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Full-Text Articles in Law
The Politics Of Common Law In Theory And History, Ian Duncanson
The Politics Of Common Law In Theory And History, Ian Duncanson
Osgoode Hall Law Journal
This paper is concerned with the theme of law as an outsider, in theory and practice, and with its appearance as the cohesive force which intervenes to make social order possible. In the first part of the paper I look at two legal theories and at two examples of what I take to be liberal historiography. In the second part I discuss the English common law, and the implications of its close association with agrarian capitalism and City of London finance.
Minority Shareholder Rights In Canada And England: 1860-1987, Jeffrey G. Macintosh
Minority Shareholder Rights In Canada And England: 1860-1987, Jeffrey G. Macintosh
Osgoode Hall Law Journal
This article reviews the changing relationship between majority and minority shareholders over approximately the past century and a quarter. In the last century and the early part of this century, company law in Canada and England was built on a foundation of majoritarianism, which was sometimes applied over-zealously by the courts to the detriment of minority shareholders. This majoritarianism has slowly yielded over time, however, to a greater concern for the position of minority shareholders. It is still not clear if controlling shareholders owe fiduciary duties at common law either to the company or to other shareholders. However, the courts …