Reza Banakar

Reza Banakar
University of Westminster · Department of Advanced Legal Studies

http://www.westminster.ac.uk/

About

30
Publications
69,594
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238
Citations
Citations since 2016
0 Research Items
153 Citations
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Introduction
Reza Banakar holds the Chair in Socio-Legal Studies, teaches comparative law, philosophy of law and research methods within the Law School’s LLM programme, and supervises a number of PhD students. For further details visit: http://westminster.academia.edu/RezaBanakar/About
Additional affiliations
July 2012 - present
University of Westminster
Position
  • Iranian Legal Culture
Description
  • This study will explore driving habits as a social activity, with legal and cultural dimensions reflective of how a group of people interact with each other at the micro level and with society at large to create a form of social order.
September 1997 - January 2003
University of Oxford
Description
  • Paul Dodyk Research Fellow
September 1996 - August 1997
Lund University
Position
  • Law and Globalisation
Description
  • Globalisation of Law and the Development of Swedish Legal Culture funded by the Swedish Research Council (FRN) for a three-year period, i.e. for 1996-1999. (394,000 SKr)

Publications

Publications (30)
Chapter
The focus of this chapter is on Franz Kafka’s office writings and the images of law and legality in his fiction. Notwithstanding the fact that Kafka lived during early modernity (1883–1924), his writings highlight the role of uncertainty, insecurity, transience and the unknowable. His contemporaries included Hans Kelsen, who during the same period...
Chapter
This chapter originally grew out of reflections on the applicability of socio-legal theory to the study of non-Western societies and jurisdictions. Are theories and assumptions which were initially developed as part of studies of law in Western societies applicable to the study of non-Western law and legality in non-Western legal cultures? Legal so...
Chapter
This chapter continues to explore the relationship between law, culture and forms of power, but it will do so through the methodological lenses of comparative law and by developing the idea of contextualisation, which was discussed in Chap. 5. It will demonstrate that forms of contextualisation are also deployed widely within comparative law as par...
Chapter
This chapter demonstrates a shift from traditional forms of social control and regulation, which aim at ensuring security, to risk management strategies of late modernity, which aim at pre-empting threats and insecurities. To exemplify this move, the chapter will explore the effects of the UK’s anti-terrorism policy and legislation on the socio-pol...
Chapter
This chapter presents the diverse approaches among sociological studies of law by distinguishing between the “sociology of law,” “Law and Society,” “sociological jurisprudence” and “socio-legal studies.” It then contrasts the top-down and bottom-up studies of law in society as two basic methodologies which cut across disciplinary divisions within t...
Chapter
The aim of this chapter is twofold. First, it examines the relationship between norms and normativity arguing that normativity is generated by the system as well as the lifeworld, and it is not necessarily reducible to the effects or functions of individual norms. Second, it challenges the assumption that legal sociology should apply itself to the...
Chapter
This introductory chapter begins by outlining the themes which run through the pages of this book before it explains how they are related to each other and why they lead us towards a deeper understanding of socio-legal theory and research. The overarching question guiding this inquiry is how legal sociology can produce an empirically valid and theo...
Chapter
Notwithstanding the kinship between legal and social theory, law and sociology remain two separate disciplines whose encounters are often characterised by rivalry rather than partnership. This chapter explores the roots of this rivalry and separation by describing some of the conflicts and competitions which arise out of—and impede—attempts to inte...
Chapter
We continue our discussions on the relationship between law and social sciences in this chapter by focusing more closely on socio-legal methodology. We use Denis Galligan’s main argument in Law in Modern Society as our starting point. According to Galligan (Law in modern society. Oxford: Oxford University Press, 2006), adopting a social scientific...
Chapter
This chapter sketches two parallel, albeit sociologically interrelated, historical transformations. First, it briefly describes the move from industrialisation, when economies were nationally-based and dependent on manufacturing, to post-industrialisation, in which economies are shaped by the production and consumption of services and information....
Article
The general focus of this paper is on the methodological limitations of the sociology of law in capturing the law’s ‘truth’ as its practitioners experience it. The paper starts with arguing that the law does not have a monolithic ‘truth’. Some aspects of its ‘truth’ are produced through its own recursively sealed operations, while its other aspects...
Article
What happens to law when social institutions which ground its normativity become unstable and transitory? How can regulation make sense when fleetingness and fluidity become the enduring property of social structures? The social consequences of globalisation and the rise of the network society have heightened and expanded human agency’s powers of r...
Article
What do we gain from labeling certain norms of social organization law? This question provides the backdrop against which this chapter will examine the works of Leon Petrażycki and Eugen Ehrlich, two of the founders of legal sociology who devised concepts of law broader than state law. In the course of this examination we shall also assess the rele...
