Creativity, Law and Entrepreneurship

Creativity, Law and Entrepreneurship

Elgar Law and Entrepreneurship series

Edited by Shubha Ghosh and Robin Paul Malloy

Creativity, Law and Entrepreneurship explores the idea of creativity, its relationship to entrepreneurship, and the law’s role in inhibiting and promoting it. The inquiry into law and creativity reduces to an inquiry about what people do, what activities and actions they engage in. What unites law and creativity, work and play, is their shared origins in human activity, however motivated, to whatever purpose directed. In this work contributors from the US and Europe explore the ways in which law incentivizes particular types of activity as they develop themes related to emergent theories of entrepreneurship (public, private, and social); lawyering and the creative process; creativity in a business and social context; and creativity and the construction of legal rights.


Anne S. Miner

Subjects: business and management, entrepreneurship, economics and finance, law and economics, law - academic, intellectual property law, law and economics


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...