This document introduces a collection of papers exploring different methodological approaches to socio-legal research. It begins by noting the lack of methodology texts in socio-legal research compared to other fields like criminology. It then discusses debates around defining socio-legal research and distinguishing it from legal sociology. Specifically, it notes socio-legal research often employs social science methods as a tool rather than for substantive analysis. The introduction concludes by outlining the structure of the paper collection, which is divided into sections on method versus methodology, ethnography and law, textual analysis, structural approaches, legal culture, and concludes by considering the national traditions that influenced the authors.
This document outlines the course requirements for a Justice Studies program at Royal Roads University. It includes 24 courses over 4 semesters that cover topics such as human services skills, the Canadian justice system, logical thinking, law and philosophy, alternative dispute resolution, research methods, and applied ethics. The courses involve both theoretical instruction and practical exercises to prepare students for work in the justice field.
The document discusses the concept of legal consciousness and its development within law and society research. Legal consciousness aimed to address how the legal system maintains power despite disparities between laws and their real-world application. However, recent studies have narrowed legal consciousness' critical perspective by focusing on individuals rather than relationships between consciousness, ideology, and power structures. As a result, legal consciousness has lost its theoretical utility and become a domesticated concept within policy projects.
This document discusses the relationship between criminal law and politics. It categorizes the relationship into three approaches: independence, interaction, and dependence. The independence approach views criminal law as fully independent from politics through formalist legal reasoning. The interaction approach sees criminal law and politics as interacting but without compromising legal knowledge's independence. The dependence approach believes criminal law excludes independence and is reliant on political power and theories. The document analyzes various legal theories according to these three categories of relationship between criminal law and politics.
This document provides a summary of a thesis that conducts a Foucauldian critique of closed material proceedings in the UK. It argues that closed material proceedings form part of an architecture of panopticism in the UK legal system. The thesis is divided into three chapters: 1) applies Foucault's theories of biopower and disciplinary mechanisms to law, 2) examines closed material proceedings and their implications for the right to a fair trial through case law, and 3) argues that legislation like the Justice and Security Act indicates hierarchies within the UK intelligence system and how law is shaped by surveillance and governmentality. The thesis aims to demonstrate how closed material proceedings engage with concepts of power and discipline and contribute to an ongoing
Judge Posner delivered a keynote address discussing the role of judges in the 21st century. He outlined three main challenges: 1) keeping up with increasing scientific knowledge, 2) dealing with huge caseloads in federal courts, and 3) the future functions of artificial intelligence in adjudication. Posner argued judges should be more pragmatic than formalistic. He also discussed differences between how US and European judges operate, and said political preferences alone do not fully explain judicial decisions due to various contextual factors judges must consider.
This document outlines the course details for a Philosophy of Science in Political Science course taking place from April to May 2014. The course will examine the relationship between philosophy of science and political science over 8 sessions. Topics will include the nature of science, inductive and deductive reasoning, theories of falsification and relativism, concepts of observation and theory, and the role of values in political science. Students will complete short written assignments after each session connecting the philosophical issues to political science. A final exam will be administered on the last day.
Presentation originally made for the Gordon Conference on Science Policy 2010. On policy learning and innovation in science, technology and innovation policy governance.
This document outlines the course requirements for a Justice Studies program at Royal Roads University. It includes 24 courses over 4 semesters that cover topics such as human services skills, the Canadian justice system, logical thinking, law and philosophy, alternative dispute resolution, research methods, and applied ethics. The courses involve both theoretical instruction and practical exercises to prepare students for work in the justice field.
The document discusses the concept of legal consciousness and its development within law and society research. Legal consciousness aimed to address how the legal system maintains power despite disparities between laws and their real-world application. However, recent studies have narrowed legal consciousness' critical perspective by focusing on individuals rather than relationships between consciousness, ideology, and power structures. As a result, legal consciousness has lost its theoretical utility and become a domesticated concept within policy projects.
This document discusses the relationship between criminal law and politics. It categorizes the relationship into three approaches: independence, interaction, and dependence. The independence approach views criminal law as fully independent from politics through formalist legal reasoning. The interaction approach sees criminal law and politics as interacting but without compromising legal knowledge's independence. The dependence approach believes criminal law excludes independence and is reliant on political power and theories. The document analyzes various legal theories according to these three categories of relationship between criminal law and politics.
This document provides a summary of a thesis that conducts a Foucauldian critique of closed material proceedings in the UK. It argues that closed material proceedings form part of an architecture of panopticism in the UK legal system. The thesis is divided into three chapters: 1) applies Foucault's theories of biopower and disciplinary mechanisms to law, 2) examines closed material proceedings and their implications for the right to a fair trial through case law, and 3) argues that legislation like the Justice and Security Act indicates hierarchies within the UK intelligence system and how law is shaped by surveillance and governmentality. The thesis aims to demonstrate how closed material proceedings engage with concepts of power and discipline and contribute to an ongoing
Judge Posner delivered a keynote address discussing the role of judges in the 21st century. He outlined three main challenges: 1) keeping up with increasing scientific knowledge, 2) dealing with huge caseloads in federal courts, and 3) the future functions of artificial intelligence in adjudication. Posner argued judges should be more pragmatic than formalistic. He also discussed differences between how US and European judges operate, and said political preferences alone do not fully explain judicial decisions due to various contextual factors judges must consider.
This document outlines the course details for a Philosophy of Science in Political Science course taking place from April to May 2014. The course will examine the relationship between philosophy of science and political science over 8 sessions. Topics will include the nature of science, inductive and deductive reasoning, theories of falsification and relativism, concepts of observation and theory, and the role of values in political science. Students will complete short written assignments after each session connecting the philosophical issues to political science. A final exam will be administered on the last day.
Presentation originally made for the Gordon Conference on Science Policy 2010. On policy learning and innovation in science, technology and innovation policy governance.
I scan my computer when I find the homepage and search engine are both changed to Istartpage123.com after running IE. I do not use this browser often and I do no know when it is attacked. It might be a long time I guess. And I still want to set its default homepage back because this might be browser-hijack. How can I reset them?
