This paper shows how three new institutionalist theories try, but ulti
mately fail to support the firm-as-individual thesis. First, Marx/Hart
's idea of property rights and Coase/Williamson's notion of transactio
n costs are insufficient to substantiate the market/firm dichotomy. Se
cond, Hayek's constructionist view presents the firm, as opposed to th
e market, as a designed order--no different from artifacts such as tab
les and cars. Third, Vanberg's constitutionalist theory also fails to
support the firm-as-individual thesis. The paper suggests that the 'co
nsented goal' notion is a fruitful ground upon which to build the firm
-as-individual thesis.