Shawn Bayern – författare

The law-and-economics movement remains a dominant force in American private law, even though courts and commentators recognize that many of its assumptions are implausible and that efficiency is not the law's only goal. This book adds to the debate by showing that many leading law-and-economics arguments fail on their own terms, even for those who accept their most important assumptions and goals. Adopting an analytical approach and using some law-and-economics methods against the leading arguments in that field, Shawn Bayern shows that economic thinking fails to explain or justify most rules in the common law. Bayern masterfully surveys leading law-and-economics arguments in tort, contract, and property law and shows them to be fragile, self-contradictory, or otherwise problematic. Those who accept that efficiency is important should not be persuaded by the kind of law-and-economics arguments that have remained in vogue among legal scholars for decades.

The law-and-economics movement remains a dominant force in American private law, even though courts and commentators recognize that many of its assumptions are implausible and that efficiency is not the law's only goal. This book adds to the debate by showing that many leading law-and-economics arguments fail on their own terms, even for those who accept their most important assumptions and goals. Adopting an analytical approach and using some law-and-economics methods against the leading arguments in that field, Shawn Bayern shows that economic thinking fails to explain or justify most rules in the common law. Bayern masterfully surveys leading law-and-economics arguments in tort, contract, and property law and shows them to be fragile, self-contradictory, or otherwise problematic. Those who accept that efficiency is important should not be persuaded by the kind of law-and-economics arguments that have remained in vogue among legal scholars for decades.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Providing critical insights on the development of laws governing business organizations, including both general and limited partnerships, corporations, and limited liability companies (LLCs), Shawn Bayern expertly introduces and analyzes the modern forms of US business organizations. With particularly in-depth coverage of the common law of agency and important changes within the field, he emphasizes the range and flexibility of modern business forms. Bayern’s evaluation is critical and analytical, while still being an approachable introduction to a complex legal field.Key Features:Incorporates significant material on small, ‘closely held’ corporations and LLCsTakes a modern and functional approach to the subject of business organizationsExplores popular misconceptions surrounding business law and encourages readers to evaluate and critique existing legal doctrines and statutesThis Advanced Introduction to Business Organizations is an invaluable resource for law students and researchers in the fields of corporate, company, and business law and governance. Business and economics students will also find this book beneficial to aid their understanding of a variety of US organizations and the nuances of the laws applicable to them.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.

Providing critical insights on the development of laws governing business organizations, including both general and limited partnerships, corporations, and limited liability companies (LLCs), Shawn Bayern expertly introduces and analyzes the modern forms of US business organizations. With particularly in-depth coverage of the common law of agency and important changes within the field, he emphasizes the range and flexibility of modern business forms. Bayern’s evaluation is critical and analytical, while still being an approachable introduction to a complex legal field.

Key Features:

Incorporates significant material on small, ‘closely held’ corporations and LLCsTakes a modern and functional approach to the subject of business organizationsExplores popular misconceptions surrounding business law and encourages readers to evaluate and critique existing legal doctrines and statutes

This Advanced Introduction to Business Organizations is an invaluable resource for law students and researchers in the fields of corporate, company, and business law and governance. Business and economics students will also find this book beneficial to aid their understanding of a variety of US organizations and the nuances of the laws applicable to them.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Providing critical insights on the development of laws governing business organizations, including both general and limited partnerships, corporations, and limited liability companies (LLCs), Shawn Bayern expertly introduces and analyzes the modern forms of US business organizations. With particularly in-depth coverage of the common law of agency and important changes within the field, he emphasizes the range and flexibility of modern business forms. Bayern’s evaluation is critical and analytical, while still being an approachable introduction to a complex legal field.Key Features:Incorporates significant material on small, ‘closely held’ corporations and LLCsTakes a modern and functional approach to the subject of business organizationsExplores popular misconceptions surrounding business law and encourages readers to evaluate and critique existing legal doctrines and statutesThis Advanced Introduction to Business Organizations is an invaluable resource for law students and researchers in the fields of corporate, company, and business law and governance. Business and economics students will also find this book beneficial to aid their understanding of a variety of US organizations and the nuances of the laws applicable to them.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Providing critical insights on the development of laws governing business organizations, including both general and limited partnerships, corporations, and limited liability companies (LLCs), Shawn Bayern expertly introduces and analyzes the modern forms of US business organizations. With particularly in-depth coverage of the common law of agency and important changes within the field, he emphasizes the range and flexibility of modern business forms. Bayern's evaluation is critical and analytical, while still being an approachable introduction to a complex legal field.Key Features:Incorporates significant material on small, 'closely held' corporations and LLCsTakes a modern and functional approach to the subject of business organizationsExplores popular misconceptions surrounding business law and encourages readers to evaluate and critique existing legal doctrines and statutesThis Advanced Introduction to Business Organizations is an invaluable resource for law students and researchers in the fields of corporate, company, and business law and governance. Business and economics students will also find this book beneficial to aid their understanding of a variety of US organizations and the nuances of the laws applicable to them.

