Law and society, sociology of law Books

Book SynopsisThis innovative Research Handbook explores recent developments at the intersection of international law, sociology and social theory. In doing so, it highlights anew the potential contribution of sociological methods and theories to the study of international law, and illustrates their use in the examination of contemporary problems of practical interest to international lawyers.The diverse body of expert contributors discuss a wide range of methodologies and approaches - including those inspired by the giants of twentieth century social thought, as well as emergent strands such as computational linguistics, performance theory and economic sociology. With chapters exploring topical areas including the globalization of law, economic globalization, property rights, global governance, international legal counsel, social networks, and anthropology, the Research Handbook presents a number of paths for future research in international legal scholarship.Full of original insight, this interdisciplinary Research Handbook will be essential reading for academics and scholars in international law and sociology, as well as postgraduate students. Lawyers practicing in international law will also find this a stimulating read.Contributors include: W. Alschner, F.M. Bohnenberger, R. Buchanan, K. Byers, S. Cho, D. Desai, S. Dothan, J.L. Dunoff, S. Frerichs, B.G. Garth, M. Hirsch, R. James, C. Joerges, N. Lamp, A. Lang, M.R. Madsen, K. Mansveld, G. Messenger, M.A. Pollack, S. Puig, G.A. Sarfaty, D. Schneiderman, W.G. WernerTrade Review'Sociological approaches to international law have gained significant momentum in the course of the last decade. The contributions to this Research Handbook reflect the diversity of sociological theories and illustrate how they can enrich international legal scholarship. The Research Handbook is an excellent guide to the sociology of international law 'from Huber to post-structuralism.' --Christian J. Tams, University of Glasgow, UKChristian J. Tams, University of Glasgow, UK'This Research Handbook offers a timely sociological reading of the functioning of the international legal order, using diverse sociological approaches, spreading from the thought of Max Huber to post-structuralism. It offers a range of the best analyses on the topic and sets a new agenda for the field. Indeed a fascinating book.' --Hélène Ruiz Fabri, Max Planck Institute Luxembourg for Procedural Law, LuxembourgTable of ContentsContents: 1. Introduction to the Research Handbook on the Sociology of International Law Moshe Hirsch and Andrew Lang 2. Issues of Empire, Contestation, and Hierarchy in the Globalization of Law Bryant G. Garth 3. A conflicts-law response to the precarious legitimacy of transnational trade governance Fabian Bohnenberger and Christian Joerges 4. Correlated ownership: Polanyi, Commons, and the property continuum Sabine Frerichs and Rick James 5. Regulating Speed: Social Acceleration and International Law Wouter G. Werner 6. ‘What gets measured gets done’: exploring the social construction of globalized knowledge for development Ruth Buchanan, Kimberley Byers and Kristina Mansveld 7. International lawyers and the study of expertise: representationalism and performativity Andrew Lang 8. Ignorance/power: rule of law reform and the administrative law of global governance Deval Desai 9. Reflexive Sociology of International Law: Pierre Bourdieu and the Globalization of Law Mikael Rask Madsen 10. The practice of litigation at the ICJ: the role of counsel in the development of international law Gregory Messenger 11. International investment law as formally rational law: a Weberian analysis David Schneiderman 12. Practice theory and international law Jeffrey L. Dunoff and Mark A. Pollack 13. The ‘practice turn’ in international law: insights from the theory of structuration Nicolas Lamp 14. An Anthropological Approach to International Economic Law Galit A. Sarfaty 15. Network analysis and the sociology of international law Sergio Puig 16. Social networks and the enforcement of international law Shai Dothan 17. Locked in language: historical sociology and the path dependency of investment treaty design Wolfgang Alschner 18. Social constructivism and the social construction of world economic reality Sungjoon Cho 19. Core Sociological Theories and International Law Moshe Hirsch Index

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Book SynopsisThis authoritative collection brings together a careful selection of previously published articles that use economics to analyze the interaction of law, on the one hand, and social norms and nonlegal sanctions on the other. The articles cover a range of foundational questions. What are social norms and nonlegal sanctions? Do strong laws undermine social norms, thus weakening other valuable forms of social cooperation? Can laws be used to exploit existing social norms, so that the laws are more effective than they would be otherwise? The contributing authors use a variety of economic models and concepts to address these questions.Table of ContentsContents: Acknowledgements Introduction Eric A. Posner PART I GENERAL THEORIES 1. Robert Cooter (1997), ‘Normative Failure Theory of Law’ 2. Robert C. Ellickson (1986), ‘Of Coase and Cattle: Dispute Resolution Among Neighbors in Shasta County’ 3. Richard H. McAdams (1997), ‘The Origin, Development, and Regulation of Norms’ 4. Randal C. Picker (1997), ‘Simple Games in a Complex World: A Generative Approach to the Adoption of Norms’ 5. Eric A. Posner (1998), ‘Symbols, Signals, and Social Norms in Politics and the Law’ PART II NORMS AND EFFICIENCY 6. Paul G. Mahoney and Chris W. Sanchirico (2001), ‘Competing Norms and Social Evolution: Is the Fittest Norm Efficient?’ 7. Eric A. Posner (1996), ‘Law, Economics, and Inefficient Norms’ PART III BUSINESS CUSTOM 8. Lisa Bernstein (1992), ‘Opting Out of the Legal System: Extralegal Contractual Relations in the Diamond Industry’ 9. Richard A. Epstein (1992), ‘The Path to The T.J. Hooper: The Theory and History of Custom in the Law of Tort’ PART IV APPLICATIONS 10. George A. Akerlof (1980), ‘A Theory of Social Custom, of Which Unemployment May Be One Consequence’ 11. Robert Cooter and Ariel Porat (2001), ‘Should Courts Deduct Nonlegal Sanctions From Damages?’ 12. Dan M. Kahan and Eric A. Posner (1999), ‘Shaming White-collar Criminals: A Proposal for Reform of the Federal Sentencing Guidelines’ 13. Gertrud M. Fremling and Richard A. Posner (1999), ‘Status Signaling and the Law, With Particular Application to Sexual Harassment’ PART V EMPIRICAL AND HISTORICAL WORK 14. Uri Gneezy and Aldo Rustichini (2000), ‘A Fine is a Price’ 15. Avner Greif, Paul Milgrom and Barry R. Weingast (1994), ‘Coordination, Commitment, and Enforcement: The Case of the Merchant Guild’ 16. Paul R. Milgrom, Douglass C. North and Barry R. Weingast (1990), ‘The Role of Institutions in the Revival of Trade: The Law Merchant, Private Judges, and the Champagne Fairs’ Name Index

