バーリ&ミーンズの株式会社論--巨大株式会社規制の理論的根拠をめぐって

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　This paper examines in detail The Modern Corporation and Private Property (1932) by AdolfBerle and Gardiner Means, to show clearly that the essence of their theory concerned thepoint of how to justify social regulation of massive joint-stock corporations.Traditionally, the Berle and Means thesis often has been subjected to the criticism thateven under the “separation of ownership and control” that they discuss management does notact with neutrality. However, consideration of Berle and Means’ analysis in accordance withits logical development shows that their conclusion was not simply a claim that in a jointstockcorporation characterized by “separation of ownership and control” management was apresence that acted from a position of neutrality. Rather, the focus of their theory of the jointstockcorporation was on the logical conclusions, based on positive and theoretical analysis ofthe issue of whether a joint-stock corporation should be managed for the benefit ofshareholders or for the self-interest of management, that a joint-stock corporation should bemanaged for the benefit of society instead, and that appropriate regulation was necessary forthat purpose.
都留文科大学の論文