This article provides an overview of an empirical study of a civil trial court and the environmen... more This article provides an overview of an empirical study of a civil trial court and the environment of indigenous law and conflict resolution in which the court operates. The article combines an analysis of civil cases and litigants with an investigation of alternative nonjudicial approaches used by residents of the community. The first section of the article examines the emergence of legal conflicts from the fabric of social relationships in the community and compares cases and parties in the court with those that gravitate toward nonjudicial settings. The second section compares processes and outcomes available in the court with those that may be obtained nonjudicially. The article concludes that different categories of cases emerge from different kinds of social relationships and for this reason are associated with fundamentally dissimilar patterns of values, norms, procedures, and outcomes. It also emphasizes the benefits to be obtained from investigating the complex relationships and interchanges that link local level trial courts to their communities.
Annual Review of Law and Social Science, Oct 13, 2019
Legal consciousness is a vibrant research field attracting growing numbers of scholars worldwide.... more Legal consciousness is a vibrant research field attracting growing numbers of scholars worldwide. Yet differing assumptions about aims and methods have generated vigorous debate, typically resulting from a failure to recognize that three different clusters of scholars-identified here as the Identity, Hegemony, and Mobilization schools-are pursuing different goals and deploying the concept of legal consciousness in different ways. Scholarship associated with these three schools demonstrates that legal consciousness is actually a flexible paradigm with multiple applications rather than a monolithic approach. Furthermore, a new generation of scholars has energized the field in recent years, focusing on marginalized peoples and non-Western settings. Through their findings, and as a result of broader trends across the social sciences, relational legal consciousness has taken on greater importance. Legal consciousness research should be imagined on a continuum ranging from individualistic conceptualizations of thought and action to interactive, co-constitutive approaches.
Chua, Lynette J. and David M. Engel. 2021 “Legal Consciousness." In Routledge Handbook o... more Chua, Lynette J. and David M. Engel. 2021 “Legal Consciousness." In Routledge Handbook of Law & Society, edited by Mariana Valverde, Eve Darian-Smith, Kamari Clarke and Prabha Kotiswaran, pp. 187-191 (Routledge).
The diversity and pluralism of Southeast Asia make it an ideal subject for law and society resear... more The diversity and pluralism of Southeast Asia make it an ideal subject for law and society researchers, but by and large they have not given the region the attention it deserves. In this article, we argue for a more intense and systematic linking of research about Southeast Asia and the field of law and society. We focus on the theme of state and personhood to suggest how some of the central concerns of law and society may be relevant to Southeast Asian peoples and cultures. We illustrate our argument by selecting nine excellent articles by Southeast Asian scholars who do not currently identify their work with the law and society field, and we demonstrate that their research is rich with implications for the field. We welcome in particular the ways in which they have portrayed personhood as an ongoing construction and have highlighted its contingent relationship with the state. Building on these themes, we conclude the article with a plea for a more far-reaching engagement between Southeast Asian studies and law and society research.
noting such a relationship in water pollution control context). In several important respects, th... more noting such a relationship in water pollution control context). In several important respects, the subject of this Essay differs from the usual continuing relations model. First, continuing relationships usually are viewed as systems of private ordering that exist apart from formal law, but in the special education context it was law itself-the EHA-that created the continuing relationship. Second, the continuing relationship between parents and school district personnel is unique because it involves a governmental agency and its clients rather than two private parties linked by affective ties, kinship, or ongoing reciprocal exchanges. Third, the frequency and nature of the interactions within this continuing relationship are founded not on customary practice or mutual agreement but rather on the procedural requirements of the statute.
... Titles include: 1. Politics and the Press in Thailand Media machinations Duncan McCargo 2. De... more ... Titles include: 1. Politics and the Press in Thailand Media machinations Duncan McCargo 2. Democracy and National Identity in Thailand Michael Kelly Connors 3. The Politics of NGOs in Indonesia Developing democracy and managing a movement Bob S. Hadiwinata 4 ...
