Law in Social Theory

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Aldershot: 2006 Hardcover Near Fine 0754625087. First edition. About fine in burgundy cloth. No dust jacket, as issued.

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More About This Textbook

Overview

Taking a broad view of social theory, this book demonstrates the importance of this theory for the study of contemporary law. Through studies of the work of Weber, Durkheim, Gurvitch, Habermas, Luhmann, Derrida, Bourdieu, Foucault, Schmitt, Neumann and others, the essays address such fundamental topics as the changing forms of regulation, law's relations with morals and beliefs, law and democracy and prospects for the rule of law in the context of globalisation.
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Product Details

Table of Contents

1 The sociology of law as an empirical theory of validity 3
2 Formal and substantive rationality in American law : a Weberian perspective 29
3 Process rationality as legal governance : a comparative perspective 57
4 Some false premises of Max Weber's sociology of law 83
5 A formal restatement of Durkheim's "division of labor" theory 99
6 Durkheim on collective memory 125
7 Constructing the juristic Durkheim? : Paul Huvelin's adaptation of Durkheimain sociology 147
8 Emmanuel Levy and legal studies : a view from abroad 161
9 Georges Davy and the origin of contract 173
10 Integrating reciprocal perspectives : on Gurvitch's theory of immediate jural experience 185
11 Can rights, democracy, and justice be reconciled through discourse theory? : reflections on Habermas's proceduralist paradigm of law 213
12 Habermas on nationalism and cosmopolitanism 247
13 De Collisione Discursuum : communicative rationalities in law, morality, and politics 269
14 The ambitious modesty of Niklas Luhmann 287
15 Economics of gift - positivity of justice : the mutual paranoia of Jacques Derrida and Niklas Luhmann 315
16 On Pierre Bourdieu's legal thought 335
17 Between governance and discipline : the law and Michel Foucault 353
18 From discipline to flexibilization? : rereading Foucault in the shadow of globalization 383
19 The death of the social? : re-figuring the territory of government 395
20 Stealing the natural language : the fiction of the social contract and legality in the light of Nietzsche's philosophy 425
21 'Now the machine runs itself' : Carl Schmitt on Hobbes and Kelsen 445
22 International law as political theology : how to read Nomos der Erde? 465
23 The rule of law in transition : revisiting Franz Neumann's sociology of legality 485
24 Franz Neumann : legal theorist of globalization? 505
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