Law's Community: Legal Theory in Sociological PerspectiveClarendon Press, 1995 - 381 pages Annotation 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. |
Table des matières
IntroductionExplaining Laws Power | 3 |
The Sociological Concept of Law | 23 |
Law and Sociology The Constitution | 41 |
Legal Science and its Discontents | 50 |
Sociology and its Confrontations with Law | 58 |
The Past and Future of Sociology of Law | 68 |
Sociological Perspectives on Legal Closure | 91 |
Law Ideology and Power The Marxist Tradition | 113 |
Critique and Law The Legacy of the Frankfurt | 204 |
Conclusion | 216 |
Images from | 222 |
Some Implications of Legal Philosophys Images | 230 |
Image and Reality | 240 |
Feasible Regulation for Democracy and Social | 249 |
The Element of Freedom of Decision Presupposed | 262 |
What Can Law Do? | 269 |
Legality and Legitimacy The Sociology of Max Weber | 134 |
Social Foundations of the Rule of Law Franz | 160 |
The England Problem and the Rule of Law | 168 |
The Future of the Rule of Law | 175 |
Sociological Justice | 183 |
Rethinking the Durkheimian Tradition | 193 |
SocioLegal Studies Between Policy and Community | 296 |
ConclusionImagining Laws Community | 315 |
Bibliography | 339 |
367 | |
373 | |
Autres éditions - Tout afficher
Law's Community: Legal Theory in Sociological Perspective Roger B. M. Cotterrell Affichage d'extraits - 1995 |
Expressions et termes fréquents
aspects authority autonomy autopoiesis Britain central chapter character citizens claims common law complex concept of law concern contemporary context Cotterrell critical legal studies critical theory critique disciplinary discipline diverse Durkheim Durkheimian Dworkin economic empirical existence experience formal fundamental imperium important individual institutions intellectual interpretation justice kind knowledge field Law and Society law-government law's lawyers legal closure legal discourse legal doctrine legal domination legal form legal ideas legal ideology legal philosophy legal rationality legal regulation legal science legal studies legal system legal theory legal thought legislation legitimacy London Marxist moral Neumann normative Oxford particular Pashukanis perspective political possible practice principles problems processes professional rational reason recognized regulatory relations relationships Rule of Law scientific seems sense significance social theory socio-legal studies sociology of law specific structure study of law suggest theoretical tion tradition transl unity University Press values voluntas Weber