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Author : Patricia Ewick,Susan S. Silbey Publisher : University of Chicago Press Page : 342 pages File Size : 48,7 Mb Release : 1998-07-06 Category : Law ISBN : 0226227448
The Common Place of Law by Patricia Ewick,Susan S. Silbey Pdf
Why do some people call the police to quiet a barking dog in the middle of the night, while others accept devastating loss or actions without complaint? Sociologists Patricia Ewick and Susan Silbey examine more than 400 case studies to explore the various ways the law is perceived and utilized, or not, by a broad spectrum of citizens.
The Place of Law by Austin Sarat,Lawrence Douglas,Martha Merrill Umphrey Pdf
This volume sheds new light on the ways in which law defines territory and its boundaries, both literally and conceptually. The contributors highlight law's spatial aspects and the legal regulation of space, revealing that law lives most vividly not within its majestic embodiments, but in the realm of the ordinary."--BOOK JACKET.
Legal Architecture addresses how the environment of the trial can be seen as a physical expression of our relationship with ideals of justice. It provides an alternative account of the trial, which charts the troubled history of notions of due process and participation. In contrast to visions of judicial space as neutral, Linda Mulcahy argues that understanding the factors that determine the internal design of the courthouse and courtroom are crucial to a broader and more nuanced understanding of the trial. Partitioning of the courtroom into zones and the restriction of movement within it are the result of turf wars about who can legitimately participate in the legal arena and call the judiciary to account. The gradual containment of the public, the increasing amount of space allocated to advocates, and the creation of dedicated space for journalists and the jury, all have complex histories that deserve attention. But these issues are not only of historical significance. Across jurisdictions, questions are now being asked about the internal configurations of the courthouse and courtroom, and whether standard designs meet the needs of modern participatory democracies: including questions about the presence and design of the modern dock; the ways in which new technologies threaten to change the dynamics of the trial and lead to the dematerialization of our primary site of adversarial practice; and the extent to which courthouses are designed in ways which realise their professed status as public spaces. This fascinating and original reflection on legal architecture will be of interest to socio-legal or critical scholars working in the field of legal geography, legal history, criminology, legal systems, legal method, evidence, human rights and architecture.
Law moves, whether we notice or not. Set amongst a spatial turn in the humanities, and jurisprudence more specifically, this book calls for a greater attention to legal movement, in both its technical and material forms. Despite various ways the spatial turn has been taken up in legal thought, questions of law, movement and its materialities are too often overlooked. This book addresses this oversight, and it does so through an attention to the materialities of legal movement. Paying attention to how law moves across different colonial and contemporary spaces, this book reveals there is a problem with common law’s place. Primarily set in the postcolonial context of Australia – although ranging beyond this nationalised topography, both spatially and temporally – this book argues movement is fundamental to the very terms of common law’s existence. How, then, might we move well? Explored through examples of walking and burial, this book responds to the challenge of how to live with a contemporary form of colonial legal inheritance by arguing we must take seriously the challenge of living with law, and think more carefully about its spatial productions, and place-making activities. Unsettling place, this book returns the question of movement to jurisprudence.
A Place Outside the Law by Peter Jan Honigsberg Pdf
Firsthand testimonies from Guantánamo Bay, inspiring future generations to never repeat the human rights violations of the detention center. Law scholar and Witness to Guantánamo founder Peter Jan Honigsberg uncovers a haunting portrait of life at the military prison and its toll, not only on the detainees and their loved ones but also on its military and civilian personnel and the journalists who reported on it. Honigsberg conducted 158 interviews across 20 countries so that the people who lived and worked there could tell their heartbreaking and inspirational stories. In each one, we face the reality that the healing process cannot begin until we start the conversation about what was done in the name of protecting our country. These are a few of them. Many alleged operatives in Guantánamo were purchased by the United States for ransom from Afghan and Pakistani soldiers. Brandon Neely, a prison guard who processed the first group of suspected operatives to arrive in Cuba, flew to London to embrace the detainees he guarded after leaving the military. Navy whistleblower Matt Diaz covertly released the names of 500 detainees by sending them in a greeting card to a lawyer in New York. Journalist Carol Rosenberg committed the past 17 years of her career to documenting life at Guantánamo. And Damien Corsetti, an interrogator who came to be known as the “King of Torture,” received ribbons and awards for the same cruel actions for which he was later prosecuted. In startling, aching prose, A Place Outside the Law shines a light on these unheard voices, and through them, encourages the global community to embrace humanity as our greatest tool to make the world a safer place.
Natural Resources Law by Christine A. Klein,Federico Cheever,Bret C. Birdsong,Alexandra B. Klass,Eric Biber Pdf
Offering broad national coverage on an array of topics, Natural Resources Law, Fourth Edition conveys the drama behind resource disputes and policy and the love-of-place. Most cases are introduced with a photo or map of the place, along with a context-setting paragraph. Each group of cases—both foundational cases as well as new decisions—begins with a factually rich discussion problem tailored to the cases that follow. Many problems mirror traditional essay exam questions; others raise contemporary policy issues. This highly teachable book groups readings into discrete, assignment-sized chunks of 25-40 pages, allowing coverage of 2-4 cases or one problem during each class section. The main emphasis is on primary sources, and each chapter opens with relevant statutory and regulatory sections.
