Law as a Social System

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Author: Niklas Luhmann,Klaus A. Ziegert,Fatima Kastner

Publisher: Oxford University Press on Demand

ISBN: 9780198262381

Category: Medical

Page: 498

View: 5965

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.

Exploiting the Limits of Law

Swedish Feminism and the Challenge to Pessimism

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Author: Åsa Gunnarsson,Eva-Maria Svensson

Publisher: Routledge

ISBN: 1317137655

Category: Law

Page: 244

View: 1451

Moving beyond the question of whether an area of scholarly investigation can truly be characterized as 'legal', Exploiting the Limits of Law combats the often unhelpful constraints of law's subject-matter and formal processes. Through a process of reflection on the limits of law and repeated efforts to redraw them, this book challenges the general sense of pessimism among feminists and others about the usefulness of law as an instrument of change. The work combines theoretical analysis of the law's boundaries with investigation of the practical settings for changing legal and policy environments. Both the empirical focus of this volume, and its underlying theoretical concern with the limits of the law and its gender implications, render it of interest to legal scholars throughout the world, whether of EU law, feminism, social policy or philosophy.

Law in Modern Society

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Author: Denis Galligan

Publisher: OUP Oxford

ISBN: 0191018864

Category: Law

Page: 400

View: 915

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.

Law's Community

Legal Theory in Sociological Perspective

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Author: Roger Cotterrell

Publisher: Oxford University Press

ISBN: 9780198264903

Category: Law

Page: 381

View: 9629

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 ofunderstanding 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 theory to identify key problems for legal development; in particular, those of restoring moralauthority 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 theorymay 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.

Realistic Socio-legal Theory

Pragmatism and a Social Theory of Law

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Author: Brian Z. Tamanaha

Publisher: Oxford University Press

ISBN: 9780198265603

Category: Law

Page: 280

View: 1860

Combining philosophical pargmatism with a methodological foundation, 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 of judicial decision making. These issues are tackled in a clear and concise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.

Exploring the 'Legal' in Socio-Legal Studies

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Author: David Cowan,Daniel Wincott

Publisher: Palgrave Macmillan

ISBN: 1137344377

Category: Law

Page: 288

View: 3143

Socio-legal studies have had an ambivalent relationship with the 'legal' – one of its defining aspects, but at the same time one that the discipline has sought to transcend or even leave behind. While socio-legal studies benefit hugely from the insights, methods and theories of other social science and humanity disciplines, the contributions to Exploring the 'Legal' in Socio-Legal Studies illustrate the value of a focus on the 'legal'. The chapters in this book combine traditional legal materials and analyses with other ways of engaging empirically with the 'legal'. They illustrate the rich potential of the 'legal' as a site both for theoretical and methodological reflection and for case study analysis. Taken as a whole, this volume demonstrates that methodological discussion is most helpful when rooted in empirical cases, and that the best case studies also help us to develop our methodologies. Bringing methodology and empirical analysis together offers an opportunity to reflect on socio-legal studies and develop the discipline in productive new directions.

A General Jurisprudence of Law and Society

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Author: Brian Z. Tamanaha

Publisher: Oxford University Press on Demand

ISBN: 9780199244669

Category: Law

Page: 263

View: 5006

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.

Law and Intersystemic Communication

Understanding ‘Structural Coupling’

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Author: Assoc Prof Gorm Harste,Professor Alberto Febbrajo

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409471470

Category: Law

Page: 378

View: 1546

With contributions from experts in the field of sociology of law, this book provides an overview of current perspectives on socio-legal studies. It focuses particularly on the relationship between law and society described in recent social systems theory as ‘structural coupling’. The first part of the book presents a reconstruction of theoretical tendencies in the field of socio-legal studies, characterised by the emergence of a transnational model of legal systems no longer connected to territorial borders and culturally specific aspects of single legal orders. In the following parts of the book, the contributions analyse some concrete cases of interrelation between law and society from an empirical and theoretical perspective.

Law as Last Resort

Prosecution Decision-making in a Regulatory Agency

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Author: Keith Hawkins

Publisher: Oxford University Press on Demand

ISBN: 9780199243891

Category: Law

Page: 483

View: 5808

This is a book about the life of the legal system. Its concern is legal decision-making, its focus the handling of prosecution cases in a regulatory agency. In almost all legal disputing formalities are employed as a last resort for a small proportion of cases. Case attrition is a constant feature in the legal system, whether criminal or civil, since extensive pre-trial negotiations search for solutions to problems that avoid the costs, risks, and delays of trial. This book analyzes the attrition of cases by studying decisions made about their creation, handling, disposal, and prosecution. Exploring these issues asks questions about the public face of law, the meaning of formal processes, and their impact on pre-trial legal manoeuvring. To prosecute is to enforce the law in both a public and a consequential way. In enforcing regulation prosecution visibly takes sides in the fundamental dilemma of regulatory control about how far law should justifiably intervene in business. Using extensive data collected over a fifteen-year period, and with privileged access to the UK Health and Safety Executive, the book presents a multi-level analysis of decisions about prosecution policy and individual cases in a variety of inspectorates.

Conducting Law and Society Research

Reflections on Methods and Practices

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Author: Simon Halliday,Patrick Schmidt

Publisher: Cambridge University Press

ISBN: 052189591X

Category: Law

Page: 288

View: 6224

This book provides students and scholars with a candid look at how empirical research projects actually happen. Focusing on the interdisciplinary Law and Society field, more than twenty interviews with authors of classic projects - from sociology, anthropology, psychology, political science, law, and history - the chapters are unique in their honesty. They help readers to understand the choices, challenges, and uncertainty that go into even some of the best research projects.