Theory and Method in Socio Legal Research

Author: Reza Banakar
Publisher: Bloomsbury Publishing
ISBN: 9781847316912
Release Date: 2005-12-19
Genre: Law

Socio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science. The papers in this volume illustrate how a range of topics, including EU law, ombudsmen, judges, lawyers, Shariah Councils and the quality assurance industry can be researched from a socio-legal perspective. The objective of the collection is to show how different methods can be used in researching law and legal phenomena, how methodological issues and debates in sociology are relevant to the study of law, and the importance of the debate between "structural" and "action" traditions in researching law. It also approaches the methodological problem of how sociology of law can address the content of legal practice from a variety of perspectives and discusses the relationship between pure and applied research. The editors provide a critical introduction to each of the six sections, and a general introduction on law, sociology and method. The collection will provide an invaluable resource for socio-legal researchers, law school researchers and postgraduates.

Luhmann on Law and Politics

Author: Michael King
Publisher: Bloomsbury Publishing
ISBN: 9781847312143
Release Date: 2006-02-27
Genre: Law

Perhaps more than any other social theorist in recent history, Niklas Luhmann's work has aroused extreme, and often antagonistic, responses. It has generated controversies about its political implications, its resolute anti-humanism and its ambitious critique of more established definitions of society, social theory and sociology. Now, however, a steadily growing number of scholars working in many different disciplines have begun to use aspects of Luhmann's sociology as an important methodological stimulus and as a theoretical framework for reorientating their studies. This collection of essays includes critical and reconstructive contributions by a number of distinguished social theorists, political theorists, legal scholars and empirical sociologists. Together, they provide evidence of Luhmann's extensive and diverse relevance to the issues facing contemporary society, and, at the same time, they enhance our understanding of the challenges posed by his theoretical paradigm to more traditional conceptions of social theory.

Travels of the Criminal Question

Author: Dario Melossi
Publisher: Bloomsbury Publishing
ISBN: 9781847316257
Release Date: 2011-02-03
Genre: Social Science

The expression 'the criminal question' does not at present have much currency in English-language criminology. The term was carried across from Italian debates about the orientation of criminology, and in particular debates about what came to be called critical criminology. One definition offered early in the debate described it as 'an area constituted by actions, institutions, policies and discourses whose boundaries shift'. According to this writer, crime, and the cultural and symbolic significance carried by law and criminal justice, is an integral aspect of the criminal question. 'The criminal question' draws attention to the specific location and constitution of a given field of forces, and the themes, issues, dilemmas and debates that compose it. At the same time it enables connections to be made between these embedded realities and the wider, conceivably global, contours of influence and flows of power with which it connects. This in turn raises many questions. How far do the responses to crime and punishment internationally flow from and owe their contemporary shape to the cultural and economic transformations now widely known as 'globalisation'? How can something that is in significant ways embedded, situated, and locally produced also travel? What is not in doubt is that it does travel - and travel with serious consequences. The international circulation of discourses and practices has become a pressing issue for scholars who try to understand their operation in their own particular cultural contexts. This collection of essays seeks a constructive comparative view of these tendencies to convergence and divergence.

Rethinking Law Society and Governance

Author: Gary Wickham
Publisher: Hart Publishing
ISBN: 9781841132938
Release Date: 2001
Genre: Law

This set of essays engages with some aspects of Foucault's notion of governmentality, particularly at the junction where law/regulation meets the social. The social, as a special sphere of government, is a special area of concern for those working within broad intellectual spaces of the governmentality approach. Is it the basis of modern liberal systems of government? Is it dead, or even feeling unwell? Has it spawned hybrid forms of government like neo-liberalism, neo-conservatism, or even neo-socialism? In making their presence felt in the debates that have flourished around such questions, especially by highlighting the subtleties of the roles played by law and regulation in the governance of the social, the authors of the essays - David Brown; Jo Goodie; Russell Hogg and Kerry Carrington; Jeff Malpas; Pat O'Malley; George Pavlich; Annette Pedersen; Kevin Stenson; and William Walters - range widely. There are pieces on liberal government and resistance to it, some on particular targets of this government, like unemployment, crime, law and order, and even Australian geography, environment and cultural products, and some that delve into philosophical/methodological issues.

