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Fighting for Political Freedom Comparative Studies of the Legal Complex and Political Liberalism

Halliday Terence C. Karpik Lucien Feeley Malcolm
Heftet / 2007 / Engelsk

Produktdetaljer

ISBN
9781841137681
Publisert
2007-12-20
Utgiver
Vendor
Hart Publishing
Høyde
234 mm
Bredde
156 mm
Dybde
26 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
520

Redaktør
Halliday Terence C.
Karpik Lucien
Feeley Malcolm

Biographical note

Terence C Halliday is a Senior Research Fellow at the American Bar Foundation in Chicago. Lucien Karpik is at the Ecole des Mines, Centre Raymond Aron (EHESS), Paris. Malcolm M. Feeley is Claire Sanders Clements Dean's Chair Professor of Law at the University of California, Berkeley.

Fighting for Political Freedom Comparative Studies of the Legal Complex and Political Liberalism

Halliday Terence C. Karpik Lucien Feeley Malcolm
Heftet / 2007 / Engelsk
Halliday Terence C. Karpik Lucien Feeley Malcolm
Heftet / 2007 / Engelsk
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[The] broad coverage is truly impressive and refreshing in itself. When are all these countries, traditions, cultures ever brought together not just in one volume, but in a comparative project? There are more reasons, why this book is remarkable. It reminds the reader of the political relevance of sociology of law and the sociology of profession by covering issues such as Guantanamo and the role of the courts, the war against terrorism and the abolition of rights, authoritarian regimes and the force of law, the legal market and the professions' societal responsibility. Thomas Scheffer and Hyo-Eun Shin The Law & Politics Book Review Vol. 18 No.9 (September 2008) The hallmark of this remarkable volume is the conceptualization of the legal complex and its relationship to political lawyering. Laura J. Hatcher Law and Society Review Vol 43, No 1

Across the world political liberalism is being fought for, consolidated and defended. That is the case for nations that have never enjoyed a liberal political society, for nations that have advanced towards and then retreated from political liberalism, for nations that have recently shifted from authoritarian to liberal political systems, and for mature democracies facing terrorism and domestic conflict. This book tests for the contemporary world the proposition that lawyers are active agents in the construction of liberal political regimes. It examines the efficacy of a framework that postulates that legal professions not only orient themselves to a market for their services but can frequently be seen in the forefront of actors seeking to institutionalise political liberalism. On the basis of some 16 case studies from across the world, the authors present a theoretical link between lawyers and political liberalism having wide-ranging application over radically diverse situations in Asia and the Middle East, North and South America, and Europe. They argue that it is not the politics of lawyers alone but the politics of a 'legal complex' of legally trained occupations, centred on lawyers and judges, that drives advances or retreats from political liberalism, that political liberalism itself is everywhere in play, in countries with established democracies and those without liberal politics and that it is now clear that the legal arena is a central field of struggle over the shape of political power. The case studies presented here provide powerful evidence that the nexus of bar and bench in transitions towards or away from political liberalism is a force which has universal application.
Les mer
This book tests for the contemporary world the proposition that lawyers are active agents in the construction of liberal political regimes.

1. The Legal Complex and Struggles for Political Liberalism
Terence C Halliday, Lucien Karpik and Malcolm M Feeley

Part One: Asia

2. Law and the Liberal Transformation of the Northeast Asian Legal Complex in Korea and Taiwan
Tom Ginsburg

3. Birth of a Liberal Moment? Looking Through a One-Way Mirror at Lawyers’ Defence of Criminal Defendants in China
Terence C Halliday and Sida Liu

4.‘Dissolving the People’: Capitalism, Law and Democracy in Hong Kong
Carol Jones

5. The State, Civil Society, and the Legal Complex in Modern Japan: Continuity and Change
Malcolm M Feeley and Setsuo Miyazawa

Part Two: Middle East

6. Mobilising the Law in an Authoritarian State: The Legal Complex in Contemporary Egypt
Tamir Moustafa

7. Reluctantly Sailing Towards Political Liberalism: The Political Role of the Judiciary in Turkey
Zühtü Arslan

8. The Ambivalent Language of Lawyers in Israel: Liberal Politics, Economic Liberalism, Silence and Dissent
Gad Barzilai

Part Three: The Americas

9. The Legal Complex and the Response to Police Violence in South America
Daniel M Brinks

10. When the ‘Political Complex’ takes the Lead: The Configuration of a Moderate State in Chile
Javier A Couso

11. Lawyers and Political Liberalism in Venezuela
Rogelio Perez Perdomo

12. Contesting Legality in the United States after September 11
Richard L Abel

Part Four: Europe

13. Politicising Law to Liberalise Politics: Anti-Francoist Judges and Prosecutors in Spain’s Democratic Transition
Lisa Hilbink

14. Lawyers and Statist Liberalism in Italy
Carlo Guarnieri

Postscript

15. Political Lawyers
Lucien Karpik

Les mer
This book tests for the contemporary world the proposition that lawyers are active agents in the construction of liberal political regimes.

Original research and theory on the relations between law, legal institutions and social processes.
The volumes in this series are eclectic in their disciplines, methodologies and theoretical perspectives, but they all share a strong comparative emphasis. The volumes originate in workshops hosted by the Onati International Institute for the Sociology of Law.

