Law, Culture and Society

Legal Ideas in the Mirror of Social Theory

Author: Roger Cotterrell

Publisher: Routledge

ISBN: 1351217968

Category: Law

Page: 208

View: 728

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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.

Law, Legal Culture and Society

Mirrored Identities of the Legal Order

Author: Alberto Febbrajo

Publisher: Taylor & Francis

ISBN: 1351040324

Category: Law

Page: 204

View: 2737

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This volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural ways in which legal cultures work in a modern society, through the metaphor of the mirror. As a mirror of society, it distinguishes between the structure and function of legal culture within the legal system, and the external representation of law in society. This duality is further problematized in relation to the increasing transnationalisation of law. Based on a multi-level interpretation of the concept of legal culture, the work is divided into three parts: the first addresses the mutual reflections of social and legal norms that support a pluralist representation of internal legal cultures, the second concentrates on the external legal cultures that constantly enable pragmatic adjustments of the legal order to its social environment, and the third concludes the book with a theoretical discussion of the issues presented.

Law in Culture and Society

Author: Laura Nader

Publisher: Univ of California Press

ISBN: 9780520208339

Category: Law

Page: 454

View: 7980

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"A classic collection in the anthropology of law. While some exceptionally good descriptive work is presented, the volume is particularly valuable in providing a range of thoughtful, engaged, and empirically grounded theoretical explorations of issues in the comparative study of law and conflict."--Donald Brenneis, author of Dangerous Words

Land Expropriation in Israel

Law, Culture and Society

Author: Yifat Holzman-Gazit

Publisher: Routledge

ISBN: 1317108361

Category: Law

Page: 218

View: 1648

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Historically, Israel's Supreme Court has failed to limit the state's powers of expropriation and to protect private property. This book argues that the Court's land expropriation jurisprudence can only be understood against the political, cultural and institutional context in which it was shaped. Security and economic pressures, the precarious status of the Court in the early years, the pervading ethos of collectivism, the cultural symbolism of public land ownership and the perceived strategic and demographic risks posed by the Israeli Arab population - all contributed to the creation of a harsh and arguably undemocratic land expropriation legal philosophy. This philosophy, the book argues, was applied by the Supreme Court to Arabs and Jews alike from the creation of the state in 1948 and until the 1980s. The book concludes with an analysis of the constitutional change of 1992 and its impact on the legal treatment of property rights under Israeli law.

Law, Culture and Society

Max Weber's Comparative Cultural Sociology of Law

Author: Werner Gephart

Publisher: Verlag Vittorio Klostermann

ISBN: 9783465042310

Category:

Page: 160

View: 9142

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The historical-critical edition of Max Weber's writings on sociology of law (MWG I/22-3) revealed deep layers of Max Weber's legal texts that thus became readable for the first time. Weber breaks out from the legal centrism of the normative world and designs an Interpretation that follows the "world history of law" in a cultural-comparative sense, thereby making him appear particularly topical for today's debates on the relationship between globalization and legal analysis. With his text "Die Wirtschaft und die Ordnungen" ("Economics and the Orders"), Weber anticipated the idea of "legal pluralism" that emphasizes the diversity ofnormative orders. Further, the departure from the occidental development path of law towards the "developmental conditions of law" opens up the cognitive horizon for insights into other legal cultures, their interferences and hybridizations for which we still seem to lack the categories today. It is, then, all the more remarkable how Weber designed a great, all-encompassing meta-narrative on legal rationalism in the Occident based on a multitude of highly branched out legal histories - a narrative that can only be told through the perspective of universal history and with the world cultures of law in mind. This interpretation also captures the birth of sociology from the spirit of jurisprudence - so impressively detailed in Weber's work - that accords particular importance to law in the analysis of modernities.

Driving Culture in Iran

Law and Society on the Roads of the Islamic Republic

Author: Reza Banakar

Publisher: I.B.Tauris

ISBN: 0857728733

Category: Social Science

Page: 304

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Reza Banakar is Professor and Director of Research in the Sociology of Law Department at Lund University. He has previously held the positions of Professor of Socio-Legal Studies at the Department of Advanced Legal Studies at the University of Westminster and Research Fellow at the Centre for Socio-Legal Studies at the University of Oxford. He is the author of Normativity in Legal Sociology (2015) and Law and Social Theory (2010, 2013).

The Grand Experiment

Law and Legal Culture in British Settler Societies

Author: Hamar Foster,Benjamin L. Berger,A.R. Buck

Publisher: UBC Press

ISBN: 0774858559

Category: Law

Page: 832

View: 5313

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The essays in this volume reflect the exciting new directions in which legal history in the settler colonies of the British Empire has developed. The contributors show how local life and culture in selected settlements influenced, and was influenced by, the ideology of the rule of law that accompanied the British colonial project. Exploring themes of legal translation, local understandings, judicial biography, and "law at the boundaries," they examine the legal cultures of dominions in Canada, Australia, and New Zealand to provide a contextual and comparative account of the "incomplete implementation of the British constitution" in these colonies.

Genomics and Society

Ethical, Legal, Cultural and Socioeconomic Implications

Author: Dhavendra Kumar,Ruth Chadwick

Publisher: Academic Press

ISBN: 0127999213

Category: Science

Page: 438

View: 6140

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Genomics and Society; Ethical, Legal-Cultural, and Socioeconomic Implications is the first book to address the vast and thorny web of ELSI topics identified as core priorities of the NHGRI in 2011. The work addresses fundamental issues of biosociety and bioeconomy as the revolution in biology moves from research lab to healthcare system. Of particular interest to healthcare practitioners, bioethicists, and health economists, and of tangential interest to the gamut of applied social scientists investigating the societal impact of new medical paradigms, the work describes a myriad of issues around consent, confidentiality, rights, patenting, regulation, and legality in the new era of genomic medicine. Addresses the vast and thorny web of ELSI topics identified as core priorities of the NHGRI in 2011 Presents the core fundamental issues of biosociety and bioeconomy as the revolution in biology moves from research lab to healthcare system Describes a myriad of issues around consent, including confidentiality, rights, patenting, regulation, and more

The Changing Role of Law in Japan

Empirical Studies in Culture, Society and Policy Making

Author: Dimitri Vanoverbeke,Jeroen Maesschalck,David Nelken

Publisher: Edward Elgar Publishing

ISBN: 178347565X

Category: Law

Page: 296

View: 8533

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How has Japan managed to become one of the most important economic actors in the world, without the corresponding legal infrastructure usually associated with complex economic activities? The Changing Role of Law in Japan offers a comparative perspecti

Special Issue: Law Firms, Legal Culture and Legal Practice

Law Firms, Legal Culture, and Legal Practice

Author: Austin Sarat

Publisher: Emerald Group Publishing

ISBN: 0857243586

Category: Law

Page: 248

View: 6548

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Large law firms have become a dominant feature of the legal landscape in the United States and elsewhere. This volume of Studies in Law, Politics, and Society examines the situation of large law firms.

