Beyond Law in Context

Developing a Sociological Understanding of Law

Nonfiction, Reference & Language, Law
Cover of the book Beyond Law in Context by David Nelken, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: David Nelken ISBN: 9781351955607
Publisher: Taylor and Francis Publication: September 8, 2017
Imprint: Routledge Language: English
Author: David Nelken
ISBN: 9781351955607
Publisher: Taylor and Francis
Publication: September 8, 2017
Imprint: Routledge
Language: English

This intriguing collection of essays by David Nelken examines the relationship between law, society and social theory and the various ideas social theorists have had about the actual and ideal 'fit' between law and its social context. It also asks how far it is possible to get beyond this mainstream paradigm. The value of social theorising for studying law is illustrated by specific developments in substantive areas such as housing law, tort law, the law of evidence and criminal law. Throughout the chapters the focus is on the following questions. What is gained (and what may be lost) by putting law in context? What attempts have been made to go beyond this approach? What are their (necessary) limits? Can law be seen as anything other than in some way both separate from and relating to 'the social'? The distinctiveness of this approach lies in its effort to keep in tension two claims. Firstly, that social theorising about legal practices is vitally important for understanding the connections between legal and social structures and revealing what law means and does for (and to) various social actors. The second point is that it does not follow that what we learn in this way can be assumed to be necessarily relevant to (re)shaping legal practices without further argument that pays heed to law's specificity.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This intriguing collection of essays by David Nelken examines the relationship between law, society and social theory and the various ideas social theorists have had about the actual and ideal 'fit' between law and its social context. It also asks how far it is possible to get beyond this mainstream paradigm. The value of social theorising for studying law is illustrated by specific developments in substantive areas such as housing law, tort law, the law of evidence and criminal law. Throughout the chapters the focus is on the following questions. What is gained (and what may be lost) by putting law in context? What attempts have been made to go beyond this approach? What are their (necessary) limits? Can law be seen as anything other than in some way both separate from and relating to 'the social'? The distinctiveness of this approach lies in its effort to keep in tension two claims. Firstly, that social theorising about legal practices is vitally important for understanding the connections between legal and social structures and revealing what law means and does for (and to) various social actors. The second point is that it does not follow that what we learn in this way can be assumed to be necessarily relevant to (re)shaping legal practices without further argument that pays heed to law's specificity.

More books from Taylor and Francis

Cover of the book Climate Change and Resource Conflict by David Nelken
Cover of the book Future Trends in East Asian International Relations by David Nelken
Cover of the book Creation, Evolution and Meaning by David Nelken
Cover of the book Fixing Financial Crises in the 21st Century by David Nelken
Cover of the book Bion and Contemporary Psychoanalysis by David Nelken
Cover of the book The Modern Steel House by David Nelken
Cover of the book The Poverty of Structuralism by David Nelken
Cover of the book Bruno Latour by David Nelken
Cover of the book Semantic Priming by David Nelken
Cover of the book If God is Dead, Everything is Permitted? by David Nelken
Cover of the book Competence by David Nelken
Cover of the book The Controlled Economy (Routledge Revivals) by David Nelken
Cover of the book Sor Juana Inés de la Cruz and the Gender Politics of Knowledge in Colonial Mexico by David Nelken
Cover of the book Heidegger on Death by David Nelken
Cover of the book The Holistic Care and Development of Children from Birth to Three by David Nelken
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy