Legal Sociology and the New Institutionalism
In: Studies in law, politics, and society, Band 15, Heft 1, S. 85-101
ISSN: 1059-4337
Examines the contribution of the new institutionalism, which seeks to emphasize the influence of the environment on law, to legal sociology, through an analysis of the work of Lauren Edelman on the 1964 Civil Rights Act. However, rigorous & impressive this work, it is incomplete insofar as it treats law as an independent variable. For legal sociology, there are empirical & theoretical reasons for not using law in this manner. There is little evidence that law makes a large difference to social practices, & theoretically, the dependence of law on the social environment makes law an unsound independent variable. Even if law has an impact on social practices, a theory must still account for the origins of the law. Sociological theories that place law as a primary actor, therefore, fall short in that they fail to explain the construction of law itself. 67 References. J. Cowie