Cambridge Studies in Law and Society – serie
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272 produkter
272 produkter
The Politics of Truth and Reconciliation in South Africa
Legitimizing the Post-Apartheid State
Häftad, Engelska, 2001
508 kr
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The South African Truth and Reconciliation Commission (TRC) was set up to deal with the human rights violations of apartheid during the years 1960-1994. However, as Wilson shows, the TRC's restorative justice approach to healing the nation did not always serve the needs of communities at a local level. Based on extended anthropological fieldwork, this book illustrates the impact of the TRC in urban African communities in Johannesburg. While a religious constituency largely embraced the commission's religious-redemptive language of reconciliation, Wilson argues that the TRC had little effect on popular ideas of justice as retribution. This provocative study deepens our understanding of post-apartheid South Africa and the use of human rights discourse. It ends on a call for more cautious and realistic expectations about what human rights institutions can achieve in democratizing countries.
649 kr
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Existing approaches to the relation of law and society have for a long time seen law as either autonomous or grounded in society. Drawing on untapped resources in social theory, Fitzpatrick finds law pivotally placed in and beyond modernity. Being itself of the modern, law takes impetus and identity from modern society and, through incorporating 'pre-modern' elements of savagery and the sacred, it comes to constitute that very society. When placing law in such a crucial position for modernity, Fitzpatrick ranges widely from the colonizations of the Americas, through the thought of the European Enlightenment, and engages finally with contemporary arrogations of the 'global'. By extending his previous work on the origins of modernity, this book makes a significant contribution to continuing developments in law and society, legal philosophy, and jurisprudence.
A Sociology of Constitutions
Constitutions and State Legitimacy in Historical-Sociological Perspective
Inbunden, Engelska, 2011
1 657 kr
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Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.
Law and Society in Vietnam
The Transition from Socialism in Comparative Perspective
Häftad, Engelska, 2010
448 kr
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This book is a unique analysis of the struggle to build a rule of law in one of the world's most dynamic and vibrant nations - a socialist state that is seeking to build a market economy while struggling to pursue an ethos of social equality and opportunity. It addresses constitutional change, the assertion of constitutional claims by citizens, the formation of a strong civil society and non-profit sector, the emergence of economic law and the battles over who is benefited by the economic regulation, labor law and the protection of migrant and export labor, the rise of lawyers and public interest law, and other key topics. Alongside other countries, comparisons are made to parallel developments in another transforming socialist state, the People's Republic of China.
The Gacaca Courts, Post-Genocide Justice and Reconciliation in Rwanda
Justice without Lawyers
Inbunden, Engelska, 2010
946 kr
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Since 2001, the Gacaca community courts have been the centrepiece of Rwanda's justice and reconciliation programme. Nearly every adult Rwandan has participated in the trials, principally by providing eyewitness testimony concerning genocide crimes. Lawyers are banned from any official involvement, an issue that has generated sustained criticism from human rights organisations and international scepticism regarding Gacaca's efficacy. Drawing on more than six years of fieldwork in Rwanda and nearly five hundred interviews with participants in trials, this in-depth ethnographic investigation of a complex transitional justice institution explores the ways in which Rwandans interpret Gacaca. Its conclusions provide indispensable insight into post-genocide justice and reconciliation, as well as the population's views on the future of Rwanda itself.
Law, Society, and History
Themes in the Legal Sociology and Legal History of Lawrence M. Friedman
Inbunden, Engelska, 2011
994 kr
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This book assembles essays on legal sociology and legal history by an international group of distinguished scholars. All of them have been influenced by the eminent and prolific legal historian, legal sociologist and scholar of comparative law, Lawrence M. Friedman. Not just a Festschrift of essays by colleagues and disciples, this volume presents a sustained examination and application of Friedman's ideas and methods. Together, the essays in this volume show the powerful ripple effects of Friedman's work on American and comparative legal sociology, American and comparative legal history and the general sociology of law and legal change.
1 319 kr
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This innovative volume explores a fundamental issue in the field of sentencing: the factors which make a sentence more or less severe. All sentencing systems allow courts discretion to consider mitigating and aggravating factors, and many legislatures have placed a number of such factors on a statutory footing. Yet many questions remain regarding the theory and practice of mitigation and aggravation. Drawing on legal and sociological perspectives and examining mitigation and aggravation in various jurisdictions, the essays provide practical illustrations of specific factors as well as theoretical justifications. After the foreword by Andrew von Hirsch, a number of contributors address broad conceptual issues raised at sentencing. These contributions are followed by several empirical chapters including an exploration of personal mitigation in English courts. The authors are leading scholars from a range of common law jurisdictions including England and Wales, the United States, Canada, Australia, New Zealand and South Africa.
838 kr
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In 2004, the State Department gathered more than a thousand interviews from refugees in Chad that verified Colin Powell's UN and congressional testimonies about the Darfur genocide. The survey cost nearly a million dollars to conduct and yet it languished in the archives as the killing continued, claiming hundreds of thousands of murder and rape victims and restricting several million survivors to camps. This book fully examines that survey and its heartbreaking accounts. It documents the Sudanese government's enlistment of Arab Janjaweed militias in destroying black African communities. The central questions are: why is the United States so ambivalent to genocide? Why do so many scholars deemphasize racial aspects of genocide? How can the science of criminology advance understanding and protection against genocide? This book gives a vivid firsthand account and voice to the survivors of genocide in Darfur.
Law, Anthropology, and the Constitution of the Social
Making Persons and Things
Häftad, Engelska, 2004
592 kr
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This collection of interdisciplinary essays explores how persons and things - the central elements of the social - are fabricated by legal rituals and institutions. The contributors, legal and anthropological theorists alike, focus on a set of specific institutional and ethnographic contexts, and some unexpected and thought-provoking analogies emerge from this intellectual encounter between law and anthropology. For example, contemporary anxieties about the legal status of the biotechnological body seem to resonate with the questions addressed by ancient Roman law in its treatment of dead bodies. The analogy between copyright and the transmission of intangible designs in Melanesia suddenly makes western images of authorship seem quite unfamiliar. A comparison between law and laboratory science presents the production of legal artefacts in new light. These studies are of particular relevance at a time when law, faced with the inventiveness of biotechnology, finds it increasingly difficult to draw the line between persons and things.
Social Citizenship and Workfare in the United States and Western Europe
The Paradox of Inclusion
Häftad, Engelska, 2004
621 kr
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This book compares workfare policies in the United States and 'active labor policies' in Western Europe that are aimed primarily at the long-term unemployed, unemployed youth, lone parents, immigrants and other vulnerable groups often referred to collectively as the 'socially excluded'. The Europeans maintain that workfare is the best method of bringing the socially excluded back into mainstream society. Although there are differences in terms of ideology and practice, Joel F. Handler argues that there are also significant similarities, especially field-level practices that serve to exclude those who are the least employable or lack other qualifications that agencies favor. The author also examines strategies for reform, including protective labor legislation, the Open Method of Coordination, the reform of social and employment services, and concludes with an argument for a basic income guarantee, which would not only alleviate poverty but also provide clients with an exit option.
Judicial Review and Bureaucratic Impact
International and Interdisciplinary Perspectives
Häftad, Engelska, 2004
513 kr
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How effective are the courts in controlling bureaucracies? What impact does judicial review have on the agencies which are targeted by its rulings? For the first time, this book brings together the insights of two intellectual disciplines which have hitherto explored these questions separately: political science and law/socio-legal studies. Leading international scholars from both fields present new research which focuses on the relationship between judicial review and bureaucratic behaviour. Individual contributors discuss fundamental conceptual and methodological issues, in addition to presenting a number of empirical case studies from various parts of the world: the United States, Canada, Australia, Israel, and the United Kingdom. This volume constitutes a landmark text offering an international, interdisciplinary and empirical perspective on judicial review's impact on bureaucracies. It will significantly advance the research agenda concerning judicial review and its relationship to social change.
488 kr
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This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.
681 kr
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Spain and Italy have recently become countries of large-scale immigration. This provocative book explores immigration law and the immigrant experience in these southern European nations, and exposes the tension between the temporary and contingent legal status of most immigrants, and the government emphasis on integration. This book reveals that while law and the rhetoric of policymakers stress the urgency of integration, not only are they failing in that effort, but law itself plays a role in that failure. In addressing this paradox, the author combines theoretical insights and extensive data from myriad sources collected over more than a decade to demonstrate the connections among immigrants' role as cheap labor - carefully inscribed in law - and their social exclusion, criminalization, and racialization. Extrapolating from this economics of alterité, this book engages more general questions of citizenship, belonging, race and community in this global era.
