Combining the Legal and the Social in Sociology of Law

An Homage to Reza Banakar
Erscheinungsjahr 2023
ISBN: 978-1-5099-5938-9
Verlag: Bloomsbury 3PL

Buch, Englisch, 496 Seiten, Hardback, Format (B × H): 161 mm x 240 mm, Gewicht: 1780 g

This open access book pays homage to Reza Banakar, who passed away in August 2020, exploring the many different areas of socio-legal research that he worked on and influenced. It begins with a summary of his career and explains how he sparked a debate on the identity and aims of legal sociology.

The book is then split into 5 sections:

- Theory, including chapters on normativity and the stepchild controversy;
- Methods and interdisciplinarity, illustrating how Banakar encouraged socio-legal scholars to push the boundaries of existing socio-legal knowledge through interdisciplinary imagination and methodological flexibility;
- Legal culture, with particular focus on Iran - 2 areas of special interest for Banakar;
- Law and science, covering topics such as human rights, the right to life, and the COVID-19 pandemic; and
- Applied sociology of law, inspired by Banakar's engagement with empirical research and case studies.

As well as honouring Reza Banakar's memory and unique thinking, the book aims to advance the sociology of law by demonstrating the interconnectedness of the legal and the social from a broad range of perspectives.

The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Lund University Libraries.

Autoren/Hrsg.

Hydén, Håkan

Hunter, Rosemary

Cotterrell, Roger

Nelken, David

Schultz, Ulrike

Fachgebiete

• Sozialwissenschaften Soziologie | Soziale Arbeit Spezielle Soziologie Rechtssoziologie
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtssoziologie, Rechtspsychologie, Rechtslinguistik

Inhaltsverzeichnis

PART I
INTRODUCTION AND BIOGRAPHY
1. Introduction

Håkan Hydén (Lund University, Sweden)
2. Bringing the Social and the Legal Together: An Overview of Reza Banakar's Sociology of Law

Mariana Motta Vivian (University of the Basque Country, Spain)
3. Engaging with Reza Banakar

Max Travers (University of Tasmania, Australia)

PART II
SOCIOLOGY OF LAW THEORY, LEGAL PLURALISM AND LEGAL THEORY
4. The Place of a Stepchild: Notes on the Establishment of Modern Sociology of Law
Roger Cotterrell (Queen Mary University of London, UK)
5. The Stepchild Controversy: Unfortunate Dichotomies in Socio-Legal Theory

Peter Bergwall (Lund University, Sweden)
6. Normativity as the Source of Norms

Håkan Hydén (Lund University, Sweden)
7. On the Relationship between Normative Pluralism and Justice after Multiculturalism

Martin Ramstedt (Oñati International Institute for the Sociology of Law, Spain)
8. Legal Pluralism and the Army: Legal Sociology as Military Sociology

Chris Thornhill (University of Manchester, UK)
9. Corporate Strategies within a Transnational Regulatory Field

Isabel Schoultz (Lund University, Sweden)
10. Corporate Governance, Soft Law, and Corporate Social Responsibility: Some Legal Theoretical Contributions

Mauro Zamboni (Stockholm University, Sweden)
11. Reflections on Law, Religion, and Technology: Legal Mobilisation in the Area of Egyptian Paternity Law

Monika Lindbekk (University of Bergen, Norway)

PART III
SOCIOLOGY OF LAW METHODS AND INTERDISCIPLINARITY
12. Knowledge and Opinion about Law - The Importance of Law-related Education

Ulrike Schultz (FernUniversität, Germany)
13. Rights Consciousness in Hungary. What is Behind the Numbers? Lessons of a Focus Group Study

Balázs Fekete (Eötvös Loránd University, Hungary)
14. In Conversation with Reza: Theory and Method in Socio-Legal Research
Linda Mulcahy (Oxford University, UK)
15. 'The Light in the Tunnel Can Be a Train': About Kafkaesque Double Thoughts

Karl Dahlstrand (Lund University, Sweden and Mikael Furugärde, Lund University, Sweden)
16. Socio-Legal Agency in Late Modernity - Reappreciating the Relationship between Normativity and Sociology of Law

Pierre Guibentif (Iscte University Institute, Portugal)
17. The Quest for Scientific Methods: Sociology of Law, Jurimetrics and Legal Informatics

