Articles on Law and Society

lons3

Hi I was wondering if anyone knew of any books or articles, which discuss the influence national societies have had on the EU or even just the influence society has on law? Is there such a thing. I can find articles on the influence of law on society but none the other way around.

234

lons3 wrote: »

Hi I was wondering if anyone knew of any books or articles, which discuss the influence national societies have had on the EU or even just the influence society has on law? Is there such a thing. I can find articles on the influence of law on society but none the other way around.

Legal realism probably approaches what you are looking for. Critical legal studies might also be relevant.

lons3

234 wrote: »

Legal realism probably approaches what you are looking for. Critical legal studies might also be relevant.

Thank you, that seems like it might be the right direction alright

Bepolite

Nothing like a bit of Jerome Frank to brighten up an essay. :pac:

lons3

234 wrote: »

Legal realism probably approaches what you are looking for. Critical legal studies might also be relevant.

Bepolite wrote: »

Nothing like a bit of Jerome Frank to brighten up an essay. :pac:

I can't get my hands on a copy of Fate and Freedoms. Does anybody know of articles/books, which review Frank's views or even better any good articles on Holmes.

I'm so lost. Sorry.

Bepolite

Three generations of imbeciles are enough.

Have a read of Buck v Bell

OP if you are a law student Westlaw or Hein Online should furnish you with a lifetime of reading.

lons3

Thank you!! I had no idea where to start. The problem with westlaw and Hein is the LIFETIME of reading!! For some reason I always end up with articles that have no relation to my topic at all! Where am I going wrong?

Bepolite

lons3 wrote: »

Thank you!! I had no idea where to start. The problem with westlaw and Hein is the LIFETIME of reading!! For some reason I always end up with articles that have no relation to my topic at all! Where am I going wrong?

It's just a skill you develop, like reading cases. Keep at it you'll speed up. See your librarian or a lecturer for some guidance. It's just like using google but with much less porn. Unless you look up Dallas Cowboys v Pussycat Cinema.

lons3

hhaha Is there anything on legal realism in that case? I think ill steer clear of it until it comes up on my course don't think my TA would appreciate it .. or would she?

234

lons3 wrote: »

hhaha Is there anything on legal realism in that case? I think ill steer clear of it until it comes up on my course don't think my TA would appreciate it .. or would she?

Almost by definition you won't find legal realism discussed in a case. It aims to look beyond what the law says it is doing to what it is actually doing. Legal realists often see the law as actually reflecting a variety of social or political motivations.

lons3

To be honest what I'm looking for is way to back up my point that the law develops as society evolves but I was particularly looking at ways to show how the evolution of the national societies in the EU have influenced its development but how it has occurred gradually overtime since the 1950s. I was also trying to show which is a lot easier to do that the evolution of society influenced the demise of Brehon law and on the last note which also a lot easier to show is how the gradual development of the abortion laws in Ireland were largely influence by the evolution of our society. It's easier to find support for my first and last premise but it's hard to find support for the second premise so that's why I was going to look more generally and legal realism etc.

Bepolite

Well bear in mind the EU doesn't date back to the 1950's you're looking at the European Coal and Steel community. It's an interesting topic given the European court, in it's various guises was arguably the main driving force behind European integration during the middle of the EEC/EC life span.

234

lons3 wrote: »

To be honest what I'm looking for is way to back up my point that the law develops as society evolves but I was particularly looking at ways to show how the evolution of the national societies in the EU have influenced its development but how it has occurred gradually overtime since the 1950s. I was also trying to show which is a lot easier to do that the evolution of society influenced the demise of Brehon law and on the last note which also a lot easier to show is how the gradual development of the abortion laws in Ireland were largely influence by the evolution of our society. It's easier to find support for my first and last premise but it's hard to find support for the second premise so that's why I was going to look more generally and legal realism etc.

I think that Garret Barden and Tim Murphy have looked at law and anthropology. The genesis of law in primitive societies etc. Might be of use.

lons3

Well I was looking at kind of the development right through the 1900s starting at the (can't remember the name) the European institution created between World War I and World War II right up to the modern day EU.

Bepolite

lons3 wrote: »

Well I was looking at kind of the development right through the 1900s starting at the (can't remember the name) the European institution created between World War I and World War II right up to the modern day EU.

The League of Nations. You'll be able to do a few jurisprudential theories if you cover that period. A bit of positivism and some natural law surrounding the holocaust. Try not to take Finnis too seriously.

lons3

Just remembered the name the pan-Europa movement. The League of Nations is also of considerable importance. Thank you!

Grolschevik

lons3 wrote: »

To be honest what I'm looking for is way to back up my point that the law develops as society evolves but I was particularly looking at ways to show how the evolution of the national societies in the EU have influenced its development but how it has occurred gradually overtime since the 1950s. I was also trying to show which is a lot easier to do that the evolution of society influenced the demise of Brehon law and on the last note which also a lot easier to show is how the gradual development of the abortion laws in Ireland were largely influence by the evolution of our society. It's easier to find support for my first and last premise but it's hard to find support for the second premise so that's why I was going to look more generally and legal realism etc.

Throw in a bit of Marxism, just for the crack. Legal superstructure determined by changing economic base over centuries.

Cohen's 'Karl Marx's Theory of History' would be the 5-star reference, his 'History, Labour and Freedom' as well.

lons3

Bepolite wrote: »

The League of Nations. You'll be able to do a few jurisprudential theories if you cover that period. A bit of positivism and some natural law surrounding the holocaust. Try not to take Finnis too seriously.

Not sure how i'd bring the holocaust into the eventual development of the EU in 8 pages along with my other two premises!

lons3

Grolschevik wrote: »

Throw in a bit of Marxism, just for the crack. Legal superstructure determined by changing economic base over centuries.

Cohen's 'Karl Marx's Theory of History' would be the 5-star reference, his 'History, Labour and Freedom' as well.

I never thought of that one. THANK YOU

Bepolite

lons3 wrote: »

Not sure how i'd bring the holocaust into the eventual development of the EU in 8 pages along with my other two premises!

WWII was so horrific it's the entire basis for the EU. Even Wikipedia European Coal and Steel Community.

WWII also saw a shift away from positive law - the law is the law - to Natural Law - Lex iniusta non est lex. Look up the decision of the Guards shooting people crossing the Berlin wall, I forget the case name but you'll easily find it.

The above is a massive over simplification but if you want to see how society has influenced law I think it's a good area to read around.

Grolschevik

Bepolite wrote: »

WWII was so horrific it's the entire basis for the EU. Even Wikipedia European Coal and Steel Community.

WWII also saw a shift away from positive law - the law is the law - to Natural Law - Lex iniusta non est lex. Look up the decision of the Guards shooting people crossing the Berlin wall, I forget the case name but you'll easily find it.

The above is a massive over simplification but if you want to see how society has influenced law I think it's a good area to read around.

You could say it all started with the Franco-Prussian War.

lons3

I thought the entire issue was very interesting but decided to leave it for another essay, in the future because i think I need space to write about it. 8 pages deffo not enough