This chapter provides a counter-example to the usual story of legal secularization and modernizat... more This chapter provides a counter-example to the usual story of legal secularization and modernization. It suggests that the enactment of a secular law code in a non-European setting can interact in unexpected ways with local religious traditions and customary law and can ultimately produce a widespread rejection of liberal legalism.Legal modernization in Thailand during the early Twentieth Century brought the semi-autonomous Lanna region under the control of the emergent Thai state (Then known as Siam). Thai leaders sought to suppress a vibrant Lanna legal tradition that linked village-level customary practices to the formal laws of the Lanna princes. In this tradition, legal concepts and practices were closely connected to a distinctive form of Buddhism that incorporated non-Buddhist elements associated with spirit worship. When the Thai state adopted a European-style civil code, it aimed to shatter these connections between law and religion and curb local traditions that might challenge state supremacy. Instead, customary legal beliefs and practices were driven underground and continued to shape the behavior of potential litigants, lawyers, and judges in ways that could not be openly acknowledged. Only in recent years, with the disruptions and dislocations caused by global influences, have Lanna legal and religious practices begun to fade. Yet this recent development has not brought a greater acceptance of secular legalism but rather a new form of Buddhism that views law and religion as inherently oppositional. Focusing on injury cases, this analysis shows how religious consciousness can be transformed and strengthened within a modern state, leading to a widespread perception that secular law is contrary to fundamental values and beliefs.
This article explores the role of a local trial court in terms of the plurality of legal systems—... more This article explores the role of a local trial court in terms of the plurality of legal systems—both formal and informal—found in the community in which the court operates. The concept of legal pluralism in American society is examined, and a comparison is made between the study of plural normative systems and the study of disputes and dispute processing. Two examples of legal pluralism drawn from an empirical study of a midwestern community are presented: the first exploring oral contractual agreements among farmers and the second examining formal and informal norms concerning divorce. The application of this form of analysis is found to reveal important distinctions between the manifest and latent functions that the trial court performs in its community setting.
Law and Social Inquiry-journal of The American Bar Foundation, Jul 1, 2005
This study analyzes the transformation of legal consciousness associated with the process of glob... more This study analyzes the transformation of legal consciousness associated with the process of globalization. It examines changing conceptions of injury and compensation in northern Thailand, where global economic and cultural flows have had a dramatic impact over the past twenty years. In their "injury narratives," ordinary Thai people describe the harm they have suffered, the causes they identify, the issues of responsibility with which they struggle, the obligations and remedy systems they consider relevant, and the role of law as they perceive it. These accounts, as wellas litigation recurds from the Chiangmai Provincial Court, suggest that a transformation of Thai legal consciousness h a s indeed occurred, but not in the direction one might have expected. Rather than embracing liberal legalism or conceptualizing their grievances in terms of rights, injury victims in post-globalization Thailand are now less inclined to perceive their experiences in legal terms and more inclined to rely on a new furm of religious discourse in which Buddhist precepts justify the injured person's decision to refrain from the pursuit of compemation. This article offers an explanation of why globalization appears to have pushed legal consciousness in the direction of religiosity rather than rights.
... Frank W. Munger is professor of law at the State University of New York at ... Sara Davis, Ma... more ... Frank W. Munger is professor of law at the State University of New York at ... Sara Davis, Mariely Downey, Sara Faherty, Christine Farley, Ruth Hogan, Rashondra Jackson, Rochelle Jones ... her love, patience, generosity, and insights throughout this project, and by Frank Munger to ...
This article provides an overview of an empirical study of a civil trial court and the environmen... more This article provides an overview of an empirical study of a civil trial court and the environment of indigenous law and conflict resolution in which the court operates. The article combines an analysis of civil cases and litigants with an investigation of alternative nonjudicial approaches used by residents of the community. The first section of the article examines the emergence of legal conflicts from the fabric of social relationships in the community and compares cases and parties in the court with those that gravitate toward nonjudicial settings. The second section compares processes and outcomes available in the court with those that may be obtained nonjudicially. The article concludes that different categories of cases emerge from different kinds of social relationships and for this reason are associated with fundamentally dissimilar patterns of values, norms, procedures, and outcomes. It also emphasizes the benefits to be obtained from investigating the complex relationships and interchanges that link local level trial courts to their communities.
