Law and Society – serie
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174 produkter
174 produkter
667 kr
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Georges Gurvitch occupies an interesting position in the development of the sociology of law. In the period immediately preceding its quantitative expansion, he produced an explicitly conceived systematic theoretical intervention. What is particularly significant about Gurvitch's Sociology of Law at first appears as a contradiction. His work has had very little lasting impact on developments within the field of the sociology of law. At best, his existence is occasionally footnoted, but he engendered no great controversy or debate, nor does he have any active contemporary "disciples." Despite this lack of attention, Gurvitch work provides a concentrated expression of the theoretical problems that beset the field. The core of Gurvitch's sociology of law is at root a continuation of the efforts, apparent in the work of Max Weber, to resolve or integrate the dualism which is so markedly affecting law. It is the apparent dualism between law as a positive institution resting upon a framework of social power, while at the same time being a system of values or norms having some compelling internal strength and validity. Gurvitch's Sociology of Law shines as a beacon in the ongoing quest for a transformative vision of law. The new introduction by Alan Hunt discusses Gurvitch's place in the history of the sociology of law and the context in which his works should be placed. It also features a brief biography of the sociologist as well as a discussion of the central features of Gurvitch's sociology. This book will be of interest to students of sociology and law.
617 kr
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Originally published thirty years ago, Critique of the Legal Order remains highly relevant for the twenty-first century. Here Richard Quinney provides a critical look at the legal order in capitalist society. Using a traditional Marxist perspective, he argues that the legal order is not intended to reduce crime and suffering, but to maintain class differences and a social order that mainly benefits the ruling class. Quinney challenges modern criminologists to examine their own positions. As "ancillary agents of power," criminologists provide information that governing elites use to manipulate and control those who threaten the system. Quinney's original and thorough analysis of "crime control bureaucracies" and the class basis of such bureaucracies anticipates subsequent research and theorizing about the "crime control industry," a system that aims at social control of marginalized populations, rather than elimination of the social conditions that give rise to crime. He forcefully argues that technology applied to a "war against crime," together with academic scholarship, is used to help maintain social order to benefit a ruling class. Quinney also suggests alternatives. Anticipating the work of Noam Chomsky, he suggests we must first overcome a powerful media that provides a "general framework" that serves as the "boundary of expression." Chomsky calls this the manufacture of consent by providing necessary illusions. Quinney calls for a critical philosophy that enables us to transcend the current order and seek an egalitarian socialist order based upon true democratic principles. This core study for criminologists should interest those with a critical perspective on contemporary society.
Regulating Lives
Historical Essays on the State, Society, the Individual, and the Law
Häftad, Engelska, 2003
400 kr
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This book examines Canadian experiences of social control, moralregulation, and governmentality during the late nineteenth and earlytwentieth centuries. Informed by the wealth of theoretical andhistorical writings that have recently emerged on these subjects, thecontributors explore diverse state, social, legal, and human encounterswith the regulation of lives in British Columbia and Canadian history.Incest in the criminal courts, racial-ethnic dimensions of alcoholregulation, public health initiatives around venereal disease, and theseizure and indoctrination of Doukhobor children, among other issues,are examined in these nine original essays.This collection will interest scholars, researchers, practitioners,and students of a wide range of contexts including law, history,sociology, criminology, women's studies, Native studies, socialwork, and political science.
1 023 kr
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Comparative law and legal anthropology have traditionally restrictedthemselves to their own fields of inquiry. Mapping Marriage Law inSpanish Gitano Communities turns this tendency on its head andinvestigates what happens when the voices of each discipline areinvited to speak to each other. Susan Drummond forges this hybrid formof comparative work through small- and large-scale studies of Gitanomarriage law as it emerges in a Western European state, in a modernurban centre, and in particular communities and families.Drummond's mapping of Gitano marriage law is grounded inethnographic fieldwork in Andalucia. The study draws initially from thetradition of comparative law to focus on the emergence of Spanish statefamily law in a predominantly national and international context.Drummond then adopts the role of legal anthropologist to examine aparticular legal culture that exists within, and also beyond, theSpanish state: that of the Gitanos and the transnational Roma.Ultimately, she brings the international, national, and culturaldimensions of law into play with one another and contemplates how allof these influences bear on the spirit of Andalusian Gitano marriagelaw. The result is an ethos of marriage law in a thoroughly mixed legaljurisdiction.Mapping Marriage Law in Spanish Gitano Communities willappeal to scholars and students in comparative law and legalanthropology, as well as readers interested in Roma studies in general,and the Gitanos in particular.
