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  1. Habit and creativity in judges’ definition and framing of legal questions.B. Robert Owens & Ben Merriman - 2021 - Theory and Society 50 (5):741-767.
    The dominant social scientific approach to studying judicial behavior treats judges as strategic actors pursuing their political preferences under institutional constraint. The intellectual roots of this rational choice approach are in American law’s long but sporadic engagement with pragmatist ideas. This article challenges that approach: a fully pragmatist account of judicial action provides a better description of the intellectual and social work of judging, and better explains how judges reach a decision in difficult cases that most affect the development of (...)
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  • The logic of quantification: institutionalizing numerical thinking.Hyunsik Chun & Michael Sauder - 2022 - Theory and Society 51 (2):335-370.
    Quantification, in the form of accountability measures, organizational rankings, and personal metrics, plays an increasingly prominent role in modern society. While past research tends to depict quantification primarily as either an external intervention or a tool that can be employed by organizations, we propose that conceptualizing quantification as a logic provides a more complete understanding of its influence and the profound transformations it can generate. Drawing on a 14-month ethnographic study of Korean higher education and 100 in-depth interviews with key (...)
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  • Bureaucratically split personalities: (re)ordering the mentally disordered in the French state.Alex V. Barnard - 2019 - Theory and Society 48 (5):753-784.
    The ability to (re)classify populations is a key component of state power, but not all new state classifications actually succeed in changing how people are categorized and governed. This article examines the French state’s partly unsuccessful project in 2005 to use a new classification—“psychic handicap”—to ensure that people with severe mental disorders received services and benefits from separate agencies based on a designation of being both “mentally ill” and “disabled.” Previous research has identified how new classifications can be impeded by (...)
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