Social Order And The Limits Of Law
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Social Order And The Limits Of Law
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Author : Iredell Jenkins
language : en
Publisher: Princeton University Press
Release Date : 2014-07-14
Social Order And The Limits Of Law written by Iredell Jenkins and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-14 with Law categories.
Professor Jenkins develops a systematic theory of the origins, the ends, and the functions of law. He then applies this theory to the problems that law encounters and the conditions that it must satisfy if it is to be an effective force in society. Originally published in 1980. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
The Limits Of Law
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Author : Austin Sarat
language : en
Publisher: Stanford University Press
Release Date : 2005
The Limits Of Law written by Austin Sarat and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with conditions that lie at the farthest reaches of its empirical and normative force.
Order Without Law
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Author : Robert C. ELLICKSON
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
Order Without Law written by Robert C. ELLICKSON and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Law categories.
In Order without Law, Robert Ellickson shows that law is far less important than is generally thought. He demonstrates that people largely govern themselves by means of informal rules--social norms--that develop without the aid of a state or other central coordinator. Integrating the latest scholarship in law, economics, sociology, game theory, and anthropology, Ellickson investigates the uncharted world within which order is successfully achieved without law. The springboard for Ellickson's theory of norms is his close investigation of a variety of disputes arising from the damage created by escaped cattle in Shasta County, California. In "The Problem of Social Cost"--the most frequently cited article on law--economist Ronald H. Coase depicts farmers and ranchers as bargaining in the shadow of the law while resolving cattle-trespass disputes. Ellickson's field study of this problem refutes many of the behavioral assumptions that underlie Coase's vision, and will add realism to future efforts to apply economic analysis to law. Drawing examples from a wide variety of social contexts, including whaling grounds, photocopying centers, and landlord-tenant relations, Ellickson explores the interaction between informal and legal rules and the usual domains in which these competing systems are employed. Order without Law firmly grounds its analysis in real-world events, while building a broad theory of how people cooperate to mutual advantage.
Toward A Just Social Order
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Author : Derek L. Phillips
language : en
Publisher: Princeton University Press
Release Date : 2014-07-14
Toward A Just Social Order written by Derek L. Phillips and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-14 with Social Science categories.
Derek Phillips presents a strong case for the importance of normative theories about the just social organization of society. Most sociologists urge the avoidance of value judgments, but Professor Phillips argues for a notion of a just social order that reflects a twin concern with explanatory and normative thinking. Originally published in 1986. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Politics And The Limits Of Law
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Author : Menachem Lorberbaum
language : en
Publisher: Stanford University Press
Release Date : 2002-11-01
Politics And The Limits Of Law written by Menachem Lorberbaum and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-11-01 with Religion categories.
This book explores the emergence of the fundamental political concepts of medieval Jewish thought, arguing that alongside the well known theocratic elements of the Bible there exists a vital tradition that conceives of politics as a necessary and legitimate domain of worldly activity that preceded religious law in the ordering of society. Since the Enlightenment, the separation of religion and state has been a central theme in Western political history and thought, a separation that upholds the freedom of conscience of the individual. In medieval political thought, however, the doctrine of the separation of religion and state played a much different role. On the one hand, it served to maintain the integrity of religious law versus the monarch, whether canon law, Islamic law, or Jewish law. On the other hand, it upheld the autonomy of the monarch and the autonomy of human political agency against theocratic claims of divine sovereignty and clerical authority. Postulating the realm of secular politics leads the author to construct a theory of the precedence of politics over religious law in the organization of social life. He argues that the attempts of medieval philosophers to understand religion and the polity provide new perspectives on the viability of an accommodation between revelation and legislation, the holy and the profane, the divine and the temporal. The book shows that in spite of the long exile of the Jewish people, there is, unquestionably, a tradition of Jewish political discourse based on the canonical sources of Jewish law. In addition to providing a fresh analysis of Maimonides, it analyzes works of Nahmanides, Solomon ibn Adret, and Nissim Gerondi that are largely unknown to the English-speaking reader. Finally, it suggests that the historical corpus of Jewish political writing remains vital today, with much to contribute to the ongoing debates over church-state relations and theocratic societies.
Transnational Legal Orders
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Author : Terence C. Halliday
language : en
Publisher: Cambridge University Press
Release Date : 2015-01-19
Transnational Legal Orders written by Terence C. Halliday and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-19 with Business & Economics categories.
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Sociological Jurisprudence
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Author : Roger Cotterrell
language : en
Publisher: Routledge
Release Date : 2017-12-06
Sociological Jurisprudence written by Roger Cotterrell and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-06 with Law categories.
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.
The Limits Of The Rule Of Law In China
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Author : Karen G. Turner
language : en
Publisher: University of Washington Press
Release Date : 2000-02-01
The Limits Of The Rule Of Law In China written by Karen G. Turner and has been published by University of Washington Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-02-01 with History categories.
In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.
The Powers Of Law
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Author : Mauricio García-Villegas
language : en
Publisher: Cambridge University Press
Release Date : 2018-05-03
The Powers Of Law written by Mauricio García-Villegas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-03 with Law categories.
García-Villegas compares the scholarship on the relationship between law, political power, and society in the United States and France.
Living Law
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Author : M. L. M. Hertogh
language : en
Publisher:
Release Date : 2009
Living Law written by M. L. M. Hertogh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Sociological jurisprudence categories.
This collection of essays is the first edited volume in the English language which is entirely dedicated to the work of Eugen Ehrlich. 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') is widely recognised, Ehrlich has not yet received the serious international attention he deserves. Therefore, this collection of essays is aimed at 'reconsidering' Eugen Ehrlich by bringing together an interdisciplinary group of leading international experts to discuss both the historical and theoretical context of his work and its relevance for contemporary law and society scholarship. This book has been divided into four parts. Part I of this volume paints a lively picture of the Bukowina, in southeastern Europe, where Ehrlich was born in 1862. Moreover it considers the political and academic atmosphere at the end of the nineteenth century. Part II discusses the main concepts and ideas of Ehrlich's sociology of law and considers the reception of Ehrlich's work in the German speaking world, in the United States and in Japan. Part III of this volume is concerned with the work of Ehrlich in relation to that of some his contemporaries, including Roscoe Pound, Hans Kelsen and Cornelis van Vollenhoven. Part IV focuses on the relevance of Ehrlich's work for current socio-legal studies. This volume provides both an introduction to the important and innovative scholarship of Eugen Ehrlich as well as a starting point for further reading and discussion.