Theory and Method in Socio-legal Research

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Author: Reza Banakar,Max Travers

Publisher: Hart Publishing

ISBN: 1841136255

Category: Law

Page: 376

View: 7880

Presents a collection of papers that explores how different methods can be used in researching law and legal phenomena, and how methodological issues and debates in sociology are relevant to the study of law. This work is useful to socio-legal researchers, law school researchers, and postgraduates.

Justice and Power in Sociolegal Studies

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Author: Bryant G. Garth,Austin Sarat

Publisher: Northwestern University Press

ISBN: 9780810114333

Category: Law

Page: 370

View: 9636

Justice and Power in the Sociolegal Studies asks what interdisciplinary work in the law and society tradition tells us about the relationship of law and justice, as well as the way power operates in and through law. The fundamental concepts of justice and power provide points of departure for leading scholars to explore the various domains of socio-legal research. As they note the explicitness of the engagement with issues of power and the relative silence about -- or indirectness in taking on -- questions of justice found in most law and society research, they ask how engagement with issues of power and silence about justice constituted law and society as a research field caught between a desire to have political impact and, at the same time, to maintain its scientific respectability.

The Oxford Handbook of Empirical Legal Research

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Author: Peter Cane,Herbert Kritzer

Publisher: OUP Oxford

ISBN: 019163543X

Category: Law

Page: 1112

View: 7029

The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.

Normativity in Legal Sociology

Methodological Reflections on Law and Regulation in Late Modernity

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Author: Reza Banakar

Publisher: Springer

ISBN: 3319096508

Category: Law

Page: 292

View: 978

The field of socio-legal research has encountered three fundamental challenges over the last three decades – it has been criticized for paying insufficient attention to legal doctrine, for failing to develop a sound theoretical foundation and for not keeping pace with the effects of the increasing globalization and internationalization of law, state and society. This book examines these three challenges from a methodological standpoint. It addresses the first two by demonstrating that legal sociology has much to say about justice as a kind of social experience and has always engaged theoretically with forms of normativity, albeit on its own empirical terms rather than on legal theory’s analytical terms. The book then explores the third challenge, a result of the changing nature of society, by highlighting the move from the industrial relations of early modernity to the post-industrial conditions of late modernity, an age dominated by information technology. It poses the question whether socio-legal research has sufficiently reassessed its own theoretical premises regarding the relationship between law, state and society, so as to grasp the new social and cultural forms of organization specific to the twenty-first century’s global societies.

Research Methods for Law

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Author: Mike McConville

Publisher: Edinburgh University Press

ISBN: 1474403220

Category: Law

Page: 336

View: 6373

Introduces students to legalistic, theoretical, empirical, comparative and cross-disciplinary research methods, grounded in working examplesNew for this editionNew chapter on inter- and cross-disciplinary research essential reading for international students and students with a non-law first degree undertaking research in the areas of law, criminology, psychology and sociologyResearch ethics has been expanded to a full chapter that includes current plagiarism and imperfect disclosureBrings existing chapters up to date with the newest thinking in legal researchDrawing on actual research projects, Research Methods for Law discusses how legal research as process impacts on research as product. The author team has a broad range of teaching and research experience in law, criminal justice and socio-legal studies, and give examples from real-life research products to illustrate the theory.

Understanding Law in Society

Developments in Socio-legal Studies

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Author: Knut Papendorf,Kristian Andenæs

Publisher: LIT Verlag Münster

ISBN: 3643900724

Category: Law

Page: 283

View: 3184

The sociology of law has made impressive progress over the last decades. The present volume brings together scholars from Austria, Britain, Germany and Scandinavia to discuss major developments. The book starts with analyses of the sociology of law advanced by the most outstanding theorists in the field, Max Weber and Niklas Luhmann. Their legacy is assessed by Hubert Treiber, Frank Welz and Inger-Johanne Sand. Next, Hakan Hyden emphases the gain sociology of law could have from a stronger focus on norms. Armin Holand and Ole Hammerslev ask about the effects courts have. Klaus F. Rohl provides an international overview on "alternatives of law", one of the main topics of socio-legal studies since the 1960s. The final article by Stefan Machura in this volume addresses the media's impact on the public's perception of the legal system.

Position and Change

A Study in Law and Logic

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Author: L. Lindahl

Publisher: Springer Science & Business Media

ISBN: 9789027707871

Category: Law

Page: 299

View: 6912

The present study which I have subtitled A Study in Law and Logic was prompted by the question of whether an investigation into law and legal systems could lead to the discovery of unrevealed fundamental patterns common to all such systems. This question was further stimulated by two interrelated problems. Firstly, could an inquiry be rooted in specifically legal matters, as distinct from the more usual writings on deontic logic? Secondly, could such inquiry yield a theory which would nevertheless embrace a strict and simple logical structure, permitting substantive conclusions in legal matters to be deduced from simple rules governing some basic concepts? Before the development of deontic logic, W. N. Hohfeld devoted his efforts to this question at the beginning of this century. However, with this exception, few jurists have studied the interrelation between law and logic projected in this way. Nevertheless, two great names are to be found, Gottfried Wilhelm Leibniz and Jeremy Bentham-both philo sophers with legal as weIl as logical training. Bentham's investigations of logical patterns in law have only recently attracted attention; and as for Leibniz, his achievements are still almost totally unexplored (his most important writings on law and logic have not even been translated from Latin). My initial interest in the question was evoked by Professor Stig Kanger. Although primarily a logician and philosopher, Stig Kanger has been interested also in the fundamentals of legal theory.

Reproduction and Succession

Studies in Anthropology, Law, and Society

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Author: Robin Fox

Publisher: Transaction Publishers

ISBN: 9781412833097

Category: Social Science

Page: 269

View: 5428

The basis of this extraordinary effort is that all history is the history of reproduction and succession -- in other words, of kinship. Fox claims that anthropology seems to have forgotten this, while sociology never did grasp it, getting bogged down in something called the family. Economics and psychology, for their part, were never much help in the pursuit of cultural universals. Reproduction and Succession is an attempt at a constructive approach from social and evolutionary science to law. Fox tackles Mormon polygamy, the Baby M trials, Sophocle's Antigone, and the problem of the avunculate. It is a search for the universals that connect the rational search for law and the empirical search for anthropology.

Handbook of Justice Research in Law

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Author: Joseph Sanders,V. Lee Hamilton

Publisher: Springer Science & Business Media

ISBN: 9780306463402

Category: Law

Page: 388

View: 5704

This handbook provides a comprehensive cross-disciplinary perspective on the role of justice research in studies of the legal system. Leading authorities from sociology, political science, criminology, psychology, and law analyze justice research, including the various dimensions of justice, the interaction among these dimensions, and the relationship between law and culture. Featured are in-depth discussions of retribution/revenge and distributive and procedural justice.

Why People Obey the Law

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Author: Tom R. Tyler

Publisher: Princeton University Press

ISBN: 0691126739

Category: Law

Page: 299

View: 431

People obey the law if they believe it's legitimate, not because they fear punishment--this is the startling conclusion of Tom Tyler's classic study. Tyler suggests that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment. He finds that people obey law primarily because they believe in respecting legitimate authority. In his fascinating new afterword, Tyler brings his book up to date by reporting on new research into the relative importance of legal legitimacy and deterrence, and reflects on changes in his own thinking since his book was first published.

Kazimierz Opałek Selected Papers in Legal Philosophy

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Author: Jan Wolenski

Publisher: Springer Science & Business Media

ISBN: 9401592578

Category: Philosophy

Page: 344

View: 4816

Philosophical aspects of law and jurisprudence are investigated from various points of view. This collection represents the analytic approach to legal philosophy. However, this approach is not extreme in the sense that it is limited exclusively to linguistic matters. The concept of norm as a directive of conduct is the central category analyzed in particular essays. The structure of directives as well as their semantic and pragmatic roles are studied. Pragmatic functions of directives are linked with their functioning as speech acts. Moreover, existence and validity of norms are analyzed. The author also touches on general methodological problems of legal theory and philosophy, particularly their relations to social sciences. The collection covers material interesting for philosophers, lawyers and social scientists.

A Sociology of Justice in Russia

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Author: Marina Kurkchiyan,Agnieszka Kubal

Publisher: Cambridge University Press

ISBN: 1107198771

Category: History

Page: 250

View: 3072

Offers a more complex and nuanced understanding of the Russian justice system than stereotypes and preconceptions lead us to believe.

In Search of Law

Sociological Approaches to Law

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Author: Vilhelm Aubert

Publisher: Barnes & Noble

ISBN: N.A

Category: Sociological jurisprudence

Page: 180

View: 6156

The Invention of the Passport

Surveillance, Citizenship and the State

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Author: John C. Torpey

Publisher: Cambridge University Press

ISBN: 1108473903

Category: History

Page: 278

View: 4844

The definitive history of the passport and why it became so important for controlling movement in the modern world.

Invitation to Law and Society, Second Edition

An Introduction to the Study of Real Law

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Author: Kitty Calavita

Publisher: University of Chicago Press

ISBN: 022629661X

Category: Social Science

Page: 240

View: 819

Law and society is a rapidly growing field that turns the conventional view of law as mythical abstraction on its head. Kitty Calavita brilliantly brings to life the ways in which law is found not only in statutes and courtrooms but in our institutions and interactions, while inviting readers into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to both law as it is written and actual legal practices, as well as the law’s potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. With this second edition of Invitation to Law and Society, Calavita brings up to date what is arguably the leading introduction to this exciting, evolving field of inquiry and adds a new chapter on the growing law and cultural studies movement.

Handbook of Research Design and Social Measurement

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Author: Delbert C. Miller,Neil J. Salkind

Publisher: SAGE

ISBN: 9780761920465

Category: Business & Economics

Page: 786

View: 7494

"If a student researcher had only one handbook on their bookshelf, Miller and Salkind's Handbook would certainly have to be it. With the updated material, the addition of the section on ethical issues (which is so well done that I'm recommending it to the departmental representative to the university IRB), and a new Part 4 on "Qualitative Methods", the new Handbook is an indispensable resource for researchers." Dan Cover, Department of Sociology, Furman University The book considered a "necessity" by many social science researchers and their students has been revised and updated while retaining the features that made it so useful. The emphasis in this new edition is on the tools with which graduate students and more advanced researchers need to become familiar as well as be able to use in order to conduct high quality research.

Lawyers in Society

Comparative Theories

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Author: Richard L. Abel,Philip Lewis

Publisher: Beard Books

ISBN: 9781587982668

Category: Law

Page: 576

View: 898

This is the last of three volumes on the comparative sociology of legal professions. Unlike the first two, which offered reports on individual country systems, this text uses national reports and other data sources to explore a variety of theoretical and methodological issues. Editors Abel (law, U. of California at Los Angeles, US) and Lewis (Centr