Communitarianism in Law and Society (Rights & Responsibilities)

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. 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.

Publisher: Rowman & Littlefield

Published: United States, 28 March 2006

Format: Paperback / softback, 286 pages

Age Range: 15+

Dimensions: 22.9 x 16 x 2.1 centimeters (0.43 kg)

Writer: Paul Seters, Paul de Beer

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

About the Author

Paul van Seters was professor of legal sociology at Tilburg University, the Netherlands. Currently, he is director of Globus, and professor of globalization and sustainable development in Tias Business School at Tilburg University. He is the coeditor of Globalization and Its New Divides, with Bas de Gaay Fortman and Arie de Ruiter.

Reviews

Just when the communitarian political movement appears to be languishing in the United States, Paul van Seters has opened a lively cross-Atlantic dialogue on communitarian approaches in law and society. With essays by Philip Selznick, Roger Cotterrell, and other distinguished scholars, this collection explores the prospects for a jurisprudence rooted in shared understandings, mutual trust, and solidarity. Using the emergent law of the European Union as a special test case, several authors ask how liberalism can be reconstructed so as to give due recognition to the moral worth and significance of community. -- Kenneth Winston, Harvard University
Many discussions of liberalism and communitarianism assume opposition and force choice. This rich and varied collection transcends those unhelpful caricatures and duels. Here, there is acknowledgment of complexities and continuities. The search is for ways in which each might build upon and extend, and not merely rebut, the other. What emerges, in a range of versions and applications, are examples of 'liberal communitarianism' or 'communitarian liberalism', where both elements are acknowledged and developed, and the whole that emerges is often more interesting and supple than the sum of the parts. -- Martin Krygier, Fellow, Center for Advanced Study in the Behavioral Sciences