Price Panicking and Competition: The financial implications for theNigerian f...iosrjce
The last five years in Nigerian flour industryhave witnessed massive usage of price panicking as a
marketing strategyto achieve short run boost in sales target. The continued usage of the strategy had overtime
weakened the loyalty bond between the flour firms and their customers.Using evidence from the sales volume of
the two leading flour mills, Flour Mills of Nigeria (FMN) and Honeywell Flour Mills (HFM), and evaluating the
outcomes from7 occurrences of price panics in the industry between July, 2012 andMarch, 2015, the study
observeda near-equal average growth rate in the sales of the two firms with and without the adoption of price
panicking. Were price panicking allowed to continue with the rapidity as currently being practiced, the
uncertainty and distortions that will be created therefrom would retard, rather than boost sales in the long run.
The study suggests a rethinking by theNigeria Flour Mills (NFM) and Honeywell Flour Mills (HFM) who are
the leading promotersof the dangerous strategy, and argued that both the firms and the industry potentially
stand to lose were panicking to be sustained long into the future.
Anand Tagore has over 2 years of experience as a Senior Software Developer specializing in J2EE development. He has worked on several projects involving design, development, testing and implementation using technologies like Java, Spring, Hibernate, MySQL and more. Anand received an M.Sc. in Electronics from M G University with 78% marks and has additional skills in software design, problem solving, multi-tasking and working with people. He is looking to contribute his technical and development experience to new opportunities.
Dennis T. Wang leads as Chief Principal of Alexander Wang, Inc., an international fashion company that he co-founded in 2004. In his free time, Dennis T. Wang enjoys the practice of yoga.
Java project titles for mca @dreamweb techno solutions trichyElakkiya Triplen
MCA PROJECT IN Trichy @ Dream Web Techno Solutions:-We are offering a PROJECT in DOTNET , JAVA & ANDROID Tech.Project fees only@ 2500 for more details:-Addrs:73/5, 3rd Floor,kamatchi complx, Opp City Hospital, Salai road. trichy 18. ph:-7200021403/04...Email id:-ranjith.triplen@gmail.com
Java project titles for mca @dreamweb techno solutions trichyElakkiya Triplen
MCA PROJECT IN Trichy @ Dream Web Techno Solutions:-We are offering a PROJECT in DOTNET , JAVA & ANDROID Tech.Project fees only@ 2500 for more details:-Addrs:73/5, 3rd Floor,kamatchi complx, Opp City Hospital, Salai road. trichy 18. ph:-7200021403/04...Email id:-ranjith.triplen@gmail.com
Java project titles for mca @dreamweb techno solutions trichyElakkiya Triplen
MCA PROJECT IN Trichy @ Dream Web Techno Solutions:-We are offering a PROJECT in DOTNET , JAVA & ANDROID Tech.Project fees only@ 2500 for more details:-Addrs:73/5, 3rd Floor,kamatchi complx, Opp City Hospital, Salai road. trichy 18. ph:-7200021403/04...Email id:-ranjith.triplen@gmail.com
The document discusses the phenomena of El Niño and La Niña. El Niño occurs every 2-7 years, weakening trade winds and warming waters off South America. La Niña is the opposite, cooling waters off South America. El Niño lasts 9-12 months and brings drought to Australia/Indonesia but rain to North and South America. La Niña occurs every 3-4 years and lasts 3-4 years, bringing more rain to Australia/Indonesia. Both phenomena cause problems like floods, mudslides and climate alterations, but their effects can be reduced through prevention and disaster planning.
The study examined credit risk and management in Nigeria Commercial Banks. From the findings it
is concluded that banks profitability is inversely influenced by the levels of loans and advances, non-performing
loans and deposits thereby exposing them to great risk of illiquidity and distress. Therefore, management need
to be cautious in setting up a credit policy that will not negatively affects profitability and also they need to
know how credit policy affects the operation of their banks to ensure judicious utilization of deposits and
maximization of profit. Improper credit risk management reduce the bank profitability, affects the quality of its
assets and increase loan losses and non-performing loan which may eventually lead to financial distress. CBN
for policy purposes should regularly assess the lending attitudes of commercial banks. One direct way is to
assess the degree of credit crunch by isolating the impact of supply side of loan from the demand side taking
into account the opinion of the firms about banks’ lending attitude.
Power of Digital Marketing - TiE Young Enterpreneurs 2015Navneet Kaushal
Any business needs to find the way to reach its customers. Here you need to start thinking about the essential purpose and thinking that goes with marketing their service or product to its key customers. Digital Marketing session covers topics from market research to developing a market strategy and Break-even analysis. Overall, this presentation covers:
*What is Digital marketing?
*What is the purpose of Digital marketing?
*Effective Digital marketing
*Benefits of Digital marketing?
The document is a seminar presentation on flagella and motility. It contains 18 slides that discuss the introduction, definition, chemical composition, structure, types, synthesis, importance and functions of bacterial flagella. The slides describe the key components of the flagella including the basal body embedded in the cell, the hook structure, and the long filament. It explains how flagella are made of protein, lipid and carbohydrate and that around 50 genes are required for their synthesis and function. The presentation also covers the different patterns of flagellation in bacteria and how flagella allow for motility and other functions like feeding, respiration and circulation in certain organisms.
This editorial provides context for a special edition of the Liverpool Law Review focusing on gender, sexuality, and law from a socio-legal perspective. It discusses the definition and scope of socio-legal studies and notes debates around whether it is more about "law" or the "social." The editorial also explores the development of gender, sexuality, and law as a field of scholarship and its relationship to socio-legal studies. It highlights how recent social and political issues have stimulated legal and academic focus on topics of gender and sexuality.
Learning Outcome: After completing the lesson students will be able to -
a) comprehend the scope and variety of legal research
b) prepare for learning about the different features of the legal doctrine
World Without Law Professors: Legal Research and EducationPreeti Sikder
- Law professors play an important role in conducting legal research that benefits both the academic world and legal system. However, there are differing views on the types and value of legal research.
