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Article
Publication date: 30 March 2007

Ian Snaith

To study the legal underpinnings of the definition of social enterprise in the context of the problems with the corporate legal structures available in the UK in the late…

Abstract

Purpose

To study the legal underpinnings of the definition of social enterprise in the context of the problems with the corporate legal structures available in the UK in the late twentieth century and the reforms of the early twenty first century to assess whether further reforms are needed to facilitate the growth of the social enterprise movement.

Design/methodology/approach

A definition of social enterprise is proposed and examined in light of the problems associated with twentieth century company law and the efforts to reform and develop it in the period, 2000‐2006.

Findings

Three major developments may be seen to have important consequences for the continuing reform and development of company law: the Industrial and Provident Societies Act 2002 (Office of Public Sector Information 2002a) (private members bill); the Co‐operatives and Community Benefit Societies Act 2003 (Office of Public Sector Information 2003) (private members bill); the PIU Report “Private Action, Public Benefit” (Cabinet Office/Strategy Unit 2002) and the resulting Companies (Audit, Investigations and Community Business) Act 2004 (Office of Public Sector Information 2004); and the Charities Act 2006 (Office of Public Sector Information 2006). Refers also to other developments impacting on company law, notably the European Co‐operative Society’s European Co‐operative Society Statute (SCE) Regulation and Directive.

Originality/value

Provides a useful guide to UK legal trends likely to impact on social enterprises.

Book part
Publication date: 4 July 2019

Dmitry A. Lipinsky, Victoria V. Bolgova, Aleksandra A. Musatkina and Tatiana V. Khudoykina

The purpose of the research is to determine the essence and notion of economic violation of law and their varieties, and to determine the reasons that lie in the basis of this…

Abstract

The purpose of the research is to determine the essence and notion of economic violation of law and their varieties, and to determine the reasons that lie in the basis of this negative social phenomenon. The authors use the philosophical law of integrity and struggle of contradictions and rather-legal, historical and legal, and formal and legal methods of scientific cognition. Such laws of dialectics and transition of quantitative changes into qualitative changes, negation of negation, and others are used. Signs and types of economic violations of law are analyzed and their predetermination by the conflict character of economic relations is noted. Comparison of economic violations of law that are peculiar for administrative and market models of economy is performed. The universal character of economic relations as objects of legal protection is shown. Classification of economic violations of law, based on the level of their public danger and spheres of distribution, is provided. Special attention is paid to civil and legal violations of law as a variety of economic violations of law, based on not anti-social settings of the subject but conflict with the borrowed system of values, which is alien to most members of society. The notion “economic violation of law” is of the collective character and includes illegal actions regarding economic relations, and the latter are of the conflict character due to different interests of subjects, the existing competition, and striving for obtaining profit. Economic violation of law is an illegal form of solving the existing conflict, which leads to application of measures of legal responsibility. The causes of economic violations of law could be overcome by implementation of the values and ideals of justice in the legal norms. They should be based on historical, cultural, spiritual, and legal traditions. All that is imposed artificially is destined for rejection and creation of new conflicts, including economic violations of law.

Book part
Publication date: 27 March 2006

Randy Lippert

Through an analysis of texts and interviews with sanctuary providers from sanctuary incidents in Canada, this paper first details how sanctuary is made possible by pastoral and…

Abstract

Through an analysis of texts and interviews with sanctuary providers from sanctuary incidents in Canada, this paper first details how sanctuary is made possible by pastoral and non-state sovereign powers. It then argues at least three stories of law are instantiated in sanctuary discourse. Law is at times arbitrary and unpredictable. In other instances, a ‘higher’ law authorizes sanctuary. Law is also a broader game in which lawyers are relied upon and sanctuary becomes a tactic to ‘win’. These legal narratives work together to constitute sanctuary and are instantiations of pastoral and sovereign powers at the level of the subject.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-387-7

Book part
Publication date: 28 March 2022

George Pavlich

This chapter studies a political rationale by which colonial law forged socially assigned individuals as criminally accused persons. Focussing on archived documents of a

Abstract

This chapter studies a political rationale by which colonial law forged socially assigned individuals as criminally accused persons. Focussing on archived documents of a preliminary examination that took place in 1883 in the North West Territories (now Alberta), it highlights how an accused person was moulded as a culpable individual. Arranged by a justice of the peace, and member of the North West Mounted Police, the investigation in this case reveals how colonial law unleashed an individualising force that obscured power relations behind the settlement it aimed to further. The unequal ways in which certain distinctions of person were legally recognised and individualised may be traced to long-standing western uses of social hierarchies as ‘masks’ from which law unequally recognised persons. Challenging such approaches to personhood, the analysis works off Naffine’s ‘legalistic’ ideas of persons as fictions, calling for a retelling of the fictions around accused persons. By pointing out the possibility of accusing relational rather than individual constructions, it concludes with a brief insinuation of legal forms directed at ‘collective persons’, interrupting a key political logic of colonial criminal law with allied promises of social justice beyond colonisation.

