{"title":"运用法律的创造力促进组织知识的创造","authors":"J. H. Ritter","doi":"10.1080/20414005.2021.1978204","DOIUrl":null,"url":null,"abstract":"ABSTRACT Economic organisations rely on processes of organisational knowledge creation in order to gain strategic intelligence, namely the ability to master their chaotic, complex reality. These processes depend critically upon the enactment of organisational models. The article argues that it is precisely from the perspective of knowledge creation that the function of the law of the economic organisation can be understood, leaving room for a reconsideration of the ‘the human problem of corporate (ir)responsibility’. Legal knowledge creation supports its organisational counter-part by supplying legal concepts from which organisational models can be unravelled. In the context of a legal analysis of networks, the legal knowledge creation consists in evolutionary processes that transform the legal concepts of juridical personhood and contract in the ‘light of the network context’. In identifying constellations of a co-extensiveness of organisational and legal knowledge creation the theoretical framework demonstrates the possibility for legal modulation of organisational knowledge creation.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"12 1","pages":"177 - 195"},"PeriodicalIF":0.0000,"publicationDate":"2021-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Engaging the creativity of law for organisational knowledge creation\",\"authors\":\"J. H. Ritter\",\"doi\":\"10.1080/20414005.2021.1978204\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT Economic organisations rely on processes of organisational knowledge creation in order to gain strategic intelligence, namely the ability to master their chaotic, complex reality. These processes depend critically upon the enactment of organisational models. The article argues that it is precisely from the perspective of knowledge creation that the function of the law of the economic organisation can be understood, leaving room for a reconsideration of the ‘the human problem of corporate (ir)responsibility’. Legal knowledge creation supports its organisational counter-part by supplying legal concepts from which organisational models can be unravelled. In the context of a legal analysis of networks, the legal knowledge creation consists in evolutionary processes that transform the legal concepts of juridical personhood and contract in the ‘light of the network context’. In identifying constellations of a co-extensiveness of organisational and legal knowledge creation the theoretical framework demonstrates the possibility for legal modulation of organisational knowledge creation.\",\"PeriodicalId\":37728,\"journal\":{\"name\":\"Transnational Legal Theory\",\"volume\":\"12 1\",\"pages\":\"177 - 195\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-04-03\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Transnational Legal Theory\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/20414005.2021.1978204\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Transnational Legal Theory","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20414005.2021.1978204","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Engaging the creativity of law for organisational knowledge creation
ABSTRACT Economic organisations rely on processes of organisational knowledge creation in order to gain strategic intelligence, namely the ability to master their chaotic, complex reality. These processes depend critically upon the enactment of organisational models. The article argues that it is precisely from the perspective of knowledge creation that the function of the law of the economic organisation can be understood, leaving room for a reconsideration of the ‘the human problem of corporate (ir)responsibility’. Legal knowledge creation supports its organisational counter-part by supplying legal concepts from which organisational models can be unravelled. In the context of a legal analysis of networks, the legal knowledge creation consists in evolutionary processes that transform the legal concepts of juridical personhood and contract in the ‘light of the network context’. In identifying constellations of a co-extensiveness of organisational and legal knowledge creation the theoretical framework demonstrates the possibility for legal modulation of organisational knowledge creation.
期刊介绍:
The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.