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Institutions and OrganizationsA Process View$
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Trish Reay, Tammar B. Zilber, Ann Langley, and Haridimos Tsoukas

Print publication date: 2019

Print ISBN-13: 9780198843818

Published to Oxford Scholarship Online: August 2019

DOI: 10.1093/oso/9780198843818.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 03 December 2020

Making and Regulating Business Judgment

Making and Regulating Business Judgment

Judicial Practice, Logics, and Orders

(p.174) 11 Making and Regulating Business Judgment
Institutions and Organizations

Terry McNulty

Abigail Stewart

Oxford University Press

Chapter 11 is about judicial practice in litigation brought against directors of a company, Continental Assurance of London (Continental). The chapter utilizes the “judgment,” a contemporaneous text of the legal ruling in which the judge explains the reasoning behind his decision. By drawing on a judge’s narrative account, and combining it with social, organizational, and legal theorizing, the chapter demonstrates how individual action is connected to societal order through mechanisms of practice and logics. This processual analysis of judicial practice is valuable for the development of practice theorizing that has been criticized for an inability to handle big topics, as well as the development of micro-foundations of institutional theory.

Keywords:   practice, institutional logics, business judgment, directors, courts

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