Socio-legal Studies — Overview

Research on law in society is carried out at the Centre for Socio-Legal Studies. Together with the Professor, one University Lecturer in Socio-Legal Studies and one University Lecturer in Law and Regulation, there are around ten post-doctoral fellows carrying out both empirical and theoretical research into the place and role of law in society. The approach is multi-disciplinary and the researchers come from a wide variety of scholary backgrounds. The research streams, forthcoming events, list of staff and publications can be found on the Centre's web-site.

socio microsite logoFor more detailed information about our work in this area, see also the dedicated Centre for Socio-Legal Studies website


This theme contains two subjects, namely: Law in Society and Regulation


Law in Society

News

Dr David Erdos joins OECD volunteer group of privacy experts

photo of David Erdos

Dr David Erdos, Katzenbach Research Fellow at the Faculty of Law's Centre for Socio-Legal Studies and co-ordinator of CSLS’s  Oxford Privacy Information Law and Society (OxPILS) research programme, has been asked to join the OECD’s volunteer group of privacy experts. [more…]

Courses

The courses we offer in this field are:

Postgraduate

BCL

Law in Society

The basic training required for all new graduate students is provided by the Theory and Methods in Socio-Legal Research course, which is compulsory for all Centre students in the first year of their research degrees.

Law is not only a means for giving certainty and stability to private relationships and maintaining social order, but also an instrument for directing society and solving social issues. The operation of law in society raises important issues of both a theoretical and an empirical nature: how does law actually function in society and how can this be understood? The first part of the course introduces these issues and considers the social foundations of law. The second part extends the scope to the study of law in non-western environments and issues considered by anthropologists of law.

Scholarship concerning law and society takes two directions. The more theoretical asks questions about law as a social formation, how law fits into society, what function it has, and how it interrelates with other aspects of society. Empirical approaches ask how law works in practical situations by conducting in-depth research into specific areas. These include regulation, businesses practices and the use of official discretion and considers matters such as the relationship between law and social rules, how courts work in practiceand how administrative and regulatory bodies apply the law. These studies are the basis for observing more general patterns concerning the ways law works in society. The first part of the course brings together these two directions, showing how theoretical ideas inform empirical research and visa versa.

The second part asks how we are to understand the different systems of law found in other societies. On what grounds can we even define them as law? These questions are central for anthropologists of law but arise, in practical ways, for those concerned with the implementation of international law and development projects and the promotion of good governance and democracy around the world. How do our laws and legal practices conflict with, complement or undermine their practices and expectations? These issues are considered in the context of classic sociological theories and anthropological approaches to the study of diverse forms of law. Asking about the other also causes us to reflect on the parameters and cultural specificity of our own concepts of law and students will be encouraged to think constructively and critically about familiar legal phenomena and their universal application.

MJur

Law in Society

The basic training required for all new graduate students is provided by the Theory and Methods in Socio-Legal Research course, which is compulsory for all Centre students in the first year of their research degrees.

Law is not only a means for giving certainty and stability to private relationships and maintaining social order, but also an instrument for directing society and solving social issues. The operation of law in society raises important issues of both a theoretical and an empirical nature: how does law actually function in society and how can this be understood? The first part of the course introduces these issues and considers the social foundations of law. The second part extends the scope to the study of law in non-western environments and issues considered by anthropologists of law.

Scholarship concerning law and society takes two directions. The more theoretical asks questions about law as a social formation, how law fits into society, what function it has, and how it interrelates with other aspects of society. Empirical approaches ask how law works in practical situations by conducting in-depth research into specific areas. These include regulation, businesses practices and the use of official discretion and considers matters such as the relationship between law and social rules, how courts work in practiceand how administrative and regulatory bodies apply the law. These studies are the basis for observing more general patterns concerning the ways law works in society. The first part of the course brings together these two directions, showing how theoretical ideas inform empirical research and visa versa.

The second part asks how we are to understand the different systems of law found in other societies. On what grounds can we even define them as law? These questions are central for anthropologists of law but arise, in practical ways, for those concerned with the implementation of international law and development projects and the promotion of good governance and democracy around the world. How do our laws and legal practices conflict with, complement or undermine their practices and expectations? These issues are considered in the context of classic sociological theories and anthropological approaches to the study of diverse forms of law. Asking about the other also causes us to reflect on the parameters and cultural specificity of our own concepts of law and students will be encouraged to think constructively and critically about familiar legal phenomena and their universal application.


People

teaching is organized by:

Denis Galligan: Professor of Socio-Legal Studies and

Fernanda Pirie: Director of the Centre for Socio-Legal Studies

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Regulation

Forthcoming Subject Events


February 2012

Wednesday 15 February 2012  Week 5

Regulation Discussion Group
A Pragmatic Perspective on Democracy and Regulation
Speaker: Prof. Sid Shapiro, Wake Forest University
Manor Road Social Sciences Building E at 17:30

Wednesday 22 February  Week 6

The Regulatory Imagination
Regulatory imagination and the challenge of interdisciplinarity
Speaker: Prof. Bob Jessop, Lancaster University
Manor Road Social Sciences Building F at 16:00

Wednesday 29 February  Week 7

Regulation Discussion Group
Regulation of Networked Industries: The Case of Slovak Postal Services and Berlin Water
Speaker: Martina Maier, McDermott Will & Emery
Oxford Law Faculty The Cube at 17:00

March 2012

Wednesday 7 March  Week 8

The regulatory imagination
Regulatory imagination and reform: The Case of the Financial Crisis
Speaker: Prof. Michael Moran Manchester University
Manor Road Social Sciences Building Seminar Room F at 14:00

May 2012

Wednesday 2 May  Week 2

The Regulatory Imagination
Reading Group meeting: Fiona Haines (2011) The Paradox of Regulation
Wolfson College Dining Hall at 13:00

Wednesday 16 May  Week 4

The Regulatory Imagination
The regulatory imagination in a global context: regulatory competition & transnationalism
Speaker: Dr. Veerle Heyvaert, LSE
Manor Road Social Sciences Building F at 14:00

Wednesday 23 May  Week 5

The Regulatory Imagination
The regulatory imagination and the challenge of equality I: Gender & economic crisis
Speaker: Prof. Sylvia Walby, Lancaster University
Manor Road Social Sciences Building F at 14:00

Wednesday 30 May  Week 6

The Regulatory Imagination
The regulatory imagination & the challenge of equality: Gender, regulation & the crisis in personal finance
Speaker: Prof. Toni Williams, Kent University
Manor Road Social Sciences Building F at 14:00

June 2012

Wednesday 13 June  Week 8

The Regulatory Imagination
Who builds regulatory imagination? Climate engineering, regulation and public engagement
Speaker: Dr. Bronislaw Szerszynski , Lancaster University
Manor Road Social Sciences Building F at 14:00

Discussion Group

These self-sustaining groups are an essential part of the life of our graduate school. They are organised in some cases by graduate students and in others by Faculty members and meet regularly during term, typically over a sandwich lunch, when one of the group presents work in progress or introduces a discussion of a particular issue or new case. They may also encompass guest speakers from the faculty and beyond.

Regulation Discussion Group

Courses

The courses we offer in this field are:

Postgraduate

BCL

Regulation

Regulation is at the core of how modern states seek to govern the activities of individual citizens as well as corporate and governmental actors. Broadly defined it includes the use of legal and non-legal techniques to manage social and economic risks. While regulation is traditionally associated with prescriptive law, public agencies and criminal as well as administrative sanctions, the politics of the shrinking state and deregulation have meant that intrusive and blunt forms of legal regulation have given way at times to facilitative, reflexive and procedural law which seeks to balance public and private interests in regulatory regimes. Policy debates have addressed whether there is actually too much, too little or the wrong type of regulation.

This course examines what role different forms of law play in contemporary regulatory regimes. It thereby analyses how legal regulation constructs specific relationships between law and society and how legal regulation is involved in mediating conflicts between private and public power. The first section of the course critically examines key conceptual approaches for understanding regulation. How can economic reasoning be employed in order to justify legal regulation? Does a focus on institutions help to understand the operation of regulatory regimes? What rationalities, and hence ‘governmentalities’ are involved in regulating through law? What role do emotions, such as trust, play in regulatory interactions? The second section of the course examines specific regulatory regimes against the background of the conceptual frameworks explored in the first section. This second section discusses ‘regulation in action’ in specific fields of current significance, such as: - the regulation of the legal profession, - the regulation of the carbon market in the EU - the regulation of the provision of health care in the UK - the regulation of education policy-making in the EU - the regulation of the BSE crisis. The course thus provides an opportunity for students to examine the pervasive phenomenon of regulation with reference to different disciplinary perspectives, in particular law, sociology, politics and economics and to gain detailed knowledge of substantive regulatory law in specific fields of current relevance.

