On the Sociology of Law in Economic Relations
Article Social & Legal Studies 1–23 On the Sociology of Law ª The Author(s) 2021 in Economic Relations Article reuse guidelines: sagepub.com/journals-permissions DOI: 10.1177/09646639211002881 journals.sagepub.com/home/sls Iageˆ Miola Federal University of Sa˜o Paulo, Brazil; Brazilian Center for Analysis and Planning (CEBRAP), Brazil Sol Picciotto Lancaster University Law School, UK; University of London, UK Abstract A focus on law’s role in economic activities was central to many of the classical sociolo- gists, and it remains a key theme in the sociology of law, although no longer central. The view of capitalism as a market economy is reflected in formalist perspectives on eco- nomics, law and even sociology, and limits these understandings. Economic sociologists and institutional economists have examined the extensive institutionalisation of economic activity due to the shift to corporate capitalism since the last part of the 19th century, and have focused on law’s role in these processes. The neo-liberal phase of capitalism since the 1970s brought a renewed emphasis on property rights and market-based management, but accompanied by an enormous growth of new forms of regulation, often of a hybrid public- private character, leading to a new view of law as reflective or responsive, very different from traditional formalist perspectives. We argue that law’s role in the economy can be better understood by examining the social processes of lawyering, mediating between the realms of political and economic power, through practices of legal interpretation that both reflect and shape economic activity. Keywords Corporation, economic law, law and economics, lawyers, property rights, regulation Introduction A focus on law’s role in economic activities was central to many of the classical sociologists, and it remains a key theme in the sociology of law, although no longer Corresponding author: Sol Picciotto, Lancaster University Law School, Lancaster, UK; Institute for Advanced Legal Studies, University of London, London WC1B 5DR, UK.
[Show full text]