Legal Intermediation

A Processual Approach to Law and Economic Activity

Austin Sarat
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Hardback
9781838678609
22 October 2019
$111.99
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9781838678593
22 October 2019
$111.99
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9781838678616
22 October 2019
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  • Description
  • Contents
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  • About
This volume of Studies in Law, Politics and Society considers the crucial role played by intermediaries, such as companies and lawyers, in the legal system.
In this special issue, scholars from different disciplines find that, in some instances, legal intermediation can succeed in fulfilling the initial goals of regulation. However, in re-evaluating the role of the legal devices that organizations set up to comply with regulation, this volume also illustrates their diverse impact on legality and legal consciousness in organizations and in economic life.
With a broad range of case studies covering anti-discrimination law, financial rules, competition law, labour law and health and safety procedures, this European-focused volume makes an important contribution to the scholarship in this field.

Introduction: The Microfoundations of Legal Intermediation in Organizational Contexts; Sebastian Billows, Lisa Butcher and Jérôme Pélisse Chapter 1.  "Companies Can Do Better Than the Law" Securing Rights for Minorities as an Insider Activist in French Corporations; Lisa Butcher   Chapter 2. When Legal Intermediation Creates Distrust of the Law: The Market for Tax Rebates in French Real Estate; Camille Herlin-Giret and Alexis Spire   Chapter 3. A Multi-level Approach To Legal Intermediation: The Case Of The 12-hour Work Derogation In French Public Hospitals; Fanny Vincent  Chapter 4. Varieties of Legal Intermediaries. When Non-Legal Professionals Act as Legal Intermediaries; Jérôme Pélisse  Chapter 5. Dismantling Managerial Values. When Law's Ambiguity Meets Organizational Complexity; Alina Surubaru   Chapter 6. Contracts as Compliance Mechanisms: Legal Intermediation and the Failure of French Retail Regulation; Sebastian Billows

    This volume presents seven essays by business and other researchers from Europe, who discuss legal intermediation using a contingent and processual approach that challenges the current portrayal of legal intermediaries by studying actors who are neither legal professionals nor corporate managers but influence the interpretation of the law; emphasizes the multiple roles of legal devices in shaping compliance or noncompliance; uses an intra-organizational and intra-industry perspective, rather than a field-based perspective; and investigates the relationship between law and economic activity within countries outside of the US and in areas of regulation other than anti-discrimination law. Essays address how activists can move corporate laws beyond compliance, using the example of LGBT and Muslim activists in French corporations; the devices professionals use to rely on the law in terms of tax rebates in French real estate and how this creates distrust toward the law; the 12-hour work legal mechanism of derogation in French public hospitals; nonlegal professionals acting as legal intermediaries; the relationship between the law’s ambiguity and organizational complexity; and contracts as compliance mechanisms in French retail regulation.

    - Copyright 2019
    Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College, USA. He is also a Five College Fortieth Anniversary Professor. He has written, co-written, or edited more than fifty books in the fields of law and political science.