| 1. |
- Banakar, Reza, et al.
(författare)
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Law and Regulation in Late Modernity
- 2013
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Ingår i: Law and Social Theory. - 9781849463812 ; 1, s. 305-324
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Bokkapitel (refereegranskat)abstract
- What happens to law when social institutions which ground its normativity become unstable and transitory? How can regulation make sense when fleetingness and fluidity become the enduring property of social structures? The social consequences of globalisation and the rise of the network society have heightened and expanded human agency’s powers of reflexivity vis-à-vis social structures. They have accelerated the process which melts the solid contours of the industrial society, paving the way for the emergence of reflexive or late modernity. These radical transformative processes have increased the agency’s ability to free itself from the constraints of social institutions and enabled it to move beyond the effective reach of traditional forms of social control. Under these conditions, forms of law, which are tied to social structures, lose their determinacy as they try to respond to the fluidity of social processes. This chapter starts by introducing the notion of late modernity before moving on to explore how the law fares under socio-cultural conditions specific to late modern societies. Part One uses the financial global crisis of 2007-2008 as a backdrop against which to formulate a number of concerns regarding the limits of legal regulation in late modernity. Part Two explores the formation and operations of the late modern state, asking if power is separated from politics and has moved to the level of global organisations. Part Three asks what kind of law is emerging de facto in response to the fluidity of late modernity, and how legal imagination envisages the future of law. The chapter concludes by discussing why late modernity, which marks the agency’s heightened powers of reflexivity, appears paradoxically wanting in transcendental imagination and determination.
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| 2. |
- Banakar, Reza, et al.
(författare)
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Law, Love and Responsibility : A Note on Solidarity in EU Law
- 2018
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Ingår i: Festskrift till Håkan Hydén. - 9789154405756 ; , s. 69-83
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- This paper argues that although solidarity was developed as a principle in EU law to enhance the unity and cooperation between the Member States, its viability at the transnational level remains ultimately a function of its efficacy at the micro level of EU citizens. The question at the core of this inquiry concerns, therefore, how micro and macro dimensions of solidarity are related to each other sociologically and what their relationship means for EU law and the EU’s integration policy. The paper begins by taking a closer look at how the notion of solidarity has been conceptualised within sociology and the sociology of law, before examining the role of solidarity in EU law and policy. It concludes by arguing that the crisis of solidarity must be reexamined in the context of the contradictory policies pursued by the EU which, on the one hand, promote social conflicts while, on the other hand, seek to stabilise social conditions by appealing to a European sense of solidarity. This turns the EU into a source of anxiety that generates a negative form of solidarity, one which is tribal in nature and lends itself easily to the populist tide of nationalism and fear that is currently sweeping across Europe.
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| 3. |
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| 4. |
- Banakar, Reza, et al.
(författare)
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Law, Community and the 2011 London Riots
- 2014
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Ingår i: Law, Society and Community. - 9781472409829 ; , s. 169-186
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Bokkapitel (refereegranskat)abstract
- Can local communities on the margins of society be charged with the responsibility of maintaining their own social order? What type of law (if any) can bring social order to these communities? Using semi-structured interviews with social workers, police officers, lawyers and other professionals familiar with the Tottenham riots, this chapter offers an inside view into what community means in a rundown London suburb and how it is linked to law, justice, social order and identity. The interviews will help us to tease out the empirical complexity of the interplay between the public political discourse on community, the everyday reality of those who live and work in areas such as Tottenham and social order. They will also allow us to explore Roger Cotterrell’s idea of community as a source of self-governance and law.
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| 5. |
- Banakar, Reza, et al.
(författare)
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Law, Community and the 2011 London Riots
- 2016
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Ingår i: Scandinavian Studies in Law. - 0085-5944. ; 62, s. 79-100
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- Can local communities on the margins of society be charged with the responsibility of maintaining their own social order? What type of law (if any) can bring social order to these communities? Using semi-structured interviews with social workers, police officers, lawyers and other professionals familiar with the Tottenham riots, this chapter offers an inside view into what community means in a rundown London suburb and how it is linked to law, justice, social order and identity. The interviews will help us to tease out the empirical complexity of the interplay between the public political discourse on community, the everyday reality of those who live and work in areas such as Tottenham and social order. They will also allow us to explore Roger Cotterrell’s idea of community as a source of self-governance and law.
