Sociological Jurisprudence

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Sociological Jurisprudence

Author : Roger Cotterrell
Publisher : Routledge
Page : 429 pages
File Size : 46,6 Mb
Release : 2017-12-06
Category : Law
ISBN : 9781351683234

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Sociological Jurisprudence by Roger Cotterrell Pdf

This book presents a unified set of arguments about the nature of jurisprudence and its relation to the jurist’s role. It explores contemporary challenges that create a need for social scientific perspectives in jurisprudence, and it shows how sociological resources can and should be used in considering juristic issues. Its overall aim is to redefine the concept of sociological jurisprudence and outline a new agenda for this. Supporting this agenda, the book elaborates a distinctive juristic perspective that recognises law’s diversity of cultural meanings, its extending transnational reach, its responsibilities to reflect popular aspirations for justice and security, and its integrative tasks as a general resource of regulation for society as a whole and for the individuals who interact under law’s protection. Drawing on and extending the author’s previous work, the book will be essential reading for students, researchers and academics working in jurisprudence, law and society, socio-legal studies, sociology of law, and comparative legal studies.

A Sociology of Jurisprudence

Author : Richard Nobles,David Schiff
Publisher : Bloomsbury Publishing
Page : 258 pages
File Size : 49,7 Mb
Release : 2006-02-10
Category : Law
ISBN : 9781847311801

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A Sociology of Jurisprudence by Richard Nobles,David Schiff Pdf

Niklas Luhmann's sociological theory treats law, along with politics, economics, media and ethics, as systems of communication. His theory not only offers profound and novel insights into the character of the legal system in modern society, but also provides an explanation for the role of jurisprudence as part of that legal system. In this work the authors seek to explore and develop Luhmann's claim that jurisprudence is part of law's self-description; a part of the legal system which, as a particular kind of legal communication, orientates legal operations by explaining law to itself. This approach has the potential to illuminate many of the interminable debates amongst and between different schools of jurisprudence on topics such as the origin and/or source of law, the nature of law's determinacy or indeterminacy, and the role of justice. The authors' introduction to Luhmann's systems theory concentrates on the concept of closure and the distinct disposition of law's openness to its environment. From this beginning, the book goes on to offer a sustained and methodical application of systems theory to some of the traditional forms of jurisprudence: natural law and its relationship with legal positivism, Dworkin's version of natural law, Kelsen's version of legal positivism, and Critical Legal Studies. This application of systems theory alters our perception of jurisprudence and better enables us to understand its role within law.

Social Control Through Law

Author : Roscoe Pound
Publisher : Routledge
Page : 100 pages
File Size : 41,9 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351490412

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Social Control Through Law by Roscoe Pound Pdf

Social Control Through Law is remarkable in manner and style. Roscoe Pound shows himself to be a jurist, philosopher, and scientist. For Pound, the subject matter of law involves examining manifestations of human nature which require social control to assert or realize individual expectations. Pound formulates a list of social-ethical principles, with a three-fold purpose. First, they are meant to identify and explain human claims, demands, or interests of a given social order. Second, they express what the majority of individuals in a given society want the law to do. Third, they are meant to guide the courts in applying the law. Pound distinguishes between individual interests, public interests, and social interests. He warns that these three types of interests are overlapping and interdependent and that most claims, demands, and desires can be placed in all three categories. Pound's theory of social interests is crucial to his thinking about law and lies at the conceptual core of sociological jurisprudence. Pound explains that rights unlike interests, are plagued with a multiplicity of meanings. He rejects the idea of rights as being natural or inalienable, and argues that to the contrary, interests are natural. The contemporary significance of the book is aptly demonstrated by the skyrocketing rate of litigation in our postmodern society. As the influence of familial and religious institutions declines, the courts exert an unprecedented degree of control over the public and private lives of most Americans. Law is now the paramount agency of social control. In the new introduction, A. Javier TreviNo outlines the principal aspects of Roscoe Pound's legal philosophy as it is conveyed in several of his books, articles, and addresses, and shows their relationship to Social Control Through Law. This book is an insightful, concise summary of Pound's ideas that, after more than half a century, remains surprisingly fresh and relevant. It will doubtlessly continue to engage jurists, legal theorists, and sociologists for many years to come.

