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Open Access
Book part
Publication date: 14 December 2023

Holger Fleischer

This chapter provides an introduction to the world of family companies and family constitutions from a legal perspective. It first studies the legal types of business…

Abstract

This chapter provides an introduction to the world of family companies and family constitutions from a legal perspective. It first studies the legal types of business organizations that family firms have chosen across time and jurisdictions. It then illustrates how early predecessors of family constitutions evolved in the late Middle Ages and what modern family constitutions look like in different countries today. Further considerations are devoted to the governance framework of family firms. The chapter concludes by exploring the potential legal effects of family constitutions under German company and contract law.

Article
Publication date: 27 February 2024

John Rosso

The purpose is to provide a brief summary on the current research development regarding the role of in-laws in family firms’ continuity. Additionally, I provide a perspective on…

Abstract

Purpose

The purpose is to provide a brief summary on the current research development regarding the role of in-laws in family firms’ continuity. Additionally, I provide a perspective on the trends on the research regarding the in-laws involvement and influence in preparing future generations of family firms’ owners/managers. At the end, I conclude on what should be the relevant issues to be explored and researched in the future.

Design/methodology/approach

In this paper, I review the literature on the role of in-laws on the family business continuity, particularly, I emphasize the involvement of in-laws in family firms. I found that this topic of family business continuity has not widely researched and the role of in-laws on the future of the family firm has been underestimated in the extant literature. I provide a brief summary on the trends related the involvement of in-laws in the family business continuity and, at the end, I give my conclusions on what should be a research agenda regarding this topic.

Findings

Despite previous research, the question of the role of in-laws in family firms remains unanswered from the business-owning family perspective, nor from the in-laws’ perspective. The previous research has raised more questions on this topic. Clearly, the research landscape is vast, and scholars’ callings to find better ways to identify family members are totally justifiable.

Originality/value

Based on the literature review, it can be argued that one of the topics with high potential for future research and development is related to the role of in-laws in the family business continuity, either because they are passively included as part of the family group, without acknowledgment on their involvement or because governance policies have formally excluded them. In this review, I highlight the influence of the in-laws in the family business continuity; particularly, their role in preparing future generations of family firms owners/managers and imprinting them with the family values, culture and believes.

Details

Journal of Family Business Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2043-6238

Keywords

Book part
Publication date: 3 September 2015

Preethi Krishnan and Mangala Subramaniam

The practices and arrangements within a family can create grounds for violence. Although we agree that family processes are important, we think that these explanations downplay…

Abstract

Purpose

The practices and arrangements within a family can create grounds for violence. Although we agree that family processes are important, we think that these explanations downplay the structure of families (nuclear, extended) and thereby the ways in which gender relations are organized. In this paper, domestic violence is explored as an intra-family dynamic that extends beyond the intimate partner relationship and which seeps into court rulings of cases of such violence.

Methodology/approach

Using archival data from 164 Supreme Court case decisions on domestic violence in India for the period 1995–2011, we examine both the patterns of conviction and the complexities of gender relations within the family by systematically coding the Court’s rulings.

Findings

Analysis of court rulings show that mothers-in-law were convicted in 14% cases and the husband was convicted in 41% cases. We call attention to the collective nature of the domestic violence crime in India where mothers-in-law were seldom convicted alone (3% of cases) but were more likely to be convicted along with other members of the family. Two dominant themes we discuss are the gendered nature of familial relations beyond the intimate partner relationship and the pervasiveness of such gendered relationships from the natal home to the marital family making victims of domestic violence isolated and “homeless.”

Research limitations/implications

Future research may benefit from using data in addition to the judgments to consider caste and class differences in the rulings. An intersectionality perspective may add to the understanding of the interpretation of the laws by the courts.

Social implications

Insights from this paper have important policy implications. As discussed in the paper, the unintended support for violence from the natal family is an indication of their powerlessness and therefore further victimization through the law will not help. It is critical that natal families re-frame their powerlessness which is often derived from their status as families with daughters. Considering that most women in India turn to their natal families first for support when they face violence in their marriages, policy must enable such families to act and utilize the law.

