The Oldest Social Science? Configurations of Law and Modernity

By W. T. Murphy | Go to book overview
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Contents
Dedication
Preface
1. Introduction: The Measure of the Law1
2. Law and Society: The Penetrative Scheme and the juridical Soul8
Christian Interiors: Inside the Subject13
The Truthful Self: Devotion and Obedience18
Gift and Redemption: justice. Mercy and Charity23
Truth and Power29
3. Rationalities and Technologies: Max Weber and his Legacy37
The Rational Character of Modern Law41
Technologies: Weber, Law and Training51
The Question of Bureaucracy57
Government, Adjudication, and the Modernization of Law59
Speaking: Le Mot Juste62
Ars Disputandi65
Organizing Courts68
Writing and Print72
Computers, Information, and Law74
4. The Legal Science of Society and Adjudicative Government77
Law and Government in the Traditional Scheme77
The Common Law: Experience and Tradition81
Tradition, Textuality, and History93
Thematic Underpinnings of Law as Social Science: Credit, Oath, and Settlement101
5. Adjudicative Government and Social Science109
The Immediacy of the Common Law Vision114
Modernity and Method118
Political Economy and the Imagining of Society126
Statistics, Sociology, and the Positivization of Society133
Anthropology and the Invention of Culture139
Rules and Regularities: The Persistence of Legalism148

-xi-

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