Law and Society in Transition

Law and Society in Transition PDF

Author: Philippe Nonet

Publisher: Routledge

Published: 2017-07-12

Total Pages: 237

ISBN-13: 1351509586

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Year by year, law seems to penetrate ever larger realms of social, political, and economic life, generating both praise and blame. Nonet and Selznick's Law and Society in Transition explains in accessible language the primary forms of law as a social, political, and normative phenomenon. They illustrate with great clarity the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity. To make jurisprudence relevant, legal, political, and social theory must be reintegrated. As a step in this direction, Nonet and Selznick attempt to recast jurisprudential issues in a social science perspective. They construct a valuable framework for analyzing and assessing the worth of alternative modes of legal ordering. The volume's most enduring contribution is the authors' typology-repressive, autonomous, and responsive law. This typology of law is original and especially useful because it incorporates both political and jurisprudential aspects of law and speaks directly to contemporary struggles over the proper place of law in democratic governance. In his new introduction, Robert A. Kagan recasts this classic text for the contemporary world. He sees a world of responsive law in which legal institutions-courts, regulatory agencies, alternative dispute resolution bodies, police departments-are periodically studied and redesigned to improve their ability to fulfill public expectations. Schools, business corporations, and governmental bureaucracies are more fully pervaded by legal values. Law and Society in Transition describes ways in which law changes and develops. It is an inspiring vision of a politically responsive form of governance, of special interest to those in sociology, law, philosophy, and politics.

Law and Society in Transition

Law and Society in Transition PDF

Author: Phillippe Nonet

Publisher: Transaction Publishers

Published:

Total Pages: 152

ISBN-13: 1412827310

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Explains the primary forms of law as a social, political and normative phenomenon. The authors illustrate the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity.

Law, Society and Transition in Myanmar

Law, Society and Transition in Myanmar PDF

Author: Melissa Crouch

Publisher: Bloomsbury Publishing

Published: 2014-10-23

Total Pages: 444

ISBN-13: 1782254765

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This edited volume addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar's transition to democracy in a comparative setting, including Myanmar's participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar's legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law.

Lawyers in Conflict and Transition

Lawyers in Conflict and Transition PDF

Author: Kieran McEvoy

Publisher: Cambridge University Press

Published: 2022-03-17

Total Pages: 437

ISBN-13: 1009234374

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Countries undergoing or recovering from conflict and authoritarianism often face profound rule of law challenges. The law on the statute books may be repressive, judicial independence may be compromised, and criminal justice agencies may be captured by powerful interests. How do lawyers working within such settings imagine the law? How do they understand their ethical obligations towards their clients and the rule of law? What factors motivate them to use their legal practice and social capital to challenge repressive power? What challenges and risks can they face if they do so? And when do lawyers facilitate or acquiesce to illegality and injustice? Drawing on over 130 interviews from Cambodia, Chile, Israel, Palestine, South Africa, and Tunisia, this book explores the extent to which theoretical understandings within law and society research on the motivations, strategies, tactics, and experiences of lawyers within democratic states apply to these more challenging environments.

Law and Society in Transition

Law and Society in Transition PDF

Author: Philippe Nonet

Publisher:

Published: 2017

Total Pages:

