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The legal devices crafted within large organizations are a key component of legal endogeneity theory (LET). While symbolically complying with legislation, legal devices…
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.
Legal intermediation is an emerging theoretical concept developed to grasp the importance of the process and actors who contribute to legal endogenization, in particular…
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.
Adopting an intra-organizational viewpoint is essential to grasp legal intermediation. To deepen our understanding of such phenomena, this chapter proposes a qualitative…
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.
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…
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.
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.
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.
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.
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.
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.
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.