N. Pedriana et R. Stryker, POLITICAL-CULTURE WARS 1960S STYLE - EQUAL-EMPLOYMENT OPPORTUNITY - AFFIRMATIVE-ACTION LAW AND THE PHILADELPHIA PLAN, American journal of sociology, 103(3), 1997, pp. 633-691
This article empirically examines contextually conditioned constructio
n of symbolic resources during political debate over the 1969 revised
Philadelphia Plan-a crucial moment in the shaping of federal equal emp
loyment law. Tying together political sociology's concept of policy fe
edback with legal and cultural sociology's concept of culture as a res
ource, the article explains how actors who were hampered by the explic
it language used to embed equal opportunity values into law turned app
arent constraint into an opportunity to transform law. The article sim
ultaneously illuminates an underdeveloped aspect of equal employment l
aw's unfolding and builds more general theory to help explain how law'
s language, general cultural values expressed in law, and alternative
methods used to interpret law mediate the effects of past law on futur
e law. Defining concepts of value centrality and explicitness of legal
language, the article uses its case study to suggest hypotheses about
how variation in centrality of cultural values and explicitness of la
nguage used to incorporate these values into law affect variation in m
obilization of different types of cultural strategies by actors strugg
ling over law interpretation and enforcement.