Pub Date : 2023-10-13DOI: 10.1146/annurev-lawsocsci-111622-063635
Susan H. Whiting
This review addresses three questions surrounding authoritarian legality and state capitalism in China. First, what is legality, and does it exist in China's Leninist single-party state? Scholars who characterize the system as order maintenance find the absence of legality. Those employing dual-state and instrumentalist views of law find partial legality. Scholars promoting the notion of bare legality find complete legality. Second, does authoritarian legality strengthen regime legitimacy? Scholars agree that the state seeks legitimation through its embrace of authoritarian legality. Empirical research tests this claim. Third, is China in transition from plan to market, and what is the role of law in state capitalism? The teleology of the transition paradigm overlooks illiberal underpinnings of property rights and factor markets. Answers to these questions help explain regime resilience, economic growth, economic crisis, and inequality in China. Both the institution of the dual state and the perpetuation of plan elements reinforce state power.
{"title":"Authoritarian Legality and State Capitalism in China","authors":"Susan H. Whiting","doi":"10.1146/annurev-lawsocsci-111622-063635","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-111622-063635","url":null,"abstract":"This review addresses three questions surrounding authoritarian legality and state capitalism in China. First, what is legality, and does it exist in China's Leninist single-party state? Scholars who characterize the system as order maintenance find the absence of legality. Those employing dual-state and instrumentalist views of law find partial legality. Scholars promoting the notion of bare legality find complete legality. Second, does authoritarian legality strengthen regime legitimacy? Scholars agree that the state seeks legitimation through its embrace of authoritarian legality. Empirical research tests this claim. Third, is China in transition from plan to market, and what is the role of law in state capitalism? The teleology of the transition paradigm overlooks illiberal underpinnings of property rights and factor markets. Answers to these questions help explain regime resilience, economic growth, economic crisis, and inequality in China. Both the institution of the dual state and the perpetuation of plan elements reinforce state power.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135857366","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-13DOI: 10.1146/annurev-lawsocsci-111622-062400
Darlène Dubuisson, Patricia Campos-Medina, Shannon Gleeson, Kati L. Griffith
This review examines the historical and contemporary factors driving immigrant worker precarity and the central role of race in achieving worker justice. We build from the framework of racial capitalism and historicize the legacies of African enslavement and Indigenous dispossession, which have cemented an exclusionary economic system in the United States and globally. We consider how racism and colonial legacies create migrant displacement and shape the experiences of immigrant workers. We also detail how racism permeates the immigration bureaucracy, driving migrant worker precarity. The traditional labor movement has played an important role in closing this gap, but increasingly so have worker centers and the immigrant rights movement as a whole. These partnerships have had to navigate coalitional tensions as they build new strategies for realizing immigrant worker rights.
{"title":"Centering Race in Studies of Low-Wage Immigrant Labor","authors":"Darlène Dubuisson, Patricia Campos-Medina, Shannon Gleeson, Kati L. Griffith","doi":"10.1146/annurev-lawsocsci-111622-062400","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-111622-062400","url":null,"abstract":"This review examines the historical and contemporary factors driving immigrant worker precarity and the central role of race in achieving worker justice. We build from the framework of racial capitalism and historicize the legacies of African enslavement and Indigenous dispossession, which have cemented an exclusionary economic system in the United States and globally. We consider how racism and colonial legacies create migrant displacement and shape the experiences of immigrant workers. We also detail how racism permeates the immigration bureaucracy, driving migrant worker precarity. The traditional labor movement has played an important role in closing this gap, but increasingly so have worker centers and the immigrant rights movement as a whole. These partnerships have had to navigate coalitional tensions as they build new strategies for realizing immigrant worker rights.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135855630","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-13DOI: 10.1146/annurev-lawsocsci-111522-085910
Jared A. Ellias
In 1978, Congress created a new federal bankruptcy law that has since become a key part of the American capital markets. I examine how large companies and their investors contract to make bankruptcy more or less likely, how distressed firms negotiate with creditors outside of bankruptcy, and how companies plan for a Chapter 11 filing and navigate the bankruptcy system. I also survey the strategic moves, ranging from litigation to financing, that activist investors deploy to improve their bargaining power and earn higher returns. The American bankruptcy system is evolving constantly, and prevailing accounts of bankruptcy law quickly become stale, creating a constant need for new empirical research to establish a foundation for policy making.
