Terence C Halliday
Biographic Data
| ID | 77053 |
|---|---|
| NAME | Terence C Halliday |
| GIVEN NAMES | Terence C |
| FAMILY NAME | Halliday |
| SIGNATURE | HALLIDAY T C |
| AFFILIATIONS | American Bar Foundation |
| VERIFIED | No |
| TOTAL WORKS | 57 |
| TOTAL CITATIONS | 421 |
| AUTHOR COUNT | 55 |
| EDITOR COUNT | 2 |
| FIRST PUBLICATION YEAR | 1975 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 12 |
Judges under stress
How does the sociology of legal complexes contribute to understanding of judges under stress in the shaping of legal-liberal political orders? First, the article proposes six distinctive meanings of judges and judiciaries. Second, it identifies stressors that erode the legitimacy and efficacy of different categories of judges. Third, illustrated by scholarship on Egypt, Pakistan, Taiwan and Hong Kong, it proposes that a theory of domestic and int…
Global legal change from below and above
This article is a contribution to the occasional series dealing with a major book that has influenced the author. Previous contributors include Stewart Macaulay, John Griffith, William Twining, Carol Harlow, Geoffrey Bindman, Harry Arthurs, André‐Jean Arnaud, Alan Hunt, Michael Adler, Lawrence O. Gostin, John P. Heinz, Roger Brownsword, Roger Cotterrell, Nicola Lacey, Carol J. Greenhouse, David Garland, Peter Fitzpatrick, David Nelken, and Lynn M…
Protecting Basic Legal Freedoms
With a focus on legal and other organizational actors beyond the state, this article seeks to expand the theory of conditions under which legal occupations will mobilize to fight for basic legal freedoms within states. It elaborates the line of scholarship on legal complexes and political liberalism within states since the 17 th century. First, we catalog harms that international organizations (IOs) of many kinds seek to protect in the more than …
Dignity Discourses in Struggles for Basic Legal Freedoms in China
How do dignity discourses shift the framing of struggles for basic legal freedoms? Based on our decade-long empirical research on lawyers and politics in China, we provide a theoretical intervention in a burgeoning socio-legal scholarship on dignity in this article. Drawing inductively from in-depth interviews, we find that a powerful current of dignity consciousness and sentiment, joined by an acute awareness of dignity harms, flows through the …
The Politics of Lawyers and the Rule of Law
Scholarly Circles
This article documents how the formation of a Scholarly Circle led to the development of the articles published in this issue. We outline how our Scholarly Circle developed across three stages over a period of seven years. By doing so, we hope to encourage others to consider the Scholarly Circle as a potential model to guide small communities of scholars seeking to integrate their faith and scholarship in a deeper and more deliberate way
Public Theology and Global Governance
The world confronts an enormous range of challenges in the global economy. A far-reaching enterprise has arisen to meet these challenges by producing laws and regulations to shape and protect global commercial and financial markets. This article considers how a Christian theology can guide the highly consequential processes of creating law for world commerce. First, from the perspective of the sociology of globalization, law and markets, the arti…
Constitution-Making and Transnational Legal Order
The Ecology of Activism
This article develops an ecological theory that shifts the paradigm of professional mobilization from causes to relational spaces. It analyzes different species of activist professionals by locating them in an ecology of activism and examining how collective action emerges from their boundary work with the ecology's increasing density and consolidation. It empirically grounds the theory by explaining the political activism of Chinese lawyers in t…
Plausible folk theories
In an age of expertise, where knowledge ostensibly reigns, global governance not infrequently settles for ignorance. To understand this puzzle, this article draws upon extensive empirical research on two sites within the global governance of finance. One is directed to the suppression of money laundering and combating the financing of terrorism by the Financial Action Task Force and International Monetary Fund. Another intends to stimulate the su…
Legal Freedoms
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A Sociology of the Global Economy
Criminal Defense in China
Criminal Defense in China studies empirically the everyday work and political mobilization of defense lawyers in China. It builds upon 329 interviews across China, and other social science methods, to investigate and analyze the interweaving of politics and practice in five segments of the practicing criminal defense bar in China from 2005 to 2015. This book is the first to examine everyday criminal defense work in China as a political project. T…
Discussion Law & Society Review at Fifty
This contribution presents a series of statements on the future of publishing by the Law & Society Review and the Law & Society Association generally. Framed by the first author's introductory and concluding comments are contributions by Halliday, Liu, Morrill, Seron, and Silbey. This debate, based on a LSR 50th anniversary panel held at the 2016 Annual Meeting of the LSA, is intended to open up a broader conversation among members of the Associa…
Political Lawyering
Transnational Legal Orders
This book offers a path-breaking, empirically-grounded theory that reframes the study of law and society. It shifts research from a predominantly national context to one that places transnational, national and local lawmaking and practice within a single, coherent, analytic frame. By presenting and elaborating a new concept, transnational legal orders, Halliday and Shaffer present an original approach to legal orders that affect fundamental econo…
