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Legal Culture And The Legal Profession
by Lawrence M FriedmanDistinguished scholars in law and the social sciences examine the state of American legal culture, particularly adversarial legalism, in light of the criticisms of the current anti-lawyer movement. They assess the strengths and weaknesses of this culture, its impact on the broader society, and its recent spread to other countries. The American legal system is under heavy attack for the impact it is supposed to have on American culture and society generally. A common complaint of the anti-lawyer movement is that under the influence of lawyers we have become a litigious society, in the process undermining traditional American values such as self-reliance and responsibility. In this volume a group of distinguished scholars in law and the social sciences explores these questions. Neither an apology for lawyers nor a critique, Legal Culture and the Legal Profession examines the successes and the problems of the U. S. legal system, its impact on the broader culture, and the spread of American legal culture abroad.
Legal Dualism: The Absorption Of The Occupied Territories Into Israel
by Eyal BenvenistiThis book examines the various methods by which Israeli law is being applied to the occupied territories and their inhabitants. It discusses the legal situation of the territories from the point of view of the positive law that is in effect there.
Legal Education and Legal Profession During and After COVID-19
by C. Raj Kumar S. G. SreejithThis edited volume records the amazing transformations brought about by leaders in legal education and legal profession. It captures experiences and experiments in the governance of law schools and legal profession during the COVID-19 pandemic as case studies; ideas which helped in resilience and which could show the way forward; the psychological, philosophical, and sociological aspects of the transformation; and the spiritual and material sources of motivation of the leadership. The contributions are along the following themes --- The shifting idea of law school: systems and processes; The “new normal” in legal profession; Psychological, philosophical, and sociological aspects of transformation; Experiences from global regions and countries; Legal education and legal profession in a post-COVID world. Through these five themes, and the eighteen contributions, the volume seeks to answer questions like --- how the educational and professional leaders adapted to the circumstances by building a “new normal”? How and to what extent their own legal education and professional experiences informed their actions during the Pandemic? How they re-imagined ambitions and reordered systems and processes? What type of guidance and support they received from the state and regulatory bodies? How they guaranteed the well-being of students, faculty, and staff during the Pandemic and the transition? How they upheld professional values and ethics when contexts of their application collapsed?
Legal Education in Asia: Globalization, Change and Contexts (Routledge Law in Asia)
by Kathryn Taylor Stacey SteeleLegal education is undergoing rapid change throughout Asia. This book is a critique of the changing nature of legal education in major Asian jurisdictions as diverse as Afghanistan, Australia, Cambodia, the People’s Republic of China, Hong Kong, Indonesia, Japan, the Republic of Korea, Singapore, Taiwan and Vietnam. It provides cross-country comparative material, including Western legal education systems, and particularly detailed coverage of Japan, whose legal education system has been used by many other countries in Asia as a model to imitate. Despite the diverse histories, societies, traditions and political and economic situations of these countries, they all share common themes of change, renewal and reform in their legal education systems. The jurisdictions also generally tend to be embracing globalisation, despite (or in some instances because of) the association of globalisation with other movements, such as the development of market economies and neo-liberal ideals. This is the first significant collection available in English on the subject of pre-qualification legal education in Asia, providing a valuable multi-jurisdictional tool for academics and students of Asian legal studies, law reformers, governance experts, development practitioners and lawyers working in the region.
Legal Empowerment in Informal Settlements: Grassroots Experiences in the Global South
by Adrian Di GiovanniThis book investigates grassroots, community-led justice strategies – known as legal empowerment – being used to promote the human rights of people living in informal settlements in the Global South.Residents of informal settlements, also known as slums or favelas, encounter a complex array of human rights violations; from systemic discrimination by public officials, to threats to physical security from forced evictions, or arbitrary arrests, to a lack of access to basic services such as housing, water, sanitation, and education. This book shows how grassroots justice organizations around the world are working with residents to defend their rights and secure more dignified living conditions. Drawing on original empirical research across 10 countries in Africa, Asia, and Latin America, the book demonstrates how legal empowerment can put residents at the centre of holistic approaches to urban development and confront exclusionary and undemocratic systems of governance. The book encompasses practical recommendations and strategies such as rights-based approaches to informality, participation, community mobilization and litigation.Bridging the gaps between the law on the books and the harsh realities of informality on the ground, this book will be an important read for researchers, practitioners, and policymakers, working in realms of social and economic rights, access to justice and urban poverty and development.
