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Law and society are closely related, though the relationship between the two is both complicated and understudied. In a world of rapidly changing people, places, and ideas, law is frequently taken out of context, often with surprising and unnecessary consequences. As societies and their structures, religious doctrines, and economies change, laws previously established often remain unchanged. Dominant nations frequently impose their own laws on weaker nations, whether or not their cultures are similar. Conquered nations, after regaining freedom, often keep their conquerors' laws by default. Law is often misrepresented in literature, and legal scholars, citizens, and businesspeople alike ignore large portions of the legislation under which they live and work. Even the American system of legal education frequently proves itself irrelevant to a proper understanding of today's laws. Alan Watson studies examples from the ancient laws of Rome and Byzantium, laws within the Christian Gospels, and policies of legal education in the modern United States to demonstrate the need for a new approach to both law and legal education. Law Out of Context illustrates that only by understanding comparative legal history and by paying more attention to changes in our society can we hope to devise consistently fair and respected laws.
"Law cannot be treated as a discrete set of principles without a context ... we seek to examine and evaluate the context of Australian law."So the authors write of their book.This second edition is divided up into 3 parts:Part A of the book - Law in a Political Context - contains separate chapters on Liberalism and Formalism and the Rule of Law, plus a new chapter on Power.Part B - Law, Justice and Inequality - contains material on access to justice, litigation and the lawyers. The text has been revised to take into account the considerable changes in these areas in the past five years. Each chapter relates the material to the tension between the provision of justice and the creation and maintenance of inequality in our legal system. These themes are continued in the chapters that deal with gender, race and with the processes which influence the production of legislation.Part C -Law and Efficiency- introduces students to the economic analysis of law and to the relationship between justice and efficiency.As with the first edition, material and examples are selected which have relevance for first year students.All other chapters have been revised and updated to reflect current trends and issues.The Law Institute Journal (Vic) called the first edition:"A new and intellectually fertile way of introducing students to the study of law."Other reviewers saw it as "fascinating", "instructive", "thoroughly recommended" and "representing the new wave of thought about law and law teaching".
The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.
Winner, 2019 Global Legal Skills Book Award, given by the Global Legal Skills Conference An essential handbook for international lawyers and students Focusing on vocabulary, Essential Legal English in Context introduces the US legal system and its terminology. Designed especially for foreign-trained lawyers and students whose first language is not English, the book is a must-read for those who want to expand their US legal vocabulary and basic understanding of US government. Ross uses a unique approach by selecting legal terms that arise solely within the context of the levels and branches of US government, including terminology related to current political issues such as partisanship. Inspired by her students’ questions over her years of teaching, she includes a vast collection of legal vocabulary, concepts, idioms, and phrasal verbs and unpacks concepts embedded in US case law, such as how the US constitutional separation of powers may affect a court’s interpretation of the law. The handbook differentiates basic terms in civil and criminal cases and compares terms that may seem similar because of close spellings but in fact have different meanings. For instance, what is the distinction between “taking the stand” and “taking a stand?” What is the difference between “treaties” and “treatises”? Featuring illustrations and hands-on exercises, Essential Legal English in Context is a valuable self-study resource for those who want to improve their legal English terminology before entering a US law school, studying US law or government, or working as a seconded attorney to a US law firm. Instructors can use the handbook in an introductory US legal English course.
Out of Context disrupts the notion of static context, instead proposing a transhistorical approach to literature, revealing that the significance of literature is in its moments of surprising reception.
This book offers an exceptionally straightforward explanation of the intertwining relationship between law and society--with emphasis on the relationship of social conditions, social ideas, and people to the creation, interpretation, and use of law. These three concepts are further used to illustrate how law is formulated in a cross-cultural context, as well as within the confines of gender, race and social class. The social context of law. The theoretical context of law. Cross-cultural context of law. Types of law. Systems of law. Practitioners of law. The purpose and usefulness of law. Gender, race, social class, and law. For anyone who desires an understanding of the significant bearing law has on contemporary life, and for those considering the legal professions, e.g., pre-law, paralegal, corrections, etc.
Based on the latest research, this entertaining, practical guide offers law students a formula for success in school, on the bar exam, and as a practicing attorney. Mastering the law, either as a law student or in practice, becomes much easier if one has a working knowledge of the brain's basic habits. Before you can learn to think like a lawyer, you have to have some idea about how the brain thinks. The first part of this book translates the technical research, explaining learning strategies that work for the brain in law school specifically, and calling out other tactics that are useless (though often popular lures for the misinformed). This book is unique in explaining the science behind the advice and will save you from pursuing tempting shortcuts that will take you in the wrong direction. The second part explores the brain's decision-making processes and cognitive biases. These biases affect the ability to persuade, a necessary skill of the successful lawyer. The book talks about the art and science of framing, the seductive lure of the confirmation and egocentric biases, and the egocentricity of the availability bias. This book uses easily recognizable examples from both law and life to illustrate the potential of these biases to draw humans to mistaken judgments. Understanding these biases is critical to becoming a successful attorney and gaining proficiency in fashioning arguments that appeal to the sometimes quirky processing of the human brain. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific. Your Brain and Law School was a finalist in the Best Published Self-Help and Psychology category of the 2015 San Diego Book Awards
'Company Law in Context' is an ideal main text for company law courses. David Kershaw places company law in its economic, business, and social context, making more accessible and relevant the cases, statutes, and other forms of regulation. A running case study provides a practical perspective.
How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.
PLEASE NOTE: THE LOOSELEAF VERSION IS AVAILABLE, AS IS THE EBOOK. A THIRD EDITION WILL BE OUT FOR FALL 2021. To view or download the 2020 Supplement to this book, click here. Constitutional Law: A Context and Practice Casebook, Second Edition, offers comprehensive coverage without backbreaking bulk, and allows you to teach constitutional law your own way, without having to fight the book. Using its unique electronic "Expansion Pack" system of supplemental modules, you can customize your course while still following the book's structure. That structure is streamlined into five parts of two chapters each, which cover all the essential doctrines of Constitutional Law. The book can be used for any general Con Law course, whether offered in the first semester or later, and whether it covers governmental structure, individual rights, or both. Its comprehensive Teacher's Manual provides succinct but thorough answers for all discussion questions and offers useful guidance for new adopters and first-time Constitutional Law teachers. Referenced in the Teacher's Manual is the wealth of resources found in the Expansion Packs. These supplementary additions correspond to the chapter sections and have optional additional cases, review questions, etc. The Dropbox also has an introductory document; a copy of the 385-page casebook TM; a TM for each expansion pack; "short cuts," which are also keyed to chapter sections and summarize material a professor may not be able to cover in depth; a folder of recommended case studies; and a folder with primary documents such as the Articles of Confederation. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific.