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"Preface" [2014] ELECD 572; in Shishido, Zenichi (ed), "Enterprise Law" (Edward Elgar Publishing, 2014) x

Book Title: Enterprise Law

Editor(s): Shishido, Zenichi

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781004449

Section Title: Preface

Number of pages: 3

Extract:

Preface
"How does law matter?" is a tough question for lawyers to answer,
although they are experts in answering the question, "What is the cause
and effect of this particular law?" A few attempts to answer the first ques-
tion have been made by economists, even without having any expertise on
the second question.
Thousands of comparative law studies which focus on specific sub-
jects of law have been conducted by academic lawyers, particularly with
respect to Japanese and United States laws. However, very few of them
have argued about how different laws affect practices in different envi-
ronments, such as markets and social norms. Also very few of them have
taken into consideration the interrelationship between different areas of
law.
This book grew out of an attempt to gain a better understanding of how
law as a whole matters to enterprise. The title of this book, Enterprise Law,
covers many areas of law that affect the practice of business enterprises.
The challenge of our attempt is to draw the whole picture of enterprise law
and to show how enterprise law affects practice together with the markets
and social norms of each region.
As an analytical framework, we choose the incentive analysis of
economics. We take the enterprise (or firm) as an incentive mechanism
between the four indispensable capital providers of the firm: management
and employees as the human capital providers, and creditors and share-
holders as the monetary capital providers (the "four players"). Our view is
that the four ...