Jump to ContentJump to Main Navigation

You are looking at 1-20 of 48 items

  • Keywords: law and society x
Clear All Modify Search

View:

A General Jurisprudence of Law and Society

Brian Z. Tamanaha

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.001.0001
Subject:
Law, Philosophy of Law

This book provides a theoretical and sociological exploration of the relationship between law and society. Law is generally understood to be a mirror of society — a reflection of its customs and ... More


Law and Anthropology: Old Relations, New Relativities

Carol J Greenhouse

in Law and Anthropology: Current Legal Issues Volume 12

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199580910
eISBN:
9780191723025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580910.003.0002
Subject:
Law, Comparative Law

This chapter argues that we should resist imagining the law—anthropology relation as prefigured in the law/society distinction, since that very distinction is inaccessible except in so far as it is ... More


Law and Society in Western Legal Theory

Brian Z. Tamanaha

in A General Jurisprudence of Law and Society

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.003.0002
Subject:
Law, Philosophy of Law

This chapter reviews seven basic categories of thought in Western social and legal theory on the relationship between law and society: classical legal theory, natural law tradition, legal positivist ... More


A Non-Essentialist Legal Pluralism

Brian Z. Tamanaha

in A General Jurisprudence of Law and Society

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.003.0007
Subject:
Law, Philosophy of Law

This chapter builds upon the conventionalist approach to law to develop a non-essentialist version of legal pluralism. The analysis proceeds largely in relation to sociological dimensions of legal ... More


Against the Mirror Thesis

Brian Z. Tamanaha

in A General Jurisprudence of Law and Society

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.003.0005
Subject:
Law, Philosophy of Law

Powerful as the mirror thesis is, a few voices have expressed caution or outright opposition. This chapter elaborates on concrete social-historical reasons to question the assumption that law mirrors ... More


Elements of a General Jurisprudence

Brian Z. Tamanaha

in A General Jurisprudence of Law and Society

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.003.0008
Subject:
Law, Philosophy of Law

This chapter ties all of the strings of the preceding argument together to set out the basic elements of the general jurisprudence. It specifies a replacement for the notion of society, and lays out ... More


Excusing Crime

Jeremy Horder

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225781
eISBN:
9780191715174
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225781.001.0001
Subject:
Law, Criminal Law and Criminology

This book examines the gradual emancipation of the individual in national and international law and the changing social attitudes towards personal choice in constituting identity. It demonstrates ... More


Loosening the Hold of the Mirror Thesis

Brian Z. Tamanaha

in A General Jurisprudence of Law and Society

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.003.0003
Subject:
Law, Philosophy of Law

This chapter presents theoretical challenges to the portrait of the relationship between law and society. Almost every major strain of Western legal and social theory has articulated, or taken for ... More


The Role of Science in Law

Robin Feldman

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195368581
eISBN:
9780199867455
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368581.001.0001
Subject:
Law, Criminal Law and Criminology

The allure of science has always captivated members of the legal profession. Its siren's song offers a tune of perfection and the promise of endowing law with the respect and deference from society ... More


Fundamental Shifts in the Law-Society Relationship

Brian Z. Tamanaha

in A General Jurisprudence of Law and Society

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.003.0004
Subject:
Law, Philosophy of Law

Fundamental changes have occurred in the way in which theorists talk about and understand the relationship between law and society, changes that have taken centuries to develop and are the result of ... More


A Socio-Legal Positivist Approach to Law

Brian Z. Tamanaha

in A General Jurisprudence of Law and Society

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.003.0006
Subject:
Law, Philosophy of Law

This chapter proposes a conventionalist approach to the concept of law and comprehensively reconstructs legal positivism into what is called socio-legal positivism. This extensive discussion of legal ... More


Law, Social Order, and the State in Social Theory

Mary E. Vogel

in Coercion to Compromise: Plea Bargaining, the Courts, and the Making of Political Authority

Published in print:
2007
Published Online:
March 2012
ISBN:
9780195101751
eISBN:
9780199851461
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195101751.003.0003
Subject:
Law, Legal History

This chapter provides theoretical perspective on court activity in the early American republic, in general, and on plea bargaining, in particular. It describes the strengths and weaknesses of ... More


The Law-Society Framework

Brian Z. Tamanaha

in A General Jurisprudence of Law and Society

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.003.0001
Subject:
Law, Philosophy of Law

A formidable threshold task in the project to construct a general jurisprudence is to come up with a characterisation of the law-society relationship. This relationship is too complex and unruly to ... More


Approaches to Law in Society

D. J. GALLIGAN

in Law in Modern Society

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199291830
eISBN:
9780191700675
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199291830.003.0003
Subject:
Law, Philosophy of Law

There are several ways of examining law in society. Such disciplinary approaches would include a historical approach, a political science approach, an economic approach, and approaches from other ... More


The Concept of the State in American History

William J. Novak

in Boundaries of the State In Us History

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226277646
eISBN:
9780226277813
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226277813.003.0012
Subject:
History, Political History

This chapter draws attention to the vital role of interdisciplinary perspectives in law, history, sociology, and political science in redirecting our understanding of the origins, development, and ... More


New Frontiers: Law and Society in the Roman World

Paul J. du Plessis (ed.)

Published in print:
2013
Published Online:
September 2013
ISBN:
9780748668175
eISBN:
9780748684328
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748668175.001.0001
Subject:
Law, Legal History

Roman law as a field of study is rapidly evolving to reflect new perspectives and approaches in research. Scholars who work on the subject are increasingly being asked to conduct research in an ... More


Jurisprudence 1

Barry Nicholas

in The History of the University of Oxford: Volume VII: Nineteenth-Century Oxford, Part 2

Published in print:
2000
Published Online:
October 2011
ISBN:
9780199510177
eISBN:
9780191700972
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199510177.003.0015
Subject:
History, British and Irish Modern History

The state of legal education in England had been a cause for public concern for some twenty years before the creation of the School of Law and Modern History at Oxford University in 1850. Such ... More


Halting the Tide

RICHARD L. ABEL

in English Lawyers between Market and State: The Politics of Professionalism

Published in print:
2004
Published Online:
March 2012
ISBN:
9780198260349
eISBN:
9780191682094
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260349.003.0003
Subject:
Law, Legal Profession and Ethics

All producers seek protection from the competition that is the defining characteristic of market economies. The first line of defence is control over entry. By the beginning of the nineteenth ... More


Form of Modern Legal Orders

D. J. GALLIGAN

in Law in Modern Society

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199291830
eISBN:
9780191700675
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199291830.003.0014
Subject:
Law, Philosophy of Law

Evidently, legal orders has evolved in such a way that although some laws retain a basis of general standards like early common law, others rely on the rules that are being acted out by legislature. ... More


Introduction

Stilt Talar

in Islamic Law in Action: Authority, Discretion, and Everyday Experiences in Mamluk Egypt

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199602438
eISBN:
9780191729348
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199602438.003.0001
Subject:
Law, Legal History

The Introduction places the book in the context of the larger “law and society” literature and explains why the legal official at the center of the book, the muhtasib, is an ideal point of entry into ... More


View: