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Book part
Publication date: 22 October 2019

Sebastian Billows

The legal devices crafted within large organizations are a key component of legal endogeneity theory (LET). While symbolically complying with legislation, legal devices…

Abstract

The legal devices crafted within large organizations are a key component of legal endogeneity theory (LET). While symbolically complying with legislation, legal devices allow organizations to infuse managerial logics into the legal field, which eventually diverts law from its initial political goals. Although the LET has considered legal devices such as anti-discrimination guidelines and grievance procedures, this chapter argues that contracts also constitute a locus of symbolic compliance and contribute to the eventual endogenization of regulation. Supplementing LET with a focus on legal intermediation, this chapter explores how contracts are crafted and used by large organizations to respond to regulatory pressure. While other legal instruments are unambiguously managerialized from the outset, contracts are highly versatile legal objects that perform the seemingly opposite functions of symbolically complying with regulation and serving substantive commercial purposes. This discussion of the role of contracts as compliance mechanisms is based on an in-depth empirical study of the French retail industry and its response to a set of regulations that aimed at making their business practices fairer.

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Book part
Publication date: 28 December 2013

Bettina Lange

This article starts from the assumption that economic sociology, including Karl Polanyi’s work, can contribute fresh perspectives to regulation debates because it opens up…

Abstract

This article starts from the assumption that economic sociology, including Karl Polanyi’s work, can contribute fresh perspectives to regulation debates because it opens up new understandings of the nature of economic activity, a key target of legal regulation. In particular this article examines Polanyi’s idea that society drives regulation. For Polanyi the “regulatory counter-movement” is society’s response to the disembedding – in particular through the proliferation of markets – of economic out of social relationships. Section One of the article identifies three key challenges that arise from this Polanyian take on regulation for contemporary regulation researchers. First, Polanyi focuses on social norms restraining business behavior, but neglects social norms embedded in law as also shaping regulation. Second, he seems to imply a clear-cut conceptual distinction between “economy” and “society.” Third, his analysis sidelines the role of interest politics in the development of regulation.

Addressing the first of these three key challenges, Section Two of this article therefore argues that a Polanyian vision of “socialized” legal regulation should build on contemporary accounts of responsive law and regulation, which focus attention on social norms informing legal regulation. Section Three of this article tackles the second key challenge raised by Polanyi’s work for contemporary regulation researchers, that is, how to transcend a modernist perspective of “economy” and “society” as clearly demarcated, distinct fields of social action. It argues that discourse theory is an important alternative theoretical resource. Drawing on Laclau and Mouffe, the article suggests that understanding “economy” and “society” as performed by open and relationally constructed discourses helps to capture interconnections between “economy” and “society” that become particularly visible when we analyze how specific regulatory regimes work at a medium- and small-scale level. These points are further brought to life in Section Four through a discussion of the European Union (EU) regulatory regime for trade in risky, transgenic agricultural products, and in particular the current reform debates about the consideration of the “socioeconomic impacts” of such products.

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From Economy to Society? Perspectives on Transnational Risk Regulation
Type: Book
ISBN: 978-1-78190-739-9

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Article
Publication date: 18 May 2012

Richard Gibby and Caroline Brazier

The process of developing and implementing UK legislation for the legal deposit of electronic and other non‐print publications has been lengthy and remains incomplete…

Abstract

Purpose

The process of developing and implementing UK legislation for the legal deposit of electronic and other non‐print publications has been lengthy and remains incomplete, although the Government has consulted on draft regulations for implementation in 2013. The purpose of this paper is to provide a short account of progress and review the experience, analysing several factors that have influenced the legislative process and helped shape the proposed regulations. It summarises the regulatory and non‐regulatory steps taken by the UK legal deposit libraries to address the legitimate concerns of publishers and describes some of the practical implications of implementing legal deposit for non‐print publications.

Design/methodology/approach

The paper draws upon the personal experiences of the authors, who have been directly involved in the legislative process and negotiations with publishers and other stakeholders.

