TY - JOUR
T1 - The Gay 90s? Models of Legal Decision-Making, Change and History
AU - Earl, Jennifer
PY - 2003/3
Y1 - 2003/3
N2 - Using legal rulings on gay marriages from two periods In the U.S., I analyze the ability of dominant approaches to legal decision-making to explain the rulings, their content, and changes from one period to the next. I show that no single dominant approach can address all three concerns. Instead, an approach that blends existing "attitudinal" and new institutionalist models within a structuration framework is developed and defended. In addition to contributing to a specific debate about legal decision-making, the paper compares the power of cross-sectional models to more temporally sensitive approaches and develops on Sewell's (1992) structuration theory.
AB - Using legal rulings on gay marriages from two periods In the U.S., I analyze the ability of dominant approaches to legal decision-making to explain the rulings, their content, and changes from one period to the next. I show that no single dominant approach can address all three concerns. Instead, an approach that blends existing "attitudinal" and new institutionalist models within a structuration framework is developed and defended. In addition to contributing to a specific debate about legal decision-making, the paper compares the power of cross-sectional models to more temporally sensitive approaches and develops on Sewell's (1992) structuration theory.
UR - http://www.scopus.com/inward/record.url?scp=10744220925&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=10744220925&partnerID=8YFLogxK
U2 - 10.1111/1467-6443.00197
DO - 10.1111/1467-6443.00197
M3 - Review article
AN - SCOPUS:10744220925
VL - 16
SP - 111-134+i
JO - Journal of Historical Sociology
JF - Journal of Historical Sociology
SN - 0952-1909
IS - 1
ER -