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Nobody's Law shows how people - who are disappointed, disenchanted,
and outraged about the justice system - gradually move away from
law. Using detailed case studies and combining different
theoretical perspectives, this book explores the legal
consciousness of ordinary people, businessmen, and street-level
bureaucrats in the Netherlands. The empirical research in this
study tells an original and alternative narrative about the role of
law in everyday life. While previous studies emphasize the law's
hegemony and argue that it's 'all over', Hertogh shows that legal
proliferation makes it harder for people to know, and subsequently
identify with, the law. As a result, official law has become
increasingly remote and irrelevant to many people. The central
finding presented in this highly topical text is that these
developments signal a process of 'legal alienation'- a gradual and
mundane process with potentially serious consequences for the
legitimacy of law. A timely and original study, this book will be
of particular interest to scholars in the fields of law and
society, socio-legal studies and legal theory.
The public sector ombudsman has become one of the most important
administrative justice institutions in many countries around the
world. This international and interdisciplinary Research Handbook
brings together leading scholars and practitioners to discuss the
state-of-the-art research on this increasingly prominent
institution. Traditionally, research on the ombudsman has been
conducted from a purely prescriptive or (legal) descriptive
perspective, mainly focusing on the ombudsman 'in the books'. By
contrast, this book illustrates how empirical research may
contribute to a better understanding of the ombudsman 'in action'.
It uses new empirical studies and competing theoretical
explanations to critically examine important aspects of the
ombudsman's work. The Research Handbook is organized in to four
parts: fundamentals of the ombudsman; the evolution of the
ombudsman; evaluation of the ombudsman; and the ombudsman office
and profession. Featuring case studies from Europe, Canada, Asia,
Africa, Latin America and Australia, chapters provide a
comprehensive global perspective on the issues at hand. This unique
Research Handbook will be of great value to researchers in the
fields of public law, socio-legal studies and alternative dispute
resolution who have an interest in the ombudsman. It will also be a
valuable resource for policymakers and practitioners, particularly
those working within ombudsman offices. Contributors include: V.
Ayeni, C.A. Barco, A. Bedner, R. Behrens, V. Bondy, B. Bradford, A.
Brenninkmeijer, S. Carl, J. Chan, N. Creutzfeldt, J. Dahlvik, M. de
Langen, M. Doyle, L. Diez, C. Gill, E. Govers, M. Groves, C.
Harlow, M. Hertogh, C. Hodges, B. Hubeau, R. Kirkham, M. Lezertua,
J. McMillan, N. O'Brien, A. Pohn-Weidinger, L.C. Reif, M. Remac, A.
Stumckhe, P. Tyndall, B. Tai, Y. van der Vlugt, E. van Gelder, R.
van Zutphen, V. Wong
This collection of essays is the first edited volume in the English
language which is entirely dedicated to the work of Eugen Ehrlich.
Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist
and professor of Roman law. He is considered by many as one of the
'founding fathers' of modern sociology of law. Although the
importance of his work (including his concept of 'living law') is
widely recognised, Ehrlich has not yet received the serious
international attention he deserves. Therefore, this collection of
essays is aimed at 'reconsidering' Eugen Ehrlich by bringing
together an interdisciplinary group of leading international
experts to discuss both the historical and theoretical context of
his work and its relevance for contemporary law and society
scholarship. This book has been divided into four parts. Part I of
this volume paints a lively picture of the Bukowina, in
southeastern Europe, where Ehrlich was born in 1862. Moreover it
considers the political and academic atmosphere at the end of the
nineteenth century. Part II discusses the main concepts and ideas
of Ehrlich's sociology of law and considers the reception of
Ehrlich's work in the German speaking world, in the United States
and in Japan. Part III of this volume is concerned with the work of
Ehrlich in relation to that of some his contemporaries, including
Roscoe Pound, Hans Kelsen and Cornelis van Vollenhoven. Part IV
focuses on the relevance of Ehrlich's work for current socio-legal
studies. This volume provides both an introduction to the important
and innovative scholarship of Eugen Ehrlich as well as a starting
point for further reading and discussion.
The Oxford Handbook of Administrative Justice examines the wide
range of scholarship exploring the administrative decisions made by
public authorities that affect individual citizens and the
mechanisms available for the provision of redress. The Handbook
identifies and provides a survey of key transnational themes in
administrative justice research, considers theoretical and
methodological approaches to administrative justice, and provides a
view of the future of administrative justice research. One aspect
of administrative justice, namely the study of law and
administration, is a core component of law school syllabuses and
scholarly research around the world. For many public lawyers, this
area of study has been focused heavily on legalistic redress
systems (e.g. judicial review). Justice against administrations,
however, is delivered through a much broader range of mechanisms
than legalistic processes alone: fair initial decision-making
procedures, internal review systems, ombuds, administrative
tribunals/adjudication, and other institutions play a vital role.
Despite their importance to modern governance across the globe (and
to the lives of individual citizens), these broader aspects of
administrative justice have been left relatively neglected and
under-researched, and the Handbook represents a groundbreaking
achievement in establishing administrative justice research as a
vital and discrete area of study. The Oxford Handbook of
Administrative Justice will be an essential resource for legal
scholars and social scientists wishing to understand the complexity
of this important field.
This collection of essays is the first edited volume in the English
language which is entirely dedicated to the work of Eugen Ehrlich.
Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist
and professor of Roman law. He is considered by many as one of the
'founding fathers' of modern sociology of law. Although the
importance of his work (including his concept of 'living law') is
widely recognised, Ehrlich has not yet received the serious
international attention he deserves. Therefore, this collection of
essays is aimed at 'reconsidering' Eugen Ehrlich by bringing
together an interdisciplinary group of leading international
experts to discuss both the historical and theoretical context of
his work and its relevance for contemporary law and society
scholarship. This book has been divided into four parts. Part I of
this volume paints a lively picture of the Bukowina, in
southeastern Europe, where Ehrlich was born in 1862. Moreover it
considers the political and academic atmosphere at the end of the
nineteenth century. Part II discusses the main concepts and ideas
of Ehrlich's sociology of law and considers the reception of
Ehrlich's work in the German speaking world, in the United States
and in Japan. Part III of this volume is concerned with the work of
Ehrlich in relation to that of some his contemporaries, including
Roscoe Pound, Hans Kelsen and Cornelis van Vollenhoven. Part IV
focuses on the relevance of Ehrlich's work for current socio-legal
studies. This volume provides both an introduction to the important
and innovative scholarship of Eugen Ehrlich as well as a starting
point for further reading and discussion.
How effective are the courts in controlling bureaucracies? What
impact does judicial review have on the agencies which are targeted
by its rulings? For the first time, this book brings together the
insights of two intellectual disciplines which have hitherto
explored these questions separately: political science and
law/socio-legal studies. Leading international scholars from both
fields present new research which focuses on the relationship
between judicial review and bureaucratic behaviour. Individual
contributors discuss fundamental conceptual and methodological
issues, in addition to presenting a number of empirical case
studies from various parts of the world: the United States, Canada,
Australia, Israel, and the United Kingdom. This volume constitutes
a landmark text offering an international, interdisciplinary and
empirical perspective on judicial review's impact on bureaucracies.
It will significantly advance the research agenda concerning
judicial review and its relationship to social change.
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