Law as a Social Institution (Hardcover) (ISBN-13: 9781841132303)

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 '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: Hamish Ross
ISBN-10: 1841132306
ISBN-13: 9781841132303
Publisher: Bloomsbury Publishing PLC
Language: English
Published: 05/01/2001
Pages: 144
Format: Hardcover
Weight: 0.71lbs
Size: 8.00h x 5.00w x 0.50d

Review Citation(s):
Reference and Research Bk News 11/01/2001 pg. 166