Living Law: Studies in Legal and Social Theory

Living Law: Studies in Legal and Social Theory

by Roger Cotterrell

ISBN-10: 0754627101

ISBN-13: 9780754627104

Pub. Date: 05/01/2008

Publisher: Ashgate Publishing, Limited

Product Details

Ashgate Publishing, Limited
Publication date:
Collected Essays in Law Series
Product dimensions:
6.00(w) x 8.90(h) x 1.30(d)

Table of Contents

Pt. 1 The Scope of Legal Inquiry

1 Subverting Orthodoxy, Making Law Central: A View of Sociolegal Studies 3

2 Community as a Legal Concept? Some Uses of a Law-and-Community Approach in Legal Theory 17

3 From 'Living Law' to the 'Death of the Social': Sociology in Legal Theory 29

4 Pandora's Box: Jurisprudence in Legal Education 45

Pt. 2 Sociolegal Theory and Theorists

5 Living Law Revisited: Communitarianism and Sociology of Law 57

6 Emmanuel Levy and Legal Studies: A View from Abroad 73

7 Durkheim's Loyal Jurist? The Sociolegal Theory of Paul Huvelin 85

8 The Rule of Law in Transition: Revisiting Franz Neumann's Sociology of Legality 101

9 The Representation of Law's Autonomy in Autopoiesis Theory 121

10 Images of Europe in Sociolegal Traditions 145

Pt. 3 Interpreting Legal Ideas Sociologically

11 The Development of Capitalism and the Formalisation of Contract Law 167

12 The Law of Property and Legal Theory 183

13 Some Sociological Aspects of the Controversy around the Legal Validity of Private Purpose Trusts 201

14 Trusting in Law: Legal and Moral Concepts of Trust 235

15 Some Aspects of the Communication of Constitutional Authority 257

16 Comparative Law and Legal Culture 281

Pt. 4 Law, Morality, Community

17 Common Law Approaches to the Relationship between Law and Morality 313

18 Legal Effects and Moral Meanings: A Comment on Recent Debates on Approaches to Legislation 331

19 Ideals and Values in Law: A Comment on The Importance of Ideals 351

20 Culture, Comparison, Community 363

21 Lawyers and the Building of Communities 373

Name Index 379

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