Combining the Legal and the Social in Sociology of Law: An Homage to Reza Banakar

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Combining the Legal and the Social in Sociology of Law: An Homage to Reza Banakar

Edited by Håkan Hydén · Roger Cotterrell · David Nelken · Ulrike Schultz
Hart Publishing August 2024

Specifications

ISBN-13
9781509959426
Publisher
Hart Publishing
Publication
August 2024
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

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)
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