Law In The Domains Of Culture

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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 : 43,6 Mb
Release : 2009-11-10
Category : Law
ISBN : 9780472023639

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

The concept of culture is troublingly vague and, at the same time, hotly contested, and law's relations to culture are as complex, varied and disputed as the concept of culture itself. The concept of the traditional, unified, reified, civilizing idea of culture has come under attack. The growth of cultural studies has played an important role in redefining culture by including popular culture and questions of social stratification, power and social conflict. Law and legal studies are relative latecomers to cultural studies. As scholars have come to see law as not something apart from culture and society, they have begun to explore the connections between law and culture. Focusing on the production, interpretation, consumption and circulation of legal meaning, these scholars suggest that law is inseparable from the interests, goals and understandings that deeply shape or compromise social life. Against this background, Law in the Domains of Culture brings the insights and approaches of cultural studies to law and tries to secure for law a place in cultural analysis. This book provides a sampling of significant theoretical issues in the cultural analysis of law and illustrates some of those issues in provocative examples of the genre. Law in the Domains of Culture is designed to encourage the still tentative efforts to forge a new interdisciplinary synthesis, cultural studies of law. The contributors are Carol Clover, Rosemary Coombe, Marjorie Garber, Thomas R. Kearns, William Miller, Andrew Ross, Austin Sarat, and Martha Woodmansee. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.

Culture in the Domains of Law

René Provost
Culture in the Domains of Law Book PDF

Author : René Provost
Publisher : Cambridge University Press
Page : 457 pages
File Size : 51,7 Mb
Release : 2017-02-02
Category : Law
ISBN : 9781107163331

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Culture in the Domains of Law by René Provost Pdf

This book examines whether law, as a cultural practice, can apply across cultural boundaries to bind people with vastly different beliefs and practices.

Culture in the Domains of Law

Ren?e Provost
Culture in the Domains of Law Book PDF

Author : Ren?e Provost
Publisher : Unknown
Page : 128 pages
File Size : 50,9 Mb
Release : 2017
Category : Culture and law
ISBN : 1316751481

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Culture in the Domains of Law by Ren?e Provost Pdf

"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"--

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 : 42,8 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.

Law and Culture

Mateusz Stępień,Jan Bazyli Klakla
Law and Culture Book PDF

Author : Mateusz Stępień,Jan Bazyli Klakla
Publisher : Springer Nature
Page : 208 pages
File Size : 52,9 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.

Popular Culture and Law

RichardK. Sherwin
Popular Culture and Law Book PDF

Author : RichardK. Sherwin
Publisher : Routledge
Page : 613 pages
File Size : 51,6 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351553728

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Popular Culture and Law by RichardK. Sherwin Pdf

What are the consequences when law's stories and images migrate from the courtroom to the court of public opinion and from movie, television and computer screens back to electronic monitors inside the courtroom itself? What happens when lawyers and public relations experts market notorious legal cases and controversial policy issues as if they were just another commodity? What is the appropriate relationship between law and digital culture in virtual worlds on the Internet? In addressing these cutting edge issues, the essays in this volume shed new light on the current status and future fate of law, truth and justice in our time.

Cultural Studies of Law

Cristyn Davies,Sara L. Knox
Cultural Studies of Law Book PDF

Author : Cristyn Davies,Sara L. Knox
Publisher : Routledge
Page : 169 pages
File Size : 46,7 Mb
Release : 2015-10-14
Category : Social Science
ISBN : 9781317697275

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Cultural Studies of Law by Cristyn Davies,Sara L. Knox Pdf

This edited collection is a cultural analysis of how law is shaped into procedure and principle by the conditions of everyday life. Law is constitutive of culture just as culture and cultural analyses shape, resist and interrogate legal regulation, exception and norms. So too does law have a dual capacity in the field of culture: it enables the formation of subjects and of cultural practices, and it constrains those very formations. This book uses the animating critical concerns of Cultural Studies over the last 20 years—that is, the symbolic, material, economic, and political practices and power relations that are inscribed in everyday life—to analyze the assembly of practices, procedures, sites, interactions and agents of law. The chapters in this collection accordingly examine the conditions of law’s everyday life, in situations ordinary and extraordinary, to show it in the moment of its working. This book was originally published as a special issue of Cultural Studies.

