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Legal Theory Lexicon 040: Functionalist Explanation in Legal Theory

Authors: Lawrence B. Solum;

Legal Theory Lexicon 040: Functionalist Explanation in Legal Theory

Abstract

This entry in the Legal Theory Lexicon provides a short introduction to the idea of functionalist explanation in legal theory. Functionalist explanations are familiar from biology, where evolutionary theory explains the existence of a trait in an organism by the effect the trait has on the ability of organism to reproduce. Sociologists frequently explain (or, perhaps, "formerly explained") social behavior on the basis of the social function that the behavior serves. Why does this group do a "rain dance"? Because the rain dance ritual serves to create social cohesion in times of stress.In legal theory, functionalist explanations explain the existence of legal rules or institutions in terms of the effects they produce. For example, Marxist explanations might explain the existence of a rule by showing that the rule serves the interests of the capitalist class. This Lexicon entry investigates the validity of such explanations and the related notions of microfoundations and methodological individual.

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selected citations
These citations are derived from selected sources.
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!
10
Average
Top 10%
Top 10%
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