357 kr
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Often touted as the humane and politically progressive alternative to the rigid philosophy of retributive punishment that underpins many of the world's judicial systems, restorative justice aspires to a theoretical and practical reconciliation of the values of love and compassion with justice and accountability. Emotionally seductive, the rhetoric of restorative justice appeals to a desire for a "right relation" amongst individuals and communities, and offers us a vision of justice that allows for the mutual healing of victim and victimizer, and with it, a sense of communal repair.In Compulsory Compassion, Annalise Acorn, a one-time advocate for restorative justice, deconstructs the rhetoric of the restorative movement. Drawing from diverse legal, literary, philosophical, and autobiographical sources, she questions the fundamental assumptions behind that rhetoric: that we can trust wrongdoers' capacity for meaningful accountability and respectful community, and that we can, in good conscience, deploy the idea that healing lies in (re)encounter to seduce victims to participate in restorative processes.Essential reading for anyone with an interest in restorative justice, Compulsory Compassion should also be read by scholars and students of criminal justice and legal theory.
Feminist Activism in the Supreme Court
Legal Mobilization and the Women's Legal Education and Action Fund
Inbunden, Engelska, 2004
1 023 kr
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Since 1980, the Canadian women's movement has been an active participant in constitutional politics and Charter litigation. This book, through its focus on the Women's Legal Education and Action Fund (LEAF), presents a compelling examination of how Canadian feminists became key actors in developing the constitutional doctrine of equality, and how they mobilized that doctrine to support the movement's policy agenda.The case of LEAF, an organization that had as its goal the use of Charter litigation to influence legal rules and public policy, provides rich ground for Manfredi's keen analysis of legal mobilization. In a multitude of areas such as abortion, pornography, sexual assault, family law, and gay and lesbian rights, LEAF has intervened before the Supreme Court to bring its understanding of equality to bear on legal policy development. This study offers a deft examination of LEAF's arguments and seeks to understand how they affected the Court's consideration of the issues. Perhaps most importantly, it also contemplates the longterm effects of the mobilization, and considers the social impact of the legal doctrine that has emerged from LEAF cases.A major contribution to law and society studies, Feminist Activism in the Supreme Court is unparalleled in its analysis of legal mobilization as an effective strategy for social movements. It will be widely read and welcomed by legal scholars, political scientists, lawyers, feminists, and activists.
Feminist Activism in the Supreme Court
Legal Mobilization and the Women's Legal Education and Action Fund
Häftad, Engelska, 2005
357 kr
Skickas inom 5-8 vardagar
Since 1980, the Canadian women's movement has been an active participant in constitutional politics and Charter litigation. This book, through its focus on the Women's Legal Education and Action Fund (LEAF), presents a compelling examination of how Canadian feminists became key actors in developing the constitutional doctrine of equality, and how they mobilized that doctrine to support the movement's policy agenda.The case of LEAF, an organization that had as its goal the use of Charter litigation to influence legal rules and public policy, provides rich ground for Manfredi's keen analysis of legal mobilization. In a multitude of areas such as abortion, pornography, sexual assault, family law, and gay and lesbian rights, LEAF has intervened before the Supreme Court to bring its understanding of equality to bear on legal policy development. This study offers a deft examination of LEAF's arguments and seeks to understand how they affected the Court's consideration of the issues. Perhaps most importantly, it also contemplates the longterm effects of the mobilization, and considers the social impact of the legal doctrine that has emerged from LEAF cases.A major contribution to law and society studies, Feminist Activism in the Supreme Court is unparalleled in its analysis of legal mobilization as an effective strategy for social movements. It will be widely read and welcomed by legal scholars, political scientists, lawyers, feminists, and activists.
