Recursivity of Global Normmaking: A Sociolegal Agenda

Halliday, Terence C.

doi:10.1146/annurev.lawsocsci.093008.131606

Cited by 77 publications

(60 citation statements)

References 60 publications

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“…And, legal endogeneity elaborates ideas about recursivity in law, which point to the cyclical relationship between formal lawmaking and cycles of social norm making (Halliday and Carruthers 2007;Halliday 2009;Liu and Halliday 2009). As Halliday andCarruthers note (2007: 1144), legal endogeneity is a form of recursivity that tends to be more invisible than the more overt efforts at reform that are typically studied. Our study for the first time identifies and measures visible markers of endogenous change in law.…”

Section: How Legal Endogeneity Theory Elaborates Extant Literaturementioning

confidence: 99%

When Organizations Rule: Judicial Deference to Institutionalized Employment Structures

Edelman

Krieger

Eliason

et al. 2011

American Journal of Sociology

186

179

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Although there is now a considerable literature on how law and legal principles serve as institutionalized models for organizations, there has been far less attention to how organizational practices may serve as institutionalized models for courts. This article offers a theoretical and empirical analysis of legal endogeneity -a subtle yet powerful process through which institutionalized organizational structures and practices influence judicial conceptions of legality and compliance with antidiscrimination law. We argue that, irrespective of their effectiveness, organizational structures, such as grievance procedures, anti-harassment policies, evaluation procedures, and formal hiring procedures, become symbolic indicators of compliance with anti-discrimination laws, first within organizations, but eventually in the judicial realm as well. As organizational structures become increasingly institutionalized, lawyers and judges become more likely to associate them with rationality and fairness and to infer nondiscrimination from the mere presence of those structures. Legal endogeneity has observable manifestations: judges increasingly refer to organizational structures in their opinions, find them relevant to determinations of legal liability, and ultimately defer to those structures by inferring nondiscrimination from their presence. We test legal endogeneity theory by analyzing a random sample of 1024 federal employment discrimination decisions from 1965-1999. We find that legal endogeneity has increased over time; that judicial deference is most likely when plaintiffs lack social and economic clout; and that judicial deference is most likely when the legal theories require judges to rule on organizational attributes that are not directly observable. We suggest that legal endogeneity weakens the impact of law as judges come to view organizational structures as indicators of legal compliance even when those structures are ineffective in combating discrimination.2

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Section: How Legal Endogeneity Theory Elaborates Extant Literaturementioning

confidence: 99%

When Organizations Rule: Judicial Deference to Institutionalized Employment Structures

Edelman

Krieger

Eliason

et al. 2011

American Journal of Sociology

186

179

View full text Add to dashboard Cite

show abstract

“…It contributes to the broader question as to what drives compliance with international treaties lacking enforcement mechanisms: is compliance only caused by international actors and power politics, or can local actors also contribute to shaping the implementation and enforcement of policies [101]? The results showed that certain characteristics of national cabinets and parliaments are indeed significantly associated with more comprehensive policy efforts to protect victims of human trafficking.…”

Section: Discussionmentioning

confidence: 99%

“…Lastly, the eradication of human trafficking has been promoted as priority issue by EU and OECD member countries for the last 15 years [21,22,[101][102][103]. Furthermore, the latter countries have played a key role in creating and promoting the UN AntiTrafficking Protocol.…”

Section: Case Selectionmentioning

confidence: 99%

Political determinants of efforts to protect victims of human trafficking

Schönhöfer

2016

Crime Law Soc Change

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In focusing on characteristics of national cabinets and parliaments, this paper seeks to understand domestic factors that are conducive to the enforcement of policies which protect victims of human trafficking in 33 democratic member countries of the European Union (EU) and the Organisation for Economic Co-Operation and Development (OECD). It argues for the need to consider the role of policymakers when trying to understand what drives the implementation and enforcement of international treaties that combat organized crime, such as the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, in national policies. In so doing, the paper applies theoretical arguments of comparative politics to criminology. Multivariate analyses show that the share of female parliamentarians and the proportion of left wing and social democratic parties in cabinet are significantly and positively associated with stronger efforts to protect victims of human trafficking. Future research should expand the insights of this analysis through case studies on parliamentary behaviour, legislative proposals, and votes related to human trafficking.

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“…Instead of finding global human rights, these institutions build shared commitments among a community of states, enabling the recursive development and deployment of law. 13 In Europe, this project has accelerated, so that regional institutions make widening claims to authority over national sovereignty, even though the implementation of European mandates still relies on national authorities' compliance with directives and judgments. National sovereignty thus has a diminished role.…”

Section: Harmonization Around Human Rights In the European Contextmentioning

confidence: 99%

The Dutch Confession: Compliance, Leadership and National Identity in the Human Rights Order

Larson

Rossum

Schmidt

2014

ULR

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Recursivity of Global Normmaking: A Sociolegal Agenda

Cited by 77 publications

References 60 publications

When Organizations Rule: Judicial Deference to Institutionalized Employment Structures

When Organizations Rule: Judicial Deference to Institutionalized Employment Structures

Political determinants of efforts to protect victims of human trafficking

The Dutch Confession: Compliance, Leadership and National Identity in the Human Rights Order

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