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From Framework to Theory

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Societal Agents in Law

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Abstract

The instant book is grounded on a framework for studying the content of law in a society that is democratically governed and structurally complex, but the framework applies only to law that has a bearing on activities that are (1) social in character and (2) important to the society. This chapter begins by explicating both (1) and (2) so that social activities are empirically distinguishable from nonsocial activities and societally important activities are empirically distinguishable from societally unimportant activities. Findings from quantitative research are then used to formulate theorems that identify the impact of particular society-level agents on doctrines of law and that can thereby account for between-society differences, as well as within-society changes, in the content of law on activities covered by the framework. Theorems are developed for five agents: culture, knowledge, social disorder, societal fragmentation, and population structure. The chapter concludes by underscoring the powerful effect that macrosociological agents have on the content of law: In a set of seven studies, an average of just four explanatory variables correctly anticipated state law doctrines in four-fifths of U.S. states.

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Notes

  1. 1.

    An overview of the framework is in Part 1 of supra Chap. 1. An in-depth presentation of the framework is in Part 1-b of Chap. 1 in Larry D. Barnett, Explaining Law: Macrosociological Theory and Empirical Evidence (2015) [hereinafter Explaining Law].

  2. 2.

    Larry D. Barnett, Legal Construct, Social Concept: A Macrosociological Perspective on Law 162 (1993).

  3. 3.

    Mikaela J. Dufur et al., Does Capital at Home Matter More Than Capital at School? Social Capital Effects on Academic Achievement, 31 Res. Soc. Stratification & Mobility 1, 6–9, 17 (2013); Chandra Muller & Christopher G. Ellison, Religious Involvement, Social Capital, and Adolescents’ Academic Progress: Evidence from the National Education Longitudinal Study of 1988, 34 Sociol. Focus 155, 161–63, 174–75 (2001).

  4. 4.

    For human societies, tree rings are more than an analog. Research on tree rings has the potential to identify environmental conditions and events that influenced social patterns in past societies. Jeffrey S. Dean et al., Human Behavior, Demography, and Paleoenvironment on the Colorado Plateaus, 50 Am. Antiquity 537, 539–41 (1985). Contemporary societies are subject to the types of environmental conditions and events, and to the social and demographic consequences of these conditions and events, that have affected past societies and that have been the subject of tree-ring research. Daniel O. Larson et al., Risk, Climatic Variability, and the Study of Southwestern Prehistory: An Evolutionary Perspective, 61 Am. Antiquity 217, 226, 236 (1996). Studies of tree rings, therefore, can add to the stock of information that is helpful to sociologists. Stephen E. Nash, Archaeological Tree-Ring Dating at the Millennium, 10 J. Archaeological Res. 243, 243, 266 (2002).

  5. 5.

    The criteria are not unrelated, at least on logical grounds, because the probability that a society will last can be expected to diminish to the degree that the society is internally dysfunctional.

  6. 6.

    While the share of U.S. women who had not married underwent age-specific increases between 1986 and 2009, most U.S. women during this period had married prior to their 35th birthday. In 2009, for instance, 73.3 percent of U.S. women who were aged 30–34 had married. Computed from Rose M. Kreider & Renee Ellis, U.S. Census Bureau, Number, Timing, and Duration of Marriages and Divorces: 2009, Current Population Rep., May 2011 (P70–125), at 3 tbl. 1 (reporting, for 2009 and four earlier years, age-specific percentages of women who had never been married), https://www.census.gov/prod/2011pubs/p70-125.pdf (last visited June 10, 2018). Furthermore, most U.S. women who have married bear at least one child. Data for the United States covering the period 2006–2010 show that, among childbearing-age women who were currently married as well as among childbearing-age women who were previously married and not presently cohabiting, fully four-fifths had given birth to one or more children. Gladys Martinez et al., Nat’l Ctr. Health Stat., Fertility of Men and Women Aged 15–44 Years in the United States: National Survey of Family Growth, 2006–2010, Nat’l Health Stat. Rep. 13 tbl. 1 (2012), available at https://www.ncbi.nlm.nih.gov/pubmed/22803225 (last visited June 10, 2018).

  7. 7.

    Martinez et al., supra note 6, at 23 tbl. 10 (finding that, during 2006–2010, approximately one out of four ever-married U.S. women who were 15–44 years old had experienced a premarital birth); Amara Bachu, U.S. Census Bureau, Trends in Premarital Childbearing: 1930 to 1994, Current Population Rep. 2 tbl. 1, 3 (P23–197) (1999) (providing data showing that, during the period 1990–1994, approximately one-half of all first births to U.S. women aged 15–29 were delivered or conceived before these women married; and reporting a secular increase in the fraction after 1940).

  8. 8.

    Larry D. Barnett, The Place of Law: The Role and Limits of Law in Society 345–47 (2011) [hereinafter The Place of Law]. In the United States, the societal benefit of marriage is manifested in a family-level economic reward—adults who marry before becoming parents have, on average, a substantially higher family income (adjusted for family size) than adults who marry after becoming parents. Wendy Wang & W. Bradford Wilcox, Inst. Fam. Stud., The Millenial Success Sequence 3–4, 7, 15–16, 29 (2017) (studying a national sample of U.S. adults who were aged 28–34 in 2013–2014), available at http://www.aei.org/?s=millennial+success+sequence (last visited June 10, 2018).

  9. 9.

    In supra Chap. 1, see the portion of Sect. 1.3 that precedes Sect 1.3.1.

  10. 10.

    The provisions are reproduced in note 14 in Chap. 2 of the second volume.

  11. 11.

    Strauder v. West Virginia, 100 U.S. 303 (1879).

  12. 12.

    Note 9 and accompanying text in Chap. 3 of the second volume.

  13. 13.

    Text accompanying notes 11 & 12 in Chap. 3 of the second volume.

  14. 14.

    Campbell Gibson, Chapter 7. Marital Status, in American Demographic History Chartbook: 1970 to 2010 [2] fig. 7.1 (2012), http://demographicchartbook.com (last visited June 10, 2018). In addition, see Fig. 1.2 and accompanying text in supra Chap. 1 (presenting period percentages of men and of women in the United States who, after the midpoint of the twentieth century, had not married by their 30th birthday and by their 40th birthday).

  15. 15.

    See Fig. 1.3 in supra Chap. 1.

  16. 16.

    See note 25 and accompanying text in Chap. 4 of the second volume.

  17. 17.

    See note 169 in supra Chap. 1.

  18. 18.

    See note 171 in supra Chap. 1.

  19. 19.

    Campbell Gibson, Chapter 15. Labor Force, in American Demographic History Chartbook: 1970 to 2010 [3] fig. 15.1 (2013), http://demographicchartbook.com (last visited June 10, 2018).

  20. 20.

    U.S. Dep’t of Labor, About Us, https://www.dol.gov/general/aboutdol (last visited Nov. 20, 2018).

  21. 21.

    Judson MacLaury, U.S. Dep’t of Labor, Chapter 1: Start-up of the Department and World War I, 1913–1921, in History of the Department of Labor, 1913–1988 [1988], https://www.dol.gov/general/aboutdol/history/hs75menu (last visited June 10, 2018).

    The Bureau of Labor Statistics, a unit of the Department, collects and analyzes extensive data pertaining to, inter alia, the labor force, employment, remuneration from employment, job-related injuries, underemployment, and unemployment. U.S. Bureau of Labor Statistics, BLS Information: Mission Statement, https://www.bls.gov/bls/blsmissn.htm (last visited June 10, 2018). Almost since the establishment of the Department in 1913, the Bureau has published a journal, now titled the Monthly Labor Review, that disseminates statistical data and scholarly research on Bureau-relevant topics. U.S. Bureau of Labor Statistics, About the Monthly Labor Review, https://www.bls.gov/opub/mlr/about.htm (last visited June 10, 2018). The first issue of the Monthly Labor Review was released in 1915 and had a circulation of 8000 printed copies. Paper copies were discontinued in 2007; since then, the Review has been published solely online. Readership of the online issues of the Review is substantial; the June 2013 issue had more than one million page views. Emily Lloyd Liddel, The Monthly Labor Review Gets a New Look, Monthly Lab. Rev., July 2013, at 1, 3 https://www.bls.gov/opub/mlr/2013/article/mlr-gets-a-new-look.htm (last visited June 10, 2018).

  22. 22.

    American Sociological Ass’n, Current Sections, http://www.asanet.org/asa-communities/asa-sections/current-sections (last visited June 10, 2018). See also Canadian Sociological Ass’n, Research Clusters (listing a cluster devoted to “Work, Professions, and Occupations”), http://www.csa-scs.ca/research-clusters (last visited June 10, 2018).

