Emile Durkheim

Emile Durkheim : Law in a Moral Domain

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Emile Durkheim: Law in a Moral Domain is the first full-length account in English of Durkheim's ideas on law. Radically challenging standard accounts of these ideas, it draws on a wide range of writings by Durkheim and his co-workers to present his legal thought systematically as a unified, highly original and hitherto unjustly neglected contribution to the understanding of law. Durkheim confronts issues about the moral foundations of contemporary Western law. He explains in relation to such fields as criminal, contract, property, inheritance, industrial, and family law, the values that must underpin this law, justifying these sociologically in terms of law's modern tasks and its historical development. Emile Durkheim: Law in a Moral Domain also surveys the work of jurists who were closely involved in Durkheim's sociological project, but are little known in the common world. It shows Durkheimian legal theory as a rich, multi-faceted enterprise which, until now, has lacked proper recognition. Addressing many standard criticisms of Durkheim's sociology, Professor Cotterrell shows that some of these need substantial reconsideration in the light of Durkheim's work on law.* Accessible account of the whole of Durkheim's writing about law in society * Shows the centrality of Durkeim's legal theory to his social theory as a whole * Reveals Durkheim as a highly original and instructive theorist of law * Does not presuppose prior familiarity with Durkheim's sociology or with legal theoryshow more

Product details

  • Paperback | 256 pages
  • 156 x 234 x 23mm | 507g
  • EDINBURGH UNIVERSITY PRESS
  • Edinburgh, United Kingdom
  • 0748613390
  • 9780748613397

Review quote

A major contribution to durkheimian scholarship and a significant addition to the sociology of law ... A lucid, detailed and comprehensive statement of Durkheim's legal theory, the first of its kind in English ... A fine work of scholarship ... The definitive account of Durkheim on law. In this impressive book, the author has managed to set forth Durkheim's ideas, culled from various sources, in a coherent and clear way, while also commenting on the debates they have spawned, and engaging in an evaluation and critique of these ideas ... Cotterrell's exposition is sophisticated and detailed ... it is one of the great qualities of this highly useful book that the reader may find problems in Durkheim's thought, and disagree with some of the author's conclusions, and yet still find himself stiumlated and enriched by reading it. For those of us who value Durkheim, this is a very important work. It will be noticed by all sociological theorists, and should stimulate constructive controversy. I hope it will contribute to a revival of interest in Durkheimian theory and research based on his approach. -- Richard Schwartz Professor Cotterrell has performed a valuable service to the field of socio-legal studies by representing Durkheim afresh, by synthesizing again the implications of Durkheim's central claims for our understanding of the authority, status, and development of law, and his book deserves a wide readership." A major contribution to durkheimian scholarship and a significant addition to the sociology of law ... A lucid, detailed and comprehensive statement of Durkheim's legal theory, the first of its kind in English ... A fine work of scholarship ... The definitive account of Durkheim on law. In this impressive book, the author has managed to set forth Durkheim's ideas, culled from various sources, in a coherent and clear way, while also commenting on the debates they have spawned, and engaging in an evaluation and critique of these ideas ... Cotterrell's exposition is sophisticated and detailed ... it is one of the great qualities of this highly useful book that the reader may find problems in Durkheim's thought, and disagree with some of the author's conclusions, and yet still find himself stiumlated and enriched by reading it. For those of us who value Durkheim, this is a very important work. It will be noticed by all sociological theorists, and should stimulate constructive controversy. I hope it will contribute to a revival of interest in Durkheimian theory and research based on his approach. Professor Cotterrell has performed a valuable service to the field of socio-legal studies by representing Durkheim afresh, by synthesizing again the implications of Durkheim's central claims for our understanding of the authority, status, and development of law, and his book deserves a wide readership."show more