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Mobilizing Law in Response to Collective Problems: A Test of Black's Theory of Law

Published online by Cambridge University Press:  01 July 2024

Daniel P. Doyle  and
David F. Luckenbill
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Abstract

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Donald Black's theory of law states that the quantity of law can be explained in terms of stratification, morphology, culture, organization, and social control. Empirical tests of this theory have produced disparate findings. For the most part, previous tests have focused on criminal law and on the use of law to deal with personal problems. In the present study, survey data are used to test the effect of stratification, morphology, culture, organization, and social control on the willingness of people to mobilize law in response to various neighborhood problems. The only strong and consistent finding is that other social control is positively associated with mobilization of law while Black's theory predicts a negative association. We suggest a distinction between societal and personal social control to explain the pattern of results.

Type
Research Article
Information
Law & Society Review , Volume 25 , Issue 1 , 1991 , pp. 103 - 116
Copyright
Copyright © 1991 by The Law and Society Association

Footnotes

An earlier version of this paper was presented at the annual meeting of the American Society of Criminology, Reno, 1989. The data used in this paper were made available by the Inter-University Consortium for Political and Social Research. The dataset is “Crime Factors and Neighborhood Decline in Chicago, 1979” (ICPSR 7952).

References

ALDRICH, John H., and Forrest D., NELSON (1984) Linear Probability, Logit, and Probit Models. Beverly Hills, CA: Sage Publications.CrossRefGoogle Scholar
BLACK, Donald (1976) The Behavior of Law. New York: Academic Press.Google Scholar
BRAITHWAITE, John, and David, BILES (1980) “Empirical Verification and Black's The Behavior of Law,” 45 American Sociological Review 334.Google Scholar
EMERSON, Robert M. (1981) “On Last Resorts,” 87 American Journal of Sociology 1.Google Scholar
EMERSON, Robert M., and Sheldon L., MESSINGER (1977) “The Micro-Politics of Trouble,” 25 Social Problems 121.Google Scholar
GOTTFREDSON, Michael R., and Michael J., HINDELANG (1979) “A Study of The Behavior of Law,” 44 American Sociological Review 3.Google Scholar
HEMBROFF, Larry A. (1987) “The Seriousness of Acts and Social Contexts: A Test of Black's Theory of the Behavior of Law,” 93 American Journal of Sociology 322.Google Scholar
KRUTTSCHNITT, Candace (1980–81) “Social Status and Sentences of Female Offenders,” 15 Law & Society Review 247.Google Scholar
MERRY, Sally E. (1987) “Everyday Understandings of the Law in Working-Class America,” 13 American Ethnologist 253.Google Scholar
MEYERS, Martha A. (1980) “Predicting the Behavior of Law: A Test of Two Models,” 14 Law & Society Review 835.Google Scholar
STAPLES, William G. (1987) “Law and Social Control in Juvenile Justice Dispositions,” 24 Journal of Research in Crime and Delinquency 7.Google Scholar
TAUB, Richard P., TAYLOR, D. Garth, and Jan D., DUNHAM (1984) Paths of Neighborhood Change. Chicago: University of Chicago Press.Google Scholar