Law And The Search For Community Classics Of Law Society

Law has always played a pivotal role in shaping societies, governing people's behavior, and maintaining order. Yet, in our ever-evolving world, the notion of community has also grown and transformed alongside the laws that bind us. This delicate interplay between the law and the search for community is a fascinating subject worth exploring, as it sheds light on how both legal systems and societies have developed over time.

Throughout history, various legal scholars and philosophers have analyzed this intricate relationship, leaving behind classic works that continue to shape our understanding of law and society. These timeless texts not only provide a window into the past, but also offer valuable insights into the challenges we face today.

1. The Social Contract by Jean-Jacques Rousseau

In "The Social Contract," Rousseau delves into the fundamental question of how society can maintain social order while preserving individual freedom. He argues that a legitimate political order can only arise when individuals willingly enter into a social contract with one another, forming a community and intertwining their interests. This concept lays the foundation for a society governed by the rule of law, emphasizing the importance of collective decision-making processes and the general will.

Law and the Search for Community (Classics of Law & Society)

by Joel F. Handler(Kindle Edition)

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2. On Liberty by John Stuart Mill

Written by John Stuart Mill, "On Liberty" explores the relationship between the power of the state and the liberty of individuals. Mill advocates for individual freedom as a crucial aspect of a thriving community. He argues that society should only interfere with an individual's actions if they directly harm others, promoting the idea of limited government intervention while recognizing the need for laws to protect the common good.

3. The Division of Labor in Society by Émile Durkheim

Durkheim's groundbreaking work, "The Division of Labor in Society," explores the relationship between social order, solidarity, and the division of labor. By examining how societies develop economic systems and differentiate tasks among individuals, Durkheim argues that the law plays a vital role in maintaining social cohesion. His work highlights the intricate bond between social structures, legal systems, and the formation of communities.

4. A Theory of Justice by John Rawls

In "A Theory of Justice," Rawls introduces the concept of justice as fairness, proposing principles that aim at ensuring equal opportunities for all members of society. Rawls argues that a just society is only achieved when institutions prioritize the most disadvantaged individuals. His work invites us to reflect on the role of law in promoting fairness, social cooperation, and a stronger sense of community.

5. The Constitution of Liberty by Friedrich Hayek

Hayek's work, "The Constitution of Liberty," explores the role of law in safeguarding individual freedom and fostering prosperity. Hayek argues against excessive government intervention and emphasizes the importance of a market economy as a means of fostering personal liberty and voluntary associations. His ideas shed light on the equilibrium between freedom and order, guiding us towards a deeper understanding of the relationship between law, society, and communal values.

, the search for community and the development of law are intrinsically linked. The classical works mentioned above provide invaluable insights into this relationship and continue to shape the way we perceive and interpret the law in modern society. By studying these classics of law and society, we can strive for a better understanding of the role the law plays in fostering community, promoting fairness, and preserving individual freedoms.

Law and the Search for Community (Classics of Law & Society)

by Joel F. Handler(Kindle Edition)

5 out of 5

Language	:	English
File size	:	522 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	184 pages
Lending	:	Enabled

FREE

Now in its 2010 ebook edition with a new Foreword, the enduring analysis of law and organizations that change the community--the core relationship between citizen and state--takes aim at real problems in the modern system. A recognized socio-legal classic by UCLA law professor Joel Handler, first published by Penn Press in 1990, this book studies the problem of law and community targeted at specific problems that still resonate today: health care, medical consent, water pollution, special education, and care for the growing elderly and poor. He considers not only theories of justice and administrative process, but also their real applications to people caught in the machine of government dependency and mystification.

Part of the Quid Pro series of the essential canon of broader law study, Handler's book now speaks in a high-quality digital format with active index, linked footnotes, and active table of contents.

From the 2010 Foreword by Professor Frank Munger, this book "grapples with one of the twentieth century’s enduring legacies–our continuing reliance upon the welfare state to solve problems of collective existence and increasing recognition of the limits of bureaucratic administration. Nowhere is this more apparent than in programs for the poor, disabled, single parents, young, elderly and others on society’s margins, the policy domain in which Joel Handler has had a major voice for much of his career. Handler is at heart a civil rights advocate, and his long exploration of the welfare state’s promise, and its failures, grows from concerns about those who are critically dependent upon its entitlements. As citizens of the twenty-first century, sadder but wiser after sub-prime mortgage and hedge-fund crises, more of us are becoming members of this group.... His explorations always include, as in this book, both broad intellectual inquiry and creative syntheses leading toward new ideas and opportunities. While examining new political ideologies and welfare state transformations, and revealing that little has changed in the overall outcome of welfare programs, he always provides us with a reason to continue to believe in humanitarian reform, reform which treats dependent persons as autonomous decisionmakers rather than objects of bureaucratic discretion and reform which leads to substantive change in the lives of the marginal and poor rather than merely formal equality."

At UCLA, Handler teaches Law and the Poor and a seminar on comparative welfare. He is a past president of the Law & Society Association and the award-winning author of Down From Bureaucracy: The Ambiguity of Privatization and Empowerment (1996).