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A General Jurisprudence of Law and Society

A General Jurisprudence of Law and Society Author Brian Z. Tamanaha
ISBN-10 0199244669
Release 2001
Pages 263
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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.



Realistic Socio legal Theory

Realistic Socio legal Theory Author Brian Z. Tamanaha
ISBN-10 9780198298250
Release 1999
Pages 280
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Drawing on philosophical pragmatism, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area. Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure ofjudicial decision making. These issues are tackled in a clear and concise fashion while articulating a social theory of law that draws equally from legal theory and socio-legal theory. `This book provides a useful, and at times provocative, review of recent developments in legal theory. Because it covers considerable territory, it should be a good addition to one's professional library . . . there is much to commend in this book. It is well written, ably argued, and generally knowledgeable. It treats controversial topics forthrightly . . .an excellent review of the legal theory literature. . . . It should provide a worthwhile venture into familiar debates rendered from a perspective that owes allegiance to no side.' Law and Politics Book Review `by any criterion and excellent book . . .Tamanaha has produced a work which should feature as a core text in jurisprudence courses' Oxford Journal of Legal Studies `This is the most significant piece of work for anybody in Jurisprudence, Socio-Legal Studies, or Legal Theory' Neil MacCormick `a rich insight into almost every question legal theory has vexed itself over the past twenty-five years' Stanley Fish



Law as a Social System

Law as a Social System Author Niklas Luhmann
ISBN-10 0198262388
Release 2004
Pages 498
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In this volume, Niklas Luhmann, the leading exponent of systems theory, explores its implications for our understanding of law. The volume provides a rigorous application to law of a theory that offers profound insights into the relationships between law and other aspects of contemporary society, including politics, the economy, the media, education, and religion.Readership: Academics and students of sociology, law, philosophy, and legal philosophy.



Oxford Studies in Philosophy of Law

Oxford Studies in Philosophy of Law Author Leslie Green
ISBN-10 9780199679829
Release 2013-08-29
Pages 309
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Oxford Studies in the Philosophy of Law is an annual forum for new philosophical work on law. The essays range widely over general jurisprudence (the nature of law, adjudication, and legal reasoning), philosophical foundations of specific areas of law (from criminal to international law), and other philosophical topics relating to legal theory.



The Oxford Handbook of Roman Law and Society

The Oxford Handbook of Roman Law and Society Author Clifford Ando
ISBN-10 9780191044427
Release 2016-09-29
Pages 650
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The Handbook is intended to survey the landscape of contemporary research and chart principal directions of future inquiry. Its aim is to bring to bear upon Roman legal study the full range of intellectual resources of contemporary legal history, from comparison to popular constitutionalism, from international private law to law and society. This unique contribution of the volumesets it apart from others in the field. Furthermore, the volume brings the study of Roman law into closer alignment, and thus into dialogue, with historical, sociological, and anthropological research in law in other periods. The volume is therefore directed not simply to ancient historians and legal historians already focused on the ancient world, but to historians of all periods interested in law and its complex and multifaceted relationship to society.



The Anthropology of Law

The Anthropology of Law Author Fernanda Pirie
ISBN-10 9780199696840
Release 2013-10
Pages 268
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Questions about the nature of law, its relationship with custom, and the distinctive form of legal rules, categories, and reasoning, are placed at the centre of this introduction to the anthropology of law. It brings empirical scholarship within the scope of legal philosophy, while suggesting new avenues of inquiry for the anthropologist. Going beyond the functional and instrumental aspects of law that underlie traditional ethnographic studies of order and conflict resolution, The Anthropology of Law considers contemporary debates on human rights and new forms of property, but also delves into the rich corpus of texts and codes studied by legal historians, classicists, and orientalist scholars. Studies of the great legal systems of ancient China, India, and the Islamic world, unjustly neglected by anthropologists, are examined alongside forms of law created on their peripheries. The coutumes of medieval Europe, the codes drawn up by tribal groups in Tibet and the Yemen, village laws on both sides of the Mediterranean, and the intricate codes of saga in Iceland provide rich empirical detail for the author's analysis of the cross-cultural importance of the form of law, as text or rule, and the relative marginality of its functions as an instrument of government or foundation of social order. Carefully-selected examples shed new light upon the interrelations and distinctions between law, custom, and justice. Gradually an argument unfolds concerning the tensions between legalistic thought and argument, and the ideological or aspirational claims to embody justice, morality, and religious truth which lie at the heart of what we think of as law.