1 023 kr
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Winner, 2003-2004 Harold Adams Innis Prize for Best English-Language Book in the Social Sciences, Canadian Federation for Humanities and Social SciencesIn the early 1990s, lawyer Beth Symes brought an equality challenge against the Canadian Income Tax Act, arguing that her childcare costs were a business expense. The case ignited public controversy. Was Symes disadvantaged on the basis of gender, or unfairly privileged on the basis of class?This book seeks answers to those questions through close attention to the Symes case, where class and gender interests clashed over the tax treatment of childcare. It looks at the history of legislative and litigative struggles, the dynamics of courtroom discourse, and the influence of broad social debates about children and the public/private divide. It reveals how frequently the rhetoric of choice, responsibility, and selfishness is invoked in response to women's attempts to place issues of childcare on the public agenda.Taxing Choices will interest all those who seek to use the law as a tool of social justice but are troubled by the perils posed by competing interests and conflicts involving race, class, gender, and ability.
640 kr
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Winner, 2003-2004 Harold Adams Innis Prize for Best English-Language Book in the Social Sciences, Canadian Federation for Humanities and Social SciencesIn the early 1990s, lawyer Beth Symes brought an equality challenge against the Canadian Income Tax Act, arguing that her childcare costs were a business expense. The case ignited public controversy. Was Symes disadvantaged on the basis of gender, or unfairly privileged on the basis of class?This book seeks answers to those questions through close attention to the Symes case, where class and gender interests clashed over the tax treatment of childcare. It looks at the history of legislative and litigative struggles, the dynamics of courtroom discourse, and the influence of broad social debates about children and the public/private divide. It reveals how frequently the rhetoric of choice, responsibility, and selfishness is invoked in response to women's attempts to place issues of childcare on the public agenda.Taxing Choices will interest all those who seek to use the law as a tool of social justice but are troubled by the perils posed by competing interests and conflicts involving race, class, gender, and ability.
1 173 kr
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People and Place presents a path-breaking collection ofessays demonstrating the fascinating ways in which personalitiesinteract with physical locale in shaping the law. Examining law throughthe framework of history, this anthology presents a mixture ofinnovative articles produced by established scholars as well asrepresentatives of the next generation.The collection represents a rich array of interdisciplinaryexpertise, with authors who are law professors, historians,sociologists and criminologists. Their essays include studies into thelives of judges and lawyers, rape victims, prostitutes, religious sectleaders, and common criminals. The geographic scope touches Canada, theUnited States and Australia. The essays explore how one individual, orsmall self-identified groups, were able to make a difference in how lawwas understood, applied, and interpreted. They also probe the degree towhich locale and location influenced legal culture history.The essays offer snapshots of human history, capturing thecentrality of law as individuals located themselves in relation toothers and to the places and times in which they lived. Accessible toacademics, students, and general readers interested in the formation oflaw within a social context, this collection offers a compellingperspective of this subtle relationship. The close examination ofpeople and place will allow readers to unpack law's variousmeanings across communities and time, and to move closer to a moreprofound awareness of the complexity of human society.
1 145 kr
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Africa's notorious civil wars and seemingly endless conflicts constitute one of the most intractable threats to global peace and security in the post-Cold War era. This book provides both a superb analysis of the historical dysfunction of the post-colonial African state generally and, more specifically, a probing critique of the crisis that resulted in the tragic collapse of Liberia.Using a historical deconstruction and reconstruction of the theories and practice of international law and politics, Ikechi Mgbeoji ultimately shows that blame for this endless cycle of violence must be laid at the feet of both the Western powers and African states themselves. He further posits that three measures – a reconstructed regime of African statehood, legitimate governance, and reform of the United Nations Security Council – are imperatives for the creation of a stable African polity. In the post-9/11 era, this holistic and multilateral approach to collective security remains the world's best route to peace and socio-political stability.Collective Insecurity is a vital addition to the study of international law and will be of interest to students and practitioners of international law and international relations, and those with an interest in security studies, politics, and African studies.