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Book SynopsisDuring the last two decades researchers in the field of experimental law and economics have made significant contributions to our knowledge of human behaviour and its interaction with legal and regulatory environments. This collection of previously published papers examines the use of laboratory experiments to test and develop these theories about how people behave, including their responses to legal rules.An important resource for judges, policymakers and scholars alike, the articles presented are drawn from diverse disciplines such as economics, law and psychology. The editors' comprehensive introduction provides expert analysis and insightful discussion of new directions in the field. Also included is an extended bibliography of additional articles to further aid readers' study.Trade Review‘Experimental analysis under controlled conditions provides a unique perspective on how people respond to legal rules and institutions. The Arlen–Talley volume is a superb collection of the seminal articles, assembled in a coherent way to help the reader understand and assess the potential of this body of research.’Table of ContentsContents: Acknowledgements Introduction Jennifer H. Arlen and Eric L. Talley PART I EXPERIMENTAL TEST OF THE COASE THEOREM 1. Elizabeth Hoffman and Matthew Spitzer (1982), ‘The Coase Theorem: Some Experimental Tests’ 2. Stewart Schwab (1988), ‘A Coasean Experiment on Contract Presumptions’ 3. Rachel Croson and Jason Scott Johnston (2000), ‘Experimental Results on Bargaining Under Alternative Property Rights Regimes’ PART II LOSS AVERSION: ENDOWMENT EFFECTS, FRAMING EFFECTS, STATUS QUO BIAS A Endowment Effects 4. Daniel Kahneman, Jack L. Knetsch and Richard H. Thaler (1990), ‘Experimental Tests of the Endowment Effect and the Coase Theorem’ 5. Jennifer Arlen, Matthew Spitzer and Eric Talley (2002), ‘Endowment Effects within Corporate Agency Relationships’ 6. Charles R. Plott and Kathryn Zeiler (2005), ‘The Willingness to Pay-Willingness to Accept Gap, the “Endowment Effect”, Subject Misconceptions, and Experimental Procedures for Eliciting Valuations’ B Framing Effects 7. Edward J. McCaffery, Daniel J. Kahneman and Matthew L. Spitzer (1995), ‘Framing the Jury: Cognitive Perspectives on Pain and Suffering Awards’ 8. Russell Korobkin and Chris Guthrie (1997), ‘Psychology, Economics, and Settlement: A New Look at the Role of the Lawyer’ PART III SETTLEMENT BEHAVIOUR, SELF-SERVING BIAS AND THE ROLE OF LAWYERS 9. Linda Babcock, George Loewenstein, Samuel Issacharoff and Colin Camerer (1995), ‘Biased Judgments of Fairness in Bargaining’ 10. George Loewenstein and Don A. Moore (2004), ‘When Ignorance is Bliss: Information Exchange and Inefficiency in Bargaining’ 11. Linda Babcock, George Loewenstein and Samuel Issacharoff (1998), ‘Creating Convergence: Debiasing Biased Litigants’ 12. Greg Pogarsky and Linda Babcock (2001), ‘Damage Caps, Motivated Anchoring, and Bargaining Impasse’ PART IV FAIRNESS, TRUST AND CROWDING OUT 13. Elizabeth Hoffman, Kevin McCabe, Keith Shachat and Vernon Smith (1994), ‘Preferences, Property Rights, and Anonymity in Bargaining Games’ 14. Elizabeth Hoffman, Kevin McCabe and Vernon L. Smith (1996), ‘Social Distance and Other-Regarding Behavior in Dictator Games’ 15. Robert H. Frank, Thomas Gilovich and Dennis T. Regan (1993), ‘Does Studying Economics Inhibit Cooperation?’ 16. Ernest Fehr, Alexander Klein and Klaus M. Schmidt (2007), ‘Fairness and Contract Design’ 17. Iris Bohnet, Bruno S. Frey and Steffen Huck (2001), ‘More Order with Less Law: On Contract Enforcement, Trust, and Crowding’ 18. Daylian M. Cain, George Loewenstein and Don A. Moore (2005), ‘The Dirt on Coming Clean: Perverse Effects of Disclosing Conflicts of Interest’ PART V REASONING ABOUT RISK AND LOSS A Legal Rules and Deterrence 19. Lewis Kornhauser and Andrew Schotter (1990), ‘An Experimental Study of Single-Actor Accidents’ 20. Uri Gneezy and Aldo Rustichini (2000), ‘A Fine Is a Price’ B Assessment of Risk by Judges and Juries 21. Kim A. Kamin and Jeffrey J. Rachlinski (1995),’ Ex Post ≠ Ex Ante: Determining Liability in Hindsight’ 22. Alison C. Smith and Edith Greene (2005), ‘Conduct and its Consequences: Attempts at Debiasing Jury Judgments’ 23. W. Kip Viscusi and Richard J. Zeckhauser (2004), ‘The Denominator Blindness Effect: Accident Frequencies and the Misjudgment of Recklessness’ C Impact of Decision Rules on Juries 24. Chris Guthrie, Jeffrey J. Rachlinski and Andrew J. Wistrich (2001), ‘Inside the Judicial Mind’ 25. David Schkade, Cass R. Sunstein and Daniel Kahneman (2000), ‘Deliberating About Dollars: The Severity Shift’ 26. Serena Guarnaschelli, Richard D. McKelvey and Thomas R. Palfrey (2000), ‘An Experimental Study of Jury Decision Rules’ Name Index

