作者: Stewart Field
DOI: 10.2307/1409901
关键词: Legal history 、 Law 、 Jurisprudence 、 Legal realism 、 Sociology 、 Philosophy of law 、 Empirical legal studies 、 Comparative law 、 Legal profession 、 Private law
摘要: Professor Arthurs's book, Without the Law,' is an important account of varied forms in which law regulated nineteenth century society. Though primarily a historical work, it casts light upon central debate contemporary sociological and legal thought, that provides significant empirical contribution to developing interest amongst sociologists law. Legal encompass general structure, categories, procedures institutions, rather than specific content particular laws. This interest, direct consequence inadequacies class instrumental theories development,2 has been dogged by problems generated very high levels abstraction at much ensuing analysis pitched. Thus, abstract linkages made, for example, Pashukanis Poulantzas3 between 'commodity form law' or 'capitalist capitalist mode production, have led tendency see discrete sequential stages associated with periods, suggest crisis when two more coexist.4 In reaction this, need examine way different complement and/or conflict each other recently stressed.5 It here Arthurs makes crucial demon