The Corporate Form as a Solution to a Discursive Dilemma

Authors

Edward B. Rock, University of Pennsylvania Carey Law SchoolFollow

Document Type

Article

Publication Date

10-10-2005

Abstract

I examine the connection between the discursive dilemma and corporate law. The discursive dilemma (or doctrinal paradox) is a distinctive social choice problem that was first identified by Kornhauser and Sager and later used as the basis for a theory of organizational personality by Pettit. I examine the ways in which the corporate form prevents the emergence of the discursive dilemma in the firm context and the extent to which the presence of the discursive dilemma can provide the foundation for a theory of corporate personality.

Keywords

discursive dilemma and corporate law, doctrinal paradox, corporate personality

Publication Title

Journal of Institutional and Theoretical Economics

Publication Citation

162 J. Institutional & Theor. Econ. 57 (2006)

Repository Citation

Rock, Edward B., "The Corporate Form as a Solution to a Discursive Dilemma" (2005). All Faculty Scholarship. 80.
https://scholarship.law.upenn.edu/faculty_scholarship/80