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Journal ArticleDOI

The Economic History of Corporate Form in Ancient India

TLDR
In this article, the authors examined the economic history and development of the corporate form in Ancient India and found that the use of the sreni was widespread including virtually every kind of business, political and municipal activity.
Abstract
The corporation is the most popular form of business organization. Moreover, as the economies of emerging markets leap forward the popularity of the corporate form continues to grow. In light of its widespread appeal, one is naturally inclined to inquire more about the corporation and how it developed over time. Many questions can be pondered including: where did the corporate form originate; how old is it; has the corporation taken the same form everywhere or have there been local variations; and what are the pre-conditions for the development of the corporate form. All these questions are important not only for their own intrinsic value, but also because of the insights they provide about the development of the corporate sector in emerging markets and about the prospects for convergence, of one kind or another, in corporate governance. Indeed, a series of important papers by Henry Hansmann & Reinier Kraakman and other authors examine these questions both in Rome and in Medieval Europe. The aim of this paper is to explore a number of these questions by examining the economic history and development of the corporate form in Ancient India. The paper finds considerable evidence that urges us toward a significant revision of the history and development of the corporate form. The examination reveals that business people on the Indian subcontinent utilized the corporate form from a very early period. The corporate form (e.g., the sreni) was being used in India from at least 800 B.C., and perhaps even earlier, and was in more or less continuous use since then until the advent of the Islamic invasions around 1000 A.D. This provides evidence for the use of the corporate form centuries before the earliest Roman proto-corporations. In fact, the use of the sreni in Ancient India was widespread including virtually every kind of business, political and municipal activity. Moreover, when we examine how these entities were structured, governed and regulated we find that they bear many similarities to corporations and, indeed, to modern US corporations. The familiar concerns of agency costs and incentive effects are both present and addressed in quite similar ways as are many other aspects of the law regulating business entities. Further, examining the historical development of the sreni indicates that the factors leading to the growth of this corporate form are consistent with those put forward for the growth of organizational entities in Europe. These factors include increasing trade, methods to contain agency costs, and methods to patrol the boundaries between the assets of the sreni and those of its members (i.e., to facilitate asset partitioning and reduce creditor information costs). Finally, examination of the development of the sreni in Ancient India sheds light on the importance of state structure for the growth of trade and the corporate form as well as on prospects for some kind of convergence in corporate governance.

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DissertationDOI

The Nexus Paradox: Legal Personality and the Theory of the Firm

David Gindis
TL;DR: In this article, the authors argue that many thorny questions that plague the literature, including issues related to ownership, boundaries, and intra-firm authority, are due to the fact that contractual theorists of the firm have generally overlooked a key legal feature of the economic system.
Posted Content

Why the Middle East is Economically Underdeveloped: Historical Mechanisms of Institutional Stagnation

TL;DR: In this article, the authors argue that traditional Islamic law remains a factor in the Middle East's ongoing economic disappointments, and the weakness of the region's private economic sectors and its human capital deficiency stand among the lasting consequences of traditional Islamic Law.
Journal ArticleDOI

From Sreni Dharma to global cross-vergence: journey of human resource practices in India

TL;DR: In this paper, the authors provide a brief overview of the roots of human resource assumptions from a historical perspective and consider their relevance to the contemporary contexts of global competitiveness and a cross-verging conceptual model is considered in understanding the dynamics of embedded socio-cultural forces and emerging global challenges.
Journal ArticleDOI

Institutions, social order and wealth in ancient India

TL;DR: This article examined the role of institutions in generating wealth within societal norms of income distribution and the preservation of social order in the Mauryan Empire (322 to 85 BCE) centred on the Indo-Gangetic plains.
Posted Content

Socially Responsible Business in India: Has the Elephant Finally Woken Up to the Tunes of International Trends?

TL;DR: In this paper, the authors examine the two recent Indian initiatives (the National Voluntary Guidelines on Social, Environmental and Economic Responsibilities of Business 2011 and the Companies Bill 2011) aimed at promoting corporate social responsibility (CSR) in India.
References
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Book ChapterDOI

A Theory of Path Dependence in Corporate Ownership and Governance

TL;DR: In this article, the authors developed a theory of path dependence of corporate structure and found that the corporate structures that an economy has at any point in time depend in part on those that it had at earlier times.
Journal ArticleDOI

Optimal Standardization in the Law of Property: The Numerus Clausus Principle

TL;DR: The numerus clausus principle has been used in the common law to reduce third-party information costs as discussed by the authors, and it has been argued that the principle serves throughout the law of property to reduce the costs of frustrating parties' objectives.

Merchant Law in a Merchant Court: Rethinking the Code’s Search for Immanent Business Norms

TL;DR: In this article, the authors present a case study of the private legal system created by the National Grain and Feed Association to resolve contract disputes among its members, and find that despite their industry expertise, arbitrators are reluctant to look to these indicia of immanent business norms.
Journal ArticleDOI

Limiting Contractual Freedom in Corporate Law: The Desirable Constraints on Charter Amendments

TL;DR: In this paper, the authors take issue with the increasingly influential view that companies should be completely free to opt out of corporate law rules by adopting appropriate charter provisions, and argue that the contractual view of the corporation, on which supporters of free opting out rely, offers substantial reasons for placing limits on opting out.
MonographDOI

The beginnings of accounting and accounting thought : accounting practice in the Middle East (8000 B.C. to 2000 B.C.) and accounting thought in India (300 B.C. and the Middle Ages)

TL;DR: The 10,000 year-old history of accounting is traced back to the Sumerian token accounting and token-envelope accounting (the latter of the 4th millennium BC). Small clay tokens inside a clay envelope stood for individual assets while the impressions of those tokens on the surface of the envelope represented the totality of the corresponding equity as mentioned in this paper.
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