Tuesday, January 1, 2008
Does corporate law seem to be particularly sterile and devoid of human interest? Maybe so. In No Imagination: The Marginal Role of Narrative in Corporate Law, 55 Buff. L. Rev 537, 541 (2007), Michigan State Prof. Mae Kuykendall considers that question: "The discourse generated by the corporation is imperturbable and thus immune to the intervention of other discourses that attract human interest. Yet it is a product of human activity and human genius, is powerful and functional, and gives clear direction to certain aspects of life. It is ours. These observations support a conclusion that reforms aimed at the production of a large narrative about the corporation or of specific narratives are fruitless. Corporate law is abstract, because its subject is not readily reducible to human stories."
Perhaps that is why appellate briefs--and judicial opinions--dealing with issues of corporation law are often so dull.