400 kr
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Africa's notorious civil wars and seemingly endless conflicts constitute one of the most intractable threats to global peace and security in the post-Cold War era. This book provides both a superb analysis of the historical dysfunction of the post-colonial African state generally and, more specifically, a probing critique of the crisis that resulted in the tragic collapse of Liberia.Using a historical deconstruction and reconstruction of the theories and practice of international law and politics, Ikechi Mgbeoji ultimately shows that blame for this endless cycle of violence must be laid at the feet of both the Western powers and African states themselves. He further posits that three measures – a reconstructed regime of African statehood, legitimate governance, and reform of the United Nations Security Council – are imperatives for the creation of a stable African polity. In the post-9/11 era, this holistic and multilateral approach to collective security remains the world's best route to peace and socio-political stability.Collective Insecurity is a vital addition to the study of international law and will be of interest to students and practitioners of international law and international relations, and those with an interest in security studies, politics, and African studies.
400 kr
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In the late 18th century, the English jurist William Blackstone famously described property as "that sole and despotic dominion." What Blackstone meant was that property was an "absolute right, inherent in every Englishman . . . which consists in the free use, enjoyment, and disposal of all acquisitions without any control or diminution, save only by the laws of the land." In light of the intervening 250 years of colonization, Blackstone's "despotic dominion" has assumed new and more ambiguous meanings. It is the ambiguity of the meanings of property and the tensions that were and still are evident in property disputes with which this book is concerned.Despotic Dominion brings together the work of scholars whose study of the evolution of property law in the colonies recognizes the value in locating property law and rights within the broader political, economic, and intellectual contexts of those societies. The stimulus for this new interdisciplinary scholarship has emerged from litigation and political action for the resolution of questions of Aboriginal title and other disputes over property rights in several former settler colonies, most notably Australia, Canada, and New Zealand. As the essays in this book demonstrate, a significant part of the recent explosion in interest and speculation about property rights relates historically to the securing of a more reliable cultural context for assessing these claims. For this reason, Despotic Dominion will be of interest not only to students and researchers of colonial history, but also to scholars of native studies and law, as well as those interested in the contested terrain of property rights.
357 kr
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The 2000 case of Little Sisters Book and Art Emporium v. Customs Canada provided Canada's highest court with its first opportunity to consider whether the analysis set out in R. v. Butler – in which the Supreme Court identified pornography as an issue of sex discrimination – applies to pornography intended for a lesbian or gay male audience. The Court held that it did, finding that, like heterosexual pornography, same-sex pornography also violates the sex equality interests of all Canadians.Christopher Kendall supports this finding, arguing that gay male pornography reinforces those social attitudes that create systemic inequality on the basis of sex and sexual orientation – misogyny and homophobia alike – by sexually conditioning gay men to those attitudes and practices.The author contends that as a result of litigation efforts like those brought by lesbian and gay activists in the Little Sisters case, the notion of empowerment and the rejection of those values that daily result in all that is anti-gay have been replaced with a misguided community ethic and identity politic that encourages inequality. This is best exemplified in the gay male pornography defended in Little Sisters as "liberation" and "central to sexual freedom."Gay Male Pornography rejects the equality claims of gay male pro-pornography advocates and argues that there is little to be gained from sexualized conformity. To date, no one has taken the position that gay male pornography violates the legal right to sex equality. This book does that and, as such, it will be of value to scholars of law, sociology, and gender studies, as well as to all who have an interest in equality and justice.
1 023 kr
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Canada's Supreme Court decides cases with far-reaching effects on Canadian politics and public policies. When the Supreme Court sets cases on its agenda, it exercises nearly unrestrained discretion and considerable public authority. But how does the Court choose these cases in the first place?Tournament of Appeals investigates the leave to appeal process in Canada and explores how and why certain cases "win" a place on the Court's agenda and others do not. Drawing from systematically collected information on the process, applications, and lawyers that has never before been used in studies of Canada's Supreme Court, Flemming offers both a qualitatively and quantitatively-based explanation of how Canada's justices grant judicial review.The first of its kind, this innovative study will draw the attention of lawyers, academics, and students in Canada as well as in the Commonwealth or Europe, where the appeals process in the high courts is similar to that of Canada.
357 kr
Skickas inom 5-8 vardagar
Canada's Supreme Court decides cases with far-reaching effects on Canadian politics and public policies. When the Supreme Court sets cases on its agenda, it exercises nearly unrestrained discretion and considerable public authority. But how does the Court choose these cases in the first place?Tournament of Appeals investigates the leave to appeal process in Canada and explores how and why certain cases "win" a place on the Court's agenda and others do not. Drawing from systematically collected information on the process, applications, and lawyers that has never before been used in studies of Canada's Supreme Court, Flemming offers both a qualitatively and quantitatively-based explanation of how Canada's justices grant judicial review.The first of its kind, this innovative study will draw the attention of lawyers, academics, and students in Canada as well as in the Commonwealth or Europe, where the appeals process in the high courts is similar to that of Canada.
382 kr
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Refugees are on the move around the globe. Prosperous nations are rapidly adjusting their laws to crack down on the so-called "undeserving." Australia and Canada have each sought international reputations as humanitarian do-gooders, especially in the area of refugee admissions.Humanitarianism, Identity, and Nation traces the connections between the nation-building tradition of immigration and the challenge of admitting people who do not reflect the national interest of the twenty-first century. Catherine Dauvergne argues that in the absence of the justice standard for admitting newcomers, liberal nations instead share a humanitarian consensus about letting in needy outsiders. This consensus constrains and shapes migration law and policy. In a detailed consideration of how refugees and others in need are admitted to Australia and Canada, she links humanitarianism and national identity to explain the current shape of the law.If the problems of immigration policy were all about economics, future directions would be easy to map. If rights could trump sovereignty, refugee admission would be straightforward. But migration politics has never been simple. Humanitarianism, Identity, and Nation is a welcome antidote to economic critiques of immigration, and a thoughtful contribution to rights talk. It is a must-read for everyone interested in transforming migration laws to meet the needs of the twenty-first century.
1 112 kr
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Established in 1940 in response to the Great Depression, the original goal of Canada's system of unemployment insurance was to ensure the protection of income to the unemployed. Joblessness was viewed as a social problem and the jobless as its unfortunate victims. If governments could not create the right conditions for full employment, they were obligated to compensate people who could not find work. While unemployment insurance expanded over several decades to the benefit of the rights of the unemployed, the mid-1970s saw the first stirrings of a counterattack as the federal government's Keynesian strategy came under siege. Neo-liberalists denounced unemployment insurance and other aspects of the welfare state as inflationary and unproductive. Employment was increasingly thought to be a personal responsibility and the handling of the unemployed was to reflect a free-market approach. This regressive movement culminated in the 1990s counter-reforms, heralding a major policy shift. The number of unemployed with access to benefits was halved during that time.From UI to EI examines the history of Canada's unemployment insurance system and the rights it grants to the unemployed. The development of the system, its legislation, and related jurisprudence are viewed through a historical perspective that accounts for the social, political, and economic context. Campeau critically examines the system with emphasis upon its more recent transformations. This book will interest professors and students of law, political science, and social work, and anyone concerned about the right of the unemployed to adequate protection.
1 023 kr
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The sacred sites of indigenous peoples are under increasing threat worldwide as a result of state appropriation of control over ancestral territories, coupled with insatiable demands on lands, waters, and natural resources. Yet because they spiritually anchor indigenous peoples' relationship with the land, they are crucial to these peoples' existence, survival, and well-being. Thus, threats to sacred sites are effectively threats to indigenous peoples themselves.In recent decades, First Nations peoples of Canada, like other indigenous peoples, have faced hard choices. Sometimes, they have chosen to grieve in private over the desecration and even destruction of their sacred sites. At other times, they have mounted public protests, ranging from public information campaigns to on-the-ground resistance. Of late, they have also taken their fight to the courts. First Nations Sacred Sites in Canada's Courts is the first work to examine how the courts have responded. Informed by elements of a general theory of sacred sites and supported by a thorough analysis of nearly a dozen cases, the book demonstrates not merely that the courts have failed to treat First Nations sacred sites fairly but also why they have failed to do so.The book does not end on a wholly critical note, however, but suggests practical ways in which courts can improve their handling of the issues. Finally, it shows that Canada too has something profound at stake in the struggle of First Nations peoples for their sacred sites.
