Exploring Law And Culture

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Exploring Law and Culture

Dorothy H. Bracey
Exploring Law and Culture Book PDF

Author : Dorothy H. Bracey
Publisher : Waveland Press
Page : 121 pages
File Size : 51,7 Mb
Release : 2005-11-14
Category : Social Science
ISBN : 9781478636472

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Exploring Law and Culture by Dorothy H. Bracey Pdf

Evocative and stimulating, engaging and timely, this small volume makes sense of the complicated and reciprocal relationship between law and culture. It starts with various definitions of law and the factors that anthropologists consider when they compare legal systems. Next, the experiences of exemplary researchers throughout history and some of the methods they used in their discoveries are discussed. Readers learn how to employ the comparative method and build a typology based on the source of a particular law by putting the world’s legal system into one of three categories: Western law, religious law, and traditional law. The book also tackles important issues such as formal law versus informal law, using law to legitimize power, and clashing values within a single legal system. Examples from fieldwork experiences and historical events offer readers a chance to see how a method has been applied or a concept developed—as well as how law and culture are intertwined in the real world.

Between Law and Culture

Lisa C. Bower,David Theo Goldberg,Michael C. Musheno
Between Law and Culture Book PDF

Author : Lisa C. Bower,David Theo Goldberg,Michael C. Musheno
Publisher : U of Minnesota Press
Page : 372 pages
File Size : 51,6 Mb
Release : 2001
Category : Law
ISBN : 0816633819

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Between Law and Culture by Lisa C. Bower,David Theo Goldberg,Michael C. Musheno Pdf

What happens to legal thought when key terms-society, culture, power, justice, identity-become unsettled? With the boundaries defining sociolegal scholarship undergoing a profound shift, this book explores the intersections of law, culture, and identity. Sexuality, race, sports, and the politics of policing are among the topics the authors take up as they examine how law both reproduces and challenges fundamental notions of order, discipline, and identity. Contributors: Rosemary J. Coombe, U of Toronto; David M. Engel, SUNY, Buffalo; Marjorie Garber, Harvard U; Herman Gray, UC, Santa Cruz; Rona Tamiko Halualani, San Jos State U; David Harvey, CUNY; Deb Henderson; Yuen J. Huo, UCLA; S. Lily Mendoza, U of Denver; Trish Oberweis, American Justice Institute; Paul A. Passavant, Hobart and William Smith Colleges; Lisa E. Sanchez, U of Illinois; Carl F. Stychin, U of Reading; Tom R. Tyler, New York U; Christine A. Yalda.

Intersections of Law and Culture at the International Criminal Court

Julie Fraser,Brianne McGonigle Leyh
Intersections of Law and Culture at the International Criminal Court Book PDF

Author : Julie Fraser,Brianne McGonigle Leyh
Publisher : Edward Elgar Publishing
Page : 456 pages
File Size : 55,5 Mb
Release : 2020-10-30
Category : Law
ISBN : 9781839107306

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Intersections of Law and Culture at the International Criminal Court by Julie Fraser,Brianne McGonigle Leyh Pdf

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.

Law and Culture

Mateusz Stępień,Jan Bazyli Klakla
Law and Culture Book PDF

Author : Mateusz Stępień,Jan Bazyli Klakla
Publisher : Springer
Page : 0 pages
File Size : 52,6 Mb
Release : 2022-10-29
Category : Law
ISBN : 3030811956

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Law and Culture by Mateusz Stępień,Jan Bazyli Klakla Pdf

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.

Law | Book | Culture in the Middle Ages

Anonim
Law Book Culture in the Middle Ages Book PDF

Author : Anonim
Publisher : BRILL
Page : 477 pages
File Size : 54,8 Mb
Release : 2021-02-01
Category : History
ISBN : 9789004448650

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Law | Book | Culture in the Middle Ages by Anonim Pdf

Law | Book | Culture in the Middle Ages takes a detailed view on the role of manuscripts and the written word in legal cultures, spanning the medieval period across western and central Europe.

Law and Popular Culture

Michael Asimow,Shannon Mader
Law and Popular Culture Book PDF

Author : Michael Asimow,Shannon Mader
Publisher : Peter Lang
Page : 308 pages
File Size : 45,9 Mb
Release : 2004
Category : Art
ISBN : 0820458155

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Law and Popular Culture by Michael Asimow,Shannon Mader Pdf

This book explores the interface between law and popular culture, two subjects of enormous current importance and influence. Exploring how they affect each other, each chapter discusses a legally themed film or television show, such as Philadelphia or Dead Man Walking, and treats it as both a cultural and a legal text, illustrating how popular culture both constructs our perceptions of law, and changes the way that players in the legal system behave. Written without theoretical jargon, Law and Popular Culture: A Course Book is intended for use in undergraduate or graduate courses and can be taught by anyone who enjoys pop culture and is interested in law.

