Sociolegal Evolution: An Introduction

• Date: 01 January 2006
• DOI: 10.1177/0002716205282661
• Published date: 01 January 2006
• Author: Richard E. D. Schwartz
• Subject Matter: Articles

10.1177/0002716205282661THE ANNALS OF THE AMERICAN ACADEMYINTRODUCTION January603

The articles presented here were prepared

for a conference held in mid-April 2005 at

Syracuse University. The conference brought

together forty scholars, from Syracuse and else-

where, to provide insight into the paths taken by

diverse nations toward constitutional democ-

racy. All of the participants were interested in

the interaction of law and society as a factor in

the growth and functioning of democracy. They

generally agreed that democratic governance,

concept, and practice had taken hold in many

countries during the past sixty years and that

the dynamics of this trend could usefully be ex-

plored by bringing together people who had

studied those developments in a variety of

countries.

The title for the conference, “Legal Evolu-

tion,” summarizes my own perspective on these

changes. Later in this introduction, I will say

what I mean (and do not mean) by the term. For

me, at least, it is a useful way of thinking about

changes in human society and culture and does

not imply a Social Darwinist, extreme individu-

alist, ideology.

The phrase in the subtitle “democratic rule of

law” embodies several elements: popular choice

of leaders, freedom of information, protection

of rights of minorities and women, and due pro-

cess of law. Each of these characteristics can

contribute to public participation in the society

and to the public having a say in government.

Some research has been done, and more is

needed, to determine whether and how these

characteristics affect public participation in

governance.

In this introduction, I shall briefly discuss

each of the four elements that contributed to

this volume. Because of increases in sociolegal

research, the Syracuse Conference was able to

bring together country specialists and theorists

who shared the view that legal-constitutional

democracy depends for its development (or evo-

lution) on the culture and social structure of

8 ANNALS, AAPSS, 603, January 2006

DOI: 10.1177/0002716205282661

Sociolegal

Evolution:

An

Introduction

By

RICHARD E. D. SCHWARTZ