Émile Durkheim

law in a moral domain

Author: Roger Cotterrell

Publisher: N.A

ISBN: 9780748613397

Category: Law

Page: 276

View: 8320

DOWNLOAD NOW »

Émile Durkheim

Law in a Moral Domain

Author: Roger B. M. Cotterrell

Publisher: Stanford University Press

ISBN: 9780804738088

Category: Social Science

Page: 276

View: 1197

DOWNLOAD NOW »

This book seeks to provide a fully comprehensive and systematic account of Durkheim’s legal theory. Indeed, because his writings on law and on the sociology of law are scattered throughout his work, this book is in fact the first attempt in English to provide a detailed analysis of the entirety of Durkheim’s legal thought. The author argues that for Durkheim legal questions and moral questions were ultimately inseparable—not so much because law and morality cannot be analytically disentangled (as some legal philosophers argue), as because morality is embodied in the conditions of social life, the rules for which are articulated by law. Thus, for Durkheim, the study of law was an absolutely essential and central part of the sociological enterprise. Law aspires to express the moral commitments of people living in many different kinds of relationships of community, reflecting the values of those whose life it regulates. Durkheim’s writings have a parallel aspiration: they use history, ethnography, and social theory to uncover the intricate and shifting moral foundations of law—foundations uncovered empirically by studying the social phenomena in which they reside, and by understanding the nature of those phenomena and the conditions of their being.

Conjectures and Refutations

The Growth of Scientific Knowledge

Author: Karl Popper

Publisher: Routledge

ISBN: 1135971374

Category: Philosophy

Page: 608

View: 9082

DOWNLOAD NOW »

Conjectures and Refutations is one of Karl Popper's most wide-ranging and popular works, notable not only for its acute insight into the way scientific knowledge grows, but also for applying those insights to politics and to history. It provides one of the clearest and most accessible statements of the fundamental idea that guided his work: not only our knowledge, but our aims and our standards, grow through an unending process of trial and error.

Getting to the Rule of Law

NOMOS L

Author: James E. Fleming

Publisher: NYU Press

ISBN: 0814728448

Category: Political Science

Page: 311

View: 5587

DOWNLOAD NOW »

The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.

The Taming of Chance

Author: Ian Hacking

Publisher: Cambridge University Press

ISBN: 9780521388849

Category: History

Page: 264

View: 9994

DOWNLOAD NOW »

This book combines detailed scientific historical research with characteristic philosophic breadth and verve.

Comparative Law in a Global Context

The Legal Systems of Asia and Africa

Author: Werner F. Menski

Publisher: Cambridge University Press

ISBN: 1139452711

Category: Law

Page: N.A

View: 8953

DOWNLOAD NOW »

Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.

Constitutional Fragments

Societal Constitutionalism and Globalization

Author: Gunther Teubner

Publisher: Oxford University Press

ISBN: 0199644675

Category: Law

Page: 213

View: 6720

DOWNLOAD NOW »

The powerful private sectors of the world economy remain largely unconstrained by fundamental constitutional rules, leading to human rights abuses on a massive scale. This book examines how the values of constitutional governance can be applied to the private sphere in the modern world, through a network of constitutional fragments.

Marcel Mauss

A Biography

Author: Marcel Fournier

Publisher: Princeton University Press

ISBN: 9780691117775

Category: Biography & Autobiography

Page: 442

View: 872

DOWNLOAD NOW »

The book addresses, among other topics, the effect of the Dreyfus Affair and the First World War on Mauss's thought, and the inner dynamics of the group of scholars around Mauss and Durkheim at the journal they helped establish, Annee sociologique. The fruit of vast research, Marcel Mauss: A Biography is the life story both of a legendary scholar and of the institutionalization of sociology and anthropology.

Theory and Metatheory in International Relations

Concepts and Contending Accounts

Author: F. Chernoff

Publisher: Springer

ISBN: 0230606881

Category: Political Science

Page: 223

View: 6064

DOWNLOAD NOW »

This book uses three controversial contemporary American foreign policy problems to introduce students to the 'new debates' in international relations, in which the criticisms of constructivism, interpretivism, and postmodernism are presented against traditional positivist concepts of social science.

