Simon Deakin
Dados Biográficos
| ID | 3604471 |
|---|---|
| NOME | Simon Deakin |
| PRENOMES | Simon |
| SOBRENOME | Deakin |
| ASSINATURA | DEAKIN S |
| AFILIAÇÕES | University of Cambridge |
| ORCID | 0000-0002-1725-5216 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 44 |
| TOTAL DE CITAÇÕES | 68 |
| TOTAL COMO AUTOR | 43 |
| TOTAL COMO EDITOR | 1 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1991 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2025 |
| ÍNDICE H | 5 |
What do populists do once in office? The impact of populist governments on labour and corporate laws
Contemporary populism is widely understood as a response to rising inequality and insecurity engendered by the neoliberal reshaping of labour and financial markets since the 1980s. Less is known about what populist governments do once in office. To address this question, we undertake a cross-national study which combines recently created datasets on populism and legal change. We find that populist governments, compared to non-populist ones, stren…
Exploring computational approaches to law
The use of natural language processing (NLP) and machine learning (ML) to analyse the structure of legal texts is a fast‐growing field. While much attention has been devoted to the use of these techniques to predict case outcomes, they have the potential to contribute more broadly to research into the nature of legal reasoning and its relationship to social and economic change. In this article, we use recently developed NLP and ML methods to test…
Private Law and the New Social Question
This review of Grundmann, Micklitz and Renner’s New Private Law Theory begins by noting its historical perspective, and the fruitfulness of setting alongside each other seminal writings of European jurists from the early twentieth century with the contributions of American law and economics and critical legal scholars from the late twentieth and early twenty-first. A century ago, legal scholarship was addressing the “social question:” How to acco…
Évolution du droit
Le but de ces conférences est d’explorer le lien entre le système juridique et les théories de l’évolution dérivées des sciences sociales et biologiques. Parmi les sujets plus spécifiques à traiter figurent l’utilisation de la méthode statistique et de la modélisation mathématique pour décrire et expliquer les phénomènes juridiques ; le rôle du droit dans la construction des institutions économiques, y compris l’entreprise et le marché ; et la re…
The political economy of health in the Gaza strip
What is a firm? A reply to Jean-Philippe Robé
In his recent book on Property, Power and Politics , Jean-Philippe Robé makes a strong case for the need to understand the legal foundations of modern capitalism. He also insists that it is important to distinguish between firms and corporations. We agree. But Robé criticizes our definition of firms in terms of legally recognized capacities on the grounds that it does not take the distinction seriously enough. He argues that firms are not legally…
Unexpected corporate outcomes from hedge fund activism in Japan
Hedge fund activism has been identified in the USA as a driver of enduring corporate governance change and market perception. We investigate this claim in an empirical study to see whether activism produced similar results in Japan in four representative areas: management effectiveness, managerial decisions, labour management and market perception. Experience from the USA would predict positive changes at Japanese target companies in these four a…
The Use of Quantitative Methods in Labour Law Research
This article considers the potential and limits of quantitative approaches to labour law research. It explores the methods used to construct and validate indicators of labour regulation (‘leximetrics’) and those used in the econometric analysis of the effects of labour law rules on employment, productivity and inequality. It is argued that while there is a risk of the misuse and misappropriation of legal indicators, they can provide new evidence …
Legal institutionalism
Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates for inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capita…
The Contract of Employment
The contract of employment is the central legal institution of modern English employment law. It provides the foundation upon which most statutory employment rights are constructed; it provides a conduit for the implementation of norms negotiated in collective bargaining; and it continues to provide a contractual structure for the terms and conditions of employment for a significant proportion of the working population. The Contract of Employment…
Varieties of creditor protection
We examine the relationship between creditor protection, law reform and credit expansion using longitudinal data for four OECD countries between 1970 and 2005. By decomposing the different elements of creditor protection, we show that civil law countries (France and Germany) have developed a high level of protection for creditors in the form of controls over the management of debtor firms, while common law countries (UK and USA) have arrived at a…
