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Law, Drugs and the Making of Addiction: Just Habits
by Kate SeearThis book considers how largely accepted ‘legal truths’ about drugs and addiction are made and sustained through practices of lawyering. Lawyers play a vital and largely underappreciated role in constituting legal certainties about substances and ‘addiction’, including links between alcohol and other drugs, and phenomena such as family violence. Such practices exacerbate, sustain and stabilise ‘addicted’ realities, with a range of implications – many of them seemingly unjust – for people who use alcohol and other drugs. This book explores these issues, drawing upon data collected for a major international study on alcohol and other drugs in the law, including interviews with lawyers, magistrates and judges; analyses of case law; and legislation. Focussing on an array of legal practices, including processes of law-making, human rights deliberations, advocacy and negotiation strategies, and the sentencing of offenders, and buttressed by overarching analyses of the ethics and politics of such practices, the book looks at how alcohol and other drug ‘addiction’ emerges and is concretised through the everyday work lawyers and decision makers do. Foregrounding ‘practices’, the book also shows that law is more fragile than we might assume. It concludes by presenting a blueprint for how lawyers can rethink their advocacy practices in light of this fragility and the opportunities it presents for remaking law and the subjects and objects shaped by it. This ground-breaking book will be of interest not only to those studying and working within the field of alcohol and drug addiction but also to lawyers and judges practising in this area and to scholars in a range of disciplines, including law, science and technology studies, sociology, gender studies and cultural studies
Law, Drugs and the Politics of Childhood: From Protection to Punishment (New Advances in Crime and Social Harm)
by Simon FlacksDebates about the regulation of drugs are inseparable from talk of children and the young. Yet how has this association come to be so strong, and why does it have so much explanatory, rhetorical and political force? The premise for this book is that the relationship between drugs and childhood merits more exploration beyond simply pointing out that children and drugs are both ‘things we tend to get worried about’. It asks what is at stake when legislators, lobbyists and decision-makers revert to claims about children in order to sustain a given legal or policy position. Beginning with a genealogy of the relationship between the discursive artefacts of ‘drugs’ and ‘childhood’, the book draws on Foucauldian methodologies to explore how childhood functions as a device in the biopolitical management of drug use(rs) and supply. In addition to analysing decriminalisation initiatives and sentencing measures, it (unusually) reaches beyond the criminal context to consider the significance of the ‘politics of childhood’ for law- and policymaking in the fields of family justice and education. It concludes by arguing that the currency of childhood and ‘youth’ is not reducible to rhetoric; it shapes the discursive entities of drugs and addiction and is one of the ways in which particular substances become socially, culturally and politically intelligible. At the same time, ‘drugs’ serve as a technology of child normalisation. The book will be essential reading for policymakers as well as researchers and students working in the areas of Criminal Justice, Law, Psychology and Sociology.
Law, Ecology, and the Management of Complex Systems: The Case of Water Governance (Law, Science and Society)
by Tiina PaloniittyThis book addresses the role of law in the adaptive management of socioecological systems. Recent years have witnessed a rise in discussion over the relation between adaptivity and law; as if after decades of insouciance, legal scholars have finally started to understand the impacts of the scientific paradigm called adaptive management to the legal sphere. Even though the complicated relations between law and the adaptive management of socioecological systems have become more debated, a thorough examination of the scientific and theoretical fundamentals of such endeavours has yet to be presented. Using the illustrative example of European Union water governance and its path towards embracing adaptive management, this book emphasises the legal significance of properly understanding the manner in which scientific knowledge of the environment is produced. Though always pivotal, rigorously apprehending science is especially crucial when dealing with the management of complex ecosystems as the ‘normative’ is created gradually before law begins to examine the ‘facts’ of the matter. After examining the roots of adaptive management, this book argues that the legal needs to understand itself as an integral part of the process of the socioecological management of complex systems, and not merely an external umpire resolving disputes. As whole the book offers new insights into the Union regulator’s approaches to scientific realities, making it an interesting read not only to academics and legal scholars but also to regulators striving to deepen their understanding or pondering which approach to adopt in the face of new regulatory challenges, and to scientists interested in the science and law aspects of their work.