  23. 23.

    European Sociological Ass’n, Research Networks, http://www.europeansociology.org/research-networks (last visited June 10, 2018).

  24. 24.

    U.S. Equal Employment Opportunity Comm’n, The Law, https://www.eeoc.gov/eeoc/history/50th/thelaw.cfm (last visited June 10, 2018). The Commission enforces federal law that is designed to protect job holders and job applicants from discrimination based on age, color, disability, genetic inheritance, national origin, race, religion, or sex. U.S. Equal Employment Opportunity Comm’n, Laws Enforced by EEOC, https://www.eeoc.gov/laws/statutes/index.cfm (last visited June 10, 2018).

  25. 25.

    See note 215 in supra Chap. 1. The clauses are in the First Amendment, which was incorporated into the Constitution in 1791. Id.

  26. 26.

    In Chap. 6 of the second volume, see note 1 and the text accompanying notes 10 & 11.

  27. 27.

    See Fig. 1.4 and accompanying text in supra Chap. 1.

  28. 28.

    The theorems were formulated from a review of the studies named in Explaining Law, supra note 1, at 53–55 app. A; the studies listed in the Appendix to supra Chap. 1; and the studies reported in Chaps. 2, 3, 4, 5, and 6 of the second volume. However, not all of these studies were used when constructing the theorems. For example, a study was excluded if its design contained what was considered to be a major flaw, if it was limited to law in only a single jurisdiction, or if it dealt with a doctrine of law that was covered in another study whose design was deemed superior. When relying on studies conducted by other social scientists, I followed the practice of the authors of these studies as to statistical significance and levels of statistical significance; that is, I adhered to the standard that the authors applied when deciding whether to reject null hypotheses.

  29. 29.

    The rigor of the design of a study is inversely related to the likelihood that the study will find that its dependent variable is a function of any of its independent variables. Frans L. Leeuw & Hans Schmeets, Empirical Legal Research 122–25 (2016). As a result, conclusions that the advent of new law is due to changes or differences in sociological agents are more frequent when cross-sectional data are analyzed than when longitudinal data are analyzed. Id. at 122–23. In this regard, readers should keep in mind that cross-sectional data were employed in a sizeable number of the studies on which I rely in constructing the theorems in Sect. 2.3. However, two types of cross-sectional data should be differentiated: In one type, a single time point is the source of the data for every variable. In the second type, the time point that supplies the data for the independent variables is earlier than the time point that supplies the data for the dependent variable. Although both of the foregoing can be classified as cross-sectional, relationships between independent variables and a dependent variable can be expected to occur less often in the second type of cross-sectional data than in the first type.

  30. 30.

    The political process and the history of law are excluded from the list, too. In the theory constructed here, what happens in politics is considered to stem from the named sociological agents. The political process is thus treated as a link in a chain from the agents to doctrines of law. See Gary Reich & Jay Barth, Planting in Fertile Soil: The National Rifle Association and State Firearms Legislation, 98 Soc. Sci. Q. 485, 489–90, 494–95, 497 (2017) (concluding that increased sales of guns and ammunition in the United States during a four-year period allowed interest-group spending to be effective in producing state legislation that brought about a net lessening of state regulation of firearms).

    The history of law is not listed as an agent because history by itself is simply a chronology that does not reveal the societal context of law. In a study of more than 75 nations, whether the institution of law in these nations grew out of the institution of law in England was found to determine the stringency of law on employment. Marc S. Mentzer, A Quantitative Approach to National Culture and Employment Law, 19 Employee Responsibilities & Rights J. 263, 270, 271, 273 tbl. 2 (2007). However, identification of the nation whose institution of law was the historical source of law fails to consider the societal agents that were responsible for the institution of law in that nation. A particular social environment presumably gave birth to, and shaped the doctrines of, the institution of law in the originating nation.

  31. 31.

    Charles A. Johnson, Political Culture in American States: Elazar’s Formulation Examined, 20 Am. J. Pol. Sci. 491, 492–95 (1976); David R. Morgan & Sheilah S. Watson, Political Culture, Political System Characteristics, and Public Policies among the American States, Publius, Spring 1991, at 31, 35; Sharon Kay Parsons, Abortion Policy in the Fifty States: A Comparative Analysis 69–73 (1991) (unpublished Ph.D. dissertation, Florida Atlantic Univ.). Religious groups as the indicators of culture types in the United States may be justified by theory that considers religion to have been critical to the preservation of culture across generations. Daniel J. Elazar, Cities of the Prairie: The Metropolitican Frontier and American Politics 154, 191, 476 (1970) [hereinafter Cities].

  32. 32.

    U.S. Const. amend. XVIII (adopted 1919, effective 1920). See U.S. Gov’t Publ’g Office, Constitution of the United States of America: Analysis and Interpretation. Amendments to the Constitution of the United States of America 35–36 (S. Doc. 112-9) (2016) [hereinafter Amendments to U.S. Constitution], available at https://www.gpo.gov/fdsys/pkg/GPO-CONAN-REV-2016 (last visited June 10, 2018).

  33. 33.

    U.S. Const. amend. XXI, §§ 1, 2 (effective 1933); Amendments to U.S. Constitution, supra note 32, at 38–39.

  34. 34.

    John Dinan & Jac C. Heckelman, Support for Repealing Prohibition: An Analysis of State-Wide Referenda on Ratifying the 21st Amendment, 95 Soc. Sci. Q. 636, 641, 646 tbl. 4 (2014) (focusing on the 37 states that, through statewide referenda in 1933, elected delegates to state conventions that decided whether to ratify the Twenty-first Amendment; and analyzing data on the share of voters who endorsed slates of delegates supporting ratification).

  35. 35.

    John Frendreis & Raymond Tatalovich, “A Hundred Miles of Dry”: Religion and the Persistence of Prohibition in the U.S. States, 10 State Pol. & Pol’y Q. 302, 309–11, 313 tbl. 3 (2010).

  36. 36.

    Frank Newport, Gallup Inc., U.S. Drinking Rate Edges Up Slightly to 25-Year High (2010) (finding, among U.S. adults in a national sample interviewed in 2010, that approximately three of four Catholics, and three out of five Protestants or “other non-Catholic Christians,” consumed alcoholic beverages), http://www.gallup.com/poll/141656/Drinking-Rate-Edges-Slightly-Year-High.aspx (last visited June 10, 2018).

  37. 37.

    Pew Research Ctr., U.S. Catholics Open to Non-Traditional Families 4, 90, 93 (2015), http://www.pewforum.org/2015/09/02/u-s-catholics-open-to-non-traditional-families (last visited June 10, 2018).

  38. 38.

    Wikipedia, Christian Views on Alcohol, https://en.wikipedia.org/wiki/Christian_views_on_alcohol (last visited June 10, 2018).

  39. 39.

    Geographic variations in alcoholic-beverage consumption have been traced to differences in climate, latitude, physical environment, and social organization as well as to historical events involving the migration of populations and the subjugation of populations through military force. Because the foregoing differences and events have had enduring effects, they have been posited as responsible for long-standing and current dissimilarities in culture. Ruth C. Engs, Protestants and Catholics: Drunken Barbarians and Mellow Romans?, at 2–3, 5–6 (unpublished manuscript, 2000), https://scholarworks.iu.edu/dspace/handle/2022/17149 (last visited June 10, 2018); Ruth C. Engs, Do Traditional Western European Drinking Practices Have Origins in Antiquity?, 2 Addiction Res. 227 (1995) [hereinafter Engs, Origins], available at https://scholarworks.iu.edu/dspace/handle/2022/17485 (last visited June 10, 2018).

  40. 40.

    Within a religion, differences in ethnic background, and hence in culture, can produce ethnicity-linked dissimilar behavior among adherents of the religion. Andrew M. Greeley, The Sociology of American Catholics, 79 Ann. Rev. Sociol. 5, 91, 93 (1979) (reporting differences among ethnic groups of U.S. Catholics in terms of when each group reached the national average in college enrollment).

  41. 41.

    Pew Res. Ctr., From Ireland to Germany to Italy to Mexico: How America’s Source of Immigrants Has Changed the States, 1850–2013 (2015) (interactive chart), http://www.pewhispanic.org/2015/09/28/from-ireland-to-germany-to-italy-to-mexico-how-americas-source-of-immigrants-has-changed-in-the-states-1850-to-2013 (last visited June 10, 2018).

