Durkheim and the Law

Author: Steven Lukes,Andrew Scull

Publisher: Palgrave Macmillan

ISBN: 9781137031815

Category: Law

Page: 272

View: 3357

The law was central to Durkheim's sociological theory and to his efforts to establish sociology as a distinctive discipline. This revised and updated second edition of Durkheim and the Law brings together key texts which demonstrate the development of Durkheim's thinking on the sociology of law, several of them newly translated here. The editors, both world-renowned Durkheim scholars, provide a comprehensive analysis of the intellectual significance and distinctiveness of Durkheim's work on the subject. They show how his ideas evolved over time; how they contributed to the development of a distinctively Durkheimian vision of a science of society; and they provide a comprehensive assessment of the strengths and weaknesses of his theorizing about law, as well as its continuing relevance for contemporary sociology. Enriched with a new introduction and useful learning features, this book remains a major reference for students of socio-legal theory.
Posted in Law

Sociology of Law

Visions of a Scholarly Tradition

Author: Mathieu Deflem

Publisher: Cambridge University Press

ISBN: 1139469789

Category: Social Science

Page: N.A

View: 6605

Since the classic contributions of Weber and Durkheim, the sociology of law has raised key questions on the place of law in society. Drawing together both theoretical and empirical themes, in this book Mathieu Deflem reviews the field's major accomplishments and reveals the value of the multiple ways in which sociologists study the social structures and processes of law. He discusses both historical and contemporary issues, from early theoretical foundations and the work of Weber and Durkheim, through the contribution of sociological jurisprudence, to the development of modern perspectives to clarify how sociologists study law. Chapters also look at the role of law in relation to the economy, politics, culture, and the legal profession; and aspects of law enforcement and the globalization of law. This book will appeal to scholars and students of the sociology of law, jurisprudence, social and political theory, and social and political philosophy.
Posted in Social Science

Law/Society

Origins, Interactions, and Change

Author: John Sutton

Publisher: Pine Forge Press

ISBN: 9780761987055

Category: Family & Relationships

Page: 301

View: 9996

Foundations of the Sociology of Law provides a conceptual framework for thinking about the full range of topics within the sociology of law discipline. The book: contrasts normative and sociological perspectives on law; presents a primer on the logic of research and inference as applied to law related issues; examines theories of legal change; and discusses law in action with specific reference to civil rights legislation.
Posted in Family & Relationships

Émile Durkheim

Law in a Moral Domain

Author: Roger Cotterrell

Publisher: Capstone

ISBN: 9780748613397

Category: Ethics, Modern

Page: 276

View: 1823

Emile Durkheim: Law in a Moral Domain is the first full-length account in English of Durkheim's ideas on law. Radically challenging standard accounts of these ideas, it draws on a wide range of writings by Durkheim and his co-workers to present his legal thought systematically as a unified, highly original and hitherto unjustly neglected contribution to the understanding of law. Durkheim confronts issues about the moral foundations of contemporary Western law. He explains in relation to such fields as criminal, contract, property, inheritance, industrial, and family law, the values that must underpin this law, justifying these sociologically in terms of law's modern tasks and its historical development. Emile Durkheim: Law in a Moral Domain also surveys the work of jurists who were closely involved in Durkheim's sociological project, but are little known in the common world. It shows Durkheimian legal theory as a rich, multi-faceted enterprise which, until now, has lacked proper recognition. Addressing many standard criticisms of Durkheim's sociology, Professor Cotterrell shows that some of these need substantial reconsideration in the light of Durkheim's work on law.* Accessible account of the whole of Durkheim's writing about law in society* Shows the centrality of Durkeim's legal theory to his social theory as a whole* Reveals Durkheim as a highly original and instructive theorist of law* Does not presuppose prior familiarity with Durkheim's sociology or with legal theory
Posted in Ethics, Modern

The Division of Labor in Society

Author: Emile Durkheim

Publisher: Simon and Schuster

ISBN: 1439118248

Category: Social Science

Page: 416

View: 7501

Revised for the first time in over thirty years, this edition of Emile Durkheim’s masterful work on the nature and scope of sociology is updated with a new introduction and improved translation by leading scholar Steven Lukes that puts Durkheim’s work into context for the twenty-first century reader. When it was originally published, The Division of Labor in Society was an entirely original work on the nature of labor and production as they were being shaped by the industrial revolution. Emile Durkheim’s seminal work studies the nature of social solidarity and explores the ties that bind one person to the next in order to hold society together. This revised and updated second edition fluently conveys Durkheim’s arguments for contemporary readers. Leading Durkheim scholar Steve Lukes’s new introduction builds upon Lewis Coser’s original—which places the work in its intellectual and historical context and pinpoints its central ideas and arguments. Lukes explains the text’s continued significance as a tool to think about and deal with problems that face us today. The original translation has been revised and reworked in order to make Durkheim’s arguments clearer and easier to read. The Division of Labor in Society is an essential resource for students and scholars hoping to deepen their understanding of one of the pioneering voices in modern sociology and twentieth-century social thought.
Posted in Social Science

