Socio-Legal Studies (Law)

William Twining is one of the most influential figures in academic law and legal education. His trailblazing contribution to the broadening of legal education and scholarship has been pivotal. He is an activist reformer and an international leader in fields as diverse as jurisprudence, evidence, globalization, and legal education.

This discussion arises out of lengthy recorded conversations in which William talks about his latest book, Jurist in Context: A Memoir (hereinafter JIC ). It recounts the development of his thoughts and writings in the context of Africa, the United Kingdom, and the United States, addressing topics that have been central to his life and research. The book advances a conception of Jurisprudence that contributes to the academic discipline of Law in several ways, and it provides a vivid and often amusing context for all of William's writings. Addressed to academic lawyers and non‐specialists alike, William's story demonstrates the importance of the discipline of Law and its future development and potential. JIC has a distinct identity, covering a wide range of topics unified by a particular tone that is at once valedictory, self‐critical, and personal. It has the character of its author: humane, generous, and rational; ambitious in aim though modest in tone; and acerbically direct in its diagnosis of what is wrong with legal education and what needs to be put right. In this dialogue, we focus on only a selection of the topics addressed in JIC , aiming to convey the flavour of William's latest thinking, and to extend its arguments. We concentrate on topics that we hope will be of particular interest to readers of this journal. The discussion illuminates a range of issues including the significance of Africa, colonialism, and decolonization; how William felt betrayed by Salmond on the Law of Torts ; how his periods in Africa, Belfast during the Troubles, Warwick, and the United States shaped his thinking; and his conception of Law as an academic discipline and the role of theorizing within it, responding to those who regard his own approach as insufficiently critical or simply ‘liberal’. It also delineates some of the most important thinkers who have influenced him; his analysis of the concept of ‘law in context’; his thoughts on the interplay between socio‐legal work and empiricism, American Legal Realism, and ‘realism’; his reassessment of his own work, including his mea culpas and changes of mind; his latest thoughts on legal education; and the added value that a globalization and law perspective and the work of non‐Western jurists bring to the discipline of Law and to Jurisprudence. Brief reflections on the message that William would most like JIC to convey bring the conversation to a close.

Here, William adds a more personal reflection to his formal publications. The conversation also offers a fascinating window on the development of, and the struggles surrounding, legal education and academic legal thought over the second half of the twentieth century and the early part of the twenty‐first.

Methodology refers to the way we approach a problem to obtain its solution which may also mean the way we conduct the research. A successful legal research will start with the understanding that research is a process.Diierent kinds of research or researches done under diierent disciplines are bound to use diierent methodolo-gies, yet the basic approach towards research remains the same. The approach adopted in the research has deep impact upon the ndings and the solutions ooered by the research.In an attempt to bring various perspectives, dimensions, and applications of research in law together, the present volume 'Legal Research and Methodology (Perspectives, Process and Practice)' divides the subject into three parts viz. Perspectives on Legal Research, Process of Research, and Research Methodology: Practical Applications. The text is compiled in a sequence so that it meets the requirements of students, researchers and practitioners alike who often have highly varying degree of research experience and expertise. In its twenty nine chapters the book covers an extensive range of issues which make it a distinctive contribution in the eld of law and research in law. The purpose of the book is to present contributions which show the realistic picture of the nuances of legal research. A lot has been written on the subject in past, however, collection of thoughts on various perspectives in addition to the general aspects of methodology was missing. The third part of the book gives prominence to the practical aspects of the diierent dimensions of the research methodology. The division of the book in the three parts serves a clear purpose of guiding any researcher through his or her research viz. explaining the perspective and approach to be adopted, research process to be followed and nally presenting the work in the form of writing the research outcomes. The present book promises to fullll the demand for a comprehensive work on legal research methodology adopting an interdisciplinary perspective to be used by students of post-graduation, research scholars, teachers as well as practitioners.

Back cover text: Real Social Science presents a new, hands-on approach to social inquiry. The theoretical and methodological ideas behind the book, inspired by Aristotelian phronesis, represent an original perspective within the social sciences, and this volume gives readers for the first time a set of studies exemplifying what applied phronesis looks like in practice. The reflexive analysis of values and power gives new meaning to the impact of research on policy and practice. Real Social Science is a major step forward in a novel and thriving field of research. This book will benefit scholars, researchers, and students who want to make a difference in practice, not just in the academy. Its message will make it essential reading for students and academics across the social sciences.

The growing Canadian immigration detention system touches upon the lives of thousands of people daily. However, despite significant legal and normative problems, the Canadian detention system seems to be escaping sustained scrutiny. To address this gap, we employ the rubric of " access to justice " to refocus on inequalities being reproduced in the legal system that impede fair, unprejudiced, and non-arbitrary treatment for minorities and vulnerable people. If law is meant to govern equally and to ensure against arbitrary deprivations of liberty, immigration detainees should not be placed outside its reaches. Yet, our examination of access to justice in the Canadian detention system demonstrates that exactly this sort of displacement is occurring. Above and beyond the basic deprivation of liberty and setback to immigrants and asylum seekers' interests, detention inflicts irreparable psychological, physical, and social damage. We point to issues such as deteriorating daily detention conditions, far-flung facilities locations, unfair discretionary decision-making, lack of options for women, children, and vulnerable people, the compounding reasons for indefinite detention, inadequate legal aid and access to counsel. Canada is propagating an extremely costly and ineffective system of administrative detention that is often in contravention of national and international standards on immigration detention.