  42. 42.

    See James K. Wellman, Jr. & Katie E. Corcoran, Religion and Regional Culture: Embedding Religious Commitment within Place, 74 Sociol. Religion 496, 499–500 (2013) (pointing to empirical evidence for the proposition that religious practices are influenced by their surrounding culture and finding empirical support for the hypothesis that religious practices can be more alike among spatially proximate adherents of different religions than among spatially distant adherents of the same religion).

  43. 43.

    The General Social Survey (GSS) has been conducted yearly or biennially since 1972. Prior to 2006, the GSS limited itself to individuals who spoke English; from 2006 onward, the GSS sampled individuals who spoke Spanish (but not English) as well as individuals who spoke English. Nat’l Opinion Res. Ctr., General Social Surveys, 1972–2016: Cumulative Codebook viii, 3110 (Sept. 2017) [hereinafter Cumulative Codebook], http://gss.norc.org/get-documentation (last visited June 10, 2018).

    The data employed to compute the percentages reported in the text were obtained online with the GSS Data Explorer, which can be accessed at https://gssdataexplorer.norc.org, and were weighted with WTSSALL. Cumulative Codebook, supra, at 3124–26; Nat’l Opinion Res. Ctr., Weighting Help (2018), https://gssdataexplorer.norc.org/pages/show?page=gss%2Fweighting (last visited June 10, 2018).

  44. 44.

    Cumulative Codebook, supra note 43, at 332, 2873–75.

  45. 45.

    Id. at app. U.

  46. 46.

    Each country/area that was categorized as “Other” accounted for less than 3.0% of Catholic respondents and for less than 3.0% of Protestant respondents.

  47. 47.

    See Engs, Origins, supra note 39.

  48. 48.

    Table 2.1 in Chap. 2 of the second volume names the regions and the states within each region.

    Three types of culture (moralistic, individualistic, and traditionalistic) have been postulated for research on behavior in the political arena. Cities, supra note 31, at 258–66; Daniel J. Elazar, Cities of the Prairie Revisited 84–85 (1986) [hereinafter Cities Revisited]. Geographic variation across the United States in the presence of the three types has been traced to (1) cultural differences between the countries from which large numbers of people migrated to the United States and (2) geographic differences in where these ethnic groups settled in the United States. Cities, supra note 31, at ch. 4; Cities Revisited, supra, at 85, 87; also see Pew Res. Ctr., supra note 41. When assessing the impact of culture type on the content of law, the type that dominates each jurisdiction in a set of jurisdictions has been quantified. Some political-science studies have assumed that the three types of culture represent a single continuum, with moralistic culture at one end, traditionalistic culture at the other end, and individualistic culture in the middle. Based on the preceding assumption, culture has been scaled in these studies as a single, linear variable. E.g., James L. Gibson, Pluralism, Federalism and the Protection of Civil Liberties, 43 W. Pol. Q. 511, 527–28, 530 (1990). Because I believe the assumption to be mistaken, I do not consider studies that rely on it. The three types of culture were not originally conceived as manifestations of one underlying variable. Patrick Fisher & Travis Pratt, Political Culture and the Death Penalty, 17 Crim. Just. Pol’y Rev. 48, 54 (2006). Rather, they were envisaged as a triangle, with each type forming one side of the triangle. Cities Revisited, supra, at 86, 104. In this view, culture is multifaceted and its facets do not form a continuum.

  49. 49.

    E.g., Peter J. Rentfrow et al., A Theory of the Emergence, Persistence, and Expression of Geographic Variation in Psychological Characteristics, 3 Persp. Psychol. Sci. 339, 352–54 figs. 2 to 6 (2008) [hereinafter Rentfrow, Gosling, & Potter].

  50. 50.

    Agreeableness has been equated to pleasantness. Lewis R. Goldberg, The Development of Markers for the Big-Five Factor Structure, 4 Psychol. Assessment 26, 42 app. B (1992). Words that are associated with agreeableness and disagreeableness have been assembled by Lewis R. Goldberg, An Alternative “Description of Personality”: The Big-Five Factor Structure, 59 J. Personality & Soc. Psychol. 1216, 1217, 1223–25 (1990).

  51. 51.

    Rentfrow, Gosling, & Potter, supra note 49, at 346–47; Peter J. Rentfrow, Geographical Differences in Personality, in Geographical Psychology: Exploring the Interaction of Environment and Behavior 115, 120–23, 127 tbl. 6.1 (Peter J. Rentfrow ed., 2014) [hereinafter Geographical Psychology].

  52. 52.

    Stewart J. H. McCann, Big Five Personality Differences and Political, Social, and Economic Conservatism: An American State-level Analysis, in Geographical Psychology, supra note 51, at 139, 143 tbl. 7.1, 150 tbl. 7.3.

  53. 53.

    Peter J. Rentfrow et al., Divided We Stand: Three Psychological Regions of the United States and Their Political, Economic, Social, and Health Correlates, 105 J. Personality & Soc. Psychol. 996, 998–1001, 1012 app. (2013).

  54. 54.

    Id. at 1012 app. On each dimension, the standard deviation of the T-score distribution was 10. Id. at 1012 app.

  55. 55.

    Because state population size was not used as a weight in calculating the means, every state within a region had the same influence on the mean for the region.

  56. 56.

    Martin Obschonka et al., The Regional Distribution and Correlates of an Entrepreneurship-Prone Personality Profile in the United States, Germany, and the United Kingdom, 105 J. Personality & Soc. Psychol. 104 (2013).

  57. 57.

    Robert Huggins & Piers Thompson, Socio-Spatial Culture and Entrepreneurship: Some Theoretical and Empirical Observations, 92 Econ. Geography 269 (2016).

  58. 58.

    Ryan Westwood, The Traits Entrepreneurs Need to Succeed, Forbes, Jan. 9, 2017, https://www.forbes.com/sites/ryanwestwood/2017/01/09/the-traits-entrepreneurs-need-to-succeed/#137fbb4c5c10 (last visited June 12, 2018). A similar list of attributes was identified in a meta-analysis of studies done on entrepreneurs. Andreas Rauch & Michael Frese, Let’s Put the Person Back into Entrepreneurship Research: A Meta-Analysis on the Relationship between Business Owners’ Personality Traits, Business Creation, and Success, 16 Eur. J. Work & Organizational Psychol. 353 (2007).

  59. 59.

    See Huggins & Thompson, supra note 57, at 282, 287, 292 (finding that new entrepreneurship in the United Kingdom varies inversely with social homogeneity and stability).

  60. 60.

    Gallup, Inc., The Values and Beliefs of the American Public – A National Study, at 10 (quest. 37c) (2010), http://www.thearda.com/Archive/Files/Descriptions/BRS2011.asp (on “Baylor Religion Survey, Wave III (2010)” page, follow “Original Survey (Instrument)” hyperlink). Sampling and data collection were done by the Gallup Organization, and are described at Ass’n of Religion Data Archives, Baylor Religion Survey, Wave III (2010), http://www.thearda.com/Archive/Files/Descriptions/BRS2011.asp. The BRS was a project of the Baylor University Institute for Studies of Religion. The data used here are from the website of the Association of Religion Data Archives, www.thearda.com, and were downloaded from the “Baylor Religion Survey, Wave III (2010)” page at http://www.thearda.com/Archive/Files/Descriptions/BRS2011.asp. The web pages cited in this note were last visited on June 12, 2018.

  61. 61.

    The BRS divides the country into regions labeled “East,” “Midwest,” “South,” and “West,” but it does not explain these labels. I assumed that the label “East” was for the “Northeast” region as defined by the U.S. Census Bureau, and that the labels “South” and “West” were for the regions so named by the Bureau. I additionally assumed that that the label “Midwest” was synonymous with the “North Central” region as defined by the Bureau. Since 1984, the Bureau has applied the label “Midwest” to the North Central region. U.S. Bureau of the Census, Geographic Areas Reference Manual. Ch. 6: Statistical Groupings of States and Counties, at 24 (1994).

  62. 62.

    See supra note 43 and accompanying text.

  63. 63.

    Cumulative Codebook, supra note 43, at 487, app. U. The mnemonic label for the GSS question is spanking. The question was not asked in 1987.

  64. 64.

    The GSS categorizes interviews by the Census Bureau geographic division in which they are conducted. See the question labelled region in Cumulative Codebook, supra note 43, at 228. I aggregated the division data in calculating the percentages for the regions.

  65. 65.

