Comparative Law And Society

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Comparative Law and Society

Author : David Scott Clark
Publisher : Edward Elgar Publishing
Page : 481 pages
File Size : 44,8 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781006092

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Comparative Law and Society by David Scott Clark Pdf

Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date. In Part I, Methods and Disciplines, contributors approach critical issues in comparative law and society from a variety of academic fields, including sociology, criminology, anthropology, economics, political science, and psychology. This multidisciplinary approach highlights the importance of addressing the variance of perspectives inherent to the field. In Part II, Core Issues, chapters offer an exploration of major legal institutions, processes, professionals, and cultures associated with particular legal subjects. Since authors utilize the perspective of at least two different legal systems, this book offers a truly thorough and wide-ranging focus. the general reader, as well as students and scholars, will find this handbook useful in their continuing explorations into the interaction between law and society. Practitioners such as lawyers and judges with an interest in global perspectives of law will also find much to admire in this innovative volume.

Comparative Law and Anthropology

Author : James A.R. Nafziger
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 53,9 Mb
Release : 2024-06-27
Category : Electronic
ISBN : 9781781955185

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Comparative Law and Anthropology by James A.R. Nafziger Pdf

The topical chapters in this cutting-edge collection at the intersection of comparative law and anthropology explore the mutually enriching insights and outlooks of the two fields. Comparative Law and Anthropology adopts a foundational approach to social and cultural issues and their resolution, rather than relying on unified paradigms of research or unified objects of study. Taken together, the contributions extend long-developing trends from legal anthropology to an anthropology of law and from externally imposed to internally generated interpretations of norms and processes of legal significance within particular cultures. The book's expansive conceptualization of comparative law encompasses not only its traditional geographical orientation, but also historical and jurisprudential dimensions. It is also noteworthy in blending the expertise of long-established, acclaimed scholars with new voices from a range of disciplines and backgrounds.

Comparative Law

Author : Alan Watson
Publisher : Unknown
Page : 338 pages
File Size : 43,7 Mb
Release : 2010
Category : Civil law
ISBN : STANFORD:36105134522726

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Comparative Law by Alan Watson Pdf

The third edition of Comparative Law: Law, Reality and Society does not deal with conventional comparative law. Rules and structures of one system are not set out against those of another for contrast. Rather, rules particular or general, are examined to explain why they are as they are, and how they came to be. The author does not accept that to a great extent law reflects society or the power of the ruling elite. Chapter one serves as both introduction and conclusions. The conclusions are: 1) Governments and rulers are not much interested in developing law, especially not private law, but leave this to others to whom they do not grant power to make law; 2) Even famous lawmakers are seldom interested in a particular social issue in law or in giving law certainty; 3) Borrowing, even mindless, is the name of the legal game. Chapters range from grand legislation (the Ten Commandments and Napoleon's code civil) to unrecognized law in action and daily life (Jesus and the Samaritan woman, Jesus and the adulteress, the claim that Julius Caesar descended from a slave). Other chapters deal with judges' passivity in giving needlessly a judgment they claimed was unjust, to deciding against the judge's own theoretical and practical position (Somerset's Case). Likewise stressed is the difficulty of developing law fit for the society, and of understanding foreign legal thinking. The survival of law in different circumstances for centuries and also in a different place is emphasized. The chapters are separate entities, and the author claims that each must stand on its own merits, but he insists that if each is plausible, then together they present a very different approach to law in society from those habitually offered. About the author: Alan Watson, Professor of Law at the University of Georgia School of Law, is regarded as one of the world's foremost authorities on Roman law, comparative law, legal history, and law and religion.

Law, Culture and Society

Author : Roger Cotterrell
Publisher : Routledge
Page : 317 pages
File Size : 50,6 Mb
Release : 2017-10-03
Category : Law
ISBN : 9781351217965

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Law, Culture and Society by Roger Cotterrell Pdf

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.

