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Justice And Power In Sociolegal Studies
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Book Synopsis Justice and Power in Sociolegal Studies by : Bryant G. Garth
Download or read book Justice and Power in Sociolegal Studies written by Bryant G. Garth and published by Northwestern University Press. This book was released on 1998 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice and Power in the Sociolegal Studies asks what interdisciplinary work in the law and society tradition tells us about the relationship of law and justice, as well as the way power operates in and through law. The fundamental concepts of justice and power provide points of departure for leading scholars to explore the various domains of socio-legal research. As they note the explicitness of the engagement with issues of power and the relative silence about -- or indirectness in taking on -- questions of justice found in most law and society research, they ask how engagement with issues of power and silence about justice constituted law and society as a research field caught between a desire to have political impact and, at the same time, to maintain its scientific respectability.
Book Synopsis How Does Law Matter? by : Bryant G. Garth
Download or read book How Does Law Matter? written by Bryant G. Garth and published by Northwestern University Press. This book was released on 1998 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis When Law Fails by : Charles J. Ogletree, Jr.
Download or read book When Law Fails written by Charles J. Ogletree, Jr. and published by NYU Press. This book was released on 2009-01-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system. The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is rife with faulty eyewitness identifications, false confessions, biased juries, and racial discrimination. Distinguished legal thinkers Charles J. Ogletree, Jr., and Austin Sarat have assembled a stellar group of contributors who try to make sense of justice gone wrong and to answer urgent questions. Are miscarriages of justice systemic or symptomatic, or are they mostly idiosyncratic? What are the broader implications of justice gone awry for the ways we think about law? Are there ways of reconceptualizing legal missteps that are particularly useful or illuminating? These instructive essays both address the questions and point the way toward further discussion. When Law Fails reveals the dramatic consequences as well as the daily realities of breakdowns in the law’s ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system. Contributors: Douglas A. Berman, Markus D. Dubber, Mary L. Dudziak, Patricia Ewick, Daniel Givelber, Linda Ross Meyer, Charles J. Ogletree, Jr., Austin Sarat, Jonathan Simon, and Robert Weisberg.
Book Synopsis Living Legacies of Social Injustice by : Chris Beasley
Download or read book Living Legacies of Social Injustice written by Chris Beasley and published by Taylor & Francis. This book was released on 2023-08-14 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a wide range of international and interdisciplinary case studies, this book develops the notion of legacy, and in particular, ‘living legacy’– that is, it explores power relations in the context of time as a means to considering and challenging social injustice. Legacies of social injustice are very frequently erased, denied or declared redundant. Framed by the concept of ‘legacy’, this book does not conceive legacy as simply referring to relics of the past, or to cultural heritage practices and artifacts. Instead, the book focuses upon ‘living legacies’, understood as ongoing, actively engaged in the re-constitution of power relations, and influential in the development of alternative political imaginaries. Through a variety of studies from many different contexts—including Indigenous trauma in Australia, displacement in Beirut, women travellers in Scotland, and heteronormativity in Hollywood—the book draws not only upon historiographic, sociological, legal, political, cultural and other disciplinary approaches, but also specifically makes use of feminist and postcolonial perspectives. Foregrounding the legacies of inequality and marginalisation, it contributes to a re-thinking of power and social change in ways that together suggest potential means for unsettling and reimagining such legacies. This book will appeal to an interdisciplinary range of readers with interests and concerns in the broad area of social justice, but especially to those working in sociolegal studies, sociology, gender studies, indigenous studies and politics.
Book Synopsis International Perspectives on Consumers' Access to Justice by : Charles E. F. Rickett
Download or read book International Perspectives on Consumers' Access to Justice written by Charles E. F. Rickett and published by Cambridge University Press. This book was released on 2003-03-20 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consumer protection law in the age of globalisation poses new challenges for policy-makers. This book highlights the difficulties of framing regulatory responses to the problem of consumers' access to justice in the new international economy. The growth of international consumer transactions in the wake of technological change and the globalisation of markets suggests that governments can no longer develop consumer protection law in isolation from the international legal arena. Leading scholars consider the broader theme of access to justice from socio-legal, law and economics perspectives. Topics include standard form contracts, the legal challenges posed by mass infections (such as mad-cow disease and CJD), ombudsman schemes, class actions, alternative dispute resolution, consumer bankruptcy, conflict of laws, and cross-border transactions. This book demonstrates that advancing and achieving access to justice for consumers proves to be a challenging, and sometimes elusive, task.
