City Research Online

Abstract

This study of the Legal Definition of the Small Business set out to ascertain whether a unitary universal definition of small business existed and, if it found none, to formulate it. A legal definition, which is only one of the definitional forms used to define phenomena, has to be viewed in the general context of definitions, their functions, participants and methods of formulation; and has to be compared with other non-legal definitions of the same phenomenon, if the quest for a legal definition of small business is to be justified. If in addition the legal definition is to be a unitary definition of small business, the various legislation that defines small business have to be studied, compared and evaluated before such a legal definition can be formulated.

It is for these reasons that the present study found it necessary to formulate a general theory of definition; and also to focus on economic, sociological and psychological definitions of small business, in addition to its juristic definitions. For a legal definition to be accepted as a unitary universal definition of a phenomenon, it has to be compatible with the existing legal philosophies of the different countries. To ensure the widest possible application of such a proposed definition, it was chosen to study and compare the small business definitions of legal systems that represented economies of widely different philosophies and sizes: the USA, the UK, the People's Republic of China and Israel.

The classification of these definitions was undertaken in accordance with the criteria that constituted them and in accordance with their method of formulation. Although this classification has indicated much inconsistency in the definition of small businesses, not only between different countries but also within the same country and the same legislation, it has also indicated that small business is one of the few common denominators between the different legal systems of the different economic philosophies, and as such it has a definite need for a unitary universal definition.

Publication Type:	Thesis (Doctoral)
Subjects:	H Social Sciences > HF Commerce K Law > K Law (General) K Law > KD England and Wales K Law > KD England and Wales > KDC Scotland K Law > KF United States Federal Law
Departments:	Bayes Business School > Bayes Business School Doctoral Theses Doctoral Theses

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