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Law and Society

Edited by David Cowan, Linda Mulcahy, Sally Wheeler

Routledge – 2014 – 1,736 pages

Series: Critical Concepts in Law

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    978-0-415-68691-4
    December 9th 2013

Description

The thriving and well-established field of Law and Society (also referred to as Sociolegal Studies) has diverse methodological influences; it draws on social-scientific and arts-based methods. The approach of scholars researching and teaching in the field often crosses disciplinary borders, but, broadly speaking, Law and Society scholarship goes behind formalism to investigate how and why law operates, or does not operate as intended, in society. By exploring law’s connections with broader social and political forces—both domestic and international—scholars gain valuable perspectives on ideology, culture, identity, and social life. Law and Society scholarship considers both the law in contexts, as well as contexts in law.

Law and Society flourishes today, perhaps as never before. Academic thinkers toil both on the mundane and the local, as well as the global, making major advances in the ways in which we think both about law and society. Especially over the last four decades, scholarly output has rapidly burgeoned, and this new title from Routledge’s acclaimed Critical Concepts in Law series answers the need for an authoritative reference collection to help users make sense of the daunting quantity of serious research and thinking.

Edited by the leading scholars in the field, Law and Society brings together in four volumes the vital classic and contemporary contributions. Volume I is dedicated to historical antecedents and precursors. The second volume covers methodologies and crucial themes. The third volume assembles key works on legal processes and professional groups, while the final volume of the collection focuses on substantive areas. Together, the volumes provide a one-stop ‘mini library’ enabling all interested researchers, teachers, and students to explore the origins of this thriving subdiscipline, and to gain a thorough understanding of where it is today.

Contents

Volume I: Historical development

Part 1: Foundations (and Critique)

1. Roscoe Pound, ‘Law in Books and Law in Action’, American Law Review, 1910, 44, 12–36.

2. Takeyoshi Kawashima, ‘Dispute Resolution in Contemporary Japan’, in Arthur Taylor von Mehren (ed.), Law in Japan: The Legal Order in a Changing Society (Harvard University Press, 1963), pp. 41–59.

3. Elizabeth Mensch, ‘The History of Mainstream Legal Thought’, in David Kairys (ed.), The Politics of Law (Pantheon Books, 1990), pp. 18–20.

4. A. Sarat and S. Silbey, ‘The Pull of the Policy Audience’, Law and Policy, 1988, 10, 2–3, 97–166.

5. D. Trubek and J. Essner, ‘"Critical Empiricism" in American Legal Studies: Paradox, Program or Pandora’s Box’, Law and Social Inquiry, 1989, 14, 3–52.

6. A. Sarat, ‘Off to Meet the Wizard: Beyond Validity and Reliability in the Search for a Post-Empiricist Sociology of Law’, Law & Social Inquiry, 1990, 15, 1, 155–70.

7. R. Cotterell, ‘Why Must Legal Rules be Interpreted Sociologically?’, Journal of Law and Society, 1998, 25, 2, 171–92.

8. D. Nelken, ‘Blinding Insights? The Limits of a Reflexive Sociology of Law’, Journal of Law and Society, 1998, 25, 3, 407–26.

9. P. Carlen, ‘Remedial Routines for the Maintenance of Control in Magistrates Courts’, British Journal of Law and Society, 1974, 1, 2, 101–17.

Part 2: Directions of Travel: Law and …

10. Bridget Hutter and Sally Lloyd-Bostock, ‘Law’s Relationship with Social Science: The Interdependence of Theory, Empirical Work and Social Relevance in Socio-Legal Studies’, in Keith Hawkins (ed.), The Human Face of Law: Essays in Honour of Donald Harris (OUP, 1997), pp. 19–45.

11. J. Balkin and S. Levinson, ‘Law and the Humanities: An Uneasy Relationship’, Yale Journal of Law and the Humanities, 2006, 18, 105–15.

12. Douglas W. Vick, ‘Interdisciplinarity and the Discipline of Law’, Journal of Law and Society, 2004, 31, 2, 163–93.

13. L. B. Edelman, ‘Rivers of Law and Contested Terrain: A Law and Society Approach to Economic Rationality’, Law & Society Review, 2004, 38, 181–98.

14. D. Delaney, R. Ford, and N. Blomley, ‘Where is Law?’, in N. Blomley, D. Delaney, and R. Ford (eds.), The Legal Geographies Reader (Blackwell, 2001), pp. xiii–xxii.

15. N. Rose and M. Valverde, ‘Governed by Law?’, Social and Legal Studies, 1998, 7, 4, 541–51.

16. A Riles, ‘A New Agenda for the Cultural Study of Law: Taking on the Technicalities’, Buffalo Law Review, 2005–6, 63, 4, 973–1033.

17. Bruno Latour, ‘How to Resume the Task of Tracing Associations’, Reassembling the Social: An Introduction to Actor-Network-Theory (OUP, 2005), pp. 1–17.

