Law as Culture

Law as Culture

Throughout the book, the reader is invited to approach law afresh, as a realm that is integral to every culture and as a window into the nature of culture itself.

Author: Lawrence Rosen

Publisher: Princeton University Press

ISBN: 9781400887583

Category: Law

Page: 232

View: 366

Law is integral to culture, and culture to law. Often considered a distinctive domain with strange rules and stranger language, law is actually part of a culture's way of expressing its sense of the order of things. In Law as Culture, Lawrence Rosen invites readers to consider how the facts that are adduced in a legal forum connect to the ways in which facts are constructed in other areas of everyday life, how the processes of legal decision-making partake of the logic by which the culture as a whole is put together, and how courts, mediators, or social pressures fashion a sense of the world as consistent with common sense and social identity. While the book explores issues comparatively, in each instance it relates them to contemporary Western experience. The development of the jury and Continental legal proceedings thus becomes a story of the development of Western ideas of the person and time; African mediation techniques become tests for the style and success of similar efforts in America and Europe; the assertion that one's culture should be considered as an excuse for a crime becomes a challenge to the relation of cultural norms and cultural diversity. Throughout the book, the reader is invited to approach law afresh, as a realm that is integral to every culture and as a window into the nature of culture itself.
Categories: Law

Legal Culture in the United States An Introduction

Legal Culture in the United States  An Introduction

One may also speak of a culture of legal comparison, as well. See e.g. Maurice Adams and Dirk Heirbaut, The Method and Culture of Comparative Law: Essays in Honour of Mark Van Hoecke. ... Lawrence Rosen, Law as Culture: An Invitation.

Author: Kirk Junker

Publisher: Routledge

ISBN: 9781317245544

Category: Law

Page: 222

View: 647

For law students and lawyers to successfully understand and practice law in the U.S., recognition of the wider context and culture which informs the law is essential. Simply learning the legal rules and procedures in isolation is not enough without an appreciation of the culture that produced them. This book provides the reader with an understandable introduction to the ways in which U.S. law reflects its culture and each chapter begins with questions to guide the reader, and concludes with questions for review, challenge and further understanding. Kirk W. Junker explores cultural differences, employing history, social theory, philosophy, and language as "reference frames," which are then applied to the rules and procedures of the U.S. legal system in the book’s final chapter. Through these cultural reference frames readers are provided with a set of interpretive tools to inform their understanding of the substance and institutions of the law. With a deeper understanding of this cultural context, international students will be empowered to more quickly adapt to their studies; more comprehensively understand the role of the attorney in the U.S. system; draw comparisons with their own domestic legal systems, and ultimately become more successful in their legal careers both in the U.S. and abroad.
Categories: Law

Culture in the Domains of Law

Culture in the Domains of Law

This third normative site directs us to consider one further aspect of the encounter of culture and law: the ... 51 Lawrence Rosen, Law as Culture: An Invitation (Princeton University centaur jurisprudence: culture before the law 17.

Author: René Provost

Publisher: Cambridge University Press

ISBN: 9781316737972

Category: Law

Page:

View: 338

What does it mean for courts and other legal institutions to be culturally sensitive? What are the institutional implications and consequences of such an aspiration? To what extent is legal discourse capable of accommodating multiple cultural narratives without losing its claim to normative specificity? And how are we to understand meetings of law and culture in the context of formal and informal legal processes, when demands are made to accommodate cultural difference? The encounter of law and culture is a polycentric relation, but these questions draw our attention to law and legal institutions as one site of encounter warranting further investigation, to map out the place of culture in the domains of law by relying on the insights of law, anthropology, politics, and philosophy. Culture in the Domains of Law seeks to examine and answer these questions, resulting in a richer outlook on both law and culture.
Categories: Law

A New Introduction to Comparative Law

A New Introduction to Comparative Law

for its compatibility with Islamic law'.26 An example is provided by the Constitution of Pakistan, Article 227 of which ... 27 L Rosen, Law as Culture: An Invitation (New Jersey, Princeton University Press, 2006) 6 ('law is so deeply ...

Author: Jaakko Husa

Publisher: Bloomsbury Publishing

ISBN: 9781849469517

Category: Law

Page: 272

View: 739

This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.
Categories: Law

The Oxford Handbook of Global Legal Pluralism

The Oxford Handbook of Global Legal Pluralism

Lawrence Rosen, Law as Culture: An Invitation (Princeton, NJ: Princeton University Press, 2006), 5. Merry, supra note 14, at 869–96, 889. Sally Engle Merry, “Law, Culture, and Cultural Appropriation,” Yale Journal of Law and the ...

