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Book part
Publication date: 22 October 2019

Introduction: The Microfoundations of Legal Intermediation in Organizational Contexts

Sebastian Billows, Lisa Buchter and Jérôme Pélisse

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Abstract

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Legal Intermediation
Type: Book
DOI: https://doi.org/10.1108/S1059-433720190000081001
ISBN: 978-1-83867-860-9

Keywords

  • Legal intermediation
  • regulation
  • economy
  • labor
  • legal tools
  • neo-institutionalism
  • France

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Book part
Publication date: 22 October 2019

Contracts as Compliance Mechanisms: Legal Intermediation and the Failure of French Retail Regulation

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…

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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.

Details

Legal Intermediation
Type: Book
DOI: https://doi.org/10.1108/S1059-433720190000081007
ISBN: 978-1-83867-860-9

Keywords

  • Contracts
  • retail
  • business relations
  • business regulation
  • legal endogeneity
  • in-house counsel
  • France

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Book part
Publication date: 22 October 2019

Varieties of Legal Intermediaries: When Non-legal Professionals Act as Legal Intermediaries

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…

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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.

Details

Legal Intermediation
Type: Book
DOI: https://doi.org/10.1108/S1059-433720190000081005
ISBN: 978-1-83867-860-9

Keywords

  • Legal intermediaries
  • legal consciousness
  • professions
  • legal endogeneity
  • France
  • labor
  • economy

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Book part
Publication date: 22 October 2019

Prelims

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Abstract

Details

Legal Intermediation
Type: Book
DOI: https://doi.org/10.1108/S1059-433720190000081008
ISBN: 978-1-83867-860-9

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Book part
Publication date: 22 October 2019

A Multi-level Approach to Legal Intermediation: The Case of the 12-Hour Work Derogation in French Public Hospitals

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…

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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.

Details

Legal Intermediation
Type: Book
DOI: https://doi.org/10.1108/S1059-433720190000081004
ISBN: 978-1-83867-860-9

Keywords

  • Legal intermediaries
  • French public hospitals
  • managerialization of law
  • working time law
  • multi-level approach
  • 12-hour work derogation

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Article
Publication date: 11 July 2016

The role of sport science in the elite football labour process

Peter Kennedy and David Kennedy

The purpose of this paper is to examine the elective affinity between sport science and elite football by situating it first, within the wider political economy of…

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Abstract

Purpose

The purpose of this paper is to examine the elective affinity between sport science and elite football by situating it first, within the wider political economy of football and second, within the dynamics of the market and work situation faced by elite players in the modern game.

Design/methodology/approach

The methodology underpinning this paper continues this movement by considering the impact on market and work situation of elite footballers due to wider social structures and the distribution of social power peculiar to the football industry. It is premised on the view that observed events and contingent relations and processes are linked to more enduring social structures and that knowledge must take account of all three.

Findings

The resulting impact of sport science on elite football is contradictory, facilitating, on the one hand, the development of football as an aesthetic experience, while on the other hand, threatening to transform the football spectacle into a mundane exercise in the search for increased functional peak performance for its own sake.

Research limitations/implications

The value of this paper is that it considers salaries and player power to determine value by exploring the impact on market and work situation of elite footballers set in the context of wider social structures and the distribution of social power peculiar to the football industry.

Practical implications

Elite footballers yield immense power over their market situation, which sport science has the potential to enhance and sustain by fine honing peak fitness. The football club’s relative lack of control of the player’s market situation necessitates the appliance of sport science to help maximize control over the player’s work situation.

Social implications

The paper demonstrates that sport science develops elite footballers to peak fitness, while also developing footballers as commodities; and this latter aspect if taken too far may potentially transform football into a mundane exercise in the search for increased functional peak performance for its own sake.

Originality/value

The paper draws together the relatively neglected analysis of the football labour process with the increasing interventions of sport science to football and sets this within a broader political economy of football.

Details

Sport, Business and Management: An International Journal, vol. 6 no. 3
Type: Research Article
DOI: https://doi.org/10.1108/SBM-07-2015-0023
ISSN: 2042-678X

Keywords

  • Football
  • Labour process
  • Market situation
  • Sport science
  • Work situation
  • Formal subordination
  • Real subordination

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