The core of Gurvitch's sociology of law is at root a continuation of the efforts, apparent in the work of Max Weber, to resolve or integrate the dualism which..

ABSTRACT‘Reading Weber’s Sociology of Law’ is a review essay of Hubert Treiber’s Reading Max Weber’s Sociology of Law. It is an exploration and evaluation of Treiber’s splendid analysis of Weber’s legal philosophy. Treiber addresses the question of the dating of Weber’s manuscripts on the sociology of law and he clarifies Weber’s four stages in the development of the law and legal practices. This review essay concludes with a comparison between Treiber’s book and those by Werner Gephart and (...) by Michel Coutu. The assessment is that Treiber’s book is an indispensable companion to the understanding of Max Weber’s sociology of law. (shrink)

Since the classic contributions of Weber and Durkheim, the sociology of law has raised key questions on the place of law in society. Drawing together both theoretical and empirical themes, in this book Mathieu Deflem reviews the field's major accomplishments and reveals the value of the multiple ways in which sociologists study the social structures and processes of law. He discusses both historical and contemporary issues, from early theoretical foundations and the work of Weber and Durkheim, through the contribution (...) of sociological jurisprudence, to the development of modern perspectives to clarify how sociologists study law. Chapters also look at the role of law in relation to the economy, politics, culture, and the legal profession; and aspects of law enforcement and the globalization of law. This book will appeal to scholars and students of the sociology of law, jurisprudence, social and political theory, and social and political philosophy. (shrink)

The innovative and revolutionary scholarship of the eminent Austrian legal theorist and professor of Roman law, Eugen Ehrlich, is of a very high..

This article is essentially theoretical and is focused on the allocative function of the legal systems to attract/reject different capitals according to their procedures to shape norms and laws. This function of the legal systems is pivotal in our times as humankind is facing a systemic and evolutionary bifurcation between the heideggerian Gegnet of a strategic, high speed convergence (i.e., Singularity) among robotics, informatics, nanotechnologies, and genetics (RINGs)?which will reshape human life in terms of its life quality styles and standards (...) especially regarding health and environment matters, and the so called Neofeudal Scenario (NS) supported by those for whom the Industrial Model failed and the only way to save humankind and its environment would be a kind return to a Medieval life style based on a slow pace of life and austerity. This article provides an overview of the most important and recent international references regarding the two alternatives of bifurcation and describes a potential paradigm shift inside the systemic approach to reframe the conceptual map of global change through a systemic epistemology of the sociology of law. (shrink)

This book’s basic hypothesis – which it proposes to test with a cognitive-sociological approach – is that legal behavior, like every form of human behavior, is directed and framed by biosocial constraints that are neither entirely genetic nor exclusively cultural. As such, from a sociological perspective the law can be seen as a super-meme, that is, as a biosocial constraint that develops only in complex societies. This super-meme theory, by highlighting a fundamental distinction between defensive and assertive biases, might explain (...) the false contradiction between law as a static and historical phenomenon, and law as a dynamic and promotional element. Socio-legal scholars today have to face the challenge of pursuing a truly interdisciplinary approach, connecting all the fields that can contribute to building a modern theory of normative behavior and social action. Understanding and framing concepts such as rationality, emotion, or justice can help to overcome the significant divide between micro and macro sociological knowledge. Social scientists who are interested in the law must be able to master the epistemological discourses of different disciplines, and to produce fruitful syntheses and bridge-operations so as to understand the legal phenomenon from each different point of view. The book adopts four perspectives: sociological, psychological, biological-evolutionary and cognitive. All of them have the potential to be mutually integrated, and constitute that general social science that provides common ground for exchange. The goal is to arrive at a broad and integrated view of the socio-legal phenomenon, paving the way for a comprehensive theory of norm-oriented and norm-perceived actions. (shrink)

There is more to law than rules, robes and precedents. Rather, law is an integral part of social practices and policies, as diverse and complex as society itself. Thinking About Law offers a comprehensive introduction to the ways in which law has been presented and represented. It explores historical, sociological, economic and philosophical perspectives on the major legal and political debates in Australia today. The contributors examine the position of Aborigines in the Australian legal system and the impact of the (...) Mabo case; divisions of power in Australian society and law; the question of objectivity in law; the relationship between legislation and social change; judicial decision-making and other issues. Accessibly written, Thinking About Law is essential reading for students and anyone interested in understanding our legal system. (shrink)

1. The number of jurists who have written books on Max Weber, especially on his sociology of law, is manageable. Even more limited is the number of those who have been involved in translating Weber...

Law and the Formation of Modern Europe explores processes of legal construction in both the national and supranational domains, and it provides an overview of the modern European legal order. In its supranational focus, it examines the sociological pressures which have given rise to European public law, the national origins of key transnational legal institutions and the elite motivations driving the formation of European law. In its national focus, it addresses legal questions and problems which have assumed importance in parallel (...) fashion in different national societies, and which have shaped European law more indirectly. Examples of this are the post-1914 transformation of classical private law, the rise of corporatism, the legal response to the post-1945 legacy of authoritarianism, the emergence of human rights law and the growth of judicial review. This two-level sociological approach to European law results in unique insights into the dynamics of national and supranational legal formation. (shrink)

Good,No Highlights,No Markup,all pages are intact, Slight Shelfwear,may have the corners slightly dented, may have slight color changes/slightly damaged spine.

In Between Facts and Norms (1996) Habermas presents the more straightforward normative discourse theory of law and democracy, in terms of contemporary legal orders, and then examines, in terms of social theory, whether the theory is plausible, given the complex nature of today’s conditions. The following article focuses in particular on Habermas’ social theory. It is critical of Habermas’ idea of ‘the lifeworld’ and discusses whether the circulation-of-power model might be mapped onto the system–lifeworld model.

