The origins of American corporatism in the Stuart age

Thesis

This is the study of the corporation as it was transplanted to colonial Virginia, Massachusetts, and New York in the Stuart age. The ability of this evolving legal form to provide a combination of increasing legal certainty and practical flexibility, proved an appealing combination to protect and promote a range of evolving local private interests in unique colonial circumstances. In the same way, the corporate form was able to facilitate and fulfill certain political and economic interests of the metropolitan government, including for example, the personal interests of the Crown. The empirical basis of this thesis comprises a close examination, comparison, and contextualization of these terms of incorporation used in each of Virginia, Massachusetts, and New York from the time of James I to Anne. These terms become both increasingly formulaic in their grant of core elements, and reflective of their particular environment through the ancillary rights and privileges conveyed. The distinctive interplay between these evolving interests is evidenced through the evolving uses and terms of incorporation. This ability of the corporation to adapt to, and reflect its novel environment presents a fresh perspective on the legal history of the colonies as well as the genesis of the Anglo-American corporation.

Authors: Gillis, M

• DOI: 10.5287/ora-ova5djxgr
• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford