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In recent years there has been a significant growth in interest of the so-called “law in context” extending legal studies beyond black letter law. This book looks at the relationship between statute law and legal practice. It examines how law is applied in reality and more precisely how law is perceived by the general public in contrast to the legal profession. The authors look at a number of themes that are central to examining ways in which myths about law are formed, and how there is inevitably a constitutive power aspect to this myth making. At the same time they explore to what extent law itself creates and sustains myths. The book will be of general interest to a number of different disciplines such as legal theory, general law, criminology and sociology.
“What would it take to create a world in which fantasy is not confused for fact and public policy is based on objective reality?" asks Neil deGrasse Tyson, science popularizer and author of Astrophysics for People in a Hurry. "I don't know for sure. But a good place to start would be for everyone on earth to read this book." Maybe you know someone who swears by the reliability of psychics or who is in regular contact with angels. Or perhaps you're trying to find a nice way of dissuading someone from wasting money on a homeopathy cure. Or you met someone at a party who insisted the Holocaust never happened or that no one ever walked on the moon. How do you find a gently persuasive way of steering people away from unfounded beliefs, bogus cures, conspiracy theories, and the like? This down-to-earth, entertaining exploration of commonly held extraordinary claims will help you set the record straight. The author, a veteran journalist, has not only surveyed a vast body of literature, but has also interviewed leading scientists, explored "the most haunted house in America," frolicked in the inviting waters of the Bermuda Triangle, and even talked to a "contrite Roswell alien." He is not out simply to debunk unfounded beliefs. Wherever possible, he presents alternative scientific explanations, which in most cases are even more fascinating than the wildest speculation. For example, stories about UFOs and alien abductions lack good evidence, but science gives us plenty of reasons to keep exploring outer space for evidence that life exists elsewhere in the vast universe. The proof for Bigfoot or the Loch Ness Monster may be nonexistent, but scientists are regularly discovering new species, some of which are truly stranger than fiction. Stressing the excitement of scientific discovery and the legitimate mysteries and wonder inherent in reality, this book invites readers to share the joys of rational thinking and the skeptical approach to evaluating our extraordinary world.
Commentators have noted the extraordinary impact of popular culture on legal practice, courtroom proceedings, police departments, and government as a whole, and it is no exaggeration to say that most people derive their basic understanding of law from cultural products. Movies, television programs, fiction, children’s literature, online games, and the mass media typically influence attitudes and impressions regarding law and legal institutions more than law and legal institutions themselves. Law and Popular Culture: International Perspectives enhances the appreciation of the interaction between popular culture and law by underscoring this interaction’s multinational and international features. Two dozen authors from nine countries invite readers to consider the role of law-related popular culture in a broad range of nations, socio-political contexts, and educational environments. Even more importantly, selected contributors explore the global transmission and reception of law-related cultural products and, in particular, the influence of assorted works and media across national borders and cultural boundaries. The circulation and consumption of law-related popular culture are increasing as channels of mass media become more complex and as globalization runs its uncertain course. Law and Popular Culture: International Perspectives adds to the critical understanding of the worldwide interaction of popular culture and law and encourages reflection on the wider implications of this mutual influence across both time and geography.
This book argues that despite the tensions existing in all societies between religious faith and legal order, they inevitably interact. In the course of his discussion Berman traces the history of Western law, exposes the fallacies of law theories that fail to take religion into account, examines key theological, prophetic, and educational themes, and looks at the role of religion in the Soviet and post-Soviet state.
This book explores the interface between law and popular culture, two subjects of enormous current importance and influence. Exploring how they affect each other, each chapter discusses a legally themed film or television show, such as Philadelphia or Dead Man Walking, and treats it as both a cultural and a legal text, illustrating how popular culture both constructs our perceptions of law, and changes the way that players in the legal system behave. Written without theoretical jargon, Law and Popular Culture: A Course Book is intended for use in undergraduate or graduate courses and can be taught by anyone who enjoys pop culture and is interested in law.
This commentary on freedom of religion or belief provides a comprehensive overview of the pressing issues of freedom of religion or belief from an international law perspective.
Today the idea of natural law as the basic ingredient in moral, legal, and political thought presents a challenge not faced for almost two hundred years. On the surface, there would appear to be little room in the contemporary world for a widespread belief in natural law. The basic philosophies of the opposition--the rationalism of the philosophes, the utilitarianism of Bentham, the materialism of Marx--appear to have made prior philosophies irrelevant. Yet these newer philosophies themselves have been overtaken by disillusionment born of conflicts between "might" and "right." Many thoughtful people who were loyal to secular belief have become dissatisfied with the lack of normative principles and have turned once more to natural law. This first book-length study of Edmund Burke and his philosophy, originally published in 1958, explores this intellectual giant's relationship to, and belief in, the natural law. It has long been thought that Edmund Burke was an enemy of the natural law, and was a proponent of conservative utilitarianism. Peter J. Stanlis shows that, on the contrary, Burke was one of the most eloquent and profound defenders of natural law morality and politics in Western civilization. A philosopher in the classical tradition of Aristotle and Cicero, and in the Scholastic tradition of Aquinas, Burke appealed to natural law in the political problems he encountered in American, Irish, Indian, and British affairs, and in reaction to the French Revolution. This book is as relevant today as it was when it was first published, and will be mandatory reading for students of philosophy, political science, law, and history.
'Law and Religion' is a comprehensive treatment of an area that will stimulate and enlighten anyone interested in law and religion. Both common and civil law jurisdictions and a wide variety of cultural contexts are represented.