Law in Modern Society

Author: Denis Galligan

Publisher: OUP Oxford

ISBN: 0191018864

Category: Law

Page: 400

View: 5119

Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influences people's behaviour. The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. Durkheim, and N. Luhmann. Galligan's approach is guided by two main ideas: that the law is a social formation with its own character and features, and that at the same time it interacts with, and is affected by, other aspects of society. In analysing these two ideas, Galligan develops a general framework for law and society within which he considers various aspects including: the nature of social rules and the concept of law as a system of rules; whether law has particular social functions and how legal orders run in parallel; the place of coercion; the characteristic form of modern law and the social conditions that support it; implementation and compliance; and what happens when laws are used to change society. Law in Modern Society encourages legal scholars to consider the law as an expression of social relations, examining the connections and tensions between the positive law of modern society and the spontaneous relations they often try to direct or change.
Posted in Law

Emile Durkheim on Crime and Punishment (An Exegesis)

Author: Seamus Breathnach

Publisher: Universal-Publishers

ISBN: 9781581121544

Category: Law

Page: 176

View: 7949

In civilised society the rising "crime rate" is a thing of terror. Clever governments manipulate it, the public messianically fear it, and the social scientists misunderstand it. In the face of such confusion Emile Durkheim reminds us that without a crime rate society is utterly impossible; it cannot constitute itself, maintain its solidarity, or develop morally. In short, we cannot live with or without a crime rate. This dissertation is an exegetical work, and attempts to unpack the Criminology of Emile Durkheim. It is divided into six chapters, five of which are expository, the sixth critical. It begins with a look - in overview - at Durkheim's philosophy and how it underpins his theories of crime and punishment (chap.1). By their nature theories of crime and punishment (chap.2) presuppose the more primary theoretical formulations both of evolution and society (chap.3), the one answering the theoretical time requirement, the other the spatial requirement, and each symbiotically related to the other in an integral theory of social evolution. Durkheim's treatment of the modern State (and the Conscience Collective) as an organ of social control (chap.4), is of primary importance, not least because it underpins his treatment of the broader issues, such as the connection between civil and criminal law, morality, and authority (chap. 5). Since there is hardly a serious Durkheimian proposition that is reducible to a provable or an uncontentious fact (chap. 6), it can hardly surprise us that, on the one hand, he attracted such copious criticism and, on the other, has remained, perhaps the most popular sociologist of the twentieth and twenty first centuries.
Posted in Law

Émile Durkheim and the Collective Consciousness of Society

A Study in Criminology

Author: Kenneth Smith

Publisher: Anthem Press

ISBN: 1783082380

Category: Social Science

Page: 276

View: 4234

This volume sets out to explore the use of Émile Durkheim’s concept of the ‘collective consciousness of society’, and represents the first ever book-length treatment of this underexplored topic. Operating from both a criminological and sociological perspective, Kenneth Smith argues that Durkheim’s original concept must be sensitively revised and suitably updated for its real relevance to come to the fore. Major adjustments to Durkheim’s concept of the collective consciousness include Smith’s compelling arguments that the model does not apply to everyone equally, and that Durkheim’s concept does not in any way rely on what might be called the disciplinary functions of society.
Posted in Social Science

Marx, Durkheim, Weber

Formations of Modern Social Thought

Author: Ken Morrison

Publisher: SAGE

ISBN: 9780761970569

Category: Social Science

Page: 465

View: 5185

`This is an excellent introduction to classical social theory. For most students it is the only book on the subject that they will need. The expositions are clear and comprehensive, outlining with almost alarming clarity ideas which many of us have to struggle' - Alan Bryman, The Management Centre, University of Leicester This is a thoroughly revised, expanded version of the best selling student text in classical social theory. The book provides an authoritative, accessible undergraduate guide to the three pivotal figures in the classical tradition. Readable and stimulating, the book explains the key ideas of these thinkers and situates them in their historical and philosophical contexts. The student gains an immediate understanding of what is distinctive and relevant about these giants of sociology. The book includes a glossary with over 150 entries. For a decade, the book has been required reading on undergraduate degree programmes. This new edition, refines the material, extends the analysis and enhances our appreciation. It is a nugget in its field.
Posted in Social Science

