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Legal Socialization - A Study of Norms and Rules examines the varying responses, negative and positive, to rule enforcement, as well as the genesis of these responses and the conditions under which they occur. The book presents the results of a longitudinal, multi-methodological study of the dynamic interaction between norms of behavior and rule enforcement in a natural setting, specifically, a university residential community. This approach allowed for the testing of competing hypotheses drawn from social learning and cognitive developmental theory to determine which was more substantively predictive of legal socialization. The first major section discusses the vital issues involved in understanding legal socialization; the two major legal socialization theories; and the research design of the study carried out by the authors. The second part concentrates on empirically testing the predictions of legal development theory versus social learning theory. The final section explores the interaction between reasoning and rule-enforcing conditions and its importance for understanding legal socialization.
Legal socialization is the process by which children and adolescents acquire their law related values, attitudes, and reasoning capacities. Such values and attitudes, in particular legitimacy, underlie the ability and willingness to consent to laws and defer to legal authorities that make legitimacy based legal systems possible. By age eighteen a person's orientation toward law is largely established, yet legal scholarship has largely ignored this process in favor of studying adults and their relationship to the law. Why Children Follow Rules focuses upon legal socialization outlining what is known about the process across three related, but distinct, contexts: the family, the school, and the juvenile justice system. Throughout, Tom Tyler and Rick Trinkner emphasize the degree to which individuals develop their orientations toward law and legal authority upon values connected to responsibility and obligation as opposed to fear of punishment. They argue that authorities can act in ways that internalize legal values and promote supportive attitudes. In particular, consensual legal authority is linked to three issues: how authorities make decisions, how they treat people, and whether they recognize the boundaries of their authority. When individuals experience authority that is fair, respectful, and aware of the limits of power, they are more likely to consent and follow directives. Despite clear evidence showing the benefits of consensual authority, strong pressures and popular support for the exercise of authority based on dominance and force persist in America's families, schools, and within the juvenile justice system. As the currently low levels of public trust and confidence in the police, the courts, and the law undermine the effectiveness of our legal system, Tom Tyler and Rick Trinkner point to alternative way to foster the popular legitimacy of the law in an era of mistrust.
This book argues for a greater specification of how international law influences relevant actors to improve human rights. It argues that states are influenced via general social processes such as cultural contagion, identification, and mimicry. These processes occasion a rethinking of fundamental regime design problems in human rights law.
This volume asks what legal and socio legal scholarship can contribute to understanding the role of law in the care and development of children. The editors have selected key articles ranging from theoretical analysis to empirical data based research that address the law's approach in the United States and the United Kingdom to resolving parenting disputes after separation, protecting children from abuse and neglect, and affording children procedural protections in the juvenile justice system. Their introduction to these important and often distressing areas of the law confirms the importance of understanding how law works in practice, and reaffirms that law itself remains responsible for articulating and protecting society's values.
Over 350 entries provide an authoritative & comprehensive A-Z list of topics in psychology and law, including criminal behaviour and treatment, juvenile offenders, eyewitness memory, forensic assessment and diagnosis, and trial processes.
"This work will be very valuable for academic and public libraries supporting prelaw, law, social, and cultural studies. Summing Up: Highly recommended. Upper-level undergraduates through professionals/practitioners; general readers." —CHOICE There are two aspects of scholarship about the legal systems of our day that are especially salient—one being for the first time there is a fair amount of genuine research on legal systems, and two, that this research is increasingly global. As soon as you cross a jurisdictional line, even if it separates countries that are very similar, you enter a different legal system. It cannot be assumed that any particular rule, doctrine, or practice is the same in any two jurisdictions, regardless of how close these jurisdictions are, in terms of history and tradition. The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. With an Advisory Board of 62 members from 20 countries and six continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia′s coverage, American and international law and society will be better understood within its historical and comparative context. Key Features: Includes more than 700 biographical entries that are historical, comparative, topical, thematic, and methodological Presents the rich diversity of European, Latin American, Asian, African, and Australasian developments for the first time in one place to reveal the truly holistic, interdisciplinary virtues of law and society Examines how and why legal systems grow and change, how and why they respond (or fail to respond) to their environment, how and why they impact the life of society, and how and why the life of society impacts in turn these legal systems With borders more porous than ever before, this Encyclopedia reflects the paradoxical reality of modern life, including legal life. This valuable resource aims to present research, along with the theories on which it is grounded, fairly and comprehensively and is a must-have for all academic libraries.
This book examines how Russian-speaking adoptees in three US families actively shape opportunities for language learning and identity construction in everyday interactions. By focusing on a different practice in each family (i.e. narrative talk about the day, metalinguistic discourse or languaging, and code-switching), the analyses uncover different types of learner agency and show how language socialization is collaborative and co-constructed. The learners in this study achieve agency through resistance, participation, and negotiation, and the findings demonstrate the complex ways in which novices transform communities in transnational contexts. The perspectives inform the fields of second language acquisition and language maintenance and shift. The book further provides a rare glimpse of the quotidian negotiations of adoptive family life and suggestions for supporting adoptees as young bilinguals.
This book investigates law's interaction with practical reasons. What difference can legal requirements-e.g. traffic rules, tax laws, or work safety regulations-make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. At the outset, two competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm-it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements. Runner-up for the Peter Birks Book Prize for Outstanding Legal Scholarship 2019.
"In the Oxford Handbook of Developmental Psychology and the Law, eminent scholars from varied disciplines detail how developmental science and the law shape one another across the lifespan. The chapters address fundamental questions about how human development influences laws and practices in the legal system and how the law and its practices influence development. The chapters, as well, reveal how the potential for, and consequences of, victimization and perpetration-whether they be criminal or civil acts-are impacted by and impact development. The diversity of topics, range of influences across the lifespan, and complexities of developmental and legal influences are on display throughout the volume. In Section I, which spanned Infancy and Childhood to Adolescence, authors covered such topics as prenatal and infant abuse; the development of antisocial behavior in children and adolescents; questioning of minor victims, witnesses, and suspects; treatment of youth in juvenile, criminal, and specialty courts but also in immigration, custody, and adoption hearings, and finally in schools and prisons. In Section II, which spanned Adulthood to Aging, authors addressed some of the same topics, but here from the perspective of younger and older adults. These include antisocial behavior in adults, the experiences of elder adults as victim/witnesses, and experiences in prison, especially among parents and the elderly. Other topics were covered as well, including persons with developmental disabilities involvement in the courts, reentry transitions after incarceration, and reproductive and end-of-life legal rights. Across this comprehensive volume, authors demonstrate the immense value of research for policy and practice and viewing legal involvement through the lens of lifespan development"--