Sociological Approaches To Theories Of Law

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Sociological Approaches to Theories of Law

Author : Brian Z. Tamanaha
Publisher : Cambridge University Press
ISBN 13 : 1009293516
Total Pages : 137 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis Sociological Approaches to Theories of Law by : Brian Z. Tamanaha

Download or read book Sociological Approaches to Theories of Law written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2022-06-23 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sociological Approaches to Theories of Law applies empirical insights to examine theories of law proffered by analytical jurisprudents. The topics covered include artifact legal theory, law as a social construction, idealized accounts of the function of law, the dis-embeddeness of legal systems, the purported guidance function of law, the false social efficacy thesis, missteps in the quest to answer 'What is law?', and the relationship between empiricism and analytical jurisprudence. The analysis shows that on a number of central issues analytical jurisprudents assert positions inconsistent with the social reality of law. Woven throughout the text, the author presents a theoretically and empirically informed account of law as a social institution. The overarching theme is that philosophical claims about the nature of law can be tested and improved through greater empirical input.

Law and Society

Author : James J. Chriss
Publisher : SAGE Publications
ISBN 13 : 1483358194
Total Pages : 281 pages
Book Rating : 4.4/5 (833 download)

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Book Synopsis Law and Society by : James J. Chriss

Download or read book Law and Society written by James J. Chriss and published by SAGE Publications. This book was released on 2019-07-23 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text introduces students to the study of law from a sociological perspective by focusing on four themes: the relationship between law and society; law in everyday life; the role of race, class and gender in the legal system; and current political debates that are connected to law. While explaining the essentials elements of law, and drawing on scholarly literature and relevant cases, the author does not advocate for normative views on law and the legal system. The text compares laws across various societies, discusses international law, and demonstrates how the laws of certain countries affect those of others--providing readers with insights into the nature of law within any society.

The Sociology of Law

Author : A. Javier Trevino
Publisher : Routledge
ISBN 13 : 1351473700
Total Pages : 500 pages
Book Rating : 4.3/5 (514 download)

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Book Synopsis The Sociology of Law by : A. Javier Trevino

Download or read book The Sociology of Law written by A. Javier Trevino and published by Routledge. This book was released on 2017-07-12 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law's Community

Author : Roger Cotterrell
Publisher : Oxford University Press
ISBN 13 : 9780198264903
Total Pages : 404 pages
Book Rating : 4.2/5 (649 download)

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Book Synopsis Law's Community by : Roger Cotterrell

Download or read book Law's Community written by Roger Cotterrell and published by Oxford University Press. This book was released on 1995 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays seek to re-locate the relationship between the traditional concerns of legal theory and the sociology of law by establishing a consistent theoretical approach to the analysis of law in contemporary Western societies.

Sociological Approaches to Law

Author : Adam Podgórecki
Publisher : Taylor & Francis
ISBN 13 : 9780709927013
Total Pages : 251 pages
Book Rating : 4.9/5 (27 download)

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Book Synopsis Sociological Approaches to Law by : Adam Podgórecki

Download or read book Sociological Approaches to Law written by Adam Podgórecki and published by Taylor & Francis. This book was released on 1981 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Sociological Theory of Law

Author : Niklas Luhmann
Publisher : Routledge
ISBN 13 : 1135142637
Total Pages : 480 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis A Sociological Theory of Law by : Niklas Luhmann

Download or read book A Sociological Theory of Law written by Niklas Luhmann and published by Routledge. This book was released on 2013-10-30 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Niklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern 'positive' – as opposed to ‘natural’ – law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow.

A Sociology of Jurisprudence

Author : Richard Nobles
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311806
Total Pages : 264 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis A Sociology of Jurisprudence by : Richard Nobles

Download or read book A Sociology of Jurisprudence written by Richard Nobles and published by Bloomsbury Publishing. This book was released on 2006-02-10 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Niklas Luhmann's sociological theory treats law, along with politics, economics, media and ethics, as systems of communication. His theory not only offers profound and novel insights into the character of the legal system in modern society, but also provides an explanation for the role of jurisprudence as part of that legal system. In this work the authors seek to explore and develop Luhmann's claim that jurisprudence is part of law's self-description; a part of the legal system which, as a particular kind of legal communication, orientates legal operations by explaining law to itself. This approach has the potential to illuminate many of the interminable debates amongst and between different schools of jurisprudence on topics such as the origin and/or source of law, the nature of law's determinacy or indeterminacy, and the role of justice. The authors' introduction to Luhmann's systems theory concentrates on the concept of closure and the distinct disposition of law's openness to its environment. From this beginning, the book goes on to offer a sustained and methodical application of systems theory to some of the traditional forms of jurisprudence: natural law and its relationship with legal positivism, Dworkin's version of natural law, Kelsen's version of legal positivism, and Critical Legal Studies. This application of systems theory alters our perception of jurisprudence and better enables us to understand its role within law.

In Search of Law

Author : Vilhelm Aubert
Publisher : Barnes & Noble
ISBN 13 :
Total Pages : 204 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis In Search of Law by : Vilhelm Aubert

Download or read book In Search of Law written by Vilhelm Aubert and published by Barnes & Noble. This book was released on 1983 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Sociological Theories of Law

Author : Kahei Rokumoto
Publisher : Dartmouth Publishing Company
ISBN 13 : 9781855211872
Total Pages : 466 pages
Book Rating : 4.2/5 (118 download)

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Book Synopsis Sociological Theories of Law by : Kahei Rokumoto

Download or read book Sociological Theories of Law written by Kahei Rokumoto and published by Dartmouth Publishing Company. This book was released on 1994 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines theories which concern legal processes in a social context. The essays cover the definitions and concept of law, a methodological perspective on law, and functional as well as social theories of contemporary law.

Realistic Socio-legal Theory

Author : Brian Z. Tamanaha
Publisher : Oxford University Press
ISBN 13 : 9780198265603
Total Pages : 304 pages
Book Rating : 4.2/5 (656 download)

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Book Synopsis Realistic Socio-legal Theory by : Brian Z. Tamanaha

Download or read book Realistic Socio-legal Theory written by Brian Z. Tamanaha and published by Oxford University Press. This book was released on 1997 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 andconcise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.

The Scope and Purpose of Sociological Jurisprudence

Author : Roscoe Pound
Publisher :
ISBN 13 :
Total Pages : 92 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis The Scope and Purpose of Sociological Jurisprudence by : Roscoe Pound

Download or read book The Scope and Purpose of Sociological Jurisprudence written by Roscoe Pound and published by . This book was released on 1911 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Talcott Parsons on Law and the Legal System

Author : A. Javier Treviño
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527565459
Total Pages : 425 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis Talcott Parsons on Law and the Legal System by : A. Javier Treviño

Download or read book Talcott Parsons on Law and the Legal System written by A. Javier Treviño and published by Cambridge Scholars Publishing. This book was released on 2021-02-03 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the great ironies in contemporary sociology of law is that despite Talcott Parsons’s enormously influential role as “the midwife of modern sociology,” coupled with his three decades of focused and sustained analysis of the legal system’s location in a total and complex society, it is nothing short of appalling that his particular social systems approach to law has been largely neglected. Indeed, although Parsons made only cursory mention of law in some of his best-known works, he extensively discussed the role of the legal system in no less than five important papers and two somewhat lengthy book reviews. What is more, in the two slim paperbacks where Parsons applies his cybernetic systems theory in explaining the progression from premodern to modern societies, he considers law to be an essential element in the analysis of just about every society under consideration: ancient Egypt and the Mesopotamian empires; China, India, and the Islamic empires; the Roman empire; Israel and Greece; medieval Western Christendom; the United States. This volume, the first of its kind, is the most complete articulation of Parsons’s treatment of the U.S. legal system’s nature and function during the late-twentieth century. In addition to a lengthy Introduction by the editor, the book consists of 26 readings, taken from the full range of Parsons’s books and papers, which, in toto, render a detailed analytical roadmap that can today guide much of our sociological thinking concerning such contemporary social issues related to law as citizenship, trust, and governmentality. More than this, Parsons’s writings on the courts and the legal profession—both of which he believed to constitute the core of an integrative U.S. citizenry—can inform policy-makers’ decisions concerning such controversial issues as immigration, civil rights, and legal ethics.

Law, Culture and Society

Author : Roger Cotterrell
Publisher : Routledge
ISBN 13 : 1351217968
Total Pages : 317 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Law, Culture and Society by : Roger Cotterrell

Download or read book Law, Culture and Society written by Roger Cotterrell and published by Routledge. This book was released on 2017-10-03 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources. The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.

Fundamental Principles of the Sociology of Law

Author : Eugen Ehrlich
Publisher : New York : Arno Press, 1975 [c1936]
ISBN 13 :
Total Pages : 602 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Fundamental Principles of the Sociology of Law by : Eugen Ehrlich

Download or read book Fundamental Principles of the Sociology of Law written by Eugen Ehrlich and published by New York : Arno Press, 1975 [c1936]. This book was released on 1975 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the auhtor attempts to show that statute law does not explain the whole nature of law. He urges that the law as expressed in judicial decisions should be distinguished from law as expressed in social conduct.

A Sociology of Jurisprudence

Author : Richard Nobles
Publisher :
ISBN 13 : 9781472563552
Total Pages : 249 pages
Book Rating : 4.5/5 (635 download)

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Book Synopsis A Sociology of Jurisprudence by : Richard Nobles

Download or read book A Sociology of Jurisprudence written by Richard Nobles and published by . This book was released on 2006 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Niklas Luhmann's sociological theory treats law, along with politics, economics, media and ethics, as systems of communication. His theory not only offers profound and novel insights into the character of the legal system in modern society, but also provides an explanation for the role of jurisprudence as part of that legal system. In this work the authors seek to explore and develop Luhmann's claim that jurisprudence is part of law's self-description; a part of the legal system which, as a particular kind of legal communication, orientates legal operations by explaining law to itself. This ap.

Understanding Law and Society

Author : Max Travers
Publisher : Routledge
ISBN 13 : 1135248443
Total Pages : 384 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis Understanding Law and Society by : Max Travers

Download or read book Understanding Law and Society written by Max Travers and published by Routledge. This book was released on 2009-09-10 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook on the sociology of law is organised according to the theoretical traditions of sociology, and oriented towards providing an accessible, but sophisticated, introduction to, and overview of, the central themes, problems and debates in this field. The book employs an international range of examples - including the state, minority rights, terrorism, family violence, the legal profession, pornography, mediation, religious tolerance, and euthanasia - in order to distinguish a sociological approach to law from 'black-letter', jurisprudential and empirical policy-oriented traditions. Beginning with 'classical', 'consensus' and 'critical' sociological approaches, the book covers the full range of contemporary perspectives, including the new institutionalism, feminism, the interpretive tradition, postmodernism, legal pluralism and globalisation. It then concludes with a consideration of current theoretical issues, as well as a reflection upon the importance of a sociological approach to law. Understanding Law and Society provides a clear, but critical, discussion of the relevant literature, along with study questions and guides to further reading. It is designed to support courses in law and society and in the sociology of law, but will also be of value to others with interests in these areas.

A General Jurisprudence of Law and Society

Author : Brian Z. Tamanaha
Publisher : Oxford University Press on Demand
ISBN 13 : 9780199244676
Total Pages : 263 pages
Book Rating : 4.2/5 (446 download)

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Book Synopsis A General Jurisprudence of Law and Society by : Brian Z. Tamanaha

Download or read book A General Jurisprudence of Law and Society written by Brian Z. Tamanaha and published by Oxford University Press on Demand. This book was released on 2001 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: A General Jurisprudence of Law and Society is a theoretical and sociological exploration of the relationship between law and society. 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. It then engages in a theoretical and empirical critique of this common understanding. The theoretical critique exposes the mythical quality of the two most often repeated theories about the emergence of law, the evolutionary theory and the social contract theory. It also discusses a fundamental shift, resulting from Enlightenment ideas about reason and morality, in the theoretical understanding of the relationship between morality and law. The empirical critique covers various subjects, primarily including the impact of legal transplantation and globalization. Brian Z. Tamanaha then constructs an alternative universally applicable framework with which to understand the relationship between law and society. The core component to this framework is a non-essentialist approach to the concept of law, which provides a basis for understanding of the phenomenon of legal pluralism. Finally, the book articulates how this framework would operate in facilitating our ability to study, understand, and criticize the relationship between law andsociety in a variety of contexts around the world today. In addition to illuminating the relationship between law and society, a key aspect of the argument of this book is to construct an approach to law that integrates legal theory with sociological approaches to law.