Legal Theory and the Social Sciences, Volume II

Description

Ever since H.L.A. Hart's self-description of The Concept of Law as an 'exercise in descriptive sociology', contemporary legal theorists have been debating the relationship between legal theory and sociology, and between legal theory and social science more generally. There have been some who have insisted on a clear divide between legal theory and the social sciences, citing fundamental methodological differences. Others have attempted to bridge gaps, revealing common challenges and similar objects of inquiry. Collecting the work of authors such as Martin Krygier, David Nelken, Brian Tamanaha, Lewis Kornhauser, Gunther Teubner and Nicola Lacey, this volume - the second in a three volume series - provides an overview of the major developments in the last thirty years. The volume is divided into three sections, each discussing an aspect of the relationship of legal theory and the social sciences: 1) methodological disputes and collaboration; 2) common problems, especially as they concern different modes of explanation of social behaviour; and 3) common objects, including, most prominently, the study of language in its social context and normative pluralism. Contents Acknowledgements Series Preface Introduction Part I: Methodology: Collaborations and Disputes 1 Martin Krygier (1982), ‘The Concept of Law and Social Theory’ 2 Kim Lane Scheppele (1994), ‘Legal Theory and Social Theory’ 3 Brian Z. Tamanaha (1995), ‘An Analytical Map of Social Scientific Approaches to the Concept of Law’ 4 Roger Cotterrell (1998), ‘Why Must Legal Ideas be Interpreted Sociologically?’ 5 Nicola Lacey (2006), ‘Analytical Jurisprudence Versus Descriptive Sociology Revisited’ 6 Christopher McCrudden (2006), ‘Legal Research and the Social Sciences’ 7 Geoffrey Samuel (2008), ‘Is Law Really a Social Science? A View fromComparative Law’ Part II: Common Problems: Modes of Explanation of Behaviour 8 Gunther Teubner (1989), ‘How the Law Thinks: Toward a Constructivist Epistemology of Law’ 9 A.I. Ogus (1989), ‘Law and Spontaneous Order: Hayek’s Contribution to Legal Theory’ 10 Lewis A. Kornhauser (1999), ‘The Normativity of Law’ 11 David Nelken (2004), ‘Using the Concept of Legal Culture’ 12 Matthew Noah Smith (2006), ‘The Law as a Social Practice: Are Shared Activities at the Foundations of Law?’ Part III: Common Objects: Modes of Explanation of Legal Phenomena 13 Martin Krygier (1986), ‘Law as Tradition’ 14 Elizabeth Mertz (1992), ‘Language, Law, and Social Meanings: Linguistic/Anthropological Contributions to the Study of Law’ 15 Rodolfo Sacco (1995), ‘Mute Law’ 16 William Twining (2005), ‘Social Science and Diffusion of Law’ 17 Brian Z. Tamanaha (2008), ‘Understanding Legal Pluralism: Past to Present, Local to Global’ Name Index