ISBN-13: 9780203787540

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"Year by year, law seems to penetrate ever larger realms of social, political, and economic life, generating both praise and blame. Nonet and Selznick's Law and Society in Transition explains in accessible language the primary forms of law as a social, political, and normative phenomenon. They illustrate with great clarity the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity. To make jurisprudence relevant, legal, political, and social theory must be reintegrated. As a step in this direction, Nonet and Selznick attempt to recast jurisprudential issues in a social science perspective. They construct a valuable framework for analyzing and assessing the worth of alternative modes of legal ordering. The volume's most enduring contribution is the authors' typology-repressive, autonomous, and responsive law. This typology of law is original and especially useful because it incorporates both political and jurisprudential aspects of law and speaks directly to contemporary struggles over the proper place of law in democratic governance. In his new introduction, Robert A. Kagan recasts this classic text for the contemporary world. He sees a world of responsive law in which legal institutions-courts, regulatory agencies, alternative dispute resolution bodies, police departments-are periodically studied and redesigned to improve their ability to fulfill public expectations. Schools, business corporations, and governmental bureaucracies are more fully pervaded by legal values. Law and Society in Transition describes ways in which law changes and develops. It is an inspiring vision of a politically responsive form of governance, of special interest to those in sociology, law, philosophy, and politics."--Provided by publisher.

Law, Society, and Industrial Justice

Law, Society, and Industrial Justice PDF

Author: Philip Selznick

Publisher: Quid Pro Books

Published: 2020-05-23

Total Pages: 261

ISBN-13: 1610274083

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LAW, SOCIETY, AND INDUSTRIAL JUSTICE is a foundational study of workplace justice, still engaging and referenced a half-century after its original publication. The 50th Anniversary Edition adds an extensive, substantive Foreword by Berkeley’s Lauren Edelman. She writes that the book “remains important for how it conceptualizes law, for how it conceptualizes organizations, and for the theory Selznick offers regarding the moral evolution of organizations as they become ‘institutions,’ or living entities infused with values.” It is “a profound book for many reasons,” as she critically examines. Norms and values still matter in organizational governance — even in what amounts to “private government” — as this classic work reminds us. “Selznick’s classic text invites the reader to understand the interplay of formal and informal structures that produce new organizational norms, which, at their best, would replace workplace arbitrariness with due process protections like those embodied in the Rule of Law. It is not just an extraordinary contribution to the fields of sociology and jurisprudence, it is the theoretically foundational precursor to entire subfields in sociology and law.” — Laura Beth Nielsen, Chair, Department of Sociology, Northwestern University; Research Professor, ABF “Philip Selznick laid the foundation for one of law and society’s most vibrant areas of inquiry: law and organizations. Although this book has often been underappreciated, its 50th anniversary is a good opportunity to reassess its significance. Indeed, the current #MeToo movement lends more urgency to Selznick’s highly relevant ideas about conceptualizing organizations as legal orders, the importance of changing norms and values, the role of law within organizations, and organizations’ influence on the law.” — Ashley T. Rubin, Sociology, University of Hawai‘i at Manoa “Selznick’s study is undoubtedly the most erudite and imaginative example of the natural-law approach to appear. ... It is a very fine, even extraordinary piece of legal scholarship. It displays much craftsmanship, depth of learning, and creativity. It is elegant in style and graceful in presentation. Every legal sociologist should read it.” — Donald J. Black, American Journal of Sociology “A contribution, brilliant and substantial, to the literature on private government.” — Winston M. Fisk, American Political Science Review “Very enlightening and reminiscent of a good lecturer able to pull all the strings together chapter by chapter. ... The volume can be recommended to all students of law, industrial organization, and industrial relations.” — Industrial and Labor Relations Review

Law/Society

Law/Society PDF

Author: John Sutton

Publisher: Pine Forge Press

Published: 2001

Total Pages: 324

ISBN-13: 9780761987055

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A core text for the Law and Society or Sociology of Law course offered in Sociology, Criminal Justice, Political Science, and Schools of Law. * John Sutton offers an explicitly analytical perspective to the subject - how does law change? What makes law more or less effective in solving social problems? What do lawyers do? * Chapter 1 contrasts normative and sociological perspectives on law, and presents a brief primer on the logic of research and inference as it is applied to law related issues. * Theories of legal change are discussed within a common conceptual framework that highlights the explantory strengths and weaknesses of different arguments. * Discussions of "law in action" are explicitly comparative, applying a consistent model to explain the variable outcomes of civil rights legislation. * Many concrete, in-depth examples throughout the chapters.