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In chapter 8 we discussed the defects of consent, whereas here we shall dive deeper into the effects of defects in general. Before doing so, we need to lay the foundations by which to evaluate the legal impact of each defect on civil and commercial contracts. It will be recalled that under the civil law tradition, contracts are predicated on three general pillars, namely: (i) consent, consisting of offer, acceptance and intention to be legally bound; (ii) subject-matter; and (iii) cause. In addition there might, but not necessarily, exist two further requirements (special pillars), namely: (iv) form and (v) delivery.
This chapter deals with the formation of contracts under the civil code and shows that the process is effectively the same as in Western legal systems, requiring an offer and a corresponding acceptance, as well as common intention among the parties.
Chapter 3 plays out a philosophical engagement with organization and technology following Martin Heidegger’s well-known association of industrialization with technological enframing in which the question of self-knowing had been thoroughly and perhaps irredeemably concealed. Were it possible to ask such a question, then Heidegger identifies an essential un-at-homeness to the being (Dasein) able to question its condition of being, its ‘thereness’, thereby setting in play an uncanny condition of being able, in principle (qua being human), to dis-conceal one’s essence, and yet continually falling short of ever doing so. It is this uneasy revealing that sets the scene for our investigation of the self in its environment. It is because of his essentialized association of technology, industrialization and the concealing of being that Heidegger equates the possibility of its being unconcealed with a political movement that pushes back at the global order, and restores a more archaic, human-centred version. The profound and horrific irony being that it was in totalitarian national socialism that he found such a movement, an enduring affiliation that has been unmoored in detail in his Black Notebooks.
In the previous chapter, we examined the notion of capacity and legal personality under the Qatari civil and commercial law. In general, article 108 CC conflates capacity and consent by stating that consent (to contract) is only valid in respect of entities that possess capacity under the law. Overall, the law distinguishes between persons with full legal capacity and those with partial or no legal capacity. Persons with limited capacity may contract through a guardian and in limited circumstances not involving a significant financial commitment they are free to contract without guardianship. Entities with full capacity may freely contract in their person.
This Element synthesizes the current state of research on organizational social networks from its early foundations to contemporary debates. It highlights the characteristics that make the social network perspective distinctive in the organizational research landscape, including its emphasis on structure and outcomes. It covers the main theoretical developments and summarizes the research design questions that organizational researchers face when collecting and analyzing network data. Then, it discusses current debates ranging from agency and structure to network volatility and personality. Finally, the Element envisages future research directions on the role of brokerage for individuals and communities, network cognition, and the importance of past ties. Overall, the Element provides an innovative angle for understanding organizational social networks, engaging in empirical network research, and nurturing further theoretical development on the role of social interactions and connectedness in modern organizations.
We find that male participants in Harvard Business School’s New Venture Competition who were randomly exposed to more venture capital (VC) investors on their panel were substantially more likely to start a VC-backed startup post-graduation, indicating that access to investors impacts fundraising independent of the quality of ideas. However, female participants experience no benefit from exposure to male or female venture capitalists (VCs), which appears related to a reduced propensity to reach out to VCs to whom they were exposed. Our results therefore also demonstrate gender-based differences in the degree to which increased exposure to investors can address networking frictions in venture capital.
The bulk of Management and Organization Studies deals with time as organization. Time is performed, organized, enacted, and as such is a locus of power. In this edited book, we stress the importance of organization as time. Time is an organizing force. The happening and becoming of collective activity, its technologies, its images, keep empowering, dominating or (more rarely) emancipating the fragile and ephemeral subjectivities of our world. The turn to digitality in all aspects of contemporary life has made the organizing power of time more pervasive than ever. How to describe organization as time? How to explore the relationship between becoming, duration, images, events, non-events or historicity and their relationships with power and emancipation? These are the rich and varied challenges seized by this book by a team of leading scholars interested in time and temporality in the context of management and organization.