Law, Economics and Finance of the Real Estate Market
by Rita Yi Man LiThe symbiosis between the law, economics and finance is evidenced in our daily lives. This book elucidates the relationship between these factors in Singapore and Hong Kong in direct and indirect real estate market. In Singapore, for example, there is an inseparable relationship between law, economics, finance and the HDB market. The book also showcases the concept of invitation to treat and offer, monetary compensation for environmental externalities under the lens of institutional economics. It also sheds light on the relationship between financial crisis, regulations, housing prices and indirect real estate market.
Law, Economics, and Conflict
by Kaushik Basu and Robert C. HockettIn Law, Economics, and Conflict, Kaushik Basu and Robert C. Hockett bring together international experts to offer new perspectives on how to take analytic tools from the realm of academic research out into the real world to address pressing policy questions. As the essays discuss, political polarization, regional conflicts, climate change, and the dramatic technological breakthroughs of the digital age have all left the standard tools of regulation floundering in the twenty-first century. These failures have, in turn, precipitated significant questions about the fundamentals of law and economics.The contributors address law and economics in diverse settings and situations, including central banking and the use of capital controls, fighting corruption in China, rural credit markets in India, pawnshops in the United States, the limitations of antitrust law, and the role of international monetary regimes. Collectively, the essays in Law, Economics, and Conflict rethink how the insights of law and economics can inform policies that provide individuals with the space and means to work, innovate, and prosper—while guiding states and international organization to regulate in ways that limit conflict, reduce national and global inequality, and ensure fairness.Contributors: Kaushik Basu; Kimberly Bolch; University of Oxford; Marieke Bos, Stockholm School of Economics; Susan Payne Carter, US Military Academy at West Point; Peter Cornelisse, Erasmus University Rotterdam; Gaël Giraud, Georgetown University; Nicole Hassoun, Binghamton University; Robert C. Hockett; Karla Hoff, Columbia University and World Bank; Yair Listokin, Yale Law School; Cheryl Long, Xiamen University and Wang Yanan Institute for Study of Economics (WISE); Luis Felipe López-Calva, UN Development Programme; Célestin Monga, Harvard University; Paige Marta Skiba, Vanderbilt Law School; Anand V. Swamy, Williams College; Erik Thorbecke, Cornell University; James Walsh, University of Oxford.Contributors: Kimberly B. Bolch, Marieke Bos, Susan Payne Carter, Peter A. Cornelisse, Gaël Giraud, Nicole Hassoun, Karla Hoff, Yair Listokin, Cheryl Long, Luis F. López-Calva, Célestin Monga, Paige Marta Skiba, Anand V. Swamy, Erik Thorbecke, James Walsh
Law, Environmental Illness and Medical Uncertainty: The Contested Governance of Health (Social Justice)
by Tarryn PhillipsWe’ve seen it before, with asbestos-related disease, leukaemia clusters and lung cancer caused by cigarettes. There tends to be a lag between the emergence of environmental risks and chemical injuries, and their recognition and therapeutic treatment by medicine and the law. Law, Environmental Illness and Medical Uncertainty examines how our society governs new health concerns as they emerge, and the barriers that face new and uncertain theories seeking recognition in the law. In this book, Tarryn Phillips focuses her investigation on the struggle over the controversial condition multiple chemical sensitivities, or MCS (also known as environmental illness). Presenting nine case studies where workers sought compensation for MCS from their multinational employers, she captures a nuanced portrait of their embittered, unequal battles over the scientific, legal and insurance paradigms for understanding toxic risk, environmental illness and the regulation of industry. It draws on three years of fieldwork in Australia, including interview data with lay people and sympathetic and sceptical experts, participant observation in the courtroom and textual analysis of official reports. The book gives a unique, ethnographic insight into the governance of risk and uncertainty within a neoliberal economy, medico-scientific controversies and courtroom dramas. It highlights how a skeptical approach towards emergent environmental concerns is encouraged within the current regime, and decision-makers face disincentives for taking a sympathetic approach. Compellingly written and easy to read, it should appeal widely to interested lay people, and students and scholars of science and technology studies, medical anthropology, sociology of health and illness, and critical legal studies.
