Sociology of Law

Visions of a Scholarly Tradition
Author: Mathieu Deflem
Publisher: Cambridge University Press
ISBN: 1139469789
Category: Social Science
Page: N.A
View: 8536

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Since the classic contributions of Weber and Durkheim, the sociology of law has raised key questions on the place of law in society. Drawing together both theoretical and empirical themes, in this book Mathieu Deflem reviews the field's major accomplishments and reveals the value of the multiple ways in which sociologists study the social structures and processes of law. He discusses both historical and contemporary issues, from early theoretical foundations and the work of Weber and Durkheim, through the contribution of sociological jurisprudence, to the development of modern perspectives to clarify how sociologists study law. Chapters also look at the role of law in relation to the economy, politics, culture, and the legal profession; and aspects of law enforcement and the globalization of law. This book will appeal to scholars and students of the sociology of law, jurisprudence, social and political theory, and social and political philosophy.

The Foundations of International Investment Law

Bringing Theory into Practice
Author: Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales
Publisher: OUP Oxford
ISBN: 0191508586
Category: Law
Page: 586
View: 7161

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International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.

Classic Writings in Law and Society

Second Edition, Revised and Expanded
Author: A. Javier Trevino
Publisher: Transaction Publishers
ISBN: 1412844606
Category: Social Science
Page: 388
View: 6446

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This volume consists of outstanding essays by contemporary scholars and specialists on classic writings in law and society. This second edition expands the previous volume by adding additional statements. Included are commentaries on Edward A. Ross’s Social Control: A Survey of the Foundations of Order, Karl N. Llewellyn’s Jurisprudence: Realism in Theory and Practice, Jerome Frank’s Law and the Modern Mind, Leon Petrazycki’s Law and Morality, and Karl Renner’s The Institutions of Private Law and their Social Functions. The goal of Classic Writings in Law and Society is to acquaint a new generation of students with classic writings by diverse social and legal scholars—ranging from Henry Sumner Maine, Oliver Wendell Holmes, Jr., and Hans Kelsen to Eugen Ehrlich, Nicholas S. Timasheff, and Richard Quinney. This work continues to demonstrate their contemporary theoretical relevance. Accordingly, each chapter speaks of the scholars’ work in general, how the particular book under consideration fits into that corpus, and how the book is assessed in a present day context. These essays have a clear relation to the "classic" tradition in sociolegal thought. Reading the classics is useful in gaining a better understanding and appreciation of the essential foundation for a post-classic approach in law and social inquiry—an approach that can be found in such orientations as critical legal studies, chaos theory in law, and legal semiotics. Classic Writings in Law and Society includes commentaries that consider early writings that set the standard for the social scientific approach in examining issues of law and punishment, social control, joint stock companies, business firms and nation-states in the study of law and society.

On Folkways and Mores

William Graham Sumner Then and Now
Author: Philip D. Manning
Publisher: Transaction Publishers
ISBN: 1412853184
Category: Social Science
Page: 245
View: 2387

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William Graham Sumner is remembered primarily as an opponent of government intervention in social and economic issues. Focusing on Folkways (1906), this book examines Sumner’s fundamental work as a comparative ethnographer with an appreciation for the rules and rituals that regulate everyday behavior. In Folkways, Sumner developed classifications and an array of sociological concepts that continue to influence the discipline today. This new book presents key excerpts from Folkways as well as three of Sumner’s other classic essays. It also includes five original essays by contemporary authorities that explain and explore Sumner’s importance and influence. By linking Sumner’s work to contemporary research about social control, the sociology of law, and sociological theory, these new essays confirm his status as a foundational thinker in the field. Sumner offers an elegant conceptual schema with which to analyze the moral codes of in- and out-groups. His extensive use of comparative anthropological data demonstrates a qualitative methodology that can easily be applied to the analysis of contemporary American society. This volume includes contributions by Jonathan B. Imber, Howard G. Schneiderman, and A. Javier Treviño.

Understanding Law and Society


Author: Max Travers
Publisher: Routledge
ISBN: 1135248451
Category: Law
Page: 240
View: 5562

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This textbook on the sociology of law is organised according to the theoretical traditions of sociology, and oriented towards providing an accessible, but sophisticated, introduction to, and overview of, the central themes, problems and debates in this field. The book employs an international range of examples - including the state, minority rights, terrorism, family violence, the legal profession, pornography, mediation, religious tolerance, and euthanasia - in order to distinguish a sociological approach to law from 'black-letter', jurisprudential and empirical policy-oriented traditions. Beginning with 'classical', 'consensus' and 'critical' sociological approaches, the book covers the full range of contemporary perspectives, including the new institutionalism, feminism, the interpretive tradition, postmodernism, legal pluralism and globalisation. It then concludes with a consideration of current theoretical issues, as well as a reflection upon the importance of a sociological approach to law. Understanding Law and Society provides a clear, but critical, discussion of the relevant literature, along with study questions and guides to further reading. It is designed to support courses in law and society and in the sociology of law, but will also be of value to others with interests in these areas.

