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Regional Oral History Office University of California the Bancroft Library Berkeley, California
Regional Oral History Office University of California The Bancroft Library Berkeley, California Philip Selznick An Oral History with Philip Selznick Conducted by Roger Cotterrell January 28-January 30, 2002 For the Center for the Study of Law and Society University of California, Berkeley Copyright © 2010 by The Regents of the University of California Since 1954 the Regional Oral History Office has been interviewing leading participants in or well-placed witnesses to major events in the development of Northern California, the West, and the nation. Oral History is a method of collecting historical information through tape-recorded interviews between a narrator with firsthand knowledge of historically significant events and a well-informed interviewer, with the goal of preserving substantive additions to the historical record. The tape recording is transcribed, lightly edited for continuity and clarity, and reviewed by the interviewee. The corrected manuscript is bound with photographs and illustrative materials and placed in The Bancroft Library at the University of California, Berkeley, and in other research collections for scholarly use. Because it is primary material, oral history is not intended to present the final, verified, or complete narrative of events. It is a spoken account, offered by the interviewee in response to questioning, and as such it is reflective, partisan, deeply involved, and irreplaceable. ********************************* All uses of this manuscript are covered by a legal agreement between The Regents of the University of California and Philip Selznick, dated June 17, 2010. The manuscript is thereby made available for research purposes. All literary rights in the manuscript, including the right to publish, are reserved to The Bancroft Library of the University of California, Berkeley. -
Law, Society, and Industrial Justice
Law, Society, and Industrial Justice Law, and Industrial Justice Philip Selznick with the collaboration of PHILIPPE NONET and HOWARD M. VOLLMER RUSSELL SAGE FOUNDATION 1969 vi Preface That association was made possible by the Center for the Study of Law and Society, subsisting on a grant from the Russell Sage Foundation. I ex¬ tend thanks and greetings to all who have been connected with the Center, especially Leonard S. Cottrell of the Russell Sage Foundation, Vice-Chair¬ man Sheldon L. Messinger, Mary Alden, Jerome E. Carlin, Caleb Foote, Sanford H. Kadish, Leo Lowenthal, David Matza, Frank C. Newman, Jerome H. Skolnick, and Elliot Studt. As always, I am indebted to Gertrude Jaeger Selznick, for specific help on intellectual puzzles and for unflagging devotion to the examined life. Philip Selznick Berkeley, California May, 1969 Contents PREFACE v Part One: Legal and Social Theory 1. LAW, SOCIETY, AND MORAL EVOLUTION 3 Law as generic, 4 Law as a realm of value, 8 The ideal of legality, 11 The morality of cooperation, 18 The emergent polity, 26 Incipient and inchoate law, 32 2. THE QUEST FOR A LAW OF ASSOCIATIONS 35 Associations and freedom, 37 The corporate entity, 43 Contract and association, 52 Power and property, 63 Part Two: Social Foundations of Industrial Justice 3. MANAGEMENT AND GOVERNANCE 75 Rationality, legality, and managerial self-restraint, 75 Human relations and the rule of law, 95 Politics and human relations, 114 4. COLLECTIVE BARGAINING AND LEGAL EVOLUTION 121 Toward the prerogative contract, 122 The constitutive contract, 137 Creative arbitration, 154 From prerogative to policy, 178 5. -
Sociology of Organizations • Researchers Work Somewhere Within the Space Anchored by These Two Poles • Concepts As Varied As: – “Transaction Costs” (O
Traditional and contemporary view of social aspects of organizations Kalina Grzesiuk Organizations in sociology Max Weber (1864-1920)- his contributions to sociology include key contributions to organizational sociology • Concept of bureaucracy • Concepts of power and authority: – Authority is either • rational-legal (based on rules) • traditional • charismatic Characteristics of Weber’s ideal bureaucracy • Hierarchy of authority – tasks distributed as „official duties”, – looks like a pyramid with the positions of highest authority at the top, – chain of command from top to bottom – making coordinated decisions possible Characteristics cnd. • Written rules – govern the conduct of officials at all levels, – not the same as routine, – might need flexibility in their interpretation Characteristics cnd. • Officials – full-timed and salaried, – each job – fixed salary, – possibilities of promotion – on the basis of capability, seniority or both • Separation between tasks within organization and officials’ life outside – home is distinct from work • Members of organization are not owners of its material resources they operate on – separation of work from control of the means of production The effectiveness of bureaucracy • Bureaucratic procedures – might limit initiative – ensure decisions are taken according to general criteria rather than individual caprice • Training of officials – ensures a general level of overall competence The effectiveness cnd. • Making officials positions, salaried and full-timed – limits the risk of corruption • Performance -
Harmony Ideology and Dispute Resolution: a Legal Ethnography of the Tibetan Diaspora in India
HARMONY IDEOLOGY AND DISPUTE RESOLUTION: A LEGAL ETHNOGRAPHY OF THE TIBETAN DIASPORA IN INDIA by SUSANNE ARANKA DUSKA A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY in THE FACULTY OF GRADUATE STUDIES (Interdisciplinary Studies) [Law, Anthropology, Tibetan Studies] THE UNIVERSITY OF BRITISH COLUMBIA (Vancouver) August, 2008 © Susanne Aranka Duska, 2008 ii ABSTRACT Communitarianism and harmony ideology have their proponents and critics, particularly as viewed through the lens of conciliation-based dispute resolution. Both features being prominent in the Tibetan Diaspora in India, I hypothesized that the strengths and weaknesses of these orientations could be assessed through the rationale behind the norms of social control operative in the community, and the efficiency and effectiveness of those norms in terms of voluntary compliance. I found that the informal Tibetan mechanisms for dispute resolution were effective and efficient in supporting Indian systems of law enforcement, while allowing a ritualistic affirmation of community. Contrary to proponents of legal centralism and court justice, I found that liberalist values underpinning litigative process were disruptive of social expectations, and had the potential to exacerbate rather than relieve social tensions. The harmony norms that predispose pro-social behavior within Tibetan settlements failed to protect the interests of community members, however, when the challenge came from local Indian groups operating on the basis of their