"This intriguing collection of essays by David Nelken examines the relationship between law, society and social theory and the various ideas social theorists have had about the actual and ideal 'fit' between law and its social context. It also asks how far it is possible to get beyond this mainstream paradigm. The value of social theorising for studying law is illustrated by specific developments in substantive areas such as housing law, tort law, the law of evidence and criminal law. Throughout the chapters the focus is on the following questions. What is gained (and what may be lost) by putting law in context? What attempts have been made to go beyond this approach? What are their (necessary) limits? Can law be seen as anything other than in some way both separate from and relating to 'the social'? The distinctiveness of this approach lies in its effort to keep in tension two claims. Firstly, that social theorising about legal practices is vitally important for understanding the connections between legal and social structures and revealing what law means and does for (and to) various social actors. The second point is that it does not follow that what we learn in this way can be assumed to be necessarily relevant to (re)shaping legal practices without further argument that pays heed to law's specificity."--Provided by publisher.
First published 2009 by Ashgate Publishing.
Bibliography, etc. Note
Includes bibliographical references.
Formatted Contents Note
chapter 1 The 'Gap Problem' in the Sociology of Law: A Theoretical Review Windsor Yearbook of Access to Justice, 1981, pp. 35-61 chapter 2 Law in Action or Living Law?: Back to the Beginning in Sociology of Law Legal Studies, 4, 1984, pp. 157-74 chapter 3 Is there a Crisis in Law and Legal Ideology? Journal of Law and Society, 9, 1982, pp. 177-89 chapter 4 Legislation and its Constraints: A Case Study of the 1965 British Rent Act Legal Systems and Social Systems, D. Khosla, C. Whelan and A. Podgorecki (eds), London, Croom Helm, 1985, pp. 70-86 chapter 5 Beyond the Study of 'Lawand Society'? American Bar Foundation Journal, 1986, pp. 323-38 chapter 6 Changing Paradigms in the Sociology of Law Autopoietic Law: A New Approach to Law and Society, G. Teubner (edition) Berlin, De Gruyter 1987, pp. 191-216 chapter 7 Criminal Law and Criminal Justice: Some Notes on their Irrelation lan Dennis (edition) Criminal Law and Justice, London, Sweet and Maxwell, 1987, pp. 139-75 chapter 8 The Loneliness of Law's Meta-Theory Plural Legalities: Critical Legal Studies in Europe, R. de Lange and K. Raes (eds) Holland, Ars Aequi, 1991, pp. 172-94 chapter 9 Are Disputes between Law and Science Resolvable? Forensic Expertise and the Law of Evidence, J.F. Nijboer, C.R. Callen and N. Kwak (eds) 1993 Proceedings of the Colloqium 12-18 August 1992, Royal Netherlands Academy of Arts and Sciences, pp. 104-12 chapter 10 Can Law Learn from Social Science? Israel Law Review, 35, 2001, pp. 205-24 chapter 11 Can there be a Sociology of Legal Meaning? Law as Communication, D. Nelken (edition) Aldershot, Dartmouth, 1996, pp. 107-28 chapter 12 Blinding Insights? The Limits of a Reflexive Sociology of Law Journal of Law and Society, 25, 1998, pp. 407-26 chapter 13 Comparatists and Transferability Comparative Legal Studies: Traditions and Transitions, P. Legrand and R. Munday (eds) Cambridge, Cambridge University Press, 2003, pp. 437-66 chapter 14 The Meaning of Success in Transnational Legal Transfers Windsor Yearbook of Access to Justice, 19, 2001, pp. 349-66 chapter 15 An e-mail from Global Bukowina International Journal of Law in Context, 3, 2007, pp. 189-202.