new directions in legal theory
Author: Alan William Norrie
Publisher: Edinburgh Univ Pr
Starting from concrete legal issues, Alan Norrie develops a critical vision of law in its relation to morality and socio-historical context. Traced historically, the conflicts he describes can be read today in law's treatment of legality and justice, judgment and responsibility. Joint winner of the Hart / Socio-Legal Studies Association Book Prize 2006.
Author: Alan Norrie,Edmund Davies Professor of Criminal Law and Justice Alan Norrie
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).
Socio-Legal Essays in Honour of Roger Cotterrell
Author: Richard Nobles,David Schiff
Nicola Lacey's book presents a feminist critique of law based on an analysis of the ways in which the very structure or method of modern law is gendered. All of the essays in the book therefore engage at some level with the question of whether there are things of a general nature to be said about what might be called the sex or gender of law. Ranging across fields including criminal law,public law and anti-discrimination law, the essays examine the conceptual framework of modern legal practices: the legal conception of the subject as an individual; the concepts of equality, freedom, justice and rights; and the legal construction of public and private realms and of the relations between individual, state and community. They also reflect upon the deployment of law as a means of furthering feminist ethical and political values. At a more general level, the essays contemplate the relationship between feminist and other critical approaches to legal theory; the relationship between the ideas underlying feminist legal theory and those informing contemporary developments in social and political theory; and the nature of the relationship between feminist legal theories and feminist legal politics. The essays in this book tell the story of an intellectual journey which has led the author to question some of the central assumptions of traditional legal education and scholarship. They also set out a distinctive vision of jurisprudence as a form of critical social theory.
Feminist Essays in Legal and Social Theory
Author: Nicola Lacey
Publisher: Bloomsbury Publishing
Although most law schools recognise the value of introducing students to a broader sociological perspective on law, this usually falls short of a full engagement with sociology as an academic discipline. This book introduces a wide range of sociological traditions, and how they can be used in investigating law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, structural functionalism and systems theory, critical approaches, interpretive approaches, postmodernism, and pluralism and globalisation, and a conclusion that discusses the relationship between law and sociology. Each of the chapters is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. CONTENTS: Introduction (Reza Banakar and Max Travers) 1. CLASSICAL SOCIOLOGY AND LAW: The Problematization of Law in Classical Social Theory (Alan Hunt); Sociological Jurisprudence (Reza Banakar) 2. STRUCTURAL FUNCTIONALISM AND SYSTEMS THEORY: The Thick Description of Law: An Introduction to Niklas Luhmann's Theory (Klaus A. Ziegert); Jurgen Habermas and the Sociology of Law (Bo Carlsson) 3. CRITICAL APPROACHES: Marxism and the Social Theory of Law (Robert Fine); Sharing the Paradigms? CLS and the Sociology of Law (Jiri Priban), Feminist Legal Theory (Ruth Fletcher); A Race and Gendered Organisational Logic in Law Firms (Jennifer Pierce); Putting Gender and Sexuality on the Agenda (Nico J Beger); The Power of the Legal Field (Mikael R. Madsen and Yves Dezalay) 4. INTERPRETIVE APPROACHES: Symbolic Interactionism and Law (Max Travers); Ethnomethodology and Law (Robert Dingwall) 5. POSTMODERNISM: Foucault and Law (Gary Wickham); Postmodernism and Common Law (Shaun McVeigh) 6. LEGAL PLURALISM (Anne Griffiths); Globalistion and Law (John Flood); Comparative Sociology of Law (David Nelken) CONCLUSIONS: Law and Sociology (Reza Banakar and Max Travers).
Author: Reza Banakar,Max Travers
Publisher: Hart Pub
This text explores the present state and future prospects of the legal pluralist paradigm. Its goal is to identify the most fertile dimensions of that paradigm for theorizing the future of law, for conditions where the liberal concept of law is contested by a range of socio-cultural perspectives.
Toward a Multicultural Conception of Law
Author: Warwick Tie
Publisher: Ashgate Pub Limited
`The book is a unique combination of criminology, politics and philosophy which can be recommended' - Network, Newsletter of the British Sociological Association `Hudson's Justice in the Risk Society is stunning in the depth and breadth of its scholarship. In examining the challenges the risk society presents for established conceptions of justice she compels a profound rethinking of what justice does, and can, mean. Her analysis will frame and inspire future debate' - Clifford Shearing, Professor, Law Program, Research School of Social Science, Australian National University `Remarkably comprehensive, ambitious in its scope and morally compelling. Barbara Hudson draws skilfully from a wide range of frameworks... She asks fundamental questions about the nature of justice and argues for a radical rethink of liberalism. She explores complex subject matter in a clear and accessible fashion. This excellent book will surely reinvigorate theoretical thinking on the nature of punishment for years to come' - Kieran McEvoy, Professor of Law and Transitional Justice, School of Law, Queen's University Belfast 'The book makes an important contribution to the development of new perspectives on justice and provides a rigorous analysis of political and ethical theories that will be highly relevant to criminology and penology students, academics, criminal justice practitioners and policy makers' - SOCLAG Legal Journal How much of a threat does society's preoccupation with `risk' pose to the ideal of `justice'? Innovations in control and in penal policy are increasingly dominated by the theme of public protection, motivated by the aim of controlling risk rather than the aim of enhancing social justice. In Justice in the Risk Society, Barbara Hudson outlines traditional liberal perspectives on justice, risk and security, as well as addressing some key concerns, including: · the challenges to justice: the politics of risk and safety · communitarian and feminist political and ethical theories · how to use current theories and perspectives such as Habermas's discourse ethics and postmodern perspectives on justice · how to develop new methods of re-affirming and reconstructing theories and institutions of justice The book concludes with analysis of two of the most important elements of justice for late-modernity: discursiveness and human rights. Justice in the Risk Society provides theoretical analysis with a discussion of policies, and arguments are illustrated by cases and examples. The book reviews political and ethical theories in a way that is highly relevant and accessible to criminology and penology students, practitioners and academics, as well as making an original contribution to the development of new perspectives on justice.