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Book SynopsisThis book sets out a panoramic view of law and society studies in South Korea, considering the factors that have made this post-colonial war-torn country economically and politically successful.The contributors examine societal and historical conditions that are reflected in - or that were shaped by - the law, through a variety of lenses; including law and development, law and politics, colonialism and gender, past wrongdoings, public interest lawyering, and judicial reform. In dismantling the historical specificity of the way in which Korea studies are universally framed the contributions provide novel views, theories and information about South Korean law and society.Incorporating various perspectives and methodologies, and demonstrating a finely crafted application of general theory to specific issues, this compendium will prove insightful to law scholars and researchers looking to widen their perspective and broaden their knowledge on law and society in Korea. Law practitioners whose practice requires knowledge of the Korean legal system will also find plenty of information in this authoritative book.Contributors include: K. Cho, D.-k. Choi, P. Goedde, S.S. Hong, D. Kim, J.-O. Kim, C. Lee, I. Lee, K.-W. Lee, H. Yang, S. YiTrade Review'As dynamic as legal change has been in South Korea, it has also been understudied, at least until the arrival of this wonderful collection of essays. The authors, who are all leading figures in the field, demonstrate convincingly that Korean experience is relevant to many of the contemporary questions in law and society studies. Every law and society scholar should read this book.' --Tom Ginsburg, University of ChicagoTable of ContentsContents: Preface PART I: HISTORY AND CULTURE 1. Law and Development: The Korean Experience Dai-kwon Choi 2. The Rule of Law and Forms of Power: Theorizing the Social Foundations of the Rule of Law in South Korea and East Asia Chulwoo Lee 3. Colonialism and Patriarchy: Where the Korean Family-head (Hoju) System had been Located Hyunah Yang PART II: THEORY AND METHODOLOGICAL QUESTIONS 4. Korean Perception(s) of Pyungdeung (Equality) Ilhyung Lee 5. The Normative Phenomenon of Public Sector in Korean Society Jeong-Oh Kim 6. The Legal Development in Korea: Juridification and Proceduralization Sangdon Yi and Sung Soo Hong PART III: CRITICAL ISSUES IN LAW AND SOCIETY IN KOREA 7. The Making of Public Interest Law in South Korea via the Institutional Discourses of Minbyeon, PSPD and Gonggam Patricia Goedde 8. Recent Reforms in the Legal Profession and Legal Education Dohyun Kim 9. The Constitutionalisation of the Representative System in Korea Kuk-Woon Lee 10. Transitional Justice in Korea: Legally Coping with Past Wrongs after Democratisation Kuk Cho Index

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Book SynopsisThis insightful collection of classic papers explores the effects of various legal institutions and policies on economic development. The editors include analysis of the historical, current, and future conditions of numerous legal traditions and strategies, both nationally and globally. The volume will enhance understanding of how legal policies influence economic growth. It will also contribute to the selection and advancement of those legal policies most likely to improve overall economic development and social welfare.This volume is an invaluable reference source for both scholars and practitioners interested or involved in the development of legal policy.Trade Review‘The study of the interaction between legal institutions and economic development is one of the most important research areas in economics and law. Professors Cooter and Parisi have produced a remarkable anthology. Their selection of articles and the way they have structured the literature form an original contribution in themselves. Even those who are already familiar with the literature will enjoy the refreshing perspective that is being offered by two of the leading scholars in the field.’ -- Gerrit De Geest, Washington University, St. Louis, USTable of ContentsContents: Acknowledgements Introduction Robert D. Cooter and Francesco Parisi PART I LAW, FINANCE AND ECONOMIC DEVELOPMENT 1. Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer and Robert W. Vishny (1998), ‘Law and Finance’ 2. Paul G. Mahoney (2001), ‘The Common Law and Economic Growth: Hayek Might be Right’ 3. Frank B. Cross (2002), ‘Law and Economic Growth’ 4. Edward L. Glaeser and Andrei Shleifer (2002), ‘Legal Origins’ 5. Bernard S. Black and Vikramaditya S. Khanna (2007), ‘Can Corporate Governance Reforms Increase Firm Market Values? Event Study Evidence from India’ PART II COMMON LAW AND LEGAL EVOLUTION 6. Mark J. Roe (1996), ‘Chaos and Evolution in Law and Economics’ 7. Y. Barzel (2000), ‘Dispute and its Resolution: Delineating the Economic Role of the Common Law 8. Vincy Fon and Francesco Parisi (2003), ‘Litigation and the Evolution of Legal Remedies: A Dynamic Model’ 9. Keith N. Hylton (2006), ‘Information, Litigation, and Common Law Evolution’ PART III PUBLIC CHOICE AND PUBLIC LAW 10. Frank H. Easterbrook (1983), ‘Statutes’ Domains’ 11. McNollgast (1994), ‘Legislative Intent: The Use of Positive Political Theory in Statutory Interpretation’ 12. Robert Cooter (2002), ‘Constitutional Consequentialism: Bargain Democracy versus Median Democracy’ 13. Francesco Parisi (2003), ‘Political Coase Theorem’ 14. Alan Schwartz and Robert E. Scott (1995), ‘The Political Economy of Private Legislatures’ 15. Tom Ginsberg (2002), ‘Ways of Criticizing Public Choice: The Uses of Empiricism and Theory in Legal Scholarship’ PART IV FEDERALISM AND CHOICE OF LAW 16. Andrew T. Guzman (2002), ‘Choice of Law: New Foundations’ 17. Robert P. Inman and Daniel L. Rubinfeld (1997), ‘Rethinking Federalism’ 18. Lucian Arye Bebchuk (1992), ‘Federalism and the Corporation: The Desirable Limits on State Competition in Corporate Law’ 19. Roberta Romano (2006), ‘The States as a Laboratory: Legal Innovation and State Competition for Corporate Charters’ 20. Michael J. Trebilcock (2003), ‘The Law and Economics of Immigration Policy’ Name Index

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Book SynopsisThe original contributions in this Handbook provide an introduction to the application of Austrian economics to law. The book begins with chapters on the methodology of law and economics before moving on to chapters which discuss key concepts in Austrian economics such as; dynamic competitive processes, spontaneous order, subjective value, entrepreneurship, and the limited nature of individual knowledge - as they relate to topics in evolutionary law and basic law.This book presents contributions from both economists and legal scholars on topics ranging from methodology of analysis and the evolution of contemporary legal practice, to the teachings of basic law. Taken as a whole, this Handbook provides a strong overview of contemporary research in the Austrian school of law and economics. It is an approach that reflects both the examination of how alternative legal arrangements impact economic performance, and how to use the tools of basic economic reasoning to study the operation of legal rules.Scholars working in the fields of law, jurisprudence, economics, and public policy will find this an important resource on the cutting edge of Austrian political economy in application to law and economics.Contributors include: B.L. Benson, P.J. Boettke, D.J. Boudreaux, H.N. Butler, E.R. Claeys, C.J. Coyne, M. DeBow, M.T. Henderson, S. Horwitz, P.G. Klein, M. Krause, T.A. Lambert, P.T. Leeson, J. Parker, G.J. Postema, S. Rajagopalan, D. Skarbek, E.P. Stringham, R.E. Wagner, T.J. ZywickiTable of ContentsContents: Part I Introduction 1. Law and economics: the contributions of the Austrian School of Economics Peter J. Boettke and Todd J. Zywicki Part II Methodology of Law and Economics 2. Property rights, the Coase Theorem and informality Martín Krause 3. Coase, Posner, and Austrian law and economics Peter T. Leeson Part III Evolutionary Law 4. Nature as first custom: Hayek on the evolution of social rules Gerald J. Postema 5. The law and economics of rule reform Christopher J. Coyne 6. Legal process for fostering innovation Henry N. Butler and Larry E. Ribstein 7. Customary commercial law, credibility, contracting, and credit in the high Middle Ages Bruce L. Benson 8. Self-Governance, property rights, and illicit commerce David Skarbek 9. Austrian law and economics and efficiency in the common law Todd J. Zywicki and Edward P. Stringham 10. Dispute resolution when rationalities conflict: cost and choice in a mixed economy Richard E. Wagner Part IV Basic Law 11. Sparks cases in contemporary law and economic scholarship Eric R. Claeys 12. Austrian economics and tort law Michael E. DeBow 13. Antitrust and competition from a market-process perspective Donald J. Boudreaux 14. Civil Procedure reconsidered Jeffrey S. Parker 15. An Austrian analysis of contemporary American business law Peter G. Klein and Thomas A. Lambert 16. Firms without boards: unleashing the Hayekian firm M. Todd Henderson 17. Bankruptcy judge as a central planner Todd J. Zywicki and Shruti Rajagopalan 18. Family Law, uncertainty, and the coordination of human capital Steven Horwitz Part V Conclusion 19. Conclusion: the future of “Austrian” Law and Economics Peter J. Boettke and Todd J. Zywicki Index

