Muutke küpsiste eelistusi

Asian Law and Society Reader [Pehme köide]

(National University of Singapore), (State University of New York, Buffalo), (The University of Hong Kong)
  • Formaat: Paperback / softback, 450 pages, kõrgus x laius x paksus: 227x151x24 mm, kaal: 630 g, Worked examples or Exercises
  • Ilmumisaeg: 09-Mar-2023
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1108818994
  • ISBN-13: 9781108818995
  • Formaat: Paperback / softback, 450 pages, kõrgus x laius x paksus: 227x151x24 mm, kaal: 630 g, Worked examples or Exercises
  • Ilmumisaeg: 09-Mar-2023
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1108818994
  • ISBN-13: 9781108818995
"The Asian Law and Society Reader The first reader on Asian law and society scholarship, this book features reading selections from a wide range of Asian countries - East, South, Southeast, and Central Asia - along with original commentaries by the threeeditors on the theoretical debates and research methods pertinent to the discipline. Organized by themes and topical areas, the reader enables scholars and students to break out of country-specific silos to make theoretical connections across national borders. It meets a growing demand for law and society materials in institutions and universities in Asia and around the world. It is written at a level accessible to advanced undergraduate students and graduate students as well as experienced researchers and serves as a valuable teaching tool for courses focused on Asian law and society in law schools, area studies, history, religion, and social science fields such as sociology, anthropology, politics, government, and criminal justice. Lynette J. Chua is the author of Mobilizing Gay Singapore: Rights and Resistance in an Authoritarian State (2014); The Politics of Love in Myanmar: LGBT Mobilization and Human Rights as a Way of Life (2019); and The Politics of Rights and Southeast Asia (2022). She is also President of the Asian Law & Society Association (2022-23). David Engel was a former President of the Law & Society Association, and has received its Kalven Award, Book Prize, and Article Prize. He is author or coauthor of Injury and Injustice (2018); The Myth of the Litigious Society (2016); and Tort, Custom, and Karma: Globalization and Legal Consciousness in Thailand (2010). Sida Liu is a sociologist of law specializing in Chinese law, the legal profession, and sociolegal theory. He is coauthor of Criminal Defense in China: The Politics of Lawyers at Work (with Terence C. Halliday, 2016)"--

Arvustused

'This is just the volume that sociolegal scholars have been waiting for! The Asian Law and Society Reader is an elegantly organized, comprehensive, and accessible text, analyzing contemporary substantive topics within enduring legacies of colonialism and rapid legal and social transformation. The text illuminates the significance of this innovative and rich body of research for all law and society scholars today - wherever one works in the world.' Eve Darian-Smith, Professor and Chair of Global and International Studies, University of California, Irvine, and coeditor of the Routledge Handbook of Law and Society (2021) 'This book is a treasure trove of law and society research, spanning a massive diversity of societies and an equally broad array of issues. There is no scholar of the region who will fail to learn from it, and it will be of great use for teaching and research.' Tom Ginsburg, Leo Spitz Professor of International Law, Ludwig and Hilde Wolf Research Scholar, and Professor of Political Science, University of Chicago 'This intelligently curated collection brings together a new generation of Asian law and society research. It is exactly the right starting point for getting up to speed on the diversity of the field, or for anyone who wants to learn more about Asian politics and society through the lens of law.' Rachel Stern, Professor of Law and Political Science and Pamela P. Fong and Family Distinguished Chair in China Studies, School of Law, University of California, Berkeley 'In the twenty-first century, Asia will surely become another center for law and society scholarship. The inherent diversity of Asia will be further developed and conducive to future-oriented institutional experiments and knowledge innovation. From this point of view, the publication of The Asian Law and Society Reader is of great significance. I believe that it is the best introductory guide for Asian law and society research at this stage, and is also an indispensable reference for carrying out law and society education in Asian countries.' Weidong Ji, University Professor of Humanities and Social Sciences, Shanghai Jiao Tong University, and President, China Institute for Socio-Legal Studies 'This book examines the meaning and action of law in diverse Asian societies through a detailed examination of a wide range of issues. Readers will gain in-depth knowledge of various topics and will be able to read the universal significance of law and society studies in Asia.' Yoshitaka Wada, Professor of Law, Faculty of Law, Waseda University, Tokyo 'Grounded in rich empirical research, this volume extends the epistemological and methodological imagination of law and society. Intellectual conversations between empirical essays and insightful commentary reveal intellectual journeys of scholars and the field itself, achieving both a bird's-eye view of the field and insights into the lives of ordinary people as they negotiate socio-legal realities on the ground.' Yukiko Koga, Associate Professor of Anthropology, Yale University

Muu info

First reader to feature key law and society research and debates in nearly all Asian countries.
