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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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Book part
Publication date: 25 November 2019

Lisa Buchter

This chapter explores the development of organizational narratives of identities for embodying the qualified jobseeker with disabilities in the French job market.

Abstract

Purpose

This chapter explores the development of organizational narratives of identities for embodying the qualified jobseeker with disabilities in the French job market.

Methods/Approach

While the concept of “organizational narratives of identities” has primarily been used to study the access to services to individuals with “troubled identities,” my study looks at how organizational narratives are shaped in labor market intermediation for the professional integration of workers with disabilities.

Findings

In this context, fitting the right formula story goes beyond embodying the morally “deserving” target population in order to encompasses corporate-related expectations, such as demonstrating resilience and grit, as well as disclosure-related expectations, that navigates the contradictory injunction of the French antidiscrimination system to both demonstrate a commitment to diversity and to remain indifferent to differences.

Implications/Value

This chapter highlights the ways in which the cultural narratives surrounding disabled identities, workers’ identities, and the French cultural ideology of “indifference to differences” were translated into specific recruitment advice on the job market, as well as into organizational changes that favored the creation of a disability-friendly buffer zone in corporations: the activist disability manager. The chapter also shows how widely circulating cultural narratives shape, and are shaped by, organizational policies and procedures that can in turn shape personal experiences in the workforce.

Details

New Narratives of Disability
Type: Book
ISBN: 978-1-83909-144-5

Keywords

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Book part
Publication date: 22 October 2019

Lisa Buchter

Previous theories discuss how corporate managers can stir anti-discrimination laws away from their initial social goal by managerializing the law. Yet, other actors …

Abstract

Previous theories discuss how corporate managers can stir anti-discrimination laws away from their initial social goal by managerializing the law. Yet, other actors – notably insider activists – can contribute to move corporate regulations beyond merely symbolic compliance. I demonstrate this influence of activists with three cases studies: (1) LGBT activists for same-sex parental leave; (2) disability rights activists for implementing a quota; and (3) Muslim activists to secure accommodations in French workplaces. Through these cases, I show how activists can move corporate laws beyond compliance, pressure firms to go from merely symbolic to substantive compliance, and analyze mechanisms that explain their unequal success. Bringing together insights from the legal endogeneity theory and social movements theory, I analyze these activist legal intermediaries as actors faced with unequal structure of opportunities, and examine what factors hinder or favor an activist-driven legal endogeneity. I demonstrate the impact of more prescriptive regulations, the institutional power of union representatives (and their alignment with activists’ claims), reputational stakes for companies, and the resources of activists themselves (legal expertise, ability to reframe laws, and informal power within their organizations). Last, I show how activists leverage organizational and legal tools (collective agreement, diversity policies) to induce recoupling between formal commitments and informal practices.

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Book part
Publication date: 22 October 2019

Abstract

Details

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

To view the access options for this content please click here

Abstract

Details

New Narratives of Disability
Type: Book
ISBN: 978-1-83909-144-5

To view the access options for this content please click here
Book part
Publication date: 25 November 2019

Abstract

Details

New Narratives of Disability
Type: Book
ISBN: 978-1-83909-144-5

To view the access options for this content please click here
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: 22 October 2019

Fanny Vincent

Adopting an intra-organizational viewpoint is essential to grasp legal intermediation. To deepen our understanding of such phenomena, this chapter proposes a qualitative…

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.

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