Global Legal History

Author : Joshua C. Tate,José Reinaldo de Lima Lopes,Andrés Botero-Bernal
Publisher : Routledge
Page : 212 pages
File Size : 48,9 Mb
Release : 2018-12-07
Category : History
ISBN : 9781351068468

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Global Legal History by Joshua C. Tate,José Reinaldo de Lima Lopes,Andrés Botero-Bernal Pdf

This collection brings together a group of international legal historians to further scholarship in different areas of comparative and regional legal history. Authors are drawn from Europe, Asia, and the Americas to produce new insights into the relationship between law and society across time and space. The book is divided into three parts: legal history and legal culture across borders, constitutional experiences in global perspective, and the history of judicial experiences. The three themes, and the chapters corresponding to each, provide a balance between public law and private law topics, and reflect a variety of methodologies, both empirical and theoretical. The volume highlights the gains that may be made by comparing the development of law in different countries and different time periods. The book will be of interest to an international readership in Legal History, Comparative Law, Law and Society, and History.

Law, Society and Community

Author : Richard Nobles,David Schiff
Publisher : Routledge
Page : 510 pages
File Size : 55,7 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317107286

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Law, Society and Community by Richard Nobles,David Schiff Pdf

This collection of socio-legal studies, written by leading theorists and researchers from around the world, offers original, perceptive and critical contributions to ideas and theories that have been expounded by Roger Cotterrell over a long and distinguished career. Engaging with many classic issues and theories of the sociology of law, the contributions are likely to become classics themselves as they tackle some of the most significant challenges that modern law faces. They do not shy away from what one of the contributors describes as the complexity and multiplicity of our contemporary legal world. The book is organized in three parts: socio-legal themes; methodological and jurisprudential themes; globalization, cultural and comparative law themes. Starting with a chapter that re-engages with the need to interpret legal ideas sociologically, and ending with one that explores the global significance of modern fascination with the idea of the rule of law, this selection offers important additions to the oeuvre of Roger Cotterrell (a list of whose academic writings is included in the book).

Comparative Methods in Law, Humanities and Social Sciences

Author : Adams, Maurice,Van Hoecke, Mark
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 52,9 Mb
Release : 2021-11-19
Category : Law
ISBN : 9781802201468

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Comparative Methods in Law, Humanities and Social Sciences by Adams, Maurice,Van Hoecke, Mark Pdf

This cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence.

Encyclopedia of Law and Society

Author : David S. Clark
Publisher : SAGE
Page : 1809 pages
File Size : 41,5 Mb
Release : 2007-07-10
Category : Social Science
ISBN : 9780761923879

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Encyclopedia of Law and Society by David S. Clark Pdf

Introduction to and survey of the field of law and society. Includes interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics.

Law and Society Today

Author : Riaz Tejani
Publisher : University of California Press
Page : 332 pages
File Size : 44,6 Mb
Release : 2019-08-20
Category : Social Science
ISBN : 9780520295742

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Law and Society Today by Riaz Tejani Pdf

Law and Society Today is a problem-oriented survey of sociolegal studies, with a unique emphasis on recent historical and political developments. Whereas other texts focus heavily on criminal procedure, this book foregrounds the significant changes of the 2000s and 2010s, including neoliberalism, migration, multiculturalism, and the large influence of law and economics in law teaching, policy debates, and judicial decision-making. Each chapter presents key concepts, real-world applications, and hypothetical problems that allow students to test comprehension. With an integrated approach to theory and practice and written in an accessible tone, this text helps students recognize the dynamic forces that shape the way the law is constructed and implemented, particularly how law drives social inequality.

