Fundamental Principles of the Sociology of Law

Author: Eugene Ehrlich

Publisher: Routledge

ISBN: 1351518348

Category: Social Science

Page: N.A

View: 9902

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The innovative and revolutionary scholarship of the eminent Austrian legal theorist and professor of Roman law, Eugen Ehrlich (1862-1922), is of a very high caliber. His work has not only held its place well in view of what legal theory, especially sociological legal theory, has to offer, but is also still a powerful challenge to positions in legal theory that are no longer defensible. The sociology of law has followed in a direct line of succession from Ehrlich's observations and ideas as a new and special discipline linking jurisprudence with sociology.

Sociology of Law

Author: Georges Gurvitch

Publisher: Transaction Publishers

ISBN: 9781412834766

Category: Social Science

Page: 314

View: 7560

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The core of this book is a continuation of the efforts, apparent in the work of Max Weber, to resolve or integrate the dualism which is affecting law. The introduction discusses the author's place in the history of the sociology of law and the context in which his works should be placed.

Social Control Through Law

Author: Roscoe Pound

Publisher: Transaction Publishers

ISBN: 9781560009160

Category: Law

Page: 138

View: 9190

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In Social Control Through Law Roscoe 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.

Classic Writings in Law and Society

Second Edition, Revised and Expanded

Author: A. Javier Trevino

Publisher: Transaction Publishers

ISBN: 1412844606

Category: Social Science

Page: 388

View: 2849

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This volume consists of outstanding essays by contemporary scholars and specialists on classic writings in law and society. This second edition expands the previous volume by adding additional statements. Included are commentaries on Edward A. Ross’s Social Control: A Survey of the Foundations of Order, Karl N. Llewellyn’s Jurisprudence: Realism in Theory and Practice, Jerome Frank’s Law and the Modern Mind, Leon Petrazycki’s Law and Morality, and Karl Renner’s The Institutions of Private Law and their Social Functions. The goal of Classic Writings in Law and Society is to acquaint a new generation of students with classic writings by diverse social and legal scholars—ranging from Henry Sumner Maine, Oliver Wendell Holmes, Jr., and Hans Kelsen to Eugen Ehrlich, Nicholas S. Timasheff, and Richard Quinney. This work continues to demonstrate their contemporary theoretical relevance. Accordingly, each chapter speaks of the scholars’ work in general, how the particular book under consideration fits into that corpus, and how the book is assessed in a present day context. These essays have a clear relation to the "classic" tradition in sociolegal thought. Reading the classics is useful in gaining a better understanding and appreciation of the essential foundation for a post-classic approach in law and social inquiry—an approach that can be found in such orientations as critical legal studies, chaos theory in law, and legal semiotics. Classic Writings in Law and Society includes commentaries that consider early writings that set the standard for the social scientific approach in examining issues of law and punishment, social control, joint stock companies, business firms and nation-states in the study of law and society.

An Introduction to the Sociology of Law

Author: Nicholas Sergeyevitch Timasheff

Publisher: Transaction Publishers

ISBN: 9780765807298

Category: Law

Page: 418

View: 9125

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"A continuing thread in Introduction is Timasheff's interest in the dialectical interplay between the positive law and the living law. What is more, he discusses at length what he considers to be the essential systems of thought and action in the social sciences. Timasheff sees sociology's purpose as the study of similar, related, or clusters of social phenomena. Accordingly, Timasheff's focus is principally on the law's causal reality."--BOOK JACKET.

General Theory of Law and State

Author: Hans Kelsen

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584777176

Category: Law

Page: 516

View: 8582

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Reprint of the first edition. This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.

Philosophy of Law

A Very Short Introduction

Author: Raymond Wacks

Publisher: Oxford University Press

ISBN: 0199687005

Category: Law

Page: 150

View: 2008

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The concept of law lies at the heart of our social and political life, shaping the character of our community and underlying issues from racism and abortion to human rights and international war. The revised edition of this Very Short Introduction examines the central questions about law's relation to justice, morality, and democracy.

Living law

reconsidering Eugen Ehrlich

Author: M. L. M. Hertogh

Publisher: Hart Pub

ISBN: 9781841138978

Category: Law

Page: 280

View: 9868

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Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many as one of the 'founding fathers' of modern sociology of law. Although the importance of his work (including his concept of 'living law')

Toward a New Legal Common Sense

Law, Globalization, and Emancipation

Author: Boaventura de Sousa Santos

Publisher: Cambridge University Press

ISBN: 9780406949974

Category: Law

Page: 565

View: 4816

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The text emphasises a need for reconstruction of legality based on locality, nationality and globality.