Legal Experiments for Development in Latin America: Modernization, Revolution and Social Justice (Routledge Studies in Latin American Development)
by Helena Alviar GarcíaThis book provides a nuanced picture of how diverse legal debates on the pursuit of economic development and modernization have played out in Latin America since independence. The opposing concepts of modernization theory and Dependency Theory can be seen to be playing out within the field of legal transformation, as some legal analysts define law as a closed, formal, rational system, and others see law as inseparable from economic, social and political change. Legal experiments have followed these trends, in some cases using legal instruments to guarantee classical, civil and political rights, and in others demanding radical transformation of existing legal structures. This book traces these debates across the key topics of: economic development and foreign investment; property; resource and power distribution in terms of gender and social policy. Drawing on a wide range of literature, the book adds complexity and color to our understanding of these themes in Latin America. This insightful exploration of comparative law within Latin America provides the tools needed to understand legal transformation in the region, and as such will be of interest to researchers within law, political sociology, development and Latin American studies.
Legal Feminism: Italian Theories and Perspectives
by Angela Condello Anna Simone Ilaria Boiano Emma C. GainsforthThe volume offers an overview of the theories and practices of Italian legal feminism, presenting both the main themes addressed and the main protagonists of Italian feminist legal theory. The book is divided into two parts. The first is dedicated to deepening crucial issues that directly concern women’s knowledge and lives from a feminist perspective, such as the interconnection between law, rights and justice; diversity, difference and equality; sex, sexuality and reproduction; citizenship and borders; deviance, criminal matters and security; and victims, victimology, and vulnerability. Each set of thematic issues is analysed by a current Italian feminist legal scholar, who engages with multiple feminist voices in order to emphasise the need for an interdisciplinary approach to law from a feminist perspective. The second part of the book is devoted to outlining the paths of study, research and practice of specific and renowned Italian legal scholars who have provided the foundation for legal feminism in Italy: Letizia Gianformaggio, Tamar Pitch, Silvia Niccolai, and Lia Cigarini. The book thereby offers, for the first time, a comprehensive account of the traditions and trajectories of Italian legal feminism, thus opening up a dialogue with other feminist approaches to law and justice. The book will appeal to scholars in legal theory, critical and sociolegal studies, sociology, gender studies, and critical criminology.
Legal Feminisms: Theory and Practice (Routledge Revivals)
by Clare McGlynnFirst published in 1998, this book explores the links between theories of feminism and the practice of law, and does so through an examination of a number of contemporary themes in feminist legal studies. From an interdisciplinary perspective, this book examines, as one of its overarching themes, the existence of a distinctively female legal voice, or voices. In arguing for a recognition of the diversity of women’s experiences of the law and in the law, it is also maintained that the role of feminism as a political strategy must not be lost. Feminist legal studies is one of the most exciting and dynamic areas of contemporary legal studies and the ambition of this book is both to capture and channel this dynamic. In introducing themes from politics, philosophy, literature, sociology and cultural studies, this book will be of interest to a wide ranging audience.
Legal Fictions: Constituting Race, Composing Literature
by Karla Fc HollowayIn Legal Fictions, Karla FC Holloway both argues that U.S. racial identity is the creation of U.S. law and demonstrates how black authors of literary fiction have engaged with the law's constructions of race since the era of slavery. Exploring the resonance between U.S. literature and U.S. jurisprudence, Holloway reveals Toni Morrison's Beloved and Charles Johnson's Middle Passage as stories about personhood and property, David Bradley's The Chaneysville Incident and Ralph Ellison's Invisible Man as structured by evidence law, and Nella Larsen's Passing as intimately related to contract law. Holloway engages the intentional, contradictory, and capricious constructions of race embedded in the law with the same energy that she brings to her masterful interpretations of fiction by U.S. writers. Her readings shed new light on the many ways that black U.S. authors have reframed fundamental questions about racial identity, personhood, and the law from the nineteenth into the twenty-first centuries. Legal Fictions is a bold declaration that the black body is thoroughly bound by law and an unflinching look at the implications of that claim.
