Description

In this new collection of essays, Paul van Seters brings together an international group of scholars from diverse academic backgrounds to reflect upon the remarkable rise of communitarianism in contemporary studies of law and society. Taking account of the intricate relationship between law and communitarianism, these essays critically assess the communitarian perspective in order to gain a more systematic insight into its distinctive constraints and the special opportunities it provides. At its core, this work contends that law necessarily presupposes community, but also essentially extends it. Arguing that communitarianism must be understood as an effort to reconstruct liberalism, and not just debunk it, Communitarianism in Law and Society explores what good is to come of this movement for legal theory and practice.

Table of Contents

Part 1 Preface: Law and Communitarianism: Constraints and Opportunities
Part 2 Introduction: Communitarianism in Law and Society
Part 3 Law and Community in Socio-Legal Studies
Chapter 4 The Jurisprudence of Communitarian Liberalism
Chapter 5 Living Law Revisited: Communitarianism and Sociology of Law
Chapter 6 Law and Society in Japan
Part 7 Communitarianism in the European Arena
Chapter 8 The European Union as Community: An Argument about the Public Sphere in International Society and Politics
Chapter 9 Deepening Social Europe through Legal Pluralism
Chapter 10 A Liberal Critique of Communitarian Economics
Part 11 The Social Values of Law
Chapter 12 Protection or Prohibition of Aggressive Speech? Arguments from the Liberal and Communitarian Perspectives
Chapter 13 The Tension between the Law of Justice and the Law of Love
Chapter 14 The Appeal to Common Tradition: Its Progressive Potential
Part 15 Conclusion: Towards a 'Communitarian' Concept of Law: The Case of the Questionable European Constitution

Product details

Published Apr 18 2006
Format Hardback
Edition 1st
Extent 186
ISBN 9780742522701
Imprint Rowman & Littlefield Publishers
Dimensions 237 x 161 mm
Series Rights & Responsibilities
Publisher Bloomsbury Publishing

About the contributors

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