Law and Society: Volume IV: Substantive Areas

The thriving and well-established field of Law and Society (also referred to as Sociolegal Studies) has diverse methodological influences; it draws on social-scientific and arts-based methods. The approach of scholars researching and teaching in the field often crosses disciplinary borders, but, broadly speaking, Law and Society scholarship goes behind formalism to investigate how and why law operates, or does not operate as intended, in society. By exploring law’s connections with broader social and political forces—both domestic and international—scholars gain valuable perspectives on ideology, culture, identity, and social life. Law and Society scholarship considers both the law in contexts, as well as contexts in law.
Law and Society flourishes today, perhaps as never before. Academic thinkers toil both on the mundane and the local, as well as the global, making major advances in the ways in which we think both about law and society. Especially over the last four decades, scholarly output has rapidly burgeoned, and this new title from Routledge’s acclaimed Critical Concepts in Law series answers the need for an authoritative reference collection to help users make sense of the daunting quantity of serious research and thinking.
Edited by the leading scholars in the field, Law and Society brings together in four volumes the vital classic and contemporary contributions. Volume I is dedicated to historical antecedents and precursors. The second volume covers methodologies and crucial themes. The third volume assembles key works on legal processes and professional groups, while the final volume of the collection focuses on substantive areas. Together, the volumes provide a one-stop ‘mini library’ enabling all interested researchers, teachers, and students to explore the origins of this thriving sub discipline, and to gain a thorough understanding of where it is today.

The Economics of Total War and Reconstruction, 1914-1922

This chapter features a discussion of the economy and mobilization for the First World War. The authors analyse the implications and cost of total war, concluding with an examination of its contradictory legacies. In studying the war’s impact on Germany in particular, the chapter provides an in-depth look at the consequences of war on Europe’s strongest pre-war economy, without the complications of separating out the issues of a developing country, which can mimic those faced in wartime. The economic challenges that warring parties faced during the war included mobilization, warfare, labour shortage, impaired domestic economic activity, restricted international trade, a systematic redistribution of resources towards the war economy, food rationing, the predictable emergence of black markets, and a drop in living standards. The authors also discuss strategies to meet the significant financial demands associated with the war, and its tumultuous economic and political aftermath.

John Punch, Scotist Holy War, and the Irish Catholic Revolutionary Tradition in the Seventeenth Century

During the 1640s, the Irish Franciscan theologian John Punch taught his theology students in Rome that war against Protestants was made just by their religion alone. Jesuits like Luis de Molina identified the holy war tradition in which Punch stood as a Scotist one, and insisted that the Scotists had confused the natural and supernatural spheres. Among Irishmen, Punch was unusual. The main Irish Catholic revolutionary tradition employed Jesuit and Thomist theory. They argued that the Stuarts had lost the right to rule Ireland for natural reasons, not supernatural ones; because the Stuarts were tyrants, not because they were Protestants.

Agriculture, settlement and society in Early Medieval Ireland

During the early medieval period, Ireland was politically organised into a large number of very small kingdoms. Unlike much of Western Europe, it had not been incorporated into the Roman Empire, and as a consequence, settlement remained exclusively rural in character until the Viking period. Extensive documentary, archaeological, zooarchaeological and macro-plant evidence provides a detailed reconstruction of the livestock and arable economy of the period. Cattle ownership formed the basis of wealth as well as being an indicator of status in society, and this is reflected in its clear dominance of the livestock economy during this period. From the eighth century onwards, however, cereal production appears to grow in importance as subsistence farming gave way to the production of agricultural surplus. This is reflected in cereal diversification and in the construction of watermills and more efficient grain-drying kilns. At the same time, settlement underwent significant changes and the relative importance of cattle in some areas began to decline.

