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The Legalistic Organization brings together first-rate scholars from a variety of disciplines (law, sociology, management, economics, communication, and political science) to investigate this phenomenon from the perspectives of formal procedures, decision-making criteria, and the use of legal rhetoric within organizations.
This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees. Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees. Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments.
It’s a common complaint: the United States is overrun by rules and procedures that shackle professional judgment, have no valid purpose, and serve only to appease courts and lawyers. Charles R. Epp argues, however, that few Americans would want to return to an era without these legalistic policies, which in the 1970s helped bring recalcitrant bureaucracies into line with a growing national commitment to civil rights and individual dignity. Focusing on three disparate policy areas—workplace sexual harassment, playground safety, and police brutality in both the United States and the United Kingdom—Epp explains how activists and professionals used legal liability, lawsuit-generated publicity, and innovative managerial ideas to pursue the implementation of new rights. Together, these strategies resulted in frameworks designed to make institutions accountable through intricate rules, employee training, and managerial oversight. Explaining how these practices became ubiquitous across bureaucratic organizations, Epp casts today’s legalistic state in an entirely new light.
This collection of essays deals with the situated management of risk in a wide variety of organizational settings - aviation, mental health, railway project management, energy, toy manufacture, financial services, chemicals regulation, and NGOs. Each chapter connects the analysis of risk studies with critical themes in organization studies more generally based on access to, and observations of, actors in the field. The emphasis in these contributions is upon the variety of ways in which organizational actors, in combination with a range of material technologies and artefacts, such as safety reporting systems, risk maps and key risk indicators, accomplish and make sense of the normal work of managing risk - riskwork. In contrast to a preoccupation with disasters and accidents after the event, the volume as whole is focused on the situationally specific character of routine risk management work. It emerges that this riskwork is highly varied, entangled with material artefacts which represent and construct risks and, importantly, is not confined to formal risk management departments or personnel. Each chapter suggests that the distributed nature of this riskwork lives uneasily with formalized risk management protocols and accountability requirements. In addition, riskwork as an organizational process makes contested issues of identity and values readily visible. These 'back stage/back office' encounters with risk are revealed as being as much emotional as they are rationally calculative. Overall, the collection combines constructivist sensibilities about risk objects with a micro-sociological orientation to the study of organizations.
These essays seek to re-locate the relationship between the traditional concerns of legal theory and the sociology of law by establishing a consistent theoretical approach to the analysis of law in contemporary Western societies.
On July 1, 2010, Prof. Dr. Anton van Kalmthout retired as a professor of the chair for 'Deprivation of Liberty in Criminal Law and Migration Law' at Tilburg University in the Netherlands. The Department of Criminal Law felt the need to honor van Kalmthout's emeritus status and recognize his contribution to legal science, in particular to the field of criminal law and migration law. This festschrift contains 23 contributions by authors who all have a personal and professional relationship with Anton van Kalmthout. The contributions include: Migrants' Choice for a Voluntary Return from Detention * Drug Policies in Europe * Exclusion of Ex-KhAD/WAD Members in the Netherlands * Entry, Return, Detention: Different Standards in Judicial Protection? * The Association Internationale de Droit Penal and the Establishment of the International Criminal Court * Where Do We Go from Here? Current Trends in Developing Juvenile Justice in Europe * Foreign Prisoners and Probation: To Discriminate or Not? * Introduction of the New York Double Strategy to Control Organized Crime in the Netherlands and the European Union * Special Minimum Sentences and Community Service in Contemporary Dutch Criminal Law * A Letter to Anton * Food for Thought: The CPT and Force-feeding of Prisoners on Hunger Strike * Implementation of Framework Decisions on the Enforcement of Foreign Criminal Judgments: (How) Can the Aim of Resocialization Be Achieved? * Deprivation of Illegally Obtained Advantage and the Shifting Burden of Proof * Sex at Catholic Boarding Schools and in Other Situations of Dependence * Just a Question of Decency * The Requirement of the Offender's Consent to Community Service * About the Human Rights Success Stories of the Council of Europe: Some Reflections on the Impact of the CPT upon the Case-Law of the European Court of Human Rights * A God Without Speech: Notes from Limbo * Evaluation of Closed Criminal Cases in the Netherlands: A Unique Experiment * Recent Developments on Euthanasia in the Netherlands after the Adoption of the 2001 Termination of Life on Request and Assistance in Suicide (Review Procedures) Act * The Protection of Detainees in Police Cells in the Netherlands Antilles and the Role of the CPT * A Humane Rule of Law * Release from Life Imprisonment: A Comparative Note on the Role of Pre-Release Decision Making in England and Germany
Organization scholars have long acknowledged that control processes are integral to the way in which organizations function. While control theory research spans many decades and draws on several rich traditions, theoretical limitations have kept it from generating consistent and interpretable empirical findings and from reaching consensus concerning the nature of key relationships. This book reveals how we can overcome such problems by synthesising diverse, yet complementary, streams of control research into a theoretical framework and empirical tests that more fully describe how types of control mechanisms (e.g., the use of rules, norms, direct supervision or monitoring) aimed at particular control targets (e.g., input, behavior, output) are applied within particular types of control systems (i.e., market, clan, bureaucracy, integrative). Written by a team of distinguished scholars, this book not only sheds light on the long-neglected phenomenon of organizational control, it also provides important directions for future research.
Labeling a person, institution or particular behavior as “corrupt” signals both political and moral disapproval and, in a functioning democracy, should stimulate inquiry, discussion, and, if the charge is well-founded, reform. This book argues, in a set of closely related chapters, that the political community and scholars alike have underestimated the extent of corruption in the United States and elsewhere and thus, awareness of wrong-doing is limited and discussion of necessary reform is stunted. In fact, there is a class of behaviors and institutions that are legal, but corrupt. They are accepted as legitimate by statute and practice, but they inflict very real social, economic, and political damage. This book explains why it is important to identify legally accepted corruption and provides a series of examples of corruption using this perspective.
This comprehensive text provides a detailed review and analysis of the building-block theories in the macro-organizational behavior field. John Miner has identified the key theories that any student or scholar needs to understand to be considered literate in the discipline. Each chapter includes the background of the theorist represented, the context in which the theory arose, the initial and subsequent theoretical statements, research on the theory by the theory's author and others (including meta-analysis and reviews), and practical applications. Special features, including boxed summaries of each theory at the beginning of each chapter; two introductory chapters on the scientific method and the development of knowledge; and detailed, comprehensive references, help make this text especially useful for every student and scholar in the field.
This book aims to present concepts, knowledge and institutional settings of arts management and cultural policy research. It offers a representation of arts management and cultural policy research as a field, or a complex assemblage of people, concepts, institutions, and ideas.