Asserting that litigation in late imperial China was a form of documentary warfare, this book offers a social analysis of the men who composed legal documents. Litigation masters emerge as central players in many of the most scandalous cases in 18th- and 19th-century China.
There is a myth that lingers around legal education in many democracies. That myth would have us believe that law students are admitted and then succeed based on raw merit, and that law schools are neutral settings in which professors (also selected and promoted based on merit) use their expertise to train those students to become lawyers. Based on original, empirical research, this book investigates this myth from myriad perspectives, diverse settings, and in different nations, revealing that hierarchies of power and cultural norms shape and maintain inequities in legal education. Embedded within law school cultures are assumptions that also stymie efforts at reform. The book examines hidden pedagogical messages, showing how presumptions about theory’s relation to practice are refracted through the obfuscating lens of curricula. The contributors also tackle questions of class and market as they affect law training. Finally, this collection examines how structural barriers replicate injustice even within institutions representing themselves as democratic and open, revealing common dynamics across cultural and institutional forms. The chapters speak to similar issues and to one another about the influence of context, images of law and lawyers, the political economy of legal education, and the agency of students and faculty.
In the half-century following the Revolutionary War, the logic of inequality underwent a profound transformation within the southern legal system. Drawing on extensive archival research in North and South Carolina, Laura F. Edwards illuminates those changes by revealing the importance of localized legal practice. Edwards shows that following the Revolution, the intensely local legal system favored maintaining the "peace," a concept intended to protect the social order and its patriarchal hierarchies. Ordinary people, rather than legal professionals and political leaders, were central to its workings. Those without rights--even slaves--had influence within the system because of their positions of subordination, not in spite of them. By the 1830s, however, state leaders had secured support for a more centralized system that excluded people who were not specifically granted individual rights, including women, African Americans, and the poor. Edwards concludes that the emphasis on rights affirmed and restructured existing patriarchal inequalities, giving them new life within state law with implications that affected all Americans. Placing slaves, free blacks, and white women at the center of the story, The People and Their Peace recasts traditional narratives of legal and political change and sheds light on key issues in U.S. history, including the persistence of inequality--particularly slavery--in the face of expanding democracy.
Pierre Bourdieu is one of the world's most important social theorists and is also one of the great empirical researchers in contemporary sociology. However, reading Bourdieu can be difficult for those not familiar with the French cultural context, and until now a comprehensive introduction to Bourdieu's oeuvre has not been available. David Swartz focuses on a central theme in Bourdieu's work—the complex relationship between culture and power—and explains that sociology for Bourdieu is a mode of political intervention. Swartz clarifies Bourdieu's difficult concepts, noting where they have been misinterpreted by critics and where they have fallen short in resolving important analytical issues. The book also shows how Bourdieu has synthesized his theory of practices and symbolic power from Durkheim, Marx, and Weber, and how his work was influenced by Sartre, Levi-Strauss, and Althusser. Culture and Power is the first book to offer both a sympathetic and critical examination of Bourdieu's work and it will be invaluable to social scientists as well as to a broader audience in the humanities.
This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources. The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.
It is a truism to suggest that celebrity pervades all areas of life today. The growth and expansion of celebrity culture in recent years has been accompanied by an explosion of studies of the social function of celebrity and investigations into the fascination of specific celebrities. And yet fundamental questions about what the system of celebrity means for our society have yet to be resolved: Is celebrity a democratization of fame or a powerful hierarchy built on exclusion? Is celebrity created through public demand or is it manufactured? Is the growth of celebrity a harmful dumbing down of culture or an expansion of the public sphere? Why has celebrity come to have such prominence in today’s expanding media? Milly Williamson unpacks these questions for students and researchers alike, re-examining some of the accepted explanations for celebrity culture. The book questions assumptions about the inevitability of the growth of celebrity culture, instead explaining how environments were created in which celebrity output flourished. It provides a compelling new history of the development of celebrity (both long-term and recent) which highlights the relationship between the economic function of celebrity in various media and entertainment industries and its changing social meanings and patterns of consumption.
This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources. The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.
In the thirteenth and fourteenth centuries, the ideas and practices of justice in Europe underwent significant change as procedures were transformed and criminal and civil caseloads grew apace. Drawing on the rich judicial records of Marseille from the years 1264 to 1423, especially records of civil litigation, this book approaches the courts of law from the perspective of the users of the courts (the consumers of justice) and explains why men and women chose to invest resources in the law. Daniel Lord Smail shows that the courts were quickly adopted as a public stage on which litigants could take revenge on their enemies. Even as the new legal system served the interest of royal or communal authority, it also provided the consumers of justice with a way to broadcast their hatreds and social sanctions to a wider audience and negotiate their own community standing in the process. The emotions that had driven bloodfeuds and other forms of customary vengeance thus never went away, and instead were fully incorporated into the new procedures.
Contrary to optimistic visions of a free internet for all, the problem of the ‘digital divide’ – the disparity between those with access to internet technology and those without – has persisted for close to twenty-five years. In this textbook, Jan van Dijk considers the state of digital inequality and what we can do to tackle it. Through an accessible framework based on empirical research, he explores the motivations and challenges of seeking access and the development of requisite digital skills. He addresses key questions such as: Does digital inequality reduce or reinforce existing, traditional inequalities? Does it create new, previously unknown social inequalities? While digital inequality affects all aspects of society and the problem is here to stay, Van Dijk outlines policies we can put in place to mitigate it. The Digital Divide is required reading for students and scholars of media, communication, sociology, and related disciplines, as well as for policymakers.