Sociology of law
About: This article is published in British Journal of Sociology.The article was published on 1970-12-01. It has received 11 citations till now. The article focuses on the topics: Comparative law & Sociology of law.
Citations
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01 Jan 2011
TL;DR: The socio-cultural consequences of globalisation over the last three decades have, however, affected the relationship between state, law and society, blurred sharply drawn distinctions between the West and the rest of the world and transformed the sociocultural setting within which legal regulation is devised and social reform planned as discussed by the authors.
Abstract: Many of the original sociological premises, concepts and ideas regarding social action, legal change and social reform were initially formulated by studying conditions specific to Western industrial societies. The socio-cultural consequences of globalisation over the last three decades have, however, affected the relationship between state, law and society, blurred sharply drawn distinctions between the West and the rest of the world and transformed the socio-cultural setting within which legal regulation is devised and social reform planned. This paper asks to what extent socio-legal research has reconsidered its theoretical premises regarding the relationship between law, state and society to grasp the new social and cultural forms of organisation specific to global societies of the 21st century. This objective is pursued in four parts. Part One sketches the intellectual origins of SL and describes its scope and paradigmatic openness. Part Two presents SL partly in relation to social sciences and partly in relation to law and legal studies, briefly examining some of the central debates within the field. Part Three draws attention to the asynchronous development of SL across various countries, asking why the main body of socio-legal research continues to be produced in Western countries. This part considers various factors which might cause this imbalance and also asks if socio-legal theories that are born out of studies of Western industrialised societies are suitable for examining law and social order in non-Western contexts. Part Four concludes the paper by arguing that the socio-cultural consequences of globalisation erode the traditional boundaries of law and legal systems, hybridise legal cultures and create new conditions for legal regulation.
91 citations
TL;DR: It is found that both punishment and ethics training can be effective in mitigating the threat of software and information security, but that these depend on certain underlying motivational factors of individuals.
Abstract: Information security is a growing concern among the general population. For instance, it has been estimated by the U.S. Department of Justice (2004) that one in three people will become victims of identity theft at some point in their lifetime. The bulk of the research into information security has gone into the investigation of technological aspects of security, and there are gaps in the literature relative to contravention of security measures. Drawing from deterrence theory and using the theory of planned behavior as a general framework, this empirical field study investigated the effects of punishment and ethics training on behaviors related to contravention of information security measures among information professionals to fill an important gap in the literature. We found that both punishment and ethics training can be effective in mitigating the threat of software and information security, but that these depend on certain underlying motivational factors of individuals. The results of this study suggest a need to develop and refine the theoretical models, and we offer suggestions for getting at the root of behavioral issues surrounding information security. © 2007 Wiley Periodicals, Inc.
86 citations
Book•
17 Apr 2008TL;DR: The role of law in EU integration is discussed in this article, where the authors discuss the role of BAT determinations in Bthis articles and the costs of using BAT norms in the determination of the best available techniques under the IPPC Directive.
Abstract: 1. Introduction 2. Traditional Perspectives on the role of law in EU integration 3. Critical Perspectives on the role of law in EU integration 4. What is EU 'law in action'? 5. Talking interests - generating procedure: How political discourse constructs key aspects of BAT determinations in BREFs 6. Variation in open and closed BAT norms 7. What does it cost? Economic discourse in the determination of 'the best available techniques' under the IPPC Directive 8. Does 'law' integrate? Licensing German and English coke ovens under the IPPC Directive 9. Conclusion.
19 citations
Book•
25 Aug 1999
TL;DR: In this paper, the authors draw out some possible lessons from past experiences to inform new efforts at legal reform in these countries-Ethiopia, Eritrea, Kenya, Tanzania, Uganda, and Zimbabwe.
