The Diffusion of Rights: From Law on the Books to Organizational Rights Practices

Law & Society Review, Volume 40, Number 3 (2006)

32 Pages Posted: 27 Jan 2015

See all articles by Jeb Barnes

Jeb Barnes

University of Southern California - Department of Political Science

Thomas F. Burke

Wellesley College, Political Science Department

Date Written: 2006

Abstract

How does law change society? To gain new leverage on this long-standing question, this article draws on two lines of research that often ignore each other: political science research on the mobilization of law, and sociological research on the diffusion of organizational practices. Our insights stem from six case studies of diverse organizations’ responses to the accommodation provisions in the Americans with Disabilities Act and related state laws. We found that different modes of exposure to the law combined with organizational attributes to produce distinct "rights practices" -- styles of standard operating procedures and informal routines that reflect the understanding of legal requirements within an organization. The diversity of the organizational responses challenges simple dichotomies between compliance/noncompliance, change through deterrence/change through norms, and mobilization/non-mobilization, and it underscores the importance of combining political science and sociological perspectives on law and social change.

Keywords: rights, organizations, neo-institutionalism, disability

Suggested Citation

Barnes, Jeb and Burke, Thomas F., The Diffusion of Rights: From Law on the Books to Organizational Rights Practices (2006). Law & Society Review, Volume 40, Number 3 (2006), Available at SSRN: https://ssrn.com/abstract=2556029

Jeb Barnes

University of Southern California - Department of Political Science ( email )

2250 Alcazar Street
Los Angeles, CA 90089
United States

Thomas F. Burke (Contact Author)

Wellesley College, Political Science Department ( email )

106 Central St.
Wellesley, MA 02181
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
76
Abstract Views
958
Rank
627,086
PlumX Metrics