Social Cohesion and Legal Coercion: A Critique of Weber, Durkheim, and MarxRodopi, 1997 - 402 pages The book is a critical analysis of the work of Max Weber, Emile Durkheim and Karl Marx. It focuses on their separate analyses of the role of law in society, pointing out their faults and errors, and the resultant impact on modern social science. The author takes issue with Weber's work on rationality, with Durkheim's work on repressive and restitutive law, and with Marx's work on social justice and law as part of the super-structure. In each section of the book he shows the implications that flow from a re-assessment and re-interpretation of their work for an understanding of society. The book is multi-disciplinary, making ample reference to law, sociology, anthropology, history, religion, ecology, criminology, philosophy and economics. Its various chapters discuss a wide range of themes, including rationality, tradition, science, political authority, conflict resolution, community, justice and altruism. |
From inside the book
Results 1-5 of 63
Page 1
... judicial decision has been made ? How many parties successful in a civil case actually see the full sum of money that they were awarded , how many condemned prisoners serve out the full term of their sentence , how many people sentenced ...
... judicial decision has been made ? How many parties successful in a civil case actually see the full sum of money that they were awarded , how many condemned prisoners serve out the full term of their sentence , how many people sentenced ...
Page 3
... judicial decision - making , are often in diametric conflict with mainstream jurisprudence , particularly the school of analytical jurisprudence , known also as the positivistic school , which stresses the hermetic nature of the legal ...
... judicial decision - making , are often in diametric conflict with mainstream jurisprudence , particularly the school of analytical jurisprudence , known also as the positivistic school , which stresses the hermetic nature of the legal ...
Page 21
... judicial precedent , written law , procedural rules , signed contracts , registered documents , deeds of property , etc. But these aspects of formality are really no more than the outer manifestations of the inner needs of capitalism ...
... judicial precedent , written law , procedural rules , signed contracts , registered documents , deeds of property , etc. But these aspects of formality are really no more than the outer manifestations of the inner needs of capitalism ...
Page 25
... judicial system , but - in the best tradition of ideological debate and sociology of knowledge - to describe why other philosophies of law were formulated and why they have achieved such broad acceptance . Here Frank draws on basic ...
... judicial system , but - in the best tradition of ideological debate and sociology of knowledge - to describe why other philosophies of law were formulated and why they have achieved such broad acceptance . Here Frank draws on basic ...
Page 26
... judicial decisions.43 The role of the judge is crucial to an understanding of Frank's theory of law . The certainty ascribed to the law is dependent on the rigidity of its application . If judges are involved in any creative or personal ...
... judicial decisions.43 The role of the judge is crucial to an understanding of Frank's theory of law . The certainty ascribed to the law is dependent on the rigidity of its application . If judges are involved in any creative or personal ...
Contents
1 | |
11 | |
35 | |
55 | |
Chapter Five | 83 |
Chapter | 109 |
Chapter Seven | 129 |
Chapter Eight | 153 |
ON RADICALISM AND IDEOLOGY | 227 |
ON LIBERTY AND EQUALITY | 251 |
ON WEALTH AND ALTRUISM | 279 |
Chapter Fourteen | 309 |
AFTERWORD by Virginia Black | 319 |
NOTES | 335 |
BIBLIOGRAPHY | 377 |
ABOUT THE AUTHOR | 393 |
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Common terms and phrases
allow analysis approach areas argues aspects attempt basic basis behavior bureaucracy capitalist civil claims communist concepts conflict court crime criminal law critical legal studies culture dealing debate Division of Labor Durkheim economic emerging Emile Durkheim enforcement ethical Eugen Ehrlich euthanasia expression fact factors formal framework H.L.A. Hart harm Hart human Ibid ideas ideological impact individual instance irrational issue Jerome Frank judicial jurisprudence justice Karl Mannheim lack law and morality legal system legislation liberal libertarian liberty London major Marx Marxist Max Weber modern society modern world nature norms noted perspective political polygamy Posner possible primitive principles problems protection Protestantism punishment punitive radical rationality religion religious repressive restitutive role rules seek seems Sheleff similar social action sociology of law specifically substantive suggests theoretical theory thesis tort traditional typology University Press values victim Western white collar crime writes York
Popular passages
Page 215 - At a certain stage of their development, the material forces of production in society come in conflict with the existing relations of production...
Page 207 - The mode of production in material life determines the general character of the social, political, and spiritual processes of life. It is not the consciousness of men that determines their existence, but, on the contrary, their social existence determines their consciousness.
Page 215 - In considering such transformations a distinction should always be made between the material transformation of the economic conditions of production which can be determined with the precision of natural science, and the legal, political, religious, aesthetic or philosophic — in short, ideological forms in which men become conscious of this conflict and fight it out.
Page 263 - Social and economic inequalities are to be arranged so that they are both: (a) to the greatest benefit of the least advantaged, consistent with the just savings principle, and (b) attached to Offices and positions open to all under conditions of fair equality of opportunity.
Page 191 - States, no State has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or persons therein, when the case is of serious consequence and the injury is established by clear and convincing evidence.
Page 274 - A person may cause evil to others not only by his actions but by his inaction, and in either case he is justly accountable to them for the injury.
Page 240 - When socialism first began to be talked about, the comfortable classes of the community were a good deal frightened I suspect that this fear has influenced judicial action both here and in England, yet it is certain that it is not a conscious factor in the decisions to which I refer.
References to this book
Organizing Through Division and Exclusion: China's Hukou System Fei-Ling Wang No preview available - 2005 |