Exploring Law and Culture

Exploring Law and Culture

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  • Author: Dorothy H. Bracey
  • Publisher: Waveland Press
  • ISBN: 1478636475
  • Category : Social Science
  • Languages : en
  • Pages : 121

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.


Between Law and Culture

Between Law and Culture

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  • Author: Lisa C. Bower
  • Publisher: U of Minnesota Press
  • ISBN: 9780816633814
  • Category : Law
  • Languages : en
  • Pages : 372

What happens to legal thought when key terms-society, culture, power, justice, identity-become unsettled? With the boundaries defining sociolegal scholarship undergoing a profound shift, this book explores the intersections of law, culture, and identity. Sexuality, race, sports, and the politics of policing are among the topics the authors take up as they examine how law both reproduces and challenges fundamental notions of order, discipline, and identity. Contributors: Rosemary J. Coombe, U of Toronto; David M. Engel, SUNY, Buffalo; Marjorie Garber, Harvard U; Herman Gray, UC, Santa Cruz; Rona Tamiko Halualani, San Jos State U; David Harvey, CUNY; Deb Henderson; Yuen J. Huo, UCLA; S. Lily Mendoza, U of Denver; Trish Oberweis, American Justice Institute; Paul A. Passavant, Hobart and William Smith Colleges; Lisa E. Sanchez, U of Illinois; Carl F. Stychin, U of Reading; Tom R. Tyler, New York U; Christine A. Yalda.


Law and Culture

Law and Culture

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  • Author: Mateusz Stępień
  • Publisher: Springer
  • ISBN: 9783030811952
  • Category : Law
  • Languages : en
  • Pages : 0

Divided into three parts, this book examines the relationship between law and culture from various perspectives, both theoretical and empirical. Part I outlines the framework for further considerations and includes new, innovative conceptualizations of two ideas that are essential to the topic of law and culture: legal culture and customary law. Both of these reappear later in the more empirically oriented chapters of Parts II and III. Part II includes chapters on the relationships between law, customs, and culture, drawing heavily on the tradition and achievements of the anthropology of law and touching on important problems of multiculturalism, legal pluralism, and cultural defense. It focuses on the more intangible meaning of culture, while Part III addresses its more material, tangible aspects and the issue of cultural production, as well as its intersection with law.


Intersections of Law and Culture at the International Criminal Court

Intersections of Law and Culture at the International Criminal Court

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  • Author: Julie Fraser
  • Publisher: Edward Elgar Publishing
  • ISBN: 1839107308
  • Category : Law
  • Languages : en
  • Pages : 456

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.


Law and Popular Culture

Law and Popular Culture

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  • Author: Michael Asimow
  • Publisher: Peter Lang
  • ISBN: 9780820458151
  • Category : Art
  • Languages : en
  • Pages : 308

This book explores the interface between law and popular culture, two subjects of enormous current importance and influence. Exploring how they affect each other, each chapter discusses a legally themed film or television show, such as Philadelphia or Dead Man Walking, and treats it as both a cultural and a legal text, illustrating how popular culture both constructs our perceptions of law, and changes the way that players in the legal system behave. Written without theoretical jargon, Law and Popular Culture: A Course Book is intended for use in undergraduate or graduate courses and can be taught by anyone who enjoys pop culture and is interested in law.


Law | Book | Culture in the Middle Ages

Law | Book | Culture in the Middle Ages

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  • Author:
  • Publisher: BRILL
  • ISBN: 9004448659
  • Category : History
  • Languages : en
  • Pages : 477

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.


The Formation and Transmission of Western Legal Culture

The Formation and Transmission of Western Legal Culture

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  • Author: Serge Dauchy
  • Publisher: Springer
  • ISBN: 3319455672
  • Category : Law
  • Languages : en
  • Pages : 571

This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions.


