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Socio-Environmental Regimes and Local Visions: Transdisciplinary Experiences in Latin America
by Minerva Arce Ibarra Manuel Roberto Parra Vázquez Eduardo Bello Baltazar Luciana Gomes de AraujoThis book presents oral histories, collective dialogues, and analyses of rural and indigenous livelihoods facing global socio-environmental regime change in Latin America (LA). Since the late twentieth century, rural and indigenous producers in LA, including agriculturists, coffee-growers, as well as small-scale farmers/fishers, and others, have had to resist, cope with, or adapt to a range of neoliberal socio-environmental regimes that impact their territories and associated resources, including water, production systems and ultimately their cultural traditions. In response, rural producers are using local visions and innovation niches to decide what, when, and how to resist, cope with uncertainty, and still be successful in using their customary laws to retain their land rights and livelihoods.This book presents a range of ethnically diverse case studies from LA, which addresses socio-environmental, educational, and law regimes’ effects using transdisciplinary research approaches in rural, traditional and indigenous production systems. Based on both, the results and insights gained into how producers are resisting and adapting to these regimes, as well as decades of research carried out in LA rural territories by the participating authors, the book puts forward a baseline for devising new public policies that are better suited to the real challenges of livelihoods, poverty, and environmental degradation in LA. These recommendations are rooted in post-development thinking; they promote territorial public policy with social inclusion and a human’s rights approach. The book draws on over 20 years of research carried out by LA’s academics and their undergraduate and graduate students who have addressed collaborative work, participatory research, and transdisciplinary approaches with rural commons and communities in LA. It features 19 case studies, with contributions from Argentina, Bolivia, Brazil, Colombia, Cuba, Honduras, and Mexico.
The Socio-Ethical Dimension of Knowledge: The Mission of Logical Empiricism (Vienna Circle Institute Yearbook #26)
by Christian Damböck Adam Tamas TubolyThis book studies how the relationship between philosophy, morality, politics, and science was conceived in the Vienna Circle and how this group of philosophers tried to position science as an antidote to totalitarianism and irrationalism. This leads to investigation of the still understudied views of the Vienna Circle on moral philosophy, meta-ethics, and the relationship between philosophy of science and politics. Including papers from an international group of scholars, The Socio-ethical Dimension of Knowledge: The Mission of Logical Empiricism addresses these topics and makes them available to scholars in the field of history of philosophy of science.
Socio-Legal Approaches to International Economic Law: Text, Context, Subtext
by Amanda Perry-KessarisThis collection explores the analytical, empirical and normative components that distinguish socio-legal approaches to international economic law both from each other, and from other approaches. It pays particular attention to the substantive focus (what) of socio-legal approaches, noting that they go beyond the text to consider context and, often, subtext. In the process of identifying the ‘what’ and the ‘how’ (analytical and empirical tools) of their own socio-legal approaches, contributors to this collection reveal why they or anyone else ought to bother--the many reasons ‘why’ it is important, for theory and for practice, to take a social legal approach to international economic law.
Socio-Legal Aspects of the 3D Printing Revolution
by Angela DalyAdditive manufacturing or '3D printing' has emerged into the mainstream in the last few years, with much hype about its revolutionary potential as the latest 'disruptive technology' to destroy existing business models, empower individuals and evade any kind of government control. This book examines the trajectory of 3D printing in practice and how it interacts with various areas of law, including intellectual property, product liability, gun laws, data privacy and fundamental/constitutional rights. A particular comparison is made between 3D printing and the Internet as this has been, legally-speaking, another 'disruptive technology' and also one on which 3D printing is partially dependent. This book is the first expert analysis of 3D printing from a legal perspective and provides a critical assessment of the extent to which existing legal regimes can be successfully applied to, and enforced vis-à-vis, 3D printing.
