Abstract
The theory of law and business needs a jurisprudential foundation ensuring and enhancing fact sensitivity, analytical scrutiny, and methodological order in making lawful and examining unlawful decisions, plans and practices, recognizing unethical and other normative breaches of lawful decisions, and assessing the impact of law on business and its organizations and disciplines. This Article consists of eight parts explaining the explanatory, analytical, and methodological nature of the jurisprudential foundation and its ability to enable and support the theory of law and business in ascertaining and understanding legality, illegality, normative values, and the impact of law on business. Part II extends the introduction to explain the long-held response on, substance of earlier research on, and broad nature of the theory of law and business needing to rest on an active and stable jurisprudential foundation. Part III discusses the nature of the theory of law and business by explaining a taxonomy categorizing the impact of law on business of the integration of law and business combining legal and business knowledge, analytics, or methodologies. Part IV explains the need for a legal foundation consisting of jurisprudential or jural elements enabling integration of law and business by relying on common knowledge- , analytical-, and methodological-based properties to combine legal and business knowledge, analytics, or methodologies. Part V explains how the nature and role of jurisprudential elements of the foundation ensure and increase fact sensitivity, analytical scrutiny, and methodological order in ascertaining legality of business decision-making, planning, and operations.
The latter parts of the Article focus on the ability of the jurisprudential elements to enhance business knowledge, analytics, and methodology and support the use of a managerial analysis with law to ascertain and understand legality and illegality of business decision-making, planning, and operations. Part VI focuses on the effects of the legal foundation on business knowledge, analytics, and methodology. It explains that the jurisprudential elements complement and enhance uses of business knowledge, analytics, and methodology in making lawful and effective decisions, strategies, and practices to justify planned and unplanned business needs and advance legitimate and forward-looking business goals and objectives. Part VII focuses on the ability of the foundation to enable the integration of law and business by combining legal and business knowledge, legal and business analytics, and legal and business methodologies. It explains that the jurisprudential elements support a managerial analysis with law to form and create specific legal-managerial tools, methods and information in making the most effective and lawful end result at each stage of business decision- making and planning and each matter of business operations. Lastly, Part VIII concludes that the legal foundation consists of jural elements enabling the integration of law and business by combining amenable legal and business knowledge, analysis, and methods, examining the normative value of business decision-making, planning, and operations and lastly, assessing the impact of a legal rule or statutory provision on business and its disciplines and organizations.