Jurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at (...) the bar of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice. But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law. All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer. (shrink)

Originally published in 1971, this volume examines the relationship between the history and sociology of education. History does not stand in isolation, but has much to draw from and contribute to, other disciplines. The methods and concepts of sociology, in particular, are exerting increasing influence on historical studies, especially the history of education. Since education is considered to be part of the social system, historians and sociologists have come to survey similar fields; yet each discipline appears to have its own (...) aims and methodology. (shrink)

There is more to law than rules, robes and precedents. Rather, law is an integral part of social practices and policies, as diverse and complex as society itself. Thinking About Law offers a comprehensive introduction to the ways in which law has been presented and represented. It explores historical, sociological, economic and philosophical perspectives on the major legal and political debates in Australia today. The contributors examine the position of Aborigines in the Australian legal system and the impact of (...) the Mabo case; divisions of power in Australian society and law; the question of objectivity in law; the relationship between legislation and social change; judicial decision-making and other issues. Accessibly written, Thinking About Law is essential reading for students and anyone interested in understanding our legal system. (shrink)

Recent histories of American jurisprudence tend to ignore the fact that ideas that appeared in the United States often appeared simultaneously in Europe. Even those works that do not ignore the European context are content with tracing the influence or reception of European thought in America. This article suggests that another possible approach is to compare jurisprudential developments in the United States, Europe, and other places in order to reach more general, sociology-of-knowledge-like insights into the reasons why certain ideas (...) appear at certain times and places. One concrete example is discussed: the rise of an interest in the distinction between formal and "living" law in American and European jurisprudence in the first decade of the twentieth century. This distinction was central to the work of Roscoe Pound in the United States and the work of the Austro-Hungarian legal thinker Eugen Ehrlich. Pound and Ehrlich shared similar personal backgrounds. When they began advocating the study of informal law, both Pound and Ehrlich were teaching law in provincial towns situated on the frontiers of empires. Both towns were marginal places where different cultures clashed and where the legal culture of the center of the empire had only a tenuous hold. Scholars working in such an environment, it is argued, would tend to be more aware of the gap between formal state law and the actual norms governing the daily lives of people than scholars working at the center of an empire. The article offers additional support for this argument by looking at the scholarship of Guido Tedeschi, an Italian-Israeli legal scholar who taught at the Hebrew University of Jerusalem in the 1940s. The article concludes by calling for the study of the history of American jurisprudence from a comparative perspective, taking into account such issues as the interaction between center and periphery and between empire and provinces in more than one national context. (shrink)

Combining the methods of the modern philosopher with those of the historian of ideas, Knud Haakonssen presents an interpretation of the philosophy of law which Adam Smith developed out of - and partly in response to - David Hume's theory of justice. While acknowledging that the influences on Smith were many and various, Dr Haakonssen suggests that the decisive philosophical one was Hume's analysis of justice in A Treatise of Human Nature and the second Enquiry. He therefore begins with a (...) thorough investigation of Hume, from which he goes on to show the philosophical originality of Smith's new form of natural jurisprudence. At the same time, he provides an over all reading of Smith's social and political thought, demonstrating clearly the exact links between the moral theory of The Theory of Moral Sentiments, the Lectures on Jurisprudence, and the sociohistorical theory of The Wealth of Nations. This is the first full analysis of Adam Smith's jurisprudence; it emphasizes its normative and critical function, and relates this to the psychological, sociological, and histroical aspects which hitherto have attracted most attention. Dr Haakonssen is critical of both purely descriptivist and utilitarian interpretations of Smith's moral and political philosophy, and demonstrates the implausibility of regarding Smith's view of history as pseudo-economic or 'materialist'. (shrink)

The book analyses the Indian Supreme Court's jurisprudence on homosexuality, its current approach and how its position has evolved in the past ten years. It critically analyses the Court's landmark judgments and its perception of equality, family, marriage and human rights from an international perspective. With the help of European Court of Human Rights' judgments and international conventions, it compares the legal and social discrimination meted out to the Indian LGBTI community with that in the international arena. From a (...) social anthropological perspective, it demonstrates how gay masculinity, although marginalized, serves as a challenge to patriarchy and hegemonic masculinity. This unique book addresses the lack of in-depth literature on gay masculinity, elaborately narrating and analysing contemporary gay masculinity and emerging gay lifestyles in India and highlighting the latest research on the subject of homosexuality in general and in particular with respect to India. It also discusses several new issues concerning the gay men in India supported by the living law approach put forth by Eugen Ehrlich. (shrink)