Popular Culture and Legal Pluralism

Wendy A Adams
Popular Culture and Legal Pluralism Book PDF

Author : Wendy A Adams
Publisher : Routledge
Page : 240 pages
File Size : 55,5 Mb
Release : 2016-06-17
Category : Law
ISBN : 9781317078272

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Popular Culture and Legal Pluralism by Wendy A Adams Pdf

Drawing upon theories of critical legal pluralism and psychological theories of narrative identity, this book argues for an understanding of popular culture as legal authority, unmediated by translation into state law. In narrating our identities, we draw upon collective cultural narratives, and our narrative/nomos obligational selves become the nexus for law and popular culture as mutually constitutive discourse. The author demonstrates the efficacy and desirability of applying a pluralist legal analysis to examine a much broader scope of subject matter than is possible through the restricted perspective of state law alone. The study considers whether presumptively illegal acts might actually be instances of a re-imagined, alternative legality, and the concomitant implications. As an illustrative example, works of critical dystopia and the beliefs and behaviours of eco/animal-terrorists can be understood as shared narrative and normative commitments that constitute law just as fully as does the state when it legislates and adjudicates. This book will be of great interest to academics and scholars of law and popular culture, as well as those involved in interdisciplinary work in legal pluralism.

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 : 53,7 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.

Law as Culture

Lawrence Rosen
Law as Culture Book PDF

Author : Lawrence Rosen
Publisher : Princeton University Press
Page : 232 pages
File Size : 52,6 Mb
Release : 2017-03-17
Category : Law
ISBN : 9781400887583

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Law as Culture by Lawrence Rosen Pdf

Law is integral to culture, and culture to law. Often considered a distinctive domain with strange rules and stranger language, law is actually part of a culture's way of expressing its sense of the order of things. In Law as Culture, Lawrence Rosen invites readers to consider how the facts that are adduced in a legal forum connect to the ways in which facts are constructed in other areas of everyday life, how the processes of legal decision-making partake of the logic by which the culture as a whole is put together, and how courts, mediators, or social pressures fashion a sense of the world as consistent with common sense and social identity. While the book explores issues comparatively, in each instance it relates them to contemporary Western experience. The development of the jury and Continental legal proceedings thus becomes a story of the development of Western ideas of the person and time; African mediation techniques become tests for the style and success of similar efforts in America and Europe; the assertion that one's culture should be considered as an excuse for a crime becomes a challenge to the relation of cultural norms and cultural diversity. Throughout the book, the reader is invited to approach law afresh, as a realm that is integral to every culture and as a window into the nature of culture itself.

Cultural Legal Studies

Cassandra Sharp,Marett Leiboff
Cultural Legal Studies Book PDF

Author : Cassandra Sharp,Marett Leiboff
Publisher : Unknown
Page : 0 pages
File Size : 40,9 Mb
Release : 2016
Category : Law
ISBN : 1315755157

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Cultural Legal Studies by Cassandra Sharp,Marett Leiboff Pdf

What can law's popular cultures do for law, as a constitutive and interrogative critical practice? This collection explores such a question through the lens of the 'cultural legal studies' movement, which proffers a new encounter with the 'cultural turn' in law and legal theory. Moving beyond the 'law ands' (literature, humanities, culture, film, visual and aesthetics) on which it is based, this book demonstrates how the techniques and practices of cultural legal studies can be used to metamorphose law and the legalities that underpin its popular imaginary. By drawing on three different modes of cultural legal studies - storytelling, technology and jurisprudence - the collection showcases the intersectional practices of cultural legal studies, and law in its popular cultural mode. The contributors to the collection deploy differentiated modes of cultural legal studies practice, adopting diverse philosophical, disciplinary, methodological and theoretical approaches and subjects of examination. The collection draws on this mix of diversity and homogeneity to thread together its overarching theme: that we must take seriously an interrogation of law as culture and in its cultural form. That is, it does not ask how a text 'represents' law; but rather how the representational nature of both law and culture intersect so that the 'juridical' become visible in various cultural manifestations. In short, it asks: how law's popular cultures actively effect the metamorphosis of law.

The Judgment of Culture

Lawrence Rosen
The Judgment of Culture Book PDF

Author : Lawrence Rosen
Publisher : Routledge
Page : 254 pages
File Size : 53,7 Mb
Release : 2017-08-09
Category : Social Science
ISBN : 9781315298979

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The Judgment of Culture by Lawrence Rosen Pdf

Legal systems do not operate in isolation but in complex cultural contexts. This original and thought-provoking volume considers how cultural assumptions are built into American legal decision-making, drawing on a series of case studies to demonstrate the range of ways courts express their understanding of human nature, social relationships, and the sense of orderliness that cultural schemes purport to offer. Unpacking issues such as native heritage, male circumcision, and natural law, Rosen provides fresh insight into socio-legal studies, drawing on his extensive experience as both an anthropologist and a law professional to provide a unique perspective on the important issue of law and cultural practice. The Judgement of Culture will make informative reading for students and scholars of anthropology, law, and related subjects across the social sciences.

