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While the United States is often called the Land of the Law Suit, in reality Americans hardly sue at all. In fact, when it comes to physical injuries, over 90% of the time, we--as David M. Engel points out in his engaging and provocative book--simply lump it, making no claims against either the injurers or their insurance companies. Bringing to bear an impressive array of research and data, Engel firmly and persuasively demolishes the pervasive myth of the litigious American. But why don t most people sue whey they have been wrongfully physically injured? We have in fact a mystery, what Engel calls The Case of the Missing Plaintiff. The solution his investigation leads us to is as fascinatin...
Examines how civil rights legislation impacts the lives of ordinary Americans, drawing on the experiences of sixty interviewees that have been victims of discrimination to discuss how civil rights impacted their lives.
Diverse societies are now connected by globalization, but how do ordinary people feel about law as they cope day-to-day with a transformed world? Tort, Custom, and Karma examines how rapid societal changes, economic development, and integration into global markets have affected ordinary people's perceptions of law, with a special focus on the narratives of men and women who have suffered serious injuries in the province of Chiangmai, Thailand. This work embraces neither the conventional view that increasing global connections spread the spirit of liberal legalism, nor its antithesis that backlash to interconnection leads to ideologies such as religious fundamentalism. Instead, it looks specifically at how a person's changing ideas of community, legal justice, and religious belief in turn transform the role of law particularly as a viable form of redress for injury. This revealing look at fundamental shifts in the interconnections between globalization, state law, and customary practices uncovers a pattern of increasing remoteness from law that deserves immediate attention.
The question of how law matters has long been fundamental to the law and society field. Social science scholarship has repeatedly demonstrated that law matters less, or differently, than those who study only legal doctrine would have us believe. Yet research in this field depends on a belief in the relevance of law, no matter how often gaps are identified. The essays in this collection show how law is relevant in both an instrumental and a constitutive sense, as a tool to accomplish particular purposes and as an important force in shaping the everyday worlds in which we live. Essays examine these issues by focusing on legal consciousness, the body, discrimination, and colonialism as well as on more traditional legal concerns such as juries and criminal justice.
Tort law, a fundamental building block of every legal system, features prominently in mass culture and political debates. As this pioneering anthology reveals, tort law is not simply a collection of legal rules and procedures, but a set of cultural responses to the broader problems of risk, injury, assignment of responsibility, compensation, valuation, and obligation. Examining tort law as a cultural phenomenon and a form of cultural practice, this work makes explicit comparisons of tort law across space and time, looking at the United States, Europe, and Asia in the nineteenth, twentieth, and twenty-first centuries. It draws on theories and methods from law, sociology, political science, and anthropology to offer a truly interdisciplinary, pathbreaking view. Ultimately, tort law, the authors show, nests within a larger web of relationships and shared discursive conventions that organize social life.
Carol J. Greenhouse, Barbara Yngvesson, and David M. Engel analyze attitudes toward the law as a way of commentating on major American myths and ongoing changes in American society.
Although overshadowed in historical memory by the Holocaust, the anti-Jewish pogroms of the late 19th and early 20th centuries were at the time unrivaled episodes of ethnic violence. Incorporating newly available primary sources, this collection of groundbreaking essays by researchers from Europe, the United States, and Israel investigates the phenomenon of anti-Jewish violence, the local and transnational responses to pogroms, and instances where violence was averted. Focusing on the period from World War I through Russia's early revolutionary years, the studies include Poland, Ukraine, Belorussia, Lithuania, Crimea, and Siberia.
This essay originated in an attempt to bring together the study of law and Thai history in a description of the transformation of Thailand during the late nineteenth and early twentieth centuries as seen from a legal point of view. The resulting work is based for the most part upon those royal enactments from 1873 to 1910 which seemed most crucially to affect the executive, legislative, and judicial functions of the king and the rights of private citizens. [ix]
Zionism is an international political movement that was originally dedicated to the resettlement of Jewish people in the Promised Land, and is now synonymous with support for the modern state of Israel. This addition to the Short Histories of Big Ideas series looks at the controversial and topical notion of Zionism from a balanced viewpoint, concentrating on where it came from, how it accomplished its goals, and why it affected so many people.
The first book to provide a broad coverage of Thai legal history in the English language.