Article
Publication date: 13 November 2009

Wim Van Opstal, Eva Deraedt and Caroline Gijselinckx

The sector of work integration social enterprises (WISEs) has grown considerably all across Europe during the last few decades. Unfortunately, many governments do not have a clear…

Abstract

Purpose

The sector of work integration social enterprises (WISEs) has grown considerably all across Europe during the last few decades. Unfortunately, many governments do not have a clear sight on the profile of WISEs they are supporting. The purpose of this paper is to provide a detailed profile of WISEs in Flanders and identify shifts and differences within and between WISE work forms.

Design/methodology/approach

Data are utilized from a newly designed monitoring instrument to capture the profile of WISEs in Flanders (Belgium). This paper discusses some methodological issues in using administrative data to monitor this sector, and present a profile at the enterprise level and at the worker level. Parametric and nonparametric tests are applied to assess the significance of profile shifts and differences within this sector.

Findings

One of the dominant features of the analysis has been the identification of profound differences that can be observed between the work forms and the slighter differences that are observed within the work forms while comparing start‐ups to their mature counterparts. Therefore, it might be concluded that the policy framework on the social insertion economy as it currently exists in Flanders has a strong regulative impact on the WISEs in Flanders. This impact translates itself through differences in the profile of enterprises, as well as differences in the profile of the target group workers they employ.

Originality/value

A dataset combining administrative data are created to estimate enterprise and target group worker profiles in this sector. The discussion on methodological aspects involved contributes to the literature on monitoring this sector.

Details

Social Enterprise Journal, vol. 5 no. 3
Type: Research Article
ISSN: 1750-8614

Keywords

Article
Publication date: 14 November 2016

Adam Abdullah

This paper aims to analyze the legal interpretation of three Islamic financing products considered for approval by US authorities, from the United Bank of Kuwait and Guidance…

1220

Abstract

Purpose

This paper aims to analyze the legal interpretation of three Islamic financing products considered for approval by US authorities, from the United Bank of Kuwait and Guidance Residential, even though the USA has not enacted any Shari’ah legislation in relation to the Islamic law of transactions (fiqh mu’amalat).

Design/methodology/approach

This paper primarily adopted qualitative document and content analysis, supported by quantitative numerical analysis, in reviewing legal interpretive letters from the US Office of the Comptroller of Currency and National Administrator of Banks (OCC) and the US Department of Revenue.

Findings

The research found that in assessing economic substance over legal form, each of the three products involved risk-free transactions and interest.

Research limitations/implications

The research had access to published OCC, Department of Revenue and US Patent Office material that fully disclosed the mechanics of each of the selected products.

Practical implications

The implication for the Islamic financial institutions involves Shari’ah compliance risk. When tested against the Islamic normative theory of lawful profit, it confirms that the products are non-compliant.

Social implications

The social implication is customer awareness of Shari’ah non-compliance in the USA and the impact for other jurisdictions carrying the same products.

Originality/value

The significance of this research for Islamic banking product design and development is that it enhances the ability to block the legal means to an unlawful outcome (sadd al-dhara’i), thereby avoiding harm (al-darar) attributed to usury (riba), and upholding what is in the public interest (maslahah), to fulfil one of the objectives of the Shari’ah (maqasid al-Shari’ah), which is to protect wealth (hafiz al-mal).

Details

International Journal of Islamic and Middle Eastern Finance and Management, vol. 9 no. 4
Type: Research Article
ISSN: 1753-8394

Keywords

Article
Publication date: 12 April 2013

Thomas Gibbons

The purpose of this paper is to test existing theoretical models relating to management agreements and “developer abuse” in relation to multi‐unit housing developments through…

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Abstract

Purpose

The purpose of this paper is to test existing theoretical models relating to management agreements and “developer abuse” in relation to multi‐unit housing developments through applying them to a new jurisdiction: New Zealand.

Design/methodology/approach

The paper uses a combination of case studies from reported legal cases, and a socio‐legal framework, to apply existing models to New Zealand.

Findings

The analysis shows that existing models are accurate, but can be improved and refined through a deeper examination of the issues arising from decided cases. New phenomena were identified that require more attention.

Research limitations/implications

This analysis is restricted to decided cases and empirical research may allow further findings. The research was also limited to New Zealand as a test of existing models.

Practical implications

The analysis in this paper shows that there are difficulties with recent law reforms, and more attention is needed to legislative solutions to the problems identified in existing literature and decided cases.

Social implications

This research may help educate the public about the issues arising from management agreements.

Originality/value

By applying existing models relating to body corporate management agreements and “developer abuse” to a new jurisdiction, this paper shows the usefulness of those models. The models remain to be tested in other jurisdictions, and this paper adds to existing frameworks for those scholars who do so. It will also have use for policy makers in this area.

Details

International Journal of Law in the Built Environment, vol. 5 no. 1
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 7 November 2016

Raj Kumar Bhardwaj and Madhusudhan Margam

The purpose of this paper is to explore legal information requirements of the legal community in India for a proposed online legal information system tailored to the Indian…

Abstract

Purpose

The purpose of this paper is to explore legal information requirements of the legal community in India for a proposed online legal information system tailored to the Indian environment.

