The macrosociological framework for law Barnett proposes is important because it is concerned with activities that are fundamental aspects of social organization, and even though it conflicts with established beliefs about law, the framework cannot be simply dismissed since it is grounded on a substantial body of quantitative research. The innovative approach to law in the book thus offers scholars and students a fresh perspective on the role of law in modern societies.

Because social values on whether morality is private or public comprised the dependent variable, the factors that mold these values have the potential to prevent or permit law designed to regulate socially significant activities. Logistic regression was used to estimate the relationship to the dependent variable of two sets of factors that may influence whether morality is designated private or public. One set was factors that structure (e.g., stratify) a society and that have important societal correlates and consequences. The other set was comprised of modes of thought and conduct that are cultural dimensions of a society. Notable relationships to the dependent variable were found for the structural factors of gender and, among women, educational attainment. In terms of gender, the odds that morality would be considered a private matter were approximately three-and-a-half times higher among women than among men. In terms of education, the odds that morality would be considered private were approximately three-fourths lower among women with 13 or more years of schooling than among women with 12 or fewer years of schooling. The article suggests that, because the odds of placing morality in the private sphere are appreciably greater among women, gains in the status of women may help to explain U.S. Supreme Court decisions that construed the federal Constitution to restrict government regulation of sexual activity and its incidents.