Social Cohesion and Legal Coercion

A Critique of Weber, Durkheim, and Marx

Author: Leon Shaskolsky Sheleff

Publisher: Rodopi

ISBN: 9789042001640

Category: Philosophy

Page: 402

View: 9650

The book is a critical analysis of the work of Max Weber, Emile Durkheim and Karl Marx. It focuses on their separate analyses of the role of law in society, pointing out their faults and errors, and the resultant impact on modern social science. The author takes issue with Weber's work on rationality, with Durkheim's work on repressive and restitutive law, and with Marx's work on social justice and law as part of the super-structure. In each section of the book he shows the implications that flow from a re-assessment and re-interpretation of their work for an understanding of society. The book is multi-disciplinary, making ample reference to law, sociology, anthropology, history, religion, ecology, criminology, philosophy and economics. Its various chapters discuss a wide range of themes, including rationality, tradition, science, political authority, conflict resolution, community, justice and altruism.
Posted in Philosophy

Sociology and Law

The 150th Anniversary of Emile Durkheim (1858-1917)

Author: Maria Serafimova,Stephen Hunt,with Vladimir Vladov

Publisher: Cambridge Scholars Publishing

ISBN: 1443808733

Category: Social Science

Page: 295

View: 7934

Emile Durkheim’s conceptual framework outlined social reality as a moral social environment consisting of supra-individual norms for thought and action. Law, morals and other spheres of social order are generated within and by society. Law is a visible external symbol. Durkheim reaches the conclusion that penal law is religious in its nature. Most of the texts deal with the relations between Sociology and Law and refer to Durkheim's heritage in dealing with specific problems in different societies and fields of study. Topics range from Socio-Legal Studies and Law, to analyses of constitutions, case studies from the judicial system and civil servants, new religious movements, Durkheim's place in the Sociology of Religion. Other topics cover contemporary ethnic conflict, cyberspace, media, morality, education, gender studies, etc. This book will be of interest to sociologists, lawyers, anthropologists, historians, scholars in cultural studies, religious studies, students, researchers, etc.
Posted in Social Science

Law, Society and Community

Socio-Legal Essays in Honour of Roger Cotterrell

Author: Richard Nobles,David Schiff

Publisher: Routledge

ISBN: 1317107292

Category: Law

Page: 372

View: 7636

This collection of socio-legal studies, written by leading theorists and researchers from around the world, offers original, perceptive and critical contributions to ideas and theories that have been expounded by Roger Cotterrell over a long and distinguished career. Engaging with many classic issues and theories of the sociology of law, the contributions are likely to become classics themselves as they tackle some of the most significant challenges that modern law faces. They do not shy away from what one of the contributors describes as the complexity and multiplicity of our contemporary legal world. The book is organized in three parts: socio-legal themes; methodological and jurisprudential themes; globalization, cultural and comparative law themes. Starting with a chapter that re-engages with the need to interpret legal ideas sociologically, and ending with one that explores the global significance of modern fascination with the idea of the rule of law, this selection offers important additions to the oeuvre of Roger Cotterrell (a list of whose academic writings is included in the book).
Posted in Law

The Sociology of Law

Classical and Contemporary Perspectives

Author: A. Javier Trevino

Publisher: Routledge

ISBN: 1351473700

Category: Law

Page: 500

View: 1301

The purpose of this book is to introduce the sociology of law by providing a coherent organization to the general body of literature in that field. As such, the text gives a comprehensive overview of theoretical sociology of law. It deals with the broad expanse of the field and covers a vast amount of intellectual terrain. This volume is intended to fill a gap in the literature. Most textbooks in the sociology of law are insufficiently theoretical or else do not provide a paradigmatic analysis of sociological theories. The content of this text consists of discussions of the works of scholars who have contributed the most to the cumulative development of the sociology of law. It surveys the major traditions of legal sociology but is not wedded to any one particular theoretical approach. Both the "classical," or nineteenth-century, and "contemporary," or twentieth-century, perspectives are covered. The reader will see that nineteenth-century thought has directly influenced the emergence of twentieth-century theory. One unique feature of this book is that key sociological and legal concepts, presented in bold print and italics, are defined, described, and illustrated throughout. Although the nature of the subject matter is highly theoretical and, at times, quite complex, Trevino values every effort to present the material in the most straightforward and intelligible form possible without compromising the integrity of the theories themselves. In short, this book aims to accomplish three objectives: inform about the progressive advancement of sociological theory, teach the reader to analyze the law as a social phenomenon, and develop in the reader a critical mode of thinking about issues relevant to the relationship between law and society.
Posted in Law