Equal Pay as a Moving Target
This paper provides an overview of the key factors impacting upon the gender pay gap in the UK, Europe and Australia. Forty years after the implementation of the first equal pay legislation, the pay gap remains a key aspect of the inequalities women face in the labour market. While the overall pay gap has tended to fall in many countries over the past forty years, it has not closed; in some countries it has been stubbornly resistant, or has even …
Institutional Solutions to Precariousness and Inequality in Labour Markets
It has become widely assumed that the standard employment relationship ( SER ) is in irreversible decline in industrialized societies. However, non‐standard and precarious work relationships often complement the SER via labour market transitions, and are not displacing it as the focal point of labour market regulation. The co‐ordination and risk management functions of the SER continue to be relevant in market economies, and the SER is adjusting …
Hedge Fund Activism in Japan
Hedge fund activism is an expression of shareholder primacy, an idea that has come to dominate discussion of corporate governance theory and practice worldwide over the past two decades. This book provides a thorough examination of public and often confrontational hedge fund activism in Japan in the period between 2001 and the full onset of the global financial crisis in 2008. In Japan this shareholder-centric conception of the company espoused b…
Responding to activism
Marchés du travail, crise financière et réforme
Cet article envisage la relation entre les systèmes de droit du travail et les tendances économiques générales dans les économies de marché développées, en intégrant la crise financière récente et la récession qui en a résulté. Certaines formes de réglementation juridique du travail, en particulier en matière de temps de travail et de protection de l'emploi, ont des effets économiques bénéfiques en termes d'emploi et de productivité dans les régi…
Comparative Law and Finance
Comparative law and finance quantifies differences in the laws governing the business enterprise in various countries. The resulting data can be used to test which legal institutions (if any) matter for financial development. Until recently only cross-sectional data were available. We report the results of a new approach to coding which has produced longitudinal data sets on shareholder, creditor, and worker protection.
Understanding Corporate Governance Default Rules
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
L'entreprise en restructuration
Cet ouvrage explore les dynamiques institutionnelles et les mobilisations à l’œuvre dans les restructurations d’entreprise. Celles-ci apparaissent, actuellement, comme des processus diffus, récurrents et complexes de réorganisation affectant l’entreprise dans sa recherche de flexibilité et d’avantages compétitifs. Dans un contexte de crise, elles prennent un relief particulier en raison de leur ampleur, de l’intensité des conflits auxquels elles …
Rethinking the Economic Torts
We propose a revised conceptual basis for the economic torts which is true to their historical role of regulating the competitive process. Claims that the economic torts are part of a wider principle of prima facie liability for intentional harm or that they are based on a theory of secondary or accessorial liability should, we argue, be rejected. Instead, we focus on a narrower and, we claim, more defensible conception of these torts in terms of…
How Do Legal Rules Evolve? Evidence from a Cross-Country Comparison of Shareholder, Creditor, and Worker Protection
Much attention has been devoted in recent literature to the claim that a country's 'legal origin' may make a difference to its pattern of financial development and more generally to its economic growth path. Proponents of this view assert that the 'family' within which a country's legal system originated-be it common law, or one of the varieties of civil law-has a significant impact upon the quality of its legal protection of shareholders, which …
Legal origin, juridical form and industrialization in historical perspective
Journal Article Legal origin, juridical form and industrialization in historical perspective: the case of the employment contract and the joint-stock company Get access Simon Deakin Simon Deakin CBR, University of Cambridge, Cambridge, UK Correspondence:[email protected] Search for other works by this author on: Oxford Academic Google Scholar Socio-Economic Review, Volume 7, Issue 1, January 2009, Pages 35–65, https://doi.org/10.1093/ser/mwn…
Labor Regulation, Corporate Governance, and Legal Origin
