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Order without Law: How Neighbors Settle Disputes (Paperback)

~ Robert Ellickson (Author)
Key Phrases: remedial norms, traditionalist cattlemen, trespass victim, Shasta County, Oak Run, Prisoner's Dilemma (more...)
4.3 out of 5 stars  See all reviews (6 customer reviews)
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Editorial Reviews

Review

A welcome addition to the new literature on conflict, law, and informal social control in contemporary societies... [Order without Law] constitutes one of the most eloquent and powerful attacks yet on the widespread belief that government lies at the heart of social order in the modern world. -- M. P. Baumgartner "Contemporary Sociology" --This text refers to the Hardcover edition.


Review

This immensely interesting, wide-ranging, wellwritten, learned, and contentious book--a superb analysis of extralegal regulation--will command a large readership among academic lawyers and social scientists, and may in the fullness of time come to be regarded as a classic of interdisciplinary legal scholarship."
--Richard A. Posner, Judge, U.S. Court of Appeals for the Seventh Circuit

Robert Ellickson shows that people govern themselves largely by means of informal rules--social norms--without the aid of a state or other central coordinator. Integrating the latest scholarship in law, economics, sociology, game theory, and anthropology, Ellickson investigates the uncharted world within which order is successfully achieved without law.

A welcome addition to the new literature on conflict, law, and informal social control in contemporary societies... [Order without Law] constitutes one of the most eloquent and powerful attacks yet on the widespread belief that government lies at the heart of social order in the modern world.
--M. P. Baumgartner (Contemporary Sociology )

Uses theory and ethnography to explain norms in a manner that sociologists would do well to imitate. [Ellickson] presents evidence in an objective style that allows readers to reach their own verdicts, and his skillful storytelling accentuates his theoretical acumen.
--Jason Jimerson (American Journal of Sociology )

"[A] fascinating book... Ellickson's clean prose and considerate rhetorical style are refreshing.
--William Fischel (Land Economics )
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Product Details

  • Paperback: 316 pages
  • Publisher: Harvard University Press (March 15, 1994)
  • Language: English
  • ISBN-10: 0674641698
  • ISBN-13: 978-0674641693
  • Product Dimensions: 8.8 x 5.9 x 0.8 inches
  • Shipping Weight: 1 pounds (View shipping rates and policies)
  • Average Customer Review: 4.3 out of 5 stars  See all reviews (6 customer reviews)
  • Amazon.com Sales Rank: #144,080 in Books (See Bestsellers in Books)

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More About the Author

Robert C. Ellickson
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Front Cover | Table of Contents | First Pages | Index | Surprise Me!
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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
remedial norms, traditionalist cattlemen, trespass victim, ranchette owners, trespass incidents, fencing obligations, whaling norms, county cattlemen, informal enforcers, landowner interviews, workaday norms, closure petition, caveat lessee, lawful fence, collision disputes, remedial rules, trespass disputes, legal centralists, proportionality norm, informal debt, concurrent owners, base ranch, text following note, legal centralism, subsequent taker
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Shasta County, Oak Run, Prisoner's Dilemma, Caton's Folly, Player One, Player Two, United States, Round Mountain, Frank Ellis, Northeastern Sector, Legal Stud, Donald Black, State Farm, Cal Farm, Soc'y Rev, Justice Court, New England, New York, Central Valley, Owen Shellworth, Robert Axelrod, Stewart Macaulay, Doug Heinz, Guido Calabresi, Michael Taylor
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4.3 out of 5 stars (6 customer reviews)
 
 
 
 
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16 of 16 people found the following review helpful:
5.0 out of 5 stars Best of genre., December 29, 1997
Legal scholars tend to assume that law matters; i.e., that people seek to comport their behavior with applicable rules of law. In what is probably the best sociological study of the role of law in dispute resolution, Robert Ellickson demonstrates that disputes are often resolved without recourse to law and, even more important, in ways different than they would have been resolved in court.

Ellickson begins with a richly detailed case study: Boundary and cattle trespass disputes in Shasta County, California. After reviewing the Shasta County experience, Ellickson relates his findings to a theoretical framework grounded in economics and psychology. The book thus combines the best of both theoretical and empirical approaches to the study of law.

Legal scholarship is increasingly concerned with the way social norms control behavior. This is the book that started that debate. It deserves to be read by anybody who is interested in law, economics, or dispute resolution.

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9 of 9 people found the following review helpful:
4.0 out of 5 stars Good Fences Make Good Neighbors, November 11, 2001
By Mark Andrews (Fairbanks, Alaska) - See all my reviews
Order Without Law studies why, and under what circumstances, people accept a body of rules when there is no written law establishing those rules, and occasionally when the written law contradicts those rules. To answer this question, Professor Robert Ellickson settled into a long and detailed field study of the attitudes of cattle ranchers in Shasta County, California. His primary focus was on the informal rules governing boundary fences; who pays to build, who pays to maintain, who accepts the risk of stray cattle, and so forth. While his geographical focus was narrow, it was impressively deep, involving dozens of personal interviews and detailed reviews of public records. Ellickson explains why he believes that two current theories, law-and-economics and law-and-society, are both inadequate. He creates his own useful taxonomy of rules, rule makers, and rule enforcers. He offers hypotheses to predict future situations when people will more likely accept unwritten rules. Designed for professionals who deal daily in human behavior, such as sociologists, anthropologists, and lawyers, Order Without Law remains accessible to the general reader. One part was difficult to follow: the extended analysis of the Prisoner's Dilemma and its variations. But overall Order Without Law is a valuable addition to law and the social sciences.
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9 of 10 people found the following review helpful:
5.0 out of 5 stars Excellent interweaving of theory and empirics on ADR, July 13, 2000
By "pierce_inverarity" (silicon valley) - See all my reviews
Ellickson lucidly combines economic theory with solid empirical work -- speaking both the language of game theory and the (folksy) language of Shasta County cattle ranchers -- to provide a fresh perspective on informal mechanisms of "alternative dispute resolution."

Studies that combine social anthropology with microeconomic theory are rare; ones with nontrivial findings, and broad implications, are even rarer. But this is exactly what Ellickson accomplishes. Combining theory and observation, Ellickson cogently persuades us that while formal law always operates in the background of any conflict situation, the way people actually solve their disputes often differs markedly from formal law, because of culture, transaction costs, expectations, and other subtleties not incorporated into law books.

This book is well-written, well-argued, and highly stimulating. It should be on the reading list of anyone interested in voluntary cooperation, organizational economics, cultural aspects of strategic behavior, or alternative dispute resolution.

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Most Recent Customer Reviews

3.0 out of 5 stars An Anthropology book, not a Sociology book
This is an anthropological study of the politics of the people of Shasta Country, California. Its a typical college like textbook. Read more
Published on August 24, 2007 by anonymous reviewer

5.0 out of 5 stars cool read
Let me take these reviews down a level. This is a fantastic book for anyone who is interested in how order arises in social situations. Read more
Published on June 26, 2002

4.0 out of 5 stars Society and Law book that explains order without law.
This book does not seek to explain the world in economic terms, but it does seek to explain it in sociological terms. Read more
Published on October 28, 2000 by Zecon

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