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1 - Law: the modality of rule

Published online by Cambridge University Press:  05 August 2012

Christopher L. Tomlins
Affiliation:
University of California, Irvine
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Summary

Men generally set up the most solid embankments against open tyranny, but do not see the imperceptible insect that gnaws at them and opens to the flooding stream a way that is more secure because more hidden.

Cesare Beccaria, Dei Delitti e delle Pene (trans. Henry Paolucci)

In conceptualizing social institutions and the action they envelop, recent trends in contemporary social theory have tended to reinforce the historian's more intuitive proclivity to take nothing for granted. The relationship between human activity and its context, we are warned, is problematic and indeterminate. Society and its cognates – economic processes, cultural traditions, values, and mores – are ultimately contingent upon the epistemological speculations in which all human beings must engage in order to establish sufficient common ground to enable each other's actions to be observed, described, categorized, debated, and, ultimately, understood. Contemporary social theory does not deny that the relationship between human action and social context is amenable to explanation, but it does seek to restore the contingency attendant upon an appreciation of human agency to that task of explanation. Society must be understood as the expression neither of an all-pervading underlying natural order nor of irresistible material forces. Rather, society “is made and imagined … a human artifact.”

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Publisher: Cambridge University Press
Print publication year: 1993

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  • Law: the modality of rule
  • Christopher L. Tomlins, University of California, Irvine
  • Book: Law, Labor, and Ideology in the Early American Republic
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511583643.004
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  • Law: the modality of rule
  • Christopher L. Tomlins, University of California, Irvine
  • Book: Law, Labor, and Ideology in the Early American Republic
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511583643.004
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Law: the modality of rule
  • Christopher L. Tomlins, University of California, Irvine
  • Book: Law, Labor, and Ideology in the Early American Republic
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511583643.004
Available formats
×