Elgar Law and Entrepreneurship series
Edited by Shubha Ghosh and Robin Paul Malloy
Anne S. Miner Creativity, Law and Entrepreneurship makes an important contribution to entrepreneurship research and to organization theory more broadly. Many scholars see entrepreneurship as a process involving imagining opportunities, and then taking action to create new ventures. The process of creation lies at the heart of most definitions of entrepreneurship, even though its definition varies and is to some degree contested. Popular wisdom embraces two conflicting views of the law. In one vision, the law is the natural enemy of the creation of novel action and entities: it promotes consistency and constrains novel behavior. In the other vision, the law can promote the creation of socially valuable entities – whether creative art projects, scientific inventions or new organizations. This book plays an important role in helping build conditional theories of when and how the law shapes creative action, in contrast to both of the overly simplistic visions. This volume highlights that the law plays a crucial role in creativity in society broadly, and specifically in the context of entrepreneurial processes. As revealed in this book, the law can play several affirmative proactive roles in encouraging creativity in society, as well as in shaping when valuable creative ideas become reality. The law shapes whether, and which, creative ideas see the light of day. It shapes what new organizational forms can arise. It influences conditions in which new individend organizations can be created and supported. It shapes which organizations are seen as legitimate and therefore more able to gain resources. It mediates...