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Nobody's Law
  • Language: en
  • Pages: 215

Nobody's Law

  • Type: Book
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  • Published: 2018-06-14
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  • Publisher: Springer

Nobody’s Law shows how people – who are disappointed, disenchanted, and outraged about the justice system – gradually move away from law. Using detailed case studies and combining different theoretical perspectives, this book explores the legal consciousness of ordinary people, businessmen, and street-level bureaucrats in the Netherlands. The empirical research in this study tells an original and alternative narrative about the role of law in everyday life. While previous studies emphasize the law’s hegemony and argue that it’s ‘all over’, Hertogh shows that legal proliferation makes it harder for people to know, and subsequently identify with, the law. As a result, official law has become increasingly remote and irrelevant to many people. The central finding presented in this highly topical text is that these developments signal a process of ‘legal alienation’— a gradual and mundane process with potentially serious consequences for the legitimacy of law. A timely and original study, this book will be of particular interest to scholars in the fields of law and society, socio-legal studies and legal theory.

Living Law
  • Language: en
  • Pages: 292

Living Law

  • Categories: Law

This collection of essays is the first edited volume in the English language which is entirely dedicated to the work of Eugen Ehrlich. Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many as one of the 'founding fathers' of modern sociology of law. Although the importance of his work (including his concept of 'living law') is widely recognised, Ehrlich has not yet received the serious international attention he deserves. Therefore, this collection of essays is aimed at 'reconsidering' Eugen Ehrlich by bringing together an interdisciplinary group of leading international experts to discuss both the historical and theoretical con...

Research Handbook on the Ombudsman
  • Language: en
  • Pages: 576

Research Handbook on the Ombudsman

  • Categories: Law

The public sector ombudsman has become one of the most important administrative justice institutions in many countries around the world. This international and interdisciplinary Research Handbook brings together leading scholars and practitioners to discuss the state-of-the-art of ombudsman research. It uses new empirical studies and competing theoretical explanations to critically examine important aspects of the ombudsman’s work. This comprehensive Handbook is of value to academics designing future ombudsman studies and practitioners and policymakers in understanding the future challenges of the ombudsman.

Sovereignty in Post-Sovereign Society
  • Language: en
  • Pages: 262

Sovereignty in Post-Sovereign Society

  • Categories: Law
  • Type: Book
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  • Published: 2016-03-09
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  • Publisher: Routledge

Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating t...

The Importance of Ideals
  • Language: en
  • Pages: 274

The Importance of Ideals

  • Type: Book
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  • Published: 2004
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  • Publisher: Peter Lang

Ideals need to be an integral part of both description and normative theories of law, morality, and politics, because they play a key role in pluralism, debate and development. This text combines different disciplinary perspectives to gain a better understanding of the meaning and functioning of ideals.

Judicial Review and Bureaucratic Impact
  • Language: en
  • Pages: 315

Judicial Review and Bureaucratic Impact

  • Categories: Law

International scholars from political science and law/socio-legal studies present new research which focuses on the relationship between judicial review and bureaucratic behaviour. Individual chapters consider fundamental conceptual and methodological issues, in addition to presenting empirical case studies from various parts of the world: the United States, Canada, Australia, Israel, and the United Kingdom. This is a landmark text offering an international, interdisciplinary and empirical perspective on judicial review's impact on bureaucracies. It will significantly advance the research agenda concerning judicial review and its relationship to social change.

Research Handbook on the Ombudsman
  • Language: en
  • Pages: 576

Research Handbook on the Ombudsman

  • Categories: Law

The public sector ombudsman has become one of the most important administrative justice institutions in many countries around the world. This international and interdisciplinary Research Handbook brings together leading scholars and practitioners to discuss the state-of-the-art of ombudsman research. It uses new empirical studies and competing theoretical explanations to critically examine important aspects of the ombudsman’s work. This comprehensive Handbook is of value to academics designing future ombudsman studies and practitioners and policymakers in understanding the future challenges of the ombudsman.

Eugen Ehrlich's Sociology of Law
  • Language: en
  • Pages: 259

Eugen Ehrlich's Sociology of Law

  • Categories: Law

The work of Eugen Ehrlich (1862-1922) is directly relevant for an understanding of law in society and of the role of sociology of law. Today, it is possible to see behind the smokescreen of historical debates and to assess Ehrlich's key ideas in the light of today's problems. The coexistence of state and local law still challenges lawyers and decision-makers. Ehrlich suggests sociology of law as an instrument to address social and legal problems that supplements standard legal methodology. The articles in this book place Eugen Ehrlich in the context of his times, outline the international reception of ~his work, and show the relevance of his thoughts for contemporary issues. (Series: Society and Law / Gesellschaft und Recht - Vol. 8) [Subject: Socio-Legal Studies, Legal History]

Responsive Legality
  • Language: en
  • Pages: 142

Responsive Legality

  • Categories: Law
  • Type: Book
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  • Published: 2018-08-06
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  • Publisher: Routledge

Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined ‘responsive legality’. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and – towards the end of the century – the logics of ‘new managerialism’, the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.

Rediscovering Fuller
  • Language: en
  • Pages: 489

Rediscovering Fuller

Lon Fuller, one of the great American jurists of this century, is often remembered only for his stand on the morality of law in the Fuller-Hart debate. Rediscovering Fuller considers the full range of Fuller's writings, from his early engagement with legal fictions and his critique of legal positivism to his later work on implicit law and the art of institutional design. Contributors from the fields of both civil law and common law argue that Fuller's insights are highly relevant to contemporary concerns. The book contains essays by K. Winston, D. Dyzenhaus, P. Cliteur, F. Schauer ("Beyond the Fuller-Hart Debate"), P. Westerman, W. van der Burg, D. Luban ("Moralities of Law"), G. Postema, P....