The Trial of Li Zhuang
The Chinese judicial system has long been influenced by a populist legal ideology that prioritizes public accountability and political legitimacy over professional autonomy. In recent years, however, the Chinese legal profession has begun to mobilize collectively, albeit episodically, to challenge this populism. Drawing on legal documents, interviews, media reports, and online discussions, this paper provides a scholarly analysis of the Li Zhuang…
Who governs? Delegations and delegates in global trade lawmaking
Who governs in the international organizations (IOs) that promulgate global norms on trade and commercial law? Using a new analytic approach, this paper focuses on previously invisible attributes of a global legislature – the state and non‐state delegations and delegates that create universal norms for international trade and commercial law through the most prominent trade law legislature, the UN Commission on International Trade Law (UNCITRAL). …
The Legal Complex
The concept of the legal complex is a new addition to the lexicon of sociology and sociolegal scholarship. As a concept, the legal complex emerged from a series of interdisciplinary collaborations and primary research on the politics of lawyers and judges across the world. The review introduces this new collective actor to the political stage and elaborates its defining elements, morphology, varieties of mobilization, and repertoires of action. T…
Architects of the State
For international financial institutions (IFIs), it is a continuing puzzle why the global norms they propagate are enacted either reluctantly or not at all. This article shows that failures of enactment and implementation frequently occur because many IFI-initiated law reforms go far beyond changing the law; they amount to a restructuring of the state itself and the accompanying redistributions of power. This article demonstrates how state restru…
Lawyers, Structure, and Power
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Political Liberalism and Political Embeddedness
This article examines the meanings of politics in everyday legal practice using the case of Chinese criminal defense lawyers. Based on 194 in-depth interviews with criminal defense lawyers and other informants in 22 cities across China, we argue that lawyers' everyday politics have two faces: on the one hand, lawyers potentially can challenge state power, protect citizen rights, and pursue proceduralism in their daily work; on the other hand, the…
Introduction
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Rhetorical legitimation
This paper focuses on a largely neglected aspect of legitimation in international organizations (IOs)—the rhetorical work done by IO scripts as a legitimation strategy of IOs. Based on extensive research within regional and global IOs, we demonstrate four aspects of rhetorical legitimation. First, IO texts draw upon a finite repertoire of rhetorical devices (a) to propagate legitimation strengths of an IO, (b) to amplify or compensate for legitim…
Recursivity in Legal Change
This article employs a new framework for legal change, the recursivity of law, to explain why China's criminal procedure law has cycled through numerous reforms between 1979 and 2008 without improving the conditions of lawyers' criminal defense work. The authors argue that Chinese lawyers' difficulties in criminal defense have deep roots in the recursive nature of the criminal procedure reforms. In particular, those difficulties were produced by …
The Recursivity of Law
For the past 15 years an enormous enterprise of global norm making and related national lawmaking has been underway in many areas of global commerce. This article shows that leading global institutions, such as the World Bank, IMF, and United Nations, are building an international financial architecture with law—including corporate bankruptcy law—as its foundation. Building on research on international institutions and three national cases (China…
Sociology and its publics
Globalization of Law
Globalization of law may be defined as the worldwide progression of transnational legal structures and discourses along the dimensions of extensity, intensity, velocity, and impact. We propose that a theory of the global penetration of law will require at least four elements-actors, mechanisms, power, and structures and arenas. A comparison of four approaches to globalization and law-world polity, world systems, postcolonial globalism, and law an…
Negotiating Globalization
This article draws from a larger research project on the globalization of bankruptcy law that includes (1) a time-series analysis of all bankruptcy reforms worldwide from 1973 to 1998; (2) participation observation, several hundred interviews and documentary analysis of international financial institutions (IMF, World Bank, Asian Development Bank, European Bank for Reconstruction and Development), international professional associations (Internat…
Knowledge Mandates
Political Liberalism and Political Embeddedness
This article examines the meanings of politics in everyday legal practice using the case of Chinese criminal defense lawyers. Based on 194 in-depth interviews with criminal defense lawyers and other informants in 22 cities across China, we argue that lawyers' everyday politics have two faces: on the one hand, lawyers potentially can challenge state power, protect citizen rights, and pursue proceduralism in their daily work; on the other hand, the…
Recursivity in Legal Change
This article employs a new framework for legal change, the recursivity of law, to explain why China's criminal procedure law has cycled through numerous reforms between 1979 and 2008 without improving the conditions of lawyers' criminal defense work. The authors argue that Chinese lawyers' difficulties in criminal defense have deep roots in the recursive nature of the criminal procedure reforms. In particular, those difficulties were produced by …
