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Introduction: Business and the Law 导论:商业与法律
IF 0.6 4区 管理学 Q1 Arts and Humanities Pub Date : 2019-10-02 DOI: 10.1080/17449359.2019.1718900
Louis Pahlow, Sebastian Teupe
What is the relation between businesses and the law? Although few would doubt that firms are acting in tightly regulated legal environments, and have done so for decades, no consensus has emerged on this question. While some scholars have assigned to the law an almost deterministic quality (Pistor 2019; Hodgson 2015; La Porta et al. 1997, 1998, 2008) others have questioned its importance, at least with regards to corporate governance (Cheffins 2001). Business historians in the Chandlerian tradition, too, had been doubtful about the importance of law for explaining structural change (Chandler and Daems 1979; Hannah 1979). They were countered, however, by historians of antitrust (Lamoreaux 1985; Dobbin and Dowd 2000) or incorporation law (Guinnane et al. 2007) who explained firm decisions in light of the regulatory context. A recent wave in business history on rethinking regulation (Balleisen 2017; John and Phillips-Fein 2017; Phillips Sawyer 2018), business crime and scandals (Hollow 2014; Berghoff, Rauh, and Welskopp 2016; Berghoff and Spiekermann 2018; Taylor 2018; van Driel 2019), or organizational dynamics (Fleming 2016; Wadhwani 2018) has highlighted the multiple dimensions at the intersection of law and economics (Dahlén and Larsson 2014; Pahlow 2014). They have helped opening up the field of interdisciplinary research in which this Special Issue positions itself. From this perspective, the meaning of law and its economic effects cannot be fully understood in a reductionist fashion that limits itself to seeing law simply as legislation or jurisdiction. It also calls for moving beyond the historical ramifications of legal doctrines, which have often obscured the view of legal reality (Edelman and Suchman 1997). Rather, the focus here is on an evolutionary understanding of the law, which analyzes the steering power of legal regimes under the conditions of their economic, also socio-economic and political challenges. The historical actors themselves often assessed the significance of legal rules in such a more differentiated way: Karl Geiler, business lawyer and founding Professor at the Mannheim Commercial College (‘Handelshochschule’), pointed out in 1927, that for example company law is being a fluid, non-static regime, of whom the one who knows only the written law would have no idea (Geiler 1927). Certainly, at a time of cartelization these wordsmight not really be surprising. But, what dowe know about lawmaking (and also rulebreaking) inside cartels, company groups or business associations? Moreover, how did conflict regulation in such organizational regimes work outside of state courts? And finally in which way did they influence the legislator or policy-making? Business historians e.g. in Germany have analyzed corporations and their business strategies with a view on specific
