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Law, society, and history : themes in the legal sociology and legal history of Lawrence M. Friedman

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Summary

  • "This book assembles essays on legal sociology and legal history by an international group of distinguished scholars. All of them have been influenced by the eminent and prolific legal historian, legal sociologist, and scholar of comparative law, Lawrence M. Friedman. Not just a Festschrift of essays by colleagues and disciples, this volume presents a sustained examination and application of Friedman's ideas and methods. Some of the writers directly assess and comment on Friedman's vast body of work, while others examine his conclusions to see how well they have stood up over time. Various contributors apply concepts and insights derived from Friedman's work to the study of similar problems in different periods and societies. And others use Friedman's concepts and insights as a foil or contrast to their own approaches to studying law and society from theoretical perspectives very different from his. Together, the essays in this volume show the powerful ripple effects of Friedman's work on American and comparative legal sociology, American and comparative legal history, and the general sociology of law and legal change"--

Notes

  • Includes bibliographical references and index.

Contents

  • Introduction / Robert W. Gordon and Morton J. Horwitz -- Lawrence Friedman and the canons of law and society / Lauren B. Edelman -- "Then and now" : Lawrence Friedman as an analyst of social and legal change / Vincenzo Ferrari -- Lawrence Friedman and the bane of functionalism / Victoria Saker Woeste -- Lawrence M. Friedman's comparative law / Tom Ginsburg -- To influence, shape and globalize : popular legal culture and law / Jo Carrillo -- Exploring legal culture : a few cautionary remarks from comparative research / José Juan Toharia -- The travails of total justice / Marc Galanter -- "Total justice" and political conservatism / Robert A. Kagan -- Failures of war tribunals : from Leipzig, Nuremberg, and Tokyo to Milošević and Saddam Hussein / Erhard Blankenburg -- Friedman on lawyers : a survey / Philip Lewis -- Legal culture and the state in modern Japan : continuity and change / Malcolm M. Feeley and Setsuo Miyazawa -- The death of contract : dodos and unicorns or sleeping rattlesnakes? / Stewart Macaulay -- Law, society, and the environment / Robert V. Percival -- Separating church and state : the Atlantic divide / James Q. Whitman -- Civil rites : the gay marriage controversy in historical perspective / Joanna L. Grossman -- Historian in the cellar / George Fisher -- The discreet charm of inquisitorial procedure : judges and lawyers in a case of lèse majesté in late eighteenth century Venezuela / Rogelio Pérez-Perdomo -- "Keep Negroes out of most classes where there are a large number of girls" : the unseen power of the Ku Klux Klan and standardized testing at the University of Texas, 1899-1999 / Thomas D. Russell -- Taking legal realism offshore : the contributions of Joseph Walter Bingham to American jurisprudence and to the reform of modern ocean law / Harry N. Scheiber -- Sociological jurisprudence : impossible but necessary : the case of contractual networks / Gunther Teubner -- How American legal academics' positions on economic-efficiency analysis, moral philosophy and valid legal argument disserve law and society empirical research / Richard S. Markovits