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Law and Reputation: How the Legal System Shapes Behavior by Producing Information
by Roy ShapiraThe legal system affects behavior not just directly, by imposing sanctions, but also indirectly, by producing information on how people behave. For example, internal company documents exposed during litigation will help third parties assess whether they trust a company and want to keep doing business with it. The law therefore affects behavior by shaping reputations. Drawing on economics, communications, and a nascent multidisciplinary literature on reputation, Roy Shapira highlights how reputation works, and how information from the courtroom affects the court of public opinion, with a particular emphasis on the role of the media. By fleshing out interactions between law and reputation, Shapira corrects common misperceptions about the ability of market forces to discipline corporate behavior and adds to timely, ongoing debates such as the desirability of heightened pleading standards or mandatory arbitration clauses. Law and Reputation should interest any scholar who invokes notions of market discipline in their work.
Law and Responsible Supply Chain Management: Contract and Tort Interplay and Overlap (Routledge Research in Corporate Law)
by Vibe Ulfbeck Alexandra Andhov Kateřina MitkidisCorporate Social Responsibility has for long been on the agenda in the business world and recently, it has also become a political agenda in the European Union. Focusing on international supply chains and their control based on studies of law in several European jurisdictions, this book aims to advance the discussion on the application and enforcement of CSR. Drawing parallels to US and Canadian law, the book explores to what extent private law tools can be used as an enforcement device and it ultimately asks if what we are witnessing is the formation of a new area of law, employing the interplay of contract and tort – a law of "production liability", as a corollary of the concept of "product liability".
Law and Revolution in South Africa: uBuntu, Dignity, and the Struggle for Constitutional Transformation (Just Ideas)
by Drucilla CornellThe relation between law and revolution is one of the most pressing questions of our time. As one country after another has faced the challenge that comes with the revolutionary overthrow of past dictatorships, how one reconstructs a new government is a burning issue.South Africa, after a long and bloody armed struggle and a series of militant uprisings, negotiated a settlement for a new government and remains an important example of what a substantive revolution might look like. The essays collected in this book address both the broader question of law and revolution and some of the specific issues of transformation in South Africa.
Law and Revolution: Past Experiences, Future Challenges
by Matej Accetto Katja Škrubej Joseph H. H. WeilerThe last one hundred years have seen a number of events that could be perceived as disruptive challenges to the normal operation of the legal order. Some have been disruptive innovations of technologies or business practices, others social changes or constitutional transformations, further buttressed by the impact of globalisation and interdependence affecting the development of international, transnational and global law. Coincidentally, this period of one hundred years has been bookended by two pandemics, themselves disruptive realities testing the resilience as well as the adaptability of the legal regimes. A hundred years ago, the founding dean of a newly established law faculty beginning its mission amid the ashes of the First World War and the disintegration of the only remaining European empire gave an opening lecture exploring the role of law and judges in the face of revolutionary societal changes. Drawing upon that important text, this edited volume explores similar challenges for law brought about by various disruptive realities. The collection looks at the past as well as the future. Following the text of the opening lecture by Pitamic, the contributions are grouped under five headings, dealing with the law and revolution in 1918, the challenges posed for law by the seemingly more gradual political or technological transformations, the effects of globalisation and the changing world, with the final contributions reassessing the law, its methodologies and traditional paradigms including, in the epilogue, the challenges posed for law the recent disruptive reality of the Covid-19 pandemic. The book will be of interest to academics, researchers and policy-makers working in the areas of legal history, jurisprudence, constitutional law, law and politics, and law and technology.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Law and Sacrifice: Towards a Post Apartheid Theory of Law (Birkbeck Law Press)
by John Willem Gous van der WaltIn the wake of apartheid, Law and Sacrifice draws on the uniquely expansive protection of fundamental rights now entrenched in the South African Constitution to outline a new theory of law. The South African Constitution not only protects the rights of people against abuses of power by the state, but also against abuses of power by private legal subjects. Drawing upon the work of contemporary thinkers such as Martin Heidegger, Hannah Arendt, George Bataille, Jacques Derrida Emmanuel Levinas and Jean-Luc Nancy, the author elicits the radical democratic potential of this 'horizontal' notion of rights. Johan van der Walt argues that apartheid must be understood as more than a racist abuse of power, and here he articulates its 'sacrificial logic'. It is in going beyond this logic, he maintains, that the truly democratic potential of the South African Constitution can be understood: in a radical formal and substantive equality that offers the legal basis for rethinking a post-apartheid future. Combining a rigorous theoretical understanding with a subtle political engagement, Law and Sacrifice is a dazzling interrogation of the limits and possibilities of democratic pluralism. It will be of interest to political and legal theorists as well as to those who are concerned with South African law and politics.