Design/methodology/approach

A needs assessment survey was conducted using a structured questionnaire circulated among 750 respondents from eight institutions in Delhi. A total of 397 filled-in questionnaires were personally collected by the investigator, showing a response rate of 52.9 per cent. All these questionnaires were selected for analysis and interpretation of data. Responses to 45 questions were analyzed and presented in the form of tables and figures using various statistical techniques.

Findings

The findings of the study show that majority of the respondents felt they faced a number of problems in using online legal resources such as accessibility of legal information in legal resources, lack of online help features, description of legal information sources, search screen too confusing and poor website design. In addition, respondents highlighted that access instructions on the online resources are not clear. Lack of expertise and insufficient knowledge of information and communication technology in using legal databases are also major hurdles. Majority of the respondents are somewhat satisfied in using open-access and commercial legal information resources and not aware of open-access resources in the field of law. Model online legal information system (OLIS) was designed and developed based on the findings drawn in the needs assessment survey to empower the common man with legal resources at no cost, and foster research in the field of law.

Research limitations/implications

The model OLIS contains only a sample collection. It is expected that the proposed system will be implemented on a wider scale, so that lawyers, research scholars and common people can benefit.

Practical implications

The findings of the study will help libraries to subscribe to legal information resources and to design robust OLIS suitable in the Indian context. It is anticipated that the needs assessment survey of OLIS will help government agencies and law libraries to understand the problems of the legal fraternity in accessing legal information.

Originality/value

The present study designed a model OLIS for the Indian environment (www.olisindia.in) to aid the legal community in India, enabling them to save their valuable time. This system will help and foster interdisciplinary research learning and can be used as a tool for learning the basic concepts, as well as help deliberate on the emerging areas in the field of law.

Details

Library Review, vol. 65 no. 8/9
Type: Research Article
ISSN: 0024-2535

Keywords

Article
Publication date: 22 June 2010

Afkan R. Isazade

The purpose of the paper is to investigate the legal status of business entities in the Republic of Azerbaijan. The Azeri government intends to establish a suitable environment…

Abstract

Purpose

The purpose of the paper is to investigate the legal status of business entities in the Republic of Azerbaijan. The Azeri government intends to establish a suitable environment for local and foreign companies working in the country.

Design/methodology/approach

The paper presents a scientific investigation aimed at discovering and interpreting facts related to legal entities in the Azeri context. The goal of the research process is to produce new knowledge, through the exploratory research, which structures and identifies new problems, and the constructive research, which develops solutions to a problem.

Findings

The main finding is that constructing the legal entities within the legal frameworks and in compliance with the European standards play a substantial role in overall economic growth and in attracting foreign investments in the local economy as well as in implementing measures for continuing economic reforms, further improving business climate and developing the non‐oil sector in line with the oil sector.

Practical implications

As a result of this research paper some changes may be made in the local legislation in order to develop the company incorporation procedure in the Republic of Azerbaijan in the most effective way and to provide the integration of the local economy into the world economy.

Originality/value

The originality of this paper is that it describes for the first time the legal status of legal entities in the Republic of Azerbaijan, and discusses the advantages and disadvantages of the company incorporation system. The paper addresses the international business community, particularly those involved in all aspects of commercial and corporative law.

Details

Journal of International Trade Law and Policy, vol. 9 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

Book part
Publication date: 25 September 2023

Stefan Chichevaliev, Stojan Debarliev and Aleksandra Janeska Iliev

In this book chapter, we analyse social entrepreneurship (SE) development in the Western Balkans and present a regional overview. SE has become a globally known contributor to…

Abstract

In this book chapter, we analyse social entrepreneurship (SE) development in the Western Balkans and present a regional overview. SE has become a globally known contributor to alleviating societal, economic, social, and environmental concerns. Its influence on increasing people’s quality of life has put the concept on a pedestal, and the Balkans are no different. The new advances have increased the efforts from the third sector in advocating for increased visibility, recognition, and support for social enterprises (SEs) as contributors to the development of resilient communities and facilitating the countries’ recovery from economic, social, and environmental crises. To provide a regional development overview, we use the institutional perspective. We base the analysis on data by applying qualitative methods, including document analysis, conference speeches, round tables, consultations, and other impactful events conducted over the last decade. The evidence suggests that the Western Balkan countries are similar in their development and lack a clear vision, a strategic pathway, and sustainable solutions to accelerate the sector’s growth. The awareness of the SEs’ contributions is still low, hindering their impact and potential scalability. Raising awareness campaigns is much needed to increase SEs’ visibility, recognition, revenues, and financial sustainability. Intersectoral collaboration is not at a suitable level, and the coordination and partnerships between the SE actors are lacking. The region needs to make a significant and consistent effort to facilitate the sector’s development and support SEs to provide the expected societal impact.

Details

Entrepreneurship Development in the Balkans: Perspective from Diverse Contexts
Type: Book
ISBN: 978-1-83753-455-5

Keywords

21 – 30 of over 82000