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The Place of Law - The Role and Limits of Law in Society (Paperback)
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The Place of Law - The Role and Limits of Law in Society (Paperback)
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In this stimulating volume, Larry D. Barnett locates a fundamental
defect in widespread assumptions regarding the institution of law.
He asserts that scholarship on law is being led astray by currently
accepted beliefs about the institution, and as a result progress in
understanding law as a societal institution will be impeded until a
more accurate view of law is accepted. This book takes on this
challenge.The Place of Law addresses two questions that are at the
heart of the institution of law. Why is law an evidently universal,
enduring institution in societies characterized by a relatively
high level of economic development and a relatively high degree of
social complexity? And why do the concepts and doctrines of the
institution of law differ between jurisdictions (states or nations)
at one point in time and vary within a particular jurisdiction over
time? These two questions, Barnett believes, should be prominent in
any study of law.The framework for law Barnett proposes is
concerned with activities that are fundamental aspects of social
organization, that is, activities that are deeply embedded in
social life. His viewpoint is grounded on a body of quantitative
research pertinent to the societal sources and limits of law.
Barnett argues that this perspective applies only to law in
sovereign, democratic nations that are economically advanced and
socially complex. In other environments, law's place as a societal
institution is less secure. This innovative perspective will do
much to enhance understanding and appreciation of the role of law
in modern societies.
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