Book Synopsis Cultural Analysis, Cultural Studies, and the Law by : Austin D. Sarat
Download or read book Cultural Analysis, Cultural Studies, and the Law written by Austin D. Sarat and published by Duke University Press. This book was released on 2003-07-03 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural Analysis, Cultural Studies, and the Law is a field-defining collection of work at the intersection of law, cultural analysis and cultural studies. Over the past few decades the marked turn toward claims and policy arguments based on cultural identity—such as ethnicity, race, or religion—has pointed up the urgent need for legal studies to engage cultural critiques. Exploration of legal issues through cultural analyses provides a rich supplement to other approaches—including legal realism, law and economics, and law and society. As Austin Sarat and Jonathan Simon demonstrate, scholars of the law have begun to mine the humanities for new theoretical tools and kinds of knowledge. Crucial to this effort is cultural studies, with its central focus on the relationship between knowledge and power. Drawing on legal scholarship, literary criticism, psychoanalytic theory, and anthropology, the essays collected here exemplify the contributions cultural analysis and cultural studies make to interdisciplinary legal study. Some of these broad-ranging pieces describe particular approaches to the cultural study of the law, while others look at specific moments where the law and culture intersect. Contributors confront the deep connections between law, social science, and post-World War II American liberalism; examine the traffic between legal and late-nineteenth- and early-twentieth-century scientific discourses; and investigate, through a focus on recovered memory, the ways psychotherapy is absorbed into the law. The essayists also explore specific moments where the law is forced to comprehend the world beyond its boundaries, illuminating its dependence on a series of unacknowledged aesthetic, psychological, and cultural assumptions—as in Aldolph Eichmann’s 1957 trial, hiv-related cases, and the U.S. Supreme Court’s recent efforts to define the role of race in the construction of constitutionally adequate voting districts. Contributors. Paul Berman, Peter Brooks, Wai Chee Dimock, Anthony Farley, Shoshanna Felman, Carol Greenhouse, Paul Kahn, Naomi Mezey, Tobey Miller, Austin Sarat, Jonathan Simon, Alison Young
Book Synopsis Power, Race, and Justice by : Theo Gavrielides
Download or read book Power, Race, and Justice written by Theo Gavrielides and published by Routledge. This book was released on 2021-09-28 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are living in a world where power abuse has become the new norm, as well as the biggest, silent driver of persistent inequalities, racism and human rights violations. The COVID-19 socio-economic consequences can only be compared with those that followed World War II. As humanity is getting to grips with them, this timely book challenges current thinking, while creating a much needed normative and practical framework for revealing and challenging the power structures that feed our subconscious feelings of despair and defeatism. Structured around the four concepts of power, race, justice and restorative justice, the book uses empirical new data and normative analysis to reconstruct the way we prevent power abuse and harm at the inter-personal, inter-community and international levels. This book offers new lenses, which allow us to view power, race and justice in a modern reality where communities have been silenced, but through restorative justice are gaining voice. The book is enriched with case studies written by survivors, practitioners and those with direct experiences of power abuse and inequality. Through robust research methodologies, Gavrielides’s new monograph reveals new forms of slavery, while creating a new, philosophical framework for restorative punishment through the acknowledgement of pain and the use of catharsis for internal transformation and individual empowerment. This is a powerful and timely book that generates much needed hope. Through a multi-disciplinary dialogue that uses philosophy and critical theory, social sciences, criminology, law, psychology and human rights, the book opens new avenues for practitioners, researchers and policy makers internationally.
Book Synopsis Just Silences by : Marianne Constable
Download or read book Just Silences written by Marianne Constable and published by Princeton University Press. This book was released on 2009-01-10 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional "silence" of the peoples whose religions and languages they aim to "protect" and "preserve"? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice. Grounding her claims about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences in modern law and justice. She shows how what she calls "sociolegal positivism" is more important than the natural law/positive law distinction for understanding modern law. Modern law is a social and sociological phenomenon, whose instrumental, power-oriented, sometimes violent nature raises serious doubts about the continued possibility of justice. She shows how particular views of language and speech are implicated in such law. But law--like language--has not always been positivist, empirical, or sociological, nor need it be. Constable examines possibilities of silence and proposes an alternative understanding of law--one that emerges in the calling, however silently, of words to justice. Profoundly insightful and fluently written, Just Silences suggests that justice today lies precariously in the silences of modern positive law.