Abstract: Given that previous efforts to ensure greater equity in personal laws have not been fully successful in eastern African countries, any new legal initiatives must not repeat the mistakes of the past where law merely remains on the books as a legitimizing tool that reinforces or supports gender discrimination, instead of actively protecting and guarding the interests of both men and women. This report attempts to draw out some possible lessons from past experiences to inform new efforts at legal reform in these countries-Ethiopia, Eritrea, Kenya, Tanzania, Uganda, and Zimbabwe. It examines the laws related to allocation of economic resources within households in the broader historical, social, and cultural context, and examines the effectiveness of these laws in challenging gender relationships. Chapter 2 describes the legal framework governing personal relationships in Ethiopia. Chapter 3 examines land issues, mainly in Kenya and Ethiopia, and the gender-based impact of the new land-tenure systems on African households. Together, these chapters are intended to demonstrate the legal system's failure to improve gender relationships within the household and the failure to ensure greater equity in allocating resources. Chapter 4 builds on the preceding two chapters to crystallize lessons emerging from these experiences. Chapter 5 describes some emerging approaches to legal reform; and Chapter 6 deliberates on the implications of these approaches to legal reform.
17 citations
Posted Content•
TL;DR: In this paper, the authors argue that since the relevant features described by Galligan are, ultimately, related to legal rules, his approach amounts to a top-down method of contextualising the impact of the law on society and as such loses sight of law's fluidity and societal embeddedness.
Abstract: In Law in Modern Society, Denis Galligan argues that adopting a social scientific perspective, which describes and analyses the law in extra-legal terms, can easily entail losing sight of the law as a distinct social formation. To avoid this pitfall, socio-legal research should contextualise those features of the legal system which are relevant to the actions of citizens and officials of the law. This essay argues that since the “relevant” features described by Galligan are, ultimately, related to legal rules, his approach amounts to a top-down method of contextualising the impact of the law on society and as such loses sight of law’s fluidity and societal embeddedness. Using Galligan’s methodology as its backdrop, this essay sketches the contours of three ideal typical approaches to the contextualisation of law. The first approach examines how social institutions absorb law within their existing networks of rules and relations; the second reverses law’s method of dislodging actions from their socio-historical context; and the third uncovers the socio-cultural and historical embeddedness of the legal system. This paper concludes by arguing that these three approaches reverse the de-contextualising effects of modern Western law in different ways and degrees. Scholars who employ the second and the third approaches often do so as part of their search for alternative forms of law and legality. What is identified by Galligan as losing sight of the distinctiveness of the law should, in their case, be explored in light of the ongoing struggle for law, rather than as the failure of social sciences to account for the specificity of positive law.
12 citations
References
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01 Jan 2011
TL;DR: The socio-cultural consequences of globalisation over the last three decades have, however, affected the relationship between state, law and society, blurred sharply drawn distinctions between the West and the rest of the world and transformed the sociocultural setting within which legal regulation is devised and social reform planned as discussed by the authors.
Abstract: Many of the original sociological premises, concepts and ideas regarding social action, legal change and social reform were initially formulated by studying conditions specific to Western industrial societies. The socio-cultural consequences of globalisation over the last three decades have, however, affected the relationship between state, law and society, blurred sharply drawn distinctions between the West and the rest of the world and transformed the socio-cultural setting within which legal regulation is devised and social reform planned. This paper asks to what extent socio-legal research has reconsidered its theoretical premises regarding the relationship between law, state and society to grasp the new social and cultural forms of organisation specific to global societies of the 21st century. This objective is pursued in four parts. Part One sketches the intellectual origins of SL and describes its scope and paradigmatic openness. Part Two presents SL partly in relation to social sciences and partly in relation to law and legal studies, briefly examining some of the central debates within the field. Part Three draws attention to the asynchronous development of SL across various countries, asking why the main body of socio-legal research continues to be produced in Western countries. This part considers various factors which might cause this imbalance and also asks if socio-legal theories that are born out of studies of Western industrialised societies are suitable for examining law and social order in non-Western contexts. Part Four concludes the paper by arguing that the socio-cultural consequences of globalisation erode the traditional boundaries of law and legal systems, hybridise legal cultures and create new conditions for legal regulation.
91 citations
TL;DR: It is found that both punishment and ethics training can be effective in mitigating the threat of software and information security, but that these depend on certain underlying motivational factors of individuals.