Law, Ethics and Compromise at the Limits of Life: To Treat or not to Treat? (Biomedical Law and Ethics Library)
by Richard HuxtableA conflict arises in the clinic over the care of a critically ill, incapacitated patient. The clinicians and the patient’s family confront a difficult choice: to treat or not to treat? Decisions to withdraw or withhold life-sustaining treatment feature frequently in the courts and in the world's media, with prominent examples including the cases of Charlotte Wyatt, in the UK, and Terri Schiavo, in the USA. According to legislation like the Mental Capacity Act 2005, the central issues are the welfare (or ‘best interests’) of the patient, alongside any wishes they might have conveyed, via an ‘advance directive’ or through the appointment of a ‘lasting power of attorney’. Richard Huxtable argues that the law governing both welfare and wishes frequently fails to furnish clinicians and families with the guidance they require. However, he finds this unsurprising, given the competing ethical issues at stake. Huxtable proposes that there is a case for ‘principled compromise’ here, such that the processes for resolving principled disputes take precedence. He argues for greater ethical engagement, through a reinvigorated system of clinical ethics support, in which committees work alongside the courts to resolve the conflicts that can arise at the limits of life. Providing a comprehensive account of the law pertaining to children and adults alike, and distinctively combining medico-legal and bioethical insights, this book engages scholars and students from both disciplines, as well as informing clinicians about the scope (and limits) of law at the limits of life.
Law, Ethics and Emerging Military Technologies: Confronting Disruptive Innovation (War, Conflict and Ethics)
by George LucasThis book addresses issues of legal and moral governance arising in the development, deployment, and eventual uses of emerging technologies in military operations. Proverbial wisdom has it that law and morality always lag behind technological innovation. Hence, the book aims to identify, enumerate, and constructively address the problems of adequate governance for the development, deployment, and eventual uses of military technologies that have been newly introduced into military operations or which will be available in the near future. Proposals for modifications in governance, the book argues, closely track the anxieties of many critics of these technologies to the extent that they will proliferate, prove destructive in unanticipated ways, and partially or wholly escape regulation under current treaties and regulatory regimes. In addition to such concerns in domestic and especially in international law, the book addresses ethical norms in the professions involved in the design and eventual use of specific technologies, principally involving the professional norms of practice in engineering and the military (as well as biomedical and health care practice), which impose moral obligations on their members to avoid reckless endangerment or criminal negligence in the course of their activities. Thus, in addition to exploring the application of existing legal regimes and moral norms, the book examines how these professions might develop or improve the voluntary constraints on forms of malfeasance that are enshrined in their histories and codes of best practices. This book should prove of great interest to students of ethics, military studies, philosophy of war and peace, law, and international relations.
Law, Ethics and Professional Issues for Nursing: A Reflective and Portfolio-Building Approach
by Herman WheelerThis comprehensive new textbook covers core ethical and legal content for pre-registration nursing students. It provides readers with a sound understanding of the interrelationships between the NMC's code of conduct, standards and competencies, ethics and relevant sections of the English legal system. The only truly integrated text in the field, it opens with overviews of law and nursing, and ethical theories and nursing. It goes on to explore key areas of contention – such as negligence, confidentiality and consent – from legal and ethical perspectives, mapping the discussion onto the NMC code of conduct. The chapters include objectives, patient-focused case scenarios, key points, activities, questions, areas for reflection, further reading and a summary. Case law and statutes and ethical theories are presented where appropriate. Written by an experienced nurse-lecturer with a law and ethics teaching background, Law, Ethics and Professional Issues for Nursing is essential reading for all pre-registration nursing students, as well as students of other healthcare professions.
