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International Journal of Language & Law
ISSN: 21947414

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Book
The Japanese Legal Profession in Transition
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ISBN: 9819726921 Year: 2024 Publisher: Singapore : Springer Nature Singapore : Imprint: Springer,

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This book focuses on the stratification of the Japanese legal profession and its impact on legal practice, drawing upon findings from two national surveys, one on Japanese lawyers (2018-19) and the other on Japanese people (2021), as well as qualitative data from interviews. Our research data clearly shows the increase of the lawyer population changed their whole world. Pressure from the lawyer population increase has not only made the stratification more visible but also diversified lawyers' career and their strategies of cultivating their legal service market. Legal practice is moving from professionalism to consumerism. Relying on retrospective data of individual lawyers' careers, this research shows how individual lawyers navigated their work and career and what have been major factors that affected their career paths. The research also shows a huge variety of lawyer's office management policies related with their market strategies. It is the first time that a national survey of lawyers was designed to obtain retrospective data of individual lawyers in Japan. This book gives a latest landscape of the Japanese legal profession in flux and the public view of changing legal practice. .


Periodical
Oñati Socio-Legal Series

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Bayessche Netze in der Rechtsprechung : Der Strafprozess gegen Jörg Kachelmann als statistisches Entscheidungsproblem
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ISBN: 3658178140 Year: 2017 Publisher: Wiesbaden : Springer Fachmedien Wiesbaden : Imprint: Springer Spektrum,

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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.


Book
Mapping Paths to Family Justice : Resolving Family Disputes in Neoliberal Times
Authors: --- --- ---
ISBN: 1137554053 1137554045 Year: 2017 Publisher: London : Palgrave Macmillan UK : Imprint: Palgrave Macmillan,

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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. .


Periodical
IALS Student Law Review

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Book
Routledge handbook of socio-legal theory and methods
Authors: --- ---
ISBN: 0429952813 0429489749 0429952821 1138592900 9781138592902 9780429952814 9780429489747 9780429952821 9780429952807 0429952805 Year: 2019 Publisher: Abingdon, Oxon ; New York, NY : Routledge,

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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.


Book
The Political Economy of Non-Western Migration Regimes : Central Asian Migrant Workers in Russia and Turkey
Authors: ---
ISBN: 303099256X 3030992551 Year: 2022 Publisher: Cham : Springer International Publishing AG,

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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.


Book
Transformations of European Welfare States and Social Rights : Regulation, Professionals, and Citizens
Authors: ---
ISBN: 3031466373 Year: 2024 Publisher: Cham : Springer Nature Switzerland : Imprint: Palgrave Macmillan,

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This open access edited book investigates European social rights in practice from socio-legal perspectives. It brings together fourteen socio-legal scholars, representing Nordic and Western European countries, who analyse different aspects pertaining to European social rights, namely the regulation of social rights, encounters between welfare professionals and citizens, and citizens’ mobilisation of social rights. These three different aspects form the structure for the sections in the anthology, each analysing transformations related to regulation, encounters and rights mobilisation. The book contributes to the existing literature as it focuses on interdependent transformations on macro, meso and micro levels which are key for understanding processes and contexts related to European social rights in practice. It speaks particularly to academics in sociology of law and/or regulation. Stine Piilgaard Porner Nielsen is an Associate Professor of Sociology of Law at Aalborg University, Denmark. Ole Hammerslev is Professor of Sociology of Law at Lund University, Sweden.


Book
Engaging with Human Rights : How Subnational Actors use Human Rights Treaties in Policy Processes
Authors: --- --- --- ---
ISBN: 3031535189 Year: 2024 Publisher: Cham : Springer International Publishing : Imprint: Palgrave Macmillan,

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Making human rights a reality requires that various types of domestic actors take measures, which is often demanding, all the more so in federal systems. This open access book, Engaging with Human Rights: How Subnational Actors use Human Rights Treaties in Policy Processes, shows that an important part is played at the subnational level, with repeated back-and-forth between and within levels of governance rather than a ‘top-down’ trajectory. The dynamics of implementation at national and sub-national level is an emerging area of study. This book explores how actors use human rights treaties in the policy process, sometimes leading to an engagement that increases human rights implementation, and at other times not. Treaties provide both opportunities and constraints. Switzerland, as a highly decentralized federal state, offers a perfect setting to study the processes at work. Using legal, political, and sociological analyses, the authors draw on over 65 semi-structured interviews and focusses on two topical case studies: violence against women, including domestic violence, and the rights of persons with disabilities. This book provides a blueprint for other researchers and practitioners who wish to study the concrete implementation and impacts of human rights obligations. Jonathan Miaz is a lecturer and researcher in political science at the Institute of Political Studies of the University of Lausanne, Switzerland. Evelyne Schmid is a professor of international law at the Centre of Comparative, European and International Law at the University of Lausanne, Switzerland. Matthieu Niederhauser is a PhD Candidate at the Institute of Political Studies at the University of Lausanne, Switzerland, and was a researcher at the Global Governance Institute at University College London until November 2022. Constance Kaempfer works at the Directorate of International Law of the Federal Department of Foreign Affairs of Switzerland and is a former senior researcher at the Centre of Comparative, European and International Law at the University of Lausanne, Switzerland. Martino Maggetti is an associate professor of political science at the Institute of Political Studies at the University of Lausanne, Switzerland. .

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