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Folkways and Lawways

Folkways and Lawways
Author: Helle Porsdam
Publisher:
Total Pages: 37
Release: 1999
Genre: Culture and law
ISBN:

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Folkways and Law Ways

Folkways and Law Ways
Author: Helle Porsdam
Publisher: University Press of Southern Denmark
Total Pages: 264
Release: 2001
Genre: History
ISBN:

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Porsdam (American studies, U. of Southern Denmark), arguing that every major political and cultural issue in the United States inevitably turns into a legal one, presents 10 essays by European academics that examine law in American society as an inherent and important part of the cultural milieu. Papers look at the revival of anti-federalist thought, conservative opposition to civil rights legislation, the treatment of the law in Hollywood courtroom dramas, the cultural history of corporate legal theory, and the conception of law put forth by William Gaddis's novel A Frolic of His Own. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR


Temporal Boundaries of Law and Politics

Temporal Boundaries of Law and Politics
Author: Luigi Corrias
Publisher: Routledge
Total Pages: 373
Release: 2018-04-09
Genre: Law
ISBN: 1351103466

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In the last decade, the changing role of time in society has once again taken centre stage in the academic debate. A prominent, but surely not the only, aspect of this debate hinges on the so-called acceleration of time and its societal consequences. Despite the fact that time is fundamental to the way in which law and politics function, the influence of the contemporary experience of time on law and politics remains underdeveloped. How, for example, does society’s structural acceleration impact on justice? Does law actually offer stability and predictability in an ever-changing global world? How can legal and political institutions function in the wake of ever-increasing uncertainty? Both law and politics employ time to order society but they are also limited in what can be effectuated by time. It is this very tension between temporal possibilities and limitations that the contributors to this collection – drawn from different fields of law, as well as from other disciplines – examine.


Law, Culture, and Values

Law, Culture, and Values
Author: Sava Alexander Vojcanin
Publisher: Transaction Publishers
Total Pages: 330
Release:
Genre: Law
ISBN: 9781412827362

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This festschrift, in honor of the work of Gray L. Dorsey, covers their major areas of his lifelong commitment to the culture and jurisprudence of law in an historical and comparative, East-West context. Within his normative framework, Dorsey took account of the crisis in positivism, Marxism, and alternative conceptions of value in the law. His work emphasized intercultural conflicts in a societal and global environment without surrendering the sense of western culture and its special contributions to legal and moral thought. The volume, originally prepared as a special issue of the Washington University Law Quarterly, has the benefit of an urbane new opening essay by Professor Vojcanin, which seeks to show how jurisculture is a "treasure map one may use to unearth the holes in which justice was hidden." It also contains a special essay by Gray Dorsey to conclude the volume in which he offers his current views on the philosophy of law and social theory in general. The volume is vigorous in its analysis, and central to any serious appraisal of the status of the philosophy of international law at this stage in history. The essays by Abraham Edel, Elizabeth Flower, Harold J. Berman, and Iredell Jenkins give special attention to this theme. The chapters by Jerome Hall, Herbert H.P. Ma, and Thomas H. Fang each take up a central issue in the relationship of world religion to world law. A third set of papers--by Edward McWhinney, Palitha T.B. Kohona, and Jacob W.F. Sundberg, discuss the major sociological implications of Dorsey's type of legal theory--with figures from Karl Marx, Max Weber, and F.S.C. Northrop covered in detail. For three decades, Gray L. Dorsey has contributed to comparative legal systems, emphasizing through his novel method of reasoning--jurisculture--a synthesis of empirical investigation and legal reasoning. Dorsey's work focuses on a set of meanings derived without reference to observed events, but by the adaptation and use of fundamental beliefs to organize and govern human cooperation. Gray L. Dorsey is Charles Nagel Professor Emeritus of Jurisprudence at International Law at Washington University Law School in St. Louis. He is the author of, among other works, Beyond the United States: Changing Discourse in International Politics and Law, and Jurisculture--the first two volumes, on Greece and Rome, and on India and China are now published by Transaction Publishers--with an additional five volumes remaining to complete this massive project. He is a past president of the International Association for Philosophy of Law and Social Philosophy.


From Civil to Human Rights

From Civil to Human Rights
Author: Helle Porsdam
Publisher: Edward Elgar Publishing
Total Pages: 241
Release: 2009-01-01
Genre: Political Science
ISBN: 1849802300

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Helle Porsdam s new book is a readable and perceptive analysis of European and American perceptions of essential human rights and their roots in national and regional cultures. Professor Porsdam traces the notions of civil, political, social and economic interests as rights protected and implemented by law on both sides of the Atlantic. From Civil to Human Rights is a must read for Europeans, Americans, and everyone else who wants to learn more about the institutions, values, hopes and dreams that bring us together and hold us apart at the beginning of the 21st century. Peter L. Murray, Harvard Law School, Cambridge, US Is there a special human rights narrative emerging from the chastened soul of post-war Europe? What lies ahead for that great but shattered community? Helle Porsdam, a leader in the related fields of human rights and humane letters, bids fair to answer these and other pressing questions. Along the way her highly nuanced intellect addresses the frustrating differences among those contentious first cousins, Europe and the United States. The result is a wide-ranging, richly informed inquiry about Europe s rise from the ashes and the choices it must make to inspire rather than repulse the world around it. Richard Weisberg, Cardozo Law School, New York, US Europeans have attempted for some time to develop a human rights talk and now European intellectuals are talking about the need to construct European narratives . This book illustrates that these narratives will emphasize a political and cultural vision for a multi-ethnic and more cosmopolitan Europe. The narratives evolve around human rights, partly in the hope that they might function as a cultural glue in an increasingly multi-ethnic Europe, and partly because they are intimately connected with that part of enlightenment thinking that sought to promote democracy and the rule of law. Helle Porsdam discusses the development of human rights as a discourse of atonement for Europeans a discourse which has the potential to become a shared, transatlantic discourse. Using an interdisciplinary approach, this book will be an invaluable research tool for postgraduate students and scholars within the fields of law, history, political science and international relations.


