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This timely Research Handbook offers significant insights into an understudied subject, bringing together a broad range of socio-legal studies of medicine to help answer complex and interdisciplinary questions about global health – a major challenge of our time.
However, unlike conventional legal theory, this volume seeks to provide an answer in terms of a general social theory: a methodology that answers this question in a manner applicable not only to law, but also to all the other complex and highly differentiated systems within modern society, such as politics, the economy, religion, the media, and education. This truly sociological approach offers profound insights into the relationships between law and all of these other social systems.
This text on socio-legal studies is derived from the Socio-Legal Studies Association 1995 annual conference at Leeds University. It examines the definition of the term socio-legal and the boundaries in which the lawyers of this subject fit.
Socio-legal studies have had an ambivalent relationship with the 'legal' – one of its defining aspects, but at the same time one that the discipline has sought to transcend or even leave behind. While socio-legal studies benefit hugely from the insights, methods and theories of other social science and humanity disciplines, the contributions to Exploring the 'Legal' in Socio-Legal Studies illustrate the value of a focus on the 'legal'. The chapters in this book combine traditional legal materials and analyses with other ways of engaging empirically with the 'legal'. They illustrate the rich potential of the 'legal' as a site both for theoretical and methodological reflection and for case study analysis. Taken as a whole, this volume demonstrates that methodological discussion is most helpful when rooted in empirical cases, and that the best case studies also help us to develop our methodologies. Bringing methodology and empirical analysis together offers an opportunity to reflect on socio-legal studies and develop the discipline in productive new directions.
Offers a more complex and nuanced understanding of the Russian justice system than stereotypes and preconceptions lead us to believe.
These essays seek to re-locate the relationship between the traditional concerns of legal theory and the sociology of law by establishing a consistent theoretical approach to the analysis of law in contemporary Western societies.
Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area. Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear and concise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.
The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research...
This book transcends current debate on government regulation by lucidly outlining how regulations can be a fruitful combination of persuasion and sanctions. The regulation of business by the United States government is often ineffective despite being more adversarial in tone than in other nations. The authors draw on both empirical studies of regulation from around the world and modern game theory to illustrate innovative solutions to this problem. Their ideas include an argument for the empowerment of private and public interest groups in the regulatory process and a provocative discussion of how the government can support and encourage industry self-regulation.
Can the criminal justice system achieve justice based on its ability to determine the truth? This book investigates the concept of truth and scrutinises how well the criminal justice process facilitates truth-finding. It bridges the gap between what people expect from the justice system and what it can legitimately deliver.