On the Sociology of Law in Economic Relations

Bibliographic Data

ID12282939
AuthorsIagê Zendron Miola (0000-0002-8840-6288, Federal University of São Paulo, Brazil; Brazilian Center for Analysis and Planning (CEBRAP), Brazil), Sol Picciotto (0000-0003-4251-0765, Lancaster University Law School, UK; University of London, UK, corresponding author)
Year2021
Volume31
Issue1
Pages139-161
Publication date2021-03-23
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueSocial & Legal Studies (JOURNAL)
Journal identifiersISSN: 0964-6639 • E-ISSN: 1461-7390
PublisherSAGE Publishing (PUBLISHER • US)
DOI10.1177/09646639211002881
OpenAlexW3136644562
LanguageEN
Citations received5
References cited55

A focus on law’s role in economic activities was central to many of the classical sociologists, and it remains a key theme in the sociology of law, although no longer central. The view of capitalism as a market economy is reflected in formalist perspectives on economics, law and even sociology, and limits these understandings. Economic sociologists and institutional economists have examined the extensive institutionalisation of economic activity due to the shift to corporate capitalism since the last part of the 19th century, and have focused on law’s role in these processes. The neo-liberal phase of capitalism since the 1970s brought a renewed emphasis on property rights and market-based management, but accompanied by an enormous growth of new forms of regulation, often of a hybrid public-private character, leading to a new view of law as reflective or responsive, very different from traditional formalist perspectives. We argue that law’s role in the economy can be better understood by examining the social processes of lawyering, mediating between the realms of political and economic power, through practices of legal interpretation that both reflect and shape economic activity

Capitalism · Commercial law · Economic sociology · Institutionalisation · Interpretation (philosophy · Political science · Politics · Public law · Social science · Sociology · Sociology of law · Economic Theory and Institutions · Law · Law, Economics, and Judicial Systems · Regulation and Compliance Studies