The Corporation, New Governance, and the Power of the Publicization Narrative

39 Pages Posted: 1 Dec 2014 Last revised: 31 May 2018

See all articles by Fenner L. Stewart

Fenner L. Stewart

University of Calgary, Faculty of Law

Abstract

The Corporation, New Governance, and the Power of the Publicization Narrative” takes a critical look at the idea of publicization and how it plays out within new governance. Publicization is a vague, but powerful, notion that the delegation of public power to for-profit agents — what John Braithwaite calls the “privatization of the public” — will lead to such agents exercising this power as idealized public servants — what Braithwaite calls the “publicization of the private.” This article argues that publicization of the private is a dangerous metaphor, which offers a romanticized picture of functionally efficient, decentered actors acting with the integrity of public servants. This article suggests that “publicization of the private” is an empty promise that will lead the faithful to be less critical of privatization. Accordingly, this article suggests that new governance initiatives may be leading to the privatization of the public without the publicization of the private.

Keywords: Corporate Law, New Governance, Decentered, Regulatory Theory

JEL Classification: K01, K02, K04, K12, K22, K30, K42, P1, P16, P17, P110

Suggested Citation

Stewart, Fenner L., The Corporation, New Governance, and the Power of the Publicization Narrative. Indiana Journal of Global Legal Studies, Vol. 21, 2014. Available at SSRN: https://ssrn.com/abstract=2532212 or http://dx.doi.org/10.2139/ssrn.2532212

Fenner L. Stewart (Contact Author)

University of Calgary, Faculty of Law ( email )

Murray Fraser Hall
2500 University Dr. N.W.
Calgary, Alberta T2N 1N4
Canada

Register to save articles to
your library

Register

Paper statistics

Downloads
157
Abstract Views
545
rank
189,440
PlumX Metrics