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

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    Author(s)
    Johnson, P
    Brookes, M
    Wood, G
    Brewster, C
    Griffith University Author(s)
    Wood, Geoffery
    Year published
    2017
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    Abstract
    By using the classic works of Durkheim as a theoretical platform, this research explores the relationship between legal systems and social solidarity. We found that certain types of civil law system, 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 ...
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    By using the classic works of Durkheim as a theoretical platform, this research explores the relationship between legal systems and social solidarity. We found that certain types of civil law system, 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.
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    Journal Title
    Sociology
    DOI
    https://doi.org/10.1177/0038038515611049
    Copyright Statement
    © The Author(s) 2015. This article is distributed under the terms of the Creative Commons Attribution-NonCommercial 4.0 License which permits non-commercial use, reproduction and distribution of the work without further permission provided the original work is attributed as specified on the SAGE and Open Access page (https://us.sagepub.com/en-us/nam/open-access-at-sage).
    Subject
    Sociology
    Social change
    Publication URI
    http://hdl.handle.net/10072/98949
    Collection
    • Journal articles

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