Law and society Book

1. Introduction: Approaches to Law and Society.

Some Directions from the U.S. Experience.

The Social Construction of Law.

Defining Law by Approaches to the Study of Law.

Max Weber's Typology of Approaches to the Study of Law.

Alternative Sociological Approaches to Law.

2. Law, Solidarity, and Social Organization.

Positivist Approaches.

Emile Durkheim: Law, Social Organization and Morality.

Law, Solidarity and Moral Boundaries.

3. Liberal Society, Rationality, and the Rule of Law.

Classical Liberalism and the Rule of Law.

The Rule of Law and Rational Social Life.

Rationality and Types of Legal Decision Making.

The Rule of Law and Formal Rationality.

The Rule of Law and Corporate Capitalism.

4. Law and the Logic of Capitalism.

Karl Marx: The Rule of Capital and the Rule of Law.

The Logic of Capital.

Alienated Labor.

Essential Legal Relations.

Law and the Political Relations of Capitalism.

Law and Ideology.

5. Law and Power and Democracy.

The Rule of Law, Political Democracy and Economic Concentration.

Loan Guarantee Legislation and the Rule of Law.

Instrumentalism: Pluralist and Corporate Elite Approaches.

Structuralism: Alternatives to Pluralist and Corporate Elite Approaches.

A Dialectical Approach to Law and Power.

Contradiction and Crisis in the California Fisheries.

Power and the Implementation of Law.

Government Litigation and State Power.

6. Law, Private Life, and Public Order.

Law, Society and the Public/Private Division.

Hannah Arendt: The Public/Private Division and Modern Society.

Critics of the Public/Private Division in Law and Society.

Law, the Public/Private Division, and Social Patriarchy.

Law, Society and Property: Between Public and Private.

Bankruptcy Law: From Personal Stigma to Social Condition.

7. The Autonomy of Law: Society, Legal Institutions and Legal Reasoning.

Defining the Autonomy of Law.

Sources of Legal Autonomy.

Limits to Legal Autonomy.

Legal Autonomy and Legislative Law Making.

8. The Social Construction of Labor Law.

Legal Definitions of Free and Unfree Labor.

Unions and Management: Labor Law at the Point of Production.

The Rule of Law and the National Labor Relations Act.

Public Rights Doctrine: Public Interests in Private Contracts.

The Workplace Contract: Ordering Conflict and Defining Roles During the “Glory Days.”

The Workplace Contract: Crisis and Directions for Renewal.

9. Gender, Law, and the Meanings of Equality.

The Fourteenth Amendment: Race and Gender.

The Politics of the Equal Rights Amendment.

Gender, Law and Types of Inequality.

Law and Types of Gender Equality.

Law, Pregnancy and Family Care: Disability or National Condition?

10. Legitimacy, Lawmaking and Dispute Resolution.

Legitimacy, Consensus and Law.

Institutional and Popular Legitimacy in Legislative lawmaking.

Legitimacy and Types of Dispute Resolution.

Negotiation: Legal and Cognitive Legitimacy.

Legitimacy and Mediation.

Legitimacy and Arbitration.

Legitimacy and Adjudication.

11. Conclusion: Postmodernism, Community, and the Changing Rule of Law.

Postmodernism and the Legal Individual: Michel Foucault.

Controversies around Postmodernism, Law and Society.

Community, Citizenship and Law.