Suchergebnisse

Introduction : recovering sociological jurisprudence -- The nature of legal expertise -- The jurist's role -- Why jurisprudence is not legal philosophy -- Sociology in juristic practice -- Transnational challenges to juristic thought -- Why lawyers need a theory of legal pluralism -- A concept of law for global legal pluralism -- The nature of transnational law -- Transnational legal authority -- A transnational concept of crime -- Legal values in sociological perspective -- Culture as a juristic issue -- Can sociology clarify legal values? -- Human rights and dignity : a Durkheimian perspective -- Legal instrumentalism and popular values -- Conclusion : horizons of sociological jurisprudence

Preface -- Chapter 1. Locating jurisprudence sociologically -- Chapter 2.Understanding closure -- Chapter 3. A sociological understanding of natural law and common law theory: constructing the conditions for legal positivism -- Chapter 4. Laws justice: beyond Dworkin -- Chapter 5. Laws closure: beyond Kelsen -- Chapter 6. Laws politics: criticising Critical Legal Studies -- Chapter 7. Law as sociological object -- Bibliography -- Index.

A collection of brand new and revised essays from eminent scholar of public law, Martin Loughlin, that systematizes his work on political jurisprudence - a school of thought that contends the key to understanding the nature of legal order lies in how political authority is constituted

1. Do we need rights? If so of what kind? / Ted Benton -- 2. Return of the Profiletariat? Pension rights and pension finance in an ageing society / Robin Blackburn -- 3. Developing an economic sociology of care and rights / Miriam Glucksmann -- 4. Social rights, trans-national rights and civic stratification / Lydia Morris -- 5. 'Women's rights are human rights' : campaigns and concepts / Diane Elson -- 6. Human rights, anti-racism, and eu advocacy coalitions / Carlo Ruzza -- 7. Rights, social theory, and political philosophy : a framework for case study research / Rob Stones -- 8. Rights work : constructing lesbian, gay, and sexual rights in late modern times / Ken Plummer -- 9. The sociology of indigenous people's rights / Colin Samson and Damien Short -- 10. Punishment, rights, and justice / Eamonn Carrabine -- 11. Mental disorder and human rights / Joan Busfield -- 12. Free to speak, free to hate? / Paul Igamslo.

"This landmark book provides the first systematic overview of the key scholarly contributions in an emerging field of research on constitutionalism: the sociology of constitutions. It presents chapters offering very different normative and methodological approaches to constitutions, ranging from analysis of national constitutional law, to research on transnational legal forms, to discussions of the constitutional impact of international human rights law. The book makes an important contribution to a series of wider debates - spanning constitutional law, legal theory, comparative constitutionalism, sociology, and political science - about the changing nature of constitutionalism. Researchers and students in constitutional law will gain a comprehensive appreciation of a diverse range of distinctively sociological approaches to constitutional law and an in-depth understanding of distinctive sociological dimensions of constitutions. The book offers new insights into the sources of constitutional normativity in society and it proposes different sociological methods for addressing them"--

Introduction -- Law and Society : An Overview -- Fundamentals of Law and Society -- Sociologists of Law : Classical and Contemporary -- Criminal Law -- Civil Law -- Administrative Law -- Law and Social Control -- Hunting and Forest Laws -- Are Judges Biased? -- Law School and the Legal Profession

"Niklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resourced for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern 'positive' -- as opposed to 'natural' -- law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow. "--

Frontmatter -- Preface -- Acknowledgements -- Contents -- TABLE OF CASES -- TABLE OF AUTHORS AND JUDGES -- CHAPTER ONE. Introduction -- CHAPTER TWO. Positivism -- CHAPTER THREE. Natural Law Thought -- CHAPTER FOUR. Sociological Jurisprudence -- CHAPTER FIVE. The Judicial Process -- APPENDIX. Jurisprudence In Canada -- INDEX