Challenging and Re-affirming 'Justice' in Late Modernity
Author: Barbara Hudson
Publisher: SAGE Publications Limited
Category: Social Science
This book provides an accessible introduction to jurisprudence and legal theory. It sets out a course of study that offers a highly effective series of introductions into a wide variety of theories and theoretical perspectives, from traditional approaches such as Natural Law to modern onessuch as Feminist Theory, Economic Analysis of Law and Foucault and Law, _ The book is designed for students of jurisprudence and legal theory, but it will also assist those studying law and legal systems within courses on Political Science, Philosophy and Sociology.
commentary and materials
Author: Anne Barron
Publisher: Oxford University Press, USA
Philosophically, this text aims to express a simple, if forgotten, truth which is expressed in the philosophical work of Emmanuel Levinas: justice (be it state justice or informal one) is not possible without the one that renders it finding himself caught in proximity. The book examines various situations arising in the context of medical law and medical ethics in both the English and North American contexts. Looking closely at the suffering involved in controversial legal cases of euthanasia, withdrawal of life support from comatose patients, treating elderly patients without consent and sterilization of incompetent patients, the book engages the law with some of Emmanuel Levinas's key notions. Moreover, the work attempts to explain the general aspects of judicial policy in relation to patients and doctors. The author's purpose is to show that the inappropriate use of legal doctrine and the political instrumentalization of medicine can only occur effectively in conditions in which both the legal and medical practices are ethically disorientated.
Modern Law, Philosophy and Medicine
Author: Marinos Diamantides
Publisher: Ashgate Pub Limited
Drawing from private and public law areas, the author shows how the non-lawyer becomes aggrieved to the legal discourse itself and how it is possible to retrieve the concealed embodied meanings of the non-knower.
The Juridical Production and the Disclosure of Suffering
Author: William E. Conklin
Publisher: Dartmouth Publishing Company
This book offers an original and challenging reading of the 'crimino-legal complex' - criminology, criminal justice, criminal law, the media and everyday experiences - in the light of cultural studies and feminist theory.Through an exploration of the crisis engendered by the failure of the crimino-legal complex to solve the problems of crime and criminality, Alison Young exposes the cultural dimension of its institutions and practices. She analyzes the far-reaching effects of the cultural value given to crime, showing it to be rooted in a powerful nexus of the body, language, the community and everyday life.Imagining Crime examines a number of key events and issues which have signalled shifts in the representation of crime. These include: criminology's resistance to feminist intervention; the pleasures of reading detective fiction; ambiguities of victimization and social justice in the city; sacrificial structures in the law's response to conjugal homicide; policing the ethnicity of the 'illegal' immigrant; defensive responses to the limits of representation in the Bulger affair; the governmental strategies of campaigns against single mothers; and the fatalism of the spectacle of HIV/AIDS in criminal justice policy.
textual outlaws and criminal conversations
Author: Alison Young
Publisher: Sage Publications Ltd
Category: Social Science
"El Alto, Rebel City" combines ethnography and political theory to explore the astonishing political power exercised by the indigenous citizens of El Alto, Bolivia in the past decade.
self and citizenship in Andean Bolivia
Author: Sian Lazar
Publisher: Duke University Press Books
Category: Business & Economics
Author: Arthur James Wells
Category: English literature
The 1989 UN Convention on the Rights of the Child has inspired advocates and policy makers across the globe, injecting children's rights terminology into various public and private arenas. Children's right to participate in decision-making processes affecting their lives is the acme of the Convention and its central contribution to the children's rights discourse. At the same time the participation right presents enormous challenges in its implementation. Laws, regulations and mechanisms addressing children's right to participate in decision-making processes affecting their lives have been established in many jurisdictions across the globe. Yet these worldwide developments have only rarely been accompanied with empirical investigations. The effectiveness of various policies in achieving meaningful participation for children of different ages, cultures and circumstances have remained largely unproven empirically. Therefore, with the growing awareness of the importance of evidence-based policies, it becomes clear that without empirical investigations on the implementation of children's right to participation it is difficult to promote their effective inclusion in decision making. This book provides a much-needed, first broad portrayal of how child participation is implemented in practice today. Bringing together 19 chapters written by prominent authors from the United States, Canada, the United Kingdom, Ireland, New Zealand, Australia, and Israel, the book includes descriptions of programs that engage children and youth in decision-making processes, as well as insightful findings regarding what children, their families, and professionals think about these programs. Beyond their contribution to the empirical evidence on ways children engage in decision-making processes, the volume's chapters contribute to the theoretical development of the meaning of "participation," "citizenship," "inclusiveness," and "relational rights" in regards to children and youth. There is no matching to the book's scope both in terms of its breadth of subjects and the diversity of jurisdictions it covers. The book's chapters include experiences of child participation in special education, child protection, juvenile justice, restorative justice, family disputes, research, and policy making.
From Social Exclusion to Child-Inclusive Policies
Author: Tali Gal,Benedetta Duramy
Publisher: Oxford University Press
Category: Social Science
An Index to the Publishers' Trade List Annual
Category: American literature
Unter besonderer Berücksichtigung der deutschen Entwicklung
Author: Franz Wieacker
Publisher: Ruprecht Gmbh & Company
Author: Lena Foljanty,Ulrike Lembke
Category: Feminist jurisprudence