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Vol 22 No 9 Sept/Oct 2017

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Law as a Social Institution

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Hamish RossSenior Lecturer in Law, Napier University Law School, Edinburgh

ISBN13: 9781841132303
ISBN: 1841132306
Published: June 2001
Publisher: Hart Publishing
Format: Hardback
Price: £50.00



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This work develops the rudiments of a sociological perspective on state law and legal theory. It outlines a distinctive approach to theoretical enquiry that offers an improved understanding of law as a social and institutional phenomenon. The book draws upon Max Weber's sociological and juristic writings as a context in which to explore themes arising or selectively developed from a critical reassessment of key aspects of H.L.A. Hart's theory of law. The discussion initially centres around three problematical areas or ""Gordian Knots"": essentially weaknesses in the analytical nucleus of ""The Concept of Law"", matters of misplaced emphasis and other elements that, it is argued, have obscured fundamental aspects of a perceived social reality. Using the critique as a point of departure the book explores key issues that Hart merely touched upon or seemingly passed over: the role of the (sociologically inclined) jurist, the defensibility of an ""institutional insider's"" perspective, the institutional behavioural dimension of the legal world, and the relational and social power dynamics of law-affected human behaviour.

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Contents:
Part 1 An opportunity to reflect: an opportunity to reflect; issues explored in this book; a point of departure.
Part 2 Max Weber's science of social action: Max Weber as social and legal theorist; philosophical influences in Weber; Max Weber's science of social action; towards a sociological perspective on legal theory.
Part 3 Hart's nucleic expository theory: Hart's approach to theory; ""the concept of law"" -Hart's nucleic expository theory; a basis for critique.
Part 4 Three Gordian knots: three Gordian knots; first Gordian knot - the problem of perspective; second Gordian knot - the problem of ""reductionism"" to legal rules; third Gordian knot - the problematic tendency to obscure rationality; the three Gordian knots in retrospect.
Part 5 Perspectives redefined: the first Gordian knot revisited; the sociologically inclined jurist; ""index"" as an ideal type; the official world view.
Part 6 ""Reductionism"" reassessed: the second Gordian knot revisited; normativity in action; social action and legal norms; developing legal relationality.
Part 7 Relationality reconsidered: the second and third Gordian knots revisited; the jural relation; legal relationships of social power; a basic conceptual unit.
Part 8 Towards a critical legal positivism: outline of a sociological perspective; towards a critical legal positivism.

Series: Legal Theory Today

Law After Modernity (eBook) ISBN 9781782251200
Published April 2013
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Law After Modernity ISBN 9781841130293
Published April 2013
Hart Publishing
£55.00
Observing Law through Systems Theory ISBN 9781849462181
Published December 2012
Hart Publishing
£49.99
Observing Law through Systems Theory (eBook) ISBN 9781782250128
Published December 2012
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
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Answering for Crime: Responsibility and Liability in The Criminal Law (eBook) ISBN 9781847317179
Published September 2009
Hart Publishing
£26.66 + £5.33 VAT
(ePub)
Buy
Answering for Crime: Responsibility and Liability in The Criminal Law ISBN 9781849460330
Published September 2009
Hart Publishing
£31.99
Answering for Crime: Responsibility and Liability in the Criminal Law ISBN 9781841137537
Published November 2007
Hart Publishing
£65.00
£31.99
Consent in the Law ISBN 9781841136790
Published January 2007
Hart Publishing
£65.00
Legal Norms & Normativity: An Essay in Geneology ISBN 9781841134550
Published October 2006
Hart Publishing
£45.00
Costs and Cautionary Tales: Economic Insights for the Law ISBN 9781841133690
Published April 2006
Hart Publishing
£29.99
A Sociology of Jurisprudence ISBN 9781841135984
Published February 2006
Hart Publishing
£22.99
Risks and Legal Theory ISBN 9781841130897
Published April 2004
Hart Publishing
£45.00
Risks and Legal Theory ISBN 9781841130903
Published April 2004
Hart Publishing
£19.99
Law and Aesthetics ISBN 9781841132433
Published June 2001
Hart Publishing
£50.00
Law and Aesthetics ISBN 9781841130262
Published June 2001
Hart Publishing
£21.99
Evaluation and Legal Theory ISBN 9781841130811
Published June 2001
Hart Publishing
£25.99
Law as a Social Institution
Hamish RossSenior Lecturer in Law, Napier University Law School, Edinburgh
ISBN 9781841132310
Published June 2001
Hart Publishing
£20.99
Law in Its Own Right
Henrik Palmer OlsenLecturer, Institute of Legal Science, University of Copenhagen, Denmark, Stuart ToddingtonLecturer, University of Central Lancashire, Preston
ISBN 9781841130347
Published January 2000
Hart Publishing
£50.00
Law in Its Own Right
Henrik Palmer OlsenLecturer, Institute of Legal Science, University of Copenhagen, Denmark, Stuart ToddingtonLecturer, University of Central Lancashire, Preston
ISBN 9781841130286
Published January 2000
Hart Publishing
£21.99