A General Jurisprudence of Law and Society

Author: Brian Z. Tamanaha

Publisher: Oxford University Press on Demand

ISBN: 9780199244669

Category: Law

Page: 263

View: 5522

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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.

Criminalization

The Political Morality of the Criminal Law

Author: R A Duff,Lindsay Farmer,S E Marshall,Massimo Renzo,Victor Tadros

Publisher: OUP Oxford

ISBN: 0191043362

Category: Law

Page: 340

View: 1044

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The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The fourth book in the series examines the political morality of the criminal law, exploring general principles and theories of criminalization. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism, or reflect upon on the success of important theories of criminalization by viewing them in a novel light. Ideas that are fundamental to any complete theory of the criminal law - liberty, harm, and the effect on victims - are investigated in depth. Sociological investigation of the criminal law grounds a critical investigation into the principles of criminalization, both as a legislative matter, and with respect to criminalization practices, in contemporary and historical contexts. The volume broadens our conceptions of the theory of criminalization, and clarifies the role of the series in the development of this theory. It is essential reading for all interested in legal, political, and social theories of criminalization.

Law in Modern Society

Author: Denis Galligan

Publisher: OUP Oxford

ISBN: 0191018864

Category: Law

Page: 400

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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.

A Treatise of Legal Philosophy and General Jurisprudence

Vol. 9: A History of the Philosophy of Law in the Civil Law World, 1600-1900; Vol. 10: The Philosophers' Philosophy of Law from the Seventeenth Century to Our Days.

Author: Damiano Canale,Paolo Grossi,Hasso Hofmann,Patrick Riley

Publisher: Springer Science & Business Media

ISBN: 9048129648

Category: Philosophy

Page: 740

View: 9133

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TO VOLUMES 9 AND 10 OF THE TREATISE I am happy to present here the third batch of volumes for the Treatise project: This is the batch consisting of Volumes 9 and 10, namely, A History of the P- losophy of Law in the Civil Law World, 1600–1900, edited by Damiano Canale, Paolo Grossi, and Hasso Hofmann, and The Philosophers’ Philosophy of Law from the Seventeenth Century to Our Days, by Patrick Riley. Three v- umes will follow: Two are devoted to the philosophy of law in the 20th c- tury, and the third one will be the index for the entire Treatise, which will 1 therefore ultimately comprise thirteen volumes. This Volume 9 runs parallel to Volume 8, A History of the Philosophy of Law in the Common Law World, 1600–1900, by Michael Lobban, published in 2007. Volume 10, for its part, takes up where Volume 6 left off: which appeared under the title A History of the Philosophy of Law from the Ancient Greeks to the Scholastics (edited by Fred Miller Jr. in association with Carrie-Ann Biondi, likewise published in 2007), and which is mainly a history of the p- losophers’ philosophy of law (let us refer to this philosophy as A).

Implementing EU Pollution Control

Law and Integration

Author: Bettina Lange

Publisher: Cambridge University Press

ISBN: 1139470833

Category: Law

Page: N.A

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Through a detailed analysis this book examines the role of law in European Union integration processes through the implementation of the EU Directive on Integrated Pollution Prevention and Control at European Level and in the UK and Germany. The book questions traditional conceptions which perceive law as the 'formal law in the books', as instrumental and as relatively autonomous in relation to its social contexts. The book also discusses in depth how the key legal obligation on the Directive, to employ 'the best available techniques', is actually implemented. This research locates the analysis of the implementation of the IPPC Directive in the wider context of current, cutting-edge political science and sociology of law debates about the role of law in EU integration processes, the nature of EU law, new modes of governance and the significance of 'law in action' for understanding legal process.

Law as a Means to an End

Threat to the Rule of Law

Author: Brian Z. Tamanaha

Publisher: Cambridge University Press

ISBN: 1139459228

Category: Law

Page: N.A

View: 3553

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The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.

Reflections on Global Law

Author: Shavana Musa,Eefje de Volder

Publisher: Martinus Nijhoff Publishers

ISBN: 9004260951

Category: Law

Page: 242

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Reflections on Global Law provides an interesting and vital look into the newly emerging field of global law. It allows the possibility for readers to discover global law from the perspective of various academic experts who stem from a whole range of different legal disciplines.

Social and Legal Norms

Towards a Socio-legal Understanding of Normativity

Author: Dr Matthias Baier

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472400585

Category: Law

Page: 364

View: 2190

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In an era where new areas of life and new problems call for normative solutions while the plurality of values in society challenge the very basis for normative solutions, this book looks at a growing field of research on the relations between social and legal norms. New technologies and social media offer new ways to communicate about normative issues and the centrality of formal law and how normativity comes about is a question for debate. This book offers empirical and theoretical research in the field of social and legal norms and will inspire future debate and research in terms of internationalization and cross-national comparative studies. It presents a consistent picture of empirical research in different social and organizational areas and will deepen the theoretical understanding regarding the interplay between social and legal norms. Including chapters written from four different aspects of normativity, the contributors argue that normativity is a result of combinations between law in books, law in action, social norms and social practice. The book uses a variety of different international examples, ranging from Sweden, Uzbekistan, Colombia and Mexico. Primarily aimed at scholars in sociology of law, socio-legal studies, law and legal theory, the book will also interest those in sociology, political science and psychology.

Constitutional Sunsets and Experimental Legislation

a Comparative Perspective

Author: Sofia Ranchordás

Publisher: Edward Elgar Publishing

ISBN: 1783478950

Category: Law

Page: 256

View: 6030

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This innovative book explores the nature and function of 'sunset clauses' and experimental legislation, or temporary legislation that expires after a determined period of time, allowing legislators to test out new rules and regulations within a set time frame and on a small-scale basis.