Book Synopsis The Rule of Justice by : Elizabeth Dale
Download or read book The Rule of Justice written by Elizabeth Dale and published by Ohio State University Press. This book was released on 2001 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rule of Justice explores a sensational homicide case that took place in Chicago in 1888. Zephyr Davis, a young African American man accused of murdering an Irish American girl who was his coworker, was pursued, captured, tried, and convicted amid public demands for swift justice and the return of social order. Through a close study of the case, Dale explores the tension between popular ideas about justice and the rule of law in industrial America. As Dale observes, mob justice -- despite the presence of a professional police force -- was quite common in late nineteenth-century Chicago, and it was the mob that ultimately captured Davis. Once Davis was apprehended, the public continued to make its will known through newspaper articles and public meetings, called by various civic organizations to discuss or protest the case. Dale demonstrates that public opinion mattered and did, in fact, exert an influence on criminal law and criminal justice. She shows, in this particular instance the public was able to limit the authority of the legal system and the state, with the result that criminal law conformed to popular will. The Rule of Justice is sure to appeal to historians of criminal justice, legal historians, those interested in Chicago history, and those interested in the history of race relations in America.
Author :School of Justice Studies Publisher :Springer Science & Business Media ISBN 13 :1489936084 Total Pages :288 pages Book Rating :4.4/5 (899 download)
Book Synopsis New Directions in the Study of Justice, Law, and Social Control by : School of Justice Studies
Download or read book New Directions in the Study of Justice, Law, and Social Control written by School of Justice Studies and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication of this anthology culminates what began as a Visiting Distinguished Scholars Lecture Series sponsored by the School of Jus tice Studies. When Dr. John M. Johnson was awarded the Arizona State University Graduate College's Distinguished Research Award for 1986- 1987, the School faculty voted to use the accompanying stipend to bring several scholars to campus. Each visiting scholar was commis sioned to present an original paper on contemporary issues in justice and to meet with graduate students and faculty during a week-long visit to campus. This collection of essays promotes wide-ranging conceptions of justice. As first conceived, we sought to bring an interdisciplinary per spective to the study of justice as a way of intellectually extending the current focus of research and teaching. As it developed, the collection permitted us to reflect on our own instructional program in law and the social sciences and to promote a conception of social conflict and control which includes social, political, economic, and legal controls.
Book Synopsis Informal Criminal Justice by : Dermot Feenan
Download or read book Informal Criminal Justice written by Dermot Feenan and published by Routledge. This book was released on 2018-02-06 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2002: This volume explores conceptual debates and provides contemporary research in the field of informal criminal justice, including chapters on paramilitary "punishment" and post-cease-fire restorative justice schemes in Northern Ireland, post-apartheid vigilantism in South Africa, and informal crime management in England.
Book Synopsis The Blackwell Companion to Law and Society by : Austin Sarat
Download or read book The Blackwell Companion to Law and Society written by Austin Sarat and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Blackwell Companion to Law and Society is an authoritative study of the relationship between law and social interaction. Thirty-two original essays by an international group of expert scholars examine a wide range of critical questions. Authors represent various theoretical, methodological, and political commitments, creating the first truly global overview of the field. Examines the relationship between law and social interactions in thirty-three original essay by international experts in the field. Reflects the world-wide significance of North American law and society scholarship. Addresses classical areas and new themes in law and society research, including: the gap between law on the books and law in action; the complexity of institutional processes; the significance of new media; and the intersections of law and identity. Engages the exciting work now being done in England, Europe, Australia, and New Zealand, South Africa, Israel, as well as "Third World" scholarship.
