
Contents
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Dyads, Triads, Normative Structure Dyads, Triads, Normative Structure
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Constructing Governance Constructing Governance
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Shift 1: Normative Structure to Dyadic Contract Shift 1: Normative Structure to Dyadic Contract
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Shift 2: Dyad to Triad Shift 2: Dyad to Triad
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Shift 3: The Crisis of Triadic Legitimacy Shift 3: The Crisis of Triadic Legitimacy
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Shift 4: Triadic Dispute Resolution and Rule‐Making Shift 4: Triadic Dispute Resolution and Rule‐Making
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Shift 1: (Re)constructing the Dyad Shift 1: (Re)constructing the Dyad
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Dyadic and Triadic Governance Dyadic and Triadic Governance
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The Law‐Maker and the Judge The Law‐Maker and the Judge
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TDR and Systemic Change TDR and Systemic Change
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(Re)constructing the Polity (Re)constructing the Polity
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The Judicialization of the International Trade Regime The Judicialization of the International Trade Regime
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Normative Structure and Dispute Resolution Normative Structure and Dispute Resolution
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Dyad to Triad Dyad to Triad
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Triadic Governance Triadic Governance
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The Judicialization of the Fifth Republic The Judicialization of the Fifth Republic
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Normative Structure and Dispute Resolution Normative Structure and Dispute Resolution
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Dyad to Triad Dyad to Triad
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Triadic Governance Triadic Governance
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Conclusion Conclusion
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Appendix Appendix
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Judicialization and the Construction of Governance
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Published:August 2002
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Abstract
This paper, which was originally published in the journal Comparative Political Studies in 1999, is the second of two that elaborate a relatively general approach to judicial politics, which emphasizes the underlying social logics not just of law and courts but also of politics and government. The triad – two contracting parties and a dispute resolver – constitutes a primal social institution, a microcosm of governance, so in uncovering the institutional dynamics of the triad an essential logic of government itself is also uncovered; the objectives of this paper are to defend the validity of these contentions and to demonstrate their centrality to the discipline. After introducing the key concepts of dyad, triad, and normative structure, a model is presented of a particular mode of governance, i.e. the social mechanism by which the rules in place in any given community are adapted to the experiences and exigencies of those who live under them. The theory integrates, as interdependent factors, the evolution of strategic (utility-maximizing) behaviour and normative (cultural or rule-based) structure, and captures dynamics of change observable at both the micro level (the behaviour of individual actors), and the macro level (the institutional environment, or social structure, in which this behaviour takes place); the mechanisms of change that are endogenous to the model are specified, and the conditions under which these mechanisms would be expected to operate, and fail to operate, are identified. The model is then used to explain two hard cases of systemic change: the international trade regime, established by the 1947 General Agreement on Tariffs and Trade (GATT); and the French Fifth Republic, founded in 1958; the conclusion draws out some of the implications of the analysis for understanding of the complex relationship between strategic behaviour and social structure.
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