The purpose of this paper is to present a “manifesto” exploring a methodological approach to legal analysis, relying upon a morphological understanding of ideology.
Abstract
Purpose
The purpose of this paper is to present a “manifesto” exploring a methodological approach to legal analysis, relying upon a morphological understanding of ideology.
Design/methodology/approach
The authors explore ideology within law and legal culture. They examine one such ideology – rule of law – and consider how this can shape judicial decision-making. They suggest techniques by which such influences can be identified.
Findings
The authors make four findings. First, following Freeden, ideology can be understood as a ubiquitous form of political thinking which seeks to fix the meanings of essentially contested concepts. Second, ideology in this sense forms an important part, but is distinguishable from the wider notion of legal culture. Considering ideology in law as a sub-system of legal culture can therefore be fruitful in providing a rich understanding of interpretive disagreements among the judiciary. Third, rule of law as an ideal is itself ideological, as it comprises contested concepts such as certainty, equality, stability and legality. It can be considered to constitute an internal ideology of law and it can be analysed how the concepts are de-contested in individual decisions. Finally, understanding this can help in the analysis of judgments in areas with high levels of administrative discretion and political contestation, such as planning and environmental law, as it helps us to understand how any particular judge sees the role of the court in its wider political context.
Originality/value
The originality of the authors’ approach lies in the drawing together of methodological techniques and understandings of ideology in, and in relation to, law.
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Colin Donaldson and Jorge Villagrasa
This chapter seeks to provide an overview of the role that culture plays in the effective governance and sustainability of an entrepreneurial ecosystem (EE). In particular, the…
Abstract
This chapter seeks to provide an overview of the role that culture plays in the effective governance and sustainability of an entrepreneurial ecosystem (EE). In particular, the authors draw upon their own experience at “Marina de Empresas” (MdE), an EE located in Valencia (Spain). MdE is an emerging and exciting EE that provides a unique context. Within the same complex, an entrepreneurial university, an incubator and accelerator (Lanzadera), and an entrepreneurial financing company (Angels) are all co-located. Thus, in one locality, the complete cycle of entrepreneurship is covered. Through an embedded case study methodology and using semi-structured interviews carried out with multiple key stakeholder’s insights are generated into the distinctive culture that the ecosystem holds. In so doing, the impact of entrepreneurial values, entrepreneurial spaces, and entrepreneurial practices, are considered in relation to how they can influence ecosystem functioning. The aim is to provide comprehension toward the transcending value that culture emits across an entrepreneurial community. The findings are relevant to entrepreneurs, incubators, accelerators, and the policy makers.
– The purpose of this paper is to analyse the obligations imposing localism and the presumption in favour of sustainable development in English planning law.
Abstract
Purpose
The purpose of this paper is to analyse the obligations imposing localism and the presumption in favour of sustainable development in English planning law.
Design/methodology/approach
The paper uses doctrinal analysis to examine section 38 PCPA 2004 and the NPPF to assess whether the obligations are coherent when considered as stand-alone obligations, and whether they are compatible when combined. Case law and the statutory provisions are examined to assess this. Planning theory is also examined to bring a multidisciplinary focus to the analysis.
Findings
The paper concludes that there are problems with these legal obligations when considered as stand-alone obligations. There is imprecision over the meaning of key terms; the “presumptions” established do not operate as true presumptions; and there is an ambiguity as to the hierarchy of norms and the allocation of decision-making control. When combined, the incoherence increases. It is argued that this occurs thanks to underlying disagreements in key concepts in planning theory.
Originality/value
This paper examines the new structures of planning law introduced under the Localism Act 2011 and the NPPF and considers how this structure works in practice. It does so from the multidisciplinary viewpoint of planning law and planning theory and links these two approaches. This is not replicated elsewhere in the literature. It considers in detail the ensuing case law, and the contradictions that appear. Again, there is little surveying the overall framework of planning law in the UK.