Émile Durkheim and the Collective Consciousness of Society

A Study in Criminology

Author: Kenneth SmithKenneth Smith

Publisher: Anthem Press

ISBN: 1783082275

Category: Social Science

Page: 276

View: 4682

This volume sets out to explore the use of Émile Durkheim’s concept of the ‘collective consciousness of society’, and represents the first ever book-length treatment of this underexplored topic. Operating from both a criminological and sociological perspective, Kenneth Smith argues that Durkheim’s original concept must be sensitively revised and suitably updated for its real relevance to come to the fore. Major adjustments to Durkheim’s concept of the collective consciousness include Smith’s compelling arguments that the model does not apply to everyone equally, and that Durkheim’s concept does not in any way rely on what might be called the disciplinary functions of society.
Posted in Social Science

Social Cohesion and Legal Coercion

A Critique of Weber, Durkheim, and Marx

Author: Leon Shaskolsky Sheleff

Publisher: Rodopi

ISBN: 9789042001855

Category: Philosophy

Page: 402

View: 4654

The book is a critical analysis of the work of Max Weber, Emile Durkheim and Karl Marx. It focuses on their separate analyses of the role of law in society, pointing out their faults and errors, and the resultant impact on modern social science. The author takes issue with Weber's work on rationality, with Durkheim's work on repressive and restitutive law, and with Marx's work on social justice and law as part of the super-structure. In each section of the book he shows the implications that flow from a re-assessment and re-interpretation of their work for an understanding of society. The book is multi-disciplinary, making ample reference to law, sociology, anthropology, history, religion, ecology, criminology, philosophy and economics. Its various chapters discuss a wide range of themes, including rationality, tradition, science, political authority, conflict resolution, community, justice and altruism.
Posted in Philosophy

Law's Community

Legal Theory in Sociological Perspective

Author: Roger Cotterrell

Publisher: Oxford University Press

ISBN: 9780198264903

Category: Law

Page: 381

View: 862

Law's Community offers a distinctive analysis of law, identifying political and moral problems that are fundamental to contemporary legal theory. It portrays contemporary law as institutionalized doctrine, emphasizing ways in which legal modes of thought influence wider currents of understanding and belief in contemporary Western societies. Exploring relationships between law and sociology as contrasting and competing fields of knowledge, Law's Community develops ideas from social theoryto identify key problems for legal development; in particular, those of restoring moral authority to law and of elaborating a concept of community that can guide legal regulation. The analysis leads to radical conclusions: among them, that law's functions need reconsideration at the most general level, that a unitary state legal system as portrayed in traditional kinds of legal theory may no longer be adequate in complex contemporary societies, and that law should be reconceptualized as a diverse but co-ordinated plurality of systems, sites, and forms of regulation.
Posted in Law

Capital Punishment in Canada

A Sociological Study of Repressive Law

Author: David B. Chandler

Publisher: McGill-Queen's Press - MQUP

ISBN: 9780771097942

Category: Law

Page: 224

View: 1387

Chandler has thoroughly researched the Canadian context of the recurring and often emotional discussion of capital punishment.
Posted in Law

Law, Culture and Society

Legal Ideas in the Mirror of Social Theory

Author: Professor Roger Cotterrell

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409493105

Category: Law

Page: 206

View: 699

This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal 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 recognizes 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, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization 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.
Posted in Law

Law in Modern Society

Author: Roberto Mangabeira Unger

Publisher: Simon and Schuster

ISBN: 0029328802

Category: Law

Page: 309

View: 6354

"Law in Modern Society" is a comparative study of the place of law in societies as well as a criticism of social theory. Under what conditions do different kinds of law emerge? What are the bases of the rule of law ideal that marks advanced liberal, capitalist societies? What can the study of law teach us about social hierarchy and moral vision in these societies, and, indeed, about the specificity of Western civilization? Why do we find it necessary to struggle for the rule of law and impossible to achieve it? What political possibilities are closed or opened by present-day changes in the established styles of legality and legal thought? Unger deals with these questions in a broad range of historical settings. But he also relates them to the central issues of social theory: the method of explanation, the conditions of social order, and the nature of 'modern' society. the book argues that to resolve its own internal dilemmas the science of society must once again become both metaphysical and political.
Posted in Law

Politics, Law and Ritual in Tribal Society

Author: Max Gluckman

Publisher: Transaction Publishers

ISBN: 9780202368016

Category: Antropologia cultural

Page: 339

View: 7185

Posted in Antropologia cultural