Minimalist Organizations
This paper uses national data on the growth of state bar associations to develop organizational theory in three respects. First it refines the theory of organizational vital events through a distinction between minimalist and nonminimalist organizations. Second, it develops conceptually and empirically the interplay of time (age, cohort, and period) and size in explanations of the founding and failure of associations. Third, it tests various popu…
Rhetorical legitimation
This paper focuses on a largely neglected aspect of legitimation in international organizations (IOs)—the rhetorical work done by IO scripts as a legitimation strategy of IOs. Based on extensive research within regional and global IOs, we demonstrate four aspects of rhetorical legitimation. First, IO texts draw upon a finite repertoire of rhetorical devices (a) to propagate legitimation strengths of an IO, (b) to amplify or compensate for legitim…
Politics and Civic Professionalism
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Legal Complex
The concept of the legal complex is a new addition to the lexicon of sociology and sociolegal scholarship. As a concept, the legal complex emerged from a series of interdisciplinary collaborations and primary research on the politics of lawyers and judges across the world. The review introduces this new collective actor to the political stage and elaborates its defining elements, morphology, varieties of mobilization, and repertoires of action. T…
Six Score Years and Ten
This paper employs data from the United States Census to raise questions about the historical demography of the legal profession in the United States between 1850 and 1980. I describe in turn (1) national lawyer population trends, (2) regional shifts in the number and ratio of lawyers to population, and (3) changes in the gender composition of the profession. The paper then considers issues concerned with demand theories of lawyer population dyna…
After Minimalism
Compared to conventional approaches, we conceptualize transformations in populations of organizations in terms of shifts in their relative embeddedness in markets and states. As organizations expand beyond minimalist conditions of existence, states and markets offer alternative solutions to the core problems of persistence: obtaining resources, managing competition, and constructing legitimacy. By analyzing the movers and stayers in a population …
Plausible folk theories
In an age of expertise, where knowledge ostensibly reigns, global governance not infrequently settles for ignorance. To understand this puzzle, this article draws upon extensive empirical research on two sites within the global governance of finance. One is directed to the suppression of money laundering and combating the financing of terrorism by the Financial Action Task Force and International Monetary Fund. Another intends to stimulate the su…
Who governs? Delegations and delegates in global trade lawmaking
Who governs in the international organizations (IOs) that promulgate global norms on trade and commercial law? Using a new analytic approach, this paper focuses on previously invisible attributes of a global legislature – the state and non‐state delegations and delegates that create universal norms for international trade and commercial law through the most prominent trade law legislature, the UN Commission on International Trade Law (UNCITRAL). …
Discussion Law & Society Review at Fifty
This contribution presents a series of statements on the future of publishing by the Law & Society Review and the Law & Society Association generally. Framed by the first author's introductory and concluding comments are contributions by Halliday, Liu, Morrill, Seron, and Silbey. This debate, based on a LSR 50th anniversary panel held at the 2016 Annual Meeting of the LSA, is intended to open up a broader conversation among members of the Associa…
Remarriage
The Ecology of Activism
This article develops an ecological theory that shifts the paradigm of professional mobilization from causes to relational spaces. It analyzes different species of activist professionals by locating them in an ecology of activism and examining how collective action emerges from their boundary work with the ecology's increasing density and consolidation. It empirically grounds the theory by explaining the political activism of Chinese lawyers in t…
The Trial of Li Zhuang
The Chinese judicial system has long been influenced by a populist legal ideology that prioritizes public accountability and political legitimacy over professional autonomy. In recent years, however, the Chinese legal profession has begun to mobilize collectively, albeit episodically, to challenge this populism. Drawing on legal documents, interviews, media reports, and online discussions, this paper provides a scholarly analysis of the Li Zhuang…
The Politics of Lawyers
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Professions, Class and Capitalism
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Dignity Discourses in Struggles for Basic Legal Freedoms in China
How do dignity discourses shift the framing of struggles for basic legal freedoms? Based on our decade-long empirical research on lawyers and politics in China, we provide a theoretical intervention in a burgeoning socio-legal scholarship on dignity in this article. Drawing inductively from in-depth interviews, we find that a powerful current of dignity consciousness and sentiment, joined by an acute awareness of dignity harms, flows through the …
Architects of the State
For international financial institutions (IFIs), it is a continuing puzzle why the global norms they propagate are enacted either reluctantly or not at all. This article shows that failures of enactment and implementation frequently occur because many IFI-initiated law reforms go far beyond changing the law; they amount to a restructuring of the state itself and the accompanying redistributions of power. This article demonstrates how state restru…
Redistribution de la propriété et conflits de compétence à la frontière privé-public
Professions and Bankruptcy Reforms in Britain and the United States : Redistributing Property and Jurisdictional Rights across the Public-Private Frontier. The sociologies of law, professions, and politics rarely converge on the process of statutory reform. This paper argues that the concepts of property and jurisdictional rights provide a basis for theoretical convergence and a more compelling explanation of legal change where property redistrib…
Protecting Basic Legal Freedoms
With a focus on legal and other organizational actors beyond the state, this article seeks to expand the theory of conditions under which legal occupations will mobilize to fight for basic legal freedoms within states. It elaborates the line of scholarship on legal complexes and political liberalism within states since the 17 th century. First, we catalog harms that international organizations (IOs) of many kinds seek to protect in the more than …
The politics of ?universal participatory democracy
Profession and Monopoly
Remarriage
Professions, Class and Capitalism
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Sociology of the Professions
Knowledge Mandates
Six Score Years and Ten
This paper employs data from the United States Census to raise questions about the historical demography of the legal profession in the United States between 1850 and 1980. I describe in turn (1) national lawyer population trends, (2) regional shifts in the number and ratio of lawyers to population, and (3) changes in the gender composition of the profession. The paper then considers issues concerned with demand theories of lawyer population dyna…
Minimalist Organizations
This paper uses national data on the growth of state bar associations to develop organizational theory in three respects. First it refines the theory of organizational vital events through a distinction between minimalist and nonminimalist organizations. Second, it develops conceptually and empirically the interplay of time (age, cohort, and period) and size in explanations of the founding and failure of associations. Third, it tests various popu…
Beyond Monopoly
How do professional associations build their resources and establish authroity? What are the conditions under which professional expertise can be mobilized for political action? If professional organizations are endowed with a wealth of resources, do they use them responsibly or only for economic monopoly? What is the potential scope of professional action today? In this pathbreaking study of the legal profession, Terence Halliday raises and addr…
The Public Defender
The Professions and the State
Evangelicalism
The Consumer Casualties of Capitalism
Sociology and its publics
Redistribution de la propriété et conflits de compétence à la frontière privé-public
Professions and Bankruptcy Reforms in Britain and the United States : Redistributing Property and Jurisdictional Rights across the Public-Private Frontier. The sociologies of law, professions, and politics rarely converge on the process of statutory reform. This paper argues that the concepts of property and jurisdictional rights provide a basis for theoretical convergence and a more compelling explanation of legal change where property redistrib…
Sociology and Its Publics
Sociology faces troubling developments as it enters its second century in the United States. A loss of theoretical coherence and a sense of disciplinary fragmentation, a decline in the quality of its recruits, the cooptation of its clients, a muted public voice, and sinking prestige in governmental circles these are only a few of the trends signalling a need for renewed debate about how sociology is organized. In this volume, some of the most aut…
After Minimalism
Compared to conventional approaches, we conceptualize transformations in populations of organizations in terms of shifts in their relative embeddedness in markets and states. As organizations expand beyond minimalist conditions of existence, states and markets offer alternative solutions to the core problems of persistence: obtaining resources, managing competition, and constructing legitimacy. By analyzing the movers and stayers in a population …
Sociology and Its Publics
Art and Revolution
Journal Article Art and Revolution Get access TONY HALLIDAY TONY HALLIDAY Search for other works by this author on: Oxford Academic Google Scholar Oxford Art Journal, Volume 20, Issue 2, 1997, Pages 74–75, https://doi.org/10.1093/oxartj/20.2.74 Published: 01 December 1997
Sociology and Its Publics
The Politics of Lawyers
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Politics and Civic Professionalism
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The Politics of Lawyers
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Politics and Civic Professionalism
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A New Approach to the Dynamic Organization of Knowledge
The Internet poses a massive problem of making sense out of information. Two movements are taking place, side by side. On the one side, since the entry costs are very low, vast amounts of information of enormous variability in quality and value are being dumped on the virtual market. On the other side, to make some sense of it, “search entrepreneurs”—Excite, Yahoo, AltaVista—strive valiantly to create automated engines that will retrieve what we …
Political science (48 works) · Law (42 works) · Sociology (38 works) · Law (30 works) · Politics (26 works) · Law and economics (15 works) · Judicial and Constitutional Studies (14 works) · Legal Education and Practice Innovations (14 works) · Economics (12 works) · Computer Science (11 works)