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Book SynopsisComparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date. In Part I, Methods and Disciplines, contributors approach critical issues in comparative law and society from a variety of academic fields, including sociology, criminology, anthropology, economics, political science, and psychology. This multidisciplinary approach highlights the importance of addressing the variance of perspectives inherent to the field. In Part II, Core Issues, chapters offer an exploration of major legal institutions, processes, professionals, and cultures associated with particular legal subjects. Since authors utilize the perspective of at least two different legal systems, this book offers a truly thorough and wide-ranging focus. The general reader, as well as students and scholars, will find this handbook useful in their continuing explorations into the interaction between law and society. Practitioners such as lawyers and judges with an interest in global perspectives of law will also find much to admire in this innovative volume. Contributors: M. Adler, N. Brewer, D.S. Clark, R. Cotterrell, B.L. Cutler, T. Ginsburg, M. Goodale, C. Guarnieri, R. Horry, B. Luppi, S.C. McCaffrey, E. Mertz, D. Nelken, F. Pakes, M.A. Palmer, F. Parisi, J.T. Polk, J.C. Reitz, R.E. Salcido, S. Stendahl, J.C. Suk, G.A. Tarr, S.C. Thaman, K. van Aeken, H.J. WiardaTable of ContentsContents: Preface 1. History of Comparative Law and Society David S. Clark PART I: METHODS AND DISCIPLINES 2. Comparative Sociology of Law Roger Cotterrell 3. Comparative Criminology Francis Pakes 4. Comparative Anthropology of Law Elizabeth Mertz and Mark Goodale 5. Comparative Law and Economics: Accounting for Social Norms Francesco Parisi and Barbara Luppi 6. Comparative Law and Political Economy John C. Reitz 7. Comparative Legal Psychology: Eyewitness Identification Ruth Horry, Matthew A. Palmer, Neil Brewer and Brian L. Cutler PART II: CORE ISSUES 8. Separation of Legislative and Executive Governmental Powers Howard J. Wiarda and Jonathan T. Polk 9. Federalism and Subnational Legal Systems: The Canadian Example of Provincial Constitutionalism G. Alan Tarr 10. Judges, their Careers, and Independence Carlo Guarnieri 11. Civil Court Litigation and Alternative Dispute Resolution Koen van Aeken 12. Criminal Courts and Procedure Stephen C. Thaman 13. Administrative Law, Agencies and Redress Mechanisms in the United Kingdom and Sweden Michael Adler and Sara Stendahl 14. Constitutional Law and Courts Tom Ginsburg 15. Legal Cultures David Nelken 16. Legal Education David S. Clark 17. Legal Professions and Law Firms David S. Clark 18. Legal Protection of the Environment Stephen C. McCaffrey and Rachael E. Salcido 19. Preventive Health at Work Julie C. Suk Index

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Book SynopsisThis book breaks new theoretical ground by constructing a framework of ‘relational vulnerability’ through which it analyses the disadvantaged position of those who undertake unpaid caregiving, or ‘dependency-work’, in the context of the private family. Expanding on existing socio-legal scholarship on vulnerability and resilience, it charts how the state seeks to conceal the embodied and temporal reality of vulnerability and dependency within the private family, while promoting an artificial concept of autonomous personhood that exposes dependency-workers work to a range of harms. The book argues that the legal framework governing the married and unmarried family reinforces principles of individualism and rationality, while labelling dependency-work as a private, gendered, and sentimental endeavor, lacking value beyond the family. It also considers how the state can respond to relational vulnerability and foster resilience. It seeks to provide a more comprehensive understanding of resilience, theorising its normative goals and applying these to different hypothetical state responses. Trade Review“The book provides a clear and understandable account of complex theoretical literature, while retaining focus upon the application of these theoretical ideas … . this book provides an excellent distillation of the role that ‘relational vulnerability’ could play in the legal regulation of adult personal relationships, offering some interesting potential solutions for the future. … book is a strong addition to the literature on the legal understanding of adult personal relationships and on the relationship between law and vulnerability theory.” (Alan Brown, International Journal of Law, Policy and the Family, December 11, 2021)Table of ContentsChapter 1: Introducing Relational Vulnerability.Chapter 2: Embodiment, Temporality and the Private Family.Chapter 3: Relational Vulnerability: Economic, Psychological, Spatial.Chapter 4: Vulnerability, Law and the Married Family. Chapter 5: Vulnerability, Law and the Unmarried Family. Chapter 6: Theorising Resilience.Chapter 7: Imagining the Responsive State.Chapter: 8 Concluding Thoughts.

