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Book
x, 315 pages ; 25 cm
  • A very short prologue
  • Introduction
  • Getting out the message
  • An anatomy of compliance
  • A typology of responses
  • Rewards and punishments : the punishment side
  • Rewards and punishments : incentives and the civil side
  • The pressure of peers
  • The inner voice
  • Factors in harmony; factors in battle
  • A concluding word.
Laws and regulations are ubiquitous, touching on many aspects of individual and corporate behavior. But under what conditions are laws and rules actually effective? A huge amount of recent work in political science, sociology, economics, criminology, law, and psychology, among other disciplines, deals with this question. But these fields rarely inform one another, leaving the state of research disjointed and disorganized. Lawrence M. Friedman finds order in this cacophony. Impact gathers recent findings into one overarching analysis and lays the groundwork for a cohesive body of work in what Friedman labels impact studies. The first important factor that has a bearing on impact is communication. A rule or law has no effect if it never reaches its intended audience. The public s fund of legal knowledge, the clarity of the law, and the presence of information brokers all influence the flow of information from lawmakers to citizens. After a law is communicated, subjects sometimes comply, sometimes resist, and sometimes adjust or evade. Three clusters of motives help shape which reaction will prevail: first, rewards and punishments; second, peer group influences; and third, issues of conscience, legitimacy, and morality. When all of these factors move in the same direction, law can have a powerful impact; when they conflict, the outcome is sometimes unpredictable.".
(source: Nielsen Book Data)9780674971059 20161003
Law Library (Crown)
LAW-8011-01, LAW-8011-01
Book
x, 322 pages ; 26 cm
  • The internal control of a bureaucratic judiciary : the case of Japan / Masaki Abe
  • Mutual bonds : media frames and the Israeli High Court of Justice / Bryna Bogoch and Yifat Holzman-Gazit
  • Law, lawyers, and legal practice in Silicon Valley : a preliminary report / Lawrence M. Friedman, Robert W. Gordon, Sophie Pirie, and Edwin Whatley
  • Advocating democracy : the role of lawyers in Taiwan's political transformation / Jane Kaufman Winn and Tang-chi Yeh
  • Legal education in late twentieth-century Latin America / Rogelio Pérez-Perdomo
  • Harsh justice : criminal punishment and the widening divide between America and Europe / James Q. Whitman
  • The benevolent paternalism of Japanese criminal justice / Daniel H. Foote
  • Plea-bargaining and plea negotiation in England / John Baldwin and Michael McConville
  • The tuna court : law and norms in the world's premier fish market / Eric A. Feldman
  • The legal cultures of Europe / James L. Gibson and Gregory A. Caldeira
  • Between law and culture : Rwanda's gacaca and postcolonial legality / Ariel Meyerstein
  • Legal cultures in the (un)rule of law : indigenous rights and juridification in Guatemala / Rachel Sieder
  • The transformation of constitutional discourse and the judicialization of politics in Latin America / Javier Couso
  • Commercial relations, contract, and litigation in Denmark : a discussion of Macaulay's theories / Britt-Mari Blegvad
  • Creating people's justice : street committees and people's courts in a South African City / Sandra Burman and Wilfried Scharf
  • All in the family : the influence of social networks on dispute processing (a case study of a developing economy) / Manuel A. Gómez
  • Bargaining in the shadow of the community : neighborly dispute resolution in Beijing hutongs / Haini Guo and Bradley Klein
  • The inquisitor strikes back : obstacles to the reform of criminal procedure in revolutionary Venezuela / Carmen Alguíndigue and Rogelio Pérez-Perdomo
  • Judicial reform in Mexico : what next? / Héctor Fix-Fierro
  • Business litigation in the transition : a portrait of debt collection in Russia / Kathryn Hendley
  • Mother or father : who received custody? : the best interest of the child standard and judges' custody decisions in Taiwan / Hung-En Liu
  • The sky is high and the emperor is far away : the enforcement of intellectual property law in China / Ling Li
  • Immigration, law, and marginalization in a global economy : notes from Spain / Kitty Calavita
  • Law, lawyers, and social capital : rule of law versus relational capitalism / Yves Dezalay and Bryant Garth
  • Globalization and the decline of legal consciousness : torts, ghosts, and karma in Thailand / David Engel
  • From Cold War instrument to supreme european court : the European Court of Human Rights at the crossroad of international and national law and politics / Mikael Rask Madsen
  • Erewhon : the coming global legal order / Lawrence M. Friedman.
This law and society reader taps a rich and diverse literature to compare and contrast the legal experience of many different cultures and nations. Drawing on a variety of methodological approaches, the selections allow students to evaluate whether there are general patterns that explain how legal systems work (or fail to work) and how these patterns relate to the structural and cultural facts of society. Every country, of course, has its own legal system, and no two systems are the same. But in teaching law and society, texts have focused nearly exclusively on American readings to the neglect of comparative and international work. This reader fills an obvious gap. It recognizes that law is increasingly global and cross-national, and shows how law relates to society in different times and places, the world over.
