This perspective opens disability as a new site of analysis for the social sciences and humanities, examining the ways by which economic relations, cultural meanings, social practices, and institutional settings contribute to the social construction of disability. The goal of the proposed CRN is to increase dialogue and collaboration on important descriptive and normative questions related to law and aging. Traditionally, the development of public policy focused on older adults has been dominated by the medical sciences and related fields, such as psychology and social work, as well as other social sciences, such as sociology and anthropology that examine group behavior and structure.
The legal academy, by comparison, is just beginning to play a significant role in shaping the emerging field of gerontology. Despite the increasing interest in law and aging across many disciplines, there is currently no international forum for scholars working on these issues to come together to collaborate and workshop ideas. In addition, many of the legal scholars who are focused on law and aging are working in diverse locations across the globe and often have little contact with scholars working in other disciplines.
This CRN brings together scholars from a range of disciplines whose focus is the role of emotion in the legal system. At its core is the belief that emotionand attitudes about emotion—pervade legal thought and legal institutions. Although the legal system traditionally regarded emotion as a hindrance to rational thought, the current consensus in psychology, neuroscience, sociology, anthropology and other fields studying decision-making is that emotion is an integral part of the reasoning process.
Law and Emotion scholars are working to identify and evaluate the roles various emotions play and ought to play in the legal realm. This CRN brings together academics and judges to focus on the changing role of judges in courts and tribunals in a wide range of jurisdictions.
The CRN particularly focusses on the increasing proactiveness by judiciaries and the significant evolution of the roles required of judges, over and above adjudicative decision-making functions. These roles can include judges using mediation, therapeutic justice interventions as well as a suite of facilitative and responsive techniques which may promote dispute settlement and be underpinned by a focus on judicial communication and procedural justice. The CRN assists to create and develop new and potentially influential models, frameworks, innovative approaches and knowledge of diverse practices in the important area of judicial work.
The CRN contributes to the development of a greater understanding of the concept of judicial dispute resolution and associated trends within judiciaries, which in turn contributes to the effectiveness of justice systems and processes.
There are particular CRN research focus areas that include the empirical assessment of various judicial approaches, comparative judicial arrangements and approaches, therapeutic jurisprudence, judicial dispute resolution and the impact of various social and other changes on the judiciary. This CRN brings together scholars interested in legal history, both American and non-American, of any time period from contemporary to ancient.
We welcome a broad array of scholarly interests and methodological approaches. Our scholars explore the development of legal doctrines and jurisprudence, the evolution of legal institutions, and the changing role of law in society. They apply and develop a diverse set of methods, including those of social, intellectual, cultural, and critical history.
The Law and Society Movement has long welcomed both legal historians and legal history and we hope this CRN extends the benefits of that relationship. Our goals include supporting methodological discussions across sub-specialties and between historical and other approaches to studying law and society; creating opportunities for cross-generational and inter-disciplinary professionalization; and encouraging publication of CRN research, such as edited volumes and symposia in law and society journals, law reviews, and outlets in our home disciplines.
We discuss teaching methods and share syllabi and other teaching resources for undergraduate, graduate, and professional school classes on law and social movements. This CRN seeks to study the depictions of legal cases, actors and courts in the media, and to explore the nature and implications of increased media presence on the conduct of legal affairs and on public knowledge of and trust in the legal system. The CRN will provide a forum for the convergence of interest of a variety of issues in the study of the intersection of media and the law that have been explored by scholars from diverse disciplines, such a political science, sociology, criminology, media studies, and of course legal scholars.
Communications scholars have noted that there is no field of human activity or dimension of social life that is untouched or reconfigured by the media. Although law has often been considered immune to media influences, and the media regarded as irrelevant to legal procedures and decision making, still, courts all over the world have increased their spokesperson activities, lawyers for both the prosecution and defense have begun to include media strategies in their legal services and the public as always is largely dependent on media sources for knowledge and information about the legal system.
Within this context of increasing media activity and dependence by the legal profession, the judiciary and the public at large, the CRN will address issues that have emerged in various disciplines, and that will benefit from the interdisciplinary analysis of law and media. How have the accessibility and immediacy of new technologies affected lawyers' practices, the rhetoric of judicial decisions, the changing role of the legal reporter, and laymen's knowledge about the legal system and their reactions to the legal process in blogs and responses to newspaper reports.
Are there differences in media coverage of the law in common law and civil law systems, do they report different types of cases,what are the implications of these differences. How has the judiciary responded to the new media, and are there differences in judicial efforts to manage public relations? The Corporate and Securities Law in Society CRN formalizes a heretofore-informal group of corporate and securities law professors who are dedicated to supporting, promoting and providing feedback for scholarship produced by established and emerging corporate law scholars.
