Cultural Images of Labor Conflict and Coordination Literature and the Evolution of Industrial Relations Systems

Denmark, Sweden and the Netherlands have different historical patterns of industrialization, but developed similar patterns of industrial coordination and cooperation. Theories accounting for industrial relations systems (economic structure, power resources, and party/electoral systems) have difficulty accounting for the similarities among these cases. Therefore, we explore the historical depictions of labor appearing in literature to evaluate whether cross-national distinctions in cultural conceptions of labor have some correspondence to distinctions between coordinated and liberal industrial relations systems. We hypothesize that historical literary depictions of labor are associated with the evolution of industrial systems, and apply computational text analyses to large corpora of literary texts. We find that countries (Denmark, Sweden and the Netherlands) with coordinated, corporatist industrial relations in the 20th century share similar cultural constructions about labor relations dating back to at least 1770. Literary depictions found in modern coordinated/corporatist countries are significantly different from those found in Britain, a country with liberal/pluralist industrial relations systems. The research has significance for our understanding of the role of culture in the evolution of modern political economies.

Decolonization Struggles at the United Nations: The Question of Algeria, 1955-1961

Although national self-determination emerged as an international legal norm with the formation of the United Nations (UN) in 1945, its implementation continued to be resisted by European colonial powers for decades after. This raises the following question: how was European colonial rule challenged at the UN? This article contends that existing accounts of decolonization have not fully theorized the processes through which colonialism was contested at the UN. It fills this gap by demonstrating the critical role of argumentation, narrativization and discursive struggles through deploying the crucial “Question of Algeria” that was debated between 1955 and 1961. It demonstrates that the Algerian question yielded two opposing discourses—an anticolonial internationalist discourse and a metrocentric civilizational discourse—with both drawing on distinct ideas about human rights and development. The analysis explains the eventual triumph of the former as states increasingly rallied behind the Algerian cause.

Turning Wages into Capital Differentiation on the Market for Unsecured Loans in the United States, 1900-1945

In this article, we show how interpretive battles about compliance can lead to regulatory differentiation and, in turn, market segmentation. To do so, we study the evolution of unsecured lending in the United States, between 1900 and 1945. In the early 20th century, a large segment of the workforce relied on their wages to access credit: this required the “legal coding” of labor income into capital, where lenders would offer advances in exchange for a lien over future revenues. Regulating these transactions raised conflicts between Progressive reformers, lenders and, after 1929, federal regulators, which spanned over five decades. The historical comparison of three states—Illinois, New York and Georgia—, shows that local discussions revolved around three outcomes—legal status, pricing method and collateralization—, the issue of which led to distinct regulatory paths and market configurations at the state level. Finally, the New Deal policies created an additional strand of federal coding, furthering market divides between unregulated payday lenders, non-bank credit companies, and commercial banks. On financial markets, discussions about compliance often revolve around calculative technologies, and we suggest this as a possible crossing point between STS analyses of capitalization devices and Pistor’s theory of capital modulation.

Communalizing Colonial Policies and Postcolonial Ethnic Warfare: A Multimethod Analysis of the British Empire

In this article, we reorient the literature on colonialism and ethnic violence by exploring how different types of communalizing colonial policy (CCP) affected postcolonial patterns of ethnic warfare. We hypothesize that CCPs have limited or mixed effects when they simply recognize or empower communities but that they promote ethnic warfare when explicitly favoring some communities over others, especially when this discrimination affects the power of communities. To test these hypotheses, we combine a statistical analysis of the British Empire with a focused case study of Myanmar. We find that two relatively non-discriminatory CCPs—the use of communal census categories and high levels of indirect rule—had limited or mixed effects on postcolonial ethnic warfare. Unequal communal representation in the legislature and security forces and a mixed use of indirect rule, on the other hand, are three highly discriminatory CCPs, and we provide evidence that they increased the odds of postcolonial ethnic warfare.

Marketizing Sovereign Prerogatives: How to Sell Citizenship

How is a sovereign prerogative brought to market? We know much about how states shape markets and vice versa, but less about the dynamics when states not only set market rules, but are also the sole producer of the good. This article takes up the case of citizenship by investment—“golden passport” programs that offer citizenship in recognition of an investment in a country—to unpack the challenges that appear when states commodify sovereign prerogatives. In these cases, the state holds multiple roles that generate conflicts of interest and a concern for credibility. To address these concerns, states may adopt two strategies: institute a division of labor in issuing the product, and outsource elements of supervision to third-party actors. Empirically, the analysis shows how migration service providers retooled murky discretionary grants of citizenship in peripheral countries into formal citizenship by investment schemes. The conclusion addresses how these strategies apply in markets for other sovereign prerogatives, particularly government debt, and discusses the implications for citizenship and neoliberalism.