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Book SynopsisThis book explores how the law and the institutions of the criminal justice system expose minorities to different types of violence, either directly, through discrimination and harassment, or indirectly, by creating the conditions that make them vulnerable to violence from other groups of society. It draws on empirical insights across a broad array of communities and locales including Afghanistan, Colombia, Pakistan, India, Malawi, Turkey, Brazil, Singapore, Puerto Rico, and the Philippines. It examines the challenges of protecting those at the margins of power, especially those whom the law is often used to oppress. The chapters explore intersecting, marginal identities influenced by four factors: rebuilding after violent regimes, economic interest behind the violence, entrenched cultural biases, and criminalisation of diversity. It provides scholars from the Global North with important lessons when attempting to impose their own solutions onto nations with a different history and context, or when applying their own laws to migrants from the Global South nations explored in this book. It speaks to legal and social science scholars in the fields of law, sociology, criminology, and social work. Table of ContentsPart I. Rebuilding after violence. - Chapter 1. The Caradiru Prison Massacre and Ongoing Military Repression in Brazil (Emilio Meyer, Marta Machado). - Chapter 2. Politics before Law: The New Penal Code of 2017 and its Limited Protections for Ethnic Minorities in Post-Conflict Afghanistan (Bashir Mobasher, Nasiruddin Nezaami). - Chapter 3. “Between denial and memory” a socio-legal reading of securitisation narratives in Transitional Colombia (Gustavo Rojas Paez). - Part II. Economic interest and the state. - Chapter 4. Enforcing Exclusion through the Law: The National Register of Citizens in India (Suraj Gogoi). - Chapter 5. Colonial Legal Continuities in Post-Colonial Pakistan: A look at the construction of law, ownership and crime (Sabeen Kazmi). - Chapter 6. (Cr)Immigration and Merit-Based Migration in the Global South: Policing "Alcoholic Indians" and "Bangladeshi Terrorists" in Singapore (George Radics). - Chapter 7. Disciplining colonial subjects: Neoliberal Legalities, Disasters and the Criminalization of Protest in Puerto Rico (José Atiles Osoria). - Part III. Entrenched cultural biases. - Chapter 8. “Truth” and “Consent” in Sexual Violence Reporting in Criminal Justice and Legal Contexts in Singapore (Dr Joseph Greener, Stacy Ooi). - Chapter 9. Between Toys and Behind Bars: Mothers in Jail in the State of Ceará, Brazil (Lara Nascimento Meneses, João Araújo Monteiro Neto, Nestor Eduardo Araruna Santiago). - Chapter 10. The “War on Drugs” in Philippine Criminal Courts: Legal Professionals' Moral Discourse and Plea Bargaining in Drug-Related Cases (Pablo Ciocchini, Jayson Lamchek). - Part IV. Criminalisation of Diversity. - Chapter 11. Circuits of Law: Everyday Criminalisation of Transgender Embodiment in Istanbul (Ezgi Taşcıoğlu). - Chapter 12. Reaffirming Womanhood: Young transwomen and online sex work in Philippines (Veronica Gregorio). - Chapter 13. A queer chinkhoswe: Reimagining the customary in Malawi (Nigel Timothy Mpemba Patel).

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Book SynopsisKlassische Ansätze der Rechtssoziologie.- Rechtsbildung: Grundlagen einer soziologischen Theorie.- Recht als Struktur der Gesellschaft.- Positives Recht.- Sozialer Wandel durch positives Recht.- Rechtssystem und Rechtstheorie.

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Book SynopsisTo honour this great scholar, this book gathers essays from admirers and friends who add their own contributions on legal pluralism, transnationalism and culture in Asia. The book opens with an account of M.B. Hooker colourful and prolific career. The authors then approach legal pluralism through legal theory, legal anthropology, comparative law, law and religion, constitutional law, even Islamic art, thus reflecting the broad approaches of Professor Hooker's scholarship. While most of the book focuses mainly on Southeast Asia, it also reaches out to all of Asia up to Israel, and even includes a chapter comparing Indonesia and Egypt.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisMoving beyond the question of whether an area of scholarly investigation can truly be characterized as ''legal'', Exploiting the Limits of Law combats the often unhelpful constraints of law''s subject-matter and formal processes. Through a process of reflection on the limits of law and repeated efforts to redraw them, this book challenges the general sense of pessimism among feminists and others about the usefulness of law as an instrument of change. The work combines theoretical analysis of the law''s boundaries with investigation of the practical settings for changing legal and policy environments. Both the empirical focus of this volume, and its underlying theoretical concern with the limits of the law and its gender implications, render it of interest to legal scholars throughout the world, whether of EU law, feminism, social policy or philosophy.Trade Review'This book deepens our understanding of Swedish legal feminism by contextualising it within the paradigms and epistemologies of Nordic legal scholarship. The authors’ thoroughgoing excavation of the field and their sustained, feminist challenge to the boundaries and limits of accepted legal knowledge, are both thought-provoking and inspiring.' Professor Rosemary Hunter, University of Kent, UK and Chair, Working Group on Gender and Law, Research Committee on Sociology of Law 'This joint Swedish-Australian edited book is useful and inspiring for those generally interested in contemporary understandings of law in a changing world. It takes advantage of the fact that this world is legally plural. The challenges to Nordic understandings of law and to feminist pessimism offered in the diverse theoretical and practice oriented contributions are both timely and uplifting.' Professor Hanne Petersen, University of Copenhagen, Denmark 'Exploiting the limits of law is a well-edited collection of exciting articles moving beyond the disciplinary question of what exactly should or could be characterised as 'legal' studies. The book offers very helpful critical analysis for all those interested in Scandinavian realism, legal dogmatics, current developments in welfare state feminism and the shortcomings of critical legal studies in the Nordic context, from a feminist point of view. It also contributes to the critical discussion on how to approach the question of law and politics, and how to challenge the social inequalities and power structures that reproduce gender inequalities and sexual hierarchies. The book is very suitable for use as course material in EU law, feminist jurisprudence, social policy, history of law and women's law.' Feminist Legal StudiesTable of ContentsChapter 1 Reflecting the Epistemology of Law – Exploiting Boundaries, ÅsaGunnarsson, Eva-MariaSvensson, MargaretDavies; Chapter 2 Boundary-Work in Legal Scholarship, Eva-MariaSvensson; Chapter 3 An Apparent Boundary Between Law and Politics, ÅsaPersson; Chapter 4 Legal Texts as Discourses, JohannaNiemi-Kiesiläinen, PäiviHonkatukia, MinnaRuuskanen; Chapter 5 Beyond Constructed Boundaries in Criminal Law Discourse, MonicaBurman; Chapter 6 Children Crossing Borders – On Child Perspectives in the Swedish Aliens Act and the Limits of Law, EvaNilsson; Chapter 7 Challenging the Heteronormativity of Law, GörelGranström; Chapter 8 Social Insurance Law – The Core of Swedish Welfare Law, RuthMannelqvist; Chapter 9 Challenging one Fundamental Norm in Labour Law – the Exception of the Employer’s Family and Home, CatharinaCalleman; Chapter 10 Exclusion of Solo Mothers in the Welfare State, LenaWennberg; Chapter 11 Gender Equality and the Diversity of Rights and Obligations in Swedish Social Citizenship, ÅsaGunnarsson; Chapter 12 Notes Towards an Optimistic Feminism, MargaretDavies;

