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Continuity and Development in Law and Society

Author: Vilhelm Aubert
Publisher: Oxford University Press, USA
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 472

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Book Description
This study presents some of the most important essays by the late prominent Norwegian sociologist Vilhelm Aubert on general questions of law and legal reasoning, and explores the results of Aubert's recent research into the development of Norwegian legal constitutions in the 19th and 20th centuries. Aubert also traces the history of the legal profession back to the early 18th century, and discusses issues of international relations and international law, with special reference to human rights.

The Sociology of Law

Author: A. Javier Trevino
Publisher: Routledge
ISBN: 1351473700
Category : Law
Languages : en
Pages : 500

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Book Description
The purpose of this book is to introduce the sociology of law by providing a coherent organization to the general body of literature in that field. As such, the text gives a comprehensive overview of theoretical sociology of law. It deals with the broad expanse of the field and covers a vast amount of intellectual terrain. This volume is intended to fill a gap in the literature. Most textbooks in the sociology of law are insufficiently theoretical or else do not provide a paradigmatic analysis of sociological theories. The content of this text consists of discussions of the works of scholars who have contributed the most to the cumulative development of the sociology of law. It surveys the major traditions of legal sociology but is not wedded to any one particular theoretical approach. Both the "classical," or nineteenth-century, and "contemporary," or twentieth-century, perspectives are covered. The reader will see that nineteenth-century thought has directly influenced the emergence of twentieth-century theory. One unique feature of this book is that key sociological and legal concepts, presented in bold print and italics, are defined, described, and illustrated throughout. Although the nature of the subject matter is highly theoretical and, at times, quite complex, Trevino values every effort to present the material in the most straightforward and intelligible form possible without compromising the integrity of the theories themselves. In short, this book aims to accomplish three objectives: inform about the progressive advancement of sociological theory, teach the reader to analyze the law as a social phenomenon, and develop in the reader a critical mode of thinking about issues relevant to the relationship between law and society.

Sociology of Law as the Science of Norms

Author: Håkan Hydén
Publisher: Routledge
ISBN: 1000533107
Category : Law
Languages : en
Pages : 316

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Book Description
This book proposes the study of norms as a method of explaining human choice and behaviour by introducing a new scientific perspective. The science of norms may here be broadly understood as a social science which includes elements from both the behavioural and legal sciences. It is given that a science of norms is not normative in the sense of prescribing what is right or wrong in various situations. Compared with legal science, sociology of law has an interest in the operational side of legal rules and regulation. This book develops a synthesizing social science approach to better understand societal development in the wake of the increasingly significant digital technology. The underlying idea is that norms as expectations today are not primarily related to social expectations emanating from human interactions but come from systems that mankind has created for fulfilling its needs. Today the economy, via the market, and technology via digitization, generate stronger and more frequent expectations than the social system. By expanding the sociological understanding of norms, the book makes comparisons between different parts of society possible and creates a more holistic understanding of contemporary society. The book will be of interest to academics and researchers in the areas of sociology of law, legal theory, philosophy of law, sociology and social psychology.

Beyond Law in Context

Author: David Nelken
Publisher: Routledge
ISBN: 9780754628026
Category : Sociological jurisprudence
Languages : en
Pages : 0

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Book Description
This intriguing collection of essays by David Nelken examines the relationship between law, society and social theory and the various ideas social theorists have had about the actual and ideal 'fit' between law and its social context. It also asks how far it is possible to get beyond this mainstream paradigm. The value of social theorising for studying law is illustrated by specific developments in substantive areas such as housing law, tort law, the law of evidence and criminal law. Throughout the chapters the focus is on the following questions. What is gained (and what may be lost) by putting law in context? What attempts have been made to go beyond this approach? What are their (necessary) limits? Can law be seen as anything other than in some way both separate from and relating to 'the social'? The distinctiveness of this approach lies in its effort to keep in tension two claims. Firstly, that social theorising about legal practices is vitally important for understanding the connections between legal and social structures and revealing what law means and does for (and to) various social actors. The second point is that it does not follow that what we learn in this way can be assumed to be necessarily relevant to (re)shaping legal practices without further argument that pays heed to law's specificity.

