Why Civil Society Matters to Lawyers
Lawyers spend most of their training learning about the state and the market. But much of human life takes place in a third sector that legal education largely ignores.
The Third Sector
Civil society—the web of associations, congregations, clubs, nonprofits, and informal groups that lie between the family and the state—shapes far more of daily life than either government regulation or market transactions. Yet the standard law school curriculum treats it as a footnote.
Why It Matters
Understanding civil society is essential for several areas of law:
- Nonprofit law and tax-exempt organizations
- First Amendment doctrine on association and free exercise
- Corporate governance, where the distinction between shareholder primacy and stakeholder theory maps onto deeper questions about the purpose of institutions
- Administrative law, where regulated entities often include civil society organizations
A Proposal
Law schools should integrate civil society perspectives into core courses, not just electives on nonprofit law or religious freedom. The student who understands only state action and market failure is missing half the picture.