Law, Culture and Society

Legal Ideas in the Mirror of Social Theory

Author: Roger Cotterrell

Publisher: Routledge

ISBN: 1351217968

Category: Law

Page: 208

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This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources. The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.

Inside Immigration Law

Migration Management and Policy Application in Germany

Author: Tobias G. Eule

Publisher: Routledge

ISBN: 131711616X

Category: Law

Page: 172

View: 7808

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Inside Immigration Law analyses the practice of implementing immigration law, examining the different political and organisational forces that influence the process. Based on unparalleled academic access to the German migration management system, this book provides new insights into the ’black box’ of regulating immigration, revealing how the application of immigration law to individual cases can be chaotic, improvised and sometimes arbitrary, and either informed or distorted by the complex, politically laden and changeable nature of both German and EU immigration laws. Drawing on extensive empirical material, including participant observation, interviews and analyses of public as well as confidential documents in German immigration offices, Inside Immigration Law unveils the complex practices of decision-making and work organisation in a politically contested environment. A comparative, critical evaluation of the work of offices that examines the discretion and client interactions of bureaucrats, the management of legal knowledge and symbolism and the relationships between immigration offices and external political forces, this book will be of interest to sociologists, legal scholars and political scientists working in the areas of migration, integration and the study of work and organisations.

Mirrors of Justice

Law and Power in the Post-Cold War Era

Author: Kamari Maxine Clarke,Mark Goodale

Publisher: Cambridge University Press

ISBN: 0521195373

Category: Law

Page: 344

View: 4672

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Mirrors of Justice is a groundbreaking study of the meanings of and possibilities for justice in the contemporary world. The book brings together a group of both prominent and emerging scholars to reconsider the relationships between justice, international law, culture, power, and history through case studies of a wide range of justice processes. The book's eighteen authors examine the ambiguities of justice in Europe, Africa, Latin America, Asia, the Middle East, and Melanesia through critical empirical and historical chapters. The introduction makes an important contribution to our understanding of the multiplicity of justice in the twenty-first century by providing an interdisciplinary theoretical framework that synthesizes the book's chapters with leading-edge literature on human rights, legal pluralism, and international law.

Law and Social Theory

Author: Reza Banakar,Max Travers

Publisher: A&C Black

ISBN: 1782252045

Category: Law

Page: 378

View: 6524

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There is a growing interest within law schools in the intersections between law and different areas of social theory. The second edition of this popular text introduces a wide range of traditions in sociology and the humanities that offer provocative, contextual views on law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, systems theory, critical approaches, law in action, postmodernism, and law in global society. Each chapter is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. New chapters include authoritative reviews of actor network theory, new legal realism, critical race theory, post-colonial theories of law, and the sociology of the legal profession. Over half the chapters are new, and the rest are revised in order to include discussion of recent literature.

A General Jurisprudence of Law and Society

Author: Brian Z. Tamanaha

Publisher: Oxford University Press on Demand

ISBN: 9780199244669

Category: Law

Page: 263

View: 9330

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A theoretical and sociological exploration of the relationship between law and society, this book constructs an approach to law that integrates legal theory with sociological approaches to law. Law is generally understood to be a mirror of society--a reflection of its customs and morals--that functions to maintain social order. Focusing on this common understanding, the book conducts a survey of Western legal and social theories about law and its relationship within society, engaging in a theoretical and empirical critique of this common understanding.

Law's Community

Legal Theory in Sociological Perspective

Author: Roger Cotterrell

Publisher: Oxford University Press

ISBN: 9780198264903

Category: Law

Page: 381

View: 7293

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Law's Community offers a distinctive analysis of law, identifying political and moral problems that are fundamental to contemporary legal theory. It portrays contemporary law as institutionalized doctrine, emphasizing ways in which legal modes of thought influence wider currents of understanding and belief in contemporary Western societies. Exploring relationships between law and sociology as contrasting and competing fields of knowledge, Law's Community develops ideas from social theoryto identify key problems for legal development; in particular, those of restoring moral authority to law and of elaborating a concept of community that can guide legal regulation. The analysis leads to radical conclusions: among them, that law's functions need reconsideration at the most general level, that a unitary state legal system as portrayed in traditional kinds of legal theory may no longer be adequate in complex contemporary societies, and that law should be reconceptualized as a diverse but co-ordinated plurality of systems, sites, and forms of regulation.

Comparative Law in a Global Context

The Legal Systems of Asia and Africa

Author: Werner F. Menski

Publisher: Cambridge University Press

ISBN: 1139452711

Category: Law

Page: N.A

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Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.

Law and Society

Author: Steven Vago

Publisher: Pearson College Division

ISBN: N.A

Category: Social Science

Page: 494

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Law and Society 9th edition provides an informative, balanced and comprehensive analysis of the interplay between law and society. This text presents an overview of the most advanced interdisciplinary and international research, theoretical advances, ongoing debates and controversies. It raises new levels of awareness on the structure and functions of law and legal systems and the principal players in the legal arena and their impact on our lives.

The Crossroads of Justice

Law and Culture in Late Medieval France

Author: Esther Cohen

Publisher: BRILL

ISBN: 9789004095694

Category: History

Page: 231

View: 9041

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An analysis of the cultural and social functions of law, legal processes and legal rituals in late medieval northern France. It interprets the various influences upon the shaping of law as a cultural manifestation and its application as an actual system of justice.