Law and Self-Knowledge in the Talmud
by Ayelet Hoffmann LibsonThis book examines the emergence of self-knowledge as a determining legal consideration among the rabbis of Late Antiquity, from the third to the seventh centuries CE. <P><P>Based on close readings of rabbinic texts from Palestine and Babylonia, Ayelet Hoffmann Libson highlights a unique and surprising developing in Talmudic jurisprudence, whereby legal decision-making incorporated personal and subjective information. She examines the central legal role accorded to individuals' knowledge of their bodies and mental states in areas of law as diverse as purity laws, family law and the laws of Sabbath. By focusing on subjectivity and self-reflection, the Babylonian rabbis transformed earlier legal practices in a way that cohered with the cultural concerns of other religious groups in Late Antiquity. They developed sophisticated ideas about the inner self and incorporated these notions into their distinctive discourse of law.<P> Uses a philosophical lens to explore rabbinic literature.<P> Accessibly written.<P> Weaves together legal and narrative sources.
Law and Sexual Misconduct in New England, 1650-1750: Steering Toward England
by Abby ChandlerHaving arriving in the Province of Maine in 1641 with a brief to create both government and law for the fledgling colony, Thomas Gorges later recorded his policy as having ’steared as neere as we could to the course of Ingland’. Over the course of the next century the various colonial administrations all consciously measured their laws against that of England, whether their intention was imitation of or conscious opposition to, established English legal system. In order to trace the shifting and contested relationships between colonial laws and English laws, this book focuses on the prosecution of sexual misconduct. All crimes can threaten orderly society but no other crime posed quite the same long term implications as illicit sex resulting in the birth of illegitimate children who became their own social challenges. Sexual misconduct was, consequently, a major concern for early modern leaders, making it a particularly fruitful subject for studying the complex relationship between laws in England and laws in the English colonies. Political and ecclesiastical leaders create laws to coerce people to behave in a certain fashion and to convey wider messages about the societies they govern. When those same laws are broken, lawbreakers must be tried and punished by a means intended to serve as a warning to other would-be lawbreakers. In this book the two-part analysis of changing sexual misconduct laws and the resulting trial depositions highlights the ways in which ordinary New England colonists across New England both interacted with and responded to the growing Anglicization of their legal systems and makes the argument that these men and women saw themselves as taking part in a much larger process.
Law and Social Economics
by Mark D. WhiteThis edited volume is the first collection of essays exploring the intersection of social economics and the law, providing alternatives to neoclassical law-and-economics and applying them to real-world issues. Law is a social enterprise concerned with values such as justice, dignity, and equality, as well as efficiency - which is the same way that social economists conceive of the economy itself. Social economists and legal scholars alike need to acknowledge the interrelationship between the economy and the law in a broader ethical context than enabled by mainstream law-and-economics. The ten chapters in Law and Social Economics, written by an international assortment of scholars from economics, philosophy, and law, employ a wide variety of approaches and methods to show how a more ethically nuanced approach to economics and the law can illuminate both fields and open up new avenues for studying social-economic behavior, policy, and outcomes in all their ethical and legal complexity.
Law and Social Movements (The\international Library Of Essays In Law And Society Ser.)
by Michael McCannThe work of both socio-legal scholars and specialists working in social movements research continues to contribute to our understanding of how law relates to and informs the politics of social movements. In the 1990s, an important line of new research, most of it initiated by those working in the law and society tradition, began to bridge the gaps between these two areas of scholarship. This work includes new approaches to grouplegal mobilization politics; analysis of the judicial impact on social reform struggles; studies of individual legal mobilization in civil disputing and an almost entirely new area of research incause lawyering. It brings together the best of this research introduced by a detailed essay by the editor.
