Using Legal Culture
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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.
Comparing Legal Cultures
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Author : David Nelken
language : en
Publisher: Routledge
Release Date : 2017-03-02
Comparing Legal Cultures written by David Nelken and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
This volume cross-examines mainstream approaches to studying legal culture (e.g. those of Friedman and Blankenburg). It includes debates over the concept of legal culture and a variety of case studies of different legal cultures.
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.
Exploring Law And Culture
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Author : Dorothy H. Bracey
language : en
Publisher: Waveland Press
Release Date : 2005-11-14
Exploring Law And Culture written by Dorothy H. Bracey and has been published by Waveland Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-11-14 with Social Science categories.
Evocative and stimulating, engaging and timely, this small volume makes sense of the complicated and reciprocal relationship between law and culture. It starts with various definitions of law and the factors that anthropologists consider when they compare legal systems. Next, the experiences of exemplary researchers throughout history and some of the methods they used in their discoveries are discussed. Readers learn how to employ the comparative method and build a typology based on the source of a particular law by putting the world’s legal system into one of three categories: Western law, religious law, and traditional law. The book also tackles important issues such as formal law versus informal law, using law to legitimize power, and clashing values within a single legal system. Examples from fieldwork experiences and historical events offer readers a chance to see how a method has been applied or a concept developed—as well as how law and culture are intertwined in the real world.
Legal Culture In The United States An Introduction
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Author : Kirk Junker
language : en
Publisher: Routledge
Release Date : 2016-02-22
Legal Culture In The United States An Introduction written by Kirk Junker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-22 with Law categories.
For law students and lawyers to successfully understand and practice law in the U.S., recognition of the wider context and culture which informs the law is essential. Simply learning the legal rules and procedures in isolation is not enough without an appreciation of the culture that produced them. This book provides the reader with an understandable introduction to the ways in which U.S. law reflects its culture and each chapter begins with questions to guide the reader, and concludes with questions for review, challenge and further understanding. Kirk W. Junker explores cultural differences, employing history, social theory, philosophy, and language as "reference frames," which are then applied to the rules and procedures of the U.S. legal system in the book’s final chapter. Through these cultural reference frames readers are provided with a set of interpretive tools to inform their understanding of the substance and institutions of the law. With a deeper understanding of this cultural context, international students will be empowered to more quickly adapt to their studies; more comprehensively understand the role of the attorney in the U.S. system; draw comparisons with their own domestic legal systems, and ultimately become more successful in their legal careers both in the U.S. and abroad.
A Comparative Study Of Chinese And Western Legal Language And Culture
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Author : Falian Zhang
language : en
Publisher: Springer Nature
Release Date : 2021-03-08
A Comparative Study Of Chinese And Western Legal Language And Culture written by Falian Zhang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-08 with Language Arts & Disciplines categories.
This book involves a variety of aspects and levels, including the diachronic and synchronic dimensions. Law profoundly affects our daily lives, but its language and culture can at times be nearly impossible to understand. As a comparative study of Chinese and Western legal language and legal culture, this book investigates the similarities and differences of both sides and identifies their respective advantages and disadvantages. Accordingly, it considers both social and cultural functions, and both theoretical and practical values. Firstly, the book addresses the differences, that is, the basic frameworks and disparities between the Chinese and Western legal languages and legal cultures. Secondly, it explores relevant changes over time, that is, the historical evolution and the basic driving forces that were at work before the Chinese and Western legal languages and cultures “met.” Lastly, the book elaborates on their fusion, that is, the conflicts and changes in Chinese and Western legal languages and cultures in China in the modern era, as well as the introduction, transplantation and transformation of Western legal culture.
Dutch Legal Culture
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Author : E. Blankenburg
language : en
Publisher: Springer
Release Date : 1994-07-15
Dutch Legal Culture written by E. Blankenburg and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-07-15 with Law categories.
The Netherlands are a small country, but they have many laws. In handling them, Dutch lawyers tend to be pragmatic: they use them to solve problems, not to create additional ones. If they do create problems, they try to find a way around them. If must be, they ignore them. Only if even that meets with resistance, they change them. Because of its non-legalistic learnings, Dutch legal culture favoured a pragmatic public administration, a mild penal climate and an informal civil justice. This book contains a `journey' through selected aspects of Dutch legal culture which is presented by comparing, the Court System, the Legal Profession, Informal Justice in Civil Courts, Criminal Policy and a very Dutch legal term `beleid'.
Comparative Legal Cultures
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Author : Henry Walter Ehrmann
language : en
Publisher: Prentice Hall
Release Date : 1976
Comparative Legal Cultures written by Henry Walter Ehrmann and has been published by Prentice Hall this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Comparative law categories.
Law Culture And Society
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Author : Roger Cotterrell
language : en
Publisher: Routledge
Release Date : 2017-10-03
Law Culture And Society written by Roger Cotterrell and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-03 with Law categories.
This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources. The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.
Adapting Legal Cultures
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Author : David Nelken
language : en
Publisher: Bloomsbury Publishing
Release Date : 2001-11-07
Adapting Legal Cultures written by David Nelken and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-11-07 with Law categories.
This exciting collection looks at the theory and practice of legal borrowing and adaptation in different areas of the world: Europe,the USA and Latin America, S.E. Asia and Japan. Many of the contributors focus on fundamental theoretical issues. What are legal transplants? What is the role of the state in producing socio-legal change? What are the conditions of successful legal transfers? How is globalisation changing these conditions? Such problems are also discussed with reference to substantive and specific case studies. When and why did Japanese rules of product liability come into line with those of the EU and the USA? How and why did judicial review come late to the legal systems of Holland and Scandinavia? Why is the present wave of USA-influenced legal reforms in Latin Amercia apparently having more success than the previous round? How does competition between the legal and accountancy professions affect patterns of bankruptcy? The chapters in this volume, which include a comprehensive theoretical introduction, offer a range of valuable insights even if they also show that the