商业和法律之间的关系是什么?虽然很少有人会怀疑公司在严格监管的法律环境中行事,而且几十年来一直如此,但在这个问题上没有达成共识。虽然一些学者认为法律具有几乎确定性的性质(Pistor 2019;霍奇森2015;La Porta et al. 1997,1998,2008)其他人质疑其重要性,至少在公司治理方面(Cheffins 2001)。钱德勒学派的商业历史学家也一直怀疑法律在解释结构变化方面的重要性(Chandler and Daems 1979;汉娜1979)。然而,他们遭到反垄断历史学家的反驳(Lamoreaux 1985;Dobbin and Dowd 2000)或公司法(Guinnane et al. 2007),他们根据监管背景解释了公司决策。商业史上反思监管的最新浪潮(Balleisen 2017;John and Phillips-Fein 2017;菲利普斯索耶2018),商业犯罪和丑闻(空心2014;Berghoff, Rauh, and Welskopp 2016;Berghoff and Spiekermann 2018;泰勒2018年;van Driel 2019)或组织动力学(Fleming 2016;瓦德瓦尼(Wadhwani, 2018)强调了法律和经济学交叉的多维度(dahlsamen and Larsson, 2014;Pahlow 2014)。他们帮助开辟了跨学科研究领域,而这正是本期特刊所处的位置。从这个角度来看,法律的意义及其经济影响不能以一种简化主义的方式得到充分理解,这种简化主义将法律仅仅视为立法或管辖权。它还要求超越法律理论的历史分支,这些分支经常模糊了对法律现实的看法(Edelman and Suchman 1997)。相反,这里的重点是对法律的进化理解,它分析了法律制度在其经济、社会经济和政治挑战的条件下的指导力。历史上的演员们自己经常以这样一种更有区别的方式评估法律规则的意义:商业律师、曼海姆商学院(Handelshochschule)的创始教授卡尔·盖勒(Karl Geiler)在1927年指出,例如公司法是一种流动的、非静态的制度,只知道成文法的人根本不知道(盖勒1927)。当然,在卡特尔化时期,这些话可能并不令人惊讶。但是,我们对卡特尔、公司集团或商业协会内部的立法(以及违规)又了解多少呢?此外,在国家法院之外,这种组织制度中的冲突监管是如何运作的?最后,他们以何种方式影响立法者或政策制定?例如,德国的商业历史学家从具体的角度分析了公司及其商业战略
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引用次数: 3
The laws of the economy: decriminalizing business transgressions in the late 19th century 经济规律:19世纪末商业违法行为的非刑事化
IF 0.6 4区 管理学 Q1 Arts and Humanities Pub Date : 2019-10-02 DOI: 10.1080/17449359.2019.1702886
Sverre Flaatten
ABSTRACT This article examines the relationship between law and business, and the connection between criminal law and civil law in controlling economic transgressions. In the late 19th century, governments all over Europe sought to establish new legislation regulating the economy. This was also the case in Norway. Traditionally, this had been done through criminal law, but, as argued in this paper, a new understanding of the economy as a system marked by its own logic moved the control of business transgressions away from criminal law. Instead, civil law regulations became the preferred means of control. In effect, this implied a decriminalization of norm violations in the business community. Through this, the symbolic power of law contributed to a changed view of business morals: economic action was no longer to be understood solely through notions of guilt and personal responsibility.
本文考察了法律与商业的关系,以及刑法与民法在控制经济违法行为方面的联系。19世纪后期,欧洲各国政府都试图建立新的法律来规范经济。挪威的情况也是如此。传统上,这是通过刑法来实现的,但是,正如本文所述,对经济作为一个以其自身逻辑为标志的系统的新理解,使对商业违法行为的控制远离了刑法。相反,民法法规成为首选的控制手段。实际上,这意味着将商业社会中违反规范的行为合法化。通过这种方式,法律的象征性力量促使人们改变了对商业道德的看法:经济行为不再仅仅通过罪恶和个人责任的概念来理解。
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引用次数: 1
Managing technical changes from the scales of legal regulation: German clean cars against the European pollutant emissions regulations in the 1980s 从法律法规的尺度来管理技术变化:德国清洁汽车与20世纪80年代欧洲污染物排放法规的对比
IF 0.6 4区 管理学 Q1 Arts and Humanities Pub Date : 2019-10-02 DOI: 10.1080/17449359.2019.1702885
Samuel Klebaner, Sigfrido M. Ramírez Pérez
ABSTRACT In this paper, we analyze how public regulators and regulated businesses interpreted and influenced legal change implying technological shift. Based on the economics literature on technical change and legal history literature, we provide a constructivist and systematic framework to analyze law as mediation between regulators and firms’ respective behaviors. The analyzed historical case deals with the attempt of automobile multinationals to shape the European Economic Community vehicle emissions regulations. It focuses on the German fiscal policy to promote the sale of the so-called Clean Cars during the mid-1980s. We concluded that the regulation proposed by European Commission in the field of competition and environmental protection law successfully solved the clash between legitimate goals around emissions regulations. It covers implication in terms of normative order; political objectives coherency; firms’ profit strategies and relationships between firms and regulators through European trade associations. We find that the key factor of the firms’ positions to the law lies in information exchanged with political institutions, whose legal regulation acts as a signal integrated into the long-term firms’ strategies.