Cultural Analysis, Cultural Studies, and the Law

Moving Beyond Legal Realism

Author: Austin Sarat,Jonathan Simon

Publisher: Duke University Press

ISBN: 0822384752

Category: Law

Page: 376

View: 9712

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Cultural Analysis, Cultural Studies, and the Law is a field-defining collection of work at the intersection of law, cultural analysis and cultural studies. Over the past few decades the marked turn toward claims and policy arguments based on cultural identity—such as ethnicity, race, or religion—has pointed up the urgent need for legal studies to engage cultural critiques. Exploration of legal issues through cultural analyses provides a rich supplement to other approaches—including legal realism, law and economics, and law and society. As Austin Sarat and Jonathan Simon demonstrate, scholars of the law have begun to mine the humanities for new theoretical tools and kinds of knowledge. Crucial to this effort is cultural studies, with its central focus on the relationship between knowledge and power. Drawing on legal scholarship, literary criticism, psychoanalytic theory, and anthropology, the essays collected here exemplify the contributions cultural analysis and cultural studies make to interdisciplinary legal study. Some of these broad-ranging pieces describe particular approaches to the cultural study of the law, while others look at specific moments where the law and culture intersect. Contributors confront the deep connections between law, social science, and post-World War II American liberalism; examine the traffic between legal and late-nineteenth- and early-twentieth-century scientific discourses; and investigate, through a focus on recovered memory, the ways psychotherapy is absorbed into the law. The essayists also explore specific moments where the law is forced to comprehend the world beyond its boundaries, illuminating its dependence on a series of unacknowledged aesthetic, psychological, and cultural assumptions—as in Aldolph Eichmann’s 1957 trial, hiv-related cases, and the U.S. Supreme Court’s recent efforts to define the role of race in the construction of constitutionally adequate voting districts. Contributors. Paul Berman, Peter Brooks, Wai Chee Dimock, Anthony Farley, Shoshanna Felman, Carol Greenhouse, Paul Kahn, Naomi Mezey, Tobey Miller, Austin Sarat, Jonathan Simon, Alison Young

Law in Society: Reflections on Children, Family, Culture and Philosophy

Essays in Honour of Michael Freeman

Author: Alison Diduck,Noam Peleg,Helen Reece

Publisher: BRILL

ISBN: 9004261494

Category: Political Science

Page: 686

View: 1370

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This collection, written by legal scholars from around the world, offers insights into a variety of topics from children’s rights to criminal law, jurisprudence, medical ethics and more. Its breadth reflects the fact that these are all elements of what can broadly be called ‘law and society’, that enterprise that is interested in law’s place or influence in diffferent aspects of real lives and understands law to be simultaneously symbol, philosophy and action. It also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived. The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children’s rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity.

The Blackwell Companion to Law and Society

Author: Austin Sarat

Publisher: John Wiley & Sons

ISBN: 047069291X

Category: Social Science

Page: 688

View: 2681

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The Blackwell Companion to Law and Society is an authoritative study of the relationship between law and social interaction. Thirty-two original essays by an international group of expert scholars examine a wide range of critical questions. Authors represent various theoretical, methodological, and political commitments, creating the first truly global overview of the field. Examines the relationship between law and social interactions in thirty-three original essay by international experts in the field. Reflects the world-wide significance of North American law and society scholarship. Addresses classical areas and new themes in law and society research, including: the gap between law on the books and law in action; the complexity of institutional processes; the significance of new media; and the intersections of law and identity. Engages the exciting work now being done in England, Europe, Australia, and New Zealand, South Africa, Israel, as well as "Third World" scholarship.

People and Place

Historical Influences on Legal Culture

Author: Jonathan Swainger,Constance Backhouse

Publisher: UBC Press

ISBN: 0774840331

Category: Law

Page: 256

View: 7615

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The collection represents a rich array of interdisciplinary expertise, with authors who are law professors, historians, sociologists and criminologists. Their essays include studies into the lives of judges and lawyers, rape victims, prostitutes, religious sect leaders, and common criminals. The geographic scope touches Canada, the United States and Australia. The essays explore how one individual, or small self-identified groups, were able to make a difference in how law was understood, applied, and interpreted. They also probe the degree to which locale and location influenced legal culture history.

Legal Culture in the Age of Globalization: Latin America and Latin Europe

Author: Lawrence Friedman,Rogelio Perez-Perdomo

Publisher: Stanford University Press

ISBN: 0804766959

Category: Law

Page: 552

View: 3389

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This volume of essays examines how the legal systems of the chief countries of Latin America and Mediterranean Europe—Argentina, Brazil, Chile, Colombia, Mexico, Puerto Rico, Venezuela, France, Italy, and Spain—changed in the last quarter of the 20th century. Through essays that provide a wealth of data on the courts and the legal profession in these countries, the book attempts to relate changes in the operation of the legal systems to changes in the political and social history of the societies in which they are embedded. The details vary, in accordance with the particular history and structure of the countries, but there are also key commonalities that run through all of the stories: democratization, globalization, and changes in the legal order that seem to be worldwide; more power to courts; a growing legal profession; and the entry of women into what was once a masculine club.

