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Author: Roberto Mangabeira Unger Publisher: Simon and Schuster ISBN: 0029328802 Category : Law Languages : en Pages : 324
Book Description
"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.
Author: Roberto Mangabeira Unger Publisher: Simon and Schuster ISBN: 0029328802 Category : Law Languages : en Pages : 324
Book Description
"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.
Author: Denis Galligan Publisher: OUP Oxford ISBN: 0191018864 Category : Law Languages : en Pages : 400
Book Description
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.
Author: P. S. Atiyah Publisher: OPUS ISBN: 9780192892676 Category : Law Languages : en Pages : 229
Book Description
How and why is so much new law made? By what right does a judge order that someone be sent to jail? Why is so much of the law so contentious, and why should we, the people, accept the laws made by those who claim the right to govern us? In this lucid, stimulating, and completely updated survey, P. S. Atiyah introduces the reader to a number of fundamental issues about English law, the legal profession, and the adjudicative process. This new edition gives greater emphasis to the effect of membership of the European Community on English law, and gives an expanded account of the European Convention on Human Rights with its subsequent effects on our laws. Atiyah also looks at the recent controversy over the independence of the judiciary, problems arising from the cost of legal services and legal aid, and the many worrying miscarriages of justice which have tainted the legal system in the past decade.
Author: Mary Arden Publisher: Oxford University Press ISBN: 0198755848 Category : Law Languages : en Pages : 328
Book Description
Law is a lasting social institution, but it must also be responsive to change. In this volume Mary Arden draws upon her experience to examine how judge-made law adapts to the evolving demands of society, how law reform works in practice, and the future of the judiciary in our diverse modern culture.
Author: Professor Reza Banakar Publisher: Ashgate Publishing, Ltd. ISBN: 1409497313 Category : Law Languages : en Pages : 473
Book Description
This volume offers snapshots of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twenty-first century. It explores how rights are used to challenge the state of affairs by individuals and groups who seek justice, and the strategies devised to defy the existing rights by those who wish to recast the social and political order. This volume discusses rights, firstly, in relation to actual events and issues faced by policy-makers, courts, international agencies, or ordinary people. These range from the demands of minority groups living in the West to freely practice their culture and/or religion, to the threat of terrorism, the regulation of asylum rights, the investor's rights to disclosure and the rights of artists to freedom of expression. Secondly, rights discourse is examined in relation to attempts to redefine the form and content of rights, for example, by banning the right to wear religious symbols in public institutions or detaining terrorism suspects without trial. Thirdly, rights discourse is explored in connection with the attempts to develop new notions of rights, such as 'human security', which can more effectively respond to the challenges of late modern societies. Finally, the statuses of rights in sociological theory and socio-legal research are briefly discussed and analysed.
Author: A. Javier Trevino Publisher: Transaction Publishers ISBN: 1412844606 Category : Social Science Languages : en Pages : 389
Book Description
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.
Author: Christopher W. Brooks Publisher: Cambridge University Press ISBN: 9781139475297 Category : History Languages : en Pages :
Book Description
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.
Author: Christoph Castelein Publisher: ISBN: Category : Business & Economics Languages : en Pages : 248
Book Description
This volume in the EFL-Series aims at enabling a larger and more contextualised view on succession law, by studying the issue of imperative inheritance law from five different perspectives: legal anthropology, legal history, sociology of law, law and economics, and comparative law. All perspectives are introduced by eminent scholars.
Author: Holger Zaborowski Publisher: CUA Press ISBN: 0813217865 Category : Law Languages : en Pages : 369
Book Description
The essays of this volume examine natural moral law, different natural law theories, and the role that natural law can and should play in our contemporary society
Author: Andrew Murray Publisher: Oxford University Press ISBN: 0198732465 Category : Computers Languages : en Pages : 693
Book Description
Information Technology Law takes a unique socio-legal approach to examining the interaction between the law and other elements of the information society. Murray discusses relevant issues such as governance, free expression, and crime with enthusiasm, and looks forward to future challenges presented by developing technologies.
Author: Roberto Mangabeira Unger
Author: Roberto Mangabeira Unger
Author: Denis Galligan
Author: P. S. Atiyah
Author: Mary Arden
Author: Professor Reza Banakar
Author: A. Javier Trevino
Author: Christopher W. Brooks
Author: Christoph Castelein
Author: Holger Zaborowski
Author: Andrew Murray