Sociological Jurisprudence

Author : Roger Cotterrell,Roger B. M. Cotterrell
Publisher : Unknown
Page : 256 pages
File Size : 45,8 Mb
Release : 2017
Category : Law
ISBN : 1351683225

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Sociological Jurisprudence by Roger Cotterrell,Roger B. M. Cotterrell Pdf

This book presents a unified set of arguments about the nature of jurisprudence and its relation to the jurist's role. It explores contemporary challenges that create a need for social scientific perspectives in jurisprudence, and it shows how sociological resources can and should be used in considering juristic issues. Its overall aim is to redefine the concept of sociological jurisprudence and outline a new agenda for this. Supporting this agenda, the book elaborates a distinctive juristic perspective that recognises law's diversity of cultural meanings, its extending transnational reach, its responsibilities to reflect popular aspirations for justice and security, and its integrative tasks as a general resource of regulation for society as a whole and for the individuals who interact under law's protection. Drawing on and extending the author's previous work, the book will be essential reading for students, researchers and academics working in jurisprudence, law and society, socio-legal studies, sociology of law, and comparative legal studies.

Jurisprudence

Author : Roscoe Pound
Publisher : Unknown
Page : 604 pages
File Size : 40,8 Mb
Release : 1959
Category : Law
ISBN : STANFORD:36105061304700

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Jurisprudence by Roscoe Pound Pdf

Social Jurisprudence in the Changing of Social Norms: Emerging Research and Opportunities

Author : Drenner, Karla L.
Publisher : IGI Global
Page : 174 pages
File Size : 44,8 Mb
Release : 2019-01-18
Category : Law
ISBN : 9781522579625

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Social Jurisprudence in the Changing of Social Norms: Emerging Research and Opportunities by Drenner, Karla L. Pdf

Equality is often trampled on by those who believe they are, in varying ways, superior. However, identifying how government systems can protect against discrimination can assist future generations in combating the harsh realities of inequality. Social Jurisprudence in the Changing of Social Norms: Emerging Research and Opportunities delivers a collection of resources dedicated to identifying sexual orientation as a protected legal class like race, color, gender, and religion using innovative research methods and the federalist responses to the LGBT movement. While highlighting topics including judicial review, LGBT politics, and social change framework, this book is ideally designed for policymakers, politicians, academicians, researchers, and students seeking current research on the analysis of legal cases that provide evidence of LGBT citizen marginalization.

Law and the Social Sciences in the Second Half Century

Author : Julius Stone
Publisher : U of Minnesota Press
Page : 129 pages
File Size : 54,9 Mb
Release : 1966
Category : Social Science
ISBN : 9780816603787

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Law and the Social Sciences in the Second Half Century by Julius Stone Pdf

The author, a distinguished authority on law, provides an illuminating and challenging discussion of the social aspects of law and legal problems. As a background to some penetrating observations, he takes stock of the contributions and interrelations of.

The Spirit of the Common Law

Author : Roscoe Pound
Publisher : Routledge
Page : 245 pages
File Size : 43,5 Mb
Release : 2018-04-24
Category : Law
ISBN : 9781351302708

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The Spirit of the Common Law by Roscoe Pound Pdf

The Spirit of the Common Law is one of Roscoe Pound's most notable works. It contains the brilliant lectures he delivered at Dartmouth College in the summer of 1921. It is a seminal book embodying the spiritual essence of sociological jurisprudence by its leading prophet. This work is both a celebration of the common law and a warning for common law judges and lawyers to return to and embrace the pragmatism and judicial empiricism that define and energize the common law. The two fundamental doctrines of the common law, Pound writes, are the doctrine of precedents and the doctrine of supremacy of law.In an earlier preface, Justice Arthur J. Goldberg writes that The Spirit of the Common Law will always be treasured by judges and lawyers for its philosophy and history, but more importantly for Roscoe Pound's optimism and faith in the capacity of law to keep up with the times without sacrificing fundamental values. It is a faith built upon the conviction that the present is not to be divorced from the past, but rather that the past and the present are to be built upon to make a better future. Neil Hamilton and Mathias Alfred Jaren provide a biographical introduction to the book. They discuss the various influences upon Pound's scholarly pursuits and they analyze many of his writings that led up to The Spirit of the Common Law. This volume is a necessary addition to the libraries of legal scholars and professionals, sociologists, and philosophers.