561 kr
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There is an ongoing perception that public accountability in modern-day governance is in 'crisis', caused by globalization and the increasing power of private economic interests. This book responds to that idea, providing the most comprehensive survey to date of how different organizations hold persons acting in the public interest to account, and the various problems they face. The book shows how key issues, such as public-mindedness, democracy and responsibility, and structures, such as bureaucracy, markets and transparency, adopt radically different and sometimes contradictory interpretations when viewed from different experiential perspectives. It also demonstrates how underlying all this are core communities of experiences that bind these diverse interpretations and perspectives into a complex web of mutual interaction and influence. The book includes studies not only of Anglo-American experiences, but also of the experiences of foreign and transnational organizations: NGOs, transnational resistance movements, the Indonesian labor movement, and the Chinese Parliament.
1 271 kr
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While associated with comfort and pleasure, alcohol has been and is a 'problem' substance, both for medical and political authorities and for many drinkers. In this broad-ranging and innovative historical-sociological investigation, Valverde explores the ways in which both authorities and individual consumers have defined and managed the pleasures and dangers of alcoholic beverages. The author explores the question of free will versus determinism and how it has been challenged by ideas about addiction, morality and psychology during the last 150 years. The book draws on sources from the US, UK, Canada and elsewhere, and covers topics including nineteenth century 'dipsomania', the history of inebriate homes, Alcoholics Anonymous, fetal alcohol education and liquor control. It will appeal to readers in legal studies, criminology, sociology, psychology, social theory and the history of medicine.
526 kr
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Anthony Woodiwiss's pathbreaking book was the first substantive contribution to a sociology of human rights. In it, he takes up the question of whether so-called Asian values are compatible with human rights discourse and argues against human rights issues being the major obstacle to East-West co-operation. Dr Woodiwiss's sociological and post-structuralist approach to the concept of rights, and his incorporation of the transnational dimension into sociological theory, enable him to demonstrate how the global human rights regime can accommodate Asian patriarchalism, while Pacific Asia is itself adapting by means of what he calls 'enforceable benevolence'. His studies of Hong Kong, the Philippines, Malaysia, and Singapore highlight similarities between Pacific-Asian and Western societies and offer a positive view of the social forces obtaining in these territories.
1 308 kr
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Treating law as an essential cultural component in a nation-building project, this book offers a socio-historical analysis of a community-based system of justice under colonial rule. It traces the attempts of Jewish jurists-nationalists to establish a non-religious system of Hebrew Courts in British-ruled Palestine. This book analyzes the secular, national and anti-colonial ideology of the Hebrew Law of Peace and shows that Jewish religious groups, secular lawyers and leading Zionist institutions undermined the Hebrew Law project. The book develops the concept of 'dual colonialism' to analyze the complex relations between Jewish settlers and British colonizers, and explores the reluctance of leading Zionists to allow a process of nation-building from below that would have allowed communities, rather than organized quasi-state institutions, to define the trajectory of Jewish nationalism.
1 292 kr
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While joblessness is by no means a phenomenon specific to this century, the concept of 'unemployment' is. This book follows the invention and transformation of unemployment, understood as a historically specific site of regulation. Taking key aspects of the history of unemployment in Britain as its focus, it argues that the ways in which authorities have defined and sought to manage the jobless have been remarkably varied. In tracing some of the different constructions of unemployment over the last 100 years - as a problem of 'character', as a social 'risk', or today, as a problem of 'skills' - the study highlights the discursive dimension of social and economic policy problems. The book examines such institutionalized practices as the labour bureau, unemployment insurance, and the 'New Deal' as 'technologies' of power. The result is a challenge to our thinking about welfare states.