Socio-Legal Integration: Polish Post-2004 EU Enlargement Migrants in the United Kingdom (Cultural Diversity and Law)
by Agnieszka KubalThis book examines how contemporary migrants form and transform their involvement with the law in their host countries and which factors influence this relationship. It suggests a more comprehensive insight into the socio-legal integration of migrants by analysing the interplay between the new legal environment and migrants' existing culturally-derived values, attitudes, behaviour and social expectations towards law and law enforcement. Acknowledging the superdiversity of migration as a global issue, the book uses the case study of Polish post-2004 EU Enlargement migrants to examine values and attitudes to the rules that govern their work and residence in the UK and to the legal system in general. With wider international relevance than just Poland and the UK, this book makes a case for the meaningful employment of legal culture in socio-legal integration research and suggests far-reaching consequences for host countries and their immigrant communities.
Socio-Legal Struggles for Indigenous Self-Determination in Latin America: Reimagining the Nation, Reinventing the State (Indigenous Peoples and the Law)
by Roger MerinoThis book is an interdisciplinary study of struggles for indigenous self-determination and the recognition of indigenous’ territorial rights in Latin America. Studies of indigenous peoples’ opposition to extractive industries have tended to focus on its economic, political or social aspects, as if these were discrete dimensions of the conflict. In contrast, this book offers a comprehensive and interdisciplinary understanding of the tensions between indigenous peoples’ territorial rights and the governance of extractive industries and related state developmental policies. Analysing the contentious process pushed by indigenous peoples for implementing pluri-nationality against extractive projects and pro-extractive policies, the book compares the struggle for territorial rights in Bolivia, Ecuador and Peru. Centrally, it argues that indigenous territorial defenses against the extractive industries articulate a politics of self-determination that challenges coloniality as the foundation of the nation-state. The resource governance of the nation-state assumes that indigenous peoples must be integrated or assimilated within multicultural arrangements as ethnic minorities with proprietary entitlements, so they can participate in the benefits of development. As the struggle for indigenous self-determination in Latin America maintains that indigenous peoples must not be considered as ethnic communities with property rights, but as nations with territorial rights, this book argues that it offers a radical re-imagination of politics, development, and constitutional arrangements. Drawing on detailed case studies, this book’s multidisciplinary account of indigenous movements in Latin America will appeal to those with relevant interests in politics, law, sociology and development studies.
A Socio-Legal Study of Hacking: Breaking and Remaking Law and Technology (Law, Science and Society)
by Michael Anthony DizonThe relationship between hacking and the law has always been complex and conflict-ridden. This book examines the relations and interactions between hacking and the law with a view to understanding how hackers influence and are influenced by technology laws and policies. In our increasingly digital and connected world where hackers play a significant role in determining the structures, configurations and operations of the networked information society, this book delivers an interdisciplinary study of the practices, norms and values of hackers and how they conflict and correspond with the aims and aspirations of hacking-related laws. Describing and analyzing the legal and normative impact of hacking, as well as proposing new approaches to its regulation and governance, this book makes an essential contribution to understanding the socio-technical changes, and consequent legal challenges, faced by our contemporary connected society.
Sociocultural Otherness and Minority Justice: A Study on China (Ius Gentium: Comparative Perspectives on Law and Justice #88)
by Hanna H. WeiThis book draws attention to the nonlegal, sociocultural aspects of justice for minorities in China. The primary objectives are threefold. The first is to present a tentative analysis of the lived realities of being ‘the other’ in China, with the aim of presenting a critical picture of the complex national context and identifying main concerns and key challenges. Six topics are covered - gender roles, health, class, intimacy, ethnicity and religion, and expression. The second objective is to explore the interaction between a wide range of factors and myriad systems that enable or hinder protection and justice for these groups, be they historical, political, social, or cultural, hoping to open up a rich domain of inquiry for those interested in to what extent and in what ways otherness may or may not survive in China. The third objective is to bring attention to new trends and developments, some are easily identifiable whereas others are less detectable, some are interrelated while others are relatively isolated, some are straightforward and others remain easily misinterpreted.
