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  5. Law and Society: Critical Approaches

Law and Society: Critical Approaches, 1st edition

  • Gerald Turkel

Published by Pearson (November 28th 1995) - Copyright © 1996

1st edition

Law and Society: Critical Approaches

ISBN-13: 9780205139828

Includes: Paperback
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$138.66 $173.32

What's included

  • Paperback

    You'll get a bound printed text.

Overview

This book presents a critical approach to issues in law and society. It is concerned with defining how the rule of law has changed as a result of changes in the economy; the development of social movements in the U.

Table of contents



1. Introduction: Approaches to Law and Society.

Some Directions from the U.S. Experience.

The Social Construction of Law.

Defining Law by Approaches to the Study of Law.

Max Weber's Typology of Approaches to the Study of Law.

Alternative Sociological Approaches to Law.


2. Law, Solidarity, and Social Organization.

Positivist Approaches.

Emile Durkheim: Law, Social Organization and Morality.

Law, Solidarity and Moral Boundaries.


3. Liberal Society, Rationality, and the Rule of Law.

Classical Liberalism and the Rule of Law.

The Rule of Law and Rational Social Life.

Rationality and Types of Legal Decision Making.

The Rule of Law and Formal Rationality.

The Rule of Law and Corporate Capitalism.


4. Law and the Logic of Capitalism.

Karl Marx: The Rule of Capital and the Rule of Law.

The Logic of Capital.

Alienated Labor.

Essential Legal Relations.

Law and the Political Relations of Capitalism.

Law and Ideology.


5. Law and Power and Democracy.

The Rule of Law, Political Democracy and Economic Concentration.

Loan Guarantee Legislation and the Rule of Law.

Instrumentalism: Pluralist and Corporate Elite Approaches.

Structuralism: Alternatives to Pluralist and Corporate Elite Approaches.

A Dialectical Approach to Law and Power.

Contradiction and Crisis in the California Fisheries.

Power and the Implementation of Law.

Government Litigation and State Power.


6. Law, Private Life, and Public Order.

Law, Society and the Public/Private Division.

Hannah Arendt: The Public/Private Division and Modern Society.

Critics of the Public/Private Division in Law and Society.

Law, the Public/Private Division, and Social Patriarchy.

Law, Society and Property: Between Public and Private.

Bankruptcy Law: From Personal Stigma to Social Condition.


7. The Autonomy of Law: Society, Legal Institutions and Legal Reasoning.

Defining the Autonomy of Law.

Sources of Legal Autonomy.

Limits to Legal Autonomy.

Legal Autonomy and Legislative Law Making.


8.

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