David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Although classical theories of the state and key texts of historical institutionalism and American political development (APD) defined the American state as a fundamentally legal entity, contemporary studies of the American state show a range of roles for law and courts, from no role at all, to a constraint or obstacle, to a positive force for state development. This review maps these varying roles, showing that law and courts are most absent or play negative roles in studies of the growth of the national administrative welfare state. It highlights new studies in this area that show the American state as a legal state and surveys growing numbers of historical institutionalist and APD studies of the state and economic and social regulation, where law and courts are more prominent. It points to the important but mostly neglected subjects of criminal and tort law as areas for future study that unite law and the state. Finally, it concludes by showing how concepts from the sociology of law-legal mobilization, law/court effectiveness, and legal consciousness-can inform state-centered political studies. Portraying the American state as a legal state yields a richer conception, reveals new and important subject matter and explanatory strategies, and can encourage dialogue between scholars of law and scholars of the state.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
John Linarelli (2009). Analytical Jurisprudence and the Concept of Commercial Law. Penn State Law Review 114 (1):119-215.
Bruce L. Benson (1991). Reciprocal Exchange as the Basis for Recognition of Law: Examples From American History. Journal of Libertarian Studies 10 (3):53-82.
Gary Chartier (2012). Enforcing the Law and Being a State. Law and Philosophy 31 (1):99-123.
Evan Fox-Decent (2008). Is the Rule of Law Really Indifferent to Human Rights? Law and Philosophy 27 (6):533 - 581.
Carl Schmitt (1999). Four Articles, 1931-1938. Plutarch Press.
Hugh Webster Babb (ed.) (1951). Soviet Legal Philosophy. Cambridge, Harvard University Press.
Sorry, there are not enough data points to plot this chart.
Added to index2009-01-28
Recent downloads (6 months)0
How can I increase my downloads?