Émile Durkheim

law in a moral domain

Author: Roger Cotterrell

Publisher: N.A

ISBN: 9780748613397

Category: Law

Page: 276

View: 3792

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Émile Durkheim

Law in a Moral Domain

Author: Roger B. M. Cotterrell

Publisher: Stanford University Press

ISBN: 9780804738088

Category: Social Science

Page: 276

View: 5468

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This book seeks to provide a fully comprehensive and systematic account of Durkheim’s legal theory. Indeed, because his writings on law and on the sociology of law are scattered throughout his work, this book is in fact the first attempt in English to provide a detailed analysis of the entirety of Durkheim’s legal thought. The author argues that for Durkheim legal questions and moral questions were ultimately inseparable—not so much because law and morality cannot be analytically disentangled (as some legal philosophers argue), as because morality is embodied in the conditions of social life, the rules for which are articulated by law. Thus, for Durkheim, the study of law was an absolutely essential and central part of the sociological enterprise. Law aspires to express the moral commitments of people living in many different kinds of relationships of community, reflecting the values of those whose life it regulates. Durkheim’s writings have a parallel aspiration: they use history, ethnography, and social theory to uncover the intricate and shifting moral foundations of law—foundations uncovered empirically by studying the social phenomena in which they reside, and by understanding the nature of those phenomena and the conditions of their being.

Conjectures and Refutations

The Growth of Scientific Knowledge

Author: Karl Popper

Publisher: Routledge

ISBN: 1135971374

Category: Philosophy

Page: 608

View: 2526

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Conjectures and Refutations is one of Karl Popper's most wide-ranging and popular works, notable not only for its acute insight into the way scientific knowledge grows, but also for applying those insights to politics and to history. It provides one of the clearest and most accessible statements of the fundamental idea that guided his work: not only our knowledge, but our aims and our standards, grow through an unending process of trial and error.

Comparative Law in a Global Context

The Legal Systems of Asia and Africa

Author: Werner F. Menski

Publisher: Cambridge University Press

ISBN: 1139452711

Category: Law

Page: N.A

View: 5098

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Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.

How the Law Works

Author: Gary Slapper

Publisher: Routledge

ISBN: 1317218019

Category: Law

Page: 320

View: 5426

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‘How the Law Works is a gem of a book, for law students and for everyone else. It is a must read for anyone interested in how society is shaped and controlled via law.’ Dr Steven Vaughan, solicitor, Senior Lecturer, Birmingham Law School ‘How the Law Works is a comprehensive, witty and easy-to-read guide to the law. I thoroughly recommend it to non-lawyers who want to improve their knowledge of the legal system and to potential students as an introduction to the law of England and Wales.’ HH Judge Lynn Tayton QC Reviews of the first edition: ‘A friendly, readable and surprisingly entertaining overview of what can be a daunting and arcane subject to the outsider.’ The Law Teacher ‘An easy-to-read, fascinating book . . . brimful with curios, anecdote and explanation.’ The Times How the Law Works is a refreshingly clear and reliable guide to today’s legal system. Offering interesting and comprehensive coverage, it makes sense of all the curious features of the law in day to day life and in current affairs. Explaining the law and legal jargon in plain English, it provides an accessible entry point to the different types of law and legal techniques, as well as today’s compensation culture and human rights law. In addition to explaining the role of judges, lawyers, juries and parliament, it clarifies the mechanisms behind criminal and civil law. How the Law Works is essential reading for anyone approaching law for the first time, or for anyone who is interested in an engaging introduction to the subject’s bigger picture.

Getting to the Rule of Law

NOMOS L

Author: James E. Fleming

Publisher: NYU Press

ISBN: 0814728448

Category: Political Science

Page: 311

View: 5886

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The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.

A Sociology of Transnational Constitutions

Author: Chris Thornhill

Publisher: Cambridge University Press

ISBN: 1107038529

Category: History

Page: 538

View: 8152

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This book develops a unique sociological approach to the analysis of transnational legal norms. This title is also available as Open Access.

The Taming of Chance

Author: Ian Hacking

Publisher: Cambridge University Press

ISBN: 9780521388849

Category: History

Page: 264

View: 7634

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This book combines detailed scientific historical research with characteristic philosophic breadth and verve.

Theory and Metatheory in International Relations

Concepts and Contending Accounts

Author: F. Chernoff

Publisher: Springer

ISBN: 0230606881

Category: Political Science

Page: 223

View: 2584

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This book uses three controversial contemporary American foreign policy problems to introduce students to the 'new debates' in international relations, in which the criticisms of constructivism, interpretivism, and postmodernism are presented against traditional positivist concepts of social science.

Sites of Memory, Sites of Mourning

The Great War in European Cultural History

Author: Jay Winter

Publisher: Cambridge University Press

ISBN: 113995296X

Category: History

Page: N.A

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Jay Winter's powerful study of the 'collective remembrance' of the Great War offers a major reassessment of one of the critical episodes in the cultural history of the twentieth century. Dr Winter looks anew at the culture of commemoration and the ways in which communities endeavoured to find collective solace after 1918. Taking issue with the prevailing 'modernist' interpretation of the European reaction to the appalling events of 1914–18, Dr Winter instead argues that what characterised that reaction was, rather, the attempt to interpret the Great War within traditional frames of reference. Tensions arose inevitably. Sites of Memory, Sites of Mourning is a profound and moving book of seminal importance for the attempt to understand the course of European history during the first half of the twentieth century.

