3 - The Corporation and the EU Social Market Economy

Summary

The US is often placed within a liberal-utilitarian model and the EU is often positioned within a social model. In corporate law theory, this distinction is presented as contractarianism versus communitarianism. The latter has traditionally represented the EU’s approach to corporate regulation, while the former represents the US approach. Rather than adhere to such neat divisions and other binary choices such as regulatory models versus voluntarist models such as the corporate social responsibility model, this chapter argues that the true resolution of difficulties associated with capitalism lies in the development of a new theoretical framework driven by an ethical challenge to those acting behind the corporate veil or under its shadow. This chapter exhorts that if we move on from binary divisions and present a meaningful ethical challenge to corporate actors such as shareholders and management, we can ensure better outcomes.