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| Author | : James Willard Hurst |
| Publisher | : The Lawbook Exchange, Ltd. |
| Total Pages | : 318 |
| Release | : 2000 |
| Genre | : Law |
| ISBN | : 1584771135 |
| Author | : Morris Raphael Cohen |
| Publisher | : Transaction Publishers |
| Total Pages | : 492 |
| Release | : 1982-01-01 |
| Genre | : Law |
| ISBN | : 9781412827300 |
Containing the bulk of Morris Cohen's writings on the philosophy of law, this collection of essays features articles originally published in popular periodicals and law reviews during the early decades of this century. In his introduction to the Social and Moral Thought edition, Harry N. Rosenfield reviews Cohen's contributions to the philosophy of law and emphasizes Cohen's enormous influence, as a legal philosopher, on American law.
| Author | : Eric Posner |
| Publisher | : Harvard University Press |
| Total Pages | : 276 |
| Release | : 2009-07-01 |
| Genre | : Law |
| ISBN | : 9780674042308 |
What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms. Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.
| Author | : Iredell Jenkins |
| Publisher | : Princeton University Press |
| Total Pages | : 405 |
| Release | : 2014-07-14 |
| Genre | : Law |
| ISBN | : 1400854652 |
Professor Jenkins develops a systematic theory of the origins, the ends, and the functions of law. He then applies this theory to the problems that law encounters and the conditions that it must satisfy if it is to be an effective force in society. Originally published in 1980. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
| Author | : James Willard Hurst |
| Publisher | : Cornell University Press |
| Total Pages | : 325 |
| Release | : 2019-06-30 |
| Genre | : Law |
| ISBN | : 1501742205 |
Written by one who has long pioneered in enlarging the study of American legal history, this book defines and explores a relatively new field—the social history of law in the United States. Professor Hurst begins by setting forth some of the potential subject areas for this field, pointing up a wide range of possibilities. He proceeds to outline the development of the characteristic powers, capabilities, and limitations of the major legal agencies whose work furnishes the core of legal history. Next he offers examples from the history of law viewed in relation to other social institutions and to broadly shared values in society, treating first law, science, and technology, and then law's efforts to shape, serve, and adapt to the market and the big business corporations. In "Retrospect," his brief concluding chapter, he summarizes his views on the role and function of legal history. A major synthetic achievement, this book should be of compelling interest to social historians, historians of law, political scientists, and others concerned with the legal dimensions of social history.
| Author | : Douglass Cecil North |
| Publisher | : Cambridge University Press |
| Total Pages | : 345 |
| Release | : 2009-02-26 |
| Genre | : Business & Economics |
| ISBN | : 0521761735 |
This book integrates the problem of violence into a larger framework, showing how economic and political behavior are closely linked.
| Author | : Roberto Mangabeira Unger |
| Publisher | : Simon and Schuster |
| Total Pages | : 324 |
| Release | : 1977-07 |
| Genre | : Law |
| ISBN | : 0029328802 |
"Law in Modern Society" is a comparative study of the place of law in societies as well as a criticism of social theory. Under what conditions do different kinds of law emerge? What are the bases of the rule of law ideal that marks advanced liberal, capitalist societies? What can the study of law teach us about social hierarchy and moral vision in these societies, and, indeed, about the specificity of Western civilization? Why do we find it necessary to struggle for the rule of law and impossible to achieve it? What political possibilities are closed or opened by present-day changes in the established styles of legality and legal thought? Unger deals with these questions in a broad range of historical settings. But he also relates them to the central issues of social theory: the method of explanation, the conditions of social order, and the nature of 'modern' society. the book argues that to resolve its own internal dilemmas the science of society must once again become both metaphysical and political.
| Author | : Patricia Ewick |
| Publisher | : Russell Sage Foundation |
| Total Pages | : 400 |
| Release | : 1999-06-10 |
| Genre | : Law |
| ISBN | : 1610441915 |
Social science has been an important influence on legal thought since the legal realists of the1930s began to argue that laws should be socially workable as well as legally valid. With the expansion of legal rights in the 1960s, the law and social science were bound together by an optimistic belief that legal interventions, if fully informed by social science, could become an effective instrument of social improvement. Legal justice, it was hoped, could translate directly into social justice. Though this optimism has receded in both disciplines, social science and the law have remained intimately connected. Social Science, Social Policy, and the Law maps out this new relationship, applying social science to particular legal issues and reflecting upon the role of social science in legal thought. Several case studies illustrate the way that the law is embedded within the tangled interests and incentives that drive the social world. One study examines the entrepreneurialism that has shaped our systems of punishment from the colonial practice of deportation to today's privatized jails. Another case shows how many of those who do not qualify for legal aid cannot afford an effective legal defense with the consequence that economic inequality leads to inequality before the law. Two other studies look at the mixed results of legal regulation: the failure of legal safeguards to stop NASA's fatal 1986 Challenger launch decision, and the complicated effects of regulations to curb conflicts of interest in law firms. These two cases demonstrate that the law's effectiveness can depend, not only on how it is drafted, but also on how well it harmonizes with pre-existing social norms and patterns of self-regulation. The contributors to this volume share the belief that social science can and should influence legal policymaking. Empirical research is necessary to offset anecdotal evidence and untested assertions. But research that is acceptable to the academy may not stand up in court, and, as a result, social science does not always get a sympathetic hearing from legal decision makers. The relationship between social science and the law will always be complex; this volume takes a lead in showing how it can nonetheless be productive.
| Author | : Richard Rothstein |
| Publisher | : Liveright Publishing |
| Total Pages | : 246 |
| Release | : 2017-05-02 |
| Genre | : Social Science |
| ISBN | : 1631492861 |
New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.
| Author | : Reza Banakar |
| Publisher | : A&C Black |
| Total Pages | : 694 |
| Release | : 2014-07-18 |
| Genre | : Law |
| ISBN | : 1782252045 |
There is a growing interest within law schools in the intersections between law and different areas of social theory. The second edition of this popular text introduces a wide range of traditions in sociology and the humanities that offer provocative, contextual views on law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, systems theory, critical approaches, law in action, postmodernism, and law in global society. Each chapter is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. New chapters include authoritative reviews of actor network theory, new legal realism, critical race theory, post-colonial theories of law, and the sociology of the legal profession. Over half the chapters are new, and the rest are revised in order to include discussion of recent literature.
