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Sökning: hsv:(SAMHÄLLSVETENSKAP) hsv:(Juridik) > Banakar Reza

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  • Banakar, Reza, et al. (författare)
  • Introduction: Snapshots of Rights Discourse
  • 2010
  • Ingår i: Rights in Context: Law and Justice in Late modern Society. - Ashgate. - 978-1-4094-0740-9 ; s. 3-17
  • Bokkapitel (refereegranskat)abstract
    • We often hear that rights talk pervades politics, law and morality, that rights have never played a more decisive role in the formation of local and global relations, that rights are used more frequently than ever before to debate and resolve social, legal and political disputes, that rights emerge out of attempts to deal with or prevent injustice, and that they can support strategies of emancipation. At the same time, we are warned that many of the rights we have been taking for granted are being undermined and their existence threatened by forces intent on recasting the domestic and international political order. These attempts to reorganise the political order by reconstructing rights are not, we are told, done in search of justice, but to enhance social control and political domination. The volume at hand consists partly of attempts to examine such assumptions by exploring the role of rights in public political discourse, policy debates and legal decision making.
  • Banakar, Reza, et al. (författare)
  • Introduction to Theory and Method in Socio-Legal Research
  • 2005
  • Ingår i: Theory and Method in Socio-Legal Research. - Hart Publishing Ltd. - 978-1-84113-626-4
  • Bokkapitel (refereegranskat)abstract
    • Socio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science. The papers in this volume illustrate how a range of topics, including EU law, ombudsman, judges, lawyers, Shariah Councils and the quality assurance industry can be researched from a socio-legal perspective. The objective of the collection is to show how different methods can be used in researching law and legal phenomena, how methodological issues and debates in sociology are relevant to the study of law, and the importance of the debate between "structural" and "action" traditions in researching law. It also approaches the methodological problem of how the sociology of law can address the content of legal practice from a variety of perspectives and discusses the relationship between pure and applied research. The editors provide a critical introduction to each of the six sections, and a general introduction on law, sociology and method. The collection will provide an invaluable resource for socio-legal researchers, law school researchers and postgraduates.
  • Banakar, Reza, et al. (författare)
  • Law and Regulation in Late Modernity
  • 2013
  • Ingår i: Law and Social Theory. - Hart Publishing Ltd. - 9781849463812 ; 1, s. 305-324
  • 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.
  • Banakar, Reza, et al. (författare)
  • Law and Sociology
  • 2002
  • Ingår i: An Introduction to Law and Social Theory. - Hart Publishing Ltd. - 1-84113-208-X ; s. 345-352
  • Bokkapitel (refereegranskat)abstract
    • The contributions in this book have demonstrated that sociology of law is a rich and complex subject that contains a wide range of theoretical approaches which can be used to study law. There are however fundamental disagreements over how sociology of law should develop. In this chapter, we will review these debates, and examine the institutional obstacles which prevent it from developing in the same way as the sociologies of education, science or medicine. We will end by presenting our own views on why law students should study sociology of law, and why sociologists should pay more attention to law and legal institutions.
  • Banakar, Reza, et al. (författare)
  • Law, Love and Responsibility : A Note on Solidarity in EU Law
  • 2018
  • Ingår i: Festskrift till Håkan Hydén. - Juristförlagen i Lund. - 9789154405756 ; s. 69-83
  • Bokkapitel (övrigt vetenskapligt)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. Keywords: solidarity, EU law, identity politics, human rights, sociology of law, legal philosophy
  • Banakar, Reza, et al. (författare)
  • Law, Sociology and Method
  • 2005
  • Ingår i: Theory and Method in Socio-Legal Research. - Hart Publishing Ltd. - 9781841136264 ; s. 1-26
  • Bokkapitel (refereegranskat)abstract
    • Socio-Legal research is, in some respects, founded on a paradox in that, while it claims or aspires to be an interdisciplinary subject with particular ties with sociology, the majority of its practitioners are based in law schools, and have not received any systematic training in either sociological theory or research methods. There are, of course, many academics from other disciplines who have contributed to the field over the years, and whose studies appear on undergraduate reading lists. There has also been genuine collaboration between academic lawyers and social scientists that has resulted in many interesting and insightful studies about law. Nevertheless, we would argue that this inter-change has been limited to a few institutions, and that a sustained and open dialogue with sociology, or for that matter with other academic disciplines, has not so far taken place. In this chapter we will consider the nature of socio-legal research, especially as it has developed in the UK, and the challenges of working in an interdisciplinary field. We will then introduce some general debates in sociology about method and show how these are relevant to studying sociolegal topics. We will conclude this chapter by referring to the Nuffield Foundation Inquiry on Empirical Research in Law which expresses concern for the ‘dwindling of capacity to undertake rigorous empirical research in law’. We will argue that to create a sound foundation for empirical research into law we need to introduce research methods and project work into the undergraduate law school curriculum, despite the current pressures in the direction of a narrow degree based almost entirely on studying legal rules.
  • Banakar, Reza, et al. (författare)
  • Sociological Jurisprudence
  • 2002
  • Ingår i: An Introduction to Law and Social Theory. - Hart Publishing Ltd. - 1-84113-208-X ; s. 33-54
  • Bokkapitel (refereegranskat)abstract
    • This chapter examines the relevance of ideas developed by Petrazycki and Ehrlich to the current concerns of the sociology of law. It starts by briefly describing the academic and political contexts in which these ideas were born. Then it goes on to present some aspects of the theories of Petrazycki and Ehrlich and to examine their imprints on empirical research. The final part of the chapter brings into focus the potentially romantic element of these ideas, which are expressed as a quest for an alternative concept of law capable of reviving the spirit of a community lost in the rise of modernity. The chapter concludes by addressing whether these ideas can still assist us in examining the empirical questions emerging out of current societal problems.
  • Banakar, Reza, et al. (författare)
  • Studying Cases Empirically: A Sociological Method for Studying Discrimination Cases in Sweden
  • 2005
  • Ingår i: Theory and Method in Socio-Legal Research. - Hart Publishing Ltd. - 9781841136264
  • Bokkapitel (populärvet., debatt m.m.)abstract
    • This paper uses two previous studies of unlawful discrimination, which I carried out in Sweden in 1992 and 1996, to develop a more comprehensive sociological method for studying anti-discrimination laws. The initial question asked in these studies concerned the impact of the Swedish Act against Ethnic Discrimination (the AED), i.e. how the legal system dealt with unlawful discrimination and to what extent it counteracted discriminatory practices using the AED. The data used comprised official studies of various aspects of immigrants' and ethnic minorities' conditions in employment and occupation, open interviews with various groups such as lawyers and immigrants, a study of the discourse on ethno-cultural relations in Sweden, and discrimination cases. The focus of this chapter will be on the limitations of discrimination cases which were used in the studies of ethnic discrimination in Sweden.
  • Banakar, Reza (författare)
  • “A Passage to ‘India’: Toward a Transformative Interdisciplinary Discourse on Law and Society”
  • 2001
  • Ingår i: Retfærd: Nordisk juridisk tidsskrift. - DJØF Publishing. - 0105-1121. ; 24:1, s. 3-21
  • Tidskriftsartikel (refereegranskat)abstract
    • This paper reflects on the debate which followed the publication of my paper “The Identity Crisis of a Stepchild” which appeared in Retfærd 1998: 21(2). Its ultimate aim is not to meet the criticism directed at it, but rather to take debate on the disciplinary shortcomings of sociology of law to a higher level of sociological analysis.
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