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Cyber Law Guide
A Breif History Of Business
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All commerce begins as a simple exchange. You have something
I need or want, I have something you need or want, and each of us is willing to
give up what they have for the other.
Children learn this on the playground early on when
exchanging marbles, toys or other items.
Anthropologists speculate that formal courtship and mating rituals among early
humans started out as business transactions; men – who did most of the hunting -
wanted sex, women wanted meat for themselves and their offspring. Later, this
expanded into other sorts of exchanges: hides for dried food, simple jewelry for
tools and spear points, etc. |
With the development of agriculture
and the concept of private property, commerce became a much
more complex activity. Agriculture resulted in population
growth and the formation of the first urban communities. New
kinds of laws were required to sort it all out. Currency, or
money, was developed as a convenient way to assign values to
a wide range of goods and services, since simple barter
exchanges – depending as they did on a “double coincidence
of wants” – were rarely practical.
For example, suppose I was a furniture
maker and you were a wheelwright. I may need a new wheel for
my delivery wagon – but you may not necessarily need or want
a new table and chairs. Money allowed me to exchange my
furniture for something of recognized value that could be
easily collected and stored, then used in another,
completely different exchange.
The Origins Of Corporations
Corporations were a very early development. As trade
expanded beyond localized areas – as in the case of the
Phoenicians, who maintained trade connections from India to
present-day Britain – the process of trade became too
unwieldy and expensive for one man to deal with.
Even one ship loaded with valuable
goods represented a considerable investment as well as
considerable risk. Early corporations formed for the
purposes of (A) raising more capital for business ventures
that any one man could raise on his own, and (B) spreading
the potential losses so no one individual took the brunt of
a liability. Therefore, an association of Phoenician
merchants could pool their investments to purchase multiple
ships and cargoes, secure in the knowledge that the
inevitable loss of one or two ships would not be
catastrophic for the investors (lives of the captains and
crews notwithstanding).
This relatively simple type of corporate structure continued
to be used through Roman times. Typically, these were not
permanent organizations however, but groups of investors
assembled for a specific purpose.
The idea that a group of people could
have an identity separate from that of its individual
members was a concept introduced by the Germanic tribes that
invaded Rome starting in the fourth century of the Common
Era. By the Middle Ages, this concept found its way into
canon law, which held that the Church organization was more
than its members – and that as an organization, it was for
all intents and purposes, immortal.
This, combined with theories and
customs governing the relationship between the organization
(in this case, the Church) and its head (the Pope) laid the
foundation for the basis of modern corporate law and
structures.
You now have a rough knowledge of business incorporation &
history that will start off your incorporating knowledge.
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