The Formation and Transmission of Western Legal Culture

Serge Dauchy,Georges Martyn,Anthony Musson,Heikki Pihlajamäki,Alain Wijffels
The Formation and Transmission of Western Legal Culture Book PDF

Author : Serge Dauchy,Georges Martyn,Anthony Musson,Heikki Pihlajamäki,Alain Wijffels
Publisher : Springer
Page : 571 pages
File Size : 45,8 Mb
Release : 2016-12-01
Category : Law
ISBN : 9783319455679

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The Formation and Transmission of Western Legal Culture by Serge Dauchy,Georges Martyn,Anthony Musson,Heikki Pihlajamäki,Alain Wijffels Pdf

This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions.

Criminal Law and Cultural Diversity

Will Kymlicka,Claes Lernestedt,Matt Matravers
Criminal Law and Cultural Diversity Book PDF

Author : Will Kymlicka,Claes Lernestedt,Matt Matravers
Publisher : OUP Oxford
Page : 240 pages
File Size : 46,8 Mb
Release : 2014-05-15
Category : Political Science
ISBN : 9780191664304

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Criminal Law and Cultural Diversity by Will Kymlicka,Claes Lernestedt,Matt Matravers Pdf

The idea of a cultural defense in criminal law is often ridiculed as "multiculturalism run amok ". To allow someone charged with a crime to say "this is my culture " as an excuse for their action seems to open the door to cultural relativism, to jeopardize the protection of fundamental rights, and to undermine norms of individual responsibility. Many scholars, however, insist that cultural evidence is appropriate, indeed essential, for the fair operation of the criminal law. The criminal law is society's most powerful tool for regulating behaviour, and just for that reason we apply strong safeguards to ensure that criminal sanctions are applied in a fair way. When it comes to individuals, we want our rules for judging responsibility and punishment to track the actual blameworthiness of the specific individual being prosecuted for a specific action in the past. Cultural evidence may help improve our judgements of individual blameworthiness and desert; indeed, cultural evidence might even be necessary if the practice of punishing individuals is to be legitimate and equitable. According to its proponents, the use of cultural evidence when judging individual blameworthiness is a natural extension of the logic of existing criminal law doctrines regarding defences, and of the logic of current philosophical theories of responsibility and agency. This volume brings together scholars of both criminal law and philosophy to rigorously assess these ideas. Each of the chapters addresses a different dimension of the issue, from a range of perspectives, with varying degrees of sympathy or scepticism regarding cultural defences. The result is an important and original contribution to the literature. It explores why cultural diversity raises distinctive challenges in the criminal law context, not found in other domains of the multiculturalism debate, while also exploring how this particular context raises fundamental issues of agency and responsibility that are at the heart of broader debates in legal, social and political philosophy.

People and Place

Jonathan Swainger,Constance Backhouse
People and Place Book PDF

Author : Jonathan Swainger,Constance Backhouse
Publisher : UBC Press
Page : 257 pages
File Size : 50,9 Mb
Release : 2011-11-01
Category : Law
ISBN : 9780774840330

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People and Place by Jonathan Swainger,Constance Backhouse Pdf

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.

Byzantine Legal Culture and the Roman Legal Tradition, 867-1056

Zachary Chitwood
Byzantine Legal Culture and the Roman Legal Tradition 867 1056 Book PDF

Author : Zachary Chitwood
Publisher : Cambridge University Press
Page : 249 pages
File Size : 45,5 Mb
Release : 2017-02-27
Category : History
ISBN : 9781107182561

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Byzantine Legal Culture and the Roman Legal Tradition, 867-1056 by Zachary Chitwood Pdf

An accessible and innovative introductory study of Byzantine law in its wider societal context under the Macedonian dynasty.