The CRN organizes panels, author-meets-reader sessions and salons on domestic and international corporate and securities law topics. In the past these panels have focused on the economic, political, social and moral obligations of corporations with regards to individuals, other corporate actors, and society at large.
This CRN also examines traditional corporate issues such as regulatory changes for securities markets, evolutions in common law, corporate governance and international corporate law. For example, at the Annual Meeting, this group discussed disclosure obligations in the securities markets, the implications of international human rights law on global finance projects, corporate social responsibility, crowd funding, shareholder derivative actions, international financial markets, governance obligations of corporate boards, the morality of markets, and the rights of debt holders.
Each year panel participants have a broad range of scholarship interests and ideas that generate dynamic presentations, engaging panels, and a rich intellectual exchange among the group. This CRN brings together an interdisciplinary group of scholars from around the world working on economic and social rights, including the rights to education, health, decent work, social protection, an adequate standard of living and the benefits of science.
Although these rights were neglected for many years, in the last two decades, scholars and practitioners have made significant gains in both conceptualizing and implementing these rights. This field is closely related to the work on human rights and poverty, human development and capabilities, and equality and nondiscrimination law. Together, this broader area of study addresses the content of these previously marginalized rights, the rights of disadvantaged groups and the potential for human rights frameworks and concepts to be more inclusive and holistic, as well as methodologies for measuring the impact of economic and social rights on the well-being of individuals and communities.
The CRN on Economic and Social Rights includes scholars from many fields, including law, philosophy, history, economics, sociology, international relations, political science and social policy. Our goals are to 1 support productive collaboration of human rights scholars across disciplines within the law and society community, 2 promote awareness of international human rights in general, and economic and social rights in particular, within the law and society community, and 3 attract new generations of students to the study of human rights within a socio-legal studies framework.
We do this by organizing panels at annual meetings and providing opportunities for networking and collaboration during the year. This CRN serves as a site for networking and collaborative research for scholars working on legal pluralism and non-state normative orderings from a variety of disciplines, including anthropology, political science, comparative law and legal history, sociology and other fields related to law and society. The CRN furthers knowledge and understanding of legal pluralism, with a focus upon theoretical and practical problems resulting from the interaction of different types of law, such as religious law, customary law, state law, international and transnational law.
And it provides an intellectual meeting ground for the concerns of social and legal sciences in the study of law in society and the resulting power relations, and in the resolution of social problems. Areas of collaborative research may include: Theoretical and methodological approaches to the study of legal pluralism from past to present; studies of the comprehensive regulatory activities undertaken by government, civil society, and market parties in various fields and at different scale levels, and how these are affected by legal pluralism; the pluralist discourses of rights over land and natural resources, which remain both socially and politically contested; the effects of the increasing intertwining of human rights and development discourses on issues in legal pluralism; and the perplexing relationship between law, custom and religion as competing sources of normative reasoning and social ordering.
In these and other substantive areas, a key goal of the CRN is to facilitate conversations between social scientists, lawyers, legal scholars, activists, and policy makers who engage in study of legal pluralism from different theoretical, methodological and practical angles. A second goal of the CRN is to share best practices for research methodology in this new and growing field of inquiry. Finally, the proposed CRN provides an important vehicle for bringing scholars who work in the field of legal pluralism into the fold of the Law and Society Association.
The CRN seeks to bring together scholars who engage with tangible property through the use of empirical data. Our goal is to facilitate an interdisciplinary conversation that brings together scholars from many different countries whose common interest is in conducting socio-legal research regarding property. We welcome scholars from diverse fields such as economics, political science, sociology, psychology, geography, law, and anthropology.
Despite the diversity within large bodies of scholarly work on the intersection of law and security, much of that scholarship shares a variety of assumptions that are rarely interrogated. Also, many scholars write from the perspective of the U. Finally, within these frameworks, the experiences of minorities who tend to be most directly affected are often excluded. Indeed, much of the scholarly work on the intersection of law and security takes one of two basic approaches—or, at the least, falls along a continuum somewhere between them. One approach has been to criticize government policies and to argue for greater respect among policymakers for domestic and international legal frameworks.
The second approach has been to defend security policies and practices on grounds not only of efficacy but also of legal legitimacy, arguing that the law needs to be more flexible in times of crisis and war. While critical approaches to the study of rights discourses, racial formation, and international law have had dramatic effects on scholarship in those respective fields, these insights have played only a marginal role in mainstream law and security debates. This underscores the need to develop a clear critical alternative within the field that would question some or all of its assumptions.
