Invisible Institutionalisms

Taking its cue from theoretical and ideological calls to challenge globalisation as a dynamic of homogenisation – and resistance – as led from, and directed against, the Global North, this volume asks: what can we see when we shift the lens beyond a North–South binary? Based on empirical studies of 'frontier-zones' of legal globalisation in India, Pakistan and Latin America, the book adopts an original format. Framed as a relational dialogue between newer as well as more prominent scholars within the field, from various cores through to postcolonial academic peripheries, it questions structural variables in the shadows of legal globalisation and how we as scholars build a space for critique.

This book investigates cases in which national and international activities have gone massively wrong, entailing seriously negative consequences, and in which the sophisticated analytical models of social science have ceased to be helpful. Illustrations range from the global financial crisis to the failure to achieve speedy systemic change in the former Soviet Union and the failure to achieve development in the Third World. The analysis uses as a backdrop long-term Russian history and short-term Russian encounters with unrestrained capitalism to develop a framework that is based in the so-called new institutionalism. Understanding the causes of systemic failure is shown to require an approach that spans across the increasingly specialized subdisciplines of modern social science. Demonstrating that increasing theoretical sophistication has been bought at the price of a loss of perspective and the need for sensitivity to the role of cultural and historical specificity, the book pleads the case for a new departure in seeking to model the motives for human action.

The book addresses the problem of institutionalised order in modern capitalist societies with highly developed division of labour. Via thorough critique and reconstruction of neo institutionalist theory, classical social theories, and critical ideology theory, The Invisible Order introduces the first relational theory of social institutions to explain in detail how individuals end up encountering institutions as objective. Thus synthesising integrative and conflicting social relations, the work calls into question deeply rooted understandings in which society is variously construed as spontaneous equilibrium, solely conflict-driven, or a set of agent-based constructions. It offers a new take on the age-old questions of classical and critical social theory and on the fundamentals of institutional and organisational theory alike. This timely and useful relational examination of social institutions reveals how complex societies can keep functioning even though their orders are constantly contradicted by multiple disordering endeavours and tendencies.

Out of Place demonstrates how identity and positionality influence research design and methods in law and society.

In its own words, the mission of the International Competition Network (the ICN) is to advocate the adoption of "superior standards and procedures in competition policy around the world, formulate proposals for procedural and substantive convergence, and seek to facilitate effective international cooperation to the benefit of member agencies, consumers and economies worldwide." ICN members include nearly all competition authorities (NCAs) from around the world (over 100 of them). Since its inception, the ICN has also sought to enrich its discussions and outputs through the inclusion of non-governmental advisors (NGAs), principally large multi-nationals and the legal and economic professions. The ICN is a transnational network, set up by its members, largely without wider state input. This book hypothesises that the ICN's formally neutral structures provide powerful influence mechanisms for strong NCAs and NGAs, over the weak; and 'competition experts' over wider state interests, discussing the legitimacy of this from a political and legal theory perspective, analysing the ICN's effectiveness and efficiency, and suggesting ways that the ICN can improve all three. This study has important implications for the ICN itself, particularly as it launches its 'Third Decade Project', billed as a full self-evaluation. However, the story told here is also relevant to states and the wider regulatory community, due to the widespread use of transnational networks.

Exploring the unintentional production of seemingly feminist outcomes In India, elite law firms offer a surprising oasis for women within a hostile, predominantly male industry. Less than 10 percent of the country’s lawyers are female, but women in the most prestigious firms are significantly represented both at entry and partnership. Elite workspaces are notorious for being unfriendly to new actors, so what allows for aberration in certain workspaces? Drawing from observations and interviews with more than 130 elite professionals, Accidental Feminism examines how a range of underlying mechanisms—gendered socialization and essentialism, family structures and dynamics, and firm and regulatory histories—afford certain professionals egalitarian outcomes that are not available to their local and global peers. Juxtaposing findings on the legal profession with those on elite consulting firms, Swethaa Ballakrishnen reveals that parity arises not from a commitment to create feminist organizations, but from structural factors that incidentally come together to do gender differently. Simultaneously, their research offers notes of caution: while conditional convergence may create equality in ways that more targeted endeavors fail to achieve, “accidental” developments are hard to replicate, and are, in this case, buttressed by embedded inequalities. Ballakrishnen examines whether gender parity produced without institutional sanction should still be considered feminist. In offering new ways to think about equality movements and outcomes, Accidental Feminism forces readers to critically consider the work of intention in progress narratives.