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Chapter

Robert Hessen (1983), 'The Modern Corporation and Private Property: A Reappraisal', 26, Journal of Law and Economics, pp. 273-89.

Chapter

Robert Hessen (1983), 'The Modern Corporation and Private Property: A Reappraisal', 26, Journal of Law and Economics, pp. 273-89.

DOI link for Robert Hessen (1983), 'The Modern Corporation and Private Property: A Reappraisal', 26, Journal of Law and Economics, pp. 273-89.

Robert Hessen (1983), 'The Modern Corporation and Private Property: A Reappraisal', 26, Journal of Law and Economics, pp. 273-89. book

Robert Hessen (1983), 'The Modern Corporation and Private Property: A Reappraisal', 26, Journal of Law and Economics, pp. 273-89.

DOI link for Robert Hessen (1983), 'The Modern Corporation and Private Property: A Reappraisal', 26, Journal of Law and Economics, pp. 273-89.

Robert Hessen (1983), 'The Modern Corporation and Private Property: A Reappraisal', 26, Journal of Law and Economics, pp. 273-89. book

Edited ByJustin O'Brien
BookCorporate Business Responsibility

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Edition 1st Edition
First Published 2009
Imprint Routledge
Pages 18
eBook ISBN 9781315259291

ABSTRACT

The typical business unit of the 19th century was owned by individuals or small groups; was managed by them or their appointees; and was, in the main, limited in size by the personal wealth of the individuals in control. These units have been supplanted in ever greater measure by great aggregations in which tens and even hundreds of thousands of workers[,] and property worth hundreds of millions of dollars, belonging to tens and even hundreds of thousands of individuals, are combined through the corporate mechanism into a single producing organization under unified control and management. 8

When Adam Smith talked of "enterprise" he had in mind as the typical unit the small individual business in which the owner, perhaps with the aid of a few apprentices or workers, labored to produce goods for market or to carry on commerce. Very emphatically he repudiated the stock corporation as a business mechanism, holding that dispersed ownership made efficient operation impossible .... Yet when we speak of business enterprise today, we must have in mind primarily these very units which seemed to Adam Smith not to fit into the principles ... he was laying down for the conduct of economic activity. 9

Neither the claims of ownership nor those of control can stand against the paramount interests of the community .... Rigid enforcement of property rights as a temporary protection against plundering by control would not stand in the way of the modification of these rights in the interest of other groups. When a convincing system of community obligations is worked out and is generally accepted, in that moment the passive property right of today must yield before the larger interests of society .... It is conceivable-indeed it seems almost essential if the corporate system is to survive,-that the "control" of the great corporations should develop into a purely neutral technocracy, balancing a variety of claims by various groups in the community and assigning to each a portion of the income stream on the basis of public policy rather than private cupidity. 16

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