Living Law

Reconsidering Eugen Ehrlich

Author: Marc Hertogh

Publisher: Bloomsbury Publishing

ISBN: 1847314775

Category: Law

Page: 292

View: 9916

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This collection of essays is the first edited volume in the English language which is entirely dedicated to the work of Eugen Ehrlich. Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many as one of the 'founding fathers' of modern sociology of law. Although the importance of his work (including his concept of 'living law') is widely recognised, Ehrlich has not yet received the serious international attention he deserves. Therefore, this collection of essays is aimed at 'reconsidering' Eugen Ehrlich by bringing together an interdisciplinary group of leading international experts to discuss both the historical and theoretical context of his work and its relevance for contemporary law and society scholarship. This book has been divided into four parts. Part I of this volume paints a lively picture of the Bukowina, in southeastern Europe, where Ehrlich was born in 1862. Moreover it considers the political and academic atmosphere at the end of the nineteenth century. Part II discusses the main concepts and ideas of Ehrlich's sociology of law and considers the reception of Ehrlich's work in the German speaking world, in the United States and in Japan. Part III of this volume is concerned with the work of Ehrlich in relation to that of some his contemporaries, including Roscoe Pound, Hans Kelsen and Cornelis van Vollenhoven. Part IV focuses on the relevance of Ehrlich's work for current socio-legal studies. This volume provides both an introduction to the important and innovative scholarship of Eugen Ehrlich as well as a starting point for further reading and discussion.

Dealing with Wars and Dictatorships

Legal Concepts and Categories in Action

Author: Liora Israel,Guillaume Mouralis

Publisher: Springer Science & Business Media

ISBN: 9067049301

Category: Law

Page: 269

View: 2285

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Democratic ‘transitions’ in Latin America, Eastern Europe, and South Africa, often studied under the conceptual rubric of ‘transitional justice’, have involved the formation of public policies toward the past that are multifaceted and often ambitious. Recent scholarship rarely questions the concepts and categories transposed from one country to another. This is true both in the language of political life and in the social sciences examining past-oriented public policy, especially policy toward ‘ethnic cleansing’ and the line between the language of political practice, legal analysis, and scholarly discourse has been quite porous. This book examines how these phenomena have been described and understood by focusing recent processes, such as the advent of international criminal justice, in relation to previous postwar and recent purges. By crossing disciplinary approaches and periods, the authors pay attention to three main aspects: the legal or political concepts used (and/or the ones mobilized in the academic work); the circulation of categories, know-how, and arguments; the different levels that can shed light on transitions.

Nobody's Law

Legal Consciousness and Legal Alienation in Everyday Life

Author: Marc Hertogh

Publisher: Springer

ISBN: 1137603976

Category: Social Science

Page: 215

View: 2911

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Nobody’s Law shows how people – who are disappointed, disenchanted, and outraged about the justice system – gradually move away from law. Using detailed case studies and combining different theoretical perspectives, this book explores the legal consciousness of ordinary people, businessmen, and street-level bureaucrats in the Netherlands. The empirical research in this study tells an original and alternative narrative about the role of law in everyday life. While previous studies emphasize the law’s hegemony and argue that it’s ‘all over’, Hertogh shows that legal proliferation makes it harder for people to know, and subsequently identify with, the law. As a result, official law has become increasingly remote and irrelevant to many people. The central finding presented in this highly topical text is that these developments signal a process of ‘legal alienation’— a gradual and mundane process with potentially serious consequences for the legitimacy of law. A timely and original study, this book will be of particular interest to scholars in the fields of law and society, socio-legal studies and legal theory.

Law after Modernity

Author: Sionaidh Douglas Scott

Publisher: Bloomsbury Publishing

ISBN: 1782251197

Category: Law

Page: 428

View: 5047

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How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions. However, Law After Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved. The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, is illustrated throughout with works of art and visual representations, which serve to re-enforce the messages of the book.

Dialogues on Human Rights and Legal Pluralism

Author: René Provost,Colleen Sheppard

Publisher: Springer Science & Business Media

ISBN: 9400747101

Category: Law

Page: 290

View: 1161

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Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.

Challenging Gender Inequality in Tax Policy Making

Comparative Perspectives

Author: Kim Brooks,Šsa Gunnarson,Lisa Philipps,Maria Wersig

Publisher: Bloomsbury Publishing

ISBN: 1847316549

Category: Law

Page: 318

View: 5370

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This volume takes a critical look at the gender of tax policy around the world. Contributors based in eight different countries examine the profound effects that gender norms and practices have had in shaping tax law and policy, and how taxation in turn impacts upon the possibilities for equality along gender, race, class, sexuality and other lines. Chapters explore how the gendered fiscal state might be theorised; how structural choices about rates and bases in tax policy design contribute to gender inequality; how tax policy affects family configurations and perceptions of what constitutes family; how fiscal systems impact on savings and wealth accumulation by women and men; and the role of different policy-making processes and institutions in occluding and sometimes challenging these patterns. Most significantly, perhaps, the book explores these questions in an international frame, traversing countries and continents. The conclusion: fiscal policy has deep rooted, long standing gender implications that affect virtually every aspect of our social, political, and economic lives whether we live in Canada, Australia or Kenya.