Book Synopsis Social Science, Social Policy, and the Law by : Patricia Ewick
Download or read book Social Science, Social Policy, and the Law written by Patricia Ewick and published by Russell Sage Foundation. This book was released on 1999-06-10 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social science has been an important influence on legal thought since the legal realists of the1930s began to argue that laws should be socially workable as well as legally valid. With the expansion of legal rights in the 1960s, the law and social science were bound together by an optimistic belief that legal interventions, if fully informed by social science, could become an effective instrument of social improvement. Legal justice, it was hoped, could translate directly into social justice. Though this optimism has receded in both disciplines, social science and the law have remained intimately connected. Social Science, Social Policy, and the Law maps out this new relationship, applying social science to particular legal issues and reflecting upon the role of social science in legal thought. Several case studies illustrate the way that the law is embedded within the tangled interests and incentives that drive the social world. One study examines the entrepreneurialism that has shaped our systems of punishment from the colonial practice of deportation to today's privatized jails. Another case shows how many of those who do not qualify for legal aid cannot afford an effective legal defense with the consequence that economic inequality leads to inequality before the law. Two other studies look at the mixed results of legal regulation: the failure of legal safeguards to stop NASA's fatal 1986 Challenger launch decision, and the complicated effects of regulations to curb conflicts of interest in law firms. These two cases demonstrate that the law's effectiveness can depend, not only on how it is drafted, but also on how well it harmonizes with pre-existing social norms and patterns of self-regulation. The contributors to this volume share the belief that social science can and should influence legal policymaking. Empirical research is necessary to offset anecdotal evidence and untested assertions. But research that is acceptable to the academy may not stand up in court, and, as a result, social science does not always get a sympathetic hearing from legal decision makers. The relationship between social science and the law will always be complex; this volume takes a lead in showing how it can nonetheless be productive.
Book Synopsis Studies in Law, Politics and Society by : Austin Sarat
Download or read book Studies in Law, Politics and Society written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2010-03-05 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of Studies in Law, Politics, and Society contains a sampling of work from some of the most promising junior scholars in the next generation of the law and society community. Nominated by their advisors or mentors, their work explores some of the newest areas of law and society research as well as brings fresh insight to bear on enduring
Book Synopsis Negotiating Justice by : Corey S. Shdaimah
Download or read book Negotiating Justice written by Corey S. Shdaimah and published by NYU Press. This book was released on 2011-04-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: While many young people become lawyers for the big bucks, others are motivated by the pursuit of social justice, seeking to help people for whom legal services are financially, socially, or politically inaccessible. These progressive lawyers often bring a considerable degree of idealism to their work, and many leave the field due to insurmountable red tape and spiraling disillusionment. But what about those who stay? And what do their clients think? Negotiating Justice explores how progressive lawyers and their clients negotiate the dissonance between personal idealism and the realities of a system that doesn’t often champion the rights of the poor. Corey S. Shdaimah draws on over fifty interviews with urban legal service lawyers and their clients to provide readers with a compelling behind-the-scenes look at how different notions of practice can present significant barriers for both clients and lawyers working with limited resources, often within a legal system that many view as fundamentally unequal or hostile. Through consideration of the central themes of progressive lawyering—autonomy, collaboration, transformation, and social change—Shdaimah presents a subtle and complex tableau of the concessions both lawyers and clients often have to make as they navigate the murky and resistant terrains of the legal system and their wider pursuits of justice and power.
Book Synopsis Everyday Justice by : Sandra Brunnegger
Download or read book Everyday Justice written by Sandra Brunnegger and published by Cambridge University Press. This book was released on 2019-12-19 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides rich ethnographic analysis and offers a critical ethnographic approach to justice.
Book Synopsis Discourse Power and Justice by : Michael Adler
Download or read book Discourse Power and Justice written by Michael Adler and published by Routledge. This book was released on 2002-03-11 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 1994. Discourse, Power and Justice is a distinctive and theoretically informed empirical study of the administration of the Scottish prison system. It is based on extensive research and combines theoretical innovation with detailed empirical evidence. The book is located at the confluence of two academic traditions and their associated literatures, socio-legal studies and the sociology of knowledge, which are combined to produce a novel theoretical framework. The authors focus on the activities of those who manage the prison system. They identify the most important social actors in the prison system, located both historically and comparatively, and examine their characteristic forms of discourse. A number of crucial areas of decision-making are analysed in depth, including decisions about the initial classification of prisoners, transfers between establishments and the allocation of prisoners to different forms of work. Another major focus is on the different forms and mechanisms of accountability, and the book concludes with an analysis of recent policy changes. Discourse, Power and Justice will be essential reading for both students and practitioners in sociology, social policy, criminology and law.