Concepts of Law

Author : Lukas Heckendorn Urscheler
Publisher : Routledge
Page : 270 pages
File Size : 55,8 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317162469

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Concepts of Law by Lukas Heckendorn Urscheler Pdf

Debates surrounding the concept of law are not new. For a wide variety of reasons and in a wide variety of ways, the meaning of 'law' has long been an important part of Western thought, both within legal scholarship and beyond. The contributors to Concepts of Law are international experts from the fields of comparative law, legal philosophy, and the social sciences. Combining theoretical analyses with case studies, they explore various legal concepts and contexts from diverse national and disciplinary perspectives. Legal and normative pluralism is a theme throughout. Some chapters discuss the development of state law and legal systems. Others wrestle with law’s rhetoric and the potential utility of alternative vocabularies, e.g., 'governance' and ’governmentality’. Others reveal the rich polyjurality of the present, from the local to the global. The result is a rich picture of both present scholarship on laws and norms and the state of contemporary legal complexity, each crossing traditional boundaries.

Encyclopedia of Law & Society: F-O

Author : David Scott Clark
Publisher : Unknown
Page : 568 pages
File Size : 43,7 Mb
Release : 2007
Category : Comparative law
ISBN : STANFORD:36105134433528

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Encyclopedia of Law & Society: F-O by David Scott Clark Pdf

Provides more than seven hundred alphabetical entries covering the interaction of law and society around the globe, including the sociology of law, law and economics, law and political science, psychology and law, and criminology.

Journal of the Society of Comparative Legislation

Author : Society of Comparative Legislation
Publisher : Unknown
Page : 400 pages
File Size : 52,6 Mb
Release : 1897
Category : Comparative law
ISBN : IND:30000105582583

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Journal of the Society of Comparative Legislation by Society of Comparative Legislation Pdf

Includes an annual "Review of legislation".

The Oxford Handbook of Comparative Law

Author : Mathias Reimann,Reinhard Zimmermann
Publisher : Oxford University Press
Page : 1536 pages
File Size : 49,6 Mb
Release : 2019-03-26
Category : Law
ISBN : 9780192565525

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The Oxford Handbook of Comparative Law by Mathias Reimann,Reinhard Zimmermann Pdf

This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

Law and Society in Vietnam

Author : Mark Sidel
Publisher : Cambridge University Press
Page : 26 pages
File Size : 46,7 Mb
Release : 2008-02-21
Category : Law
ISBN : 9781139469609

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Law and Society in Vietnam by Mark Sidel Pdf

This book is a unique analysis of the struggle to build a rule of law in one of the world's most dynamic and vibrant nations - a socialist state that is seeking to build a market economy while struggling to pursue an ethos of social equality and opportunity. It addresses constitutional change, the assertion of constitutional claims by citizens, the formation of a strong civil society and non-profit sector, the emergence of economic law and the battles over who is benefited by the economic regulation, labor law and the protection of migrant and export labor, the rise of lawyers and public interest law, and other key topics. Alongside other countries, comparisons are made to parallel developments in another transforming socialist state, the People's Republic of China.

Fair Reflection of Society in Judicial Systems - A Comparative Study

Author : Sophie Turenne
Publisher : Springer
Page : 236 pages
File Size : 53,7 Mb
Release : 2015-07-20
Category : Law
ISBN : 9783319184852

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Fair Reflection of Society in Judicial Systems - A Comparative Study by Sophie Turenne Pdf

This book addresses one central question: if justice is to be done in the name of the community, how far do the decision-makers need to reflect the community, either in their profile or in the opinions they espouse? Each contributor provides an answer on the basis of a careful analysis of the rules, assumptions and practices relating to their own national judicial system and legal culture. Written by national experts, the essays illustrate a variety of institutional designs towards a better reflection of the community. The involvement of lay people is often most visible in judicial appointments at senior court level, with political representatives sometimes appointing judges. They consider the lay involvement in the judicial system more widely, from the role of juries to the role of specialist lay judges and lay assessors in lower courts and tribunals. This lay input into judicial appointments is explored in light of the principle of judicial independence. The contributors also critically discuss the extent to which judicial action is legitimised by any ‘democratic pedigree’ of the judges or their decisions. The book thus offers a range of perspectives, all shaped by distinctive constitutional and legal cultures, on the thorny relationship between the principle of judicial independence and the idea of democratic accountability of the judiciary.