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  • January 2025
  • Case
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Constitutional Fiction: John Miller & the Legitimacy of Family Constitutions

By: Lauren Cohen, Octavian Graf Pilati and Sophia Pan
  • Format:Print
  • | Language:English
  • | Pages:16
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Abstract

John Miller sat reviewing his family’s Constitution, grappling with how best to implement and enforce its provisions. Designed to prevent ambiguity in governance, the Family Constitution set out core values and guidelines to promote harmony and cohesion among family members. To ensure impartiality, it was drafted by a neutral third party. Miller was no stranger to family disputes, and had even developed his own concept of "Belief Bubbles," a framework to address the evolving dynamics across generational phases of a family business. Yet, even with the charter in place and ongoing efforts to educate members on psychological safety, conflicts persisted. Miller now faced pressing questions: Without legal enforceability, could the Family Constitution truly align shareholding agreements, decision-making processes, and family values? And, more importantly, how could family members be held accountable to the charter’s commitments in the long term?

Keywords

Conflict Resolution; Perspective Taking; Liabilities; Family Business; Family Ownership; Business Growth and Maturation; Alignment; Cooperation; Attitudes; Behavior; Cognition and Thinking; Conflict Management; Conflict of Interests; Power and Influence; Perception; Trust; Perspective; Motivation and Incentives; Happiness; Identity; Goals and Objectives; Legal Liability; Contracts; Fairness; Values and Beliefs; Governance Controls; Governing Rules, Regulations, and Reforms; Family and Family Relationships; Manufacturing Industry; Germany

Citation

Cohen, Lauren, Octavian Graf Pilati, and Sophia Pan. "Constitutional Fiction: John Miller & the Legitimacy of Family Constitutions." Harvard Business School Case 225-054, January 2025.
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About The Author

Lauren H. Cohen

Finance
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    • June 2025
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    (Family) Size Matters: Nico Oprée and the Decreasing Power of Family Unity over Time

    By: Lauren Cohen, Octavian Graf Pilati, Dominik V. Eynern and Sophia Pan
    • May 2025
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    'Net Zero in Action': Impact Investing at the McKnight Foundation

    By: Lauren Cohen, Christina R. Wing and Sophia Pan
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    The Micro-Family Office: Aamir Rehman

    By: Lauren Cohen and Sophia Pan
More from the Authors
  • (Family) Size Matters: Nico Oprée and the Decreasing Power of Family Unity over Time By: Lauren Cohen, Octavian Graf Pilati, Dominik V. Eynern and Sophia Pan
  • 'Net Zero in Action': Impact Investing at the McKnight Foundation By: Lauren Cohen, Christina R. Wing and Sophia Pan
  • The Micro-Family Office: Aamir Rehman By: Lauren Cohen and Sophia Pan
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