Organizational Challenges to Regulatory Enforcement and Compliance: A New Common Sense about Regulation

THE ANNALS of the American Academy of Political and Social Science September 2013, Volume 649

Special Editor: Susan S. Silbey Following a series of global financial and economic crises at the end of the first decade of the twenty-first century, we hear renewed calls for increased government regulation of the economy (including finance, banking, insurance, communications, environment, and employment) as a necessary safeguard against the excesses of exuberant capitalism. At the same time, opponents argue that government regulation not only dampens market efficiencies and hinders economic growth in general but specifically encourages the predatory and fraudulent practices responsible for the recent Great Recession. This volume of The ANNALS analyzes the bodies of scholarship on regulation as well as the empirical models and policy advice that have both fueled and responded to conventional public regulation by rethinking these paradigms from the perspective of the regulated organizations--in all their diversity and complexity. These articles examine three features of the contemporary situation that demand new ways of looking at the processes and prospects of regulation: experiences with innovative regulatory models propagated as risk management; failures of organizational self-governance; and new forms of networked and dispersed global organizations. We suggest that a new common sense about regulation acknowledges the ubiquity of legal regulation and the contextual conditions that frame the normative interpretations, the global circulation of regulation that has transformed its scale, and finally the role of the organization as the locus of regulation.

Paperback: $35.00, Sale Price $28.00, ISBN: 978-1-4833-4508-6 Hardcover: $48.00, Sale Price $38.40, ISBN: 978-1-4833-4507-9

Marc Galanter's seminal work, "Why the 'Haves' Come Out Ahead," is among the most well-cited law review articles of all time. With his distinction between experienced "repeat players" and inexperienced "one shotters" in the U.S. judicial system, Galanter established a clear and predictable model of how the structure of our legal system and one's frequency of interaction with it influence the outcomes of cases. This book collects the original paper and ten contemporary articles about Galanter's theory in a single volume. The articles, which present new research results and synthesize work done over the past few decades, examine the lasting influence and continued importance of this groundbreaking work. In Litigation provides a thorough presentation of the most durable theory explaining litigation and legal participation that sociolegal scholarship has produced.

This volume presents articles by an interdisciplinary and international group of scholars spanning the social sciences, humanities, and law. It examines new perspectives on political relationships, politics and legal reform, and law and the family.

This volume is part of an annually-published series of interdisciplinary research on law, with a critical focus. Research is invited on a wide range of law-related subjects, including law and inequality, feminist jurisprudence, racial oppression and law, and legal institutions and communities.

Marc Galanter's seminal work, "Why the 'Haves' Come Out Ahead," is among the most well-cited law review articles of all time. With his distinction between experienced "repeat players" and inexperienced "one shotters" in the U.S. judicial system, Galanter established a clear and predictable model of how the structure of our legal system and one's frequency of interaction with it influence the outcomes of cases. This book collects the original paper and ten contemporary articles about Galanter's theory in a single volume. The articles, which present new research results and synthesize work done over the past few decades, examine the lasting influence and continued importance of this groundbreaking work. In Litigation provides a thorough presentation of the most durable theory explaining litigation and legal participation that sociolegal scholarship has produced.

Organizational Challenges to Regulatory Enforcement and Compliance: A New Common Sense about Regulation

THE ANNALS of the American Academy of Political and Social Science September 2013, Volume 649

Special Editor: Susan S. Silbey Following a series of global financial and economic crises at the end of the first decade of the twenty-first century, we hear renewed calls for increased government regulation of the economy (including finance, banking, insurance, communications, environment, and employment) as a necessary safeguard against the excesses of exuberant capitalism. At the same time, opponents argue that government regulation not only dampens market efficiencies and hinders economic growth in general but specifically encourages the predatory and fraudulent practices responsible for the recent Great Recession. This volume of The ANNALS analyzes the bodies of scholarship on regulation as well as the empirical models and policy advice that have both fueled and responded to conventional public regulation by rethinking these paradigms from the perspective of the regulated organizations--in all their diversity and complexity. These articles examine three features of the contemporary situation that demand new ways of looking at the processes and prospects of regulation: experiences with innovative regulatory models propagated as risk management; failures of organizational self-governance; and new forms of networked and dispersed global organizations. We suggest that a new common sense about regulation acknowledges the ubiquity of legal regulation and the contextual conditions that frame the normative interpretations, the global circulation of regulation that has transformed its scale, and finally the role of the organization as the locus of regulation.

Paperback: $35.00, Sale Price $28.00, ISBN: 978-1-4833-4508-6 Hardcover: $48.00, Sale Price $38.40, ISBN: 978-1-4833-4507-9

Why do some people not hesitate to call the police to quiet a barking dog in the middle of the night, while others accept the pain and losses associated with defective products, unsuccesful surgery, and discrimination? Patricia Ewick and Susan Silbey collected accounts of the law from more than four hundred people of diverse backgrounds in order to explore the different ways that people use and experience it. Their fascinating and original study identifies three common narratives of law that are captured in the stories people tell.
One narrative is based on an idea of the law as magisterial and remote. Another views the law as a game with rules that can be manipulated to one's advantage. A third narrative describes the law as an arbitrary power that is actively resisted. Drawing on these extensive case studies, Ewick and Silbey present individual experiences interwoven with an analysis that charts a coherent and compelling theory of legality. A groundbreaking study of law and narrative, "The Common Place of Law" depicts the institution as it is lived: strange and familiar, imperfect and ordinary, and at the center of daily life.