The Law and Society Reader II / / ed. by Erik Larson, Patrick Schmidt.

Law and society scholars challenge thecommon belief that law is simply a neutral tool by which society sets standardsand resolves disputes. Decades of research shows how much the nature ofcommunities, organizations, and the people inhabiting them affect how lawworks. Just as much, law shapes beliefs...

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Superior document:Title is part of eBook package: De Gruyter New York University Press Complete eBook-Package 2014-2015
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Place / Publishing House:New York, NY : : New York University Press, , [2014]
©2014
Year of Publication:2014
Language:English
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Physical Description:1 online resource
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Other title:Frontmatter --
Contents --
Acknowledgments --
Introduction --
Part I: Inequalities --
Does Law Benefit Those with the Most Resources --
1. Do the “Haves” Still Come Out Ahead? --
2. The Rule of Law and the Litigation Process: The Paradox of Losing by Winning --
3. The Good Case: Decisions to Litigate at the World Trade Organization --
How Do Authority and Power Influence the Implementation of Law --
4. Convictability and Discordant Locales: Reproducing Race, Class, and Gender Ideology in Prosecutorial Decisionmaking --
5. The Reconstitution of Law in Local Settings: Agency Discretion, Ambiguity, and a Surplus of Law in the Policing of Hate Crime --
Can Rights-Based Litigation Address Inequalities? --
6. Popular Constitutionalism’s Hard When You’re Not Very Popular: Why the ACLU Turned to Courts --
7. Beyond Backlash: Assessing the Impact of Judicial Decisions on LGBT Rights --
Part II: Organizations and Law --
When Is Regulation Effective --
8. Explaining Corporate Environmental Performance: How Does Regulation Matter? --
9. The “Compliance” Trap: The Moral Message in Responsive Regulatory Enforcement --
10. Labor Regulation, Corporate Governance, and Legal Origin: A Case of Institutional Complementarity? --
How Do Regulated Organizations Influence Legal Outcomes --
11. Internal Dispute Resolution: The Transformation of Civil Rights in the Workplace --
12. The Privatization of Public Legal Rights: How Manufacturers Construct the Meaning of Consumer Law --
Part III: Lawyers and Legal Work --
How Do Hierarchies Influence the Legal Profession --
13. Do Rankings Matter? The Effects of U.S. News & World Report Rankings on the Admissions Process of Law Schools --
14. Lawyer Satisfaction in the Process of Structuring Legal Careers --
What Forces Influence Lawyers’ Practices? --
15. The Changing Character of Lawyers’ Work: Chicago in 1975 and 1995 --
16. Lawyers, Mediation, and the Management of Divorce Practice --
Can Lawyers Address Inequalities through Service and Political Work? --
17. The Impact of Legal Counsel on Outcomes for Poor Tenants in New York City’s Housing Court: Results of a Randomized Experiment --
18. Cause Lawyering in Transnational Perspective: National Conflict and Human Rights in Israel/Palestine --
Part IV: Legal Confrontations—Disputing and Legal Consciousness --
19. A New Social Constructionism for Sociolegal Studies --
Why Do People Turn to Law in Disputes --
20. Litigating within Relationships: Disputes and Disturbance in the Regulatory Process --
21. Pursuing Rights and Getting Justice on China’s Ethnic Frontier, 1949–1966 --
How Do People Use Ideas and Ideals in Legal Disputes? --
22. Framing the Choice between Cash and the Courthouse: Experiences with the 9/11 Victim Compensation Fund --
23. Justice Excused: The Deployment of Law in Everyday Political Encounters --
How Do Ideas Influence Peoples’ Beliefs about Law? --
24. Three Strikes and You Are Out, but Why? The Psychology of Public Support for Punishing Rule Breakers --
25. Situating Legal Consciousness: Experiences and Attitudes of Ordinary Citizens about Law and Street Harassment --
How Does Consciousness Influence the Construction of Law? --
26. Idle Rights: Employees’ Rights Consciousness and the Construction of Sexual Harassment Policies --
27. Mobilizing the Law in China: “Informed Disenchantment” and the Development of Legal Consciousness --
Part V: Law as an Emergent Institution --
How Does Law Relate to Other Social Institutions? --
28. Competing Institutions: Law, Medicine, and Family in Neonatal Intensive Care --
29. Challenging Medicine: Law, Resistance, and the Cultural Politics of Childbirth --
How Do Legal Orders Change When Countries Change --
30. Alternative Readings: The Status of the Status of Children Act in Antigua and Barbuda --
31. Landscapes of the Law: Injury, Remedy, and Social Change in Thailand --
32. Truth, Reconciliation, and the Creation of a Human Rights Culture in South Africa --
How Has Law Become Global? --
33. Rights, Religion, and Community: Approaches to Violence against Women in the Context of Globalization --
34. Merchants of Law as Moral Entrepreneurs: Constructing International Justice from the Competition for Transnational Business Disputes --
35. National Politics as International Process: The Case of Anti–Female Genital Cutting Laws --
Part VI: Law as a Productive Institution --
How Does Law Influence Group Identity? --
36. Through a Green Lens: The Construction of Customary Environmental Law and Community in Indonesia’s Maluku Islands --
37. Unsuitable Suitors: Anti-Miscegenation Laws, Naturalization Laws, and the Construction of Asian Identities --
Can Groups Remake Identity through Law? --
38. Think of the Hippopotamus: Rights Consciousness in the Fat Acceptance Movement --
39. Legitimizing American Indian Sovereignty: Mobilizing the Constitutive Power of Law through Institutional Entrepreneurship --
How Does Law Operate as a System of Ideas? --
40. Blue Jeans, Rape, and the “De-Constitutive” Power of Law --
41. Do Blind People See Race? Social, Legal, and Theoretical Considerations --
Can Social Science Inform Progressive Change in Law --
42. From Legal Realism to Law and Society: Reshaping Law for the Last Stages of the Social Activist State --
43. What Counts as Knowledge? A Reflection on Race, Social Science, and the Law --
Bibliography --
About the Authors --
About the Editors --
Index
Summary:Law and society scholars challenge thecommon belief that law is simply a neutral tool by which society sets standardsand resolves disputes. Decades of research shows how much the nature ofcommunities, organizations, and the people inhabiting them affect how lawworks. Just as much, law shapes beliefs, behaviors, and wider socialstructures, but the connections are much more nuanced-and surprising-than manyexpect.Law and SocietyReader IIprovides readers an accessible overview to the breadth of recent developmentsin this research tradition, bringing to life the developments in this dynamicfield. Following up a first Law andSociety Reader published in 1995, editors Erik W. Larson and Patrick D.Schmidt have compiled excerpts of 43 illuminating articles published since 1993in The Law & Society Review, theflagship journal of the Law and Society Association.By its organizationand approach, this volume enables readers to join in discussing the key ideasof law and society research. The selections highlight the core insights anddevelopments in this research tradition, making these works indispensable forthose exploring the field and ideal for classroom use. Across sixconcisely-introduced sections, this volume analyzes inequality, lawyering, therelation between law and organizations, and the place of law in relation toother social institutions.
Format:Mode of access: Internet via World Wide Web.
ISBN:9780814789339
9783110728996
DOI:10.18574/nyu/9780814789339.001.0001
Access:restricted access
Hierarchical level:Monograph
Statement of Responsibility: ed. by Erik Larson, Patrick Schmidt.