New Institutionalism and Naturalism in Socio‐Legal Analysis: Institutionalist Approaches to Regulatory Decision Making

Abstract

Through drawing on the work particularly of sociological and organizational theorists socio‐legal work has added considerably to an understanding of the uses of law and discretion, and shown the contingency of the operation of law on the economic, political and organizational context. Some important questions still remain unanswered, however. In particular, if in decision making law is not determinative, but rather decisions are shaped by other bureaucratic or organizational norms, political and economic pressures and an individual's own world views and interests, what role does law play? Further, what impact does the decision process, in which different norms or considerations all bear, have on law? In starting to answer these questions the article examines the models of decision processes and decision behavior which underly the different new institutionalist analyses, and suggests that whilst they provide some insights, they have their own limits.

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