Thinking about law : perspectives on the history, philosophy, and sociology of law

THERE IS MORE to law than rules, robes and precedents. Rather, law is an integral part of social practices and policies, as diverse and complex as society itself. Thinking About Law offers a comprehensive introduction to the ways in which law has been presented and represented. It explores historical, sociological, economic and philosophical perspectives on the major legal and political debates in Australia today. The contributors examine the position of Aborigines in the Australian legal system and the impact of the Mabo case; divisions of power in Australian society and law; the question of objectivity in law; the relationship between legislation and social change; judicial decision-making and other issues. Accessibly written, Thinking About Law is essential reading for students and anyone interested in understanding our legal system. All three editors teach in the Law School at the University of Melbourne. Rosemary Hunter is the author of Indirect Discrimination in the Workplace (1992); Richard Ingleby is a Senior Associate with Gadens Ridgeway and the author of Family Law and Society (1993); and Richard Johnstone is co-author with M. Le Brun of The Quiet (R)evolution (1994). Cover 1 Half Title 2 Title Page 4 Copyright Page 5 Contents 6 Acknowledgments 8 Tables and figures 9 Contributors 10 Introduction 11 Part One 16 1 Law and history in black and white 18 Part Two 54 2 Themes in liberal legal and constitutional theory 56 3 Economic and sociological approaches to law 76 4 Objecting to objectivity: the radical challenge to legal liberalism 101 Part Three 148 5 Explaining law reform 150 6 Invocation and enforcement of legal rules 172 7 Judicial decision making 189 Notes 204 Bibliography 245 Index 264 liberal,legal;,sociological;,law,reform;,Judicial,decision liberal legal,sociological,law reform,Judicial decision Thinking About Law Offers A Comprehensive Introduction To The Ways In Which Law Has Been Presented And Represented. It Explores Historical, Sociological, Economic And Philosophical Perspectives On The Major Legal And Political Debates In Australia Today. The Contributors Examine The Position Of Aborigines In The Australian Legal System And The Impact Of The Mabo Case; Divisions Of Power In Australian Society And Law; The Question Of Objectivity In Law; The Relationship Between Legislation And Social Change; Judicial Decision-making And Other Issues.--jacket. Law And History In Black And White / Penelope Mathew, Rosemary Hunter And Hilary Charlesworth -- Themes In Liberal Legal And Constitutional Theory / David Wood, Rosemary Hunter And Richard Ingleby -- Economic And Sociological Approaches To Law / Richard Johnstone -- Objecting To Objectivity : The Radical Challenge To Legal Liberalism / Gerry J. Simpson And Hilary Charlesworth -- Explaining Law Reform / Rosemary Hunter And Richard Johnstone -- Invocation And Enforcement Of Legal Rules / Richard Ingleby And Richard Johnstone -- Judicial Decision Making / Richard Ingleby And Richard Johnstone Edited By Rosemary Hunter, Richard Ingleby And Richard Johnstone. Includes Bibliographical References (p. 230-248) And Index.