Annual Review of Law and Social Science, Oct 13, 2019
Legal consciousness is a vibrant research field attracting growing numbers of scholars worldwide.... more Legal consciousness is a vibrant research field attracting growing numbers of scholars worldwide. Yet differing assumptions about aims and methods have generated vigorous debate, typically resulting from a failure to recognize that three different clusters of scholars-identified here as the Identity, Hegemony, and Mobilization schools-are pursuing different goals and deploying the concept of legal consciousness in different ways. Scholarship associated with these three schools demonstrates that legal consciousness is actually a flexible paradigm with multiple applications rather than a monolithic approach. Furthermore, a new generation of scholars has energized the field in recent years, focusing on marginalized peoples and non-Western settings. Through their findings, and as a result of broader trends across the social sciences, relational legal consciousness has taken on greater importance. Legal consciousness research should be imagined on a continuum ranging from individualistic conceptualizations of thought and action to interactive, co-constitutive approaches.
Chua, Lynette J. and David M. Engel. 2021 “Legal Consciousness." In Routledge Handbook o... more Chua, Lynette J. and David M. Engel. 2021 “Legal Consciousness." In Routledge Handbook of Law & Society, edited by Mariana Valverde, Eve Darian-Smith, Kamari Clarke and Prabha Kotiswaran, pp. 187-191 (Routledge).
The diversity and pluralism of Southeast Asia make it an ideal subject for law and society resear... more The diversity and pluralism of Southeast Asia make it an ideal subject for law and society researchers, but by and large they have not given the region the attention it deserves. In this article, we argue for a more intense and systematic linking of research about Southeast Asia and the field of law and society. We focus on the theme of state and personhood to suggest how some of the central concerns of law and society may be relevant to Southeast Asian peoples and cultures. We illustrate our argument by selecting nine excellent articles by Southeast Asian scholars who do not currently identify their work with the law and society field, and we demonstrate that their research is rich with implications for the field. We welcome in particular the ways in which they have portrayed personhood as an ongoing construction and have highlighted its contingent relationship with the state. Building on these themes, we conclude the article with a plea for a more far-reaching engagement between Southeast Asian studies and law and society research.
noting such a relationship in water pollution control context). In several important respects, th... more noting such a relationship in water pollution control context). In several important respects, the subject of this Essay differs from the usual continuing relations model. First, continuing relationships usually are viewed as systems of private ordering that exist apart from formal law, but in the special education context it was law itself-the EHA-that created the continuing relationship. Second, the continuing relationship between parents and school district personnel is unique because it involves a governmental agency and its clients rather than two private parties linked by affective ties, kinship, or ongoing reciprocal exchanges. Third, the frequency and nature of the interactions within this continuing relationship are founded not on customary practice or mutual agreement but rather on the procedural requirements of the statute.
... Titles include: 1. Politics and the Press in Thailand Media machinations Duncan McCargo 2. De... more ... Titles include: 1. Politics and the Press in Thailand Media machinations Duncan McCargo 2. Democracy and National Identity in Thailand Michael Kelly Connors 3. The Politics of NGOs in Indonesia Developing democracy and managing a movement Bob S. Hadiwinata 4 ...
This chapter provides a counter-example to the usual story of legal secularization and modernizat... more This chapter provides a counter-example to the usual story of legal secularization and modernization. It suggests that the enactment of a secular law code in a non-European setting can interact in unexpected ways with local religious traditions and customary law and can ultimately produce a widespread rejection of liberal legalism.Legal modernization in Thailand during the early Twentieth Century brought the semi-autonomous Lanna region under the control of the emergent Thai state (Then known as Siam). Thai leaders sought to suppress a vibrant Lanna legal tradition that linked village-level customary practices to the formal laws of the Lanna princes. In this tradition, legal concepts and practices were closely connected to a distinctive form of Buddhism that incorporated non-Buddhist elements associated with spirit worship. When the Thai state adopted a European-style civil code, it aimed to shatter these connections between law and religion and curb local traditions that might challenge state supremacy. Instead, customary legal beliefs and practices were driven underground and continued to shape the behavior of potential litigants, lawyers, and judges in ways that could not be openly acknowledged. Only in recent years, with the disruptions and dislocations caused by global influences, have Lanna legal and religious practices begun to fade. Yet this recent development has not brought a greater acceptance of secular legalism but rather a new form of Buddhism that views law and religion as inherently oppositional. Focusing on injury cases, this analysis shows how religious consciousness can be transformed and strengthened within a modern state, leading to a widespread perception that secular law is contrary to fundamental values and beliefs.