Sociology of Law

Author : Norman K. Denzin,Georges Gurvitch
Publisher : Routledge
Page : 236 pages
File Size : 41,7 Mb
Release : 2020-01-29
Category : Social Science
ISBN : 9781000679151

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Sociology of Law by Norman K. Denzin,Georges Gurvitch Pdf

Georges Gurvitch occupies an interesting position in the development of the sociology of law. In the period immediately preceding its quantitative expansion, he produced an explicitly conceived systematic theoretical intervention. What is particularly significant about Gurvitch's Sociology of Law at first appears as a contradiction. His work has had very little lasting impact on developments within the field of the sociology of law. At best, his existence is occasionally footnoted, but he engendered no great controversy or debate, nor does he have any active contemporary "disciples." Despite this lack of attention, Gurvitch work provides a concentrated expression of the theoretical problems that beset the field. The core of Gurvitch's sociology of law is at root a continuation of the efforts, apparent in the work of Max Weber, to resolve or integrate the dualism which is so markedly affecting law. It is the apparent dualism between law as a positive institution resting upon a framework of social power, while at the same time being a system of values or norms having some compelling internal strength and validity. Gurvitch's Sociology of Law shines as a beacon in the ongoing quest for a transformative vision of law. The new introduction by Alan Hunt discusses Gurvitch's place in the history of the sociology of law and the context in which his works should be placed. It also features a brief biography of the sociologist as well as a discussion of the central features of Gurvitch's sociology. This book will be of interest to students of sociology and law.

The Sociological Movement in Law

Author : Alan Hunt
Publisher : Unknown
Page : 200 pages
File Size : 50,6 Mb
Release : 1978
Category : Law
ISBN : UOM:39015005349835

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The Sociological Movement in Law by Alan Hunt Pdf

Jurisprudence

Author : Suri Ratnapala
Publisher : Cambridge University Press
Page : 473 pages
File Size : 49,5 Mb
Release : 2017-08-08
Category : Law
ISBN : 9781316621172

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Jurisprudence by Suri Ratnapala Pdf

"[This book offers an] overview of legal theory and philosophy...[It] examines...the discipline's major ideas, and promotes an...understanding of the social, moral and economic dimensions of the law. By locating the major traditions of jurisprudence within the history of ideas, the author deepens students' understanding of the perennial debates about the nature and function of law and its relation to justice."--

Sociology and Jurisprudence of Leon Petrażycki

Author : Jan Górecki
Publisher : Urbana : University of Illinois Press
Page : 168 pages
File Size : 45,6 Mb
Release : 1975
Category : Law
ISBN : UOM:39015019791477

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Sociology and Jurisprudence of Leon Petrażycki by Jan Górecki Pdf

Understanding Law and Society

Author : Max Travers
Publisher : Routledge
Page : 384 pages
File Size : 44,8 Mb
Release : 2009-09-10
Category : Law
ISBN : 9781135248444

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Understanding Law and Society by Max Travers Pdf

This textbook on the sociology of law is organised according to the theoretical traditions of sociology, and oriented towards providing an accessible, but sophisticated, introduction to, and overview of, the central themes, problems and debates in this field. The book employs an international range of examples - including the state, minority rights, terrorism, family violence, the legal profession, pornography, mediation, religious tolerance, and euthanasia - in order to distinguish a sociological approach to law from 'black-letter', jurisprudential and empirical policy-oriented traditions. Beginning with 'classical', 'consensus' and 'critical' sociological approaches, the book covers the full range of contemporary perspectives, including the new institutionalism, feminism, the interpretive tradition, postmodernism, legal pluralism and globalisation. It then concludes with a consideration of current theoretical issues, as well as a reflection upon the importance of a sociological approach to law. Understanding Law and Society provides a clear, but critical, discussion of the relevant literature, along with study questions and guides to further reading. It is designed to support courses in law and society and in the sociology of law, but will also be of value to others with interests in these areas.