Law, Ethics and the Biopolitical
by Amy SwiffenLaw, Ethics and the Biopolitical explores the idea that legal authority is no longer related to national sovereignty, but to the ‘moral’ attempt to nurture life. The book argues that whilst the relationship between law and ethics has long been a central concern in legal studies, it is now the relationship between law and life that is becoming crucial. The waning legitimacy of conventional conceptions of sovereignty is signalled the renewal of a version of natural law, evident in discourses of human rights, that de-emphasises the role of a divine law-giver in favour of an Aristotelian conception of the natural purpose of life and the ‘common good’. Synthesising elements of legal scholarship on sovereignty, theories of biopolitics and biopower, as well as recent developments in the domains of ethics, Amy Swiffen examines the invocation of ‘life’ as a foundation for legal authority. The book documents the connection between law, life and contemporary forms of biopolitical power by critically analysing the fundamental principles of the bioethical paradigm. Unique in its critical and cross-disciplinary approach, Law, Ethics and the Biopolitical will be of interest to students and teachers in the areas of law and society, law and literature, critical legal studies, social theory, bioethics, psychoanalysis, and biopolitics.
Law, Ethics, and Policy in Healthcare Administration
by George PozgarThis chapter provides the reader with an overview of ethics, moral principles, virtues, and values. The intent here is not to burden the reader with the philosophical arguments sur¬rounding ethical theories, morals, and principles; however, as with the study of any new sub¬ject, "words are the tools of thought." The reader who thoroughly absorbs and applies the content of the theories and principles of ethics discussed herein will have the tools necessary to empathize with and guide patients through the conflicts they will face when making dif¬ficult care decisions. Therefore, some new vocabulary is a necessary tool, as a building block for the reader to establish a foundation for applying the abstract theories and principles of ethics in order to make practical use of them.
Law, Ethics, and the Visual Arts
by John Henry Merryman Stephen K. Urice Simon J. FrankelSince its first publication in 1979, Law, Ethics, and the Visual Arts has been the foundational text in the field of art law. This thoroughly reorganized and updated sixth edition takes a fresh look at primary materials and commentary from previous editions, extending the book's analysis with significant changes in format and content to reflect changes in the field. The book has multiple uses and audiences: a text for courses in law schools and graduate programs, a reference work for lawyers and museum professionals, and a lively read - filled with engaging legal stories and colorful anecdotes featuring the broad cast of characters in the art world. Complementing their own observations, the authors include excerpts from judicial opinions, scholarly and popular articles, international treaties, and statutory law. Law, Ethics, and the Visual Arts offers a cornucopia of examples, questions, issues, and lessons for students, artists, dealers, collectors, attorneys, and any reader curious about today's complex world of the visual arts.
Law, Femicide, and Countercolonial-Feminist Praxis: Choreographies of Survival
by Juliana StrevaThis book unearths the buried legacies of modern legal thought, exposing femicide’s entanglements with colonialism, Black Atlantic slavery, and their enduring afterlives, while forging countercolonial pathways to justice.In the wake of Marielle Franco’s assassination – a Black feminist city councilor murdered in Rio de Janeiro in 2018 – and amid the global resurgence of far-right authoritarianism, the entanglements of femicide, White supremacy, misogyny, and colonial juridico-political architectures have come into stark focus. Challenging dominant frameworks for understanding gender-based violence, this book draws on the insights of Black, Indigenous, queer, and feminist thinkers, engaging both written and oral traditions. Through transdisciplinary methodology grounded in deep listening to grassroots activists across the territory now known as Brazil, here acknowledged as theory-makers, it exposes femicide as an enduring colonial racial-patriarchal order and lays bare the limitations of liberal legal frameworks. By questioning the colonial foundations of legal order, the book cultivates and seeds terrains to imagine and enact transformative justice and generative forms of redress – engaging with choreographies of survival that gesture toward a politics of vitality.This book will appeal to academics, researchers, activists, and students with interests across a range of disciplines, including critical legal studies; critical Black studies; Indigenous and Amerindian studies; gender and feminist studies; critical criminology; legal anthropology; social movements; Brazilian studies; and anticolonial, decolonial, and postcolonial studies.
