Small and Medium Enterprises, Law and Business: Uncertainty and Justice

The law plays an ambiguous role in running business, as it can both tame uncertainties and generate them. This book discusses how small and medium enterprises use the law, abstain from using the law, and use alternative pathways to manage business uncertainties. It argues that the grand promise of modern law is not fully delivered, as it is a resource-hungry process that incentivises small businesses to settle for their legal problems and engage in informal and alternative strategies.

Format: Hardback
Length: 260 pages
Publication date: 23 June 2023
Publisher: Taylor & Francis Ltd

The law takes on a complex and multifaceted role in the realm of business operations. While legal tools can be employed to mitigate uncertainties, such as through the conclusion of contracts to ensure the enforcement of future claims, they can also introduce new uncertainties. These secondary uncertainties, stemming from vague rights and obligations, can be addressed through a variety of resources and strategies, including informal interactions, modifying business plans, or accepting the losses associated with unpaid dues. This book delves into the diverse approaches taken by small and medium enterprises (SMEs) in managing business uncertainties, encompassing their utilization of the law, avoidance of legal recourse, and exploration of alternative pathways. By examining these topics through an extensive qualitative and quantitative empirical study focused on justiciable issues, access to justice, and legal uncertainty among SMEs in Poland, the book expands upon the paradigmatic paths to justice methodology, which has proven successful in studying conflict resolution, access to justice, and the legal utilization of individuals across more than 30 jurisdictions. It argues that the grand promise of modern law, namely its ability to provide certainty, neutrality, and democracy in resolving problems and conflicts, falls short of its full realization. The book unveils how the conditions of a newly developed capitalism intertwined with the decline of the rule of law contribute to universal, structural challenges with access to justice. This means that accessing justice is a resource-intensive process, which incentivizes SMEs to settle their legal problems through informal and alternative strategies.

Weight: 650g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032151076