Communitarianism in Law and Society


Book Description

In this new collection of essays, Paul van Seters brings together an international group of scholars from diverse academic backgrounds to reflect upon the remarkable rise of communitarianism in contemporary studies of law and society. These essays critically assess the communitarian perspective in order to gain a more systematic insight into its distinctive constraints and the special opportunities it provides.




The Possibility of Popular Justice


Book Description

"The Possibility of Popular Justice is essential reading for scholars and practitioners of community mediation and should be very high on the list of anyone seriously concerned with dispute resolution in general. The book offers many rewards for the advanced student of law and society studies." --Law and Politics Book Review "These immensely important articles--fifteen in all--take several academic perspectives on the [San Francisco Community Boards] program's diverse history, impact, and implications for 'popular justice.' These articles will richly inform the program, polemical, and political perspectives of anyone working on 'alternative programs' of any sort." -- IARCA Journal "Few collections are so well integrated, analytically penetrating, or as readable as this fascinating account. It is a 'must read' for anyone interested in community mediation." --William M. O'Barr, Duke University "You do not have to be involved in mediation to appreciate this book. The authors use the case as a launching pad to evaluate the possibilities and 'impossibilities' of building community in complex urban areas and pursuing popular justice in the shadow of state law." --Deborah M. Kolb, Harvard Law School and Simmons College Sally Engle Merry is Professor of Anthropology, Wellesley College. Neal Milner is Professor of Political Science and Director of the Program on Conflict Resolution, University of Hawaii.




State and Society in the Philippines


Book Description

This clear and nuanced introduction explores the Philippines’ ongoing and deeply charged dilemma of state-society relations through a historical treatment of state formation and the corresponding conflicts and collaboration between government leaders and social forces. Patricio N. Abinales and Donna J. Amoroso examine the long history of institutional weakness in the Philippines and the varied strategies the state has employed to overcome its structural fragility and strengthen its bond with society. The authors argue that this process reflects the country’s recurring dilemma: on the one hand is the state’s persistent inability to provide essential services, guarantee peace and order, and foster economic development; on the other is the Filipinos’ equally enduring suspicions of a strong state. To many citizens, this powerfully evokes the repression of the 1970s and the 1980s that polarized society and cost thousands of lives in repression and resistance and billions of dollars in corruption, setting the nation back years in economic development and profoundly undermining trust in government. The book’s historical sweep starts with the polities of the pre-colonial era and continues through the first year of Rodrigo Duterte’s controversial presidency.




Law and Social Change


Book Description

This major new textbook provides a clear and comprehensive guide to the sociology of law, surveying current theoretical debates and examining socio-legal research. Exploring the relationship between the law and other aspects of social life, it goes beyond a discussion of contemporary institutions, focusing on broad and general patterns grounded in specific examples from a wide range of contexts. The book addresses: the social conditions under which laws emerge and are changed; the extent to which law can be a resource to implement social change; the kinds of values or world views that laws incorporate; and the ways in which laws shape social institutions and practices and vice versa. Accessible and wide-ranging, Law and S




The Foundations of the Modern Philippine State


Book Description

The US occupation of the Philippine Islands in 1898 began a foundational period of the modern Philippine state. With the adoption of the 1935 Philippine Constitution, the legal conventions for ultimate independence were in place. In this time, American officials and their Filipino elite collaborators established a representative, progressive, yet limited colonial government that would modernize the Philippine Islands through colonial democracy and developmental capitalism. Examining constitutional discourse in American and Philippine government records, academic literature, newspaper and personal accounts, The Foundations of the Modern Philippine State concludes that the promise of America's liberal empire was negated by the imperative of insulating American authority from Filipino political demands. Premised on Filipino incapacity, the colonial constitution weakened the safeguards that shielded liberty from power and unleashed liberalism's latent tyrannical potential in the name of civilization. This forged a constitutional despotism that haunts the Islands to this day.




Politics, Property and Law in the Philippine Uplands


Book Description

The Ibaloi village of Kabayan Poblacion combines a subsistence agricultural economy with a market economy that has grown up as a result of subsequent waves of colonization. The Spanish arrived in the sixteenth century, following the trail of gold and slave-bearing Chinese trade junks, and were followed in 1898 by the Americans. The Ibaloi, who were gold miners and traders, cattle barons and vegetable producers, have since then come to be known as an Hispanicized uplands people, acculturated to Western ways and struggling to come to grips with new economic realities. This book examines the Ibaloi property system and demonstrates that the changes which have taken place since the Spanish arrival were complex and had numerous directions and relationships, many of them steered by the nature of Ibaloi society itself, others by the Spanish, and still others by the resources of Benguet Province. What began as a study of the Ibaloi property system rapidly became an exercise in understanding developments over time in social stratification, ritual and law. Wiber’s research has led her to challenge the dependency theory of legal pluralism, whereby peripheral zones are forced into economic dependency by having to exist within two legal structures, their own and another imposed by a central power zone, in favour of the social science view of legal pluralism. Thus all heterogeneous societies experience legal pluralism, but in different and individual ways, as people have a tendency to manipulate the law to their own advantage. She also takes issue with the narrowness of current anthropological terms relating to property systems and whether they are applicable to non-Western societies and argues for a reorientation of anthropology to end the tendency to generate simplistic models of property, kinship and law.




Living Law


Book Description

Living Law presents a comprehensive overview of relationships between legal and social theory, and of current approaches to the sociological study of legal ideas. It explores the nature of legal theory and sociolegal studies today as teaching and research fields, and the work of many of the major sociolegal theorists. In addition, it sets out the author's distinctive approach to sociological analysis of law, applying this in a range of studies in specific legal fields, such as the law of contract, property and trusts, constitutional analysis, and comparative law.




Invitation to Law & Society


Book Description

Research and real-life examples that “lucidly connect some of the divisive social issues confronting us today to that thing we call ‘the law’” (Law and Politics Book Review). Law and society is a rapidly growing field that turns the conventional view of law as mythical abstraction on its head. Kitty Calavita brilliantly brings to life the ways in which law is found not only in statutes and courtrooms but in our institutions and interactions, while inviting readers into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to both law as it is written and actual legal practices, as well as the law’s potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. With this second edition of Invitation to Law and Society, Calavita brings up to date what is arguably the leading introduction to this exciting, evolving field of inquiry and adds a new chapter on the growing law and cultural studies movement. “Entertaining and conversational.” —Law and Social Inquiry




Law and Society


Book Description




Law and Society in East Asia


Book Description

The massive and complex process of change in East Asia over recent decades has brought about a transformation in the nature of law and legal institutions in the region. Whilst the process of change has to some degree mimicked western models of law and legal change, there have been significant differences in approach due to the different social foundations of East Asian societies. The more obvious of these has been the variety of ways in which rule of law ideas have been adopted in many East Asian countries where the role of the state is more dominant when compared with Western models. This volume brings together a selection of the most important writings on East Asia of researchers in recent years, and shows the broad range of questions which researchers have been addressing about the effect of law reform and legal change in societies dominated by traditional values and political forces, and at a time of massive economic change.