Law and Society – serie

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.

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.

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.

While governments assert that Canada is a world leader in sustainability, Unnatural Law provides extensive evidence to refute this claim. A comprehensive assessment of the strengths and weaknesses of Canadian environmental law, the book provides a balanced, critical examination of Canada’s record, focusing on laws and policies intended to protect water, air, land, and biodiversity.

Three decades of environmental laws have produced progress in a number of important areas, such as ozone depletion, protected areas, and some kinds of air and water pollution. However, Canada’s overall record remains poor. In this vital and timely study, David Boyd explores the reasons why some laws and policies foster progress while others fail. He ultimately concludes that the root cause of environmental degradation in industrialized nations is excessive consumption of resources. Unnatural Law outlines the innovative changes in laws and policies that Canada must implement in order to respond to the ecological imperative of living within the Earth’s limits.

The struggle for a sustainable future is one of the most daunting challenges facing humanity in the 21st century. Everyone – academics, lawyers, students, policy-makers, and concerned citizens – interested in the health of the Canadian and global environments will find Unnatural Law an invaluable source of information and insight. For more information on Unnatural Law visit David Boyd's site, www.unnaturallaw.com.

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.

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.

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.

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.