Under current business law, it is already possible to give legal personhood, or a very close surrogate of it, to software systems of any kind (from a simple automated escrow agent to a more hypothetical, truly smart artificial intelligence). This means that, for example, robots could enter into contracts, serve as legal agents, or own property. Ultimately, entire companies could actually be run by non-human agents. This study argues that this is not as scary as it might sound at first. Legal theorist and noted software developer Shawn Bayern argues that autonomous or zero-person organizations offer an opportunity for useful new types of interactions between software and the law. This creative contribution to the theory and practice of law and technology explores the social and political aspects of these new organizational structures and their implications for legal theory.

Under current business law, it is already possible to give legal personhood, or a very close surrogate of it, to software systems of any kind (from a simple automated escrow agent to a more hypothetical, truly smart artificial intelligence). This means that, for example, robots could enter into contracts, serve as legal agents, or own property. Ultimately, entire companies could actually be run by non-human agents. This study argues that this is not as scary as it might sound at first. Legal theorist and noted software developer Shawn Bayern argues that autonomous or zero-person organizations offer an opportunity for useful new types of interactions between software and the law. This creative contribution to the theory and practice of law and technology explores the social and political aspects of these new organizational structures and their implications for legal theory.

Under current business law, it is already possible to give legal personhood, or a very close surrogate of it, to software systems of any kind (from a simple automated escrow agent to a more hypothetical, truly smart artificial intelligence). This means that, for example, robots could enter into contracts, serve as legal agents, or own property. Ultimately, entire companies could actually be run by non-human agents. This study argues that this is not as scary as it might sound at first. Legal theorist and noted software developer Shawn Bayern argues that autonomous or zero-person organizations offer an opportunity for useful new types of interactions between software and the law. This creative contribution to the theory and practice of law and technology explores the social and political aspects of these new organizational structures and their implications for legal theory.

Under current business law, it is already possible to give legal personhood, or a very close surrogate of it, to software systems of any kind (from a simple automated escrow agent to a more hypothetical, truly smart artificial intelligence). This means that, for example, robots could enter into contracts, serve as legal agents, or own property. Ultimately, entire companies could actually be run by non-human agents. This study argues that this is not as scary as it might sound at first. Legal theorist and noted software developer Shawn Bayern argues that autonomous or zero-person organizations offer an opportunity for useful new types of interactions between software and the law. This creative contribution to the theory and practice of law and technology explores the social and political aspects of these new organizational structures and their implications for legal theory.

Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.Taking stock of the quiet revolution that has taken place in the field of organizational law over the last few decades, this erudite Research Agenda presents a critical overview of the current state of organizational law and explores the increasingly flexible structures and capabilities of modern organizations. Explaining and evaluating new possibilities in modern organizational law, the book demonstrates that legal organizations are much more generative than widely recognized, with the capacity to enable new configurations that combine several legal transactional techniques. Chapters consider the implications of this flexibility for monitoring, regulation, and reform, examine the effects of modern transactional creativity on the rest of the legal system, suggest how organizational statutes might be harmonized, introduce non-traditional uses of modern organizations like LLCs, and propose novel ways to regulate organizations. The book ultimately highlights that the formlessness and adaptability of modern legal organizations is the foundation for a significant body of future research on the evolving role of legal entities. This path-breaking Research Agenda will prove invaluable to academics and students of company law, partnership law, and agency law, as well as transactional lawyers and analysts of organizations in other fields. Its extensive critical analysis will benefit all those who use, study, and regulate modern legal organizations.