International Journal of

Business & Management Studies

ISSN 2694-1430 (Print), ISSN 2694-1449 (Online)
Neo-Institutionalism and its Implications in the Constitution of the Legal Environment of Governance and Legitimacy in Justice Systems

Abstract

 

Analyses around the process of constitution of the legal environment of organizations are of great importance for organizational studies because, through the use of concepts such as: endogeneity and institutionalization, as well as other contributions from (neo) Institutionalism, it is possible that we break with the belief somewhat ingrained, in the more traditional academic circles, around a supposed erogeneity of laws, by organizations and legal systems. And, as we will try to demonstrate, in concrete terms, we observe the prevalence of endogenous models, given the valorisation of technical mechanisms that are adjusted, in view of legal requirements, in favour of the subsequent convalidation of greater institutional legitimacy. In view of this scenario, there is, in parallel, a gap around a deepening of the internal mechanisms and external pressures that cause organizations to be affected by endogenous practices, a process that will also be encompassed. Therefore, in methodological terms, we opted for a critical review of the classical (neo)institutionalist literature, and during the studies, it was noticed that this epistemology presents advances in organizational studies because it departs from the functionalist logic, still excessively based on logic: pressures x responses, while seeing organizations being linked to two environments: technical and institutional. Moreover, the (neo)institutionalist perspective envisions endogenous practices from a broader perspective, conceiving them via a multicausal reading, factors that enhance such epistemology, whose uses should be valued even more by academia and the market.