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Author: Roger Cotterrell
Publisher: Routledge
ISBN: 1351217968
Category : Law
Languages : en
Pages : 317
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Book Description
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.
Author: Roger Cotterrell
Publisher: Routledge
ISBN: 1351217968
Category : Law
Languages : en
Pages : 317
Get Book Here
Book Description
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.
Author: René Provost
Publisher: Cambridge University Press
ISBN: 1316737977
Category : Law
Languages : en
Pages : 457
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Book Description
What does it mean for courts and other legal institutions to be culturally sensitive? What are the institutional implications and consequences of such an aspiration? To what extent is legal discourse capable of accommodating multiple cultural narratives without losing its claim to normative specificity? And how are we to understand meetings of law and culture in the context of formal and informal legal processes, when demands are made to accommodate cultural difference? The encounter of law and culture is a polycentric relation, but these questions draw our attention to law and legal institutions as one site of encounter warranting further investigation, to map out the place of culture in the domains of law by relying on the insights of law, anthropology, politics, and philosophy. Culture in the Domains of Law seeks to examine and answer these questions, resulting in a richer outlook on both law and culture.
Author: Julie Fraser
Publisher: Edward Elgar Publishing
ISBN: 1839107308
Category : Law
Languages : en
Pages : 455
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Book Description
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
Author: Oscar G Chase
Publisher: NYU Press
ISBN: 0814716792
Category : Law
Languages : en
Pages : 223
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Book Description
"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
Author: Robert Leckey
Publisher: Routledge
ISBN: 1135147884
Category : Law
Languages : en
Pages : 304
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Book Description
Queer Theory: Law, Culture, Empire uses queer theory to examine the complex interactions of law, culture, and empire. Building on recent work on empire, and taking contextual, socio-legal, comparative, and interdisciplinary approaches, it studies how activists and scholars engaged in queer theory projects can unwittingly advance imperial projects and how queer theory can itself show imperial ambitions. The authors – from five continents – delve into examples drawn from Bollywood cinema to California’s 2008 marriage referendum. The chapters view a wide range of texts – from cultural productions to laws and judgments – as regulatory forces requiring scrutiny from outside Western, heterosexual privilege. This innovative collection goes beyond earlier queer legal work, engaging with recent developments, featuring case studies from India, South Africa, the US, Australasia, Eastern Europe, and embracing the frames offered by different disciplinary lenses. Queer Theory: Law, Culture, Empire will be of particular interest to students and researchers in the fields of socio-legal studies, comparative law, law and gender/sexuality, and law and culture.
Author: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 0857243586
Category : Law
Languages : en
Pages : 249
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Book Description
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.
Author: James L. Conyers, Jr.
Publisher: Transaction Publishers
ISBN: 1412809355
Category : Social Science
Languages : en
Pages : 135
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Book Description
Ever since the first contacts between Europe and Africa, African people have been confined to the fringes of Eurocentric experience in the Western mind. Much of what we have studied in African history and culture, or literature and linguistics, or politics and economics, has been orchestrated from the standpoint of Europe's interests. Whether it is a matter of economics, history, politics, geographical concepts, or art, Africans have been seen as peripheral. This volume reviews the past in order to evaluate the present and move ahead with appropriate policies for the future. The authors focus on issues of affirmative action, legal culture, theories of black culture, and methodologies of scholarly work in Africana studies. Contents include: Cecil Blake, "The Culture Nexus Construct in Africana Studies," Ronald Turner, "On Palatable, Palliative, and Paralytic Affirmative Action, Grutter-Style," Winston A. Van Horne, "Three Concepts of Legitimacy," Robert E. Weems, Jr., "Africana Studies and the Quest for Black Economic Empowerment: What Can be Done," Ula Y. Taylor, "Elijah Muhammad's Nation of Islam: Separatism, Regendering, and a Secular Approach to Black Power after Malcolm X," Lewis R. Gordon, "Must Revolutionaries Sing the Blues? Thinking through Fanon and the Leitmotif of the Black Arts Movement," Delores P. Aldridge, "Race, Gender, and Africana Theorizing," and James L. Conyers, "Biography and Africology: Method and Interpretation." The volume concludes with reviews of significant recent scholarship on black history and culture. Law, Culture, and Africana Studies will have particular interest for scholars in the fields of American and European studies, cultural studies, history, sociology, and specialists in African-American studies.
Author: Nicolas Lemay-Hebert
Publisher: Routledge
ISBN: 1317202899
Category : Law
Languages : en
Pages : 495
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Book Description
This book explores recent developments in the concept of hybridity through a multi-disciplinary perspective, bringing ideas about legal plurality together with the fields of peace, development and cultural studies. Analysing the concepts of hybridity and hybridization, their history, their application in law and legal studies, and their implications for thinking and rethinking legal plurality, the book shows how the concept of hybridity can contribute to an understanding of the processes that occur when different normative or legal orders or frameworks confront each other.
Author: Cosmin Cercel
Publisher: Taylor & Francis
ISBN: 1003812953
Category : Law
Languages : en
Pages : 375
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Book Description
Mirosław Michał Sadowski is Lecturer at the University of Strathclyde in Glasgow, Scotland; Affiliated Researcher at the Centre for Global Studies, Alberta University in Lisbon, Portugal; Postdoctoral Researcher at CEBRAP – Brazilian Center of Analysis and Planning in São Paulo, Brazil; Research Assistant at the Institute of Legal Sciences, Polish Academy of Sciences in Warsaw, Poland.
Author: Mateusz Stępień
Publisher: Springer Nature
ISBN: 303081193X
Category : Law
Languages : en
Pages : 208
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Book Description
Divided into three parts, this book examines the relationship between law and culture from various perspectives, both theoretical and empirical. Part I outlines the framework for further considerations and includes new, innovative conceptualizations of two ideas that are essential to the topic of law and culture: legal culture and customary law. Both of these reappear later in the more empirically oriented chapters of Parts II and III. Part II includes chapters on the relationships between law, customs, and culture, drawing heavily on the tradition and achievements of the anthropology of law and touching on important problems of multiculturalism, legal pluralism, and cultural defense. It focuses on the more intangible meaning of culture, while Part III addresses its more material, tangible aspects and the issue of cultural production, as well as its intersection with law.