Law and Social Policy in the Global South: Brazil, China, India, South Africa
by Albert H.Y. Chen Ulrike DavyThe book is an in-depth study of the origins and the trajectories of the law governing social policies in Brazil, China, India, and South Africa, four middle-income countries in the global South with a history in social policy making that starts in the 1920s. The policies of these countries affect almost half of the world’s population. The book takes the legal framework of the policies as a starting point, but the main interest lies behind the letter of the law: What were the objectives and goals of social policy over the course of the last 100 years? What were the ideas, ideologies, and values pursued by relevant actors? The book comprises four country studies and a comparative study. The country studies concentrate on the political and social context of social policy making in Brazil, China, India, and South Africa as well as on the ideas, ideologies, and values underpinning the constitution, statutory laws, and case law that frame and shape social policy at the national level. The country studies are complemented by a comparative study exploring and describing the commonalities and differences in the ideational approaches to social policies across the four countries, nationally and – in the formative decades – internationally. The comparative study also identifies the characteristics that make Brazilian, Chinese, Indian, and South African social policies distinct from European social policies. With its emphasis on law and drawing on legal scholarship, the book adds a new dimension to the existing accounts on welfare state building, which, so far, are dominated by European narratives and by scholars with a background in sociology, political science, and development studies. This book is relevant to specialists and peers and will be invaluable to those individuals interested in the fields of comparative and international social security law, human rights law, comparative constitutional law, constitutional history, law and development studies, comparative social policies, global social policies, social work, and welfare state theory.
Law and Social Solidarity in Contemporary China: A Durkheimian Analysis (The Rule of Law in China and Comparative Perspectives)
by Han PengThis book adopts Durkheim’s legal perspective to treat law as a symbol of social solidarities to examine Chinese society. The work analyzes changes in the nature of social solidarity from observing changes in laws, thus drawing together western socio-legal theory and distinctive Chinese conditions. It draws on Durkheim’s theoretical framework and methodology to develop a more comprehensive understanding of the role of law using theories of others such as Habermas and by taking into account the discussion of power and the conflicts of interests in analyzing key social features during transition. The analysis of social anomie in terms of the changes of juridical rules as well as the changes in the nature of social solidarity provides an inspiring perspective to look into contemporary social problems. The book will be essential reading for researchers and academics working in the areas of socio-legal studies, legal theory and law and society in China.
Law and Society
by Matthew LippmanLaw and Society offers a contemporary yet concise description of the structure and function of legal institutions, along with a lively discussion of both criminal and civil law, as well as basic legal doctrine. Unlike comparable books on law and society available today, Matthew Lippman takes an interdisciplinary approach to integrate distinctive coverage of diversity, inequality, and globalism through an organized theme in a strong narrative. This practical and invigorating text provides readers with a better understanding of the connection between law and society and the impact recent literature on crime, justice, international human rights, and law has had to promote that connection.
Law and Society
by Matthew Lippman“This is a well-rounded book that seems more interesting to students than other books I have used. It provides information on some cutting-edge themes in law and society while staying well grounded in the theories used by law and society practitioners.” —Lydia Brashear Tiede, Associate Professor, University of Houston Law and Society, Second Edition, offers a contemporary, concise overview of the structure and function of legal institutions, along with a lively discussion of both criminal and civil law and their impact on society. Unlike other books on law and society, Matthew Lippman takes an interdisciplinary approach that highlights the relevance of the law throughout our society. Distinctive coverage of diversity, inequality, civil liberties, and globalism is intertwined through an organized theme in a strong narrative. The highly anticipated Second Edition of this practical and invigorating text introduces students to both the influence of law on society and the influence of society on the law. Discussions of the pressing issues facing today’s society include key topics such as the law and inequality, international human rights, privacy and surveillance, and law and social control. Log in at study.sagepub.com/lippmanls2e for additional teaching and learning tools.