    Christopher G. Ellison & Matt Bradshaw, Religious Beliefs, Sociopolitical Ideology, and Attitudes Toward Corporal Punishment, 30 J. Fam. Issues 320, 328, 330, 332–33 & tbl. 2 (2009). The authors, who used data from the GSS that was conducted in 1998, do not reproduce the wording of, or give the mnemonic label for, the question that they used to measure conservatism. Id. at 327, 330. However, given the information they provided, the question was evidently polviews, which reads as follows: “We hear a lot of talk these days about liberals and conservatives. I’m going to show you a seven-point scale on which the political views that people might hold are arranged from extremely liberal—point 1—to extremely conservative—point 7. Where would you place yourself on this scale?” Cumulative Codebook, supra note 43, at 258.

  66. 66.

    Jasmine M. Carey & Delroy L. Paulhus, Worldview Implications of Believing in Free Will and/or Determinism: Politics, Morality, and Punitiveness, 81 J. Personality 130 (2013); Jasmine R. Silver & Eric Silver, Why Are Conservatives More Punitive Than Liberals? A Moral Foundations Approach, 41 Law & Hum. Behav. 258, 259–60, 265 (2017). See also Michael T. Costelloe et al., The Social Correlates of Punitiveness Toward Criminals: A Comparison of the Czech Republic and Florida, 23 Just. Sys. J. 191, 193–94, 199 tbl. 2, 200 tbl. 3, 210 (2002) (finding that, in the United States, degree of conservatism was correlated with degree of punitiveness).

  67. 67.

    Cumulative Codebook, supra note 43, at 2476.

  68. 68.

    Id. at 2477.

  69. 69.

    NORC, GSS: International Self-Administered Questionnaire 11 (1991), https://gssdataexplorer.norc.org/pages/show?page=gss%2Fhelp (follow “View GSS Questionnaires” hyperlink) (last visited June 12, 2018).

  70. 70.

    The Place of Law, supra note 8, at 214, 217, 243 n.126. Law that seeks to prohibit immoral behavior is permissible, however, if the targeted behavior is deemed to be a public concern. Id. at 214; Barnes v. Glen Theatre, 501 U.S. 560, 569 (1991) (plurality opinion by Rehnquist, C.J., and O’Connor & Kennedy, JJ.).

  71. 71.

    Supra note 64.

  72. 72.

    The Place of Law, supra note 8, at 214, 217.

  73. 73.

    Explaining Law, supra note 1, at chs. 2 & 3.

  74. 74.

    Heather A. O’Connell, The Impact of Slavery on Racial Inequality in Poverty in the Contemporary U.S. South, 90 Soc. Forces 713, 713, 722, 723 tbl. 1, 726 tbl. 2, 727 (2012) (using data on counties in the South, calculating the county-level ratio in 2000 of the poverty rate among Blacks to the poverty rate among non-Hispanic Whites, and finding that the size of this ratio was positively related to the prevalence of slaves in the county population in 1860).

  75. 75.

    See Sect. 5.2.1.1 in Chap. 5 of the second volume.

  76. 76.

    The Place of Law, supra note 8, at 268–70.

  77. 77.

    Religion-affiliated entities have a large number of employees in the United States. Steven K. Green, Religious Discrimination, Public Funding, and Constitutional Values, 30 Hastings Const. L.Q. 1, 22 (2002) (estimating that “millions” of individuals are employed by religion-affiliated entities). As a result, while Title VII of the U.S. Civil Rights Act of 1964 broadly forbids private-sector employment discrimination based on religion, a section of the Act expressly allows such discrimination by “a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.” 42 U.S.C. §§ 2000e-1(a), 2000e-2 (2012). For an overview of the treatment of religion by Title VII, see Green, supra. Religion, of course, is and has long been of considerable importance to Americans. See Fig. 1.4 and accompanying text in supra Chap. 1; text accompanying notes 1 to 8 in Chap. 6 of the second volume.

  78. 78.

    The age trait has been contrasted with the traits that are covered by Title VII of the U.S. Civil Rights Act of 1964. Smith v. City of Jackson, Miss., 544 U.S. 228, 240–41 (2005). Under Title VII, employment discrimination is forbidden when it is based on color, race, national origin, religion, or sex. 42 U.S.C. § 2000e-2(a) to (d) (2012).

  79. 79.

    Deborah Weiss, The Annoyingly Indeterminate Effects of Sex Differences, 19 Tex. J. Women & L. 99, 146–47, 172 (2010) (concluding from a review of research that accumulating studies have uncovered a “real,” though frequently exaggerated, divergence in certain skills between the average female and the average male; and hypothesizing that each sex disproportionately selects the occupations in which it has a relative advantage in skills).

  80. 80.

    Explaining Law, supra note 1, at 66–94, 113–39.

  81. 81.

    In the original study of abortlaw, model III was the preferred model. The independent variables comprising this model, their mnemonic labels (in parentheses), and their state-level empirical indicators (for 1960) were as follows:

    • Cultural heterogeneity (foreignpop), which was measured by the percentage of the total state population that had been born outside the United States.

    • Culture, which was measured by dummies for the geographic regions designated by the U.S. Census Bureau.

    • Education among women aged 25–29 (coll2529), which was measured by the percentage of women aged 25–29 who had completed a minimum of four years of college.

    • Labor force participation rate of women aged 25–29 (labor2529), which was measured by the percentage of women aged 25–29 who were in the labor force.

    Id. at 76–77, 82 tbl. 2.2, 87.

    In the original study of tslaw, model III was the preferred model. The independent variables comprising this model, their mnemonic labels (in parentheses), and their state-level empirical indicators (for 1990) were as follows:

    • Culture, which was measured by dummies for the geographic regions designated by the U.S. Census Bureau.

    • Social disorder (divorce90), which was measured by the percentage of women aged 30–34 who had been married but were not presently married due to divorce.

    • Societal rationality (educ90), which was measured by the percentage of the population aged 25 and older that had earned at least a bachelor’s degree.

    Id. at 125–26, 131 tbl. 3.3, 136, 138.

  82. 82.

    The coding of the dependent variable, that is, of abortlaw, is described in id. at 67.

  83. 83.

    foreignpop, coll2529, and labor2529 had odds ratios in the reanalysis that were identical to their respective odds ratios in the preferred model of the original analysis. Similarly, the fit of the model in the reanalysis was identical to the fit of the preferred model in the original analysis. For the results of the original analysis, see id. at 82 tbl. 2.2 (model III).

  84. 84.

    Stewart J. H. McCann, Do State Laws Concerning Homosexuals Reflect the Preeminence of Conservative-Liberal Individual Differences?, 151 J. Soc. Psychol. 227, 229–30, 233–34 (2011) (finding among U.S. states a positive relationship between the share of adult residents who were self-described conservatives and the likelihood that state law lacked rights for same-sex couples); Stacey M. Brumbaugh et al., Attitudes Toward Gay Marriage in States Undergoing Marriage Law Transformation, 70 J. Marriage & Fam. 345, 349–51, 355 tbl. 3 (2008) (using data from a random sample of households in three U.S. states; and finding that a higher level of conservatism promotes opposition to law that allows same-sex marriage). Over time, conservatism has also come to promote, and increasingly promote, opposition to law that allows abortion. Jennifer Strickler & Nicholas L. Danigelis, Changing Frameworks in Attitudes Toward Abortion, 17 Sociol. Forum 187, 191–93, 196–98 (2002). An aspect of conservatism is punitiveness, that is, greater conservatism includes a higher level of punitiveness. Supra note 65 and accompanying text; Silver & Silver, supra note 66, at 258 (summary of research). Ceteris paribus, therefore, a jurisdiction in which conservatism is common will be more likely than a jurisdiction in which conservatism is uncommon to have law designed to suppress (1) forms of sexual behavior that are socially aberrant in the jurisdiction and (2) socially aberrant means and actions that prevent a particular outcome of sexual behavior, even sexual behavior that is socially approved. Notably, conservatism is associated with less sociability and with less acceptance of difference and newness; liberalism is associated with more of each. Paul A. M. van Lange et al., Are Conservatives Less Likely to be Prosocial Than Liberals? From Games to Ideology, Political Preferences and Voting, 26 Eur. J. Personality 461, 462, 469 (2012); Dana R. Carney et al., The Secret Lives of Liberals and Conservatives: Personality Profiles, Interaction Styles, and the Things They Leave Behind, 29 Pol. Psychol. 807, 834 (2008).

  85. 85.

    The coding of tslaw is described in Explaining Law, supra note 1, at 114, 125.

  86. 86.