Socioeconomic Dynamics of the COVID-19 Crisis: Global, Regional, and Local Perspectives (Contributions to Economics)
by Nezameddin Faghih Amir ForouharfarThis book depicts and reveals the socioeconomic dynamics of the COVID-19 crisis, and its global, regional, and local perspectives. Explicitly interdisciplinary, this volume embraces a wide spectrum of topics across economics, business, public management, psychology, and public health. Written by global experts, each chapter offers a snapshot of an emerging aspect of the COVID-19 crisis for the benefit of academics and students, as well as the institutional, economic, social, and developmental policymakers and health practitioners on the ground.
A Sociolegal Analysis of Formal Land Tenure Systems: Learning from the Political, Legal and Institutional Struggles of Timor-Leste (Law, Development and Globalization)
by Bernardo Ribeiro AlmeidaThis sociolegal study focuses on the political, legal and institutional problems and dilemmas of regulating land tenure. By studying the development of the Timorese formal land tenure system, this book engages in the larger debate about the role of state systems in addressing and aggravating social problems such as insecurity, poverty, inequality, destruction of nature, and cultural and social estrangement. Land tenure issues in Timor-Leste are complex and deeply shaped by the nation’s history. Taking an insider’s perspective based on the author’s experience in Timorese state administration, and through the investigation of five analytical themes –political environment, lawmaking, legal framework, institutional framework, and social relationships and practices– this book studies the development of the Timorese formal land tenure system from independence in 2002 to 2018. It shows how political, legal, and administrative decisions on land administration are made, what and who influences them, which problems and dilemmas emerge, and how the formal system works in practice. The result is a portrait of a young nation grappling with the enormous task of creating a land tenure system that can address the needs of its citizens in the wake of centuries of socio-political tumult and huge fluctuations in resources. The book concludes by highlighting the importance of lawmaking and how abuses of power can be curbed by adequate administrative processes and laws. Finally, it argues that land administration is primarily a political matter. The political dimension of technical solutions must be considered if we aim to achieve fairer formal land tenure systems. The pertinence of the topics covered, the multi-disciplinary perspective, and the research methodology followed make this book appealing to a variety of readers, including international organizations, practitioners, academics and students engaged in land administration, post-colonial and -conflict issues, lawmaking, rule of law, public administration and issues of access and exclusion.
Sociological Jurisprudence: Juristic Thought and Social Inquiry
by Roger CotterrellThis book presents a unified set of arguments about the nature of jurisprudence and its relation to the jurist’s role. It explores contemporary challenges that create a need for social scientific perspectives in jurisprudence, and it shows how sociological resources can and should be used in considering juristic issues. Its overall aim is to redefine the concept of sociological jurisprudence and outline a new agenda for this. Supporting this agenda, the book elaborates a distinctive juristic perspective that recognises law’s diversity of cultural meanings, its extending transnational reach, its responsibilities to reflect popular aspirations for justice and security, and its integrative tasks as a general resource of regulation for society as a whole and for the individuals who interact under law’s protection. Drawing on and extending the author’s previous work, the book will be essential reading for students, researchers and academics working in jurisprudence, law and society, socio-legal studies, sociology of law, and comparative legal studies.