Law and Society
by Matthew Lippman“This is a well-rounded book that seems more interesting to students than other books I have used. It provides information on some cutting-edge themes in law and society while staying well grounded in the theories used by law and society practitioners.” —Lydia Brashear Tiede, Associate Professor, University of Houston Law and Society, Second Edition, offers a contemporary, concise overview of the structure and function of legal institutions, along with a lively discussion of both criminal and civil law and their impact on society. Unlike other books on law and society, Matthew Lippman takes an interdisciplinary approach that highlights the relevance of the law throughout our society. Distinctive coverage of diversity, inequality, civil liberties, and globalism is intertwined through an organized theme in a strong narrative. The highly anticipated Second Edition of this practical and invigorating text introduces students to both the influence of law on society and the influence of society on the law. Discussions of the pressing issues facing today’s society include key topics such as the law and inequality, international human rights, privacy and surveillance, and law and social control. Log in at study.sagepub.com/lippmanls2e for additional teaching and learning tools.
Law and Society
by Matthew LippmanLaw and Society, Fourth Edition, offers a contemporary overview of the structure and function of legal institutions, along with a lively discussion of both criminal and civil law and their impact on society. Unlike other books on law and society, Matthew Lippman takes an interdisciplinary approach that highlights the relevance of the law throughout our society. Distinctive coverage of diversity, inequality, civil liberties, and globalism is intertwined through an organized theme in a strong narrative. The highly anticipated Fourth Edition of this practical and invigorating text introduces students to both the influence of law on society and the influence of society on the law. Discussions of the pressing issues facing today′s society include key topics such as the law and inequality, international human rights, privacy and surveillance, and law and social control.
Law and Society
by Matthew LippmanLaw and Society, Fourth Edition, offers a contemporary overview of the structure and function of legal institutions, along with a lively discussion of both criminal and civil law and their impact on society. Unlike other books on law and society, Matthew Lippman takes an interdisciplinary approach that highlights the relevance of the law throughout our society. Distinctive coverage of diversity, inequality, civil liberties, and globalism is intertwined through an organized theme in a strong narrative. The highly anticipated Fourth Edition of this practical and invigorating text introduces students to both the influence of law on society and the influence of society on the law. Discussions of the pressing issues facing today′s society include key topics such as the law and inequality, international human rights, privacy and surveillance, and law and social control.
Law and Society Today
by Riaz TejaniLaw 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.
Law and Society in Classical Athens (Routledge Revivals)
by Richard GarnerLaw and Society in Classical Athens, first published in 1987, traces the development of legal thought and its relation to Athenian values. Previously Athens’ courts have been regarded as chaotic, isolated from the rest of society and even bizarre. The importance of rhetoric and the mischief made by Aristophanes have devalued the legal process in the eyes of modern scholars, whilst the analysis of legal codes and practice has seemed dauntingly complex. Professor Garner aims to situate the Athenian legal system within the general context of abstract thought on justice and of the democratic politics of the fifth century. His work is a valuable source of information on all aspects of Athenian law and its relation to culture.
Law and Society in East Asia (Law In East Asia Ser.)
by Christoph AntonsThe massive and complex process of change in East Asia over recent decades has brought about a transformation in the nature of law and legal institutions in the region. Whilst the process of change has to some degree mimicked western models of law and legal change, there have been significant differences in approach due to the different social foundations of East Asian societies. The more obvious of these has been the variety of ways in which rule of law ideas have been adopted in many East Asian countries where the role of the state is more dominant when compared with Western models. This volume brings together a selection of the most important writings on East Asia of researchers in recent years, and shows the broad range of questions which researchers have been addressing about the effect of law reform and legal change in societies dominated by traditional values and political forces, and at a time of massive economic change.
Law and Society in Latin America: A New Map (Law, Development and Globalization)
by Cesar Rodriguez GaravitoOver the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.
