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Research Handbook on the Sociology of Law
This unique Research Handbook maps the historical, theoretical, and methodological concepts in sociology of law, exploring the rich and complex nature of this area of research. It argues that sociology of law flourishes due to its strong capacity for interdisciplinary engagement and links to other scientific concepts, methodologies and research fields.
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Critical Acclaim
Contributors
Contents
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This unique Research Handbook maps the historical, theoretical, and methodological concepts in sociology of law, exploring the rich and complex nature of this area of research. It argues that sociology of law flourishes due to its strong capacity for interdisciplinary engagement and links to other scientific concepts, methodologies and research fields.
Composed as a set of enquiries into the current state of sociology of law, expert contributions cover diverse themes such as inequality and discrimination, crime and punishment, and social justice. Reflecting on recent publications in law and society, socio-legal studies and interdisciplinary law research, the Research Handbook revisits the specific role of sociology of law, its disciplinary boundaries and its relationship to both legal and social sciences.
The comprehensive nature of the Research Handbook on the Sociology of Law will appeal to law and social justice practitioners and scholars, as well as students in legal and social science fields who are looking to understand current trends and future research in the discipline.
Composed as a set of enquiries into the current state of sociology of law, expert contributions cover diverse themes such as inequality and discrimination, crime and punishment, and social justice. Reflecting on recent publications in law and society, socio-legal studies and interdisciplinary law research, the Research Handbook revisits the specific role of sociology of law, its disciplinary boundaries and its relationship to both legal and social sciences.
The comprehensive nature of the Research Handbook on the Sociology of Law will appeal to law and social justice practitioners and scholars, as well as students in legal and social science fields who are looking to understand current trends and future research in the discipline.
Critical Acclaim
‘There will hardly be a sociologist of law, whether from the British Isles or not, with a disciplinary background in law or in a social science, who will not gain insights from this Research Handbook on the Sociology of Law. It can be recommended for any socio-legal book collection.’
– Stefan Machura, Zeitschrift für Rechtssoziologie
‘Přibáň’s Handbook is an impressive academic undertaking. The end product is a weighty but not bloated tome which provides a strikingly broad and rich treatment of the sociology of law. It is sufficiently approachable in style and substance, as well as the size of individual chapters, that students and early-career scholars will find considerable value in it. But researchers at all career stages will find utility in the Handbook’s varied contributions when they are coming either to a new area of work, or to a sub-discipline that is not their primary area of expertise – something of increasing regularity in our evermore interconnected and interdisciplinary academic world. The clarity and succinctness of the Handbook’s contributors make such trans-disciplinary engagement both entirely feasible and indeed pleasurable.’
– James Campbell and Mónica Arango Olaya, Sortuz: Oñati Journal of Emergent Socio-Legal Studies
‘By addressing the field''s connections to related disciplines, its conceptions of law and the legal system, and its perspectives on particular areas of law, Přibáň''s Handbook provides a rich overview of the state of the art in legal sociology.’
– Lisa F M Ansems, Kees van den Bos, Journal of Law & Society
‘This rich collection is an extremely valuable resource, a reliable and instructive vade mecum to the sociology of law broadly conceived. It covers relations between it and neighbouring disciplines, core themes within the discipline itself, and its application to central areas of law. The authors are major players in their fields, and reliable and authoritative guides to their subjects. Moreover, the chapters are much more than just introductory surveys – they add distinctively and often substantially to the fields they discuss.’
– Martin Krygier, University of New South Wales, Australia
– Stefan Machura, Zeitschrift für Rechtssoziologie
‘Přibáň’s Handbook is an impressive academic undertaking. The end product is a weighty but not bloated tome which provides a strikingly broad and rich treatment of the sociology of law. It is sufficiently approachable in style and substance, as well as the size of individual chapters, that students and early-career scholars will find considerable value in it. But researchers at all career stages will find utility in the Handbook’s varied contributions when they are coming either to a new area of work, or to a sub-discipline that is not their primary area of expertise – something of increasing regularity in our evermore interconnected and interdisciplinary academic world. The clarity and succinctness of the Handbook’s contributors make such trans-disciplinary engagement both entirely feasible and indeed pleasurable.’
– James Campbell and Mónica Arango Olaya, Sortuz: Oñati Journal of Emergent Socio-Legal Studies
‘By addressing the field''s connections to related disciplines, its conceptions of law and the legal system, and its perspectives on particular areas of law, Přibáň''s Handbook provides a rich overview of the state of the art in legal sociology.’
– Lisa F M Ansems, Kees van den Bos, Journal of Law & Society
‘This rich collection is an extremely valuable resource, a reliable and instructive vade mecum to the sociology of law broadly conceived. It covers relations between it and neighbouring disciplines, core themes within the discipline itself, and its application to central areas of law. The authors are major players in their fields, and reliable and authoritative guides to their subjects. Moreover, the chapters are much more than just introductory surveys – they add distinctively and often substantially to the fields they discuss.’
