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Socio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science. The papers in this volume 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 to show how different methods can be used in researching law and legal phenomena, how methodological issues and debates in sociology are relevant to the study of law, and the importance of the debate between "structural" and "action" traditions in researching law. It also approaches the methodological problem of how sociology of law can address the content of legal practice from a variety of perspectives and discusses the relationship between pure and applied research. The editors provide a critical introduction to each of the six sections, and a general introduction on law, sociology and method. The collection will provide an invaluable resource for socio-legal researchers, law school researchers and postgraduates.
The essays in this volume analyse feminism's positioning vis-� -vis international law and the current paradigms of international law. The authors argue that, willingly or unwillingly, feminist perspectives on international law have come to be situated between 'resistance' and 'compliance'. That is, feminist scholarship aims at deconstructing international law to show why and how 'women' have been marginalised; at the same time feminists have been largely unwilling to challenge the core of international law and its institutions, remaining hopeful of international law's potential for women. The analysis is clustered around three themes: the first part, theory and method, looks at how feminist perspectives on international law have developed and seeks to introduce new theoretical and methodological tools (especially through a focus on psychoanalysis and geography). The second part, national and international security, focuses on how feminists have situated themselves in relation to the current discourses of 'crisis', the post-9/11 NGO 'industry' and the changing discourses of violence against women. The third part, global and local justice, addresses some of the emerging trends in international law, focusing especially on transitional justice, state-building, trafficking and economic globalisation.
Getting a PhD in Law is a unique guide to obtaining the degree of Doctor of Philosophy of Law in the UK. While there is a wide range of study guides for PhD students in the social sciences and other science-based disciplines, there is very little information available on the process of obtaining a PhD in law. Research degrees in law share some attributes with those in related disciplines such as the humanities and social sciences. However, legal methodology and the place of the PhD in law in the young lawyer's career create unique challenges that have not been addressed by existing guides. Getting a PhD in Law fills this clear gap in the market, providing an accessible guide to the PhD process from topic selection to thesis publication. This readable and informative guide draws on interviews and case studies with PhD students, supervisors and examiners. Getting a PhD in Law will be essential reading for the growing numbers of PhD students in the UK's many law schools-and those internationally who wish to learn from UK best practice.
This book of eleven chapters and an Introduction is by and about women, the harms and crimes to which they are subjected as a result of global social processes and their efforts to take control of their own futures. The chapters explore the criminogenic and damaging consequences of the policies of the global financial institutions as well as the effects of growing economic polarisation both in pockets of the developed world and most markedly in the global south. Reflecting on this evidence, in the Introduction the editors necessarily challenge existing criminological theory by expanding and elaborating a conception of social harm that encompasses this range of problems, and exposes where new solutions derived from criminological theory are necessary. A second theme addresses human rights from the standpoint of indigenous women, minority women and those seeking refuge. Inadequate and individualised as the human rights instruments presently are, for most of these women a politics of human rights emerges as central to the achieving of legal and political equality and protection from individual violence. Women in the poorest countries, however, are sceptical as to the efficacy of rights claims in the face of the depredations of international and global capital, and the social dislocation produced thereby. Nonetheless this is a hopeful book, emphasising the contribution which academic work can make, provided the methodology is appropriately gendered and sufficiently sensitive in its guiding ideology and techniques to hear and learn from the all too often 'glocalised' other. But in the end there is no solution without politics, and in both the opening and the closing sections of this book there are chapters which address this. What continues to be special about women's political practice is the connection between the groundedness of small groups and the fluidity and flexibility of regional and international networks: the effective politics of the global age. This book, then, is a new criminology for and by women, a book which opens up a new criminological terrain for both women and men - and a book which cannot easily be read without an emotional response.
Perhaps more than any other social theorist in recent history, Niklas Luhmann's work has aroused extreme, and often antagonistic, responses. It has generated controversies about its political implications, its resolute anti-humanism and its ambitious critique of more established definitions of society, social theory and sociology. Now, however, a steadily growing number of scholars working in many different disciplines have begun to use aspects of Luhmann's sociology as an important methodological stimulus and as a theoretical framework for reorientating their studies. This collection of essays includes critical and reconstructive contributions by a number of distinguished social theorists, political theorists, legal scholars and empirical sociologists. Together, they provide evidence of Luhmann's extensive and diverse relevance to the issues facing contemporary society, and, at the same time, they enhance our understanding of the challenges posed by his theoretical paradigm to more traditional conceptions of social theory.
The expression 'the criminal question' does not at present have much currency in English-language criminology. The term was carried across from Italian debates about the orientation of criminology, and in particular debates about what came to be called critical criminology. One definition offered early in the debate described it as 'an area constituted by actions, institutions, policies and discourses whose boundaries shift'. According to this writer, crime, and the cultural and symbolic significance carried by law and criminal justice, is an integral aspect of the criminal question. 'The criminal question' draws attention to the specific location and constitution of a given field of forces, and the themes, issues, dilemmas and debates that compose it. At the same time it enables connections to be made between these embedded realities and the wider, conceivably global, contours of influence and flows of power with which it connects. This in turn raises many questions. How far do the responses to crime and punishment internationally flow from and owe their contemporary shape to the cultural and economic transformations now widely known as 'globalisation'? How can something that is in significant ways embedded, situated, and locally produced also travel? What is not in doubt is that it does travel - and travel with serious consequences. The international circulation of discourses and practices has become a pressing issue for scholars who try to understand their operation in their own particular cultural contexts. This collection of essays seeks a constructive comparative view of these tendencies to convergence and divergence.
This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.

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