This intriguing collection of essays by David Nelken examines the
relationship between law, society and social theory and the various
ideas social theorists have had about the actual and ideal 'fit'
between law and its social context. It also asks how far it is
possible to get beyond this mainstream paradigm. The value of
social theorising for studying law is illustrated by specific
developments in substantive areas such as housing law, tort law,
the law of evidence and criminal law. Throughout the chapters the
focus is on the following questions. What is gained (and what may
be lost) by putting law in context? What attempts have been made to
go beyond this approach? What are their (necessary) limits? Can law
be seen as anything other than in some way both separate from and
relating to 'the social'? The distinctiveness of this approach lies
in its effort to keep in tension two claims. Firstly, that social
theorising about legal practices is vitally important for
understanding the connections between legal and social structures
and revealing what law means and does for (and to) various social
actors. The second point is that it does not follow that what we
learn in this way can be assumed to be necessarily relevant to
(re)shaping legal practices without further argument that pays heed
to law's specificity.
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