Social Order And The Limits Of Law
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Author | : Iredell Jenkins |
Publisher | : Princeton University Press |
Total Pages | : 405 |
Release | : 2014-07-14 |
Genre | : Law |
ISBN | : 1400854652 |
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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 | : Michael Giudice |
Publisher | : Edward Elgar Publishing |
Total Pages | : 160 |
Release | : 2020-10-30 |
Genre | : Law |
ISBN | : 1839103221 |
Download Social Construction of Law Book in PDF, Epub and Kindle
This illuminating book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law.
Author | : Sam Adelman |
Publisher | : Routledge |
Total Pages | : 235 |
Release | : 2020-08-13 |
Genre | : Law |
ISBN | : 1351403788 |
Download The Limits of Law and Development Book in PDF, Epub and Kindle
The book examines the well-established field of ‘law and development’ and asks whether the concept of development and discourses on law and development have outlived their usefulness. The contributors ask whether instead of these amorphous and contested concepts we should focus upon social injustices such as patriarchy, impoverishment, human rights violations, the exploitation of indigenous peoples, and global heating? If we abandoned the idea of development, would we end up adopting another, equally problematic term to replace a concept which, for all its flaws, serves as a commonly understood shorthand? The contributors analyse the links between conventional academic approaches to law and development, neoliberal governance and activism through historical and contemporary case studies. The book will be of interest to students and scholars of development, international law, international economic law, governance and politics and international relations.
Author | : Austin Sarat |
Publisher | : Stanford University Press |
Total Pages | : 348 |
Release | : 2005 |
Genre | : Law |
ISBN | : 9780804752350 |
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This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with conditions that lie at the farthest reaches of its empirical and normative force.
Author | : |
Publisher | : |
Total Pages | : 443 |
Release | : 1982 |
Genre | : |
ISBN | : |
Download Law and the Social Order Book in PDF, Epub and Kindle
Author | : Erik Claes |
Publisher | : Springer Science & Business Media |
Total Pages | : 540 |
Release | : 2009-04-21 |
Genre | : Law |
ISBN | : 3540798560 |
Download Facing the Limits of the Law Book in PDF, Epub and Kindle
Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.
Author | : Larry Barnett |
Publisher | : Routledge |
Total Pages | : 438 |
Release | : 2017-09-08 |
Genre | : Law |
ISBN | : 1351477366 |
Download The Place of Law Book in PDF, Epub and Kindle
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.
Author | : Lon Luvois Fuller |
Publisher | : Durham, N.C. : Duke University Press |
Total Pages | : 326 |
Release | : 1981 |
Genre | : Law |
ISBN | : |
Download The Principles of Social Order Book in PDF, Epub and Kindle
Author | : Amy Swiffen |
Publisher | : Routledge |
Total Pages | : 274 |
Release | : 2017-08-10 |
Genre | : Law |
ISBN | : 1317602102 |
Download Legal Violence and the Limits of the Law Book in PDF, Epub and Kindle
What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance—punishment being the measured use of legally sanctioned violence and vengeance being a use of violence that has no measure—is expressed by the idea of "cruel and unusual punishment." This phrase was originally contained in the English Bill of Rights (1689). But it (and versions of it) has since found its way into numerous constitutions and declarations, including Article 5 of the Universal Declaration of Human Rights, as well as the Amendment to the US Constitution. Clearly, in order for the use of violence to be legitimate, it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not, and its application in punitive practice is constituted by a host of extra-legal factors and social and political structures. It is this essential contestability of the limit which distinguishes punishment from violence that this book addresses. And, including contributions from a range of internationally renowned scholars, it offers a plurality of original and important responses to the contemporary question of the relationship between punishment and the limits of law.
Author | : Niklas Luhmann |
Publisher | : Oxford Socio-Legal Studies |
Total Pages | : 524 |
Release | : 2004 |
Genre | : Law |
ISBN | : 9780198262381 |
Download Law as a Social System Book in PDF, Epub and Kindle
However, unlike conventional legal theory, this volume seeks to provide an answer in terms of a general social theory: a methodology that answers this question in a manner applicable not only to law, but also to all the other complex and highly differentiated systems within modern society, such as politics, the economy, religion, the media, and education. This truly sociological approach offers profound insights into the relationships between law and all of these other social systems.