Volume II: Methodologies and themes

Part 3: Themes

18. William J. Chambliss, ‘Sociological Analysis of the Law of Vagrancy’, Social Problems, 1964, 12, 1, 67–77.

19. Richard Lempert, ‘A Classic at 25: Reflections on Galanter’s "Haves" Article and Work it Has Inspired’, Law & Society Review, 1999, 33, 4, 1099–112.

20. William L. F. Felstiner, Richard L. Abel, and Austin Sarat, ‘The Emergence and Transformation of Disputes: Naming, Blaming, Claiming …’, Law & Society Review, 1980–1, 15, 3/4, 631–54.

21. D. McBarnet, ‘Conclusion and Implications’, Conviction (Macmillan, 1981), pp. 154–68.

22. A. Sarat, ‘"The Law is All Over": Power, Resistance, and the Legal Consciousness of the Welfare Poor’, Yale Journal of Law and the Humanities, 1990, 2, 343–80.

23. B. Morgan, ‘The Economization of Politics: Meta Regulation as a Form of Nonjudicial Legality’, Social and Legal Studies, 2003, 12, 4, 489–524.

24. C. Shearing and P. Stenning, ‘From the Panopticon to Disneyworld: The Development of Discipline’, in A. Doob and E. Greenspan (eds.), Perspectives in Criminal Law (Canada Law Book Inc., 1984), pp. 335–49.

25. P. J. May, ‘Performance-Based Regulation and Regulatory Regimes: The Saga of Leaky Buildings’, Law & Policy, 2003, 25, 381–401.

26. Antonia Layard, ‘Shopping in the Public Realm: A Law of Place’, Journal of Law and Society, 2010, 37, 3, 412–41.

27. P. Ewick and S. Silbey, ‘The Common Place of Law’, The Common Place of Law: Stories from Everyday Life (University of Chicago Press, 1998), pp. 15–32.

28. P. Ewick and S. Silbey, ‘The Social Construction of Legality’, The Common Place of Law: Stories from Everyday Life (University of Chicago Press, 1998), pp. 33–53.

Part 4: Methodological Perspectives

29. B. De Sousa Santos, ‘Law: A Map of Misreading: Toward a Postmodern Conception of Law’, Journal of Law and Society, 1977, 14, 3, 279–302.

30. Robert Dingwall, ‘Atrocity Stories and Professional Relationships’, Work and Occupations, 1977, 4, 4, 371–96.

31. Elizabeth Adjin-Tettey, Gillian Calder, Angela Cameron, Maneesha Deckha, Rebecca Johnson, Hester Lessard, Maureen Maloney, and Margot Young, ‘Postcard from the Edge (of Empire)’, Social & Legal Studies, 2008, 17, 1, 5–38.

32. R. Lempert, ‘Discretion in a Behavioural Perspective: The Case of a Public Housing Eviction Board’, in K. Hawkins (ed.), The Uses of Discretion (OUP, 1990), pp. 185–230.

33. Douglas W. Vick and Kevin Campbell, ‘Public Protests, Private Lawsuits, and the Market: The Investor Response to the McLibel Case’, Journal of Law and Society, 2001, 28, 2, 204–41.

34. Mariana Valverde, ‘Jurisdiction and Scale: Legal "Technicalities" as Resources for Theory’, Social and Legal Studies, 2009, 18, 2, 139–57.

Volume III: Legal Processes and Professional Groups within the Legal Field

Part 5: Street-Level Bureaucracy and Administrative Justice

35. M. Bouvens and Stavros Zouridis, ‘From Street-Level to System-Level Bureaucracies: How Information and Communication Technology is Transforming Administrative Discretion and Constitutional Control’, Public Administration Review, 2002, 62, 2, 174–84.

36. T. Evans and J. Harris, ‘Street Level Bureaucracy, Social Work and the (Exaggerated) Death of Discretion’, British Journal of Social Work, 2004, 34, 6, 871–95.

37. Mike Adler and Stuart Asquith, ‘Discretion and Power’, Discretion and Welfare (Heinemann Education, 1981), pp. 9–32.

Part 6: Courts and Trials (including ICC)

38. P. Carlen, ‘Remedial Routines for the Maintenance of Control in Magistrates’ Courts’, British Journal of Law and Society, 1974, 1, 2, 101–17.

39. A. Duff, L. Farmer, S. Marshall, and V. Tadros, ‘Communicative Participation’, The Trial on Trial, Vol. III (Hart Publishing, 2007).

40. David Luban, ‘Settlements and the Erosion of the Public Realm’, Georgetown Law Journal, 1994–5, 83, 2619.

Part 7: Disputes and Alternative Dispute Resolution

41. D. Greatbach and R. Dingwall, ‘Selective Facilitation: Some Preliminary Observations on a Strategy Used by Divorce Mediators’, Law and Society Review, 1989, 23, 4, 613–41.

42. L. Mulcahy, ‘The Possibilities and Desirability of Mediator Neutrality: Towards an Ethic of Partiality’, Social and Legal Studies, 2002, 10, 4.

43. Simon Roberts, ‘"Listing Concentrates the Mind": The English Civil Court as an Arena for Structured Negotiation’, Oxford Journal of Legal Studies, 2009, 29, 3, 457–79.