The Future of the Public Domain

Lucie M. C. R. Guibault
The Future of the Public Domain Book PDF

Author : Lucie M. C. R. Guibault
Publisher : Kluwer Law International B.V.
Page : 394 pages
File Size : 49,7 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041124357

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The Future of the Public Domain by Lucie M. C. R. Guibault Pdf

The presence of a robust public domain is an essential precondition for cultural, social and economic development and for a healthy democratic process. But the public domain is under pressure as a result of the ongoing march towards an information economy. Items of information, which in the `old economy had little or no economic value, such as factual data, personal data, genetic information and pure ideas, have acquired independent economic value in the current information age, and consequently become the object of property rights making the information a tradable commodity. How and to what extent does the commodification of information affect the free flow of information and the integrity of the public domain? Does the freedom of expression and information, guaranteed inter alia in the European Convention on Human Rights, call for active state intervention to `save the public domain? What means both legal and practical are available or might be conceived to guarantee and foster a robust public domain? These were the main questions that were addressed in a major collaborative research project led by the Institute for Information Law of the University of Amsterdam (IViR) in co-operation with the Tilburg Institute for Law, Technology and Society (TILT) of Tilburg University, and funded by ITeR, the Dutch National Program for Information Technology and Law. Thirteen contributions from academia worldwide make up the present book, addressing the future of the public domain from a different angle. In addition, all authors were invited to reflect upon the notion and role of the public domain in the context of information law and policy. Should this concept be limited to that of a `negative image of (intellectual) property protection, i.e. all publicly available information not subject to a property right, and therefore freely (i.e. gratis) available, or should a broader approach be taken, e.g. all information available from public sources at affordable cost? Should information policies be aimed at maximizing the public domain or optimizing information flows? To what extent are these aims congruent? This book takes a broader, `information law oriented approach towards the question of preserving the public domain, in which a wide range of interrelated legal questions converge. Issues treated in this book include: Economic analysis of the public domain Fundamental rights analysis of the public domain Impact of the application of technological protection measures and contractual restrictions on the public domain The impact of the expansion of copyright, database right and patent rights on the public domain The impact of the commodification of private data, government information, indigenous knowledge on the public domain The capacity of the Open Source and Creative Commons Movements to preserve the integrity of the public domain The Future of the Public Domain is an important work for all those interested or involved in the regulation of the knowledge economy. Legal scholars, academic and research institutions, corporate counsel, lawyers, government policymakers and regulators all these and more will benefit enormously from the thoughtful and incisive discussions presented here.

The Handbook of Law and Society

Austin Sarat,Patricia Ewick
The Handbook of Law and Society Book PDF

Author : Austin Sarat,Patricia Ewick
Publisher : John Wiley & Sons
Page : 481 pages
File Size : 46,5 Mb
Release : 2015-06-22
Category : Political Science
ISBN : 9781118701461

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The Handbook of Law and Society by Austin Sarat,Patricia Ewick Pdf

Bringing a timely synthesis to the field, The Handbook of Law and Society presents a comprehensive overview of key research findings, theoretical developments, and methodological controversies in the field of law and society. Provides illuminating insights into societal issues that pose ongoing real-world legal problems Offers accessible, succinct overviews with in-depth coverage of each topic, including its evolution, current state, and directions for future research Addresses a wide range of emergent topics in law and society and revisits perennial questions about law in a global world including the widening gap between codified laws and “law in action”, problems in the implementation of legal decisions, law’s constitutive role in shaping society, the importance of law in everyday life, ways legal institutions both embrace and resist change, the impact of new media and technologies on law, intersections of law and identity, law’s relationship to social consensus and conflict, and many more Features contributions from 38 international expert scholars working in diverse fields at the intersections of legal studies and social sciences Unique in its contributions to this rapidly expanding and important new multi-disciplinary field of study

Law and Popular Culture

Michael Asimow,Kathryn Brown,David Papke
Law and Popular Culture Book PDF

Author : Michael Asimow,Kathryn Brown,David Papke
Publisher : Cambridge Scholars Publishing
Page : 425 pages
File Size : 40,6 Mb
Release : 2014-06-12
Category : Law
ISBN : 9781443861588

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Law and Popular Culture by Michael Asimow,Kathryn Brown,David Papke Pdf

Commentators have noted the extraordinary impact of popular culture on legal practice, courtroom proceedings, police departments, and government as a whole, and it is no exaggeration to say that most people derive their basic understanding of law from cultural products. Movies, television programs, fiction, children’s literature, online games, and the mass media typically influence attitudes and impressions regarding law and legal institutions more than law and legal institutions themselves. Law and Popular Culture: International Perspectives enhances the appreciation of the interaction between popular culture and law by underscoring this interaction’s multinational and international features. Two dozen authors from nine countries invite readers to consider the role of law-related popular culture in a broad range of nations, socio-political contexts, and educational environments. Even more importantly, selected contributors explore the global transmission and reception of law-related cultural products and, in particular, the influence of assorted works and media across national borders and cultural boundaries. The circulation and consumption of law-related popular culture are increasing as channels of mass media become more complex and as globalization runs its uncertain course. Law and Popular Culture: International Perspectives adds to the critical understanding of the worldwide interaction of popular culture and law and encourages reflection on the wider implications of this mutual influence across both time and geography.