Legal Frameworks for Tertiary Education in Sub-Saharan Africa
by William Saint Christine LaoThe performance of tertiary educational institutions is heavily influenced by their governance arrangements, management structures, accountability mechanisms, and regulatory environments. 'Legal Frameworks for Tertiary Education in Sub-Saharan Africa' analyzes 70 examples of tertiary education legislation and individual statutes of selected public institutions in 24 Sub-Saharan African countries. It identifies the range of formal governance and management practices for university educational systems set forth in these legal documents. These factors are fundamental for determining the responsiveness, adaptability, and flexibility of tertiary education systems, and ultimately the capacity of these systems to manage change and maintain relevance under continually shifting circumstances. Overall, the analysis finds general tendencies to increase institutional autonomy, to strengthen accountability mechanisms, to shift from appointment to elective representation in the filling of higher governance and management positions, and to expand university links with civil society, the private sector, and regional and international institutions.
Legal Guide for Police: Constitutional Issues
by Craig Hemmens Jeffery T. WalkerLegal Guide for Police, 10th edition, is a valuable tool for criminal justice students and law enforcement professionals, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Including specific case examples, this revised edition provides the most current information for students and law enforcement professionals needing to develop a modern understanding of the law. Authors Walker and Hemmens have added introductory and summary chapters to this edition, which aid readers in understanding the context, importance, and applicability of the case law. All chapters have been updated to reflect U.S. Supreme Court decisions up to and including the 2013 term of court. Among the important new cases covered are: Bailey v. United States (2013), Berghuis v. Thompkins (2010), Kentucky v. King (2010), Maryland v. King (2013), and Michigan v. Bryant (2011). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text.
Legal Guide for Police: Constitutional Issues
by Craig Hemmens Jeffery T. WalkerLegal Guide for Police: Constitutional Issues, 11th Edition, is a valuable tool for criminal justice students and law enforcement professionals, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Including specific case examples, this revised edition provides the most current information for students and law enforcement professionals needing to develop an up-to-date understanding of the law. Authors Walker and Hemmens have included introductory and summary chapters to aid readers in understanding the context, importance, and applicability of the case law. A new chapter covers warrantless searches involving cell phones and other technology, as well as vehicles. All chapters have been updated to reflect U.S. Supreme Court decisions up to and including the 2018 term of court. Important cases added to this edition include: Riley v. California (2014), Florida v. Jardines (2013), Birchfield v. North Dakota (2016), Heien v. North Carolina (2014), and Byrd v. United States (2018). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text.
Legal Guide for Police: Constitutional Issues
by Craig Hemmens Jeffery T. WalkerLegal Guide for Police: Constitutional Issues, 12th Edition, is a valuable tool for criminal justice students and law enforcement professionals, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Including specific case examples, this revised edition provides the most current information for students and law enforcement professionals needing to develop an up-to-date understanding of the law. Authors Walker and Hemmens have included introductory and summary chapters to aid readers in understanding the context, importance, and applicability of the case law. All chapters have been updated to reflect U.S. Supreme Court decisions up to and including the 2021 term of court. Important cases added to this edition include: Caniglia v. Strom (2021) (warrantless search), Kansas v. Glover (2020) (vehicle stop), Mitchell v. Wisconsin (2019) (warrantless drawing of blood), Rivas-Villegas v. Cortesluna (qualified immunity), and Nieves v. Bartlett (2018) (retaliatory arrest). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text.
Legal Institutions in Manchu China: A Sociologial Analysis Revised Edition Volume 24
by Sybille SprenkelMrs van der Sprenkel was led to undertake this journey by her experiences while living in China. lt is a detailed sociological analysis of the whole complex of legal and quasi-legal institutions during the Manchu period. Using a wide range of source material, Mrs van der Sprenkel discusses both the concepts underlying and the actual working of government and administration in Manchu China, the nature of the law, judicial procedure, and, finally, the effectiveness of the law in supporting social order.
Legal Interpretation and Scientific Knowledge
by David Duarte Jorge Silva Sampaio Pedro Moniz LopesThis book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.
