European water protection -Some legal issues

Claire JOACHIM 1 , Laurène MAZEAU-NININ 2 Water law issues arise due to a complex interaction of legal, social, economic and environmental factors such as: exponential increase of Human needs, decrease of available water, water pollution and more. We also can point out the fact that water has unique features, that make it difficult to regulate using laws designed mainly for land. The problem of the water has a strategic nature in the global scale and crystallizes multiple and major, environmental, economic, social and territorial stakes. The risks related to the rarefaction and to the contamination of the water resources take a particular dimension with ethical stakes, social equity and struggle against water-related poverty. In the decades to come, water managers will have to face up to a strong increase in needs for water. Global warming (increase in temperature, risks of drought) will lead to an increase in a need for water from irrigated crops, as well as human requirements. For the past two centuries and even previously, the water domain has been the subject of an enormous amount of legislation and regulations. Gradually, a system of successive strata has been built to respond to the needs of different periods. The logic of Roman law was centered on the use of the resource. This creates a particularly "segmented and redundant" law. Moreover, the link between the use of the resource and ownership of the land is explicit in Wisigoth law [START_REF] Broc | De l'eau et des hommes en terre catalane[END_REF]. Historically, one thing must be clearly emphasised: There is a radical opposition between two approaches: one that considers water as a resource that flows through the planet and is a world heritage, and one that envisages some "ownership" of water in conjunction with land ownership. The law has never been able to decide between these two approaches. The Law of January 3, 1992 does not avoid the contradiction by establishing the principle of water "common good".

Regarding the major issues that freshwater represents to a global level, it seems necessary that water law be effective, clear, coherent and accessible. Simplifying the law means reducing the complexity of the water law as much as possible and repealing obsolete texts. It seems also necessary to take due account of civil society's expectations regarding security and the need for legal certainty and stability about the most important of humankind's resources. In this context, we can bring up the following question: why do the water law issues illustrate the relationship between risk and complexity? In order to respond to this problem, our study is structured as follows: The first section is devoted to some causes of water law complexity (I). The second section presents some consequences of this complexity (II). Then, the last section presents some potential solutions concerning issues of water law in the EU (III).

1 Assistant Professor, Université de Poitiers, CECOJI (EA7353), claire.joachim@univ-poitiers.fr 2 Assistant Professor, Université de Bretagne Occidentale, CRDP (EA3881), laurene.mazeau@univ-brest.fr

I

Water law complexity, some causes Some of the main causes of the water law complexity are linked to the increasing complexity of several water risks (I.1) and to our modern law (I.2).

I.1 Several water risks

The water law complexity result from several water risks. The problem of water pollution is still a reality, as it is illustrated by the initiative "Right2Water"(2) which succeeds in gathering the million signatures required to be auditioned by the European Commission to establish a universal right for drinking water. Water pollution can occur through natural processes, but it is mostly a result of human activities (industry, farming, etc.). In both hypotheses, this pollution is microbiological (bacterial, viral or parasitic) or chemical. Since the 1950s, while industries developed as farming intensified, the use of chemical products became more prevalent causing increased environmental pollution in some cases. With the development of urbanisation and industrialisation, as well as the evolution of the modes of consumption, the rejections of used waters had evolved not only in quantity, but and especially in quality. Some manufacturing facilities use huge quantities of freshwater to carry away wastes of many kinds. The wastebearing water is discharged into streams, lakes, or oceans, which in turn disperse the polluting substances. Nevertheless, this approach still requires fine tuning since industrial pollutants (heavy metals, solvents, by-products of oil, etc.) are reduced in particular thanks to the evolution of the scientific techniques or to the action of the water agencies.

Other pollutants, more contemporary, are still a major global problem requiring ongoing evaluation and revision of water resource policy at all levels. As technology improves, scientists are able to detect more and more pollutants, and at smaller concentrations, in freshwater. At the same time, it is becoming more and more difficult for regulators to keep pace with technological developments and so technical standardisation is increasingly used. Thus, the European Parliament has added 12 new substances to the EU priority list of pollutants known to pose a risk to surface water. Three pharmaceuticals (two hormones and a painkiller) will also be included on a watch list of emerging pollutants that could one day be added to the priority list. The updated directive on priority substances in water, approved in July 2013, amends the 2000 Water Framework Directive and the directive on environmental quality standards. Moreover, we can underline that water pollution could be caused by drugs that end up in drinking water after people take medicines. Echoing these preoccupations, in April 2013, the French Standards Association (AFNOR) proposed a new standard for detecting drugs in water (3) according to the Water Framework Directive. We also can notice the environmental impact of nanotechnology, which can be split into two aspects: the potential for nanotechnological innovations to help improve the environment, and the possibly novel type of pollution that nanotechnological materials might cause if released into the environment. UNESCO and UNIDO will work together to explore the potential of nanotechnology in the field of treatment and water purification, even if they are also considering toxicological risks and potential impacts on human health and the environment related to these nanotechnologies (4).

The last point concerning the fact that while water is generally recognised as being a public good, the last two decades have put water services, which are dominantly in public hands, under huge privatisation and market liberalisation pressure. According to the terms of the 1992 law (5), it is not the vocation of the State to provide direct responsibility for the operational management of water resources: it is fundamentally the guardian of it. Thus, those private companies must not only apply national legislation, imperatives standards, they also have to combine it with the texts from the European Union, international regulations, or independent administrative authorities.

A recurring theme throughout the research seems to be that to each kind of "water risk" responds a special kind of risk prevention, management, or risk monitoring, and risk compliance. And as a consequence, we can underline that each type of activity has its own needs and can be regulated separately. This is why we can make a kind of "modern rereading" of the old latin maxim: "suum cuique tribuere", meaning: "to each his own". Moreover, water law can be described as a "bundle of sticks" containing separable activities that can have different levels of regulation. The representation of different categories of actors/users in water management introduced a new coordinated approach into water legislation. If the water law complexity results from several water risks, it also results from different level of intervention.

I. 2 Different levels of intervention

At the International level, the Food and Agriculture Organization of the United Nations, has identified more than three thousand treaties relating to international water resources, since 805 AD (6)... One of the first bilateral texts protecting the environment is the Treaty (11th January 1909) between the United States and Great Britain relating to boundary waters between the United States and Canada. Although water law is still regulated mainly by internal law, there are international sets of rules in long-term issues rules such as the Helsinki Rules on the Uses of the Waters of International Rivers and the Hague Declaration on Water Security in the 21st Century. The Helsinki Rules on the Uses of the Waters of International Rivers were adopted by the International Law Association, in August 1966. It is an international guideline regulating how rivers and their connected groundwaters that cross national boundaries may be used. The Hague Declaration ensures that freshwater, coastal and related ecosystems are protected and improved; that sustainable development and political stability are promoted, that every person has access to enough safe water at an affordable cost to lead a healthy and productive life and that the vulnerable are protected from the risks of water-related hazards. In 1997, the United Nations adopted the Convention on the Law of Non-Navigational Uses of International Watercourses. This document pertaining to the uses and conservation of all waters that cross international boundaries, including both surface and groundwater, was drafted by UN to help conserve and manage water resources for present and future generations. Those international rules include for instance: the possible effects of global warming on rainfall patterns and evaporation; the control of pollution and the growth of agriculture; changing basin dynamics and societal values. All these international laws offer a fragmented protection of international waters and borders. We can also highlight that the greatest number of texts govern the use of water and not the protection of its quality.

At the European level, more than 30 European directives or decisions have been adopted in the fresh water and sea water pollution domains (7), as the three main directives: The Urban Waste Water Treatment Directive (1991); the Drinking Water Directive (1998); the Water Framework Directive (2000).The policy of the fight against water pollution is the oldest of environmental policies in Europe. European water legislation began, in a "first wave", with standards for those of our rivers and lakes used for drinking water abstraction in 1975. It culminated in 1980 in setting binding quality targets for our drinking water. In a traditional way, those regulations are linked to the uses of water resources. In 1988, the Frankfurt ministerial seminar on water reviewed the existing legislation and identified some improvements that could be made and some gaps that could be filled. This resulted in the "second phase" of water legislation. In 1991, the first results were the adoption of the Urban Waste Water Treatment Directive, providing for secondary (biological) waste water treatment; even more stringent treatment where necessary and the Nitrates Directive, addressing water pollution by nitrates from agriculture. Other legislative results of these developments were Commission proposals for action on a new Drinking Water Directive, reviewing the quality standards and, where necessary, tightening them (adopted November 1998), and a Directive for Integrated Pollution and Prevention Control (IPPC), adopted in 1996, addressing pollution from large industrial installations. The European Water Framework Directive obliges France (as it does for the other Member States) to achieve by 2015, a "good ecological status of the masses of water" except in the event of postponement or derogation. One important aspect of the Water Framework Directive is the introduction of "River Basin Districts". This approach is so innovative that some authors present it as the dawn of a "third wave" of EU intervention [START_REF] Jans | European Environmental Law[END_REF]. This Directive requires water resource plans based on river basins, including public participation based on Aarhus Convention principles. The Aarhus Convention [START_REF]Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention)[END_REF] has been cited by the European Court of Human Rights in several cases, including Branduse v. Romania (10). In accordance with the article 4 of the Treaty on the functioning of the European Union [START_REF] Romania | [END_REF], a Member State has a shared competence with the EU when common safety concerns in public health matters occur (as environmental protection). Moreover, each European member states have to enact national legislation in accordance with these directives. However, this can sometimes create significant legal uncertainty as the vocabulary used by European institutions is too technical and is in constant evolution. Indeed, scientific research has evolved since the 1960s and environmental concern then exceeds the "simple" pollution. The vocabulary applicable to streams is becoming more and more technical: we talk more of "aquatic, ecosystems" or "overall management". For example, the term "Hydromorphology" is used in river basin management to describe the combination of hydrological and structural processes and attributes of rivers, lakes, estuaries and coastal waters. Such complex terms, could create uncertainty in the law, because they change in line with scientific development.

