Who Needs the Classics? - On the Relevance of Classical Legal Sociology for the Study of Current Social and Legal Problems

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Who Needs the Classics? - On the Relevance of Classical Legal Sociology for the Study of Current Social and Legal Problems. / Banakar, Reza.

Retssociologi. red. / Ole Hammerslev; Mikael Rask Madsen. Hans Reitzels Forlag, 2013.

Forskningsoutput: Kapitel i bok/rapport/Conference proceedingKapitel samlingsverk

Harvard

APA

CBE

Banakar R. 2013. Who Needs the Classics? - On the Relevance of Classical Legal Sociology for the Study of Current Social and Legal Problems. Hammerslev O, Madsen MR, redaktörer. I Retssociologi. Hans Reitzels Forlag.

MLA

Banakar, Reza "Who Needs the Classics? - On the Relevance of Classical Legal Sociology for the Study of Current Social and Legal Problems". och Hammerslev, Ole Madsen, Mikael Rask (redaktörer). Retssociologi. Hans Reitzels Forlag. 2013.

Vancouver

Banakar R. Who Needs the Classics? - On the Relevance of Classical Legal Sociology for the Study of Current Social and Legal Problems. I Hammerslev O, Madsen MR, redaktörer, Retssociologi. Hans Reitzels Forlag. 2013

Author

Banakar, Reza. / Who Needs the Classics? - On the Relevance of Classical Legal Sociology for the Study of Current Social and Legal Problems. Retssociologi. redaktör / Ole Hammerslev ; Mikael Rask Madsen. Hans Reitzels Forlag, 2013.

RIS

TY - CHAP

T1 - Who Needs the Classics? - On the Relevance of Classical Legal Sociology for the Study of Current Social and Legal Problems

AU - Banakar, Reza

PY - 2013

Y1 - 2013

N2 - What do we gain from labeling certain norms of social organization law? This question provides the backdrop against which this chapter will examine the works of Leon Petrażycki and Eugen Ehrlich, two of the founders of legal sociology who devised concepts of law broader than state law. In the course of this examination we shall also assess the relevance of Petrażycki’s 'intuitive law' and Ehrlich’s 'living law' to contemporary legal sociology. The chapter starts by describing the academic and political contexts in which these classical theories were born, before examining their imprint on empirical research. The second half of the chapter brings into focus the potentially romantic element of these ideas, arguing that Petrażycki and Ehrlich’s theories, which were initially intended as alternatives to legal positivism, lend themselves to romantic quests for the spirit of a community lost in the rise of modernity. In the final part of the chapter these theories are used to explore the Chinese business practices known as guanxi, in order to exemplify how “living law” and “intuitive law” may be employed in socio-legal research. It also shows how these classical ideas can be developed through confrontation with the empirical conditions of global law and trade. The paper concludes by arguing that a great deal of contemporary legal sociology (and legal theory, for that matter) remains embedded in the paradigm of early modernity, as articulated by legal theorists at the end of the nineteenth and the beginning of the early twentieth century. A study of classical debates and ideas will allow us to identify how the epistemic assumptions and disciplinary identities of legal sociology and legal theory were shaped and the extent to which they continue to inform socio-legal research today. This will, in turn, help to construct a platform from which to examine the constraints imposed on our theorizing by early modernity, some aspects of which have undergone transformation with the rise of globalization.

AB - What do we gain from labeling certain norms of social organization law? This question provides the backdrop against which this chapter will examine the works of Leon Petrażycki and Eugen Ehrlich, two of the founders of legal sociology who devised concepts of law broader than state law. In the course of this examination we shall also assess the relevance of Petrażycki’s 'intuitive law' and Ehrlich’s 'living law' to contemporary legal sociology. The chapter starts by describing the academic and political contexts in which these classical theories were born, before examining their imprint on empirical research. The second half of the chapter brings into focus the potentially romantic element of these ideas, arguing that Petrażycki and Ehrlich’s theories, which were initially intended as alternatives to legal positivism, lend themselves to romantic quests for the spirit of a community lost in the rise of modernity. In the final part of the chapter these theories are used to explore the Chinese business practices known as guanxi, in order to exemplify how “living law” and “intuitive law” may be employed in socio-legal research. It also shows how these classical ideas can be developed through confrontation with the empirical conditions of global law and trade. The paper concludes by arguing that a great deal of contemporary legal sociology (and legal theory, for that matter) remains embedded in the paradigm of early modernity, as articulated by legal theorists at the end of the nineteenth and the beginning of the early twentieth century. A study of classical debates and ideas will allow us to identify how the epistemic assumptions and disciplinary identities of legal sociology and legal theory were shaped and the extent to which they continue to inform socio-legal research today. This will, in turn, help to construct a platform from which to examine the constraints imposed on our theorizing by early modernity, some aspects of which have undergone transformation with the rise of globalization.

KW - Ehrlich

KW - Petrażycki

KW - Kelsen

KW - living law

KW - intuitive law

KW - legal positivism

KW - legal pluralism

KW - episteme

KW - guanxi

KW - business

KW - network

KW - China

KW - community

KW - modernity

KW - socio-legal

M3 - Book chapter

BT - Retssociologi

A2 - Hammerslev, Ole

A2 - Madsen, Mikael Rask

PB - Hans Reitzels Forlag

ER -