Justice, Law and Culture
Justice, Law and Culture

Author: J.K. Feibleman

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 208

ISBN-13: 9401094497

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The following pages contain a theory of justice and a theory of law. Justice will be defined as the demand for a system of laws, and law as an established regulation which applies equally throughout a society and is backed by force. The demand for a system of laws is met by means of a legal system. The theory will have to include what the system and the laws are in tended to regulate. The reference is to all men and their possessions in a going concern. In the past all such theories have been discussed only in terms of society, justice as applicable to society and the laws promul gated within it. However, men and their societies are not the whole story: in recent centuries artifacts have played an increasingly important role. To leave them out of all consideration in the theory would be to leave the theory itself incomplete and even distorted. For the key conception ought to be one not of society but of culture. Society is an organization of men but culture is something more. I define culture (civilization has often been employed as a synonym) as an organization of men together with their material possessions. Such possessions consist in artifacts: material objects which have been altered through human agency in order to reduce human needs. The makers of the artifacts are altered by them. Men have their possessions together, and this objectifies and consolidates the culture.

Between Law and Culture
Between Law and Culture

Author: Lisa C. Bower

Publisher: U of Minnesota Press

Published: 2001

Total Pages: 372

ISBN-13: 9780816633814

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What happens to legal thought when key terms-society, culture, power, justice, identity-become unsettled? With the boundaries defining sociolegal scholarship undergoing a profound shift, this book explores the intersections of law, culture, and identity. Sexuality, race, sports, and the politics of policing are among the topics the authors take up as they examine how law both reproduces and challenges fundamental notions of order, discipline, and identity. Contributors: Rosemary J. Coombe, U of Toronto; David M. Engel, SUNY, Buffalo; Marjorie Garber, Harvard U; Herman Gray, UC, Santa Cruz; Rona Tamiko Halualani, San Jos State U; David Harvey, CUNY; Deb Henderson; Yuen J. Huo, UCLA; S. Lily Mendoza, U of Denver; Trish Oberweis, American Justice Institute; Paul A. Passavant, Hobart and William Smith Colleges; Lisa E. Sanchez, U of Illinois; Carl F. Stychin, U of Reading; Tom R. Tyler, New York U; Christine A. Yalda.

Law as Culture
Law as Culture

Author: Lawrence Rosen

Publisher: Princeton University Press

Published: 2017-03-17

Total Pages: 231

ISBN-13: 1400887585

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Law is integral to culture, and culture to law. Often considered a distinctive domain with strange rules and stranger language, law is actually part of a culture's way of expressing its sense of the order of things. In Law as Culture, Lawrence Rosen invites readers to consider how the facts that are adduced in a legal forum connect to the ways in which facts are constructed in other areas of everyday life, how the processes of legal decision-making partake of the logic by which the culture as a whole is put together, and how courts, mediators, or social pressures fashion a sense of the world as consistent with common sense and social identity. While the book explores issues comparatively, in each instance it relates them to contemporary Western experience. The development of the jury and Continental legal proceedings thus becomes a story of the development of Western ideas of the person and time; African mediation techniques become tests for the style and success of similar efforts in America and Europe; the assertion that one's culture should be considered as an excuse for a crime becomes a challenge to the relation of cultural norms and cultural diversity. Throughout the book, the reader is invited to approach law afresh, as a realm that is integral to every culture and as a window into the nature of culture itself.

Building a Culture of Lawfulness
Building a Culture of Lawfulness

Author: Heath B. Grant

Publisher: Springer Nature

Published: 2022-01-01

Total Pages: 108

ISBN-13: 3030879704

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This book is the first interdisciplinary study of the rule of law in an environment of complementary culture. It argues that the rule of law should not be defined solely through the development of institutions, but also through the mobilization of existing culture towards support for law and its enforcement. Recognizing that the rule of law is most often misunderstood by many, the book describes the benefits of the rule of law and exposes its weaknesses and limitations. It summarizes the history and practice through case studies where culture has played an essential role in achieving a sustainable rule of law in practice. It incorporates the unique challenges to rule of law in regions like the Middle East, and addresses the nexus of law culture and institutions in the context of policing in the United States. Appropriate for researchers, professionals, and practitioners of law, policing, cultural criminology, and sociology, this book identifies practical and actionable elements of culture that can be mobilized, even in states that are only in the initial stages of developing the rule of law.

Law in Culture and Society
Law in Culture and Society

Author: Laura Nader

Publisher: Univ of California Press

Published: 1997-04-25

Total Pages: 468

ISBN-13: 9780520208339

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"A classic collection in the anthropology of law. While some exceptionally good descriptive work is presented, the volume is particularly valuable in providing a range of thoughtful, engaged, and empirically grounded theoretical explorations of issues in the comparative study of law and conflict."—Donald Brenneis, author of Dangerous Words

Challenges to Law at the End of the 20th Century
Challenges to Law at the End of the 20th Century

