When Formality Works: Authority and Abstraction in Law and OrganizationsIn 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? | |
A REDEFINITION OF THE CONCEPT OF FORMALITY | 14 |
LEGAL FORMALITY AND GRAPHICAL PLANNING LANGUAGES | 51 |
CERTAINTY OF THE LAW REASONS SITUATIONTYPES ANALOGY AND EQUILIBRIUM | 72 |
THE SOCIAL STRUCTURE OF LIQUIDITY FLEXIBILITY IN MARKETS STATES AND ORGANIZATIONS | 96 |
FORMALIZING RIGHTLESSNESS IN IMMIGRATION LAW AND ADMINISTRATION | 136 |
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abstractions action activity aliens appeals applied argue argument assets authority bank better blueprints budget building buyers capital central certainty chapter claims client cognitive common concrete construction continuous contract contractor core correct costs course court create debt decision described documents drawings effective embedded especially estimate evidence example fact flexibility flows formal function future give given immigration improve increase interest invest judges kind knowledge less liquidity Llewellyn look lower makers means measure mortgage organizations particular person precedent priori probability problem procedure produce protective rational reasons relation risks routinely rule sense situation social sometimes specifications standards stratification structure substantive sufficient theory things tion turn United usually Weber whole
Popular passages
Page 196 - 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...
References to this book
The Art of Surrender: Decomposing Sovereignty at Conflict's End Robin Wagner-Pacifici Limited preview - 2005 |
Bibliographic information
| Title | When Formality Works: Authority and Abstraction in Law and Organizations When Formality Works: Authority and Abstraction in Law and Organizations, Arthur L. Stinchcombe |
| Author | Arthur L. Stinchcombe |
| Edition | illustrated |
| Publisher | University of Chicago Press, 2001 |
| ISBN | 0226774953, 9780226774954 |
| Length | 208 pages |
| Subjects | › › Law / Administrative Law & Regulatory Practice Law / Jurisprudence Law / Legal Profession Social Science / General Social Science / Sociology / General |
| Export Citation | BiBTeX EndNote RefMan |