Employment Discrimination Law and Industrial Psychology: Social Science as Social Authority and the Co-Production of Law and Science

Robin Stryker, Danielle Docka-Filipek, Pamela Wald

Research output: Contribution to journalArticle

18 Scopus citations

Abstract

This article combines Monahan and Walker's classification of social facts, social authority, and social frameworks with political-institutionalism's view of law and science as competing institutional logics to explain how, and with what consequences, employment discrimination law and industrial-organizational (I-O) psychology became co-produced. When social science is incorporated into enforcement of legislative law as social authority-rationale for judicial rule making-law's institutional logic of relying on precedent and reasoning by analogy ensures that social science will have ongoing influence on law's development. By helping set research agendas and providing new professional opportunities, institutionalized legal doctrine shapes social science knowledge. But because of differences in institutional logic, wherein legal cumulation is backward looking whereas scientific cumulation is forward looking, co-production of law and science may produce institutional mismatch between legal doctrine and scientific knowledge.

Original languageEnglish (US)
Pages (from-to)777-814
Number of pages38
JournalLaw and Social Inquiry
Volume37
Issue number4
DOIs
StatePublished - Sep 1 2012

ASJC Scopus subject areas

  • Social Sciences(all)
  • Law

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