Author: André-Jean Arnaud

Publisher: Franz Steiner Verlag Wiesbaden gmbh

Published: 1998

Total Pages: 198

ISBN-13: 9783515070720

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Contents: Law and Morality: D. B. Boersema: Rights and Moral Compromise - A. W. Musschenga: Incommensurable Views on the Existence of Ultimate Moral Disagreements - G. Pincione: On the Relative Stringency of Negative and Positive Moral Duties - W. L. Robison: Hard Cases and Natural Law - C.-L. Sheng: Law and Morality - Their Main Differences and Degeneration - A. Verza: Law, Morality and Tolerance: Hart and After - R. Wacks: Law's Umpire: Judges, Truth, and Moral Accountability - D. Wood: The Moral and Power Dimensions of Law - Justice: K. L. Avio: Discourse Ethics, Constitutional Contract and the Problem of Implementation: Application to Aboriginal Rights - R. E. Mackay: Restorative Justice: Natural Law, Community and Ideal Speech - A. M. Macleod: Efficiency and Justice - M. C. Pievatolo: An Interpretation of Kant: the Political Neutrality of Justice and the Value of Liberty - Culture: F. Galindo: Cultural Environment and the Concept of Law - M. Kopperi: Social Fragmentation and Political Culture - N. M. Martinez Yanez: Linguistic Flaws of the Spanish Debate on the Obligation to Obey the Law - H. Olafsson: Anthropology and the Possibility of Productive Social Dialogue - P. Riekkinen: The Power of the Supreme Court and the Death Sentence: "The mystical foundation of the authority" - R. Rosales: Culture, Community and Gender in the Formation of Agency - P. van Aerschot: Juridification from the Point of View of Modernization .

Teaching Law
Teaching Law

Author: Robin West

Publisher: Cambridge University Press

Published: 2014

Total Pages: 257

ISBN-13: 1107044537

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This book suggests reforms to improve legal education and responds to concerns that law schools eschew the study of justice.

Law, Justice, Democracy, and the Clash of Cultures
Law, Justice, Democracy, and the Clash of Cultures

Author: Michel Rosenfeld

Publisher: Cambridge University Press

Published: 2011-09-26

Total Pages: 337

ISBN-13: 1139502549

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The Cold War ideological battle with universal aspirations has given way to a clash of cultures as the world concurrently moves toward globalization of economies and communications and balkanization through a clash of ethnic and cultural identities. Traditional liberal theory has confronted daunting challenges in coping with these changes and with recent developments such as the spread of postmodern thought, religious fundamentalism and global terrorism. This book argues that a political and legal philosophy based on pluralism is best suited to confront the problems of the twenty-first century. Pointing out that monist theories such as liberalism have become inadequate and that relativism is dangerous, the book makes the case for pluralism from the standpoint of both theory and its applications. The book engages with thinkers, such as Spinoza, Kant, Hegel, Rawls, Berlin, Dworkin, Habermas and Derrida and with several subjects that are at the center of current controversies.

The Anthropology of Justice
The Anthropology of Justice

Author: Lawrence Rosen

Publisher: Cambridge University Press

Published: 1989-06-15

Total Pages: 136

ISBN-13: 9780521367400

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Law has often been seen as a relatively autonomous domain, one in which a professional elite sharply control the impact of broader social relations and cultural concepts. By contrast this study asserts that the analysis of legal systems, like the analysis of social systems generally, requires an understanding of the concepts and relationships encountered in everyday social life. Using as its substantive base the Islamic law courts of Morocco, the study explores the cultural basis of judicial discretion. From the proposition that in Arabic culture relationships are subject to considerable negotiation the idea is developed that the shaping of facts in a court of law, the use of local experts, and the organization of the judicial structure all contribute to the reliance on local concepts and personnel to inform the range of judicial discretion. By drawing comparisons with the exercise of judicial discretion in America the study demonstrates that cultural concepts deeply inform the evaluation of issues and the shapes of a judge's decision. The Anthropology of Justice is not only the first full-scale study of the actual operations of the actual operations of a modern Islamic law court anywhere in the Arab world but a demonstration of the theoretical basis on which a cultural analysis of the law may be founded.

Law and the Order of Culture
Law and the Order of Culture

Author: Robert Post

Publisher: Univ of California Press

Published: 1991-01-01

Total Pages: 228

ISBN-13: 9780520073371

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Law and the Order of Culture is an outstanding collection of essays that explores the cultural creation of legal meaning, addressing interpretive processes within the law as well as the social constitution of legal doctrine. Originally published in Representations, these essays are at the center of the "law and literature" movement which exemplifies a burgeoning literature in feminist jurisprudence, critical legal studies, and other work that has focused on law as evidence of cultural orderings. For this edition Robert Post has written a new introduction, proposing an analytic framework for this literature and discussion of the seven essays contained within the book. Ranging over a variety of interdisciplinary perspectives, the contributors to the volume address such central issues as the construction of legal normativity, interpretive theory and practice in constitutional law, the function of legal metaphors, the interpretive foundations of the law/fact distinction, and the role of politics in contemporary critical legal studies. Law and the Order of Culture will attract a broad and eclectic readership across many disciplines. Law and the Order of Culture is an outstanding collection of essays that explores the cultural creation of legal meaning, addressing interpretive processes within the law as well as the social constitution of legal doctrine. Originally published in Representations, these essays are at the center of the "law and literature" movement which exemplifies a burgeoning literature in feminist jurisprudence, critical legal studies, and other work that has focused on law as evidence of cultural orderings. For this edition Robert Post has written a new introduction, proposing an analytic framework for this literature and discussion of the seven essays contained within the book. Ranging over a variety of interdisciplinary perspectives, the contributors to the volume address such central issues as the construction of legal normativity, interpretive theory and practice in constitutional law, the function of legal metaphors, the interpretive foundations of the law/fact distinction, and the role of politics in contemporary critical legal studies. Law and the Order of Culture will attract a broad and eclectic readership across many disciplines.