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| 6. |
- Banakar, Reza
(författare)
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Sociology of Law
- 2011
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Ingår i: Sociopedia.isa. ; :2011
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Tidskriftsartikel (refereegranskat)abstract
- Many of the original sociological premises, concepts and ideas regarding social action, legal change and social reform were initially formulated by studying conditions specific to Western industrial societies. The socio-cultural consequences of globalisation over the last three decades have, however, affected the relationship between state, law and society, blurred sharply drawn distinctions between the West and the rest of the world and transformed the socio-cultural setting within which legal regulation is devised and social reform planned. This paper asks to what extent socio-legal research has reconsidered its theoretical premises regarding the relationship between law, state and society to grasp the new social and cultural forms of organisation specific to global societies of the 21st century. This objective is pursued in four parts. Part One sketches the intellectual origins of SL and describes its scope and paradigmatic openness. Part Two presents SL partly in relation to social sciences and partly in relation to law and legal studies, briefly examining some of the central debates within the field. Part Three draws attention to the asynchronous development of SL across various countries, asking why the main body of socio-legal research continues to be produced in Western countries. This part considers various factors which might cause this imbalance and also asks if socio-legal theories that are born out of studies of Western industrialised societies are suitable for examining law and social order in non-Western contexts. Part Four concludes the paper by arguing that the socio-cultural consequences of globalisation erode the traditional boundaries of law and legal systems, hybridise legal cultures and create new conditions for legal regulation.
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| 7. |
- Hartzén, Ann-Christine
(författare)
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The European Social Dialogue in Perspective : Its future potential as an autopoietic system and lessons from the global maritime system of industrial relations
- 2017
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- There are three starting points for this thesis. First, there is the system of ESD, which is criticised for lacking capacity to improve the working conditions within the EU. Secondly, there is the system developed through the global ITF FOC campaign, which is considered to have capacity to improve working conditions for seafarers at a global level. Thirdly, there is the theory on self-referential autopoietic systems, which is a useful tool for analysing systems of industrial relations and their functions. The purpose of this thesis is to deepen the understanding of the function of the ESD in relation to the development of EU legislation and policy with the aim of trying to find a model for providing a holistic analysis of regulatory systems for the labour market. The research questions are: ‘How can the significant differences and similarities between the ESD and the global ITF FOC campaign be understood?’ and ‘Why is the ESD generally regarded as lacking the capacity needed for producing results that improve working conditions, while the ITF FOC is considered to have such capacity?’ The theoretical framework used for the analysis is Luhmann’s theory on autopoietic systems. Since the thesis has a normative core I have applied a methodological model that consists of a two-layer analysis at both the empirical and theoretical level. Firstly an analysis of positivistic values has been carried out and secondly an analysis of hermeneutic values. The empirical material consists of documents and texts that can be considered part of or reflecting the communication of the studied systems. The main conclusion is that whereas the ITF FOC system is a traditional system of industrial relations based on the binary code of negotiable or non-negotiable between collective actors the ESD is a system of industrial relations based on a less clear binary code of discussable or non-discussable. The ESD is also subject to less developed communicative structures that negatively affect the system’s capacity both to produce results and to secure the efficient implementation and application of these results. This makes the ESD as a system more sensitive to hermeneutic values framing the programming of structurally coupled systems causing difficulties for the ESD to challenge such hermeneutic values.
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| 8. |
- Banakar, Reza, et al.