357 kr
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The sacred sites of indigenous peoples are under increasing threat worldwide as a result of state appropriation of control over ancestral territories, coupled with insatiable demands on lands, waters, and natural resources. Yet because they spiritually anchor indigenous peoples' relationship with the land, they are crucial to these peoples' existence, survival, and well-being. Thus, threats to sacred sites are effectively threats to indigenous peoples themselves.In recent decades, First Nations peoples of Canada, like other indigenous peoples, have faced hard choices. Sometimes, they have chosen to grieve in private over the desecration and even destruction of their sacred sites. At other times, they have mounted public protests, ranging from public information campaigns to on-the-ground resistance. Of late, they have also taken their fight to the courts. First Nations Sacred Sites in Canada's Courts is the first work to examine how the courts have responded. Informed by elements of a general theory of sacred sites and supported by a thorough analysis of nearly a dozen cases, the book demonstrates not merely that the courts have failed to treat First Nations sacred sites fairly but also why they have failed to do so.The book does not end on a wholly critical note, however, but suggests practical ways in which courts can improve their handling of the issues. Finally, it shows that Canada too has something profound at stake in the struggle of First Nations peoples for their sacred sites.
1 023 kr
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Detention and deportation are the two most extreme sanctions of an "immigration penality" that polices noncitizens, identifies those deemed dangerous, diseased, deceitful, or destitute, and refuses them entry or casts them out. They play a key role in regulating national borders, citizens, and populations. But what determines whether a noncitizen is "deserving" or "undeserving"? And how have anxieties about risky outsiders and the quest for security shaped Canada's response to immigrants and refugees?Anna Pratt takes a close look at the discursive formations, transformations, and technologies of power that have surrounded the laws, policies, and practices of detention and deportation in Canada since the Second World War. She demonstrates that although the desire to fortify the border against risky outsiders has long been prominent in Canadian immigration penality, the degree to which concerns about security, crime, and fraud have come to govern the process is unprecedented.Securing Borders traces the connections between seemingly disparate concerns – detention, deportation, liberalism, law, discretion, welfare, criminal justice, refugees, security, and risk – to consider them in relation to the changing modes of Canadian governance.This work is a rich interdisciplinary study which promises to be of interest to scholars in a range of disciplines including criminology, socio-legal studies, law, history, sociology, political science, international relations, and public administration. It will also be of interest to non-governmental advocates as well as to government representatives who work in the areas of immigration, refugee determination, and related fields.
Defending Rights in Russia
Lawyers, the State, and Legal Reform in the Post-Soviet Era
Häftad, Engelska, 2006
357 kr
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Lawyers often play pivotal roles in building democracies. PamelaJordan's engaging study of the Russian bar (advokatura) providesa richly textured portrait of how, after the USSR's collapse,practising lawyers called advocates began to assume new, self-definedroles as contributors to legal reform and defenders of rights inRussia.Using the historical institutionalism approach as her analyticalframework and drawing from comparative literature on legal professions,Jordan argues that the post-Soviet advokatura as an institution gainedmore, although not complete, autonomy from the state as it struggled toredefine itself as a profession. Advocates formed new bar associationsand law offices and now have a broader range of ways to defendclients' rights than they did during the Soviet era. Jordansuggests that advocates' work is supporting the growth of civilsociety and the strengthening of human rights in Russia.Jordan concludes that, in a measured way, advocates redistributedsocial and political power by means of their role as intermediaryactors between state and societal forces. However, she also warns thatsuch gains could be reversed if the Putin regime continues to flout dueprocess rights.
Good Government? Good Citizens?
