Law In Modern Society

Paperback | October 30, 2006

byDenis Galligan

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Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influencespeople's behaviour. The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. Durkheim, and N. Luhmann. Galligan's approach is guided by two main ideas: that the law is a social formation with itsown character and features, and that at the same time it interacts with, and is affected by, other aspects of society. In analysing these two ideas, Galligan develops a general framework for law and society within which he considers various aspects including: the nature of social rules and theconcept of law as a system of rules; whether law has particular social functions and how legal orders run in parallel; the place of coercion; the characteristic form of modern law and the social conditions that support it; implementation and compliance; and what happens when laws are used to changesociety. Law in Modern Society encourages legal scholars to consider the law as an expression of social relations, examining the connections and tensions between the positive law of modern society and the spontaneous relations they often try to direct or change.

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Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influencespeople's behaviour. The concept of law as ...

Denis Galligan is Professor of Socio-Legal Studies and Director of the Centre for Socio-Legal Studies at the University of Oxford. He is also a Fellow of Wolfson College, Oxford. He teaches law and society, administrative law and legal and social theory.

other books by Denis Galligan

Social and Political Foundations of Constitutions
Social and Political Foundations of Constitutions

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Format:PaperbackDimensions:400 pages, 8.5 × 5.43 × 0.87 inPublished:October 30, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199269785

ISBN - 13:9780199269785

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Table of Contents

1. Setting the bounds of law in modern society2. Approaches to law in society3. Law as social rules4. Law prior to rules5. Law as a system of rules6. Social spheres7. The reception of law8. Law and coercion9. Legal pluralism: parallel legal orders10. Extended legal pluralism: informal legal orders11. Does law have social functions?12. The social value of law13. Forms of modern legal orders14. Social foundations of modern legal form15. Implementation and the architecture of law16. Implementation: the legal and social environment17. Change through the law: the contours of compliance