Publications
Publications
- January 2025
- HBS Case Collection
Constitutional Fiction: John Miller & The Legitimacy of Family Constitutions
By: Lauren Cohen, Octavian Graf Pilati and Sophia Pan
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; Cognition; Conflict Of Interest; Perspective Taking; Liabilities; Family; Family Business; Family Ownership; Business Growth and Maturation; Alignment; Cooperation; Conflict and Resolution; 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; 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.