Greater labor migration can establish more channels for information flows, directly contributing to faster economic growth and improved innovation and work. It can also expand international remittances, which can be invested by recipient households in home countries in education, entrepreneurship, and improved and sustainable agricultural technologies. At the same time, however, increased emigration of medical professionals and technical workers from poor countries can reduce quality of local services, innovation, health status, and productivity. This analysis attempts to quantify the economic benefits and costs of permitting an immediate 10% increase in the bilateral migration of skilled workers (physicians, engineers or science, engineering, technology, and mathematics workers, and other persons with advanced educations) among the nations of the African Continental Free Trade Area and, more broadly, among 25 global regions. Economic benefits include higher migrant incomes abroad, welfare gains in destination countries associated with higher economic efficiency, spillover productivity gains, and an improved ability of the younger and more skilled working force to support the needs of the wider population, resulting in higher national production. Benefits in source countries include productivity enhancements from two sources: (a) greater access to knowledge associated with more bilateral trade and investment and (b) the ability of local households to invest remittances in productivity-enhancing activities. Welfare losses in source nations include static efficiency reductions and a worsened demographic support capability. In Africa, the benefit-cost ratios range from 3.7 to 6.9; in the global analysis, 17 to 38.
In February 2020, following a decade-long struggle for justice, a determined group of displaced Cambodian farmers and two advocacy organizations (Inclusive Development International and Equitable Cambodia) reached a landmark agreement with the Australia New Zealand Banking Group (ANZ) to provide a financial pay-out to the farmers for their suffering. The agreement set an important human rights precedent for the global banking industry. It was the first time known that a commercial bank made a financial contribution to remediate harms caused by one of its corporate customers, after acknowledging that its human rights due diligence had been inadequate.1 The case was also a rare example of a community receiving financial compensation through the Organization for Economic Cooperation and Development (OECD)’s voluntary system of corporate accountability (the OECD’s National Contact Points or NCPs). While the final outcome was positive, its singularity and the immense effort, tenacity and resources required in obtaining it, demonstrate both what is wrong with this corporate accountability system and what reforms are needed to reach its potential to advance greater business respect for human rights.
This study examines the organization impression management (OIM) tactics used in agri-food cooperatives to communicate their intentions toward sustainable development. Based on content analysis of the chairperson and CEO statements of 14 agri-foods cooperatives from six years' annual reports, this study sheds light on the role of member-owned firms in shifts toward realizing the United Nations Sustainable Development Goals (SDGs). The paper proposes multistakeholder OIM tactics. These insights about sustainable development extend knowledge of how senior managers communicate their intentions in multistakeholder situations, which include shareholders, suppliers, customers, and local communities. This study contributes to the literature on organizational impression management and member-owned firms. Managerial implications are also outlined.
Based on the fundamental principles of social identity theory, this study examines how inclusive leadership can help build employees' organizational identification, stimulate leader-directed helping behavior, and improve task performance by facilitating insider status and relational coordination. Furthermore, we explored how these relationships are conditional on the synergy diversity climate in a moderated mediation model. We collected temporally segregated data (n = 300) from employees in diverse workforces at three time intervals with a 2-week gap between intervals. The results support the indirect effects of inclusive leadership on employee outcomes through the development of perceived insider status and relational coordination. Additionally, these indirect effects are more pronounced at higher levels of a synergy diversity climate. In conclusion, our study offers critical insights into the diversity and leadership literature by answering why and under what conditions an inclusive leader can generate favorable employee outcomes.
This piece aims to assess the potential contribution and the scope and structure of a Catalan Centre for Business and Human Rights to supervise the fulfilment of the corporate responsibility to respect human rights and to hold businesses operating in Catalonia accountable for human rights abuses within the autonomous community and abroad. It also examines how this proposal fits into the regional and national regulatory landscape for mandatory human rights due diligence.
We document the unique structure of the peer-to-peer lending market. Originally designed as decentralized, the market has become highly, but not fully, reintermediated. The platforms’ software now performs essentially all tasks related to loan evaluation, whereas most lenders are passive and automatically fund most applications on offer. Yet unlike banks, and in contrast to theories predicting full reintermediation, the platforms provide detailed loan information, and some active loan pickers coexist with passive investors. We argue that while intermediation attracts unsophisticated passive investors, transparency in the presence of active investors resolves the lending platform’s moral hazard problem inherent in intermediated markets.