Pub Date : 2020-03-31DOI: 10.1080/17449359.2020.1746346
M. Larson
ABSTRACT This paper questions what British management education promoters sought to create through their efforts to establish high-level business training institutes in Britain in the 1960s. In response to the landmark Robbins Report of 1963, businessmen and politicians re-imagined management education and in doing so formed a new type of management education institute to operate alongside, and ultimately to compete with, a wide variety of other methods of management preparation then in use in the country. As business conditions changed and firms – especially large ones – grew more complex, both business leaders and government ministers sought ways to prepare the next generation of managers to lead firms successfully in the long term but do so in a way that satisfied their own firms’ needs as well as those of society. Using both archival and published sources, the text explores the perspectives of those involved with the business school project as well as those interested in it as observers to determine what business leaders and government truly wanted from Britain’s future managers.
{"title":"Re-imagining management education in post-WWII Britain: views from government and business","authors":"M. Larson","doi":"10.1080/17449359.2020.1746346","DOIUrl":"https://doi.org/10.1080/17449359.2020.1746346","url":null,"abstract":"ABSTRACT This paper questions what British management education promoters sought to create through their efforts to establish high-level business training institutes in Britain in the 1960s. In response to the landmark Robbins Report of 1963, businessmen and politicians re-imagined management education and in doing so formed a new type of management education institute to operate alongside, and ultimately to compete with, a wide variety of other methods of management preparation then in use in the country. As business conditions changed and firms – especially large ones – grew more complex, both business leaders and government ministers sought ways to prepare the next generation of managers to lead firms successfully in the long term but do so in a way that satisfied their own firms’ needs as well as those of society. Using both archival and published sources, the text explores the perspectives of those involved with the business school project as well as those interested in it as observers to determine what business leaders and government truly wanted from Britain’s future managers.","PeriodicalId":45724,"journal":{"name":"Management & Organizational History","volume":"15 1","pages":"169 - 191"},"PeriodicalIF":0.6,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17449359.2020.1746346","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44109552","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-02DOI: 10.1080/17449359.2020.1746347
Kenneth M. York, Cynthia E. Miree
ABSTRACT Resource Dependence Theory suggests that organizations faced with high resource dependency on actors in their external environment will take action to manage or minimize the dependence. In the early twentieth century, the Negro Leagues were faced with such a resource dilemma. At the same time, the ability to achieve competitive balance is another important predictor of success for sports leagues. Five empirical tests of competitive balance were applied to data from the seasons were the Negro National League, Eastern Colored League, and Negro American League were in operation to ascertain its presence. The results support the presence of competitive balance in Negro Leagues, as measured by both within-seasons and across-seasons. Further, the competitive balance achieved within the three Negro Leagues was comparable to that of two Major Leagues. While there are many books, essays and research studies about the Negro Leagues, there is a paucity of empirical work within this rich body of literature. The present study seeks to add to this subset of research and provide further evidence of the reasons the leagues were well positioned to experience success (albeit short-lived).
{"title":"Achieving competitive balance in the face of resource uncertainty: a resource dependence perspective on the Negro Leagues","authors":"Kenneth M. York, Cynthia E. Miree","doi":"10.1080/17449359.2020.1746347","DOIUrl":"https://doi.org/10.1080/17449359.2020.1746347","url":null,"abstract":"ABSTRACT Resource Dependence Theory suggests that organizations faced with high resource dependency on actors in their external environment will take action to manage or minimize the dependence. In the early twentieth century, the Negro Leagues were faced with such a resource dilemma. At the same time, the ability to achieve competitive balance is another important predictor of success for sports leagues. Five empirical tests of competitive balance were applied to data from the seasons were the Negro National League, Eastern Colored League, and Negro American League were in operation to ascertain its presence. The results support the presence of competitive balance in Negro Leagues, as measured by both within-seasons and across-seasons. Further, the competitive balance achieved within the three Negro Leagues was comparable to that of two Major Leagues. While there are many books, essays and research studies about the Negro Leagues, there is a paucity of empirical work within this rich body of literature. The present study seeks to add to this subset of research and provide further evidence of the reasons the leagues were well positioned to experience success (albeit short-lived).","PeriodicalId":45724,"journal":{"name":"Management & Organizational History","volume":"15 1","pages":"22 - 39"},"PeriodicalIF":0.6,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17449359.2020.1746347","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45177300","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-02DOI: 10.1080/17449359.2020.1808482
Keisuke Hori, Yusuke Hoshino, H. Shimizu
ABSTRACT Do apprenticeships enhance product quality? Whether guilds and apprenticeships have promoted technological change has been debated, but the issue remains unsettled because of the lack of data which allows us to empirically assess technological change by apprenticeships in the comparison with technological change by non-apprenticeships. By scrutinizing apprenticeships in the sake brewing industry and utilizing the national sake quality competition results and the master brewer list, this study examines to what extent the craftsmen trained through an apprenticeship enhanced or reduced product quality. The empirical results indicate that the training in apprenticeships actually decreases the probability of winning quality competitions, which indicates that apprenticeships do not improve product quality. Thus, we discuss why apprenticeships was a dominant form of training and learning, even if they had little bona fide utility for product quality. We show that brewers originally utilized apprenticeship-type practices adopted for migrant labor to reduce production costs. This study also shows that the breweries began to create a positive imagery associated with apprenticeships and sake quality from the 1980s even though apprenticeships actually reduce the probability of brewing high-quality sake.
