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Legal creativity and boardroom creativity

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Abstract

In this chapter the implementation of a creative idea is treated as being equivalent to its innovation. Such implementation is possible only within a creative space set by a variety of influences at what I label a “higher level”.The creative space available to a board of directors can be changed by changing company law or corporate governance rules. The examples of legal innovation discussed in detail in the chapter can all be seen as increasing director responsibility and possibly director liability.However, I have presented them rather differently as potential expansions of the directors’ creative space to make better collective decisions that create the company’s future. While one conclusion is that the law can expand the creative space for directors to imagine and create the future, another conclusion is that the latest legal and corporate governance developments are more concerned about the collective or social nature of that creativity than with creativity as individual brilliance.
Original languageEnglish
Title of host publicationMapping Legal Innovation
Subtitle of host publicationTrends and Perspectives
EditorsAntoine Masson, Gavin Robinson
Place of PublicationSwitzerland
PublisherSpringer Nature Switzerland AG
Pages231-252
Number of pages22
Edition1
ISBN (Electronic)9783030474478
ISBN (Print)9783030474461 (hbk), 9783030474492 (pbk)
DOIs
Publication statusPublished - 15 Apr 2021

Keywords

  • Law and Management
  • Legal innovation
  • Legal creativity
  • Directors
  • Corporate governance
  • Creative space
  • Collective decisions

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