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The Journal of Legal Studies
Article . 1987 . Peer-reviewed
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A Critique of Economic and Sociological Theories of Social Control

Authors: Ellickson, Robert C.;

A Critique of Economic and Sociological Theories of Social Control

Abstract

How is it that people manage to live side by side without incessant "warre of every man against every man"?' Thomas Hobbes, who won fame for posing this question, concluded that the legal system-the rules and might of Leviathan-is the wellspring of social order. Most law professors implicitly propagate this Hobbesian view, perhaps because it lends significance to what they teach. Law-and-economics scholars have been particularly prone to assert the centrality of legal doctrine. There is an opposing intellectual tradition, however, that emphasizes that social order can emerge without law. Its core theorists have been empirical sociologists and anthropologists who study stateless societies. Within the legal academy the law professors associated with the law-and-society movement have been the prime skeptics of the importance of law.2 A field study that I recently conducted in Shasta County, California, provides an empirical perspective on the sources of social order. The

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    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    54
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Top 10%
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
54
Top 10%
Top 10%
Average
bronze