French water law is the result of the superimposing of various laws throughout history. Besides the Environmental code, which represents a part of legislations protecting the quality of fresh water, between about "ten" and about "twenty" other codes are concerned [START_REF]Such as the Environment code, code of Social Security, Labor code, Public health code, Publicdomain river code… Rapport du Conseil d'État[END_REF]. The principles of water protection established in the 1960s seems insufficient to ensure the quality of waters [START_REF] Gazzaniga | Larrouy-Castéra « Le droit de l'eau en France entre permanences et mutations[END_REF], but a reconquest is then activated by the law of December 16th 1964. This law is a decisive turning point in water law (14). It puts in effect the importance of water quality and the fight against pollution. This law creates a special administration to achieve these objectives. It establishes the principle of river basin management, which is the foundation of what is called "French school of water". It also establishes local parliaments of water: river basin committees (it is composed of representatives of local authorities (local councillors) users' representatives and associations, as well as central government). This protection of the resource is supported by tax instruments and the creation of river basin agencies. This organization is complemented by a penal system, and the creation of a Ministry ad hoc. Indeed, the preservation of water and the aquatic environment is assigned to the Ministry of Ecology and Sustainable Development. This ministry is therefore responsible for writing proposals of laws or decrees to be examined respectively by the National Assembly (and the Senate) and the Government. It is also responsible for the coordination of the Regional Departments of the Environment (DIREN) and the writing of directives or circulars for the application of the laws and decrees. The State depends upon the recommendations of two instances: the Supreme Council for Public Health and the National Water Committee. Despite reforms, is maintained in France of ancient rules as the law of 16 October 1919 (15) or some concessions back to the old regime, even in the Middle Ages. Coordination between the various laws in force poses serious problems both in the administration and in the courts (16).

The law on water of 3 January 1992, consecrated the notion of the overall management of the water resource, based upon the principle of solidarity between the users and an appreciation of water in all its forms: vital resource, ecosystem, support for activities, etc. This law is centred on four fundamental principles: management which reconciles economics and ecology; local management of the resource; fight against pollution and waste and a high degree of transparency. The Law on Water and the Aquatic Environment was enacted on 30 December 2006. It provides the tools to the administration, the territorial collectivities and the players in the water domain to reinforce the application of the Water Framework Directive and by 2015 achieve the fixed objectives "good ecological status". At a Local level (municipalities and municipal associations), we can observe some successive transfers of powers in favour of regions and the development of quasi nongovernmental organisations (Water Services Regulation Authority…). The French water management institutions are the result of the piling up of successive reforms in water policy, decentralisation and the transfer of competence from the State to local authorities.

To recap, we can underline that the volume of legislation about water risks, its piecemeal structure, its level of detail and frequent amendments, and the interaction with International and European law, mean that even professional users can find such law hard to understand, complex, and difficult to comply with. The national and local laws and regulations have, since the end of the1980s, evolved in two main directions: the preservation of the natural environment and the protection of drinking water resources. This evolution is of course linked to the marked degradation of the quality of water in France and the recurrent problems of a drop in natural resources following the uncontrolled development of irrigation in the other French regions. Much progress has been made in water protection in Europe, in individual Member States, but also in tackling significant problems at a European level. But Europe's waters are still in need of increased efforts to get them clean or to keep them clean.

II Some concrete consequences

Water law issues illustrate the relationship between risk and complexity. French water law issues illustrate all the more this phenomenon. Indeed, the interaction between European Union law and French law have important consequences on french legal system readability. Two main causes appear: first, the complexity of French legal system itself in this field, then a super-imposition of European Union law onto French law [START_REF] Joachim | Le droit de la protection des eaux en Europe : difficultés pratiques et prospectives en droit comparé[END_REF]. Water protection is a part of environmental protection, which is a shared power between the European Union and its member states. As a result, the main legal instruments in this field are directives, which require implementation of European Union law into national law. A case study from a local government perspective can help identify the challenges of water complexity. It reveals different types of consequences, in terms of time, costs, actors involvement, and last but not least about involving more risk. Finally, we will try to propose some potential solutions to this law complexity.

II.1 A small urban project: a case study

Imagine a local government in the south of France, which wants to realise the extension of an area dedicated to travellers accommodation. This project is quite common and small, and it is imposed by french law (18). Quite surprisingly, the local government has to take into account the entire water cycle in its work. Therefore, before beginning its project, it has to follow some preliminary procedures, which takes at least two years.

First, the local government has to complete an impact analysis of its project, towards specific elements of the project area. If specific protected animals live in this area, it will have to fulfill a CNPN file (National Council of Nature Protection document), in order to ask for an exemption. Indeed, many common animals in France such as frogs (green frog, hyla arborea) or lizards (hispanic lizard, podarcis hispanica or green lizard, lacerta viridis) are part of protected species by french law [START_REF] Sénat | Le stationnement des gens du voyage -Étude de Législation Comparée[END_REF]. To fulfill these proceedings of exemption, it will take at least one year because of the number of informations the local government will have to give. Indeed, according to articles L.411-1 & 2 of the french Environment Code, any injury to a protected animal, including destroying the animal itself, or its habitat, or perturbing its way of life, is forbidden. To realise its project, the government has to ask for an exemption delivered by the prefecture of its department (20), after the National Council of Nature Protection has given its opinion. In this CNPN file, the local government has to prove that there is no different solution with a smaller impact on the animal situation (with an analysis of the context and different kinds of nature impacts), and that there is no damage of its project on the global conservation of the species (21). As a result, the local government has to lead several impact analysis about some specific protected animals. According to the 2007 Ministerial Order, this file has to be composed as : a description of the project, its aims and finalities ; a description of each protected animal species, as well as the number of animals ; dates and place of the intervention ; different measures of compensation, with benefits for these protected species ; project workers' qualifications ; a description of all intervention protocols. The local government produces two applications, each destined to each departmental organisation. This specific analysis of the project takes at least five months, due to the different institutions involved. Then, the local government has to follow further proceedings if the area is made up of wetland (adding one year more of proceedings), or when a forest is located on or next to the area (adding months more) [START_REF] Kwan | Communication to the European Conference « La protection des eaux en Europe : difficultés pratiques et prospectives en droits comparés[END_REF]. As a result, before beginning its project, the local government has to lead potentially a two years and a half proceedings, especially about specific aspects linked to water resources. a second step, the local government has to fulfill a water law Application, which takes at least one year [START_REF][END_REF]. It involves making a declaration or asking for an authorisation, depending on the impact of the project on water quality and quantities [START_REF] Articles | to R.214-5 of the Environment Code[END_REF]. The local government has to establish whether its project causes direct and indirect, positive and negative impacts on aquatic areas located on the project area. The principle is to analyse each step of the project and its potential impacts on aquatic areas, including surface and ground waters. Moreover, these analyses will take into account simple effects and the accumulation of effects. According to article R.214-34 of the Environment Code, a water law application may generally consist of six documents. There are small variations depending on the type of procedure: a declaration or an authorisation [START_REF]about autorisation proceedings[END_REF]. The first document presents the local government. The second document explains some elements about the place where the project will be led. It develops on characteristics of the place and describes every aquatic environment that would potentially be impacted by the project. The third document describes precisely the project: its volume, nature, object. Then, the fourth document describes the consequences on aquatic areas. It includes four different parts:

an analysis of environment initial conditions ; a description of impacts of the project on the quoted environment (simple and cumulative impacts) ; a presentation of the project compatibility with department's SDAGE and SAGE (general management schemes of water resources)(26) ; and finally propositions of corrective and compensation measures in order to compensate potential damages on the environment due to the project. It also includes damages during maintenance work and during exploitation. The fifth document of the law file is a description of surveillance tools of the project control (about environmental aspects). Finally, the sixth document is composed of maps, and any document that would enhance the understanding of departmental institutions.

These elements point out difficulties that come from water law complexity: in terms of costs, time, actors involvement and about involving more risk.

II.2 Two local consequences and two global impacts

Two types of consequences of water legal system complexity appear in a small project like the one presented supra: local consequences and more global issues.

II.2.1 Some local consequences

First, this pre-work involves a long term procedure: it takes at least two years of preliminary procedures before starting the project itself. It is important to point out that these procedures only concern water resources protection. A significative number of other types of procedure have to be completed concerning other aspects of the project [START_REF] Joachim | Le droit de la protection des eaux en Europe : difficultés pratiques et prospectives en droit comparé » Petites Affiches[END_REF].

