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Normativity in Legal Sociology: Methodological Reflections on Law and Regulation in Late Modernity

Normativity in Legal Sociology: Methodological Reflections on Law and Regulation in Late Modernity

Author: Reza Banakar
Publisher: Springer-Verlag
ISBN: 9783319096490
Published In: November 2014
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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The field of socio-legal research has encountered three fundamental challenges over the last three decades - it has been criticized for paying insufficient attention to legal doctrine, for failing to develop a sound theoretical foundation and for not keeping pace with the effects of the increasing globalization and internationalization of law, state and society.

This book examines these three challenges from a methodological standpoint. It addresses the first two by demonstrating that legal sociology has much to say about justice as a kind of social experience and has always engaged theoretically with forms of normativity, albeit on its own empirical terms rather than on legal theory's analytical terms. The book then explores the third challenge, a result of the changing nature of society, by highlighting the move from the industrial relations of early modernity to the post-industrial conditions of late modernity, an age dominated by information technology. It poses the question whether socio-legal research has sufficiently reassessed its own theoretical premises regarding the relationship between law, state and society, so as to grasp the new social and cultural forms of organization specific to the twenty-first century's global societies.

Chapter 1: Introduction

Chapter 2: Conflict and Competition between Law and Sociology

Chapter 3: Social Scientific Studies of Law

Chapter 4: Whose Experience is the Measure of Justice?

Chapter 5: On the Paradoxes of Contextualisation

Chapter 6: A Note on Franz Kafka's Concept of Law

Chapter 7: The Politics of Legal Cultures

Chapter 8: Comparative Law and Legal Cultures

Chapter 9: A Case-Study of Non-Western Legal Systems and Cultures

Chapter 10: The Shift to Risk Management

Chapter 11: Norms and Normativity in Socio-Legal Research

Chapter 12: The Changing Horizons of Law and Regulation