Article
This paper challenges the assumption that legal sociology should apply itself to the external or factual properties of the law and leave the internal and normative aspects of legal phenomena to doctrinal scholars and moral philosophers. It argues that legal sociology explores the normative contexts of the law and other social systems, but being res...
Article
Full-text available
In Law in Modern Society, Denis Galligan argues that adopting a social scientific perspective, which describes and analyses the law in extra-legal terms, can easily entail losing sight of the law as a distinct social formation. To avoid this pitfall, socio-legal research should contextualise those features of the legal system which are relevant to...
Article
Full-text available
Iran has the highest rate of road traffic accidents (RTAs) worldwide. Iranian studies of the growing levels of RTAs are often conducted by medical doctors, who view them in light of the increase in the production and ownership of cars and the changed lifestyle of many Iranians, and discuss them in terms of pathology, morbidity and epidemiology. Thi...
Article
Many of the original sociological premises, concepts and ideas regarding social action, legal change and social reform were initially formulated by studying conditions specific to Western industrial societies. The socio-cultural consequences of globalisation over the last three decades have, however, affected the relationship between state, law and...
Article
We often hear that rights talk pervades politics, law and morality, that rights have never played a more decisive role in the formation of local and global relations, that rights are used more frequently than ever before to debate and resolve social, legal and political disputes, that rights emerge out of attempts to deal with or prevent injustice,...
Article
Are Franz Kafka's representations of law and legality figments of his imagination, or do they go beyond his obsessive probing of his neurosis to reflect issues that also engaged the social and legal theorists of his time? Does Kafka's conception of law offer anything new in respect to law, justice, and bureaucracy that was not explored by his conte...
Article
Full-text available
A recent upsurge in rights talk has left a mark on many areas of law and social policy. Areas such as freedom of expression and hate speech that have traditionally been debated in terms of rights, as well as family law and the welfare of children, human trafficking and prostitution, national security and anti-terrorism legislation, economic policy...
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Full-text available
This review essay draws on a recently edited handbook by Esin Orucu and David Nelken to reflect on the methodological concerns and challenges of comparative law and socio-legal research. It argues that the contextualisation of laws should be regarded as the indispensable methodological characteristic of all comparative studies of law that aspire to...
Article
Full-text available
Law and its countless legal, academic, professional and institutional manifestations, all being intrinsically social, fall within the scope of sociological inquiry. It is, therefore, not surprising if some sociologists and jurists have tried to bring the benefits of sociological ideas to legal thought and practice. Introducing sociological insights...
Article
Full-text available
Sociology and anthropology of law were partly developed from inception to empirically address the complexity of the relationship between law and society. Many of their insights into how law is socially constructed through the interaction between cultural, religious, economic and political factors remain incompatible with the aims and concerns of ma...
Article
The previous chapters highlighted the epistemic tensions between the approaches of traditional legal scholarship and jurisprudence, on the one hand, and sociology and socio-legal research, on the other. They also described some of the sharply defined distinctions made between ‘law in books’ and ‘law in action’, ‘positive law’ and ‘living law’, ‘fac...
Article
This paper explores the effects of anti-terrorism policy and legislation on the Muslim immigrant communities, in general, and British-born Muslims, in particular. R v Malik, in which the Court of Appeal quashed Samina Malik's conviction on terrorism charges, provides our point of entry into the legal discourse on counter-terrorism. Malik's convicti...
Article
Full-text available
Socio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science. The papers in this volume illustrate how a range of topics, including EU law, ombudsman, judges, lawyers, Sh...
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Full-text available
This paper uses two previous studies of unlawful discrimination, which I carried out in Sweden in 1992 and 1996, to develop a more comprehensive sociological method for studying anti-discrimination laws. The initial question asked in these studies concerned the impact of the Swedish Act against Ethnic Discrimination (the AED), i.e. how the legal sy...
Article
The discussions in this chapter should be viewed as a limited contribution to the debate on how to introduce the right to equal treatment through legislation. In the coming pages, I shall use a case study to demonstrate the differences between rights which emerge organically from below and work bottom up and rights which are introduce through polit...
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Full-text available
Résumé Cet article suggère que plusieurs idées de Gurvitch, présentées à l'origine de manière abstraite, ont gardé leur pertinence pour l'analyse socio-juridique. Sous une forme révisée qui permettrait leur application, elles seraient utilisables en recherche empirique. À cette fin, je réinterprète quelques une des principales approches théoriques...

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