Sociological Constitutionalism

Author: Paul Blokker,Chris Thornhill

Publisher: Cambridge University Press

ISBN: 1107124042

Category: Law

Page: 300

View: 5545

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This landmark book provides the first systematic overview of the key scholarly contributions in an emerging field of research on constitutionalism: the sociology of constitutions. It presents chapters offering very different normative and methodological approaches to constitutions, ranging from analysis of national constitutional law, to research on transnational legal forms, to discussions of the constitutional impact of international human rights law. The book makes an important contribution to a series of wider debates - spanning constitutional law, legal theory, comparative constitutionalism, sociology, and political science - about the changing nature of constitutionalism. Researchers and students in constitutional law will gain a comprehensive appreciation of a diverse range of distinctively sociological approaches to constitutional law and an in-depth understanding of distinctive sociological dimensions of constitutions. The book offers new insights into the sources of constitutional normativity in society and it proposes different sociological methods for addressing them.

Interpretations of Legal History

Author: Roscoe Pound

Publisher: Cambridge University Press

ISBN: 1107698197

Category: Law

Page: 192

View: 7778

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Nathan Roscoe Pound (1870-1964) was an American legal scholar and jurist who held the position of Dean of Harvard Law School from 1916 to 1936. Originally published in 1923, this book presents a critical history of various aspects of juristic thought as it developed in England and other countries. The text was based upon a series of lectures delivered by Pound at Trinity College, Cambridge during the Lent Term of 1922. Detailed notes are included in the main body of the text. This book will be of value to anyone with an interest in Pound and perspectives on legal history.

Sex, Law, and Society in Late Imperial China

Author: Matthew Harvey Sommer

Publisher: Stanford University Press

ISBN: 0804745595

Category: Social Science

Page: 413

View: 6631

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This study of the regulation of sexuality in the Qing dynasty explores the social context for sexual behavior criminalized by the state, showing how regulation shifted away from status to a new regime of gender that mandated a uniform standard of sexual morality and criminal liability for all people, regardless of their social status.

Inside Immigration Law

Migration Management and Policy Application in Germany

Author: Dr Tobias G Eule

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409470156

Category: Law

Page: 172

View: 2911

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Inside Immigration Law analyses the practice of implementing immigration law, examining the different political and organisational forces that influence the process. Based on unparalleled academic access to the German migration management system, this book provides new insights into the ‘black box’ of regulating immigration, revealing how the application of immigration law to individual cases can be chaotic, improvised and sometimes arbitrary, and either informed or distorted by the complex, politically laden and changeable nature of both German and EU immigration laws. Drawing on extensive empirical material, including participant observation, interviews and analyses of public as well as confidential documents in German immigration offices, Inside Immigration Law unveils the complex practices of decision-making and work organisation in a politically contested environment. A comparative, critical evaluation of the work of offices that examines the discretion and client interactions of bureaucrats, the management of legal knowledge and symbolism and the relationships between immigration offices and external political forces, this book will be of interest to sociologists, legal scholars and political scientists working in the areas of migration, integration and the study of work and organisations.

Social Work, Law and Ethics

Author: Jonathan Dickens

Publisher: Routledge

ISBN: 1136211128

Category: Medical

Page: 208

View: 7594

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Law and ethics are two vital aspects of social work – all social workers need to practise according to the law and their codes of ethics and conduct. However, the relationship between the law and social work values and ethics is not without its tensions and this book takes a problem-based approach to explore the dilemmas and challenges that can arise. The first part of the book sets out frameworks for thinking about the law and ethics, and how they relate to social work. It also introduces some of the big philosophical and sociological questions about the purposes of law and of ethics and how they relate to society more generally. In the second part, the book explores a series of areas where profound dilemmas arise – such as end-of-life decisions, respecting peoples’ choices but ensuring their safety and that of others, responsibility and blame, making allowance for different cultural traditions and breaking confidentiality. In each of the problem-based chapters, this accessible text: outlines the relevant law discusses court judgments in leading cases considers the implications of different ethical frameworks pulls out key ethical questions and challenges for social work. Social Work, Law and Ethics highlights what the law says and what it offers, what ethical principles are at stake, and what these imply for social work policy and practice. In this way, it uses real-life scenarios to analyse the dynamic interactions of social work, law and ethics. It is essential reading for all social work students.