Law, Fiction and Activism in a Time of Climate Change
by Nicole RogersThe book examines the narratives of climate change which have developed and which are currently evolving in three areas: law, fiction and activism. Narratives of climate change generated by litigants, judges, writers of fiction and activists are having, and will have, a profound effect on the way we respond to the climate change crisis. Acknowledging the prevalence of unreliable narrators, this book explores the reliability and significance of different forms of climate narrative. The author analyses overlapping themes and points of intersection, considering the recurrent motif of the trickster, the prominence of the child, the significance and ongoing viability of the rights discourse, and the increasingly prevalent emergency framing with its multiple implications for law’s empire. She asks how law, fiction and activism measure up as textual and performative fora for telling the story of climate change and anticipating a climate-changed future. And, in addition, how can they help foster transformative narratives which empower us to confront the climate change crisis? This highly topical, cross-disciplinary work will be of interest to anyone concerned about the growing climate emergency and makes a valuable contribution to climate law, environmental law, the environmental humanities and ecocriticism.
Law, Gender Identity, and the Brain: Exploring Brain-Sex Theories in Judicial Decisions on Trans and Intersex Minors (Gender in Law, Culture, and Society)
by Aileen KennedyThis book challenges law’s reliance on neurology’s brain-sex binary. The brain has become the latest candidate in a historical search for a reliable and fixed biological marker of ‘true sex’ that has permeated every aspect of Western culture, including law. As definitions of the sexed and gendered body have become ever more contentious, the development and dissemination of brain-sex theories have come to dominate popular understanding of LGBTI+ identities. But, this book argues, the brain is no more helpful than earlier biological measures in ensuring just outcomes. Examining how law determines and differentiates ‘male’ and ‘female’ in two contested areas of sexed identity –through a discussion of Australian cases authorising medical interventions to alter the embodied sex characteristics of transgender minors and intersex minors –the book demonstrates an incoherence in the legal understanding of gender identity development. As the brain too fails as a convincing biological anchor for the binary sex categories of male and female, law must, it is argued, retreat from its aspiration to create, define, and regulate artificially bounded sex categories of male and female. This book will be of great interest to scholars and students in a range of disciplines who are working at the intersection of law, gender, and sexuality.
Law, Gender, and Injustice: A Legal History of U.S. Women (Feminist Crosscurrents)
by Joan HoffA groundbreaking analysis of how gendered oppression is written into the American legal systemLaw, Gender, and Injustice: A Legal History of U.S. Woman is a landmark study of how women remain second-class citizens under the current legal system. In this widely acclaimed book, Joan Hoff questions whether the continued pursuit of equality based on a one-size-fits-all vision of traditional individual rights is really what will most improve conditions for women in America. Concluding that equality based on liberal male ideology is no longer an adequate framework for improving women's legal status, Hoff's highly original and incisive volume calls for a demystification of legal doctrine and a reinterpretation of legal texts (including the Constitution) to create a feminist jurisprudence.
Law, Hermeneutics and Rhetoric (Collected Essays In Law Ser.)
by Francis J. IiiMootz offers an antidote to the fragmentation of contemporary legal theory with a collection of essays arguing that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. This is not a modern insight that wipes away centuries of dogmatic confusion; rather, Mootz draws on insights as old as the Western tradition itself. However, the essays are not antiquarian or merely descriptive, because hermeneutical and rhetorical philosophy have undergone important changes over the millennia. To "return" to hermeneutics and rhetoric as touchstones for law is to embrace dynamic traditions that provide the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization in accordance with expert administration, violent suppression, or both.
