Law and Justice around the World: A Comparative Approach

by Mikaila Mariel Lemonik Arthur

Overview

Law and Justice around the World is designed to introduce students to comparative law and justice, including cross-national variations in legal and justice systems as well as global and international justice. The book draws students into critical discussions of justice around the world today by: 

• taking a broad perspective on law and justice rather than limiting its focus to criminal justice systems
• examining topics of global concern, including governance, elections, environmental regulations, migration and refugee status, family law, and others 
• focusing on a diverse set of global examples, from Europe, North America, East Asia, and especially the global south, and comparing the United States law and justice system to these other nations 
• continuing to cover core topics such as crime, law enforcement, criminal courts, and punishment
• including chapter goals to define learning outcomes
• sharing case studies to help students apply concepts to real life issues

Instructor resources include discussion questions; suggested readings, films, and web resources; a test bank; and chapter-by-chapter PowerPoint slides with full-color maps and graphics.

By widening the comparative lens to include nations that are often completely ignored in research and teaching, the book paints a more realistic portrait of the different ways in which countries define and pursue justice in a globalized, interconnected world.
 

Product Details

ISBN-13:	9780520300019
Publisher:	University of California Press
Publication date:	02/25/2020
Edition description:	First Edition
Pages:	368
Product dimensions:	7.50(w) x 9.25(h) x 1.30(d)

About the Author

Mikaila Mariel Lemonik Arthur is Professor of Sociology at Rhode Island College. She is the author of Student Activism and Curricular Change in Higher Education and Social Change, a volume in Student Handbook to Sociology. 

Table of Contents

List of Illustrations and Tables ix

Acknowledgments xi

Preface xiii

1 The Study of Comparative Law and Justice 1

Chapter Goals 1

Why Study Comparative Law and Justice? 2

The Roots of the Field 6

Legal Culture versus Legal Structure 9

A Quick Introduction to Legal Systems 11

Case Study 1.1: An International Child Custody Dispute 13

Conclusion 15

2 World Legal Systems 16

Chapter Goals 16

The Rule of Law 17

Defining Legal Systems 19

Common Law 20

Case Study 2.1: Cannibalism and Common Law 23

Civil Law 24

Theocratic Law 26

Authoritarian Law 28

Traditional Law 29

Other Legal Systems 31

Change and Continuity 32

Case Study 2.2: The Aztec Legal System 33

Conclusion 36

3 The Organization of State Power 38

Chapter Goals 38

What Is a State? 39

Types of Government 42

Case Study 3.1: Indigenous Sovereignty 44

Branches of Government 47

Voting and Elections 50

Who Votes? 56

Who Runs? 62

Conclusion 63

4 Crime and the Global World 65

Chapter Goals 65

Why Do Crime Rates Vary? 66

Cultural Explanations for Crime 67

The Impact of Economic and Social Factors on Crime 67

Crime and the Legal System 69

How Do We Measure Crime? 70

How Do Crime Rates Vary? 74

Criminalization 75

Decriminalization 78

Case Study 4.1: The Portuguese Drug Strategy 79

Cross-Border Crime 81

International Crime 81

Transnational Crime 82

Terrorism 88

Conclusion 89

5 Law Enforcement 91

Chapter Goals 91

The History of Law Enforcement 92

Defining Modern Policing 93

Cross-National Variations in Policing Practices 100

Organizational Structures 101

Policing Styles 105

Police-Military Relations 111

International Police Cooperation 115

Case Study 5.1: Tracking the Pink Panthers 117

Conclusion 119

6 Resolving Disputes 121

Chapter Goals 121

Dispute Resolution in Historical Perspective 123

Types of Disputes, Types of Law 126

Contemporary Dispute Resolution Systems 128

Dispute Resolution in Common Law 128

Dispute Resolution in Civil Law 133

Dispute Resolution in Theocratic Law 137

Traditional Dispute Resolution Practices 139

Case Study 6.1: Traditional Courts in South Africa 140

Dispute Resolution under Authoritarianism 142

Criminal Procedure in Comparative Perspective 143

Fairness and Impartiality 143

The Presumption of Innocence 143

Evidentiary Rules 144

Confessions and Self-Incrimination 145

The Right to Counsel 146

Other Factors 148

Case Study 6.2: The Trials of Amanda Knox 149

Conclusion 151

7 Punishment and Social Control 155

Chapter Goals 155

Why Do Societies Punish? 156

Deterrence and Crime Control 157

Revenge and Retribution 159

Rehabilitation 160

Reconciliation 162

Case Study 7.1: Transitional Justice in Rwanda 163

How Has Punishment Changed over Time? 166

What Types of Punishment Do Societies Use? 169

Prisons 169

Control-in-Freedom 172

Case Study 7.2: Prisons and Punishment in Norway 173

Financial and Other Sanctions 176

Corporal Punishment 177

Capital Punishment 179

What Factors Shape National Differences in Punishment Practices? 182

Conclusion 186

8 Family Law 188

Chapter Goals 188

What Is a Family? 190

Forming a Family 191

Marriage and Union Formation 192

The Legal Status of Children 199

Case Study 8.1: Marriage, Children, and Surnames 200

Regulating Reproduction 203

Ending Family Relationships 207

Ending Unions 207

Child Custody and Parental Rights 211

Conclusion 213

9 Legal Rights 217

Chapter Goals 217

What Are Legal Rights? 219

The Most Severe Violations 220

Legal Rights: A Tour 221

The Right to Privacy 221

The Right to Expression 226

The Right to Conscience 229

Case Study 9.1: Intellectual and ACADEMIC Freedom in Qatar 233

The Right to Subsistence 235

Law and Equality 240

Conclusion 243

10 Global Justice 245

Chapter Goals 245

What Is International Law? 246

How Is International Law Enforced? 247

Institutions of Global Justice 248

The International Criminal Court 249

The United Nations and the international Court of Justice 252

Citizenship and Statelessness 254

Case Study 10.1: Chevron in Ecuador 255

Conclusion 264

11 Law and Culture 267

Chapter Goals 267

The Concept of Legal Culture 268

Cultural Universalism, Cultural Relativism, and Cultural Pluralism 272

Conflicts in Law and Culture 275

The Cultural Defense to Crime 279

Legal Cultures of Childhood 287

Case Study 11.1: Child Soldiers 288

Conclusion 293

12 Considering Comparative Law and Justice 296

Chapter Goats 296

Why Compare? 298

The Future of Law 301

Case Study 12.1: Regulating the Environment 305

Conclusion 310

Glossary 313

Works Cited 321

Index 343

Editorial Reviews

" . . . an excellent addition to the textbooks of comparative justice education. . . . Arthur’s book can be great learning material for those who are not only interested in legal comparison but also interested in their historical, theoretical, political, and sociological roots. Other than students of criminal justice, the book can also be a great fit for students of pre-law, political sciences, international business, and sociology."

Journal of Criminal Justice Education