Combining the Legal and the Social in Sociology of Law: An Homage to Reza Banakar

Preface
Contents
Notes on Contributors
PART I: INTRODUCTION AND BIOGRAPHY
	1. Introduction
		Part I: Introduction and Biography
		Part II: Sociology of Law Theory, Legal Pluralism and Legal Theory
		Part III: Sociology of Law Methods and Interdisciplinarity
		Part IV: Comparative Legal Cultures
		Part V: Sociology of Law as Science
		Part VI: Applied Sociology of Law
		References
	2. Bringing the Social and the Legal Together: An Overview of Reza Banakar's Sociology of Law
		I. Introduction
		II. Meta-theoretical Efforts and Diagnoses of the Sociology of Law
		III. Theory and Methodology in Socio-legal Research
		IV. Case Studies and Empirical Interests
		V. Concluding Remarks
		References
		Other Non-referenced Publications
	3. Engaging with Reza Banakar
		I. Intellectual Contributions
		II. Themes and Questions
		III. Conclusion
		References
PART II: SOCIOLOGY OF LAW THEORY, LEGAL PLURALISM AND LEGAL THEORY
	4. The Place of a Stepchild: Notes on the Establishment of Modern Sociology of Law
		References
	5. The Stepchild Controversy: Unfortunate Dichotomies in Socio-Legal Theory
		I. Introduction
		II. The Controversy: Recapitulation
		III. Problematic Dichotomies in the Controversy
		IV. Banakar's Insistence on the Law-Society Dichotomy
		V. The Meta-Theoretical Perspective of Critical Realism
		VI. Law, Society, and Critical Realism
		VII. Looking Forth: Beyond Dichotomies
		VIII. Conclusion
		References
	6. Normativity as the Source of Norms
		I. Introduction
		II. Types of Norms
		III. What is Normativity?
		IV. How Do Norms Originate?
		V. In Search of Normativity
		VI. Conclusions
		References
	7. On the Relationship between Normative Pluralism and Justice after Multiculturalism
		I. An Imaginary Conversation with Reza Banakar
		II. Normative Pluralism, Social Embeddedness, and the Double Movement of Law in Modernity
		III. Discontents of Cultural Citizenship
		IV. In Quest of Justice in Plural Normative Orders
		References
	8. Legal Pluralism and the Army: Legal Sociology as Military Sociology
		I. Introduction
		II. Violence and Pluralism
		III. War, Legal Codification and Constitutional Citizenship
		IV. Multiple Imperialisms
		V. Conclusion: Conflict Theory and the Dialectical Limits of Pluralism
		References
	9. Corporate Strategies within a Transnational Regulatory Field
		I. Introduction
		II. The Field of Corporate Regulation and the Legal Pluralistic Reality
		III. The Companies
		IV. Invoking Local Laws
		V. Corruption Regulation – A Transnational Field
		VI. Violations of International Law, Universal Jurisdiction and National Law
		VII. Concluding Discussion
		References
	10. Corporate Governance, Soft Law, and Corporate Social Responsibility: Some Legal Theoretical Contributions
		I. Background
		II. Corporate Lawyers as 'Pathetic Dots'
		III. Soft Law as the Preferred Type of Regulatory Tool
		IV. Can Actors Other Than the Shareholders Automatically Claim Legal Rights against the Company?
		V. Conclusion
		References
	11. Reflections on Law, Religion, and Technology: Legal Mobilisation in the Area of Egyptian Paternity Law
		I. Introduction
		II. The Role of Religion in Egyptian Personal Status Law
		III. Summary and Conclusion
		References
PART III: SOCIOLOGY OF LAW METHODS AND INTERDISCIPLINARITY
	12. Knowledge and Opinion about Law – The Importance of Law-related Education
		I. Knowledge and Opinion about Law – The Importance of Law-related Education
		II. Plans for a Project on Knowledge and Opinion about Law/Legal Consciousness
		III. KoL and Legal Consciousness – What Are We Talking About?
		IV. The 'Old' KoL Research
		V. KoL Research in Germany
		VI. Gender Differences in Knowledge and Opinion about Law
		VII. KoL in Migrant Communities
		VIII. Teaching KoL to Young People
		IX. National Differences in KoL
		References
	13. Rights Consciousness in Hungary. What is Behind the Numbers? Lessons of a Focus Group Study
		I. Introduction
		II. Starting Points and Methodology
		III. Key Findings
		IV. Concluding Remarks
		References
	14. In Conversation with Reza: Theory and Method in Socio-Legal Research
		I. Introduction
		II. Setting out the Argument
		III. The Theory Data Interface
		IV. Concluding Thoughts: The Debate Continues
		References
	15. 'The Light in the Tunnel Can Be a Train': About Kafkaesque Double Thoughts
		I. Introduction
		II. Law and Literature. A Socio-Legal Perspective
		III. Banakar Reads Kafka: Some Remarks
		IV. Standing 'Before the Law': Some Socio-Legal Comments
		V. The Stories of the Law, the Law of the Stories
		VI. The Light
		VII. Searching for Heimat
		References
	16. Socio-Legal Agency in Late Modernity – Reappreciating the Relationship between Normativity and Sociology of Law
		I. Introduction
		II. An Ideological Objective for the Sociology of Law
		III. Bridging between Law and Sociology
		References
	17. The Quest for Scientific Methods: Sociology of Law, Jurimetrics and Legal Informatics
		I. Introduction
		II. Starting Points
		III. Formative Years
		IV. Jurimetrics
		V. A Different Turn – Legal Informatics
		VI. Separation, Integration or Downfall?
		References
	18. Minding the 'Gap' Problem: The Relevance of Combining Top-down and Bottom-up Approaches to the Study of Law's Role in Everyday Life