Then, it is a heavy procedure as the local government has to understand and respect superimposed several legal rules [START_REF] Gazzaniga | Le droit de l'eau en France entre permanences et mutations[END_REF] Moreover, the local government has to take into account complementary implementation texts from European Union law, called « daughter-directives », that take the form of regulations. They include decrees, ministerial and prefectoral orders. For example, the 98/83 EU Directive has been implemented in the French legal system by two decrees and eleven orders [START_REF]Cf. the official website about french law[END_REF].

As a result, the local government has to deal with an abundance of legal rules, for a small urban project. Legal system complexity involves another type of consequences in terms of financial costs. This type of project becomes an expensive one for a local government. Because of the technical sophistication of water law impact analysis, it has to hire engineering offices to lead such a work, which is very expensive [START_REF] Kwan | Communication to the European Conference « La protection des eaux en Europe : difficultés pratiques et prospectives en droits comparés[END_REF]. For example, 2000 EU Water Framework Directive in one hydrographic basin cost 4 000 000 euros in a five years time [START_REF] Solacroup | Communication to the European Conference « La protection des eaux en Europe : difficultés pratiques et prospectives en droits comparés[END_REF]. Beyond these local aspects, it points out global issues from water law complexity.

II.2.2 From European perspective

First, this example points out an European issue: there is a constant time lag between European Union law and local government practice. A directive implementation into national law usually takes four years. One has to complete this time lag with a six years time of implementation by local governments. Indeed, SAGE modifications are quite complicated to lead, as they involve a full application of the entire procedure [START_REF] Larrouy-Castéra | A la recherche de la gestion équilibrée de la ressource en eau -L'hydroélectricité à l'épreuve de la continuité écologique[END_REF]. It highlights several issues about European Union law implementation [START_REF] Hervé-Fournereau | La Cour de Justice de l'Union européenne et la qualité de l'eau : reflets jurisprudentiels des paradoxes de la politique de l'eau de l'Union[END_REF].

Then, this complexity seems to have more serious consequences on water protection itself. Because of the sum of local consequences, water actors are not involved enough in European Union goals. It is too expensive and time-consuming for local and national governments. It is all the more important as the financial crisis has grown in European Union since 2008 (35).

As a result, European Union has not been able to achieve its goals in terms of the Sixth Environmental Action Program. Thus, European waters' quality continues to decline [START_REF] Brun | Intégration européenne et environnement : vers une union verte ?[END_REF]. As an example, the French Commissioner-General for Sustainable Development has established that the concentration of pesticides in French waters is continuing to grow [START_REF]Commissioner-General for Sustainable Developpement Contamination des cours d'eau par les pesticides en 2011[END_REF]. Therefore, it confirms that law is becoming an insecurity factor as it involves more risk.

III Potential solutions

We've tried to identify some solutions to these issues. Two groups of potential cures have been pointed out.

First, according to water actors, it would be helpful to develop a complexity pedagogy [START_REF] Larrouy-Castéra | A la recherche de la gestion équilibrée de la ressource en eau -L'hydroélectricité à l'épreuve de la continuité écologique[END_REF]. It would mean improving the legal system readability, to re-involve water actors in water protection. For example, European institutions should create precise head documents to explain each step of the process. It would answer the issues linked to impact analysis complexity.

Then, a second group of potential solutions has been identified. It is true that a full global approach is required. It seems that it is necessary to enter into the integrated water resources management [START_REF] Brun | Intégration européenne et environnement : vers une union verte ?[END_REF]. A real integrated management does not exist, green seaweed pollution in Britain in 2009 is a good example of this phenomenon (40). The European legal system is still lost between two approaches. On one side, an historic approach based on water uses : the suum cuique tribuere maxim ; on the other side, integrated water resources management is applied by the 2000 water framework directive. As a result, the European approach is a mix that leads to a lack of consistency, and an accumulation of legal instruments.

As a concrete solution, water actors propose to remove some institutions and rules [START_REF] Joachim | Le droit de la protection des eaux en Europe : difficultés pratiques et prospectives en droit comparé[END_REF], in order to simplify the French water legal system [START_REF]Qu'en est-il de la simplification du droit[END_REF].

To conclude, as there is no simple solution in law, it appears that it is necessary to use a diversity of tools. The main question in here is to establish how to coordinate these tools among each other.

  , that it has to coordinate. It involves French Legislation such as 1984 Fish Act, 1992 Water Act, as well as 2000 EU Water Framework Directive implementation acts: 2004 & 2006 Acts (29).


Karim Ben Slimane

Cédric Diridollou

Karim Hamadache

Karim Ben-Slimane

Cédric Diridolou

How Morally Contested Innovations are Legitimized?

Keywords: innovation, legitimation strategies, morally contested fields, funeral services

This paper investigates how morally contested innovations emerge and spread within an organisational field and how entrepreneurs utilize strategies to legitimize them. Building on the insight derived from a case study of the cardboard coffin's introduction in the French funeral services field our findings show that proponents of morally contested innovations rely on three legitimation strategies: (1) they commit themselves in pragmatic legitimacy through targeting the peripheral players and the public, (2) they cope with cognitive legitimacy challenges by adapting the design of their product and by educating product users, (3) and they respond to moral concerns by reducing moral revulsion and re-enchanting the consumption practices. This study also highlights the importance of the interplay between these mutually reinforcing strategies in the adoption and the diffusion of morally contested innovations.

Introduction

Economic and technical superiority are not sufficient conditions for the diffusion and adoption of an innovation [START_REF] Garud | A Socio-cognitive Model of Technology Evolution: The Case of Cochlear Implants[END_REF]. Indeed, innovations have to espouse and meet established institutions. They are therefore socially embedded and face challenges of legitimacy rather than technical superiority [START_REF] Das | Competing with New Product Technologies: A Process Model of Strategy[END_REF]. From the neo-institutional theory standpoint, "legitimacy is a generalized perception or assumption that the actions of an entity are desirable, proper, or appropriate within some socially constructed system of norms, values, beliefs, and definitions" (Suchman, 1995: 574). Extant literature considers that innovations are deemed legitimate as far as the audience perceives them as comprehensible and as they gain political support from the audience that evaluates them [START_REF] Das | Competing with New Product Technologies: A Process Model of Strategy[END_REF][START_REF] Garud | Institutional Entrepreneurship in the Sponsorship of Common Technological Standards : The Case of Sun Microsystems and Java[END_REF]. Comprehensibility refers to cognitive legitimacy whereas political support points to pragmatic legitimacy [START_REF] Hargadon | When innovations meet institutions: Edison and the design of the electric light[END_REF]. These two facets of legitimacy are considered central to innovation diffusion.

In addition to comprehensibility and political support, innovations must fit with moral evaluative imperatives of the audience that determine "what is wrong to do and what is right to do" [START_REF] Quinn | The Transformation of Morals in Markets: Death, Benefits, and the Exchange of Life Insurance Policies1[END_REF]. These imperatives refer to what [START_REF] Suchman | Managing legitimacy: Strategic and institutional approaches[END_REF] terms the moral legitimacy. Moral legitimacy is particularly acute when entrepreneurs seek to introduce new products or services that could be contested by some stakeholders on moral grounds, especially in organisational fields that are infused with values of holiness such as those related to life and death [START_REF] Zelizer | Human values and the market: The case of life insurance and death in 19th-century America[END_REF][START_REF] Quinn | The Transformation of Morals in Markets: Death, Benefits, and the Exchange of Life Insurance Policies1[END_REF], body commodification [START_REF] Almeling | Selling genes, selling gender: egg agencies, sperm banks, and the medical market in genetic material[END_REF] and science commercialisation [START_REF] Peifer | The Moral Limits of the Market: Science Commercialization and Religious Traditions[END_REF]. Surprisingly, how morally contested innovations diffuse within organisational fields and how entrepreneurs respond to cognitive, political and moral challenges of social acceptance received scant attention in the literature. We contend that restraining innovation's social embeddedness to political support and to comprehensibility (cognitive) straitjackets (see [START_REF] Garud | A Socio-cognitive Model of Technology Evolution: The Case of Cochlear Implants[END_REF]Hargadon and Douglas, 2002) could hinder a rich and complete understanding of the process of innovation adoption and diffusion. Therefore, we know little about how a market and a set of transactions are established around morally contested issues such as life insurance (Zeilzer, 1978) or cadavers [START_REF] Anteby | Markets, morals, and practices of trade: Jurisdictional disputes in the US commerce in cadavers[END_REF], how practices evolve over time and how novelty is brought into such morally contested activities.

One explanation of viewing organisational fields formed around morally contested activities seen as highly conservative is their institutional inertia [START_REF] Anteby | Markets, morals, and practices of trade: Jurisdictional disputes in the US commerce in cadavers[END_REF]. Although being very conservative such fields cannot be sheltered from technological disruptions and from diffusion of ideas across countries and cultural contexts.

