Legality with a Vengeance
Reclaiming Distribution for Sociolegal Studies
Bibliographic Data
| ID | 4085151 |
|---|---|
| Authors | Sandra R Levitsky (0000-0002-5965-7854), Rachel Kahn Best (0000-0002-9372-1792), Jessica Garrick (0000-0003-4791-7265) |
| Year | 2018 |
| Volume | 52 |
| Issue | 3 |
| Pages | 709-739 |
| Publication date | 2018-09-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Society Review (JOURNAL) |
| Journal identifiers | ISSN: 0023-9216 • E-ISSN: 1540-5893 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1111/lasr.12349 |
| OpenAlex | W2898314446 |
| Language | EN |
| Citations received | 8 |
| References cited | 98 |
The law and society community has argued for decades for an expansive understanding of what counts as "law." But a content analysis of articles published in the Law & Society Review from its 1966 founding to the present finds that since the 1970s, the law and society community has focused its attention on laws in which the state regulates behavior, and largely ignored laws in which the state distributes resources, goods, and services. Why did socio-legal scholars avoid studying how laws determine access to such things as health, wealth, housing, education, and food? We find that socio-legal scholarship has always used "law on the books" as a starting point for analyses (often to identify departures in "law in action") without ever offering a programmatic vision for how law might ameliorate economic inequality. As a result, when social welfare laws on the books began disappearing, socio-legal scholarship drifted away from studying law's role in creating, sustaining, and reinforcing economic inequality. We argue that socio-legal scholarship offers a wide range of analytical tools that could make important contributions to our understanding of social welfare provision
Law and economics · Political science · Principle of legality · Private law · Public law · Scholarship · Sociology · Judicial and Constitutional Studies · Law · Legal Education and Practice Innovations · Regulation and Compliance Studies
Conflict and Solidary Determining Parameters of the Negative and Positive Processes of the Legal Aspect of the Social Life (The Problem of Establishing Regular Associations)
Public opinion about the shadow carceral state
Informed Non-Use
Rural Social Safety Nets for Migrant Farmworkers in Michigan, 1942–1971
Inequality and the Human Right to Tuition-Free Higher Education
Genealogies of Property as Power
Marginalized legal categories
Calabresi's invite
Praying for Justice
The courts and social policy
Rights at work
Pitied but not entitled
Closing the Rights Gap
The Permanent Tax Revolt
Unwanted Claims
The Submerged State
The Common Place of Law
Law in Everyday Life
In the shadow of the poorhouse
The Delegated Welfare StateMedicare, Markets, and the Governance of Social Policy
Drawing Lines in the Sand
Dismantling the Welfare State?
Social Citizenship and Workfare in the United States and Western Europe
How Policies Make Citizens
Caring for Our Own
The Divided Welfare State
Cheating Welfare
Suburban Sweatshops
Poverty and Famines
Mind the Gap
Growing Up in Law and Society
In Their Own Words
Injustice Frames, Legality, and the Everyday Construction of Sexual Harassment
Law and Society in Transition
Evicted. Poverty and profit in the American city
Karl Llewellyn and the Realist Movement
Roll over Beethoven
Decision Making vs. Policy Making
The Progressive Assault on Laissez-Faire
Welfare-State Regress in Western Europe
Rush to Judgment
American Business, Public Policy, Case-Studies, and Political Theory
When Effect Becomes Cause
Typologies, Taxonomies, and the Benefits of Policy Classification
The Consequences of Public Policy for Democratic Citizenship
American Exceptionalism and the Welfare State
The Pull of the Policy Audience
Culture in Action
Engaged Research, "Goose Bumps," and the Role of the Public Intellectual
Taking Stock
Legal Needs of the Poor in the City of Denver
Appeals Day
The Dynamics of Informal Procedure
Coercion and Distribution in a Supposedly Non-Coercive State
From Legal Realism to Law and Society
Critical Traditions in Law and Society Research
The Right to Refuse Treatment
The Two Faces of Law and Inequality
The Oven Bird's Song
From Poverty to Perversity
After Legal Consciousness
Disease Politics and Medical Research Funding
The Structural Origins of Territorial Stigma
Mind the gap
Between Choice and Sacrifice
Goose Bumps and "The Search for Signs of Intelligent Life" in Sociolegal Studies
Bargaining in the Shadow of Social Institutions
The Reasonable Man
Civil Justice and the Poor
Imagining the Law of the Father
Law, Land, and the Natural Environment in the Kedungombo Greenbelt Area at the Central Javanese Village of Giliredjo
The Leadership Problem in the Legal Services Program
Poverty, Welfare, and the Affirmative State
Berkeley
"What Rights?" The Construction of Political Claims to American Health Care Entitlements
The Dilemma of Clients' Rights in Social Programs
Inquiry and Activism in Law and Society
Pasadena
Postmodernism, Protest, and the New Social Movements
Social Control Through Welfare Legislation
Organizations, Institutions, and the Story of Shmuel
Resistance and the Cultural Power of Law
Ghetto Residents and Urban Politics
Legal Pluralism
Rivers of Law and Contested Terrain
The Contract Buyers League and the Courts
Who Sues Their Doctors? How Patients Handle Medical Grievances
Legal Mobilization in Schools
Developing Public Policy Theory
The Political Limits of the Rights Frame
Access to Civil Justice and Race, Class, and Gender Inequality
Law and the American State
US Social Policy in Comparative and Historical Perspective
Theories of the Welfare State
From Protective to Equal Treatment
The Strength of a Weak Agency
Political Culture Wars 1960s Style
A Theory of Structure
The case for an economic sociology of law
| Unique citing works | 8 |
|---|---|
| Citations per year | 1,33 |
| Citation span | 2020 - 2026 (7) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 8 |