Findings

The paper provides new information and a summary of key issues and outcomes, with explanations and some insights into the factors that have influenced them.

Originality/value

This paper provides new information about the development of legal deposit in the UK and a review of the issues that have affected its progress.

Details

Library Review, vol. 61 no. 5
Type: Research Article
ISSN: 0024-2535

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Article
Publication date: 11 February 2019

Maria Claudia Solarte Vasquez, Mait Rungi and Katrin Merike Nyman-Metcalf

This paper aims to report on signs of public awareness and empowerment among the general public that are presumed to determine the viability of the smart contracting (SC…

Abstract

Purpose

This paper aims to report on signs of public awareness and empowerment among the general public that are presumed to determine the viability of the smart contracting (SC) approach and identifies prevailing concerns regarding individual transactional experiences.

Design/methodology/approach

A mixed approach was followed to explore perceptions of self-regulation and transaction friendliness by using an interpretative multiple case study method and by presenting a descriptive summative analysis of the data.

Findings

On self-regulation, the study reveals spread awareness, empowerment, contractual competences and responsibility. Regarding transaction friendliness, subject matter influences transaction experiences the most, and trust and engagement are the most problematic factors. The findings support the viability of SC, endorsing the application of proactive perspectives in legal and managerial practice.

Research limitations/implications

The study confirms the foundational assumptions of SC, identifies key transactional issues that should be further addressed to improve the functionality of digital trade environments and contributes to the consolidation of the legal design research field on transaction usability.

Practical implications

The findings point to the viability of SC. Organizations and practitioners are given indications on transaction upgrade priorities and invited to adopt and help disseminate the proposal.

Social implications

The expansion of a collaborative transactional culture can reduce legal disputes, improving the legal environment of business and strengthening private governance regulatory models.

Originality/value

This is the first empirical study on the viability conditions of the SC-approach, identifying transactional usability testing and intervention priorities.

Details

International Journal of Law and Management, vol. 61 no. 1
Type: Research Article
ISSN: 1754-243X

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Article
Publication date: 3 April 2017

Cristina Inversi, Lucy Ann Buckley and Tony Dundon

The purpose of this paper is to advance a conceptual analytical framework to help explain employment regulation as a dynamic process shaped by institutions and actors. The…

Abstract

Purpose

The purpose of this paper is to advance a conceptual analytical framework to help explain employment regulation as a dynamic process shaped by institutions and actors. The paper builds on and advances regulatory space theory.

Design/methodology/approach

The paper analyses the literature on regulatory theory and engages with its theoretical development.

Findings

The paper advances the case for a broader and more inclusive regulatory approach to better capture the complex reality of employment regulation. Further, the paper engages in debates about the complexity of employment regulation by adopting a multi-level perspective.

Research limitations/implications

The research proposes an analytical framework and invites future empirical investigation.

Originality/value

The paper contends that existing literature affords too much attention to a (false) regulation vs deregulation dichotomy, with insufficient analysis of other “spaces” in which labour policy and regulation are formed and re-formed. In particular, the proposed framework analyses four different regulatory dimensions, combining the legal aspects of regulation with self-regulatory dimensions of employment regulation.

Details

Employee Relations, vol. 39 no. 3
Type: Research Article
ISSN: 0142-5455

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Article
Publication date: 28 January 2020

Anna Stephansen

The purpose of this paper is to propose an analytical approach that allows capturing a variety of outcomes of health care reforms. Specifically, by means of employing…

Abstract

Purpose

The purpose of this paper is to propose an analytical approach that allows capturing a variety of outcomes of health care reforms. Specifically, by means of employing neo-institutional perspective, it is suggested that scholars need to take a step back and analyze the interrelation between regulatory, organizational and professional norms (dimensions). This approach improves our understanding of the complex outcomes of health care reforms. To illustrate this point, the case of coordination reform in Norway is discussed. This reform has been one of the most complex health care reforms with ambitious goals of achieving perfectly integrated care between hospitals and municipalities. The analysis through the three sets of institutional norms (dimensions) provides more comprehensive understanding of the various outcomes of the reform. The conclusion is that in order to understand the vast complexity of the outcomes of different health care reforms, we need to carefully study the institutional characteristics of rules, clinical codes of conduct, organizational characteristics as well as interplay between them. Analysis based on the three dimensions, shows that the neo-institutional approach, is of highest relevance to understand the outcomes of the complex health reforms.