Multicultural Lawyering

Kim O'Leary,Mable Martin-Scott
Multicultural Lawyering Book PDF

Author : Kim O'Leary,Mable Martin-Scott
Publisher : Unknown
Page : 392 pages
File Size : 54,7 Mb
Release : 2021
Category : Attorney and client
ISBN : 1531020410

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Multicultural Lawyering by Kim O'Leary,Mable Martin-Scott Pdf

"This book is a mix of policy, legal history, professionalism, and lawyering skills. It asks readers to explore multiculturalism through several different lenses. First, readers explore the reasons behind calls for diversity in the legal profession, examining how ordinary people view the culture of the law. Next, readers explore their own cultural backgrounds, consider implicit bias, and examine how to best navigate their own cultures as they interact with legal systems. Then, readers examine how to best represent clients with a particular focus on understanding client goals and helping translate client values and culture into legal system values and culture, while always cognizant of their own values and cultures. Finally, readers explore case studies where failure to appreciate culture has had critical consequences. The book provides perspective through essays about multicultural values in legal systems in other countries. It can be used as a textbook in a multicultural lawyering course or seminar, in a professional identity and culture course, or as a supplement to a clinic, skills, or doctrinal course. Lawyers and other legal professionals can use this book to explore multiculturalism and its effects in the legal system"--

Law in the Domains of Culture

Austin Sarat,Thomas R. Kearns
Law in the Domains of Culture Book PDF

Author : Austin Sarat,Thomas R. Kearns
Publisher : University of Michigan Press
Page : 250 pages
File Size : 53,6 Mb
Release : 2000-11-07
Category : Law
ISBN : 9780472087013

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Law in the Domains of Culture by Austin Sarat,Thomas R. Kearns Pdf

DIVExplores the relationship between culture and law /div

Cultural Analysis, Cultural Studies, and the Law

Austin D. Sarat,Jonathan Simon
Cultural Analysis Cultural Studies and the Law Book PDF

Author : Austin D. Sarat,Jonathan Simon
Publisher : Duke University Press
Page : 377 pages
File Size : 52,6 Mb
Release : 2003-07-03
Category : Law
ISBN : 9780822384755

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Cultural Analysis, Cultural Studies, and the Law by Austin D. Sarat,Jonathan Simon Pdf

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 and the Order of Culture

Robert Post
Law and the Order of Culture Book PDF

Author : Robert Post
Publisher : Univ of California Press
Page : 228 pages
File Size : 53,6 Mb
Release : 1991-01-01
Category : Law
ISBN : 0520073371

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Law and the Order of Culture by Robert Post Pdf

Law and the Order of Culture is an outstanding collection of essays that explores the cultural creation of legal meaning, addressing interpretive processes within the law as well as the social constitution of legal doctrine. Originally published in Representations, these essays are at the center of the "law and literature" movement which exemplifies a burgeoning literature in feminist jurisprudence, critical legal studies, and other work that has focused on law as evidence of cultural orderings. For this edition Robert Post has written a new introduction, proposing an analytic framework for this literature and discussion of the seven essays contained within the book. Ranging over a variety of interdisciplinary perspectives, the contributors to the volume address such central issues as the construction of legal normativity, interpretive theory and practice in constitutional law, the function of legal metaphors, the interpretive foundations of the law/fact distinction, and the role of politics in contemporary critical legal studies. Law and the Order of Culture will attract a broad and eclectic readership across many disciplines. Law and the Order of Culture is an outstanding collection of essays that explores the cultural creation of legal meaning, addressing interpretive processes within the law as well as the social constitution of legal doctrine. Originally published in Representations, these essays are at the center of the "law and literature" movement which exemplifies a burgeoning literature in feminist jurisprudence, critical legal studies, and other work that has focused on law as evidence of cultural orderings. For this edition Robert Post has written a new introduction, proposing an analytic framework for this literature and discussion of the seven essays contained within the book. Ranging over a variety of interdisciplinary perspectives, the contributors to the volume address such central issues as the construction of legal normativity, interpretive theory and practice in constitutional law, the function of legal metaphors, the interpretive foundations of the law/fact distinction, and the role of politics in contemporary critical legal studies. Law and the Order of Culture will attract a broad and eclectic readership across many disciplines.

After Identity

Dan Danielsen,Karen Engle
After Identity Book PDF

Author : Dan Danielsen,Karen Engle
Publisher : Routledge
Page : 397 pages
File Size : 45,5 Mb
Release : 2013-10-11
Category : Law
ISBN : 9781136654275

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After Identity by Dan Danielsen,Karen Engle Pdf

Authored by the leading voices in critical legal studies, feminist legal theory, critical race theory and queer legal theory, After Identity explores the importance of sexual, national and other identities in people's lived experiences while simultaneously challenging the limits of legal strategies focused on traditional identity groups. These new ways of thinking about cultural identity have implications for strategies for legal reform, as well as for progressive thinking generally about theory, culture and politics.