(source: Nielsen Book Data)9780804763745 20160603
Law Library (Crown)
LAW-697-01, LAW-8011-01, LAW-8011-01
Book
xii, 324 pages ; 24 cm
  • 1. Introduction: what good are lawyers? Scott L. Cummings-- Part I. Lawyers and the Public Good: The Fundamental Dilemma: 2. Are lawyers friends of democracy? Robert W. Gordon-- 3. 'The conscience of society?': the legal complex, religion, and the fates of political liberalism Terence C. Halliday-- 4. More lawyers than people: the global multiplication of legal professionals Marc Galanter-- 5. Faces of the tort pyramid: compensation, regulation, and the profession John T. Nockleby-- Part II. Lawyers and Their Clients: Determinants of Ethical Practice: 6. How and why do lawyers misbehave? Lawyers, discipline, and collegial control Lynn Mather-- 7. Aspects of professionalism: constructing the lawyer-client relationship Philip Lewis-- 8. Professional regulation and public service: an unfinished agenda Deborah L. Rhode-- 9. An innovative approach to legal education and the founding of the University of California, Irvine School of Law Carrie Hempel and Carroll Seron-- Part III. Lawyers and Social Change: Mobilizing Law for Justice: 10. Without fear, favor, or prejudice: judicial independence and the transformation of the judiciary in South Africa Penelope Andrews-- 11. Lawyers in national policymaking Ann Southworth, Anthony Paik, and John P. Heinz-- 12. Cause lawyers and other signs of progress: three Thai narratives Frank Munger-- 13. African youth mobilize against garbage: economic and social rights advocacy and the practice of democracy Lucie E. White-- 14. Epilogue: just law? Richard L. Abel.
  • (source: Nielsen Book Data)9780521192682 20160603
This book is about the role of lawyers in constructing a just society. Its central objective is to provide a deeper understanding of the relationship between lawyers' commercial aims and public aspirations. Drawing on interdisciplinary and comparative perspectives, it explores whether lawyers can transcend self-interest to meaningfully contribute to systems of political accountability, ethical advocacy and distributional fairness. Its contributors, some of the world's leading scholars of the legal profession, offer evidence that although justice is possible, it is never complete. Ultimately, how much - and what type of - justice prevails depends on how lawyers respond to, and reshape, the political and economic conditions in which they practise. As the essays demonstrate, the possibility of justice is diminished as lawyers pursue self-regulation in the service of power; it is enhanced when lawyers mobilize - in the political arena, workplace and law school - to contest it.
(source: Nielsen Book Data)9780521192682 20160603
Law Library (Crown)
LAW-8011-01, LAW-8011-01
Book
xii, 287 p. : ill. ; 24 cm.
  • pt.1. Introduction: 1. Cultures of legality: judicialization and political activism in contemporary Latin America / Alexandra Huneeus, Javier Couso, and Rachel Sieder
  • pt. 2. Courts and judicialization through a cultural lens: 2. Legal language and social change during Colombia's economic crisis / Pablo Rueda
  • 3. How courts work: culture, institutions, and the Brazilian Supremo tribunal federal / Diana Kapiszewski
  • 4. More power, more rights? the Supreme Court and society in Mexico / Karina Ansolabehere
  • 5. High courts and the Inter-American Court: judicialization, human rights and a tenuous relationship / Alexandra Huneeus
  • pt.3. Judicialization beyond the courts: 6. The transformation of constitutional discourse and the judicialization of politics in Latin America / Javier Couso
  • 7. Legal cultures in the (un)rule of law: indigenous rights and juridification in post-conflict Guatemala / Rachel Sieder
  • 8. Political activism and the practice of law in Venezuela / Manuel A. Gomez
  • 9. The Mapuche people's battle for land: litigation as a strategy to defend indigenous land rights / Anne Skj'vestad
  • 10. Judicialization in Argentina: legal culture, or opportunities and support structures? / Catalina Smulovitz
  • 11. Novel appropriations of the law in the pursuit of political and social change in Latin America / Pilar Domingo.
Ideas about law are undergoing dramatic change in Latin America. The consolidation of democracy as the predominant form of government and the proliferation of transnational legal instruments have ushered in an era of new legal conceptions and practices. Law has become a core focus of political movements and policy-making. This volume explores the changing legal ideas and practices that accompany, cause, and are a consequence of the judicialization of politics in Latin America. It is the product of a three-year international research effort, sponsored by the Law and Society Association, the Latin American Studies Association, and the Ford Foundation, that gathered leading and emerging scholars of Latin American courts from across disciplines and across continents.
(source: Nielsen Book Data)9780521767231 20160528
Law Library (Crown)
LAW-8011-01, LAW-8011-01
Book
lv, 1042 : ill. ; 26 cm.
  • Introduction
  • The legal system at work : what we know and how we know it
  • The impact of society on law
  • The impact of law on society
  • The legal system as a social structure : structure, rules and roles
  • Law, culture, and history.
Law Library (Crown)
LAW-538-01, LAW-8011-01, LAW-8011-01
Book
ix, 211 p. : ill. ; 25 cm.
