Summary
Contents
Subject index
Foundations of the Sociology of Law provides a conceptual framework for thinking about the full range of topics within the sociology of law discipline. The book: contrasts normative and sociological perspectives on law; presents a primer on the logic of research and inference as applied to law related issues; examines theories of legal change; and discusses law in action with specific reference to civil rights legislation.
Evolutionary Theories of Legal Change: Maine and Durkheim
Evolutionary Theories of Legal Change: Maine and Durkheim
This chapter is the first of three in which we discuss various ways of thinking about legal development. We begin with what is perhaps the simplest and most compelling approach—one based on evolutionary theories of social change. Evolutionary theories became widely influential among intellectuals and policymakers in Britain and the United States after the publication of Darwin's Origin of Species in 1850. Darwin's work appeared at an opportune moment, when rapid social transformations led to a felt need for new ways to understand the shape and direction of human affairs. Rapid industrialization in the latter half of the nineteenth century eroded traditional rural ways of life and created new and ...
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