Law, History, and Justice: Debating German State Crimes in the Long Twentieth Century
by Annette WeinkeSince the nineteenth century, the development of international humanitarian law has been marked by complex entanglements of legal theory, historical trauma, criminal prosecution, historiography, and politics. All of these factors have played a role in changing views on the applicability of international law and human-rights ideas to state-organized violence, which in turn have been largely driven by transnational responses to German state crimes. Here, Annette Weinke gives a groundbreaking long-term history of the political, legal and academic debates concerning German state and mass violence in the First World War, during the National Socialist era and the Holocaust, and under the GDR.
Law, History, and Justice: Debating German State Crimes in the Long Twentieth Century
by Annette WeinkeSince the nineteenth century, the development of international humanitarian law has been marked by complex entanglements of legal theory, historical trauma, criminal prosecution, historiography, and politics. All of these factors have played a role in changing views on the applicability of international law and human-rights ideas to state-organized violence, which in turn have been largely driven by transnational responses to German state crimes. Here, Annette Weinke gives a groundbreaking long-term history of the political, legal and academic debates concerning German state and mass violence in the First World War, during the National Socialist era and the Holocaust, and under the GDR.
Law, Human Agency and Autonomic Computing: The Philosophy of Law Meets the Philosophy of Technology
by Mireille Hildebrandt Antoinette RouvroyLaw, Human Agency and Autonomic Computing interrogates the legal implications of the notion and experience of human agency implied by the emerging paradigm of autonomic computing, and the socio-technical infrastructures it supports. The development of autonomic computing and ambient intelligence – self-governing systems – challenge traditional philosophical conceptions of human self-constitution and agency, with significant consequences for the theory and practice of constitutional self-government. Ideas of identity, subjectivity, agency, personhood, intentionality, and embodiment are all central to the functioning of modern legal systems. But once artificial entities become more autonomic, and less dependent on deliberate human intervention, criteria like agency, intentionality and self-determination, become too fragile to serve as defining criteria for human subjectivity, personality or identity, and for characterizing the processes through which individual citizens become moral and legal subjects. Are autonomic – yet artificial – systems shrinking the distance between (acting) subjects and (acted upon) objects? How ‘distinctively human’ will agency be in a world of autonomic computing? Or, alternatively, does autonomic computing merely disclose that we were never, in this sense, ‘human’ anyway? A dialogue between philosophers of technology and philosophers of law, this book addresses these questions, as it takes up the unprecedented opportunity that autonomic computing and ambient intelligence offer for a reassessment of the most basic concepts of law.
Law, Human Creativity and Generative Artificial Intelligence: Regulatory Options
by Julija KalpokienėThis book addresses the complex issue of human creativity in the age of Artificial Intelligence.Artificial intelligence (AI) is increasingly being used to create texts, images, and musical compositions. This increase in the application of AI within the creative industries can of course enhance human performance while producing creative and commercial challenges for human authors. Against this background, this book considers how current mechanisms for incentivising creativity – including legal regulations, such as copyright, state funding and tax regimes – are inadequate in the age of AI. Acknowledging the opportunity that AI presents, the book then proposes alternative regulatory mechanisms through which human creativity can be incentivised.This book will appeal to scholars and researchers in the areas of socio-legal studies, intellectual property law, media law, and law and technology.