Conducting Law and Society Research by Simon Halliday,Patrick Schmidt Pdf
This book provides students and scholars with a candid look at how empirical research projects actually happen. Focusing on the interdisciplinary Law and Society field, more than twenty interviews with authors of classic projects - from sociology, anthropology, psychology, political science, law, and history - the chapters are unique in their honesty. They help readers to understand the choices, challenges, and uncertainty that go into even some of the best research projects.
The Place of Law by Austin Sarat,Lawrence Douglas,Martha Umphrey Pdf
It has long been standard practice in legal studies to identify the place of law within the social order. And yet, as The Place of Law suggests, the meaning of the concept of "the place of law" is not self-evident. This book helps us see how the law defines territory and attempts to keep things in place; it shows how law can be, and is, used to create particular kinds of places -- differentiating, for example, individual property from public land. And it looks at place as a metaphor that organizes the way we see the world. This important new book urges us to ask about the usefulness of metaphors of place in the design of legal regulation.
In this stimulating volume, Larry D. Barnett locates a fundamental defect in widespread assumptions regarding the institution of law. He asserts that scholarship on law is being led astray by currently accepted beliefs about the institution, and as a result progress in understanding law as a societal institution will be impeded until a more accurate view of law is accepted. This book takes on this challenge. The Place of Law addresses two questions that are at the heart of the institution of law. Why is law an evidently universal, enduring institution in societies characterized by a relatively high level of economic development and a relatively high degree of social complexity? And why do the concepts and doctrines of the institution of law differ between jurisdictions (states or nations) at one point in time and vary within a particular jurisdiction over time? These two questions, Barnett believes, should be prominent in any study of law. The framework for law Barnett proposes is concerned with activities that are fundamental aspects of social organization, that is, activities that are deeply embedded in social life. His viewpoint is grounded on a body of quantitative research pertinent to the societal sources and limits of law. Barnett argues that this perspective applies only to law in sovereign, democratic nations that are economically advanced and socially complex. In other environments, law's place as a societal institution is less secure. This innovative perspective will do much to enhance understanding and appreciation of the role of law in modern societies.
Law, Education, and the Place of Religion in Public Schools by Charles Russo Pdf
This text presents a comparative, cross-cultural analysis of the legal status of religion in public education in eighteen different nations while offering recommendations for the future improvement of religious education in public schools. Offering rich, analytical insights from a range of renowned scholars with expertise in law, education, and religion, this volume provides detailed consideration of legal complexities impacting the place of religion and religious education in public education. The volume pays attention to issues of national and international relevance including the separation of the church and state; public funding of religious education; the accommodation of students’ devotional needs; and compulsory religious education. The volume thus highlights the increasingly complex interplay of religion, law, and education in diverse educational settings and cultures across developing and developed nations. Providing a valuable contribution to the field of religious secondary education research, this volume will be of interest to researchers, academics, and educators with an interest in religion and law, international and comparative education, and those involved with educational policy at all levels. Those more broadly interested in moral and values education will also benefit from the discussions the book contains.
Handbook on Space, Place and Law by Robyn Bartel,Jennifer Carter Pdf
This innovative Handbook provides an expansive interrogation of the spaces and places of law, exploring how we engage relationally in a material world, within which we are inter-dependent and reliant, and governed by laws in a dynamic process. It advances novel insights into the numerous intersections of space, place and law in our lives.
Author : Brian G. Slocum Publisher : University of Chicago Press Page : 299 pages File Size : 52,5 Mb Release : 2017-05-17 Category : Law ISBN : 9780226445168
The Nature of Legal Interpretation by Brian G. Slocum Pdf
Language shapes and reflects how we think about the world. It engages and intrigues us. Our everyday use of language is quite effortless—we are all experts on our native tongues. Despite this, issues of language and meaning have long flummoxed the judges on whom we depend for the interpretation of our most fundamental legal texts. Should a judge feel confident in defining common words in the texts without the aid of a linguist? How is the meaning communicated by the text determined? Should the communicative meaning of texts be decisive, or at least influential? To fully engage and probe these questions of interpretation, this volume draws upon a variety of experts from several fields, who collectively examine the interpretation of legal texts. In The Nature of Legal Interpretation, the contributors argue that the meaning of language is crucial to the interpretation of legal texts, such as statutes, constitutions, and contracts. Accordingly, expert analysis of language from linguists, philosophers, and legal scholars should influence how courts interpret legal texts. Offering insightful new interdisciplinary perspectives on originalism and legal interpretation, these essays put forth a significant and provocative discussion of how best to characterize the nature of language in legal texts.
Indigenous Legal Traditions by Law Commission of Canada Pdf
The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.
In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.