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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Sociological Perspectives on Law

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ISBN13: 9780754621287
ISBN: 0754621286
Published: March 2002
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: £365.00

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.

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Volume 1 Classical foundations: Montesquieu and sociological jurisprudence, Eugen Ehrlich; Maine's ""Ancient Law"" in the light of primitive societies, Robert Redfield; law and social change -Sumner, reconsidered, Harry V. Ball et al; Petrazycki's significance for contemporary legal and moral theory, Aleksander W. Rudzinski; unrecognized father of sociology of law - Leon Petrazycki - reflections based on Jan Gorecki's ""Sociology and Jurisprudence of Leon Petrazycki"", Adam Podgorecki; legal positivism and bourgeois materialism - Max Weber's view of the sociology of law, Martin Albrow; Max Weber's tragic modernism and the study of law in society, David Trubek; the sociology behind Eigen Ehrlich's sociology of law, Klaus A. Ziegert; law in action or living law? back to the beginning in sociology of law, David Nelken; commodity form and legal form - an essay on the ""relative autonomy"" of the law, Isaac D. Balbus; on recent Marxist theories of law, the state and juridico-political ideology, Bob Jessop; Gramsci on law, morality and power, Mark Benney; Durkheim's sociology of law, Michael Clarke; Durkheim on legal development and social solidarity, Roger Cotterell; the legal sociology of Georges Gurvitch, Pauline McDonald; N.S. Timasheff's sociology of law, David Schiff; behavioural sociology of law - a critique of Donald Black, Alan Hunt; the Habermas effect - critical theory and academic law, W.T. Murphy; between power and knowledge - Habermas, Foucault and the future of legal studies, Jonathan Simon; Derrida's justice and Foucault's freedom - ethics, history and social movements, Mariana Valverde; the ""truth"" about autopoiesis, Michael King. Volume 2 Contemporary debates: how law constitutes social life - conformity, contestation and resistance - an account of legal consciousness, Patricia Ewick and Susan Silbey, interpretive sociolegal research, Christine B. Harrington and Barbara Yngvesson, being social in socio-legal studies, Peter Fitzpatrick, a legal concept of community, Roger Cotterell; interpreting legal discourses - the poverty of evolutionism - a critique of Teubner's case for ""reflexive law"", Erhard Blankenberg, autopoiesis in law and society - a reply to Blankenberg, Gunther, Teubner, operational closure and structural coupling - the differentiation of the legal system, Niklas Luhmann, how the law thinks - towards a constructivist epistemology of law, Gunther Teubner, why must legal ideas be interpreted sociologically?, Roger Cotterell, blinding insights? the limits of a reflexive sociology of law, David Nelken, the force of law - toward a sociology of the juridicial field, Pierre Bourdieu; the new legal pluralism - justice in many rooms -courts, private ordering and indigenous law, Marc Galanter, the folly of the ""social scientific"" concept of legal pluralism, Brian Tamanaha, law and societies, Peter Fitzpatrick, law - a map of misreading - towards a postmodern conception of law, Boaventura De Sousa Santos, law and community - a new relat