legal system's norms; (4) the specificity of commands issued by central to component units of government (the directive as a limited tool of commandeering); (5) the corporate representation of component state systems within the law‐making bodies of central systems; and (6) the relative completeness and effectiveness of the levels of governance and the prominent alternatives to commandeering in each system, with specific reference to central government dependence (or not) on component state resources.
Carsten Gerner-Beuerle and Michael Schillig
- Published in print:
- 2019
- Published Online:
- June 2019
- ISBN:
- 9780199572205
- eISBN:
- 9780191747397
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199572205.003.0003
- Subject:
- Law, Company and Commercial Law, Comparative Law
This chapter presents a general discussion of incorporation and corporate representation. General incorporation requires a formal process that company promoters have to go through, at the end of ...
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This chapter presents a general discussion of incorporation and corporate representation. General incorporation requires a formal process that company promoters have to go through, at the end of which the company or corporation emerges as a separate legal entity. Since investors will have access only to the corporate property, a certain degree of publicity is required in order to facilitate a clear attribution of assets and liabilities to a specific corporate entity. Disclosure is therefore an important element of the incorporation process, and remains significant throughout the duration of the company. Once incorporated, the company or corporation conducts its business by contracting and transacting with other market participants. This requires the attribution of the acts of natural persons to the corporation, causing the corporate property to be subject to, or released from, liability, or to be increased or decreased by the receipt or disposal of assets.Less
This chapter presents a general discussion of incorporation and corporate representation. General incorporation requires a formal process that company promoters have to go through, at the end of which the company or corporation emerges as a separate legal entity. Since investors will have access only to the corporate property, a certain degree of publicity is required in order to facilitate a clear attribution of assets and liabilities to a specific corporate entity. Disclosure is therefore an important element of the incorporation process, and remains significant throughout the duration of the company. Once incorporated, the company or corporation conducts its business by contracting and transacting with other market participants. This requires the attribution of the acts of natural persons to the corporation, causing the corporate property to be subject to, or released from, liability, or to be increased or decreased by the receipt or disposal of assets.
Carsten Gerner-Beuerle and Michael Anderson Schillig
- Published in print:
- 2019
- Published Online:
- June 2019
- ISBN:
- 9780199572205
- eISBN:
- 9780191747397
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199572205.001.0001
- Subject:
- Law, Company and Commercial Law, Comparative Law
This book provides an exposition of company law from a comparative perspective. It analyses important policy issues in the area of company law, including the emergence and nature of the business ...
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This book provides an exposition of company law from a comparative perspective. It analyses important policy issues in the area of company law, including the emergence and nature of the business corporation, EU company law, incorporation and corporate representation, agency problems in the firm, rights of stakeholders and shareholders, minority shareholder protection in corporate control transactions, legal capital, and piercing the corporate veil, as well as corporate insolvency and restructuring law. The book’s main focus is the law of public and private companies in the common law sense (the law of partnerships is referred to and taken into account as necessary). The book’s analysis encompasses the corporate laws of the US, the UK, Germany, and France, as well as the legislative measures adopted by the EU and the relevant case law of the Court of Justice of the EU. It includes edited and, where necessary, translated extracts from leading company case law. The cases are discussed and interpreted in the context of the national and European regulatory frameworks and in light of economic and legal theory, as well as legal history.Less
This book provides an exposition of company law from a comparative perspective. It analyses important policy issues in the area of company law, including the emergence and nature of the business corporation, EU company law, incorporation and corporate representation, agency problems in the firm, rights of stakeholders and shareholders, minority shareholder protection in corporate control transactions, legal capital, and piercing the corporate veil, as well as corporate insolvency and restructuring law. The book’s main focus is the law of public and private companies in the common law sense (the law of partnerships is referred to and taken into account as necessary). The book’s analysis encompasses the corporate laws of the US, the UK, Germany, and France, as well as the legislative measures adopted by the EU and the relevant case law of the Court of Justice of the EU. It includes edited and, where necessary, translated extracts from leading company case law. The cases are discussed and interpreted in the context of the national and European regulatory frameworks and in light of economic and legal theory, as well as legal history.
Aurora Wallace
- Published in print:
- 2012
- Published Online:
- April 2017
- ISBN:
- 9780252037344
- eISBN:
- 9780252094521
- Item type:
- chapter
- Publisher:
- University of Illinois Press
- DOI:
- 10.5406/illinois/9780252037344.003.0001
- Subject:
- Society and Culture, Media Studies
This introductory chapter argues that architecture can lend legitimacy to the media industry. Using architecture as a delivery mechanism for notions of patriotism, nation building, individual ...
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This introductory chapter argues that architecture can lend legitimacy to the media industry. Using architecture as a delivery mechanism for notions of patriotism, nation building, individual aspiration, education, and moral uplift, the media sought to establish its own authority among its readers and citizens more generally. Beyond their own buildings, the New York media have authored an explicit account of urban space and city living. They established architecture, real estate, and land values as important elements of the news agenda, from which they also stood to gain. Yet this public presence is not without its own set of anxieties. To express the identity of a business graphically or via architecture necessitates the construction of certain fictions about the solidity and single purpose of an entity even when neither is immediately known.Less
This introductory chapter argues that architecture can lend legitimacy to the media industry. Using architecture as a delivery mechanism for notions of patriotism, nation building, individual aspiration, education, and moral uplift, the media sought to establish its own authority among its readers and citizens more generally. Beyond their own buildings, the New York media have authored an explicit account of urban space and city living. They established architecture, real estate, and land values as important elements of the news agenda, from which they also stood to gain. Yet this public presence is not without its own set of anxieties. To express the identity of a business graphically or via architecture necessitates the construction of certain fictions about the solidity and single purpose of an entity even when neither is immediately known.
