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Law Culture And Society

Law  Culture and Society PDF

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Author: Roger Cotterrell
Publisher: Routledge
ISBN: 1351217968
Size: 61.95 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 208
View: 4075

Book Description: 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.


Law In Culture And Society

Law in Culture and Society PDF

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Author: Laura Nader
Publisher: Univ of California Press
ISBN: 9780520208339
Size: 50.56 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages : 454
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Book Description: "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


Law Culture And Society

Law  Culture and Society PDF

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Author: Werner Gephart
Publisher: Verlag Vittorio Klostermann
ISBN: 9783465042310
Size: 61.60 MB
Format: PDF, Docs
Category :
Languages : en
Pages : 160
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Book Description: The historical-critical edition of Max Weber's writings on sociology of law (MWG I/22-3) revealed deep layers of Max Weber's legal texts that thus became readable for the first time. Weber breaks out from the legal centrism of the normative world and designs an Interpretation that follows the "world history of law" in a cultural-comparative sense, thereby making him appear particularly topical for today's debates on the relationship between globalization and legal analysis. With his text "Die Wirtschaft und die Ordnungen" ("Economics and the Orders"), Weber anticipated the idea of "legal pluralism" that emphasizes the diversity ofnormative orders. Further, the departure from the occidental development path of law towards the "developmental conditions of law" opens up the cognitive horizon for insights into other legal cultures, their interferences and hybridizations for which we still seem to lack the categories today. It is, then, all the more remarkable how Weber designed a great, all-encompassing meta-narrative on legal rationalism in the Occident based on a multitude of highly branched out legal histories - a narrative that can only be told through the perspective of universal history and with the world cultures of law in mind. This interpretation also captures the birth of sociology from the spirit of jurisprudence - so impressively detailed in Weber's work - that accords particular importance to law in the analysis of modernities.


Law Legal Culture And Society

Law  Legal Culture and Society PDF

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Author: Alberto Febbrajo
Publisher: Taylor & Francis
ISBN: 1351040324
Size: 69.79 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 204
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Book Description: 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.


Land Expropriation In Israel

Land Expropriation in Israel PDF

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Author: Yifat Holzman-Gazit
Publisher: Routledge
ISBN: 131710837X
Size: 30.82 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 218
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Book Description: Historically, Israel's Supreme Court has failed to limit the state's powers of expropriation and to protect private property. This book argues that the Court's land expropriation jurisprudence can only be understood against the political, cultural and institutional context in which it was shaped. Security and economic pressures, the precarious status of the Court in the early years, the pervading ethos of collectivism, the cultural symbolism of public land ownership and the perceived strategic and demographic risks posed by the Israeli Arab population - all contributed to the creation of a harsh and arguably undemocratic land expropriation legal philosophy. This philosophy, the book argues, was applied by the Supreme Court to Arabs and Jews alike from the creation of the state in 1948 and until the 1980s. The book concludes with an analysis of the constitutional change of 1992 and its impact on the legal treatment of property rights under Israeli law.


The State Versus The People

The State Versus the People PDF

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Author: Matthew Rendle
Publisher: Oxford University Press, USA
ISBN: 019884042X
Size: 29.39 MB
Format: PDF, Mobi
Category : History
Languages : en
Pages : 312
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Book Description: The State versus The People provides the first detailed account of the role of revolutionary justice in the early Soviet state. Law has often been dismissed by historians as either unimportant after the October Revolution amid the violence and chaos of civil war, or, in the absence of written codes and independent judges, little more than another means of violence alongside the secret police (Cheka). This is particularly true of the most revolutionary aspect of the new justice system, revolutionary tribunals--courts inspired by the French Revolution and established to target counter-revolutionary enemies. Yet the evidence put forward in this book paints a more complex picture. The Bolsheviks invested a great deal of effort and scarce resources in building an extensive system of tribunals that spread across the country and operated within the military and the transport network. At their peak, hundreds of tribunals heard hundreds of thousands of cases every year. Not all, though, ended in harsh sentences: some were dismissed through lack of evidence; others given a wide range of sentences; and others still, suspended sentences. Instances of early release and amnesty were also common. This book argues that law played a distinct and multi-faceted role for the Bolsheviks. Tribunals, in particular, stood at the intersection between law and violence, offering various advantages to the Bolsheviks by strengthening state control, providing a more effective means of educating the population about counter-revolution, and enabling a more flexible approach to punishing the state's enemies. All of this challenges traditional understandings of the early Soviet state, adding to our knowledge of the civil war and, ultimately, how the Bolsheviks held on to power.


Sport Culture And Society

Sport  Culture and Society PDF

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Author: Grant Jarvie
Publisher: Psychology Press
ISBN: 9780415306478
Size: 56.90 MB
Format: PDF, ePub, Docs
Category : Sports & Recreation
Languages : en
Pages : 414
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Book Description: This exciting new undergraduate textbook introduces the reader to the broad and complex relationship between sport, culture and society, and critically examines the key assumptions that we hold with regard to the nature of sport.