Adapting Legal Cultures

Author: David Nelken,Johannes Feest

Publisher: Bloomsbury Publishing

ISBN: 1847312101

Category: Law

Page: 288

View: 1309

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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

Confronting Gouldner

Sociology and Political Activism

Author: James J. Chriss

Publisher: BRILL

ISBN: 9004232427

Category: Social Science

Page: 280

View: 683

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In Confronting Gouldner James J. Chriss analyses the critical theory of sociologist Alvin W. Gouldner, exploring such issues as social justice, marriage and family, religion, political activism, public sociology, deviance and crime, and the problem of the communist dictator.

Collective Bargaining and Collective Action

Labour Agency and Governance in the 21st Century?

Author: Julia López López

Publisher: Hart Publishing

ISBN: 9781509923168

Category: Collective bargaining

Page: 192

View: 7908

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This book offers a unique contribution that examines major recent changes in conflict, negotiation and regulation within the labour relations systems and related governance institutions of advanced societies. The broad scope of analysis includes social welfare institutions, new forms of protest including judicialisation, transnational structures, and collective bargaining itself. As the distinguished group of participating authors show, the accumulation of numerous crucial changes in the interactions of unions, employers, political parties, courts, protestors, regulators - and other key actors - makes it imperative to reframe the study of collective bargaining and related forms of governance. The shifting dynamics include the growing relevance of multi-level interactions involving transnational entities, states and regions; the increasing tendency of workers and unions to turn to the courts as part of their overall strategy; new forms of solidarity among workers; and the emergence of new populist and nationalist actors. At the same time, sectors of the workforce that feel underrepresented by existing institutions have contributed to new types of protest and 'agency'. Building on classic debates, the book offers new theoretical and practical approaches that insert the study of collective bargaining into the analysis of governance, solidarity, conflict and regulation, broadly construed.

Muslim Laws, Politics and Society in Modern Nation States

Dynamic Legal Pluralisms in England, Turkey and Pakistan

Author: Ihsan Yilmaz

Publisher: Routledge

ISBN: 1351916246

Category: Law

Page: 272

View: 1892

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Drawing on theories of legal pluralism, this book tests whether and to what extent claims of the modern nation-state laws to exclusive dominance over other spheres are tenable, and reassesses the operation of law in society. Incorporating a combination of legal theory, post-modern critique and socio-legal analysis of three current jurisdictions in which Muslims play an important role, the volume identifies Muslims' current socio-legal situation and attitudes from different perspectives and reconciles them with modern legal systems in three key countries. It analyzes the conflict between the assumptions of modern legal systems and plural legal realities, and also examines attempts by modern legal systems to impose official laws in the face of resistance from unofficial Muslim laws and discusses possible responses to the challenge of dynamic Muslim legal pluralism. A valuable resource for students, researchers and academics with an interest in the areas of Islamic law and politics, and the interplay between secular law and religious/cultural traditions.

Eugen Ehrlich's Sociology of Law

Author: Knut Papendorf,Stefan Machura,Anne Hellum

Publisher: LIT Verlag Münster

ISBN: 3643904940

Category: Law

Page: 259

View: 6158

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The work of Eugen Ehrlich (1862-1922) is directly relevant for an understanding of law in society and of the role of sociology of law. Today, it is possible to see behind the smokescreen of historical debates and to assess Ehrlich's key ideas in the light of today's problems. The coexistence of state and local law still challenges lawyers and decision-makers. Ehrlich suggests sociology of law as an instrument to address social and legal problems that supplements standard legal methodology. The articles in this book place Eugen Ehrlich in the context of his times, outline the international reception of ~his work, and show the relevance of his thoughts for contemporary issues. (Series: Society and Law / Gesellschaft und Recht - Vol. 8) [Subject: Socio-Legal Studies, Legal History]

Life Imprisonment and Human Rights

Author: Dirk van Zyl Smit,Catherine Appleton

Publisher: Bloomsbury Publishing

ISBN: 1509902228

Category: Social Science

Page: 544

View: 8133

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In many jurisdictions today, life imprisonment is the most severe penalty that can be imposed. Despite this, it is a relatively under-researched form of punishment and no meaningful attempt has been made to understand its human rights implications. This important collection fills that gap by addressing these two key questions: namely, what is life imprisonment and what human rights are relevant to it? These questions are explored from the perspective of a range of jurisdictions, in essays that draw on both empirical and doctrinal research. Under the editorship of two leading scholars in the field, this innovative and important work will be a landmark publication in the field of penal studies and human rights.

