Year by year, law seems to penetrate ever larger realms of
social, political, and economic life, generating both praise and
blame. Nonet and Selznick's Law and Society in Transition explains
in accessible language the primary forms of law as a social,
political, and normative phenomenon. They illustrate with great
clarity the fundamental difference between repressive law, riddled
with raw conflict and the accommodation of special interests, and
responsive law, the reasoned effort to realize an ideal of
polity.
To make jurisprudence relevant, legal, political, and social
theory must be reintegrated. As a step in this direction, Nonet and
Selznick attempt to recast jurisprudential issues in a social
science perspective. They construct a valuable framework for
analyzing and assessing the worth of alternative modes of legal
ordering. The volume's most enduring contribution is the authors'
typology-repressive, autonomous, and responsive law. This typology
of law is original and especially useful because it incorporates
both political and jurisprudential aspects of law and speaks
directly to contemporary struggles over the proper place of law in
democratic governance.
In his new introduction, Robert A. Kagan recasts this classic
text for the contemporary world. He sees a world of responsive law
in which legal institutions-courts, regulatory agencies,
alternative dispute resolution bodies, police departments-are
periodically studied and redesigned to improve their ability to
fulfill public expectations. Schools, business corporations, and
governmental bureaucracies are more fully pervaded by legal values.
Law and Society in Transition describes ways in which law changes
and develops. It is an inspiring vision of a politically responsive
form of governance, of special interest to those in sociology, law,
philosophy, and politics.
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