law culture and ritual disputing systems in cross cultural context

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Law Culture And Ritual

Author : Oscar G Chase
ISBN : 9780814716793
Genre : Law
File Size : 31. 31 MB
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"Oscar G. Chase studies the American legal system in the manner of an anthropologist. By comparing American 'dispute ways' with those of other systems, including some commonly believed to be more 'primitive, ' he finds interesting similarities that challenge the premise that we live in a society regulated by a rational and just 'rule of law.'" --New York Law Journal"A witty and engaging endeavor. . . . A good contribution to our professional knowledge, and it is a must reading." --Law and Politics Book Review"After reading Law, Culture, and Ritual, no one could ever again think that our legal proceedings are nothing more than an efficient method of discovering truth and applying law. Oscar Chase effectively uses a comparative approach to help us to step back from our legal practices and see just how steeped in myths, rituals and traditions they are. Scholars will want to read this book for its contribution to comparative law, but everyone interested in American culture should read this book. Chase shows us that there is no separating law from culture: each informs and maintains the other. Law, Culture, and Ritual is a major step forward in the rapidly expanding field of the cultural study of law." --Paul Kahn, author of The Cultural Study of Law: Reconstructing Legal Scholarship"Having allowed ourselves to be convinced (wrongly) that we are the most litigious people in the world, Americans have become obsessed with finding (quick) cures. Oscar Chase's book sounds a salutary warning. By presenting striking comparative examples that shatter our parochialism, he forces us to examine the cultural roots of dispute processes." --Richard Abel, Connell Professor of Law, UCLA LawSchoolDisputing systems are products of the societies in which they operate - they originate and mutate in respons

The Culture Of Judicial Independence

Author : Shimon Shetreet
ISBN : 9789004257818
Genre : Law
File Size : 55. 29 MB
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This volume offers an in depth analysis of current issues of culture of judicial independence in comparative perspective by senior academics, judges and practitioners across jurisdictions. It deals with central topics that stand high in the academic and public discourse on the role of judges in society and in the system of government, their constitutional position, and the relations between top domestic courts and international and supra-national courts.

Culture In Law And Development

Author : Lan Cao
ISBN : 9780190608217
Genre : Law
File Size : 59. 6 MB
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The growth of international law in the post-World War II era stemmed partly from the belief that universal norms would make life for the entire world's population safer, more equitable, and more conducive to each person's acquisition of basic material needs. Starting in the sixties and seventies, some scholars and activists challenged this assumption and established the school of "cultural relativism," a model that pays deference to local cultural traditions and favors them over international human rights norms. Scholars tried to create and practice a middle-ground approach between universalism and relativism, whereby the most egregious violations would be prevented through assimilating only jus cogens norms into indigenous groups' existing cultural traditions. Such efforts at combining a few select international norms with local cultural traditions largely failed. Culture in Law and Development presents a provocative new solution to the seemingly intractable problem of combining international norms with local cultural traditions by changing culture through law and development. In this book, Lan Cao demonstrates how the gradual expansion of customary international law (CIL) provides a model for changing culture in ways that protect and advance local populations. The book adopts a holistic view of development and argues that cultural norms that impede the human capabilities of the poor, women, and other marginal groups should be changed. The book reveals how a more conscious, coordinated effort on such change can succeed while non-violative local traditions are otherwise honored and preserved. Cao proposes that cultural change does not have to constitute cultural disrespect, and that local societies only benefit by a careful combination of externally wrought change and internally fostered tradition.

Law As Culture

Author : Lawrence Rosen
ISBN : 9781400887583
Genre : Law
File Size : 73. 89 MB
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Law is integral to culture, and culture to law. Often considered a distinctive domain with strange rules and stranger language, law is actually part of a culture's way of expressing its sense of the order of things. In Law as Culture, Lawrence Rosen invites readers to consider how the facts that are adduced in a legal forum connect to the ways in which facts are constructed in other areas of everyday life, how the processes of legal decision-making partake of the logic by which the culture as a whole is put together, and how courts, mediators, or social pressures fashion a sense of the world as consistent with common sense and social identity. While the book explores issues comparatively, in each instance it relates them to contemporary Western experience. The development of the jury and Continental legal proceedings thus becomes a story of the development of Western ideas of the person and time; African mediation techniques become tests for the style and success of similar efforts in America and Europe; the assertion that one's culture should be considered as an excuse for a crime becomes a challenge to the relation of cultural norms and cultural diversity. Throughout the book, the reader is invited to approach law afresh, as a realm that is integral to every culture and as a window into the nature of culture itself.

