This intriguing collection of essays by David Nelken examines the relationship between law, society and social theory and the various ideas social theorists have had about the actual and ideal 'fit' between law and its social context. It also asks how far it is possible to get beyond this mainstream paradigm.
David Nelken, Distinguished Professor of Sociology, Macerata University, Italy, Distinguished Research Professor, Cardiff University, and Visiting Professor of Criminology in the Oxford Law Faculty, UK. Dr Nelken is the recipient of the ISA-RCSL Adam Podgórecki Prize 2011, for outstanding achievements in socio-legal research, in the form of distinguished and outstanding lifetime achievement.
Contents: Introduction; Part A Only Connect: The 'gap problem' in the sociology of law: a theoretical review; Law in action or living law?: back to the beginning in the sociology of law; Is there a crisis in law and legal ideology?; Legislation and its constraints: a case study of the 1965 British Rent Act. Part B Changing the Questions: Beyond the study of 'law and society'?; Changing paradigms in the sociology of law; Criminal law and criminal justice: some notes on their irrelation; The loneliness of law's meta-theory; Are disputes between law and science resolvable?; Can law learn from social science? Part C Finding the Limits: Can there be a sociology of legal meaning?; Blinding insights? The limits of a reflexive sociology of law; Comparatists and transferability; The meaning of success in transnational legal transfers; An e-mail from global Bukowina; Index.