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The increasing transnationalisation of regulation - and social life
more generally - challenges the basic concepts of legal and
political theory today. One of the key concepts being so challenged
is authority. This discerning book offers a plenitude of resources
and suggestions for meeting that challenge. Chapters by leading
scholars from a wide variety of disciplines confront the limits of
traditional state-based conceptions of authority, and propose new
frameworks and metaphors. They also reflect on the methodological
challenges of the transnational context, including the need for
collaboration between empirical and conceptual analysis, and the
value of historicising authority. Examining the challenge offered
by transnational authority in a range of specific contexts,
including security, accounting, banking and finance, and trade,
Authority in Transnational Legal Theory analyzes the relations
between authority, legitimacy and power. Furthermore, this book
also considers the implications of thinking about authority for
other key concepts in transnational legal theory, such as
jurisdiction and sovereignty. Comprehensive and engaging, this book
will appeal to both legal academics and students of law. It will
also prove invaluable to political scientists and political
theorists interested in the concept of authority as well as social
scientists working in the field of regulation. Contributors
include: P.S. Berman, R. Cotterrell, K. Culver, M. Del Mar, M.
Giudice, N. Jansen, N. Krisch, S.F. Moore, H. Muir Watt, H.
Psarras, S. Quack, N. Roughan, M. Troper, N. Walker
The increasing transnationalisation of regulation - and social life
more generally - challenges the basic concepts of legal and
political theory today. One of the key concepts being so challenged
is authority. This discerning book offers a plenitude of resources
and suggestions for meeting that challenge. Chapters by leading
scholars from a wide variety of disciplines confront the limits of
traditional state-based conceptions of authority, and propose new
frameworks and metaphors. They also reflect on the methodological
challenges of the transnational context, including the need for
collaboration between empirical and conceptual analysis, and the
value of historicising authority. Examining the challenge offered
by transnational authority in a range of specific contexts,
including security, accounting, banking and finance, and trade,
Authority in Transnational Legal Theory analyzes the relations
between authority, legitimacy and power. Furthermore, this book
also considers the implications of thinking about authority for
other key concepts in transnational legal theory, such as
jurisdiction and sovereignty. Comprehensive and engaging, this book
will appeal to both legal academics and students of law. It will
also prove invaluable to political scientists and political
theorists interested in the concept of authority as well as social
scientists working in the field of regulation. Contributors
include: P.S. Berman, R. Cotterrell, K. Culver, M. Del Mar, M.
Giudice, N. Jansen, N. Krisch, S.F. Moore, H. Muir Watt, H.
Psarras, S. Quack, N. Roughan, M. Troper, N. Walker
Taking a broad view of social theory, this book demonstrates the
importance of this theory for the study of contemporary law.
Through studies of the work of Weber, Durkheim, Gurvitch, Habermas,
Luhmann, Derrida, Bourdieu, Foucault, Schmitt, Neumann and others,
the essays address such fundamental topics as the changing forms of
regulation, law's relations with morals and beliefs, law and
democracy and prospects for the rule of law in the context of
globalisation.
This book presents a distinctive approach to the study of law in
society, focusing on the sociological interpretation of legal
ideas. It surveys the development of connections between legal
studies and social theory and locates its approach in relation to
sociolegal studies on the one hand and legal philosophy on the
other. It is suggested that the concept of law must be
re-considered. Law has to be seen today not just as the law of the
nation state, or international law that links nation states, but
also as transnational law in many forms. A legal pluralist approach
is not just a matter of redefining law in legal theory; it also
recognizes that law's authority comes from a plurality of diverse,
sometimes conflicting, social sources. The book suggests that the
social environment in which law operates must also be rethought,
with many implications for comparative legal studies. The nature
and boundaries of culture become important problems, while the
concept of multiculturalism points to the cultural diversity of
populations and to problems of fragmentation, or perhaps to new
kinds of unity of the social. Theories of globalization raise a
host of issues about the integrity of societies and about the need
to understand social networks and forces that extend beyond the
political societies of nation states. Through a range of specific
studies, closely interrelated and building on each other, the book
seeks to integrate the sociology of law with other kinds of legal
analysis and engages directly with current juristic debates in
legal theory and comparative law.
