Combining the legal and the social in sociology of law : : An Homage to Reza Banakar / / Håkan Hydén [and three others], editors.

• Superior document: On~ati international series in law and society
• TeilnehmendeR: Hyde´n, Ha°kan,
• Place / Publishing House: Oxford : : Bloomsbury Publishing (UK),, 2023.
• Year of Publication: 2023
• Language: English
• Series: On~ati international series in law and society.
• Physical Description: 1 online resource (xvii, 476 pages) :; illustrations.

In the title of Reza Banakar's first internationally published book The Doorkeepers of the Law: A Socio-Legal Study of Ethnic Discrimination in Sweden (1998) his interest in Franz Kafka is already obvious. Much later, Banakar (2010) presented his view of Kafka's conception of law in his article In Search of Heimat: A Note on Franz Kafka's Concept of Law, and more recently, Banakar (2015) developed his reading of Kafka's both existential and legal significance in the chapter A Note on Franz Kafka's Concept of Law. In his readings of Kafka, it is striking how Banakar emphasizes the uncertainty and unpredictability of human conduct; Kafka's "writings highlight the role of uncertainty, insecurity, transience and the unknowable" (Banakar, 2015) in contrast to contemporaneous rationalistic modern theories (of the law). In particular, Banakar highlighted the fact that Kafka, both a practicing lawyer and a fiction writer, thinks "double thoughts". This duality - living a double life as a lawyer and a writer - makes Kafka a central and natural figure of the Law and Literature Movement, particularly in the Law in Literature part of the movement. This essay will highlight Banakar's contribution to the Law and Literature Movement as a socio-legal scholar and reader of Franz Kafka, with special focus on his article In Search of Heimat: A Note on Franz Kafka's Concept of Law (2010). In the article, Banakar discusses both the novel The Trial by Franz Kafka (1925) and the parable Before the Law, contained in the same novel, in to the context of Kafka's legal work as an insurance lawyer. In the essay we attempt to make a connection between the field of Law as Literature and Law and the Literature Movement. We do so by using narratives and literary techniques to give a testimony about a semi-fictional character who finds himself standing before the law. We will also pay attention to the fact that it is now 75 years since The Nuremberg trials took place 1945-1946. The Nuremberg trials.

Table of Contents

PART II -- NTRODUCTION AND BIOGRAPHY1. -- Introduction Håkan Hydén (Lund University, Sweden)2. -- Bringing the Social and the Legal Together: An Overview of Reza Banakar's Sociology of Law Mariana Motta Vivian (University of the Basque Country, Spain)3. -- Engaging with Reza Banakar Max Travers (University of Tasmania, Australia) PART IISOCIOLOGY OF LAW THEORY, LEGAL PLURALISM AND LEGAL THEORY4. -- The Place of a Stepchild: Notes on the Establishment of Modern Sociology of LawRoger Cotterrell (Queen Mary University of London, UK)5. -- The Stepchild Controversy: Unfortunate Dichotomies in Socio-Legal Theory Peter Bergwall (Lund University, Sweden)6. -- Normativity as the Source of Norms Håkan Hydén (Lund University, Sweden)7. -- On the Relationship between Normative Pluralism and Justice after Multiculturalism Martin Ramstedt (Oñati International Institute for the Sociology of Law, Spain)8. -- Legal Pluralism and the Army: Legal Sociology as Military Sociology Chris Thornhill (University of Manchester, UK)9. -- Corporate Strategies within a Transnational Regulatory Field Isabel Schoultz (Lund University, Sweden)10. -- Corporate Governance, Soft Law, and Corporate Social Responsibility: Some Legal Theoretical Contributions Mauro Zamboni (Stockholm University, Sweden)11. -- Reflections on Law, Religion, and Technology: Legal Mobilisation in the Area of Egyptian Paternity Law Monika Lindbekk (University of Bergen, Norway) PART IIISOCIOLOGY OF LAW METHODS AND INTERDISCIPLINARITY12. -- Knowledge and Opinion about Law - The Importance of Law-related Education Ulrike Schultz (FernUniversität, Germany)13. -- Rights Consciousness in Hungary. -- What is Behind the Numbers? Lessons of a Focus Group Study Balázs Fekete (Eötvös Loránd University, Hungary)14. -- In Conversation with Reza: Theory and Method in Socio-Legal ResearchLinda Mulcahy (Oxford University, UK)15. -- 'The Light in the Tunnel Can Be a Train': About Kafkaesque Double Thoughts Karl Dahlstrand (Lund University, Sweden and Mikael Furugärde, Lund University, Sweden)16. -- Socio-Legal Agency in Late Modernity - Reappreciating the Relationship between Normativity and Sociology of Law Pierre Guibentif (Iscte University Institute, Portugal)17. -- The Quest for Scientific Methods: Sociology of Law, Jurimetrics and Legal Informatics Peter Wahlgren (Stockholm University, Sweden)18. -- Minding the 'Gap' Problem: The Relevance of Combining Top-down and Bottom-up Approaches to the Study of Law's Role in Everyday LifeStine Piilgaard Porner Nielsen (University of Southern Denmark)19. -- Doing Fieldwork in Istanbul Courts: Challenges and Strategies Seda Kalem (Istanbul Bilgi University, Turkey) PART IVCOMPARATIVE LEGAL CULTURES20. -- Legal Culture as an Approach to the Study of Law in Russian Society Marina Kurkchiyan (University of Oxford, UK)21. -- Flexible Structures: Using the Legal Culture Concept to Study the Law of Society Carlo Pennisi (University of Catania, Italy)22. -- Lawyers and Drivers: On Reading Two Works of Reza Banakar Lawrence M Friedman (Stanford University, USA)23. -- Traffic Justice: Law and Society on the Roads of Iran and the Netherlands Marc Hertogh (University of Groningen, the Netherlands)24. -- The Cancer of the Law in the Islamic Republic of Iran: Reflections on the Iranian Anti-Israel Law of 2020 Mathieu Deflem (University of South Carolina)25. -- Revolutions and Legal Cultures. -- Perspectives and Reflections Hanne Petersen (University of Copenhagen, Denmark) PART VSOCIOLOGY OF LAW AS SCIENCE26. -- Reza Banakar and the Quest for a Sociology of Law Ole Hammerslev (University of Southern Denmark) and Mikael Rask Madsen (University of Copenhagen, Denmark)27. -- Governing through Covid Indicators David Nelken (King's College, London, UK)28. -- Safe but not Secure? Risk Management, Communication and Preparedness for a Pandemic in Aviation John Woodlock (Lund University, Sweden)29. -- The Interlegal Evocation of Peace in Colombia Nicolás Serrano Cardona (Lund University, Sweden) PART VIAPPLIED SOCIOLOGY OF LAW30. -- Trade Union Solidarity and the Issue of Minimum Wage Regulation in the EU Ann-Christine Hartzén (Lund University, Sweden)31. -- Constitutional Imaginaries: A Socio-legal Perspective of Political and Societal Constitutions Jirí Pribán (Cardiff University, UK)32. -- Public Sentiments on Justice, Legal Consciousness, and the Study of Marginalised GroupsPeter Scharf Smith (University of Oslo, Norway)33. -- Challenging Legal Orthodoxy: New Orientations in Space and Timein Discourses Over Land Tenure Anne Griffiths (Edinburgh University, UK)34. -- Sexual Violence, Standard(s) of Proof, and Arbitrariness in Judicial Decision-Making Hildur Fjóla Antonsdóttir (University of Iceland).