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A sociological theory of law 2nd Edition by Niklas Luhmann ISBN 0415858968 9780415858960

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Author(s): Niklas Luhmann
ISBN(s): 9780415858960, 0415858968
Edition: 2
File Details: PDF, 17.83 MB
Year: 2014
Language: english
SKU: EB-11751372 Category: Tag:

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ISBN 10: 0415858968 
ISBN 13: 9780415858960
Author: Niklas Luhmann

Niklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern ‘positive’ – as opposed to ‘natural’ – law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow.

A sociological theory of law 2nd Table of contents:

1 This republication
2 The background to this book
3 The argument
4 Some remarks on the later development of Luhmann’s socio-legal thought
5 On translating Luhmann
Notes
Editor’s preface
Author’s preface to the second edition
Introduction
1 Classical beginnings of the sociology of law
2 The development of law: foundation of a sociological theory
2.1 Complexity, contingency and expectation of expectations
2.2 Cognitive and normative expectations
2.3 Handling of disappointments
2.4 Institutionalisation
2.5 Identification of expectation contexts
2.6 Law as congruent generalisation
2.7 Law and physical violence
2.8 Structure and deviant behaviour
3 Law as structure of society
3.1 The development of society and law
3.2 Archaic law
3.3 The law of pre-modern high cultures
3.4 The positivisation of law
4 Positive law
4.1 Concept and function of positivity
4.2 Differentiation and functional specification of law
4.3 Conditional programming
4.4 Differentiation of decision-making programmes
4.5 Structural variation
4.6 Risks and consequential problems of positivity
4.7 Legitimacy
4.8 The enforcement of positive law
4.9 Control
5 Social change through positive law
5.1 The conditions for controllable social change
5.2 Categorial structures
5.3 Legal problems of global society
5.4 Law, time and planning
Conclusion: questions for legal theory (first edition)
Conclusion: legal system and legal theory (second edition)
Notes
Introduction
1 Classical beginnings of the sociology of law
2 The development of law: foundation of a sociological theory
3 Law as structure of society
4 Positive Law
5 Social change through positive law
Conclusion: questions for legal theory (first edition)
Conclusion: legal system and legal theory (second edition)
Select Bibliography
1 Introductions, summaries, research reports
2 History and classics of the sociology of law
3 Basic questions regarding the development of law and individual theoretical questions
4 The laws of archaic societies
5 Laws of highly civilised societies
6 Problems of positivised legal orders
7 Part areas of the legal system
(a)Jurisprudence
(b)Legislature
(c)Police and law enforcement
(d)Lawyers
(e)Jurists
8 Law and social change
Niklas Luhmann: list of published works up to 1984

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