Es ist gezeigt worden, wie ein Rechtsmittelsystem einer Prozessrisikoanalyse unterzogen werden kann. Unter der Rationalitätsannahme konnte hergeleitet werden, wann es sich für Kläger und Beklagten lohnt, sich zu einigen oder vor Gericht zu gehen, und welche Instanzen in Anspruch genommen werden sollten. In das hier vorgestellte Modell lassen sich auch Spezifika wie die Sprungrevision, die Prozesskostenhilfe und anderes mehr einbauen. Ebenfalls kann man den Zins einführen und in Barwerten rechnen, wenn man dem Suspensiveffekt Rechnung tragen möchte (schließlich dauern Rechtsmittelverfahren im Durchschnitt drei bis vier Jahre). Auch ist das Modell geeignet, mit empirisch ermittelten Zahlen gefüttert zu werden, um es einer Überprüfung mit der Realität auszusetzen.

Racism, oppression, global warming-our world seems to be mired in complex, intractable issues with no clear way forward. But maybe we are looking for a light at the end of the wrong tunnel? We may be looking to resolve our differences and find solutions to our problems too quickly, when instead we need to deepen and intensify our conflicts and prepare for an extended effort to confront the systems that have created and perpetuated them.

This book address how those interested in social justice can approach the necessary conflicts that we must engage in and sustain to bring about significant change. We address this challenge from the perspective of practitioners and students of conflict but also, as lifelong participants in social change efforts. The book is a guide to conflict engagement for non-violent social change.

The first edition of this Research Handbook offers unparalleled insights into the large-scale resurgence of interest in Marx and Marxism in recent years, with contributions devoted specifically to Marxist critiques of law, rights, and the state.

The Research Handbook brings together thirty-three scholars of Marx, Marxism, and law from around the world to offer theoretically informed introductions to the Marxist tradition of social critique, contemporary Marxist analyses of law and rights, and future orientations of Marxist legal analysis. Chapters testify to the strength of Marxist critical tools for understanding the role of law, rights, and the state in capitalist societies.

Exploring Marxist critique across an extraordinarily wide range of scholarly disciplines, this Research Handbook is a must-read for scholars of law, politics, sociology, philosophy, and political economy who are interested in Marxism. Graduate and advanced undergraduate students in these and related disciplines will also benefit from the Research Handbook.

The volume is edited by Paul O'Connell (Reader in Law, SOAS, University of London) and Umut Özsu (Associate Professor of Law and Legal Studies, Carleton University).

Contributors include Max Ajl (Postdoctoral Researcher, Department of Social Sciences, Rural Sociology Group, Wageningen University & Research), Rémi Bachand (Professor of Law, Université du Québec à Montréal), Miriam Bak McKenna (Lecturer in Law, Lund University), Clyde W. Barrow (Professor of Political Science, University of Texas Rio Grande Valley), Enzo Bello (Associate Professor, Universidade Federal Fluminense, Rio de Janeiro), Bill Bowring (Professor of Law, Birkbeck, University of London), Honor Brabazon (Assistant Professor of Sociology and Legal Studies, St. Jerome’s University in the University of Waterloo), Gustavo Capela (PhD Candidate in Anthropology, University of California, Berkeley), Cosmin Sebastian Cercel (Associate Professor of Law, University of Nottingham), B. S. Chimni (Distinguished Professor of International Law, OP Jindal Global University), Pablo Ciocchini (Lecturer in Criminology, University of Liverpool), Natalia Delgado (Lecturer in Law, University of Southampton), Matthew Dimick (Professor of Law, University of Buffalo), Radha D’Souza (Reader in Law, University of Westminster), Michael Head (Professor of Law, Western Sydney University), Nate Holdren (Associate Professor of Law, Politics, and Society, Drake University), Rob Hunter (Independent Scholar, PhD in Politics, Princeton University), Talina Hürzeler (Independent Scholar, LLB, University of New South Wales), Bob Jessop (Emeritus Professor of Sociology, University of Lancaster), Rene José Keller (Independent Scholar, PhD in Law, Universidade do Estado do Rio de Janeiro, and PhD in Social Work, Pontifícia Universidade Católica do Rio Grande do Sul), Rafael Khachaturian (Lecturer in Critical Writing, University of Pennsylvania), Stéfanie Khoury (Independent Scholar, PhD in Sociology of Law, Università degli Studi di Milano and Universidad del País Vasco), Dimitrios Kivotidis (Lecturer in Law, University of East London), Daniel McLoughlin (Senior Lecturer in Law, Society, and Criminology, University of New South Wales), Eva Nanopoulos (Senior Lecturer in Law, Queen Mary, University of London), August H. Nimtz (Professor of Political Science and African American and African Studies, University of Minnesota), Paul O’Connell (Reader in Law, SOAS, University of London), Chris O’Kane (Assistant Professor of Political Science, University of Texas Rio Grande Valley), Rebecca Schein (Associate Professor of Interdisciplinary Studies, Carleton University), Igor Shoikhedbrod (Assistant Professor of Political Science and Law, Justice, and Society, Dalhousie University), Nimer Sultany (Reader in Law, SOAS, University of London), Christine Sypnowich (Professor of Philosophy, Queen’s University), and Ahmed White (Professor of Law, University of Colorado at Boulder).