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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
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Law, Culture and Society: Legal Ideas in the Mirror of Social Theory (eBook)

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ISBN13: 9781409493105
ISBN: 0754625117
Published: September 2006
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: eBook (ePub)
Price: £30.00 + £6.00 VAT
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This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources.

The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.

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Jurisprudence, eBooks, Law and Society
Introduction: approaching law. Perspectives (Legal and Social Theory): Law and social theory
Legal philosophy and legal pluralism
Why must legal ideas be interpreted sociologically?
A legal concept of community. Applications (Comparative Law and Culture): The concept of legal culture
Law in culture
Is there a logic of legal transplants?
Sociology and comparative law
Interpretation in comparative law
Conclusion: Frontiers of community