Published online by Cambridge University Press: 05 June 2012
In law-and-society theory, the phrase ‘law in context’ points to the many ways legal norms and institutions are conditioned by culture and social organization. We see how legal rules and concepts, such as those affecting property, contract, and conceptions of justice, are animated and transformed by intellectual history; how much authority and self-confidence of legal institutions depends on underlying realities of class and power; how legal rules fit into broader contexts of custom and morality. In short, we see law in and of society, adapting its contours, giving direction to change. We learn that legal order is far less autonomous, far less self-regulating and self-sufficient, than is often portrayed by its leaders and apologists. This perspective encourages us to accept blurred boundaries between law and morality, law and tradition, law and economics, law and politics, law and culture. Accepting the reality of blurred boundaries leads to much puzzlement and controversy. Law loses some of its special dignity and some jurisprudential questions cannot be avoided.
In recent years academic law has been dominated by friendly rivalry between two main types of approach. The more traditional one, sometimes known as the ‘black letter’ or ‘expository’ approach, treats the systematic exposition and analysis of legal rules (‘doctrine’) both as the starting point and the almost exclusive focus of the study of law. In this view, sociological, historical, critical and other perspectives are at best ancillary and should only be introduced after the student has gained an extensive basic knowledge of the law-as-it-is.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.