Author: Melissa Ann Macauley
Publisher:
ISBN: 0804731357
Category : History
Languages : en
Pages : 416
Book Description
Asserting that litigation in late imperial China was a form of documentary warfare, this book offers a social analysis of the men who composed legal documents. Litigation masters emerge as central players in many of the most scandalous cases in 18th- and 19th-century China.
Social Power and Legal Culture
Author: Melissa Ann Macauley
Publisher:
ISBN: 0804731357
Category : History
Languages : en
Pages : 416
Book Description
Asserting that litigation in late imperial China was a form of documentary warfare, this book offers a social analysis of the men who composed legal documents. Litigation masters emerge as central players in many of the most scandalous cases in 18th- and 19th-century China.
Publisher:
ISBN: 0804731357
Category : History
Languages : en
Pages : 416
Book Description
Asserting that litigation in late imperial China was a form of documentary warfare, this book offers a social analysis of the men who composed legal documents. Litigation masters emerge as central players in many of the most scandalous cases in 18th- and 19th-century China.
Power, Legal Education, and Law School Cultures
Author: Meera Deo
Publisher: Routledge
ISBN: 0429533918
Category : Law
Languages : en
Pages : 225
Book Description
There is a myth that lingers around legal education in many democracies. That myth would have us believe that law students are admitted and then succeed based on raw merit, and that law schools are neutral settings in which professors (also selected and promoted based on merit) use their expertise to train those students to become lawyers. Based on original, empirical research, this book investigates this myth from myriad perspectives, diverse settings, and in different nations, revealing that hierarchies of power and cultural norms shape and maintain inequities in legal education. Embedded within law school cultures are assumptions that also stymie efforts at reform. The book examines hidden pedagogical messages, showing how presumptions about theory’s relation to practice are refracted through the obfuscating lens of curricula. The contributors also tackle questions of class and market as they affect law training. Finally, this collection examines how structural barriers replicate injustice even within institutions representing themselves as democratic and open, revealing common dynamics across cultural and institutional forms. The chapters speak to similar issues and to one another about the influence of context, images of law and lawyers, the political economy of legal education, and the agency of students and faculty.
Publisher: Routledge
ISBN: 0429533918
Category : Law
Languages : en
Pages : 225
Book Description
There is a myth that lingers around legal education in many democracies. That myth would have us believe that law students are admitted and then succeed based on raw merit, and that law schools are neutral settings in which professors (also selected and promoted based on merit) use their expertise to train those students to become lawyers. Based on original, empirical research, this book investigates this myth from myriad perspectives, diverse settings, and in different nations, revealing that hierarchies of power and cultural norms shape and maintain inequities in legal education. Embedded within law school cultures are assumptions that also stymie efforts at reform. The book examines hidden pedagogical messages, showing how presumptions about theory’s relation to practice are refracted through the obfuscating lens of curricula. The contributors also tackle questions of class and market as they affect law training. Finally, this collection examines how structural barriers replicate injustice even within institutions representing themselves as democratic and open, revealing common dynamics across cultural and institutional forms. The chapters speak to similar issues and to one another about the influence of context, images of law and lawyers, the political economy of legal education, and the agency of students and faculty.
The Consumption of Justice
Author: Daniel Lord Smail
Publisher: Cornell University Press
ISBN: 0801468787
Category : History
Languages : en
Pages : 293
Book Description
In the thirteenth and fourteenth centuries, the ideas and practices of justice in Europe underwent significant change as procedures were transformed and criminal and civil caseloads grew apace. Drawing on the rich judicial records of Marseille from the years 1264 to 1423, especially records of civil litigation, this book approaches the courts of law from the perspective of the users of the courts (the consumers of justice) and explains why men and women chose to invest resources in the law. Daniel Lord Smail shows that the courts were quickly adopted as a public stage on which litigants could take revenge on their enemies. Even as the new legal system served the interest of royal or communal authority, it also provided the consumers of justice with a way to broadcast their hatreds and social sanctions to a wider audience and negotiate their own community standing in the process. The emotions that had driven bloodfeuds and other forms of customary vengeance thus never went away, and instead were fully incorporated into the new procedures.
