A Multi-level Approach to Legal Intermediation: The Case of the 12-Hour Work Derogation in French Public Hospitals

Legal Intermediation

ISBN: 978-1-83867-860-9, eISBN: 978-1-83867-859-3

ISSN: 1059-4337

Publication date: 22 October 2019

Abstract

Adopting an intra-organizational viewpoint is essential to grasp legal intermediation. To deepen our understanding of such phenomena, this chapter proposes a qualitative and “multi-level” approach drawing on insights from the neo-institutional literature, policy ethnography analysis and the research on legal intermediaries. Such a perspective is particularly suited to capture the complexity and the depth of institutional change. Using the 12-hour work legal mechanism of derogation in the context of French public hospitals as an example, this chapter highlights how both macro-level actors (actors of a “reform network”), and micro-level ones (hospital directors) contribute to the shaping and framing of legality in French public hospitals. Results show that variation in how those actors use law depends on the local configuration. Second, results demonstrate that the legal games they play are not merely based on symbolic and superficial compliance with the law, but also on outright manipulations and conscious rule-breaking.

Keywords

Acknowledgements

Acknowledgments

I would like to sincerely thank the anonymous reviewer of Studies, as well as the three editors of the issue, Sebastian Billows, Lisa Buchter and Jérôme Pélisse for their advice, comments and proofreading of the different versions of this chapter.

Citation

Vincent, F. (2019), "A Multi-level Approach to Legal Intermediation: The Case of the 12-Hour Work Derogation in French Public Hospitals", Legal Intermediation (Studies in Law, Politics, and Society, Vol. 81), Emerald Publishing Limited, pp. 69-99. https://doi.org/10.1108/S1059-433720190000081004

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Emerald Publishing Limited

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