Author: Paul Schiff Berman

Publisher: Oxford University Press

ISBN: 9780197516751

Category: Law

Page: 944

View: 194

Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.
Categories: Law

Cultural Law

Cultural Law

This is because law and culture operate in a reflexive loop, each influencing the other. ... 256, 257 (2009) (reviewing LAWRENCE ROsEN, LAW As CULTURE: AN INVITATION (2006) and OscAR G. CHAsE, LAw, CULTURE, AND RITUAL: DISPUTING SYsTEMs ...

Author: James A. R. Nafziger

Publisher: Cambridge University Press

ISBN: 9781139489324

Category: Law

Page:

View: 868

Cultural law is a new and exciting field of study and practice. The core themes of linguistic and other cultural rights, cultural heritage, traditional crafts and knowledge, the performing arts, sports, and religion are of fundamental importance to people around the world, engaging them at the grass roots and often commanding their daily attention. The related legal processes are both significant and complex. This unique collection of materials and commentary on cultural law covers a broad range of themes. Opening chapters explore critical issues involving cultural activities, artifacts, and status as well as the fundamental concepts of culture and law. Subsequent chapters examine the dynamic interplay of law and culture with respect to each of the core themes. The materials demonstrate the reality and efficacy of comparative, international, and indigenous law and legal practices in the dynamic context of culture-related issues. Throughout the book, these issues are presented at multiple levels of legal authority: international, national, and subnational.
Categories: Law

Driving Culture in Iran

Driving Culture in Iran

Law and Society on the Roads of the Islamic Republic Reza Banakar. Mustashar od-Dawleh, Y.K., One Word – Yak ... Rosen, Lawrence, Law as Culture: An Invitation (Princeton, NJ: Princeton University Press, 2006). Roudsari, Bahman Sayyar ...

Author: Reza Banakar

Publisher: Bloomsbury Publishing

ISBN: 9780857728739

Category: Social Science

Page: 304

View: 817

Iran has one of the highest rates of road traffic accidents worldwide and according to a recent UNICEF report, the current rate of road accidents in Iran is 20 times more than the world average. Using extensive interviews with a variety of Iranians from a range of backgrounds, this book explores their dangerous driving habits and the explanations for their disregard for traffic laws. It argues that Iranians' driving behaviour is an indicator of how they have historically related to each other and to their society at large, and how they have maintained a form of social order through law, culture and religion. By considering how ordinary Iranians experience the traffic problem in their cities and how they describe traffic rules, laws, authorities and the rights of other citizens, Driving Culture in Iran provides an original and valuable insight into Iranian legal, social and political culture.
Categories: Social Science

Cicero s Law

Cicero s Law

Rethinking Roman Law of the Late Republic Paul J. du Plessis. convincingly shows that those studying Roman law of this period need to take more account of manuals of rhetoric in order to form an ... Law As Culture: An invitation.

Author: Paul J. du Plessis

Publisher: Edinburgh University Press

ISBN: 9781474408837

Category: Law

Page: 256

View: 214

This volume brings together an international team of scholars to debate Cicero's role in the narrative of Roman law in the late Republic - a role that has been minimised or overlooked in previous scholarship. This reflects current research that opens a larger and more complex debate about the nature of law and of the legal profession in the last century of the Roman Republic.
Categories: Law

The Oxford Handbook of Law and Anthropology

The Oxford Handbook of Law and Anthropology

Yearbook of Islamic and Middle Eastern Law 19: 479–81. Nasrallah, F. 2018b. ... Beyond Law in Context: Developing a Sociological Understanding of Law (Collected Essays in Law), 235–54. ... Law as Culture: An Invitation.

Author: Marie-Claire Foblets

Publisher: Oxford University Press

ISBN: 9780192577016

Category: Law

Page: 952

View: 220

The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.
Categories: Law

Comparative Law as Critique

Comparative Law as Critique

As long as foreign places only look like or unlike home, as long as foreign legal cultures only appear to be un-common or uncivil, ... Rosen, Lawrence (2006) Law as Culture: An Invitation, Princeton: Princeton University Press, 6.

Author: Günter Frankenberg

Publisher: Edward Elgar Publishing

ISBN: 9781785363948

Category: Law

Page: 296

View: 175

Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Günter Frankenberg discusses not only methods and theories, but also the ethical implications and the politics of comparative law in bringing out the different dimensions of the discipline. Comparative Law as Critique offers various approaches that turn against the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also examines how courts negotiate differences between cases regarding Muslim veiling. The incisive critiques and comparisons in this book will be of essential reading for comparatists working in legal education and research, as well as students of comparative law and scholars in comparative anthropology and social sciences.
Categories: Law