Handbook On Legal Cultures

Author : Sören Koch,Marius Mikkel Kjølstad
Publisher : Springer Nature
Page : 1171 pages
File Size : 50,9 Mb
Release : 2023-05-30
Category : Law
ISBN : 9783031277450

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Handbook on Legal Cultures by Sören Koch,Marius Mikkel Kjølstad Pdf

Cooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.

Author : Sören Koch,Jorgen Oyrehagen Sunde
Publisher : Unknown
Page : 804 pages
File Size : 43,9 Mb
Release : 2020-08-10
Category : Electronic
ISBN : 8245033944

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Comparing Legal Cultures by Sören Koch,Jorgen Oyrehagen Sunde Pdf

In the present era of internationalisation of law, being able to analyse legal culture enables legal cooperation. However, legal culture is still more a theoretical concept than an analytical tool applied when approaching law. There are many kinds of legal cultures, concerning different groups of legal actors or covering different geographical areas, and they are at times overlapping. However, the national legal culture is still the one that has the largest influence on the everyday life of citizens and the day-to-day work of lawyers. In this book, the editors first theorize on and give practical guidance on how to identify, deconstruct and examine legal culture. Based on a common analytical framework, the editors and a large number of expert contributors explore central institutional and intellectual features of legal culture in 12 European countries next to USA, China and Australia allowing the reader to systematically compare legal cultures.This is the second and extended version of Comparing Legal Cultures, which is the first thorough and extensive book that analyses national legal cultures as an approach to comparative law.

Author : Alberto Febbrajo
Publisher : Taylor & Francis
Page : 204 pages
File Size : 49,8 Mb
Release : 2018-07-04
Category : Law
ISBN : 9781351040327

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Law, Legal Culture and Society by Alberto Febbrajo Pdf

This volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural ways in which legal cultures work in a modern society, through the metaphor of the mirror. As a mirror of society, it distinguishes between the structure and function of legal culture within the legal system, and the external representation of law in society. This duality is further problematized in relation to the increasing transnationalisation of law. Based on a multi-level interpretation of the concept of legal culture, the work is divided into three parts: the first addresses the mutual reflections of social and legal norms that support a pluralist representation of internal legal cultures, the second concentrates on the external legal cultures that constantly enable pragmatic adjustments of the legal order to its social environment, and the third concludes the book with a theoretical discussion of the issues presented.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 43,5 Mb
Release : 2016
Category : Electronic
ISBN : 3319455664

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FORMATION AND TRANSMISSION OF WESTERN LEGAL CULTURE. by Anonim Pdf

Author : John Bell
Publisher : Cambridge University Press
Page : 304 pages
File Size : 40,6 Mb
Release : 2001-05-01
Category : Law
ISBN : 0521606128

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French Legal Cultures by John Bell Pdf

This important new textbook compares civil and common law systems using the French legal system as its basis. Focusing on the four main branches of French Law: civil, criminal, administrative and constitutional law, the book examines the way that the judiciary, lawyers and academics operate within them.

Author : Mateusz Stępień,Jan Bazyli Klakla
Publisher : Springer Nature
Page : 208 pages
File Size : 50,5 Mb
Release : 2021-10-28
Category : Law
ISBN : 9783030811938

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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.

Author : Timothy Peters,Karen Crawley
Publisher : Routledge
Page : 296 pages
File Size : 48,8 Mb
Release : 2017-11-30
Category : Law
ISBN : 9781317301592

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Envisioning Legality by Timothy Peters,Karen Crawley Pdf

Envisioning Legality: Law, Culture and Representation is a path-breaking collection of some of the world’s leading cultural legal scholars addressing issues of law, representation and the image. Law is constituted in and through the representations that hold us in their thrall, and this book focuses on the ways in which cultural legal representations not only reflect or contribute to an understanding of law, but constitute the very fabric of legality itself. As such, each of these ‘readings’ of cultural texts takes seriously the cultural as a mode of envisioning, constituting and critiquing the law. And the theoretically sophisticated approaches utilised here encompass more than simply an engagement with ‘harmless entertainment’. Rather they enact and undertake specific political and critical engagements with timely issues, such as: the redressing of past wrongs, recognising and combatting structural injustices, and orienting our political communities in relation to uncertain futures. Envisioning Legality thereby presents a cultural legal studies that provides the means for engaging in robust, sustained and in-depth encounters with the nature and role of law in a global, mediated world.

Author : Kirsten Hastrup
Publisher : BRILL
Page : 207 pages
File Size : 41,7 Mb
Release : 2021-08-04
Category : Law
ISBN : 9789004480773

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Legal Cultures and Human Rights by Kirsten Hastrup Pdf

Cultural diversity, as expressed for instance in different normative orders or legal cultures, poses both a practical and a theoretical challenge to the idea of universal human rights. In the present volume, the authors seek to address and contain this challenge with a view to the changing nature of the global society. While 'culture' is sometimes signposted as an obstacle to human rights on the ground, this volume suggests that in so far as the global 'culture of human rights' is primarily seen as a formal and institutional order based on a particular view of equal human worth, local cultures cannot trump it. The main point is that the culture of human rights is inclusive of all and must maintain a standard by which all peoples and cultures can measure their own performances. Further, and as demonstrated in the present volume from a range of disciplines such as law, literature, history and anthropology, culture is not a mental prison but a particular outlook upon the world, for ever changing in response to new experiences and insights.

Author : Roger Cotterrell
Publisher : Routledge
Page : 317 pages
File Size : 46,5 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.

