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Chapter 7 ‘Indefensible and Irresponsible' (Book chapter)

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ISBN: 9781138592902 9780429952814 Year: Pages: 14 Language: English
Publisher: Taylor & Francis
Subject: Law --- Social Sciences
Added to DOAB on : 2019-10-02 11:21:07
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Drawing on a range of approaches from the social sciences and humanities, this handbook explores theoretical and empirical perspectives that address the articulation of law in society, and the social character of the rule of law. The vast field of socio-legal studies provides multiple lenses through which law can be considered. Rather than seeking to define the field of socio-legal studies, this book takes up the experiences of researchers within the field. First-hand accounts of socio-legal research projects allow the reader to engage with diverse theoretical and methodological approaches within this fluid interdisciplinary area. The book provides a rich resource for those interested in deepening their understanding of the variety of theories and methods available when law is studied in its broadest social context, as well as setting those within the history of the socio-legal movement. The chapters consider multiple disciplinary lenses – including feminism, anthropology and sociology – as well as a variety of methodologies, including: narrative, visual and spatial, psychological, economic and epidemiological approaches. Moreover, these are applied in a range of substantive contexts such as online hate speech, environmental law, biotechnology, research in post-conflict situations, race and LGBT+ lawyers. The handbook brings together younger contributors and some of the best-known names in the socio-legal field. It offers a fresh perspective on the past, present and future of sociolegal studies that will appeal to students and scholars with relevant interests in a range of subjects, including law, sociology and politics.

The Funambulist Pamphlets 4: Legal Theory

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ISBN: 9780615868905 Year: Pages: 104 DOI: 10.21983/P3.0042.1.00 Language: English
Publisher: punctum books
Subject: Architecture
Added to DOAB on : 2019-06-12 09:24:43
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The Funambulist Pamphlets is a series of small books archiving articles published on The Funambulist, collected according to specific themes. These volumes propose a different articulation of texts than the usual chronological one. The eleven volumes are respectively dedicated to Spinoza, Foucault, Deleuze, Legal Theory, Occupy Wall Street, Palestine, Cruel Designs, Arakawa + Madeline Gins, Science Fiction, Literature, and Cinema. The Funambulist Pamphlets is published as part of the Documents Initiative imprint of the Center for Transformative Media, Parsons The New School for Design, a transdisciplinary media research initiative bridging design and the social sciences, and dedicated to the exploration of the transformative potential of emerging technologies upon the foundational practices of everyday life across a range of settings.

Critical Theories of Crises in Europe: From Weimar to the Euro

Authors: ---
ISBN: 9781783487455 Year: Pages: 251 DOI: 10.26530/OAPEN_611731 Language: English
Publisher: Rowman & Littlefield International Grant: FP7 Ideas: European Research Council - 312331
Subject: Political Science
Added to DOAB on : 2016-07-14 11:01:17
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What is to be learned from the chaotic downfall of the Weimar Republic and the erosion of European liberal statehood in the interwar period vis-a-vis the ongoing Europeancrisis? This book analyses and explains the recurrent emergence of crises in European societies. It asks how previous crises can inform our understanding of the present crisis. The particular perspective advanced is that these crises not only are economic and social crises, but must also be understood as crises of public power, order and authority. In other words, it argues that substantial challenges to the functional and normative setup of democracy and the rule of law were central to the emergence and the unfolding of these crises.The book draws on and adds to the rich â crises literatureâ developed within the critical theory tradition to outline a conceptual framework for understanding what societal crises are. The central idea is that societal crises represent a discrepancy between the unfolding of social processes and the institutional frameworks that have been established to normatively stabilize such processes. The crises at issue emerged in periods characterized by strong social, economic and technological transformations as well as situations of political upheaval. As such, the crises represented moments where the existing functional and normative grid of society, as embodied in notions of public order and authority, were severely challenged and in many instances undermined. Seen in this perspective, the book reconstructs how crises unfolded, how they were experienced, and what kind of responses the specific crises in question provoked.

Entanglements in Legal History

Authors: --- --- --- --- et al.
Book Series: Global Perspectives on Legal History ISBN: 9783944773001 9783944773100 Year: Pages: 576 DOI: 10.12946/gplh1 Language: English
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:04
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"Legal History presents a broad panorama of historical processes that trigger theoretical reflections on legal transfers and legal transplants and on the problem of the reception and assimilation laws and other modes of normativity. In this volume, legal historians across the globe reflect on their analytical traditions and present case studies in order to discuss how entangled histories of law can be understood, analyzed and written. In the first section of this volume, ‘Traditions of Transnational Legal History’, the authors revisit specific achievements and shortcomings of legal historical research against the backdrop of postcolonial and global studies. Reflections on our own disciplinary traditions that reveal the path-dependencies include critical accounts on the tradition of ‘European Legal History’, ‘Codification history’, the emergence of ‘Hindu Law’, and the methodological aspects of Comparative Law. The four articles in the second section, ‘Empires and Law’, showcase entangled legal histories forged in imperial spaces, for instance, through treaties concluded in the spheres of influence of ancient Roman Empire, which in this instance is analyzed as a process of ‘narrative transculturation’. Analogously, transnational institutions adjudicating merchant-disputes in the Early Modern Spanish Empire and normative frameworks constructed in a multilingual space shortly after its decline are analyzed as ‘diffusion and hybridization’. And finally, the spotlight is cast on the so-called ‘craftsmen of transfer’ and the bureaucrats that took practical comparative law as the basis to design the German colonial law. In the third section, ‘Analyzing transnational law and legal scholarship in 19th and early 20th century’, seven case studies offer theoretical reflections about entangled legal histories. The discussions range from civil law codifications in Latin America as ‘reception’ or ‘normative transfers’, entangled histories of constitutionalism as ‘translations’ and ‘legal transfer’, formation of transnational legal orders in 19th century International Law and the International Law on state bankruptcies to the impact of transnational legal scholarship on criminology. All articles engage in methodological reflections and discussions about their concrete application in legal historical research."

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