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9780765806420

Law and Society in Transition: Toward Responsive Law

by
  • ISBN13:

    9780765806420

  • ISBN10:

    0765806428

  • Format: Nonspecific Binding
  • Copyright: 2001-03-31
  • Publisher: Routledge

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Summary

Year by year, law seems to penetrate ever larger realms of social, political, and economic life, generating both praise and blame. Nonet and Selznick's Law and Society in Transition explains in accessible language the primary forms of law as a social, political, and normative phenomenon. They illustrate with great clarity the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity.To make jurisprudence relevant, legal, political, and social theory must be reintegrated. As a step in this direction, Nonet and Selznick attempt to recast jurisprudential issues in a social science perspective. They construct a valuable framework for analyzing and assessing the worth of alternative modes of legal ordering. The volume's most enduring contribution is the authors' typology -- repressive, autonomous, and responsive law. This typology of law is original and especially useful because it incorporates both political and jurisprudential aspects of law and speaks directly to contemporary struggles over the proper place of law in democratic governance.In his new introduction, Robert A. Kagan recasts this classic text for the contemporary world. He sees a world of responsive law in which legal institutions -- courts, regulatory agencies, alternative dispute resolution bodies, police departments -- are periodically studied and redesigned to improve their ability to fulfill public expectations. Schools, business corporations, and governmental bureaucracies are more fully pervaded by legal values. Law and Society in Transition describes ways in which law changes anddevelops. It is an inspiring vision of a politically responsive form of governance, of special interest to those in sociology, law, philosophy, and politics.

Author Biography

Philippe Nonet is professor of law at University of California at Berkeley Philip Selznick is professor emeritus of law and sociology, School of Law, University of California at Berkeley Robert A. Kagan is professor of political science and law at the University of California at Berkeley, and director of Berkeley's Center for the Study of Law and Society

Table of Contents

Introduction to the Transaction Edition vii
Preface xxvii
Jurisprudence and Social Science
1(28)
Legal Theory and the Crisis of Authority
4(4)
A Social-Science Strategy
8(10)
A Developmental Model
18(11)
Repressive Law
29(24)
Repression and the Economy of Power
33(6)
The Official Perspective
39(3)
The Apparatus of Coercion
42(2)
Dual Law and Class Justice
44(2)
Legal Moralism and Punitive Law
46(7)
Autonomous Law
53(20)
Legitimacy and Autonomy
55(2)
The Separation of Law and Politics
57(3)
Legal Formalism and the Model of Rules
60(6)
Procedure and Self-Restraint
66(2)
The Claim to Obedience
68(2)
Legal Criticism and Legal Development
70(3)
Responsive Law
73(42)
The Sovereignty of Purpose
78(9)
Obligation and Civility
87(8)
Legal and Political Participation
95(9)
From Fairness to Competence
104(11)
Epilogue: Two Ways Law Can Die 115(4)
Index 119

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