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Sociological Theories of Law


ISBN13: 9781855211872
ISBN: 1855211874
Published: May 1994
Publisher: Routledge
Format: Hardback
Price: Out of print





This volume examines theories which concern legal processes in a social context. The essays cover the definitions and concept of law, a methodological perspective on law, and functional as well as social theories of contemporary law.

Contents:
Part 1 Concept of law and sociological inquiries: the sociological concept of law, Roger B.M. Cotterrell; legal institutions and social controls, Philip Selznick; the boundaries of legal sociology, Donald Black; the concept of laws in social science - a critique and notes on an expanded view, Malcolm M. Feeley; toward a theory of law in society, F. James Davis.
Part 2 Law as order inherent in social life: the sociology of law, Eugen Ehrlich; human interaction and the law, Lon L. Fuller; law and spontaneous order - Hayek's contribution to legal theory, Anthony I. Ogus.
Part 3 Law as constituted authority: definitions of law and empirical questions, Jack Gibbs; the differing realms of the law, Paul Bohannan; the sociology of secondary rules, Eric Colvin.
Part 4 Law as a condition for capitalistic economy - Max Weber's view: Max Weber on law and the rise of capitalism, David M. Trubek; formal justice and the spirit of capitalism - Max Weber's sociology of law, Sally Ewing.
Part 5 Law as reflection of capitalistic economy - Marxian view: Marxism, socialism and the theory of law, Alice Erh-Soon Tay and Eugene Kamenka; law, state and class struggle, Alan Hunt; the place of law in the Marxian structure-superstructure archetype, Alan Stone.
Part 6 Contemporary social theories about law: law and social theory - law as a social system, Niklas Luhmann; a purified sociology of law - Niklas Luhmann on the autonomy of the legal system, Hubert Rottleuthner; Habermas's approach to law, Koen Raes; substantive and reflexive elements in modern law, Gunther Teubner.