Sociological Justice
by Donald BlackThat discrimination exists in courts of law is beyond dispute. In American murder cases, for instance, studies show that blacks who kill a white are much more likely to receive the death penalty than if they kill a black. Indeed, in Georgia, they are 30 times more likely to be condemned, and in Texas a staggering 90 times more likely. Conversely, in Texas, of 143 whites convicted of killing a black, only one was sentenced to die. But how extensive is discrimination in the courtroom? Is it strictly a matter of racial prejudice, or does it respond to a wide range of social factors? In Sociological Justice, eminent legal sociologist Donald Black challenges the conventional notion that law is primarily an affair of rules and that discrimination is an aberration. Law, he contends, is a social process in which bias is inherent. Indeed, Black goes well beyond the documented instances of racial discrimination to show how social status (regardless of race), the degree of intimacy (are they family members, friends, or complete strangers?), speech, organization, and numerous other factors all greatly influence whether a complaint will be filed in court, who will win, and what the punishment or other remedy will be. Moreover, he extends his analysis to include not only the litigants, but also the lawyers, the jurors, and the judge, describing how their social characteristics can also influence a case. Sociological Justice introduces a new field of legal scholarship that will have important consequences for the future of law: the sociology of the case. Black discusses how lawyers can use the sociology of the case to improve their practice and, for those interested in reform, he suggests ways to minimize bias in the courtroom. Beyond this, Black demonstrates that modern jurisprudence, with its assumption that like cases will be treated in like fashion, is out of touch with reality. He urges the adoption of a new sociological jurisprudence, with a new morality of law, that explicitly addresses the social relativity of justice. A major contribution to legal scholarship, this thought-provoking volume is essential reading for anyone interested in law and justice in modern society.
Sociological Perspectives on Media Piracy in the Philippines and Vietnam
by Vivencio O. BallanoThis book addresses the persistence of the optical media piracy trade in the Philippines and Vietnam. It goes beyond arguments of defective law enforcement and copyright legal systems by applying sociological perspectives to examine the socio-economic forces behind the advent of piracy in the region. Using documentary and ethnographic data, in addition to resistance and ecological theories in sociology of law and technology as the overall theoretical framework, the book investigates factors that contribute to this phenomenon and factors that impede the full formalization of the optical media trade in the two countries. These factors include the government's attitude towards the informal sector and strong resistance to tougher IPR protection, unstable and sometimes conflicting policies on technologies, burdensome business registration process and weak enforcement of business regulations, bureaucratic corruption and loopholes in law enforcement system as well as trade ties with China. In addition to that, the book highlights the social background of the actors behind the illegal business of counterfeit CDs and DVDs, thereby explaining the reasons they continue to persist in this type of trade. It invites policymakers, law enforcers, advocates of anti-piracy groups, and the general public to use a more holistic lens in understanding the persistence of copyright piracy in developing countries, shifting the blame from the moral defect of the traders to the current problematic copyright policy and enforcement structure, and the difficulty of crafting effective anti-piracy measures in a constantly evolving and advancing technological environment.
A Sociological Theory of Law (International Library Of Sociology Ser.)
by Niklas LuhmannNiklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern 'positive' – as opposed to ‘natural’ – law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow.
The Sociology of Compromise after Conflict (Palgrave Studies in Compromise after Conflict)
by John D. BrewerThis book introduces a new and original sociological conceptualization of compromise after conflict and is based on six-years of study amongst victims of conflict in Northern Ireland, South Africa and Sri Lanka, with case studies from Sierra Leone and Colombia. A sociological approach to compromise is contrasted with approaches in Moral and Political Philosophy and is evaluated for its theoretical utility and empirical robustness with in-depth interview data from victims of conflicts around the globe. The individual chapters are written to illustrate, evaluate and test the conceptualization using the victim data, and an afterword reflects on the new empirical agenda in victim research opened up by a sociological approach to compromise. This volume is part of a larger series of works from a programme advancing a sociological approach to peace processes with a view to seeing how orthodox approaches within International Relations and Political Science are illuminated by the application of the sociological imagination.
Sociology of Constitutions: A Paradoxical Perspective (Studies in the Sociology of Law)
by Giancarlo Corsi Alberto FebbrajoThis collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann’s General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution’s contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.
