JOURNAL ARTICLE
Corporate Personhood and Fiduciary Duties as Critical Constructs in Developing Stakeholder Management Theory and Corporate Purpose.
Published In: Strategy Science (INFORMS), 2023, v. 8, n. 2. P. 212 1 of 3
Database: Business Source Ultimate 2 of 3
Authored By: MAHONEY, JOSEPH T. 3 of 3
Abstract
This article examines the concept of corporate personhood as a foundational framework for understanding economic value creation in joint production, contrasting it with the dominant "nexus of contracts" view that treats corporations merely as contractual aggregations of self-interested parties. Corporate personhood, recognized legally as the corporation's status as a separate legal entity, supports stewardship, stakeholder management, and fiduciary duties through a governance structure led by a board of directors acting as disinterested trustees for the corporation as a whole. This approach emphasizes the corporation's role in fostering cooperation, firm-specific investments, and long-term institutional stability by mediating stakeholder interests and reducing rent seeking, thereby enabling joint value creation beyond minimizing agency costs. The article argues that corporate personhood provides a richer, multidimensional understanding of corporate governance and purpose, integrating legal, economic, and organizational perspectives to better reflect the corporation's social and economic functions.
Additional Information
- Source:Strategy Science (INFORMS). 2023/06, Vol. 8, Issue 2, p212
- Document Type:Article
- Subject Area:History
- Publication Date:2023
- ISSN:2333-2050
- DOI:10.1287/stsc.2023.0191
- Accession Number:182962471
- Copyright Statement:Copyright of Strategy Science (INFORMS) is the property of INFORMS: Institute for Operations Research & the Management Sciences and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
Looking to go deeper into this topic? Look for more articles on EBSCOhost.