Law, Society, and History: Themes in the Legal Sociology and Legal History of Lawrence M. Friedman

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This book assembles essays on legal sociology and legal history by an international group of distinguished scholars. All of them have been influenced by the eminent and prolific legal historian, legal sociologist, and scholar of comparative law, Lawrence M. Friedman. Not just a Festschrift of essays by colleagues and disciples, this volume presents a sustained examination and application of Friedman's ideas and methods. Some of the writers directly assess and comment on Friedman's vast body of work, while others examine his conclusions to see how well they have stood up over time. Various contributors apply concepts and insights derived from Friedman's work to the study of similar problems in different periods and societies. And others use Friedman's concepts and insights as a foil or contrast to their own approaches to studying law and society from theoretical perspectives very different from his. Together, the essays in this volume show the powerful ripple effects of Friedman's work on American and comparative legal sociology, American and comparative legal history, and the general sociology of law and legal change.
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Product Details

Meet the Author

Robert W. Gordon is Chancellor Kent Professor of Law and Legal History at Yale University. He has also taught at the universities of Buffalo, Wisconsin and Stanford. He is the author of The Legacy of Oliver Wendell Holmes, Jr., Critical Legal Histories and many articles on the history of the legal profession, the uses of history in legal argument and contract law. He is at work on a history of the American legal profession in the twentieth century.

Morton J. Horwitz is Charles Warren Professor of the History of American Law at Harvard University. He is the author of The Transformation of American Law 1780-1860, which won the Bancroft Prize in American History, The Transformation of American Law, 1870-1960 and The Warren Court and the Pursuit of Justice. He is at work on a history of the Supreme Court under Chief Justice Earl Warren, a volume in the Holmes Devise History of the Supreme Court.

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Table of Contents

Part I. Overviews and Assessments of Friedman's Work: 1. Lawrence Friedman and the canons of law and society Lauren Edelman;
2. 'Then and now': Lawrence Friedman as an analyst of social change Vincenzo Ferrari;
3. Lawrence Friedman and the bane of functionalism Victoria Woeste;
4. Lawrence M. Friedman's comparative law Thomas Ginsburg;
Part II. Applications of Concepts, Insights and Methods in Friedman's Work: 5. To influence, shape and globalize: popular legal culture and law Jo Carrillo;
6. Exploring legal culture: a few cautionary remarks from comparative research Jose Juan Toharia;
7. The travails of total justice Marc Galanter;
8. 'Total justice' and political conservativism Robert A. Kagan;
9. Friedman on lawyers: a survey Philip Lewis;
10. Legal culture and the state in modern Japan: continuity and change Setsuo Miyasawa and Malcolm Feeley;
11. The death of contract: dodos and unicorns or sleeping rattlesnakes? Stewart Macaulay;
12. Law society and the environment Robert V. Percival;
13. American religiosity: why the difference with France? James Whitman;
14. Same-sex marriage: situating a modern controversy in historical context Joanna L. Grossman;
Part III. Facts from the Underground: Digging Legal History out of the Cellar: 15. Historian in the cellar George Fisher;
16. The discreet charm of inquisitorial procedure: judges and lawyers in a case of lèse majesté
in late 18th century Venezuela Rogelio Pérez Perdomo;
17. 'Keep the negroes out of the classes with the most girls': lynching, standardized testing, and portraiture as support for white supremacy at the University of Texas, 1899-1999 Thomas D. Russell;
18. Legal realism goes offshore: debates over rule of law and the control of ocean resources, 1937-53 Harry N. Scheiber;
Part IV. Perspectives from Other Conceptual Worlds: 19. Sociological jurisprudence - impossible but necessary: the case of contractual networks Gunther Teubner;
20. How American legal academics' positions on economic-efficiency analysis, moral philosophy and valid legal argument disserve law and society empirical research Richard Markovits.
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