Holidays in the Danger Zone: Entanglements of War and Tourism

A timely, and uniquely historical, look at how war turns soldiers, and all of us, into tourists. Holidays in the Danger Zone exposes the mundane and everyday entanglements between two seemingly opposed worlds—warfare and tourism. Debbie Lisle shows how a tourist sensibility shapes the behavior of soldiers in warespecially the experiences of Western military forces in “exotic” settings. This includes not only R&R but also how battlefields themselves become landscapes of leisure and tourism. It further explores how a military sensibility shapes the development of tourism in the postwar context, from “Dark Tourism” (engaging with displays of conflict and atrocity) to exhibitions of conflict in museums and at memorial sites, as well as in advertising, film, journals, guidebooks, blogs, and photography. Focused on how war and tourism reinforce prevailing modes of domination, Holidays in the Danger Zone critically examines the long historical arc of the war-tourism nexus from nineteenth-century imperialism to World War I and World War II, from the Cold War to globalization and the War on Terror.

Any Nearer to Victory in the Fifty Years War?:Assessing the European Commission’s Leadership, Weapons and Strategies towards combating Cartels

Some 50 years after its creation EU competition policy remains firmly entrenched as one of the most developed examples of supranational governance within the European Union. Although there has been a marked increase in interest among political scientists in competition policy in recent years there are still gaps in terms of overall coverage. One area that has been largely overlooked centres on cartels. Cartel policy has emerged as a highly salient issue and main priority of the Commission's competition policy since the late 1990s. Certainly, the recent restructuring of the EU cartel enforcement regime, the imposition of ever higher fines and a determined EU Competition Commissioner have fuelled growing media attention while new notices and regulations increasingly occupy the interests and minds of practitioners. The European Commission has constantly extended its activities on the competition policy front and its increasingly aggressive strategies to combat cartels provides political scientists with a fascinating case study of governance in action and illustrates the ways – such as leniency programmes, higher fines, enhanced and better equipped resources as well as internal reorganisation in which the European regulator is pursuing such conspiracies. This article traces the evolution and development of EU cartel policy since its inception and assesses the Commission's strategies and considers just to what extent the European Commission is winning its war against business cartelisation.

The political legacy of World war I and the Easter Rising in Longford

During the Irish War of Independence, between 1919 and 1921, Longford was one of the centres of the Irish Republican Army's guerrilla campaign against British rule in Ireland. The county's emergence as a centre of republican activity appears incongruous in light of its relatively peaceful history up to that point and in view of the fact that, outside of Dublin, its neighbouring Leinster counties were not particularly strongholds of IRA resistance. The explanation for Longford's role during the crucial years of the independence campaign is to be found in the political ransformation that occurred in the county in the crucial period of turmoil encompassing World War I and the Easter Rising.

Sublime Lessons: Education and Ambivalence in War Exhibitions

This paper examines how experiences of the sublime are regulated in the war exhibitions of modern museums. Ambivalence is a key feature of the sublime because subjects are forced to negotiate simultaneous feelings of terror and awe in the face of something unrepresentable like war. This paper analyses how war exhibitions dispel ambivalence by resuscitating a Kantian sublime full of resolution, catharsis and transcendence. In this context, potentially destabilising encounters with horrific objects (e.g. guns, bombs, shrapnel) are neutralised by didactic 'Lessons of War' and celebratory narratives of victory. Using examples from the United States Holocaust Memorial Museum, the Imperial War Museum in London and the Smithsonian Institution, this paper illustrates how conventional war exhibitions reproduce a politics of consensus by carefully managing the experience of the sublime.

Lawyers in a Divided Society: Legal Culture and Legal Services in Northern Ireland",

Also published as Ch. 9 in Tomorrow's Lawyers (ed. P. Thomas) Oxford: Blackwell 1992. (With M. Fox.)

Crime, justice and the legitimacy of military power in the international sphere

This article examines how a discourse of crime and justice is beginning to play a significant role in justifying international military operations. It suggests that although the coupling of war with crime and justice is not a new phenomenon, its present manifestations invite careful consideration of the connection between crime and political theory. It starts by reviewing the notion of sovereignty to look then at the history of the criminalisation of war and the emergence of new norms to constrain sovereign states. In this context, it examines the three ways in which military force has recently been authorised: in Iraq, in Libya and through drones in Yemen, Pakistan and Somalia. It argues the contemporary coupling of military technology with notions of crime and justice allows the reiteration of the perpetration of crimes by the powerful and the representation of violence as pertaining to specific dangerous populations in the space of the international. It further suggests that this authorises new architectures of authority, fundamentally based on military power as a source of social power.