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Author: Roberto Mangabeira Unger Publisher: Simon and Schuster ISBN: 0029328802 Category : Law Languages : en Pages : 324
Book Description
"Law in Modern Society" is a comparative study of the place of law in societies as well as a criticism of social theory. Under what conditions do different kinds of law emerge? What are the bases of the rule of law ideal that marks advanced liberal, capitalist societies? What can the study of law teach us about social hierarchy and moral vision in these societies, and, indeed, about the specificity of Western civilization? Why do we find it necessary to struggle for the rule of law and impossible to achieve it? What political possibilities are closed or opened by present-day changes in the established styles of legality and legal thought? Unger deals with these questions in a broad range of historical settings. But he also relates them to the central issues of social theory: the method of explanation, the conditions of social order, and the nature of 'modern' society. the book argues that to resolve its own internal dilemmas the science of society must once again become both metaphysical and political.
Author: Roberto Mangabeira Unger Publisher: Simon and Schuster ISBN: 0029328802 Category : Law Languages : en Pages : 324
Book Description
"Law in Modern Society" is a comparative study of the place of law in societies as well as a criticism of social theory. Under what conditions do different kinds of law emerge? What are the bases of the rule of law ideal that marks advanced liberal, capitalist societies? What can the study of law teach us about social hierarchy and moral vision in these societies, and, indeed, about the specificity of Western civilization? Why do we find it necessary to struggle for the rule of law and impossible to achieve it? What political possibilities are closed or opened by present-day changes in the established styles of legality and legal thought? Unger deals with these questions in a broad range of historical settings. But he also relates them to the central issues of social theory: the method of explanation, the conditions of social order, and the nature of 'modern' society. the book argues that to resolve its own internal dilemmas the science of society must once again become both metaphysical and political.
Author: P. S. Atiyah Publisher: OPUS ISBN: 9780192892676 Category : Law Languages : en Pages : 229
Book Description
How and why is so much new law made? By what right does a judge order that someone be sent to jail? Why is so much of the law so contentious, and why should we, the people, accept the laws made by those who claim the right to govern us? In this lucid, stimulating, and completely updated survey, P. S. Atiyah introduces the reader to a number of fundamental issues about English law, the legal profession, and the adjudicative process. This new edition gives greater emphasis to the effect of membership of the European Community on English law, and gives an expanded account of the European Convention on Human Rights with its subsequent effects on our laws. Atiyah also looks at the recent controversy over the independence of the judiciary, problems arising from the cost of legal services and legal aid, and the many worrying miscarriages of justice which have tainted the legal system in the past decade.
Author: Denis Galligan Publisher: OUP Oxford ISBN: 0191018864 Category : Law Languages : en Pages : 400
Book Description
Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influences people's behaviour. The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. Durkheim, and N. Luhmann. Galligan's approach is guided by two main ideas: that the law is a social formation with its own character and features, and that at the same time it interacts with, and is affected by, other aspects of society. In analysing these two ideas, Galligan develops a general framework for law and society within which he considers various aspects including: the nature of social rules and the concept of law as a system of rules; whether law has particular social functions and how legal orders run in parallel; the place of coercion; the characteristic form of modern law and the social conditions that support it; implementation and compliance; and what happens when laws are used to change society. Law in Modern Society encourages legal scholars to consider the law as an expression of social relations, examining the connections and tensions between the positive law of modern society and the spontaneous relations they often try to direct or change.
Author: Christopher W. Brooks Publisher: Cambridge University Press ISBN: 1139475290 Category : History Languages : en Pages : 469
Book Description
Law, like religion, provided one of the principal discourses through which early-modern English people conceptualised the world in which they lived. Transcending traditional boundaries between social, legal and political history, this innovative and authoritative study examines the development of legal thought and practice from the later middle ages through to the outbreak of the English civil war, and explores the ways in which law mediated and constituted social and economic relationships within the household, the community, and the state at all levels. By arguing that English common law was essentially the creation of the wider community, it challenges many current assumptions and opens new perspectives about how early-modern society should be understood. Its magisterial scope and lucid exposition will make it essential reading for those interested in subjects ranging from high politics and constitutional theory to the history of the family, as well as the history of law.