For centuries, philosophers, political scientists, and jurists have struggled to understand the possibilities for justice and peace among a multiplicity of sovereign states. Like Dante, who sought to organize the world under the authority of the Holy Roman Empire, many theorists have tried to explain how sovereign states should be governed to ensure stability and peace in the absence of any established higher authority. Theories of World Governance traces the various conceptual approaches to world harmony from the close of the (...) Middle Ages to today. Considering the immediate problems of order in a decentralized world community, Cornelius F. Murphy, Jr., outlines what he believes are the essential long-term conditions for world peace. Covering a wide range of disciplines -- from theology and philosophy to jurisprudence, ethics, and sociology -- Murphy explores how theorists have reflected upon the necessary components of an effective global order. At the outset, the thought of Christian Europe was shaped by a belief in a natural order established by the Creator of the universe. However, with the advent of the Enlightenment, the connections between the human and the transcendent were severed. There was a movement from a theocentric understanding of the powers of the human mind to an intellectual outlook that blurred the distinctions between the divine and human. This study in the history of ideas examines the profound effects of the fundamental shift from transcendence to immanence upon the development of international theory. Murphy discusses the thought of Leibniz, Wolff, Kant, Hegel, and Phillip Allott, among others. The study concludes with an extended reflection on the importanceof a sound political philosophy to the future well-being of the global community. Possible improvements in the existing arrangements, such as reform of the United Nations, are discussed. Murphy suggests that in order for a society of sovereign states to be transformed into a world political community, human rights and self-governance within states must first be strengthened and, at the same time, individuals of all states must begin to realize their responsibilities toward the whole human family. (shrink)

This book is a study of an important revolution in the history of thought, a break-through on the twin fronts of law and history in which the outstanding campaigner, on both fronts, was Jean Bodin. Roman law was, from its revival in the eleventh down to the beginning of the sixteenth century, studied and interpreted in a very literal and textual fashion; it was assumed that the Codification of Justinian included all the legal wisdom there was and that the function (...) of the glossator was simply to show it forth. The sixteenth century philologists, led by Budé, raised serious doubts. And by the middle of the same century there was not merely a demand for a proper philological study of the texts but for a systematization of the vast mass of legal disposition that constituted the Corpus Iuris Civilis—jus in artem redigere. The result was an undermining of the authority of Roman law and a realisation that, while it might be an incomparable store of legal wisdom, there was no good reason for thinking that it was the only, or the best, system for actual conditions in sixteenth-century France. French customary law, which by now had been written down, was clearly adapted to the needs of the time in a way that Roman law never could be. This may seem obvious; but the realization of the obvious took time. And Bodin’s importance lies in his working out of a three-pronged comparative approach in his exposition of jus gentium, his comparative jurisprudence and his sociological theory of legal history. The stages in this revolution are fully documented by Professor Franklin in the first part of his book. (shrink)

Reading A Sociology of Modernity made me turn again towards history and encounter the path of a historical sociology. One can say that Peter Wagner´s work opens up particularly rich perspectives towards a new consideration of the complex relations between sociology and history and on the consequences that the internal movements within each discipline have had on the other. I shall approach some issues regarding these relations by looking, first, at the theme of temporality and at the distinction between the (...) past and a present (often turned towards the horizon of the future) and, second, at the theme of the events and their frequent contradistinction to structures. (shrink)

Sociology once debated ‘the social’ and did so with a public readership. Even as late as the Second World War, sociologists commanded a wide public on questions about the nature of society, altruism and the direction of social evolution. As a result of several waves of professionalization, however, these issues have vanished from academic sociology and from the public writings of sociologists. From the 1960s onwards sociologists instead wrote for the public by supporting social movements. Discussion within sociology became constrained (...) both by ‘professional’ expectations and political taboos. Yet the original motivating concerns of sociology and its public, such as the compatibility of socialism and Darwinism, the nature of society, and the process of social evolution, did not cease to be of public interest. With sociologists showing little interest in satisfying the demand, it was met by non-sociologists, with the result that sociology lost both its intellectual public, as distinct from affinity groups, and its claim on these topics. (shrink)

Can the concept of law be indiscriminately extended to times and places in which it did simply not exist? Such an extension is at best useless and at worst misleading. Producing an intelligible jurisprudence of the concept of law means keeping it within the reasonable boundaries of its contemporary common-sense understanding: positive law. Parallel to Western societies in which it firstly emerged, the concept of positive law developed in many places, including countries characterized as Muslim. There, it faced other (...) existing normativities, like customs and the Sharia. This book aims, from the Muslim world's perspective, to clarify the uses of the concept of law and the ways of studying it, to describe some of its historical developments, including the ideas of constitutional law, customary law and forensic evidence, and to describe present-day practices, including reference to law sources, rules and interpretation. (shrink)

La physiocratie occupe une place majeure dans l'histoire du siècle des Lumières. La doctrine élaborée par le docteur François Quesnay, le marquis de Mirabeau et leurs disciples constitue un modèle original de réforme de la société d'Ancien Régime. Liberté du commerce, impôt unique sur les terres, abolition des corporations, établissement du "despotisme légal", reconnaissance du triptyque "liberté, propriété, sûreté" au rang de droits fondamentaux, les propositions des physiocrates bouleversent l'ordre juridique et social traditionnel. Par ses théories universalistes, la physiocratie s'exporte (...) bien au-delà des frontières françaises. De quelles manières les idées de cette "science nouvelle" ont-elles circulées et comment ont-elles été reçues en Europe?"--Page 4 of cover. (shrink)

Sot︠s︡ialʹnye nauki i pravo -- Gosudarstvennoe pravo (lekt︠s︡ii) -- Stranit︠s︡y proshlogo.

