Shauhin A. Talesh, Insurance and the Law, in International Encyclopedia of the Social & Behavioral Sciences, 2nd ed., 215 (James D. Wright, ed., 2015).
Insurance and the law are interconnected. Legislation, court decisions, and regulations impact and influence the meaning of private and social insurance arrangements in society. While the law shapes and influences what insurance means in society, insurance also exerts a regulatory force over its subjects and acts as a form of governance beyond the state. Drawing from sociolegal scholars who study the gap between the law on the books and the law in action, this article explains the basic forms and functions of insurance in society and explores insurance’s intertwined relationship with the law.