摘要在本文中,我们分析了公共监管机构和受监管企业如何解释和影响意味着技术变革的法律变革。基于技术变革的经济学文献和法律史文献,我们提供了一个建构主义和系统的框架来分析法律作为监管者和企业各自行为之间的中介。分析的历史案例涉及汽车跨国公司试图制定欧洲经济共同体的汽车排放法规。它关注的是德国在20世纪80年代中期促进所谓清洁汽车销售的财政政策。我们得出的结论是,欧盟委员会在竞争和环境保护法领域提出的法规成功地解决了围绕排放法规的合法目标之间的冲突。它涵盖了规范秩序方面的含义;政治目标连贯性;企业的利润策略以及企业与欧洲贸易协会监管机构之间的关系。我们发现,企业对法律立场的关键因素在于与政治机构交换信息,政治机构的法律监管是企业长期战略的一个信号。
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引用次数: 5
How to handle economic power? Law-making and the Reich economic council in Weimar Germany 如何处理经济权力?魏玛德国的立法与帝国经济委员会
IF 0.6 4区 管理学 Q1 Arts and Humanities Pub Date : 2019-09-11 DOI: 10.1080/17449359.2019.1659822
Franz Hederer
ABSTRACT The paper analyzes the role of the Reich Economic Council (Reichswirtschaftsrat, RWR) in Weimar Germany and intends to highlight its ambiguous position between organized interests, political loyalties, public expectations and economic needs. In contrast to the prevailing historiographical narrative of the RWR’s insignificance, the paper argues for a closer look at its practice in economic policy to gain deeper insight into its role within the political system. Referring to the heated public debates on consumer policy and cartels in the late 1920s, the findings indicate that the RWR formed a platform for economic actors at the intersection of state and economy to influence or even pre-formulate economic policy within the protected sphere of an institutionalized 'back-room', and beyond party politics. But on the other hand, the refusal of taking sides in political controversies may have triggered the RWR's successive marginalization in the early 1930s. Thus, the RWR’s ambiguous position mirrors the contested and undecided nature of economic order in the 1920s, and therefore allows us to see behind the curtain of the complex relations between economy, politics and state in Weimar Germany.
摘要本文分析了德意志经济委员会(Reichswirtschaftsrat,RWR)在魏玛德国的作用,并试图强调其在组织利益、政治忠诚、公众期望和经济需求之间的模糊地位。与主流的关于RWR重要性的历史叙述相反,本文主张更仔细地研究其在经济政策中的实践,以更深入地了解其在政治体系中的作用。参考20世纪20年代末关于消费者政策和卡特尔的激烈公开辩论,研究结果表明,RWR为处于国家和经济交叉点的经济行为者提供了一个平台,在制度化的“密室”保护范围内,甚至在党派政治之外,影响甚至预先制定经济政策。但另一方面,拒绝在政治争议中偏袒一方可能引发了RWR在20世纪30年代初的连续边缘化。因此,RWR的模糊立场反映了20世纪20年代经济秩序的争议和悬而未决的性质,因此让我们看到了魏玛德国经济、政治和国家之间复杂关系的幕后。
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引用次数: 2
Small and medium-sized enterprises and their use of organizational forms in Japan after World War II 第二次世界大战后日本中小企业及其组织形式的运用
IF 0.6 4区 管理学 Q1 Arts and Humanities Pub Date : 2019-08-27 DOI: 10.1080/17449359.2019.1659823
Takashi Shimizu
ABSTRACT This study investigates how people recognize and use organizational forms in the process of economic development. In order to do this, I will focus on the recognition and use of the corporate form as well as the private limited liability company (PLLC) form in Japan after World War II (WWII). Before WWII, the corporate form was considered as an instrument for big businesses, while the PLLC was for small and medium-sized enterprises (SMEs). After WWII, however, many SMEs started to use the corporate form, even though they could not fulfill all the legal obligations. Even though this situation was criticized as ‘abusive’ use of the corporate form, SMEs continued to use it, but the extent to which they preferred it to the PLLC form has changed over time. By referring to discussions of legal scholars as well as statistical data, I found that several different factors affected this phenomenon: the trustworthiness of corporations, the cost of using the corporate form, and its usefulness for the modernization of management.
摘要本研究调查了人们在经济发展过程中如何识别和使用组织形式。为了做到这一点,我将重点关注二战后日本对公司形式以及私人有限责任公司(PLLC)形式的认可和使用。在二战之前,公司形式被认为是大企业的工具,而PLLC是为中小型企业(SME)设计的。然而,二战后,许多中小企业开始使用公司形式,尽管它们无法履行所有的法律义务。尽管这种情况被批评为“滥用”公司形式,中小企业仍在继续使用,但随着时间的推移,他们更喜欢它而不是PLLC形式的程度已经发生了变化。通过参考法律学者的讨论和统计数据,我发现有几个不同的因素影响了这一现象:公司的可信度、使用公司形式的成本以及它对管理现代化的有用性。
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引用次数: 0
Captains of industry? Value allocation and the partnering effect of managerial discretion 行业领袖?价值配置与管理自由裁量权的伙伴效应
IF 0.6 4区 管理学 Q1 Arts and Humanities Pub Date : 2019-08-01 DOI: 10.1080/17449359.2021.1877558
Segrestin Blanche, A. Hatchuel, K. Starkey
ABSTRACT Can value allocation be left to managerial discretion and does corporate law provide the basis for a balanced stakeholder management and a fair allocation of results? This question is central in an age of inequality. We argue that it can be reappraised by building upon the case of maritime law. Whereas in corporate law, the board is in charge of allocating the results, maritime law stipulates a clear ex ante rule according to which it allows a captain to sacrifice some goods to save the ship. This historical ‘rule of general averages’ emerged in Antiquity. It compels the interested parties to jointly bear costs. This rule makes visible what we call a ‘partnering effect’ of managerial authority and suggests that corporate law, as it currently stands, lacks a conceptualization of the impacts of managerial discretion and therefore limits the possibility of a fair allocation of results. While management scholars have sought to rethink management theory with a ‘view from law’, we conclude that law could also be discussed with a view from management history.
