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Law as a Social Institution

✍ Scribed by Hamish Ross


Publisher
Hart Publishing
Year
2001
Tongue
English
Leaves
186
Category
Library

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✦ Synopsis


This book develops the rudiments of a sociological perspective on state law and legal theory. It outlines a distinctive approach to theoretical enquiry that offers an improved understanding of law as a social and institutional phenomenon. The book draws upon Max Weber’s sociological and juristic writings as a context in which to explore themes arising or selectively developed from a critical reassessment of key aspects of H.L.A. Hart’s theory of law. The discussion initially centres around three problematical areas or β€˜Gordian Knots’: essentially weaknesses in the analytical nucleus of The Concept of Law,matters of misplaced emphasis and other elements that, it is argued, have obscured fundamental aspects of a perceived social reality. Using the critique as a point of departure the book explores key issues that Hart merely touched upon or seemingly passed over: the role of the (sociologically inclined) jurist, the defensibility of an β€˜institutional insider’s’ perspective, the institutional behavioural dimension of the legal world, and the relational and social power dynamics of law-affected human behaviour.


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