When Formality Works: Authority and Abstraction in Law and Organizations
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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INTRODUCTION WHY IS FORMALITY SO UNPOPULAR?
A REDEFINITION OF THE CONCEPT OF FORMALITY
LEGAL FORMALITY AND GRAPHICAL PLANNING LANGUAGES
CERTAINTY OF THE LAW REASONS SITUATIONTYPES ANALOGY AND EQUILIBRIUM
THE SOCIAL STRUCTURE OF LIQUIDITY FLEXIBILITY IN MARKETS STATES AND ORGANIZATIONS
FORMALIZING RIGHTLESSNESS IN IMMIGRATION LAW AND ADMINISTRATION
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abstract law abstraction system action activity aliens appeals court architect argue argument assets authority bank blueprints budget building buyers casuistry central chapter citations claims client cognitive adequacy common law concrete construction contract contractor core costs craft create debt decision discourse drawings due process epistemological estimate evidence example Exchange Alley fact Fannie Mae flexibility formal system function given Hubble's constant illiquid immigration improve informally embedded intensional definition invest judges knowledge Lakatos legal certainty liquidity Llewellyn loan lower court malization market makers mathematical mathematical proofs Max Weber means measure ment mortgage market obiter dicta organizations particular plumbing precedent priori probability procedure produce purpose rational reasons refereeing relevant research program rigid risks routinely scientists secondary mortgage secondary mortgage market sellers situation situation-type social specifications standards Stinchcombe straction stratification structure substantive sufficient theory things tion variable Weber
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...