Description : 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.
Description : 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.
Description : "... a distinct, broad, but compelling framework for examining a variety of laws and social policies." —Legal Studies Forum "... a very rich volume that has something to offer to many different tastes... an excellent companion to the main textbook in a large undergraduate law-and-society course." —Contemporary Sociology No issue has captured the imagination of social scientists and legal scholars more consistently than the creation of laws. The political implications of the study of law and society often create ideological diatribes with little attention to empirical detail. In this book, legal scholars, sociologists, political scientists, and anthropologists join in an attempt to develop and refine a structural theory of law.
Description : What does it mean to adopt a sociological perspective on law? Treating law as an aspect of social life, part of a larger social environment, the aim is to understand that environment and law's place within it systematically and empirically. The papers in these two volumes should suggest something of the variety of these sociological perspectives. They have been developed in a huge literature which contains its share of classic writings. But what counts as classic is complex. Classic status has something to do with expressing a shared intellectual culture, fixing a sense of research traditions, identifying a field of enquiry, defining its outlook and its criteria of relevance, and doing these things in a specially striking way. The first volume covers Classical Foundations and consists of papers about the classics of legal sociology in this sense. The papers in the second volume have been chosen for their focus on broad current questions of theory and method. They ask how the study of law in society should be approached and how the legal and the social must be understood in general terms.
Description : 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.
Description : This collection of socio-legal studies, written by leading theorists and researchers from around the world, offers original, perceptive and critical contributions to ideas and theories that have been expounded by Roger Cotterrell over a long and distinguished career. Engaging with many classic issues and theories of the sociology of law, the contributions are likely to become classics themselves as they tackle some of the most significant challenges that modern law faces. They do not shy away from what one of the contributors describes as the complexity and multiplicity of our contemporary legal world. The book is organized in three parts: socio-legal themes; methodological and jurisprudential themes; globalization, cultural and comparative law themes. Starting with a chapter that re-engages with the need to interpret legal ideas sociologically, and ending with one that explores the global significance of modern fascination with the idea of the rule of law, this selection offers important additions to the oeuvre of Roger Cotterrell (a list of whose academic writings is included in the book).
Description : 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.
Description : The period from the fifteenth century to the late eighteenth century was one of critical importance to British constitutionalism. Although the seeds were sown in earlier eras, it was at this point that the constitution was transformed to a system of representative parliamentary government. Changes at the practical level of the constitution were accompanied by a wealth of ideas on constitutions written from different - and often competing - perspectives. Hobbes and Locke, Harrington, Hume, and Bentham, Coke, the Levellers, and Blackstone were all engaged in the constitutional affairs of the day, and their writings influenced the direction and outcome of constitutional thought and development. They treated themes of a universal and timeless character and as such have established themselves of lasting interest and importance in the history of constitutional thought. Examining their works we can follow the shaping of contemporary ideas of constitutions, and the design of constitutional texts. At the same time major constitutional change and upheaval were taking place in America and France. This was an era of intense discussion, examination, and constitution-making. The new nation of the United States looked to authors such as Locke, Hume, Harrington, and Sydney for guidance in their search for a new republicanism, adding to the development of constitutional thought and practice. This collection includes chapters examining the influences of Madison, Hamilton, Jefferson, and Adams. In France the influence of Rousseau was apparent in the revolutionary constitution, and Sieyes was an active participant in its discussion and design. Montesquieu and de Maistre reflected on the nature of constitutions and constitutional government, and these French writers drew on, engaged with, and challenged the British and American writers. The essays in this volume reveal a previously unexplored dynamic relationship between the authors of the three nations, explaining the intimate connection between ruler and ruled.
Description : Robert Dingwall and Philip Lewis’s renowned compilation of diverse studies—written by internationally recognized theorists and empirical researchers into the sociology of the professions—was groundbreaking when first published in 1983 and has influenced scholars, practitioners, and professionals since. Not limited to one occupation or field, as are most such works, this collection examines across traditional fields the idea and practice of professions and professionals. The 2014 digital edition features a substantive new Foreword by Professor Sida Liu of the University of Wisconsin–Madison. He notes that this book “is a rare effort to fully compare the two classic cases of doctors and lawyers in the professions literature. The contributors of the book include a number of prominent authors on the professions in Britain and the United States. Until today, it remains a vitally important volume for scholars and students interested in various aspects of professional life.” “Looking back,” Liu adds, “one must be struck by the extent to which theorists of professions and empirical researchers on doctors and lawyers from both the UK and US fully engage with one another throughout the book.” He concludes that the reemergence of “this excellent book three decades after its initial publication will reconfirm its status as a classic collection of essays on the professions.” The Sociology of the Professions brings together enduring work by some of the most influential writers on the sociology of the professions. It is a deliberate attempt to extend the theoretical basis of the specialty by a comparative approach, using data and interviews on medicine and law. Recognized advances in understanding the professions resulted from the work of medical sociologists on the division of labor in health care and on the relation between health services and society. Their foundation, though, appeared uncertain in the absence of comparable material on other sectors. At the same time, the sociology of law has tended to neglect the study of the profession in favor of the analysis of statutes and their effects. But law is not just what is written in legislation; it is people’s work. Our understanding of the social organization of legal services is incomplete without that perspective. The contributors to this volume are recognized authorities from a variety of fields, from the UK and US. They include Dingwall and Lewis, as well as Paul Atkinson, Maureen Cain, John Eekelaar, Eliot Freidson, Marc Galanter, Gordon Horobin, Malcolm Johnson, Geoff Mungham, Topsy Murray, Alan Paterson, Dietrich Rueschemeyer, P.M. Strong, and Philip Thomas. Their studies fall into three categories: “Professions, Knowledge and Power,” “Professional Work,” and “Professional Careers.” The volume retains a comprehensive bibliography of relevant British and US sources on the study of the professions in law, medicine, and beyond. Reviews of the original edition include: “Dingwall and Lewis have provided an exemplar of what an edited volume can be. Its comparativism, its span of European and American scholarship, its internal debates, its efforts to press into new theoretical terrain, all add to a refreshing and challenging collection. In fact, this volume would be a far better entree to the enduring questions of professions in modern societies than the limp alternatives too frequently served in its place.” — Terence Halliday in Social Forces “This anthology provides an exceptionally literate assessment of past research and a coherent statement of the research agenda for the future.” — Eve Spangler in Contemporary Sociology “There is a ... sense of excitement, as many of the contributors attempt to mark out new subjects for future research, or try out new strategies of investigation and invite the reader, or reviewer, to participate in their debates.” — Michael Burrage in Modern Law Review Also available in new paperback edition.
Description : 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.