{"title":"Bankruptcy Law's Knowns and Unknowns","authors":"Jared A. Ellias","doi":"10.1146/annurev-lawsocsci-111522-085910","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-111522-085910","url":null,"abstract":"In 1978, Congress created a new federal bankruptcy law that has since become a key part of the American capital markets. I examine how large companies and their investors contract to make bankruptcy more or less likely, how distressed firms negotiate with creditors outside of bankruptcy, and how companies plan for a Chapter 11 filing and navigate the bankruptcy system. I also survey the strategic moves, ranging from litigation to financing, that activist investors deploy to improve their bargaining power and earn higher returns. The American bankruptcy system is evolving constantly, and prevailing accounts of bankruptcy law quickly become stale, creating a constant need for new empirical research to establish a foundation for policy making.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135805034","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-17DOI: 10.1146/annurev-lawsocsci-120822-112007
Alexander J. S. Colvin, M. Gough
This article offers a comprehensive overview of the academic literature concerning mandatory employment arbitration and existing empirical evidence. Proponents of mandatory employment arbitration contend mandatory arbitration provides access to justice to those excluded from the traditional civil litigation system. Conversely, opponents of mandatory employment arbitration assert that it is a coercive system that disproportionately benefits employers and disadvantages employees. Although these entrenched perceptions of mandatory employment arbitration are not new, an expanding body of recent empirical research provides fresh insights. The empirical literature reveals lower employee success rates and financial awards, longer case resolution times, and evidence of a repeat player effect in arbitration relative to civil litigation and, as a whole, tends to support arguments made by opponents of the forum. This article reviews the literature on the major debates surrounding employment arbitration and corresponding empirical evidence. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Mandatory Employment Arbitration","authors":"Alexander J. S. Colvin, M. Gough","doi":"10.1146/annurev-lawsocsci-120822-112007","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-120822-112007","url":null,"abstract":"This article offers a comprehensive overview of the academic literature concerning mandatory employment arbitration and existing empirical evidence. Proponents of mandatory employment arbitration contend mandatory arbitration provides access to justice to those excluded from the traditional civil litigation system. Conversely, opponents of mandatory employment arbitration assert that it is a coercive system that disproportionately benefits employers and disadvantages employees. Although these entrenched perceptions of mandatory employment arbitration are not new, an expanding body of recent empirical research provides fresh insights. The empirical literature reveals lower employee success rates and financial awards, longer case resolution times, and evidence of a repeat player effect in arbitration relative to civil litigation and, as a whole, tends to support arguments made by opponents of the forum. This article reviews the literature on the major debates surrounding employment arbitration and corresponding empirical evidence. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2023-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44138328","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-17DOI: 10.1146/annurev-lawsocsci-111522-091304
T. Andia, Nitsan Chorev
International agreements on Intellectual Property (IP) have proven to be a good example to study global lawmaking. Beginning by looking at the 1990s Trade-Related Intellectual Property Rights (TRIPS) agreement and into the negotiation and implementation of regional and national trade agreements, this article reflects on the intricate relationship between international IP agreements and public health. The comprehensive analysis of these international rules and their effect provides valuable insights into the dynamic interplay between domestic and international factors in shaping health policies. Building upon the IP case, we categorize existing scholarship on global law-making into three methodological approaches: ( a) methodological internationalism, ( b) methodological nationalism, and ( c) the interplay between domestic and international factors. We close with a call for researchers to advocate and integrate into their methods a co-constitutive approach that considers the simultaneous shaping of domestic and international elements. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"How to Study Global Lawmaking: Lessons from Intellectual Property Rights and International Health Emergencies","authors":"T. Andia, Nitsan Chorev","doi":"10.1146/annurev-lawsocsci-111522-091304","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-111522-091304","url":null,"abstract":"International agreements on Intellectual Property (IP) have proven to be a good example to study global lawmaking. Beginning by looking at the 1990s Trade-Related Intellectual Property Rights (TRIPS) agreement and into the negotiation and implementation of regional and national trade agreements, this article reflects on the intricate relationship between international IP agreements and public health. The comprehensive analysis of these international rules and their effect provides valuable insights into the dynamic interplay between domestic and international factors in shaping health policies. Building upon the IP case, we categorize existing scholarship on global law-making into three methodological approaches: ( a) methodological internationalism, ( b) methodological nationalism, and ( c) the interplay between domestic and international factors. We close with a call for researchers to advocate and integrate into their methods a co-constitutive approach that considers the simultaneous shaping of domestic and international elements. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2023-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44752123","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-12DOI: 10.1146/annurev-lawsocsci-121922-051047
