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图书目录: Preface
Introduction: Theory and Method in the Study of Law 1 The Social Basis of Law Folkways and Mores Law and Culture Ehrlich's Polemic Against Legal Positivism Law as the Framework of Social Life Empirical Studies of the "Living Law" Mere Polemic? The Problem of the Concept of Law 2 Law as an Instrument of Social Change Modern Law and Modern State Social Change The Limits of Effective Legal Action Making People Good Through Law? Lative Strategies for Promoting Social Change "Som-e Prerequisites for Effective Legislation Limitations of 'Law and Social Change" Studies 3 Law as an Integrative Mechanism Function and Purpose in Law A Law:centred Conception of Social Cohesion: Pound Law and Solidarity in Modern Society: Durkheim Universal Functions of Law?: Llewellyn Social System and Social Structure: Parsons The Autonomy of Law in Western Society The Legal Profession and Its Functions The Legal System as a Sub-System of Society Law and Equal Opportunity: An Empirical Test of Parsonian Theory Functionalism as Social Theory The Integrative Functions of Law 4 Law, Power and Ideology The Consensus Constituency Symbolic Functions of Law Marx: Repressive and Ideological Functions of Law Law. Class and Power Law and Ideology Legal Individualism Law in Corporate Society State and Individual The Problem of Economic Determinism 5 The Acceptance and Legitimacy of Law The Experience of Law: Positivist Approaches and KOL Studies Legal Socialisation Deterrence and Compliance with Law Microsociological Approaches: Phenomcnology and Ethnomethodology Instrumental Acceptance of Law: Max Weber Legality and Legitimacy The Meaning of the Rule of Law The Transformations of Modern Law: Discretionary. Mechanical and Particularised Regulation Sociological Explanations of Changes in the Form of Western Law 177 Legal Legitimacy After the Rule of Law? Ideology, Personal Values and Support for Law 6 Professional Guardianship of Law What is a Legal Profession? Professional Unity and the Stratification of Legal Work Official Values of Legal Practice Client Interests and "Public Interest" Professional Knowledge The Effects of Lawyers on the Law Judges, Courts. Disputes Concepts of Judge and Court Courts and Disputes Judicial Behaviour and Organisational Studies of Highcr Courts Phenomem.logy. Ethnomethodology and Studies of Interaction and Organisation in Lower Courts Ideological Functions of Courts Judge and State Judicial Hierarchies as Administrative Systems Courts as Policy Makers Postcript on Functional Analysis of Courts 8 The Enforcement and Invocation of Law Institutional Commitments to Legal Doctrine Enforcing Law and Invoking Law Opportunity and Incentive to Invoke Law Types of Enforcement Agencies Regulatory Agencies and Their Strategies Regulatory Agencies and Their Environment Regulzition and "Real Crime" Police and Law Police Work and Police Organisation Police Culture Enforcement and Law The Prognosis for Law The Scope of Law and Legal Authority lnformalism Delegalisation and Access to Law State. Civil Society and the Diffusion of Power and Control The Breakdown of Legal Autonomy'? The Future of Legal Individualism The Democratisation of Law Notes and Further Reading Abbreviations References Index |