This book develops the rudiments of a sociological perspective on state law and legal theory drawing upon Max Weber's writings to explore themes arising from a critical reassessment of H.L.A. Hart's theory of law. The discussion centres around three weaknesses in the analytical nucleus of The Concep
Law as a Social Institution
β Scribed by Hamish Ross
- Publisher
- Hart Publishing
- Year
- 2001
- Tongue
- English
- Leaves
- 186
- Category
- Library
No coin nor oath required. For personal study only.
β¦ 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 Weberβs 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. Hartβs theory of law. The discussion initially centres around three problematical areas or βGordian Knotsβ: 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 βinstitutional insiderβsβ 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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