Law and Society in Transition

Toward Responsive Law

Philippe Nonet, Philip Selznick, Robert A. Kagan

• Publisher: Routledge
• Year: 2017
• eBook ISBN:
  9781351509589
• Topic: Jura
• Subtopic: Geschichte & Theorie der Politik

Year by year, law seems to penetrate ever larger realms of social, political, and economic life, generating both praise and blame. Nonet and Selznick's Law and Society in Transition explains in accessible language the primary forms of law as a social, political, and normative phenomenon. They illustrate with great clarity the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity. To make jurisprudence relevant, legal, political, and social theory must be reintegrated. As a step in this direction, Nonet and Selznick attempt to recast jurisprudential issues in a social science perspective. They construct a valuable framework for analyzing and assessing the worth of alternative modes of legal ordering. The volume's most enduring contribution is the authors' typology-repressive, autonomous, and responsive law. This typology of law is original and especially useful because it incorporates both political and jurisprudential aspects of law and speaks directly to contemporary struggles over the proper place of law in democratic governance. In his new introduction, Robert A. Kagan recasts this classic text for the contemporary world. He sees a world of responsive law in which legal institutions-courts, regulatory agencies, alternative dispute resolution bodies, police departments-are periodically studied and redesigned to improve their ability to fulfill public expectations. Schools, business corporations, and governmental bureaucracies are more fully pervaded by legal values. Law and Society in Transition describes ways in which law changes and develops. It is an inspiring vision of a politically responsive form of governance, of special interest to those in sociology, law, philosophy, and politics.

Index

Accountability, 61; and purpose, 111; and responsiveness, 76

Ackerman, Bruce, 109n

Adjudication, result-oriented, 68, 84

Administration, 99–100, 110–111

Administrative law, 111–112

Administrative regularity, presumption of, 23

Advocacy, 5, 71–72

and civic participation, 97–98

Albert, Lee A., 97n

Amos, Maurice S., 66n

Aquinas, Thomas, 9n

Archaic law, 36

Arendt, Hannah, 36n, 92n

Auden, W.H., 39n

Austin, John, 17–18, 32, 34n

Authority, 22, 49–51; crisis of, 4–8; in legal theory, 11–14; situational, 88–89; variability of, 87–88. see also Legitimacy

Baldwin, Sidney, 101n

Baratz, Joan C, 106n

Barnard, Chester L, 99

Becker, Howard S., 90n

Bendix, Reinhard, 65n

Bennis, Warren G., 21n, 98n

Berman, Harold J., 36n, 40

Bettelheim, Bruno, 32n

Bickel, Alexander M., 67n, 74n, 75n, 87n, 92n, 105n

Blake, Judith, 63n

Blumberg, Abraham S., 43n

Blumrosen, Alfred, 89n, 112n

Bohannan, Paul, 13n

Bork, Robert, 74n, 75n

Braybrooke, David, 85n

Briar, Scott, 32n

Brill, Harry, 102n

Bronstein, Daniel, 98n

Broom, Leonard, 94n, 100n

Bureaucracy, 95; and the model of rules, 64–65; and postbureaucratic organization, 99–100; types and stages of, 21–23

Cahn Edgar S., 102n

Cahn, Edmond, 39n

Cahn, Jean C, 102n

Carlin, Jerome E., 44n

Carte, Elaine E., 43n

Carte, Gene E., 43n

Chayes, Abram, 108n, 109n

Citizenship, 90

Civil disobedience, 92n

Civility, 90–94; and criminal law, 89, 92; and ideology, 91; and negotiated order, 92–94

Cloward, Richard A...

Table of contents

• Cover Page
• Halftitle Page
• Title Page
• Copyright Page
• Content Page
• INTRODUCTION TO THE TRANSACTION EDITION
• PREFACE
• I Jurisprudence and Social Science
• II Repressive Law
• III Autonomous Law
• IV Responsive Law
• Epilogue: Two Ways Law Can Die
• Index