Queer theory in law focuses on disrupting established meanings while bridging identity and disciplinary boundaries to shed light on the interconnected-ness of patterns of domination and the social invisibilization engendered through multilevel legal technologies and narratives. To queer international and domestic law is to be concerned with the biopolitics and governance of social life. Thus, this CRN seeks to examine and disrupt the re- production of the discipline that happens through the othering of certain bodies, identities, subjectivities and conceptions of sovereignty in medias, policy-making, legislation, adjudication including litigation strategy and activism, globally.
We expect to examine our own roles and complicities in structures of oppression and emancipation as well. We welcome members of all disciplines, genders, sexes, sexualities, races, religions, dis abilities and those of some, all, or none. This CRN brings together a group of scholars from different parts of the world, who are interested in multiple aspects of research on law and developement.
We welcome papers related to various theoretical, empirical and interdisciplinary debates - from scholarship focused on Max Weber's work on legal families to the more contemporary accounts of the new developmental state and different conceptions of development. We are also interested in the role of institutions and markets in development. The sub-themes listed above are far from exhaustive.
Local Regulation for Historic Preservation
Thus, the CRN invites papers that do not directly address any of the sub-themes mentioned above, but are related to law and development. Academics in all stages of their careers are welcome and invited to participate. This CRN will provide an opportunity for collaboration, networking, and exchange between scholars working on transitional justice, broadly conceived. Transitional justice often refers to the judicial and non-judicial processes, and concepts related to them, which aim to redress violence and human rights abuses that occur during periods of armed conflict, civil strife, and repression.
Our interest lies in the theoretical and practical dimensions of sociolegal scholarship related to transitional justice, including human rights, international criminal law, conflict resolution, and peacebuilding. We hope to provide a multidisciplinary and interdisciplinary forum to explore processes, efficacies debates, policies, effects, and other relevant issues in the burgeoning study of transitional justice.
Organizers: Professor Victor D. Dhami, Middlesex University; Dr. Psychological science has flourished into a hub discipline—scholars in a range of other fields make use of psychological science, including law, sociology, anthropology, political science, economics, and philosophy. This inquiry has revealed the need for psychological accounts of human nature that encompass the breadth and diversity of social life, and for research that illuminates psychological accounts of how institutions, organizations, and social contexts affect human experiences i.
The range of both micro- and macro-level psychological theories, from the neuropsychological to the social psychological, and psychological methods used e. The Law and Political Economy CRN seeks to provide a forum for conversations between legal scholars, social scientists and others at the intersection of law and a variety of contemporary approaches to political economy from across the social sciences and humanities.
The CRN will focus on encouraging the incorporation of a broader range of approaches to political economy into legal and sociolegal scholarship, while also facilitating a deeper engagement with legal rules, institutions and processes by scholars from other disciplines. By focusing on political economy, the CRN aims to highlight and explore how the deeper sociolegal context constitutes and continually shapes economic behavior and economic institutions. In addition, the CRN seeks to promote scholarship that places issues of justice, fairness, identity and sustainability at the forefront of discussions about law and political economy.
Organizers: Bridget J. This CRN provides a forum for scholars from all disciplines who are interested in the effects on society of the law, practice and effects of succession also referred to as inheritance and wealth transfers whether at death or during lifetime, outright or in trust. Subjects of inquiry may involve any aspect of government or social policy with respect to trusts, estates, inheritance, wealth transfer, equity or courts with jurisdiction over these issues.
Annual Meetings. About LSA. Collaborative Research Networks African Law and Society Biotechnology, Bioethics and the Law British Colonial Legalities 2. Citizenship and Immigration Civil Justice and Disputing Behavior 1. Corporate and Securities Law in Society Critical Research on Race and the Law Culture, Society, and Intellectual Property Disability Legal Studies Displaced Peoples East Asian Law and Society Economic and Social Rights 3. Feminist Legal Theory Gender and Judging Gender, Sexuality and Law Household Finance Innovations in Judging International Law and Politics International Socio-Legal Feminisms Islamic Law and Society Jurisprudence of Disasters 8.
Labor Rights Language and Law Law and Development Law and Emotion 9. Law and Health Law and History Law and Indigeneity Law and Public-Private Dichotomy Law and Social Movements Law and the Food System Law and the Media Law and Politcal Economy 4. Lay Participation in Legal Systems Law, Society and Taxation Legal Education Legal Geography Legal Pluralism and Non-State Law New Legal Realism Regulatory Governance 6.
