ISA World Congress of Sociology, Yokohama, Japan, July 2014

Research Committee on
Sociology of Law, RC12

RC12 main page

Program Coordinators

Number of allocated sessions including Business Meeting: 14.

 

Planned sessions and dates/time subject to further changes

in alphabetical order:

 

Tuesday, July 15, 2014: 03:30 PM - 05:20 PM

Comparative Studies on Disputing Behavior. Part I

Session Organizer
Masayuki MURAYAMA, Meiji University, Japan, aa00092@meiji.ac.jp

Session in English

There have been nationwide surveys in common law countries as well as civil law countries. Qualitative studies on legal aid and access to justice have also been done in various countries. We will make international comparison on disputing behavior, drawing upon findings of these quantitative and qualitative studies.

 

Tuesday, July 15, 2014: 03:30 PM - 05:20 PM

Comparative Studies on Disputing Behavior. Part II

Session Organizer
Masayuki MURAYAMA, Meiji University, Japan, aa00092@meiji.ac.jp

Session in English

 

Wednesday, July 16, 2014: 08:30 AM - 10:20 AM

Gatekeeping for Justice in the Courtroom: Universal and Cultural Dimensions

Session Organizer
Marina KURKCHIYAN, University of Oxford, England, marina.kurkchiyan@csls.ox.ac.uk

Session in English

In any legal system and in any social context, a courtroom is expected to be a place in which justice is protected and if necessary restored. It is supposed to be a forum within which everyone is treated equally before the law. However, the repertoire of roles available to the actors within the legal process and the structure of their relationships, are both determined by specific legal traditions, local procedural rules and distinctive cultural practices. Consequently a typical courtroom is in practice more like a power straggle in which various forces compete, so that the outcome becomes unpredictable.

There are many political and social factors external to the courtroom that can interfere in the legal process, such as various forms of pressure that can restrict the independence of the judiciary or prejudice, resulted from the social and ethnic background of the judge and the litigants. Those issues have been extensively discussed by socio-legal scholars.

In contrast, the impact of the differing amounts of power available to the actors within the courtroom itself has attracted less attention and awaits a closer scrutiny. Presenters in this panel are invited to draw on ethnographic and sociological research to report on courtroom dynamics that are visible in specific social and cultural contexts. It is hoped that this material will stimulate discussion on issues such as whether an imbalance between the powers ascribed to the different roles (e.g. judges, lawyers, and litigants) can impact on the outcome of an individual case.

 

Wednesday, July 16, 2014: 05:30 PM - 07:20 PM

Gender and the Legal Professions

Session Organizers
Haesook KIM, Long Island University, USA, profkimliu@gmail.com
Kay-Wah CHAN, Macquarie University, Australia, kay.chan@mq.edu.au

Session in English

Since the end of World War II many countries around the world have seen an increase in the number and proportion of women in the legal professions. In Asia this is a trend that is just becoming apparent as Japan and Korea have recently changed their legal educational systems to more closely align with that of the United States and consequently more women than ever before have been passing the bar.

What contributes to this phenomenon? Is it driven by the progress of gender equality in the societies in these countries or is this a mere by-product of other changes in the societies, such as an expansion of general or legal education for women? Is there a cumulative effect of complex societal changes that have taken place? What are the driving forces behind these changes?

With the increase in the number and proportion of women, in what forms does gender disparity still exist in the legal professions in Asia? Do women encounter a “glass ceiling” in prestigious law firms, the judiciary, prosecutors`offices, in-house legal departments of large corporations, law schools, and other institutions? Is there a feminization of the legal profession in Asia resulting in lower salaries and status as more women take their places in the field of law? If such is the case, what are the factors in the society that are hindering the attainment of gender equality in the legal professions?

For countries around the world with relative gender equality in the legal professions, how was this achieved? Are there still any challenges or difficulties faced by women legal professionals as compared with men in the same profession? If such is the case, what are the reasons? What are the challenges and difficulties?