Design/methodology/approach

Discussion in this paper is inspired by author’s PhD dissertation that comprised a study of juridification, understood as legal regulation, in treatment practice in the field of specialized health services. Three dimensions described in this paper are derived from the analysis of two types of empirical material: legal regulations and administrative guidelines in the area of patients’ rights interviews with psychiatrists and psychologists in the region of Western Norway about how they practice the regulations. The aim of this empirical study was to explore the implications the new regulations have had for clinical practice after the patients’ rights regulations became binding for clinical reasoning in Norway. This paper presents a viewpoint that applies the three dimensions derived from the empirical analysis to the discussion about the outcomes of one of the most complex Norwegian health reforms, i.e. coordination re-form. It is argued that the observations can be relevant for the analysis of the implication of health reforms in general.

Findings

The observations presented in the discussion of the possible implications of regulations of coordination reform indicate the complexity and sometimes contradictory outcomes of health regulations. There is a complex interplay between the different kinds of regulatory tools, which might have different implications at different levels. The same regulations can both strengthen and weaken established institutional order. Implications of such processes need to be empirically explored and neo-institutional approach still is of highest relevance in helping scholars understand the complex outcomes of health regulations.

Practical implications

Outcomes of regulations will depend on the balance between regulations and other institutional dimensions. The significant aspect of it is that this balance between the dimensions is not a zero sum equation, which means that all dimensions can be strengthened or weakened simultaneously.

Originality/value

The institutional dimensions can be in different balance relation with each other. The point of departure in this paper is that the legal regulations have been strengthened, i.e. expanded with regard to the coordination in health services. This development has been called juridification. The outcomes of it will depend on the balance between regulations and other institutional dimensions at work. The significant aspect of it is that this balance is not a zero sum equation, which means that all dimensions can be strengthened or weakened simultaneously.

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Article
Publication date: 8 June 2015

Alexander Styhre and Rebecka Arman

Institutional theorists treat law and regulations as external factors that is part of the organization’s environment. While institutional theory has been criticized for…

Abstract

Purpose

Institutional theorists treat law and regulations as external factors that is part of the organization’s environment. While institutional theory has been criticized for its inability to recognize the role of agents and to theorize agency, the growing literature on institutional work and institutional entrepreneurship, partially informed by and co-produced with practice theory, advances a more dynamic view of processes of institutionalization. In order to cope with legal and regulatory frameworks, constituting the legal environment of the organization, there are evidence of organizational responses in the form of bargaining, political negotiations, and decoupling of organizational units and processes. The purpose of this paper is to report how legal and regulatory frameworks both shape clinical practices while at the same time they are also informed by the activities and interests of professional communities and commercial clinics.

Design/methodology/approach

This paper reports an empirical study of the Swedish-assisted conception industry and is based on a case study methodology including the use of interviews and formal documents and reports issues by governmental agencies.

Findings

The empirical material demonstrates how scientists in reproductive medicine and clinicians regard the legal and regulatory framework as what ensures and reinforces the quality of the therapies. At the same time, they actively engage to modify the legal and regulatory framework in the case when they believe it would benefit the patients. The data reported presents one successful case of how PGD/PGS can be used to develop the efficacy of the therapy, and one unsuccessful case of regulatory change in the case of patient interest groups advocating a legalization of commercial gestational surrogacy. In the former case, scientific know-how and medicinal benefits served to “push” the new clinical practice, while in the latter case, the “demand-pull” of patient interest groups fails to get recognition in regulatory and policy-making quarters.

