Over against such reference volumes as encyclopedias, which are
intended to provide an overview and summary of a subject, and
dictionaries, which define a series of terms, "commentaries"
generally consist of a collection of lectures or essays that
discuss and explain in some detail particular topics and sources.
In law, the best known and oldest of these is William Blackstone's
"Commentaries on the Laws of England" (1765-1769). Others, which
are equally prominent, include James Kent's "Commentaries on
American Law" (1826) and Joseph Story's "Commentaries on the
Constitution of the United States" (1833). This volume is presented
in the spirit of the aforementioned treatises. It consists of
several essays of contemporary comments and criticisms intended
generally to inform and educate.
The commentaries in this book have two collective purposes. First
and foremost, they are intended to acquaint a new generation of
students with thirteen classic books written by diverse sociolegal
scholars--ranging from Henry Sumner Maine, Oliver Wendell Holmes,
Jr., and Hans Kelsen to Eugen Ehrlich, Nicholas S. Timasheff, and
Richard Quinney. Second, they endeavor to demonstrate the
contemporary theoretical relevance, the continuing legacy, of these
classic writings. Accordingly, the commentaries discuss each of the
scholars' work in general, how the particular book under
consideration fits into that corpus, and how the book is assessed
in a contemporary context. Singly and collectively these books have
a clear relation to the "classic" tradition in thought--a tradition
that, although not always acknowledged, is of great significance to
current theorizing in law and society.
The classic tradition represents those books that have come to be
considered the foundational texts in the social scientific study of
law. The commentaries collected here were written by some of
today's leading scholars of law and society, including Piers
Beirne, Dario Melossi, Kalus A. Zigert, Alan Hunt, Marshall B.
Clinard, and Dragan Milovanovic.
"A. Javier Trevio" is associate professor of sociology at Wheaton
College. He is the author of "The Sociology of Law: Classical and
Contemporary Perspectives" and the editor of Transaction's Law and
Society series.
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