Law Society and Community

Author: Richard Nobles
Publisher: Routledge
ISBN: 9781317107293
Release Date: 2016-04-22
Genre: Law

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).

Muslim Women and Shari ah Councils

Author: S. Bano
Publisher: Springer
ISBN: 9781137283856
Release Date: 2012-11-14
Genre: Political Science

Using original empirical data and critiquing existing research, Samia Bano explores the experience of British Muslim woman who use Shari'ah councils to resolve marital disputes. She challenges the language of community rights and claims for legal autonomy in matters of family law showing how law and community can empower as well as restrict women.

Changing contours of domestic life family and law

Author: Anne Bottomley
Publisher: Hart Pub
ISBN: STANFORD:36105134481873
Release Date: 2009-04
Genre: Law

Drawing from a wide range of material and socio-legal methods, this collection brings together original essays, written by internationally renowned scholars, investigating emerging patterns in the shape and form of the legal regulation of domestic relations. Taking as a focus the theme of 'caring and sharing', the collection includes chapters which reflect on the changing contours of what we think of as 'domestic relations'; the impact which legal recognition carries in making visible some relationships rather than others; the potential for normative values carried within patterns of legal recognition and regulation; intersections between private law and public policy; the role of private law in the allocation of responsibility and privilege; the differential impact of seemingly progressive policies on economically vulnerable or socially marginal groupings; tensions between family law models and models carried within other fields of private law; and, unusually, architectures in law and the built environment designed to facilitate broader accounts of domestic relationships. This thoughtful, provocative and wide-ranging collection will be a must for anyone, whatever their discipline background, interested in the insights and potential offered by a fresh engagement with the complexity of domestic relations and the law. Authors: Anne Barlow, Anne Bottomley, Susan Boyd and Cindy Baldassi, Alison Diduck, Susan Scott-Hunt, Nan Seuffert, Carol Smart, Simone Wong and Claire Young.

The Geography of Law

Author: William M. Taylor
Publisher: Hart Pub Limited
ISBN: 1841135569
Release Date: 2006
Genre: Social Science

The essays in this collection relate notions of space and representations of interior and exterior spaces to concerns for individual identity and autonomy as these are framed by practices of governance or codified by law. They examine the manner in which imaginative frameworks forming an environment for human action are objectified through practices aimed at governing relations between people or conversely,the way in which legal codes and statutes rely upon there being a relationship between individuals and their surroundings. The Geography of Law brings together research from a range of disciplines to question how urban spaces, works of architecture and landscape, and representations of socio-legal ideas in texts, city plans and paintings, engage with the construction of identity, character and values, both historically and the present day. Essayists question the usefulness of space and regulation as categories of critical analysis, scrutinize familiar uses of these categories and invent new ones. This motivation behind the collection is based on an assumption that space and law carry moral worth and elicit moral considerations however variable their value might be. Contributors:Michael Austin (Professor of Architecture at the School of Architecture, Unitec, Auckland)Richard Blythe (Senior Lecturer at the School of Architecture, University of Tasmania, He is also a founding partner of the Sydney/Hobart based architectural practice Terroir)Michael Levine (Professor in the Department of Philosophy, University of Western Australia, Perth)Peter Kuch (Professor in the School of English, University of New South Wales, Sydney)John Macarthur (Senior Lecturer in the School of Geography, Planning and Architecture, University of Queensland, Brisbane)Kristine Miller (Assistant Professor in the Department of Landscape Architecture, University of Minnesota, Minneapolis)Richard Mohr (Co-director of the Legal Intersections Research Centre and Head of Postgraduate Studies in the Faculty of Law, University of Wollongong, Australia)George Pavlich (Professor of Sociology at the University of Alberta, Edmonton)William Taylor (Senior Lecturer in the Faculty of Architecture, Landscape and Visual Arts, University of Western Australia, Perth)

Women crime and social harm

Author: Oñati International Institute for the Sociology of Law
Publisher: Hart Pub
ISBN: UOM:39015079165315
Release Date: 2008-11-03
Genre: Law

This book of eleven chapters and an Introduction is by and about women, the harms and crimes to which they are subjected as a result of global social processes, and their efforts to take control of their own futures. The papers explore the criminogenic an

Encyclopedia of Law and Society

Author: David S. Clark
Publisher: SAGE Publications, Incorporated
ISBN: STANFORD:36105134433536
Release Date: 2007-07-10
Genre: Social Science

The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. With an Advisory Board of 62 members from 20 countries and six continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia's coverage, American and international law and society will be better understood within its historical and comparative context.