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Book SynopsisThis volume examines European and national higher-court decisions on social media from the perspective of fundamental rights and judicial dialogue.While the challenges social media poses for public policy and regulation have been widely discussed, the role of courts in this evolving legal area, especially from a fundamental-rights standpoint, has hitherto remained largely underexplored. This volume probes the contribution of national and European judiciaries to the protection of fundamental rights in a social media setting and delves into patterns of dialogue and interaction between domestic courts, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR), and between the CJEU and the ECtHR. The book specifically examines the extent and ways in which national and European judges incorporate fundamental rights reasoning in their social media rulings. It also investigates the nature and breadth of the use of European supranational case law in domestic judicial assessment and analyses the engagement of the CJEU and the ECtHR with the otherâs case law. In doing so, the book instils jurisprudential dynamics into the study of social media law and regulation, exploring in particular the effects of European constitutionalism on the shaping and enforcement of fundamental rights in a social media context.Written by emerging and established experts in the field, this book will be essential reading for scholars of comparative, European and constitutional law, as well as those with a particular interest in digital technologies and social media.

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Book SynopsisThis book examines and explains the law relevant to bareboat or demise charterparties, a common form of maritime contract used by both operators of vessels and also as a form of lease finance. Its principal aim is to set out a structured analysis of all the rights and obligations of the parties to a bareboat charter. This will include consideration of the nature of the contract, its uses (both historical and current) in the market, and the key clauses in the standard form and commentary thereon.Providing a clause-by-clause analysis commentary on all the provisions of the BIMCO BARECON, and all decisions relevant to those clauses, Bareboat Charters addresses important topics such as termination, repossession and damages from an English law standpoint, adding useful guidance for practitioners. It considers general issues of contract and/or maritime law so far as they relate to bareboat charters, and extracts or summarises key passages of important case law.This book will serve as the standard reference work on the law relating to bareboat charters, providing comprehensive treatment of the subject, accessible and useful to shipping lawyers and also to shipowners, charterers, P&I Clubs, and other insurers.

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Book SynopsisTaking a fresh and modern approach, Contemporary Family Law: Principles and Practice gives students all the information they need to develop a clear understanding of this fascinating area of the law. Covering the very latest developments in family law, each chapter uses contemporary cases as a window to introducing core legal concepts, principles and developments, emphasising the dynamism and evolving nature of family law, in which practitioners, campaigners, law reformers and students all play their part.Key features include: Developments in family law are considered not only from a vantage point of judicial decision making but also from the perspective of the contribution made by solicitors, barristers and experts. This encourages students to develop a sense of their own potential agency when as future practitioners they represent their clients and engage in law reform In considering legal argument and case determination, the book places equality

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Book SynopsisThis is the first and leading comprehensive guide to security for costs in international arbitration, including commercial and investment arbitration, providing a text which will be the key resource for those considering, making and ruling on applications for security for costs. It is the first and only work to consider the 40+ factors informing the discretion to award security for costs.The author begins with an introduction and description of the security of costs controversy in international arbitration, and then explains the developing approach of arbitral tribunals to applications for security for costs, with reference to decisions published by ICC and ASA, and statistics of LCIA and decisions of the UK courts when they had the power to grant security for costs in international arbitration. The book features an analysis of the reasons given for restricting security for costs in international commercial arbitration to âexceptional circumstancesâ or similar. The author con

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Book SynopsisThis book provides the European structure of liability for failed contract negotiations through a comparative lens, with wider lessons for an international context.The book demonstrates that all the analysed legal systems, in Belgium, France, Germany, Italy, and the Netherlands, can be best understood through a binary structure in their approach to pre-contractual liability, or culpa in contrahendo. This structure consists of two key elements: first, a general liability framework that allows for compensation of pure economic loss based on certain qualified conduct, such as negligence; and second, an implicit obligation to contract, which, though not explicitly recognized, is presumed in most systems. The book argues that this dual framework provides valuable insights into ongoing scholarly debates and the challenges practitioners face in cases of failed contract negotiations. Drawing on these insights, it proposes a more effective approach to the obligation to contract: one that encourages parties to collaborate in reaching an agreement voluntarily rather than imposing one upon them.This book will be of interest to researchers in the field of comparative contract and tort law, European private law, and private law theory.

