Classic Writings in Law and Society: Contemporary Comments and Criticisms (Law & Society)

This volume consists of outstanding essays by contemporary scholars and specialists on classic writings in law and society. This second edition expands the previous volume by adding additional statements. Included are commentaries on Edward A. Ross's Social Control: A Survey of the Foundations of Order , Karl N. Llewellyn's Jurisprudence: Realism in Theory and Practice , Jerome Frank's Law and the Modern Mind , Leon Petrazycki's Law and Morality , and Karl Renner's The Institutions of Private Law and their Social Functions . The goal of Classic Writings in Law and Society is to acquaint a new generation of students with classic writings by diverse social and legal scholars―ranging from Henry Sumner Maine, Oliver Wendell Holmes, Jr., and Hans Kelsen to Eugen Ehrlich, Nicholas S. Timasheff, and Richard Quinney. This work continues to demonstrate their contemporary theoretical relevance. Accordingly, each chapter speaks of the scholars' work in general, how the particular book under consideration fits into that corpus, and how the book is assessed in a present day context. These essays have a clear relation to the "classic" tradition in sociolegal thought. Reading the classics is useful in gaining a better understanding and appreciation of the essential foundation for a post-classic approach in law and social inquiry―an approach that can be found in such orientations as critical legal studies, chaos theory in law, and legal semiotics. Classic Writings in Law and Society includes commentaries that consider early writings that set the standard for the social scientific approach in examining issues of law and punishment, social control, joint stock companies, business firms and nation-states in the study of law and society. Over against such reference volumes as encyclopedias, which are intended to provide an overview and summary of a subject, and dictionaries, which define a series of terms,'commentaries'generally consist of a collection of lectures or essays that discuss and explain in some detail particular topics and sources. In law, the best known and oldest of these is William Blackstone's Commentaries on the Laws of England (1765-1769). Others, which are equally prominent, include James Kent's Commentaries on American Law (1826) and Joseph Story's Commentaries on the Constitution of the United States (1833). This volume is presented in the spirit of the aforementioned treatises. It consists of several essays of contemporary comments and criticisms intended generally to inform and educate.The commentaries in this book have two collective purposes. First and foremost, they are intended to acquaint a new generation of students with thirteen classic books written by diverse sociolegal scholars--ranging from Henry Sumner Maine, Oliver Wendell Holmes, Jr., and Hans Kelsen to Eugen Ehrlich, Nicholas S. Timasheff, and Richard Quinney. Second, they endeavor to demonstrate the contemporary theoretical relevance, the continuing legacy, of these classic writings. Accordingly, the commentaries discuss each of the scholars'work in general, how the particular book under consideration fits into that corpus, and how the book is assessed in a contemporary context. Singly and collectively these books have a clear relation to the'classic'tradition in thought--a tradition that, although not always acknowledged, is of great significance to current theorizing in law and society.The classic tradition represents those books that have come to be considered the foundational texts in the social scientific study of law. The commentaries collected here were written by some of today's leading scholars of law and society, including Piers Beirne, Dario Melossi, Kalus A. Zigert, Alan Hunt, Marshall B. Clinard, and Dragan Milovanovic.

This volume consists of outstanding essays by contemporary scholars and specialists on classic writings in law and society. This second edition expands the previous volume by adding additional statements. Included are commentaries on Edward A. Ross’s Social Control: A Survey of the Foundations of Order, Karl N. Llewellyn’s Jurisprudence: Realism in Theory and Practice, Jerome Frank’s Law and the Modern Mind, Leon Petrazycki’s Law and Morality, and Karl Renner’s The Institutions of Private Law and their Social Functions.

The goal of Classic Writings in Law and Society is to acquaint a new generation of students with classic writings by diverse social and legal scholars-ranging from Henry Sumner Maine, Oliver Wendell Holmes, Jr., and Hans Kelsen to Eugen Ehrlich, Nicholas S. Timasheff, and Richard Quinney. This work continues to demonstrate their contemporary theoretical relevance. Accordingly, each chapter speaks of the scholars’ work in general, how the particular book under consideration fits into that corpus, and how the book is assessed in a present day context. These essays have a clear relation to the classic tradition in sociolegal thought.

Reading the classics is useful in gaining a better understanding and appreciation of the essential foundation for a post-classic approach in law and social inquiry-an approach that can be found in such orientations as critical legal studies, chaos theory in law, and legal semiotics. Classic Writings in Law and Society includes commentaries that consider early writings that set the standard for the social scientific approach in examining issues of law and punishment, social control, joint stock companies, business firms and nation-states in the study of law and society.

Contents Acknowledgments Introduction: The Classic Tradition Part I: Foundational Works in Law, Punishment, and Society 1. On Henry Sumner Maine, Ancient Law 2. On Gabriel Tarde, Penal Philosophy 3. On Georg Rusche and Otto Kirchheimer, Punishment and Social Structure Part II: Law and Legal Resoning as Social and Psychological Phenomena 4. On Oliver Wendell Holmes, Jr., The Common Law 5. On Edward A. Ross, Social Control: A Survey of the Foundations of Order 6. On Roscoe Pound, Social Control through Law 7. On Karl N. Llewellyn, Jurisprudence: Realism in Theory and Practice 8. On Jerome Frank, Law and the Modern Mind Part III: The Sociology of Law 9. On Eugen Ehrlich, Fundamental Principles of the Sociology of Law 10. On Leon Petrazycki, Law and Morality 11. On Georges Gurvitch, Sociology of Law 12. On Nicholas S. Timasheff, An Introduction to the Sociology of Law Part IV: Juristic Entities in the Study of Law and Society 13. On Karl Renner, The Institutions of Private Law and Their Social Functions 14. On Marshall B. Clinard and Peter C. Yeager, Corporate Crime 15. On Hans Kelsen, General Theory of Law and State Part V Critical Perspectives on Law, Crime,a nd Society 16. On Richard Quinney, The Social Reality of Crime 17. On Evgeny B. Pashukanis, The General Theory of Law and Marxism 18. On Richard Quinney, Critique of Legal Order Contributors Name Index Subject Index This volumeconsists of outstanding essays by contemporary scholars and specialists on classic writings in law and society. This second edition expands the previous volume by adding additional statements. Included are commentaries on Edward A. Ross's __Social Control: A Survey of the Foundations of Order__, Karl N. Llewellyn's __Jurisprudence: Realism in Theory and Practice__, Jerome Frank's __Law and the Modern Mind__, Leon Petrazycki's __Law and Morality__, and Karl Renner's __The Institutions of Private Law and their Social Functions__. Reading the classics is useful in gaining a better understanding and appreciation of the essential foundation for a post-classic approach in law and social inquiry―an approach that can be found in such orientations as critical legal studies, chaos theory in law, and legal semiotics. __Classic Writings in Law and Society__ includes commentaries that consider early writings that set the standard for the social scientific approach in examining issues of law and punishment, social control, joint stock companies, business firms and nation-states in the study of law and society. 1st edition published : New Brunswick, N.J. : Transaction Publishers, 2007