The Politics of Jurisprudence

A Critical Introduction to Legal Philosophy

Author: Roger B. M. Cotterrell

Publisher: University of Pennsylvania Press

ISBN: 9780812213935

Category: Law

Page: 277

View: 2166

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Selected by Choice magazine as an Outstanding Academic Title In The Politics of Jurisprudence, Roger Cotterrell offers a concise introduction to and commentary on Anglo-American jurisprudence, and a contribution to the study of the development of American and English general conceptions of law since the establishment of modern legal professions in the U.S. and Britain.

The New Blackwell Companion to Social Theory

Author: Bryan S. Turner

Publisher: John Wiley & Sons

ISBN: 144430500X

Category: Social Science

Page: 640

View: 9794

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A comprehensive new collection covering the principal traditions and critical contemporary issues of social theory. Builds on the success of The Blackwell Companion to Social Theory, second edition with substantial revisions, entirely new contributions, and a fresh editorial direction Explores contemporary areas such as actor network theory, social constructionism, human rights and cosmopolitanism Includes chapters on demography, science and technology studies, and genetics and social theory Emphasizes key areas of sociology which have had an important impact in shaping the discipline as a whole

Pictorial Law

Modern Law and the Power of Pictures

Author: Volker Boehme-Neßler

Publisher: Springer Science & Business Media

ISBN: 9783642118890

Category: Law

Page: 226

View: 4489

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We live in a digital Media Society, in which pictures are becoming more and more important. So, human communication is increasingly becoming a visual communication. That is not a new finding. But the new question is: What does this development mean for the law? Up to now the law is the part of the society which is most sceptical towards images. Law has still resisted the visual temptation. This will not last for ever. The rush of pictures in everyday life and in every part of the society is much too strong - and it is even getting stronger. The invasion of images will change the character of modern law deeply. Modern law will become a Pictorial Law.What are the chances and the risks of Pictorial Law and visual law communication? This is the topic of the book.

Workers Against Lenin

Labour Protest and the Bolshevik Dictatorship

Author: Jonathan Aves

Publisher: I.B.Tauris

ISBN: 9781860640674

Category: Political Science

Page: 220

View: 2313

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This work challenges the view, widely held among historians of the Bolshevik revolution, that the upsurge of labour unrest of 1920-22 was the result of the appalling living conditions caused by the Civil War, had little significant content and was largely a sideshow to the huge conflict between the Bolsheviks and the peasants. Based on a wide reading of the contemporary Soviet press, archive sources and first-hand accounts by Bolsheviks and non-Bolsheviks, this work shows how rank and file opposition to the leadership in the Bolshevik-dominated trade unions grew, and how support for non-Bolshevik trade unions and political parties developed fast.

The Cunning of Recognition

Indigenous Alterities and the Making of Australian Multiculturalism

Author: Elizabeth A. Povinelli

Publisher: Duke University Press

ISBN: 0822383675

Category: Social Science

Page: 352

View: 5605

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The Cunning of Recognition is an exploration of liberal multiculturalism from the perspective of Australian indigenous social life. Elizabeth A. Povinelli argues that the multicultural legacy of colonialism perpetuates unequal systems of power, not by demanding that colonized subjects identify with their colonizers but by demanding that they identify with an impossible standard of authentic traditional culture. Povinelli draws on seventeen years of ethnographic research among northwest coast indigenous people and her own experience participating in land claims, as well as on public records, legal debates, and anthropological archives to examine how multicultural forms of recognition work to reinforce liberal regimes rather than to open them up to a true cultural democracy. The Cunning of Recognition argues that the inequity of liberal forms of multiculturalism arises not from its weak ethical commitment to difference but from its strongest vision of a new national cohesion. In the end, Australia is revealed as an exemplary site for studying the social effects of the liberal multicultural imaginary: much earlier than the United States and in response to very different geopolitical conditions, Australian nationalism renounced the ideal of a unitary European tradition and embraced cultural and social diversity. While addressing larger theoretical debates in critical anthropology, political theory, cultural studies, and liberal theory, The Cunning of Recognition demonstrates that the impact of the globalization of liberal forms of government can only be truly understood by examining its concrete—and not just philosophical—effects on the world.

Copy, rip, burn

the politics of copyleft and open source

Author: David M. Berry

Publisher: Pluto Pr

ISBN: 9780745324142

Category: Political Science

Page: 257

View: 2077

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A readable guide to the revolutionary potential of open source and copyleft

Marginal Europe

The Contribution of Marginal Lands Since the Middle Ages

Author: Sidney Pollard

Publisher: Oxford University Press

ISBN: N.A

Category: Art

Page: 327

View: 1273

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The momentum of the British industrial revolution arose mostly in regions poorly endowed by nature, badly located and considered backward and poor by contemporaries. Sidney Pollard examines the initially surprising contribution made by the population of these and other `marginal areas' (mountains, forests and marshes) to the economic development of Europe since the Middle Ages. He provides case studies of periods in which marginal areas took the lead in economic development, such as theDutch economy in its Golden Age, and in the British industrial revolution. The traditional perception of the populations inhabiting these regions was that they were poor, backward, and intellectually inferior; but Sidney Pollard shows how they also had certain peculiar qualities which predisposed them to initiate progress. Healthy living, freedom, a martial spirit, and the hardiness to survive in harsh conditions enabled them to contribute a unique pioneering ability to pivotal economic periods; illustrating some of the effects of geography upon the development of societies.