Courts, Politics, and Markets in a Changing Canada
Inbunden, Engelska, 2005
1 023 kr
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Good Government? Good Citizens? explores the evolving concept of the citizen in Canada at the beginning of this century. Three forces are at work in reconstituting the citizen in this society: courts, politics, and markets. Many see these forces as intersecting and colliding in ways that are fundamentally reshaping the relationship of individuals to the state and to each other.How has Canadian society actually been transformed? Is the state truly in retreat? Do individuals, in fact, have a fundamentally altered sense of their relationship to government and to each other? Have courts and markets supplanted representative politics regarding the expression of basic values? Must judicialized protection of human rights and minority interests necessarily mean a diminished concern for the common good on the part of representative politics? To what extent should markets and representative politics maintain a role in the protection of human rights and minority interests? Will representative politics ever hold the public trust again?Good Government? Good Citizens? responds to these questions. It does so by examining the altered roles of courts, politics, and markets over the last two decades. It then examines a number of areas to gauge the extent of the evidence regarding transformations that have occurred because of these changing roles. There are chapters on the First Peoples, cyberspace, education, and on an ageing Canada. The book concludes with reflections on the "good citizen" at the dawning of the new century.Of particular interest to professors and students of law and political science, Good Government? Good Citizens? will appeal to anyone interested in the changing face of Canada and its citizens.
357 kr
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Laws and Societies in the Canadian Prairie West, 1670-1940 examines the legal history of the north-west frontier, from the earliest years of European-Native contact in the seventeenth century to the mid-1900s. Challenging myths about a peaceful west and prairie exceptionalism, the book explores the substance of prairie legal history and the degree to which the region's mentality is rooted in the historical experience of distinctive prairie peoples. The chapters, written by a cross-section of established and emerging scholars working in the allied fields of law, legal history, sociology, and criminology, focus on what is distinctive in prairie legal culture.By approaching the issue from a variety of perspectives – those of colonial administrators, fur company employees, Native peoples, women, men, entrepreneurs, judges, magistrates, and the police, among others – the authors find evidence of a conscious effort to apply broad, non-regional experiences to seemingly familiar, local issues. The ways in which prairie peoples perceived themselves and their relationships to a wider world were directly framed by notions of law and legal remedy shaped by the course and themes of prairie history. Legal history is not just about black letter law. It is also deeply concerned with the ways in which people affect and are affected by the law in their daily lives. By examining how central and important the law has been to individuals, communities, and societies in the Canadian Prairies, this book makes an original contribution.
382 kr
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People with disabilities in Canada inhabit a system of deep structural, economic, social, political, legal, and cultural inequality – a regime of dis-citizenship. Despite the widespread belief that Canada is a country of liberty, equality, and inclusiveness, many persons with disabilities experience social exclusion and marginalization. They are socially constructed as second-class citizens.Conventional understandings of disability are dependent on assumptions that characterize disability as misfortune and by implication privilege the "normal" over the "abnormal." Consequently, it is presumed that societal organization based upon able-bodied and -minded norms is inevitable and that the best we can do is show sympathy or pity. The essays Critical Disability Theory contend instead that achieving equality for the disabled is not fundamentally a question of medicine or health, nor is it an issue of sensitivity or compassion. Rather, it is a question of politics, and of power and powerlessness.This book argues that we need new ways to think about the nature of disability, a new understanding of participatory citizenship that encompasses the disabled, new policies to respond to their needs, and a new vision of their entitlements. Twenty-four scholars from a variety of disciplines come together here to identify the problems with traditional approaches to disability and to provide new directions. The essays range from focused empirical and experiential studies of different disabilities, to policy analyses, legal interrogations, and philosophical reconsiderations. The result will be of interest to policy makers, professionals, academics, non-governmental organizations, and grassroots activists.
Governing with the Charter
Legislative and Judicial Activism and Framers' Intent
Inbunden, Engelska, 2005
1 023 kr
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Since the introduction of the Canadian Charter of Rights and Freedoms in 1982, the question of judicial power and its relationship to parliamentary democracy has been an important one in Canadian politics. Some critics, suspicious of what they perceive as the "activism" of "unelected and unaccountable" judges, view the increased power of the Supreme Court as a direct challenge to parliament. But has parliamentary democracy been weakened by judicial responses to the Charter?In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court's judicial activism. On the contrary, an activist framers' intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which has ensured the proper functioning of constitutional supremacy in Canada.Kelly analyzes the parliamentary hearings on the Charter and also draws from interviews with public servants, senators, and members of parliament actively involved in appraising legislation to ensure that it is consistent with the Charter. He concludes that the principal institutional outcome of the Charter has been a marginalization of Parliament and that this is due to the Prime Minister's decision on how to govern with the Charter.A significant contribution to law and society studies, Governing with the Charter will be widely read by political scientists, legal scholars, parliamentarians, public servants, and students of the machinery of government.