Law, Humans and Plants in the Andes-Amazon: The Lawness of Life (Law, Justice and Ecology)
by Iván Darío Vargas RoncancioExtending law beyond the human, the book examines the conceptual openings, methodological challenges, and ethical conundrums of law in a time of socio-ecological transition. How do we learn and practice law across epistemic and ontological difference? What sort of methodologies do we need? In what sense does conjuring other-than-human beings as sentient, cognitive and social agents—rather than mere recipients of state-sanctioned rights—transform what we mean by law and rights of nature in Latin America and beyond? Legal institutions exclusively focused on human perspectives seem insufficiently capable of addressing current socio-ecological challenges in Latin America and beyond. In response, this book strives to integrate other-than-human beings within legal thinking, institutions, and decision-making protocols. Weaving together various fields of knowledge and worldmaking practices that include – but are not limited to – Indigenous legal traditions, ecological law, multispecies ethnography, and ecological economics, the book pursues a multi-sited ethnography that focuses on the entanglement of law, ecology, and Indigenous cosmologies in Southern Colombia. In so doing, it articulates a general post-anthropocentric legal theory which is proposed, a tool to address socio-ecological challenges such as climate change and bio-cultural loss. This book will be of interest to scholars and students in the disciplines of environmental law, Earth law and ecological law, legal theory and critical legal studies; as well as others working in the in the fields of Indigenous studies, environmental humanities, legal anthropology, and sustainability and climate change justice.
Law, Immunization and the Right to Die
by Jennifer HardesLaw, Immunization and the Right to Die focuses on the urgent matter of legal appeals and judicial decisions on assisted death. Drawing on key cases from the United Kingdom and Canada, the book focuses on the problematic paternalism of legal decisions that currently deny assisted dying and questions why the law fails to recognize what many describe as "compassionate motives" for assisted death. When cases are analyzed as discourses that are part of a larger socio-political logic of governance, judicial decisions, it is argued here, reveal themselves as relying on the construction of neoliberal fictions – fictions that are here elucidated with reference to Michel Foucault’s theoretical insights on pastoral power and Roberto Esposito’s philosophical thesis on immunization. Challenging the socio-political logic of neoliberalism, the issue of assisted dying goes beyond the predominant legal concern with protecting – or immunizing – individuals from one another, in favor of minimal interference. This book calls for a new kind of politics: one that might affirm people and their finitude both more collectively, and more compassionately.
Law, Judges and Visual Culture (Social Justice)
by Leslie J MoranLaw, Judges and Visual Culture analyses how pictures have been used to make, manage and circulate ideas about the judiciary through a variety of media from the sixteenth century to the present. This book offers a new approach to thinking about and making sense of the important social institution that is the judiciary. In an age in which visual images and celebrity play key roles in the way we produce, communicate and consume ideas about society and its key institutions, this book provides the first in-depth study of visual images of judges in these contexts. It not only examines what appears within the frame of these images; it also explores the impact technologies and the media industries that produce them have upon the way we engage with them, and the experiences and meanings they generate. Drawing upon a wide range of scholarship – including art history, film and television studies, and social and cultural studies, as well as law – and interviews with a variety of practitioners, painters, photographers, television script writers and producers, as well as court communication staff and judges, the book generates new and unique insights into making, managing and viewing pictures of judges. Original and insightful, Law, Judges and Visual Culture will appeal to scholars, postgraduates and undergraduates from a variety of disciplines that hold an interest in the role of visual culture in the production of social justice and its institutions.
Law, Justice, Democracy, and the Clash of Cultures
by Michel RosenfeldThe Cold War ideological battle with universal aspirations has given way to a clash of cultures as the world concurrently moves toward globalization of economies and communications and balkanization through a clash of ethnic and cultural identities. Traditional liberal theory has confronted daunting challenges in coping with these changes and with recent developments such as the spread of postmodern thought, religious fundamentalism, and global terrorism. This book argues that a political and legal philosophy based on pluralism is best suited to confront the problems of the twenty-first century. Pointing out that monist theories such as liberalism have become inadequate and that relativism is dangerous, the book makes the case for pluralism from the standpoint of both theory and its applications. The book engages with thinkers, such as Spinoza, Kant, Hegel, Rawls, Berlin, Dworkin, Habermas, and Derrida, and with several subjects that are at the center of current controversies, including equality, group rights, tolerance, secularism confronting religious revival, and political rights in the face of terrorism.