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

Banakar, Reza LU (2014) In Law
Abstract
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... (More)
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. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Book/Report
publication status
published
subject
keywords
Legal methodology, Legal sociology, Normativity, Socio-legal research, Sociological theory, Sociology of law, legal philosophy, rationality, rule of law, separation thesis, regulation, risk mangement
in
Law
pages
292 pages
publisher
Springer
external identifiers
  • Scopus:84944228906
ISBN
978-3-319-09649-0
DOI
10.1007/978-3-319-09650-6
language
English
LU publication?
yes
id
ee8aec5d-d2fa-4084-9fe1-2454d099bfdd (old id 4530533)
alternative location
http://www.springer.com/law/book/978-3-319-09649-0?otherVersion=978-3-319-09649-0
date added to LUP
2014-07-04 13:33:59
date last changed
2016-11-27 04:33:29
@misc{ee8aec5d-d2fa-4084-9fe1-2454d099bfdd,
  abstract     = {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.},
  author       = {Banakar, Reza},
  isbn         = {978-3-319-09649-0},
  keyword      = {Legal methodology,Legal sociology,Normativity,Socio-legal research,Sociological theory,Sociology of law,legal philosophy,rationality,rule of law,separation thesis,regulation,risk mangement},
  language     = {eng},
  pages        = {292},
  publisher    = {ARRAY(0x959b4f8)},
  series       = {Law},
  title        = {Normativity in Legal Sociology: Methodological Reflections on Law and Regulation in Late Modernity},
  url          = {http://dx.doi.org/10.1007/978-3-319-09650-6},
  year         = {2014},
}