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The legal culture and migration : structure, antecedents and consequences / Julia Shamir.



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Shamir, Julia, author. Stanford Law School graduate, J.S.D. (2012)
Publication date:
  • Book, Thesis
  • viii, 177 leaves ; 28 cm
"June 2012."
Thesis J.S.D. Stanford University 2012.
Includes bibliographical references (leaves 167-177).
The concept of legal culture has been receiving a growing attention from scholars; more recently, it has been the subject of numerous empirical investigations. However, this research is often over-generalizing, because it overemphasizes the similarity of the opinions held by different segments of population. Furthermore, the relationship of migration and the change--or persistence--of the attitudes and perceptions that constitute legal culture has not received particular attention in the scholarly literature. Drawing on 102 in-depth interviews with representatives of three segments of the Israeli population--immigrants of the early 90's from the former Soviet Union, secular Israeli Jews and members of the Israeli Diaspora in Silicon Valley, CA--this research investigates various aspects of legal culture. First, exploring four parameters of the legal culture--attitudes towards the rule of law, the subjective significance of individual liberty, perceptions of the neutrality of law, and dispute resolution preferences, including readiness to pursue rights and attitudes towards the courts--this study provides a comprehensive account of the legal cultures of these three groups. The second important finding of this research is the persistence of the attitudes and perceptions that constitute legal culture over time. It appears that although two decades elapsed since the respondents of the first group emigrated from the former Soviet Union to Israel, they still express notions and demonstrate attitudes that bring to mind the Iron Fist of the Soviet Rule. Additionally, it appears that the attitudes characteristic of the pre-immigration outlooks affects--to a certain extent--the socialization of the new generation growing up and being educated in Israel. Finally, this research calls into focus the significant disparities of the attitudes between various groups of population, leading to the conclusion that these differences warrant special consideration on the part of the policy-makers, whose ability to effectively secure desired behavior by means of regulation is linked to the attitudes of the population.
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