TY - JOUR

T1 - Legal Compliance

T2 - Founding Elements of a Conception Based on Cultural Theory

AU - Kretschmann, Andrea

N1 - Publisher Copyright: © 2021 Cambridge University Press. All rights reserved.

PY - 2021/4/8

Y1 - 2021/4/8

N2 - The state of research on legal compliance in socio-legal studies is limited and partially outdated. Like theories on coercion, recognition, or legitimacy, notions around compliance with the law appear plausible in themselves. However, each of them hold only part of the explanation and yet they cannot be reconciled due to theoretical incompatibilities. Legal sociologists therefore speak of a theory gap regarding legal compliance. The following article takes on this research desideratum and attempts to formulate an alternative concept of legal compliance based on an entirely new terminology without, however, completely renouncing the previous findings of legal sociology. Relying on the above-mentioned theory gap alongside the introduction of this new terminology, I argue that it is possible to analyze legal compliance while heuristically integrating all previous theoretical concepts of its. As a starting point, the article draws on Bourdieu's fragmentary sociology of law and, by extending it, proposes a larger practice and field-theory-based interpretation of compliance.

AB - The state of research on legal compliance in socio-legal studies is limited and partially outdated. Like theories on coercion, recognition, or legitimacy, notions around compliance with the law appear plausible in themselves. However, each of them hold only part of the explanation and yet they cannot be reconciled due to theoretical incompatibilities. Legal sociologists therefore speak of a theory gap regarding legal compliance. The following article takes on this research desideratum and attempts to formulate an alternative concept of legal compliance based on an entirely new terminology without, however, completely renouncing the previous findings of legal sociology. Relying on the above-mentioned theory gap alongside the introduction of this new terminology, I argue that it is possible to analyze legal compliance while heuristically integrating all previous theoretical concepts of its. As a starting point, the article draws on Bourdieu's fragmentary sociology of law and, by extending it, proposes a larger practice and field-theory-based interpretation of compliance.

KW - Sociology

KW - compliance

KW - cultural theory

KW - cultural sociology

KW - pierre bourdieu

KW - socio-legal Studies

KW - Kultursoziologie

KW - Pierre Bourdieu

KW - Rechtsoziologie

KW - Kulturtheorie

UR - http://www.scopus.com/inward/record.url?scp=85117336579&partnerID=8YFLogxK

UR - https://www.mendeley.com/catalogue/7ac5c0d5-fea6-3549-8e11-1a2b5b626317/

U2 - 10.1017/S0003975621000060

DO - 10.1017/S0003975621000060

M3 - Journal articles

VL - 62

SP - 105

EP - 139

JO - European Journal of Sociology

JF - European Journal of Sociology

SN - 0003-9756

IS - 1

ER -