Making Rights a Reality

Making Rights a Reality Author Lisa Vanhala
ISBN-10 9781139497121
Release 2010-12-20
Pages
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Making Rights a Reality? explores the way in which disability activists in the United Kingdom and Canada have transformed their aspirations into legal claims in their quest for equality. It unpacks shifting conceptualizations of the political identity of disability and the role of a rights discourse in these dynamics. In doing so, it delves into the diffusion of disability rights among grassroots organizations and the traditional disability charities. The book draws on a wealth of primary sources including court records and campaign documents and encompassing interviews with more than sixty activists and legal experts. While showing that the disability rights movement has had a significant impact on equality jurisprudence in two countries, the book also demonstrates that the act of mobilizing rights can have consequences, both intended and unintended, for social movements themselves.



General Jurisprudence

General Jurisprudence Author William Twining
ISBN-10 9780521505932
Release 2009-02-12
Pages 517
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This book explores the implications of globalisation for the theoretical study of law, justice, and human rights.



A Realistic Theory of Law

A Realistic Theory of Law Author Brian Z. Tamanaha
ISBN-10 9781107188426
Release 2017-04-30
Pages 250
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The book re-orients jurisprudence and develops an empirically informed theory of law that applies throughout history and across different societies.



Living Law

Living Law Author Marc Hertogh
ISBN-10 9781847314772
Release 2008-12-13
Pages 292
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This collection of essays is the first edited volume in the English language which is entirely dedicated to the work of Eugen Ehrlich. Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many as one of the 'founding fathers' of modern sociology of law. Although the importance of his work (including his concept of 'living law') is widely recognised, Ehrlich has not yet received the serious international attention he deserves. Therefore, this collection of essays is aimed at 'reconsidering' Eugen Ehrlich by bringing together an interdisciplinary group of leading international experts to discuss both the historical and theoretical context of his work and its relevance for contemporary law and society scholarship. This book has been divided into four parts. Part I of this volume paints a lively picture of the Bukowina, in southeastern Europe, where Ehrlich was born in 1862. Moreover it considers the political and academic atmosphere at the end of the nineteenth century. Part II discusses the main concepts and ideas of Ehrlich's sociology of law and considers the reception of Ehrlich's work in the German speaking world, in the United States and in Japan. Part III of this volume is concerned with the work of Ehrlich in relation to that of some his contemporaries, including Roscoe Pound, Hans Kelsen and Cornelis van Vollenhoven. Part IV focuses on the relevance of Ehrlich's work for current socio-legal studies. This volume provides both an introduction to the important and innovative scholarship of Eugen Ehrlich as well as a starting point for further reading and discussion.



The Blackwell Companion to Law and Society

The Blackwell Companion to Law and Society Author Austin Sarat
ISBN-10 9780470692912
Release 2008-04-15
Pages 688
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The Blackwell Companion to Law and Society is an authoritative study of the relationship between law and social interaction. Thirty-two original essays by an international group of expert scholars examine a wide range of critical questions. Authors represent various theoretical, methodological, and political commitments, creating the first truly global overview of the field. Examines the relationship between law and social interactions in thirty-three original essay by international experts in the field. Reflects the world-wide significance of North American law and society scholarship. Addresses classical areas and new themes in law and society research, including: the gap between law on the books and law in action; the complexity of institutional processes; the significance of new media; and the intersections of law and identity. Engages the exciting work now being done in England, Europe, Australia, and New Zealand, South Africa, Israel, as well as "Third World" scholarship.



