Handbook On Legal Cultures
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Handbook On Legal Cultures
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Author : Sören Koch
language : en
Publisher: Springer Nature
Release Date : 2023-05-30
Handbook On Legal Cultures written by Sören Koch and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-30 with Law categories.
Cooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.
Comparing Legal Cultures
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Author : Sören Koch
language : en
Publisher:
Release Date : 2020-08-10
Comparing Legal Cultures written by Sören Koch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-10 with categories.
In the present era of internationalisation of law, being able to analyse legal culture enables legal cooperation. However, legal culture is still more a theoretical concept than an analytical tool applied when approaching law. There are many kinds of legal cultures, concerning different groups of legal actors or covering different geographical areas, and they are at times overlapping. However, the national legal culture is still the one that has the largest influence on the everyday life of citizens and the day-to-day work of lawyers. In this book, the editors first theorize on and give practical guidance on how to identify, deconstruct and examine legal culture. Based on a common analytical framework, the editors and a large number of expert contributors explore central institutional and intellectual features of legal culture in 12 European countries next to USA, China and Australia allowing the reader to systematically compare legal cultures.This is the second and extended version of Comparing Legal Cultures, which is the first thorough and extensive book that analyses national legal cultures as an approach to comparative law.
Legal Culture Legality And The Determination Of The Grounds Of Judicial Review Of Administrative Action In England And Australia
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Author : Voraphol Malsukhum
language : en
Publisher:
Release Date : 2021
Legal Culture Legality And The Determination Of The Grounds Of Judicial Review Of Administrative Action In England And Australia written by Voraphol Malsukhum and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.
This book presents a navigating framework of legal culture and legality to facilitate a comprehensive understanding of the English and Australian determination of the grounds of judicial review. This book facilitates tangible process of how and why jurisdictional error, jurisdictional fact, proportionality and substantive legitimate expectations are debatable in English law, while they are either completely rejected or firmly entrenched in Australian law. This book argues that these differences are not just random. Legality is not just a fig-leaf, but is profoundly rooted in legal systems' legal culture; hence, it dictates the way in which courts empower, justify, constrain or limit the scope of judicial review. This book presents evidence that courts differ in legal systems and apply diverse ways to determine the scope of judicial review based on their deep understanding of legality, which is embedded in the legal culture of their legal system. This book uses comparative methodology and develops this framework between English and Australian law. Although obvious and important, this book presents a kind of examination that has never been undertaken in this depth and detail before.
Law Legal Culture And Society
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Author : Alberto Febbrajo
language : en
Publisher: Taylor & Francis
Release Date : 2018-07-04
Law Legal Culture And Society written by Alberto Febbrajo and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-04 with Law categories.
This volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural ways in which legal cultures work in a modern society, through the metaphor of the mirror. As a mirror of society, it distinguishes between the structure and function of legal culture within the legal system, and the external representation of law in society. This duality is further problematized in relation to the increasing transnationalisation of law. Based on a multi-level interpretation of the concept of legal culture, the work is divided into three parts: the first addresses the mutual reflections of social and legal norms that support a pluralist representation of internal legal cultures, the second concentrates on the external legal cultures that constantly enable pragmatic adjustments of the legal order to its social environment, and the third concludes the book with a theoretical discussion of the issues presented.
Envisioning Legality
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Author : Timothy Peters
language : en
Publisher: Routledge
Release Date : 2017-11-30
Envisioning Legality written by Timothy Peters and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-30 with Law categories.
Envisioning Legality: Law, Culture and Representation is a path-breaking collection of some of the world’s leading cultural legal scholars addressing issues of law, representation and the image. Law is constituted in and through the representations that hold us in their thrall, and this book focuses on the ways in which cultural legal representations not only reflect or contribute to an understanding of law, but constitute the very fabric of legality itself. As such, each of these ‘readings’ of cultural texts takes seriously the cultural as a mode of envisioning, constituting and critiquing the law. And the theoretically sophisticated approaches utilised here encompass more than simply an engagement with ‘harmless entertainment’. Rather they enact and undertake specific political and critical engagements with timely issues, such as: the redressing of past wrongs, recognising and combatting structural injustices, and orienting our political communities in relation to uncertain futures. Envisioning Legality thereby presents a cultural legal studies that provides the means for engaging in robust, sustained and in-depth encounters with the nature and role of law in a global, mediated world.
Law Book Culture In The Middle Ages
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Author :
language : en
Publisher: BRILL
Release Date : 2021-02-01
Law Book Culture In The Middle Ages written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-01 with History categories.
Law | Book | Culture in the Middle Ages takes a detailed view on the role of manuscripts and the written word in legal cultures, spanning the medieval period across western and central Europe.
Legal Cultures And Human Rights
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Author : Kirsten Hastrup
language : en
Publisher: BRILL
Release Date : 2021-08-04
Legal Cultures And Human Rights written by Kirsten Hastrup and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-04 with Law categories.
Cultural diversity, as expressed for instance in different normative orders or legal cultures, poses both a practical and a theoretical challenge to the idea of universal human rights. In the present volume, the authors seek to address and contain this challenge with a view to the changing nature of the global society. While 'culture' is sometimes signposted as an obstacle to human rights on the ground, this volume suggests that in so far as the global 'culture of human rights' is primarily seen as a formal and institutional order based on a particular view of equal human worth, local cultures cannot trump it. The main point is that the culture of human rights is inclusive of all and must maintain a standard by which all peoples and cultures can measure their own performances. Further, and as demonstrated in the present volume from a range of disciplines such as law, literature, history and anthropology, culture is not a mental prison but a particular outlook upon the world, for ever changing in response to new experiences and insights.
Using Legal Culture
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Author : David Nelken
language : en
Publisher: Wildy, Simmonds & Hill Publishing
Release Date : 2012
Using Legal Culture written by David Nelken and has been published by Wildy, Simmonds & Hill Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Culture and law categories.
In comparative legal studies, the concept of legal culture has come to play an increasingly significant role in contemporary theorising, empirical analysis and methodological innovation. Using Legal Culture explores a number of the key issues regarding the use of this concept. The essays contained in this book were originally presented in the Journal of Comparative Law Workshop held in Venice University (Ca' Foscari) May 20-21, 2010. The papers show that legal culture is a very productive concept, and also one which carries different meanings and resonances in different places and different languages and which sometimes means different things to different scholars. This collection therefore offers an especially helpful set of reflections on the nature and analytical value of this concept. The studies published here broadly speaking fall into three categories: general reflections on the concept of legal culture, the use of the concept in the micro-dimensions of the engagement of law with everyday life, and legal culture as a more holistic idea employed to characterise aspects of professionally administered schemes of law and practice. The chapters are written by prominent international scholars, and given a general introduction by one the foremost researchers in the study of legal culture: Professor David Nelken. The book provides an important resource for all students and scholars with an interest in comparative legal studies, as well as for anyone interested in the relationship between law and culture.
French Legal Cultures
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Author : John Bell
language : en
Publisher: Cambridge University Press
Release Date : 2001-05-01
French Legal Cultures written by John Bell and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-05-01 with Law categories.
This important new textbook compares civil and common law systems using the French legal system as its basis. Focusing on the four main branches of French Law: civil, criminal, administrative and constitutional law, the book examines the way that the judiciary, lawyers and academics operate within them.
Formation And Transmission Of Western Legal Culture
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Author :
language : en
Publisher:
Release Date : 2016
Formation And Transmission Of Western Legal Culture written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.