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Author: Bryant G. Garth
Publisher: Northwestern University Press
ISBN: 9780810114333
Category : Law
Languages : en
Pages : 390
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Book Description
Justice and Power in the Sociolegal Studies asks what interdisciplinary work in the law and society tradition tells us about the relationship of law and justice, as well as the way power operates in and through law. The fundamental concepts of justice and power provide points of departure for leading scholars to explore the various domains of socio-legal research. As they note the explicitness of the engagement with issues of power and the relative silence about -- or indirectness in taking on -- questions of justice found in most law and society research, they ask how engagement with issues of power and silence about justice constituted law and society as a research field caught between a desire to have political impact and, at the same time, to maintain its scientific respectability.
Author: Bryant G. Garth
Publisher: Northwestern University Press
ISBN: 9780810114333
Category : Law
Languages : en
Pages : 390
Get Book Here
Book Description
Justice and Power in the Sociolegal Studies asks what interdisciplinary work in the law and society tradition tells us about the relationship of law and justice, as well as the way power operates in and through law. The fundamental concepts of justice and power provide points of departure for leading scholars to explore the various domains of socio-legal research. As they note the explicitness of the engagement with issues of power and the relative silence about -- or indirectness in taking on -- questions of justice found in most law and society research, they ask how engagement with issues of power and silence about justice constituted law and society as a research field caught between a desire to have political impact and, at the same time, to maintain its scientific respectability.
Author: Bryant G. Garth
Publisher: Northwestern University Press
ISBN: 9780810114357
Category : Law
Languages : en
Pages : 276
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Book Description
The question of how law matters has long been fundamental to the law and society field. Social science scholarship has repeatedly demonstrated that law matters less, or differently, than those who study only legal doctrine would have us believe. Yet research in this field depends on a belief in the relevance of law, no matter how often gaps are identified. The essays in this collection show how law is relevant in both an instrumental and a constitutive sense, as a tool to accomplish particular purposes and as an important force in shaping the everyday worlds in which we live. Essays examine these issues by focusing on legal consciousness, the body, discrimination, and colonialism as well as on more traditional legal concerns such as juries and criminal justice.
Author: Charles J. Ogletree, Jr.
Publisher: NYU Press
ISBN: 0814762255
Category : Law
Languages : en
Pages : 361
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Book Description
Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system. The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is rife with faulty eyewitness identifications, false confessions, biased juries, and racial discrimination. Distinguished legal thinkers Charles J. Ogletree, Jr., and Austin Sarat have assembled a stellar group of contributors who try to make sense of justice gone wrong and to answer urgent questions. Are miscarriages of justice systemic or symptomatic, or are they mostly idiosyncratic? What are the broader implications of justice gone awry for the ways we think about law? Are there ways of reconceptualizing legal missteps that are particularly useful or illuminating? These instructive essays both address the questions and point the way toward further discussion. When Law Fails reveals the dramatic consequences as well as the daily realities of breakdowns in the law’s ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system. Contributors: Douglas A. Berman, Markus D. Dubber, Mary L. Dudziak, Patricia Ewick, Daniel Givelber, Linda Ross Meyer, Charles J. Ogletree, Jr., Austin Sarat, Jonathan Simon, and Robert Weisberg.
Author: Charles E. F. Rickett
Publisher: Cambridge University Press
ISBN: 1139436821
Category : Law
Languages : en
Pages : 444
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Book Description
Consumer protection law in the age of globalisation poses new challenges for policy-makers. This book highlights the difficulties of framing regulatory responses to the problem of consumers' access to justice in the new international economy. The growth of international consumer transactions in the wake of technological change and the globalisation of markets suggests that governments can no longer develop consumer protection law in isolation from the international legal arena. Leading scholars consider the broader theme of access to justice from socio-legal, law and economics perspectives. Topics include standard form contracts, the legal challenges posed by mass infections (such as mad-cow disease and CJD), ombudsman schemes, class actions, alternative dispute resolution, consumer bankruptcy, conflict of laws, and cross-border transactions. This book demonstrates that advancing and achieving access to justice for consumers proves to be a challenging, and sometimes elusive, task.
