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| 2. |
- 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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| 3. |
- 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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| 4. |
- Banakar, Reza, et al.
(författare)
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Brexit: A Note on the EU's Interlegality
- 2019
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Ingår i: Transnationalisation and Legal Actors : Legitimacy in Question - Legitimacy in Question. - 9781138346970 - 9780429437151
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- This study argues that Brexit is as much an internal UK crisis of law, identity politics and democracy as it is the EU crisis of integration. Does Brexit bring us a new insight into how the legal order of the EU and its Member States are interrelated? Does it throw a new light on the EU law’s ability to produce a sense of collective European identity and solidarity which transcends national borders and unite the cultural fragments which constitute its Member States? Using the notion of “interlegality,” and the cartographic mechanisms of “scale,” “projection” and “symbolisation,” this study draws attention to how EU laws and policies become inevitably distorted as they pass between legal spaces which are shaped by different scales of regulation. However, Brexit shows that these distortions do not on their own provide sufficient explanation for either the failure of the EU integration policies in respect to the UK or the success of the Leave Campaign in the 2016 referendum. To understand the double crisis which Brexit represents, we need to explore how the EU’s interlegality is shaped by the imbalance of power and authority which permeates the hierarchical structure of the EU. The paper ends by arguing that to minimise the excessive distortions and to maximise the integrative potential of the EU law, we need to envisage the EU’s interlegality outside its existing hierarchy of sources of power which create a primarily top-down flow of legal authority.
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| 5. |
- Banakar, Reza, et al.
(författare)
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Can Legal Sociology Account for the Normativity of Law?
- 2013
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Ingår i: Social and Legal Norms. - 9781409453437 ; , s. 15-38
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Bokkapitel (refereegranskat)abstract
- This paper challenges the assumption that legal sociology should apply itself to the external or factual properties of the law and leave the internal and normative aspects of legal phenomena to doctrinal scholars and moral philosophers. It argues that legal sociology explores the normative contexts of the law and other social systems, but being restricted by its “scientific” mode of expression it describes and analyses them in sociological rather than moral terms. Legal sociology is, and should be seen as, a different language game than moral and legal philosophy, and its treatment of normativity should be understood on its own terms. The assertion that legal sociology should limit its scope of analysis to the study of the empirical aspects of law and leave the study of law’s normative dimensions to other branches of legal studies is itself a normative supposition and part of the competing discourses which constitute the field of legal research. These discourses aim at demarcating the disciplinary boundaries between various epistemic approaches to the study of law and creating disciplinary identities rather than exploring the methodological scope of socio-legal research. Part One starts by briefly considering the relationship between norms and normativity, arguing that normativity is generated by system as well as lifeworld and is not necessarily reducible to the effects or functions of individual norms. Part Two develops this point by making a case for justice as law’s source of normativity par excellence. It maintains that although the relationship between law and justice is often discussed in terms of norms, the normativity that justice exercises on law is dependent on the broader context of the legal system, which is defined differently by different theories. Part Three draws attention to the methodological constraints of socio-legal research, according to which social scientific studies of law should apply themselves to the external empirical or factual properties of the relationship between law and society and leave the internal and normative matters to doctrinal scholars and moral philosophers, respectively. The paper concludes by arguing that the sphere of socio-legal research is not, and cannot be, limited to an examination of the factual characteristics of law. Moreover, the assertion that legal sociology should apply itself to the study of the empirical aspects of law and leave the normative dimensions to other legal scholars is a normative stance and part of on-going attempts at demarcating the disciplinary boundaries of various branches of legal studies.
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| 6. |
- Banakar, Reza, et al.
(författare)
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Culture : Reflections on Individualism and Community. Law and society on the roads of Islamic republic
- 2015
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Ingår i: Driving culture in Iran. - London : I.B. Tauris. - 9781784534486 ; , s. 149-177
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Bokkapitel (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.
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| 7. |
- Banakar, Reza, et al.
(författare)
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Iran: A Clash of Two Cultures?