摘要:价值分配是否可以由管理层自行决定?公司法是否为平衡的利益相关者管理和公平的结果分配提供了基础?这个问题在一个不平等的时代是核心。我们认为,可以在海商法案例的基础上对其进行重新评估。在公司法中,董事会负责分配结果,而海事法则规定了一条明确的事前规则,根据该规则,船长可以牺牲一些货物来拯救船只。这种历史上的“一般平均数规则”出现在《古代》中。它迫使有关各方共同承担费用。这条规则表明了我们所说的管理权力的“伙伴效应”,并表明目前的公司法缺乏对管理自由裁量权影响的概念化,因此限制了公平分配结果的可能性。虽然管理学者试图从“法律视角”重新思考管理理论,但我们得出的结论是,法律也可以从管理史的角度来讨论。
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引用次数: 1
Speaking frankly – parrhesia and public service 坦率地说——双关语和公共服务
IF 0.6 4区 管理学 Q1 Arts and Humanities Pub Date : 2019-07-03 DOI: 10.1080/17449359.2019.1698439
E. Barratt
ABSTRACT This discussion addresses the history of bureaucratic frank counsel in the British Civil Service, exploring the possibilities and limitations of concepts associated with the later Foucault for its analysis. Foucault makes clear in his lectures that the notion of parrhesia has a long and varied history. This discussion considers a particular trajectory of this ancient idea: the practice of frank counsel in the context of the ethics of the Civil Service in Britain, focusing on the years of Conservative government in the 1980s. We begin by clarifying the interconnection between the practice of bureaucratic frank counsel in Britain and the concept of parrhesia. We are, however, primarily concerned to examine the fate of ‘bureaucratic frank counsel’. Foucauldian scholars of governmentality have been concerned to highlight how ethical attributes of enterprise and responsiveness have displaced the customary ethics of public service. The implication is that the frank counsel of public servants has been silenced. Revisiting the era in which the advanced liberal government of the Civil Service first took shape, we question this view. We explore the emergence of the idea of formal codification as a common aspiration for the defense of customary ethical practices. We conclude by arguing that a deep ambivalence now characterizes this domain of ethical practice.
本文论述了英国公务员制度中官僚式坦率律师的历史,探讨了与后来的福柯相关的概念的可能性和局限性,以供分析。福柯在他的演讲中明确指出,假语的概念有着悠久而多样的历史。本次讨论考虑了这一古老理念的一个特殊轨迹:在英国公务员道德的背景下,坦率律师的实践,重点关注20世纪80年代保守党政府的岁月。我们首先要澄清英国官僚坦率律师的做法与鹦鹉学舌概念之间的相互联系。然而,我们主要关注的是审查“官僚坦率律师”的命运。傅的治理学学者一直关注企业和响应性的伦理属性如何取代公共服务的传统伦理。言下之意是,公务员的坦率建议被噤声了。回顾公务员制度中先进的自由主义政府最初形成的时代,我们对这种观点提出了质疑。我们探讨了正式编纂思想的出现,这是捍卫习惯道德实践的共同愿望。最后,我们认为,一种深刻的矛盾心理现在是这个道德实践领域的特征。
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引用次数: 0
Divestment cycles in the Portuguese electrical and electronics industry – an historical, multilevel analysis (1975–2015) 葡萄牙电气和电子行业的撤资周期——历史的、多层次的分析(1975-2015)
IF 0.6 4区 管理学 Q1 Arts and Humanities Pub Date : 2019-07-03 DOI: 10.1080/17449359.2019.1698438
Pedro Silva, A. Moreira
ABSTRACT This article deals with the topic of divestment. In the early 1990s, the Portuguese electrical and electronics industry (EEI) attracted high levels of foreign direct investment. This increase in capital flows played an important role in Portugal’s economic development. However, after a period of growth and expansion, divestments became more common and the Portuguese government had to work hard to retain the existing investments. This study adopts a qualitative and historical approach to examine how economic and social changes impacted divestments in the EEI between 1975 and 2015, contributing to develop extant theories on divestment. The article helps to understand what happened to the Portuguese manufacturing industry and to the EEI in particular, providing valuable lessons on international divestments and production relocations.
