In a society of strangers, there develops what can be called crimes of mobility -- forms of criminality rare in traditional societies: bigamy, the confidence game, and blackmail, for example. What they have in common is a kind of fraudulent role-playing, which the new society makes possible.
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Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the 21st century. In addition to looking closely at timely issues like race relations, the text covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education.
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"The book concerns a fundamental question in the study of the relationship between law and society: under what conditions does a law, rule, decision, or doctrine actually make a difference in the behavior of those who are subject to this aspect of the legal system. There is a large body of scholarship which, in one sense or another, deals with this issue. The two main sources of scholarship on impact are, first, studies in criminal justice; and second, studies of business regulation. The goal of the book is bring some conceptual clarity to an awkward, unwieldy, and unruly subject. In any discussion of impact, one has to begin with the issue of communication; a rule or law that never reaches its audience, or which is vague, or difficult to understand, will have no impact. The book discusses some of the factors that influence the process of communication. But once a rule is communicated, what happens then? Sometimes the subjects comply; sometimes they fail to comply; sometimes they adjust or evade. There are three clusters of motives that affect the reaction of subject: first, deterrence (rewards and punishments); second, peer group influence; and third, issues of conscience, legitimacy, and morality. When all of these move in the same direction, the effect is quite powerful; if they conflict, it is impossible to predict which will prevail"--
Modern technology has radically and irretrievably altered our sense of identity and hence our social, political, and legal life, argues Lawrence M. Friedman in this bold new book. In traditional societies, he explains, relationships and identities were strongly vertical: there was a clear line of authority from top to bottom, and identity was fixed by one's birth or social position. But in modern society, identity and authority have become much more horizontal: people feel freer to choose who they are and to form relationships on a plane of equality.Friedman examines how modern life centers on human identity seen in terms of race, gender, ethnicity, and religion, and how this new way of defining oneself affects politics, social structure, and the law. Our horizontal society, he says, is the product of the mass media-in particular, television-which break down the isolation of traditional life and allow individuals to connect with like-minded others across barriers of space and time. As horizontal groups blossom, loyalties and allegiances to smaller groups fragment what seemed to be the unity of the larger nation. In addition, the media's ability to spread a global mass culture causes a breakdown of cultural isolation that leads to more immigration and heavy pressure on the laws and institutions of citizenship and immigration
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This book argues that modern technology has radically and irretrievably altered our sense of identity and hence our social, political, and legal life. In traditional societies, relationships and identities were strongly vertical: there was a clear line of authority from top to bottom, and identity was fixed by one's birth or social position. But in modern society, identity and authority have become much more horizontal: people feel freer to choose who they are and to form relationships on a plane of equality. The author examines how modern life centers on human identity seen in terms of race, gender, ethnicity, and religion, and how this new way of defining oneself affects politics, social structure, and the law. He claims that our horizontal society is the product of the mass media -- in particular, television -- which break down the isolation of traditional life and allow individuals to connect with like-minded others across barriers of space and time. As horizontal groups blossom, loyalties and allegiances to smaller groups fragment what seemed to be the unity of the larger nation. In addition, the media's ability to spread a global mass culture causes a breakdown of cultural isolation that leads to more immigration and heavy pressure on the laws and institutions of citizenship and immigration.