MJur

Regulation

Regulation is at the core of how modern states seek to govern the activities of individual citizens as well as corporate and governmental actors. Broadly defined it includes the use of legal and non-legal techniques to manage social and economic risks. While regulation is traditionally associated with prescriptive law, public agencies and criminal as well as administrative sanctions, the politics of the shrinking state and deregulation have meant that intrusive and blunt forms of legal regulation have given way at times to facilitative, reflexive and procedural law which seeks to balance public and private interests in regulatory regimes. Policy debates have addressed whether there is actually too much, too little or the wrong type of regulation.

This course examines what role different forms of law play in contemporary regulatory regimes. It thereby analyses how legal regulation constructs specific relationships between law and society and how legal regulation is involved in mediating conflicts between private and public power. The first section of the course critically examines key conceptual approaches for understanding regulation. How can economic reasoning be employed in order to justify legal regulation? Does a focus on institutions help to understand the operation of regulatory regimes? What rationalities, and hence ‘governmentalities’ are involved in regulating through law? What role do emotions, such as trust, play in regulatory interactions? The second section of the course examines specific regulatory regimes against the background of the conceptual frameworks explored in the first section. This second section discusses ‘regulation in action’ in specific fields of current significance, such as: - the regulation of the legal profession, - the regulation of the carbon market in the EU - the regulation of the provision of health care in the UK - the regulation of education policy-making in the EU - the regulation of the BSE crisis. The course thus provides an opportunity for students to examine the pervasive phenomenon of regulation with reference to different disciplinary perspectives, in particular law, sociology, politics and economics and to gain detailed knowledge of substantive regulatory law in specific fields of current relevance.

MSc (Master's in Law and Finance)

Regulation

Regulation is at the core of how modern states seek to govern the activities of individual citizens as well as corporate and governmental actors. Broadly defined it includes the use of legal and non-legal techniques to manage social and economic risks. While regulation is traditionally associated with prescriptive law, public agencies and criminal as well as administrative sanctions, the politics of the shrinking state and deregulation have meant that intrusive and blunt forms of legal regulation have given way at times to facilitative, reflexive and procedural law which seeks to balance public and private interests in regulatory regimes. Policy debates have addressed whether there is actually too much, too little or the wrong type of regulation.

This course examines what role different forms of law play in contemporary regulatory regimes. It thereby analyses how legal regulation constructs specific relationships between law and society and how legal regulation is involved in mediating conflicts between private and public power. The first section of the course critically examines key conceptual approaches for understanding regulation. How can economic reasoning be employed in order to justify legal regulation? Does a focus on institutions help to understand the operation of regulatory regimes? What rationalities, and hence ‘governmentalities’ are involved in regulating through law? What role do emotions, such as trust, play in regulatory interactions? The second section of the course examines specific regulatory regimes against the background of the conceptual frameworks explored in the first section. This second section discusses ‘regulation in action’ in specific fields of current significance, such as: - the regulation of the legal profession, - the regulation of the carbon market in the EU - the regulation of the provision of health care in the UK - the regulation of education policy-making in the EU - the regulation of the BSE crisis. The course thus provides an opportunity for students to examine the pervasive phenomenon of regulation with reference to different disciplinary perspectives, in particular law, sociology, politics and economics and to gain detailed knowledge of substantive regulatory law in specific fields of current relevance.


People

Regulation teaching is organized by a Subject Group convened by:

Bettina Lange: University Lecturer in Law and Regulation

in conjunction with:

Susan Bright: Professor of Land Law, McGregor Fellow
Paul Craig: Professor of English Law
Anne Davies: Professor of Law and Public Policy
Liz Fisher: Reader in Environmental Law

Also working in this field, but not involved in its teaching programme:

Rachel Condry: UL in Criminology
Paul Davies: Allen & Overy Professor of Corporate Law
Ruth Deech: Chairman, Bar Standards Board, 2009-
Crossbench Peer
Keith Hawkins: Emeritus Professor of Law and Society
Daniel Holleman Joyner: Professor of Law, University of Alabama School of Law
Jane Kaye: Director of the Centre for Law, Health and Emerging Technologies at Oxford: HeLEX
Doreen McBarnet: Professor of Socio-Legal Studies
Jose Mendoza: MSt Legal Research student
Jennifer Payne: Professor of Corporate Finance Law
John Vella: Senior Research Fellow at the Oxford University Centre for Business Taxation
Asma Vranaki: DPhil student

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