Theorizing continuity and change in socialist regulation

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Abstract

How does regulation change in authoritarian polities that tightly control public discourse and social mobilization? Socio-legal theories assume that regulation changes through intersubjective dialogical exchanges that persuade regulators to alter how they perceive social problems and the appropriate regulatory responses. Although this framework captures regulatory change in transparent dialogical spaces, it misses much of the regulatory story in the opaque discursive processes that order authoritarian polities. This article turns to sociological institutional theory—a non-dialogical theory to understand regulatory change in Vietnam's authoritarian polity. It investigates how commercial regulation in Vietnam has responded to an emerging mixed-market economy, at the same time the state has suppressed public dialogical challenges to socialist ideology. It concludes that regulatory change occurs when regulators respond to economic and social crises and layer new ideational components onto old programmatic ideas, converting them to new uses.

Original languageEnglish
Pages (from-to)211-233
Number of pages23
JournalLaw and Policy
Volume45
Issue number2
DOIs
Publication statusPublished - Apr 2023

Keywords

  • regulatory theory
  • legal change
  • Socialism
  • comparative law
  • Socio-Legal Studies

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