The Origins of Nazi Genocide

From Euthanasia to the Final Solution

Author: Henry Friedlander

Publisher: Univ of North Carolina Press

ISBN: 080786160X

Category: History

Page: 448

View: 3861

DOWNLOAD NOW »

Tracing the rise of racist and eugenic ideologies, Henry Friedlander explores in chilling detail how the Nazi program of secretly exterminating the handicapped and disabled evolved into the systematic destruction of Jews and Gypsies. He describes how the so-called euthanasia of the handicapped provided a practical model for the later mass murder, thereby initiating the Holocaust. The Nazi regime pursued the extermination of Jews, Gypsies, and the handicapped based on a belief in the biological, and thus absolute, inferiority of those groups. To document the connection between the assault on the handicapped and the Final Solution, Friedlander shows how the legal restrictions and exclusionary policies of the 1930s, including mass sterilization, led to mass murder during the war. He also makes clear that the killing centers where the handicapped were gassed and cremated served as the models for the extermination camps. Based on extensive archival research, the book also analyzes the involvement of the German bureaucracy and judiciary, the participation of physicians and scientists, and the nature of popular opposition.

Race and Morality

How Good Intentions Undermine Social Justice and Perpetuate Inequality

Author: Melvyn L. Fein

Publisher: Springer Science & Business Media

ISBN: 9780306465130

Category: Business & Economics

Page: 356

View: 8858

DOWNLOAD NOW »

This book attempts to explain why it has been so difficult to solve America's racial problems as the country has moved from what the author describes as a closed caste to an open class society. The author contends that Americans fail to perceive how the legacy of slavery interferes with social mobility and highlights the values that middle-class blacks and whites need to uphold, most prominently the emphasis on freedom as opposed to total equality.

Durkheim and the Law

Author: Steven Lukes,Andrew Scull

Publisher: Palgrave Macmillan

ISBN: 9781137031815

Category: Law

Page: 272

View: 2221

DOWNLOAD NOW »

The law was central to Durkheim's sociological theory and to his efforts to establish sociology as a distinctive discipline. This revised and updated second edition of Durkheim and the Law brings together key texts which demonstrate the development of Durkheim's thinking on the sociology of law, several of them newly translated here. The editors, both world-renowned Durkheim scholars, provide a comprehensive analysis of the intellectual significance and distinctiveness of Durkheim's work on the subject. They show how his ideas evolved over time; how they contributed to the development of a distinctively Durkheimian vision of a science of society; and they provide a comprehensive assessment of the strengths and weaknesses of his theorizing about law, as well as its continuing relevance for contemporary sociology. Enriched with a new introduction and useful learning features, this book remains a major reference for students of socio-legal theory.

Nationalism, Social Theory and Durkheim

Author: J. Dingley

Publisher: Springer

ISBN: 0230593100

Category: Social Science

Page: 236

View: 332

DOWNLOAD NOW »

Ethno-national and religious identity and violence dominate modern politics, from Northern Ireland to terrorism in Sri Lanka, the former Yugoslavia or Afghanistan and Iraq. This book shows that social theory should be a major tool in helping explain national, religious and identity problems.

Stalinism and Nazism

Dictatorships in Comparison

Author: Ian Kershaw

Publisher: Cambridge University Press

ISBN: 9780521565219

Category: History

Page: 369

View: 1999

DOWNLOAD NOW »

Several distinguished historians present the first comprehensive comparison of Nazism and Stalinism.