- Doctrinal research involves analyzing legal rules and principles to establish coherence and clarify ambiguities. It is important for consolidating dispersed legal materials but may lack theoretical ambition.
- "Deep" or non-doctrinal research, such as interdisciplinary legal fields, better qualifies as academic by transcending what practitioners can do. However, dispersing legal scholars may diminish engagement between them.
- Without law professors, doctrinal research could still be conducted by practitioners, but diversity and impact of legal research may decrease as deep
1. C.R.B. Dunlop discusses the law and literature movement in law schools, which focuses on either "law in literature" by examining how law is portrayed in fiction, or "law as literature" by analyzing legal writing as a literary form.
2. There are debates around whether law and literature should be part of the core law school curriculum or only electives. Interdisciplinary approaches are also changing what is considered the scope of legal studies.
3. Dunlop argues that while the law and literature movement has brought more attention to the human aspects of law, more theoretical work is still needed to better define and situate the approach within legal academia. Literature can provide important context and perspectives missing
This paper is an attempt to explicate the theoretical relationship between psychoanalysis and the law
for those who are approaching this topic for the first time. It explains the need for such a discourse by situating
it within the tradition of interdisciplinary approaches to the law in Anglo-American academia. The part played
by discursive predecessors (such as the ‘law and psychiatry’ movement and the ‘psychoanalysis of crime’)
anddiscursive contemporaries (such as ‘law and economics’ and ‘law and literature’) are also discussed. The
success of these applications of psychoanalysis is then invoked to make a case for the law and
psychoanalysismovement in law schools. One of the goals of this theoretical movement, needless to say, is to
formalize the notion of the legal subject by applying the theories of subjectivity that are available in the work of
European psychoanalysts like Sigmund Freud and Jacques Lacan. The paper concludes by calling attention to
not only the generic forms in which this is already being done by a number of scholars in law schools and in the
legal literature, but also deploys the concepts of Freudian metapsychology that are relevant to doing so
I scan my computer when I find the homepage and search engine are both changed to Istartpage123.com after running IE. I do not use this browser often and I do no know when it is attacked. It might be a long time I guess. And I still want to set its default homepage back because this might be browser-hijack. How can I reset them?
Price Panicking and Competition: The financial implications for theNigerian f...iosrjce
The last five years in Nigerian flour industryhave witnessed massive usage of price panicking as a
marketing strategyto achieve short run boost in sales target. The continued usage of the strategy had overtime
weakened the loyalty bond between the flour firms and their customers.Using evidence from the sales volume of
the two leading flour mills, Flour Mills of Nigeria (FMN) and Honeywell Flour Mills (HFM), and evaluating the
outcomes from7 occurrences of price panics in the industry between July, 2012 andMarch, 2015, the study
observeda near-equal average growth rate in the sales of the two firms with and without the adoption of price
panicking. Were price panicking allowed to continue with the rapidity as currently being practiced, the
uncertainty and distortions that will be created therefrom would retard, rather than boost sales in the long run.
The study suggests a rethinking by theNigeria Flour Mills (NFM) and Honeywell Flour Mills (HFM) who are
the leading promotersof the dangerous strategy, and argued that both the firms and the industry potentially
stand to lose were panicking to be sustained long into the future.
Anand Tagore has over 2 years of experience as a Senior Software Developer specializing in J2EE development. He has worked on several projects involving design, development, testing and implementation using technologies like Java, Spring, Hibernate, MySQL and more. Anand received an M.Sc. in Electronics from M G University with 78% marks and has additional skills in software design, problem solving, multi-tasking and working with people. He is looking to contribute his technical and development experience to new opportunities.
Dennis T. Wang leads as Chief Principal of Alexander Wang, Inc., an international fashion company that he co-founded in 2004. In his free time, Dennis T. Wang enjoys the practice of yoga.
Java project titles for mca @dreamweb techno solutions trichyElakkiya Triplen
MCA PROJECT IN Trichy @ Dream Web Techno Solutions:-We are offering a PROJECT in DOTNET , JAVA & ANDROID Tech.Project fees only@ 2500 for more details:-Addrs:73/5, 3rd Floor,kamatchi complx, Opp City Hospital, Salai road. trichy 18. ph:-7200021403/04...Email id:-ranjith.triplen@gmail.com
Java project titles for mca @dreamweb techno solutions trichyElakkiya Triplen
MCA PROJECT IN Trichy @ Dream Web Techno Solutions:-We are offering a PROJECT in DOTNET , JAVA & ANDROID Tech.Project fees only@ 2500 for more details:-Addrs:73/5, 3rd Floor,kamatchi complx, Opp City Hospital, Salai road. trichy 18. ph:-7200021403/04...Email id:-ranjith.triplen@gmail.com
Java project titles for mca @dreamweb techno solutions trichyElakkiya Triplen
MCA PROJECT IN Trichy @ Dream Web Techno Solutions:-We are offering a PROJECT in DOTNET , JAVA & ANDROID Tech.Project fees only@ 2500 for more details:-Addrs:73/5, 3rd Floor,kamatchi complx, Opp City Hospital, Salai road. trichy 18. ph:-7200021403/04...Email id:-ranjith.triplen@gmail.com
The document discusses the phenomena of El Niño and La Niña. El Niño occurs every 2-7 years, weakening trade winds and warming waters off South America. La Niña is the opposite, cooling waters off South America. El Niño lasts 9-12 months and brings drought to Australia/Indonesia but rain to North and South America. La Niña occurs every 3-4 years and lasts 3-4 years, bringing more rain to Australia/Indonesia. Both phenomena cause problems like floods, mudslides and climate alterations, but their effects can be reduced through prevention and disaster planning.