Governing with the Charter
Legislative and Judicial Activism and Framers' Intent
Häftad, Engelska, 2006
357 kr
Skickas inom 5-8 vardagar
Since the introduction of the Canadian Charter of Rights and Freedoms in 1982, the question of judicial power and its relationship to parliamentary democracy has been an important one in Canadian politics. Some critics, suspicious of what they perceive as the "activism" of "unelected and unaccountable" judges, view the increased power of the Supreme Court as a direct challenge to parliament. But has parliamentary democracy been weakened by judicial responses to the Charter?In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court's judicial activism. On the contrary, an activist framers' intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which has ensured the proper functioning of constitutional supremacy in Canada.Kelly analyzes the parliamentary hearings on the Charter and also draws from interviews with public servants, senators, and members of parliament actively involved in appraising legislation to ensure that it is consistent with the Charter. He concludes that the principal institutional outcome of the Charter has been a marginalization of Parliament and that this is due to the Prime Minister's decision on how to govern with the Charter.A significant contribution to law and society studies, Governing with the Charter will be widely read by political scientists, legal scholars, parliamentarians, public servants, and students of the machinery of government.
Courts and Federalism
Judicial Doctrine in the United States, Australia, and Canada
Häftad, Engelska, 2007
333 kr
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Courts and Federalism examines recent developments in thejudicial review of federalism in the United States, Australia, andCanada. Through detailed surveys of these three countries, Gerald Baierclearly demonstrates that understanding judicial doctrine is key tounderstanding judicial power in a federation. Baier offers overwhelmingevidence of doctrine's formative role in division-of-powerdisputes and its positive contribution to the operation of a federalsystem. Courts and Federalism urges political scientists totake courts and judicial reasoning more seriously in their accounts offederal government.Courts and Federalism will appeal to readers interested inthe comparative study of law and government as well as the interactionof law and federalism in contemporary society.
362 kr
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The tension between diversity and equality is central to debates about multiculturalism, self-determination, identity, and pluralism. How, for example, can the claims of ethnic and religious groups be respected when they conflict with individual rights and liberal equality? Diversity and Equality critically examines the challenge of protecting rights in diverse societies such as Canada. It develops new approaches in philosophy, law, politics, and anthropology to address the goals and problems associated with cultural, religious, and national minority rights. The contributors to this volume explore the conflicts between group demands for cultural autonomy and individual assertions of basic interests. At stake in these debates about rights and autonomy in multicultural and multinational democracies is the very meaning of freedom.
1 023 kr
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The meaning of criminal responsibility emerged in early- to mid-twentieth-century Canadian capital murder cases through a complex synthesis of socio-cultural, medical, and legal processes. Kimberley White places the negotiable concept of responsibility at the centre of her interdisciplinary inquiry, rather than the more fixed legal concepts of insanity or guilt. In doing so she brings subtlety to more general arguments about the historical relationship between law and psychiatry, the insanity defence, and the role of psychiatric expertise in criminal law cases.Through capital murder case files, White examines how the idea of criminal responsibility was produced, organized, and legitimized in and through institutional structures such as remissions, trial, and post-trial procedures; identity politics of race, character, citizenship, and gender; and overlapping narratives of mind-state and capacity. In particular, she points to the subtle but deeply influential ways in which common sense about crime, punishment, criminality, and human nature shaped the boundaries of expert knowledge at every stage of the judicial process.Negotiating Responsibility fills a void in Western socio-legal history scholarship and provides an essential point of reference from which to evaluate current criminal law practices and law reform initiatives in Canada.