{"title":"Apprenticeship and product quality: empirical analysis on the sake brewing industry","authors":"Keisuke Hori, Yusuke Hoshino, H. Shimizu","doi":"10.1080/17449359.2020.1808482","DOIUrl":"https://doi.org/10.1080/17449359.2020.1808482","url":null,"abstract":"ABSTRACT Do apprenticeships enhance product quality? Whether guilds and apprenticeships have promoted technological change has been debated, but the issue remains unsettled because of the lack of data which allows us to empirically assess technological change by apprenticeships in the comparison with technological change by non-apprenticeships. By scrutinizing apprenticeships in the sake brewing industry and utilizing the national sake quality competition results and the master brewer list, this study examines to what extent the craftsmen trained through an apprenticeship enhanced or reduced product quality. The empirical results indicate that the training in apprenticeships actually decreases the probability of winning quality competitions, which indicates that apprenticeships do not improve product quality. Thus, we discuss why apprenticeships was a dominant form of training and learning, even if they had little bona fide utility for product quality. We show that brewers originally utilized apprenticeship-type practices adopted for migrant labor to reduce production costs. This study also shows that the breweries began to create a positive imagery associated with apprenticeships and sake quality from the 1980s even though apprenticeships actually reduce the probability of brewing high-quality sake.","PeriodicalId":45724,"journal":{"name":"Management & Organizational History","volume":"15 1","pages":"40 - 64"},"PeriodicalIF":0.6,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17449359.2020.1808482","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41746543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-02DOI: 10.1080/17449359.2020.1769676
Andrew Hull, P. Scott
ABSTRACT Corporate archives represent the primary source material for business and management historians. Given that many of the most extensive and important business archives are held and managed by the corporations that generated them, maintaining corporate ‘buy-in’ to preserving records and making archives available to researchers is vital to our discipline. However, corporate archives have to justify their existence and are under increasing pressure to demonstrate the value of their function (and, by implication, their records). Meanwhile, corporate archivists often find it particularly difficult to assess, and demonstrate, the value of their collections for academics and other external stakeholders. This article discusses an initiative to provide academic evaluations of the archival resources of companies that were considering increasing the accessibility of their records for external users. The original idea was a response to a request from Marks and Spencer plc for an academic evaluation of their archives, the success of which led to similar evaluations for BT plc and Boots plc. We outline the criteria by which these firms’ archives were assessed, together with how the evaluations informed subsequent decisions regarding the future development of their archives, assisted the firms in gaining external accreditations for their heritage resources, and supported initiatives to boost access, either physically and/or online. We also briefly consider one further consequence of the increased investment in archival resources following these initiatives – the wider interest in, and use of, the archives within the companies concerned – to support a range of business functions and draw on the strengths of their heritage and corporate culture.
