Beyond Law in Context
Beyond Law in Context

Author: David Nelken

Publisher: Routledge

Published: 2017-09-08

Total Pages: 542

ISBN-13: 1351955608

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This intriguing collection of essays by David Nelken examines the relationship between law, society and social theory and the various ideas social theorists have had about the actual and ideal 'fit' between law and its social context. It also asks how far it is possible to get beyond this mainstream paradigm. The value of social theorising for studying law is illustrated by specific developments in substantive areas such as housing law, tort law, the law of evidence and criminal law. Throughout the chapters the focus is on the following questions. What is gained (and what may be lost) by putting law in context? What attempts have been made to go beyond this approach? What are their (necessary) limits? Can law be seen as anything other than in some way both separate from and relating to 'the social'? The distinctiveness of this approach lies in its effort to keep in tension two claims. Firstly, that social theorising about legal practices is vitally important for understanding the connections between legal and social structures and revealing what law means and does for (and to) various social actors. The second point is that it does not follow that what we learn in this way can be assumed to be necessarily relevant to (re)shaping legal practices without further argument that pays heed to law's specificity.

Legal Writing in Context
Legal Writing in Context

Author: Sonya G. Bonneau

Publisher: Carolina Academic Press LLC

Published: 2017

Total Pages: 0

ISBN-13: 9781611635218

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Readers of this textbook will learn to think deductively and analogically, to distill the holdings of multiple cases into a coherent legal rule, and to craft a compelling narrative. But beyond the practical how-to of these skills, this book also aims to ground these ideas in their rich and deep theoretical foundations. Professors Susan McMahon and Sonya Bonneau have mined the writings of legal writing professors, legal theorists, cognitive psychologists, and philosophers to produce a text that both teaches students practical writing skills and uses theory to explain why those skills are effective. This textbook is aimed at first-year writing courses in law schools that seek an integrated, analytically-oriented legal writing experience for their students. It may also be used in upper-level writing courses to enhance experiential or skills-based training with a more contextual approach. The teacher's manual and additional materials for instructors are available at legalwritingincontext.com/

International Criminal Law in Context
International Criminal Law in Context

Author: Philipp Kastner

Publisher: Routledge

Published: 2017-10-20

Total Pages: 549

ISBN-13: 1317198999

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International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.

General Jurisprudence
General Jurisprudence

Author: William Twining

Publisher: Cambridge University Press

Published: 2009-02-12

Total Pages: 519

ISBN-13: 113947538X

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This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law and legal theory. Its central thesis is that most processes of so-called 'globalisation' take place at sub-global levels and that a healthy cosmopolitan discipline of law should encompass all levels of social relations and the legal ordering of these relations. It illustrates how the mainstream Western canon of jurisprudence needs to be critically reviewed and extended to take account of other legal traditions and cultures. Written by the one of the foremost scholars in the field, this important work presents an exciting alternative vision of jurisprudence. It challenges the traditional canon of legal theorists and guides the reader through a field undergoing seismic changes in the era of globalisation. This is essential reading for all students of jurisprudence and legal theory.

Laws and Societies in Global Contexts
Laws and Societies in Global Contexts

Author: Eve Darian-Smith

Publisher: Cambridge University Press

Published: 2013-01-31

Total Pages: 433

ISBN-13: 0521113784

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This text promotes a more global sociolegal perspective that engages with multiple laws and societies and diverse sociolegal systems based on very different historical and cultural traditions, interacting on multiple local, national, and global levels. The approach to global legal pluralism seeks to provide a framework for envisioning new global governance regimes that move beyond state-based solutions to deal with trenchant transnational challenges.

The Spaces of Mental Capacity Law
The Spaces of Mental Capacity Law

Author: Beverley Clough

Publisher: Routledge

Published: 2021-10-21

Total Pages: 167

ISBN-13: 1000463834

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This book explores the conceptual spaces and socio-legal context which mental capacity laws inhabit. It will be seen that these norms are created and reproduced through the binaries that pervade mental capacity laws in liberal legal jurisdictions- such as capacity/incapacity; autonomy/paternalism; empowerment/protection; carer/cared-for; disabled/non-disabled; public/private. Whilst on one level the book demonstrates the pervasive reach of laws questioning individuals mental capacity, within and beyond the medical context which it is most commonly associated with, at a deeper and perhaps more important level it challenges the underlying norms and assumptions underpinning the very idea of mental capacity, and reflects outwards on the transformative potential of these realisations for other areas of law. In doing so, whilst the book offers lessons for mental capacity law scholarship in terms of reform efforts at both domestic and internationals levels, it also offers ways to develop our understandings of a range of linked legal, policy and theoretical concepts. In so doing, it offers new critical vantage points for both legal critique and conceptual change beyond mental capacity law. The book will be of interest to researchers in mental capacity law, disability law and socio-legal studies as well as critical geographers and disability studies scholars.

Rights in Context
Rights in Context

Author: Reza Banakar

Publisher: Ashgate Publishing, Ltd.

Published: 2010

Total Pages: 376

ISBN-13: 9781409407393

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This collection offers a snapshot of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twenty-first century. They explore how rights are used to challenge the state of affairs by indiv

Entangled Legalities Beyond the State
Entangled Legalities Beyond the State

Author: Nico Krisch

Publisher: Cambridge University Press

Published: 2021-11-11

Total Pages: 521

ISBN-13: 1108843069

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Shows that law it is often better understood as an entangled web rather than as a coherent, orderly system.

Indigeneity: Before and Beyond the Law
Indigeneity: Before and Beyond the Law

Author: Kathleen Birrell

Publisher: Routledge

Published: 2016-07-01

Total Pages: 269

ISBN-13: 1317644816

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Examining contested notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law, this book focuses upon the animation of indigeneities within textual imaginaries, both literary and juridical. Engaging the philosophy of Jacques Derrida and Walter Benjamin, as well as other continental philosophy and critical legal theory, the book uniquely addresses the troubled juxtaposition of law and justice in the context of Indigenous legal claims and literary expressions, discourses of rights and recognition, postcolonialism and resistance in settler nation states, and the mutually constitutive relation between law and literature. Ultimately, the book suggests no less than a literary revolution, and the reassertion of Indigenous Law. To date, the oppressive specificity with which Indigenous peoples have been defined in international and domestic law has not been subject to the scrutiny undertaken in this book. As an interdisciplinary engagement with a variety of scholarly approaches, this book will appeal to a broad variety of legal and humanist scholars concerned with the intersections between Indigenous peoples and law, including those engaged in critical legal studies and legal philosophy, sociolegal studies, human rights and native title law.

Law as a Means to an End
Law as a Means to an End

Author: Brian Z. Tamanaha

Publisher: Cambridge University Press

Published: 2006-10-02

Total Pages: 238

ISBN-13: 1139459228

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The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.