Women, Law and Culture

Women, Law and Culture
Author: Jocelynne A. Scutt
Publisher: Springer
Total Pages: 325
Release: 2017-02-17
Genre: Social Science
ISBN: 3319449389

This book explores cultural constructs, societal demands and political and philosophical underpinnings that position women in the world. It illustrates the way culture controls women's place in the world and how cultural constraints are not limited to any one culture, country, ethnicity, race, class or status. Written by scholars from a wide range of specialists in law, sociology, anthropology, popular and cultural studies, history, communications, film and sex and gender, this study provides an authoritative take on different cultures, cultural demands and constraints, contradictions and requirements for conformity generating conflict. Women, Law and Culture is distinctive because it recognises that no particular culture singles out women for 'special' treatment, rules and requirements; rather, all do. Highlighting the way law and culture are intimately intertwined, impacting on women – whatever their country and social and economic status – this book will be of great interest to scholars of law, women’s and gender studies and media studies.

Law, Culture, and Conflict

Law, Culture, and Conflict
Author: Eric A. Feldman
Publisher:
Total Pages: 0
Release: 2007
Genre:
ISBN:

The 1963 publication of Takeyoshi Kawashima's "Dispute Resolution in Contemporary Japan" has indelibly influenced the study of law and conflict in postwar Japan. A mere nineteen text pages of Arthur Taylor von Mehren's seven hundred-page volume, Law in Japan: The Legal Order in a Changing Society, Kawashima's observations about the infrequency of litigation in Japan, and his emphasis on the sociocultural context of conflict, continue to resonate. As a noted scholar of Japanese law has succinctly written, "Virtually every scholarly work [about Japanese law] in the last thirty-five years has been framed in some way or another by the conceptual construct Professor Kawashima offered." This chapter first identifies the central claims of Kawashima's article and evaluates their strengths and weaknesses. Next, it examines four types of scholarship on Japanese law that owe a significant debt to Kawashima: culturalist views of Japanese law, institutional analyses of the Japanese legal system, law and economics approaches to legal behavior in Japan, and case studies of Japanese law and society. In doing so, it further explores Kawashima's most significant contributions as well as his oversights. The article concludes with a brief discussion of the recent movement to reform the legal system, which seems likely to bring about at least some of the changes to dispute resolution that Kawashima predicted. Both too much and too little have been read into Kawashima's work. Its elegant simplicity hides a complex set of observations. At the same time, those observations can be clearly stated and evaluated.

Legal Pluralism in Conflict

Legal Pluralism in Conflict
Author: Prakash Shah
Publisher: Routledge
Total Pages: 213
Release: 2016-09-17
Genre: Law
ISBN: 1135308780

Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. Examining the limits of liberal legal thought in light of a contemporary plurality of ethnic identifications and religious beliefs, Prakash Shah takes up the case for a 'legal pluralism' that views ethnic minority laws in interaction with the official British legal order. This form of legal pluralism is not, however, without conflict. This book pursues a series of case studies that critically consider why and how state laws marginalise ethnic minority legal orders. Legal Pluralism in Conflict contains discussions of the recognition of polygamous marriages, homicide, the expertise provided in immigration cases and the legal discourse of nationality. It is in this engagement with some of the most challenging issues posed by the diverse character of modern society that its author sets out an alternative course for ethnic minority legal studies. Legal Pluralism in Conflict will be invaluable to students and researchers concerned with law's relationship to and treatment of ethnic and religious diversity, as well as to those with wider interests in the limits and possibilities of political pluralism.