The study examined credit risk and management in Nigeria Commercial Banks. From the findings it
is concluded that banks profitability is inversely influenced by the levels of loans and advances, non-performing
loans and deposits thereby exposing them to great risk of illiquidity and distress. Therefore, management need
to be cautious in setting up a credit policy that will not negatively affects profitability and also they need to
know how credit policy affects the operation of their banks to ensure judicious utilization of deposits and
maximization of profit. Improper credit risk management reduce the bank profitability, affects the quality of its
assets and increase loan losses and non-performing loan which may eventually lead to financial distress. CBN
for policy purposes should regularly assess the lending attitudes of commercial banks. One direct way is to
assess the degree of credit crunch by isolating the impact of supply side of loan from the demand side taking
into account the opinion of the firms about banks’ lending attitude.
Power of Digital Marketing - TiE Young Enterpreneurs 2015Navneet Kaushal
Any business needs to find the way to reach its customers. Here you need to start thinking about the essential purpose and thinking that goes with marketing their service or product to its key customers. Digital Marketing session covers topics from market research to developing a market strategy and Break-even analysis. Overall, this presentation covers:
*What is Digital marketing?
*What is the purpose of Digital marketing?
*Effective Digital marketing
*Benefits of Digital marketing?
The document is a seminar presentation on flagella and motility. It contains 18 slides that discuss the introduction, definition, chemical composition, structure, types, synthesis, importance and functions of bacterial flagella. The slides describe the key components of the flagella including the basal body embedded in the cell, the hook structure, and the long filament. It explains how flagella are made of protein, lipid and carbohydrate and that around 50 genes are required for their synthesis and function. The presentation also covers the different patterns of flagellation in bacteria and how flagella allow for motility and other functions like feeding, respiration and circulation in certain organisms.
This editorial provides context for a special edition of the Liverpool Law Review focusing on gender, sexuality, and law from a socio-legal perspective. It discusses the definition and scope of socio-legal studies and notes debates around whether it is more about "law" or the "social." The editorial also explores the development of gender, sexuality, and law as a field of scholarship and its relationship to socio-legal studies. It highlights how recent social and political issues have stimulated legal and academic focus on topics of gender and sexuality.
Learning Outcome: After completing the lesson students will be able to -
a) comprehend the scope and variety of legal research
b) prepare for learning about the different features of the legal doctrine
World Without Law Professors: Legal Research and EducationPreeti Sikder
- Law professors play an important role in conducting legal research that benefits both the academic world and legal system. However, there are differing views on the types and value of legal research.
- Doctrinal research involves analyzing legal rules and principles to establish coherence and clarify ambiguities. It is important for consolidating dispersed legal materials but may lack theoretical ambition.
- "Deep" or non-doctrinal research, such as interdisciplinary legal fields, better qualifies as academic by transcending what practitioners can do. However, dispersing legal scholars may diminish engagement between them.
- Without law professors, doctrinal research could still be conducted by practitioners, but diversity and impact of legal research may decrease as deep
1. C.R.B. Dunlop discusses the law and literature movement in law schools, which focuses on either "law in literature" by examining how law is portrayed in fiction, or "law as literature" by analyzing legal writing as a literary form.
2. There are debates around whether law and literature should be part of the core law school curriculum or only electives. Interdisciplinary approaches are also changing what is considered the scope of legal studies.
3. Dunlop argues that while the law and literature movement has brought more attention to the human aspects of law, more theoretical work is still needed to better define and situate the approach within legal academia. Literature can provide important context and perspectives missing
This paper is an attempt to explicate the theoretical relationship between psychoanalysis and the law
for those who are approaching this topic for the first time. It explains the need for such a discourse by situating
it within the tradition of interdisciplinary approaches to the law in Anglo-American academia. The part played
by discursive predecessors (such as the ‘law and psychiatry’ movement and the ‘psychoanalysis of crime’)
anddiscursive contemporaries (such as ‘law and economics’ and ‘law and literature’) are also discussed. The
success of these applications of psychoanalysis is then invoked to make a case for the law and
psychoanalysismovement in law schools. One of the goals of this theoretical movement, needless to say, is to
formalize the notion of the legal subject by applying the theories of subjectivity that are available in the work of
European psychoanalysts like Sigmund Freud and Jacques Lacan. The paper concludes by calling attention to
not only the generic forms in which this is already being done by a number of scholars in law schools and in the
legal literature, but also deploys the concepts of Freudian metapsychology that are relevant to doing so
This document provides an introduction to legal research methodology. It begins by distinguishing between research methods and research methodology, with the latter referring to determining the appropriate tools or methods for a given research question. The document then classifies different types of legal research such as descriptive, exploratory, and hypothesis testing research. It notes that each research question implies different appropriate methods.
The document discusses legal research paradigms, noting that paradigms determine what topics are suitable to study and what methodologies are acceptable. It identifies doctrinal legal research as the accepted paradigm for lawyers. Doctrinal research involves the analysis of legal rules and texts to formulate legal doctrines. Finally, the document argues that legal research has both herm
Debate on the Responsibilities of Stakeholders in Justice (from Theory to Pra...AJHSSR Journal
This document summarizes a research paper that examines the responsibilities of stakeholders in the justice system from a theoretical and practical perspective. It discusses key concepts related to human rights, privacy, justice, and ethics. The paper presents the scientific method used, including an exploratory qualitative approach involving bibliographic research and literature review. Fundamental concepts analyzed include honesty, equality, inclusion, human dignity, and the values of honesty such as respect, integrity, and justice. The goal is to contribute to the debate around understanding concepts of justice within legal and social sciences.
1. Judge Richard Posner delivered a lecture in 1975 introducing the emerging field of law and economics, which applied economic principles to analyze legal institutions and behavior.
2. He argued that many legal doctrines and institutions could be understood as efforts to promote efficient resource allocation. Individuals and organizations, whether in markets or not, generally act as rational maximizers of their interests.
3. Applying economic analysis allowed predicting how litigants would behave and evaluating the efficiency of different legal rules and systems. It also provided a framework for empirical study of the law.
4. While efficiency was not the only consideration, identifying inefficient areas could suggest reforms conditional on societal values. The analysis was meant to be positive rather than norm
Introduction to english jurisprudence (1)AQSA SHAHID
Jurisprudence is the study of fundamental legal principles and their relationship to other social sciences. It is derived from the Latin terms "juris" meaning law and "prudentia" meaning knowledge. Jurisprudence has three main branches: historical jurisprudence examines the origins and development of law; analytical jurisprudence analyzes basic legal concepts and principles; and ethical jurisprudence approaches law from an ethical perspective of how it should ideally be. Jurisprudence has practical applications such as providing terminology to legislators, filling gaps in laws, and helping legal professionals better understand statutes. It also relates to other fields like sociology, psychology, economics, and politics that influence and are influenced by legal systems.
This document provides a lengthy review and summary of the book "Lacan and the Subject of Law" by David S. Caudill. It discusses how the book applies psychoanalytic concepts from Jacques Lacan to legal theory in the United States. The review summarizes the key differences between common law and French legal systems, and how this impacts the application of French theoretical frameworks to American law. It also outlines the book's structure, topics covered in each part, and Caudill's approach to the challenging task of integrating psychoanalysis into legal scholarship.
1) Law and society is an interdisciplinary field that applies social science tools to study legal systems. It has grown into its own with strong organizations and is now considered a mature field of study.
2) The field brings together social scientists from various disciplines who study how legal systems work and their impacts. There is no single definition of law that applies across different societies and legal traditions.
3) Key aspects of legal systems studied include substantive law, procedures, structures, and legal culture. Scholars focus on both the forces that produce law and the actual impacts of laws.
A Content Analysis Of Arguing Behaviors A Case Study Of Romania As Compared ...Daniel Wachtel
This document presents a study that examines arguing behaviors in Romania and the United States through a content analysis of self-reports from Romanian and American participants. The study found differences between the two cultures in topics argued about, arguing partners, appropriateness of arguing, and role of arguing. No differences were found in goals pursued during arguments. The discussion provides characterization of arguing in each culture and implications are addressed.
Critical legal studies is the first left-wing legal movement in the US to advocate for progressive politics and perspectives in legal scholarship. The emergence of the Conference on Critical Legal Studies is significant as it raises the prospect of generating impact comparable to legal realism and forcing engagement with the nature of legal scholarship. This essay aims to assess the significance of critical legal studies by examining its distinguishing theoretical orientations and methodology, addressing whether it achieves coherent theoretical syntheses or suffers from incoherent eclecticism. The movement is united through the Conference on Critical Legal Studies but also diverse in its theoretical inspirations.
1. Legal Research Methods slide-one_5965173321.pptxsadiqfarhan2
This document provides an overview of a course on legal research methodology. It discusses the objectives of the course, which are to provide students with basic knowledge and competence in legal research. It explains the different elements, types, and purposes of legal research. The document outlines the major topics that will be covered in the course, including the relationship between law and society, the role of law in socio-economic development, different types of legal research, methods and sources used, and the stages of conducting legal research. It also discusses perspectives and challenges related to legal research in Ethiopia.
Judge Richard Posner published three papers in 1980, 1987, and 1993 analyzing the state of legal scholarship in US law schools. In the 1980 paper, he described three types of legal scholarship: doctrinal analysis, positive analysis, and normative analysis. Doctrinal analysis involves careful examination of case law, while positive analysis seeks to understand what the law is and normative analysis proposes what the law should be. In subsequent papers, Posner observed the decline of doctrinal analysis and rise of interdisciplinary scholarship applying fields like economics to the law. He argued supplemental external perspectives were needed but that different approaches to scholarship can coexist through mutual respect.
This document provides an overview and outline for a library research session on research methods. It covers topics such as defining a literature review, understanding authority and peer review in scholarly sources, common types of scholarly sources such as books, journal articles, and gray literature, how to read and understand a scholarly citation, using subscription databases to find full text articles, principles of effective searching including developing search strategies with keywords, synonyms, and Boolean operators, and exercises for students to practice searching skills. The document is intended to help students learn foundational concepts for conducting effective academic research using library resources.
Debate on the Quality of Judicial Decisions (from Theory to Practice)AJHSSR Journal
ABSTRACT : The judicial decision is much more than compliance with legal norms, the judicial production of the law itself is present.
There are methods to optimize judgment by granting it reliability, but the study-debate on optimization mechanisms have been continually
disregarded. The process of judicial decision-making is one of the most complex, since this decision escapes in its essence the Theory and
Philosophy of Law and fits more deeply into the intimacy of the "agent" of the decision whose universe is to be understood. The authority it
judges fulfils a duty of State and at the same time exercises a flexible part of its own obligations and limits in the isolation of its
individuality and under the flow of procedures that hang between the content of the decision and its formal externalization, the
judgment.The theme of the judicial decision on which this reflection intends to delimit the epistemic fields that law faces: the problem of
unlimited space that contemplates the debate on the rational production of decisions and aims to contribute to the advancement of the bases
of theoretical and practical rigor necessary for the constitution of a Theory of Judicial Decision. This research seeks to visualize the
growing, complex and sophisticated context in which Western democracies have witnessed the increase of rational demands for the
improvement of human rights guarantee institutions.
KEYWORDS: Secrecy of Justice, Freedom, Ethics, Judicial Decision, Performance Indicators of Judicial Decision (KPi's).
Reflection Of Political Science
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Indonesian Manpower Regulation on Severance Pay for Retiring Private Sector E...AHRP Law Firm
Law Number 13 of 2003 on Manpower has been partially revoked and amended several times, with the latest amendment made through Law Number 6 of 2023. Attention is drawn to a specific part of the Manpower Law concerning severance pay. This aspect is undoubtedly one of the most crucial parts regulated by the Manpower Law. It is essential for both employers and employees to abide by the law, fulfill their obligations, and retain their rights regarding this matter.