Sociology of Law

Author: Mathieu Deflem
Publisher: Cambridge University Press
ISBN: 9780521673921
Category : Social Science
Languages : en
Pages : 360

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Book Description
Since the classic contributions of Weber and Durkheim, the sociology of law has raised key questions on the place of law in society. Drawing together both theoretical and empirical themes, in this 2008 book Mathieu Deflem reviews the field's major accomplishments and reveals the value of the multiple ways in which sociologists study the social structures and processes of law. He discusses both historical and contemporary issues, from early theoretical foundations and the work of Weber and Durkheim, through the contribution of sociological jurisprudence, to the development of modern perspectives to clarify how sociologists study law. Chapters also look at the role of law in relation to the economy, politics, culture, and the legal profession; and aspects of law enforcement and the globalization of law. This book will appeal to scholars and students of the sociology of law, jurisprudence, social and political theory, and social and political philosophy.

Towards an Economic Sociology of Law

Author: Diamond Ashiagbor
Publisher: Wiley-Blackwell
ISBN: 9781118508251
Category : Social Science
Languages : en
Pages : 0

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Book Description
Reflecting a developing trend towards interdisciplinary research in economics and law, this agenda-setting volume makes the case for economic sociology of law – an emerging field that draws on empirical, analytical and normative insights from sociology to investigate relationships between legal and economic phenomena. It locates this novel subject in a wider socio-legal tradition and identifies common ground between Polanyian and Weberian approaches to the law, economy, and society, despite the two theorists’ divergent views on the functionality of the capitalist model. The volume provides a platform for researchers’ critical responses to the ‘social embeddedness’ of market societies. Contributors demonstrate the value of applying a combination of methods in their work, from heterogeneous disciplines such as legal history and ethnography. They consider the position in the western and developed nations, as well as in post-colonial polities. The resulting publication is a well-crafted primer on a specialism that, by combining the insights of socio-economic analysis with the formative influences exerted by their specific legal contexts, informs a more nuanced assessment of law, economics and society.

Reading Max Weber's Sociology of Law

Author: Hubert Treiber
Publisher: Oxford University Press
ISBN: 019257423X
Category : Law
Languages : en
Pages : 208

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Book Description
Reading Max Weber's Sociology of Law serves both as an introduction and as a distillation of more than thirty years of reading and reflection on Weber's scholarship. It provides a solid and comprehensive introduction to Weber and sets out his main concepts. Drawing on recent research in the history of law, this book also presents and critiques the process by which the law was rationalized and which Weber divided into four ideal-typical stages of development. Hubert Treiber provides commentary in a manner informed both historically and sociologically. The book explores Weber's concepts in relation to the creation of laws between secular the religious powers. The book goes on to examine the codifications that were undertaken by Prussian absolutism and Napoleon in the Code Civil. It further covers Weber's thoughts on antiformal legal tendencies, issues that are still prevalent in law today. This text is no mere reiteration of Weber's concepts. The volume contextualizes Weber's work in the light of current research, setting out to amend misinterpretations and misunderstandings that have prevailed from Weber's original texts. Treiber's introduction is much more than a simple guide through a complicated text. It is an important work in its own right and critical for any student of the sociology of law.

Research Handbook on the Sociology of Law

Author: Jiří Přibáň
Publisher: Edward Elgar Publishing
ISBN: 1789905184
Category : Law
Languages : en
Pages : 416

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Book Description
This unique Research Handbook maps the historical, theoretical, and methodological concepts in sociology of law, exploring the rich and complex nature of this area of research. It argues that sociology of law flourishes due to its strong capacity for interdisciplinary engagement and links to other scientific concepts, methodologies and research fields.