Prabha Kotiswaran
Feminists have long demonstrated the invisibility of women's reproductive labor, performed in bearing and raising children, maintaining households, and socially sustaining male labor. Every wave of feminist struggle from the late nineteenth century onward has actively queried the inequalities that characterize women's performance of such work, variously referred to as unpaid domestic and care work, domestic labor, or care work. Robust traditions of scholarship on women's unpaid work animate various disciplines, often spilling into political struggles for adequate recognition of this work. As the pandemic has rendered visible once again the reproductive labor of women the world over, this article offers an overview of social reproduction theory, feminist legal theorizations of reproductive labor, and how we might recuperate a rich tradition of theorizing on social reproduction to develop a robust materialist approach to law's regulation of reproductive labor across the marriage-market spectrum with a view to social and economic justice. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Laws of Social Reproduction","authors":"Prabha Kotiswaran","doi":"10.1146/annurev-lawsocsci-121922-051047","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-121922-051047","url":null,"abstract":"Feminists have long demonstrated the invisibility of women's reproductive labor, performed in bearing and raising children, maintaining households, and socially sustaining male labor. Every wave of feminist struggle from the late nineteenth century onward has actively queried the inequalities that characterize women's performance of such work, variously referred to as unpaid domestic and care work, domestic labor, or care work. Robust traditions of scholarship on women's unpaid work animate various disciplines, often spilling into political struggles for adequate recognition of this work. As the pandemic has rendered visible once again the reproductive labor of women the world over, this article offers an overview of social reproduction theory, feminist legal theorizations of reproductive labor, and how we might recuperate a rich tradition of theorizing on social reproduction to develop a robust materialist approach to law's regulation of reproductive labor across the marriage-market spectrum with a view to social and economic justice. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2023-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44258841","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-12DOI: 10.1146/annurev-lawsocsci-120122-092655
J. Carroll
In the past six decades, pretrial detention systems have undergone waves of reform. Despite these efforts, pretrial jail populations across the country continue to swell. The causes of such growth in jail populations are difficult to pinpoint, but some are more readily apparent: Fear over rising crime rates, judicial reluctance to release accused persons, and monetary burdens associated with release have all contributed to increased detention pretrial across criminal legal systems in the United States. This article examines various pretrial detention reform efforts and highlights the need for greater research in the area. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"The Ever-Shifting Ground of Pretrial Detention Reform","authors":"J. Carroll","doi":"10.1146/annurev-lawsocsci-120122-092655","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-120122-092655","url":null,"abstract":"In the past six decades, pretrial detention systems have undergone waves of reform. Despite these efforts, pretrial jail populations across the country continue to swell. The causes of such growth in jail populations are difficult to pinpoint, but some are more readily apparent: Fear over rising crime rates, judicial reluctance to release accused persons, and monetary burdens associated with release have all contributed to increased detention pretrial across criminal legal systems in the United States. This article examines various pretrial detention reform efforts and highlights the need for greater research in the area. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2023-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48086164","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-28DOI: 10.1146/annurev-lawsocsci-020223-040749
Michael Veale, K. Matus, Robert Gorwa
Artificial intelligence (AI) is a salient but polarizing issue of recent times. Actors around the world are engaged in building a governance regime around it. What exactly the “it” is that is being governed, how, by who, and why—these are all less clear. In this review, we attempt to shine some light on those questions, considering literature on AI, the governance of computing, and regulation and governance more broadly. We take critical stock of the different modalities of the global governance of AI that have been emerging, such as ethical councils, industry governance, contracts and licensing, standards, international agreements, and domestic legislation with extraterritorial impact. Considering these, we examine selected rationales and tensions that underpin them, drawing attention to the interests and ideas driving these different modalities. As these regimes become clearer and more stable, we urge those engaging with or studying the global governance of AI to constantly ask the important question of all global governance regimes: Who benefits? Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"AI and Global Governance: Modalities, Rationales, Tensions","authors":"Michael Veale, K. Matus, Robert Gorwa","doi":"10.1146/annurev-lawsocsci-020223-040749","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-020223-040749","url":null,"abstract":"Artificial intelligence (AI) is a salient but polarizing issue of recent times. Actors around the world are engaged in building a governance regime around it. What exactly the “it” is that is being governed, how, by who, and why—these are all less clear. In this review, we attempt to shine some light on those questions, considering literature on AI, the governance of computing, and regulation and governance more broadly. We take critical stock of the different modalities of the global governance of AI that have been emerging, such as ethical councils, industry governance, contracts and licensing, standards, international agreements, and domestic legislation with extraterritorial impact. Considering these, we examine selected rationales and tensions that underpin them, drawing attention to the interests and ideas driving these different modalities. As these regimes become clearer and more stable, we urge those engaging with or studying the global governance of AI to constantly ask the important question of all global governance regimes: Who benefits? Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42327702","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-20DOI: 10.1146/annurev-lawsocsci-111522-090534
A. Kirkland
Research on vaccines in the law and social sciences skews heavily toward an instrumentalist approach to knowledge in service of vaccine promotion. Overcoming hesitancy and promoting vaccine acceptance have been major goals, but successful levers for behavioral change remain elusive. Research with constructivist approaches to vaccines from feminist sociology and anthropology has uncovered ethnographic richness to describe how vaccine debates illuminate inequalities in parenting and re-entrench patterns of racism and colonialism. There is considerable potential in science and technology studies approaches that take seriously the materiality and movement of vaccines in networks of production, finance, and global politics, though there are considerable methodological challenges for these research designs. This review charts the lopsided bibliography of law and social science research on vaccines, asking why scholars rarely move away from instrumentalist conceptions of law in the service of public health and, when they do, explaining what theoretical tools enable it. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Beyond Law as a Tool of Public Health: Vaccines in Interdisciplinary Sociolegal and Science Studies","authors":"A. Kirkland","doi":"10.1146/annurev-lawsocsci-111522-090534","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-111522-090534","url":null,"abstract":"Research on vaccines in the law and social sciences skews heavily toward an instrumentalist approach to knowledge in service of vaccine promotion. Overcoming hesitancy and promoting vaccine acceptance have been major goals, but successful levers for behavioral change remain elusive. Research with constructivist approaches to vaccines from feminist sociology and anthropology has uncovered ethnographic richness to describe how vaccine debates illuminate inequalities in parenting and re-entrench patterns of racism and colonialism. There is considerable potential in science and technology studies approaches that take seriously the materiality and movement of vaccines in networks of production, finance, and global politics, though there are considerable methodological challenges for these research designs. This review charts the lopsided bibliography of law and social science research on vaccines, asking why scholars rarely move away from instrumentalist conceptions of law in the service of public health and, when they do, explaining what theoretical tools enable it. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48332595","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-20DOI: 10.1146/annurev-lawsocsci-110722-074236
T. Tyler
My scholarly career has centered around articulating and testing a model of legitimacy-based law and governance. In recent decades, that model has achieved considerable success in shaping the way legal authority is understood and exercised. At the same time the legitimacy of legal, political, and social institutions and authorities has declined, raising questions about the future viability of a legitimacy-based model. In this review, I discuss the ascension and potential decline of legitimacy-based governance and outline alternative models of authority that may emerge in the twenty-first century. Three issues are addressed: whether there are ways to reinvigorate legitimacy-based law and governance; whether social norms, moral values, or ideologies are viable alternative forms of authority; and whether it is better to accept that no single form of authority works best in all situations and theories should focus on identifying the contingencies under which different forms of authority are most desirable. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Whither Legitimacy? Legal Authority in the Twenty-First Century","authors":"T. Tyler","doi":"10.1146/annurev-lawsocsci-110722-074236","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-110722-074236","url":null,"abstract":"My scholarly career has centered around articulating and testing a model of legitimacy-based law and governance. In recent decades, that model has achieved considerable success in shaping the way legal authority is understood and exercised. At the same time the legitimacy of legal, political, and social institutions and authorities has declined, raising questions about the future viability of a legitimacy-based model. In this review, I discuss the ascension and potential decline of legitimacy-based governance and outline alternative models of authority that may emerge in the twenty-first century. Three issues are addressed: whether there are ways to reinvigorate legitimacy-based law and governance; whether social norms, moral values, or ideologies are viable alternative forms of authority; and whether it is better to accept that no single form of authority works best in all situations and theories should focus on identifying the contingencies under which different forms of authority are most desirable. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47008000","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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