Crimes of Power & States of Impunity

The U.S. Response to Terror
Author: Michael Welch
Publisher: Rutgers University Press
ISBN: 0813546508
Category: Social Science
Page: 256
View: 8584

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Since 9/11, a new configuration of power situated at the core of the executive branch of the U.S. government has taken hold. In Crimes of Power & States of Impunity, Michael Welch takes a close look at the key historical, political, and economic forces shaping the country's response to terror. Welch continues the work he began in Scapegoats of September 11th and argues that current U.S. policies, many enacted after the attacks, undermine basic human rights and violate domestic and international law. He recounts these offenses and analyzes the system that sanctions them, offering fresh insight into the complex relationship between power and state crime. Welch critically examines the unlawful enemy combatant designation, Guantanamo Bay, recent torture cases, and collateral damage relating to the war in Iraq. This book transcends important legal arguments as Welch strives for a broader sociological interpretation of what transpired early this century, analyzing the abuses of power that jeopardize our safety and security.

Still Dying for a Living

Corporate Criminal Liability after the Westray Mine Disaster
Author: Steven Bittle
Publisher: UBC Press
ISBN: 0774823615
Category: Law
Page: 268
View: 8870

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In 1992, a preventable explosion at the Westray Mine in Plymouth, Nova Scotia, killed twenty-six miners. More than a decade later, the government enacted Bill C-45, commonly known as the Westray bill, to hold organizations criminally liable for seriously injuring and killing workers and the public. In Still Dying for a Living, Steven Bittle turns a critical eye on the Westray bill, revealing how legal, economic, and cultural discourses surrounding the bill downplayed the seriousness of workplace injury and death, effectively characterizing these crimes as regrettable but largely unavoidable accidents and in the process obscuring their underlying causes.

Eine kurze Geschichte der Menschheit


Author: Yuval Noah Harari
Publisher: DVA
ISBN: 364110498X
Category: History
Page: 528
View: 4592

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Krone der Schöpfung? Vor 100 000 Jahren war der Homo sapiens noch ein unbedeutendes Tier, das unauffällig in einem abgelegenen Winkel des afrikanischen Kontinents lebte. Unsere Vorfahren teilten sich den Planeten mit mindestens fünf weiteren menschlichen Spezies, und die Rolle, die sie im Ökosystem spielten, war nicht größer als die von Gorillas, Libellen oder Quallen. Vor 70 000 Jahren dann vollzog sich ein mysteriöser und rascher Wandel mit dem Homo sapiens, und es war vor allem die Beschaffenheit seines Gehirns, die ihn zum Herren des Planeten und zum Schrecken des Ökosystems werden ließ. Bis heute hat sich diese Vorherrschaft stetig zugespitzt: Der Mensch hat die Fähigkeit zu schöpferischem und zu zerstörerischem Handeln wie kein anderes Lebewesen. Anschaulich, unterhaltsam und stellenweise hochkomisch zeichnet Yuval Harari die Geschichte des Menschen nach und zeigt alle großen, aber auch alle ambivalenten Momente unserer Menschwerdung.

An Introduction to the Sociology of Law


Author: Dragan Milovanovic
Publisher: N.A
ISBN: 9781881798408
Category: Law
Page: 315
View: 8740

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This completely revised edition updates and expands coverage of the new postmodernist and semiotic theories, while providing clear and concise summaries of other contemporary and classic theorists.

Law/Society

Origins, Interactions, and Change
Author: John Sutton
Publisher: Pine Forge Press
ISBN: 9780761987055
Category: Family & Relationships
Page: 301
View: 3889

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Foundations of the Sociology of Law provides a conceptual framework for thinking about the full range of topics within the sociology of law discipline. The book: contrasts normative and sociological perspectives on law; presents a primer on the logic of research and inference as applied to law related issues; examines theories of legal change; and discusses law in action with specific reference to civil rights legislation.

The Blackwell Companion to Law and Society


Author: Austin Sarat
Publisher: Wiley-Blackwell
ISBN: 9780631228967
Category: Social Science
Page: 692
View: 6122

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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.

Choice

Publication of the Association of College and Research Libraries, a Division of the American Library Association
Author: N.A
Publisher: N.A
ISBN: N.A
Category: Academic libraries
Page: N.A
View: 5014

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Kessl

a new jurisprudence of land reform in Namibia?
Author: Sidney L. Harring,Willem Odendaal
Publisher: N.A
ISBN: N.A
Category: Eminent domain
Page: 84
View: 1796

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Sociological Approaches to Law


Author: Adam Podgórecki,Christopher J. Whelan
Publisher: Taylor & Francis
ISBN: 9780709927013
Category: Sociological jurisprudence
Page: 251
View: 987

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Law and Globalization from Below

Towards a Cosmopolitan Legality
Author: Boaventura de Sousa Santos,César A. Rodríguez-Garavito
Publisher: Cambridge University Press
ISBN: 9781139446143
Category: Political Science
Page: N.A
View: 7299

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This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.