Fluidity in Law: Prospects and Retrospects

ISBN-13: 9783031453700 / Angielski

Anne Wagner; Sarah Marusek

Spis treści

Introduction.- Part I. Theoretical Perspectives over the Fluidity of Law.- Part II. Legal and Socio-Cultural Territories of the Fluidity of Law - Legal Case Analyses.

O autorze

Anne Wagner (Ph.D. and Habilitation à Diriger des Recherches in Private Law) is Research Associate Professor at Lille University, ULR 4487-CRDP-Centre de Recherche Droits et Perspectives du Droit (France). Her main research lies in visual jurisprudence, legal semiotics, visual studies, language and law, legal culture and heritage, legal translation, legal terminology, law and the Humanities, and legal discourse studies. She is a recipient of the National Research Award (Rank A) for her research career. She is the Editor-in-Chief of the International Journal for the Semiotics of Law (Springer), President of the International Roundtables for the Semiotics of Law, Series Co-Editor of Law, Language and Communication (Routledge), Series Co-Editor of Gender, Justice and Legal Feminism (Springer), and Series Co-Editor of Law and Visual Jurisprudence (Springer). She was invited as Visiting Research Fellow at Queensland University of Technology (Brisbane, Australia), Örebro Universitet (Örebro, Sweden), Università Degli Stidu Roma Tre (Rome, Italy), University of Tartu, department of Semiotics (Estonia), China University of Political Science and Law (Beijing, China), Zhejiang University (Hangzhou, China), Shanghai Jiao Tong University (Shanghai, China), Zhejiang Police College (Hangzhou, China), City University of Hong Kong. She delivered lectures in Italy, Sweden, Poland, Hungary, Germany, Spain, Finland, UK, Portugal, Estonia, China, Hong Kong, Brazil, Israel, Australia, and USA. She is the author of La Langue de la Common Law (L’Harmattan 2002).  She co-edited many reference books, including Prospects of Legal Semiotics (Springer 2010); Law, Culture and Visual Studies (Springer 2013); The Ashgate Handbook on Legal Translation (Ashgate 2014); Flags, Identity, Memory: Critiquing the Narrative Through Color (2022, Springer, Winner of the 2021 Gherardi Davis Prize of the Flag Research Center); the Research Handbook on Jurilinguistics (Edward Elgar Publishing 2023); and the Research Handbook on Legal Semiotics (Edward Elgar Publishing 2023). ORCID: 0000-0001-6362-9023.

Sarah Marusek (PhD, UMass Amherst, Political Science 2008) is Professor of Public Law at the University of Hawai‘i Hilo (USA). Her research interests in jurisprudence focus on exploring how law works in everyday life. She has published widely in the areas of legal semiotics, legal geography, everyday jurisprudence, constitutive legal theory, and law and society.  She is the Associate Editor for the International Journal for the Semiotics of Law and Series Co-Editor of Law and Visual Jurisprudence (Springer). She has been invited as Visiting Fellow at Queensland University of Technology (Brisbane, Australia), Örebro Universitet (Örebro, Sweden), Università Degli Stidu Roma Tre (Rome, Italy), Australian National University (Canberra, Australia), and Five College Women’s Studies Research Center at Mount Holyoke College (South Hadley, MA). She has delivered lectures in Italy, Australia, Sweden, France, Canada, and throughout the United States. She has written several books, including Law, Space, and the Vehicular Environment: Pavement and Asphalt (Routledge 2023); Law and the Kinetic Environment: Regulating Dynamic Landscapes (Routledge 2021); and Politics of Parking: Rights, Identity, and Property (Ashgate 2012).  She has co-edited several volumes, including Synesthetic Legalities: Sensory Dimensions of Law and Jurisprudence (Routledge 2016); Street-Level Sovereignty: The Intersection of Space and Law (Lexington, 2017); Digesting the Public Sphere (Routledge 2017); Sensing the Nation's Law: Historical Inquiries into the Aesthetics of Democratic Legitimacy (Springer 2018); Flags, Color, and the Legal Narrative: Public Memory, Identity, and Critique (Springer 2021; Winner of the 2021 Gherardi Davis Prize of The Flag Research Center); and the Research Handbook of Legal Semiotics (Edward Elgar 2023). She is the 2011 Recipient of the University of Hawai‘i Frances Davis Award for Excellence in Undergraduate Teaching. ORCID : 0000-0002-7589-9503.

Blurb

This book explores the unique nature of the fluidity of law in the continual evolution of society and the development of laws to respond to new life situations. While the fluidity of law frequently fluctuates from one moment to the next, this flexibility enables law to meet and adapt to new standards. Rather, law as a living entity is under constant strain and needs to be firmly grounded in the past as it subsequently adjusts or even swings in new directions to accommodate new possibilities. Its theoretical perspectives, including philosophical and sociological theories, are necessarily situated in relation to this tension-filled system. This book first explores the socio-cultural and legal portrayals of the fluidity of law, then provides legal case studies of this tension-filled system on localized as well as comparative scales. More generally, the book explores legal, social, and cultural avenues to help this system claims its unique identity; i.e., the fluidity of law.