Law and Justice as Seen on TV

Author: Elayne Rapping

Publisher: NYU Press

ISBN: 9780814775608

Category: Law

Page: 309

View: 1538

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Historians consider the previous century to have been one of the most violent periods in human history. As we move into an era where violence is sanitized and normalized in the media, and depicted as glamorous and fun, how will we relate to the violence in our midst? Why do people and their governments choose to engage in violent activity? How to peaceful people who live under violent conditions such as warfare or domestic abuse make sense of it? Catherine Besteman tackles these questions in this multi-disciplinary anthology that explores the topic of violence from a wide variety of perspectives. The first section focuses on state violence and deals with nationalism, warmaking and the Nazi genocide. The second section treats the question of anti-state violence with essays on the IRA, Sihk rebels and the paramilitary conflict in the Balkans. The third section examines criminal violence such as armed robbery, murder and sexual assualt while the final section explores how ordinary citizens respond when their societies are suffused with violence. Combining classic essays by Max Weber and Hannah Arendt, with contemporary treatments by leading scholars such as Michael Taussig and Julie Peteet, this anthology is designed for course use and is accessible to undergraduate and graduate students. Contributors: Max Weber, Charles Tilly, Hannah Arendt, Zygmunt Bauman, Martha Crenshaw, Deborah Poole, Cynthia Mahmood, Begonia Aretxaga, Rhonda Copelon, Jack Katz, Deborah Cameron, Elizabeth Fraser, Michael Taussig, Julie Peteet, Nancy Scheper-Hughes, and Carolyn Nordstrom.

Fixing Broken Windows

Restoring Order And Reducing Crime In Our Communities

Author: George L. Kelling,Catherine M. Coles

Publisher: Simon and Schuster

ISBN: 0684837382

Category: Political Science

Page: 319

View: 3458

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Cites successful examples of community-based policing

Spheres Of Justice

A Defense Of Pluralism And Equality

Author: Michael Walzer

Publisher: Basic Books

ISBN: 9780786724390

Category: Political Science

Page: 364

View: 3277

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The distinguished political philosopher and author of the widely acclaimed Just and Unjust Wars analyzes how society distributes not just wealth and power but other social “goods” like honor, education, work, free time—even love.

Encyclopedia of Law and Society

American and Global Perspectives

Author: David S. Clark

Publisher: SAGE Publications, Incorporated

ISBN: 9780761923879

Category: Social Science

Page: 1808

View: 9869

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The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. With an Advisory Board of 62 members from 20 countries and six continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia's coverage, American and international law and society will be better understood within its historical and comparative context.

The Myth of the Cultural Jew

Culture and Law in Jewish Tradition

Author: Roberta Rosenthal Kwall

Publisher: Oxford University Press, USA

ISBN: 0195373707

Category: Law

Page: 315

View: 6059

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A myth exists that Jews can embrace the cultural components of Judaism without appreciating the legal aspects of the Jewish tradition. This myth suggests that law and culture are independent of one another. In reality, however, much of Jewish culture has a basis in Jewish law. Similarly, Jewish law produces Jewish culture. Roberta Rosenthal Kwall develops and applies a cultural analysis paradigm to the Jewish tradition that departs from the understanding of Jewish law solely as the embodiment of Divine command.

Gender in the Mirror

Cultural Imagery & Women's Agency

Author: Diana Tietjens Meyers

Publisher: Oxford University Press

ISBN: 9780198032205

Category: Philosophy

Page: 248

View: 6696

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Harmful, culturally prevalent imagery of feminine sexuality, beauty, and motherhood constrains women's self-determination. Gender in the Mirror proposes alternative imagery of feminine sexuality, beauty, and motherhood and advances an account of feminist discursive politics that takes on the challenge of neutralizing patriarchal imagery.

The Interpretation of Cultures

Author: Clifford Geertz

Publisher: Basic Books

ISBN: 0465093566

Category: Social Science

Page: 576

View: 8465

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In The Interpretation of Cultures, the most original anthropologist of his generation moved far beyond the traditional confines of his discipline to develop an important new concept of culture. This groundbreaking book, winner of the 1974 Sorokin Award of the American Sociological Association, helped define for an entire generation of anthropologists what their field is ultimately about.

Human Rights and the Limits of Critical Reason

Author: Rolando Gaete

Publisher: Dartmouth Publishing Company

ISBN: N.A

Category: Philosophy

Page: 208

View: 2994

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"The rationalization of power has been an enduring feature of Modernity, assigning to human rights the task of subjecting the excesses of power to the scrutiny of critical reason." "Gaete examines this task in the wake of the crisis of modernity, when the belief that man can draw principles out of his own ground has lost its authority and when the very possibility of an enlightened, disinterested Reason is being questioned. The aim of the book is not to offer another critique of rights but to investigate how both rights and critiques are transformed by the rhetoric of power." "The author traces the discourse of judicial criticism as a series of rhetorical operations, bringing to light the paradoxes, antinomies and 'truth games' that permeate the field of human rights. He interrogates the discourse of modern humanism and investigates how its claims to being the law of the law and the metaphysics of the modern State shape the bond between State and citizen." "Gaete carries his argument across the fields of post-Nietzschean philosophy, anglo-american jurisprudence, political science, cultural and legal studies opening new ground for analyses of the rhetoric of rights."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved