This important volume examines rights from an inter-disciplinary law and society perspective, beginning with the premise that the most basic functions of rights requires the empirical study of rights consciousness and claiming behavior. As such the volume includes articles and essays by political scientists, historians, lawyers, and sociologists which place the study of ordinary citizens' understandings of rights, and what actions they take based on that knowledge, at the forefront of an empirical research agenda. This has important implications for law's capacity to achieve social change and can lead to better understanding of how rights can and should operate in a social and legal system. The volume is organized around the social movements and political processes which give rise to rights, the processes by which people come to understand they enjoy a right, the decision to invoke the right either formally or informally, and the organizational and institutional constraints and opportunities for exercising rights.

The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.

(unseen), $12.95. Donnelly explicates and defends an account of human rights as universal rights. Considering the competing claims of the universality, particularity, and relativity of human rights, he argues that the historical contingency and particularity of human rights is completely compatible with a conception of human rights as universal moral rights, and thus does not require the acceptance of claims of cultural relativism. The book moves between theoretical argument and historical practice. Rigorous and tightly-reasoned, material and perspectives from many disciplines are incorporated. Paper edition Annotation copyrighted by Book News, Inc., Portland, OR

This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people’s understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people’s concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts. This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.

Surrendering to Utopia is a critical and wide-ranging study of anthropology's contributions to human rights. Providing a unique window into the underlying political and intellectual currents that have shaped human rights in the postwar period, this ambitious work opens up new opportunities for research, analysis, and political action. At the book's core, the author describes a "well-tempered human rights"—an orientation to human rights in the twenty-first century that is shaped by a sense of humility, an appreciation for the disorienting fact of multiplicity, and a willingness to make the mundaneness of social practice a source of ethical inspiration. In examining the curious history of anthropology's engagement with human rights, this book moves from more traditional anthropological topics within the broader human rights community—for example, relativism and the problem of culture—to consider a wider range of theoretical and empirical topics. Among others, it examines the link between anthropology and the emergence of "neoliberal" human rights, explores the claim that anthropology has played an important role in legitimizing these rights, and gauges whether or not this is evidence of anthropology's potential to transform human rights theory and practice more generally.

Two questions often shape our view of the world. On the one hand, we ask what there is, on the other hand, we ask what there ought to be. Empirical research and normative theory, the methodological traditions concerned with these questions, entered a difficult relationship, from at least as early as around the time of the advent of modern sciences. To this day, there remains a strong separation between the two domains, with both tending to neglect discourses and results from the other. Contrary to a verdict of strict segregation between "is" and "ought," there are, nowadays, various attempts to integrate both theoretical approaches. This calls for a discourse on the relation between empirical research and normative theory. In this volume, scholars from different disciplines – including psychology, sociology, economics, and philosophy – discuss the possible desired or undesired influences on, and limits of, the integration of these two approaches.

Empirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies and other legal arrangements at play in society. It is invaluable as a guide to legal scholars, practitioners and students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics and empirically informed ethics. The authors present an overview of the roots of this blossoming interdisciplinary domain, going back to legal realism, the fields of law, economics and the social sciences, and also to civilology and evaluation studies. The book addresses not only data analysis and statistics, but also how to formulate adequate research problems, to use (and test) different types of theories (explanatory and intervention theories) and to apply new forms of literature research to the field of law such as the systematic, rapid and realist reviews and synthesis studies. The choice and architecture of research designs, the collection of data, including Big Data, and how to analyze and visualize data are also covered. The book discusses the tensions between the normative character of law and legal issues and the descriptive and causal character of empirical legal research, and suggests ways to help handle this seeming disconnect. This comprehensive guide is vital reading for law practitioners as well as for students and researchers dealing with regulation, legislation and other legal arrangements.

A diverse array of factors may influence both earnings and consumption; however, this work primarily focuses on the impact of investments in human capital upon an individual's potential earnings and psychic income. For this study, investments in human capital include such factors as educational level, on-the-job skills training, health care, migration, and consideration of issues regarding regional prices and income. Taking into account varying cultures and political regimes, the research indicates that economic earnings tend to be positively correlated to education and skill level. Additionally, studies indicate an inverse correlation between education and unemployment. Presents a theoretical overview of the types of human capital and the impact of investment in human capital on earnings and rates of return. Then utilizes empirical data and research to analyze the theoretical issues related to investment in human capital, specifically formal education. Considered are such issues as costs and returns of investments, and social and private gains of individuals. The research compares and contrasts these factors based upon both education and skill level. Areas of future research are identified, including further analysis of issues regarding social gains and differing levels of success across different regions and countries. (AKP).

Socioeconomic rights include rights with regard to social security, labour and employment, as well as cultural rights which may be regarded as a shield for the protection of human dignity, especially of specific groups, such as women, children and refugees. The enforceability of socioeconomic rights clearly distinguishes them from other rights. These rights need, perhaps more than others, the support of civil society. Because states have leeway in how resources are distributed, civil society has a major impact on what resources are used to fulfil socio-economic rights. One of the actors in the public arena are religious traditions, respective Churches. Most of them have developed ethical standards for individual conduct and rules for living together in society based on their basic scriptures. All three monotheistic religions, Judaism, Christianity, and Islam, are marked by a caring engagement for the poor, the sick, the old and the foreign. From an empirical perspective, the general research question of this volume is how young people understand and evaluate socioeconomic rights and to which degree religious convictions and practices are connected with attitudes towards these human rights. Can religion be identified as a force supporting the human rights regime and which additional concepts strengthen or weaken the consent to these rights? The richness of empirical data contributes to a better understanding how socioeconomic rights are legitimated in the opinion of more than 10.000 respondents in 14 countries.

This book discusses the designs and applications of the social systems theory (built by Niklas Luhmann, 1927-1998) in relation to empirical socio-legal studies. This is a sociological and legal theory known for its highly complex and abstract conceptual apparatus. But how to change its scale in order to study more localised phenomena, and to deal with empirical data, such as case law, statutes, constitutions and regulation? This is the concern of a wide variety of scholars from many regions engaged in this volume. It focuses on methodological discussions and empirical examples concerning the innovations and potentials that functional and systemic approaches can bring to the study of legal phenomena (institutions building, argumentation and dispute-settlement), in the interface with economy and regulation, and with politics and public policies. It also discusses connections and contrasts with other jurisprudential approaches - for instance, with critical theory, law and economics, and traditional empirical research in law. Two decades after Luhmann's death, the 21st century has brought countless transformations in technologies and institutions. These changes, resulting in a hyper-connected, ultra-interactive world society bring operational and reflective challenges to the functional systems of law, politics and economy, to social movements and protests, and to major organisational systems, such as courts and enterprises, parliaments and public administration. Pursuing an empirical approach, this book details the variable forms by which systems construct their own structures and semantics and 'irritate' each other. Engaging Luhmann's theoretical apparatus with empirical research in law, this book will be of interest to students and researchers in the field of socio-legal studies, the sociology of law, legal history and jurisprudence.