Publisher: Cornell University Press
ISBN: 0801468787
Category : History
Languages : en
Pages : 293
Book Description
In the thirteenth and fourteenth centuries, the ideas and practices of justice in Europe underwent significant change as procedures were transformed and criminal and civil caseloads grew apace. Drawing on the rich judicial records of Marseille from the years 1264 to 1423, especially records of civil litigation, this book approaches the courts of law from the perspective of the users of the courts (the consumers of justice) and explains why men and women chose to invest resources in the law. Daniel Lord Smail shows that the courts were quickly adopted as a public stage on which litigants could take revenge on their enemies. Even as the new legal system served the interest of royal or communal authority, it also provided the consumers of justice with a way to broadcast their hatreds and social sanctions to a wider audience and negotiate their own community standing in the process. The emotions that had driven bloodfeuds and other forms of customary vengeance thus never went away, and instead were fully incorporated into the new procedures.
The Sources of Social Power: Volume 2, The Rise of Classes and Nation-States, 1760-1914
Author: Michael Mann
Publisher: Cambridge University Press
ISBN: 1107031184
Category : History
Languages : en
Pages : 845
Book Description
This second volume deals with power relations between the Industrial Revolution and the First World War.
Publisher: Cambridge University Press
ISBN: 1107031184
Category : History
Languages : en
Pages : 845
Book Description
This second volume deals with power relations between the Industrial Revolution and the First World War.
From Anthropology to Social Theory
Author: Arpad Szakolczai
Publisher: Cambridge University Press
ISBN: 1108540171
Category : Social Science
Languages : en
Pages : 297
Book Description
Presenting a ground-breaking revitalization of contemporary social theory, this book revisits the rise of the modern world to reopen the dialogue between anthropology and sociology. Using concepts developed by a series of 'maverick' anthropologists who were systematically marginalised as their ideas fell outside the standard academic canon, such as Arnold van Gennep, Marcel Mauss, Paul Radin, Lucien Lévy-Bruhl and Gregory Bateson, the authors argue that such concepts are necessary for understanding better the rise and dynamics of the modern world, including the development of the social sciences, in particular sociology and anthropology. Concepts discussed include liminality, imitation, schismogenesis and trickster, which provide an anthropological 'toolkit' for readers to develop innovative understandings of the underlying power mechanisms of globalized modernity. Aimed at graduate students and researchers, the book is clearly structured. Part I introduces the 'maverick' anthropologists, while Part II applies the maverick tool-kit to revisit the history of sociological thought and the question of modernity.
Publisher: Cambridge University Press
ISBN: 1108540171
Category : Social Science
Languages : en
Pages : 297
Book Description
Presenting a ground-breaking revitalization of contemporary social theory, this book revisits the rise of the modern world to reopen the dialogue between anthropology and sociology. Using concepts developed by a series of 'maverick' anthropologists who were systematically marginalised as their ideas fell outside the standard academic canon, such as Arnold van Gennep, Marcel Mauss, Paul Radin, Lucien Lévy-Bruhl and Gregory Bateson, the authors argue that such concepts are necessary for understanding better the rise and dynamics of the modern world, including the development of the social sciences, in particular sociology and anthropology. Concepts discussed include liminality, imitation, schismogenesis and trickster, which provide an anthropological 'toolkit' for readers to develop innovative understandings of the underlying power mechanisms of globalized modernity. Aimed at graduate students and researchers, the book is clearly structured. Part I introduces the 'maverick' anthropologists, while Part II applies the maverick tool-kit to revisit the history of sociological thought and the question of modernity.
Comparing Legal Cultures
Author: David Nelken
Publisher: Routledge
ISBN: 1351949969
Category : Law
Languages : en
Pages : 421
Book Description
This volume cross-examines mainstream approaches to studying legal culture (e.g. those of Friedman and Blankenburg). It includes debates over the concept of legal culture and a variety of case studies of different legal cultures.
