Law, Social Order, and the State in Social Theory

Mary E. Vogel

in Coercion to Compromise

Published in print November 2007 | ISBN: 9780195101751
Published online March 2012 | e-ISBN: 9780199851461 | DOI:

Series: Oxford Socio-Legal Studies

Law, Social Order, and the State in Social Theory

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This chapter provides theoretical perspective on court activity in the early American republic, in general, and on plea bargaining, in particular. It describes the strengths and weaknesses of alternative theoretical perspectives on law and suggests that what the law does is establish the scope and limitations of state power, consolidate relations of citizenship, and shape forms of organizing. The chapter also discusses existing theories about law and society, including those of Antonio Gramsci, Michel Foucault, and Jürgen Habermas.

Keywords: court activity; American republic; plea bargaining; state power; citizenship; law and society; Antonio Gramsci; Michel Foucault; Jürgen Habermas

Chapter.  16787 words. 

Subjects: History of Law

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