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Vol 23 No 5 May/June 2018

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Law, Legal Culture and Society: Mirrored Identities of the Legal Order

Edited by: Alberto Febbrajo

ISBN13: 9781138488366
To be Published: July 2018
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00



This volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural ways in which legal cultures work in a modern society, through the metaphor of the mirror. As a mirror of society, it distinguishes between the structure and function of legal culture within the legal system, and the external representation of law in society. This duality is further problematized in relation to the increasing transnationalisation of law.

Based on a multi-level interpretation of the concept of legal culture, the work is divided into three parts: the first addresses the mutual reflections of social and legal norms that support a pluralist representation of internal legal cultures, the second concentrates on the external legal cultures that constantly enable pragmatic adjustments of the legal order to its social environment, and the third concludes the book with a theoretical discussion of the issues presented.

Subjects:
Law and Society
Contents:
Introduction - Alberto Febbrajo

PART I TOWARDS A REFLEXIVE LEGAL CULTURE
1. The Normative Anatomy of Society - Håkan Hydén
2.A Typology of Legal Cultures - Alberto Febbrajo
3. Pluripoiesis of Law and the Kaleidoscope of Legal Cultures - Pedro Rubim Borges Fortes
4. Towards a Global Legal Culture? Spaces of Law in the Transnational Constellation - Lasha Bregvadze
5. Competing Mirrors. Law’s Blind Spots in Philosophical and Social-Scientific Review - Anton Schütz

PART II ON THE MULTIDIMENSIONAL FUNCTIONING OF LEGAL SYSTEMS
6. Normative Force and Political Intelligence - André-Jean Arnaud
7. Balancing Legal Principles and Legal Topics - Tercio Sampaio Ferraz Jr.
8. Questionable Neutrality. Personal Values in Judicial Adjudication - Jack E. Meakin
9.The Leaking Law - Karl Dahlstrand
10.The Postmodern Administrative Law - Karl-Heinz Ladeur

APPENDIX
11. The Sociological Observation of the Theory and Practice of Law - Niklas Luhmann
12. Some Problems with Reflexive Law - Niklas Luhmann