Sociology of Law

Visions of a Scholarly Tradition

Author: Mathieu Deflem

Publisher: Cambridge University Press

ISBN: 1139469789

Category: Social Science

Page: N.A

View: 5952

DOWNLOAD NOW »

Since the classic contributions of Weber and Durkheim, the sociology of law has raised key questions on the place of law in society. Drawing together both theoretical and empirical themes, in this book Mathieu Deflem reviews the field's major accomplishments and reveals the value of the multiple ways in which sociologists study the social structures and processes of law. He discusses both historical and contemporary issues, from early theoretical foundations and the work of Weber and Durkheim, through the contribution of sociological jurisprudence, to the development of modern perspectives to clarify how sociologists study law. Chapters also look at the role of law in relation to the economy, politics, culture, and the legal profession; and aspects of law enforcement and the globalization of law. This book will appeal to scholars and students of the sociology of law, jurisprudence, social and political theory, and social and political philosophy.
Release

The Foundations of International Investment Law

Bringing Theory into Practice

Author: Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales

Publisher: OUP Oxford

ISBN: 0191508586

Category: Law

Page: 586

View: 6285

DOWNLOAD NOW »

International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.
Release

Classic Writings in Law and Society

Second Edition, Revised and Expanded

Author: A. Javier Trevino

Publisher: Transaction Publishers

ISBN: 1412844606

Category: Social Science

Page: 388

View: 5373

DOWNLOAD NOW »

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.
Release

On Folkways and Mores

William Graham Sumner Then and Now

Author: Philip D. Manning

Publisher: Transaction Publishers

ISBN: 1412853184

Category: Social Science

Page: 245

View: 1382

DOWNLOAD NOW »

William Graham Sumner is remembered primarily as an opponent of government intervention in social and economic issues. Focusing on Folkways (1906), this book examines Sumner’s fundamental work as a comparative ethnographer with an appreciation for the rules and rituals that regulate everyday behavior. In Folkways, Sumner developed classifications and an array of sociological concepts that continue to influence the discipline today. This new book presents key excerpts from Folkways as well as three of Sumner’s other classic essays. It also includes five original essays by contemporary authorities that explain and explore Sumner’s importance and influence. By linking Sumner’s work to contemporary research about social control, the sociology of law, and sociological theory, these new essays confirm his status as a foundational thinker in the field. Sumner offers an elegant conceptual schema with which to analyze the moral codes of in- and out-groups. His extensive use of comparative anthropological data demonstrates a qualitative methodology that can easily be applied to the analysis of contemporary American society. This volume includes contributions by Jonathan B. Imber, Howard G. Schneiderman, and A. Javier Treviño.
Release

New Law and Ethics in Mental Health Advance Directives

The Convention on the Rights of Persons with Disabilities and the Right to Choose

Author: Penelope Weller

Publisher: Routledge

ISBN: 0415532949

Category: Law

Page: 184

View: 8662

DOWNLOAD NOW »

The recognition of positive rights and the growing impact of human rights principles has recently orchestrated a number of reforms in mental health law, bringing increasing entitlement to an array of health services. In this book, Penelope Weller considers the relationship between human rights and mental health law, and the changing attitudes which have led to the recognition of a right to demand treatment internationally. Weller discusses the ability of those with mental health problems to use advance directives to make a choice about what treatment they receive in the future, should they still be unable to decide for themselves. Focusing on new perspectives offered by the Conventions on the Rights of Persons with Disabilities (CRPD), Weller explores mental health law from a variety of international perspectives including: Canada, Australia, New Zealand and the United Kingdom, where policies differ depending on whether you are in England and Wales, or Scotland. These case studies indicate how human rights perspectives are shifting mental health law from a constricted focus upon treatment refusal, towards a recognition of positive rights. The book covers topics including: refusing treatment new approaches in human rights international perspectives in mental health law the right to demand treatment. The text will appeal to legal and mental health professionals as well as academics studying mental health law, and policy makers.
Release

An Introduction to the Sociology of Law

Author: Dragan Milovanovic

Publisher: N.A

ISBN: 9781881798408

Category: Law

Page: 315

View: 3167

DOWNLOAD NOW »

This completely revised edition updates and expands coverage of the new postmodernist and semiotic theories, while providing clear and concise summaries of other contemporary and classic theorists.
Release

Law/Society

Origins, Interactions, and Change

Author: John Sutton

Publisher: Pine Forge Press

ISBN: 9780761987055

Category: Family & Relationships

Page: 301

View: 5562

DOWNLOAD NOW »

Foundations of the Sociology of Law provides a conceptual framework for thinking about the full range of topics within the sociology of law discipline. The book: contrasts normative and sociological perspectives on law; presents a primer on the logic of research and inference as applied to law related issues; examines theories of legal change; and discusses law in action with specific reference to civil rights legislation.
Release

Social Structure and Law

Theoretical and Empirical Perspectives

Author: William M. Evan

Publisher: SAGE Publications, Incorporated

ISBN: 9780803928824

Category: Social Science

Page: 272

View: 4403

DOWNLOAD NOW »

There is still a good deal of confusion surrounding the sociology of law with regard to the subject and boundaries of the field. Social Structure and Law clarifies some of the central issues. Using his own social structure model, Evan explains the interactions between legal and non-legal institutions and provides some useful theoretical guidelines for ongoing research. Readers will profit from studying this volume which sets forth a rationale for theoretical and empirical contributions to the sociology of law.
Release