Law and Letters in American Culture

Law and Letters in American Culture

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  • Author: Robert A. Ferguson
  • Publisher: Harvard University Press
  • ISBN: 9780674514652
  • Category : Law
  • Languages : en
  • Pages : 456

The role of religion in early American literature has been endlessly studied; the role of the law has been virtually ignored. Robert A. Ferguson's book seeks to correct this imbalance. With the Revolution, Ferguson demonstrates, the lawyer replaced the clergyman as the dominant intellectual force in the new nation. Lawyers wrote the first important plays, novels, and poems; as gentlemen of letters they controlled many of the journals and literary societies; and their education in the law led to a controlling aesthetic that shaped both the civic and the imaginative literature of the early republic. An awareness of this aesthetic enables us to see works as diverse as Jefferson's Notes on the State of Virginia and Irving's burlesque History of New York as unified texts, products of the legal mind of the time. The Declaration of Independence, the Constitution, and the great political orations were written by lawyers, and so too were the literary works of Trumbull, Tyler, Brackenridge, Charles Brockden Brown, William Cullen Bryant, Richard Henry Dana, Jr., and a dozen other important writers. To recover the original meaning and context of these writings is to gain new understanding of a whole era of American culture. The nexus of law and letters persisted for more than a half-century. Ferguson explores a range of factors that contributed to its gradual dissolution: the yielding of neoclassicism to romanticism; the changing role of the writer; the shift in the lawyer's stance from generalist to specialist and from ideological spokesman to tactician of compromise; the onslaught of Jacksonian democracy and the problems of a country torn by sectional strife. At the same time, he demonstrates continuities with the American Renaissance. And in Abraham Lincoln he sees a memorable late flowering of the earlier tradition.


Multicultural Lawyering

Multicultural Lawyering

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  • Author: Kim O'Leary
  • Publisher:
  • ISBN: 9781531020415
  • Category : Attorney and client
  • Languages : en
  • Pages : 392

"This book is a mix of policy, legal history, professionalism, and lawyering skills. It asks readers to explore multiculturalism through several different lenses. First, readers explore the reasons behind calls for diversity in the legal profession, examining how ordinary people view the culture of the law. Next, readers explore their own cultural backgrounds, consider implicit bias, and examine how to best navigate their own cultures as they interact with legal systems. Then, readers examine how to best represent clients with a particular focus on understanding client goals and helping translate client values and culture into legal system values and culture, while always cognizant of their own values and cultures. Finally, readers explore case studies where failure to appreciate culture has had critical consequences. The book provides perspective through essays about multicultural values in legal systems in other countries. It can be used as a textbook in a multicultural lawyering course or seminar, in a professional identity and culture course, or as a supplement to a clinic, skills, or doctrinal course. Lawyers and other legal professionals can use this book to explore multiculturalism and its effects in the legal system"--


Criminal Law and Cultural Diversity

Criminal Law and Cultural Diversity

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  • Author: Will Kymlicka
  • Publisher: OUP Oxford
  • ISBN: 0191664308
  • Category : Political Science
  • Languages : en
  • Pages : 240

The idea of a cultural defense in criminal law is often ridiculed as "multiculturalism run amok ". To allow someone charged with a crime to say "this is my culture " as an excuse for their action seems to open the door to cultural relativism, to jeopardize the protection of fundamental rights, and to undermine norms of individual responsibility. Many scholars, however, insist that cultural evidence is appropriate, indeed essential, for the fair operation of the criminal law. The criminal law is society's most powerful tool for regulating behaviour, and just for that reason we apply strong safeguards to ensure that criminal sanctions are applied in a fair way. When it comes to individuals, we want our rules for judging responsibility and punishment to track the actual blameworthiness of the specific individual being prosecuted for a specific action in the past. Cultural evidence may help improve our judgements of individual blameworthiness and desert; indeed, cultural evidence might even be necessary if the practice of punishing individuals is to be legitimate and equitable. According to its proponents, the use of cultural evidence when judging individual blameworthiness is a natural extension of the logic of existing criminal law doctrines regarding defences, and of the logic of current philosophical theories of responsibility and agency. This volume brings together scholars of both criminal law and philosophy to rigorously assess these ideas. Each of the chapters addresses a different dimension of the issue, from a range of perspectives, with varying degrees of sympathy or scepticism regarding cultural defences. The result is an important and original contribution to the literature. It explores why cultural diversity raises distinctive challenges in the criminal law context, not found in other domains of the multiculturalism debate, while also exploring how this particular context raises fundamental issues of agency and responsibility that are at the heart of broader debates in legal, social and political philosophy.