Law and the Web of SocietyGeorgetown University Press, 31. juli 2001 - 272 sider From birth certificates and marriage licenses to food safety regulations and speed limits, law shapes nearly every moment of our lives. Ubiquitous and ambivalent, the law is charged with both maintaining social order and protecting individual freedom. In this book, Cynthia L. Cates and Wayne V. McIntosh explore this ambivalence and document the complex relationship between the web of law and everyday life. They consider the forms and functions of the law, charting the American legal structure and judicial process, and explaining key legal roles. They then detail how it influences the development of individual identity and human relationships at every stage of our life cycle, from conception to the grave. The authors also use the word "web" in its technological sense, providing a section at the end of each chapter that directs students to relevant and useful Internet sites. Written for upper-level undergraduate and graduate students in law and society courses, Law and the Web of Society contains original research that also makes it useful to scholars. In daring to ask difficult questions such as "When does life begin?" and "Where does law begin?" this book will stimulate thought and debate even as it presents practical answers. |
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... particular intel- lectual debate had real consequences . Customary Law On a more concrete plane , customary law springs from human experience of living together in communities , consisting of the unwritten laws that we inherit , being ...
... judges are called upon to interpret statutes and regu- lations , judicial case law is a critical component to under- standing how a particular law should be applied . Formal and Informal Law Hence , law can be understood 14 The Web of Law.
... particular relational partner , and , if necessary , demanding authoritative clari- fication of mutual status . That relational partner might be a spouse , merchant , business associate , employee , creditor , medical doctor , or ...
... particular strategy a party deploys will depend upon a range of factors , such as expectations for the future ( are the parties involved in an ongoing relationship or are they strangers ? ) , relative strengths and weaknesses ...
... particular results in the short term . The legitimacy of the Court would fade with the frequency of its vacillation . That first circumstance can be described as hypothetical ; the second is to the point here and now . Where , in the ...
Innhold
Conclusions | 102 |
Law on the Web | 103 |
Law and the Beginning of Life Birth Infancy and Childhood | 106 |
Infancy | 113 |
Law and Childhood Health | 114 |
Law and Education | 117 |
Juvenile Justice in America | 123 |
The Sundry Legal Benchmarks of Adulthood | 125 |
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26 | |
29 | |
30 | |
34 | |
Scarcely Any ProblemThe Dominion of Laws in America | 37 |
Ubiquity and Ambiguity at the Millennium | 42 |
Law on the Web | 43 |
In and Around the Web The Structures and Processes of Law | 47 |
The Criminal and Civil Processes | 56 |
Conclusion | 66 |
Denizens of the Web Lawyers Judges Juries and Interest Groups | 69 |
Judges | 73 |
Juries | 76 |
Interest Groups | 78 |
Conclusion | 81 |
Law and the Web of Life | 83 |
Introduction | 85 |
Law and Relationships | 87 |
Family v the State | 88 |
What Is a Family? | 89 |
The Decision to Dissolve a Family | 91 |
Breach of Promise to Marry | 93 |
Intrafamily Litigation | 94 |
To Procreate or Not to Procreate | 97 |
SameSex Relationships | 99 |
Abortion | 100 |
Conclusion | 126 |
Law on the Web | 127 |
Law and Identity | 129 |
Group Identity | 144 |
Conclusion | 149 |
Law on the Web | 150 |
Law and the End of Life | 152 |
Death and Dying | 155 |
Ancient Concerns of Succession | 165 |
Conclusion | 167 |
Law and Political Economy | 169 |
Community Relational Politics and the Founders Solutions | 170 |
Law and Political Economy in the Nineteenth and Early Twentieth Centuries | 171 |
Advocacy | 175 |
Communication Community and Law | 177 |
Communications Technology Politics and Law | 179 |
Community Relational Distance and Political Economy | 182 |
Conclusions | 184 |
Law on the Web | 186 |
Epilogue The Dominion of Laws in America | 187 |
The Ambiguous Web | 188 |
Notes | 191 |
References | 219 |
Cases Cited | 230 |
Index | 235 |
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Law and the Web of Society Cynthia L. Cates,Wayne V. McIntosh Ingen forhåndsvisning tilgjengelig - 2001 |