An introduction to law and social theory

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An Introduction to Law and Social Theory

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  • Hunt, Allan, "The Problematisation of Law in Classical Social Theory" in Reza Banakar and Max Travers, editors, An Introduction to Law and Social Theory. Oxford: Hart, 2002.

    Cotterrell, R., (1999) Emile Durkheim; law in a Moral Domain, Edinburgh University Press

    Griffiths, A., Legal Pluralism, in Reza Banakar and Max Travers, editors, An Introduction to Law and Social Theory, Oxford: Hart, 2002, pp 289-310.

  • To write on law and society is to respond to two crises: crisis in law and crisis in social theory÷both are consequences of the reaction against enlightenment rationality. Contemporary jurisprudence has been marked by a series of movements to deconstruct or salvage law and legal theories. Ever since law and legal theory were subject to question and critique by the legal realists at the beginning of the twentieth century, legal institutions, legal consciousness and the study of law have been in crisis, a crisis deepening with the growing prosperity of ãpost-ä and ãlaw andä schools of thought. The crisis in social theory is even more apparent. Since the 1960s, a variety of new theoretical paradigms have emerged, challenging the mainstream quantitative, empiricist, and positivist conceptions of social theory and social research. The new paradigms, such as phenomenology, ethno-methodology, structuralism, and hermeneutics have provided new ways to examine and analyze social practice and social issues, but none of them has successfully replaced the prevailing positivist social theories and social research. The consequence is that twenty-first century studies of law and society, with whatever orientation or perspective/approach, must be mindful of a number of distinctive but intertwined challenges: the critical, hermeneutical, postmodern, global and plural. AN INTRODUCTION TO LAW AND SOCIAL THEORY by Banakar and Travers has admirably taken up those challenges.

    AN INTRODUCTION TO LAW AND SOCIAL THEORY by Reza Banakar and Max Travers (Editors). Oxford-Portland, Oregon: Hart Publishing, 2002. 367 pp. Cloth $65 ISBN 1-84113-208-X. Paper $35 ISBN 1-84113-209-8.

Introduction (2nd edition of Law and Social Theory)