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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 and…

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.

Book part
Publication date: 22 February 2010

Diane F. Frey

This paper proposes a holistic institutional approach to provide insight into the policy reforms necessary to progressively achieve compliance with internationally recognized…

Abstract

This paper proposes a holistic institutional approach to provide insight into the policy reforms necessary to progressively achieve compliance with internationally recognized labor-related human rights. Drawing on institutions theory from political economy, the paper reframes international legal norms as holistic institutions, comprised of rules, social norms, and actual behaviors, the so-called rules of the game. In this way, problems in implementing labor-related human rights that may result in violations of international law are also considered as employment practices and, like other employment practices, are embedded in a web of formal and informal rules – institutions that govern work and employment. Based on the understanding that institutions contribute to violations, this holistic institutional approach also includes a framework to improve regulation and compliance based on Harold Koh's compliance theory from international law. The approach is illustrated using the example of forced obligatory overtime in textile assembly (maquilas) in Honduras and Nicaragua.

Details

Advances in Industrial and Labor Relations
Type: Book
ISBN: 978-1-84950-932-9

Abstract

Details

The Rise of Precarious Employment in Europe
Type: Book
ISBN: 978-1-78714-587-0

Book part
Publication date: 17 February 2015

Anna Carreri

This chapter investigates how normative beliefs attributed to insecure paid work and care responsibilities affect social understandings of the work–family boundary, and either…

Abstract

Purpose

This chapter investigates how normative beliefs attributed to insecure paid work and care responsibilities affect social understandings of the work–family boundary, and either challenge or reinforce traditional links between gender and moral obligation.

Methodology

Within an interpretive approach and from a gender perspective, I present a discourse analysis of 41 interviews with Italian parents.

Findings

This chapter shows that women in the sample felt forced into blurred boundaries that did not suit their work–family normative beliefs. Men in the sample perceived that they had more boundary control, and they created boundaries that support an innovative fatherhood model. Unlike women, men’s boundaries aligned with their desires.

Research limitations

The specific target of respondents prevents empirical comparisons between social classes. Moreover, the cross-level analysis presented is limited: in particular, further investigation is required at the level of organizational cultures.

Originality

The study suggests not only thinking in terms of work–family boundary segmentation and integration but also looking at the normative dimensions which can either enhance or exacerbate perceptions of the work–family interface. The value of the study also stems from its theoretically relevant target.

Details

Work and Family in the New Economy
Type: Book
ISBN: 978-1-78441-630-0

Keywords

Book part
Publication date: 22 December 2005

Isabel da Costa

France has a long tradition of research on labor and employment issues dating back to the emergence of the “Social Question” in the 1830s. Yet, the field identified as industrial…

Abstract

France has a long tradition of research on labor and employment issues dating back to the emergence of the “Social Question” in the 1830s. Yet, the field identified as industrial relations (IR) emerged slowly in France and has not achieved the institutional status it did in Anglo-Saxon countries. French universities have no IR departments and there are no academic journals with IR on the title. Teaching takes place within different disciplines and research produces an abundant literature, which does not always claim the IR label.

The concept of “industrial relations”, translated as “relations professionnelles”, started to be used in France only after World War II (WWII). The terms commonly used both before WWII and even nowadays alongside IR are “relations du travail” (labor relations) or “relations sociales” (social relations). Even though “industrial relations” might not always be the label used, a distinctive French IR tradition exists nonetheless which this paper identifies and presents.

The paper starts with the forerunners at the origins of the field of IR in France, high ranking civil servants who played a role not only in the development of French but even of international industrial relations, and represented a “problem-solving” approach to IR. The emergence of IR as a field of research with a self-recognized academic community bent on “science building”, however, mostly followed the evolution of IR practice in France in the post-WWII period, which the paper then analyzes, presenting the IR milieu in France through its research structures, theoretical debates and challenging prospects.

