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This is the first volume in a new series of European Yearbooks in Law and Sociology. As the Editorial Board we have considerable pleasure in being able to inaugurate this series, and to do so with a collection of articles from such distinguished contributors. For a number of years the need for a regular outlet for European work in law and sociology has been appreciated, and many individuals have co-operated in laying the foundations for this series. The we are preparatory work that was done has been most valuable. Equally delighted that the series is launched with the encouragement and backing of both the Research Committee on Sociology of Law of the International Sociological Association and the Institute of Sociology of Law for Europe. Indeed the current activities of the Research Committee and the recent establishment of the Institute, together with this series of Yearbooks, permit optimism that work in this field in Europe will progress and develop as never before. Whether this will happen does depend however, quite simply, on the nature of the research and writing that follows and the quality of work accomplished.
The Sociology of Law highlights the major concerns of legal sociologists and provides the reader with an overview of the diversity of the field and the theoretical approaches within it. As such, it provides a useful introduction for students to the sociology of law. The first part of the book explores the theoretical paradigms in the sociology of law: the application and development of the ideas of the 'classical' theorists, and discussion of behaviourist theories as well as Marxian and critical legal studies. The second and third parts of the book examine two areas which have provided the core of the sociological study of law: the legal profession and the courts. The fourth part examines the study of policing, social control and the sociology of criminal law. It seeks to evaluate the nature of various sociological theories which have been developed in the context of policing and criminal law research. Finally, law-making and social change are examined, in particular the framing of law, the implementation of law, regulation, knowledge and opinion about law, and legal change.
The right to a jury trial is a fundamental feature of the American justice system. In recent years, however, aspects of the civil jury system have increasingly come under attack. Many question the ability of lay jurors to decide complex scientific and technical questions that often arise in civil suits. Others debate the high and rising costs of litigation, the staggering delay in resolving disputes, and the quality of justice. Federal and state courts, crowded with growing numbers of criminal cases, complain about handling difficult civil matters. As a result, the jury trial is effectively being challenged as a means for resolving disputes in America. Juries have been reduced in size, their selection procedures altered, and the unanimity requirement suspended. For many this development is viewed as necessary. For others, it arouses deep concern. In this book, a distinguished group of scholars, attorneys, and judges examine the civil jury system and discuss whether certain features should be modified or reformed. The book features papers presented at a conference cosponsored by the Brookings Institution and the Litigation Section of the American Bar Association, together with an introductory chapter by Robert E. Litan. While the authors present competing views of the objectives of the civil jury system, all agree that the jury still has and will continue to have an important role in the American system of civil justice. The book begins with a brief history of the jury system and explains how juries have become increasingly responsible for decisions of great difficulty. Contributors then provide an overview of the system's objectives and discuss whether, and to what extent, actual practice meets those objectives. They summarize how juries function and what attitudes lawyers, judges, litigants, former jurors, and the public at large hold about the current system. The second half of the book is devoted to a wide range of recommendations that w
Originally published in 1981 Law, State and Society confronts many of the most important issues within the developing field of law and society. The essays cover the key political debates and the subject of the sociology of law through two key debates, the first tackling the wider theoretical and political system, while the other essays are concerned with more concrete aspects of both the political and social face of law. Together, the essays show how crucial the potential is that exists for a considerable extension and integration of work that focuses explicitly on empirical problems, yet is at the same time more conscious of the theoretical issues that underpin the effectivity of law.
The Politics of Informal Justice
The volumes in this set, originally published between 1969 and 2001, is comprised of original books published in conjunction with the British Sociological Association. The set draws together original research by leading academics based on study groups and conference papers, in the areas of youth, race, the sociology of work, gender, social research, urban studies, class, deviance and social control, law, development, and health. Each volume provides a rigorous examination of related key issues. This set will be of particular interest to students and academics in the field of sociology, health and social care, gender studies and criminology respectively.
The contributions in this volume pay homage to Zenon Bańkowski, with a focus on problems concerning law’s normalization and the revitalizing force of anxiety. Ranging from political critique to methodological issues and from the role of human rights in development to the role of parables and analogy in legal reasoning, the contributions themselves are testament to the richness of Bańkowski’s scholarship, as well as to the applicability of his core ideas to a wide range of issues. Divided into five parts, the book focuses on the role and methods of the jurist; conceptions of legality and the experience of living under rules; jurisprudential issues affecting exchange and the market; and the burden and methods of legal judgement. It also includes Bańkowski’s 2011 valedictory lecture and a bibliography of his work. Comprising all original contributions, the contributors represent a balance of established, leading figures and younger, emerging scholars in the field of legal and social theory.