Jurisprudence and Socio-Legal Studies

Intersecting Fields

Roger Cotterrell

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English

Routledge
12 March 2024

Society & culture: general; Social theory; Jurisprudence & philosophy of law; Law & society; Social law

This book presents a set of related studies aimed at showing key points of intersection and common interest between jurisprudence and socio-legal studies, which are otherwise typically considered distinct fields. It reflects and draws on the author’s work in these areas over more than four decades.

The first half of the book explores theoretical issues surrounding the enterprise of socio-legal research, its current scope, and its historical traditions. Some chapters directly compare juristic theory and socio-legal inquiry. Chapters in Part II profile a selection of European jurists whose work offers important insights for socio-legal inquiry. Other chapters frame these studies, explore the history of interactions between jurisprudence and socio-legal research, and show points of convergence between these fields that are increasingly important today. A main aim of the book is to show the current urgency of linking and broadening juristic and social scientific interests in law.

Internationally oriented, the book will be of interest to students and researchers in the areas of jurisprudence, legal philosophy, sociology of law, socio-legal studies, and comparative law. It is suitable as supplementary reading for courses in any of these subjects.

By: Roger Cotterrell
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 630g
ISBN: 9781032374642
ISBN 10: 1032374640
Pages: 236
Publication Date: 12 March 2024
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

Preface xiii Introduction: Mapping Inquiries about Law 1 About Jurisprudence 1 About Socio-Legal Studies 3 About Sociology of Law 5 Profiles in Pre-Hart Jurisprudence 8 How to Build Bridges 10 PART I A Terrain of Socio-Legal Inquiry 11 1 The Development of Sociology of Law 13 Living Law: A Problem for State Law? 15 Escaping the Limits of Living Law 18 Legal Pluralism and the State 22 Rethinking ‘Law’ and ‘Society’ 24 2 The Identity and Function of Sociology of Law 26 A Stepchild among the Disciplines 26 Sociology of Law as a Field of Practice 29 The Problem of the Concept of Law 33 Instability and Promise 36 3 The Place of Values in Socio-Legal Studies 39 Ultimate Values in Regulatory Practice 41 How Instrumentalism Marginalises Values 44 Culture and Community 47 Tendencies towards Cultural Closure 49 Values in Socio-Legal Theory 52 4 Legal Culture and Cultural Diversity 56 Components of Culture 57 A Politics of Legal Culture 59 Legal Culture in the Conference Room 61 Cultural Self-Sufficiency 63 Law and Culture across State Boundaries 65 Culture as an Umbrella Concept 66 5 Socio-Legal Studies and the Law School 68 A View from the Law School 68 Legal Scholars and Social Theory 73 PART II Juristic Radicals as Socio-Legal Pioneers 77 6 Jurisprudence in Context 79 Theory and Variation in Socio-Legal Inquiry 79 A Bricolage Method 81 Scope and Uses of Jurisprudential Theory 84 Four Jurists and Their Times 87 7 The Jurist as Humanist Polymath (Petrażycki) 94 Petrażycki in the World of Jurists 95 Petrażycki’s Influence on Legal Sociology 98 Petrażycki and Current Socio-Legal Inquiry 101 Petrażycki’s Hidden Legacy 111 8 The Jurist as Legal Sociologist (Ehrlich) 112 The Relativity of Centres and Peripheries 113 Ehrlich in Empire and Culture 116 Responses to Radicalism 119 The State and Social Associations 122 Ehrlich’s Concept of Law 124 An Assessment 128 9 Radical Legal Pluralism in the Shadow of Fascism (Romano) 130 An Enigmatic Classic 131 Legal Pluralism for Lawyers 132 Legal Pluralism for Social Scientists 133 Romano’s Juristic Radicalism 135 An Institutional Theory 136 The Rise of Fascism and the Context of The Legal Order 139 Legal Pluralism in Contemporary Politics 141 An Uncertain Role for the State 144 The Limits of a Lawyer’s Focus 146 10 A Functional Jurisprudence for the Welfare State (Lundstedt) 147 A Method of Reading Juristic Theories 147 The View from Afar: Lundstedt Abroad 149 Lundstedt in Swedish Context 154 A Wider Context: The Jurist’s Role 159 PART III Mapping Intersecting Fields 165 11 Parallel Histories: Jurisprudence and Social Science 167 Law in the Evolution of Sociology 168 Sociology in the Perspective of Jurists 171 Pathways to Collaboration 176 The Memory of Pioneers 182 12 Contemporary Interactions: Legal Theory and Social Theory 183 Theme 1: Legal Individualism 184 Theme 2: Law’s Autonomy and Identity 187 Theme 3: Law and Power 189 Theme 4: Law as an Integrative Mechanism 192 Theme 5: Law in and beyond the State 195 Conclusion 197 13 Linked Futures: Jurisprudence and Socio-Legal Studies 199 The Identity of Socio-Legal Studies 200 The Identity of Jurisprudence 203 Three Themes for the Present and Future 208 References 214 Index 232

Roger Cotterrell is Anniversary Professor of Legal Theory at Queen Mary University of London. Educated as both a lawyer and a sociologist, he has written widely on jurisprudence, sociology of law, and comparative law, and has devoted much of his career to building conversations between the contrasting traditions of jurisprudence and sociology of law. He is a Fellow of the British Academy and of the UK Academy of Social Sciences. His book Sociological Jurisprudence, published by Routledge in 2018, won the international Dennis Mahoney Prize for Legal Theory in 2022.

Reviews for Jurisprudence and Socio-Legal Studies: Intersecting Fields

‘This is a marvelous collection: the essays show Roger Cotterrell at his best: incisive but also open-minded, offering valuable lessons to both established scholars and beginning law students.’ Professor Brian Bix, Frederick W. Thomas Professor of Law and Philosophy, University of Minnesota, USA