Social and Legal Norms

Towards a Socio-legal Understanding of Normativity

Author: Matthias Baier

Publisher: Routledge

ISBN: 1317054091

Category: Law

Page: 364

View: 786

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In an era where new areas of life and new problems call for normative solutions while the plurality of values in society challenge the very basis for normative solutions, this book looks at a growing field of research on the relations between social and legal norms. New technologies and social media offer new ways to communicate about normative issues and the centrality of formal law and how normativity comes about is a question for debate. This book offers empirical and theoretical research in the field of social and legal norms and will inspire future debate and research in terms of internationalization and cross-national comparative studies. It presents a consistent picture of empirical research in different social and organizational areas and will deepen the theoretical understanding regarding the interplay between social and legal norms. Including chapters written from four different aspects of normativity, the contributors argue that normativity is a result of combinations between law in books, law in action, social norms and social practice. The book uses a variety of different international examples, ranging from Sweden, Uzbekistan, Colombia and Mexico. Primarily aimed at scholars in sociology of law, socio-legal studies, law and legal theory, the book will also interest those in sociology, political science and psychology.

Human Rights Encounter Legal Pluralism

Normative and Empirical Approaches

Author: Giselle Corradi,Eva Brems,Mark Goodale

Publisher: Bloomsbury Publishing

ISBN: 1849467714

Category: Law

Page: 272

View: 6413

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This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.

Comparative Perspectives on the Theory and Practice of Preventive Detention

Author: Christopher Michaelsen

Publisher: Hart Publishing

ISBN: 9781849467421

Category: Law

Page: 276

View: 6041

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Preventive coercive measures are an increasingly common and controversial feature of the legal landscape in many countries. Examples include the preventive detention of 'dangerous' individuals after the expiration of their sentences, the involuntary commitment of 'dangerous' individuals to mental institutions purely to protect the public and the preventive detention of suspected terrorists not charged with any crimes. The practice raises a range of important and inter-related legal, criminological, moral, sociological and forensic-psychiatric questions. For instance, it is generally based on the probability, not the certainty, of future harmful conduct by individuals, making it likely that individuals who are not 'dangerous' will be mistakenly subjected to preventive detention and raising the question of how to determine whether individuals are, in fact, 'dangerous'. This book addresses the political and legal theory on criminal justice and preventive detention. It contains case studies of more than 20 jurisdictions in Europe, North America, Latin America and Australia/New Zealand as well as international human rights law perspectives. It is the first collection of essays addressing this complex issue from a truly comparative perspective and brings together internationally renowned scholars from different disciplinary backgrounds to explore a topic which has generally been under-researched.

Fundamental Principles of the Sociology of Law

Author: Eugene Ehrlich

Publisher: Routledge

ISBN: 1351518348

Category: Social Science

Page: N.A

View: 8176

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The innovative and revolutionary scholarship of the eminent Austrian legal theorist and professor of Roman law, Eugen Ehrlich (1862-1922), is of a very high caliber. His work has not only held its place well in view of what legal theory, especially sociological legal theory, has to offer, but is also still a powerful challenge to positions in legal theory that are no longer defensible. The sociology of law has followed in a direct line of succession from Ehrlich's observations and ideas as a new and special discipline linking jurisprudence with sociology.

Living Law

Studies in Legal and Social Theory

Author: Roger Cotterrell

Publisher: Routledge

ISBN: 1351559982

Category: Law

Page: 416

View: 3417

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Living Law presents a comprehensive overview of relationships between legal and social theory, and of current approaches to the sociological study of legal ideas. It explores the nature of legal theory and sociolegal studies today as teaching and research fields, and the work of many of the major sociolegal theorists. In addition, it sets out the author's distinctive approach to sociological analysis of law, applying this in a range of studies in specific legal fields, such as the law of contract, property and trusts, constitutional analysis, and comparative law.

Temporary Labour Migration in the Global Era

The Regulatory Challenges

Author: Joanna Howe,Rosemary Owens

Publisher: Bloomsbury Publishing

ISBN: 1509906312

Category: Law

Page: 440

View: 6779

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In the global era, controversies abound over temporary labour migration; however, it has not previously been subjected to a sustained socio-legal analysis on a comparative basis, critiquing the underpinning concepts conventionally accepted as fundamental in this area. This collection of essays aims to fill that void. Complex regulatory challenges arise from temporary labour migration. This collection examines these challenges and the extent to which temporary labour migration programmes can be ethical, equitable and efficacious and so deliver decent work for workers. Whilst the tendency for migration law to divide labour law's worker-protective mission has been observed before, the authors of the chapters comprising this collection seek not only to interrogate why and how this is so, but to go further in examining the implications and effects of a wide range of regulatory mechanisms on temporary labour migration.