Hurly-Berle - Corporate Governance, Commercial Profits, and Democratic Deficits
Bibliographic record
Abstract
Although Berle and Means’s work was intended to redirect the governance of corporate affairs away from furthering private cupidity and toward advancing public policy, their insights have done more harm than good; they have tended to reinforce the primacy of private cupidity or, perhaps more accurately, allowed subsequent theorists to prefer the pursuit of private cupidity by equating it with the development of public policy. This is not only unfortunate, but also unnecessary. Although Berle and Means’s The Modern Corporation forms the bedrock of the prevailing paradigm in corporate law and governance, it also contains some very suggestive materials from which to construct an alternative and more democratic way of proceeding that actually subverts and transforms the established model. This Article seeks both to celebrate The Modern Corporation, but also to lament the enduring influence of its received understanding on corporate law scholarship and practice. If The Modern Corporation is to avoid becoming “defunct” and remain relevant to contemporary ideas and practice, it must be more as a conceptual corrective and less as a traditional prop for the prevailing paradigm of corporate governance. After offering a different and more democratic inspired reading of The Modern Corporation the Article examines how it might be feasible to move from the present situation of corpocracy to a future milieu of democracy. Finally, the Article lays out the main features of a democratic agenda for reforming corporate governance.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.004 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.004 | 0.011 |
| Scholarly communication | 0.006 | 0.005 |
| Open science | 0.000 | 0.003 |
| Research integrity | 0.003 | 0.003 |
| Insufficient payload (model declined to judge) | 0.009 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".