Law After the Welfare State
Formalism, Functionalism, and the Ironic Turn of Reflexive Law
Bibliographic Data
| ID | 5346316 |
|---|---|
| Authors | Peer Zumbansen (0000-0002-9373-8607, York University, corresponding author) |
| Year | 2008 |
| Volume | 56 |
| Issue | 3 |
| Pages | 769-808 |
| Publication date | 2008-07-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | The American Journal of Comparative Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-919X • E-ISSN: 2326-9197 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.5131/ajcl.2007.0027 |
| OpenAlex | W1997162773 |
| Language | EN |
| Citations received | 11 |
This paper analyzes the contemporary emergence of neo-formalist and neo-functionalist approaches to law-making at a time when the state is seeking to reassert, reformulate and reconceptualize its regulatory competence, both domestically and transnationally. While the earlier turn to alternative regulation modes, conceptualized under the heading of "legal pluralism," "responsive law," or "reflexive law" in the 1970s and 1980s, had aimed at a more socially responsive, contextualized, and ultimately learning mode of legal intervention, the contemporary revival of functionalist jurisprudence and its reliance on "social norms" embraces a limitation model of legal regulation. After revisiting the Legal Realist critique of Formalism and the formulation of functionalist regulation as a progressive agenda, this paper compares the American and German experiences with the rise of the social interventionist state in order to ask where law stands "after the welfare state" at the outset of the twenty-first century
Black letter law · Comparative law · Epistemology · Functionalism (philosophy of mind · Jurisprudence · Law and economics · Legal formalism · Legal pluralism · Legal realism · Philosophy of law · Political science · Private law · Reflexivity · Social science · Sociology · Structural functionalism · Welfare state · Criminal Law and Policy · European and International Contract Law · European and International Law Studies · Law · Philosophy
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Confession as a Form of Knowledge-Power in the Problem of Sexuality
Legal Forms and Reflexive Legal Forms
The Corporation, New Governance, and the Power of the Publicization Narrative
The Cogs and Wheels of Reflexive Law – Business Disclosure under the Modern Slavery Act
The jurisprudence of responsive mediation
Sustainable finance, reflexive law, and the epistemic infrastructure of financial markets
Theorizing regulatory governance within its ecology
| Citations per year | 0.73 |
|---|---|
| Citation span | 2011 - 2026 (16) |
| Highly cited | No |