This book addresses a set of intriguing and complex questions in the study of law and society. How does legislation affect the behavior of citizens? What role do attitudes play in rule following and under what conditions can legislation influence these attitudes? The book juxtaposes two approaches to this set of questions. The social working approach is an exercise in empirical sociology of law, seeking a behavioral explanation of rule- following. The communicative approach to legislation investigates legislation as a communication process in both an empirical and a normative sense. While these two approaches share common ground, for instance in their principled rejection of legal instrumentalism, they differ on other issues, such as the existence and importance of symbolic effects of legislation. The ensuing debate sheds light on the uses and dangers of legislation as an instrument of democratic governance under the rule of law.
Dr. Nicolle Zeegers is Assistent Professor in Political Science at the Department of Legal Theory, Faculty of Law, University of Groningen. Dr. Willem J. Witteveen is Professor of Jurisprudence at the Law School of Tiburg University, The Netherlands. Witteveen is a member of the Seante of the Netherlands. Dr. Bart van Klink is Associate Professor in Jurisprudence at the Department of Jurisprudence and Legal History at the Faculty of Law in Tilburg, the Netherlands. In 2002, he wrote-by request of the Netherlands Scientific Council for Government Policy a study on the relationship between law and power in the Dutch Rechtsstaat.
Preface: The perplexities of legal effectiveness - Marc Galanter (University of Wisconsin, London School of Economics)) Introduction: The social and symbolic working of legal rules - Nicolle Zeegers (University of Groningen), Willem Witteveen and Bart van Klink (Tilburg University); 1. An introduction in eight propositions to the social working approach to legislation - John Griffiths (University of Groningen); 2. Turning to communication in the study of legislation - Willem J. Witteveen (Tilburg University); 3 Rules against domestic violence in the light of the social working and communicative approaches to legal rules - Nicolle Zeegers (University of Groningen) and Katinka Lunnemann (Verwey-Jonker Instituut, Utrecht); 4 Classifying physician-negotiated death: A matter of perspective - Donald van Tal (University of Groningen); 5 Symbols work - Rob Schwitters (University of Groningen); 6 An effective-historical view on the symbolic working of law - Bart van Klink (Tilburg University); 7 Do laws have symbolic effects? - John Griffiths (University of Groningen); 8 The social making and social working of legislation - Marc Hertogh (Tilburg University); 9 Communicative legislation: Can we trust certified management systems as tools for the interpretation and enforcement of environmental laws? - Rob van Gestel and Guido Evers (Tilburg University); 10 Do legal rules based on self-regulation affect the behaviour of doctors? The case of the Dutch legislation on medical treatment contracts - Barbel Dorbeck-Jung and Mirjan van Heffen-Oude Vrielink (University of Twente); 11 The mass media and the working of legislation - Petra Jonkers (Tilburg University); 12 The irony of a symbolic crusade: The debate on opening up civil marriage to same-sex couples - Wibren van der Burg (Tilburg University); 13 Communicative law: A quest for consensus - Jellienke Stamhuis (University of Groningen); 14 Some objections to an aspirational system of law - Pauline Westerman (University of Groningen and Vrije Universiteit Amsterdam); 15 Interpretive communities and symbolic effects - Willem Witteveen (Tilburg University); 16 Legal effects and moral meanings: A comment on recent debates on approaches to legislation - Roger Cotterrell (Queen Mary and Westfield College, University of London); Index