Have there been any influential women in the legal professions despite the existence of gender inequality? What have they achieved? How did they overcome the hurdles they faced?

This session intends to provide an opportunity for scholars and researchers around the world to meet and share their research findings in relation to the issue of gender equality in the legal professions. It aims to broaden and deepen our understanding of this issue in the Asian context.

 

Tuesday, July 15, 2014: 10:30 AM - 12:20 PM

Law, Migration and Unequal World

Session Organizers
Arvind AGRAWAL, Central University of Himachal Pradesh, India, drarvindagrawal@gmail.com
Susana NOVICK, Universidad de Buenos Aires, Argentina, susananovick@yahoo.com.ar

Session in English/Spanish

Focusing on international migration which is being a legal, socio-economic and demographic, the concern of the session is on the forms of inequality through the legal construction of the wage structures between natives and migrants in the destined society and also of the natives and emigrants from the society of origin, labor market opportunities as a livelihood strategy, race, citizenship and naturalization, gender and family access to join the immigrants, residential segregation, access to education besides the politics of governance of immigrants.

Necessary theoretical frameworks of economic, political and social and their interface with critical legal theory highlighting the need for a policy on addressing the forms of inequality arising out of International Migration management are of concern of the session.

 

Wednesday, July 16, 2014: 03:30 PM - 05:20 PM

Legal Professions in Comparative Perspective

Session Organizer
Ole HAMMERSLEV, University of Southern Denmark, Denmark, ohv@sam.sdu.dk

Session in English

The globalization of markets and legal issues has put new demands on the legal professions, created new professional patterns and opened new chances. At one level, legal expertise and legal services become global, at another level transnational legal institutions develop and require new forms of legal expertise, and at a national level populations still need legal services. How does this affect legal professions in terms of gender issues and stratification, and how do legal professions and legal education produce expertise and legal products for the new transnational and international markets?

The session will deal with these emerging questions.

 

Wednesday, July 16, 2014: 10:30 AM - 12:20 PM

Present State of Public Participation in Justice

Session Organizer
Takayuki II, Hirosaki University, Japan, iit@cc.hirosaki-u.ac.jp

Session in English

Jury or lay assessor system has been introduced all over the world after the French Revolution. In recent years, Korea and Japan have implemented a unique consultative jury system and a semi-jury (saiban-in) system respectively. Taiwan`s judicial branch is reported to embark on pilot projects partly influenced by Korean jury. Revival and survival of jury system are hot issues in Russia. China is also trying to reform its mixed tribunals of one judge and two lay assessors, which is a part of the socialist judicial system. In Japan, the Inquests of Prosecution, the members of which are selected from the voters by lot, has got legally binding effects to prosecute and caused sensational indictments.

Why are there discussions and actions on public participation in justice in East Asian and other developing and transition countries even now? This session invites papers which deal with the present state of public participation in justice in various countries and considers this question.

 

Thursday, July 17, 2014: 08:30 AM - 10:20 AM

Prisoners beyond Law and Welfare System

Session Organizer
Yoko HOSOI, Toyo University, Japan, yokoh@toyo.jp

Session in English

This session deals with actualities of prisoner. For example, according to the statistics, the number of older prisoners in Japan and New Zealand is increasing. One of the reasons of the increase is the acceleration for the ageing process among prisoners. It is generally identified an apparent 10 year differential between the overall health of prisoners and that of the general population. It should be clear their life styles and life consciousness prior to entering prison.

Socio-legal papers on prisoner and crime in different countries is highly welcomed to illuminate other aspects beyond existing policies in terms of law and welfare.

 

Tuesday, July 15, 2014: 08:30 AM - 10:20 AM

Prostitution (CSW) and Law

Session Organizer
Rikiya KUBOYAMA, Nagoya University, Japan, rikiya26@hotmail.com

Session in English

Prostitution (being included so called as “CSW”: commercial sex worker) is well-known as a social problem all over the world. But most of them are from the view of human rights nowadays. What is the legal issue in this field? How is the world situation in these days? Should the law control it still now? What is the “living law” in Prostitution?

