Get Community and the Law: A Critical Reassessment of American PDF

By Takao Tanase

ISBN-10: 184844785X

ISBN-13: 9781848447851

This significant e-book interprets seven landmark essays via certainly one of Japan's most precious and influential felony thinkers. whereas Takao Tanase concedes that legislations would possibly not topic as a lot in Japan because it does within the usa, in a provocative problem to socio-legal researchers and comparative legal professionals, he asks: why should still it? the difficulty, he contends, isn't no matter if legislations concerns to society; it's how society concerns to legislation. constructing a descriptive and normative idea of group and the legislation, the writer at once demanding situations the view that criminal liberalism represents the head of felony success. He criticises liberalism for destroying group within the usa and for supplying fake desire for a not on time modernity in Japan. by means of using a particular interpretivist method, he constructs a communitarian version of legislations and society that serves in its place to felony liberalism. The publication demanding situations traditional understandings of such felony sociological staples as torts, attorneys' ethics, relatives legislations, human rights, constitutionalism and litigiousness. This interesting publication will end up a stimulating, suggestion scary learn for researchers and students of legislation, jap and American reports, sociology and jurisprudence.

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Extra info for Community and the Law: A Critical Reassessment of American Liberalism and Japanese Modernity

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Thus, Glendon’s snapshot of legalised society in the United States is one where the rules of law reach into every nook and cranny of social life and people talk with a ‘legal’ accent. Such a society has entrenched partisan lawyering in the form of extreme loyalty to clients. At the same time, this has propagated the crude language of the law into every lawyer-client relationship. This aspect of American legal culture has a more far-reaching effect than what ordinary culture is understood to exert.

This understanding of actions as an expression of meanings, when applied to legal ethics, requires us to rethink the lawyer-client relationship. In a lawyerclient relationship, clients seek to protect their interests by delegating legal action to their lawyers. If clients’ interests are the ‘goal’ that lawyers seek to serve to the fullest extent possible, then clients’ ‘actions’ – engaging legal assistance to assert the law against the other party – will be confined to a simple means to an end.

This is the ideology of legal autonomy at work: it discounts any number of alternative possibilities for solving problems and instead creates an inter-subjective reality commensurate with autonomy where clients, their opponents and their lawyers believe that only law can resolve legal problems. Renewing understandings of the world How can clients resist the dominant ideology of law and construct an alternative reality based on their own world of meanings? The answer is to change the way modern law dichotomises subjects and objects.

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Community and the Law: A Critical Reassessment of American Liberalism and Japanese Modernity by Takao Tanase

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