摘要本文涉及撤资这一话题。20世纪90年代初,葡萄牙电气和电子工业吸引了大量外国直接投资。资本流动的增加对葡萄牙的经济发展发挥了重要作用。然而,经过一段时间的增长和扩张,撤资变得更加普遍,葡萄牙政府不得不努力保留现有投资。本研究采用定性和历史方法来研究1975年至2015年间经济和社会变化如何影响EEI的撤资,有助于发展现有的撤资理论。这篇文章有助于了解葡萄牙制造业,特别是欧洲经济区发生了什么,为国际撤资和生产转移提供了宝贵的经验教训。
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引用次数: 3
Organizational structure, public policy, and technological change: the origins of the dominion steel industries 组织结构、公共政策和技术变革:自治领钢铁工业的起源
IF 0.6 4区 管理学 Q1 Arts and Humanities Pub Date : 2019-07-03 DOI: 10.1080/17449359.2019.1683039
M. Abbott
ABSTRACT This article provides a comparative study of the steel industry in Canada, Australia and South Africa in the first half of the twentieth century, in order to determine what key elements existed in these settler states that ensured the successful foundation of an industry seen as a symbols of industrial and national development. Although there is considerable literature containing comparisons of the overall long-term economic development of these settler nations, these comparisons are broad in approach, rather than focusing on the organizational structure and management of individual industries. The study finds that a combination of factors were in ensuring this success important including the development of local markets for steel, financial market development, public policy attitudes and natural resource availability. In doing so it finds that the three industries were similar in that they all had an abundance of raw materials, growing markets for steel and access to British and American capital markets and technical expertise.
本文对20世纪上半叶加拿大、澳大利亚和南非的钢铁工业进行了比较研究,以确定这些移民国家中存在哪些关键因素,这些因素确保了钢铁工业的成功建立,钢铁工业被视为工业和国家发展的象征。虽然有相当多的文献对这些移民国家的整体长期经济发展进行了比较,但这些比较的方法是广泛的,而不是集中在个别行业的组织结构和管理上。研究发现,在确保这一成功的过程中,多种因素的结合非常重要,包括当地钢铁市场的发展、金融市场的发展、公共政策态度和自然资源的可用性。在这样做的过程中,它发现这三个行业的相似之处在于它们都有丰富的原材料,不断增长的钢铁市场,以及进入英美资本市场和技术专长的机会。
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引用次数: 2
Symbolism in bank marketing and architecture: the headquarters of National Provincial Bank of England 银行营销和建筑中的象征主义:英格兰国家省级银行总部
IF 0.6 4区 管理学 Q1 Arts and Humanities Pub Date : 2019-07-03 DOI: 10.1080/17449359.2019.1683038
Victoria Barnes, L. Newton
ABSTRACT This article undertakes an analysis of the symbolism present in the architecture and design in nineteenth century British banking. It focuses upon the headquarters of National Provincial Bank of England, which was built in the 1860s. It explores the symbols and messages that those at the bank wished to communicate to those that viewed the building. The analysis finds that those at the bank impressed its national identity, achieved through its extensive branch network, as its key message which differentiated it from its rivals. Other symbols emphasized that it had adapted to the local market and was equal in terms of competency and richness in comparison to its competitors. We argue that these messages became part of the organization’s identity and its brand, as well as the culture of the City of London more broadly. The article provides a new explanation for symbolic meanings represented by bank architecture. It integrates the existing discussion of bank architecture in historical research with the theoretical frameworks and literature being developed in organizational identity and branding.
摘要本文分析了19世纪英国银行业建筑与设计中的象征主义。它的重点是英格兰国家省级银行总部,它建于19世纪60年代。它探索了那些在银行工作的人希望向那些观看建筑的人传达的符号和信息。分析发现,银行的人通过其广泛的分支网络,将其国家身份作为其与竞争对手区分开来的关键信息。其他标志强调,它已经适应了当地市场,在能力和丰富程度方面与竞争对手不相上下。我们认为,这些信息已成为该组织的身份和品牌的一部分,以及更广泛的伦敦金融城文化。本文对银行建筑所代表的象征意义进行了新的阐释。它将历史研究中关于银行架构的现有讨论与组织身份和品牌方面正在发展的理论框架和文献相结合。
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引用次数: 9
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Management & Organizational History
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