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law --- jurisprudence --- linguistics --- legal linguistics --- language --- socio-legal studies
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Sociological jurisprudence --- Sociological jurisprudence. --- law and society --- sociology of law --- socio-legal studies
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Paola Janßen formuliert richterliche Überzeugungsbildung als subjektives statistisches Entscheidungsproblem und bezieht sich damit auf eine methodische Schnittstelle zwischen Statistik und Jurisprudenz. Die Anwendung der bayesschen Statistik stellt hierbei die logische Konsistenz der Informationsverwertung und der Entscheidungsfindung sicher. Sie erfordert aber die Festlegung von a-priori-Wahrscheinlichkeiten, über die ein intersubjektiver Konsens möglicherweise nicht hergestellt werden kann. Sensitivitätsanalysen können dieses Problem abmildern. Die Autorin illustriert diese Sachverhalte anhand des Strafprozesses gegen den ehemaligen Wettermoderator Jörg Kachelmann, indem sie die Beweislage als bayessches Netz darstellt und auswertet. Der Inhalt Beweiswürdigung und richterliche Überzeugungsbildung Bayessche Netze als probabilistische Expertensysteme Sensitivitätsanalysen Anwendungsbeispiel: Der Fall Kachelmann Die Zielgruppen Dozierende und Studierende der empirischen Sozialwissenschaft und der Rechtswissenschaft, Fachgebiet Rechtsmethodik Juristinnen und Juristen im Strafrecht Die Autorin Paola Janßen ist wissenschaftliche Mitarbeiterin an der Professur für empirische Wirtschaftsforschung und angewandte Statistik der Universität Bremen. Derzeit promoviert sie im Bereich Statistik und Rechtsprechung.
Probabilities. --- Sociology --- Law and the social sciences. --- Probability Theory. --- Sociological Methods. --- Socio-Legal Studies. --- Methodology.
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The family justice system in England and Wales has undergone radical change over the past 20 years. A significant part of this shifting landscape has been an increasing emphasis on settling private family disputes out of court, which has been embraced by policy-makers, judges and practitioners alike and is promoted as an unqualified good. Mapping Paths to Family Justice: Resolving Family Disputes in Neoliberal Times examines the experiences of people taking part in out-of-court family dispute resolution in England and Wales. It addresses questions such as how participants’ experiences match up to the ideal; how recent changes to the legal system have affected people’s ability to access out-of-court dispute resolution; and what kind of outcomes are achieved in family dispute resolution. This book is the first study systematically to compare different forms of family dispute resolution. It explores people’s experiences of solicitor negotiations, mediation and collaborative law empirically by analyzing findings from a nationally representative survey, individual in-depth interviews with parties and practitioners, and recorded family dispute resolution processes. It considers these in the context of ongoing neoliberal reforms to the family justice system, drawing out conclusions and implications for policy and practice. .
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Law reviews --- Law reviews. --- Reviews, Law --- Law --- England. --- Angleterre --- Anglii͡ --- Anglija --- Engeland --- Inghilterra --- Inglaterra --- Legal theory and methods. Philosophy of law --- legal studies --- socio-legal studies
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Drawing on a range of approaches from the social sciences and humanities, this handbook explores theoretical and empirical perspectives that address the articulation of law in society, and the social character of the rule of law. The vast field of socio-legal studies provides multiple lenses through which law can be considered. Rather than seeking to define the field of socio-legal studies, this book takes up the experiences of researchers within the field. First-hand accounts of socio-legal research projects allow the reader to engage with diverse theoretical and methodological approaches within this fluid interdisciplinary area. The book provides a rich resource for those interested in deepening their understanding of the variety of theories and methods available when law is studied in its broadest social context, as well as setting those within the history of the socio-legal movement. The chapters consider multiple disciplinary lenses - including feminism, anthropology and sociology - as well as a variety of methodologies, including: narrative, visual and spatial, psychological, economic and epidemiological approaches. Moreover, these are applied in a range of substantive contexts such as online hate speech, environmental law, biotechnology, research in post-conflict situations, race and LGBT+ lawyers. The handbook brings together younger contributors and some of the best-known names in the socio-legal field. It offers a fresh perspective on the past, present and future of sociolegal studies that will appeal to students and scholars with relevant interests in a range of subjects, including law, sociology and politics.
