Society And Legal Change 2Nd Ed
Society And Legal Change 2Nd Ed

Author: Alan Watson

Publisher: Temple University Press

Published: 2001-08-15

Total Pages: 169

ISBN-13: 1566399203

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In this first U.S. edition of a classic work of comparative legal scholarship, Alan Watson argues that law fails to keep step with social change, even when that change is massive. To illustrate the ways in which law is dysfunctional, he draws on the two most innovative western systems, of Rome and England, to show that harmful rules continue for centuries. To make his case, he uses examples where, in the main, "the law benefits no recognizable group or class within the society (except possibly lawyers who benefit from confusion) and is generally inconvenient or positively harmful to society as a whole or to large or powerful groups within the society." Widely respected for his "fearless challenge of the accepted or dominant view and his own encyclopedic knowledge of Roman law" (The Encyclopedia of Historians and Historical Writing), Watson considers the development of law in global terms and across the centuries. His arguments centering on how societies borrow from other legal systems and the continuity of legal systems are particularly instructive for those interested in legal development and the development of a common law for the European Union. postamble();

The Philosophy of Law
The Philosophy of Law

Author: Christopher Berry Grey

Publisher: Routledge

Published: 2013-07-04

Total Pages: 485

ISBN-13: 1135582769

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From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods

The Philosophy of Law
The Philosophy of Law

Author: Christopher Berry Gray

Publisher: Taylor & Francis

Published: 1999

Total Pages: 485

ISBN-13: 0815313446

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From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of:The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and to.

The General Theory of Law and Marxism
The General Theory of Law and Marxism

Author: Evgeny Pashukanis

Publisher: Routledge

Published: 2017-09-04

Total Pages: 272

ISBN-13: 1351482343

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E. B. Pashukanis was the most significant contemporary to develop a fresh, new Marxist perspective in post-revolutionary Russia. In 1924 he wrote what is probably his most influential work, The General Theory of Law and Marxism. In the second edition, 1926, he stated that this work was not to be seen as a final product but more for ""self-clarification"" in hopes of adding ""stimulus and material for further discussion."" A third edition was printed in 1927.Pashukanis's ""commodity-exchange"" theory of law spearheaded a perspective that traced the form of law, not to class interests, but to capital logic itself. Until his death, he continued to argue for the ideal of the withering away of the state, law, and the juridic subject. He eventually arrived at a position contrary to Stalin's who, at that time, was attempting to consolidate and strengthen the state apparatus under the name of the dictatorship of the proletariat. Inevitably, Pashukanis was branded an enemy of the revolution in January 1937. His works were subsequently removed from soviet libraries. In 1954, Pashukanis was ""rehabilitated"" by the Soviets and restored to an acceptable position in the historical development of marxist law.In Europe and North America, a number of legal theorists only rediscovered Pashukanis's work in the late 1970s. They subjected it to careful critical analysis, and realized that he offered an alternative to the traditional Marxist interpretations, which saw law simply and purely as tied to class interests of domination. By the mid-1980s the instrumental Marxist perspective in vogue in Marxist sociology, criminology, politics, and economics gave way, to a significant extent due to Pashukanis's insights, to a more structural Marxist accounting of the relationship of law to economics and other social spheres.In his new introduction, Dragan Milovanovic discusses the life of Pashukanis, Marx and the commodity-exchange theory of law, and the historical lessons of Pashukanis's work. This bo

Law, Ideology and Punishment
Law, Ideology and Punishment

Author: A.W. Norrie

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 239

ISBN-13: 9400906994

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This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, responsibility and justice within the substantive criminal law . On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'. The work has its roots in the emergence in the 1970s and early 1980s in the United States and Britain of the 'justice model' of penal reform, a development that was as interesting in terms of the sociology of philosophical knowledge as it was in its own right. Only a few years earlier, I had been taught in undergraduate criminology (which appeared at the time to be the only discipline to have anything interesting to say about crime and punishment) that 'classical criminology' (that is, Beccaria and the other Enlightenment reformers, who had been colonised as a 'school' within criminology) had died a major death in the 19th century, from which there was no hope of resuscitation.

Crime And Capitalism
Crime And Capitalism

Author: David Greenberg

Publisher: Temple University Press

Published: 2010-06-10

Total Pages: 778

ISBN-13: 1439905649

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Classic and contemporary viewpoints on crime.

Reading Colonies—Property and Control of the British Far East
Reading Colonies—Property and Control of the British Far East

Author: R.B.E. Price

Publisher: City University of HK Press

Published: 2017-12-01

Total Pages: 249

ISBN-13: 9629372975

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By 1945, everywhere one looked in the Far East the British Empire was being openly questioned or was failing outright. Yet in the previous century, the British had been the pre-eminent imperial power from Weihaiwei to North Borneo. Reading Colonies: Property and Control of the British Far East investigates how the British held on for so long. Rent control legislation, and other measures of property law such as land improvement opportunities, are nominated as key tools used to frustrate decolonization in most Eastern colonies. British colonial administrations tried long and hard to inhibit the dialectical discord between their colonial hierarchism and local forms of nationalism with the prompts and plaudits of property policy. In cases where indigenous landlordism masqueraded as patriotism, independence came quickly (Ceylon and Burma). Where public housing established itself as a key post-war plank of social policy, freedom from British rule was a more gradual affair (British Malaya and Hong Kong). This study concludes that British colonial regimes did not offer a share of their industrial modernity to stay at the apex of political power, but readily adjusted old-style landlordism to keep nationalist usurpers at bay.