The Technology and Archeology of Corporate Law
43 Pages Posted: 16 Aug 2018 Last revised: 23 Feb 2020
Date Written: August 16, 2018
Some answers to pressing problems in modern corporate law come from the past. Archeology of corporate law excavates ancient laws and language in order to illuminate salient issues in contemporary and future corporate debates. This Article employs an archeological approach to corporate law by analyzing three intertwining legal and organizational technologies. First, it sheds light on the origins and nature of legal personhood and on fundamental questions about the rights of business corporations, such as free exercise of religion. Second, it discusses separation of ownership and control as the feature that constitutes the essential formula of the business corporation model. Third, this Article explores use of artificial intelligence to assist, integrate, or replace human directors.
Keywords: corporate law, corporate governance, legal personhood, legal personality, ancient law, roman law, artificial intelligence, directors, archeology, technology, separation of ownership, control
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