Publisher: Routledge
ISBN: 1351949969
Category : Law
Languages : en
Pages : 421
Book Description
This volume cross-examines mainstream approaches to studying legal culture (e.g. those of Friedman and Blankenburg). It includes debates over the concept of legal culture and a variety of case studies of different legal cultures.
A Comparative Study of Chinese and Western Legal Language and Culture
Author: Falian Zhang
Publisher: Springer
ISBN: 9789811593499
Category : Language Arts & Disciplines
Languages : en
Pages : 428
Book Description
This book involves a variety of aspects and levels, including the diachronic and synchronic dimensions. Law profoundly affects our daily lives, but its language and culture can at times be nearly impossible to understand. As a comparative study of Chinese and Western legal language and legal culture, this book investigates the similarities and differences of both sides and identifies their respective advantages and disadvantages. Accordingly, it considers both social and cultural functions, and both theoretical and practical values. Firstly, the book addresses the differences, that is, the basic frameworks and disparities between the Chinese and Western legal languages and legal cultures. Secondly, it explores relevant changes over time, that is, the historical evolution and the basic driving forces that were at work before the Chinese and Western legal languages and cultures “met.” Lastly, the book elaborates on their fusion, that is, the conflicts and changes in Chinese and Western legal languages and cultures in China in the modern era, as well as the introduction, transplantation and transformation of Western legal culture.
Publisher: Springer
ISBN: 9789811593499
Category : Language Arts & Disciplines
Languages : en
Pages : 428
Book Description
This book involves a variety of aspects and levels, including the diachronic and synchronic dimensions. Law profoundly affects our daily lives, but its language and culture can at times be nearly impossible to understand. As a comparative study of Chinese and Western legal language and legal culture, this book investigates the similarities and differences of both sides and identifies their respective advantages and disadvantages. Accordingly, it considers both social and cultural functions, and both theoretical and practical values. Firstly, the book addresses the differences, that is, the basic frameworks and disparities between the Chinese and Western legal languages and legal cultures. Secondly, it explores relevant changes over time, that is, the historical evolution and the basic driving forces that were at work before the Chinese and Western legal languages and cultures “met.” Lastly, the book elaborates on their fusion, that is, the conflicts and changes in Chinese and Western legal languages and cultures in China in the modern era, as well as the introduction, transplantation and transformation of Western legal culture.
The Sources of Social Power: Volume 1, A History of Power from the Beginning to AD 1760
Author: Michael Mann
Publisher: Cambridge University Press
ISBN: 9780521313490
Category : Social Science
Languages : en
Pages : 564
Book Description
Distinguishing four sources of power in human societies - ideological, economic, military and political - 'The Sources of Social Power' traces their interrelations throughout human history. Volume 2 deals with power relations between the Industrial Revolution and the First World War.
Publisher: Cambridge University Press
ISBN: 9780521313490
Category : Social Science
Languages : en
Pages : 564
Book Description
Distinguishing four sources of power in human societies - ideological, economic, military and political - 'The Sources of Social Power' traces their interrelations throughout human history. Volume 2 deals with power relations between the Industrial Revolution and the First World War.
Law, Culture and Society
Author: Roger Cotterrell
Publisher: Routledge
ISBN: 1351217968
Category : Law
Languages : en
Pages : 317
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.
Publisher: Routledge
ISBN: 1351217968
Category : Law
Languages : en
Pages : 317
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.
In Litigation
Author: Herbert M. Kritzer
Publisher: Stanford University Press
ISBN: 9780804747349
Category : Law
Languages : en
Pages : 452
Book Description
This book collects in a single volume Marc Galanter's seminal work, "Why the 'Haves' Come Out Ahead," with ten contemporary articles about Galanter's theory. The articles, which present new research results and synthesize work done over the past few decades, examine the lasting influence and continued importance of this groundbreaking work.
Publisher: Stanford University Press
ISBN: 9780804747349
Category : Law
Languages : en
Pages : 452
Book Description
This book collects in a single volume Marc Galanter's seminal work, "Why the 'Haves' Come Out Ahead," with ten contemporary articles about Galanter's theory. The articles, which present new research results and synthesize work done over the past few decades, examine the lasting influence and continued importance of this groundbreaking work.