Scholarship (Affiliate)

Toward a Knowledge Commons Perspective on the Corporate Form

Abstract

If we take commons to be a kind of institutional arrangement enabling community governance of shared resources, the challenge involved in taking the corporation-as-commons idea forward is to specify what we mean by corporation in this context. We also need to determine who shares the corporation and identify the rules and practices that enable its provision, production, and reproduction in relevant action arenas. This chapter is an attempt to chart this course. Drawing on insights from the literature on the firm, it argues that the firm’s most critical resource is its corporate mask, a special kind of institutional resource provided by the legal system that enables the firm’s members to operate as a singular actor in the legal and commercial spheres. But the corporate mask is not merely a legal construct – the social recognition of the firm as a corporate actor, a reliable business partner, a reputable producer of goods or services, and so on, matter a great deal as well. The corporate mask is a legal and epistemic focal point shared by insiders and third parties with whom the firm contracts and more generally interacts in a network of adjacent action situations.

Read the full piece at SSRN.