Founding Series Editors:
William L F Felstiner
Eve Darian-Smith

Editorial Board:
Carlos Lugo, Hostos Law School, Puerto Rico
Jacek Kurczewski, Warsaw University, Poland
Marie-Claire Foblets, Max Planck Institute for Social Anthropology, Germany
Ulrike Schultz, Fern Universität, Germany

Les mer

Relaterte produkter

[The] broad coverage is truly impressive and refreshing in itself. When are all these countries, traditions, cultures ever brought together not just in one volume, but in a comparative project? There are more reasons, why this book is remarkable. It reminds the reader of the political relevance of sociology of law and the sociology of profession by covering issues such as Guantanamo and the role of the courts, the war against terrorism and the abolition of rights, authoritarian regimes and the force of law, the legal market and the professions' societal responsibility. Thomas Scheffer and Hyo-Eun Shin The Law & Politics Book Review Vol. 18 No.9 (September 2008) The hallmark of this remarkable volume is the conceptualization of the legal complex and its relationship to political lawyering. Laura J. Hatcher Law and Society Review Vol 43, No 1

Across the world political liberalism is being fought for, consolidated and defended. That is the case for nations that have never enjoyed a liberal political society, for nations that have advanced towards and then retreated from political liberalism, for nations that have recently shifted from authoritarian to liberal political systems, and for mature democracies facing terrorism and domestic conflict. This book tests for the contemporary world the proposition that lawyers are active agents in the construction of liberal political regimes. It examines the efficacy of a framework that postulates that legal professions not only orient themselves to a market for their services but can frequently be seen in the forefront of actors seeking to institutionalise political liberalism. On the basis of some 16 case studies from across the world, the authors present a theoretical link between lawyers and political liberalism having wide-ranging application over radically diverse situations in Asia and the Middle East, North and South America, and Europe. They argue that it is not the politics of lawyers alone but the politics of a 'legal complex' of legally trained occupations, centred on lawyers and judges, that drives advances or retreats from political liberalism, that political liberalism itself is everywhere in play, in countries with established democracies and those without liberal politics and that it is now clear that the legal arena is a central field of struggle over the shape of political power. The case studies presented here provide powerful evidence that the nexus of bar and bench in transitions towards or away from political liberalism is a force which has universal application.
Les mer
This book tests for the contemporary world the proposition that lawyers are active agents in the construction of liberal political regimes.

1. The Legal Complex and Struggles for Political Liberalism
Terence C Halliday, Lucien Karpik and Malcolm M Feeley

Part One: Asia

2. Law and the Liberal Transformation of the Northeast Asian Legal Complex in Korea and Taiwan
Tom Ginsburg

3. Birth of a Liberal Moment? Looking Through a One-Way Mirror at Lawyers’ Defence of Criminal Defendants in China
Terence C Halliday and Sida Liu

4.‘Dissolving the People’: Capitalism, Law and Democracy in Hong Kong
Carol Jones

5. The State, Civil Society, and the Legal Complex in Modern Japan: Continuity and Change
Malcolm M Feeley and Setsuo Miyazawa

Part Two: Middle East

6. Mobilising the Law in an Authoritarian State: The Legal Complex in Contemporary Egypt
Tamir Moustafa

7. Reluctantly Sailing Towards Political Liberalism: The Political Role of the Judiciary in Turkey
Zühtü Arslan

8. The Ambivalent Language of Lawyers in Israel: Liberal Politics, Economic Liberalism, Silence and Dissent
Gad Barzilai

Part Three: The Americas

9. The Legal Complex and the Response to Police Violence in South America
Daniel M Brinks

10. When the ‘Political Complex’ takes the Lead: The Configuration of a Moderate State in Chile
Javier A Couso

11. Lawyers and Political Liberalism in Venezuela
Rogelio Perez Perdomo

12. Contesting Legality in the United States after September 11
Richard L Abel

Part Four: Europe

13. Politicising Law to Liberalise Politics: Anti-Francoist Judges and Prosecutors in Spain’s Democratic Transition
Lisa Hilbink

14. Lawyers and Statist Liberalism in Italy
Carlo Guarnieri

Postscript

15. Political Lawyers
Lucien Karpik

Les mer
This book tests for the contemporary world the proposition that lawyers are active agents in the construction of liberal political regimes.

Original research and theory on the relations between law, legal institutions and social processes.
The volumes in this series are eclectic in their disciplines, methodologies and theoretical perspectives, but they all share a strong comparative emphasis. The volumes originate in workshops hosted by the Onati International Institute for the Sociology of Law.

Founding Series Editors:
William L F Felstiner
Eve Darian-Smith

Editorial Board:
Carlos Lugo, Hostos Law School, Puerto Rico
Jacek Kurczewski, Warsaw University, Poland
Marie-Claire Foblets, Max Planck Institute for Social Anthropology, Germany
Ulrike Schultz, Fern Universität, Germany

Les mer

Produktdetaljer

ISBN
9781841137681
Publisert
2007-12-20
Utgiver
Vendor
Hart Publishing
Høyde
234 mm
Bredde
156 mm
Dybde
26 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
520

Redaktør
Halliday Terence C.
Karpik Lucien
Feeley Malcolm

Biographical note

Terence C Halliday is a Senior Research Fellow at the American Bar Foundation in Chicago. Lucien Karpik is at the Ecole des Mines, Centre Raymond Aron (EHESS), Paris. Malcolm M. Feeley is Claire Sanders Clements Dean's Chair Professor of Law at the University of California, Berkeley.

Relaterte produkter