Originality/value

By examining court rulings on cases of domestic violence in India we focus on the power exerted by some women particularly within extended families which is central to understanding gender relations within institutions. These relations are legitimized by the courts in the ways they interpret the law and rule on cases.

Details

Violence and Crime in the Family: Patterns, Causes, and Consequences
Type: Book
ISBN: 978-1-78560-262-7

Keywords

Book part
Publication date: 12 June 2018

Douglas NeJaime

This chapter uncovers the destabilizing and transformative dimensions of a legal process commonly described as assimilation. Lawyers working on behalf of a marginalized group…

Abstract

This chapter uncovers the destabilizing and transformative dimensions of a legal process commonly described as assimilation. Lawyers working on behalf of a marginalized group often argue that the group merits inclusion in dominant institutions, and they do so by casting the group as like the majority. Scholars have criticized claims of this kind for affirming the status quo and muting significant differences of the excluded group. Yet, this chapter shows how these claims may also disrupt the status quo, transform dominant institutions, and convert distinctive features of the excluded group into more widely shared legal norms. This dynamic is observed in the context of lesbian, gay, bisexual, and transgender (LGBT) rights, and specifically through attention to three phases of LGBT advocacy: (1) claims to parental recognition of unmarried same-sex parents, (2) claims to marriage, and (3) claims regarding the consequences of marriage for same-sex parents. The analysis shows how claims that appeared assimilationist – demanding inclusion in marriage and parenthood by arguing that same-sex couples are similarly situated to their different-sex counterparts – subtly challenged and reshaped legal norms governing parenthood, including marital parenthood. While this chapter focuses on LGBT claims, it uncovers a dynamic that may exist in other settings.

Details

Special Issue: Law and the Imagining of Difference
Type: Book
ISBN: 978-1-78756-030-7

Keywords

Book part
Publication date: 29 September 2016

Yean-Ju Lee

Previous studies as well as anecdotes have indicated that parental involvement in adult children’s marital conflicts is fairly common in Korea. This study attempts to explain how…

Abstract

Purpose

Previous studies as well as anecdotes have indicated that parental involvement in adult children’s marital conflicts is fairly common in Korea. This study attempts to explain how in-law conflicts – arguably a structural outcome of the traditional Confucian family – lead to marital disruption in contemporary families.

Methodology/approach

This study adopts the hypotheses of the corporate group, mother identity, and gendered-role expectations, which are instrumental to understanding the social context in which the legacy of the Confucian culture interacts with the knowledge-based neoliberal economy to revive in-law conflicts. Divorced-couple data are from in-depth interviews and court rulings, and their analysis illustrates the trajectories of marital breakdown.

Findings

The findings provide support for the hypotheses. Parents, especially mothers, who heavily invested time and money in their children’s education and career building meddle in their marriages in hopes to ensure the best returns to their investment. Normative prescriptions of gendered roles provide references for the parents regarding the roles of their children and children-in-law, and the gaps between their expectations and perceived reality trigger parental meddling and in-law conflicts. Adult children who are indebted to the parents for their status formation may acquiesce to the parental intervention.

Social implications

In the traditional patriarchal family, in-law conflicts were restricted to mother- and daughter-in-law relationships, but are now extended to mother- and son-in-law relationships, reflecting a paradoxical twist in gender-role expectations. This chapter suggests that heavy parental investment in their children can have an unexpected consequence increasing the probability of adult children’s marital disruption.

Details

Divorce, Separation, and Remarriage: The Transformation of Family
Type: Book
ISBN: 978-1-78635-229-3

Keywords

Open Access
Book part
Publication date: 14 December 2023

Lorenz Holler

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…

Abstract

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.

Article
Publication date: 20 December 2019

Shweta Belwal, Rakesh Belwal and Suhaila Ebrahim Al-Hashemi

The purpose of this paper is to take cognisance of the work–life balance (WLB) challenges facing working women in Oman, make a review of the family-friendly policies (FFPs)…

Abstract

Purpose

The purpose of this paper is to take cognisance of the work–life balance (WLB) challenges facing working women in Oman, make a review of the family-friendly policies (FFPs), related provisions in labour laws of various nations, and identify and suggest some FFP-based solutions for attracting women to private sector jobs.