We explore the influential claim that "legal origin"-the historical origin of a given national legal system in the common law or civil law-accounts for a significant degree of cross-national diversity in economic regulation and development. We show that the claim is undermined by problems in index construction and by a misreading of the implications of the common law/civil law divide for the respective roles of courts and legislatures in law maki…
Learning About Contracts
Anglo-American corporate governance and the employment relationship
The corporate governance environment in the UK and US is generally thought to be hostile to the emergence of cooperative employment relations of the kind exemplified by labour-management partnerships. We discuss case-study evidence from the UK which suggests that, contrary to this widespread perception, enduring and proactive partnerships may develop, in conditions where management can convince shareholders of the long-term gains from this approa…
Labor Regulation, Corporate Governance, and Legal Origin
We explore the influential claim that "legal origin"-the historical origin of a given national legal system in the common law or civil law-accounts for a significant degree of cross-national diversity in economic regulation and development. We show that the claim is undermined by problems in index construction and by a misreading of the implications of the common law/civil law divide for the respective roles of courts and legislatures in law maki…
Social Inclusion
El Departamento de Derecho Económico de la Universidad Externado de Colombia tiene como objetivo central incentivar el desarrollo e investigación de los temas de Derecho y Economía relevantes para el entorno nacional e internacional. Teniendo en cuenta la importancia que representa la producción académica y el impulso de los diversos temas a saber: Análisis Económico del Derecho, Competencia y Consumo, Financiero y Bursátil, Servicios Públicos, e…
How Do Legal Rules Evolve? Evidence from a Cross-Country Comparison of Shareholder, Creditor, and Worker Protection
Much attention has been devoted in recent literature to the claim that a country's 'legal origin' may make a difference to its pattern of financial development and more generally to its economic growth path. Proponents of this view assert that the 'family' within which a country's legal system originated-be it common law, or one of the varieties of civil law-has a significant impact upon the quality of its legal protection of shareholders, which …
Trust' or Law? Towards an Integrated Theory of Contractual Relations between Firms
Socio-legal studies of business contracting have profoundly affected our understanding of the form and functions of the law of contract. Empirical research has shown that firms frequently dispense with formal planning and make little recourse to the law to resolve contractual disputes, preferring flexibility as a basis for long-term co-operation.2 The orthodox or 'classical' model of contract law, in which contracting parties completely 'presenti…
Legal origin, juridical form and industrialization in historical perspective
Journal Article Legal origin, juridical form and industrialization in historical perspective: the case of the employment contract and the joint-stock company Get access Simon Deakin Simon Deakin CBR, University of Cambridge, Cambridge, UK Correspondence:[email protected] Search for other works by this author on: Oxford Academic Google Scholar Socio-Economic Review, Volume 7, Issue 1, January 2009, Pages 35–65, https://doi.org/10.1093/ser/mwn…
Varieties of creditor protection
We examine the relationship between creditor protection, law reform and credit expansion using longitudinal data for four OECD countries between 1970 and 2005. By decomposing the different elements of creditor protection, we show that civil law countries (France and Germany) have developed a high level of protection for creditors in the form of controls over the management of debtor firms, while common law countries (UK and USA) have arrived at a…
Anglo-American corporate governance and the employment relationship
The corporate governance environment in the UK and US is generally thought to be hostile to the emergence of cooperative employment relations of the kind exemplified by labour-management partnerships. We discuss case-study evidence from the UK which suggests that, contrary to this widespread perception, enduring and proactive partnerships may develop, in conditions where management can convince shareholders of the long-term gains from this approa…
Quasi Markets, Transaction Costs, and Trust
Unexpected corporate outcomes from hedge fund activism in Japan
Hedge fund activism has been identified in the USA as a driver of enduring corporate governance change and market perception. We investigate this claim in an empirical study to see whether activism produced similar results in Japan in four representative areas: management effectiveness, managerial decisions, labour management and market perception. Experience from the USA would predict positive changes at Japanese target companies in these four a…
