Law In The Sociological Enterprise / Edition 1

Law In The Sociological Enterprise / Edition 1

by Lisa J Mcintyre
     
 

ISBN-10: 0813319498

ISBN-13: 9780813319490

Pub. Date: 12/01/1994

Publisher: Westview Press

Few would dispute the notion that law has a tremendous impact on modern life. But social scientists who study the dynamics of family, work, medicine, and other institutions often ignore the pervasive influence of law. This introduction to the legal world and the sociology of law shows how social scientists can better account for the influences of legal issues in a…  See more details below

Overview

Few would dispute the notion that law has a tremendous impact on modern life. But social scientists who study the dynamics of family, work, medicine, and other institutions often ignore the pervasive influence of law. This introduction to the legal world and the sociology of law shows how social scientists can better account for the influences of legal issues in a wide range of social settings.

Incorporating historical and cross-cultural research in her book, Lisa McIntyre explains the general effects of law on interpersonal relations, the concept of a civil contract, and the relationship of law to social norms. Discussing the reasons some societies and some domains within societies have more law than others, she shows that, contrary to popular wisdom, law is not only a reflection of social values but also fundamental to the formation of those values.

Product Details

ISBN-13:
9780813319490
Publisher:
Westview Press
Publication date:
12/01/1994
Pages:
256
Product dimensions:
0.57(w) x 6.00(h) x 9.00(d)

Table of Contents

List of Figures
Foreword
Acknowledgments
Pt. 1The Civil Contract Perspective1
1A Sociological Conception of Law9
The Idea of Contract13
Law as Civil Contract18
Elements of the Civil Contract20
Civil Contract and Society23
2Law and Social Relationships31
Persons and Nonpersons31
Corporations as Persons33
Human Persons38
InterPersonal Relationships43
3The Civil Domain and Nonpersons47
Nonpersons in Modern Society62
A Caveat65
Law: Conflict or Consensus66
4The Civil Domain in Society67
Durkheim's View of Legal Evolution Rehabilitated77
The Civil Domain: The Modern Contrast80
Changes in the Size of the Civil Domain85
5Social and Legal Expectations95
Durkheim's Legacy: Law and Solidarity95
The Civil Contract and Legal Expectations98
Laws, Social Norms, and Morals100
The "Operationalization" Process104
Looking Ahead: The Role of Ideas in Law and Society107
6The Constitutive Effects of Law109
How Law Creates a World113
The Dialectic of Norms120
The Importance of Legitimating Formulas131
Law in the Sociology of Knowledge134
Pt. 2Law in Society137
7The Civil Contract and Family Life in the United States139
English Roots140
The Diversity of Common Law145
The Colonial Experience146
The Republican Family147
Economic Change150
The Emergence of American Family Law152
Modern Family Law161
Family and Law in the Twenty-First Century165
8The Civil Contract and Working Life in the United States167
The Impact of Industrialization on Work171
Economic Upheaval and Legal Shenanigans174
What Did Labor Want?180
The Impact of Early Regulation183
A New Century, A New Era in the Workplace186
More Attempts to Regulate187
Labor Relations: From the Communal to the Civil Domain188
Labor in the Post-Wagner Act Era190
The Rise of Employment Law193
Employment at Will194
Protection in the Workplace: Physical Harm and Beyond196
The Impact of Law on the Workplace in the Late Twentieth Century202
9Final Words205
Bibliography211
Cases Cited225
A Brief Guide to Case Citations229
About the Book and Author231
Index233

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