(författare)
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The Life of the Law in the Islamic Republic of Iran
- 2018
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Ingår i: Iranian Studies. - : Cambridge University Press (CUP). - 0021-0862 .- 1475-4819. ; 51:5, s. 717-746
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Tidskriftsartikel (refereegranskat)abstract
- Beyond the esoteric deliberations of Islamic jurists and their exegesis of criminal and private law doctrines, Iranian law lives a life of its own. It is a life of routine practices of judges, court clerks, lawyers and clients, each of whom is striving to turn the law to their own advantage. It is also a life of contested legality, a relentless struggle over the right to determine the law in a juridical field which is infused with strife and hostility. These conflicts are reproduced daily as two competing conceptions of law, and their corresponding perceptions of legality clash in pursuit of justice. The Iranian judiciary’s concept of law, their reconstruction of Islamic jurisprudence and their methods of dispensing justice, which on the surface are reminiscent of Max Weber’s “qadi-justice,” collide with the legal profession’s formal rational understanding thereof. However, Iranian judges are not Weberian qadis, and the legal profession is not a homogenous group of attorneys driven by a collective commitment to the rule of law. To understand their conflict, we need to explore the mundane workings of the legal system in the context of the transformation of Iranian society and the unresolved disputes over the direction of its modernity.
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| 9. |
- Banakar, Reza
(författare)
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Driving Culture in Iran: Law and Society on the Roads of the Islamic Republic
- 2015
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Bok (refereegranskat)abstract
- Iran has one of the highest rates of road traffic accidents worldwide and according to a recent UNICEF report, the current rate of road accidents in Iran is 20 times more than the world average. Using extensive interviews with a variety of Iranians from a range of backgrounds, this book explores their dangerous driving habits and the explanations for their disregard for traffic laws. It argues that Iranians’ driving behaviour is an indicator of how they have historically related to each other and to their society at large, and how they have maintained a form of social order through law, culture and religion. It is through interviews with taxi drivers, lawyers, insurance managers and medical doctors (who study road traffic injuries) that Driving Culture in Iran is able to examine how Iranians themselves understand the problems at large in culture, society and politics. Although the interviewees start by describing how they have experienced the traffic problem, their reflections on the causes of the problem lead them to talking about other topics such as ‘the lack of a driving culture’, the role of education, the nature of an excessive sense of individualism, and their hostile attitude to the authorities, whom they often do not trust. The image of the law which emerges out of the interviews is strikingly ordinary, ostensibly secular and rooted in customary practices, rather than in the fatwas of ayatollahs or the doctrinal pronouncements of Islamic jurists. By examining these reactions to driving culture and laws, Iranian society is therefore depicted as a social space where contrasting ideologies, forms of religious and political authority and personal and collective aspirations and beliefs clash on a daily basis to uphold a form of social order. And it is argued here that this social order is maintained partly by perpetuating class and gender conflicts.
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| 10. |
- Banakar, Reza
(författare)
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The Dilemma of Law: An Examination of Cotrovertial Judicial Decisions in Ethno-Culturally Based Legal Disputes
- 1989
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Ingår i: Tidskrift för rättssociologi. ; 6:3/4, s. 225-249
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Tidskriftsartikel (refereegranskat)abstract
- In October 1989, a 24-year-old Kurdish immigrant from Iraq was brought before the Sandviken Lower Court in Sweden charged with assaulting, coercing and threatening his pregnant ex-girlfriend who had left him to live with another man. Although, the court found the defendant guilty as charged, it nevertheless released him on a suspended sentence and a fine of 3000 Swedish Kronor. Conviction on this type of criminal offence against a person ordinarily carried six months imprisonment, but in this case, when the court came to sentencing the accused, it argued that his “cultural” background provided a mitigating circumstance. According to the court’s judgement, the fact that the accused had a different (non-Swedish) culture meant that his perception of his actions, which were in Swedish law labelled as “assault”, were different. Moreover, the court added that at the time when the assault took place, the accused felt that his integrity had been violated. This ruling was met with protest from several quarters. Lawyers and the judiciary questioned the relevance of the assumed cultural background of the accused for sentencing. Various women’s associations and interest groups highlighted that the ruling legalised violence against women. Immigrant associations, each in their own way, regarded the wording of the judgement as a threat to the precariously balanced ethno-cultural relations in the country. This paper provides a socio-legal analysis of this case, which is among the first legal cases in Sweden concernintg the clash of cultures.
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