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conflicts of interests (as could occur if judges were to come from the banking industry
and concentrate in bankruptcy chambers).
Tasks are complex, and judges have discretion in many areas of business law.
Disagreements over solutions to many legal problems abound. Commercial litiga-
tion varies, with conflict resolution often depending on knowledge of the specific
business and industry in which the conflict has arisen. To manage these uncertain-
ties intraorganizationally, the judges are keen on seeking each other’s advice, draw-
ing on their professionally heterogeneous set of colleagues. When a judge coming
from the hotel industry must decide in a case brought by two opposing banks, for
example, she has many banking-sector colleagues with whom she can consult about
customs and current issues in the financial industry or about banking law.
Data for this chapter was gathered at three points in time (fall 2000, fall 2002,
and fall 2005). All the judges were interviewed face to face about their advice-
seeking among each other. The following name generator was used:
Here is the list of all your colleagues at this Tribunal, including the President and Vice-
Presidents of the Tribunal, the Presidents of the Chambers, the judges, and “wise men.”
Using this list, please check the names of colleagues from whom you have asked advice
about a complex case in the previous two years or with whom you have had basic discus-
sions outside formal deliberations in order to elicit a different point of view on it.
A high average response rate (87.1 %) over the three stated periods made it possible
to reconstitute the entire advice network (outside formal deliberations) among
judges at this courthouse at each point in time. The number of judges at the court
from 2000 to 2005 varied from 151 to 156.
Longitudinal analyses of the advice network among these lay judges have facili-
tated a close look at the structural factors that explain relational turnover in the
network—that is, the creation of new ties and the discontinuation of previous ones.
This work was based on Snijders’s (1996, 2005) Siena models of dynamic analysis
of the evolution of this network (see Lazega et al., 2006; Lazega et al., 2012). They
tease out a cyclical process of centralization and decentralization in the network
over time. Movement in this organizational system of places, change in the system
of places, and the attendant emergence of status are all visible in this cycle of cen-
tralization–decentralization. Through these cyclical dynamics individuals eventu-
ally attain epistemic status and displace incumbent status-holders at the top of the
hierarchy. Such evolution helps reproduce the persistent organizational structure
and characterizes the continuous collective learning process in the organization.
OMRT Transformations as Determinants of Collective
Learning: Cyclical Dynamics of Advice Networks
An advice network represents a set of paths through which appropriate information
circulates among members of an organized setting. The allocation of this resource
through informal ties and interactions reduces the costs of its acquisition during the
7 Organized Mobility and Relational Turnover as Context for Social Mechanisms…
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Buch Knowledge and Networks"
Knowledge and Networks
- Titel
- Knowledge and Networks
- Autoren
- Johannes Glückler
- Emmanuel Lazega
- Ingmar Hammer
- Verlag
- Springer Open
- Ort
- Cham
- Datum
- 2017
- Sprache
- deutsch
- Lizenz
- CC BY 4.0
- ISBN
- 978-3-319-45023-0
- Abmessungen
- 15.5 x 24.1 cm
- Seiten
- 390
- Schlagwörter
- Human Geography, Innovation/Technology Management, Economic Geography, Knowledge, Discourse
- Kategorie
- Technik