Corporate Law, Private Law and Instrumentalism

Lloyd’s Maritime and Commercial Law Quarterly, 541-574, 2015

University of Hong Kong Faculty of Law Research Paper No. 2015/052

58 Pages Posted: 9 Jan 2016 Last revised: 5 Apr 2016

See all articles by Ernest Lim

Ernest Lim

National University of Singapore (NUS) - Faculty of Law

Date Written: May 1, 2015

Abstract

This article seeks to enrich our understanding of corporate law and private law. Deploying insights from the rights-based analysis in private law, this article argues that corporate law, in its instrumentalist conception, is unable to properly account for a defining feature of private law disputes, its bipolar structure consisting of the correlative and personality elements. Through a critical examination of certain corporate law cases, this article shows that the rejection of instrumentalist considerations by the rights-based thesis is unwarranted; it demonstrates how judges in private law disputes can accommodate instrumentalist considerations in a structured, coherent and restrained fashion.

Keywords: Corporate law; private law; instrumentalism; rights

Suggested Citation

Lim, Ernest, Corporate Law, Private Law and Instrumentalism (May 1, 2015). Lloyd’s Maritime and Commercial Law Quarterly, 541-574, 2015; University of Hong Kong Faculty of Law Research Paper No. 2015/052. Available at SSRN: https://ssrn.com/abstract=2711815

Ernest Lim (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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