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<p>The theory of law that Donald Black presented in <i>The Behavior of Law</i> and elaborated in later publications remains the most powerful explanatory theory in the sociology of law. Citations to the book have increased over time such that fifty years after its publication it continues to be cited well over 100 times a year. Yet, as we demonstrate, in the leading journal in the field, <i>Law &amp; Society Review</i>, citations have trended in the opposite direction, declining over time, and the book’s theory has consistently been cited less often than two less powerful theories. We seek to explain this scientifically odd state of affairs. Drawing upon Black’s later theory of conflict, we argue that the response to Black’s theory of law among law and society scholars was a product of several movements of social time or, more concretely, a combination of interpersonal and intellectual factors.</p>

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The Fate of Black’s Theory of Law

  • 期刊论文

  • 发表日期：

    2025年2月27日

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  • Scott Phillips,
  • Mark Cooney

摘要

The theory of law that Donald Black presented in The Behavior of Law and elaborated in later publications remains the most powerful explanatory theory in the sociology of law. Citations to the book have increased over time such that fifty years after its publication it continues to be cited well over 100 times a year. Yet, as we demonstrate, in the leading journal in the field, Law & Society Review, citations have trended in the opposite direction, declining over time, and the book’s theory has consistently been cited less often than two less powerful theories. We seek to explain this scientifically odd state of affairs. Drawing upon Black’s later theory of conflict, we argue that the response to Black’s theory of law among law and society scholars was a product of several movements of social time or, more concretely, a combination of interpersonal and intellectual factors.