When Formality Works: Authority and Abstraction in Law and Organizations

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University of Chicago Press, Sep 15, 2001 - Law - 208 pages
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In this innovative exploration of the concept of formality, or governing by abstraction, Arthur Stinchcombe breathes new life into an idea that scholars have all but ignored in recent years.

We have come to assume that governing our social activities by advance planning—by creating abstract descriptions of what ought to happen and adjusting these descriptions as situations change—is not as efficient and responsive as dealing directly with the real substance of the situation at hand. Stinchcombe argues the opposite. When a plan is designed to correct itself and keep up with the reality it is meant to govern, it can be remarkably successful. He points out a wide range of examples where this is the case, including architectural blueprints, immigration law, the construction of common law by appeals courts, Fannie Mae's secondary mortgage market, and scientific paradigms and programs.

Arguing that formality has been misconceived as consisting mainly of its defects, Stinchcombe shows how formality, at its best, can serve us much better than ritual obedience to poorly laid plans or a romantic appeal to "real life."
  

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Contents

INTRODUCTION WHY IS FORMALITY SO UNPOPULAR?
1
A REDEFINITION OF THE CONCEPT OF FORMALITY
18
LEGAL FORMALITY AND GRAPHICAL PLANNING LANGUAGES
55
CERTAINTY OF THE LAW REASONS SITUATIONTYPES ANALOGY AND EQUILIBRIUM
76
THE SOCIAL STRUCTURE OF LIQUIDITY FLEXIBILITY IN MARKETS STATES AND ORGANIZATIONS
100
FORMALIZING RIGHTLESSNESS IN IMMIGRATION LAW AND ADMINISTRATION
140
FORMALIZING EPISTEMOLOGICAL STRATIFICATION OF KNOWLEDGE
158
CONCLUSION THE VARIETIES OF FORMALITY
179
REFERENCES
195
INDEX
203
Copyright

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Page 200 - Federal agency" means any department, agency, corporation, or other entity or instrumentality of the executive branch of the Federal Government, including the United States Postal Service, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation. (6) The term "Federal building...

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About the author (2001)

Arthur L. Stinchcombe is a professor emeritus of sociology at Northwestern University. He is the author of the award-winning books Constructing Social Theories and Information and Organization.

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