Legal culture in the United States : an introduction / / Kirk W. Junker

• Record Nr.: UNINA9910965539503321
• Autore: Junker Kirk W.
• Pubbl/distr/stampa: Abingdon, Oxon ; ; New York : , : Routledge, , 2016
• ISBN: 1-317-24555-5; 1-315-62994-1; 1-317-24554-7
• Edizione: [1st ed.]
• Descrizione fisica: 1 online resource (269 p.)
• Collana: Zones of Religion
• Disciplina: 340/.1150973
• Soggetti: Law - United States - Methodology; Culture and law - United States; Justice, Administration of - Social aspects - United States; Adversary system (Law) - Social aspects - United States; Sociological jurisprudence - United States
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: Includes index.
• Nota di contenuto: Title Page; Copyright Page; Dedication; Table of Contents; Acknowledgements; Foreword; Preface: Seeing Law through the Reference Frames of Culture; 1 The Goal: Knowing the Soul and Spirit of U.S. Legal Culture through the Experience of the Common Law; 1.1 Framing Issues; 1.1.1 Spirit; 1.1.2 Soul; 1.1.3 The Spirit and the Soul of Advocacy; 1.2 Conclusions from Experience; Literature; 2 The Always and Already Comparative Nature of "Foreign" Law; Framing Issues; 2.1 Introduction; 2.2 Cognitive Status Quo; 2.2.1 Why Compare? A Brief History of Comparative Law; 2.2.2 Comparative Method; 3.3 Comparisons within the Family: English Law and U.S. LawLiterature; 4 The Historical Reference Frame of "Kingless Commonwealths on the Other Shore of the Atlantic"1; Framing Issues; 4.1 The Problems of History; 4.2 Framing the Questions of History, U.S. History and U.S. Legal History; 4.2.1 The Static View; 4.2.2 The Circular or Cyclical View; 4.2.3 The Progressive or Enlightenment View; 4.2.4 The Spiral View; 4.2.5 The Cataclysmic View; 4.2.6 The Regressive View; 4.3 Proceeding from the Assumptions in the Various Views; 4.4 The Use and Abuse of History; 4.5 Punished by Places and by Times: Establishing an Historical Narrative for U.S. Law4.5.1 The Birth of the Common Law; 4.5.2 Early Period: Eleventh-Thirteenth Centuries; 4.5.3 Middle Period: 1340s-1640s; 4.5.4 The Modern Period: The Eighteenth Century Until Today; 4.6 U.S. History; 4.7 U.S. Legal History; 4.8 Conclusion; Literature; 5 The Social Reference Frame: Cultural Practices We Call "Law"; Framing Issues; 5.1 Introduction: Does Society Want Legal Specialists?; 5.1.1 The Social Approach to the Legal Actors; 5.1.2 Legal Practice and Training in the United States; 5.1.3 U.S. Legal Education and Practice Immediately After Independence5.1.4 General Considerations for Admission to the Practice of Law; 5.1.5 Legal Education in the Twentieth and Twenty-first Centuries; 5.2 The United States Today: Entry into the Profession of Practicing Law; 5.3 Foreign Lawyer Practice in the United States (LL.M. and Foreign Legal Advisor); 5.4 Legal Science; 5.5 Lawyers and Law Students by the Numbers; 5.5.1 Gender; 5.5.2 Race; 5.6 A New Millennium for Common Law Education, A New Century for U.S. Legal Education; 5.7 Conclusion: Are the Horses in the Street Frightened Yet?; Literature
• Sommario/riassunto: For law students and lawyers to successfully understand and practice law in the U.S., recognition of the wider context and culture which informs the law is essential. Simply learning the legal rules and procedures in isolation is not enough without an appreciation of the culture that produced them. This book provides the reader with an understandable introduction to the ways in which U.S. law reflects its culture and each chapter begins with questions to guide the reader, and concludes with questions for review, challenge and further understanding. Kirk W. Junker explores cultural differences, employing history, social theory, philosophy, and language as "reference frames," which are then applied to the rules and procedures of the U.S. legal system in the book's final chapter. Through these cultural reference frames readers are provided with a set of interpretive tools to inform their understanding of the substance and institutions of the law. With a deeper understanding of this cultural context, international students will be empowered to more quickly adapt to their studies; more comprehensively understand the role of the attorney in the U.S. system; draw comparisons with their own domestic legal systems, and ultimately become more successful in their legal careers both in the U.S. and abroad. "