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Courts, Justice, and Efficiency
This study explores the socio-legal context of economic rationality in the legal and judicial systems. It examines the meaning and relevance of the concept of efficiency for the operation of courts and court systems,seeking to answer questions such as: in what sense can we say that the adjudicative process works efficiently? What are the relevant criteria for the measurement and assessment of court efficiency? Should the courts try to operate efficiently and to what extent is this viable? What is the proper relationship between 'efficiency' and 'justice' considerations in a judicial proceeding? To answer these questions, a conceptual framework is developed on the basis of empirical studies a...
The Changing Role of Law in Japan
How has Japan managed to become one of the most important economic actors in the world, without the corresponding legal infrastructure usually associated with complex economic activities? The Changing Role of Law in Japan offers a comparative perspecti
Bankrupt
The Asian Financial Crisis dramatically illustrated the vulnerability of financial markets in emerging, transitional, and advanced economies. In response, international organizations insisted that legal reforms could help protect markets from financial breakdowns. Sitting at the nexus between the legal system and the market, corporate bankruptcy law ensures that the casualties of capitalism are treated in an orderly way. Halliday and Carruthers show how global actors—including the IMF, World Bank, UN, and international professional associations—developed comprehensive norms for corporate bankruptcy laws and how national policymakers responded in turn. Drawing on extensive fieldwork in China, Indonesia and Korea, the authors reveal how national policymakers contested and negotiated domestic laws in the context of global pressures. The first study of its kind, this book offers a theory of legal change to explain why global/local tensions produce implementation gaps. Through its analysis of globalization, this book has lessons for international organizations and developing and transition economies the world over.
Criminal Policy in Transition
This work arrives at a time when the literature in criminology is short of global perspectives. It aims to help fill that gap while it presents important new insights into changing penal policy and practice. The authors write knowledgeably about their home societies without being prematurely bounded by comparative criteria. As a result, they develop a complex and uneven image of similarities and differences, of divergence and convergence through time. In this sense the collection offers a model of how international collaborative work should proceed.
Capitalisms and Capitalism in the Twenty-First Century
This interdisciplinary book examines comparative business systems, institutions, and practices by looking at current developments between firms, nations, and markets in an increasingly globalized world and in the context of the recent financial crises.
Rethinking Law, Society and Governance
The product of a workshop held at the International Institute for the Sociology of Law in Onati, Spain, the nine chapters collected here re- examine the idea of governmentality--most often associated with the work of Michel Foucault--to measure its relevance to contemporary sociolegal issues. The book considers whether political involvement should be a necessary component of a governmentality approach, challenging governmentality theorists who have analyzed conceptual practices without demanding that they be applied to local political systems. The contributors ponder topics including liberal government and resistance to it, unemployment, and crime as well as issues of philosophy and methodology. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Poverty and the Law
These essays focus on the global impact of legal policies on levels of poverty.
Adapting Legal Cultures
This book looks at the theory and practice of legal borrowing and adaptation in different areas of the world and offers a range of valuable insights.
Crossing Boundaries
Perhaps no idea is more emblematic of the field of law and society than crossing boundaries. From the founding of the Law and Society Association in the early 1960s, participating scholars aspired to create a field that crossed boundaries in at least two senses: by undertaking research that questioned and often bridged traditional methodological and disciplinary divisions, and by using nontraditional approaches to explore the interconnections between law and its social context. These essays reflect both aspirations.
European Ways of Law
Can there be such a thing as a European sociology of law? The uncertainties which arise when attempting to answer that straightforward question are the subject of this book, which also overlaps into comparative law, legal history, and legal philosophy. The richness of approaches reflected in the essays (including comparisons with the US) makes this volume a courageous attempt to show the present state of socio- legal studies in Europe and map directions for its future development. Certainly we already know something about the existence of differences in the use and meaning of law within and between the nation states and groups that make up the European Union. They concern the role of judges and lawyers, the use of courts, patterns of delay, contrasts in penal 'sensibilities', or the meanings of underlying legal and social concepts. Still, similarities in 'legal culture' are at least as remarkable in societies at roughly similar levels of political and economic development. The volume should serve as a needed stimulus to a research agenda aimed at uncovering commonalities and divergences in European ways of approaching the law.