The Future of Tradition

The Future of Tradition
Author: Leon Shaskolsky Sheleff
Publisher: Routledge
Total Pages: 521
Release: 2013-09-05
Genre: History
ISBN: 1136326081

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Recent years have seen an increased interest in the variety of cultures co-existing within one state, and a growing acknowledgement of the values ensconced in pluralistic social structures. this book examines the manner in which indigenous people can function in modern states, preserving their traditional customs, while simultaneously adapting aspects of their culture to the challenges posed by modern life. Whereas it was formerly assumed that these tribal frameworks were doomed to extinction, and some states even encouraged such a process, there has been a revival in their vitality, linked to a recognition of their rights. The book offers a comprehensive survey of various aspects of tribal life, focusing on political issues such as the meaning of sovereignty, legal issues dealing with the role of custom and social issues concerned with sustaining communal life. A focused study is made of a whole series of legal factors, relating to possession and ownership of land, religious rites, the nature of polygamous marriages, the assertion of group rites, the manner of peacefully resolving disputes and allied questions. Recent judicial decisions are analysed as a reflection of the far-reaching changes that have taken place, in a process that has seen the former disregard of basic rights of indigenous people being replaced by an awareness of the injustices perpetrated in the past and a willingness to seek to redress them. The comparison between approaches of different English-speaking countries provides an account of interwoven developments.


Michigan Law Review

Michigan Law Review
Author:
Publisher:
Total Pages: 816
Release: 2000
Genre: Law
ISBN:

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Social Research in the Judicial Process

Social Research in the Judicial Process
Author: Wallace D. Loh
Publisher: Russell Sage Foundation
Total Pages: 816
Release: 1984-09-17
Genre: Social Science
ISBN: 9781610443678

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"How to inform the judicial mind," Justice Frankfurter remarked during the school desegregation cases, "is one of the most complicated problems." Social research is a potential source of such information. Indeed, in the 1960s and 1970s, with activist courts at the forefront of social reform, the field of law and social science came of age. But for all the recent activity and scholarship in this area, few books have attempted to create an intellectual framework, a systematic introduction to applied social-legal research. Social Research in the Judicial Process addresses this need for a broader picture. Designed for use by both law students and social science students, it constructs a conceptual bridge between social research (the realm of social facts) and judicial decision making (the realm of social values). Its unique casebook format weaves together judicial opinions, empirical studies, and original text. It is a process-oriented book that teaches skills and perspectives, cultivating an informed sensitivity to the use and misuse of psychology, social psychology, and sociology in apellate and trial adjudication. Among the social-legal topics explored are school desegregation, capital punishment, jury impartiality, and eyewitness identification. This casebook is remarkable for its scope, its accessibility, and the intelligence of its conceptual integration. It provides the kind of interdisciplinary teaching framework that should eventually help lawyers to make knowledgeable use of social research, and social scientists to conduct useful research within a legally sophisticated context.


Law In The Sociological Enterprise

Law In The Sociological Enterprise
Author: Lisa J. McIntyre
Publisher: Routledge
Total Pages: 320
Release: 2019-03-11
Genre: Social Science
ISBN: 042972022X

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Few would dispute the notion that law has a tremendous impact on modern life. But social scientists who study the dynamics of family, work, and other important social institutions often ignore the pervasive influence of law. This introduction to the legal world and the sociology of law shows how social scientists can better account for the influences of legal issues in a wide range of social settings. Incorporating historical and cross-cultural research into her book, Lisa J. McIntyre explains the general effects of law on interpersonal relations, the concept of the civil contract, and the relationship between law and social norms. She discusses why some societies and domains within societies have more law than others and shows that, contrary to popular wisdom, law is not only a reflection of social values but also fundamental to the formation of those values.


Authority Matters

Authority Matters
Author:
Publisher: BRILL
Total Pages: 308
Release: 2015-06-29
Genre: Literary Criticism
ISBN: 9401206465

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In this wide ranging collection of essays, eleven literary scholars and creative writers examine authorship and authority in relation to the production and reception of cultural texts. Ranging in time from the Renaissance to the era of digital publishing, the essays invite us to reconsider the influential theories of Roland Barthes, Michel Foucault, and Pierre Bourdieu for our understanding of writers such as Philip Sidney, Thomas Hardy, Laura Riding, W.B. Yeats, Gertrude Stein, and J.M. Coetzee. Shedding new light on authority’s complex role in the generation of cultural meaning, the essays will be of interest to students and teachers of literary history and critical theory alike.