This article examines the concept of the corporate “social license,” which governs the extent to which a corporation is constrained to meet societal expectations and avoid activities that societies (or influential elements within them) deem unacceptable, whether or not those expectations are embodied in law. It examines the social license empirically, as it relates to one social problem–environmental protection–and as it relates to one particular industry: pulp and paper manufacturing. It shows try the social license is important, the circumstances in which it may encourage companies to go “beyond compliance” with regulation, how its terms are monitored and enforced, and how it interacts with what we term the regulatory and economic licenses. Overall, this research demonstrates that corporate environmental behavior cannot be explained purely in terms of instrumental threats and moral obligations to comply with the law, and that the increasing incidence of “beyond compliance” corporate behavior can be better explained in terms of the interplay between social pressures and economic constraints.

Because of the expansion of the postwar welfare state and its rhetoric of inclusion, the British National Assistance Board (NAB), which provided means-tested relief, faced a dramatic increase in the number of lone women with children claiming assistance in the 1950s and 1960s. In trying to restrict the state's role in social provision, the NAB relied on and tried to extend familial obligations for women's support that had been institutionalized in family law and in the poor law. The largely unsuccessful efforts of the NAB to prevent such women from turning to the welfare state included various forms of persuasion, coercion, and intimidation. Scholars of social policy in the postwar period have called attention to later efforts to discourage applications by lone women between the late 1960s and the 1990s. But the defensive posture against such women was adopted much earlier, in a relatively unexamined portion of the NAB's history. In its early, formative years, the NAB devised new strategies based on the rationales of female dependence that had long been entrenched in family law and the poor law. These methods and rationales became fixed in the postwar bureaucratic repertoire and were later available to bolster gendered attacks on the welfare state itself, particularly those made so aggressively under Thatcherism.

Religion and historical contingencies help explain cross-national and historic variation of criminal law and punishment. Case studies from German history suggest: First, the Calvinist affiliation of early Prussian monarchs advanced the centralization of power, rationalization of government bureaucracy, and elements of the welfare state, factors that are likely to affect punishment. Second, the dominant position of Lutheranism in the German population advanced the institutionalization of a separation of forgiveness in the private sphere versus punishment of “outer behavior” by the state. Third, these principles became secularized in philosophy, jurisprudence, and nineteenth-century criminal codes. Fourth, partly due to historical contingencies, these codes remained in effect into post–World War II Germany. Fifth, the experience of the Nazi regime motivated major changes in criminal law, legal thought, public opinion, and religious ideas about punishment in the Federal Republic of Germany. Religion thus directly and indirectly affects criminal law and punishment, in interaction with historical contingencies, institutional conditions of the state, and other structural factors.

In United States v. Fordice (1992), the Supreme Court recognized the effects of past racial discrimination against historically black institutions (HBIs) in Mississippi. One goal of the 500 million settlement is for HBIs to enroll “other-race” students. Although the impetus to attract white students falls on HBIs, the response of Mississippi's white community is pivotal. In a series of focus groups with white students, we inquired into the factors that might motivate them to attend an HBI. The data demonstrate that most white students strongly resist the notion of attending a predominately black institution. They articulate such reasons as perceived poor academic quality, social discomfort, anticipated discrimination, and parental disapproval. Further, they cannot imagine how HBIs might recruit white students and generally doubt that improved programs and facilities would achieve this goal. The current framework surrounding Fordice does not consider sufficiently the importance of these racial attitudes. We thus conclude with a discussion of the likely difficulties in implementing the Court's decision.

This year marks the fortieth anniversary of the publication of Murray Edelman's The Symbolic Uses of Politics (1964) and provides the occasion for us to reflect on his contributions and the influence of his work in law and society scholarship. Measuring its impact is no easy or straightforward task, in part because reading a book that was written that long ago is an exercise in translation. Over the course of four decades, terms of art are invented, intellectual styles change, and paradigms shift.