Law - Introduction, History, Philosophy And Sociology of Law. Philosophy. Politics. Democracy. Unger, Roberto Mangabeira, 1947-.

Magic est de ces livres étonnants, bouleversant tout ce que nous croyions savoir sur un sujet. A partir d'une interrogation sur l'apparition du concept de "lien social" chez Rousseau ou Durkheim, Laurent de Sutter propose une surprenante remise en cause du consensus régnant autour de l'idée de lien. Plutôt que de poursuivre l'investigation du côté de la sociologie, il suggère, pour comprendre ce qui nous lie, de regarder du côté d'un droit qui aurait retrouvé celle qui lui a toujours été (...) consubstantielle et que l'on a pourtant tenté de refouler, à savoir sa magie. Que se passerait-il si, en effet, le droit était la dernière manifestation de la magie dans un monde qui croyait pouvoir s'en passer? Telle est la question au coeur de ce bref essai érudit, spectaculaire et fascinant, passant avec une grâce provocante de Montesquieu à Giordano Bruno, des juristes romains à Gabriel Tarde, de Marcel Mauss aux inspirateurs du Code civil, de Giorgio Agamben à Quentin Meillassoux. (shrink)

The book carries on Posner's project of analyzing the law as an institution of social governance.

Si les voies du droit sont complexes, ses objets divers et ses champs multiples, il est par essence "en commerce" avec d'autres disciplines des sciences sociales et humaines, qui interfèrent dans son élaboration et affectent son contenu comme la portée de sa fonction normative. Au carrefour des régimes politiques, des systèmes juridiques et des sociétés en mutation, il a dû, au fil du temps, diversifier ses instruments pour répondre à des problématiques écartelées entre nationalismes et mondialisation. Ces rencontres et croisements (...) interpellent les juristes de tous horizons autant que les chercheurs de toutes disciplines. Des droits africains au droit français, du droit de l'urbanisme au droit et à la sociologie de l'environnement comme du tourisme, des droit constitutionnel et international aux droits de l'Homme, ce recueil présente des études et des témoignages rassemblés en l'honneur du Professeur Jean-Marie Breton, dont le parcours, un demi-siècle durant, l'a conduit à explorer, dans divers universités et continents, les itinéraires du droit dans sa quête de connaissance des terres des hommes. (shrink)

While functioning quite well for many years, the bioethics profession is in crisis. John H. Evans closely examines the history of the bioethics profession, and based on the sociological reasons the profession evolved as it did, proposes a radical solution to the crisis.

Much of Arnold Hauser’s work on the social history of art and the philosophy of art history is informed by a concern for the cognitive dimension of art. The present paper offers a reconstruction of this aspect of Hauser’s project and identifies areas of overlap with the sociology of knowledge—where the latter is to be understood as both a separate discipline and a going intellectual concern. Following a discussion of Hauser’s personal and intellectual background, as well as of the shifting (...) political and academic setting of his work, the paper addresses one of Hauser’s central questions, viz. how best to square a thoroughgoing commitment to the social nature of art with the reality of successive artistic styles, given that the latter seem to be characterizable on purely formal grounds. This is followed by a discussion of Hauser’s conflicted views on the relation between art, science, and technology. This injects a tension into Hauser’s work, due to his initial reluctance to explain just how the aesthetic and the cognitive realms relate. The final part of the paper, through a closer examination of the analogies and disanalogies that Hauser sees between art history and the history of science, attempts to give a positive answer—“on Hauser’s behalf”, as it were—to the question of whether art may be credited with a specific cognitive dimension of its own, and if so, what its contribution to our cognitive enterprise may consist in. (shrink)

This book provides an overview of the institutional and intellectual development of sociology in Brazil from the early 1900s to the present day; through military coups, dictatorships and democracies. It charts the profound impact of sociology on Brazilian public life and how, in turn, upheavals in the history of the country and its universities affected its scientific agenda. This engaging account highlights the extent of the discipline’s colonial inheritance, its early institutionalization in São Paulo, and its congruent rise and fall (...) during repeated regime changes. The authors’ analysis draws on original research that maps the concentration of research interests, new developments, publications and centers of production in Brazilian sociology, using qualitative and quantitative data. It concludes with a reflection on the potential impact of the recent far-right turn in Brazilian politics on the future of the discipline. This book contributes a valuable country study to the history of sociology and will appeal to a range of social scientists in addition to scholars of disciplinary historiography, intellectual and Brazilian history. (shrink)