R. Stryker, RULES, RESOURCES, AND LEGITIMACY PROCESSES - SOME IMPLICATIONS FOR SOCIAL-CONFLICT, ORDER, AND CHANGE, American journal of sociology, 99(4), 1994, pp. 847-910
Current scholarship on how science affects law's legitimacy in advance
d capitalist democracies yields inconsistent predictions and findings.
This article resolves inconsistencies and provides new insights by co
nstructing a general framework relating law's legitimacy to the mix of
legal and scientific rationalities in law. Consistent with dualistic
visions of structure as both rules/schemas and resources, the theory s
pecifies how competing legal and scientific rule/resource sets shape a
ction and produce order and change through conflict in and over legal
institutions. The theory's guiding orientations illuminate legitimacy
processes, order, and change in other institutions including the econo
my, the polity, and education.