In this paper I first aim to identify, from a perspective mindful of both analytic and Continental traditions, the central normative issues at stake in the various debates concerning commodification in law. Although there now exists a wealth of thoughtful literature in this area, I often find myself disoriented within the webs of moral criteria used to analyze the increasingly ubiquitous practice of converting legal goods into monetary values. I therefore attempt to distinguish and organize these often conflated conceptual distinctions (...) across several registers of moral analysis. Second, I formulate what I consider the most illuminating questions regarding the criteria used to evaluate commodification in law. Critiques of commodification in law face what I call problems of ideology, intractability, and hyperbole, and identifying these issues helps to explain the momentum of the law and economics movement. (shrink)

Little attention has been paid to the role of strangers in the social division of labor that is otherwise a key concept in sociological theory. Partly drawing upon Simmel, this article develops a general framework for analyzing the "uses" of "the stranger" throughout history. Four major domains in which strangers have often been employed are identified: (1) circulation (of goods, money, and information); (2) arbitration; (3) management of secret/sacred domains; and (4) "dirty jobs." The article also explores how these activities (...) relate to the characteristics of stranger-relations. It is suggested that such an inquiry, in addition to helping us to understand how the presence of strangers in a society affects the processes of social differentiation, might equip us with a conceptual framework often lacking from purely political and ethical considerations of stranger-relations. (shrink)