European legal cultures in transition / Åse B. Grødeland and William L. Miller.
2015
KJC147 .G725 2015 (Map It)
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Details
Author
Title
European legal cultures in transition / Åse B. Grødeland and William L. Miller.
Published
Cambridge, United Kingdom : Cambridge University Press, 2015.
Copyright
©2015
Call Number
KJC147 .G725 2015
ISBN
9781107050358 hardcover
1107050359 hardcover
1107050359 hardcover
Description
xxi, 566 pages : illustrations ; 24 cm
System Control No.
(OCoLC)905699724
Summary
"Are national legal cultures in Europe converging or diverging as a result of the pressures of European legal integration? Åse B. Grødeland and and William L. Miller address this question by exploring the attitudes and perceptions of the general public and law professionals in five European countries: England, Norway, Bulgaria, Poland and the Ukraine. Presenting new findings, they challenge the established view that ordinary citizens and people working professionally with the law have different legal cultures. Their research in fact reveals that the attitudes of citizens in Eastern and Western Europe towards 'law-in-principle' are remarkably similar, whereas perceptions of 'law-in-practice' differ by country and often correlate with GDP per capita and country ranking in rule of law indices. Grødeland and Miller's innovative methodological approach will appeal to both experts and non-experts with an interest in legal culture, European integration, or European elite and public opinion"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 516-540) and index.
Record Appears in
Added Author
Table of Contents
List of tables
x
Preface
xvii
List of abbreviations
xx
1.
One European legal culture or several?
1
Introduction: European legal integration
1
Legal culture
2
Legal transfers and legal culture: convergence versus divergence
5
Methodological approach
8
Western versus Eastern Europe
9
Legal outsiders versus legal insiders
15
Measuring legal culture
17
Thick descriptions of legal culture
18
Dimensions of legal culture
21
Data collection: FGs, quantitative surveys, IDIs
23
Presentation of data
26
Plan of the book
27
2.
Concept or meaning of law
30
Introduction: law and everyday life
30
Legal outsiders' perspectives on law
31
Images of law
31
Good versus bad law: helpful? fair? complex? Moral values or state power?
34
preferred basis of law
39
Stricter law?
44
Perceptions of change
46
Legal insiders' perspectives on law
51
preferred basis of law
51
Perceptions of change
64
Assessment of changes
64
Causes of change
72
Conclusions
81
3.
Law in principle
83
Introduction: the role of law
83
role of law: the legal outsiders' perspective
84
Public ideals and attitudes towards law in principle
85
Reflect or reform?
95
Stepping outside the law?
99
role of law: the legal insiders' perspective
101
Reflect or reform?
102
Flexibility or rigidity?
108
Stepping outside the law?
117
Conclusions
123
4.
Law in action
125
Introduction: "exit", "voice", "loyalty"
125
Law in practice: the legal outsiders' perspective
126
General perceptions of law in action
126
Reasons for turning/not turning to court
132
"Exit", "voice", "loyalty"
135
Law in action: the legal insiders' perspective
145
"Exit", "voice", "loyalty"
145
Responding to laws that are contrary to one's religion
175
Conclusions
182
5.
Perceptions of legal outsiders
184
Introduction: reasons for obeying or breaking the law
184
Legal outsiders' perspectives on legal outsiders (like themselves)
185
Trustworthy and law-abiding?
185
Legal insiders' perspectives on legal outsiders
201
Law-abidingness: past and present
202
Law-abidingness at present: the majority population
211
Law-abidingness at present: the ethnic and religious minorities
219
Excuses for breaking the law?
228
Conclusions
235
6.
Perceptions of legal insiders
237
Introduction: the people making, implementing and applying the law
237
Legal outsiders' perspectives on legal insiders
238
Government officials
238
Lawyers
238
Judges, prosecutors, juries and lay judges
241
police
246
lawmakers: government and Parliament
251
In summary, positive public perceptions of legal insiders
255
Legal insiders' perspectives on how the public view their profession
258
elected representatives
259
government officials
263
legal professionals
268
lawyers
269
judges
273
prosecutors
279
police
283
Legal insiders' perspectives on legal insiders (like themselves)
285
legal professionals
286
lawyers
286
judges
291
police
298
Conclusions
312
7.
Legal change and legal transfers
315
Introduction: legal integration
315
Legal transfers
316
External influences on the law and legal system: the legal outsiders' perspective
319
potential for external learning: the legal insiders' perspective
328
External influences on the law and legal system: the legal insiders' perspective
340
European legal integration? The legal insiders' perspective
355
Looking to the future
365
Conclusions
375
8.
Muslims and Euro-migrants as carriers of legal culture
378
Introduction: carriers of legal culture
378
`Adaptive' legal cultures
379
Minorities and Euro-migrants: long-term and short-term adaptation
383
Long-term adaptation: Muslim minorities
385
Short-term adaptation: Euro-migrants
393
Conclusions -- culture, context and behaviour: the legal outsiders' perspective
402
9.
Balancing civil rights against a `war on terror'
404
Introduction: the `war on terror'
404
Perceptions of terrorism: the legal outsiders' perspective
413
FG discussions
413
Quantitative surveys: general public and Muslims
416
Paying the price: combating terrorism versus rights and freedoms
417
Staying within the law -- or stepping outside
419
Reacting to international pressure
421
Risk assessment
423
impact of risk assessment on the general public
425
impact of risk assessment on "paying the price" to combat terrorism
425
impact of risk assessment on respecting, changing or disregarding the law
426
Comparing the impact of risk and religion
426
impact of risk and religion on prioritising "individual freedom"
430
impact of risk and religion on prioritising "the rights of individuals and minorities"
431
Perceptions of the `war on terror': the legal insiders' perspective
432
External pressure and the `war on terror'
440
Protecting civil rights versus combating terrorism
444
Perceptions of how to fight terrorism
447
Conclusions
451
10.
role of religiosity in European popular legal cultures
454
Introduction
454
impact of religiosity on European legal cultures
454
Religiosity
456
impact of religiosity on attitudes towards law
458
weaker second decile: religiosity and `secular authoritarianism'
460
stronger first decile: religiosity and specifically religious attitudes to law
462
Conflicting authoritarianisms: church versus state
475
Conclusions
498
11.
European legal culture?
503
Introduction: common Europe
503
Western versus Eastern Europe
503
Legal outsiders versus legal insiders
506
Legal transfers and European integration
507
Conclusions: looking to the future
509
Appendix: data collection
512
Bibliography
516
Index
541