From corporatism to lawyocracy? On liberalization and juridification

摘要: In 1997 Robert Kagan questioned whether European countries had to fear the coming of American style adversarial legalism. He answered this question with a qualified “no.” Today we are no longer so sure answer is “no,” even in country that considered antipole US legalism, Netherlands, traditionally characterized by informal and consensual conflict resolution. present article chart trend increasing juridification is, more formal legal resolution, Netherlands between 1970 2008. The related major changes economic governance institutions, which generated shift from corporatism toward lawyocracy; power associations civil society courts, lawyers, judges. Yet newly dominant system modified merged elements old system, producing specific Dutch version, one could call “corporatist lawyocracy.” We identify two types liberalization as driving forces: social 1970s 1980s, followed subsequent decades. If considers product neoliberal “Reaganomics,” way an “American export product,” although different than lawyering styles large international law firms mentioned Kelemen Sibbitt 2004.