Historical institutionalism:

1
International seminar Dynamics of Law and
Society in Europe and Japan

• Historical institutionalism
• A brief introduction

2
Introduction

• Why a theoretical framework?
• Looking for a common language
• Helps to move beyond single case studies
• The theory as mediator between cases in
  comparative research
• Why historical neo-institutionalism?
• The field of law and society often involves the
  persistence and change of institutions
• Historical institutionalism is particularly
  strong at explaining stability
• Our own research projects

3
Neo-institutionalism

• Institution a formal or informal, structural,
  societal or political phenomenon that transcends
  the individual level, that is based on more or
  less common values, has a certain degree of
  stability and influences behavior. (Peters)
• Reaction against
• Methodological individualism of rational choice
  theories
• Logic of appropriateness vs. logic of
  consequences
• Behavioralism in politics
• Without going back to the old institutionalism
• Diffferent kinds
• Sociological neo-institutionalism
• Historical neo-institutionalism
• Rational choice neo-institutionalism

4
Historical neo-institutionalism an overview

• Path dependency
• Positive feedback cycles
• Change

5
Path-dependency (1)

• Narrow definition
• Once initial policy and institutional choices are
  made, the created patterns will persist
• Broader definition
• Includes incremental adaptations to compensate
  for inadequacies of initial choices
• Specific definition of Mahoney
• Those historical sequences in which contingent
  events set into motion institutional patterns or
  event chains that have deterministic properties

6
Path-dependency (2)

• The economic model
• Path persists because of increasing returns
• E.g. QWERTY-keybord
• Problems in political context
• Initial choice is usually not as open
• Subsequent path is usually not that deterministic
• The sociological model
• Path persists because of shared cognitions,
  shared understandings of the world
• Problems in political context
• Obscures conflict
• Worldviews can change

7
Positive feedback cycles (Mahoney)

• Feedback cycles ensure institutional
  reproduction in the face of contingent events
• Utilitarian feedback cycle
• Reproduction through rational cost-benefit
  analysis of actors
• Functional feedback cycle
• Reproduction because the institution serves a
  function for the overall system
• Power feedback cycle
• Reproduction because institution is supported by
  elite group
• Legitimation feedback cycle
• Reproduciton because actors believe it is morally
  just or appropriate
• Difficult to distinguish empiricallly

8
Change (1)

• Difficulty in explaining change
• Punctuated equilibrium
• Ideas play an important role
• In defining and maintaining institutions (cf.
  sociological model of path dependency)
• In changing institutions
• Learning
• Problems
• Where do these ideas come from?
• When do ideas have an impact?

9
Change (2)

• Understanding change by understanding the
  specific feedback mechanisms
• The Mahoney typology
• Utilitarian feedback cycle
• Change due to
• Competitive pressures
• Learning
• Functional feedback cycle
• Change due to
• Exogeneous shock that transforms system needs
• Power feedback cycle
• Change due to
• Weakening of elites
• Strengthening of subordinate groups
• Legitimation feedback cycle
• Change due to
• Value change

10
Change (3)

• An example of another typology (cf. Thelen)
• Patronage-based vs. programmatic parties
• Italys Christian democrat party collapsed when
  it was out of power (breakdown of the positive
  feedback cycle of a patronage-based party)
• Swedens Social democrats no collapse (no
  breakdown of the positive feedback cycle of a
  programmatic party)