Full Description
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. 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.
Contents
Part I. Overviews and Assessments of Friedman's Work: 1. Lawrence Friedman and the canons of law and society Lauren Edelman; 2. 'Then and now': Lawrence Friedman as an analyst of social change Vincenzo Ferrari; 3. Lawrence Friedman and the bane of functionalism Victoria Woeste; 4. Lawrence M. Friedman's comparative law Thomas Ginsburg; Part II. Applications of Concepts, Insights and Methods in Friedman's Work: 5. To influence, shape and globalize: popular legal culture and law Jo Carrillo; 6. Exploring legal culture: a few cautionary remarks from comparative research Jose Juan Toharia; 7. The travails of total justice Marc Galanter; 8. 'Total justice' and political conservativism Robert A. Kagan; 9. Friedman on lawyers: a survey Philip Lewis; 10. Legal culture and the state in modern Japan: continuity and change Setsuo Miyasawa and Malcolm Feeley; 11. The death of contract: dodos and unicorns or sleeping rattlesnakes? Stewart Macaulay; 12. Law society and the environment Robert V. Percival; 13. American religiosity: why the difference with France? James Whitman; 14. Same-sex marriage: situating a modern controversy in historical context Joanna L. Grossman; Part III. Facts from the Underground: Digging Legal History out of the Cellar: 15. Historian in the cellar George Fisher; 16. The discreet charm of inquisitorial procedure: judges and lawyers in a case of lèse majesté in late 18th century Venezuela Rogelio Pérez Perdomo; 17. 'Keep the negroes out of the classes with the most girls': lynching, standardized testing, and portraiture as support for white supremacy at the University of Texas, 1899-1999 Thomas D. Russell; 18. Legal realism goes offshore: debates over rule of law and the control of ocean resources, 1937-53 Harry N. Scheiber; Part IV. Perspectives from Other Conceptual Worlds: 19. Sociological jurisprudence - impossible but necessary: the case of contractual networks Gunther Teubner; 20. How American legal academics' positions on economic-efficiency analysis, moral philosophy and valid legal argument disserve law and society empirical research Richard Markovits.
