Beyond Law in Context by David Nelken

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  • E-book Title: Beyond Law in Context
  • Author: David Nelken
  • Category: Law
  • Date: September 2017
  • Lenguage: English
  • Epub Pages: unknown
  • ISBN: 9780754628026

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Description of the ebook:

This intriguing assortment of essays by David Nelken examines the connection between legislation, society and social idea and the varied concepts social theorists have had in regards to the precise and perfect ‘match’ between legislation and its social context. It additionally asks how far it’s attainable to get past this mainstream paradigm. The worth of social theorising for learning legislation is illustrated by particular developments in substantive areas resembling housing legislation, tort legislation, the legislation of proof and felony legislation. Throughout the chapters the main target is on the next questions. What is gained (and what could also be misplaced) by placing legislation in context? What makes an attempt have been made to transcend this method? What are their (obligatory) limits? Can legislation be seen as something apart from in a way each separate from and regarding ‘the social’? The distinctiveness of this method lies in its effort to maintain in pressure two claims. Firstly, that social theorising about authorized practices is vitally essential for understanding the connections between authorized and social constructions and revealing what legislation means and does for (and to) numerous social actors. The second level is that it doesn’t observe that what we be taught in this fashion could be assumed to be essentially related to (re)shaping authorized practices with out additional argument that pays heed to legislation’s specificity

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