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"Sociological jurisprudence -- Philosophy"
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The Natural Law Foundations of Modern Social Theory
After several decades in which it became a prime target for critique, universalism remains one of the most important issues in social and political thought. Daniel Chernilo reassesses social theory's universalistic orientation and explains its origins in natural law theory, using an impressive array of classical and contemporary sources that include, among others, Habermas, Leo Strauss, Weber, Marx, Hegel, Rousseau and Hobbes. The Natural Law Foundations of Modern Social Theory challenges previous accounts of the rise of social theory, recovers a strong idea of humanity, and revisits conventional arguments on sociology's relationship to modernity, the enlightenment and natural law. It reconnects social theory to its scientific and philosophical roots, its descriptive and normative tasks and its historical and systematic planes. Chernilo's defense of universalism for contemporary social theory will surely engage students of sociology, political theory and moral philosophy alike.
eBook
Law as Communication
Human interaction and communication are not only regulated by law,but such communication plays an increasing role in the making and legitimation of law, involving various kinds of participants in the communication process. The precise nature of these communications depends on the legal actors involved — for instance legislators, judges, legal scholars, and the media — and on the situations where they arise – for instance at the national and supra-national level and within or between State law and non-State law. The author argues that our conception of legal system, of democracy, of the legitimation of law and of the respective role of judges, legislators and legal scholars should be based on a pluralist and communicative approach, rather than on a monolithic and hierarchical one. This book analyses the main problems of jurisprudence from such a communicative perspective
eBook
Studies in Law, Politics, and Society
Studies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship. In this latest edition of this highly successful research series, articles examine a diverse range of legal issues and their impact on and intersections with society.
eBook
Sociology of Law
Since the classic contributions of Weber and Durkheim, the sociology of law has raised key questions on the place of law in society. Drawing together both theoretical and empirical themes, in this book Mathieu Deflem reviews the field's major accomplishments and reveals the value of the multiple ways in which sociologists study the social structures and processes of law. He discusses both historical and contemporary issues, from early theoretical foundations and the work of Weber and Durkheim, through the contribution of sociological jurisprudence, to the development of modern perspectives to clarify how sociologists study law. Chapters also look at the role of law in relation to the economy, politics, culture, and the legal profession; and aspects of law enforcement and the globalization of law. This book will appeal to scholars and students of the sociology of law, jurisprudence, social and political theory, and social and political philosophy.
eBook
Autopoietic Law
No detailed description available for \"Autopoietic Law - A New Approach to Law and Society\".
eBook
Strengthening the Theoretical Commitments Underpinning Therapeutic Jurisprudence Research: Ontology and Epistemology
Therapeutic Jurisprudence is a legal philosophy concerned with the human effects of the law. Its scholarly work promotes greater interaction between law and the social sciences to draw attention to the therapeutic and/or anti-therapeutic side-effects of law. Despite significant headway having been made in therapeutic jurisprudence scholarship during its relatively short lifespan, there remain gaps in theory, not least, in terms of the ontological and epistemological commitments that underpin and drive its research, as well as how its methodology resonates with those from its predecessor schools: legal realism and sociological jurisprudence. This essay will respond to these gaps and, in doing so, will also acknowledge some of the key similarities and differences in the methodological underpinnings of the claims from legal realism and sociological jurisprudence (as well as legal positivism and formalism).
Journal Article