Small and Medium Enterprises, Law and Business

Uncertainty and Justice

Jan Winczorek, Karol Muszynski

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Paperback

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English

Routledge
18 December 2024

Business mathematics & systems; Small businesses & self-employed; Company law

Series: Routledge Research in Corporate Law

The law plays an ambiguous role in running business. While legal tools can be used to tame uncertainties, for example, by concluding contracts to safeguard enforcement of future claims, they can also generate uncertainty. These secondary uncertainties like ones stemming from vague rights and obligations may be counterbalanced by using different resources and strategies, including acting informally, modifying business plans or accepting the losses from unpaid dues. This book discusses how small and medium enterprises use the law, abstain from using the law, and use alternative pathways to manage business uncertainties. Examining these topics through the lenses of an extensive qualitative and quantitative empirical study on justiciable issues, access to justice and legal uncertainty among SMEs in Poland, it implements and expands upon the paradigmatic paths to justice methodology which has been successfully used to study conflict resolution, access to justice and utilisation of the law by individuals in more than 30 jurisdictions. It argues that the grand promise of modern law - that it is a certainty-providing, neutral and democratic device to resolve problems and conflicts - is not fully delivered. It reveals how the conditions of a freshly developed capitalism combined with the rule of law backsliding contribute to universal, structural problems with access to justice meaning that accessing justice is a resource-hungry process, which incentivises small businesses to settle for their legal problems and engage in informal and alternative strategies.

By: Jan Winczorek, Karol Muszynski
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781032195285
ISBN 10: 1032195282
Series: Routledge Research in Corporate Law
Pages: 260
Publication Date: 18 December 2024
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Paperback
Publisher's Status: Forthcoming

Jan Winczorek is an Assistant Professor in Law at the University of Warsaw, Poland Karol Muszynski is an Assistant Professor at the Faculty of Sociology at the University of Warsaw, Poland, and a Postdoctoral Researcher at the Centre for Sociological Research, KU Leuven, Belgium