Legal Compliance: Founding Elements of a Conception Based on Cultural Theory
Publikation: Beiträge in Zeitschriften › Zeitschriftenaufsätze › Forschung › begutachtet
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in: European Journal of Sociology, Jahrgang 62, Nr. 1, 08.04.2021, S. 105-139.
Publikation: Beiträge in Zeitschriften › Zeitschriftenaufsätze › Forschung › begutachtet
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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N2 - The state of research on legal compliance in socio-legal studies is limited and partially outdated.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AB - The state of research on legal compliance in socio-legal studies is limited and partially outdated.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 -