摘要企业档案是商业和管理历史学家的主要资料来源。鉴于许多最广泛、最重要的商业档案都由产生这些档案的公司持有和管理，维护公司对保存记录的“认可”并向研究人员提供档案对我们的学科至关重要。然而，公司档案必须证明其存在的合理性，并面临着越来越大的压力，要求证明其功能的价值（以及隐含的记录）。与此同时，企业档案管理员经常发现，评估和证明其藏品对学术界和其他外部利益相关者的价值特别困难。本文讨论了一项对正在考虑增加外部用户对其记录的可访问性的公司的档案资源进行学术评估的举措。最初的想法是对Marks and Spencer plc提出的对其档案进行学术评估的请求的回应，该请求的成功导致了对BT plc和Boots plc的类似评估。我们概述了评估这些公司档案的标准，以及评估如何为后续关于其档案未来发展的决定提供信息，帮助这些公司获得其遗产资源的外部认证，并支持促进实体和/或在线访问的举措。我们还简要考虑了这些举措后对档案资源投资增加的另一个后果——相关公司对档案的更广泛兴趣和使用——以支持一系列业务职能，并利用其传统和企业文化的优势。
{"title":"The ‘value’ of business archives: assessing the academic importance of corporate archival collections","authors":"Andrew Hull, P. Scott","doi":"10.1080/17449359.2020.1769676","DOIUrl":"https://doi.org/10.1080/17449359.2020.1769676","url":null,"abstract":"ABSTRACT Corporate archives represent the primary source material for business and management historians. Given that many of the most extensive and important business archives are held and managed by the corporations that generated them, maintaining corporate ‘buy-in’ to preserving records and making archives available to researchers is vital to our discipline. However, corporate archives have to justify their existence and are under increasing pressure to demonstrate the value of their function (and, by implication, their records). Meanwhile, corporate archivists often find it particularly difficult to assess, and demonstrate, the value of their collections for academics and other external stakeholders. This article discusses an initiative to provide academic evaluations of the archival resources of companies that were considering increasing the accessibility of their records for external users. The original idea was a response to a request from Marks and Spencer plc for an academic evaluation of their archives, the success of which led to similar evaluations for BT plc and Boots plc. We outline the criteria by which these firms’ archives were assessed, together with how the evaluations informed subsequent decisions regarding the future development of their archives, assisted the firms in gaining external accreditations for their heritage resources, and supported initiatives to boost access, either physically and/or online. We also briefly consider one further consequence of the increased investment in archival resources following these initiatives – the wider interest in, and use of, the archives within the companies concerned – to support a range of business functions and draw on the strengths of their heritage and corporate culture.","PeriodicalId":45724,"journal":{"name":"Management & Organizational History","volume":"15 1","pages":"1 - 21"},"PeriodicalIF":0.6,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17449359.2020.1769676","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45941775","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-02DOI: 10.1080/17449359.2020.1815548
N. Andersen
ABSTRACT This article provides a historical perspective on the relations between public organizations and function systems using Denmark as case. Current concepts like ‘public value’, ‘co-creation’, ‘relational coordination’ and ‘inter-professional management’ promises new coherence and shared communities in the single public organization. The present article argues that rather than building up communities the concepts function as a form of creative cutting. The concepts work by cutting up or at least loosening up previously given relations between public organizations and societal function systems. These are relations such as schools/the educational system, social work/the care system and hospitals/the health system. The concepts function in order to make relations between organizations and function systems a medium of potentialization. What is lost because of this is legal coherence and professional certainty.
{"title":"Potentialization: loosening up relations between public organizations and societal function systems","authors":"N. Andersen","doi":"10.1080/17449359.2020.1815548","DOIUrl":"https://doi.org/10.1080/17449359.2020.1815548","url":null,"abstract":"ABSTRACT This article provides a historical perspective on the relations between public organizations and function systems using Denmark as case. Current concepts like ‘public value’, ‘co-creation’, ‘relational coordination’ and ‘inter-professional management’ promises new coherence and shared communities in the single public organization. The present article argues that rather than building up communities the concepts function as a form of creative cutting. The concepts work by cutting up or at least loosening up previously given relations between public organizations and societal function systems. These are relations such as schools/the educational system, social work/the care system and hospitals/the health system. The concepts function in order to make relations between organizations and function systems a medium of potentialization. What is lost because of this is legal coherence and professional certainty.","PeriodicalId":45724,"journal":{"name":"Management & Organizational History","volume":"15 1","pages":"65 - 89"},"PeriodicalIF":0.6,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17449359.2020.1815548","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41605384","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-02DOI: 10.1080/17449359.2019.1683037
Sebastian Teupe
ABSTRACT How do laws change? The paper argues that under certain historical conditions ‘Schumpeterian rule-breaking’ has played a crucial role for understanding such change. If legal change is welcomed by large parts of society but the political system produces a stalemate, individual actors breaking the rules are able to change them at least in the long run. The paper explores the case study of ‘Blue Laws’ in the United States to discuss relevant factors for why these laws were abolished between the 1950s and 1980s. In contrast to established historical narratives it stresses the role of individual retailers. By doing so, the paper more generally proposes an alternative perspective to entrepreneurship and theories of institutional change. First, it departs from the concept of ‘evasive entrepreneurship’ by stressing contingent factors rather than calculative behavior on the part of entrepreneurs thus showing the possibility of legal rule-breaking being less instrumental than assumed. Second, it argues that entrepreneurial actions are an important supplement to ‘framing strategies’ and ‘collective action’ which figure prominently in the literature on institutional change.