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Book SynopsisThis book examines the notion of a law of obligations as a conceptual category in itself; and, in doing this, it presents the foundational material in a context that draws on some comparative and theoretical ideas while, at the same time, emphasising the special characteristics of the common law.The book is specifically designed to act as an introduction to the legal research skills of reasoning and method. It also looks at the foundations of civil liability in a way that emphasises the interrelationship of source materials, problem solving and conceptual analysis and justification.Trade ReviewThe book will be widely used and remain of interest for many years. Maria Kycherova, Donetsk Humanitarian University, Ukraine.Table of ContentsPreface to the First Edition, Preface to the Second Edition, Table of Cases, Table of Statutes, Table of Statutory Instruments, Table of International Legislation, General Abbreviations, Reference Abbreviations, PRELIMINARY REMARKS, 1 GENERAL INTRODUCTION, PART I THE LAW OF ACTIONS, PART II THE LAW OF OBLIGATIONS, Index

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Book SynopsisThis text seeks to situate socio-legal studies in a global context. Law and society scholarship in the United States and elsewhere typically assumes one legal system and one society and explores the relationship between them. Such a narrow endeavor perpetuates a Western international relations model that too often conflates law, culture and the nation-state. A more global socio-legal perspective engages with multiple laws and societies within and across national borders and recognizes diverse socio-legal systems based on very different historical and cultural traditions, interacting on multiple local, national and global levels. This more global perspective also reveals an array of transnational issues including regional conflicts, genocide, mass immigration, environmental degradation, and climate change that have consistently defied resolution via conventional international system of governance. The approach to global legal pluralism outlined here seeks to provide a framework for enviTrade Review'In its scope, ambition and passion the result is one of the best books to emerge from this field in recent years. It will remain a reference point in years to come.' Desmond Manderson, Law and HumanitiesTable of Contents1. Introduction: socio-legal scholarship in the twenty-first century; 2. Interconnected themes and challenges; 3. Producing legal knowledge; 4. Re-imagining legal geographies; 5. Securing peoples; 6. Re-racializing the world; 7. Conclusion: the enduring relevance of law?

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Book SynopsisThe contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world.Trade Review'… a wide and encompassing look at hate speech in its various forms and the various factors (of which modern communications is but one) that push for a rethink of regulations. … The Content and Context of Hate Speech is a useful and enjoyable book for anyone who is interested in the issue, whether as part of academic research, as a participant in the public debate or as a media professional. The book can be read through from beginning to end, to challenge the mind and get new ideas, or it can be used to go deeper on specific issues through the interesting sources referred to and the many new facts presented.' Katrin Merike Nyman-Metcalf, International and Comparative Law Quarterly'The 'context' of anti-Gypsyism, and the connections between hateful words and heinous deeds pose profound and troubling questions for champions of free speech and opponents of content-based bans … This stimulating collection of interviews and essays edited by Herz and Molnar provides a singularly comprehensive rethink on responses to the content and context of hate speech.' Bernard Rorke, European Roma Rights Centre (ERRC) blog'[The title] The Content and Context of Hate Speech: Rethinking Regulation and Responses is well chosen for the collection of essays assembled by [Herz and Molnar] … To the extent that this can be done in a few words, it encapsulates an important part of the debate over what to do about hate speech. The essays reflect a broad consensus that hate speech is one of the afflictions of our era and that there is a need to counter it. … There is much to admire in the essays …' Aryeh Neier, International Journal of Constitutional LawTable of ContentsForeword: hate speech and the coming death of the international standard before it was born (complaints of a watchdog) Miklos Haraszti; Foreword: hate speech and common sense Adam Liptak; Part I. Overviews: 1. Interview with Robert Post Peter Molnar and Robert Post; 2. Is there a case for banning hate speech Bhikhu Parekh; 3. Hate speech C. Edwin Baker; 4. Interview with Kenan Malik Peter Molnar and Kenan Malik; 5. Hate speech and the demos Jamal Greene; 6. On American hate speech law Floyd Abrams; Part II. Refinements and Distinctions: 7. Social epistemology, Holocaust denial, and the post-millian calculus Frederick Schauer; 8. Denying experience: Holocaust denial and the free speech theory of the state Julie Suk; 9. What's wrong with defamation of religion? Kwame Anthony Appiah; 10. 'Hate speech' and imminent danger of violence Peter Molnar; 11. Reconceptualizing counter-speech in hate speech policy (with a focus on Australia) Katharine Gelber; 12. Hate speech and self-restraint Arthur Jacobson and Bernhard Schlink; 13. Hate speech in constitutional jurisprudence: a comparative analysis Michel Rosenfeld; 14. One step beyond hate speech: post-Soviet regulation of 'extremist' and 'terrorist' speech in the media Andrei Richter; 15. Hate speech and comprehensive forms of life Alon Harel; Part III. Equality and Fear: 16. Hate speech and political legitimacy Jeremy Waldron; 17. Reply to Jeremy Waldron Ronald Dworkin; 18. Waldron, Machiavelli, and hate speech Stephen Holmes; 19. Shielding marginalized groups from verbal assaults without abusing hate speech laws Yared Legesse Mengistu; 20. Interview with Nadine Strossen Peter Molnar and Nadine Strossen; 21. Interview with Theodore Shaw Peter Molnar and Theodore Shaw; Part IV. International Law: 22. Does international law provide for consistent rules on hate speech? Toby Mendel; 23. State-sanctioned incitement to genocide: the responsibility to prevent Irwin Cotler; 24. A survey and critical analysis of Council of Europe strategies for countering 'hate speech' Tarlach McGonagle; 25. The American convention on human rights: regulation of hate speech and similar expression Eduardo Bertoni and Julio Rivera, Jr; 26. Orbiting hate: satellite transponders and free expression Monroe Price.

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