Law as a Social Institution

By:

Hamish Ross

Format:

Paperback / softback

Series:

Legal Theory Today

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Description

This work 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 "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 "institutional insider's" perspective, the institutional behavioural dimension of the legal world, and the relational and social power dynamics of law-affected human behaviour.

Author Biography:

Hamish Ross is a Senior Lecturer in law at Napier University Law School,Edinburgh.

Release date Australia

June 5th, 2001

Author

Hamish Ross

Audiences

Postgraduate, Research & Scholarly
Professional & Vocational
Undergraduate

Pages

144

Series

Legal Theory Today

Dimensions

129x195x7

ISBN-13

9781841132310

Product ID

26102461

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