Sex, Work, Law and Society South Asia The historical trends in each legal tradition are outlined, as well as present day regulation, using a multitude of examples of how historic buildings and heritage sites are protected in each country. While the publication is intended to cover legal mechanisms established to conserve all types of historic building, we will pay special attention to the protection given to industrial heritage, giving examples wherever possible of how a particular legal technique has been used to protect industrial buildings.
We will also examine how case law has effected heritage protection, sometimes in unexpected ways. She is the author of two previous books, La gestion de los residuos en la industria ceramica Waste Management in the Ceramic Industry and El regimen juridico aplicable a los residuos de la industria ceramica The legal regime applicalbe to ceramic industry waste. Transport Properties of Organic Liquids.
Latini, R. Cocci Grifoni and G. Passerini, Universita Politecnica delle Marche, Italy. Introduction to Coastal Dynamics and Shoreline Protection. Medical Applications of Computer Modelling. The main reason for this is that, especially in hard cases, judges first see a desirable solution for the case at hand, which, afterwards, they try to construct on the basis of the legal tools available within their legal system.
Actually, Ernst Rabel considered it to be the aim of comparative law to go to that deeper level in order to get a true understanding of the law Rabel In the domestic U. It is fair to force a defendant into a court in the state with minimum contacts, but not beyond its boundaries. As a result, it escapes the control of the Cour de cassation , which only controls the correct application of the law, not the reality of facts.
This means that any comparison at the surface level of legislation, case law and legal doctrine is virtually impossible or meaningless. Comparison will have to be carried out at a deeper paradigmatic level of underlying views and theories on meaning and on interpretation. When comparing the law in radically different legal cultures, it is obvious that meaningful comparison will only be possible at the deeper level of the underlying cultures and not at the surface level of rules and concepts. Here, surface level comparative law inevitably turns into deep level comparative law and becomes mainly legal anthropology.
In private law, three conceptual legal frameworks have been very influential worldwide: the common law 34 x See on the territorial expansion of the common law: McPherson , ch. Virtually all legal systems of nation states use one of them or a combination of two or more of them. In Europe, its influence has been limited to Wales, Ireland and, to a lesser extent, Scotland. After independence, the legal systems of the Latin American states were largely based on Roman law and French civil law. As from the twentieth century, this continent has seen a growing influence of the common law.
Only South Africa takes a special position with its inheritance of Roman-Dutch law, combined with common law. In the Islamic countries, parts of the civil law principles are derived from the Quran, but otherwise, former colonizers have been influential, such as France in the Maghreb countries. In Russia, after , legal doctrine had to a large extent to make a new start, within a new paradigmatic framework.
The need for rapid legislative changes made the Russian draftsmen look for inspiration in the Western European Codes Reid , p. Before the Russian revolution, until the mid-nineteenth century, most law professors were German, the language of education being Latin or German.
The legal doctrine, which developed during the nineteenth and early twentieth century had been eradicated by the communist Revolution. Until the early nineties of the twentieth century, the civil law was first completely dominated by communist ideology and, later on, increasingly tried to combine these ideological premises with some degree of meeting the needs of social reality.
This has led to an incoherent legal doctrine. Moreover, parts of the traditional civilian matters, such as granting a flat or eviction of a flat by the public authorities were governed by administrative law, hence limiting the scope of civil law. Central and Eastern European countries took up the Roman law tradition again, after a few decades of communism in the second half of twentieth century.
Moreover, in the s, in their desire to join the European Union, they were keen to adopt, as much as possible, Western European law for modernizing their own private law. In Europe today, all legal systems are mixed ones. Later on, German legal doctrine has been more influential than in the other countries that followed the Code civil tradition.
This resulted in a new Burgerlijk Wetboek in force as from most parts having been finished many years before. In the course of the last few decades there is, in The Netherlands, a notable influence of Anglo-Saxon doctrine, both English and American. Through EU law, but also European Human Rights law, concepts from French and German legal doctrine have entered the other legal systems, such as the continental good faith principle in the UK and Ireland, or the German proportionality principle in the other member states.
Conceptual frameworks are one thing, the content of the law values, principles, rules and the attitude towards the law are another. Of course, concepts cannot be completely isolated from rules or from their underlying principles. Property, marriage, leasing, contract, servitude or easement, have some common core of meaning all over the world, even if differences may be sometimes quite important e. However, the larger cultural framework may give a quite different content, for instance, to a rule in Congo, which had been literally copied from the Belgian Civil code e.