Sociological jurisprudence. --- Law --- Law and society --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences --- Legal Theory --- Socio-legal studies --- Political Sociology
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This open access book contributes new theoretical and comparative insights on migrant agency, undocumentedness and informality in non-Western, non-democratic migration regimes. The book is conceived as a critical reflection on the contemporary migration regime scholarship, and, more generally, on comparative migration studies, which primarily focus on migrants’ experiences and immigration policies in the context of liberal democracies in North America and Western Europe. Addressing this gap is particularly important when considering the fact that many new migration hubs are nondemocratic, which in turn requires us to revise or produce new frameworks of analysis beyond existing and dominant Western-centric migration regime typologies. This book takes up the case study of Central Asian migrants in Russia and Turkey—two archetypal non-Western, nondemocratic regimes and key migration hotspots worldwide—and investigates how migration governance outcomes are shaped by the informal power geometries and extralegal processes in physical and digital landscapes in which migrant workers, employers, middlemen, landlords, street world actors and street-level bureaucrats negotiate the contemporary migration system. This lively ethnography presents new empirical material, a comparative perspective and methodological tools for studying migrants’ experiences and migration governance processes in non-Western migration regimes.
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This highly engaging book invites the reader to learn about how South Korean activists, intellectuals and various reformers approach the role of civil society in a post-colonial, post-Cold War, post-dictatorship, and post-IMF neoliberal democracy. In particular, it provides a detailed description of civil movement organisations in Seoul leading up to, during and after the Roh Moo Hyun era (2003-8). The book engages the entangled hopes, crises and pragmatic transitions that animated this era in South Korean politics and connects it with larger debates in anthropology, sociology, law and politics from around the world. Ultimately, the book contributes to growing areas of research, advocacy and general interest in pragmatism, ethnography, hope and crisis.
Social movements --- Non-governmental organizations --- Democratization --- Civil society --- Social contract --- Democratic consolidation --- Democratic transition --- Political science --- New democracies --- Korea (South) --- Politics and government --- Asia. --- Civil society. --- Crisis. --- Democracy. --- Hope. --- Korea. --- Pragmatism. --- Socio-legal studies.
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This Open-Access-book questions the relationship between institutionalized images and understandings of policing – the monolithic ideas common to most, if not all, Western law enforcement agencies – and contextual, situative, and local interactions where the human representatives of policing – street-level officers – come into contact with residents. The political and theoretical association of specific forms of “Western” policing with democratic society can be illustrated in the case of German integration: narratives of reform and essentially forging new democratic police agencies in the “new German states” stand at odds with much of the experience and statements of officers who continued to serve following (Re)Unification. Officers who present their works primarily in terms of their local responsibilities, expectations and more specifically to their unique and individual relationship and connection to their communities downplay the relevance of high-level policing policy. Based on a two-year ethnographic study of policing in a rural county in the German state of Brandenburg, this book explores the local nature of policing both in terms of how police officers imagine their communities to be and with reference to broader societal expectations and assumptions of what police, essentially, are, can effectively do, and should effectively do. About the author Aaron Bielejewski is a research associate at the Centre for Criminological Research Saxony. He studies cultural and interactionist aspects of police work and prison.
Criminology. --- Law and the social sciences. --- Crime Control and Security. --- Socio-Legal Studies. --- Social sciences and law --- Social sciences --- Sociological jurisprudence --- Crime --- Criminals --- Study and teaching --- Community policing --- Dramaturgy --- Policing --- Policing in Germany --- Ethnography --- Rural communities
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Societal Stress and Law draws attention to the social side effects of law by developing the sociological concept of society-level stress, a corollary of the concept of individual-level stress in the biological sciences. To encourage interest in societal stress, the book looks at (1) instances of law adopted by American states that the U.S. Supreme Court held unconstitutional and (2) actions by American states with regard to a proposal to amend the federal Constitution. The Court rulings and the proposed constitutional amendment were capable of producing societal stress because they were seen by a sizeable segment of the U.S. public as being incompatible with significant American traditions. In original studies that apply logistic regression to state-level statistical data, the book identifies sociological variables that predict state differences in the adoption of this law and state differences in actions on the proposed constitutional amendment. Because these variables represent societal agents that affected whether a state experienced social stress from the rulings and proposal, the book blends theory with empirical research and illustrates how each can support the other in law-focused scholarship.
Law --- Law and the social sciences. --- Theories of Law, Philosophy of Law, Legal History. --- Socio-Legal Studies. --- Philosophy. --- History. --- Social sciences and law --- Social sciences --- Sociological jurisprudence --- Legal history --- Jurisprudence --- History and criticism
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