Understanding Law and Society

Author: Max Travers

Publisher: Routledge

ISBN: 1135248443

Category: Law

Page: 240

View: 6841

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This textbook on the sociology of law is organised according to the theoretical traditions of sociology, and oriented towards providing an accessible, but sophisticated, introduction to, and overview of, the central themes, problems and debates in this field. The book employs an international range of examples - including the state, minority rights, terrorism, family violence, the legal profession, pornography, mediation, religious tolerance, and euthanasia - in order to distinguish a sociological approach to law from 'black-letter', jurisprudential and empirical policy-oriented traditions. Beginning with 'classical', 'consensus' and 'critical' sociological approaches, the book covers the full range of contemporary perspectives, including the new institutionalism, feminism, the interpretive tradition, postmodernism, legal pluralism and globalisation. It then concludes with a consideration of current theoretical issues, as well as a reflection upon the importance of a sociological approach to law. Understanding Law and Society provides a clear, but critical, discussion of the relevant literature, along with study questions and guides to further reading. It is designed to support courses in law and society and in the sociology of law, but will also be of value to others with interests in these areas.
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Understanding Law in Society

Developments in Socio-legal Studies

Author: Knut Papendorf,Kristian Andenæs

Publisher: LIT Verlag Münster

ISBN: 3643900724

Category: Law

Page: 283

View: 2282

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The sociology of law has made impressive progress over the last decades. The present volume brings together scholars from Austria, Britain, Germany and Scandinavia to discuss major developments. The book starts with analyses of the sociology of law advanced by the most outstanding theorists in the field, Max Weber and Niklas Luhmann. Their legacy is assessed by Hubert Treiber, Frank Welz and Inger-Johanne Sand. Next, Hakan Hyden emphases the gain sociology of law could have from a stronger focus on norms. Armin Holand and Ole Hammerslev ask about the effects courts have. Klaus F. Rohl provides an international overview on "alternatives of law", one of the main topics of socio-legal studies since the 1960s. The final article by Stefan Machura in this volume addresses the media's impact on the public's perception of the legal system.
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Law and Society

An Introduction

Author: Steven E. Barkan

Publisher: Routledge

ISBN: 1317346882

Category: Social Science

Page: 352

View: 4684

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Law and Society is written to be highly accessible to the average undergraduate student. This multidisciplinary text draws on the work of anthropologists, historians, law professors, political scientists, psychologists, and sociologists to clearly outline how law is an essential social institution that shapes society, while also being shaped by it.
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Understanding Law in a Changing Society

Author: Bruce E. Altschuler,Celia A. Sgroi,Margaret R. Ryniker

Publisher: Routledge

ISBN: 1317264487

Category: Social Science

Page: 560

View: 6024

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To most Americans, the law-especially noncriminal law-is a mystery that only someone with a law degree can solve. Understanding Law in a Changing Society renders the complexity of law at a level that everyone can understand. The book walks readers through the structure of the legal system, different divisions of civil law, and the core concepts and distinctions that underlie contemporary legal thought. It also provides insight into the way law and social change affect one another. With this revised and updated third edition, the authors have incorporated an updated preface and a new introduction; outlined a "How to Brief a Case" section; included new case studies, readings, and "You be the Judge" features for selected chapters; and for the first time added a glossary of legal terms and key websites to the book. Important developments in judicial selection, the state secrets doctrine, and family law (including same sex marriage, child custody, and unwed fathers' rights) are highlighted.
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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: 7290

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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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Comparative Law

Law, Reality and Society

Author: Alan Watson

Publisher: Vandeplas Pub

ISBN: 9781600421068

Category: Law

Page: 322

View: 2844

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The third edition of Comparative Law: Law, Reality and Society does not deal with conventional comparative law. Rules and structures of one system are not set out against those of another for contrast. Rather, rules particular or general, are examined to explain why they are as they are, and how they came to be. The author does not accept that to a great extent law reflects society or the power of the ruling elite. Chapter one serves as both introduction and conclusions. The conclusions are: 1) Governments and rulers are not much interested in developing law, especially not private law, but leave this to others to whom they do not grant power to make law; 2) Even famous lawmakers are seldom interested in a particular social issue in law or in giving law certainty; 3) Borrowing, even mindless, is the name of the legal game. Chapters range from grand legislation (the Ten Commandments and Napoleon's code civil) to unrecognized law in action and daily life (Jesus and the Samaritan woman, Jesus and the adulteress, the claim that Julius Caesar descended from a slave). Other chapters deal with judges' passivity in giving needlessly a judgment they claimed was unjust, to deciding against the judge's own theoretical and practical position (Somerset's Case). Likewise stressed is the difficulty of developing law fit for the society, and of understanding foreign legal thinking. The survival of law in different circumstances for centuries and also in a different place is emphasized. The chapters are separate entities, and the author claims that each must stand on its own merits, but he insists that if each is plausible, then together they present a very different approach to law in society from those habitually offered. About the author: Alan Watson, Professor of Law at the University of Georgia School of Law, is regarded as one of the world's foremost authorities on Roman law, comparative law, legal history, and law and religion.
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Law in Modern Society

Author: Denis Galligan

Publisher: OUP Oxford

ISBN: 0191018864

Category: Law

Page: 400

View: 582

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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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