The Rule of Law in Transition: Revisiting Franz Neumann's Sociology of Legality

Cotterrell, Roger

doi:10.1177/096466399600500401

Cited by 8 publications

(4 citation statements)

References 12 publications

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“…It helps to abandon the ideological nature of legal scholarship. The role of sociological methodology is to understand law better and subsequently to contribute to the improvement of legal reality (Cotterrell 1998). "Realistic" sociology of law is contrasted to "ideological" jurisprudence.…”

Section: Critiques Of Legal Science Their Centres and Hierarchiesmentioning

confidence: 99%

Legalist Fictions and the Problem of Scientific Legitimation

Priban

2003

Ratio Juris

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The author analyzes fictions of legal positivist philosophy and their role in the scientific legitimation of modern law and political domination. The original function of legalist fictions was the establishment of legal science, which would be autonomous and independent of other social sciences and public morality. In the second half of the 20th century, legal positivist philosophy has nevertheless adopted the fiction of the just law as its scientific legitimation fiction and incorporated moral and political discourse into legal science, again.Legal positivism and its critiques within the discourse of the sociology of law and critical legal science keep the image of a hierarchical and centralized legitimation of law. Paradoxically, current legal philosophy and theory searching for a universally valid legitimation scheme is full of many different legitimations and reveals their growing plurality and the impossibility of establishing one sovereign legitimation scheme in the current social, theoretical and political condition.

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Section: Critiques Of Legal Science Their Centres and Hierarchiesmentioning

confidence: 99%

Legalist Fictions and the Problem of Scientific Legitimation

Priban

2003

Ratio Juris

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“…We can liken 'monopoly capitalism' to modern 'corporate society,' where giant business conglomerates and cartels dominate economic life. 93 While many of the social and economic conditions giving rise to Neumann's analysis have changed -the Weimar Republic was in a state of constant crisis -it could be said that the economic field is dominated now more than ever by a small number of economic actors, originating mostly from the triad of North America, Europe, and Japan. 94 Increasing foreign direct investment, spurred on by privatization, vertical and horizontal integration in all aspects of production and distribution ("merger mania"), results in highly concentrated economic power.…”

Section: IIImentioning

confidence: 99%

Investment Rules and the Rule of Law

Schneiderman

2001

Constellations

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“…This is particularly true for those seeking to 'market' alternative approaches to law which are sceptical of any type of normative and evaluative perspective, or for those who accuse the Sheffield School of defusing the radical potential of the Critical Theory tradition that it claims to be extending (Murphy, 1989). Furthermore, the practical institutional implications of the rule of law ideal continue to be controversial both generally and within the critical theory tradition (Cotterrell, 1996;Scheuerman, 1994). This controversy includes the contributions of those strands of legal scholarship that are critical, even dismissive, of the rule of law principle because of its original association with a formalistic and negative conception of constitutional freedoms closely allied with both political and economic forms of liberalism.…”

Section: The Rationale For Immanent Criticism: Between Internal Doctrmentioning

confidence: 99%

Getting Public Law Back into a Critical Condition: The Rule of Law as a Source for Immanent Critique

Pearson¹,

Salter

1999

Social & Legal Studies

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This article explores a series of issues that arise in relation to the methodology of conducting a critique of legal ideologies. It addresses the attempt by the Sheffield School of public law to formulate and apply an 'immanent' model of critique that builds upon the position developed by the Frankfurt School of critical social theory. We address difficulties that arise with the Sheffield School's interpretation of this model of critique, not least the problems with its attempt to apply a clear-cut distinction between wholly internal, immanent and external modes of critique. Our overall aim is to formulate a more adequate model of ideology critique that is able to overcome the various difficulties we have discovered within the Sheffield School's model. We argue that this can be achieved without relapsing back into the no less serious contradictions which can arise with external modes of critique. These merely superimpose ready-made criteria of assessment upon the object of their analysis, without first establishing their appropriateness.

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The Rule of Law in Transition: Revisiting Franz Neumann's Sociology of Legality

Cited by 8 publications

References 12 publications

Legalist Fictions and the Problem of Scientific Legitimation

Legalist Fictions and the Problem of Scientific Legitimation

Investment Rules and the Rule of Law

Getting Public Law Back into a Critical Condition: The Rule of Law as a Source for Immanent Critique

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