Design/methodology/approach

Initially, desk research was used to review the labour laws of the six Gulf Cooperation Council (GCC) countries and some pioneering countries known for their workplace policies using the major electronic databases and official websites. An exploratory approach was used to understand the lived experience of participants using 46 in-depth interviews. The data were analysed and the findings were explained and contextualised in terms of the Arab culture, wider social processes and consequences related to WLB.

Findings

The interviews revealed that the majority of women in the private sector are not fully aware of the labour laws and FFPs, and are not satisfied with the existing policies, as they do not provide the right WLB. Women in the private sector demand flexible working hours, privacy at work, reduced work hours and certain other benefits akin to the government sector. Omani Labour Law needs a review of FFPs in line with the best global practices and Oman’s diversification initiatives. The provision, awareness and implementation of FFPs in the workplace are necessary to attract Omani women to private sector jobs.

Research limitations/implications

This research focusses on Oman in particular and GCC countries in general in its coverage of Omani women workers. The outcomes would be important for the specific segment but would have limited potential to generalise.

Practical implications

The study of WLB and FFPs is of interest for both academia and industry globally. In its strategic vision 2040, Oman aims to encourage, support and develop the private sector to drive the national economy. To retain and boost the socio-economic development in the post-oil economy, the success of the private sector will depend on the participation of the Omani workforce. The role of working Omani women will be pivotal, for they form a substantial part of the skilled human resources inventory.

Social implications

Women working in Oman are influenced by labour laws, organisational culture, traditional attitudes and societal values and influences. The voices of women working in the private sector indicate a great need to create awareness of existing policies, ensure their compliance and devise additional workplace policies to enable women to contribute to the labour market.

Originality/value

There is a dearth of studies examining work policies and employment of women in the context of Oman in particular and the GCC Countries in general. Even in the extant literature, the sectoral imbalance between the government and private sector has not been explored from the perspective of WLB and FFPs. This study presents a unique approach and findings in this regard.

Details

Employee Relations: The International Journal, vol. 42 no. 2
Type: Research Article
ISSN: 0142-5455

Keywords

Open Access
Book part
Publication date: 14 December 2023

Abstract

Details

Family Firms and Family Constitution
Type: Book
ISBN: 978-1-83797-200-5

Book part
Publication date: 1 January 2014

Lucinda Ferguson

This article explores the neglected issue of the overrepresentation in the child protection system of children from ethnic, cultural, religious, racial, and linguistic minorities…

Abstract

This article explores the neglected issue of the overrepresentation in the child protection system of children from ethnic, cultural, religious, racial, and linguistic minorities. It focuses on the accommodation of children’s diverse backgrounds within the s 31(2) threshold and s1 “best interests” stages of intervention under the Children Act 1989. First, it introduces the ethnic child protection penalty as a new tool for capturing the complex nature of overrepresentation of these children. Second, it proposes a framework for understanding the judicial approach in higher court decisions on the current extent and nature of accommodation. Third, it employs the penalty concept to help explain why case law analysis reveals difficulties with the current factor-based approach, whereas empirical research suggests generally satisfactory accommodation in practice. It concludes by proposing a contextualized framework for decision-making in relation to child protection.

Book part
Publication date: 30 October 2004

Jean E. Wallace

The literature suggests that women are less committed to and less successful in their careers than men because of family responsibilities. I examine whether mothers practicing law

Abstract

The literature suggests that women are less committed to and less successful in their careers than men because of family responsibilities. I examine whether mothers practicing law are less committed to their legal careers than other women. Mothers acknowledge that they violate certain time and career norms associated with practicing law and work in different settings, which may be interpreted by others as indicators of their lack of career commitment. The survey results reveal that, despite these violations, mothers report greater career commitment than other women in law. I conclude by examining possible explanations for these findings.

Details

Diversity in the Work Force
Type: Book
ISBN: 978-0-76230-788-3

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