Research Handbook on the Sociology of Law PDF
Preview Research Handbook on the Sociology of Law
RESEARCH HANDBOOK ON THE SOCIOLOGY OF LAW RESEARCH HANDBOOKS IN LAW AND SOCIETY Series Editors: Austin D. Sarat, Amherst College, Massachusetts, USA, Rosemary Hunter, University of Kent, UK This highly topical series addresses some of the most important questions and areas of research in Law and Society. Each volume is designed by a leading expert to appraise the current state of think- ing and probe the key questions for future research on a particular topic. The series encompasses some of the most pressing issues in the field, ranging from gender, sexuality and the law, medicine and health, through to the impacts of punishment and social control and the sociology of law. Each Research Handbook comprises specially-commissioned chapters from leading academ- ics, and practitioners, as well as those with an emerging reputation and is written with a global readership in mind. Equally useful as reference tools or high-level introductions to specific topics, issues and debates, these Research Handbooks will be used by academic researchers, postgraduate students, practising lawyers and policy makers. Titles in the series include: Research Handbook on Gender, Sexuality and the Law Edited by Chris Ashford and Alexander Maine Research Handbook on Socio-Legal Studies of Medicine and Health Edited by Marie-Andrée Jacob and Anna Kirkland Research Handbook on the Sociology of Law Edited by Jiří Přibáň Research Handbook on the Sociology of Law Edited by Jiří Přibáň Professor of Law and Director of the Centre of Law and Society, School of Law and Politics, Cardiff University, UK RESEARCH HANDBOOKS IN LAW AND SOCIETY Cheltenham, UK • Northampton, MA, USA © Jiří Přibáň 2020 Cover image: ‘Justice’ by Tomáš Císařovský All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical or photocopying, recording, or otherwise without the prior permission of the publisher. Published by Edward Elgar Publishing Limited The Lypiatts 15 Lansdown Road Cheltenham Glos GL50 2JA UK Edward Elgar Publishing, Inc. William Pratt House 9 Dewey Court Northampton Massachusetts 01060 USA A catalogue record for this book is available from the British Library Library of Congress Control Number: 2020950138 This book is available electronically in the Law subject collection http://dx.doi.org/10.4337/9781789905182 ISBN 978 1 78990 517 5 (cased) ISBN 978 1 78990 518 2 (eBook) Typeset by Westchester Publishing Services 2 0 Contents List of figures viii List of contributors ix Introduction to Research Handbook on the Sociology of Law 1 Jiří Přibáň PART I SOCIOLOGY OF LAW BEYOND DISCIPLINARY BOUNDARIES 1 Legal theory and sociology of law 7 Joxerramon Bengoetxea 2 Sociological jurisprudence: tradition and prospects 19 Roger Cotterrell 3 Sociology of law and legal history 31 Chloë Kennedy 4 Sociology of law and legal anthropology 43 Fernanda Pirie 5 Ethnography and law in a transnational world: knowledge, power and discourse 54 Anne Griffiths 6 Sociology of law and economy 66 Iagê Miola and Sol Picciotto 7 Sociology of law and science 81 Emilie Cloatre and Martyn Pickersgill 8 Sociology of regulation 93 Bettina Lange PART II THE SOCIOLOGICAL CONCEPT OF LAW AND LEGAL SYSTEM 9 Sociology of the rule of law: power, legality and legitimacy 110 Jiří Přibáň 10 Sociology of the living law: exploring the other hemisphere of the legal world 124 Marc Hertogh v vi Research handbook on the sociology of law 11 Sociology of legal culture 136 David Nelken 12 Sociology of the legal system 150 Richard Nobles and David Schiff 13 Sociology of legal consciousness and hegemony 163 Patricia Ewick and Susan Silbey 14 Sociology of legal subjectivity 177 Pierre Guibentif 15 Sociology of legal temporalities 190 Lyana Francot 16 Sociology of legal images 203 Linda Mulcahy 17 The sociology of legal professions 215 Lisa Webley PART III SOCIOLOGY OF LEGAL DISCIPLINES 18 Sociology of constitutional law and politics 230 Paul Blokker 19 Sociology of transnational constitutions 243 Chris Thornhill 20 Sociology of contract and property law 258 Sarah E. Hamill 21 Property as socio-legal institution, practice, object, idea 271 Antonia Layard 22 Sociological research in family law: international perspectives within the policy landscape 283 Mavis Maclean 23 Sociology of law and religion 295 Russell Sandberg 24 Sociology of health law 304 Atina Krajewska 25 Sociology of deviance and criminal law 318 Sharyn Roach Anleu 26 Sociology of housing law 332 Dave Cowan and Sally Wheeler Contents vii 27 Sociology of labour law 346 Ralf Rogowski 28 Sociology of digital law and artificial intelligence 357 Håkan Hydén 29 Sociology of transitional justice: global and comparative perspectives 370 Stephan Parmentier and Camilo Umaña Index 385 Figures 28.1 Legal decision making 362 28.2 The knowledge field for sociology of law 362 28.3 Algo norms in context 363 viii Contributors Joxerramon Bengoetxea, Professor of Jurisprudence, Faculty of Law, University of the Basque Country, Donostia-San Sebastian, and Director of the International Master in Sociology of Law (UPV/EHU), Oñati Institute, Spain Paul Blokker, Associate Professor, Department of Sociology and Business Law, University of Bologna, Italy Emilie Cloatre, Professor of Law, Kent Law School, University of Kent, United Kingdom Roger Cotterrell, Anniversary Professor of Legal Theory, School of Law, Queen Mary University of London, United Kingdom Dave Cowan, Professor of Law and Policy, Law School, University of Bristol, United Kingdom Patricia Ewick, Professor of Sociology, Department of Sociology, Clark University, United States of America Lyana Francot, Senior Researcher, Department of Legal Theory and Legal History, Vrije Universiteit Amsterdam, the Netherlands Anne Griffiths, Emeritus Professor, Anthropology of Law, School of Law, Edinburgh University, United Kingdom Pierre Guibentif, Professor, Dinâmia’CET_ISCTE, Lisbon, Portugal / Maison des Sciences de l’Homme Paris-Saclay, France Sarah E. Hamill, Assistant Professor, School of Law, Trinity College Dublin, Ireland Marc Hertogh, Professor of Socio-Legal Studies, Faculty of Law, University of Groningen, the Netherlands Håkan Hydén, Senior Professor in Sociology of Law, Department of Sociology of Law, Lund University, Sweden Chloë Kennedy, Senior Lecturer in Criminal Law, School of Law, University of Edinburgh, United Kingdom Atina Krajewska, Senior Birmingham Fellow, Birmingham Law School, University of Birmingham, United Kingdom Bettina Lange, Associate Professor in Law and Regulation, Centre for Socio-Legal Studies, University of Oxford, United Kingdom Antonia Layard, Professor of Law, Law School, University of Bristol, United Kingdom Mavis Maclean CBE, Senior Research Fellow, Department of Social Policy and Intervention, University of Oxford, United Kingdom ix
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