A core text for the Law and Society or Sociology of Law course offered in Sociology, Criminal Justice, Political Science, and Schools of Law. * John Sutton offers an explicitly analytical perspective to the subject - how does law change? What makes law more or less effective in solving social problems? What do lawyers do? * Chapter 1 contrasts normative and sociological perspectives on law, and presents a brief primer on the logic of research and inference as it is applied to law related issues. * Theories of legal change are discussed within a common conceptual framework that highlights the explantory strengths and weaknesses of different arguments. * Discussions of "law in action" are explicitly comparative, applying a consistent model to explain the variable outcomes of civil rights legislation. * Many concrete, in-depth examples throughout the chapters.
This text on socio-legal studies is derived from the Socio-Legal Studies Association 1995 annual conference at Leeds University. It examines the definition of the term socio-legal and the boundaries in which the lawyers of this subject fit.
In George Bush's Second Inaugural Address, he stated, "so it is the policy of the United States to seek and support the growth of democratic movements and institutions in every nation and culture ..." Along with such a formidable challenge, comes the essential need for scholars and policy makers alike to gain a deeper understanding of the interrelationship between law, society, and culture. Collected from the successful 2005 Syracuse conference of the same name, the papers in this unique issue of The ANNALS zero in on critical studies that focus on other societies – which are evolving toward (or away from) constitutional democracy and a rule of law. Not to be confused with Social Darwinism, the term legal evolution in this context refers to the development or changes of law; and the papers included here demonstrate value-free objectivity – not labeling the results as either "good" or "bad." Rather than offering a prescriptive or claiming a precise forecast, this collection of thoughtful research examines the sociocultural foundations on which law is built, constructing the groundwork for the advancement of policy and further exploration in this intriguing area of study. The intense research conducted by these authors shines through as they elucidate the patterns of legal development and governmental change in societies abroad. Their reports and analysis will help readers understand the diversity of sociolegal systems and divergent paths that have been followed as laws have developed in a wide variety of societies, including South Africa, Germany, Latin America Sudan, Saudi-Arabia, and China. Terrorism remains an underlying issue in both a domestic and global perspective. Can law contribute to the control of terrorism? Are we moving toward global rules of law? What are the consequences of transitioning toward democracy? The thoughtful papers in this issue address these and other timely topics. How can legal evolution be a useful tool for analyzing social change? How well does law in any society express and implement the needs of the population? What effect do social mores have on the effectiveness of law? The complexity of these questions cannot be easily answered. However, after carefully reviewing the rich collection of ideas gathered in this single issue, scholars and policy makers will gain a deeper understanding of the evolution of law and constitutional democracy.
Whistleblowing has become a burning issue in contemporary society. When is whistleblowing appropriate? How is it best carried out? And how should managers and employers handle the issue? This book takes a look at whistleblowing at work taking a group of key occupation -- including the Health Service, Local Government, Accountancy and Education -- and from different points of view, including those of the employer, the trade unions and the employed. A whistleblower speaks for herself; advice is given on the whistleblower's best route; and the ethical issues are weighed and the legal situation set out. This book is invaluable to those concerned with employment, personnel, and human resource management; and to all those working in whistleblowing territory.
Bringing a timely synthesis to the field, The Handbook of Law and Society presents a comprehensive overview of key research findings, theoretical developments, and methodological controversies in the field of law and society. Provides illuminating insights into societal issues that pose ongoing real-world legal problems Offers accessible, succinct overviews with in-depth coverage of each topic, including its evolution, current state, and directions for future research Addresses a wide range of emergent topics in law and society and revisits perennial questions about law in a global world including the widening gap between codified laws and “law in action”, problems in the implementation of legal decisions, law’s constitutive role in shaping society, the importance of law in everyday life, ways legal institutions both embrace and resist change, the impact of new media and technologies on law, intersections of law and identity, law’s relationship to social consensus and conflict, and many more Features contributions from 38 international expert scholars working in diverse fields at the intersections of legal studies and social sciences Unique in its contributions to this rapidly expanding and important new multi-disciplinary field of study
Though "modern Indian law" is actually of Western origin, Galanter here contends that independent India has accepted this mid-twentieth century legal system intellectually and institutionally. His thirteen articles, covering a wide range of issues in Indian society, explore the operation of modern Indian law and explicate the ways in which a complex body of formal law accommodates and adjusts itself to local conditions to which it is alien.
Focusing on the Maghrib in the period between 1300 and 1500, in this 2002 book David Powers analyses the application of Islamic law through the role of the mufti. To unravel the sophistication of the law, he considers six cases which took place in the Marinid period on subjects as diverse as paternity, fornication, water rights, family endowments, the slander of the Prophet and disinheritance. The source for these disputes are fatwas issued by the muftis, which the author uses to situate each case in its historical context and to interpret the principles of Islamic law. In so doing he demonstrates that, contrary to popular stereotypes, muftis were in fact dedicated to reasoned argument, and sensitive to the manner in which law, society and culture interacted. The book represents a groundbreaking approach to a complex field. It will be read by students of Islamic law and those interested in traditional Muslim societies.
Law and Society Today is a problem-oriented survey of sociolegal studies, with a unique emphasis on recent historical and political developments. Whereas other texts focus heavily on criminal procedure, this book foregrounds the significant changes of the 2000s and 2010s, including neoliberalism, migration, multiculturalism, and the large influence of law and economics in law teaching, policy debates, and judicial decision-making. Each chapter presents key concepts, real-world applications, and hypothetical problems that allow students to test comprehension. With an integrated approach to theory and practice and written in an accessible tone, this text helps students recognize the dynamic forces that shape the way the law is constructed and implemented, particularly how law drives social inequality.
