Pub Date : 2021-03-18DOI: 10.4337/9781788117777.00036
Shauhin A. Talesh
Applying a New Legal Realist framework, this chapter uses the insurance field as a pathway for exploring how insurance institutions shape law in formal and informal settings. Consistent with new institutional organizational sociology studies that highlight how organizations influence the meaning of compliance, I show how the insurance field, largely through a lens anchored around risk, filters and mediates what law means through a risk-based logic. I begin by explaining how insurance exerts a regulatory force over its subjects and acts as a form of governance beyond the state. Next, I show how the presence of liability insurance often shapes how civil lawsuits are structured. I then pivot to the criminal justice system where risk assessment and actuarial techniques increasingly are used to categorize criminals with varying degrees of dangerousness. I then show how risk management now permeates and influences how many judges operate in various problem-solving courts. Finally, I reveal the processes and mechanisms through which insurer risk management techniques influence how organizations understand law and compliance. I conclude this chapter by noting that the insurance field’s shaping of law in formal and informal settings can have both positive and negative impacts for achieving access to justice.
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This chapter outline the position of European New Legal Realism (ENLR) and compares it to variations of American Legal Realism (ALR), new and old. We argue that the fundamental difference between the ENLR and ALR is its turn – or return – to epistemology. Europe legal realism has been – and, in our view, is – largely concerned with devising the foundations of a scientific study of law, one that can make law intelligible on scientific grounds. It is in search of the premises of law as a basic science – and a science on par with all other forms of academic endeavour, including the natural sciences. To make this argument, we first outlines the intellectual roadmap of our position before turning to questions of the epistemology of legal science. We draw on the unique insights offered by a combination of Weberian interpretive sociology of law and Scandinavian realism as propounded by Alf Ross. We draw out their strikingly congenial conceptions of legal validity as a genuinely empirical object of study, and how it differs from American legal realism and its reliance on pragmatism. Against this background, in part IV, we then link these precursors of European legal realism to the program for a rigorous science of law laid out by Pierre Bourdieu with a view to the particular challenges of studying law. We argue that to make law intelligible as an object of legal realist inquiry, one needs to devise an approach that, at one and the same time, takes seriously both the production of law and those precise – yet changing – social conditions, which makes that production possible.
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Pub Date : 2009-04-23DOI: 10.1108/s1521-6136(2009)12
R. Sandefur
Around the world today, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This volume brings together cutting-edge work from practitioners and scholars in law, political science, social psychology, sociology, and sociolinguistics. This work reflects a high degree of sophistication in empirical analysis, and, as importantly, evidences a deeper engagement with social theory than past generations of scholarship. Good understanding is valuable both for its own sake and because it is essential to good policy. The richer conceptual frameworks employed by these scholars create more sophisticated research questions that in turn inform a more nuanced policy agenda. This research - on rights knowledge and police procedure, race and jury deliberation, tort reform and access to lawyers, self-interest and public service, ordinary people's experience with everyday troubles - reveals new discoveries about law and social process and provides foundation for a deeper understanding of access to justice that can inform wiser, more effective policies.
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Pub Date : 1900-01-01DOI: 10.4337/9781788117777.00045
B. Bix
{"title":"Jurisprudence and legal theory","authors":"B. Bix","doi":"10.4337/9781788117777.00045","DOIUrl":"https://doi.org/10.4337/9781788117777.00045","url":null,"abstract":"","PeriodicalId":255029,"journal":{"name":"Research Handbook on Modern Legal Realism","volume":"325 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116350106","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781788117777.00029
{"title":"International law and global standards","authors":"","doi":"10.4337/9781788117777.00029","DOIUrl":"https://doi.org/10.4337/9781788117777.00029","url":null,"abstract":"","PeriodicalId":255029,"journal":{"name":"Research Handbook on Modern Legal Realism","volume":"111 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123592032","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781788117777.00040
Riaz Tejani
Jessaca B. Leinaweaver The Department of Anthropology is home to a vibrant community of faculty, students, and staff broadly interested in the study of humanity, past and present. Brown's socio-cultural and linguistic anthropologists are engaged in ethnography across the globe. The department's anthropological archaeologists focus on the study of the material remains of the ancient, historic, and modern Americas. Current faculty and students are especially engaged in research related to issues of power, violence, politics, health, and population. For additional information, please visit the department's website: https:// www.brown.edu/academics/anthropology/
{"title":"Anthropology","authors":"Riaz Tejani","doi":"10.4337/9781788117777.00040","DOIUrl":"https://doi.org/10.4337/9781788117777.00040","url":null,"abstract":"Jessaca B. Leinaweaver The Department of Anthropology is home to a vibrant community of faculty, students, and staff broadly interested in the study of humanity, past and present. Brown's socio-cultural and linguistic anthropologists are engaged in ethnography across the globe. The department's anthropological archaeologists focus on the study of the material remains of the ancient, historic, and modern Americas. Current faculty and students are especially engaged in research related to issues of power, violence, politics, health, and population. For additional information, please visit the department's website: https:// www.brown.edu/academics/anthropology/","PeriodicalId":255029,"journal":{"name":"Research Handbook on Modern Legal Realism","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129128823","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781788117777.00015
{"title":"LEGAL REALIST SCHOLARSHIP MEETS CURRENT DILEMMAS","authors":"","doi":"10.4337/9781788117777.00015","DOIUrl":"https://doi.org/10.4337/9781788117777.00015","url":null,"abstract":"","PeriodicalId":255029,"journal":{"name":"Research Handbook on Modern Legal Realism","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133680065","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781788117777.00009
{"title":"VARIETIES OF LEGAL REALISM - THEN AND NOW","authors":"","doi":"10.4337/9781788117777.00009","DOIUrl":"https://doi.org/10.4337/9781788117777.00009","url":null,"abstract":"","PeriodicalId":255029,"journal":{"name":"Research Handbook on Modern Legal Realism","volume":"315 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133767690","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781788117777.00024
{"title":"Legal education","authors":"","doi":"10.4337/9781788117777.00024","DOIUrl":"https://doi.org/10.4337/9781788117777.00024","url":null,"abstract":"","PeriodicalId":255029,"journal":{"name":"Research Handbook on Modern Legal Realism","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127090973","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781788117777.00039
{"title":"DISCIPLINARY PERSPECTIVES","authors":"","doi":"10.4337/9781788117777.00039","DOIUrl":"https://doi.org/10.4337/9781788117777.00039","url":null,"abstract":"","PeriodicalId":255029,"journal":{"name":"Research Handbook on Modern Legal Realism","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122146258","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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