Author: Austin D. Sarat
Publisher: Duke University Press
ISBN: 0822384752
Category : Law
Languages : en
Pages : 377
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Book Description
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
Author: Elizabeth Dale
Publisher: Ohio State University Press
ISBN: 9780814208670
Category : History
Languages : en
Pages : 174
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Book Description
The Rule of Justice explores a sensational homicide case that took place in Chicago in 1888. Zephyr Davis, a young African American man accused of murdering an Irish American girl who was his coworker, was pursued, captured, tried, and convicted amid public demands for swift justice and the return of social order. Through a close study of the case, Dale explores the tension between popular ideas about justice and the rule of law in industrial America. As Dale observes, mob justice -- despite the presence of a professional police force -- was quite common in late nineteenth-century Chicago, and it was the mob that ultimately captured Davis. Once Davis was apprehended, the public continued to make its will known through newspaper articles and public meetings, called by various civic organizations to discuss or protest the case. Dale demonstrates that public opinion mattered and did, in fact, exert an influence on criminal law and criminal justice. She shows, in this particular instance the public was able to limit the authority of the legal system and the state, with the result that criminal law conformed to popular will. The Rule of Justice is sure to appeal to historians of criminal justice, legal historians, those interested in Chicago history, and those interested in the history of race relations in America.
Author: Dermot Feenan
Publisher: Routledge
ISBN: 1351724207
Category : Social Science
Languages : en
Pages : 395
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Book Description
This title was first published in 2002: This volume explores conceptual debates and provides contemporary research in the field of informal criminal justice, including chapters on paramilitary "punishment" and post-cease-fire restorative justice schemes in Northern Ireland, post-apartheid vigilantism in South Africa, and informal crime management in England.
Author: Theo Gavrielides
Publisher: Routledge
ISBN: 1000449939
Category : Law
Languages : en
Pages : 305
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Book Description
We are living in a world where power abuse has become the new norm, as well as the biggest, silent driver of persistent inequalities, racism and human rights violations. The COVID-19 socio-economic consequences can only be compared with those that followed World War II. As humanity is getting to grips with them, this timely book challenges current thinking, while creating a much needed normative and practical framework for revealing and challenging the power structures that feed our subconscious feelings of despair and defeatism. Structured around the four concepts of power, race, justice and restorative justice, the book uses empirical new data and normative analysis to reconstruct the way we prevent power abuse and harm at the inter-personal, inter-community and international levels. This book offers new lenses, which allow us to view power, race and justice in a modern reality where communities have been silenced, but through restorative justice are gaining voice. The book is enriched with case studies written by survivors, practitioners and those with direct experiences of power abuse and inequality. Through robust research methodologies, Gavrielides’s new monograph reveals new forms of slavery, while creating a new, philosophical framework for restorative punishment through the acknowledgement of pain and the use of catharsis for internal transformation and individual empowerment. This is a powerful and timely book that generates much needed hope. Through a multi-disciplinary dialogue that uses philosophy and critical theory, social sciences, criminology, law, psychology and human rights, the book opens new avenues for practitioners, researchers and policy makers internationally.
Author: Austin Sarat
Publisher: John Wiley & Sons
ISBN: 047069291X
Category : Social Science
Languages : en
Pages : 688
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Book Description
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.
Author: Patricia Ewick
Publisher: Russell Sage Foundation
ISBN: 1610441915
Category : Law
Languages : en
Pages : 400
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Book Description
Social science has been an important influence on legal thought since the legal realists of the1930s began to argue that laws should be socially workable as well as legally valid. With the expansion of legal rights in the 1960s, the law and social science were bound together by an optimistic belief that legal interventions, if fully informed by social science, could become an effective instrument of social improvement. Legal justice, it was hoped, could translate directly into social justice. Though this optimism has receded in both disciplines, social science and the law have remained intimately connected. Social Science, Social Policy, and the Law maps out this new relationship, applying social science to particular legal issues and reflecting upon the role of social science in legal thought. Several case studies illustrate the way that the law is embedded within the tangled interests and incentives that drive the social world. One study examines the entrepreneurialism that has shaped our systems of punishment from the colonial practice of deportation to today's privatized jails. Another case shows how many of those who do not qualify for legal aid cannot afford an effective legal defense with the consequence that economic inequality leads to inequality before the law. Two other studies look at the mixed results of legal regulation: the failure of legal safeguards to stop NASA's fatal 1986 Challenger launch decision, and the complicated effects of regulations to curb conflicts of interest in law firms. These two cases demonstrate that the law's effectiveness can depend, not only on how it is drafted, but also on how well it harmonizes with pre-existing social norms and patterns of self-regulation. The contributors to this volume share the belief that social science can and should influence legal policymaking. Empirical research is necessary to offset anecdotal evidence and untested assertions. But research that is acceptable to the academy may not stand up in court, and, as a result, social science does not always get a sympathetic hearing from legal decision makers. The relationship between social science and the law will always be complex; this volume takes a lead in showing how it can nonetheless be productive.