Abstract: Information security is a growing concern among the general population. For instance, it has been estimated by the U.S. Department of Justice (2004) that one in three people will become victims of identity theft at some point in their lifetime. The bulk of the research into information security has gone into the investigation of technological aspects of security, and there are gaps in the literature relative to contravention of security measures. Drawing from deterrence theory and using the theory of planned behavior as a general framework, this empirical field study investigated the effects of punishment and ethics training on behaviors related to contravention of information security measures among information professionals to fill an important gap in the literature. We found that both punishment and ethics training can be effective in mitigating the threat of software and information security, but that these depend on certain underlying motivational factors of individuals. The results of this study suggest a need to develop and refine the theoretical models, and we offer suggestions for getting at the root of behavioral issues surrounding information security. © 2007 Wiley Periodicals, Inc.
86 citations
Book•
17 Apr 2008TL;DR: The role of law in EU integration is discussed in this article, where the authors discuss the role of BAT determinations in Bthis articles and the costs of using BAT norms in the determination of the best available techniques under the IPPC Directive.
Abstract: 1. Introduction 2. Traditional Perspectives on the role of law in EU integration 3. Critical Perspectives on the role of law in EU integration 4. What is EU 'law in action'? 5. Talking interests - generating procedure: How political discourse constructs key aspects of BAT determinations in BREFs 6. Variation in open and closed BAT norms 7. What does it cost? Economic discourse in the determination of 'the best available techniques' under the IPPC Directive 8. Does 'law' integrate? Licensing German and English coke ovens under the IPPC Directive 9. Conclusion.
19 citations
Book•
25 Aug 1999
TL;DR: In this paper, the authors draw out some possible lessons from past experiences to inform new efforts at legal reform in these countries-Ethiopia, Eritrea, Kenya, Tanzania, Uganda, and Zimbabwe.
Abstract: Given that previous efforts to ensure greater equity in personal laws have not been fully successful in eastern African countries, any new legal initiatives must not repeat the mistakes of the past where law merely remains on the books as a legitimizing tool that reinforces or supports gender discrimination, instead of actively protecting and guarding the interests of both men and women. This report attempts to draw out some possible lessons from past experiences to inform new efforts at legal reform in these countries-Ethiopia, Eritrea, Kenya, Tanzania, Uganda, and Zimbabwe. It examines the laws related to allocation of economic resources within households in the broader historical, social, and cultural context, and examines the effectiveness of these laws in challenging gender relationships. Chapter 2 describes the legal framework governing personal relationships in Ethiopia. Chapter 3 examines land issues, mainly in Kenya and Ethiopia, and the gender-based impact of the new land-tenure systems on African households. Together, these chapters are intended to demonstrate the legal system's failure to improve gender relationships within the household and the failure to ensure greater equity in allocating resources. Chapter 4 builds on the preceding two chapters to crystallize lessons emerging from these experiences. Chapter 5 describes some emerging approaches to legal reform; and Chapter 6 deliberates on the implications of these approaches to legal reform.
17 citations
Posted Content•
TL;DR: In this paper, the authors argue that since the relevant features described by Galligan are, ultimately, related to legal rules, his approach amounts to a top-down method of contextualising the impact of the law on society and as such loses sight of law's fluidity and societal embeddedness.
Abstract: In Law in Modern Society, Denis Galligan argues that adopting a social scientific perspective, which describes and analyses the law in extra-legal terms, can easily entail losing sight of the law as a distinct social formation. To avoid this pitfall, socio-legal research should contextualise those features of the legal system which are relevant to the actions of citizens and officials of the law. This essay argues that since the “relevant” features described by Galligan are, ultimately, related to legal rules, his approach amounts to a top-down method of contextualising the impact of the law on society and as such loses sight of law’s fluidity and societal embeddedness. Using Galligan’s methodology as its backdrop, this essay sketches the contours of three ideal typical approaches to the contextualisation of law. The first approach examines how social institutions absorb law within their existing networks of rules and relations; the second reverses law’s method of dislodging actions from their socio-historical context; and the third uncovers the socio-cultural and historical embeddedness of the legal system. This paper concludes by arguing that these three approaches reverse the de-contextualising effects of modern Western law in different ways and degrees. Scholars who employ the second and the third approaches often do so as part of their search for alternative forms of law and legality. What is identified by Galligan as losing sight of the distinctiveness of the law should, in their case, be explored in light of the ongoing struggle for law, rather than as the failure of social sciences to account for the specificity of positive law.
12 citations