Sites of Memory, Sites of Mourning

The Great War in European Cultural History

Author: Jay Winter

Publisher: Cambridge University Press

ISBN: 113995296X

Category: History

Page: N.A

View: 879

DOWNLOAD NOW »

Jay Winter's powerful study of the 'collective remembrance' of the Great War offers a major reassessment of one of the critical episodes in the cultural history of the twentieth century. Dr Winter looks anew at the culture of commemoration and the ways in which communities endeavoured to find collective solace after 1918. Taking issue with the prevailing 'modernist' interpretation of the European reaction to the appalling events of 1914–18, Dr Winter instead argues that what characterised that reaction was, rather, the attempt to interpret the Great War within traditional frames of reference. Tensions arose inevitably. Sites of Memory, Sites of Mourning is a profound and moving book of seminal importance for the attempt to understand the course of European history during the first half of the twentieth century.

Workers Against Lenin

Labour Protest and the Bolshevik Dictatorship

Author: Jonathan Aves

Publisher: I.B.Tauris

ISBN: 9781860640674

Category: Political Science

Page: 220

View: 2523

DOWNLOAD NOW »

This work challenges the view, widely held among historians of the Bolshevik revolution, that the upsurge of labour unrest of 1920-22 was the result of the appalling living conditions caused by the Civil War, had little significant content and was largely a sideshow to the huge conflict between the Bolsheviks and the peasants. Based on a wide reading of the contemporary Soviet press, archive sources and first-hand accounts by Bolsheviks and non-Bolsheviks, this work shows how rank and file opposition to the leadership in the Bolshevik-dominated trade unions grew, and how support for non-Bolshevik trade unions and political parties developed fast.

Islam, Law and Identity

Author: Marinos Diamantides,Adam Gearey

Publisher: Routledge

ISBN: 1136675655

Category: Law

Page: 288

View: 4794

DOWNLOAD NOW »

The essays brought together in Islam, Law and Identity are the product of a series of interdisciplinary workshops that brought together scholars from a plethora of countries. Funded by the British Academy the workshops convened over a period of two years in London, Cairo and Izmir. The workshops and the ensuing papers focus on recent debates about the nature of sacred and secular law and most engage case studies from specific countries including Egypt, Israel, Kazakhstan, Mauritania, Pakistan and the UK. Islam, Law and Identity also addresses broader and over-arching concerns about relationships between religion, human rights, law and modernity. Drawing on a variety of theoretical and empirical approaches, the collection presents law as central to the complex ways in which different Muslim communities and institutions create and re-create their identities around inherently ambiguous symbols of faith. From their different perspectives, the essays argue that there is no essential conflict between secular law and Shari`a but various different articulations of the sacred and the secular. Islam, Law and Identity explores a more nuanced and sophisticated understanding of the tensions that animate such terms as Shari`a law, modernity and secularization

The Politics of Jurisprudence

A Critical Introduction to Legal Philosophy

Author: Roger B. M. Cotterrell

Publisher: University of Pennsylvania Press

ISBN: 9780812213935

Category: Law

Page: 277

View: 6440

DOWNLOAD NOW »

Selected by Choice magazine as an Outstanding Academic Title In The Politics of Jurisprudence, Roger Cotterrell offers a concise introduction to and commentary on Anglo-American jurisprudence, and a contribution to the study of the development of American and English general conceptions of law since the establishment of modern legal professions in the U.S. and Britain.

Law's Community

Legal Theory in Sociological Perspective

Author: Roger Cotterrell

Publisher: Oxford University Press

ISBN: 9780198264903

Category: Law

Page: 381

View: 1113

DOWNLOAD NOW »

Law's Community offers a distinctive analysis of law, identifying political and moral problems that are fundamental to contemporary legal theory. It portrays contemporary law as institutionalized doctrine, emphasizing ways in which legal modes of thought influence wider currents of understanding and belief in contemporary Western societies. Exploring relationships between law and sociology as contrasting and competing fields of knowledge, Law's Community develops ideas from social theoryto identify key problems for legal development; in particular, those of restoring moral authority to law and of elaborating a concept of community that can guide legal regulation. The analysis leads to radical conclusions: among them, that law's functions need reconsideration at the most general level, that a unitary state legal system as portrayed in traditional kinds of legal theory may no longer be adequate in complex contemporary societies, and that law should be reconceptualized as a diverse but co-ordinated plurality of systems, sites, and forms of regulation.