How Does Law Matter
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.
Does Law Matter
For many years now, there has been a strong economic scholarship pointing to the importance of institutions in general - and, more particularly, legal rules and the rule of law - for economic development. The importance of law for economic growth has also been empirically tested in many well-known and often cited studies. These studies seem to indicate not only that law is relevant in the development of countries and their economic growth in particular, but more specifically, that particular legal systems do better than others. The tenant of this scholarship (especially initiated by Andrej Schleifer and others) is that the common law would be a more efficient system in promoting economic growth than the civil law. However, many scholars doubt the empirical claim of this and criticize these findings, both on methodological grounds as well as on grounds of a misconception of differences between the civil and the common law. The interest in legal origins for the efficiency of the legal system also focuses on particular legal regimes, such as accident law, environmental law, or corporate law. Increasingly, the question is also asked whether legal institutions and the rule of law are also important in the process whereby poor nations develop their economy. For example, Cooter, Schafer, and Ulen have attempted to examine why particular developing countries do relatively better than others and, roughly speaking, also attribute (part of the) success of some developing countries to legal institutions. However, others (more particularly Ulen) point at the fact that legal rules may play some role, but perhaps only a modest role in economic development. A powerful example which is quoted in that respect is the one of China which, at least at first blush, does not seem to rely strongly on legal institutions (at least in the traditional sense) and nevertheless has experienced a spectacular economic growth. The particular case of China hence remains somewhat puzzling in this debate. So far, these various streams of literature paying attention to the question to what extent legal origins matter for economic growth have not been strongly integrated and have, to a large extent, been developed in separate social sciences (institutional economics, development economics, and comparative law). This multi-disciplinary book brings these approaches together in an integrated and structural manner. (Series: Ius Commune Europaeum - Vol. 100)
How Does Law Matter to Social Movements A Case Study of Gay Activism in Singapore
This study is aimed at gaining a better understanding of how people fight for change collectively in societies that, unlike the United States, have less of democratic processes, and fundamental civil-political rights, and, of how law matters to their processes of doing so. It focuses on a particular minority group, gay people, in one particular society - Singapore, an Asian country with shades of authoritarianism - and explored how gay activists make sense of their grievances, strategize and take action to achieve their goals, and evaluate their own efforts. Based on systematic collection and analysis of data, including in-depth interviews with 100 activists, the study found: Unlike what sociology of law has learned in the United States, law - in the form of legal rights - is neither a strategic nor symbolic resource for these activists. The role of law in collective fights for social change goes beyond that of rights, which are stymied by the very legal system set up by the powers in control. Gay activists in Singapore regard law as a key source of oppression that obstructs their movement. The ruling party, in control for the past 45 years, has used law's power of sanction and delegitimization not only to deter legally, but also to cultivate cultural norms that discourage its people from coming together to agitate for social change, to use rights, and to ask for change in the form of rights, which are painted as confrontational, and detrimental to their society's stability and economic progress. Hence, these activists focus on achieving social changes outside formal law, such as gaining acceptance from society at large, and the state to come out, speak out, and have their grievances heard, and to organize, and assemble more publicly as a group of people with shared concerns and interests. Rather than turning to the law to aid their cause, they resist it through "pragmatic resistance," a strategy that precariously balances movement survival, and advancement. To "live to fight another day," they abide by the law, and oppressive cultural norms so as to avoid legal sanctions that could lead to the repression of their movement, and demise of small gains already accumulated, thus reversing their hard work; meanwhile, to advance their goals, without changing formal law they imperceptibly push the boundaries of those cultural norms - which are backed by legal sanctions - on what are socially and politically acceptable. They are conscious of, and accept, their strategy as a trade-off between the accumulation of informal gains outside formal law, and the reification and reinforcement of legal power that perpetuates the cultural legitimacy of the existing political order.
Does International Law Matter
Christopher Gregory Weeramantry A été écrit sous une forme ou une autre pendant la plus grande partie de sa vie. Vous pouvez trouver autant d'inspiration de Does International Law Matter Aussi informatif et amusant. Cliquez sur le bouton TÉLÉCHARGER ou Lire en ligne pour obtenir gratuitement le livre de titre $ gratuitement.
Why Law Matters
Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.
Law and Childhood Studies
Offering an insight into the evolving state of law and childhood studies in the modern age, the latest volume in the Current Legal Issues series brings together an international and interdisciplinary cast to address the key issues informing current debates.
The Limits of International Law
International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
The Grand Experiment
The essays in this volume reflect the exciting new directions in which legal history in the settler colonies of the British Empire has developed. The contributors show how local life and culture in selected settlements influenced, and was influenced by, the ideology of the rule of law that accompanied the British colonial project. Exploring themes of legal translation, local understandings, judicial biography, and "law at the boundaries," they examine the legal cultures of dominions in Canada, Australia, and New Zealand to provide a contextual and comparative account of the "incomplete implementation of the British constitution" in these colonies.
Labor and the Wartime State
The United States labor movement can credit -- or blame -- policies and regulations created during World War II for its current status. Focusing on the War Labor Board's treatment of arbitration, strikes, the scope of bargaining, and the contentious issue of union security, James Atleson shows how wartime necessities and language have carried over into a very different post-war world, affecting not only relations between unions and management but those between rank and file union members and their leaders.