Acknowledgments xvii
Publisher's Acknowledgments xviii
Introduction 1(18)
1.1 What Is Law and Society?
2(4)
1.2 The Evolution of Law and Society in Asia
6(3)
1.3 The Plan of This Book:
Chapters and Crosscutting Themes
9(10)
References
17(2)
1 Religion
19(55)
I Legal Dimensions of the Classical Asian Religious Traditions
20(14)
1.1 Hinduism as a Legal Tradition, Donald R. Davis Jr.
20(3)
1.2 Introducing Buddhism and Law, Rebecca Redwood French and Mark A. Nathan
23(5)
1.3 Taoism: The Enduring Tradition, Russell Kirkland
28(3)
1.4 The Notion of Shari'a, Arskal Salim
31(3)
II Law in the Landscape of Sacred Practices
34(9)
1.5 State Law and the Law of Sacred Centers, David M. Engel and Jaruwan Engel
35(8)
III The Arrival of "Modern" Law and the Concept of Secularism
43(16)
1.6 The Aborted Restoration of "Indigenous" Law in India, Marc Galanter
44(3)
1.7 Smash Temples, Burn Books: Comparing Secularist Projects in India and China, Peter van der Veer
47(4)
1.8 Judging in God's Name: State Power, Secularism, and the Politics of Islamic Law in Malaysia, Tamir Moustafa
51(8)
IV Law, Religion, and Conflict in Contemporary Asia
59(15)
1.9 Theorising Talk about "Religious Pluralism" and "Religious Harmony" in Singapore, Vineeta Sinha
60(4)
1.10 Securing the Sasana through Law: Buddhist Constitutionalism and Buddhist-Interest Litigation in Sri Lanka, Benjamin Schonthal
64(5)
1.11 "Conventional Wisdom" and the Politics of Shinto in Postwar Japan, John Breen
69(3)
References
72(2)
2 Legal Pluralism
74(40)
I Evolution of the Concept of Legal Pluralism
77(5)
2.1 Legal Pluralism, Social Theory, and the State, Keebet von Benda-Beckmann and Bertram Turner
78(4)
II Legal Pluralism as State Policy
82(19)
2.2 Global Doctrine and Local Knowledge: Law in South East Asia, Andrew Harding
83(4)
2.3 Beyond Democratic Tolerance: Witch Killings in Timor-Leste, Rebecca Strating and Beth Edmondson
87(5)
2.4 Muslim Mandarins in Chinese Courts: Dispute Resolution, Islamic Law, and the Secular State in Northwest China, Matthew S. Erie
92(9)
III Legal Pluralism from the Ground Up
101(13)
2.5 Gender, Power, and Legal Pluralism: Rajasthan, India, Erin P. Moore
102(9)
References
111(3)
3 Disputing
114(25)
I Dispute-Based Fieldwork
116(4)
3.1 Conflict in the Village, Fernanda Pirie
116(4)
II Dispute Processing and Litigation
120(9)
3.2 "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China, Ke Li
121(8)
III Alternative Dispute Resolution
129(10)
3.3 Community Mediation as a Hybrid Practice: The Case of Mediation Boards in Sri Lanka, Sepalika Welikala
130(6)
References
136(3)
4 Legal Consciousness
139(44)
I National, Local, and Global Dimensions
141(12)
4.1 Kawashima and the Changing Focus on Japanese Legal Consciousness: A Selective History of the Sociology of Law in Japan, Masayuki Murayama
142(5)
4.2 Globalization and the Decline of Legal Consciousness: Torts, Ghosts, and Karma in Thailand, David M. Engel
147(6)
II The Role of Traditional Practices
153(8)
4.3 Legal Consciousness of the Leftover Woman: Law and Qing in Chinese Family Relations, Qian Liu
153(8)
III Rights Consciousness
161(15)
4.4 (Un)Becoming a Man: Legal Consciousness of the Third Gender Category in Pakistan, Muhammad Azfar Nisar
162(7)