Japanese civil law is not German, notwithstanding the use of German doctrine, as informal rules still play an important role when it comes to not applying the law Kitagawa , p. Also, within the same legal system, old traditions may make new law to be interpreted in such a way that it blocks all change. This deeper level of the underlying cultural differences is of utmost importance for correctly judging similarities and differences at the surface level, most notably, but not exclusively, when legal systems from states belonging to rather different cultural traditions are compared.
In order to compare, it has been emphasized, we need a tertium comparationis. The way we see things is always determined by our own experience and world view. What could be the tertium comparationis when comparing the repudiation of a wife in Islamic law with divorce in Western law? Actually, what has initially been a well-founded warning against biases in comparative research has, erroneously, been perceived as part of comparative method. However, comparative research carried out with other aims, such as understanding quite different legal cultures, cannot and should not use such conditions.
The comparatist disposes of a pluralist toolbox containing the following methodological opportunities: The functional method is looking at the actual societal problem e. The focus is on the societal problem and the actual result of the legal approach to that problem. The analytical method is analysing complex legal concepts and rules e. The structural method is focusing on the framework of the law or of the elements reconstructed through an analytical approach. This is not the structure of each of the compared legal systems, but just one way of looking at them, which proves to be revealing for answering the research question.
The historical method will almost always be a necessary part of the methods used, for understanding differences and commonalities among legal systems and for determining their degree of belonging to a deeply rooted tradition or rather to accidental historical events. It studies a much broader context when compared to the functional or analytical method and implies the use of results from other disciplines.
One may also distinguish other levels of comparison, each of them implying the use of some method s rather than other ones. A first distinction is the one between micro and macro comparison: studying concrete legal problems or concrete legal concepts, rules or institutions, as compared to a broader approach as to, for instance, the overall organization of the state, or the organization of social security.
It has to be repeated: the choice of method or level for comparison will mainly depend on the research question s guiding the research project. Different aims often imply different methods, be it not always. For instance, the different aims mentioned above, in section 1, of improving domestic law in France by the end of the nineteenth century when compared to harmonization initiatives in the EU by the end of the twentieth century, basically have led to the use of similar methods.
Today the better solution approach is, explicitly or implicitly, underlying many comparative law research projects. This is most notably the case when economic analysis of law is used within a comparative law context. Are the methods listed above the only possible ones? For instance, what about legal transplants? Legal transplants are rather an aim or a result, not a comparative method in its own right.
Successful legal transplants will require a law-in-context method. The import of European family law in most African countries during colonization times, and kept after that, is a clear example of failed transplants because of a quite different cultural context Van Hoecke It is rather the typical example of lack of method in comparative law. What about social-sciences methodology?
A law-in-context approach may require the use of at least some methods of the used social sciences historical, economic, political, sociological, anthropological,… unless the relevant information is already available in published research results. The social-science methods will then be an instrument within the context of one of the chosen comparative methods.
- Monetary Unions: Theory, History, Public Choice.
- 1. Procedural dilemma.
- Lord of Chaos (The Wheel of Time, Book 6)?
However, it still will remain part of a description of foreign law, which in turn will be part of some of the mentioned methods within the context of scholarly comparative legal research. In this paper, I have tried to identify six methods which have been used in comparative research, in a broad sense, until now and which cannot be reduced to each other. Antokolskaja M. Nelken eds. A Handbook , Oxford: Hart Publishing , p. Arnaud A. Beale et al.
Boele-Woelki, N. Gephart eds. Bomhoff J. Bomhoff eds.
Intellectual Property Rights: A Comparative Perspective on Asia, the EU, and North America
Cameron G. Dannemann G. Dehousse R. Foster N. Smits ed. Graziadei M.
Munday eds. Hart H. Hedenius I. Stille eds. Hohfeld W. Husa, K. Husa J. Law , p. Izorche M. Jamin C. Jansen N. Zimmermann eds. Kitagawa Z. Van Hoecke ed. Kleinheisterkamp J. Lambert E. Lasser M. Lemmens K. Lyall A. Summers eds. McPherson B. Merryman J. Wagner eds. Michaels R. Zimmerman eds. Nebbia P. Ost eds. Pescatore P. Pospisil L. Post H. Post, Der Ursprung des Rechts. Schwarz Pound R. Rabel E. Leser ed. Mohr , p. Raz J.
Reed R. Reid E. Rheinstein M. Sacco R. Saleilles R. Samuel G. Berthelot ed. Schlesinger R. Schlesinger ed. Teubner G. Twining W. Valcke C. Van Caenegem R.