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The Myth of the Litigious Society
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...
Rights of Inclusion
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.
Tort, Custom, and Karma
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.
How Does Law Matter?
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.
Law and Community in Three American Towns
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.
Fault Lines
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.
Injury and Injustice
Explores the inescapable experience of injury and its implications for social inequality in different cultural settings.
Historians of the Jews and the Holocaust
The Nazi Holocaust is often said to dominate the study of modern Jewish history. Engel demonstrates that, to the contrary, historians of the Jews have often insisted that the Holocaust be sequestered from their field, assigning it instead to historians of Europe, Germany, or the Third Reich. He shows that reasons for this counterintuitive situation lie in the evolution of the Jewish historical profession since the 1920s. This one-of-a-kind study takes readers on a tour of twentieth-century scholars of the history of European Jewry, and the social and political contexts in which they worked, in order to understand why many have declined to view their subject from the vantage point of Jews' encounter with the Third Reich. Engel argues vehemently against this separation and describes ways in which a few exceptional scholars have used the Holocaust to illuminate key problems in the Jewish past.
Thai Legal History
The first book to provide a broad coverage of Thai legal history in the English language.
Facing a Holocaust
Engel's study will be the definitive statement on one dimension of a very complex problem: the relations between Jews and their countrymen in occupied Poland.--Central European History "A superb piece of scholarship that is impeccably researched and most elegantly written as well.--Jan T. Gross, New York University Within this book, Engel concludes his exploration of the Polish government-in-exile's shifting responses toward the plight of European Jews during the Second World War. He focuses on the years 1943-45, the critical period after the free world became fully aware of Nazi Germany's plan to destroy the Jews, and shows that the Polish government-in-exile, with its vast underground orga...