This article explores the role of a local trial court in terms of the plurality of legal systems—... more This article explores the role of a local trial court in terms of the plurality of legal systems—both formal and informal—found in the community in which the court operates. The concept of legal pluralism in American society is examined, and a comparison is made between the study of plural normative systems and the study of disputes and dispute processing. Two examples of legal pluralism drawn from an empirical study of a midwestern community are presented: the first exploring oral contractual agreements among farmers and the second examining formal and informal norms concerning divorce. The application of this form of analysis is found to reveal important distinctions between the manifest and latent functions that the trial court performs in its community setting.
Law and Social Inquiry-journal of The American Bar Foundation, Jul 1, 2005
This study analyzes the transformation of legal consciousness associated with the process of glob... more This study analyzes the transformation of legal consciousness associated with the process of globalization. It examines changing conceptions of injury and compensation in northern Thailand, where global economic and cultural flows have had a dramatic impact over the past twenty years. In their "injury narratives," ordinary Thai people describe the harm they have suffered, the causes they identify, the issues of responsibility with which they struggle, the obligations and remedy systems they consider relevant, and the role of law as they perceive it. These accounts, as wellas litigation recurds from the Chiangmai Provincial Court, suggest that a transformation of Thai legal consciousness h a s indeed occurred, but not in the direction one might have expected. Rather than embracing liberal legalism or conceptualizing their grievances in terms of rights, injury victims in post-globalization Thailand are now less inclined to perceive their experiences in legal terms and more inclined to rely on a new furm of religious discourse in which Buddhist precepts justify the injured person's decision to refrain from the pursuit of compemation. This article offers an explanation of why globalization appears to have pushed legal consciousness in the direction of religiosity rather than rights.
... Frank W. Munger is professor of law at the State University of New York at ... Sara Davis, Ma... more ... Frank W. Munger is professor of law at the State University of New York at ... Sara Davis, Mariely Downey, Sara Faherty, Christine Farley, Ruth Hogan, Rashondra Jackson, Rochelle Jones ... her love, patience, generosity, and insights throughout this project, and by Frank Munger to ...
Legal consciousness is a vibrant research field attracting growing numbers of scholars worldwide.... more Legal consciousness is a vibrant research field attracting growing numbers of scholars worldwide. Yet differing assumptions about aims and methods have generated vigorous debate, typically resulting from a failure to recognize that three different clusters of scholars-identified here as the Identity , Hegemony, and Mobilization schools-are pursuing different goals and deploying the concept of legal consciousness in different ways. Scholarship associated with these three schools demonstrates that legal consciousness is actually a flexible paradigm with multiple applications rather than a mono-lithic approach. Furthermore, a new generation of scholars has energized the field in recent years, focusing on marginalized peoples and non-Western settings. Through their findings, and as a result of broader trends across the social sciences, relational legal consciousness has taken on greater importance. Legal consciousness research should be imagined on a continuum ranging from individualistic conceptualizations of thought and action to interactive, co-constitutive approaches.
The first reader on Asian law and society scholarship, this book features reading selections from a wide range of Asian countries – East, South, Southeast and Central Asia – along with original commentaries by the three editors on the theoretical debates and research methods pertinent to the discipline. Organized by themes and topical areas, the reader enables scholars and students to break out of country-specific silos to make theoretical connections across national borders. It meets a growing demand for law and society materials in institutions and universities in Asia and around the world. It is written at a level accessible to advanced undergraduate students and graduate students as well as experienced researchers, and serves as a valuable teaching tool for courses focused on Asian law and society in law schools, area studies, history, religion, and social science fields such as sociology, anthropology, politics, government, and criminal justice.
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The first reader on Asian law and society scholarship, this book features reading selections from a wide range of Asian countries – East, South, Southeast and Central Asia – along with original commentaries by the three editors on the theoretical debates and research methods pertinent to the discipline. Organized by themes and topical areas, the reader enables scholars and students to break out of country-specific silos to make theoretical connections across national borders. It meets a growing demand for law and society materials in institutions and universities in Asia and around the world. It is written at a level accessible to advanced undergraduate students and graduate students as well as experienced researchers, and serves as a valuable teaching tool for courses focused on Asian law and society in law schools, area studies, history, religion, and social science fields such as sociology, anthropology, politics, government, and criminal justice.