Competitiveness policy and economic organization
Journal Article Competitiveness policy and economic organization: the case of the British film industry Get access Stephen Pratten, Stephen Pratten Search for other works by this author on: Oxford Academic Google Scholar Simon Deakin Simon Deakin Search for other works by this author on: Oxford Academic Google Scholar Screen, Volume 41, Issue 2, Summer 2000, Pages 217–237, https://doi.org/10.1093/screen/41.2.217 Published: 01 July 2000
Hostile Takeovers, Corporate Law, and the Theory of the Firm
Social policy and economic efficiency
The Use of Quantitative Methods in Labour Law Research
This article considers the potential and limits of quantitative approaches to labour law research. It explores the methods used to construct and validate indicators of labour regulation (‘leximetrics’) and those used in the econometric analysis of the effects of labour law rules on employment, productivity and inequality. It is argued that while there is a risk of the misuse and misappropriation of legal indicators, they can provide new evidence …
Rethinking the Economic Torts
We propose a revised conceptual basis for the economic torts which is true to their historical role of regulating the competitive process. Claims that the economic torts are part of a wider principle of prima facie liability for intentional harm or that they are based on a theory of secondary or accessorial liability should, we argue, be rejected. Instead, we focus on a narrower and, we claim, more defensible conception of these torts in terms of…
Social policy and economic efficiency
The Law and Economics of the Minimum Wage
social dimension' to economic and political integration. The unwillingness of the United Kingdom to agree upon a programme of minimum regulatory standards in the labour market - as exemplified most recently in its apparent exemption from the Social Chapter of the Maastricht agreement - is a reflection of the erosion of employment rights under British governments since 1979, a process which is still continuing. A central aspect of this is the abse…
The Random Element of their Lordships' Infallible Judgment
Logical Deductions? Wage Protection Before and After Delaney v Staples
La déréglementation et les marchés du travail européens
Simon Deakin und Ulrich Mückenberger, Deregulierung und europäische Arbeitsmärkte. Anhand einer vergleichenden Untersuchung zeigen die Autoren in ihrem Beitrag die aktuellen Tendenzen der Deregulierung des Arbeitsmarkts in Großbritannien und Deutschland auf. Nach einem Zeitraum, in dem sich die soziale Absicherung im Rahmen des Wohlfahrtsstaates weitläufig entfalten konnte, ist in beiden Ländern im Anschluß an die Durchführung von Maßnahmen, die …
Trust' or Law? Towards an Integrated Theory of Contractual Relations between Firms
Socio-legal studies of business contracting have profoundly affected our understanding of the form and functions of the law of contract. Empirical research has shown that firms frequently dispense with formal planning and make little recourse to the law to resolve contractual disputes, preferring flexibility as a basis for long-term co-operation.2 The orthodox or 'classical' model of contract law, in which contracting parties completely 'presenti…
A Manifesto for Social Europe
The European Union is still far from having social legitimacy. The issue is indicative of a huge uncertainty about Social Europe. What is it? What are the principles of social justice behind it? In our view, a new social constitution of the European Union is needed. Political democratisation must be accompanied by the foundation of a social Europe. We argue that were the IGC to combine the Charter of The Fundamental Social Rights of Workers with …
Hostile Takeovers, Corporate Law, and the Theory of the Firm
Comparative Corporate Governance
Reinventing the Market? Competition and Regulatory Change in Broadcasting
The reforms instituted by the Broadcasting Act 1990 led to a period of turbulence and upheaval within broadcasting with results that were at best unintended and, at worst, seriously undermined the ideal of public service broadcasting. A Hayekian economic perspective would suggest that the reforms failed because they did not go far enough in the direction of full ? marketization? . The paper develops an alternative perspective, based on an adaptat…
A Manifesto for Social Europe 2000
River Crossing or Cold Bath? Deregulation and Employment in Britain in the 1980s and 1990s
This chapter examines the impact of labour market reforms on the structure of employment and unemployment in Britain. It argues that although the British experience is one of growing employment, this does not, in itself, solve the problem of social exclusion. The British labour market does not have a better record on employment or unemployment compared to other EU countries.
