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What once was old is new again: reviving an early-modern form of interdisciplinarity for socio-legal studies

Wickham, Gary & Kendall, Gavin (2008) What once was old is new again: reviving an early-modern form of interdisciplinarity for socio-legal studies. Flinders Journal of Law Reform, 10(3), pp. 485-501.

Abstract

Socio-legal studies are an essentially interdisciplinary enterprise. However, there is currently only one form of interdisciplinarity that most socio-legal scholars (and criminologists) recognise and work with. This form is derived from the idea that 'society itself' - and by this most scholars mean 'civil society' - drives the law. However, another, rival understanding of society, which we term the authoritarian-liberal statist understanding that slipped from view in the late seventeenth century and remained obscure from then until now, may be used to generate another form of interdisciplinarity for sOcio-legal studies (and for criminology). However, this rival understanding of society does not simply allow us to reconfigure our notion of 'society'; it radically changes the role society plays in relation to the law. Two crucial points emerge from this rival account: first, society can no longer be understood as separable from (even though interacting with) the law; and second, society can no longer be understood as driving the law.

Impact and interest:

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ID Code: 42729
Item Type: Journal Article
Keywords: law, interdisciplinarity, civil society
ISSN: 1325-3387
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law and Society (180119)
Divisions: Current > QUT Faculties and Divisions > Faculty of Education
Deposited On: 13 Jul 2011 23:06
Last Modified: 03 Dec 2012 12:08

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