    The independent variables and their empirical indicators for the preferred model in the original analysis are listed in supra note 81. In the reanalysis, the odds ratios for divorce90 and educ90 were 0.688 and 1.359, respectively; each of these odds ratios was statistically significant at or below 0.01. The model estimated in the reanalysis correctly placed 36 states in the categories of the dependent variable, surpassing the model in the original analysis by one state, and thus had an accuracy rate of 75.0%. For the results of the original analysis, see Explaining Law, supra note 1, at 131 tbl. 3.3 (model III).

  87. 87.

    35 U.S.C. §§ 1(a), 2(a) (2012).

  88. 88.

    U.S. Patent & Trademark Office, U.S. Patent Activity, Calendar Years 1790 to the Present (2016), https://www.uspto.gov/web/offices/ac/ido/oeip/taf/reports.htm#by_hist (on “Calendar Year Patent Statistics (January 1 to December 31) General Patent Statistics Reports Available for Viewing” page, select “Historical and Extended-Year Statistics” section) (last visited June 13, 2018).

  89. 89.

    35 U.S.C. § 101 (2012). Besides a patent for an invention, a patent is available for “any distinct and new variety of [asexually reproduced] plant” and for “any new, original and ornamental design for an article of manufacture.” 35 U.S.C. §§ 161, 171 (2012).

  90. 90.

    From 1963 through 2015, slightly more than half of all patents that the Office issued for inventions were awarded to persons who were present in the United States. Computed from U.S. Patent & Trademark Office, Number of Patents Granted as Distributed by Year of Patent Grant: Breakout by U.S. State/Territory and Foreign Country of Origin, at Table A1-1a, https://www.uspto.gov/web/offices/ac/ido/oeip/taf/reports.htm#by_hist (under “General Patent Statistics Reports Available for Viewing, by Report Category,” follow “By Geographic Origin” hyperlink to “Patent Counts by Country/State and Year, Utility Patents Report”). Data on the residence of utility-patent recipients prior to 1963 have apparently not been published.

  91. 91.

    Explaining Law, supra note 1, at 9, 98–99, 121, 185.

  92. 92.

    Egalitarianism in terms of gender is increased by knowledge growth because mounting knowledge promotes schooling, which in turn fosters female-male equality. See The Place of Law, supra note 8, at 200–01, 307–08, 453 n.223 (linking the level of knowledge availability and use in a population to the educational attainment of the population); Fred Pampel, Cohort Change, Diffusion, and Support for Gender Egalitarianism in Cross-National Perspective, 25 Demographic Res. 667, 674–76, 686–87 (2011) (reporting that in a range of nations, completion of a larger number of years of schooling is associated with greater egalitarianism in sex-role attitudes, especially among women).

  93. 93.

    Yuriy Gorodnichenko & Gerard Roland, Individualism, Innovation, and Long-Run Growth, 108 Proc. of Nat’l Acad. Sci. of U.S. 21316, 21317 fig. 1 (Supp. No. 4, 2011) (country measure of level of individualism); Anne E. McDaniel, Measuring Gender Egalitarianism, 38 Int’l J. Sociol. 58, 66–67 tbl. 4 (2008) (country measure of level of sex-role egalitarianism).

  94. 94.

    United States v. Virginia, 518 U.S. 515, 532 (1996) (government is barred by the equal protection guarantee of the Constitution from withholding from persons “equal opportunity to aspire, achieve, participate in and contribute to society based on their individual talents and capacities”); Engquist v. Oregon Dept. of Agriculture, 553 U.S. 591, 602 (2008) (“When those who appear similarly situated are nevertheless treated differently, the Equal Protection Clause requires at least a rational reason for the difference, to ensure that all persons subject to legislation or regulation are indeed being ‘treated alike, under like circumstances and conditions.’ Thus, when it appears that an individual is being singled out by the government, … the Equal Protection Clause requires a ‘rational basis for the difference in treatment’.”). See also Hudson v. United States, 522 U.S. 93, 103 (1997) (observing that the equal protection and due process guarantees of the federal Constitution “protect individuals from sanctions which are downright irrational”).

  95. 95.

    Cf. Milan Zafirovski, Is Sociology the Science of the Irrational? Conceptions of Rationality in Sociological Theory, 36 Am. Sociologist 85, 86 (2005) (discussing individual-level rational behavior as a conceptual tool found in classical sociological theory).

  96. 96.

    Anita Bernstein, What’s Wrong With Stereotyping?, 55 Ariz. L. Rev. 655, 659, 671–73 (2013).

  97. 97.

    David John Frank & Elizabeth H. McEneaney, The Individualization of Society and the Liberalization of State Policies on Same-Sex Sexual Relations, 1984–1995, 77 Soc. Forces 911, 912, 916 (1999).

  98. 98.

    Economic consequences of the process are the subject of the study by Gorodnichenko & Roland, supra note 93, at 21317–21318.

  99. 99.

    Frank & McEneaney, supra note 97, at 912, 914, 916–17.

  100. 100.

    Eisenstadt v. Baird, 405 U.S. 438, 453 (1972).

  101. 101.

    Samuel H. Preston & John McDonald, The Incidence of Divorce Within Cohorts of American Marriages Contracted Since the Civil War, 16 Demography 1, 10–11 tbl. 2 (1979).

  102. 102.

    Richard Arneson, Egalitarianism, in Stanford Encyclopedia of Philosophy (Edward N. Zalta ed., 2013), https://plato.stanford.edu (follow “Table of Contents” hyperlink) (last visited June 13, 2018).

  103. 103.

    Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity 1, 256 (2014).

  104. 104.

    Darrel Moellendorf, Equality of Opportunity Globalized?, 19 Can. J. L. & Juris. 301, 301 (2006).

  105. 105.

    Jeffrey H. Orleans, An End to the Odyssey: Equal Athletic Opportunities for Women, 3 Duke J. Gender L. & Pol’y 131 (1996) (discussing a federal statute, adopted in 1972, targeting sex discrimination in programs of education that receive federal government funding); Judith Welch Wegner, The Antidiscrimination Model Reconsidered: Ensuring Equal Opportunity without Respect to Handicap under Section 504 of the Rehabilitation Act of 1973, 69 Cornell L. Rev. 401 (1984) (reviewing a federal statute on discrimination affecting handicapped persons in programs or activities that use funds from the federal government, and describing agency regulations adopted under the statute to increase the access of handicapped persons to buildings, education, jobs, and social services); The Place of Law, supra note 8, at 268–70 (summarizing federal statutes, adopted during the period from 1963 to 1990, that address discrimination in employment).

  106. 106.

    The ideologies thus have a bearing on social integration as well as on system integration, concepts that were differentiated by David Lockwood, Social Integration and System Integration, in Explorations in Social Change 244, 245 (George K. Zollschan & Walter Hirsch eds., 1964).

  107. 107.

    If greater individualism diminishes cohesiveness, it may do so by weakening the wall that separates the private sphere from the public sphere. See the paragraph accompanying note 100 in Chap. 3 of the second volume. As the wall becomes less of an obstacle, activities that had been assigned to the public sphere have a greater ability to migrate to the private sphere, and the activities that migrate in this direction will escape regulation by law. Larry D. Barnett, Mutual Funds, Hedge Funds, and the Public-Private Dichotomy in a Macrosociological Framework for Law (CIRSDIG Working Paper No. 34, 2009), reprinted in Hedge Funds: Threats and Opportunities, at 30, 41–45 (L. Padmavathi ed., Icfai Univ. Press 2009). Ceteris paribus, law helps to unite a society, and when law is removed (because, for example, the activity it targets has come to be regarded as private), societal cohesion may be reduced to the degree that a sizeable segment of the population continues to regard the activity as a public matter. The Place of Law, supra note 8, at 51–63, 203–04. An enhanced immunity to regulatory law may be especially probable for activities whose designation as private or public is affected by gender. Id. at 214, 223–30.

  108. 108.

    Jonathan Young, Individualism, Egalitarianism, and Social Capital, abstract of paper presented at the 2009 meeting of the Midwestern Political Science Ass’n, available in Ebscohost (accession number 45301138).

  109. 109.

    The Place of Law, supra note 8, at 307–08, 453 n.223.

  110. 110.

    In Chap. 2 of the second volume, see the paragraph that accompanies notes 113 to 118.

  111. 111.

    Explaining Law, supra note 1, at 60, 67, 70–71, 77, 82 tbl. 2.2, 89.

  112. 112.