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This paper aims to present a study of the role of prior start‐up experience as a source of learning in the entrepreneurial process. Three learning outcomes are examined with…
Abstract
Purpose
This paper aims to present a study of the role of prior start‐up experience as a source of learning in the entrepreneurial process. Three learning outcomes are examined with respect to a comparison between habitual and novice entrepreneurs: skills for coping with liabilities of newness, preference for effectual reasoning, and attitudes towards failure.
Design/methodology/approach
This is an empirical study based on statistical analysis conducted on a sample of 231 Swedish entrepreneurs that have started a new independent firm in 2004.
Findings
The findings suggest that habitual and novice entrepreneurs differ significantly with regard to several interesting aspects of the hypothesized dimensions.
Research limitations/implications
The findings provide a better understanding of start‐up experience as a source of learning and its effects on the skills, preferences and attitudes of habitual entrepreneurs.
Originality/value
Previous research has suggested that prior start‐up experience is an important source of entrepreneurial learning, but has not put much effort into explaining how this particular type of experience influences various learning outcomes on an individual level. The present study advances these suggestions by showing how prior start‐up experience influences entrepreneurs' skills for coping with liabilities of newness, effectual reasoning and attitudes towards failures. Moreover, the study contributes to existing literature and research on entrepreneurial learning by developing explorative measures of individual learning outcomes that have been highlighted as influenced by prior experience in recent entrepreneurship research.
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Amir Emami, Shayegheh Ashourizadeh and Mark D. Packard
The novel coronavirus (nCoV) pandemic, and the challenges of social distancing, proffer a unique opportunity to re-explore the role of social network support in entrepreneurship…
Abstract
Purpose
The novel coronavirus (nCoV) pandemic, and the challenges of social distancing, proffer a unique opportunity to re-explore the role of social network support in entrepreneurship. Applying social support theory and gender schema theory, this study aims to examine the gender-based differences in prospective entrepreneurs' reliance on their social networks in their entrepreneurial journey amid social turmoil.
Design/methodology/approach
The authors collected two-stage primary survey data of prospective entrepreneurs within the pandemic's timeframe from Science and Technology Parks in Iran, one of the first countries to deal with the first, second and third waves of the 2019-nCoV virus.
Findings
The findings demonstrate that female entrepreneurs rely more strongly on their social network support for guidance and encouragement, which positively affects their opportunity intention. While this effect is also seen in men, the effect size is smaller. Also, prospective female entrepreneurs were generally more dissuaded from opportunity intention by the severe perceived environmental uncertainty of the crisis than were men.
Originality/value
Prior research on the interaction between social network support and opportunity intentions has been examined in the context of socio-economic normalcy. The authors test whether, how and why these interactions hold in times of crisis, with especial attention to the mechanisms of experienced stress, perceived environmental uncertainty and idea innovativeness.
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Extant literature on entrepreneurial cognition declares that entrepreneurs who are confident in their ability to design a new business perform better than entrepreneurs who lack…
Abstract
Extant literature on entrepreneurial cognition declares that entrepreneurs who are confident in their ability to design a new business perform better than entrepreneurs who lack such a self-perception of efficacy. This is swagger. A different set of literature, including Discovery-Driven Planning, Design Thinking, and Lean Startup Method, recommends that entrepreneurs create, confirm, or reject hypotheses to design and refine the specific elements of their business model. This is the scientific method.
This article used survey data from 353 participants in an international business pitch competition to connect these two literatures. We found that the number of hypotheses that the entrepreneur elucidated and confirmed were linked to business model performance. Counter-intuitively, the number of hypotheses rejected by the entrepreneur showed the strongest relationship to success. We found no significant relationship between the number of interviews that an entrepreneur conducted and the business model’s performance: more effort was not always helpful.
Although we found no direct connection between an entrepreneur’s self-efficacy in searching for a new idea and the business model’s eventual success, entrepreneurs with high levels of this narrow form of self-confidence were more likely to perform the constructive actions of elucidating, confirming, and rejecting hypotheses. In summary, swagger leads to science, and science leads to success.