Law’s Elasticity An Inquiry into the Relation of Law and Power in Finance

Law is a powerful commitment device. By entering into a binding contract, a contracting party can invoke the coercive law enforcement powers of states to compel another party to perform. Many, if not most, contracts are carried out without ever invoking these coercive powers; they operate in the shadow of the law. Less attention has been paid to the flip side of law’s shadow: the possibility of relaxing or suspending the full force of the law, or making law elastic. While this may seem anathema to the “rule of law”, it is not an infrequent occurrence, especially in times of crisis. The elasticity of law should be distinguished from the incompleteness of law, that is, the inherent limitation lawmakers face in trying to anticipate all future contingencies. In this paper I will offer two tales of the American Insurance Group (AIG) to illustrate the elasticity of contracts as well as of law.

Legal Compliance: Founding Elements of a Conception Based on Cultural Theory

The state of research on legal compliance in socio-legal studies is limited and partially outdated. Like theories on coercion, recognition, or legitimacy, notions around compliance with the law appear plausible in themselves. However, each of them hold only part of the explanation and yet they cannot be reconciled due to theoretical incompatibilities. Legal sociologists therefore speak of a theory gap regarding legal compliance. The following article takes on this research desideratum and attempts to formulate an alternative concept of legal compliance based on an entirely new terminology without, however, completely renouncing the previous findings of legal sociology. Relying on the above-mentioned theory gap alongside the introduction of this new terminology, I argue that it is possible to analyze legal compliance while heuristically integrating all previous theoretical concepts of its. As a starting point, the article draws on Bourdieu’s fragmentary sociology of law and, by extending it, proposes a larger practice and field-theory-based interpretation of compliance.

Homophobia and national collective narcissism in populist Poland

Opposition to sexual minority rights in Poland is among the highest in the EU. Populist political actors in the country repeatedly scapegoat gays and lesbians, presenting them as a threat to the Polish nation and its shared norms and values, particularly those derived from religion. Building upon previous research which shows how discourse constructing homosexuality as a threat to the nation has been used by social and political actors to legitimize homophobic rhetoric and behaviour, our paper shows whether nationalism—understood here as national collective narcissism—predicts prejudice towards gays and lesbians at the level of individual beliefs.

Legal Documents as Means of Financial Abstraction: How Bankers’ Lawyers Constructed Swaps and Changed Finance

Finance rests on a process of abstraction, based on various material devices that have been studied by economic sociologists in recent years. The fact that many of those devices are legal in nature has not attracted much attention, even though financial instruments are typically embodied in legal documents. This paper argues that interactions involving legal documents shape both financial markets and their regulation, by specifying the contextual elements that will be deemed relevant in interpreting financial commitments. It takes as a case study the emergence of swaps since the 1980s. Through their work in standardizing, commenting, and litigating swaps contracts, bankers’ lawyers were able to recast obligations between banks and their clients in more abstract terms, discarding all references to specific business projects. Such abstraction simultaneously allowed the spectacular development of swaps markets, their positioning on the fringes of regulations, and the strengthening of bankers’ prerogatives against their clients.

The Laws of Finance For a Sociology of Finance and Law Entanglement

In this special issue, we unpack law and finance entities and consider their co-construction, entanglement and interchanging relationship. Adopting a processual sociology lens, we aim to connect micro-technical devices and controversies to the macroscopic big picture of financialized capitalism. We combine analytical tools from pragmatic sociology, emphasizing how social reality and institutions are (re-)enacted through trials, with a dynamic and historicized sociology of the state and the juridical field. Four avenues illustrate our research program on the sociology of financial law. First, we focus on how this juridical space is co-produced by public and private forces, organizations and initiatives. Second, we look at how financial law displaces and endogenizes core regalian purposes traditionally associated with the state. Third, we show the forms of asymmetries that pervade law enforcement in financial cases. Fourth, we address how power intervenes in normal and exceptional times, such as financial crises. The legal and financial co-production of political regimes shapes economies and legitimate forms of social distribution.