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11 – 20 of over 87000George O. White III, Amon Chizema, Anne Canabal and Mark J. Perry
The purpose of this paper is to draw from organizational ecology and institutional theory, the authors suggest that there will be a curvilinear relationship between legal system…
Abstract
Purpose
The purpose of this paper is to draw from organizational ecology and institutional theory, the authors suggest that there will be a curvilinear relationship between legal system uncertainty and foreign direct investment (FDI) attraction in Southeast Asia. The authors extend theory by arguing that this is because uncertainty will provide opportunities for FDI that seek this form of operating environment, leveraging legal system uncertainty as a basis for competitive advantage.
Design/methodology/approach
The authors test and find support for the hypotheses using FDI data from nine Southeast Asian countries for the years 1995-2005.
Findings
In this paper, the authors hypothesize and find that the relationship between legal system uncertainty and FDI attraction is curvilinear in nature, such that FDI attraction decreases with legal system uncertainty down to an inflection point, but then increases beyond this point; and that the relationship between legal system uncertainty and FDI attraction is moderated by government intervention in the host country economy, such that the strength of this relationship is greater when government intervention is high rather than when it is low. Implications of the findings and suggestions for future inquiry are presented.
Originality/value
Conventional wisdom suggests that legal system uncertainty will negatively affect FDI attraction. However, to date, research on the effects of legal system uncertainty on FDI attraction in emerging markets has received very little attention. The aim of this research study is to shed new light on how, under certain conditions, legal system uncertainty will attract FDI in Southeast Asia.
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This paper builds on the “Law and Finance” theory and aims to examine the effect of the legal and institutional environment on the governance–performance relationship in the…
Abstract
Purpose
This paper builds on the “Law and Finance” theory and aims to examine the effect of the legal and institutional environment on the governance–performance relationship in the context of non-US firms. More precisely, it examines whether and how the country’s legal system and the level of investor protection interact with the firm-level corporate governance and affect firm performance.
Design/methodology/approach
The authors used the “G-Index” governance score developed by the Governance Metrics International rating for a sample of 12,728 firm-year observations from 23 countries over the 2009–2016 period.
Findings
The results show that the interaction between the country-level institutions and corporate governance system significantly affect the firm performance. In particular, the findings indicate that firms operating in common law countries tend to exhibit a positive valuation effect and higher performance than firms with a comparable corporate governance level operating in civil law countries. More precisely, the authors find that in common law countries, higher investor protection with enhanced corporate governance is associated with better firm performance. However, firms operating in civil law countries with weaker investor protection and a comparable corporate governance level tend to experience a negative valuation effect.
Originality/value
The findings suggest that the institutional and legal environment is crucial and important in determining the value-maximizing level of good governance practices. Managers and regulators should carefully analyze the cost of these initiatives and should coordinate it with the needs of the country’s legal system. The challenge for the company will be how to adjust its corporate governance strategy according to the needs and demands of the country’s legal system in which the company operates to improve its performance. The regulators should ensure a fit between the specifics of the national legal and institutional environment and corporate governance standards and practices.
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The links between moral communication and legal communication have long been studied in sociology of law. Little has yet been said about moral communication invoking when…
Abstract
Purpose
The links between moral communication and legal communication have long been studied in sociology of law. Little has yet been said about moral communication invoking when communication in the legal system is impossible, ineffective or uncertain. The paper fills this gap to demonstrate that systems theory-based sociology of law can effectively recognise the role of moral communication in such situations.
Design/methodology/approach
The paper presents an empirical study of moral communication in small and medium-sized enterprises (SMEs). It focused on situations when SMEs' interactions with function systems, particularly the legal system, result in irremovable legal uncertainty. The data depict strategies of managing such uncertainty and were obtained in a paths-to-justice survey of 7,292 owners and managers of SMEs and 101 in-depth interviews. The findings are interpreted using the author's concept of “uncertainty translation”, rooted in Luhmann's systems theory. It suggests that business organisations such as SMEs deal with the ubiquitous uncertainty in their operations by translating it into a convenient type.
Findings
The study distinguishes between formative and absorbing moral communication and finds that both types play a role in steering the uncertainty translation mechanism in SMEs. Six scenarios of invoking moral communication are identified in SMEs dealing with legal uncertainty. In such scenarios, moral communication facilitates the translation of business uncertainty “away from law”. Under some circumstances, this, in turn, leads to latent systematic results, reflexively affecting the legal system, the economic system and the SMEs.