In order to study how morally contested innovations diffuse and how entrepreneurs respond concomitantly to cognitive, political, and moral imperatives of legitimacy, we conducted a longitudinal qualitative study of the emergence of the cardboard coffin in the field of funeral services in France during the last decade.

Our findings show that proponents of morally contested innovations perform pragmatic legitimacy strategies through targeting the peripheral players and the public, they answer to cognitive legitimacy challenges by adapting the design of their product and by educating product users, and finally, respond to moral concerns by reducing moral revulsion and reenchanting the consumption practices. Our findings also highlight the importance of the interplay between these mutually reinforcing strategies in the adoption and spread of morally contested innovations.

Our paper is organized as follows. First, we start by reviewing the literature on legitimacy imperatives of innovation and morally contested innovations. Second, we introduce our research context and describe our methods. In the following section, we will sketch out our findings. Thereafter we discuss our contributions to the literature on innovation and to the literature on morally contested activities.

Innovation and legitimacy imperatives

How the superiority of an innovation over rival alternatives is established and how a market comes to a settlement when several technologies compete with one another remain a central issue in innovation management research. According to [START_REF] Das | Competing with New Product Technologies: A Process Model of Strategy[END_REF] the literature distinguishes among two paradigms that can answer the thorny issues of innovation selection and diffusion.

The first paradigm is based on the thesis of technical performance superiority. Innovations are selected and diffused when their superior technical performance compared to other alternatives is acknowledged and valued by the audience [START_REF] Christensen | Exploring the limits of the technology S-curve. Part II: Architectural technologies[END_REF]. Accordingly, customer expectations drive technological improvement and innovation trends by choosing products and services that perform specific functions better than rivals based on known and existing evaluations criteria.

The second paradigm contradicts the technical performance superiority thesis and considers that innovation superiority is shaped by social interactions among a variety of agents. [START_REF] Das | Competing with New Product Technologies: A Process Model of Strategy[END_REF] designate this paradigm as institutional. Established technologies can hardly be dislodged by alternatives because they are socially embedded and entrenched in institutionalized practices and habits. Switching from a technology to another requires a cognitive engagement from users and leads to cognitive sunk costs [START_REF] Oliver | Sustainable competitive advantage: Combining institutional and resourcebased views[END_REF].

The main arguments that support the institutional paradigm rest on the idea that actors who sponsor and support an innovation must solve a twofold issue. First, they must deinstitutionalize the old practices and second, they must work on the social acceptance of their innovation and on embedding it in established institutions [START_REF] Hargadon | When innovations meet institutions: Edison and the design of the electric light[END_REF].

Seminal essays on institutional theory have opposed technical environments to institutional environments [START_REF] Meyer | Institutionalized organizations: Formal structure as myth and ceremony[END_REF]. The importance of economic performance, resources and material aspects of organizational and social arrangements are therefore downplayed by symbolic and cultural dimensions of the institutional environment. Within an institutional environment, social acceptance and the compliance to rules and norms are vital elements for the survival of organizations [START_REF] Baum | Toward an institutional ecology of organizational founding[END_REF].

Actors who support and sponsor innovation must elaborate and implement institutional strategies [START_REF] Das | Competing with New Product Technologies: A Process Model of Strategy[END_REF][START_REF] Garud | Institutional Entrepreneurship in the Sponsorship of Common Technological Standards : The Case of Sun Microsystems and Java[END_REF] in order to gain the audience support and acceptance and legitimize their innovation. Legitimacy and legitimation strategies are therefore determinants for the success and the diffusion of innovations (Hargadon and Douglas 2002;Munir and Philips, 2005). Legitimacy refers to the perception by an audience of how an organizational form or artefact is viewed as proper and appropriate, and how it fits with general cognitive and cultural framing carried by the audience [START_REF] Deephouse | Organizational Legitimacy: Six Key Questions The SAGE Handbook of Organizational Institutionalism[END_REF]. According to [START_REF] Suchman | Managing legitimacy: Strategic and institutional approaches[END_REF], three types of legitimacy can be identified in the literature which might be termed pragmatic legitimacy, cognitive legitimacy and moral legitimacy.

Pragmatic legitimacy rests on the self-interest calculation of the audience that evaluates organizational activities, behaviours, and forms. The audience grants legitimacy to the organization when it perceives that it can profit from the legitimized activity or organizational form, or that somehow the organizational activity or form, the object of legitimacy, are aligned with general and established interests. In other words, pragmatic legitimacy is granted as long as the major players' interests are preserved and enhanced, and as long as the novelty introduced by the organization is perceived as sustaining the political and power equilibrium in the field.

The second type is cognitive legitimacy. The main contribution and cornerstone of neo institutional theory [START_REF] Dimaggio | The Iron Cage Revisited: Institutional Isomorphism and Collective Rationality in Organizational Fields[END_REF] hinges on the idea that legitimacy equates to "taken-for-grantedness". Legitimacy refers, therefore, to the extent to that the audience understands the object of legitimacy which must be perceived as familiar and comprehensible (Hargadon and Douglas, 2002). This echoes what DiMaggio (1997) defines as "automatic cognition", that lies in the capability of actors to put the object of legitimacy in a given category automatically. Making sense of novelty and innovation doesn't occur in a vacuum because actors use their existent schemas to understand and to categorize novelty and innovation. This is one of the most important paradoxes of innovation; being perceived both as familiar and as new at the same time [START_REF] Garud | Institutional Entrepreneurship in the Sponsorship of Common Technological Standards : The Case of Sun Microsystems and Java[END_REF]Hargadon and Douglas 2002).

Moral legitimacy is the third type and refers to how an audience perceives the organization's activities and arrangements as "right" or "wrong" according to a set of values shared by the audience. The moral legitimacy judgment bases are entrenched in culture and in the wide socially constructed value system [START_REF] Suchman | Managing legitimacy: Strategic and institutional approaches[END_REF]. Therefore, the audience has to judge whether "the means" and "procedures" used by the organization to perform the "ends" are wrong or right.

According to [START_REF] Deephouse | Organizational Legitimacy: Six Key Questions The SAGE Handbook of Organizational Institutionalism[END_REF], the literature on legitimacy falls neatly into two camps: strategic and institutional explanations. From a neo institutional theory standpoint legitimacy is socially constructed by actors at the level of the society and the organizational field.

Institutional dynamics produce institutional pressures that define norms, rules, and taken for granted patterns that an organization must espouse [START_REF] Scott | Institutions and Organizations: Thousand Oaks[END_REF]. For institutional theory, legitimacy is conferred by the audience to the organization when the audience perceives a cultural and cognitive congruence between cognitive schemas and cultural framing and the organization. This view of legitimacy as a perception [START_REF] Suddaby | Legitimacy[END_REF] by the audience casts a shadow over actors' agency and their ability to shape and disrupt the institutional basis of legitimacy judgments.

From the strategic perspective, legitimacy is viewed as a resource that skilled and resourceful actors can acquire from the audience [START_REF] Deephouse | To be different, or to be the same? It'sa question (and theory) of strategic balance[END_REF]. Thanks to the integration of agency to institutional theoretical apparatus, organizations considered as actors with freedom and leeway to behave strategically according to their self-interests can therefore shape the institutional basis of judgment [START_REF] Fligstein | Social skill and institutional theory[END_REF].

Legitimation strategies designate those efforts that actors perform in order to secure the legitimacy of their activities, forms, and innovations [START_REF] Vaara | Pulp and Paper Fiction: On the Discursive Legitimation of Global Industrial Restructuring[END_REF]. As legitimacy is continually challenged by multiple actors in the organisational field, "participants act to obtain, maintain, and defend the legitimacy they have acquired, while also seeking to deny legitimacy to the other members of the shared community" (Miller, 2008: 162). Therefore, legitimation strategies became the most powerful vector of institutionalization [START_REF] Suddaby | Rhetorical Strategies of Legitimacy[END_REF].

In one of the most eloquent and insightful works on legitimation strategies of innovation, Hargadon and Douglas (2002) used the concept of dominant design to depict how entrepreneurs, by adapting the design of their technologies and by gaining political support from central players in the market, embed their innovation into the established institutions. The success and the diffusion of an innovation depend therefore on the extent to which the innovation meets institutions (Hargadon and Douglas, 2002). For instance, the authors showed how Edison's success in promoting electric lighting as a substitute for gas lighting was heavily indebted to choices in the design of the technology such as maintaining the gas meter device and installing the electric cables below the grade. The main idea behind these design adaptations was to present the electric light as very close to the gas technology in regard to the taken-forgranted schemes carried out by users. The challenge of comprehensibility, and cognitive legitimacy as its main consequence, is crucial to the success of innovation. Hargadon and Douglas (2002) portrayed how an innovation's failure can stem from lack of cognitive legitimacy since users were not able to comprehend the new offer. When technologies are too far from familiar schemes of users and when entrepreneurs fail to anchor innovations in the cognitive schemes of users, cognitive legitimacy cannot be achieved. Hargadon and Douglas (2002) portrayed Edison not as a mere innovator but rather as a skilfull and talented "institutional entrepreneur" [START_REF] Dimaggio | Interest and Agency in Institutional Theory[END_REF] with sharp political skills. Indeed, thanks to the active support of the banker Morgan Stanley and the cooptation of several major players from the gas industry, the electric lighting technology gained pragmatic legitimacy.