  • Background of the court from its creation to its enlargement
  • Administration of justice
  • Attitudes and dynamics amongst the judges
  • Testing the legal culture of the court.
While the supervision of the European Court of Human Rights constantly grows in importance, little is known about the people, especially the judges, inside the Court. To what extend are human rights sensitive to different traditions and is their work burdened through the plurality of legal, historical-political or vocational experiences among the judges? Looking at the first three years of permanent operation of the Court, this book suggests that it is the legal culture that brings the judges together. Based on interviews, field study observations and an analysis of case law, this book takes a novel approach on European human rights law and provides researchers and practitioners with a important basis for a full understanding of the Strasbourg case law.
(source: Nielsen Book Data)9789004160675 20160605
Law Library (Crown)
LAW-8011-01, LAW-8011-01
Book
xiii, 435 p. ; 24 cm.
An intensive global search is on for "the rule of law", the holy grail of good governance, which has led to a dramatic increase in judicial reform activities in developing countries. This work examines the standard methods of legal and judicial reform.
(source: Nielsen Book Data)9780804748025 20160528
Law Library (Crown)
LAW-5017-01, LAW-5103-01, LAW-5103-02, LAW-8011-01, LAW-8011-01
Book
viii, 311 p., [10] p. of plates : ill. ; 25 cm.
  • Degradation, harshness and mercy
  • Contemporary American harshness : rejecting respect for persons
  • Continental dignity and mildness
  • The continental abolition of degradation
  • Low status in the Anglo-American world.
Why is American punishment so cruel? While in continental Europe great efforts are made to guarantee that prisoners are treated humanely, in America sentences have gotten longer and rehabilitation programs have fallen by the wayside. Western Europe attempts to prepare its criminals for life after prison, whereas many American prisons today leave their inhabitants reduced and debased. In the last quarter of a century, Europe has worked to ensure that the baser human inclination toward vengeance is not reflected by state policy, yet America has shown a systemic drive toward ever increasing levels of harshness in its criminal policies. Why is America so short on mercy? In this deeply researched, comparative work, James Q. Whitman reaches back to the 17th and 18th centuries to trace how and why American and European practices came to diverge. Eschewing the usual historical imprisonment narratives, Whitman focuses instead on intriguing differences in the development of punishment in the age of Western democracy. European traditions of social hierarchy and state power, so consciously rejected by the American colonies, nevertheless supported a more merciful and dignified treatment of offenders. The hierarchical class system on the continent kept alive a tradition of less-degrading "high-status" punishments that eventually became applied across the board in Europe. The distinctly American, draconian regime, on the other hand, grows, Whitman argues, out of America's longstanding distrust of state power and its peculiar, broad-brush sense of egalitarianism. Low-status punishments were evenly meted out to all offenders, regardless of class or standing. America's unrelentingly harsh treatment of trangressors-this "equal opportunity degradation"- is, in a very real sense, the dark side of the nation's much vaunted individualism. A sobering look at the growing rift between the United States and Europe, Harsh Justice exposes the deep cultural roots of America's degrading punishment practices.
(source: Nielsen Book Data)9780195155259 20160528
Law Library (Crown)
LAW-8011-01, LAW-8011-01
Book
xviii, 528 p. : ill. ; 24 cm.
  • Latin legal cultures in the age of globalization, Rogelio Perez-Perdomo and Lawrence Friedman-- Argentina - the effects of democratic institutionalization, Maria Ines Bergoglio-- Brazil - the road of conflict bound for total justice, Eliane Botelho Junqueria-- Law and legal culture in Chile (1974-1999), Edmundo Fuenzalida Faivovich-- Justice and society in Colombia - a sociolegal analysis of Colombian courts, Rodrigo Uprimny, Cesar Rodriguez, and Mauricio Garcia-Villegas-- The rise of lawyers in France, Anne Boigeol-- The Italian legal system 1945-1999, Sabino Cassese-- Italian styles - criminal justice and the rise of an active magistracy, David S. Clark-- "Faraway, so close!" - the rule of law and legal change in Mexico (1970-2000), Sergio Lopez-Ayllon and Hector Fix-Fierro-- Citizens running to the courts - the legal system in Puerto Rico and the modernization process, Blanca G. Silvestrini-- The organization, functioning, and evaluation of the Spanish judicial system (1975-2000) - a case-study in legal culture, Jose Juan Toharia-- Venezuela 1958-1999 - the legal system in an impaired democracy, Rogelio Perez-Perdomo-- Patterns of foreign legal investment and state transformation in Latin America, Yves Dezalay and Bryant Garth-- Slade - a memoir, John Henry Merryman.
  • (source: Nielsen Book Data)9780804746991 20160528
Looking at changes in the last quarter of the 20th century, this book is a collection of essays that examine the legal systems of key countries in Latin America and Mediterranean Europe. It provides data on the courts and the legal profession in these countries, as well as social background.
(source: Nielsen Book Data)9780804746991 20160528
Law Library (Crown)
LAW-5017-01, LAW-697-01, LAW-8011-01, LAW-8011-01
Book
363 p. ; 22 cm.
Law Library (Crown)
LAW-8011-01, LAW-8011-01