A Critical Study of ICC Prosecutor's Move on GAZA WarNilendra Kumar
ICC Prosecutor Karim Khan's proposal to its judges seeking permission to prosecute Israeli leaders and Hamas commanders for crimes against the law of war has serious ramifications and calls deep scrutiny.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
1. Electronic copy available at: http://ssrn.com/abstract=1511112Electronic copy available at: http://ssrn.com/abstract=1511112
Introduction
REZA BANAKAR AND MAX TRAVERS
M
OST OF THE papers in this collection were presented at a work-
shop that took place on research methods at the International
Institute for Sociology of Law, Oñati, Spain in April 2003.1
They
illustrate how a range of topics, including EU law, ombudsmen, judges,
lawyers, Shariah Councils and the quality assurance industry can be
researched from a socio-legal perspective. The objective of the collection is
not, however, simply to present an interesting set of papers, but to use them
to explore how different methods can be used in researching law and legal
phenomena, and how methodological issues and debates in sociology are
relevant to the study of law.
Numerous methods texts and handbooks exist for researchers working
in the fields of educational research, media studies, nursing, management,
social work, criminology and even leisure and tourism. There is, however,
no text that covers how one can do research about law and legal processes
from a variety of social scientific standpoints.2
Many socio-legal researchers
would argue that their undertaking requires no special methods besides
those already used in social sciences. Law is, after all, only a social institu-
tion, in the same way as religion, medicine or education, and can be stud-
ied using the same methods and techniques. Having said that, criminology
also requires no special research methods besides those already developed
and used by mainstream sociology. Criminologists are, nonetheless, keen to
produce methods textbooks on how to research crime and criminal justice
and debate methodological issues arising out of their research.3
1
It also developed out of a workshop that took place in Oxford in September 2000, and
two sessions on methodology organised for the first time at the Socio-Legal Studies
Association annual conference in Nottingham in April 2003.
2
Some of the earlier edited collections included a section on doing research—for example
see RJ Simon, (ed), The Sociology of Law (San Francisco, CA, Chandler, 1968)—but more
recent collections make no similar attempts to focus on the methodological issues of socio-
legal research.
3
For examples see V Jupp, Methods of Criminological Research (London, Routledge, 1999)
and FE Hagan, Research Methods in Criminal Justice and Criminology (New York, NY, Allyn
& Bacon, 2001). An issue of the British Journal of Criminology was devoted to discussing the
methodological dilemmas of criminological research. See (2000) 41 British Journal of
Criminology.
2. Electronic copy available at: http://ssrn.com/abstract=1511112Electronic copy available at: http://ssrn.com/abstract=1511112
As we shall argue in chapter 1, too great a concern with following a pre-
scribed method can limit creativity in research by imposing a standard way
of investigating law and legal institutions. From this standpoint, the
absence of a methods text might be seen as a good thing: it helps to main-
tain socio-legal research as a truly interdisciplinary field which is open to
theoretical diversity and innovation. Alternatively, it could indicate a lack
of interest among socio-legal researchers to engage in social scientific
debates on methodology. This indifference towards methodology might be
explained in terms of the relative isolation of law schools, which still pro-
vide a home for much of socio-legal research, or because many of those who
do socio-legal research are not trained in social sciences. Using a similar
explanation we could say that criminologists are interested in writing about
methods and debating methodology partly because they are, unlike most
socio-legal researchers, based at social science faculties where problems of
research method and issues of methodology loom large.4
Whatever the reason for this ‘anomaly’, it has at least one important
implication for socio-legal research. The absence of methods texts means
that the experiences of researching law which were gained by one genera-
tion are not readily available in a systematic fashion to the next generation.
This makes teaching socio-legal research difficult, and can disrupt attempts
to develop robust or cumulative scholarly traditions.5
In this connection, we
should not underestimate the achievements of socio-legal researchers in
using various empirical methods to study what is legal about legal process-
es, legal institutions and legal behaviour. These legal properties are not the
primary concern of social scientists whose specialisations and interests do
not include law and are, therefore, not addressed in their methodological
writings and debates. Non-socio-legal methods textbooks tell us about the
various techniques of data collection and analysis through surveys, inter-
views, participant observation or discourse analysis and introduce us to the
broader methodological debates which engage many social scientists. Yet,
they do not tell us the first thing about what it means to interview judges
or lawyers in different jurisdictions, observe mediation, dispute resolution
or other forms of negotiation in the context of different legal cultures or
analyse legal documents in a sociological way.
x Reza Banakar and Max Travers
4
Compared to socio-legal studies and sociology of law, criminology is a well-established
discipline which is taught at all social science faculties. It is reasonable to expect that criminol-
ogy’s disciplinary standing helps to motivate many criminologists to produce methods text-
books and debate methodology. We could, however, turn this argument around and ask if the
absence of similar concern with methodological issues of socio-legal studies is not one of
the factors hindering its transformation into an academically stronger field of research and
teaching?
5
Not surprisingly, there have been similar discontinuities in socio-legal theorising. For a dis-
cussion see R Banakar, Merging Law and Sociology (Berlin, Galda & Wilch, 2003).
3. The collection of papers presented in this volume does not aim to fill the
methodology vacuum within socio-legal studies. Instead, it make a modest
attempt to draw attention to the need to reflect on the methodological
issues of socio-legal research and to show that socio-legal research can gain
from the general debates on methodology.
A. SOCIO-LEGAL RESEARCH, LAW AND SOCIAL SCIENCES
Socio-legal studies in the UK, which provides the context of the discussions
here, in chapter 1 and in the final section of the book, has grown mainly
out of law schools’ interest in promoting interdisciplinary studies of law.
Whether socio-legal studies is regarded as an emerging discipline, sub-
discipline or a methodological approach, it is often viewed in the light of its
relationship to, and oppositional role within, law.6
In that sense it should
not be confused with legal sociology of many West European countries or
the Law and Society scholarship in the US, which foster much stronger dis-
ciplinary ties with social sciences. The Annual Conference of the Socio-
Legal Studies Association in 2003 was attended by 370 UK academics, 87%
of whom were based in law departments.7
This shows that lawyers, and not
social scientists, are the main actors in the field of socio-legal research in the
UK.
