Abstract
When members of a firm make firm-specific investments they will earn rents. Potential rent-seeking on the part of the owner of the firm and other employees reduces the value of an employee's firm-specific investment and, as a result, reduces the level of those investments. In this context the firm can be thought of as a set of interdependent relationships where the actions of any one individual can affect the rents of all others. The owner of the firm will desire to set up an institutional arrangement to protect the individual's property rights in specific investments as part of his effort to maximize profit. Establishing this institutional arrangement is similar to the establishment of a constitution by the state or other organization. This constitution protects the property rights of the members of the firm and as a result encourages the creation of property, that is, the firm-specific investments. The constitution of a firm consists of a set of interdependent explicit and implicit contracts between the firm and its various members, as well as mechanisms for enforcing and monitoring these contracts.
As a practical matter, it is obvious that workers normally do not enjoy costless or near-costless mobility, and thus an ordinary “at will” employment contract may no longer be sufficient to induce workers to join a firm. If, in order to function productively within an enterprise, individuals have to accumulate, and pay for, firm-specific capital assets, the simple neoclasical logic fails (Furubotn, 1988: 167).
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References
Boudreaux, D.J. and Holcombe, R.G. (1989). Government by contract. Public Finance Quarterly 17 (July): 264–280.
Buchanan, J.M. and Tullock, G. (1962). The calculus of consent. Ann Arbor: University of Michigan Press.
Coase, R.H. (1937). The nature of the firm. Economica 4 (November): 386–405.
Coase, R.H. (1988). Lecture 1. The nature of the firm: Origin. Journal of Law, Economics and Organization 4 (Spring): 3–17.
Coase, R.H. (1988), Lecture 3. The nature of the firm: Influence. Journal of Law, Economics and Organization 4 (Spring): 33–47.
Furobotn, E.G. (1988). Codetermination and the modern theory of the firm: A property rights analysis. Journal of Business 61 (April): 165–181.
Gifford, A. Jr. and Kenney, R.W. (1986). The production of information through labor market contests. Journal of Law, Economics and Organization 2 (Fall): 305–313.
Gifford, A. Jr. and Kenney, R.W. (1989). Tournaments and the production of information. Unpublished manuscript.
Grossman, S.J. and Hart, O.D. (1986). The costs and benefits of ownership: A theory of vertical and lateral integration. Journal of Political Economy 94 (August): 691–719.
Klein, B. (1988). Vertical integration as organizational ownership: The Fisher Body — General Motors relationship revisited. Journal of Law, Economics and Organization 4 (Spring): 199–213.
Klein, B., Crawford, R.G. and Alchian, A.A. (1978). Vertical integration, appropriable rents, and the competitive contracting process. Journal of Law and Economics 21 (October): 297–326.
Klein, B. and Leffler, K.B. (1981). The role of market forces in assuring contractual performance. Journal of Political Economy 89 (August): 615–641.
McDonald, F. (1985). Novus Ordo Seclorum: The intellectual origins of the Constitution. Lawrence, KS: University Press of Kansas.
Milgrom, P.R. (1988). Employment contracts, influence activities, and efficient organization design. Journal of Political Economy 96 (February): 42–60.
Prescott, E.C. and Visscher, M. (1980). Organization capital. Journal of Political Economy 88 (June): 446–461.
Rosen, S. (1988). Transaction costs and internal labor markets. Journal of Law, Economics, and Organization 4 (Spring): 49–64.
Williamson, O.E. (1979). Transaction-cost economies: The governance of contractual relations. Journal of Law and Economics 22 (October): 233–261.
Winter, S.G. (1988). On Coase, competence, and the corporation. Journal of Law, Economics, and Organization 4 (Spring): 163–180.
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Gifford, A. A constitutional interpretation of the firm. Public Choice 68, 91–106 (1991). https://doi.org/10.1007/BF00173821
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DOI: https://doi.org/10.1007/BF00173821