Research limitations/implications
In its core argument, the study is based on qualitative material. While it identifies empirical scenarios of invoking moral communication, it does not report the prevalence of these scenarios due to methodological limitations.
Originality/value
The study results pose questions related to the staple theoretical issue in post-Luhmannian social systems theory: functional differentiation. If moral communication–a type of communication not linked to any social system–can produce far-reaching, systematic results that affect function systems, then the functional differentiation thesis should be less pronounced than Luhmann typically stressed. This said, the paper argues that the contradiction between the findings and Luhmannian theory of morality is only apparent and may be reconciled.
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Jacob Hörisch, Roger Leonard Burritt, Katherine L. Christ and Stefan Schaltegger
This paper aims to compare the influence of different legal systems on corporate sustainability management practices. Against the background of growing internationalization of…
Abstract
Purpose
This paper aims to compare the influence of different legal systems on corporate sustainability management practices. Against the background of growing internationalization of business activities, it additionally considers whether internationalization allows companies to circumvent the influence of national authorities.
Design/methodology/approach
Three legal systems are compared using regression analyses of more than 200 large corporations in five countries: common law (USA and Australia), German code law (Germany) and French code law (France and Spain).
Findings
The impact of national and international authorities is found to be strongest in French code law countries. In addition, the influence of international authorities is stronger for corporations with higher shares of international sales. For both national and international authorities, the degree of internationalization is found to moderate the influence of the legal system on corporate sustainability practices.
Practical implications
The legal system in place influences the relative effectiveness of national and international authorities over company sustainability practices and needs to be taken into account in policymaking. To be effective, international authorities need to work with or substitute for national authorities in promoting corporate sustainability practices in countries depending on their legal systems.
Originality/value
This research applies and quantitatively tests La Porta’s (1998) framework on legal systems in the new context of corporate sustainability.
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Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…
Abstract
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.
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Rob Glew, Carl-Magnus von Behr, Kaya Dreesbeimdiek, Emma Houiellebecq, Roman Schumacher, Sudhir Rama Murthy and Mukesh Kumar
This paper is motivated by the gap between the extensive academic discussion of industrial resilience and the limited resilience observed in response to large disruptions. Its…
Abstract
Purpose
This paper is motivated by the gap between the extensive academic discussion of industrial resilience and the limited resilience observed in response to large disruptions. Its purpose is to investigate the relationship between the industrial resilience of manufacturing and service operations and the resilience of the supporting financial, legal and political systems. This research identifies the impact of high or low levels of resilience in these supporting systems on the ability of industrial operations to perform as required in disrupted environments.
Design/methodology/approach
The authors combine a multi-disciplinary literature review with empirical data from four exploratory case studies. First, the authors review the literature on resilience in the fields of operations management, finance, law and political science to bring the terminology and concepts of these fields closer together. This review also defines the independent variables of the study: financial, legal and political resilience. Second, the authors use the framework from the literature to analyse data from four case studies of operations in difference contexts and sectors.
Findings
Industrial resilience is interdisciplinary, nuanced and complex. High levels of industrial resilience require high levels of financial, legal and political resilience. However, the activities required to improve the resilience of these supporting systems are often outside the locus of control of operations managers. Multiple perspectives on resilience must be coordinated to strengthen the response of industrial operations to large disruptions.
Research limitations/implications
As a conceptual and exploratory study, this paper does not utilise quantitative data or in-depth case studies. The authors demonstrate the importance of an interdisciplinary perspective on industrial resilience and provide a theoretical framework that can serve as a foundation to further studies of resilience. The review of the literature provides a glossary of definitions of resilience that improves clarity in this disparate field.
Practical implications
Managers can apply the findings of this work to start cross-functional discussions in their firms that recognise the multiple dimensions of industrial resilience and improve the resilience of the supporting systems. The exploratory case studies provide concrete guidance for how managers in the fields of humanitarian and development operations, healthcare and manufacturing can improve industrial resilience by considering the interaction with the supporting financial, legal and political systems.
Originality/value
This study is the first to provide detailed conceptual discussion and empirical evidence for the interdisciplinary nature of industrial resilience in the context of public sector and non-governmental organisations. Combining evidence from different contexts and sectors demonstrates the broad industrial value of this work.