Pragmatic legitimacy is very important to the success of innovation as shown in the work of [START_REF] Garud | Institutional Entrepreneurship in the Sponsorship of Common Technological Standards : The Case of Sun Microsystems and Java[END_REF] when Sun Microsystem gained the battle against Microsoft over network interoperability technologies through the mobilization and support of a wide community of freelance developers. In a nutshell, major legitimacy innovation challenges hinge on pragmatic and cognitive dimensions.

It is fair to point out here that the moral facets of innovation receive scant attention in the literature on legitimation strategies of innovations. Moral judgments are indeed most prevalent in specific fields that are confronted with contestation because of their unethical character [START_REF] Vergne | Stigmatized categories and public disapproval of organizations: A mixed-methods study of the global arms industry, 1996-2007[END_REF] or activities imbued with a sacred character that must be kept out of the market and far from commoditization such as blood or organs transplantations [START_REF] Zelizer | Human values and the market: The case of life insurance and death in 19th-century America[END_REF]. More broadly, we know little on how innovations are sponsored and defended within the particular context of morally contested market activities [START_REF] Quinn | The Transformation of Morals in Markets: Death, Benefits, and the Exchange of Life Insurance Policies1[END_REF]. We contend that morally contested activities/commodities are insightful sites to study the legitimation strategies of innovation.

Innovation in morally contested market activities

In many societies, some activities such as life insurance, blood, human organs, cadavers, female eggs, and sperm donation are kept out of the market because of moral judgments [START_REF] Almeling | Selling genes, selling gender: egg agencies, sperm banks, and the medical market in genetic material[END_REF]. Indeed, moral judgments and the lack of moral legitimacy trigger market-excluding boundary work that define which human activities can be included to market or not [START_REF] Peifer | The Moral Limits of the Market: Science Commercialization and Religious Traditions[END_REF]. Central to morally contested activities is the idea that market and commensurability desacralize those activities and downgrade them to the vile status of a commodity [START_REF] Hitlin | The new sociology of morality[END_REF]. Market and commerce have always been conveyors of progress, peace, and civic-mindedness among society as portrayed by the expression "le doux commerce" coined by Montesquieu, the French philosopher of the Age of the Enlightenment [START_REF] Fourcade | Moral views of market society[END_REF]. Indeed, because of contracts and formal rules and the idea that market can enhance the interest and social fair of all (Ben Slimane and Lamine, 2017), the enrolment of actors in market transactions and exchanges prevent them from fighting each other and shed a meaning of cordiality over them. Yet despite the civilizing mission of the market, moral judgments put limits on the expansion of the market and give the impetus of boundary-excluding work performed by activists [START_REF] Peifer | The Moral Limits of the Market: Science Commercialization and Religious Traditions[END_REF] and moral entrepreneurs [START_REF] Becker | Outsiders[END_REF].

However, several morally contested activities related to life, death, human body, and human organs have been steadily introduced to the market thanks to the including boundary work of entrepreneurs and other stakeholders (Zeilzer 1978;[START_REF] Quinn | The Transformation of Morals in Markets: Death, Benefits, and the Exchange of Life Insurance Policies1[END_REF][START_REF] Trompette | Le marché des défunts: Presses de Sciences Po Paris[END_REF]. For instance, [START_REF] Quinn | The Transformation of Morals in Markets: Death, Benefits, and the Exchange of Life Insurance Policies1[END_REF] showed how the exchange of life insurance gained a moral acceptance as its promoters and sponsors performed legitimation strategies that allowed diffusion and wide acceptance of the new offer. The exchange of life insurance emerged and gained a toehold in the US when HIV patients number increased. The deal was that HIV patients sell their life insurance before dying and the buyer will get the money after the patient's. This practice was heavily criticized for moral reasons at the outset, triggering what Quinn (2008) termed sacred revulsion. Buyers of life insurance engaged in strategies responding to moral concerns such as crafting the meaning of a decent death that can be granted to the sellers of their life insurance who can then pay their debts or have a comfortable end of life.

Therefore, the determinant of whether morally contested activities can be included in the market is the outcome of the struggle between two contradictory boundary works: one excluding boundary work that resists against commodification and one including boundary work that promotes market exchanges around those activities. Accordingly, in addition to cognitive and pragmatic legitimacy required for any innovation and novelty, entrepreneurs promoting morally contested innovations have moreover to perform an including boundary work.

Literature on morally contested fields didn't yet address the three facets of legitimacy together.

One explanation to this fact is probably the temptation to consider that once established, morally contested fields are seldom subject to change and innovation because of their inertia. Indeed, the role of entrepreneurs in promoting morally contested innovation had always been limited to the creation of the field and rarely to the introduction of innovation in such fields. We therefore formulate the following research question: what are the legitimation strategies of innovations in morally contested fields?

Case description

In order to investigate the legitimation strategies of innovations within morally contested fields, we've conducted a qualitative study based on the case of the introduction of cardboard coffins into the French funeral services field. We contend that this case fulfils the main criteria of what [START_REF] Pettigrew | Longitudinal field research on change: Theory and practice[END_REF] terms an "extreme case" which are transparency and the compelling character of the observed phenomenon in regard to theory. Indeed, funeral services had been acknowledged as being a morally contested field in previous studies (Trompette and Lemonier, 2009). Funeral services had been established as a market in France during the 17 th century and many private interests started handling a set of activities that had been the prerogative of the Church [START_REF] Trompette | Le marché des défunts: Presses de Sciences Po Paris[END_REF].

The funeral service market is organized around the activities of handling the body after the death, transportation of the body, and burial or cremation. All the services around the funeral rites and the handling and transportation of the body are performed by funeral homes for the families of the deceased. Cemeteries and crematoriums facilities belong to the municipalities.

Crematorium management is established as a type of mixed public and private interest company. In France, there are two kinds of funeral homes. The first category include funeral homes that are a part of larger networks of branded funeral homes (ex: Funecap, OGF, Roc Eclerc, Le choix Funeraire). They share many assets and commonalities such as central purchasing groups that provide them with coffins and other products. Those funeral homes have little latitude deciding which suppliers and products they can offer to families since those decisions are made at the network level. The second type of funeral home in France is the independent funeral home and they have more latitude and autonomy in selecting suppliers and products.

The coffin plays a central role in the funeral rites in France as well as in the funeral services market. From the French law standpoint, a coffin is mandatory for the handling and the burial or the cremation of the deceased. The coffin in France had always been made from wood for burial as well as for cremation. The price of a coffin made from wood goes from 500€ to more than 8000 1 € depending on the type of wood used.

The last decade witnessed the emergence of a challenging alternative to the institutionalized coffin made from wood. This innovation hinges on the cardboard coffin. Two entrepreneurs, AB Crémation and Eco-Cerc, entered the funeral services market during the end of the last decade with a coffin made from cardboard. The cardboard coffin, they argue, is cheaper and more ecological than a wood coffin. They've faced a strong resistance from the main players in 1 Source: https://meilleures-pompes-funebres.com/conseils/choisir-un-cercueil the market pushing them to perform specific legitimation strategies in order to answer to legitimacy challenges and to defend their innovation.

Method

Data collection

Our study is based on a single case study [START_REF] Yin | Case Study Resaerch: Design and Methods: Sage Publication Second Edition[END_REF] that is suitable for theory building (Eiseinhardt, 1989). Our data cover an extensive period of time, starting from the introduction of the cardboard coffin in France. We look backward to better understand the context of the funeral services field and look forward to grasp the moves and strategies of the different actors.

We chose the empirical site of cardboard coffins in France because it shows in a compelling manner the moral struggles around the introduction of a novelty in a morally contested field.

As we've mentioned above, our study is based on qualitative data. Our main goal is to achieve a deeper understanding of both the context of the French funeral services field and the strategies and interactions among the main actors triggered by the emergence of the cardboard coffin.

Therefore, we collected data from various types of sources. We conducted 24 interviews that lasted between 15 to 90 minutes. Twenty-one out of 24 interviews were recorded and transcribed. Among our interviewees, are two founders of the cardboard coffin companies (AB Crémation and Eco-Cerc), several funeral home owners and managers (both network and independent), two journalists working for the main specialized media covering the funeral services market in France, wooden coffin manufactures, incinerator manufacturers, and representatives from the French federation for cremation.

We also collected secondary data such as press articles, internal documents provided by the interviewees, specialized press in the funeral services field, customer and public views on forums, videos released on the Internet and notes we took during a visit to an industry fair dedicated to the funeral services field that had been held in Paris on November 2017.

Data analysis

Our data analysis follows three steps. First, we elaborated on an event database of "who did what" following the recommendations of [START_REF] Van De Ven | Event-and outcome-driven explanations of entrepreneurship[END_REF]. The event database enhanced our understanding of the case and allowed us to identify the critical issues in the introduction of the innovation and the major interpretative struggles [START_REF] Hardy | Institutional Entrepreneurship[END_REF] over the social meaning attached to the market practices of using a coffin in France. For example, one of the major criticisms made by incumbents to the cardboard coffin hinged on its disrespectful character to the deceased person since cardboard is viewed as vile whereas wood is deemed noble.