The first work to introduce Foucault's ideas on law to both graduates and undergraduates.

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. (shrink)

Although much recent social science and humanities work has been a revolt against simplification, this volume explores the contrast between simplicity and complexity to reveal that this dichotomy, itself, is too simplistic. John Law and Annemarie Mol have gathered a distinguished panel of contributors to offer—particularly within the field of science studies—approaches to a theory of complexity, and at the same time a theoretical introduction to the topic. Indeed, they examine not only ways of relating to complexity but complexity _in (...) practice._ Individual essays study complexity from a variety of perspectives, addressing market behavior, medical interventions, aeronautical design, the governing of supranational states, ecology, roadbuilding, meteorology, the science of complexity itself, and the psychology of childhood trauma. Other topics include complex wholes in the sciences, moral complexity in seemingly amoral endeavors, and issues relating to the protection of African elephants. With a focus on such concepts as multiplicity, partial connections, and ebbs and flows, the collection includes narratives from Kenya, Great Britain, Papua New Guinea, the Netherlands, France, and the meetings of the European Commission, written by anthropologists, economists, philosophers, psychologists, sociologists, and scholars of science, technology, and society. _Contributors._ Andrew Barry, Steven D. Brown, Michel Callon, Chunglin Kwa, John Law, Nick Lee, Annemarie Mol, Marilyn Strathern, Laurent Thévenot, Charis Thompson. (shrink)

The present paper addresses the mutual relationship between society and law in shaping women’s law in Islam from the perspective of the sociology of law. It analyzes the role of pre-Islamic social, political, and economic structures in the Arabian Peninsula in modeling women’s law and highlights some customary laws which were rejected or revived and integrated in Islamic jurisprudence. In this regard, the paper reviews issues such as polygyny, rights to inheritance, marriage, the process of testimony and acceptable forms (...) of evidence in legal matters, diyya, the exclusion of women from the judiciary and the system of issuing fatwa, natural right of guardianship of underage children after divorce, and regulations related to the veil. Finally, referring to the manner of the Prophet of Islam, the paper suggests that ʿurf can be considered as a source of Islamic legislation alongside other commonly known sources of fiqh. (shrink)

This book elaborates a new framework for considering and understanding the relationship between law and memory. How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this (...) field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of 'legal institutions of memory'. It then elaborates the functioning of such institutions through a range of examples - taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland - that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation. This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics. (shrink)

A satisfactory sociology of markets requires that both order and disorder in markets be addressed, yet sociologists have seemed more concerned with theorizing market stability and order. Change, however, is too fundamental a part of markets to receive so little sociological attention. One perspective that provides a fertile ground for moving ahead with developing an agenda for studying both stability and change in markets is American pragmatist social theory. This article therefore examines the influence of a pragmatist viewpoint on (...) two broad modern theoretical approaches that have implications for the sociology of markets, one focused on stabilization processes, the other on institutional designs for promoting change. Most particularly, it draws on work carried out from a pragmatist viewpoint and illustrates a pragmatic approach to change in markets using the case of the EU’s Forest, Law Enforcement, Governance and Trade (FLEGT) action plan and initiative. (shrink)

This article focuses on two developments in nineteenth-century (philosophy of) social science: Moritz Lazarus’s and Heymann Steinthal’s Völkerpsychologie and Georg Simmel’s early sociology of knowledge. The article defends the following theses. First, Lazarus and Steinthal wavered between a “strong” and a “weak” program for Völkerpsychologie. Ingredients for the strong program included methodological neutrality and symmetry; causal explanation of beliefs based on causal laws; a focus on groups, interests, tradition, culture, or materiality; determinism; and a self-referential model of social institutions. (...) Second, elements of the weak program were the blurring of explanatory and normative interests, an emphasis on freedom of the will, and antirelativism and antimaterialism. Third, later research projects keeping the label “Völkerpsychologie” followed the weak program. Fourth, in the 1880s and 1890s, Simmel tried to build on some of the elements of the strong program. Finally, and fifth, part of the explanation for why Simmel did not succeed in his attempt had to do with the social-political situation of German academia around 1900. (shrink)

Law has been a close partner to sociology from its very beginning, and the partnership often has proven to be extremely prolific for sociology. Grand theories as well as vital conceptual tools can be counted among its offspring. Both disciplines share the common ground of socio-legal studies, which has developed into a nearly independent interdisciplinary enterprise where legal scholars and sociologists happily meander between the normative and the analytical. From the vast array of topics in the field of (...) socio-legal studies I select the sociology of criminal justice and punishment in order to demonstrate the characteristics of this relationship. The partnership between sociology and law emerged as part of the modernization project in the 19th and 20th centuries, and the sociology of punishment was part of this endeavour. Rooted in a strong tradition of old (Durkheim) and new (Elias, Foucault) classics, recent developments in this field are leaving the idea of an `unproblematically modern punishment' (Whitman, 2005a) behind, and new fields of inquiry for comparative lawyers and sociologists are opening up. (shrink)

Radical Philosophy of Law represents a cross section of contemporary critiques of the legal establishment—its theoretical foundations and its institutions and processes. Recognizing that proposals for alternatives to mainstream legal theory and practice do not belong to any single discipline, Caudill and Gold select essays by scholars in philosophy, sociology, criminology, and political theory, in addition to law professors and practitioners. Recognizing, as well, that no single perspective dominates radical legal theory, the essays exemplify the approaches associated with Marxian (...) and neo-Marxian analyses, American Critical Legal Studies and Critical Race Theory, radical feminism, semiotics, liberal theology, and psychoanalytic theory and criticism. (shrink)