    In Chap. 5 of the second volume, see Table 5.3, Table 5.5, and the text that accompanies note 87 and note 115. The effect may be a function of the extent of tertiary education. Id. The mean level of education among White adults, according to another study, exercised no influence on whether states adopted law designed to suppress race discrimination in employment. William J. Collins, The Political Economy of Race, 1940–1964: The Adoption of State-Level Fair Employment Legislation 17, 19, 22, 34 tbl. 1, 36 tbl. 3 (Nat’l Bureau of Econ. Research, Historical Paper No. 128, 2000).

  113. 113.

    Rick Geddes & Dean Lueck, The Gains from Self-Ownership and the Expansion of Women’s Rights, 92 Am. Econ. Rev. 1079, 1085 & tbl. 2, 1087, 1088 tbl. 4 (2002).

  114. 114.

    John B. Dorris, Antidiscrimination Laws in Local Government: A Public Policy Analysis of Municipal Lesbian and Gay Public Employment Protection, in Gays and Lesbians in the Democratic Process 39, 46, 47, 48 tbl. 3.1, 49 (Ellen D. B. Riggle & Barry L. Tadlock eds., 1999); Steven H. Haeberle, Gay Men and Lesbians at City Hall, 77 Soc. Sci. Q. 190, 192, 193–94 & tbl. 1 (1996); Donald P. Haider-Markel & Kenneth J. Meier, The Politics of Gay and Lesbian Rights: Expanding the Scope of the Conflict, 58 J. Pol. 332, 335–36, 339, 341 tbl. 1, 342 tbl. 2 (1996).

  115. 115.

    Ion Bogdan Vasi & David Strang, Civil Liberty in America: The Diffusion of Municipal Bill of Rights Resolutions after the Passage of the USA PATRIOT Act, 114 Am. J. Sociol. 1716, 1717–18, 1729, 1731, 1732–33 & tbl. 2, 1739 tbl. 4 (2009).

  116. 116.

    Explaining Law, supra note 1, at 104, 114, 122–23, 125–26 tbl. 3.1, 131 tbl. 3.3, 139–40.

  117. 117.

    In Chap. 3 of the second volume, see Sects. 3.2.1.1, 3.2.3 and Tables 3.1, 3.3.

  118. 118.

    In Chap. 6 of the second volume, see Tables 6.2, 6.4, and the text that accompanies note 57 and notes 85 & 86.

  119. 119.

    John Frendreis & Raymond Tatalovich, Secularization, Modernization, or Population Change: Explaining the Decline of Prohibition in the United States, 94 Soc. Sci. Q. 379, 385–87, 388 tbl. 2 (2013). The data for the Frendreis-Tatalovich study covered 2115 counties in 33 states. Id. at 386. Seventeen states were not in the study because they did not allow their counties to decide whether to regulate the sale of liquor. Id. at 385.

  120. 120.

    Dorris, supra note 114, at 46–47, 50 tbl. 3.2. Cf. David Fairbanks, Religious Forces and “Morality” Policies in the American States, 30 W. Pol. Q. 411, 412–13, 416 tbl. 4 (1977) (finding for the 48 states in the continental United States that, after holding constant the “median education” of residents and the share of residents belonging to “fundamentalist” religions, the proportion of residents classified as “Conservative Protestants” was positively related to the degree that state law attempted to limit the availability of gambling and of liquor).

  121. 121.

    Lockwood , supra note 106, at 245 (distinguishing system integration from social integration in structural-functionalism theory and, by characterizing the divide between them as “artificial,” implying that system integration and social integration are tightly connected).

  122. 122.

    Explaining Law, supra note 1, at 120, 125, 131 tbl. 3.3, 139–40.

  123. 123.

    In Chap. 4 of the second volume, see Tables 4.1, 4.3 and Sect. 4.4.3.

  124. 124.

    David Jacobs & Jason T. Carmichael, The Political Sociology of the Death Penalty: A Pooled Time-Series Analysis, 67 Am. Sociol. Rev. 109, 117, 121 tbl. 2, 122 tbl. 3 (2002) (comparing states that were, and states that were not, in the top one-fourth of all states in terms of the percentage of residents who were born in the state). The study by Jacobs and Carmichael found that a state was less likely to have law authorizing capital punishment when a very large share of state residents had been born within the state than when a smaller share of state residents had been born within the state. That is, a state in which social disorder was very low (“outsiders” were uncommon) was not as likely to have the death penalty as a state in which social disorder was higher. Notably, the study did not ascertain the relationship between the entire range of this social-disorder yardstick (percentage born in-state) and whether states had law allowing the death penalty. Of greater concern is that the study did not measure and analyze data on the extent to which the inhabitants of each state had recently moved into the state. Social disorder from cross-state geographic relocations can be expected to stem from newly arrived state inhabitants.

  125. 125.

    In Chap. 4 of the second volume, see the text accompanying note 100.

  126. 126.

    In Chap. 4 of the second volume, see Tables 4.1, 4.3 and Sect. 4.4.3.

  127. 127.

    In Chap. 6 of the second volume, see Tables 6.2, 6.4, and the text that accompanies notes 85 & 86.

  128. 128.

    In Chap. 5 of the second volume, see the paragraph that accompanies note 45; Tables 5.3, 5.5; and Sect. 5.2.3.

  129. 129.

    David Jacobs & Marc Dixon, The Politics of Labor-Management Relations: Detecting the Conditions that Affect Changes in Right-to-Work Laws, 53 Soc. Probs. 118, 125, 126, 129 tbl. 4 (2006).

  130. 130.

    Holly T. McCammon et al., How Movements Win: Gendered Opportunity Structures and U.S. Women’s Suffrage Movements, 1866 to 1919, 66 Am. Sociol Rev. 49, 52, 53, 59, 61, 62 tbl. 2 (2001). Under the Nineteenth Amendment, “[t]he right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.” U.S. Const. amend. XIX; Amendment to the Constitution, 41 Stat. 1823 (1920) (ratification).

  131. 131.

    See Hans-Peter Müller, Social Differentiation and Organic Solidarity: The Division of Labor Revisited, 9 Sociol. Forum 73, 76, 79 (1994) (reviewing the concept of the “division of labor” as posited in a book devoted to the concept; and labeling the book, which was authored by Émile Durkheim and published in 1893, a “classic” in sociology).

  132. 132.

    Floya Anthias, Rethinking Social Divisions: Some Notes towards a Theoretical Framework, 46 Sociol. Rev. 505, 506 (1998).

  133. 133.

    See the paragraphs that accompany notes 103 to 109 in Chap. 6 of the second volume.

    Because societal fragmentation is both a phenomenon within the scope of sociology as a discipline and a determinant of the content of law, sociologists may become personally involved in political action. When this happens, sociologists can erase the line that separates their discipline from politics and thereby damage the credibility of sociology. Alberto Martinelli, Sociology in Political Practice and Public Discourse, 56 Current Sociol. 361, 368–69 (2008).

  134. 134.

    E.g., Gratz v. Bollinger, 539 U.S. 244, 270–71 (2003) (race); United States v. Virginia, 518 U.S. 515, 532–34 (1996) (sex).

  135. 135.

    E.g., Lemon v. Kurtzman, 403 U.S. 602, 622–23 (1971) (majority opinion) (“Ordinarily political debate and division, however vigorous or even partisan, are normal and healthy manifestations of our democratic system of government, but political division along religious lines” can disrupt “the normal political process” and its application to “issues of great urgency”). Cf. Van Orden v. Perry, 545 U.S. 677, 698 (2005) (Breyer, J., concurring) (observing that the Constitution “seek[s] to avoid that divisiveness based upon religion that promotes social conflict”).

  136. 136.

    Note 86 in supra Chap. 1.

  137. 137.

    Rhode Island Chapter, Associated Gen. Contractors of Am., Inc. v. Kreps, 450 F. Supp. 338, 361 n.26 (D. R.I. 1978).

  138. 138.

    Mark Collard et al., Branching, Blending, and the Evolution of Cultural Similarities and Differences among Human Populations, 27 Evolution & Hum. Behav. 169, 170–71, 179–80 (2006).

  139. 139.

    Guy Deutscher, Through the Language Glass: Why the World Looks Different in Other Languages 7, 20–22 (2010).

  140. 140.

    See Jennifer L. Prewitt-Freilino et al., The Gendering of Language: A Comparison of Gender Equality in Countries with Gendered, Natural Gender, and Genderless Languages, 66 Sex Roles 268, 269, 277–78 (2012) (finding that gender-linked components in language were related to the extent of gender equality in 134 nations and that this relationship existed apart from the relationship to the dependent variable of differences in religion).

  141. 141.