		I. Introduction
		II. Employment Case Handling as a Practice Case
		III. Combining Methodological Approaches to the Study of Law's Role in Everyday Life
		IV. Why Should We Mind the Gap? Reflections on the Relevance of Combining Methodologies
		References
	19. Doing Fieldwork in Istanbul Courts: Challenges and Strategies
		I. Introduction
		II. Access to the Field
		III. Access Revisited
		References
PART IV: COMPARATIVE LEGAL CULTURES
	20. Legal Culture as an Approach to the Study of Law in Russian Society
		I. Introduction
		II. Legal Culture as an Approach
		III. Exploring the Russian Socio-legal Space through the Legal Culture Lens
		IV. Legal Formalism and its Consequences
		V. Administerial Trials
		VI. Conclusion
		References
	21. Flexible Structures: Using the Legal Culture Concept to Study the Law of Society
		I. Using Banakar in Order to Read Banakar
		II. The Research Steps on Reckless Driving
		III. The Flexibility of Research Design and the Role of the Concept of Legal Culture
		IV. Beyond the Duplicity of Legal Culture
		V. Discerning Legal Culture by Means of Institutionalisation Processes
		References
	22. Lawyers and Drivers: On Reading Two Works of Reza Banakar
		I. Introduction
		II. Law in Authoritarian Societies
		III. The Language of Law
		IV. Law in the Automotive Society
		V. The Veiled and the Unveiled
		VI. Laws and Norms
		References
	23. Traffic Justice: Law and Society on the Roads of Iran and the Netherlands
		I. Introduction
		II. Traffic Research
		III. Law and Society on the Roads of Iran
		IV. Law and Society on the Roads of the Netherlands
		V. Discussion: Why Do People Follow or Ignore the Law?
		VI. Conclusion
		References
	24. The Cancer of the Law in the Islamic Republic of Iran: Reflections on the Iranian Anti-Israel Law of 2020
		I. Introduction
		II. Law between Norms and Values
		III. Iran's Anti-Israel Law
		IV. Conditions and Consequences
		V. The Challenges of Culture and Legal Culture
		References
	25. Revolutions and Legal Cultures. Perspectives and Reflections
		I. Introduction
		II. On Revolutions – Causes and Consequences
		III. The French Revolution – New Institutions and New Legal Culture
		IV. Non-European Influences and Contributions by an Elite Individual
		V. The Russian Revolution
		VI. 1968 Cultural Revolution in China and 1979 Islamic Revolution in Iran
		VII. Harold Berman – Law and Revolution – and the End of an Era
		VIII. 1989: The 'Neoliberal Cultural Revolution' and the 'Dilemma of Law'
		References
PART V: SOCIOLOGY OF LAW AS SCIENCE
	26. Reza Banakar and the Quest for a Sociology of Law
		I. Introduction
		II. Taking Sociology of Law Seriously
		III. The Turn to Methodology
		IV. The Empirical Turn – New Empirical Inquiries
		V. Conclusion
		References
	27. Governing through Covid Indicators
		I. Introduction
		II. The Law of the Indicator
		III. The Role of Covid Indicators in Assessing and Producing Compliance
		IV. Comparison and Control
		References
	28. Safe but not Secure? Risk Management, Communication and Preparedness for a Pandemic in Aviation
