Law, Culture and Society

Legal Ideas in the Mirror of Social Theory

Author: Roger Cotterrell

Publisher: Routledge

ISBN: 1351217968

Category: Law

Page: 208

View: 1695

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This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources. The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.
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Inside Immigration Law

Migration Management and Policy Application in Germany

Author: Dr Tobias G Eule

Publisher: Ashgate Publishing, Ltd.

ISBN: 140947013X

Category: Law

Page: 164

View: 5678

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Inside Immigration Law analyses the practice of implementing immigration law, examining the different political and organisational forces that influence the process. Based on unparalleled academic access to the German migration management system, this book provides new insights into the ‘black box’ of regulating immigration, revealing how the application of immigration law to individual cases can be chaotic, improvised and sometimes arbitrary, and either informed or distorted by the complex, politically laden and changeable nature of both German and EU immigration laws.
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Comparative Law in a Global Context

The Legal Systems of Asia and Africa

Author: Werner F. Menski

Publisher: Cambridge University Press

ISBN: 1139452711

Category: Law

Page: N.A

View: 6644

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Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.
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Law and Society

Author: Steven Vago

Publisher: Pearson College Division

ISBN: N.A

Category: Social Science

Page: 494

View: 957

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Law and Society 9th edition provides an informative, balanced and comprehensive analysis of the interplay between law and society. This text presents an overview of the most advanced interdisciplinary and international research, theoretical advances, ongoing debates and controversies. It raises new levels of awareness on the structure and functions of law and legal systems and the principal players in the legal arena and their impact on our lives.
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Human Rights and the Limits of Critical Reason

Author: Rolando Gaete

Publisher: Dartmouth Publishing Company

ISBN: N.A

Category: Philosophy

Page: 208

View: 9689

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"The rationalization of power has been an enduring feature of Modernity, assigning to human rights the task of subjecting the excesses of power to the scrutiny of critical reason." "Gaete examines this task in the wake of the crisis of modernity, when the belief that man can draw principles out of his own ground has lost its authority and when the very possibility of an enlightened, disinterested Reason is being questioned. The aim of the book is not to offer another critique of rights but to investigate how both rights and critiques are transformed by the rhetoric of power." "The author traces the discourse of judicial criticism as a series of rhetorical operations, bringing to light the paradoxes, antinomies and 'truth games' that permeate the field of human rights. He interrogates the discourse of modern humanism and investigates how its claims to being the law of the law and the metaphysics of the modern State shape the bond between State and citizen." "Gaete carries his argument across the fields of post-Nietzschean philosophy, anglo-american jurisprudence, political science, cultural and legal studies opening new ground for analyses of the rhetoric of rights."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
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