A Sociology of Constitutions: Constitutions and State Legitimacy in Historical-sociological Perspective
by Chris ThornhillUsing a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy. During the emergence of sociology as an academic discipline the question about the origins, status and functions of constitutions was widely posed. Indeed, for both thematic and methodological reasons, the analysis of constitutions was a central aspect of early sociology. Sociology developed, however ambiguously,as a critical intellectual response to the theories and achievements of the Enlightenment in the eighteenth century, the political dimension of which was centrally focused on the theory and practice of constitutional rule. In its very origins, in fact, sociology might be seen as a counter-movement to the political ideals of the Enlightenment, which rejected the (alleged) normative deductivism of Enlightenment theorists. In this respect, in particular, early sociology was deeply concerned with theories of political legitimacy in the Enlightenment, and it translated the revolutionary analysis of legitimacy in the Enlightenment, focused on the normative claim that singular rights and rationally generalized principles of legal validity were the constitutional basis for legitimate statehood, into an account of legitimacy which observed political orders as obtaining legitimacy through internalistically complex, historically contingent and multi-levelled processes of legal formation and societal motivation and cohesion. This is not to suggest that there existed a strict and unbridgeable dichotomy between the Enlightenment, construed as a body of normative philosophy, and proto-sociological inquiry, defined as a body of descriptive interpretation.
Sociology of Corruption: Patterns of Illegal Association in Hungary
by David JancsicsIn Sociology of Corruption, David Jancsics provides a fresh approach to the study of corruption in Hungary, which once seemed to be the most likely of the ex-communist bloc nations to catch up to the West and is, according to many experts and scholars, a country with a highly corrupt dynamic.Based on data from 2022, Hungary is now the most corrupt member state of the European Union. There is also a consensus among experts that a small clique of corrupt political actors has captured most Hungarian state institutions and a significant portion of the business sector. What fostered corruption in Hungary? What are the most typical forms of corruption in this country? What do Hungarians think about it? What is the role of prime minister Viktor Orbán in this? Sociology of Corruption proposes a novel sociological theory of corruption focusing on social status and relationships, network structures, and power dynamics as important explanatory factors of corrupt behavior. Although his focus is on Hungary, Jancsics's findings are applicable to other nations and cultural contexts.
A Sociology of Culture, Taste and Value
by Simon StewartThis book explores sociological debates in relation to culture, taste and value. It argues that sociology can contribute to debates about aesthetic value and to an understanding of how people evaluate.
The Sociology of Health, Healing, and Illness
by Gregory L. Weiss Denise CopeltonWith thorough coverage of inequality in health care access and practice, this leading textbook is widely acclaimed by instructors as the most comprehensive of any available. Written in an engaging and accessible style, with multiple student-friendly features, it integrates recent research in medical sociology and public health to introduce students to a wide range of issues affecting health, healing, and health care today. This new edition links information on COVID-19 into each chapter, providing students with a solid understanding of the social history of medicine; social epidemiology; social stress; health and illness behavior; the profession of medicine; nurses and allied health workers; complementary and alternative medicine; the physician-patient relationship; medical ethics; and the financing and organization of medical care. Important changes and enhancements in the eleventh edition include: Inclusion of material on COVID-19 in the main text of every chapter, with special sections at the end of each chapter exploring additional intersections of COVID-19 with chapter content. Expanded coverage of fundamental cause theory and the social determinants of health. New centralized discussions of how and why social disparities in race, class, gender, and sexual identity impact health outcomes in the United States. New “In the Field” boxed inserts on topics such as medical education and student debt, physicians’ use of medical jargon, and corporate greed. New “In Comparative Focus” boxed inserts on topics such as the 1918 influenza pandemic, infant and maternal mortality in Afghanistan, the patient care coordination process, drug prices, long-term care, and global health. A more in-depth look at both physician and nursing shortages. Expanded discussion of nurse burnout during the COVID-19 pandemic. Curricular and pedagogical changes in medical schools. Discussion of continued changes in the financing of the US health care system. A more in-depth look at quality concerns in nursing homes. Increased attention to the health care systems in Norway, Germany, Cuba, and Mexico. An updated instructor’s guide with test bank and PowerPoint slides.