Legal Interpreting and Questioning Techniques Explained (Translation Practices Explained)
by Mira Kadrić Monika Stempkowski Ivana HavelkaLanguage and law are closely linked, and language is fundamental to the application of the law. Legal, criminalistic, translational and psychological aspects of communication come together in interpreted questioning (hearings, interrogations, interviews) and must be taken into account, especially since the way in which the questioning outcomes are evaluated can have far-reaching legal consequences. Building on empirical studies and practice, this accessible text provides a transdisciplinary examination of questioning methods and strategies. The institutional framework conditions of a questioning situation are examined in the context of transdisciplinary cooperation.This book also addresses the increasing use of technology and hybrid forms of translation and interpreting in the legal system, and shows different ways in which interpreters co-construct information. Chapters include summaries of key concepts and definitions, examples from existing literature combined with practical experience and the results of surveys conducted by the authors, as well as further reading and non-language-specific study activities. Activities include role plays on thematic scenarios involving different actors in criminal proceedings and discussion groups to enable reflection on ethical issues and discursive challenges.This is a vital text for both advanced students and professionals in interpreting studies and criminology.
Legal Issues in Social Work Practice and Research
by Sana LoueThis highly practical text surveys the myriad legal and ethical issues that social workers encounter both in daily practice and under special circumstances. Its initial section presents concepts in law and ethics that unite practitioners, researchers, and academics in the field, such as confidentiality, informed consent, and the interplay between social work and administrative and judicial systems. A selection of representative cases illustrates legal aspects involved in providing services to families, children, elders, and persons with disabilities. Also included are chapters on advocacy in social work, both in its potential to influence policy and on the global stage as part of the ongoing struggle for human rights and dignity.Among the topics covered:Confidentiality and the social worker-client relationshipLiability issues for social workers in the clinical contextLegal issues arising in the context of social work researchThe social worker and forensic social workSocial worker involvement in access to school and school servicesSocial work in the context of health careLegal issues working with immigrants, refugees, and asyleesThe interface between social work and human rightsLegal Issues in Social Work Practice and Research is an interdisciplinary text aimed at social work, mental health, and legal professionals. It enhances the power of social work as an integrative system to support clients’ rights and agency.
Legal Lynching: Racism, Injustice, and the Death Penalty
by Jesse JacksonA legal and ethical analysis of the death penalty.
Legal Passing: Navigating Undocumented Life and Local Immigration Law
by Angela S. GarcíaLegal Passing offers a nuanced look at how the lives of undocumented Mexicans in the US are constantly shaped by federal, state, and local immigration laws. Angela S. García compares restrictive and accommodating immigration measures in various cities and states to show that place-based inclusion and exclusion unfold in seemingly contradictory ways. Instead of fleeing restrictive localities, undocumented Mexicans react by presenting themselves as “legal,” masking the stigma of illegality to avoid local police and federal immigration enforcement. Restrictive laws coerce assimilation, because as legal passing becomes habitual and embodied, immigrants distance themselves from their ethnic and cultural identities. In accommodating destinations, undocumented Mexicans experience a localized sense of stability and membership that is simultaneously undercut by the threat of federal immigration enforcement and complex street-level tensions with local police. Combining social theory on immigration and race as well as place and law, Legal Passing uncovers the everyday failures and long-term human consequences of contemporary immigration laws in the US.
Legal Phantoms: Executive Action and the Haunting Failures of Immigration Law
by Stephen Lee Susan Bibler Coutin Jennifer M. ChacónThe 2012 Deferred Action for Childhood Arrivals (DACA) program was supposed to be a stepping stone, a policy innovation announced by the White House designed to put pressure on Congress for a broader, lasting set of legislative changes. Those changes never materialized, and the people who hoped to benefit from them have been forced to navigate a tense and contradictory policy landscape ever since, haunted by these unfulfilled promises. Legal Phantoms tells their story. After Congress failed to pass a comprehensive immigration bill in 2013, President Obama pivoted in 2014 to supplementing DACA with a deferred action program (known as DAPA) for the parents of citizens and lawful permanent residents and a DACA expansion (DACA+) in 2014. But challenges from Republican-led states prevented even these programs from going into effect. Interviews with would-be applicants, immigrant-rights advocates, and government officials reveal how such failed immigration-reform efforts continue to affect not only those who had hoped to benefit, but their families, communities, and the country in which they have made an uneasy home. Out of the ashes of these lost dreams, though, people find their own paths forward through uncharted legal territory with creativity and resistance.
Legal Plunder: Households and Debt Collection in Late Medieval Europe
by Daniel Lord SmailAs a Europe grew rich in the Middle Ages, the well-made clothes, linens, and wares of households often substituted for hard currency. Pawnbrokers kept goods in circulation, and sergeants of the law marched into debtors' homes to seize belongings equal in value to debts owed. David Smail describes a material world on the cusp of modern capitalism.