Author : David Nelken
Publisher : Wildy, Simmonds & Hill Publishing
Page : 0 pages
File Size : 42,9 Mb
Release : 2012
Category : Culture and law
ISBN : 0854901183

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Using Legal Culture by David Nelken Pdf

In comparative legal studies, the concept of legal culture has come to play an increasingly significant role in contemporary theorising, empirical analysis and methodological innovation. Using Legal Culture explores a number of the key issues regarding the use of this concept. The essays contained in this book were originally presented in the Journal of Comparative Law Workshop held in Venice University (Ca' Foscari) May 20-21, 2010. The papers show that legal culture is a very productive concept, and also one which carries different meanings and resonances in different places and different languages and which sometimes means different things to different scholars. This collection therefore offers an especially helpful set of reflections on the nature and analytical value of this concept. The studies published here broadly speaking fall into three categories: general reflections on the concept of legal culture, the use of the concept in the micro-dimensions of the engagement of law with everyday life, and legal culture as a more holistic idea employed to characterise aspects of professionally administered schemes of law and practice. The chapters are written by prominent international scholars, and given a general introduction by one the foremost researchers in the study of legal culture: Professor David Nelken. The book provides an important resource for all students and scholars with an interest in comparative legal studies, as well as for anyone interested in the relationship between law and culture.

Author : Serge Dauchy,Georges Martyn,Anthony Musson,Heikki Pihlajamäki,Alain Wijffels
Publisher : Springer
Page : 571 pages
File Size : 54,9 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.

Author : Voraphol Malsukhum
Publisher : Unknown
Page : 0 pages
File Size : 55,9 Mb
Release : 2021
Category : Electronic
ISBN : 9811612684

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Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia by Voraphol Malsukhum Pdf

This book presents a navigating framework of legal culture and legality to facilitate a comprehensive understanding of the English and Australian determination of the grounds of judicial review. This book facilitates tangible process of how and why jurisdictional error, jurisdictional fact, proportionality and substantive legitimate expectations are debatable in English law, while they are either completely rejected or firmly entrenched in Australian law. This book argues that these differences are not just random. Legality is not just a fig-leaf, but is profoundly rooted in legal systems' legal culture; hence, it dictates the way in which courts empower, justify, constrain or limit the scope of judicial review. This book presents evidence that courts differ in legal systems and apply diverse ways to determine the scope of judicial review based on their deep understanding of legality, which is embedded in the legal culture of their legal system. This book uses comparative methodology and develops this framework between English and Australian law. Although obvious and important, this book presents a kind of examination that has never been undertaken in this depth and detail before.

Author : Günther Doeker-Mach,Klaus A. Ziegert
Publisher : Franz Steiner Verlag
Page : 538 pages
File Size : 41,7 Mb
Release : 2004
Category : Philosophy
ISBN : 3515083170

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Law, Legal Culture and Politics in the Twenty First Century by Günther Doeker-Mach,Klaus A. Ziegert Pdf

This is a collection of essays on general and specific topics of comparative private and comparative public law by distinguished legal scholars from every part of the world in honour to the work of Alice Ehr-Soon Tay. The essays demonstrate the changing approach to common law in legal culture and present a body of texts on comparative law problems arching from Asia to Europe to Australia. The volume furthermore indicates that there is no area where comparative law has proved more dominant and useful than in regard to human rights and comparative constitutional analysis. Finally, this book is an outstanding cross-cultural contribution to comparative private law and comparative constitutional law in terms of understanding legal culture and law. It will be invaluable to all those who practise, teach or judge law. Articles by Kim Santow, Saul Fridman, W. M. C. Gummow, J. A. Jolowicz, Hiroshi Matsuo, Ivan Shearer, Christopher Birch, Tom Campbell, Roland Drago, Jennifer Hill, Michael Kirby, Karin Lemercier, Aleksander Peczenik, Robert S. Summers, Albert H.Y. Chen, Jianfu Chen, Edward McWhinney, Eric Smithburn, Klaus A. Ziegert, Margaret Allars, Han Depei, Guenther Doeker-Mach, Hoang Van Hao, Tommy Koh, Adam Lopatka, Gabriel A. Moens, Cao Duc Thai, Wang Gungwu, Peter Wesley-Smith, Murray Gleeson, Julia Horne List of Publications of Alice Erh-Soon-Tay .

Author : Kirk Junker
Publisher : Routledge
Page : 294 pages
File Size : 49,7 Mb
Release : 2016-02-22
Category : Law
ISBN : 9781317245544

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Legal Culture in the United States: An Introduction by Kirk Junker Pdf

For law students and lawyers to successfully understand and practice law in the U.S., recognition of the wider context and culture which informs the law is essential. Simply learning the legal rules and procedures in isolation is not enough without an appreciation of the culture that produced them. This book provides the reader with an understandable introduction to the ways in which U.S. law reflects its culture and each chapter begins with questions to guide the reader, and concludes with questions for review, challenge and further understanding. Kirk W. Junker explores cultural differences, employing history, social theory, philosophy, and language as "reference frames," which are then applied to the rules and procedures of the U.S. legal system in the book’s final chapter. Through these cultural reference frames readers are provided with a set of interpretive tools to inform their understanding of the substance and institutions of the law. With a deeper understanding of this cultural context, international students will be empowered to more quickly adapt to their studies; more comprehensively understand the role of the attorney in the U.S. system; draw comparisons with their own domestic legal systems, and ultimately become more successful in their legal careers both in the U.S. and abroad.

Author : Henry Walter Ehrmann
Publisher : Unknown
Page : 172 pages
File Size : 54,5 Mb
Release : 1976
Category : Electronic
ISBN : LCCN:75031815

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Comparative Legal Cultures by Henry Walter Ehrmann Pdf