This book develops the rudiments of a sociological perspective on
state law and legal theory. It outlines a distinctive approach to
theoretical enquiry that offers an improved understanding of law as
a social and institutional phenomenon. The book draws upon Max
Weber's sociological and juristic writings as a context in which to
explore themes arising or selectively developed from a critical
reassessment of key aspects of H.L.A. Hart's theory of law. The
discussion initially centres around three problematical areas or
'Gordian Knots': essentially weaknesses in the analytical nucleus
of The Concept of Law,matters of misplaced emphasis and other
elements that, it is argued, have obscured fundamental aspects of a
perceived social reality. Using the critique as a point of
departure the book explores key issues that Hart merely touched
upon or seemingly passed over: the role of the (sociologically
inclined) jurist, the defensibility of an 'institutional insider's'
perspective, the institutional behavioural dimension of the legal
world, and the relational and social power dynamics of law-affected
human behaviour.
General
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