Law in Modern Society

Author: Denis Galligan
Publisher: OUP Oxford
ISBN: 0191018864
Format: PDF
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Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influences people's behaviour. The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. Durkheim, and N. Luhmann. Galligan's approach is guided by two main ideas: that the law is a social formation with its own character and features, and that at the same time it interacts with, and is affected by, other aspects of society. In analysing these two ideas, Galligan develops a general framework for law and society within which he considers various aspects including: the nature of social rules and the concept of law as a system of rules; whether law has particular social functions and how legal orders run in parallel; the place of coercion; the characteristic form of modern law and the social conditions that support it; implementation and compliance; and what happens when laws are used to change society. Law in Modern Society encourages legal scholars to consider the law as an expression of social relations, examining the connections and tensions between the positive law of modern society and the spontaneous relations they often try to direct or change.

Law and Society in Modern India

Author: Marc Galanter
Publisher: Oxford University Press, USA
ISBN: 9780195632057
Format: PDF, Kindle
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Though "modern Indian law" is actually of Western origin, Galanter here contends that independent India has accepted this mid-twentieth century legal system intellectually and institutionally. His thirteen articles, covering a wide range of issues in Indian society, explore the operation of modern Indian law and explicate the ways in which a complex body of formal law accommodates and adjusts itself to local conditions to which it is alien.

Serving Two Masters

Author: Janine Griffiths-Baker
Publisher: Hart Publishing
ISBN: 1841132292
Format: PDF, Kindle
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It is important that lawyers should not allow themselves to act for two clients whose interests may, potentially, conflict. However, this principle is being placed under increasing pressure, the main reasons for this being increased demand for specialist legal services, the globalization of commerce, a dramatic growth in the size of leading law firms, and significantly greater mobility within the legal profession. As a result, there is a growing trend, especially within the commercial legal environment, for solicitors to face conflicts of interest which have no easy solution. Increasingly, conflicts are being "managed" rather than avoided altogether. This is a field within which the Law Society's own rules are flouted on a daily basis, and in which these rules appear increasingly at odds with the common law. Based on extensive interviews with lawyers and their clients, this book provides the first thorough consideration of how conflicts of interest are handled within law firms.

The Mythology of Modern Law

Author: Peter Fitzpatrick
Publisher: Routledge
ISBN: 1134890508
Format: PDF, ePub, Docs
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The Mythology of Modern Law is a radical reappraisal of the role of myth in modern society. Peter Fitzpatrick uses the example of law, as an integral category of modern social thought, to challenge the claims of modernity which deny the relevance of myth to modern society.

Indonesia

Author: Timothy Lindsey
Publisher: Federation Press
ISBN: 9781862876606
Format: PDF, Docs
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Since the first edition, Indonesia has undergone massive political and legal change as part of its post-Soeharto reform process and its dramatic transition to democracy. This work contains 25 new chapters and the 4 surviving chapters have all been revised, where necessary. Indonesia: Law and Society now covers a broad range of legal fields and includes both historical and very up-to-date analyses and views on Indonesian legal issues. It includes work by leading scholars from a wide range of countries. There is still no comparable, English language text in existence.

Modernism and the Grounds of Law

Author: Peter Fitzpatrick
Publisher: Cambridge University Press
ISBN: 9780521002530
Format: PDF, ePub, Docs
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Existing approaches to the relation of law and society have for a long time seen law as either autonomous or grounded in society. Drawing on untapped resources in social theory, Fitzpatrick finds law pivotally placed in and beyond modernity. Being itself of the modern, law takes impetus and identity from modern society and, through incorporating 'pre-modern' elements of savagery and the sacred, it comes to constitute that very society. When placing law in such a crucial position for modernity, Fitzpatrick ranges widely from the colonizations of the Americas, through the thought of the European Enlightenment, and engages finally with contemporary arrogations of the 'global'. By extending his previous work on the origins of modernity, this book makes a significant contribution to continuing developments in law and society, legal philosophy, and jurisprudence.

Law in Modern Society

Author: Roberto Mangabeira Unger
Publisher: Simon and Schuster
ISBN: 0029328802
Format: PDF, ePub, Docs
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"Law in Modern Society" is a comparative study of the place of law in societies as well as a criticism of social theory. Under what conditions do different kinds of law emerge? What are the bases of the rule of law ideal that marks advanced liberal, capitalist societies? What can the study of law teach us about social hierarchy and moral vision in these societies, and, indeed, about the specificity of Western civilization? Why do we find it necessary to struggle for the rule of law and impossible to achieve it? What political possibilities are closed or opened by present-day changes in the established styles of legality and legal thought? Unger deals with these questions in a broad range of historical settings. But he also relates them to the central issues of social theory: the method of explanation, the conditions of social order, and the nature of 'modern' society. the book argues that to resolve its own internal dilemmas the science of society must once again become both metaphysical and political.

Law and Society

Author: Steven Vago
Publisher:
ISBN:
Format: PDF, Mobi
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This informative, highly readable and comprehensive book offers a balanced, current and comprehensive overview of the legal system and administrative, criminal and civil law in cross-cultural context. The book considers the most recent theories and research findings, and emphasizes developing trends. It focuses on the evolution of modern legal systems, current intellectual movements in law, interplay between law and social change and the main concerns and issues in the profession and practice of law. This is the only book that considers multicultural and cross-cultural issues in a contemporary context with an interdisciplinary emphasis. Extensive new material includes detailed and up-to-date discussions on the transformation of legal systems in Central and Eastern Europe and the former Soviet Union and some of the unintended consequences which promoted organized crime; critical race theory; community policing in Japan; trends in sentencing guidelines; and a variety of new developments in alternative dispute resolution and in the death penalty controversy. For anyone with an interest in law and society.

Law and society

Author: Lawrence Meir Friedman
Publisher: Prentice Hall
ISBN:
Format: PDF, Mobi
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Surveys the functions and practice of law, its origins, history, and twentieth-century developments and characteristics, and theories and research bearing on legal systems