A General Jurisprudence of Law and SocietyOxford University Press, 2001 - Broj stranica: 263 "A General Jurisprudence of Law and Society is a theoretical and sociological exploration of the relationship between law and society. Law is generally understood to be a mirror of society--a reflection of its customs and morals--that functions to maintain social order. Focusing on this common understanding, the book conducts a survey of Western legal and social theories about law and its relationship within society. It then engages in a theoretical and empirical critique of this common understanding. The theoretical critique exposes the mythical quality of the two most often repeated theories about the emergence of law, the evolutionary theory and the social contract theory. It also discusses a fundamental shift, resulting from Enlightenment ideas about reason and morality, in the theoretical understanding of the relationship between morality and law. The empirical critique covers various subjects, primarily including the impact of legal transplantation and globalization. |
Sadržaj
The Law Society Framework | 1 |
Law and Society in Western Legal Theory | 11 |
Loosening the Hold of the Mirror Thesis | 51 |
Fundamental Shifts in the LawSociety Relationship | 77 |
Against the Mirror Thesis | 107 |
A SocioLegal Positivist Approach to Law | 133 |
A NonEssentialist Legal Pluralism | 171 |
Elements of a General Jurisprudence | 206 |
243 | |
259 | |
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Uobičajeni izrazi i fraze
analysis applied approach to law aspects assertion autopoiesis behaviour Chapter claim common law concept of law consent consists context conventionalism conventionalist approach coordination custom customary law define law dominant economic elements Émile Durkheim essentialist evolutionary existence fact Functionalist global H. L. A. Hart Hart Hart's Hobbes human identify institutions instrumental international law John Finnis jurisprudence kinds of law label law law and society Law Review legal officials legal pluralism legal pluralists legal positivism legal positivists legal system legal theory legal transplantation legitimation lex mercatoria mirror thesis modern natural law theory phenomena political positive law primary rules principles problem public choice theory rational reason recognized reflect relations relationship between law secondary rules sense social arena social contract social order function social practices social theory socio-legal positivism substantive Tamanaha theorists theory of law tion tradition transnational University Press view of law Weber