Law as a Social System

Author: Niklas Luhmann,Klaus A. Ziegert,Fatima Kastner

Publisher: Oxford University Press on Demand

ISBN: 9780198262381

Category: Medical

Page: 498

View: 1470

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In this volume, Niklas Luhmann, the leading exponent of systems theory, explores its implications for our understanding of law. The volume provides a rigorous application to law of a theory that offers profound insights into the relationships between law and other aspects of contemporary society, including politics, the economy, the media, education, and religion.Readership: Academics and students of sociology, law, philosophy, and legal philosophy.
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Law in Modern Society

Author: Denis Galligan

Publisher: OUP Oxford

ISBN: 0191018864

Category: Law

Page: 400

View: 3810

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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.
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Realistic Socio-legal Theory

Pragmatism and a Social Theory of Law

Author: Brian Z. Tamanaha

Publisher: Oxford University Press

ISBN: 9780198265603

Category: Law

Page: 280

View: 7989

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Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area. Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear and concise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.
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Law's Community

Legal Theory in Sociological Perspective

Author: Roger Cotterrell

Publisher: Oxford University Press

ISBN: 9780198264903

Category: Law

Page: 381

View: 1222

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Law's Community offers a distinctive analysis of law, identifying political and moral problems that are fundamental to contemporary legal theory. It portrays contemporary law as institutionalized doctrine, emphasizing ways in which legal modes of thought influence wider currents ofunderstanding and belief in contemporary Western societies. Exploring relationships between law and sociology as contrasting and competing fields of knowledge, Law's Community develops ideas from social theory to identify key problems for legal development; in particular, those of restoring moralauthority to law and of elaborating a concept of community that can guide legal regulation. The analysis leads to radical conclusions: among them, that law's functions need reconsideration at the most general level, that a unitary state legal system as portrayed in traditional kinds of legal theorymay no longer be adequate in complex contemporary societies, and that law should be reconceptualized as a diverse but co-ordinated plurality of systems, sites, and forms of regulation.
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Exploiting the Limits of Law

Swedish Feminism and the Challenge to Pessimism

Author: Åsa Gunnarsson,Eva-Maria Svensson

Publisher: Routledge

ISBN: 1317137655

Category: Law

Page: 244

View: 6061

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Moving beyond the question of whether an area of scholarly investigation can truly be characterized as 'legal', Exploiting the Limits of Law combats the often unhelpful constraints of law's subject-matter and formal processes. Through a process of reflection on the limits of law and repeated efforts to redraw them, this book challenges the general sense of pessimism among feminists and others about the usefulness of law as an instrument of change. The work combines theoretical analysis of the law's boundaries with investigation of the practical settings for changing legal and policy environments. Both the empirical focus of this volume, and its underlying theoretical concern with the limits of the law and its gender implications, render it of interest to legal scholars throughout the world, whether of EU law, feminism, social policy or philosophy.
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Law as Last Resort

Prosecution Decision-making in a Regulatory Agency

Author: Keith Hawkins

Publisher: Oxford University Press on Demand

ISBN: 9780199243891

Category: Law

Page: 483

View: 5819

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This is a book about the life of the legal system. Its concern is legal decision-making, its focus the handling of prosecution cases in a regulatory agency. In almost all legal disputing formalities are employed as a last resort for a small proportion of cases. Case attrition is a constant feature in the legal system, whether criminal or civil, since extensive pre-trial negotiations search for solutions to problems that avoid the costs, risks, and delays of trial. This book analyzes the attrition of cases by studying decisions made about their creation, handling, disposal, and prosecution. Exploring these issues asks questions about the public face of law, the meaning of formal processes, and their impact on pre-trial legal manoeuvring. To prosecute is to enforce the law in both a public and a consequential way. In enforcing regulation prosecution visibly takes sides in the fundamental dilemma of regulatory control about how far law should justifiably intervene in business. Using extensive data collected over a fifteen-year period, and with privileged access to the UK Health and Safety Executive, the book presents a multi-level analysis of decisions about prosecution policy and individual cases in a variety of inspectorates.
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A General Jurisprudence of Law and Society

Author: Brian Z. Tamanaha

Publisher: Oxford University Press on Demand

ISBN: 9780199244669

Category: Law

Page: 263

View: 9487

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A theoretical and sociological exploration of the relationship between law and society, this book constructs an approach to law that integrates legal theory with sociological approaches to law. Law is generally understood to be a mirror of society--a reflection of its customs and morals--that functions to maintain social order. Focusing on this common understanding, the book conducts a survey of Western legal and social theories about law and its relationship within society, engaging in a theoretical and empirical critique of this common understanding.
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Exploring the 'Legal' in Socio-Legal Studies

Author: David Cowan,Daniel Wincott

Publisher: Springer

ISBN: 1137344377

Category: Law

Page: 274

View: 4182

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Socio-legal studies have had an ambivalent relationship with the 'legal' – one of its defining aspects, but at the same time one that the discipline has sought to transcend or even leave behind. While socio-legal studies benefit hugely from the insights, methods and theories of other social science and humanity disciplines, the contributions to Exploring the 'Legal' in Socio-Legal Studies illustrate the value of a focus on the 'legal'. The chapters in this book combine traditional legal materials and analyses with other ways of engaging empirically with the 'legal'. They illustrate the rich potential of the 'legal' as a site both for theoretical and methodological reflection and for case study analysis. Taken as a whole, this volume demonstrates that methodological discussion is most helpful when rooted in empirical cases, and that the best case studies also help us to develop our methodologies. Bringing methodology and empirical analysis together offers an opportunity to reflect on socio-legal studies and develop the discipline in productive new directions.
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Theory and Method in Socio-Legal Research

Author: Reza Banakar,Max Travers

Publisher: Bloomsbury Publishing

ISBN: 1847316913

Category: Law

Page: 392

View: 5324

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Socio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science. The papers in this volume illustrate how a range of topics, including EU law, ombudsmen, judges, lawyers, Shariah Councils and the quality assurance industry can be researched from a socio-legal perspective. The objective of the collection is to show how different methods can be used in researching law and legal phenomena, how methodological issues and debates in sociology are relevant to the study of law, and the importance of the debate between "structural" and "action" traditions in researching law. It also approaches the methodological problem of how sociology of law can address the content of legal practice from a variety of perspectives and discusses the relationship between pure and applied research. The editors provide a critical introduction to each of the six sections, and a general introduction on law, sociology and method. The collection will provide an invaluable resource for socio-legal researchers, law school researchers and postgraduates.
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Law, Justice, and Society

A Sociolegal Introduction

Author: Anthony Walsh,Craig Hemmens

Publisher: Oxford University Press (UK)

ISBN: 9780199958535

Category: Law

Page: 463

View: 3607

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This textbook blends law with sociology as it explores the relationship between legal systems and other social institutions. With detailed discussions of the various ways in which law impacts people based on race, class, gender, and age, the book's sociological approach introduces students to the concept of "justice" as it is applied in the United States. The book includes discussions of such topics as the origins of the law, the history and development of the American legal system, the sociology of law, court structure, and the difference between civil and criminal law. In this edition, additional material expands coverage of race and class. Contemporary issues such as gay marriage, environmental justice, and affirmative action receive sociolegal analysis. With its wide appeal, this book can be used in courses as diverse as Political Science, Sociology, Criminal Justice, and Legal Studies.
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