Law, Culture, and Ritual

Disputing Systems in Cross-Cultural Context

Author: Oscar G Chase,Jerome S. Bruner

Publisher: NYU Press

ISBN: 0814716792

Category: Law

Page: 224

View: 7938

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"Oscar G. Chase studies the American legal system in the manner of an anthropologist. By comparing American 'dispute ways' with those of other systems, including some commonly believed to be more 'primitive, ' he finds interesting similarities that challenge the premise that we live in a society regulated by a rational and just 'rule of law.'" --New York Law Journal"A witty and engaging endeavor. . . . A good contribution to our professional knowledge, and it is a must reading." --Law and Politics Book Review"After reading Law, Culture, and Ritual, no one could ever again think that our legal proceedings are nothing more than an efficient method of discovering truth and applying law. Oscar Chase effectively uses a comparative approach to help us to step back from our legal practices and see just how steeped in myths, rituals and traditions they are. Scholars will want to read this book for its contribution to comparative law, but everyone interested in American culture should read this book. Chase shows us that there is no separating law from culture: each informs and maintains the other. Law, Culture, and Ritual is a major step forward in the rapidly expanding field of the cultural study of law." --Paul Kahn, author of The Cultural Study of Law: Reconstructing Legal Scholarship"Having allowed ourselves to be convinced (wrongly) that we are the most litigious people in the world, Americans have become obsessed with finding (quick) cures. Oscar Chase's book sounds a salutary warning. By presenting striking comparative examples that shatter our parochialism, he forces us to examine the cultural roots of dispute processes." --Richard Abel, Connell Professor of Law, UCLA LawSchoolDisputing systems are products of the societies in which they operate - they originate and mutate in respons

Adapting Legal Cultures

Author: David Nelken,Johannes Feest

Publisher: Hart Publishing

ISBN: 1841132918

Category: Law

Page: 282

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Looking at the theory and practice of legal borrowing and adaptation in different areas of the world, this volume discusses legal transplants, the role of the state in producing socio-legal change and the effects of globalization.

Law, Legal Culture and Politics in the Twenty First Century

Author: Guenther Doeker-Mach,Klaus A. Ziegert

Publisher: Franz Steiner Verlag

ISBN: 9783515083171

Category: Philosophy

Page: 527

View: 3004

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This is a collection of essays on general and specific topics of comparative private and comparative public law by distinguished legal scholars from every part of the world in honour to the work of Alice Ehr-Soon Tay. The essays demonstrate the changing approach to common law in legal culture and present a body of texts on comparative law problems arching from Asia to Europe to Australia. The volume furthermore indicates that there is no area where comparative law has proved more dominant and useful than in regard to human rights and comparative constitutional analysis. Finally, this book is an outstanding cross-cultural contribution to comparative private law and comparative constitutional law in terms of understanding legal culture and law. It will be invaluable to all those who practise, teach or judge law. Articles by Kim Santow, Saul Fridman, W. M. C. Gummow, J. A. Jolowicz, Hiroshi Matsuo, Ivan Shearer, Christopher Birch, Tom Campbell, Roland Drago, Jennifer Hill, Michael Kirby, Karin Lemercier, Aleksander Peczenik, Robert S. Summers, Albert H.Y. Chen, Jianfu Chen, Edward McWhinney, Eric Smithburn, Klaus A. Ziegert, Margaret Allars, Han Depei, Guenther Doeker-Mach, Hoang Van Hao, Tommy Koh, Adam Lopatka, Gabriel A. Moens, Cao Duc Thai, Wang Gungwu, Peter Wesley-Smith, Murray Gleeson, Julia Horne List of Publications of Alice Erh-Soon-Tay .