A Sociological Theory of Law

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.

Author: Niklas Luhmann

Publisher: Routledge

ISBN: 9781135142551

Category: Law

Page: 424

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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.

Sociological Theories of Law

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.

Author: Kahei Rokumoto

Publisher: Dartmouth Publishing Company

ISBN: 1855211874

Category: Jurisprudence

Page: 466

View: 548

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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.

Sociological Approaches to Theories of Law

Woven throughout the text, the author presents a theoretically and empirically informed account of law as a social institution.

Author: Brian Z. Tamanaha

Publisher: Cambridge University Press

ISBN: 9781009293518

Category: Philosophy

Page:

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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.

The Sociology of Law

The first part of the book explores the theoretical paradigms in the sociology of law: the application and development of the ideas of the 'classical' theorists, and discussion of behaviourist theories as well as Marxian and critical legal ...

Author: Roman Tomasic

Publisher: Sage Publications

ISBN: STANFORD:36105061210170

Category: Law

Page: 275

View: 389

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The Sociology of Law highlights the major concerns of legal sociologists and provides the reader with an overview of the diversity of the field and the theoretical approaches within it. As such, it provides a useful introduction for students to the sociology of law. The first part of the book explores the theoretical paradigms in the sociology of law: the application and development of the ideas of the 'classical' theorists, and discussion of behaviourist theories as well as Marxian and critical legal studies. The second and third parts of the book examine two areas which have provided the core of the sociological study of law: the legal profession and the courts. The fourth part examines the study of policing, social control and the sociology of criminal law. It seeks to evaluate the nature of various sociological theories which have been developed in the context of policing and criminal law research. Finally, law-making and social change are examined, in particular the framing of law, the implementation of law, regulation, knowledge and opinion about law, and legal change.

Law Culture and Society

This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas.

Author: Roger Cotterrell

Publisher: Routledge

ISBN: 9781351217965

Category: Law

Page: 208

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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.

Sociological Theory and Criminological Research

INTRODUCTORY AND GENERAL COMMENTS The major theories in the sociology of crime, law, and deviance (criminology, criminal justice, and sociology of law) provide answers to sets of significant and enduring questions about behavior and ...

Author: Mathieu Deflem

Publisher: Emerald Group Publishing

ISBN: 9780762313228

Category: Social Science

Page: 289

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Annotation. This volume highlights the value of sociological theorizing in various strands of criminological research and reveals the breadth and depth of criminological sociology in its explicit and informed reliance on insights from sociological theory. It offers a range of perspectives, and theories of criminal behavior and perspectives of social control.

A Sociological Theory of Law

4 ) An adequate theory in the sociology of law should take as its primary data those middle - range syntheses of data which reflect the investigated area of social reality . The theory should not address itself to the speculative ...

Author: Adam Podgórecki

Publisher:

ISBN: STANFORD:36105061000399

Category: Law

Page: 273

View: 757

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The Sociology of Law

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.

Author: A. Javier Trevino

Publisher: Routledge

ISBN: 9781351473705

Category: Law

Page: 500

View: 258

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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.

Classical Sociological Theory

We begin with his theory of oligarchy . Political Organization and Oligarchy Sociology does not have many laws , or principles that always hold true . Michels argued in support of one : the iron law of oligarchy , or rule by a few .

Author: Bert N. Adams

Publisher: Pine Forge Press

ISBN: 0761987800

Category: Social Science

Page: 360

View: 819

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A concise, yet surprisingly comprehensive theory text, given the range of ideas, historical context, and theorists discussed. Unlike other books of the type, Classical Sociological Theory focuses on how the pivotal theories contributed not only to the development of the field, but also to the evolution of ideas concerning social life.

Sociological Theory in the Classical Era

To be sure, some students find classical sociological theory as befuddling as Alice found her conversation with the ... In its explanation and predictions regarding the movement of objects, this law extends beyond the boundaries of time ...

Author: Laura Desfor Edles

Publisher: SAGE Publications

ISBN: 9781544357607

Category: Social Science

Page: 464

View: 186

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Now available for the first time in both print and e-book formats Sociological Theory in the Classical Era, Fourth Edition is an innovative text/reader for courses in classical theory. It introduces students to important original works by sociology′s key classical theorists while providing a thorough framework for understanding these challenging readings. For each theorist, the editors supply a biographical sketch, discuss intellectual influences and core ideas, and offer contemporary applications of those ideas. In addition to the seven major theorists covered, the book also connects their work to "Significant Others"—writers and thinkers who may have derived much of their own perspectives from Marx, Durkheim, Weber, Gilman, Simmel, Du Bois, and Mead. Included with this title: The password-protected Instructor Resource Site (formally known as SAGE Edge) offers access to all text-specific resources, including a test bank and editable, chapter-specific PowerPoint® slides. Learn more.