– Martin Krygier, University of New South Wales, Australia
Contributors
Contributors: J. Bengoetxea, P. Blokker, E. Cloatre, R. Cotterrell, D. Cowan, P. Ewick, L. Francot, A. Griffiths, P. Guibentif, S.E. Hamill, M. Hertogh, H. Hydén, C. Kennedy, A. Krajewska, B. Lange, A. Layard, M. Maclean, I. Miola, L. Mulcahy, D. Nelken, R. Nobles, S. Parmentier, S. Picciotto, M. Pickersgill, F. Pirie, J. ibáň, S. Roach Anleu, R. Rogowski, R. Sandberg, D. Schiff, S. Silbey, C. Thornhill,C. Umaña, L. Webley, S. Wheeler
Contents
Contents:
Introduction to Research Handbook on the Sociology of Law 1
Jiří Přibáň
PART I SOCIOLOGY OF LAW BEYOND DISCIPLINARY
BOUNDARIES
1 Legal theory and sociology of law 7
Joxerramon Bengoetxea
2 Sociological jurisprudence: tradition and prospects 19
Roger Cotterrell
3 Sociology of law and legal history 31
Chloë Kennedy
4 Sociology of law and legal anthropology 43
Fernanda Pirie
5 Ethnography and law in a transnational world: knowledge,
power and discourse 54
Anne Griffiths
6 Sociology of law and economy 66
Iagê Miola and Sol Picciotto
7 Sociology of law and science 81
Emilie Cloatre and Martyn Pickersgill
8 Sociology of regulation 93
Bettina Lange
PART II THE SOCIOLOGICAL CONCEPT OF LAW
AND LEGAL SYSTEM
9 Sociology of the rule of law: power, legality and legitimacy 110
Jiří Přibáň
10 Sociology of the living law: exploring the other hemisphere
of the legal world 124
Marc Hertogh
11 Sociology of legal culture 136
David Nelken
12 Sociology of the legal system 150
Richard Nobles and David Schiff
13 Sociology of legal consciousness and hegemony 163
Patricia Ewick and Susan Silbey
14 Sociology of legal subjectivity 177
Pierre Guibentif
15 Sociology of legal temporalities 190
Lyana Francot
16 Sociology of legal images 203
Linda Mulcahy
17 The sociology of legal professions 215
Lisa Webley
PART III SOCIOLOGY OF LEGAL DISCIPLINES
18 Sociology of constitutional law and politics 230
Paul Blokker
19 Sociology of transnational constitutions 243
Chris Thornhill
20 Sociology of contract and property law 258
Sarah E. Hamill
21 Property as socio-legal institution, practice, object, idea 271
Antonia Layard
22 Sociological research in family law: international perspectives
within the policy landscape 283
Mavis Maclean
23 Sociology of law and religion 295
Russell Sandberg
24 Sociology of health law 304
Atina Krajewska
25 Sociology of deviance and criminal law 318
Sharyn Roach Anleu
26 Sociology of housing law 332
Dave Cowan and Sally Wheeler
27 Sociology of labour law 346
Ralf Rogowski
28 Sociology of digital law and artificial intelligence 357
Håkan Hydén
29 Sociology of transitional justice: global and
comparative perspectives 370
Stephan Parmentier and Camilo Umaña
Index 385
Introduction to Research Handbook on the Sociology of Law 1
Jiří Přibáň
PART I SOCIOLOGY OF LAW BEYOND DISCIPLINARY
BOUNDARIES
1 Legal theory and sociology of law 7
Joxerramon Bengoetxea
2 Sociological jurisprudence: tradition and prospects 19
Roger Cotterrell
3 Sociology of law and legal history 31
Chloë Kennedy
4 Sociology of law and legal anthropology 43
Fernanda Pirie
5 Ethnography and law in a transnational world: knowledge,
power and discourse 54
Anne Griffiths
6 Sociology of law and economy 66
Iagê Miola and Sol Picciotto
7 Sociology of law and science 81
Emilie Cloatre and Martyn Pickersgill
8 Sociology of regulation 93
Bettina Lange
PART II THE SOCIOLOGICAL CONCEPT OF LAW
AND LEGAL SYSTEM
9 Sociology of the rule of law: power, legality and legitimacy 110
Jiří Přibáň
10 Sociology of the living law: exploring the other hemisphere
of the legal world 124
Marc Hertogh
11 Sociology of legal culture 136
David Nelken
12 Sociology of the legal system 150
Richard Nobles and David Schiff
13 Sociology of legal consciousness and hegemony 163
Patricia Ewick and Susan Silbey
14 Sociology of legal subjectivity 177
Pierre Guibentif
15 Sociology of legal temporalities 190
Lyana Francot
16 Sociology of legal images 203
Linda Mulcahy
17 The sociology of legal professions 215
Lisa Webley
PART III SOCIOLOGY OF LEGAL DISCIPLINES
18 Sociology of constitutional law and politics 230
Paul Blokker
19 Sociology of transnational constitutions 243
Chris Thornhill
20 Sociology of contract and property law 258
Sarah E. Hamill
21 Property as socio-legal institution, practice, object, idea 271
Antonia Layard
22 Sociological research in family law: international perspectives
within the policy landscape 283
Mavis Maclean
23 Sociology of law and religion 295
Russell Sandberg
24 Sociology of health law 304
Atina Krajewska
25 Sociology of deviance and criminal law 318
Sharyn Roach Anleu
26 Sociology of housing law 332
Dave Cowan and Sally Wheeler
27 Sociology of labour law 346
Ralf Rogowski
28 Sociology of digital law and artificial intelligence 357
Håkan Hydén
29 Sociology of transitional justice: global and
comparative perspectives 370
Stephan Parmentier and Camilo Umaña
Index 385