Quasi Markets, Transaction Costs, and Trust
Competitiveness policy and economic organization
Journal Article Competitiveness policy and economic organization: the case of the British film industry Get access Stephen Pratten, Stephen Pratten Search for other works by this author on: Oxford Academic Google Scholar Simon Deakin Simon Deakin Search for other works by this author on: Oxford Academic Google Scholar Screen, Volume 41, Issue 2, Summer 2000, Pages 217–237, https://doi.org/10.1093/screen/41.2.217 Published: 01 July 2000
Social Inclusion
El Departamento de Derecho Económico de la Universidad Externado de Colombia tiene como objetivo central incentivar el desarrollo e investigación de los temas de Derecho y Economía relevantes para el entorno nacional e internacional. Teniendo en cuenta la importancia que representa la producción académica y el impulso de los diversos temas a saber: Análisis Económico del Derecho, Competencia y Consumo, Financiero y Bursátil, Servicios Públicos, e…
After Enron
Le sauvetage de Rover
In the British institutional environment, which is clearly favorable to stockholder interests, the acquisition of Rover by a consortium of former wage earners owes much to the juridical work of trade unions. The threat of damage suits and substantial settlements to be paid to workers and their representatives for absence of consultation during the crucial period discouraged investors who wished to dismantle the company. In contrast, the project o…
Systems of Production
Frank Wilkinson’s classic piece on ‘Productive Systems’ opens with a warning against the ‘increasingly dogmatic reassertion by a growing proportion of economists of the beneficial effects of the invisible hand of market forces’. These reassertions, Wilkinson argues, ‘are based not on a careful examination of how economies actually work and have developed but on abstract, a priori reasoning about how they should operate’ (Wilkinson, 1983, p. 413).…
Capabilities, social rights and European market integration
'This working paper forms part of the CBR Research Programme on Corporate Governance, Contracts and Incentives'. Includes bibliographical references
Learning About Contracts
Anglo-American corporate governance and the employment relationship
The corporate governance environment in the UK and US is generally thought to be hostile to the emergence of cooperative employment relations of the kind exemplified by labour-management partnerships. We discuss case-study evidence from the UK which suggests that, contrary to this widespread perception, enduring and proactive partnerships may develop, in conditions where management can convince shareholders of the long-term gains from this approa…
Labor Regulation, Corporate Governance, and Legal Origin
We explore the influential claim that "legal origin"-the historical origin of a given national legal system in the common law or civil law-accounts for a significant degree of cross-national diversity in economic regulation and development. We show that the claim is undermined by problems in index construction and by a misreading of the implications of the common law/civil law divide for the respective roles of courts and legislatures in law maki…
Legal origin, juridical form and industrialization in historical perspective
Journal Article Legal origin, juridical form and industrialization in historical perspective: the case of the employment contract and the joint-stock company Get access Simon Deakin Simon Deakin CBR, University of Cambridge, Cambridge, UK Correspondence:[email protected] Search for other works by this author on: Oxford Academic Google Scholar Socio-Economic Review, Volume 7, Issue 1, January 2009, Pages 35–65, https://doi.org/10.1093/ser/mwn…
Rethinking the Economic Torts
We propose a revised conceptual basis for the economic torts which is true to their historical role of regulating the competitive process. Claims that the economic torts are part of a wider principle of prima facie liability for intentional harm or that they are based on a theory of secondary or accessorial liability should, we argue, be rejected. Instead, we focus on a narrower and, we claim, more defensible conception of these torts in terms of…
How Do Legal Rules Evolve? Evidence from a Cross-Country Comparison of Shareholder, Creditor, and Worker Protection
Much attention has been devoted in recent literature to the claim that a country's 'legal origin' may make a difference to its pattern of financial development and more generally to its economic growth path. Proponents of this view assert that the 'family' within which a country's legal system originated-be it common law, or one of the varieties of civil law-has a significant impact upon the quality of its legal protection of shareholders, which …
Political science (32 obras) · Economics (25 obras) · Law (23 obras) · Business (18 obras) · Sociology (13 obras) · Law and economics (12 obras) · Computer Science (10 obras) · Social Policy and Reform Studies (10 obras) · Corporate governance (9 obras) · Labor Movements and Unions (9 obras)