Social Cohesion and Legal Coercion

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Release : 2021-11-15
Genre : Philosophy
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Book Rating : 924/5 ( reviews)

Social Cohesion and Legal Coercion - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Social Cohesion and Legal Coercion write by Leon Shaskolsky Sheleff. This book was released on 2021-11-15. Social Cohesion and Legal Coercion available in PDF, EPUB and Kindle. The book is a critical analysis of the work of Max Weber, Emile Durkheim and Karl Marx. It focuses on their separate analyses of the role of law in society, pointing out their faults and errors, and the resultant impact on modern social science. The author takes issue with Weber's work on rationality, with Durkheim's work on repressive and restitutive law, and with Marx's work on social justice and law as part of the super-structure. In each section of the book he shows the implications that flow from a re-assessment and re-interpretation of their work for an understanding of society. The book is multi-disciplinary, making ample reference to law, sociology, anthropology, history, religion, ecology, criminology, philosophy and economics. Its various chapters discuss a wide range of themes, including rationality, tradition, science, political authority, conflict resolution, community, justice and altruism.

Coercion

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Release : 1989
Genre : Philosophy
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Book Rating : 229/5 ( reviews)

Coercion - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Coercion write by Alan Wertheimer. This book was released on 1989. Coercion available in PDF, EPUB and Kindle. Wertheimer attempts to move beyond previous theories of coercion by conducting a fairly extensive survey of the way in which cases involving coercion have been treated by American courts. This impressive project occupies the first half of the book, where he makes a convincing case that there is a fairly unified 'theory of coercion' at work in adjudication, past and present. This legal theory, however, is not entirely adequate for the purposes of social and political philosophy, and the last half of the book develops Wertheimer's more comprehensive philosophical theory. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Coercion and the Nature of Law

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Release : 2020-05-06
Genre : Law
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Book Rating : 167/5 ( reviews)

Coercion and the Nature of Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Coercion and the Nature of Law write by Kenneth Einar Himma. This book was released on 2020-05-06. Coercion and the Nature of Law available in PDF, EPUB and Kindle. The Coercion Thesis has been a subject of longstanding debate, but legal positivist scholarship over the last several decades has concluded that coercion is not necessary for law. Coercion and the Nature of Law is concerned with reviving the Coercion Thesis, presenting a strong case for the inherently coercive nature of legal regulation, and arguing that anything properly characterized as a legal system must back legal norms prohibiting breaches of the peace with the threat of a coercive sanction. Himma presents the argument that people are self-interested beings who must compete in a world of scarcity for everything they need to survive and thrive. The need to compete for resources naturally leads to conflict that can breach the peace, and threatens the ability to live together in a community and reap the social benefits of cooperation. Law only functions as a system if it can maintain the peace enough for community to continue, and thus systems of law cannot succeed in doing anything that we want systems of law to do unless they back laws prohibiting violent assaults on persons or property with the threat of punishment; without sanctions, we would descend into something resembling a condition of war-of-all-against-all. We adopt coercive systems of regulation precisely to avoid having to live under such conditions. The book is divided into three parts: (1) a prima facie logical-empirical case for the Coercion Thesis, (2) a study of the "society of angels" and international law counterexamples, and why they do not refute the thesis, and (3) an analysis of how law guides behaviour and the implications of the Coercion Thesis on reasons for action. Going against the current conventional wisdom in legal philosophy, Himma makes a systematic defence of the Coercion Thesis arguing that coercion or enforcement mechanisms are not only a necessary feature of legal systems, but a conceptually necessary feature of legal systems.

Law, Society and Community

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Release : 2016-04-22
Genre : Law
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Book Rating : 292/5 ( reviews)

Law, Society and Community - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Law, Society and Community write by Richard Nobles. This book was released on 2016-04-22. Law, Society and Community available in PDF, EPUB and Kindle. This collection of socio-legal studies, written by leading theorists and researchers from around the world, offers original, perceptive and critical contributions to ideas and theories that have been expounded by Roger Cotterrell over a long and distinguished career. Engaging with many classic issues and theories of the sociology of law, the contributions are likely to become classics themselves as they tackle some of the most significant challenges that modern law faces. They do not shy away from what one of the contributors describes as the complexity and multiplicity of our contemporary legal world. The book is organized in three parts: socio-legal themes; methodological and jurisprudential themes; globalization, cultural and comparative law themes. Starting with a chapter that re-engages with the need to interpret legal ideas sociologically, and ending with one that explores the global significance of modern fascination with the idea of the rule of law, this selection offers important additions to the oeuvre of Roger Cotterrell (a list of whose academic writings is included in the book).

Durkheim and the Law

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Release : 2017-09-16
Genre : Social Science
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Book Rating : 337/5 ( reviews)

Durkheim and the Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Durkheim and the Law write by Steven Lukes. This book was released on 2017-09-16. Durkheim and the Law available in PDF, EPUB and Kindle. The law was central to Durkheim's sociological theory and to his efforts to establish sociology as a distinctive discipline. This revised and updated second edition of Durkheim and the Law brings together key texts which demonstrate the development of Durkheim's thinking on the sociology of law, several of them newly translated here. The editors, both world-renowned Durkheim scholars, provide a comprehensive analysis of the intellectual significance and distinctiveness of Durkheim's work on the subject. They show how his ideas evolved over time; how they contributed to the development of a distinctively Durkheimian vision of a science of society; and they provide a comprehensive assessment of the strengths and weaknesses of his theorizing about law, as well as its continuing relevance for contemporary sociology. Enriched with a new introduction and useful learning features, this book remains a major reference for students of socio-legal theory.