Some answers to pressing problems in modern corporate law come from the past. Archeology of corporate law excavates ancient laws and language in order to illuminate salient issues in contemporary and future corporate debates. This Article employs an archeological approach to corporate law by analyzing three intertwining legal and organizational technologies. First, it sheds light on the origins and nature of legal personhood and on fundamental questions about the rights of business corporations, such as free exercise of religion. Second, it discusses separation of ownership and control as the feature that constitutes the essential formula of the business corporation model. Third, this Article explores use of artificial intelligence to assist, integrate, or replace human directors.
Some answers to pressing problems in modern corporate law come from the past. Archeology of corporate law excavates ancient laws and language in order to solve salient issues in contemporary and future corporate debates. This Article employs archeology of corporate law to analyze three intertwining legal and organizational technologies. First, it sheds light on the origins and nature of legal personhood and on fundamental questions about the rights of business corporations. Second, it discusses separation of ownership and control as the feature that, together with legal personhood, constitutes the essential formula of the business corporation model. Last, this Article explores artificial intelligence in boardrooms to assist, integrate or replace human directors.
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