In the second step we look into the moves and discourse of the cardboard coffin proponents and identify how they addressed the three major legitimacy challenges previously identified in the literature by [START_REF] Suchman | Managing legitimacy: Strategic and institutional approaches[END_REF]: the pragmatic, the cognitive and the moral legitimacy. We use three codes to point to each of the three facets of legitimacy. In order to identify the pragmatic legitimacy strategies, we ask the question of how the proponents of the cardboard coffin worked at gauging the interest of the audience in accepting the innovation. In the same vein of the seminal work of Hargadon and Douglas (2002), the cognitive pillar was grasped through the investigation of how the proponents of the cardboard coffin made their new product understandable and how they worked at embedding their product in the institutionalized beliefs about what a coffin should look like. We pinpointed the moral legitimation strategies by identifying how proponents of the cardboard coffin addressed the main critics about what was wrong with using cardboard in manufacturing coffins. Mainly, they had to challenge and address the critics of disrespecting the deceased because of the vile character of cardboard.

In the third and last step, we look into the three legitimation strategy facets aimed at identifying more fine-grained strategies and moves by the innovation proponents. We started an axial coding [START_REF] Strauss | Qualitative Analysis for Socoial Scientists[END_REF]. We coded the excerpts according to how the cardboard coffin proponents address legitimacy challenges and lumped together the different codes until reaching a satisfying stability of coding and saturation of data (Table 1). For instance, we identified two strategies of moral legitimation: the reduction of the moral revulsion and the reenchantment of consumption practice.

Findings

Our analysis shows that sponsors of morally contested innovations perform legitimation strategies at the three facets of legitimacy: the pragmatic, the cognitive, and the moral. Each of these strategies consists of substrategies. In this section, we develop each of those strategies and substrategies.

1-Pragmatic legitimation strategies

According to [START_REF] Suchman | Managing legitimacy: Strategic and institutional approaches[END_REF] pragmatic legitimacy refers to the extent the audience would accept a given practice according to their self-interest calculation. By performing pragmatic legitimacy strategies, the proponents of the cardboard coffin will try to gain political support and endorsement for their innovation. For some ceremonies with children, it can be interesting to have this type of casket, because it allows them to draw on the coffin of the grandfather or the grandmother. This allows a personalized tribute to a loved one (Interview with Mr. Gentil, Owner of an independent funeral home)

As we explained above, in the French market of funeral services, coffin producers sell their coffins to the independent funeral homes and to the central purchasing groups of the funeral home networks. At the outset, the majority of funeral homes resisted the cardboard coffin for different moral reasons related to disrespect to the deceased person, to issues of product design, and also because of more interest-driven reasons. Indeed, as we mentioned above, the coffin plays a central role in the funeral rites in France and wood coffins are quite expensive. The cardboard coffin is proposed at a lower price ranging from 400 to 1300 Euros (Source:

Interview with the CEO of AB Crémation). A lower priced coffin would therefore harm the profit of funeral homes (Source: interview with the CEO of AB Crémation). Facing the resistance of funeral homes belonging to branded networks, the pragmatic legitimacy strategies of the proponents and sponsors of the cardboard coffin had been focused on two different audiences: the independent peripheral funeral homes and the families of the deceased.

Targeting peripheral players in the field

An actor's position in the field has always been recognized as an important factor that explains an actor's strategy vis-à-vis the change (Leblibici et al., 1991). Peripheral actors, because of their position further from the centre, are less socialized to the institutionalized practices and have few or no vested interests in the status quo. In our case, the earlier funeral home adopters of cardboard coffins were small, independent funeral homes. They've seen cardboard coffins as a way to differentiate themselves. This excerpt shows vividly the position of a small, independent funeral home owner in the North of France:

Offering the cardboard coffin is a way to differentiate my business from my competitors who only offer coffin from wood (Interview with Mr Henard, owner of an independent funeral home).

Another argument for adopting the cardboard coffin is its low price and the opportunity to target a new clientele who are price sensitive. During the last decade, a new consciousness has emerged in France that criticizes the high cost of funeral services and pointing to funeral homes as greedy. The following excerpt underscores this idea:

At the outset, many funeral homes were very enthusiastic about the cardboard coffin, they told themselves that they would be able to buy the coffin at 50 € and sell it to families at 200 €. They would propose the coffin as kind of appealing product (Interview with Mrs Bailly, owner of an independent funeral home)

The audience constituted by peripheral actors, small, independent funeral homes, were the first target of cardboard coffin manufacturers since their interests were aligned.

Targeting the public

This strategy aims at targeting the end customer, here, the family of the deceased or persons who arrange their funeral in advance, is more disruptive to established practices of the funeral services market. Indeed, establishing a direct connection between the coffin manufacturers and the end customer is a new practice in France. By bypassing the funeral homes, this direct connection has a disruptive character. Targeting the families was an answer to the resistance of the funeral homes as described by Mrs Sabatier, the CEO of AB Crémation:

I had to find out a solution to the resistance of the funeral homes. I told myself that I had to do like in Great Britain where families order coffin directly from the manufacturer (Interview with Mrs Sabatier, CEO of AB Crémation)

Families have to order the cardboard coffin from the website of the company that will send out the coffin as a kit. Then, the family brings the coffin to the funeral home for the transportation and handling of the body. The cardboard coffin entrepreneurs turned their communication strategies toward the families and the persons who would arrange their funeral in advance putting to the fore the argument of low price and the argument of being environmentally friendly and caring. The cardboard had been framed as having a lower footprint than wood.

Both the economic and the environmental arguments were appealing to families who prefer cardboard to wood. Mrs. Sabatier, the founder of AB Crémation, published in April 2016 a petition and opened a forum to allow interactions with the public. The following excerpts from the forum hosted on her website shows how the public has welcomed the cardboard coffin:

It is fantastic, in addition the price is decent, because I shall say that one has to be rich to die (posted 11/19/2017) I think that this is very good and ecological, it is fantastic to have a tree planted in one ashes; what a nice idea to reforest our planet (posted 01/11/2017)

Facing the resistance of central actors in the field of funeral services in France who had seen their financial interests threatened by the introduction of cardboard coffins, promoters of this innovation choose to target the peripheral players and the public by implementing legitimation strategies aiming at gaining political support and achieving the audience acquiescence.

Cognitive legitimacy

Innovations that diffuse and succeed in markets are those that are understandable and that appear familiar to the audience (Hargadon and Douglas, 2002). The cardboard coffin raised many concerns and questions when it emerged in France. The main concerns hinged on the design and material properties of cardboard in comparison to wood. Since the cardboard coffin is sold as a kit, questions about how the coffin has to be unpacked and assembled had been also raised.

Addressing both issues of design and providing a user manual, the cardboard coffin manufacturers performed two legitimation substrategies: adapting the design of their product and educating the users.

Adapting the product design

The main issues raised by the cardboard coffin design are twofold. First, the early version of the cardboard coffin had been released without handles. The absence of handles was striking for the actors in the market who cognitively associated a coffin with handles even though in the case of cremation, handles are not mandatory for handling the coffin. In other countries, handles are not installed on coffins used for cremation. The version without handles had been refused by the crematoriums as shown in this excerpt when the CEO of the Parisian crematorium of Père Lachaise (one of the largest actors in the market) refused the first version of the cardboard coffin:

Once we had the coffin in our hands to test it, we noted that there was a problem. The main problem was the absence of handles. It was dangerous to manipulate the coffin without handles. (Interview with Mr Michaud-Nerard, Père Lachaise Crematorium)

The second source of issues related to design stems from the technical properties of cardboard related to resistance. Even though the proponents of the cardboard coffin always insisted that their cardboard coffin has satisfying resistance properties, they did add a backing plate made from wood on the back of the coffin. Indeed, during the cremation, the coffin is handled by a loader that uses a mechanical arm to push the coffin inside the oven. Because of the assumed technical properties of the cardboard and mainly its lack of resistance, crematoriums were afraid that the back of the coffin would be pierced by the mechanical arm. Even though there was no evidence of such a risk and no incidents had occurred, this belief was widely shared among crematorium operators and managers. Those modifications of the design are justified by the expectations of the crematoriums and their beliefs of what a coffin should look like as highlighted in this excerpt from Mrs. Sabatier.

The first cardboard coffin model that we've released were not equipped with handles. It seemed useless, indeed for cremation handles are not used to carry the coffin. For cremation, coffins are handled with hands put below the coffin. However, the absence of handles was destabilizing for people working for crematorium. (Mrs Sabatier, Funéraire info -18/04/13) These modifications of the design guaranteed acceptance of the cardboard coffin the by crematoriums and, consequently, their legitimation as an accepted product.

informing families on how they should behave once they order their coffin and what arguments they should make if the funeral home refused to handle the cardboard coffin. Such a strategy contributes to educating customers to the new transactions and interactions with the funeral homes emerging as a consequence of the direct sale of coffins by cardboard coffin manufacturers to the general public.

