Niklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern 'positive' – as opposed to ‘natural’ – law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow.

These essays seek to re-locate the relationship between the traditional concerns of legal theory and the sociology of law by establishing a consistent theoretical approach to the analysis of law in contemporary Western societies.

The purpose of this book is to introduce the sociology of law by providing a coherent organization to the general body of literature in that field. As such, the text gives a comprehensive overview of theoretical sociology of law. It deals with the broad expanse of the field and covers a vast amount of intellectual terrain. This volume is intended to fill a gap in the literature. Most textbooks in the sociology of law are insufficiently theoretical or else do not provide a paradigmatic analysis of sociological theories. The content of this text consists of discussions of the works of scholars who have contributed the most to the cumulative development of the sociology of law. It surveys the major traditions of legal sociology but is not wedded to any one particular theoretical approach. Both the "classical," or nineteenth-century, and "contemporary," or twentieth-century, perspectives are covered. The reader will see that nineteenth-century thought has directly influenced the emergence of twentieth-century theory. One unique feature of this book is that key sociological and legal concepts, presented in bold print and italics, are defined, described, and illustrated throughout. Although the nature of the subject matter is highly theoretical and, at times, quite complex, Trevino values every effort to present the material in the most straightforward and intelligible form possible without compromising the integrity of the theories themselves. In short, this book aims to accomplish three objectives: inform about the progressive advancement of sociological theory, teach the reader to analyze the law as a social phenomenon, and develop in the reader a critical mode of thinking about issues relevant to the relationship between law and society.

This book presents a unified set of arguments about the nature of jurisprudence and its relation to the jurist’s role. It explores contemporary challenges that create a need for social scientific perspectives in jurisprudence, and it shows how sociological resources can and should be used in considering juristic issues. Its overall aim is to redefine the concept of sociological jurisprudence and outline a new agenda for this. Supporting this agenda, the book elaborates a distinctive juristic perspective that recognises law’s diversity of cultural meanings, its extending transnational reach, its responsibilities to reflect popular aspirations for justice and security, and its integrative tasks as a general resource of regulation for society as a whole and for the individuals who interact under law’s protection. Drawing on and extending the author’s previous work, the book will be essential reading for students, researchers and academics working in jurisprudence, law and society, socio-legal studies, sociology of law, and comparative legal studies.

This text introduces students to the study of law from a sociological perspective by focusing on four themes: the relationship between law and society; law in everyday life; the role of race, class and gender in the legal system; and current political debates that are connected to law. While explaining the essentials elements of law, and drawing on scholarly literature and relevant cases, the author does not advocate for normative views on law and the legal system. The text compares laws across various societies, discusses international law, and demonstrates how the laws of certain countries affect those of others--providing readers with insights into the nature of law within any society.

In this volume, the auhtor attempts to show that statute law does not explain the whole nature of law. He urges that the law as expressed in judicial decisions should be distinguished from law as expressed in social conduct.