A Sociology of Justice in Russia (Cambridge Studies in Law and Society)
by Marina Kurkchiyan Agnieszka KubalMuch of the media coverage and academic literature on Russia suggests that the justice system is unreliable, ineffective and corrupt. But what if we look beyond the stereotypes and preconceptions? This volume features contributions from a number of scholars who studied Russia empirically and in-depth, through extensive field research, observations in courts, and interviews with judges and other legal professionals as well as lay actors. A number of tensions in the everyday experiences of justice in Russia are identified and the concept of the 'administerial model of justice' is introduced to illuminate some of the less obvious layers of Russian legal tradition including: file-driven procedure, extreme legal formalism combined with informality of the pre-trial proceedings, followed by ritualistic format of the trial. The underlying argument is that Russian justice is a much more complex system than is commonly supposed, and that it both requires and deserves a more nuanced understanding.
Sociology of Law
by Indra DevaThis volume is a well structured and well organized reader on the sociology of law in India. It takes stock of the relationship between the legal system with other social subsystems.
The Sociology of Law: Classical and Contemporary Perspectives
by A. Javier TrevinoThe purpose of this book is to introduce the sociology of law by providing a coherent organization to the general body of literature in that field. As such, the text gives a comprehensive overview of theoretical sociology of law. It deals with the broad expanse of the field and covers a vast amount of intellectual terrain. This volume is intended to fill a gap in the literature. Most textbooks in the sociology of law are insufficiently theoretical or else do not provide a paradigmatic analysis of sociological theories.The content of this text consists of discussions of the works of scholars who have contributed the most to the cumulative development of the sociology of law. It surveys the major traditions of legal sociology but is not wedded to any one particular theoretical approach. Both the "classical," or nineteenth-century, and "contemporary," or twentieth-century, perspectives are covered. The reader will see that nineteenth-century thought has directly influenced the emergence of twentieth-century theory.One unique feature of this book is that key sociological and legal concepts, presented in bold print and italics, are defined, described, and illustrated throughout. Although the nature of the subject matter is highly theoretical and, at times, quite complex, Trevino values every effort to present the material in the most straightforward and intelligible form possible without compromising the integrity of the theories themselves. In short, this book aims to accomplish three objectives: inform about the progressive advancement of sociological theory, teach the reader to analyze the law as a social phenomenon, and develop in the reader a critical mode of thinking about issues relevant to the relationship between law and society.
Sociology of Law: A Study of Cultural Contextualism
by Qiliang WangThis book, based on extensive ethnographic material, analyzes the complex relationships between the law and various social controls, helping to answer the question of how social order is formed. Formal law exists in a web of complex structures and meanings. Accordingly, legal study must take into account multiple types of order, allowing us to understand in depth the strengths and weaknesses, reasonable and absurdity, and successes and failures of the law. In addition, the interactions of numerous actors shape the structure and context of the law. Exploring these aspects—while also highlighting diverse informal/non-state norms that influence day-to-day social practices, and which have never been replaced by modern laws—the book offers an insightful resource for all readers who are interested in the practice of Chinese law or in the connections between culture, society, and the law.
The Sociology of Law and the Global Transformation of Democracy (Global Law Series)
by Chris ThornhillThis book provides a new legal-sociological account of contemporary democracy. It is based on a revision of standard positions in democratic theory, reflecting the impact of global legal norms on the institutions of national states. Chris Thornhill argues that the establishment of fully democratic, fully inclusive governance systems in national societies was generally impeded by inner-societal structural factors, and that inclusive patterns of democratic citizenship only evolved on the foundation of global legal norms that were consolidated after 1945. He claims that this process can be best understood through a transposition of key insights of classical legal sociology onto the form of global society. Extensive analysis of select case studies in different regions illustrate these claims. Thornhill offers a sociological theory of global law to explain contemporary processes of democratic integration and institutional formation, and contemporary constructions of citizenship and political rights. This title is also available as Open Access.