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This special issue asks what role society can play in the regulation of transnational risks, as an alternative to or at least significant addition to reliance on state regulatory activity and the myth of the self-regulatory capacity of markets (Stiglitz, 2001, p. xiii). How can a social sphere contribute to the prevention and management of risks, often transnational in nature, posed by economic activity? Leading socio-legal scholars explore whether and how the idea of harnessing the...

This introduction unpacks the key question that informs the articles in this special issue. How does a social sphere inform regulation and, more specifically, how can the regulatory capacity of a social sphere be har-nessed, as an alternative or significant complementary force to state reg-ulation and reliance on the self-regulatory capacity of markets? This question is salient and topical also in light of the search for new regula-tory strategies and perspectives in the aftermath of the...

This article starts from the assumption that economic sociology, including Karl Polanyi's work, can contribute fresh perspectives to regulation debates because it opens up new understandings of the nature of economic activity, a key target of legal regulation. In particular this article examines Polanyi's idea that society drives regulation. For Polanyi the "regulatory counter-movement" is society's response to the disembedding -- in particular through the proliferation of markets -- of...

This article develops Polanyi's (2001) theme of harnessing the regula-tory capacity of a social sphere by focusing on trust as an emotion for framing risk regulatory regimes. Using the global mining sector as its focus, it explores the role of trust in the regulation and corporate man-agement of social and environmental risk Sociological perspectives on trust are employed to identify and analyze dynamics of trust in the mining industry. The article draws on data col-lected between 2004 and...

The social protests ort the streets of indebted sovereigns in crises across the Eurozone have made debt restructuring an imperative. Further delay in achieving this expeditiously and equitably significantly exacerbates the social costs of crises from which current and future generations will struggle to recover. This article examines the feasibility of the drastic and widespread debt restructuring needed to resolve the problem in the face of existing private law sanctions that protect...

This article looks at corporate social responsibility (CSR) as a discur-sive social practice that attempts to interrogate the global market econ-omy and its neoliberal underpinnings and that reflects as well as frames and shapes domestic and global politics and institutions. Drawing upon Karl Polanyi's notions of reciprocity and redistribution while also emphasizing the normative content of the concept, the article inquires into the position that the CSR discourse occupies in addressing the...

This article combines two sources of data to shed light on the nature of transactional legal work. The first consists of stories about contracts that circulate among elite transactional lawyers. The stories portray law-yers as ineffective market actors who are uninterested in designing super-ior contracts, who follow rather than lead industry standards, and who depend on governments and other outside actors to spur innovation and correct mistakes. We juxtapose these stories against a dataset...

European economic integration with a minimalist social policy at EU level was in part made possible by strong domestic labour market and social welfare institutions. The main contention of this paper is that EU market liberalisation was embedded within institutions of social citizenship at domestic level, which served to counter the liberalisation of the internal market. But this settlement has been put under strain. In addition to the challenges posed to the sustainability of European...

Reflecting a developing trend towards interdisciplinary research in economics and law, this agenda–setting volume makes the case for economic sociology of law  an emerging field that draws on empirical, analytical and normative insights from sociology to investigate relationships between legal and economic phenomena. It locates this novel subject in a wider socio–legal tradition and identifies common ground between Polanyian and Weberian approaches to the law, economy, and society,...

Ideas (of Karl Polanyi and others) that economies and markets are ‘socially embedded’ are central to recent research in economic sociology, closely paralleling socio-legal claims for studying law in ‘social context’. But the concept of embeddedness is imprecise and inadequate: a sociology of law and economy cannot rely on it but must address intellectual and moral-political concerns that its use reflects. Max Weber's writings on law and economy have inspired advocates of a new economic...

This article explores the relationship between law, society, and economy in the context of the contemporary British welfare state. Drawing on themes in Polanyi's The Great Transformation, it identifies the constitutive role of contemporary social policy and law in the creation and maintenance of markets and opportunities for the private sector in the field of welfare, focusing on the institutional mechanisms being put in place to encourage this. What emerges is a reformulation of the...

This article explores the relationship of globalization to domestic law in the context of privatized welfare services in Indiana. It examines the ways that privatization can affect vulnerable populations such as welfare recipients by, in effect, partially dis-embedding the market from the state. It applies Karl Polanyi's conception of a double movement to illustrate how the political process can, in effect, re-embed the market in the state. Utilizing Indiana's recent experiences with welfare...

Against a backdrop of rapidly evolving crisis management in the European financial and sovereign debt crisis this essay aims both to explore and to re-consider the role of law in the EU integration process: What did law accomplish? Where did it fail? What is law going to endure? What kind of future can it envisage? The essay traces back the evolution of the law-politics relationship in both EU legal scholarship and practice from the foundational period of ‘integration-through-law’ to the...

Polanyi saw the economy as properly embedded in society and argued that the capitalist free market, in commodifying social relations of production, seeks to disembed the economy from society. The resulting lack of continuity between society and economy, he maintained, created conflict which necessarily required state intervention. The market economy, therefore, in contrast to neoclassical/neoliberal economics’ vision of an autonomous, self-regulating market, required more, not less, state...

This paper argues that the relationship between law and politics must be reconfigured within the European Union. Dissecting recent crises in economic, social and political organisation within Europe with reference to the three ‘fictitious’ commodities of Karl Polanyi, we find that law in Europe has contributed to de-legalisation, de-socialisation and disenfranchisement. Moving on to review the potential for law to respond to crisis through new paradigms of conflict resolution as suggested by...

This article applies Karl Polanyi's observation of a double movement of law in the history of nineteenth and early twentieth-century Europe to an analysis of Bali's integration into the global cultural economy. It describes how the increasing disembedding of the island's tourist industry from local norms and institutions, and the parallel disjuncture between Balinese religiosity and Indonesian state religion have created a condition of increasing collective anomie that has in turn provoked...

The expansion of extractive corporations’ overseas business opera-tions has led to serious concerns regarding human rights–related impacts. As these apprehensions grow, we see a countervailing rise in calls for government interven-tion and in levels of socially conscious shareholder advocacy. I focus on the latter as manifested in recent use of the shareholder proposal mechanism found in corporate law. Shareholder proposals, while under-theorized, provide a valuable lens through which to...

The globalization of capital markets since the 1980s has been accompanied by a vigorous debate over the convergence of corporate governance standards around the world towards the shareholder model. But even before the financial and economic crisis of 2008/2009, the dominance of the shareholder model was challenged with regard to persisting divergences and national differences in corporate law, labor law and industrial relations. This collection explores this debate at an important...

This article is a commentary and critique of the concept of 'environmental justice' that lately has become much more prominent in discourses on the environment, especially in the debates and advocacy on climate change. After briefly considering the origins of the concept, it is argued that environmental justice is limited by its liberal democratic roots--it is an extension of a discourse that ultimately is based on atomism, centralization of power, and legitimization of the marginalization...

The strategy for NHS modernization in England is privileging individual choice over collective voice in the governance of healthcare. This paper explores the tension between economic and democratic strands in the current reform agenda, drawing on sociological conceptions of embeddedness and on theories of reflexive governance. Building on a Polanyian account of the disembedding effects of the increasing commercialization of health services, we consider the prospects for re-embedding economic...