Law, Legal Culture and Society: Mirrored Identities of the Legal Order, 1st Edition (Hardback) book cover

Law, Legal Culture and Society

Mirrored Identities of the Legal Order, 1st Edition

Edited by Alberto Febbrajo

Routledge

204 pages

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Hardback: 9781138488366
pub: 2018-07-12
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Description

This volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural ways in which legal cultures work in a modern society, through the metaphor of the mirror. As a mirror of society, it distinguishes between the structure and function of legal culture within the legal system, and the external representation of law in society. This duality is further problematized in relation to the increasing transnationalisation of law.

Based on a multi-level interpretation of the concept of legal culture, the work is divided into three parts: the first addresses the mutual reflections of social and legal norms that support a pluralist representation of internal legal cultures, the second concentrates on the external legal cultures that constantly enable pragmatic adjustments of the legal order to its social environment, and the third concludes the book with a theoretical discussion of the issues presented.

Table of Contents

Introduction - Alberto Febbrajo

PART I TOWARDS A REFLEXIVE LEGAL CULTURE

1. The Normative Anatomy of Society - Håkan Hydén

2.A Typology of Legal Cultures - Alberto Febbrajo

3. Pluripoiesis of Law and the Kaleidoscope of Legal Cultures - Pedro Rubim Borges Fortes

4. Towards a Global Legal Culture? Spaces of Law in the Transnational Constellation - Lasha Bregvadze

5. Competing Mirrors. Law’s Blind Spots in Philosophical and Social-Scientific Review - Anton Schütz

PART II ON THE MULTIDIMENSIONAL FUNCTIONING OF LEGAL SYSTEMS

6. Normative Force and Political Intelligence - André-Jean Arnaud

7. Balancing Legal Principles and Legal Topics - Tercio Sampaio Ferraz Jr.

8. Questionable Neutrality. Personal Values in Judicial Adjudication - Jack E. Meakin

9.The Leaking Law - Karl Dahlstrand

10.The Postmodern Administrative Law - Karl-Heinz Ladeur

APPENDIX

11. The Sociological Observation of the Theory and Practice of Law - Niklas Luhmann

12. Some Problems with Reflexive Law - Niklas Luhmann

About the Editor

Alberto Febbrajo is Senior Professor of Sociology of Law at the Department of Law, University of Macerata, Italy.

About the Series

Studies in the Sociology of Law

Studies in the Sociology of Law
The objectives of Studies in the Sociology of Law are threefold. First, the series aims to deepen the analysis of the socio-legal problems related to the enlarged European Union and the different paths of its constitutional process and policy. Second, it examines the many facets of legal cultures within and outside the European context in comparative perspective and in an open debate with extra European scholarship. Third, it focuses on the legacy of European legal thought while dealing with the new challenges of contemporary societies. Accordingly, the series adopts a line of enquiry that emphasizes the broader dynamic of legal cultures.

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Subject Categories

BISAC Subject Codes/Headings:
LAW001000
LAW / Administrative Law & Regulatory Practice
LAW052000
LAW / Jurisprudence
PHI034000
PHILOSOPHY / Social
SOC026000
SOCIAL SCIENCE / Sociology / General