Legality s Borders

Legality s Borders Author Keith Culver
ISBN-10 9780199708062
Release 2010-03-23
Pages 224
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English-speaking jurisprudence of the last 100 years has devoted considerable attention to questions of identity and continuity. H.L.A. Hart, Joseph Raz, and many others have sought means to identify and distinguish legal from non-legal social situations, and to explain the enduring legality of those typically dynamic social situations. Focus on characterization of legality associated with the state, the most prominent legal phenomena available, has led to an analytical approach dominated by the idea of legal system and analysis of its constituent norms. Yet as far back as Hart's 1961 encounter with international law, the system-focussed approach to legality has experienced moments of self-doubt. From international law to the new legal order of the European Union, to shared governance and overlapping jurisdiction in transboundary areas, what at least appear to be instances of legality are at best weakly explained by approaches which presume the centrality of legal system as the mark and measure of social situations fully worthy of the title of legality. What next, as phenomena threaten to outstrip theory? Legality's Borders: An Essay in General Jurisprudence explains the rudiments of an inter-institutional theory of law, a theory which finds legality in the interaction between legal institutions, whose legality we characterise in terms of the kinds of norms they use rather than their content or system-membership. Prominent forms of legality such as the law-state and international law are then explained as particular forms of complex agglomeration of legal institutions, varying in form and complexity rather than sheer legality. This approach enables a fundamental shift in approach to the problems of identity and continuity of characteristically legal situations in social life: once legality is decoupled from legal system, the patterns of intense mutual reference amongst the legal institutions of the law-state can be seen as one justifiably prominent form of legality amongst others including overlapping forms of legality such as the European Union. Identity over time, on this view, is less a fixed set of characteristics than a history of intense mutual interaction of legal institutions, comparable against similar other agglomerations of legal institutions.



Law and Social Theory

Law and Social Theory Author Reza Banakar
ISBN-10 9781782252047
Release 2014-07-18
Pages 378
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There is a growing interest within law schools in the intersections between law and different areas of social theory. The second edition of this popular text introduces a wide range of traditions in sociology and the humanities that offer provocative, contextual views on law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, systems theory, critical approaches, law in action, postmodernism, and law in global society. Each chapter is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. New chapters include authoritative reviews of actor network theory, new legal realism, critical race theory, post-colonial theories of law, and the sociology of the legal profession. Over half the chapters are new, and the rest are revised in order to include discussion of recent literature.



The Uses of Discretion

The Uses of Discretion Author Keith Hawkins
ISBN-10 9780198259503
Release 1994
Pages 431
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Discretion is a pervasive phenomenon in legal systems. It is of concern to lawyers because it can be a force for justice or injustice: at once a means of advancing the broad purposes of law and of subventing them. For social scientists the discretion exercised by legal actors is an important form of decision-making behaviour, in which legal rules are merely one force in a field of pressures and constraints that push towards certain courses of action or inaction. This book presents a variety of analyses of legal discretion by lawyers and social scientists (drawn from both sides of the Atlantic), who have made discretion and its uses a central part of their scholarly concerns.



Law and Revolution

Law and Revolution Author Nimer Sultany
ISBN-10 9780191081514
Release 2017-11-23
Pages 320
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What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.



Exploring the Socio of Socio Legal Studies

Exploring the  Socio  of Socio Legal Studies Author Dermot Feenan
ISBN-10 9781137314635
Release 2017-03-01
Pages 307
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In this insightful collection, a broad range of scholars analyzes a core issue for socio-legal studies, what is understood by the 'socio' of the 'socio-legal'. Drawing from legal theory, cultural studies, and social policy, the collection's wide scope of themes and topics provides an important stock-take and analysis of the socio-legal field.



Theory and Method in Socio Legal Research

Theory and Method in Socio Legal Research Author Reza Banakar
ISBN-10 9781847316912
Release 2005-12-19
Pages 392
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Socio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science. The papers in this volume illustrate how a range of topics, including EU law, ombudsmen, judges, lawyers, Shariah Councils and the quality assurance industry can be researched from a socio-legal perspective. The objective of the collection is to show how different methods can be used in researching law and legal phenomena, how methodological issues and debates in sociology are relevant to the study of law, and the importance of the debate between "structural" and "action" traditions in researching law. It also approaches the methodological problem of how sociology of law can address the content of legal practice from a variety of perspectives and discusses the relationship between pure and applied research. The editors provide a critical introduction to each of the six sections, and a general introduction on law, sociology and method. The collection will provide an invaluable resource for socio-legal researchers, law school researchers and postgraduates.