Law and the american state

Abstract
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)
Options
 Save to my reading list
Follow the author(s)
Edit this record
My bibliography
Export citation
Find it on Scholar
Mark as duplicate
Request removal from index
Revision history
Download options
Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 30,224
External links

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.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles
Added to PP index
2009-01-28

Total downloads
1 ( #902,929 of 2,191,994 )

Recent downloads (6 months)
1 ( #289,023 of 2,191,994 )

How can I increase my downloads?

Monthly downloads

Sorry, there are not enough data points to plot this chart.
My notes
Sign in to use this feature