Law and Society in Puritan Massachusetts: Essex County, 1629-1692 (Studies in Legal History)
by David Thomas KonigDistinguished by the critical value it assigns to law in Puritan society, this study describes precisely how the Massachusetts legal system differed from England's and how equity and an adapted common law became so useful to ordinary individuals. The author discovers that law gradually replaced religion and communalism as the source of social stability, and he gives a new interpretation to the witchcraft prosecutions of 1692.Originally published 1979.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Law and Society in Transition: Toward Responsive Law
by Robert A. Kagan Philip Selznick Philippe NonetYear by year, law seems to penetrate ever larger realms of social, political, and economic life, generating both praise and blame. Nonet and Selznick's Law and Society in Transition explains in accessible language the primary forms of law as a social, political, and normative phenomenon. They illustrate with great clarity the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity. To make jurisprudence relevant, legal, political, and social theory must be reintegrated. As a step in this direction, Nonet and Selznick attempt to recast jurisprudential issues in a social science perspective. They construct a valuable framework for analyzing and assessing the worth of alternative modes of legal ordering. The volume's most enduring contribution is the authors' typology-repressive, autonomous, and responsive law. This typology of law is original and especially useful because it incorporates both political and jurisprudential aspects of law and speaks directly to contemporary struggles over the proper place of law in democratic governance. In his new introduction, Robert A. Kagan recasts this classic text for the contemporary world. He sees a world of responsive law in which legal institutions-courts, regulatory agencies, alternative dispute resolution bodies, police departments-are periodically studied and redesigned to improve their ability to fulfill public expectations. Schools, business corporations, and governmental bureaucracies are more fully pervaded by legal values. Law and Society in Transition describes ways in which law changes and develops. It is an inspiring vision of a politically responsive form of governance, of special interest to those in sociology, law, philosophy, and politics.
Law and Society in Transition: Toward Responsive Law
by Robert A. Kagan Philip Selznick Philippe NonetYear by year, law seems to penetrate ever larger realms of social, political, and economic life, generating both praise and blame. Nonet and Selznick's Law and Society in Transition explains in accessible language the primary forms of law as a social, political, and normative phenomenon. They illustrate with great clarity the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity. To make jurisprudence relevant, legal, political, and social theory must be reintegrated. As a step in this direction, Nonet and Selznick attempt to recast jurisprudential issues in a social science perspective. They construct a valuable framework for analyzing and assessing the worth of alternative modes of legal ordering. The volume's most enduring contribution is the authors' typology-repressive, autonomous, and responsive law. This typology of law is original and especially useful because it incorporates both political and jurisprudential aspects of law and speaks directly to contemporary struggles over the proper place of law in democratic governance. In his new introduction, Robert A. Kagan recasts this classic text for the contemporary world. He sees a world of responsive law in which legal institutions-courts, regulatory agencies, alternative dispute resolution bodies, police departments-are periodically studied and redesigned to improve their ability to fulfill public expectations. Schools, business corporations, and governmental bureaucracies are more fully pervaded by legal values. Law and Society in Transition describes ways in which law changes and develops. It is an inspiring vision of a politically responsive form of governance, of special interest to those in sociology, law, philosophy, and politics.
Law and Society in a Populist Age: Balancing Individual Rights and the Common Good
by Amitai EtzioniThe law-based, political institutions in many democratic societies are being challenged by fast-growing populist movements, parties, and leaders. In other nations, the state is failing. These seismic changes call for greater attention to be paid to the role society plays in forming and challenging laws—and how the law copes with these challenges. Amitai Etzioni, one of the most respected thinkers in the US, argues for a new liberal communitarian approach as an effective response to populism. This recognizes that different members of the society have differing values, interests, and needs that cannot be fully reconciled to legislation in a populist age. The book considers the core challenge in a variety of contexts, including national security versus privacy, private sector responsibility, freedom of the press, campaign finance reform, regulatory law and the legal status of terrorists. Thus the book offers a timely discussion of key issues for contemporary society and the relationship of the law to the citizen in a fast-changing environment.
Law and Society in the Age of Theoderic the Great
by Sean D. W. LaffertyThis book explores the evolution of Roman law and society in Italy from 493, with the proclamation of the Ostrogoth Theoderic the Great as king, until about 554, when the eastern Emperor Justinian was able to re-establish imperial authority in the region. Drawing upon evidence from a variety of legal and historical sources, it investigates how Theoderic and his successors attempted to govern the peninsula in the wake of foreign invasions, the collapse of civic administration, the break-up of the Mediterranean economy, and the emergence of new forms of religious and secular authority. It challenges long-held assumptions as to just how peaceful, prosperous and Roman-like Theoderic's Italy really was. Its primary focus is the Edictum Theoderici, a significant but largely overlooked document that offers valuable historical insights into the complex and sometimes contested social, political and religious changes that marked Italy's passage from Antiquity into the Middle Ages.