Juvenile law violators human rights and the development of new juvenile justice systems

Author: Oñati International Institute for the Sociology of Law
Publisher: Hart Publishing
ISBN: 1841136360
Release Date: 2006
Genre: Law

This volume brings together scholars and practitioners specialising in juvenile justice from the US and Europe alongside scholars from Africa and Asia who are working on human rights issues in developing countries or countries in transition. The book presents two types of papers: descriptive and analytical academic papers on whole systems of juvenile justice or aspects of those systems (e.g., aftercare, restorative justice, etc.) and papers which deal with efforts to promote reform through international activity (PRI, DCI, DIHR), and through efforts to utilise modern theory in national reforms in developing countries (Malawi, Nepal, and Serbia) or in countries experiencing current or recent political and systemic changes or developments (South Africa, Germany, and Poland). The volume is also intended to throw light on recent trends in juvenile crime in various countries, the relationship between actual developments and popular and political perceptions and reactions to such developments (including efforts to find alternatives to the incarceration of young offenders). A streak of new moralism is clearly discernable as a counteracting force against more humane reform efforts. The volume throws light on developments in the actual parameters of juvenile offending, public and political demands for security and public intervention, and measures to provide interventions which are at the same time compatible with international human rights instruments.

Interdisziplin re Rechtsforschung

Author: Christian Boulanger
Publisher: Springer VS
ISBN: 3658219890
Release Date: 2019-01-04
Genre: Social Science

Der Band bietet eine Einführung in die Rechtssoziologie und die interdisziplinäre Rechtsforschung, die sich im Anschluss an die Socio-legal Studies und die Law and Society-Forschung im angelsächsischen Raum auch im deutschsprachigen Raum herausbildet. Die 16 Beiträge erschließen in exemplarischer Weise die theoretischen, methodischen und inhaltlichen Grundlinien der Beforschung von Recht in den verschiedenen wissenschaftlichen Disziplinen – darunter z.B. Soziologie, Politikwissenschaft, Rechtswissenschaft, Kriminologie, Ethnologie und Philosophie. Sie geben den LeserInnen einerseits einen fundierten Überblick im Sinne einer Bestandsaufnahme. Andererseits werden zentrale Fragestellungen zukünftiger Forschungen und damit Perspektiven des Feldes skizziert. Neben den theoretischen und methodischen Grundlagen der Rechtsforschung entsteht so anhand von beispielhaften Forschungsfragen ein multiperspektivisches Bild der wissenschaftlichen Befassung mit Recht als sozialem Phänomen in den verschiedenen Disziplinen. Der Schwerpunkt liegt dabei auf empirischen, zeitgenössischen und gesellschaftswissenschaftlichen Fragestellungen in den Bereichen „Funktion, Genese und Wirkung Recht“, „Anwendung und Durchsetzung von Recht“ sowie „Wandel von Recht“. Hierin zeigt sich der Charakter der interdisziplinären Rechtsforschung als einer Grundlagendisziplin, die auf eine lange Forschungstradition in Rechtssoziologie, Rechtstatsachenforschung und Rechtswirkungsforschung aufbaut. Die HerausgeberInnen Dr. Christian Boulanger ist Wissenschaftlicher Mitarbeiter an der Humboldt-Universität zu Berlin. Dr. Julika Rosenstock ist Wissenschaftliche Angestellte der Hamburger Stiftung zur Förderung von Wissenschaft und Kultur. Prof. Dr. Tobias Singelnstein lehrt an der Ruhr-Universität Bochum.