This book presents a unified set of arguments about the nature of
jurisprudence and its relation to the jurist's role. It explores
contemporary challenges that create a need for social scientific
perspectives in jurisprudence, and it shows how sociological
resources can and should be used in considering juristic issues.
Its overall aim is to redefine the concept of sociological
jurisprudence and outline a new agenda for this. Supporting this
agenda, the book elaborates a distinctive juristic perspective that
recognises law's diversity of cultural meanings, its extending
transnational reach, its responsibilities to reflect popular
aspirations for justice and security, and its integrative tasks as
a general resource of regulation for society as a whole and for the
individuals who interact under law's protection. Drawing on and
extending the author's previous work, the book will be essential
reading for students, researchers and academics working in
jurisprudence, law and society, socio-legal studies, sociology of
law, and comparative legal studies.
This book presents a distinctive approach to the study of law in
society, focusing on the sociological interpretation of legal
ideas. It surveys the development of connections between legal
studies and social theory and locates its approach in relation to
sociolegal studies on the one hand and legal philosophy on the
other. It is suggested that the concept of law must be
re-considered. Law has to be seen today not just as the law of the
nation state, or international law that links nation states, but
also as transnational law in many forms. A legal pluralist approach
is not just a matter of redefining law in legal theory; it also
recognizes that law's authority comes from a plurality of diverse,
sometimes conflicting, social sources. The book suggests that the
social environment in which law operates must also be rethought,
with many implications for comparative legal studies. The nature
and boundaries of culture become important problems, while the
concept of multiculturalism points to the cultural diversity of
populations and to problems of fragmentation, or perhaps to new
kinds of unity of the social. Theories of globalization raise a
host of issues about the integrity of societies and about the need
to understand social networks and forces that extend beyond the
political societies of nation states. Through a range of specific
studies, closely interrelated and building on each other, the book
seeks to integrate the sociology of law with other kinds of legal
analysis and engages directly with current juristic debates in
legal theory and comparative law.
This volume focuses on three closely-connected aspects of A0/00mile
Durkheim's work: his sociology of justice, his sociology of
morality and his political sociology. These areas of his thought
are the most relevant and practical today in considering
fundamental problems of contemporary societies and they provide
many of the richest and most important insights of his social
theory. Yet they are also relatively neglected and this volume
collects together the most incisive recent periodical commentary on
them. Within the justice-morality-politics triangle, Durkheim
examines moral pluralism and the possibility of identifying a
unifying value system for complex societies; the nature and
conditions of democracy; the relations of the citizen, the state
and corporate groups; criteria of justice and of effective economic
regulation; and modern individualism with its associated ideas of
human dignity and human rights. This tightly-integrated volume
presents Durkheim's thought in an unusual and revealing light,
showing him as a key social and political thinker for the
twenty-first century.
Living Law presents a comprehensive overview of relationships
between legal and social theory, and of current approaches to the
sociological study of legal ideas. It explores the nature of legal
theory and sociolegal studies today as teaching and research
fields, and the work of many of the major sociolegal theorists. In
addition, it sets out the author's distinctive approach to
sociological analysis of law, applying this in a range of studies
in specific legal fields, such as the law of contract, property and
trusts, constitutional analysis, and comparative law.
What does it mean to adopt a sociological perspective on law?
Treating law as an aspect of social life, part of a larger social
environment, the aim is to understand the environment and law's
place within it systematically and empirically. The papers in these
two volumes reflect the variety of these sociological perspectives
and have been carefully selected from the wide range of literature
currently available.