Moral legitimacy

The introduction of the cardboard coffin into the French funeral services market raised many moral concerns. The main criticism hinged on the perceived disrespect by the family to the deceased person. Indeed, the cardboard coffin had been compared by its detractors to "a shoe box" (Interview with a funeral home owner). In such sacred fields, the economic calculation is kind of taboo and actors often use strategies and tactics to mystify and hide their interest calculation when dealing with activities that raise moral concerns [START_REF] Zelizer | Human values and the market: The case of life insurance and death in 19th-century America[END_REF]. Choosing the noblest type of wood is viewed as the final homage the family can give to the deceased person (interview with a funeral service network manager). The cardboard coffin manufacturers had

to face and answer to the critics of disrespect. To do so, they performed two legitimation substrategies. The first substrategy aimed at reducing the moral revulsion. The second substrategy consists of re-enchanting the practice of using a deemed vile material such as the cardboard.

Reducing the moral revulsion

In order to answer to the critics of the "shoe box", the company Eco-Cerc launched a new version of the cardboard coffin covered with a thin layer of plywood board (2 millimetres). The new coffin looks like a coffin made from wood.

When I used to sell the 100 % cardboard coffin, people used to tell me that "it is a shoe box". However, with the new coffin with the plywood board, we cannot make any difference between cardboard coffin and wooden coffin and people can even celebrate funeral ceremonies in the church. I'm not attached to the plywood board, but it has the virtues to answer to some concerns regarding the demeaning character of cardboard (Interview with Mrs Saussol, Co-founder of Eco-Cerc).

With this new version of the cardboard coffin the family can avoid suffering from the criticisms of their close circles and relatives who may accuse them of depreciating the deceased person and failing to show respect and recognition. As argued by Mr Henard, a funeral home owner, with this kind of coffin, only a few people will know that it is made of cardboard and they can save face and avoid attacks on choosing such cheap and vile material.

A second substrategy of reducing the moral revulsion hinged on replacing the word cardboard with "coffin made of complex cellulose in honeycombed shape" or "ecological coffin". By removing the word cardboard, the company Eco-Cerc tried to avoid its negative connotation and attract more people as assumed by his co-founder and manager:

"the word cardboard conveys a negative meaning, that's why we abandoned this term. We don't talk about cardboard coffin anymore but rather «coffins in alveolar celluloisic complex". We broke the codes of the cardboard coffin which considered as cheap and disrespectful. We chose this reformulation to shock less" (Interview with Mr. Dupond, Co-founder of Eco-Cerc).

These two strategies contributed to reducing the moral revulsion around the cardboard coffin and challenged the critics' claim of disrespect and depreciation.

Re-enchanting the consumption practice

The AB Crémation Company's main advantage lies in the opportunity to customize the coffins through using paintings or different images to cover the coffin. A thin film is therefore put on the coffin and families have a wide selection of styles to choose from: flowers, music, animals, fashion, etc. The aim here is not to reduce the revulsion of the cardboard but rather to re-enchant it by opening new possibilities of customization of the coffin. Mrs. Sabatier, the founder of AB Crémation, enetered the funeral services business in the aftermath of her husband's the death.

She still regrets not being able to offer her deceased husband a distinguished and unique funeral ceremony and complained about the limited choices imposed by funeral homes. Offering the possibility to customize the coffin and to select an image that could make a final homage to the deceased person had been presented as a way to re-enchant the funeral rites and ceremonies as stressed in the excerpt below.

We all have different cultures, different backgrounds and I don't understand why funeral homes would impose us the same things to all of us…. A last wink to the deceased person may help us mourn the beloved person. The customization allows to refer to a passion or to a corporation. It is unique. I don't just sell coffins. There is creative and artistic features in the story. When we chose customization, we forget about the material [the cardboard] (interview with Mrs. Sabatier, CEO of AB Crémation).

People interested in such customization also highlighted the idea that with such new possibilities "death became affordable and poetic" (posted on the forum on the 09/27/2017).

Discussion and conclusion

In this paper we attempted to answer the following research question: What are the legitimation strategies of innovations in morally contested fields?

Our starting point was the observation that both literature on innovation and on morally contested activities fail to capture the complete picture of the legitimation strategies of innovation in morally contested fields. Our work aimed at filling this void and producing new and fresh knowledge about how innovations diffuse in the specific context of morally contested fields.

Our findings show that proponents of innovation within morally contested fields commit themselves in pragmatic legitimacy through targeting the peripheral players and the public, they answer to cognitive legitimacy challenges by adapting the design of their product and by educating users of the product, and finally, respond to moral concerns by reducing moral revulsion and re-enchanting the consumption practice (see table 2).

Table 2: The legitimation strategies of innovation in morally contested fields. In previous studies of morally contested markets, those cognitive issues have rarely been studied (see [START_REF] Quinn | The Transformation of Morals in Markets: Death, Benefits, and the Exchange of Life Insurance Policies1[END_REF]. Moral issues cast a shadow on cognitive features of innovation. Our study challenges this idea and places into the fore the importance of cognitive legitimacy for innovation in morally contested fields.

Type of legitimacy

Targeting peripheral players and the public to overcome resistance

Our findings show that political support in the case of innovation in morally contested fields doesn't come from the cooptation of central players and incumbents as stressed in previous studies (Hargadon and Douglas, 2002;[START_REF] Rao | Institutional Change in Toque Ville: Nouvelle Cuisine as an Identity Movement in French Gastronomy[END_REF]. Central players in the field are powerful and resourceful players and for this reason their endorsement and support of an emerging innovation is vital (Ben Slimane and Leca, 2014). Often, entrepreneurs develop strategies to target and enroll powerful players in their project as a way to reduce risk of failure (However, central players are deemed more conservative and show more inertia than peripheral players who are more inclined to embrace the change as they are less attached to the status quo (Leblibici et al., 1991). Our findings show that whereas networks and big players of funeral homes showed resistance to cardboard coffins, independent funeral homes were among the early adopters of the innovation. This early adoption greatly impacted the cognitive legitimization of the cardboard coffin as the number of users increased and the knowledge shared between peripheral and central players enhanced the comprehensibility and acceptability of the innovation. In line with the findings of [START_REF] Sapir | The Practices of Knowledge Creation: Collaboration Between Peripheral and Core Occupational Communities[END_REF], this case study demonstrates the capacity of peripheral professional communities to create and transfer knowledge that can bring change to the whole organisational field.

We also find that enrolling peripheral players is facilitated by two inner features. The first is their flexible and simple decision-making process. Often, peripheral players are small companies where the decision is made by a single person. This is not the case with big players and network members. Second, peripheral players' survival according to the resource partitioning theory [START_REF] Soule | Competition and resource partitioning in three social movement industries[END_REF] depends on their ability to seek out niches of specialisation and differentiation. Adopting such morally contested innovations is, therefore, in line with the resource partitioning theory.

Our findings also show that gaining political support may also come from directly targeting the public. Establishing a direct connection with the public and influencing it can be an effective solution to overcome the inertia and resistance of incumbents. In the same vein as the work of [START_REF] Garud | Institutional Entrepreneurship in the Sponsorship of Common Technological Standards : The Case of Sun Microsystems and Java[END_REF], we show how community and grassroots targeting can be an effective solution to bypass the inertia of incumbents. One explanation of the efficiency of such strategy is that once adopting the arguments and the thesis of the entrepreneurs, the public can act as a source of pressure on incumbents and on the market in general. This strategy is successful as it can transform passive customers into active players (Scaroboto and Fisher, 2013). Enrolling the public requires a discourse that conveys the meaning of emancipation of consumers from the domination of incumbents. This is one of the discursive strategies that our entrepreneurs used in the carboard coffin case. Indeed, they framed their discourse toward the freedom of choice.

Reducing moral revulsion and re-enchanting the consumption practice to respond to moral concerns.

Our study of the introduction of cardboard coffins in the field of funeral services in France contributes to the literature of innovation and morally contested market activities by adding two novel strategies that can be used by entrepreneurs and innovation sponsors when facing moral challenges.

The first strategy is the reduction or the alleviation of moral revulsion. Previous studies showed that including morally contested activities produce moral revulsion. According to Quinn (2008: 756) revulsion is a feeling that combines "sacrilegious impropriety with concerns about economic exploitation".

We show that entrepreneurs can work on reducing this revulsion rather than performing strategies of rationalizing consumerism [START_REF] Quinn | The Transformation of Morals in Markets: Death, Benefits, and the Exchange of Life Insurance Policies1[END_REF]. Indeed, in Zelizer's work (1978) and also in Quinn's study of life insurance as a secondary market (2008), it showed how actors can rationalize morally contested activities. Rationalizing includes the development of logical arguments that can compensate the negative social judgment. Our study shows a different strategy that is based on reducing moral revulsion.

Reducing moral revulsion occurs when innovation's shocking features and its propensity to trigger moral concerns is downplayed by material and symbolic artefacts brought to the design of the product or to the communication accompanying the product by the sponsors of the innovation. In our case, hiding the cardboard visually by applying the plywood film and hiding its significance and meaning by using other words like "alveolar celluloisic complex" instead of "carboard" offer good examples of tactics contributing to reducing the moral revulsion.

