ABSTRACT

The theoretical work which is referred to in this book broadly falls into two camps, socio-legal scholarship and contractarianism. Socio-legal scholars understand the law to be an expression of social processes which can include class, culture, ideology politics and the (political) economy. They contend that company law is a reflection of a particular social dynamic, rather than an internally generated legal process. Socio-legal scholarship in its different forms tends to bring a critical and radical approach to the study of law. Many scholars in this tradition would advance as a broad aim the need to change society to serve a social or humanist ends. Accordingly, socio-legal scholarship is a minority perspective today as it is at odds with the current political allegiances to the free market.