To further clarify the status and approach of socio-legal studies, we could,
as Wiles and Campbell did some thirty years ago, contrast it with the sociol-
ogy of law. The sociology of law receives its intellectual imputes mainly from
mainstream sociology and aims to transcend the lawyer’s focus on legal rules
and legal doctrine by remaining ‘exogenous to the existing legal system’, in
order to ‘construct a theoretical understanding of that legal system in terms
of the wider social structures’.8
That is why ‘the law, legal prescriptions and
legal definitions are not assumed or accepted, but their emergence, articula-
tions and purpose are themselves treated as problematic and worthy of
study’.9
Socio-legal studies, on the other hand, often employs sociology (and
other social sciences) not so much for substantive analysis, but as a tool for
data collection.
Admittedly, socio-legal studies has developed and become theoretically
and methodologically diverse since Wiles and Campbell introduced their
ideal typical distinction between the two approaches mentioned above.
Introduction xi
6
See PA Thomas, ‘Introduction’ in PA Thomas, (ed), Legal Frontiers (Aldershot,
Dartmouth, 1996) 3.
7
Also see The Nuffield Inquiry on Empirical Research in Law at http://www.ucl.ac.uk/
laws/genn/empirical/docs/background.doc.
8
See CM Campbell and P Wiles, ‘The Study of Law in Society in Britain’ (1976) 10 Law
and Society Review 553.
9
Ibid.
4. Socio-legal research has, for example, become on the whole less empirical—
to the extent that some senior researchers in the field have declared a state
of emergency to save the empirical studies of law.10
At the same time, forms
of discourse analysis, cultural studies, feminism and postmodern schools of
thought have gained ground within socio-legal research. This development
is captured in more recent attempts to define the aims and disciplinary
boundaries of socio-legal research not so much in relation to empirical
research, but in terms of academic competition within law. Wheeler and
Thomas, for example, perceive socio-legal studies as an interdisciplinary
alternative and a challenge to doctrinal studies of law. For them the ‘socio’
in socio-legal studies does not refer to sociology or social sciences, but rep-
resents ‘an interface with a context within which law exists’.11
That is why,
when socio-legal researchers use social theory for the purpose of analysis,
they often tend not to address the concerns of sociology or other social sci-
ences, but those of law and legal studies.
We are, however, arguing that the separation between the sociology of
law and socio-legal studies is an obstacle which hinders the development of
the social scientific studies of law.12
We hope that the chapters in this vol-
ume demonstrate that social scientific studies of law can break new grounds
and become a serious contender to the traditional forms of legal research
first, and only if, they develop a genuine awareness of the consequences of
social scientific debates for their research practices. All the contributors to
this collection, whether based at law schools or social science departments,
are grappling with these issues, but also recognising the need to transcend
beyond the boundaries of established disciplines such as law, sociology,
political science or social anthropology. Socio-legal researchers show a far
more sophisticated awareness, than in previous years, of different app-
roaches in sociology, and recognise that there is always more to learn by
participating in methodological debate. Sociologists and social anthropolo-
gists are, increasingly, recognising the need to address and understand the
content of law. Anne Griffiths, to give one example, argues convincingly in
her conclusion to chapter 6 that ethnography provides the most effective
method for achieving this insight. There are many good examples of suc-
cessful analysis of the substantive contents of law through sociological
methods and theories from Max Weber’s analysis of legal ideas and institu-
tions to Doreen McBarnet’s classical study of conviction and Yves Dezalay
xii Reza Banakar and Max Travers
10
See The Nuffield Enquiry on Empirical Research in Law, above, n 7.
11
S Wheeler and PA Thomas, ‘Socio-Legal Studies’ in DJ Hayton, (ed), Law’s Future(s)
(Oxford, Hart Publishing, 2002) 271. Also see PA Thomas, ‘Socio-Legal Studies: The Case of
Disappearing Fleas and Bustards’ in PA Thomas, (ed), Socio-Legal Studies (Aldershot,
Dartmouth, 1997).
12
For a more detailed discussion see Banakar, above, n 4.
5. and Bryant Garth’s study of international commercial arbitration.13
These
studies show that social sciences do not need to limit the scope of their stud-
ies to the external behavioural and institutional aspects of law and can, in
fact, grasp and analyse the internal constitution of the law.
B. THE STRUCTURE OF THIS COLLECTION
This collection consists of sixteen chapters. The first chapter considers the
nature of socio-legal research by examining the different perspectives of
lawyers and sociologists and the challenges that arise in doing interdiscipli-
nary work. Our main argument is that these perspectives are necessarily
very different. Sociologists need to appreciate how academic and practicing
lawyers approach, describe and use law. Similarly, socio-legal researchers,
whose academic background is in law, but wish to do more than simply
write generally about ‘the law in context’, must somehow find their way
around the theoretical and philosophical debates that constitute sociology
as an academic discipline.
We will present the remaining fifteen chapters in six sections. The first
section on ‘Method Versus Methodology’ contrasts two papers, by John
Flood and Klaus A Ziegert, which discuss how qualitative methods can be
used to address law from opposing theoretical perspectives. Flood is an
interpretivist, influenced by symbolic interactionism, an approach which is
committed to addressing the perspective of the social actor. Ziegert is a sys-
tems theorist working in the tradition of Niklas Luhmann, and so argues
that ethnographic research of this kind is limited, and not sufficiently con-
cerned with ‘universals’. By contrasting these two approaches, which are
articulated by Flood and Ziegert, we hope to demonstrate a fundamental
(paradigmatic) difference in the study of law and society.
The next section on ‘Ethnography and Law’ contains three chapters by
Thomas Scheffer, Samia Bano and Anne Griffiths. Scheffer’s research uses
actor-network theory to describe the work of judges and lawyers. Bano and
Griffith’s chapters adopt a feminist qualitative approach to law. These
papers are grouped together here because, each in its own way, uses field-
work and presents an ethnographic approach to the study of legal phenom-
ena. Scheffer uses ethnography to study the everyday practices of legal
work, Bano uses ethnographic observation to research the use of unofficial
legal bodies, such as the Shariah Councils, by South Asian Muslim women
living in Britain and Griffiths uses the fieldwork she carried out in southern
Introduction xiii
13
M Weber, Max Weber on Law in Economy and Society (Cambridge, MA, Harvard
University Press, 1954); DJ McBarnet, Conviction: Law, the State and the Construction of
Justice (London, Macmillan, 1981); Y Dezalay and B G Garth, Dealing in Virtue (Chicago, IL,
University of Chicago, 1996).