Originality/value

The study contributes to the literature on agency in institutional theory (e.g. the emerging literature on institutional work) by emphasizing how legal and regulatory frameworks are in a constant process of being modified and negotiated in the face of novel technoscientific practices and social demands. More specifically, this process include many scientific, technological, economic, political and social relations and resources, making the legal environment of organizations what is the outcome from joint negotiations and agreements across organizational and professional boundaries.

Details

Qualitative Research in Organizations and Management: An International Journal, vol. 10 no. 2
Type: Research Article
ISSN: 1746-5648

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Article
Publication date: 7 May 2020

Rakesh Belwal, Rahima Al Shibli and Shweta Belwal

Within a larger mandate of reviewing the key global trends concerning consumer protection in the electronic commerce (e-commerce) literature, this study aims to study the…

Abstract

Purpose

Within a larger mandate of reviewing the key global trends concerning consumer protection in the electronic commerce (e-commerce) literature, this study aims to study the legal framework concerning e-commerce and consumer protection in the Sultanate of Oman and to analyse the current regulations concerning e-commerce and consumer protection.

Design/methodology/approach

This study followed the normative legal research approach and resorted to the desk research process to facilitate content analysis of literature containing consumer protection legislation and regulatory provisions in Oman in particular and the rest of the world in general.

Findings

The study reveals that consumer protection initiatives in Oman are well entrenched for offline transactions, but are relatively new and limited for e-commerce. In spite of the promulgation of consumer protection laws, electronic transaction law and cybercrime law, consumer protection measures for e-commerce in Oman do not address a large number of the global concerns necessary to build consumer confidence and trust in the online environment.

Research limitations/implications

There is a dearth of information concerning Oman on this topic in the extant literature. The research also witnessed the lack of empirical data on the issue of consumer protection and e-commerce in Oman that offer a detailed database of consumer complaints and associated outcomes.

Practical implications

The mechanism of consumer protection in electronic transactions is not robust in many countries. Because of the lack of comprehensive and robust legislation, consumers remain vulnerable in the online contractual purchase process. Moving beyond the fragmented legislation, many countries are currently mulling an all-comprehensive e-commerce law, implications of this paper will help the policymakers in identifying the focus areas.

Social implications

Consumer protection is a burning global issue in this era of consumerism. It is important to build consumer trust, transparency and integrity of transactions to reduce the risk and uncertainties of purchase.

Originality/value

Consumer protection studies conducted in the context of Oman, hitherto, deal more with data protection and dispute resolution mechanisms, and less with legal provisions, regulations and consumer confidence. The study shares newer insights based on a systematic review of legal and business databases. It is the first study of its kind in the context of Oman and the Middle East in general.

Details

Journal of Information, Communication and Ethics in Society, vol. 19 no. 1
Type: Research Article
ISSN: 1477-996X

Keywords

Abstract

Details

Legal Intermediation
Type: Book
ISBN: 978-1-83867-860-9

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Book part
Publication date: 22 October 2019

Jérôme Pélisse

Legal intermediation is an emerging theoretical concept developed to grasp the importance of the process and actors who contribute to legal endogenization, in particular…

Abstract

Legal intermediation is an emerging theoretical concept developed to grasp the importance of the process and actors who contribute to legal endogenization, in particular in the field of economic activities and work governed by various public regulations. This chapter proposes to extend the analytical category of legal intermediary to all actors who, even if they are not legal professionals, deal on a daily basis with legal categories and provisions. In order to deepen our understanding of these actors and their contribution to how organizations frame legality, this chapter investigates four examples of legal intermediaries who are not legal professionals. Based on field surveys conducted over the past 15 years in France on employment policy, industrial relations, occupational health and safety regulation, and forensic economics, I make three contributions. First, the cases show the diversity of legal intermediaries and their growing and increasingly reflexive roles in our complex economies. Second, while they are not legal professionals per se, to different degrees, these legal intermediaries assume roles similar to those of legal professionals such as legislators, judges, lawyers, inspectors, cops, and even clerks. Finally, depending on their level of legitimacy and power, I show how legal intermediaries take part in the process of legal endogenization and how they more broadly frame ordinary legality.

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