The American Legal System

Author : Albert P. Melone
ISBN : 0742547531
Genre : Law
File Size : 34. 99 MB
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Firmly anchored in social science concepts, the second edition of The American Legal System demonstrates the relationships among private law, the business legal environment, and public law issues, as well as related subjects of interest. This fifteen-chapter book is divided into three parts. Part I places the legal system in a political perspective centering on the origins of the law, schools of jurisprudence, branches and functions of law, legitimacy of law, how the judiciary functions in the federal system of government, and judicial interpretation and decision making. Part II contrasts legal processes: civil suits for money damages, criminal processes, equity justice, administrative processes, and alternative dispute resolution. Part III centers on the legal norms or rules governing both civil and criminal conduct, property law, family law, contract law, and government regulation of business. Throughout, the text features edited court opinions many new to this edition illustrating lively and thought-provoking controversies that are certain to spark student interest. Among the many compelling issues addressed are the legal and constitutional controversies surrounding the Bush Administration's "War on Terror," and the socially explosive developments concerning same-sex marriage. In addition, each chapter includes at least three comparative notes showing how other legal cultures in different nation-states treat legal matters. A wealth of pedagogical features chapter-opening objectives; key terms, names, and concepts; a glossary, discussion questions, and appendices are included to aid student comprehension. The authors have prepared an Instructor's Manual and Test Bank to facilitate the book's use in the classroom."

Worldmark Encyclopedia Of Cultures And Daily Life Africa

Author : Timothy L. Gall
ISBN : 141444883X
Genre : Reference
File Size : 71. 24 MB
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Provides information on more than five hundred cultures of the world, covering twenty different areas of daily life including clothing, food, language, and religion.

Tax Evasion And The Rule Of Law In Latin America

Author : Marcelo Bergman
ISBN : 9780271035635
Genre : Law
File Size : 27. 34 MB
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Few tasks are as crucial for the future of democracy in Latin America&—and, indeed, in other underdeveloped areas of the world&—as strengthening the rule of law and reforming the system of taxation. In this book, Marcelo Bergman shows how success in getting citizens to pay their taxes is related intimately to the social norms that undergird the rule of law. The threat of legal sanctions is itself insufficient to motivate compliance, he argues. That kind of deterrence works best when citizens already have other reasons to want to comply, based on their beliefs about what is fair and about how their fellow citizens are behaving. The problem of &"free riding,&" which arises when cheaters can count on enough suckers to pay their taxes so they can avoid doing so and still benefit from the government&’s supply of public goods, cannot be reversed just by stringent law, because the success of governmental enforcement ultimately depends on the social equilibrium that predominates in each country. Culture and state effectiveness are inherently linked. Using a wealth of new data drawn from his own multidimensional research involving game theory, statistical models, surveys, and simulations, Bergman compares Argentina and Chile to show how, in two societies that otherwise share much in common, the differing traditions of rule of law explain why so many citizens evade paying taxes in Argentina&—and why, in Chile, most citizens comply with the law. In the concluding chapter, he draws implications for public policy from the empirical findings and generalizes his argument to other societies in Africa, Asia, and Eastern Europe.

8 Keys To Mental Health Through Exercise 8 Keys To Mental Health

Author : Christina Hibbert
ISBN : 9780393711233
Genre : Self-Help
File Size : 63. 94 MB
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Inspiring strategies from a wellness expert for keeping fit, relieving stress, and strengthening emotional well-being. We all know that exercise is good for physical health, but recently, a wealth of data has proven that exercise also contributes to overall mental well-being. Routine exercise alleviates stress and anxiety, moderates depression, relieves chronic pain, and improves self-esteem. In this inspiring book, Christina Hibbert, a clinical psychologist and expert on women's mental health, grief, and self-esteem, explains the connections between exercise and mental well-being and offers readers step-by-step strategies for sticking to fitness goals, overcoming motivation challenges and roadblocks to working out, and maintaining a physically and emotionally healthy exercise regimen. This book will help readers to get moving, stay moving, and maintain the inspiration they need to reap the mental health benefits of regular exercise. The 8 keys include improving self-esteem with exercise, exercising as a family, getting motivated, changing how you think about exercise, and the FITT principle for establishing an effective exercise routine.

Fault Lines

Author : David Engel
ISBN : 0804756147
Genre : Law
File Size : 77. 41 MB
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Tort law, a fundamental building block of every legal system, features prominently in mass culture and political debates. As this pioneering anthology reveals, tort law is not simply a collection of legal rules and procedures, but a set of cultural responses to the broader problems of risk, injury, assignment of responsibility, compensation, valuation, and obligation. Examining tort law as a cultural phenomenon and a form of cultural practice, this work makes explicit comparisons of tort law across space and time, looking at the United States, Europe, and Asia in the nineteenth, twentieth, and twenty-first centuries. It draws on theories and methods from law, sociology, political science, and anthropology to offer a truly interdisciplinary, pathbreaking view. Ultimately, tort law, the authors show, nests within a larger web of relationships and shared discursive conventions that organize social life.

Security Assistance

Author : Kendall D. Gott
ISBN : 0160773466
Genre : Military assistance
File Size : 33. 44 MB
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"The proceedings from the Combat Studies Institute's 2006 Military History Symposium" presents historical research, analysis and policy recommendations on the topic of Security Assistance and the training of indigenous forces.

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