Law and Social Change

Abstract This chapter explores the relationship between law and social change. Law can affect behavior, and promote social change, in a number of ways, including the use of sanctions or, more subtly, by channeling behavior through default rules and other “nudges.” The law may also hold back social change by locking older patterns of race, sex, and class into place. A large part of this chapter is devoted to the role of the law in race relations, from slavery to affirmative action. The final part of the chapter looks at a number of recent examples of law and social change, including cohabitation, surrogacy, and same-sex marriage.