		I. Introduction
		II. Risk Management in Aviation – Regulating Safety and Security
		III. International and Regional Cross-sectorial Risk Management – CAPSCA and RAGIDA
		IV. The Availability Heuristic – The Writing on the Wall for Effective Risk-based Regulation?
		V. Relations of Definition of Risk – A Problem of Risk Communication?
		VI. Concluding Discussion
		References
	29. The Interlegal Evocation of Peace in Colombia
		I. Introduction
		II. The Right to Life
		III. Life is Sacred
		IV. Anonymous Auras
		V. Concluding Remarks
		References
PART VI: APPLIED SOCIOLOGY OF LAW
	30. Trade Union Solidarity and the Issue of Minimum Wage Regulation in the EU
		I. Introduction
		II. The Concept of Solidarity
		III. Understanding Trade Union Solidarity by Studying Communication
		IV. Swedish Trade Unions, Solidarity and EU Minimum Wage
		V. Concluding Remarks
		References
	31. Constitutional Imaginaries: A Socio-legal Perspective of Political and Societal Constitutions
		I. Introduction
		II. Philosophy and Sociology of Imaginaries
		III. Societal Power of Imaginaries and the Paradox of Value Legitimation
		IV. The Social Imaginary of Political Constitution: beyond the Unity of Topos-Ethnos-Nomos
		V. Imaginaries and Societal Constitutionalism: a Theoretical Perspective
		VI. Concluding Remarks: Too Much Potentia, Too Little Auctoritas in Global Societal Constitutionalism
		References
	32. Public Sentiments on Justice, Legal Consciousness, and the Study of Marginalised Groups
		I. Introduction
		II. Public Sentiments, Social Justice and Prisoners' Children
		III. Legal Consciousness and Sentiments on Justice – Definitions and Schools of Research
		IV. Understanding Prisoners' Families – Their Legal Consciousness and Their Sentiments on Justice
		V. From the Uninformed to the Informed Sense of Justice – The Nordic Studies
		VI. Giving Marginalised Groups and Their Sentiments on Justice Representation
		VII. Victims of Crime and the Families of Prisoners
		VIII. Marginalised Groups, Sentiments on Justice and Human Rights
		References
	33. Challenging Legal Orthodoxy: New Orientations in Space and Time in Discourses Over Land Tenure
		I. Introduction
		II. Land as a Lens for Exploring Notions of Space and Time?
		III. Contextualising Law: How Land is Dealt with in Botswana
		IV. Contemporary and International Approaches to Land Tenure
		V. Botswana's Response to Global Approaches to Land Tenure
		VI. The Role of Space and Time in Constructing Land Tenure Relations
		VII. Dimensions of Time and Space as they Play Out in Botswana
		VIII. Concluding Observations
		References
	34. Sexual Violence, Standard(s) of Proof, and Arbitrariness in Judicial Decision-Making
		I. Introduction
		II. Legal Constructions of the Standard(s) of Proof
		III. Institutional Application of the Standard(s) of Proof
		IV. Not Guilty of a Crime but Legally Responsible for the Consequences
		V. Experiences of the Standards of Proof
		VI. Summary and Concluding Remarks
		References
Index