Hostname: page-component-7479d7b7d-m9pkr Total loading time: 0 Render date: 2024-07-10T10:21:58.134Z Has data issue: false hasContentIssue false

Coercion and Compliance: A New Look at an Old Problem

Published online by Cambridge University Press:  01 July 2024

Malcolm Feeley*
Affiliation:
New York University

Extract

Despite the general recognition of its importance, it has been noted that there is a paucity of theoretical treatment of the problems of compliance to law (Krislov, 1966). While there is a vast literature dealing with rule-specified behavior, a direct focus on the peculiarities of legal rules and compliance to them seems to have been skirted in favor of more general treatments of social norms, less-structured rule and compliance systems, and basic or constitutional rules. And when law and the problems of compliance have received specific attention, it has usually been in terms of a broad, societal level, relating legal norms to cultural norms or focusing on “trouble cases” and instances of noncompliance. Detailed empirical studies in sociology have tended to focus on deviant behavior and its correlates, while in political science the approach has tended towards even less-general descriptions and case studies of the impact and consequences of legislative and judicial policy-making.

Type
Research Article
Copyright
Copyright © 1970 by the Law and Society Association

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

ARROW, K. (1951) Social Choice and Individual Values. New York: John Wiley.Google Scholar
BAUMOL, W. (1952) Welfare Economics and the Theory of the State. Cambridge: Harvard Univ. Press.Google Scholar
BLAU, P. (1964) Exchange and Power in Social Life. New York: John Wiley.Google Scholar
BUCHANAN, J. and G., TULLOCK (1962) The Calculus of Consent. The Calculus of Consent: Univ. of Michigan Press.Google Scholar
COLEMAN, J. S. (1966a) “Individual interests and collective action.” Papers in Non-Market Decision-Making, I. Charlottesville, Va.: University of Virginia Center of Political Economy.Google Scholar
COLEMAN, J. S. (1966b) “Foundations for a theory of collective decision.” Amer. J. of Sociology 71 (May): 615–627.CrossRefGoogle Scholar
COLEMAN, J. S. (1966c) “The possibility of a social welfare function.” Amer. Economic Rev. 61 (December): 1105–1122.Google Scholar
COLM, G. (1936) “Theory of public expenditures.” Annals of the Amer. Academy of Pol. and Social Sci. 183 (January): 1–11.CrossRefGoogle Scholar
DOWNS, A. (1957) An Economic Theory of Democracy. New York: Harper & Row.Google Scholar
HEAD, J. G. (1962) “Public goods and public policy.” Public Finance 27, 3: 197–219.Google Scholar
HOEBEL, E. A. (1954) The Law of Primitive Man. Cambridge: Harvard Univ. Press.CrossRefGoogle Scholar
HOMANS, G. (1961) Social Behavior: Its Elementary Forms. New York: Harcourt, Brace & World.Google Scholar
IRELAND, T. (1967) “The rationale of revolt.” Papers on Non-Market Decision-Making, III. Charlottesville Va.: University of Virginia Center of Political Economy.Google Scholar
KRISLOV, S. (1966) “The perimeters of power: the concept of compliance as an approach to the study of the legal and political process.” Delivered at the Annual Meeting of the American Polical Science Association, New York.Google Scholar
MUSGRAVE, R. (1959) The Theory of Public Finance. New York: McGraw-Hill.Google Scholar
OLSON, M. (1965) The Logic of Collective Action. Cambridge: Harvard Univ. Press.CrossRefGoogle Scholar
SAMUELSON, P. (1955) “Diagrammatic exposition of a theory of public expenditure.” Rev. of Economics and Statistics 37 (November): 350–356.CrossRefGoogle Scholar
SAMUELSON, P. (1954) “The pure theory of public expenditure.” Rev. of Economics and Statistics 36 (November): 387–389.CrossRefGoogle Scholar
SCHWARTZ, R. and S., ORLEANS (1967) “On legal sanctions.” Univ. of Chicago Law Rev. 34 (Winter): 274–300.CrossRefGoogle Scholar
THIBAUT, J. and H., KELLEY (1959) The Social Psychology of Groups. New York: John Wiley.Google Scholar