- 2020. - 1
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Ingår i: Lawyers in 21st Century : Vol1: National Reports - Vol1: National Reports. - 9781509915156 ; 1
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- Since the 1979 Revolution, the clerical regime in Iran has been limiting the legal profession’s autonomy by preventing members of the Iranian Bar Association (IBA) from freely electing their Board of Directors and by establishing a new body of lawyers—legal advisors of the judiciary—to contest the IBA’s professional monopoly. Clerics have even attempted to bring the legal profession under the control of the Ministry of Justice and merge it with the legal advisors. The IBA’s struggle to remain a civil society organisation independent of the judiciary offers a vantage point from which to explore the role of the legal profession in Iranian society and the legal system of the Islamic Republic. Why does the Iranian judiciary oppose an independent legal profession, and why does the profession refuse to capitulate? What are the implications of this ongoing conflict for the legal order of the Islamic Republic, whose political elite consists mainly of Islamic jurists? What are the socio-cultural consequences of undermining the integrity and autonomy of the legal profession? These questions will guide our inquiry.After discussing the IBA’s development before and after the 1979 Revolution, we describe how practising attorneys view the IBA, advocacy, legal practice, legal services and their troubled relationship with the judiciary. They recount the obstacles they encounter within a politicised judicial order and explain how they preserve professional integrity within a legal system that lacks the public’s confidence. We conclude by arguing that the Islamic Republic’s attempt to subordinate the legal profession to administrative and ideological control by the judiciary reflects the clash of two legal cultures. Iranian judges reconstruct and apply Islamic jurisprudence (fiqh) as part of their efforts to deliver substantive justice within a codified legal system, while IBA attorneys understand and seek to practise law consistent with the ideals of due process, certainty and uniformity in legal decision-making.
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| 8. |
- 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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| 9. |
- Banakar, Reza, et al.
(författare)
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Law, community and the 2011 London Riots
- 2016
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Ingår i: Law, Society and Community : Socio-Legal Essays in Honour of Roger Cotterrell - Socio-Legal Essays in Honour of Roger Cotterrell. - 9781472409829 - 9781317107293 ; , s. 169-185
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Bokkapitel (refereegranskat)abstract
- Legal pluralism provided a useful alternative framework because pluralism had always sought to identify hybrid legal spaces, where multiple normative systems occupied the same social field. An emphasis on legal pluralism also freed scholars from endless intractable debates about whether international law is truly law given that coercive enforcement power in the international and transnational arena is often indirect or non-existent. Moreover, global legal pluralism recognizes the possibility that at least sometimes this pluralism of normative authority may be preferable to a system that imposes a single authority because the reality of legal pluralism empowers individuals to strategically operate among normative and procedural regimes. Sovereigntists think global legal pluralism pays insufficient attention to nation-state prerogatives and just universalism in another guise. The move to global legal pluralism allows more detailed analysis of all the ways in which international and transnational legal and quasi-legal pronouncements have potential impact regardless of whether the pronouncements are accompanied by the threat of coercive force.
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| 10. |
- Banakar, Reza
(författare)
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Law, Policy and Social Control Amidst Flux
- 2016
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Ingår i: Festskrift till Karsten Åström. - 9789154405695 ; , s. 47-47
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- This chapter will begin with a brief discussion of early modernity and the rise of the welfare state, before going on to explore how law and legal regulation change as we enter “late modernity”. The notion of “late modernity” – not to be confused with postmodernity – captures how industrially advanced societies evolve, when globalisation, aided by information technology, accelerates rapidly at the end of the twentieth century. Globalisation speeds up the movement of capital, information, goods, services, people, images and ideas across the globe, thus, dislodging social and cultural norms from their context in time and space. It shifts social and cultural boundaries, enhancing “reflexivity” and social disembeddedness of individuals and collectivises, giving rise to pluralities of values, norms and laws, on the one hand, and to uncertainties, anxieties and “ontological insecurities,” on the other. Enhanced reflexivity – the constant awareness of existing alternative choices, moral standards and modes of action brought on by the consequences of globalisation – offers new possibilities as the agency increasingly frees itself from the normative constraints of institutions. Fuelled by a ubiquitous culture of consumerism and facilitated by digital technology, this heightened reflexivity helps to advance hyper-individualism across society, emphasising individual rights divorced from their corresponding responsibilities and concerns with collective “social good”. This, in turn, destabilises social relations and structures which previously gave a sense of cohesion, permanence and continuity to modernity. What does hold society together and what is the role of law and regulation under the liquid conditions of late modernity? These are among the questions that will guide us through this chapter.
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