Law's Community: Legal Theory in Sociological Perspective

Couverture
Clarendon 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
Author Index
367
Subject Index
373
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À propos de l'auteur (1995)

Roger Cotterrell is at Queen Mary and Westfield College, University of London.

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