Details

Advances in Industrial & Labor Relations
Type: Book
ISBN: 978-0-76231-265-8

Book part
Publication date: 28 March 2022

Linda Ross Meyer

This chapter compares a ‘deific decree’ insanity case with constitutional originalism debates as a way to understand the boundaries of the legal person and the nature of law. The

Abstract

This chapter compares a ‘deific decree’ insanity case with constitutional originalism debates as a way to understand the boundaries of the legal person and the nature of law. The criminal defendant who claims innocence on the ground that ‘God told me to’ does not embody a conflict between law and religion, but a conflict between law’s demand for intersubjectivity and the subjectivity of a ‘higher truth known only to me’. In the same way, the originalist interpreter of the constitution rejects precedent in favour of a higher truth that need not be ‘like’ anything before. One approach to broaching this conflict between law and revelation is to understand law’s domain as temporal and incomplete – to imagine a humble rather than absolute law. On this view, the person is also not ‘absolute subjectivity’, but is compelled by legal fidelity to treat like alike and therefore under an obligation to imagine a ‘me’ as ‘we’. Or, to put it another way, to bring the person and the law into relationship is to reject a ‘revelatory’ interpretation of ‘original’ or ‘divine’ law in favour of an incompletely intersubjective common law that links me to we through customs and time. At the same time, by acknowledging law’s incompleteness, we can see unreasonable revelation sometimes as a possibility and not always as an insanity.

Book part
Publication date: 19 July 2018

Theresa Bauer

Corporate social responsibility (CSR) is often characterized as a voluntary approach, but CSR policy is on the rise: Governments have started to promote CSR by raising awareness…

Abstract

Purpose

Corporate social responsibility (CSR) is often characterized as a voluntary approach, but CSR policy is on the rise: Governments have started to promote CSR by raising awareness, launching partnerships and platforms, providing financial incentives and requiring environmental and social reporting (Albareda, Lozano, & Tamyko, 2007; Gond, Kang, & Moon, 2011; Steurer, 2010; Steurer, Martinuzzi, & Margula, 2012). This chapter describes how the German government facilitates CSR, that is it analyses the main instruments at the national level and takes a look at the motivation of the German government.

Design/methodology/approach

Based on the framework of CSR policy developed by Steurer, Margula, and Berger (2008) and Steurer (2010), the chapter examines CSR initiatives in five areas: informational or endorsing instruments, partnering instruments, hybrid instruments, financial or economic instruments and soft legal instruments. The analysis rests on a documentary review of various sources referencing German CSR initiatives.

Findings

German CSR policy comprises all sorts of instruments, whereas hybrid instruments play an important role: the Strategy for Sustainable Development, the National CSR Forum and National Action Plan on CSR as well as the National Action Plan for Business and Human Rights.

Originality/value

This chapter contributes to the rising literature on public policies on CSR by discussing the manifold measures that the German government has developed to support CSR.

Details

The Critical State of Corporate Social Responsibility in Europe
Type: Book
ISBN: 978-1-78756-149-6

Keywords

Book part
Publication date: 29 August 2018

Paul A. Pautler

The Bureau of Economics in the Federal Trade Commission has a three-part role in the Agency and the strength of its functions changed over time depending on the preferences and…

Abstract

The Bureau of Economics in the Federal Trade Commission has a three-part role in the Agency and the strength of its functions changed over time depending on the preferences and ideology of the FTC’s leaders, developments in the field of economics, and the tenor of the times. The over-riding current role is to provide well considered, unbiased economic advice regarding antitrust and consumer protection law enforcement cases to the legal staff and the Commission. The second role, which long ago was primary, is to provide reports on investigations of various industries to the public and public officials. This role was more recently called research or “policy R&D”. A third role is to advocate for competition and markets both domestically and internationally. As a practical matter, the provision of economic advice to the FTC and to the legal staff has required that the economists wear “two hats,” helping the legal staff investigate cases and provide evidence to support law enforcement cases while also providing advice to the legal bureaus and to the Commission on which cases to pursue (thus providing “a second set of eyes” to evaluate cases). There is sometimes a tension in those functions because building a case is not the same as evaluating a case. Economists and the Bureau of Economics have provided such services to the FTC for over 100 years proving that a sub-organization can survive while playing roles that sometimes conflict. Such a life is not, however, always easy or fun.

Details

Healthcare Antitrust, Settlements, and the Federal Trade Commission
Type: Book
ISBN: 978-1-78756-599-9

Keywords

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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