Download Sociology of Law: Visions of a Scholarly Tradition by Mathieu Deflem PDF

By Mathieu Deflem

Because the vintage contributions of Weber and Durkheim, the sociology of legislation has raised key questions about where of legislation in society. Drawing jointly either theoretical and empirical subject matters, Mathieu Deflem studies the field's significant accomplishments and divulges the price of the a number of ways that sociologists learn the social buildings and tactics of legislations. He discusses either ancient and modern matters, from early theoretical foundations and the paintings of Weber and Durkheim, throughout the contribution of sociological jurisprudence, to the improvement of contemporary views to elucidate how sociologists research legislation. Chapters additionally examine the function of legislation with regards to the financial system, politics, tradition, and the felony occupation; and features of legislation enforcement and the globalization of legislations. This booklet will entice students and scholars of the sociology of legislations, jurisprudence, social and political idea, and social and political philosophy.

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The bourgeoisie can articulate its economic power also at the political, cultural, and legal level because of its control over all important institutions of society, such as government, the legal system, art, science, and education. The economic interests of the bourgeoisie, therefore, also become articulated at the societal level as the dominant interests that count for society as a whole. Because the basic conflicts of a society are always economic, according to Marx, only the destruction of capitalism in favor of a communist mode of production, whereby the workers collectively own and control the means of production, would ensure a successful revolution of society into a more just social order.

4 Bentham was originally trained as a lawyer and admitted to the bar, but he became a leading critic of the existing British legal system and sought to reform the law on the basis of his utilitarian philosophy. In his work, Bentham applied his utilitarian philosophy to law to argue that the legal system should be founded on the principle to provide the greatest possible happiness to the greatest possible number of people. Complementing the theory of human behavior as guided by the hedonic calculation to maximize utility from the individual’s perspective is thus a theory of society on the basis of the social calculation to maximize utility from the aggregate point of view.

In more and more spheres of social life, efficient calculations are made to reach certain ends. Weber’s theory applies to many important societal institutions, including science, politics, culture, and law, but it is useful to expand on his idea with reference to free market capitalism, which Weber developed in his famous study on the Protestant ethic (Weber 1920). According to Weber, an elective affinity exists between the ethic of Calvinism and the mode of capitalist conduct to use the most efficient means to 42 Sociology of law accumulate wealth.

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