Law Legal Culture And Politics In The Twenty First Century

Law  Legal Culture and Politics in the Twenty First Century PDF

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Author: Günther Doeker-Mach
Publisher: Franz Steiner Verlag
ISBN: 9783515083171
Size: 64.26 MB
Format: PDF, ePub, Mobi
Category : Philosophy
Languages : en
Pages : 527
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Book Description: 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 .


Writings On Landscape Culture And Society

Writings on Landscape  Culture  and Society PDF

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Author: Frederick Law Olmsted, Jr.
Publisher:
ISBN: 9781598534528
Size: 69.54 MB
Format: PDF, ePub, Mobi
Category : Biography & Autobiography
Languages : en
Pages : 800
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Book Description: The biggest and best single-volume collection ever published of the fascinating and wide-ranging writings of a vitally important nineteenth century cultural figure whose work continues to shape our world today. Seaman, farmer, abolitionist, journalist, administrator, reformer, conservationist, and without question America's foremost landscape architect and urban planner, Frederick Law Olmsted (1822-1903) was a man of unusually diverse talents and interests, and the arc of his life and writings traces the most significant developments of nineteenth century American history. As this volume reveals, the wide-ranging endeavors Olmsted was involved in--cofounding The Nation magazine, advocating against slavery, serving as executive secretary to the United States Sanitary Commission (precursor to the Red Cross) during the Civil War, championing the preservation of America's great wild places at Yosemite and Yellowstone--emerged from his steadfast commitment to what he called "communitiveness," the impulse to serve the needs of one's fellow citizens. This philosophy had its ultimate expression is his brilliant designs for some of the country's most beloved public spaces: New York's Central Park, Prospect Park in Brooklyn, Boston's "Emerald Necklace," the Biltmore Estate in North Carolina, the grounds of the U.S. Capitol, garden suburbs like Chicago's Riverside, parkways (a term he invented) and college campuses, the "White City" of the 1893 World's Columbian Exposition, and many others. Gathering almost 100 original letters, newspaper dispatches, travel sketches, essays, editorials, design proposals, official reports, reflections on aesthetics, and autobiographical reminiscences, this deluxe Library of America volume is profusely illustrated with a 32-page color portfolio of Olmsted's design sketches, architectural plans, and contemporary photographs. It also includes detailed explanatory notes and a chronology of Olmsted's life and design projects.


Law Culture And Ritual

Law  Culture  and Ritual PDF

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Author: Oscar G Chase
Publisher: NYU Press
ISBN: 0814716792
Size: 42.83 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 224
View: 6688

Book Description: "Oscar G. Chase studies the American legal system in the manner of an anthropologist. By comparing American 'dispute ways' with those of other systems, including some commonly believed to be more 'primitive, ' he finds interesting similarities that challenge the premise that we live in a society regulated by a rational and just 'rule of law.'" --New York Law Journal"A witty and engaging endeavor. . . . A good contribution to our professional knowledge, and it is a must reading." --Law and Politics Book Review"After reading Law, Culture, and Ritual, no one could ever again think that our legal proceedings are nothing more than an efficient method of discovering truth and applying law. Oscar Chase effectively uses a comparative approach to help us to step back from our legal practices and see just how steeped in myths, rituals and traditions they are. Scholars will want to read this book for its contribution to comparative law, but everyone interested in American culture should read this book. Chase shows us that there is no separating law from culture: each informs and maintains the other. Law, Culture, and Ritual is a major step forward in the rapidly expanding field of the cultural study of law." --Paul Kahn, author of The Cultural Study of Law: Reconstructing Legal Scholarship"Having allowed ourselves to be convinced (wrongly) that we are the most litigious people in the world, Americans have become obsessed with finding (quick) cures. Oscar Chase's book sounds a salutary warning. By presenting striking comparative examples that shatter our parochialism, he forces us to examine the cultural roots of dispute processes." --Richard Abel, Connell Professor of Law, UCLA LawSchoolDisputing systems are products of the societies in which they operate - they originate and mutate in respons


People And Place

People and Place PDF

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Author: Jonathan Swainger
Publisher: UBC Press
ISBN: 0774840331
Size: 29.43 MB
Format: PDF
Category : Law
Languages : en
Pages : 256
View: 5235

Book Description: 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.


The Blackwell Companion To Law And Society

The Blackwell Companion to Law and Society PDF

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Author: Austin Sarat
Publisher: John Wiley & Sons
ISBN: 047069291X
Size: 16.75 MB
Format: PDF, Docs
Category : Social Science
Languages : en
Pages : 688
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Book Description: The Blackwell Companion to Law and Society is an authoritative study of the relationship between law and social interaction. Thirty-two original essays by an international group of expert scholars examine a wide range of critical questions. Authors represent various theoretical, methodological, and political commitments, creating the first truly global overview of the field. Examines the relationship between law and social interactions in thirty-three original essay by international experts in the field. Reflects the world-wide significance of North American law and society scholarship. Addresses classical areas and new themes in law and society research, including: the gap between law on the books and law in action; the complexity of institutional processes; the significance of new media; and the intersections of law and identity. Engages the exciting work now being done in England, Europe, Australia, and New Zealand, South Africa, Israel, as well as "Third World" scholarship.