Peter Wahlgren (Stockholm University, Sweden)
18. Minding the 'Gap' Problem: The Relevance of Combining Top-down and Bottom-up Approaches to the Study of Law's Role in Everyday Life
Stine Piilgaard Porner Nielsen (University of Southern Denmark)
19. Doing Fieldwork in Istanbul Courts: Challenges and Strategies

Seda Kalem (Istanbul Bilgi University, Turkey)

PART IV
COMPARATIVE LEGAL CULTURES
20. Legal Culture as an Approach to the Study of Law in Russian Society

Marina Kurkchiyan (University of Oxford, UK)
21. Flexible Structures: Using the Legal Culture Concept to Study the Law of Society

Carlo Pennisi (University of Catania, Italy)
22. Lawyers and Drivers: On Reading Two Works of Reza Banakar

Lawrence M Friedman (Stanford University, USA)
23. Traffic Justice: Law and Society on the Roads of Iran and the Netherlands

Marc Hertogh (University of Groningen, the Netherlands)
24. The Cancer of the Law in the Islamic Republic of Iran: Reflections on the Iranian Anti-Israel Law of 2020

Mathieu Deflem (University of South Carolina)
25. Revolutions and Legal Cultures. Perspectives and Reflections

Hanne Petersen (University of Copenhagen, Denmark)

PART V
SOCIOLOGY OF LAW AS SCIENCE
26. Reza Banakar and the Quest for a Sociology of Law

Ole Hammerslev (University of Southern Denmark) and Mikael Rask Madsen (University of Copenhagen, Denmark)
27. Governing through Covid Indicators

David Nelken (King's College, London, UK)
28. Safe but not Secure? Risk Management, Communication and Preparedness for a Pandemic in Aviation

John Woodlock (Lund University, Sweden)
29. The Interlegal Evocation of Peace in Colombia

Nicolás Serrano Cardona (Lund University, Sweden)

PART VI
APPLIED SOCIOLOGY OF LAW
30. Trade Union Solidarity and the Issue of Minimum Wage Regulation in the EU

Ann-Christine Hartzén (Lund University, Sweden)
31. Constitutional Imaginaries: A Socio-legal Perspective of Political and Societal Constitutions

Jirí Pribán (Cardiff University, UK)
32. Public Sentiments on Justice, Legal Consciousness, and the Study of Marginalised Groups
Peter Scharf Smith (University of Oslo, Norway)
33. Challenging Legal Orthodoxy: New Orientations in Space and Time
in Discourses Over Land Tenure

Anne Griffiths (Edinburgh University, UK)
34. Sexual Violence, Standard(s) of Proof, and Arbitrariness in Judicial Decision-Making

Hildur Fjóla Antonsdóttir (University of Iceland)

Über Autor(innen)

Hydén, Håkan
Håkan Hydén is Senior Professor in Sociology of Law at Lund University, Sweden, and Guest Professor in NormScience and Transformative Innovation at Halmstad University. He is also Docent in Private Law and a fellow of the World Academy of Arts and Sciences. He has received the Zorn stipend and been appointed Samuel Pufendorf Professor at Lund University. He is also Speciality Chief Editor of the journal Frontiers in Sociology of Law, a former member of the Oñati International Institute for the Sociology of Law Governing Board, and former Vice-President of the RSCL.

Nelken, David
David Nelken is Professor of Comparative and Transnational Law and past Vice-Dean for Research at King's College London, UK. Widely published in sociology of law and in criminology, he has received awards from the American Sociological Association, the American Society of Criminology, the International Sociological Association, and the (USA) Law and Society Association. He has twice been a Trustee of the LSA and Vice-President of the RSCL.

Schultz, Ulrike
Ulrike Schultz is a retired Senior Academic at the FernUniversität in Hagen, Germany. She heads the International Working Group on the Comparative Study of Legal Professions and has been a member of the Oñati International Institute for the Sociology of Law Governing Board since 2006.

Cotterrell, Roger
Roger Cotterrell is Anniversary Professor of Legal Theory at Queen Mary University of London, UK.

Håkan Hydén is Professor of Sociology of Law at Lund University, Sweden.
Roger Cotterrell is Anniversary Professor of Legal Theory at Queen Mary University of London, UK.
David Nelken is Professor of Comparative and Transnational Law at King's College London, UK.
Ulrike Schultz is a retired Senior Academic at the FernUniversität in Hagen, Germany.