Culture & Conflict Resolution

Culture & Conflict Resolution
Author: Kevin Avruch
Publisher: US Institute of Peace Press
Total Pages: 180
Release: 1998
Genre: Political Science
ISBN: 9781878379825

After years of relative neglect, culture is finally receiving due recognition as a key factor in the evolution and resolution of conflicts. Unfortunately, however, when theorists and practitioners of conflict resolution speak of culture, they often understand and use it in a bewildering and unhelpful variety of ways. With sophistication and lucidity, "Culture and Conflict Resolution" exposes these shortcomings and proposes an alternative conception in which culture is seen as dynamic and derivative of individual experience. The book explores divergent theories of social conflict and differing strategies that shape the conduct of diplomacy, and examines the role that culture has (and has not) played in conflict resolution. The author is as forceful in critiquing those who would dismiss or diminish culture s relevance as he is trenchant in advocating conflict resolution approaches that make the most productive use of a coherent concept of culture. In a lively style, Avruch challenges both scholars and practitioners not only to develop a clearer understanding of what culture is, but also to take that understanding and incorporate it into more effective conflict resolution processes."

Handbook on Legal Cultures

Handbook on Legal Cultures
Author: Sören Koch
Publisher: Springer Nature
Total Pages: 1171
Release: 2023-05-30
Genre: Law
ISBN: 3031277457

Cooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.

Law in Culture and Society

Law in Culture and Society
Author: Laura Nader
Publisher: Univ of California Press
Total Pages: 467
Release: 1997-04-25
Genre: Law
ISBN: 0520208331

"A classic collection in the anthropology of law. While some exceptionally good descriptive work is presented, the volume is particularly valuable in providing a range of thoughtful, engaged, and empirically grounded theoretical explorations of issues in the comparative study of law and conflict."—Donald Brenneis, author of Dangerous Words

Cultural Expertise and Litigation

Cultural Expertise and Litigation
Author: Livia Holden
Publisher: Taylor & Francis
Total Pages: 272
Release: 2011-05-30
Genre: Law
ISBN: 1136735216

Cultural Expertise and Litigation addresses the role of social scientists as a source of expert evidence, and is a product of their experiences and observations of cases involving litigants of South Asian origin. What is meant in court by "culture," "custom" and "law"? How are these concepts understood by witnesses, advocates, judges and litigants? How far are cross-cultural understandings facilitated - or obscured - in the process? What strategies are adopted? And which ones turn out to be successful in court? How is cultural understanding – and misunderstanding – produced in these circumstances? And how, moreover, do the decisions in these cases not only reflect, but impact, upon the law and the legal procedure? Cultural Expertise and Litigation addresses these questions, as it elicits the patterns, conflicts and narratives that characterize the legal role of social scientists in a variety of de facto plural settings – including immigration and asylum law, family law, citizenship law and criminal law.

Comparing Legal Cultures

Comparing Legal Cultures
Author: David Nelken
Publisher: Routledge
Total Pages: 421
Release: 2017-03-02
Genre: Law
ISBN: 1351949969

This volume cross-examines mainstream approaches to studying legal culture (e.g. those of Friedman and Blankenburg). It includes debates over the concept of legal culture and a variety of case studies of different legal cultures.

Law in Culture and Society

Law in Culture and Society
Author: Laura Nader
Publisher: Univ of California Press
Total Pages: 467
Release: 2023-11-10
Genre: Social Science
ISBN: 0520341805

As conflict resolution becomes increasingly important to urban and rural peoples around the globe, the value of this classic anthology of studies of process, structure, comparison, and perception of the law is acclaimed by policy makers as well as anthropologists throughout the world. The case studies include evidence from Africa, Europe, the Americas, and Oceania, and they reflect the important shift from a concern with what law is to what law does.

The Protection of Cultural Property in Armed Conflict

The Protection of Cultural Property in Armed Conflict
Author: Roger O'Keefe
Publisher: Cambridge University Press
Total Pages: 32
Release: 2006-12-14
Genre: Law
ISBN: 1139460986

Charting in detail the evolution of the international rules on the protection of historic and artistic sites and objects from destruction and plunder in war, this 2006 book analyses in depth their many often-overlapping provisions. It serves as a comprehensive and balanced guide to a subject of increasing public profile, which will be of interest to academics, students and practitioners of international law and to all those concerned with preserving the cultural heritage.