Part 8: Lawyers Work Including Legal Ethics

44. J. Morison and P. Leith, The Barrister’s World and the Nature of Law (Open University Press, 1992) (extract).

45. W. Felstiner and A. Sarat, ‘Negotiation Between Lawyers and Client in an American Divorce’, in Dingwall and Eekelaar (eds.), Divorce Mediation and the Legal Process (Clarendon Press, 1988).

46. J. Grossman, The Art of Alibi: English Law Courts and the Novel (Johns Hopkins University Press, 2002).

Part 9: Judges and Magistrates

47. S. Roach Anleu and K. Mack, ‘Magistrates’ Everyday Work and Emotional Labour’, Journal of Law and Society, 2005, 32, 4, 590–614.

48. Regina Graycar, ‘The Gender of Judgments’, in Margaret Thornton (ed.), Public and Private: Feminist Legal Debates (OUP, 1995).

49. Yves Dezalay and Bryant Garth, ‘Merchants of Law as Moral Entrepreneurs: Constructing International Justice from the Competition for Transnational Business Disputes’, Law & Society Review, 1995, 29, 27.

Volume IV: substantive areas

Part 10: Medicine and Technology

50. R. Lee and D. Morgan, ‘Regulating Risk Society: Stigmata Cases, Scientific Citizenship and Biomedical Diplomacy’, Sydney Law Review, 2001, 23, 297–318.

51. Laura Williamson, Marie Fox, and Sheila McLean, ‘The Regulation of Xenotransplantation in the United Kingdom after UKXIRA: Legal and Ethical Issues’, Journal of Law and Society, 2007, 34, 4, 441–64.

52. Bita Amani and Rosemary Coombe, ‘The Human Genome Diversity Project: The Politics of Patents at the Intersection of Race, Religion, and Research Ethics’, Law & Policy, 2005, 27, 1, 152–88.

Part 11: Obligations and Property

53. S. Lloyd-Bostock, ‘Fault and Liability for Accidents: The Accident Victim’s Perspective’, Compensation and Support for Illness and Injury (OUP, 1984), pp. 139–62.

54. D. Campbell and D. Harris, ‘Flexibility in Long-Term Contractual Relationships: The Role of Co-operation’, Journal of Law and Society, 1993, 20, 2, 166–91.

55. D. Cowan, C. Hunter, and H. Pawson, ‘Jurisdiction and Scale: Rent Arrears, Housing Associations and Human Rights’, Journal of Law and Society, 2012, 39, 269–95.

Part 12: Families

56. J. Goldberg-Hiller, ‘The Status of Status: Domestic Partnership and the Politics of Same-Sex Marriage’, Studies in Law, Politics and Society, 1999, 19, 3–38.

57. C. Stychin, ‘Family Friendly? Rights, Responsibility and Relationship "Recognition"’, in A. Diduck and K. O’Donovan, Feminist Perspectives on Family Law (Routledge, 2006), pp. 21–39.

58. N. Rose, ‘Beyond the Public/Private Division: Law, Power and the Family’, Journal of Law and Society, 1987, 14, 1, 61–76.

Part 13: Corporate Activity

59. S. Wheeler, ‘Towards a New Capitalism’, Corporations and the Third Way (Hart Publishing, 2002), pp. 9–58.

60. D. McBarnet and C. Whelan, ‘The Elusive Spirit of the Law: Formalism and the Struggle for Legal Control’, Modern Law Review, 1991, 54, 6, 848–73.

61. A. Riles, ‘From Design to Technique in Global Financial Governance’, Collateral Knowledge: Legal Reasoning in the Global Financial Markets (University of Chicago Press, 2011), pp. 223–47.

Part 14: Regulation, Environment, and Natural Resource Management

62. B. Morgan, ‘Rights and Regulation as a Framework for Exploring Reverse Legal Transfers: Hegemony and Counter-Hegemony in the Bolivian Water Sector’, in J. Gillespie and P. Nicholson (eds.), Law and Development and the Global Discourses of Legal Transfer (Cambridge University Press, 2012), pp. 82–119.

63. N. Blomley, ‘How to Turn a Beggar into a Bus Stop: Law, Traffic and the "Function of the Place"’, Urban Studies, 2007, 44, 1697–712.

64. E. Fisher, B. Lange, E. Scotford, and C. Carlarne, ‘Maturity and Methodology: Starting a Debate about Environmental Law Scholarship’, Journal of Environmental Law, 2009, 21, 2), 213–50.

Author Bio

David Cowan, University of Bristol; Linda Mulcahy, London School of Economics; and Sally Wheeler, Queen’s University, Belfast

Name: Law and Society (Hardback)Routledge 
Description: Edited by David Cowan, Linda Mulcahy, Sally Wheeler. The thriving and well-established field of Law and Society (also referred to as Sociolegal Studies) has diverse methodological influences; it draws on social-scientific and arts-based methods. The approach of scholars researching and teaching in the...
Categories: Socio-Legal Studies, Criminology and Criminal Justice