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Law meets society

Chapter


Abstract


  • Socialising comes in many forms these days - online, face to face,

    even out of space. And some of it has gone the way of the dinosaurs. What is

    meant by 'community' or 'society' just doesn't look the same now as it did a few

    years ago. However, even though there are all kinds of societies, and all kinds of

    communities, law has to deal with all of them. There are many ways to do this

    - adopt a natural law approach and make assumptions about human conduct

    from metaphysical sources, use the discretion of the judges as Hart suggested, or

    find everything you need in the texts of the law, as Dworkin proposed. There

    is another group of legal theories that take yet a different approach to law and

    its role in society - this time directly concerned with law as a social institution,

    and the direct relationship between law and society. And while there are a range

    of 'social' theories concerning themselves with law, we will focus our attention

    onto those facets of the theories where 'law meets society' which have directly

    influenced the practices of law. These theories came out of America in the first

    half of the 20th century - namely, Roscoe Pound's sociological jurisprudence

    and the American Legal Realists.

Publication Date


  • 2014

Edition


  • 2

Citation


  • Leiboff, M. (2014). Law meets society. In M. Leiboff & M. Thomas (Eds.), Legal Theories: Contexts and Practices (pp. 369-399). Australia: Thomson Reuters.

International Standard Book Number (isbn) 13


  • 9780455231051

Book Title


  • Legal Theories: Contexts and Practices

Start Page


  • 369

End Page


  • 399

Place Of Publication


  • Australia

Abstract


  • Socialising comes in many forms these days - online, face to face,

    even out of space. And some of it has gone the way of the dinosaurs. What is

    meant by 'community' or 'society' just doesn't look the same now as it did a few

    years ago. However, even though there are all kinds of societies, and all kinds of

    communities, law has to deal with all of them. There are many ways to do this

    - adopt a natural law approach and make assumptions about human conduct

    from metaphysical sources, use the discretion of the judges as Hart suggested, or

    find everything you need in the texts of the law, as Dworkin proposed. There

    is another group of legal theories that take yet a different approach to law and

    its role in society - this time directly concerned with law as a social institution,

    and the direct relationship between law and society. And while there are a range

    of 'social' theories concerning themselves with law, we will focus our attention

    onto those facets of the theories where 'law meets society' which have directly

    influenced the practices of law. These theories came out of America in the first

    half of the 20th century - namely, Roscoe Pound's sociological jurisprudence

    and the American Legal Realists.

Publication Date


  • 2014

Edition


  • 2

Citation


  • Leiboff, M. (2014). Law meets society. In M. Leiboff & M. Thomas (Eds.), Legal Theories: Contexts and Practices (pp. 369-399). Australia: Thomson Reuters.

International Standard Book Number (isbn) 13


  • 9780455231051

Book Title


  • Legal Theories: Contexts and Practices

Start Page


  • 369

End Page


  • 399

Place Of Publication


  • Australia