| Author | : Melissa Ann Macauley |
| Publisher | : |
| Total Pages | : 416 |
| Release | : 1998 |
| Genre | : History |
| ISBN | : 0804731357 |
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.
| Author | : Meera Deo |
| Publisher | : Routledge |
| Total Pages | : 225 |
| Release | : 2019-10-10 |
| Genre | : Law |
| ISBN | : 0429533918 |
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.
| Author | : Michael Mann |
| Publisher | : Cambridge University Press |
| Total Pages | : 845 |
| Release | : 2012-09-24 |
| Genre | : History |
| ISBN | : 1107031184 |
This second volume deals with power relations between the Industrial Revolution and the First World War.
| Author | : Laura F. Edwards |
| Publisher | : UNC Press Books |
| Total Pages | : 447 |
| Release | : 2014-06-30 |
| Genre | : History |
| ISBN | : 1469619857 |
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.
| Author | : Roger Cotterrell |
| Publisher | : Routledge |
| Total Pages | : 317 |
| Release | : 2017-10-03 |
| Genre | : Law |
| ISBN | : 1351217968 |
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.
| Author | : Professor Roger Cotterrell |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 214 |
| Release | : 2013-01-28 |
| Genre | : Law |
| ISBN | : 1409493105 |
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.
| Author | : Falian Zhang |
| Publisher | : Springer |
| Total Pages | : 428 |
| Release | : 2022-03-09 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 9789811593499 |
This book involves a variety of aspects and levels, including the diachronic and synchronic dimensions. Law profoundly affects our daily lives, but its language and culture can at times be nearly impossible to understand. As a comparative study of Chinese and Western legal language and legal culture, this book investigates the similarities and differences of both sides and identifies their respective advantages and disadvantages. Accordingly, it considers both social and cultural functions, and both theoretical and practical values. Firstly, the book addresses the differences, that is, the basic frameworks and disparities between the Chinese and Western legal languages and legal cultures. Secondly, it explores relevant changes over time, that is, the historical evolution and the basic driving forces that were at work before the Chinese and Western legal languages and cultures “met.” Lastly, the book elaborates on their fusion, that is, the conflicts and changes in Chinese and Western legal languages and cultures in China in the modern era, as well as the introduction, transplantation and transformation of Western legal culture.
| Author | : Daniel Lord Smail |
| Publisher | : Cornell University Press |
| Total Pages | : 293 |
| Release | : 2013-04-15 |
| Genre | : History |
| ISBN | : 0801468787 |
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.
| Author | : David Swartz |
| Publisher | : University of Chicago Press |
| Total Pages | : 343 |
| Release | : 2012-07-05 |
| Genre | : Social Science |
| ISBN | : 022616165X |
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.