Legal Pluralism and Indian Democracy: Tribal Conflict Resolution Systems in Northeast India (Transition in Northeastern India)
by Melvil Pereira Bitopi Dutta Binita KakatiThis book offers a multifaceted look at Northeast India and the customs and traditions that underpin its legal framework. The book: charts the transition of traditions from colonial rule to present day, through constitutionalism and the consolidation of autonomous identities, as well as outlines contemporary debates in an increasingly modernising region; explores the theoretical context of legal pluralism and its implications, compares the personal legal systems with that of the mainland, and discusses customary law’s continuing popularity (both pragmatic and ideological) and common law; brings together case studies from across the eight states and focuses on the way individual systems and procedures manifest among various tribes and communities in the voices of tribal and non-tribal scholars; and highlights the resilience and relevance of alternative systems of redressal, including conflict resolution and women’s rights. Part of the prestigious ‘Transition in Northeastern India’ series, this book presents an interesting blend of theory and practice, key case studies and examples to study legal pluralism in multicultural contexts. It will be of great interest to students of law and social sciences, anthropology, political science, peace and conflict studies, besides administrators, judicial officers and lawyers in Northeast India, legal scholars and students of tribal law, and members of customary law courts of various tribal communities in Northeast India.
Legal Pluralism in Central Asia: Local Jurisdiction and Customary Practices (Central Asian Studies)
by Mahabat SadyrbekLegal Pluralism in Central Asia reports on historical, anthropological and legal research which examines customary legal practices in Kyrgyzstan and relates them to wider societal developments in Central Asia and further afield. Using the term legal pluralism, the book demonstrates that there is a spectrum of approaches, available avenues, forms of local law and indigenous popular justice in Kyrgyzstan’s predominantly rural communities, which can be labelled living law. Based on her extensive original research, Mahabat Sadyrbek shows how contemporary peoples systematically address challenging problems, such as disputes, violence, accidents, crime and other difficulties, and thereby seek justice, redress, punishment, compensation, readjustment of relations or closure. She demonstrates that local law, expressed through ritually structured communicative exchange, through dictums and proverbs with binding characters and different legal practices or processes undertaken in specific ways, deem the solutions appropriate and acceptable. The reader is thereby enabled to see the law in people’s deepest assumptions and beliefs, in codes of shame and honour, in local mores and ethics as well as in religious terms. In this way, the book reveals the dynamic, changing and living character of law in a specific context and in a region hitherto insufficiently researched within legal anthropology.
Legal Pluralism in Indonesia: Bridging the Unbridgeable (Routledge Contemporary Southeast Asia Series)
by Ratno LukitoWith the revival of Islamic law and adat (customary) law in the country, this book investigates the history and phenomenon of legal pluralism in Indonesia. It looks at how the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. Focusing on the aspects of political and ‘conflictual’ domains of legal pluralism in Indonesia, the book discusses the understanding of the state’s attitude and behaviour towards the three largest legal traditions currently operative in the society: adat law, Islamic law and civil law. The first aspect is addressed by looking at how the state specifically deals with Islamic law and adat law, while the second is analysed in terms of actual cases of private interpersonal law, such as interfaith marriage, interfaith inheritance and gendered inheritance. The book goes on to look at how socio-political factors have influenced the relations between state and non-state laws, and how the state’s strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. It is a useful contribution for students and scholars of Asian Studies and Law.
Legal Pluralism: New Trajectories in Law (ISSN)
by Jennifer Hendry Alex GreenThis book examines the development and fundamental nature of legal pluralism. Legal pluralism evokes two distinctions: ‘state’ vs ‘non-state’ law; and ‘law’ vs ‘non-law’. As such, although this book focuses upon circumstances in which two or more legal orders compete to govern the same social space, it also addresses the nature of law in general. Drawing on material conflicts arising within jurisdictions such as Australia, Burundi, Cameroon, Gambia, the United States, and Zambia, this book explores the conceptual, moral, and political challenges that legal pluralism creates. Emphasising that non-state law carries no less dignity than that often ascribed to the legal orders of contemporary states, it advances a theoretically sophisticated argument in favour of recognising and respecting genuine cases of legal pluralism, wherever they arise. Accessible and thought provoking, this book will appeal to legal scholars, anthropologists, sociologists, and political and social philosophers as well as practising lawyers, judges, and policymakers who deal with issues of legal pluralism.