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9780754625117

Law, Culture and Society: Legal Ideas in the Mirror of Social Theory

by Cotterrell,Roger
  • ISBN13:

    9780754625117

  • ISBN10:

    0754625117

  • eBook ISBN(s):

    9781351217965

  • Format: Nonspecific Binding
  • Copyright: 2006-09-28
  • Publisher: Routledge

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Summary

This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. The book surveys the development of connections between legal studies and social theory and locates the book's approach in relation to socio-legal 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 recognises 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 and the nature of boundaries of culture become important issues, while the concept of multiculturism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalisation 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.

Table of Contents

Introduction: approaching law
Perspectives (Legal and Social Theory): Law and social theory
Legal philosophy and legal pluralism
Why must legal ideas be interpreted sociologically?
A legal concept of community
Applications (Comparative Law and Culture): The concept of legal culture
Law in culture
Is there a logic of legal transplants?
Sociology and comparative law
Interpretation in comparative law
Frontiers of community
Bibliography
Index
Table of Contents provided by Publisher. All Rights Reserved.

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