Strateginen yritysoikeus oikeustutkimuksessa
Avainsanat:
yritysoikeus, yritysjuridiikka, strateginen yritysoikeusAbstrakti
Strategic business law in legal research
Traditional legal research serves business, especially by defining the content of valid, applicable law. Also, strategic business law utilizes these results of legal dogmatics. However, strategic business law continues further. Attention is not only paid to law but also to operating models that are appropriate for solving certain business-related problems. As a result, the role of legal norms changes from an object to a tool. Adopting this strategic perspective may also change the nature of the research results. Instead of opinions regarding the content of applicable legal norms, the result may include recommendations on how it would be appropriate to operate in the regulatory framework. It is, at least partially, based on a legal analysis of regulation.
Different perspectives can be used in strategic business law to realise the goal. They contain at least proactive law, various perspectives that embody flexibility, and legal design. While each one has its own special perspective, they also support each other in achieving the goals of strategic business law. At the same time, strategic business law also works on the basis of traditional legal research. The role of tradition is reinforced by the established perspectives, especially the power and interaction offered by Law & Economics and de lege ferenda.