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Author: Michael Giudice
Publisher: Edward Elgar Publishing
ISBN: 1839103221
Category : Law
Languages : en
Pages : 160
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Book Description
This illuminating book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law.
Author: Michael Giudice
Publisher: Edward Elgar Publishing
ISBN: 1839103221
Category : Law
Languages : en
Pages : 160
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Book Description
This illuminating book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law.
Author: Carlo Focarelli
Publisher: OUP Oxford
ISBN: 0191632198
Category : Law
Languages : en
Pages : 632
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Book Description
The book distils and articulates international law as a social construct. It does so by analysing its social foundations, essence, and roots in practical and socially workable (as opposed to 'pure') reason. In addition to well-known doctrines of jurisprudence and international law, it draws upon psycho-analytic insights into the origins and nature of law, as well as philosophical social constructivism. The work suggests that seeing law as a social construct is crucial to our understanding of international law and to the struggle to create better working rules. The book re-conceptualizes both past and new doctrines of international law as 'constructs', namely, as strategies of concomitantly de-mythologizing and re-mythologizing international law. Key areas of international law, including subjects, sources, hierarchy, values, and remedies, are shown to be part of this process. The social impact on international law of transnational actors and stakeholders, normative fragmentation, global justice, legitimacy of both rules and players, dynamics and hierarchization of norms, compliance and implementation in municipal law is also extensively investigated. Five basic values of the international community, namely security, humanity, wealth, environment, and knowledge, are explored by stressing their inter- and intra-tensions. Finally, the analysis is extended to the role that international courts play in the prosecution of heads of state and other transnational players who violate international law.
Author: Bernie Koenig
Publisher: University Press of America
ISBN: 9780761829041
Category : Law
Languages : en
Pages : 356
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Book Description
Natural Law, Science, and the Social Construction of Reality looks at changes in knowledge and the relationship to values from the modern era to today. Author Bernie Koenig examines Newton's influence on Locke and Kant, how Kant influenced Darwin and Freud, and the implications of their work for both anthropology and moral theory.
Author: Carlo Focarelli
Publisher: OUP Oxford
ISBN: 9780199584833
Category : Law
Languages : en
Pages : 0
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Book Description
This book explores international law as a social construct by analysing its social foundations and by re-conceptualizing the way in which it is commonly understood. It asks what law is and how it works in society, and shows why it is worth to struggle for new and better-working rules in the international legal order.
Author: Mia Cahill
Publisher: Routledge
ISBN: 1000160246
Category : Law
Languages : en
Pages : 81
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Book Description
This title was first published in 2001. The global legal landscape is littered with attempts to provide context and meaning for sexual harassment law. Most have failed because they have limited themselves to the mere words of law. This cross-national study is the first to expand our notion of sexual harassment law and implementation by exposing the relationship between law and its social context, demonstrating how this fundamentally influences legal understandings and outcomes. Taking a unique theoretical approach, this book explores perceptions of law within national, corporate and the individual contexts, analyzing the potentials of each level to influence the social understanding of law and the wider role of law in society itself. The result is a pioneering work of fresh insight which will appeal to a broad range of academic disciplines.
Author: Larry Barnett
Publisher: Routledge
ISBN: 1351509160
Category : Social Science
Languages : en
Pages : 194
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Book Description
Based on sophisticated demographic analysis, Legal Construct, Social Concept argues that legal doctrine on social issues is shaped by the needs and values of society rather than by individuals and interest groups and that it evolves in response to social change but has little impact on that change. The book also explains why a substantial body of social science research has found that although law may be effective for some types of economic problems, its impact on social problems is generally small and of brief duration. At least in the United States, legal doctrine seems to operate primarily to provide symbols that enhance commitment to the social system and increase the cohesiveness of the system. Barnett's approach to legal thought derives from the practices and assumptions of the social sciences, particularly sociology, and not from those of critical legal studies. His main concern is with social issues issues that substantively differ from economic issues. In addressing legal thought on social problems with the conceptual framework and quantitative techniques of macrosociology, he considers a topic that is infrequently investigated and employs an approach that is infrequently used. To illustrate this thesis, Barnett presents data on social patterns relevant to three current issues: sex discrimination, age discrimination, and the availability of contraception and abortion. His analyses of these data are compared to constitutional philosophy, judicial rulings, and federal statutes. Barnett then turns from the evolution of legal doctrine in the past to its possible change in the future and considers whether active forms of euthanasia are likely to be legalized. He concludes with an exploration of additional issues for future research and theory.
Author: Oxford University Press
Publisher: Oxford University Press, USA
ISBN: 0199803706
Category : Social Science
Languages : en
Pages : 14
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Book Description
This ebook is a selective guide designed to help scholars and students of criminology find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. A reader will discover, for instance, the most reliable introductions and overviews to the topic, and the most important publications on various areas of scholarly interest within this topic. In criminology, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need. This ebook is a static version of an article from Oxford Bibliographies Online: Criminology, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study and practice of criminology. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.aboutobo.com.
Author: David Polizzi
Publisher:
ISBN: 9781447327356
Category : Crime
Languages : en
Pages : 97
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Book Description
It is well known that the social definition of individuals and ethnic groups helps legitimize how they are addressed by law enforcement. The philosophy of the social construction of crime and criminal behaviour reflects how individuals, such as police officers, construct meaning from the perspective from which they emerge, which in turn influences their law enforcement outlook. In the field, this is generally viewed through a positivist frame of reference which fails to critically examine assumptions of approach and practice. Written by an international specialist in this area, this is the first book which attempts to situate the social construction of crime and criminal behaviour within the philosophical context of phenomenology and how these constructions help inform, and ultimately justify, the policies employed to address them. Challenging existing thinking, this is essential reading for academics and students interested in social theory and theories of criminology.
Author: William N. Eskridge
Publisher: Harvard University Press
ISBN: 9780674218789
Category : Law
Languages : en
Pages : 460
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Book Description
Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.
Author: A. Beckmann
Publisher: Springer
ISBN: 0230244920
Category : Social Science
Languages : en
Pages : 262
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Book Description
This book deconstructs the pathologizing category of 'sadomasochism' in order to account for the 'lived realities' of consensual 'SM' play, emphasizing the connection between the corporeal and the political in contemporary consumer cultures. It discusses the homogenization of desire and ownership and use of 'body' and 'sexual ethics'.