The Constitutional State

Author: N. W. Barber

Publisher: OUP Oxford

ISBN: 0191637254

Category: Law

Page: 224

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The Constitutional State provides an original analytical account of the state and its associated constitutional phenomena. It presents the state as a form of social group, consisting of people, territory and institutions bound together by rules. The institutions of the state make a distinctive and characteristic claim over the people of the state, who, in turn, have a distinctive and characteristic relationship with these institutions. This account reveals the importance of at least two forms of pluralism - legal and constitutional. It also casts light on some of the more difficult questions faced by writers on constitutions - such as the possibility of states undertaking actions and forming intentions, the moral significance of these actions for the people of the state, and the capacity of the state to carry responsibility for acts between generations.

A Treatise of Legal Philosophy and General Jurisprudence

Vol. 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics; Vol. 7: The Jurists' Philosophy of Law from Rome to the Seventeenth Century; Vol 8: A History of the Phil. of Law in the Common Law World, 1600-1900.

Author: Michael Lobban

Publisher: Springer Science & Business Media

ISBN: 9781402049507

Category: Law

Page: 948

View: 9781

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This comprehensive treatment of legal philosophy and general jurisprudence is designed for jurists as well as legal and practical philosophers. The treatise is presented in two sections: The 5-volume Theoretical part (2005) covers topics of contemporary debate; The 6-volume Historical part (2006-2007) traces the development of legal thought from ancient Greece through the twentieth century. This release incorporates Vol. 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics; Vol. 7: The Jurists' Philosophy of Law from Rome to the Seventeenth Century; and Vol 8: A History of the Philosophy of Law in the Common Law World, 1600-1900.

A Treatise of Legal Philosophy and General Jurisprudence

Volume 1:The Law and The Right, Volume 2: Foundations of Law, Volume 3: Legal Institutions and the Sources of Law, Volume 4: Scienta Juris, Legal Doctrine as Knowledge of Law and as a Source of Law, Volume 5: Legal Reasoning, A Cognitive Approach to the Law

Author: Enrico Pattaro

Publisher: Springer Science & Business Media

ISBN: 1402035055

Category: Philosophy

Page: 1958

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This paperback edition of the first of the twelve volumes of A Treatises of Legal Philosophy and General Jurisprudence, serves as an introduction to the first-ever multivolume treatment of all important issues in legal philosophy and general jurisprudence, consisting of a five-volume theoretical part and a six-volume historical part. The theoretical part covers the main topics of contemporary debate. The historical volumes trace the development of legal thought from ancient Greek times through the twentieth century. All volumes are edited by the renowned theorist Enrico Pattaro.

General Jurisprudence

Understanding Law from a Global Perspective

Author: William Twining

Publisher: Cambridge University Press

ISBN: 0521505933

Category: Law

Page: 517

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This book explores the implications of globalisation for the theoretical study of law, justice, and human rights.

The Sources of International Law

Author: Hugh Thirlway

Publisher: OUP Oxford

ISBN: 0191508608

Category: Law

Page: 304

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In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Courts Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Courts structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law.

A Realistic Theory of Law

Author: Brian Z. Tamanaha

Publisher: Cambridge University Press

ISBN: 1107188423

Category: Law

Page: 250

View: 8510

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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.

Sociological Jurisprudence

Juristic Thought and Social Inquiry

Author: Roger Cotterrell

Publisher: Routledge

ISBN: 1351683233

Category: Law

Page: 256

View: 546

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This book presents a unified set of arguments about the nature of jurisprudence and its relation to the jurist’s role. It explores contemporary challenges that create a need for social scientific perspectives in jurisprudence, and it shows how sociological resources can and should be used in considering juristic issues. Its overall aim is to redefine the concept of sociological jurisprudence and outline a new agenda for this. Supporting this agenda, the book elaborates a distinctive juristic perspective that recognises law’s diversity of cultural meanings, its extending transnational reach, its responsibilities to reflect popular aspirations for justice and security, and its integrative tasks as a general resource of regulation for society as a whole and for the individuals who interact under law’s protection. Drawing on and extending the author’s previous work, the book will be essential reading for students, researchers and academics working in jurisprudence, law and society, socio-legal studies, sociology of law, and comparative legal studies.

The Law of Freedom and Bondage in the United States

Author: John Hurd

Publisher: Applewood Books

ISBN: 1429015179

Category: History

Page: 668

View: 2611

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The Making of the Modern Law: Legal Treatises, 1800-1926 includes over 20,000 analytical, theoretical and practical works on American and British Law. It includes the writings of major legal theorists, including Sir Edward Coke, Sir William Blackstone, James Fitzjames Stephen, Frederic William Maitland, John Marshall, Joseph Story, Oliver Wendell Holmes, Jr. and Roscoe Pound, among others. Legal Treatises includes casebooks, local practice manuals, form books, works for lay readers, pamphlets, letters, speeches and other works of the most influential writers of their time. It is of great value to researchers of domestic and international law, government and politics, legal history, business and economics, criminology and much more.++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: ++++Harvard Law School Libraryocm18606066Boston: Little, Brown, 1858-1862. 2 v.; 23 cm.

Classic Writings in Law and Society

Second Edition, Revised and Expanded

Author: A. Javier Trevino

Publisher: Transaction Publishers

ISBN: 1412844606

Category: Social Science

Page: 388

View: 5841

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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.

Children, Morality and Society

Author: S. Frankel

Publisher: Springer

ISBN: 1137007796

Category: Social Science

Page: 228

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This book explores the extent to which children engage with questions of morality, arguing that they are active members of society who have both the capacity and understanding to engage with discourses of morality.