{"title":"Breaking the rules: Schumpeterian entrepreneurship and legal institutional change in the case of ‘Blue Laws’, 1950s-1980s","authors":"Sebastian Teupe","doi":"10.1080/17449359.2019.1683037","DOIUrl":"https://doi.org/10.1080/17449359.2019.1683037","url":null,"abstract":"ABSTRACT How do laws change? The paper argues that under certain historical conditions ‘Schumpeterian rule-breaking’ has played a crucial role for understanding such change. If legal change is welcomed by large parts of society but the political system produces a stalemate, individual actors breaking the rules are able to change them at least in the long run. The paper explores the case study of ‘Blue Laws’ in the United States to discuss relevant factors for why these laws were abolished between the 1950s and 1980s. In contrast to established historical narratives it stresses the role of individual retailers. By doing so, the paper more generally proposes an alternative perspective to entrepreneurship and theories of institutional change. First, it departs from the concept of ‘evasive entrepreneurship’ by stressing contingent factors rather than calculative behavior on the part of entrepreneurs thus showing the possibility of legal rule-breaking being less instrumental than assumed. Second, it argues that entrepreneurial actions are an important supplement to ‘framing strategies’ and ‘collective action’ which figure prominently in the literature on institutional change.","PeriodicalId":45724,"journal":{"name":"Management & Organizational History","volume":"14 1","pages":"382 - 407"},"PeriodicalIF":0.6,"publicationDate":"2019-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17449359.2019.1683037","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42904958","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-02DOI: 10.1080/17449359.2019.1683036
N. Burton, D. Kavanagh, Martin Brigham
ABSTRACT This paper examines the effect of changes in corporate law in the mid-nineteenth century – incorporation and limited liability – on the ownership, control and socio-economic objectives of a Quaker family firm between 1841 and 1972. The Religious Society of Friends (Quakers) were well-known for adhering to internalized quasi-legal rules and self-governance, and had a strong reputation, which persists today, for trust, integrity and honesty in all business dealings. We read existing archival research on Quaker firm Huntley & Palmer (the biscuit manufacturer) against the grain to trace how incorporation and limited liability fundamentally changed its capital structure and the family’s control of the firm and which, in turn, led to a gradual weakening of its social ambitions. We argue that changes to the law are akin to changing the rules of the game within which players’ play, and we show how Quaker quasi-legal rules became subordinate to corporate law resulting in unexpected and non-trivial impacts that play out over long, longitudinal periods of time.
{"title":"Religion, organization and company law – a case study of a Quaker business","authors":"N. Burton, D. Kavanagh, Martin Brigham","doi":"10.1080/17449359.2019.1683036","DOIUrl":"https://doi.org/10.1080/17449359.2019.1683036","url":null,"abstract":"ABSTRACT This paper examines the effect of changes in corporate law in the mid-nineteenth century – incorporation and limited liability – on the ownership, control and socio-economic objectives of a Quaker family firm between 1841 and 1972. The Religious Society of Friends (Quakers) were well-known for adhering to internalized quasi-legal rules and self-governance, and had a strong reputation, which persists today, for trust, integrity and honesty in all business dealings. We read existing archival research on Quaker firm Huntley & Palmer (the biscuit manufacturer) against the grain to trace how incorporation and limited liability fundamentally changed its capital structure and the family’s control of the firm and which, in turn, led to a gradual weakening of its social ambitions. We argue that changes to the law are akin to changing the rules of the game within which players’ play, and we show how Quaker quasi-legal rules became subordinate to corporate law resulting in unexpected and non-trivial impacts that play out over long, longitudinal periods of time.","PeriodicalId":45724,"journal":{"name":"Management & Organizational History","volume":"14 1","pages":"317 - 336"},"PeriodicalIF":0.6,"publicationDate":"2019-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17449359.2019.1683036","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45459800","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-02DOI: 10.1080/17449359.2019.1683035
Thomas Storrs
ABSTRACT James J. Saxon sought to transform American banking as Comptroller of the Currency, the regulator of national banks, from 1961 to 1966. As a regulatory entrepreneur, he attempted to unleash what he perceived as overly regulated national banks in order to stimulate the American economy. Saxon impacted many small towns by chartering new banks and breaking up ‘Rotary Club cartels.’ He loosened many regulations, induced numerous banks to switch to national charters, and sparred with fellow regulators and Congress, but ultimately failed to implement much of his agenda. The half century that followed saw his vision realized as the American financial sector occupied a historically disproportionate fraction of the economy. Saxon marks an inflection point between aggressive New Deal financial regulation and the deregulatory movement leading up to the Great Recession. Saxon serves as an example of the dangers in zeal outstripping tact in efforts to effect organizational change. He also provides an anomalous example of a bureaucrat breaking from the stereotype of colorless evenhandedness. As memories of the Great Recession fade, Saxon serves as an example of the risks of a deregulatory process and the importance of a delivery mechanism for ideas for today’s bankers, regulators, and public officials.