    The Constitution was amended by the Thirteenth Amendment in 1865, by the Fourteenth Amendment in 1868, and by the Fifteenth Amendment in 1870. Amendments to U.S. Constitution, supra note 32, at 30–33.

  142. 142.

    The Thirteenth Amendment, in prohibiting slavery in the United States, applies to private parties as well as to government entities and encompasses all of “the badges and incidents of slavery.” Jones v. Alfred H. Mayer Co., 392 U.S. 409, 431, 437–43 (1968).

  143. 143.

    Section 1 of the Fourteenth Amendment provides that “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” U.S. Const. amend. XIV, § 1.

  144. 144.

    Section 1 of the Fifteenth Amendment provides that “[t]he rights of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” U.S. Const. amend. XV, § 1.

  145. 145.

    Slaughter House Cases, 83 U.S. (16 Wall.) 36, 68–72 (1872). Accord, Strauder v. West Virginia, 100 U.S. 303, 305–08 (1879).

  146. 146.

    Explaining Law, supra note 1, at 60, 61–62, 67, 69, 76, 82 tbl. 2.2, 92. The Court rendered this ruling in Roe v. Wade, 410 U.S. 113 (1973).

  147. 147.

    Sebastian Braun & Michael Kvasnicka, Men, Women, and the Ballot: Gender Imbalances and Suffrage Extensions in the United States, 50 Explorations Econ. Hist. 405, 415, 419 & tbl. 2 (2013). See Amendments to U.S. Constitution, supra note 32, at 36 (Nineteenth Amendment).

  148. 148.

    Frendreis & Tatalovich, supra note 119, at 384–86, 388 tbl. 2 (studying counties in the 33 states that allowed county choice). In the Frendreis-Tatalovich study, one out of ten counties in county-option states served as the comparison group in Table 2, while seven out of ten counties in county-option states served as the comparison group in Table 3. Compare Table 2 and Table 3 in id. with id. at 386–87. Because the counties that were outside the Table 2 comparison group are much more numerous than the counties that were outside the Table 3 comparison group, Table 2 probably supplies more reliable estimates than Table 3 of the impact that each independent variable had on county liquor-sale law. Table 2 is thus the source of the findings that are reported in the text.

    Finding (1) in the text involved a positive relationship between the amount by which diversity in religion changed within a county and the likelihood that the county dropped law that made it “dry” in favor of law that made it “wet.” Finding (2) involved a positive relationship between the amount by which diversity in religion changed within a county and the likelihood that a county whose law classified it as “wet” retained such law. The positive relationships of diversity in religion to (1) and to (2) support Theorem 11, because among the counties in the study, the percentage whose law made them “wet” was approximately 72 percent in 1970 and approximately 88 percent in 2008. Computed from id. at 386 & tbl. 1. These relationships, furthermore, covered 1,852 counties. Computed from id. at 388 tbl. 2. One relationship in Table 2 (for counties whose law made them “wet” in 1980 but “dry” in 2008) conflicted with the theorem, but it covered just 50 counties.

  149. 149.

    In Chap. 6 of the second volume, see Sects. 6.2.1.2, 6.2.3 and Tables 6.2, 6.4. Similarly, governments of nations are more likely to be uninvolved with and detached from religion as diversity of religion increases within the nations. David T. Buckley & Luis Felipe Mantilla, God and Governance: Development, State Capacity, and the Regulation of Religion, 52 J. Sci. Study of Religion 328, 335, 340 tbl. 2 (2013) (finding, among nations at different levels of social-economic development, that the likelihood of government limitations on and backing of religion is lower when within-nation heterogeneity of religion is greater).

  150. 150.

    Tables 4.1, 4.3 and Sect. 4.4.3 in Chap. 4 of the second volume; Jacobs & Carmichael, supra note 124, at 117, 121 tbl. 2, 122 tbl. 3, 124 tbl. 4, 126.

  151. 151.

    Jacobs & Dixon, supra note 129, at 125, 129 tbl. 4. Accord, David Jacobs, On the Determinants of Class Legislation: An Ecological Study of Political Struggles Between Workers and Management, 19 Sociol. Q. 469, 472–74, 477 tbl. 2 (1978). Law that prescribed the lowest hourly wage that employers were allowed to pay their employees also became more likely as Blacks increased their share of the population. Id.

  152. 152.

    Jennifer Earl & Sarah A. Soule, The Differential Protection of Minority Groups: The Inclusion of Sexual Orientation, Gender and Disability in State Hate Crime Laws, 1976–1995, 9 Pol. Soc. Inequality 3, 12, 18 tbl. 1 (2001). In studies that disregarded the victim attributes covered by such “hate crime” law, the same measure of race-based fragmentation was inversely related to the likelihood that states adopted this type of law, but the relationship was not statistically significant at or below the investigator-specified significance level. Sarah A. Soule & Jennifer Earl, The Enactment of State-Level Hate Crime Law in the United States: Intrastate and Interstate Factors, 44 Sociol. Persp. 281, 288, 290, 295 tbl. 1 (2001); Ryken Grattet et al., The Homogenization and Differentiation of Hate Crime Law in the United States, 1978 to 1995: Innovation and Diffusion in the Criminalization of Bigotry, 63 Am. Soc. Rev. 286, 291–93, 297 tbl. 2 (1998) (model 4 and model 5 in Table 2). See generally Valerie Jenness, Hate Crimes in the United States: The Transformation of Injured Persons into Victims and the Extension of Victim Status to Multiple Constituencies, in Images of Issues: Typifying Contemporary Social Problems 213 (Joel Best ed., 2d ed. 1995) (reviewing the history and provisions of hate-crime legislation in the United States; and examining sociological and political aspects of this legislation).

  153. 153.

    In Chap. 3 of the second volume, see the paragraphs that accompany notes 65, 86 & 87; Tables 3.1, 3.3; and Sect. 3.2.3.

  154. 154.

    William Protash & Mark Baldassare, Growth Policies and Community Status: A Test and Modification of Logan’s Theory, 18 Urb. Aff. Q. 397, 401, 406–07 & fig. 2 (1983); Abigail M. York et al., Dimensions of Economic Development and Growth Management Policy Choices, 46 State & Local Gov’t Rev. 86, 89–90, 92, 94 tbl. 2 (2013).

  155. 155.

    The affinity of demography and sociology is longstanding despite differences in their approaches and strains in their relationship. Charles B. Nam, Sociology and Demography: Perspectives on Population, 61 Soc. Forces 359, 363–64, 367–68 (1982); Ian Pool, The Seminal Relationship between Demography and Sociology, 31 New Zealand Sociol. 146, 148, 150–51 (2016).

  156. 156.

    Explaining Law, supra note 1, at 60, 67, 74, 77, 82–83 & tbl. 2.2, 93. Accord, Christopher Z. Mooney & Mei-Hsien Lee, Legislating Morality in the American States: The Case of Pre-Roe Abortion Regulation Reform, 39 Am. J. Pol. Sci. 599, 619 tbl. 4 (1995).

    In another study, increases in labor force participation rates among women in 89 nations were found not to have a statistically significant impact (at or below a probability of 0.05) on the odds that abortion was lawful in these nations. Katherine Trent & Anthony W. Hoskin, Structural Determinants of the Abortion Rate: A Cross-societal Analysis, 46 Soc. Biology 62, 68, 72 tbl. 3 (1999). However, not all of the 89 nations had a democratic government and a high level of social-economic development. Id. at 67, 69–70 & tbl. 1. The nations that lacked these attributes are outside the scope of the instant book, and their inclusion may account for the results of the Trent-Hoskin study.

    The rate at which females in a nation participated in the labor force was found to have no impact on whether law in more than 100 nations permitted abortion of a pregnancy that resulted from rape, that was harmful to the psychological well-being of the pregnant woman, or that involved a defective fetus. Elizabeth H. Boyle et al., Abortion Liberalization in World Society, 1960–2009, 121 Am. J. Sociol. 882, 893, 897, 899, 901–03 & tbl. 3 (2015). However, Boyle et al. do not identify the nations that were responsible for the finding, which is reported in Table 3 of their article. Some of these nations may not have been a democracy and/or at an advanced stage of social-economic development. Compare id. at 894–95 tbl. 1 (categorizing 178 nations by their law-permitted grounds for abortion) with id. at 902 tbl. 3 (specifying that Table 3 covered 105 nations but not naming them). Insofar as such nations were in the data analyzed, they are not the type of society that is the focus of the instant book and had an unknown effect on the findings of the Boyle et al. study.

