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Legal Origin and Social Solidarity: The Continued Relevance of Durkheim to Comparative Institutional Analysis

Lookup NU author(s): Dr Michael Brookes

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Abstract

By using the classic works of Durkheim as a theoretical platform, this research explores the relationship between legal system and social solidarity. We found that certain types of civil law systems, most notably those of Scandinavia, are associated with higher levels of social capital and better welfare state provision. However, we found the relationship between legal system and societal outcomes is considerably more complex than suggested by currently fashionable economistic legal origin approaches, and more in line with the later writings of Durkheim, and, indeed, the literature on comparative capitalisms. Relative communitarianism was strongly affected by relative development, reflecting the complex relationship between institutions, state capabilities and informal social ties and networks.

Publication metadata

Author(s): Johnson P, Brookes M, Wood G, Brewster C

Publication type: Article

Publication status: Published

Journal: Sociology

Year: 2017

Volume: 51

Issue: 3

Pages: 646-665

Print publication date: 01/06/2017

Online publication date: 11/11/2015

Acceptance date: 03/09/2015

Date deposited: 17/12/2015

ISSN (print): 0038-0385

ISSN (electronic): 1469-8684

Publisher: Sage Publications Ltd

URL: http://dx.doi.org/10.1177/0038038515611049

DOI: 10.1177/0038038515611049

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