537 kr
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While associated with comfort and pleasure, alcohol has been and is a 'problem' substance, both for medical and political authorities and for many drinkers. In this broad-ranging and innovative historical-sociological investigation, Valverde explores the ways in which both authorities and individual consumers have defined and managed the pleasures and dangers of alcoholic beverages. The author explores the question of free will versus determinism and how it has been challenged by ideas about addiction, morality and psychology during the last 150 years. The book draws on sources from the US, UK, Canada and elsewhere, and covers topics including nineteenth century 'dipsomania', the history of inebriate homes, Alcoholics Anonymous, fetal alcohol education and liquor control. It will appeal to readers in legal studies, criminology, sociology, psychology, social theory and the history of medicine.
591 kr
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This evocative and broad-ranging book traces the history of moral regulation in Britain and the US from the late seventeenth century to the present day. Specific coverage is given to movements such as the Society for the Reformation of Manners and the Vice Society, the sexual abuse and anti-pornography movements, and contemporary self-help movements. Hunt argues that the main impetus for moral regulations often stems from the middle classes, rather than those with institutional power, but most significantly they provide classic instances of the intimate link between the 'governance of others' and the 'governance of the self'. Using the work of Foucault, this book analyses how projects of self-regulation can manifest themselves into the regulation of others. Concurrent with this is the rise of health discourses, which play a central role in contemporary discussions of moral governance.
387 kr
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Countries undergoing or recovering from conflict and authoritarianism often face profound rule of law challenges. The law on the statute books may be repressive, judicial independence may be compromised, and criminal justice agencies may be captured by powerful interests. How do lawyers working within such settings imagine the law? How do they understand their ethical obligations towards their clients and the rule of law? What factors motivate them to use their legal practice and social capital to challenge repressive power? What challenges and risks can they face if they do so? And when do lawyers facilitate or acquiesce to illegality and injustice? Drawing on over 130 interviews from Cambodia, Chile, Israel, Palestine, South Africa, and Tunisia, this book explores the extent to which theoretical understandings within law and society research on the motivations, strategies, tactics, and experiences of lawyers within democratic states apply to these more challenging environments.
597 kr
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Human rights are now the dominant approach to social justice globally. But how do human rights work? What do they do? Drawing on anthropological studies of human rights work from around the world, this book examines human rights in practice. It shows how groups and organizations mobilize human rights language in a variety of local settings, often differently from those imagined by human rights law itself. The case studies reveal the contradictions and ambiguities of human rights approaches to various forms of violence. They show that this openness is not a failure of universal human rights as a coherent legal or ethical framework but an essential element in the development of living and organic ideas of human rights in context. Studying human rights in practice means examining the channels of communication and institutional structures that mediate between global ideas and local situations. Suitable for use on inter-disciplinary courses globally.
526 kr
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As the Oslo Peace Process has given way to the violence of the second intifada, this book explores the continuing legacy of Oslo in the everyday life of the Israeli-Palestinian conflict. Taking a perspective that sees the Israeli-Palestinian conflict as a conflict over the distribution of legal rights, it focuses on the daily concerns of West Bank Palestinians, and explores the meanings, limitations and potential of legal claims in the context of the region's structures of governance. Kelly argues that fundamental contradictions in the process through which the West Bank has been ruled and misruled have resulted in an unstable mixture of legality, fear and uncertainty. Based on long term ethnographic fieldwork, this book provides an insight into how the wider Middle East conflict manifests itself through the daily encounters of ordinary Israelis and Palestinians, offering an evocative and theoretically informed account of the relationship between law, peace-building and violence.
Constitutionalizing Economic Globalization
Investment Rules and Democracy's Promise
Häftad, Engelska, 2008
597 kr
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Are foreign investors the privileged citizens of a new constitutional order that guarantees rates of return on investment interests? Schneiderman explores the linkages between a new investment rules regime and state constitutions - between a constitution-like regime for the protection of foreign investment and the constitutional projects of national states. The investment rules regime, as in classical accounts of constitutionalism, considers democratically authorized state action as inherently suspect. Despite the myriad purposes served by constitutionalism, the investment rules regime aims solely to enforce limits, both inside and outside of national constitutional systems, beyond which citizen-driven politics will be disabled. Drawing on contemporary and historical case studies, the author argues that any transnational regime should encourage innovation, experimentation, and the capacity to imagine alternative futures for managing the relationship between politics and markets. These objectives have been best accomplished via democratic institutions operating at national, sub-national, and local levels.
