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A General Jurisprudence of Law and Society
Brian Z. Tamanaha
出版Oxford University Press, 2001
主題Law / ComparativeLaw / JurisprudencePhilosophy / GeneralSocial Science / Sociology / General
ISBN01992446699780199244669
URLhttp://books.google.com.hk/books?id=g6Dn5jVTaY0C&hl=&source=gbs_api
EBookSAMPLE
註釋"A General Jurisprudence of Law and Society is a theoretical and sociological exploration of the relationship between law and society. Law is generally understood to be a mirror of society--a reflection of its customs and morals--that functions to maintain social order. Focusing on this common understanding, the book conducts a survey of Western legal and social theories about law and its relationship within society. It then engages in a theoretical and empirical critique of this common understanding. The theoretical critique exposes the mythical quality of the two most often repeated theories about the emergence of law, the evolutionary theory and the social contract theory. It also discusses a fundamental shift, resulting from Enlightenment ideas about reason and morality, in the theoretical understanding of the relationship between morality and law. The empirical critique covers various subjects, primarily including the impact of legal transplantation and globalization.