The Unsuspected Dynamics of the Regulative Pillar: The Case of Faute Inexcusable in France

Abstract

Institutional work translates actors’ capacity to bring about change in an institutionalised practice through its creation, continuation or destruction. This research examines political institutional work in order to understand actors’ activity in the regulative pillar of the institution. With its focus on the cognitive and normative institutional pillars, the existing literature has underestimated the regulative pillar’s contribution to institutional change, ignoring part of its role in institutional change. We propose to examine the status conferred on this regulative dimension through a qualitative study of an institutionalised practice, the legal concept of Faute Inexcusable in France from 1898 to 2012. We use secondary data including legal data, contextualised with other sources, and interviews with two key actors in the field. We show the existence of a genuine “regulative dynamic”; beneath its apparent stability, the regulative pillar is in fact the setting for institutional struggles that lead institutionalised practices to evolve. We highlight sequences of institutional work in which various forms of political institutional work interact. This research advances understanding of institutional dynamics in the regulative pillar, casting light on actors and mechanisms that have so far gone unreported. The article thus contributes to a rehabilitation of the regulative pillar’s role in neo-institutional theory.