This book presents a unified set of arguments about the nature of
jurisprudence and its relation to the jurist's role. It explores
contemporary challenges that create a need for social scientific
perspectives in jurisprudence, and it shows how sociological
resources can and should be used in considering juristic issues.
Its overall aim is to redefine the concept of sociological
jurisprudence and outline a new agenda for this. Supporting this
agenda, the book elaborates a distinctive juristic perspective that
recognises law's diversity of cultural meanings, its extending
transnational reach, its responsibilities to reflect popular
aspirations for justice and security, and its integrative tasks as
a general resource of regulation for society as a whole and for the
individuals who interact under law's protection. Drawing on and
extending the author's previous work, the book will be essential
reading for students, researchers and academics working in
jurisprudence, law and society, socio-legal studies, sociology of
law, and comparative legal studies.
This open access book pays homage to Reza Banakar, who passed away
in August 2020, exploring the many different areas of socio-legal
research that he worked on and influenced. It begins with a summary
of his career and explains how he sparked a debate on the identity
and aims of legal sociology. The book is then split into 5
sections: - Theory, including chapters on normativity and the
stepchild controversy; - Methods and interdisciplinarity,
illustrating how Banakar encouraged socio-legal scholars to push
the boundaries of existing socio-legal knowledge through
interdisciplinary imagination and methodological flexibility; -
Legal culture, with particular focus on Iran - 2 areas of special
interest for Banakar; - Law and science, covering topics such as
human rights, the right to life, and the COVID-19 pandemic; and -
Applied sociology of law, inspired by Banakar's engagement with
empirical research and case studies. As well as honouring Reza
Banakar's memory and unique thinking, the book aims to advance the
sociology of law by demonstrating the interconnectedness of the
legal and the social from a broad range of perspectives. The eBook
editions of this book are available open access under a CC BY-NC-ND
4.0 licence on bloomsburycollections.com. Open access was funded by
Lund University Libraries.
In this new collection of essays, Paul van Seters brings together
an international group of scholars from diverse academic
backgrounds to reflect upon the remarkable rise of communitarianism
in contemporary studies of law and society. Taking account of the
intricate relationship between law and communitarianism, these
essays critically assess the communitarian perspective in order to
gain a more systematic insight into its distinctive constraints and
the special opportunities it provides. At its core, this work
contends that law necessarily presupposes community, but also
essentially extends it. Arguing that communitarianism must be
understood as an effort to reconstruct liberalism, and not just
debunk it, Communitarianism in Law and Society explores what good
is to come of this movement for legal theory and practice.
In this new collection of essays, Paul van Seters brings together
an international group of scholars from diverse academic
backgrounds to reflect upon the remarkable rise of communitarianism
in contemporary studies of law and society. Taking account of the
intricate relationship between law and communitarianism, these
essays critically assess the communitarian perspective in order to
gain a more systematic insight into its distinctive constraints and
the special opportunities it provides. At its core, this work
contends that law necessarily presupposes community, but also
essentially extends it. Arguing that communitarianism must be
understood as an effort to reconstruct liberalism, and not just
debunk it, Communitarianism in Law and Society explores what good
is to come of this movement for legal theory and practice.
Taking a broad view of social theory, this book demonstrates the
importance of this theory for the study of contemporary law.
Through studies of the work of Weber, Durkheim, Gurvitch, Habermas,
Luhmann, Derrida, Bourdieu, Foucault, Schmitt, Neumann and others,
the essays address such fundamental topics as the changing forms of
regulation, law's relations with morals and beliefs, law and
democracy and prospects for the rule of law in the context of
globalisation.
This important collection of essays by a leading legal theorist seeks to re-locate the relationship between the traditional concerns of legal theory and the sociology of law, by establishing a consistent theoretical approach to the analysis of law in contemporary Western societies. This book is based upon previously published essays which have been extensively revised and updated, and offers an important contribution to the study of law and social theory.
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