4.5 Islamic Law, Women's Rights, and Popular Legal Consciousness in Malaysia, Tamir Moustafa
169(7)
IV Relational Legal Consciousness
176(7)
4.6 Justice, Emotion, and Belonging: Legal Consciousness in a Taiwanese Family Conflict, Hsiao-Tan Wang
177(4)
References
181(2)
5 Legal Mobilization
183(44)
I Scope of Legal Mobilization
185(7)
5.1 Constructing SSLM: Insights from Struggles over Women's Rights in Nepal, Margaret Becker
186(6)
II Legal Mobilization Tactics
192(16)
5.2 The Politics of Love in Myanmar: LGBT Mobilization and Human Rights as a Way of Life, Lynette J. Chua
192(4)
5.3 Labour Law and (In)justice in Workers' Letters in Vietnam, Tu Phuong Nguyen
196(3)
5.4 Pragmatic Resistance, Law, and Social Movements in Authoritarian States: The Case of Gay Collective Action in Singapore, Lynette J. Chua
199(2)
5.5 Performing Artivism: Feminists, Lawyers, and Online Legal Mobilization in China, Di Wang and Sida Liu
201(4)
5.6 Litigation Dilemmas: Lessons from the Marcos Human Rights Class Action, Nate Ela
205(3)
III Legal Mobilization Effects
208(19)
5.7 Indigeneity and Legal Pluralism in India: Claims, Histories, Meanings, Pooja Parmar
210(2)
5.8 The Paradox of Vernacularization: Women's Human Rights and the Gendering of Nationhood, Sealing Cheng
212(4)
5.9 Mobilizing the Law in China: "Informed Disenchantment" and the Development of Legal Consciousness, Mary E. Gallagher
216(4)
5.10 A People's Constitution: The Everyday Life of Law in the Indian Republic, Rohit De
220(4)
References
224(3)
6 Legal Professions
227(46)
I The Plurality of Law Practitioners
228(17)
6.1 Origins of the Indonesian Advocacy, Daniel S. Lev
228(4)
6.2 India's Grand Advocates: A Legal Elite Flourishing in the Era of Globalization, Marc Galanter and Nick Robinson
232(5)
6.3 Setting the Limits: Who Controls the Size of the Legal Profession in Japan?, Kay-Wah Chan
237(5)
6.4 Practising on the Moon: Globalization and the Legal Consciousness of Foreign Corporate Lawyers in Myanmar, Arm Tungnirun
242(3)
II Lawyers in the Market
245(12)
6.5 Lawyers, State Officials, and Significant Others: Symbiotic Exchange in the Chinese Legal Services Market, Sida Liu
246(3)
6.6 Just Like Global Firms: Unintended Gender Parity and Speculative Isomorphism in India's Elite Professions, Swethaa Ballakrishnen
249(4)
6.7 The Juridification of Cause Advocacy in Socialist Asia: Vietnam as a Case Study, John Gillespie
253(4)
III Lawyers and State Transformations
257(16)
6.8 The Political Origins of Professional Identity: Lawyers, Judges, and Prosecutors in Taiwan's State Transformation, Ching-fang Hsu
258(4)
6.9 Civil Society and the Lawyers' Movement of Pakistan, Sahar Shafqat
262(5)
6.10 The Political Origins of Cause Lawyering in Hong Kong, Waikeung Tarn
267(4)
References
271(2)
7 Courts
273(36)
I Courts as Cultural Symbols
274(8)
7.1 Legal Consciousness as Viewed through the Judicial Iconography of the Madras High Court, Rahela Khorakiwala
274(3)
7.2 Judging in the Buddha's Court: A Buddhist Judicial System in Contemporary Asia, Benjamin Schonthal
277(4)
7.3 Are Women Getting (More) Justice? Malaysia's Sharia Courts in Ethnographic and Historical Perspective, Michael G. Peletz
281(1)
II Courts as Social Organizations
282(14)
7.4 Punitive Processes? Judging in Thai Lower Criminal Courts, Duncan McCargo
283(5)
7.5 Chinese Courts as Embedded Institutions, Kwai Hang Ng and Xin He
288(5)
7.6 The Elastic Ceiling: Gender and Professional Career in Chinese Courts, Chunyan Zheng, Jiahui Ai, and Sida Liu
293(3)
III Courts as Political Battlegrounds
296(13)
7.7 The Judicialization of Politics in Taiwan, Chien-Chih Lin
297(7)
7.8 The Judicial System and Democratization in Post-Conflict Cambodia, Kheang Un
304(2)
References
306(3)
8 Crime and Justice
309(39)
I Punishment
310(13)
8.1 The Benevolent Paternalism of Japanese Criminal Justice, Daniel H. Foote
310(5)
8.2 Governing through Killing: The War on Drugs in the Philippines, David T. Johnson and Jon Femquest
315(4)
8.3 Body Count Politics: Quantification, Secrecy, and Capital Punishment in China, Tobias Smith
319(4)
II Justice
323(11)
8.4 The Expression of Justice in China, Flora Sapio, Susan Trevaskes, Sarah Biddulph, and Elisa Nesossi
323(6)
8.5 Old Wine in New Wineskins? A Trial of Restorative Justice in a Korean Criminal Court, Won Kyung Chang
329(5)
III The Criminal Process
334(14)
8.6 In Search of Judicial Legitimacy: Criminal Sentencing in Vietnamese Courts, Trang (Mae) Nguyen
334(3)
8.7 Performing Order, Making Money, Nick Cheesman
337(6)
8.8 Justice Is a Secret: Compromise in Rape Trials, Pratiksha Baxi
343(3)
References
346(2)
9 Practicing Law and Society Scholarship in Asia
348(35)
I Gaining Access and Getting Data
350(17)
9.1 Tort, Custom, and Karma: Globalization and Legal Consciousness in Thailand, David M. Engel and jaruwan Engel
350(4)
9.2 Constituting Religion: Islam, Liberal Rights, and the Malaysian State, Tamir Moustafa
354(2)
9.3 China and Islam: The Prophet, the Party, and Law, Matthew S. Erie
356(5)
9.4 A People's Constitution: The Everyday Life of Law in the Indian Republic, Rohit De
361(3)
9.5 Labour Law and (In)justice in Workers' Letters in Vietnam, Tu Phuong Nguyen
364(3)
II Navigating Identities
367(9)
9.6 Indigeneity and Legal Pluralism in India: Claims, Histories, Meanings, Pooja Parmar
367(4)
9.7 Public Secrets of Law: Rape Trials in India, Pratiksha Baxi
371(5)
III Practicing Law and Society Research in the Digital Age
376(7)
9.8 Doing Ethnography on Social Media: A Methodological Reflection on the Study of Online Groups in China, Di Wang and Sida Liu
376(7)
References 383(2)
Index 385
Lynette J. Chua is the author of Mobilizing Gay Singapore: Rights and Resistance in an Authoritarian State (2014); The Politics of Love in Myanmar: LGBT Mobilization and Human Rights as a Way of Life (2019); and The Politics of Rights and Southeast Asia (2022). She is also President of the Asian Law & Society Association (202223). A former President of the Law & Society Association, David Engel has received its Kalven Award, Book Prize, and Article Prize. He is author or co-author of Injury and Injustice (2018); The Myth of the Litigious Society (2016); and Tort, Custom, and Karma: Globalization and Legal Consciousness in Thailand (2010). Sida Liu is a sociologist of law specializing in Chinese law, the legal profession, and sociolegal theory. He is co-author of Criminal Defense in China: The Politics of Lawyers at Work (with Terence C. Halliday, 2016).