The reduction of the moral revulsion in our study points to an important and original phenomenon. Indeed, we show that moral revulsion is also a relational concept. People may feel the moral revulsion because of the judgment of others. Allowing people to escape and avoid judgment of others is also an important way to reduce the moral revulsion. In the same vein as the works of [START_REF] Hudson | Not with a ten-foot pole: Core stigma, stigma transfer, and improbable persistence of men's bathhouses[END_REF] we show that hiding morally contested activities from other's judgments can contribute to the reduction of moral revulsion and as a consequence add to its moral legitimization.

Our findings also highlight the strategies of re-enchanting the new practices as a way to gain moral legitimacy. Far from rationalization, this case study offers a novel strategy to answering moral challenges. By re-enchanting, we refer to those strategies that infuse a consumer practice with new values and symbols. According to Thomson and Coskuner-Balli ( 2007) "enchantment is theoretically linked with experiences of magic, wonderment, spontaneity and transformative feelings of mystery" (p 280).

The possibilities of customization that they offer and the new practices that they allow, such as leaving a message or a drawing on the coffin, fit into the definition of enchantment thanks to the new experience of funeral ceremonies offered to the family. By so doing, the moral revulsion due to the use of a vile component such as carboard for the coffin is balanced by new values and symbols of wonderment and spontaneity. Among the main values attached to the cardboard coffin is the personalization of the coffin and the uniqueness of the funeral ceremony.

Indeed, the cardboard coffin offers the opportunity to customize the coffin according to the deceased's passions and referring to experiences that he/she valued highly. Such customization can be considered a form of homage to the deceased.

This feeling of uniqueness enabled by the cardboard coffin creates a sort of enchantment that balances the feeling of disrespect that one can have when putting a family member in a "shoe box". The re-enchantment of consumer practices deflects the attention of the audience from negative and moral concerns and projects them into a universe made with new values of enchantment.

Finally, our contributions are derived from a single case study. The case study method offers a unique opportunity for a thick description of the studied phenomenon; however, they fall short in generalizing the contributions to other contexts. Future research must put more efforts into testing the relevance of those strategies in different markets characterized by moral questioning.

This research used a single case study with the aim of building new knowledge on the legitimation strategies of morally contested innovation. Whereas, single case studies are suitable methods to build new knowledge about understudied phenomena, generalization must obviously be drawn with care. Therefore, it would be the duty of the upcoming research on this topic to work on comparing and confronting our results with different and new empirical contexts.

  product design to the established beliefs -Educating and training users Moral legitimacy -Reducing the moral revulsion -Re-enchanting the consumption practice Our study makes a threefold contribution to the literature of innovation and morally contested market activities. First, it makes room for moral legitimation strategies and shows how to articulate with pragmatic and cognitive strategies in the complex process of the promotion and diffusion of innovations. Second, it highlights the role of targeting peripheral players and the public in gaining acceptance and bypassing the resistance of central actors in the field. Third, our study points out the role of strategies in reducing moral revulsion and re-enchantment in answering moral concerns and critics. Articulating the three types of legitimation strategies to promote innovations in morally contested fields Our study of the introduction of cardboard coffins in the field of funeral services in France allowed us to build a more comprehensive picture of the legitimation strategies for innovations in morally contested fields. Previous research documented the importance of legitimation strategies for the diffusion of innovation (Das and Ven de Ven 2000; Hargadon and Douglas 2002). However, they restricted legitimacy strategies in the straitjacket of cognitive and pragmatic legitimation strategies. Moral legitimacy refers to the perception that an activity or a social arrangement is deemed as the right thing to do. Morally contested activities and fields, because of the inner nature of the transactions around them, are infused with values of sacredness and holiness, and are therefore excluded from market. Few researches in innovation have paid sufficient attention to innovation dynamics in such fields. The case of the introduction and diffusion of cardboard coffins inFrance offers an ideal empirical site to study the three legitimations strategies -cognitive, pragmatic and moral -at play. This case shows that sponsors of innovations in morally contested activities and fields have to consider the legitimation strategies from a broader perspective and commit themselves in the three types of strategies at the same time. Even though morally contested innovation raises important and strong moral concerns, pragmatic and cognitive challenges shouldn't be neglected. As we have demonstrated, both pragmatic and cognitive legitimation strategies play an important role in the acceptance and diffusion of innovations in morally contested fields. Those two elements had been neglected in previous studies on moral issues in the marketplace. Our study sheds light on the importance of political support as well as on understandability and comprehensibility of the product from the user standpoint.Our study also underscores the challenges of comprehensibility for innovations in morally contested activities. We argue that even when moral concerns are raised by users and market actors, issues of comprehensibility must be tackled. Actors may not understand how they can use and interact with the new arrangements of practices and innovations. Sponsors of those innovations have to adapt the design of their product to established beliefs and expectations and have to also educate and communicate with users. The absence of handles in the early versions of cardboard coffins destabilized users and stakeholders. Even though handles are not functional and are useless from a practical point of view, they are part of the institutionalized features of a coffin in the French culture.

Table 1 :

 1 Illustrations of Coding Funeral homes are aware that if families want and ask for a cardboard coffin they cannot sell to them a wooden coffin. Families are very knowledgeable thanks to Internet and customers critics (interview with Mrs Sabatier, CEO of AB Crémation) I sell directly to the families who are interested in the concept. You have the right to choose this alternative (the carboard coffin) for a cremation. (Sabatier Forum (02 11 2017). We've asked Mr. Michaud-Nérard (the CEO of the Crematorium Père Lachaise) what are the conditions to be able to sell our product? Thereafter we started adapting our product we added the reinforcement on the back of the coffin and handles (Interview with Mr. Dupont co-founder of Eco Cerc) -Educating and training users I've been very well informed by Mrs. Sabatier before choosing my funeral insurance. Thanks to her, I will avoid traps and introduce originality in my funeral (customer 29 09 2017).

	Type of legitimacy	Legitimation substrategies	Illustrations of evidences of legitimation strategies
		-Targeting the peripheral players	The majority of my customer are independent funeral homes because	Since January 2015, I've been working with some funeral homes who
			those who are part of networks are stuck. What make transacting with	welcomed such product because they are independent funeral homes
			independent easy is that they choose their suppliers (Interview with	who don't belong to big players (Interview with Mr Saussol, Co-
			Mrs Sabatier, CEO of AB Crémation)	founder of Eco Cerc)
	Pragmatic Legitimacy	-Targeting the public
		-Adapting the product design to the	At the outset coffin had no handles. Now, cardboard coffins had
		established beliefs	handles made with woven cotton (interview with Mrs Sabatier, CEO
	Cognitive Legitimacy		of AB Crémation).
		-Reducing the moral revulsion	We have this model in imitation wood that looks like wooden coffin	But I can guarantee you that when customers see our casket, it does
			(Interview with Mrs. Sabatier, CEO of AB Crémation)	not look like a cardboard casket. You really have to tell them it's one
				of them. That's why we do not call it cardboard casket [cellulosic
				alveolar complex] and to prevent people from posing a moral
	Moral legitimacy			problem. Problem that should not happen, because our coffin is quite
				in tune with a beautiful coffin. (Interview with Mr Dupond,Co-
				founder of Eco-Cerc)
		-Re-enchanting the consumption practices I have 3500 pictures of poppies. As much to tell you that families
			have the choice. Rather than opt for an eternal wooden coffin, they
			can buy a coffin almost unique, ". (Interview with Mrs Sabatier, CEO
			of AB Crémation)

The Kit includes several planks (pedestal, sides, cover) that must be joined following the advice of the method of assembly delivered with the different parts. Grooves and holes facilitate the joining of parts, walls and handles, screws provided with the pack finalize the attachment of the assembly. Once in place, the inside of the box is covered with a sheet-shroud in natural organic cotton, with a matching pillow. The whole thing is contained in a cardboard pack of around thirty kilos. (Blog:, consulted on 07 06 2018)

Educating users

The concerns of the crematoriums was not the only the hurdle facing the acceptance of the cardboard coffin. An important issue was the instructions provided for using the coffin. Indeed, the coffin is sold as a kit and the families have to bring it to the funeral home to be assembled.

The cardboard coffin manufacturers published many internet videos and tutorials to educate and train users on how to buildthe cardboard coffin. In one of the videos, we can even see the founder of AB Crémation being handled like a dead body and put in the cardboard coffin. The picture below is an excerpt from the instruction manual that AB Crémation provide their customers. The manual describes 17 steps for assembling the coffin.

Picture 1 : Step no. 7 from the instruction manual of cardboard coffin of AB Cremation.

The cardboard coffin manufacturers have also attended many professional fairs and exhibits dedicated to the funeral services market and organized training sessions of how to unpack and assemble the coffin.

The second issue faced by the cardboard coffin is also related to the user. Selling coffins directly to the end user disrupts the institutionalized interactions between funeral homes and families.

Until now the family of the deceased only needs to pay for a complete funeral package and the funeral home delivers all the services and interacts with the different constituencies engaged in the cremation process. Families who choose a cardboard coffin are placed in a new situation that raises many questions, especially the risk of the funeral home refusing to use a carboard coffin. AB Crémation took this issue very seriously and dedicated a lot of time and effort in