Law in Modern Society
Law in Modern Society

Author: Roberto Mangabeira Unger

Publisher: Simon and Schuster

Published: 1977-07

Total Pages: 324

ISBN-13: 0029328802

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"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.

Law and Society in Modern India
Law and Society in Modern India

Author: Marc Galanter

Publisher: Oxford University Press, USA

Published: 1992

Total Pages: 329

ISBN-13: 9780195632057

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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.

Law in Modern Society
Law in Modern Society

Author: Denis Galligan

Publisher: OUP Oxford

Published: 2006-09-14

Total Pages: 400

ISBN-13: 0191018864

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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.

Law, Politics and Society in Early Modern England
Law, Politics and Society in Early Modern England

Author: Christopher W. Brooks

Publisher: Cambridge University Press

Published: 2009-01-08

Total Pages: 469

ISBN-13: 1139475290

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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.

Rights in Context
Rights in Context

Author: Reza Banakar

Publisher: Ashgate Publishing, Ltd.

Published: 2010

Total Pages: 376

ISBN-13: 9781409407393

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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

Classic Writings in Law and Society
Classic Writings in Law and Society

Author: A. Javier Trevino

Publisher: Transaction Publishers

Published: 2011-12-31

Total Pages: 389

ISBN-13: 1412844606

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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.

Encyclopedia of Law & Society: F-O
Encyclopedia of Law & Society: F-O

Author: David Scott Clark

Publisher:

Published: 2007

Total Pages: 568

ISBN-13:

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Provides more than seven hundred alphabetical entries covering the interaction of law and society around the globe, including the sociology of law, law and economics, law and political science, psychology and law, and criminology.

Law in Society: Reflections on Children, Family, Culture and Philosophy
Law in Society: Reflections on Children, Family, Culture and Philosophy

Author: Alison Diduck

Publisher: BRILL

Published: 2015-08-24

Total Pages: 685

ISBN-13: 9004261494

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This collection, written by legal scholars from around the world, offers insights into a variety of topics from children’s rights to criminal law, jurisprudence, medical ethics and more. Its breadth reflects the fact that these are all elements of what can broadly be called ‘law and society’, that enterprise that is interested in law’s place or influence in diffferent aspects of real lives and understands law to be simultaneously symbol, philosophy and action. It is also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived. The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children’s rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity. The volume begins with work on law in its philosophical, cultural or symbolic realm (Part I: Law and Stories: Culture, Religion and Philosophy), including its commitment to the normative ideal of ‘rights’ (Part II: Law and Rights), and then offfers work on law as coercive state action (Part III: Law and the Coercive State) and as regulator of personal relationships (Part IV: Law and Personal Living). It continues with reflections on the importance of globalisation, both of law and of ‘doing family’ in personal and public life (Part V: Law and International Living) before closing with two reflections on Michael Freeman’s body of work generally, including one from Michael himself (Part VI: Law and Michael Freeman).

A General Jurisprudence of Law and Society
A General Jurisprudence of Law and Society

Author: Brian Z. Tamanaha

Publisher: Oxford Socio-Legal Studies

Published: 2001

Total Pages: 298

ISBN-13: 9780199244669

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Law is generally understood to be a mirror of society that functions to maintain social order. Focusing on this general understanding, this text conducts a survey of Western legal and social theories about law and its relationship within society.

Invitation to Law & Society
Invitation to Law & Society

Author: Kitty Calavita

Publisher: University of Chicago Press

Published: 2016-04-11

Total Pages: 245

ISBN-13: 022629661X

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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