6. Africa, among Bakwena, to document how people experience law in their
daily life and to challenge the western notions of law.
The papers in section three by Reza Banakar Mary Seneviratne and
Bettina Lange present different forms textual analysis. Banakar and
Seneviratne focus on how to use textual and discourse analysis to study the
institute of ombudsman. In addition, Banakar draws attention to the empir-
ical properties of legal cases and how they can be used to carry out socio-
logical studies of legal regulation and institutions. Lange’s chapter, on the
other hand, uses discourse analysis to examine the socio-legal mechanisms
of the European Union in an attempt to generate new insights in the EU law.
Section four on ‘Structural Approaches’ consists of two chapters. The
first chapter by Ole Hammerlsev shows how a sociological method inspired
by Pierre Bourdieu can be employed in the study of law. The second chap-
ter by John Paterson and Gunther Teubner contains an empirical study
informed by autopoiesis theory. Hammerslev shows how Bourdieu’s theory
may be employed empirically to understand legal institutions and to exam-
ine the social construction of the legal profession. Paterson and Teubner
provide a clear and thoughtful understanding of how autopoiesis can be
used to conduct socio-legal research by examining the conflicts between
regulators, offshore oil industry and engineers. Despite the apparent differ-
ences between the theoretical frameworks used by Hammerslev and
Paterson, both these approaches represent examples of how structural func-
tionalism can be used to study law.
In section five we turn our attention to how the concept of ‘legal culture’
can be used to conduct socio-legal research. The first chapter in this section
is by David Nelken, who provides an overview of comparative socio-legal
research into criminal justice systems from a cultural standpoint. Nelken
also describes some of the conceptual and methodological issues arising out
of doing research in, and about, different (legal) cultures. The second chap-
ter is by Marina Kurkchiyan who also engages with problems of studying
legal cultures, but this time in the context of the recent transformation of
the Russian legal system and with the intention to explain how law is con-
ceived in post-soviet Russia. Kurkchiyan’s chapter provides an insightful
account of the process involved in the study of a legal culture in transition.
Scholars based in different countries and representing different traditions
of research wrote the first five sections of this book. These studies were
organised in accordance with their methodological orientations, rather than
the national origins of their authors. Presenting these studies without tak-
ing into account the tradition of research in various countries gave an
overview of how socio-legal research is developing. Needless to say, the
studies presented here do not provide us with a sufficiently broad interna-
tional base for generalising about the direction of socio-legal research
worldwide. Yet, they do give us a general idea about methods, theories and
xiv Reza Banakar and Max Travers
7. research topics, which appeal to socio-legal researchers in some West
European countries.14
In the final part of this book, in section six, we turn our attention to how
socio-legal research has developed in the UK. Michael Adler provides an
example of the applied research conducted for government agencies. He
describes what was involved in designing questions for a national survey to
investigate people’s experiences of administrative bureaucracies and how
they pursue complaints about government departments and public bodies.
The two concluding papers, by Andrew Boon and Max Travers, look at
changes in the research environment that may have important consequences
for socio-legal research: the rise of the ethics committee, and pressures to
conduct evaluation research. The last section has a slightly different focus
also in that we are looking at the debate between policy and pure research,
which is particularly relevant at the moment when there is great pressure to
gear our activities as researchers and the university curriculum to the needs
of government agencies.
This is, to some extent, an arbitrary division of the papers, although it
allows us to show how the general debates in sociology, and methodologi-
cal issues that we review in this introductory chapter, are relevant to socio-
legal research. We will also use the section introductions to explain bodies
of theory or methodological issues raised in the papers, so we hope that
reading the papers in conjunction with the introductions should provide
some useful insights, and suggest further reading in the same way as our
text on law and social theory.15
We should make it clear at the outset that only a limited range of theo-
retical traditions were represented at the workshop, and we are not trying
to produce a general handbook that demonstrates systematically how social
scientists can study socio-legal topics. There was a lively debate between
ethnographers in the symbolic interactionist and ethnomethodological tra-
ditions and researchers influenced by systems theory, but many method-
ological positions were not represented, so we did not have, for example, a
debate between poststructuralists and critical theorists, nor did we explore
the distinction between particular approaches within one methodological
camp. There is, however, no need for this book to be comprehensive. We
will simply be trying to convey the critical discussions about the nature of
law as a topic and the difficulty of studying it that took place during the
workshop.
Introduction xv
14
There are no studies in this book by researchers from certain parts of the world, such as
Africa, Asia and South America. As wa result this collection should be read mainly as a West
European debate on theory and methods.
15
See R Banakar and M Travers, Introduction to Law and Social Theory (Oxford, Hart
Publishing, 2002).
8. We are pleased that the collection contains contributions from socio-legal
researchers working or researching in a number of countries, including
Australia, Denmark, Germany, Italy, Russia, Sweden and United Kingdom.
We hope that the examples we use will demonstrate why methodological
debate and discussion is valuable for socio-legal research, and indeed the
only way forward to develop the field. We would also ideally like the book
to raise questions and problems, rather than giving the impression that
everyone agrees over how to study the social world.
ACKNOWLEDGEMENTS
We are grateful to the International Institute for the Sociology of Law for
supporting our workshop in March 2003 and facilitating the publication of
this volume. We would also like to thank the contributors for their commit-
ment and patience—there was a long editing and reviewing process, but we
are pleased that the collection has finally been published. The ideas and
arguments are certainly still current!
We acknowledge permission from Social and Legal Studies to publish
material from Volume (1999) 7(4) entitled ‘Changing Maps: Empirical
Legal Autopoiesis’ in chapter 11.
xvi Reza Banakar and Max Travers