从1961年到1966年，詹姆斯·j·撒克逊(James J. Saxon)作为国家银行的监管者，试图改变美国银行业。作为一名监管企业家，他试图释放他认为监管过度的国家银行，以刺激美国经济。撒克逊通过特许新银行和解散“扶轮社卡特尔”影响了许多小城镇。他放松了许多监管规定，促使众多银行转向全国性特许经营，并与其他监管机构和国会发生争执，但最终未能实现他的大部分计划。在随后的半个世纪里，他的愿景得以实现，美国金融业在经济中所占的比例达到了前所未有的不成比例。撒克逊标志着激进的新政金融监管和导致大衰退的放松监管运动之间的拐点。撒克逊是一个例子，说明在努力实现组织变革时，热情超过机智的危险。他还提供了一个反常的例子，说明一个官僚打破了毫无色彩的公平的刻板印象。随着人们对大衰退的记忆逐渐淡去，撒克逊成为了一个例子，说明了放松监管过程的风险，以及为当今的银行家、监管者和政府官员提供思想传递机制的重要性。
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Pub Date : 2019-10-02DOI: 10.1080/17449359.2019.1683034
Louis Pahlow, Michael C. Schneider
ABSTRACT Legal and global historical research, especially about the German Empire, has identified an increasing tendency to internationalize the rule making of economic and technical contexts. Also the international protection of intellectual property rights made progress, so it seemed. The Paris Convention of 1883 did not harmonize the different national patent regimes, but intended to facilitate the transnational flow of inventions by a coordinated system of application and novelty. The aim of our paper is to show this limited approach of the Paris convention during the decades to come from two angles: The discussion and growing pressure from the part of the German Industry toward joining the convention, and – after 1903 – the concrete dealing with the convention’s regulation, highlighted with a case study of the 1930s. It shows in detail the dealings between E. Merck, Darmstadt, and its US counterparts, when it came to secure priority rights in several European countries. The case studies show that an efficient transnational use of inventions could not really be achieved by the Paris convention, but rather by a self-regulative contract and patent management of the actors.
{"title":"Global flows of knowledge: expectations toward transnational regulatory aspects of intellectual property rights in the 20th century chemical industry","authors":"Louis Pahlow, Michael C. Schneider","doi":"10.1080/17449359.2019.1683034","DOIUrl":"https://doi.org/10.1080/17449359.2019.1683034","url":null,"abstract":"ABSTRACT Legal and global historical research, especially about the German Empire, has identified an increasing tendency to internationalize the rule making of economic and technical contexts. Also the international protection of intellectual property rights made progress, so it seemed. The Paris Convention of 1883 did not harmonize the different national patent regimes, but intended to facilitate the transnational flow of inventions by a coordinated system of application and novelty. The aim of our paper is to show this limited approach of the Paris convention during the decades to come from two angles: The discussion and growing pressure from the part of the German Industry toward joining the convention, and – after 1903 – the concrete dealing with the convention’s regulation, highlighted with a case study of the 1930s. It shows in detail the dealings between E. Merck, Darmstadt, and its US counterparts, when it came to secure priority rights in several European countries. The case studies show that an efficient transnational use of inventions could not really be achieved by the Paris convention, but rather by a self-regulative contract and patent management of the actors.","PeriodicalId":45724,"journal":{"name":"Management & Organizational History","volume":"14 1","pages":"350 - 365"},"PeriodicalIF":0.6,"publicationDate":"2019-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17449359.2019.1683034","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45610601","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-02DOI: 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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