Jurisprudence Lawcards 2012-2013

Author: Routledge,

Publisher: Routledge

ISBN: 1136595546

Category: Law

Page: 184

View: 1119

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Routledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn’t you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams Diagrams and flowcharts clarify and condense complex and important topics '...an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic.' - Lex Magazine Routledge Lawcards are supported by a Companion Website offering: Flashcard glossaries allowing you to test your understanding of key terms and definitions Multiple Choice Questions to test and consolidate your revision of each chapter Advice and tips to help you better plan your revision and prepare for your exams Titles in the Series: Commercial Law; Company Law; Constitutional Law; Contract Law; Criminal Law; Employment Law; English Legal System; European Union Law; Evidence; Equity and Trusts; Family Law; Human Rights; Intellectual Property Law; Jurisprudence; Land Law; Tort Law

Critique of the Legal Order

Crime Control in Capitalist Society

Author: Richard Quinney

Publisher: Transaction Publishers

ISBN: 9781412820752

Category: Law

Page: 206

View: 615

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Originally published thirty years ago, Critique of the Legal Order remains highly relevant for the twenty-first century. Here Richard Quinney provides a critical look at the legal order in capitalist society. Using a traditional Marxist perspective, he argues that the legal order is not intended to reduce crime and suffering, but to maintain class differences and a social order that mainly benefits the ruling class. Quinney challenges modern criminologists to examine their own positions. As "ancillary agents of power," criminologists provide information that governing elites use to manipulate and control those who threaten the system. Quinney's original and thorough analysis of "crime control bureaucracies" and the class basis of such bureaucracies anticipates subsequent research and theorizing about the "crime control industry," a system that aims at social control of marginalized populations, rather than elimination of the social conditions that give rise to crime. He forcefully argues that technology applied to a "war against crime," together with academic scholarship, is used to help maintain social order to benefit a ruling class. Quinney also suggests alternatives. Anticipating the work of Noam Chomsky, he suggests we must first overcome a powerful media that provides a "general framework" that serves as the "boundary of expression." Chomsky calls this the manufacture of consent by providing necessary illusions. Quinney calls for a critical philosophy that enables us to transcend the current order and seek an egalitarian socialist order based upon true democratic principles. This core study for criminologists should interest those with a critical perspective on contemporary society.

Positioning Synthetic Biology to Meet the Challenges of the 21st Century

Summary Report of a Six Academies Symposium Series

Author: Committee on Science, Technology, and Law,Policy and Global Affairs,Board on Life Sciences,Division on Earth and Life Studies,National Academy of Engineering,National Research Council

Publisher: National Academies Press

ISBN: 0309225841

Category: Science

Page: 59

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Synthetic biology -- unlike any research discipline that precedes it -- has the potential to bypass the less predictable process of evolution to usher in a new and dynamic way of working with living systems. Ultimately, synthetic biologists hope to design and build engineered biological systems with capabilities that do not exist in natural systems -- capabilities that may ultimately be used for applications in manufacturing, food production, and global health. Importantly, synthetic biology represents an area of science and engineering that raises technical, ethical, regulatory, security, biosafety, intellectual property, and other issues that will be resolved differently in different parts of the world. As a better understanding of the global synthetic biology landscape could lead to tremendous benefits, six academies -- the United Kingdom's Royal Society and Royal Academy of Engineering, the United States' National Academy of Sciences and National Academy of Engineering, and the Chinese Academy of Science and Chinese Academy of Engineering -- organized a series of international symposia on the scientific, technical, and policy issues associated with synthetic biology. Positioning Synthetic Biology to Meet the Challenges of the 21st Century summarizes the symposia proceedings.

Jurisprudence

Author: Routledge-caven

Publisher: Taylor & Francis

ISBN: 0415456932

Category: Law

Page: 165

View: 4238

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Routledge-Cavendish Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn’t you make Routledge-Cavendish Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge-Cavendish Lawcards are now packed with even more features: New revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out New tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams More diagrams and flowcharts clarify and condense complex and important topics "…these spiral-bound beauties…are an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic." Lex Magazine Routledge-Cavendish Lawcards are now supported by a Companion Website at www.routledge.com/textbooks/xxx

Jurisprudence Lawcards

Author: Routledge-Cavendish

Publisher: Cavendish Publishing

ISBN: 1843144379

Category: Law

Page: 160

View: 6116

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Cavendish LawCards are complete, pocket-sized guides to key examinable areas of the law for both undergraduate and PGDL courses. Their concise text, user-friendly layout and compact format make Cavendish LawCards the ideal revision aid for identifying, un