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Family constitutions are relatively new to the law of family companies, although there might have been forerunners in the history of entrepreneur families. The practical importance and the proliferation of family constitutions in German family companies are increasing, along with the discussion of family constitutions in legal literature. This new instrument of family governance is not law driven but business driven, it has been designed by business advisors. Its analysis and classification are still at the very beginning in academic research and practice. Even though family constitutions are generally deemed to be without any legal effect and not legally binding, from a legal point of view, this assumption is at least highly questionable.

This paper aims to examine the interplay among forms of entrepreneurship and the gendered entrepreneurial divide. Using data from the Global Entrepreneurship Monitor (GEM) and the World Values Survey (WVS), the authors investigate the likelihood that females will venture in the commercial entrepreneurial ventures versus social entrepreneurial ventures. The authors draw on the theoretical concept of hegemonic masculinity and emphasized femininity to explain gender variance in the organizational forms of commercial and social entrepreneurship. Specifically, the authors investigate whether pursuing an opportunity in a society that highly values ideologies of hegemonic masculinity and emphasized femininity impacts the probability of venturing in either of these kinds of organizations.

To test the hypotheses, the authors use GEM data from 2009 (n = 14,399) for nascent entrepreneurs and baby businesses owners in 55 counties. They also use the WVS to measure the ideologies of hegemonic masculinity and emphasized femininity at the country level. The authors estimate a logistic multilevel model to identify the drivers of social venturing over commercial venturing. Data are nested by countries, and the authors allow random intercepts by countries with a variance components covariance structure.

The findings demonstrate that there is a divide in entrepreneurial activity, as women entrepreneurs are more likely to start social ventures than commercial ventures. They also find that hegemonic masculinity decreases the incidence of social entrepreneurship, whereas emphasized femininity increases the incidence of social entrepreneurship. Moreover, the authors find evidence that women in societies with a strong view on hegemonic masculinity are less likely to pursue social organizational forms than male entrepreneurs are. Furthermore, in societies with strong views of emphasized femininity, the probability increases that female founders will pursue social organizational forms. The findings highlight the considerable impact of the gender ideologies on entrepreneurship.

Although the authors use the terms “gender” and “sex” in this paper interchangeably, they recognize that these two terms are not equivalent. For the purposes of this manuscript, the authors use a gender analysis approach activity based on biological sex to investigate empirical differences in entrepreneurial. The findings suggest that women ultimately, and unintentionally, are consenting to the practices and norms that reiterate the masculinity of entrepreneurship. In this way, the patriarchal ideologies of hegemonic masculinity and masculinization of entrepreneurship ultimately leave women unable to fully take up the identity of “woman” alongside that of “entrepreneur”. Future research can build upon our findings by applying a more nuanced view of gender via constructivist approaches.

The findings empirically demonstrate the gendered nature of entrepreneurial activity, leading to specific stereotypical female social organizational forms and male commercial organizational forms. Furthermore, the authors are able to provide theoretical explanations based on hegemonic masculinity and emphasized femininity to understand why social entrepreneurship appeals to women.