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.
Roger Cotterrell is Anniversary Professor of Legal Theory at Queen Mary University of London. Educated as a lawyer and a sociologist, he has written widely on sociology of law, jurisprudence and comparative law, and is a Fellow of the British Academy and of the (UK) Academy of Social Sciences.
CONTENTS Preface 1. Introduction: Recovering Sociological Jurisprudence PART 1: THE JURISTIC POINT OF VIEW 2. The Nature of Legal Expertise 3. The Jurist's Role 4. Why Jurisprudence is Not Legal Philosophy 5. Sociology in Juristic Practice PART 2: TRANSNATIONAL CHALLENGES TO JURISTIC THOUGHT 6. Why Lawyers Need a Theory of Legal Pluralism 7. A Concept of Law for Global Legal Pluralism 8. The Nature of Transnational Law 9. Transnational Legal Authority 10. A Transnational Concept of Crime PART 3: LEGAL VALUES IN SOCIOLOGICAL PERSPECTIVE 11. Culture as a Juristic Issue 12. Can Sociology Clarify Legal Values? 13. Human Rights and Dignity: A Durkheimian Perspective 14. Legal Instrumentalism and Popular Values 15. Conclusion: Horizons of Sociological Jurisprudence