Author: Reza Banakar Publisher: Ashgate Publishing, Ltd. ISBN: 9781409407393 Category : Law Languages : en Pages : 376
Book Description
This collection offers a snapshot of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twenty-first century. They explore how rights are used to challenge the state of affairs by indiv
Author: Marc Galanter Publisher: Oxford University Press, USA ISBN: 9780195632057 Category : Law Languages : en Pages : 329
Book Description
Though "modern Indian law" is actually of Western origin, Galanter here contends that independent India has accepted this mid-twentieth century legal system intellectually and institutionally. His thirteen articles, covering a wide range of issues in Indian society, explore the operation of modern Indian law and explicate the ways in which a complex body of formal law accommodates and adjusts itself to local conditions to which it is alien.
Author: David M. Rabban Publisher: Cambridge University Press ISBN: 0521761913 Category : History Languages : en Pages : 585
Book Description
This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.
Author: A. Javier Trevino Publisher: Transaction Publishers ISBN: 1412844606 Category : Social Science Languages : en Pages : 389
Book Description
This volume consists of outstanding essays by contemporary scholars and specialists on classic writings in law and society. This second edition expands the previous volume by adding additional statements. Included are commentaries on Edward A. Ross’s Social Control: A Survey of the Foundations of Order, Karl N. Llewellyn’s Jurisprudence: Realism in Theory and Practice, Jerome Frank’s Law and the Modern Mind, Leon Petrazycki’s Law and Morality, and Karl Renner’s The Institutions of Private Law and their Social Functions. The goal of Classic Writings in Law and Society is to acquaint a new generation of students with classic writings by diverse social and legal scholars—ranging from Henry Sumner Maine, Oliver Wendell Holmes, Jr., and Hans Kelsen to Eugen Ehrlich, Nicholas S. Timasheff, and Richard Quinney. This work continues to demonstrate their contemporary theoretical relevance. Accordingly, each chapter speaks of the scholars’ work in general, how the particular book under consideration fits into that corpus, and how the book is assessed in a present day context. These essays have a clear relation to the "classic" tradition in sociolegal thought. Reading the classics is useful in gaining a better understanding and appreciation of the essential foundation for a post-classic approach in law and social inquiry—an approach that can be found in such orientations as critical legal studies, chaos theory in law, and legal semiotics. Classic Writings in Law and Society includes commentaries that consider early writings that set the standard for the social scientific approach in examining issues of law and punishment, social control, joint stock companies, business firms and nation-states in the study of law and society.
Author: Kitty Calavita Publisher: University of Chicago Press ISBN: 022629661X Category : Social Science Languages : en Pages : 245
Book Description
Research and real-life examples that “lucidly connect some of the divisive social issues confronting us today to that thing we call ‘the law’” (Law and Politics Book Review). Law and society is a rapidly growing field that turns the conventional view of law as mythical abstraction on its head. Kitty Calavita brilliantly brings to life the ways in which law is found not only in statutes and courtrooms but in our institutions and interactions, while inviting readers into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to both law as it is written and actual legal practices, as well as the law’s potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. With this second edition of Invitation to Law and Society, Calavita brings up to date what is arguably the leading introduction to this exciting, evolving field of inquiry and adds a new chapter on the growing law and cultural studies movement. “Entertaining and conversational.” —Law and Social Inquiry
Author: Holger Zaborowski Publisher: CUA Press ISBN: 0813217865 Category : Law Languages : en Pages : 369
Book Description
The essays of this volume examine natural moral law, different natural law theories, and the role that natural law can and should play in our contemporary society
Author: Roberto Mangabeira Unger
Author: Roberto Mangabeira Unger
Author: P. S. Atiyah
Author: Denis Galligan
Author: Christopher W. Brooks
Author: Reza Banakar
Author: Marc Galanter
Author: David M. Rabban
Author: A. Javier Trevino
Author: Kitty Calavita
Author: Holger Zaborowski