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Weigang Li, Jixiang Chen and Dongying Wu
The purpose of this paper is to explore the role of legal institution building during the process of China's economic miracle of past three decades.
Abstract
Purpose
The purpose of this paper is to explore the role of legal institution building during the process of China's economic miracle of past three decades.
Design/methodology/approach
To engage with the issue, the paper builds on historical research and comparable approaches which explore the interactions of legal institution building and economic reforms in China.
Findings
Legal institution building is not only a passive factor that can make up market failures in developing countries. Studies on China case find that legal institution building in China has often been taken as a tool to realize the ruling party's political commitment of economic development.
Research limitations/implications
The paper takes only one country – China as the case to explore the interactions of legal institution building and economic development. Owing to most China's peculiar characteristics, more cases should be studied in order to examine a much clearer result, which might shed lights on the current reforms of a lot of developing countries.
Practical implications
The argument of the paper, that legal institution building can be employed as an active tool to drive economic development if designed properly, broadens policy pools for developing countries that are in a strive to fight against poverty reduction.
Originality/value
The paper opens a new arena to re‐examine the role of legal building for economic development in developing countries. Also, it develops a unique perspective to explore the myth of China's economic miracle.
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This study investigates the correlation between financial inclusion and legal system quality.
Abstract
Purpose
This study investigates the correlation between financial inclusion and legal system quality.
Design/methodology/approach
Pearson correlation analysis was used to assess the correlation between financial inclusion and legal system quality.
Findings
The author finds evidence for a positive correlation between financial inclusion and legal system quality. The findings suggest that improvements in legal system quality go hand in hand with improvements in the level of financial inclusion. More specifically, higher supply of ATM per 100,000 adults is correlated with stronger insolvency resolution framework among G7, European and non-European countries. Also, the number of bank branch per 100,000 adults is positively correlated with strong rule of law and legal rights in non-European countries. Also, the number of ATMs per 100,000 adults is positively correlated with strength of insolvency resolution framework and negatively correlated with the time it takes to resolve insolvency before, during and after the global financial crisis.
Originality/value
No study has explicitly analyzed the correlation between financial inclusion and legal system quality. This present study contributes to the literature by filling this research gap.
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Vicki Lawal, Christine Stilwell, Rosemary Kuhn and Peter G. Underwood
This chapter examines the efforts undertaken to restructure the legal education system in South Africa and Nigeria. It investigates the connection between contextual influences…
Abstract
This chapter examines the efforts undertaken to restructure the legal education system in South Africa and Nigeria. It investigates the connection between contextual influences and professional development, particularly with respect to the concept of legal information literacy and the value of acquired educational skills in the context of legal practice. The chapter provides insights to the needs and challenges for graduate requirement for legal information literacy skills in the effort to ensure productivity in the legal education system in Africa. Data were obtained using both quantitative and qualitative approaches. Outcomes from the study were supportive of the importance of information literacy as central to the development of professional competence. Findings also point to a need for greater collaboration between the legal education system and the legal profession in narrowing the gap between the teaching and practice of law specifically in the design and implementation of an information literacy framework for the legal education system.
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Present-day courts, practitioners, and scholars continue to cite to and rely upon cases involving slavery and enslaved persons to construe, interpret, and apply common-law…
Abstract
Present-day courts, practitioners, and scholars continue to cite to and rely upon cases involving slavery and enslaved persons to construe, interpret, and apply common-law principles of property, contract, family, tort, and other areas of the law. Often a case’s connections to slavery are not acknowledged in citations. This erasing of context causes institutional harms by both embedding slave-based legal analysis in American legal structures and condoning the detrimental impacts of slavery in society. The deleterious effects of slavery persist through citations to cases involving enslaved persons to support such prosaic present-day issues as warranties on window glass. Slavery may no longer be legal, but its long shadow persists in citations and, thereby, is embedded in the information systems informing the legal profession. The information infrastructures that categorize case law and inform legal research ingrain racism in the American legal system by perpetuating and masking case law connections to slavery and enslaved persons. The legal profession has recently been criticized for the continued citation to cases that state good law or persuasive authority but are rooted in the institution of slavery. This chapter builds on this important research and contributes a necessary element to the discussion – namely how legal information infrastructures contribute to continuing citation to slave cases and how the library and information science (LIS) field can help institute change and promote racial justice.
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