    Neither the Trent-Hoskin study nor the Boyle et al. study controlled the variable of female education attainment when they estimated the relationship between female labor force participation rates and law on abortion. Trent & Hoskin, supra, at 69–70, 72 tbl. 3; Boyle et al., supra, at 902 tbl. 3. Female education attainment was absent as well from the above-cited Mooney-Lee study. The extent of tertiary-level education among females, however, is evidently an important determinant of the types of grounds that law recognizes for abortion in a modern nation. Explaining Law, supra note 1, at 60, 67, 70–71, 77, 82 tbl. 2.2, 89. The absence of female education from a regression model examining whether and how particular independent variables influence the content of law on abortion creates uncertainty regarding the effect that was estimated for each of the included variables.

  157. 157.

    In Chap. 2 of the second volume, see Sects. 2.2.1, 2.2.4 and Tables 2.2, 2.4.

  158. 158.

    Braun & Kvasnicka, supra note 147, at 416, 419 & tbl. 2. Cf. McCammon et al., supra note 130, at 52, 59, 62 tbl. 2 (model 4) (studying U.S. states from 1866 to 1919 and finding that women were more likely to be allowed to vote as they became a larger share of attorneys and physicians).

  159. 159.

    In Chap. 3 of the second volume, see Sects. 3.2.1.1, 3.2.3 and Tables 3.1, 3.3.

  160. 160.

    Brian C. Janssen & David Jacobs, Explaining the Severity of Rape Law: Stratification and Threat Theory Analysis of State Rape Laws 12–16, 23, 27 tbl. 2 (unpublished paper presented at meeting of the American Sociological Ass’n, Aug. 14–17, 2004).

  161. 161.

    Sect. 2.2.2.2 in Chap. 2 of the second volume discusses the sex ratio and its measurement.

  162. 162.

    In Chap. 2 of the second volume, see Sects. 2.2.2.2, 2.2.4 and Tables 2.2, 2.4. The study that is reported in Chap. 2 used the sex ratio for Whites who were 35–39 years old in 1960. States whose law on jury service did not materially differentiate by sex, as well as states whose law on jury service did materially differentiate by sex, had a mean sex ratio below 97.0 among Whites aged 35–39 in 1960.

  163. 163.

    Braun & Kvasnicka, supra note 147, at 415, 418–19 & tbl. 2, 424. The sex ratio used in the Braun-Kvasnicka study was for ages 15–49 and was generally above 100.0 in states that, before sex-based voter qualifications were forbidden by the Constitution, adopted law that permitted women to vote. Id. at 412, 413 fig. 2. Sex as a determinant of voter eligibility was prohibited by the Nineteenth Amendment, the key portion of which is reproduced in supra note 130.

  164. 164.

    Geddes & Lueck, supra note 113, at 1085 & tbl. 2, 1087, 1088 tbl. 4, 1089.

  165. 165.

    Dorris, supra note 114, at 46, 48 tbl. 3.1, 49; Haeberle, supra note 114, at 192, 193–4 & tbl. 1; Marieka Klawitter & Brian Hammer, Spatial and Temporal Diffusion of Local Antidiscrimination Policies for Sexual Orientation, in Gays and Lesbians in the Democratic Process 22, 26–28, 29 tbl. 2.1, 33 (Ellen D. B. Riggle & Barry L. Tadlock eds., 1999); Kenneth D. Wald et al., The Politics of Gay Rights in American Communities: Explaining Antidiscrimination Ordinances and Policies, 40 Am. J. Pol. Sci. 1152, 1153, 1158, 1165 & tbl. 2, [1172] tbl. A-1 (1996); Christopher P. Scheitle & Bryanna B. Hahn, From the Pews to Policy: Specifying Evangelical Protestantism’s Influence on States’ Sexual Orientation Policies, 89 Soc. Forces 913, 919–20, 927 tbl. 1, 929 tbl. 2 (2011).

    The population size of a state has a positive and statistically significant relationship to the likelihood that the state explicitly criminalizes prejudice-based violence and intimidation directed at persons who are not (or not exclusively) heterosexual, but the share of the state population that resides in “urban areas” has no statistically significant relationship to the likelihood of such law. Earl & Soule, supra note 152, at 5, 12, 19 tbl. 1. As a measure of the degree of population density in a state, that is, the degree to which the inhabitants of a state are geographically concentrated, population size is less accurate than the share of inhabitants who reside in urbanized or metropolitan areas. Michael Ratcliffe, U.S. Census Bureau, A Century of Delineating a Changing Landscape: The Census Bureau’s Urban and Rural Classification, 1910 to 2010 (paper presented at the annual meeting of the Social Science History Ass’n, 2015), available at https://www2.census.gov/geo/pdfs/reference/ua/Century_of_Defining_Urban.pdf (last visited June 14, 2018). The findings of the Earl-Soule study thus provide uncertain support for Theorem 14. However, the findings of this study regarding “urban areas” may arise from the measure employed for “urban areas.” Unfortunately, Professors Earl and Soule do not designate the tables in the four editions of the Statistical Abstract of the United States that supplied the data for their measure. Earl & Soule, supra note 152, at 16. An initial point to note is that an “urbanized area” (the measure presumably used) was not defined in the same way across the four Statistical Abstract editions that Professors Earl and Soule cite; in particular, the minimum population of an “urbanized area” changed from 25,000 to 50,000. Compare U.S. Census Bureau, Statistical Abstract of the United States: 1970, at 2 (91st ed., 1970) with U.S. Census Bureau, Statistical Abstract of the United States: 1995, at 4 (115th ed., 1995). The extent of urbanism, the sociological force that potentially influenced the dependent variable in the Earl-Soule study, is unlikely to have been accurately captured by the study because urbanism probably does not develop in an area when the area has as few as 50,000 inhabitants, let alone 25,000 inhabitants. Indeed, urbanism probably requires a population that is substantially above 50,000.

    Urbanism and its relevance to law are briefly explained in the paragraph that accompanies notes 75 to 77 in Chap. 3 of the second volume.

  166. 166.

    In Chap. 3 of the second volume, see Sects. 3.2.1.1, 3.2.3 and Tables 3.1, 3.3.

  167. 167.

    The percentages of state populations that resided in “urban areas” were included as an independent variable in each of two studies of societal agents that might account for whether states adopted hate-crime legislation, that is, law that criminalizes prejudice-based violence and intimidation aimed at individuals who have a social or demographic attribute covered by the legislation. Earl & Soule, supra note 152, at 16, 32; Soule & Earl, supra note 152, at 291, 305. In both studies, the coefficients obtained for this variable were not statistically significant. As to the measurement of “urban areas,” see the second paragraph of supra note 165.

  168. 168.

    Dinan & Heckelman, supra note 34, at 641, 646 tbl. 4; Michael Lewis, Access to Saloons, Wet Voter Turnout, and Statewide Prohibition Referenda, 1907–1919, 32 Soc. Sci. Hist. 373, 382–83, 393 tbl. 5 (columns 3 & 4) (2008).

  169. 169.

    Braun & Kvasnicka, supra note 147, at 415–16, 418–19 & tbl. 2.

  170. 170.

    Geddes & Lueck, supra note 113, at 1085 & tbl. 2, 1087, 1088 tbl. 4.

  171. 171.

    Courtney Jung et al., Economic and Social Rights in National Constitutions, 62 Am. J. Comp. L. 1043, 1049 tbl. 1, 1054 tbl. 2, 1081, 1084, 1085 tbl. 7 (2014).

  172. 172.

    Vasi & Strang, supra note 115, at 1717–18, 1729, 1731, 1732–33 & tbl. 2, 1739–40 & tbl. 4.

  173. 173.

    Explaining Law, supra note 1.

  174. 174.

    When the preferred regression model for tslaw was reestimated employing the South as the reference region, the accuracy rate was marginally higher than the corresponding model, reported in Chap. 3 of Explaining Law, that used the Midwest (i.e., North Central) as the reference region. See supra note 86; Explaining Law, supra note 1, at 131 tbl. 3.3; and the text accompanying note 54 in Chap. 2 of the second volume (regarding the region labels “Midwest” and “North Central”). When the accuracy rate of the reestimated model for tslaw was used instead of the accuracy rate of the original model, the average accuracy rate of the set of studies was 79.0 percent.

  175. 175.

    To compute the mean number of independent variables, I counted the region dummies for culture in each study as a single independent variable and did not count any interaction variable.

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    Larry D. Barnett

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Barnett, L.D. (2019). From Framework to Theory. In: Societal Agents in Law. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-01827-6_2

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