Law Legal Culture And Society

Author : Alberto Febbrajo
Publisher : Taylor & Francis
Page : 204 pages
File Size : 51,6 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 : Roger Cotterrell
Publisher : Routledge
Page : 317 pages
File Size : 55,8 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 : Günther Doeker-Mach,Klaus A. Ziegert
Publisher : Franz Steiner Verlag
Page : 538 pages
File Size : 50,6 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 : David Nelken
Publisher : Routledge
Page : 421 pages
File Size : 46,7 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351949965

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Comparing Legal Cultures by David Nelken Pdf

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.

Author : Laura Nader
Publisher : Univ of California Press
Page : 468 pages
File Size : 42,8 Mb
Release : 1997-04-25
Category : Law
ISBN : 0520208331

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Law in Culture and Society by Laura Nader Pdf

"A classic collection in the anthropology of law. While some exceptionally good descriptive work is presented, the volume is particularly valuable in providing a range of thoughtful, engaged, and empirically grounded theoretical explorations of issues in the comparative study of law and conflict."—Donald Brenneis, author of Dangerous Words

Author : Philip C.C. Huang,Kathryn Bernhardt
Publisher : BRILL
Page : 586 pages
File Size : 49,7 Mb
Release : 2014-04-30
Category : History
ISBN : 9789004271890

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Research from Archival Case Records by Philip C.C. Huang,Kathryn Bernhardt Pdf

Legal history studies have often focused mainly on codified law, without attention to actual practice, and on the past, without relating it to the present. As the title—Research from Archival Case Records: Law, Society, and Culture in China—of this book suggests, the authors deliberately follow the research method of starting from court actions and only on that basis engage in discussions of laws and legal concepts and theory. The articles cover a range of topics and source materials, both past and present. They provide some surprising findings—about disjunctures between code and practice, adjustments between them, and how those reveal operative principles and logics different from what the legal texts alone might suggest. Contributors are: Kathryn Bernhardt, Danny Hsu, Philip C. C. Huang, Christopher Isett, Yasuhiko Karasawa, Margaret Kuo, Huaiyin Li, Jennifer M. Neighbors, Bradly W. Reed, Matthew H. Sommer, Huey Bin Teng, Lisa Tran, Elizabeth VanderVen, and Chenjun You.

Author : Lawrence M Friedman
Publisher : Routledge
Page : 173 pages
File Size : 43,6 Mb
Release : 2021-10-28
Category : Social Science
ISBN : 9780429723711

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Legal Culture And The Legal Profession by Lawrence M Friedman Pdf

Distinguished scholars in law and the social sciences examine the state of American legal culture, particularly adversarial legalism, in light of the criticisms of the current anti-lawyer movement. They assess the strengths and weaknesses of this culture, its impact on the broader society, and its recent spread to other countries. The American legal system is under heavy attack for the impact it is supposed to have on American culture and society generally. A common complaint of the anti-lawyer movement is that under the influence of lawyers we have become a litigious society, in the process undermining traditional American values such as self-reliance and responsibility. In this volume a group of distinguished scholars in law and the social sciences explores these questions. Neither an apology for lawyers nor a critique, Legal Culture and the Legal Profession examines the successes and the problems of the U. S. legal system, its impact on the broader culture, and the spread of American legal culture abroad.

Author : Laura Nader
Publisher : Univ of California Press
Page : 467 pages
File Size : 54,8 Mb
Release : 1997-04-25
Category : Social Science
ISBN : 9780520208339

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Law in Culture and Society by Laura Nader Pdf

"A classic collection in the anthropology of law. While some exceptionally good descriptive work is presented, the volume is particularly valuable in providing a range of thoughtful, engaged, and empirically grounded theoretical explorations of issues in the comparative study of law and conflict."—Donald Brenneis, author of Dangerous Words

Author : Jonathan Swainger,Constance Backhouse
Publisher : UBC Press
Page : 257 pages
File Size : 46,6 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.

Author : Alison Diduck,Noam Peleg,Helen Reece
Publisher : BRILL
Page : 685 pages
File Size : 48,5 Mb
Release : 2015-08-27
Category : Law
ISBN : 9789004261495

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Law in Society: Reflections on Children, Family, Culture and Philosophy by Alison Diduck,Noam Peleg,Helen Reece Pdf

This collection, written by legal scholars from around the world, offers insights into a variety of topics from children’s rights to criminal law, jurisprudence, medical ethics and more. Its breadth reflects the fact that these are all elements of what can broadly be called ‘law and society’, that enterprise that is interested in law’s place or influence in diffferent aspects of real lives and understands law to be simultaneously symbol, philosophy and action. It also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived. The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children’s rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity.

Author : Henry Walter Ehrmann
Publisher : Prentice Hall
Page : 196 pages
File Size : 42,7 Mb
Release : 1976
Category : Law
ISBN : UOM:49015000433830

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Comparative Legal Cultures by Henry Walter Ehrmann Pdf

Author : David Nelken,Johannes Feest
Publisher : Hart Publishing
Page : 294 pages
File Size : 51,8 Mb
Release : 2001-11
Category : Law
ISBN : 9781841132914

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Adapting Legal Cultures by David Nelken,Johannes Feest Pdf

This exciting collection looks at the theory and practice of legal borrowing and adaptation in different areas of the world: Europe,the USA and Latin America, S.E. Asia and Japan. Many of the contributors focus on fundamental theoretical issues. What are legal transplants? What is the role of the state in producing socio-legal change? What are the conditions of successful legal transfers? How is globalisation changing these conditions? Such problems are also discussed with reference to substantive and specific case studies. When and why did Japanese rules of product liability come into line with those of the EU and the USA? How and why did judicial review come late to the legal systems of Holland and Scandinavia? Why is the present wave of USA-influenced legal reforms in Latin Amercia apparently having more success than the previous round? How does competition between the legal and accountancy professions affect patterns of bankruptcy? The chapters in this volume, which include a comprehensive theoretical introduction, offer a range of valuable insights even if they also show that the

Author : Richard Nobles,David Schiff
Publisher : Routledge
Page : 510 pages
File Size : 46,9 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).

Author : Sophie Turenne
Publisher : Springer
Page : 236 pages
File Size : 49,9 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.

Author : Richard Appelbaum,William Felstiner,Volkmar Gessner
Publisher : Hart Publishing
Page : 443 pages
File Size : 51,7 Mb
Release : 2001-12-31
Category : Business & Economics
ISBN : 9781841132969

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Rules and Networks by Richard Appelbaum,William Felstiner,Volkmar Gessner Pdf

This book explores how business people and their legal advisers try to minimise the effect of the difficulties imposed by different cultures.