Institutional Inequality and the Mobilization of the Family and Medical Leave Act
Rights on Leave
Häftad, Engelska, 2012
568 kr
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How do Family and Medical Leave Act rights operate in practice in the courts and in the workplace? This empirical study examines how institutions and social practices transform the meaning of these rights to recreate inequality. Workplace rules and norms built around the family wage ideal, the assumption that disability and work are mutually exclusive, and management's historical control over time all constrain opportunities for social change. Yet workers can also mobilize rights as a cultural discourse to change the social meaning of family and medical leave. Drawing on theoretical frameworks from social constructivism and new institutionalism, this study explains how institutions transform rights to recreate systems of power and inequality but at the same time also provide opportunities for law to change social structure. It provides a fresh look at the perennial debate about law and social change by examining how institutions shape the process of rights mobilization.
Militarization and Violence against Women in Conflict Zones in the Middle East
A Palestinian Case-Study
Häftad, Engelska, 2009
296 kr
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This book examines and discusses the ordeals that women face as violence is perpetrated against them in politically conflicted and militarized areas. In conflict zones, every act is affected by, dependent on and mobilised by militaristic values. The militarization of both the private and public space and the use of the gendered bodies increases the vulnerability of both men and women, and further masculinises the patriarchal hegemonic powers. Through the stories and ordeals of women in politically conflicted areas and war zones, and by sharing voices of Palestinian women from the Occupied Territories, it is shown that claims such as 'security reasoning', fear from 'terrorism', nationalism, preservation of 'cultural authenticity' and preservation of the land can turn women's bodies and lives into boundary markers and thus sites of violence, contestation and resistance.
573 kr
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This volume focuses on the everyday social relationships through which international justice is produced. Using case studies from the International Criminal Court, the European Court of Human Rights, the UN Women's Convention Committee and elsewhere, it explores international justice as a process that takes place at the intersection of the often contradictory practices of applicants, lawyers, bureaucrats, victims, accused and others. With a sensitivity to broader institutional and political inequalities, the contributors ask how and why international justice is mobilised, understood and abandoned by concrete social actors, and to what effect. An attention to the different voices that feed into international justice is essential if we are to understand its potentials and limitations in the midst of social conflict or full blown political violence.
Fictions of Justice
The International Criminal Court and the Challenge of Legal Pluralism in Sub-Saharan Africa
Häftad, Engelska, 2009
398 kr
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By taking up the challenge of documenting how human rights values are embedded in rule of law movements to produce a new language of international justice that competes with a range of other formations, this book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices. These micropractices include speech acts that revere the protection of international rights, citation references to treaty documents, the brokering of human rights agendas, the rewriting of national constitutions, demonstrations of religiosity that make explicit the piety of religious subjects, and ritual practices of forgiveness that involve the invocation of ancestral religious cosmologies - all practices that detail the ways that justice is made real.
452 kr
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Through interviews with many of the most noteworthy authors in law and society, Conducting Law and Society Research takes students and scholars behind the scenes of empirical scholarship, showing the messy reality of research methods. The challenges and the uncertainties, so often missing from research methods textbooks, are revealed in candid detail. These accessible and revealing conversations about the lived reality of classic projects will be a source of encouragement and inspiration to those embarking on empirical research, ranging across the full array of disciplines that contribute to law and society. For all of the ambiguities and challenges to the social 'scientific' study of law, the reflections found in this book - collectively capturing a portrait of the field through the window of the research efforts - individually remind readers that 'good research' displays not an absence of problems, but the care taken in negotiating them.
338 kr
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In 2004, the State Department gathered more than a thousand interviews from refugees in Chad that verified Colin Powell's UN and congressional testimonies about the Darfur genocide. The survey cost nearly a million dollars to conduct and yet it languished in the archives as the killing continued, claiming hundreds of thousands of murder and rape victims and restricting several million survivors to camps. This book fully examines that survey and its heartbreaking accounts. It documents the Sudanese government's enlistment of Arab Janjaweed militias in destroying black African communities. The central questions are: why is the United States so ambivalent to genocide? Why do so many scholars deemphasize racial aspects of genocide? How can the science of criminology advance understanding and protection against genocide? This book gives a vivid firsthand account and voice to the survivors of genocide in Darfur.