In this session, we try to describe this issue from the socio-legal perspective. We hope practical, empirical and comparative research of prostitution in different countries and regions will lead to exciting discussions.

 

Monday, July 14, 2014: 7:30 PM - 8:50 PM

RC12 Business Meeting

Session Organizer
Germano SCHWARTZ, University of Lasalle, Brazil, germano.schwartz@globo.com

 

Monday, July 14, 2014: 3:30 PM - 5:20 PM

Social Systems and Legal Systems. Part I

Session Organizer
Germano SCHWARTZ, University of Lasalle, Brazil, germano.schwartz@globo.com

Session in English/French/Spanish

The increase in complexity that the digital society has brought to Law transformed, definitely, its modern bases. The idea of a Nation-State, common in the modern reality of law, is challenged in such a way that legal and social systems now communicate in speeds completely different than before.

Categories such as complexity and risk bring to Law a new way of production and application, based on horizontality, circularity and global constitutionalization. The Law imposed (the State) loses, constantly, its legitimacy. The Law negotiated is even more important. The top down logic is challenged, in the name of an idea of law from the bottom up.

With all this in mind, the present article attempts to materialize these discussions, especially working with the idea that legal systems multiply, recreate and maintain themselves mutually in the global social system.

 

Monday, July 14, 2014: 5:30 PM - 7:20 PM

Social Systems and Legal Systems. Part II

Session Organizer
Germano SCHWARTZ, University of Lasalle, Brazil, germano.schwartz@globo.com

Session in English/French/Spanish

 

Monday, July 14, 2014: 10:30 AM - 12:20 PM

The Role of Law and Legal Services in Disaster Response

Session Organizer
Takayuki II, Hirosaki University, Japan, iit@cc.hirosaki-u.ac.jp

Session in English

A disaster can be seen as an aftermath of natural hazard as compounded by social vulnerability (aging, depopulation as well as shortage of law and lawyers). Disaster response may be partly hindered by an inadequacy in laws and legal services. For example, after the East Japan Great Earthquake and Tsunami 2011 (EJGET), the restoration process seems to have been hindered by deficiencies in the systems of land registration and estate distribution in succession, and the small number of legal professionals to deal with various issues such as loan problems and compensation for damages caused by the nuclear power plant accident. There must be a room for law and legal services to promote recovery from disasters.

This session considers the role of law and legal services in disaster response all over the world, including those in relation to the EJGET.

 

Thursday, July 17, 2014: 10:30 AM - 12:20 PM

The Value of Classic Japanese Theories of Sociology in the Age of Global Legalization

Session Organizer
Kota FUKUI, Osaka University, Japan, ktfukui@law.osaka-u.ac.jp

Session in English

The current structure of law is becoming complex and hybrid on the global level. As a result of this, the trend of Japanese theories of sociology of law is changing from the discussions on modernizing the Japanese law to the theories on transnational law and society. Japanese theories of sociology of law in fact have a long history of discussing the harmonization of laws on the global level. An example was Takeyoshi Kawashima`s theory of sociology of law, which made effort to modernize the law in Japan. He took a serious view of the issues on the harmonization between traditional Japanese/Asian laws and modernized Western laws.

Also the Japanese theories of sociology of law relativize the views on the legal culture between Asian and Western society. An example is Masaji Chiba`s socio-anthropological legal theory. They have a lot of suggestive viewpoints on the current globalized law and society. Of course, the discussions on the polarization between traditional Japanese/Asian and modernized Western law, often shown in the traditional socio-legal theories in Japan, are outdated. But there still are important issues regarding the essence of Japanese theories of sociology of law that should be discussed.

There is a need to revive their visions in the age of globalization. We therefore form this panel to discuss the values of classic Japanese theories of sociology of law from the point of view of global legalization.

 

Top     

isa logo
International Sociological Association
March 2014