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This book assesses the role of social justice in legal scholarship and its potential future development by focusing upon the ‘leading works’ of the discipline. The rise of socio-legal studies over recent decades has led to a more interdisciplinary approach to the study of law, which prioritises placing law into its wider social context. Recognising the role that culture, economics and politics play in the development of law is important in order to fully understand the position and impact of law in society. Innovative and written in an engaging way, this collection includes leading and emerging scholars from across the world. Each contributor has been invited to select and analyse a ‘leading work’, a publication which has for them shed light on the way that law and social justice are interlinked and has influenced their own understanding, scholarship, advocacy, and, in some instances, activism. The book also includes a specially written foreword and afterword, which critically reflect upon the contributions of the 'leading works' to consider the role that social justice has played in law and legal education and the likely future path for social justice in legal scholarship. This book will be an essential resource for all those working in the areas of social justice, socio-legal studies and legal philosophy. It will be of wider interest to the social sciences more generally.
The Explanation of Social Action is a sustained critique of the conventional understanding of what it means to "explain" something in the social sciences. It makes the strong argument that the traditional understanding involves asking questions that have no clear foundation and provoke an unnecessary tension between lay and expert vocabularies. Drawing on the history and philosophy of the social sciences, John Levi Martin exposes the root of the problem as an attempt to counterpose two radically different types of answers to the question of why someone did a certain thing: first person and third person responses. The tendency is epitomized by attempts to explain human action in "causal" terms. This "causality" has little to do with reality and instead involves the creation and validation of abstract statements that almost no social scientist would defend literally. This substitution of analysts' imaginations over actors' realities results from an intellectual history wherein social scientists began to distrust the self-understanding of actors in favor of fundamentally anti-democratic epistemologies. These were rooted most defensibly in a general understanding of an epistemic hiatus in social knowledge and least defensibly in the importation of practices of truth production from the hierarchical setting of institutions for the insane. Martin, instead of assuming that there is something fundamentally arbitrary about the cognitive schemes of actors, focuses on the nature of judgment. This implies the need for a social aesthetics, an understanding of the process whereby actors intuit intersubjectively valid qualities of complex social objects. In this thought-provoking and ambitious book, John Levi Martin argues that the most promising way forward to such a science of social aesthetics will involve a rigorous field theory.
The latest volume in the Core Concepts in Higher Education series explores the complexity of law in higher education and both the limits and opportunities of how law can promote inclusivity and access on campus. Through a historical and legal framework, this volume discusses undergraduate students' histories of inclusion and struggles for social justice in higher education by race, sex, social class, dis/ability, and sexual orientation. Bridging research, theory, and practice, Law and Social Justice in Higher Education encourages future and current higher education and student affairs practitioners to consider how they can collaborate to further a just society. Special features: Discussion of case law illustrates the reach and limits of law and where higher education professionals can continue to push for social justice. Accessible to non-lawyers, chapters highlight key legal terms and key concepts to guide readers at the beginning of each chapter. End-of-chapter questions provide prompts for discussion and encourage student interactivity.
Offering a unique perspective that views human rights as the foundation of social justice, Joseph Wronka’s groundbreaking Human Rights and Social Justice outlines human rights and social justice concerns as a powerful conceptual framework for policy and practice interventions for the helping and health professions. This highly accessible, interdisciplinary text urges the creation of a human rights culture as a “lived awareness” of human rights principles, including human dignity, nondiscrimination, civil and political rights, economic, social, and cultural rights, and solidarity rights. The Second Edition includes numerous social action activities and questions for discussion to help scholars, activists, and practitioners promote a human rights culture and the overall well-being of populations across the globe.
What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms. Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.
In Understanding Social Action, Promoting Human Rights, editors Ryan Goodman, Derek Jinks, and Andrew K. Woods bring together a stellar group of contributors from across the social sciences to apply a broad yet conceptually unified array of advanced social science research concepts to the study of human rights and human rights law. The book focus on three key methodological and substantive areas: actors, or social and political perspectives, including behavioral economics; communication, covering linguistics, media studies, and social entrepreneurship; and groups, via organizational theory, political economy, social movements, and complexity theory. Their goal is to provide a more comprehensive and more practical theory of social action, which necessarily requires a better understanding of individuals, organizations of individuals, and the ways in which both relate to other individuals and organizations.
Law is a core subject of the social work degree and this title introduces students to the complexities and challenges of this subject. Now in its fifth edition, this well-established book looks at how the law in England and Wales interacts with key aspects of practice such as human rights, mental health, youth justice and community care. Fully-revised to include new information on youth justice, this text is essential reading for all social work students. The implications of the Social Work Task Force and ongoing changes to social work practice are also discussed and reflected upon.