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Elements of Law
by Eva H. Hanks Michael E. Herz Steven S. NemersonIntroduction to the concepts of common law, statutory law with canons of construction, stare decisis, and more.
Elements of Legislation
by Neil DuxburyIn Elements of Legislation, Neil Duxbury examines the history of English law through the lens of legal philosophy in an effort to draw out the differences between judge-made and enacted law and to explain what courts do with the laws that legislatures enact. He presents a series of rigorously researched and carefully rehearsed arguments concerning the law-making functions of legislatures and courts, the concepts of legislative supremacy and judicial review, the nature of legislative intent and the core principles of statutory interpretation.
Elements of Moral Experience in Clinical Ethics Training and Practice: Sharing Stories with Strangers
by Virginia L. BartlettElements of Moral Experience in Clinical Ethics Training and Practice: Sharing Stories with Strangers is a philosophical and professional memoir of the education, training, and professional development of becoming a clinical ethics consultant. Utilizing a phenomenological and narrative lens, this book offers a fresh and energizing window into the field of healthcare ethics by pairing compelling clinical narratives of what it is like to do clinical ethics consultation with clear reflections and accessible introductions to key philosophical, professional, and humanistic roots for responsible practice. Each chapter contains a firsthand account of a clinical ethics encounter – with vivid detail, verbatim dialogue, and internal monologues that reveal the consultant’s reflections throughout the consultation. Following or at times woven into the clinical story, each chapter explores elements of practice by highlighting philosophical, professional, and humanistic resources that connect to and shape meaning in everyday clinical ethics work, drawing from phenomenologically and narratively oriented ethicists (Richard Zaner, Andrea Frolic, Mark Bliton, and Stuart Finder), influential thinkers in adjacent fields (Alfred Schutz, Kurt Wolff, and Pierre Bourdieu), and creative writers and artists (Barry Lopez, Joe Henry, Audre Lorde, Robert M. Pirsig, and Dar Williams). The innovative structure signposts and illustrates distinct elements of clinical ethics experience and practice, inviting the reader to move through the book in different ways, according to their own learning goals, as graduate students, advanced trainees, practicing clinical ethicists, or ethics educators. By focusing on themes identified in the unique instances or experiences of first-hand accounts, or by tracing the philosophical reflections on grounding and orienting texts from the field, readers can access different elements of clinical ethics practice while the book as a whole models a process for considering and interrogating these elements. Elements of Moral Experience in Clinical Ethics Training and Practice: Sharing Stories With Strangers invites readers to articulate, reflect on, share, and ultimately learn from their own experiences in clinical ethics consultation.
Elements of a Critical Theory of Justice
by Gustavo PereiraThe capacity to take part in dialogues and justify one's positions constitutes the normative core of critical social justice. Ensuring this capacity to every citizen is the main objective of justice, which requires transforming social structures and relations as well as counteracting the effects of capitalist dynamics.
Elephant Slaves & Pampered Parrots: Exotic Animals in Eighteenth-Century Paris (Animals, History, Culture)
by Louise E. RobbinsThis lively history “adds a new dimension to our understanding of 18th-century France” by exploring the Parisian fashion of importing exotic animals (American Historical Review).In 1775, a visitor to Laurent Spinacuta’s Grande Ménagerie at the annual winter fair in Paris would have seen two tigers, several kinds of monkeys, an armadillo, an ocelot, and a condor—in all, forty-two live animals. In the streets of the city, one could observe performing elephants and a fighting polar bear. Those looking for unusual pets could purchase parrots, flying squirrels, and capuchin monkeys. The royal menagerie at Versailles displayed lions, cranes, an elephant, a rhinoceros, and a zebra, which in 1760 became a major court attraction.For Enlightenment-era Parisians, exotic animals piqued scientific curiosity and conveyed social status. Their variety and accessibility were a boon for naturalists like Buffon, author of Histoire naturelle. Louis XVI use his menagerie to demonstrate his power, while critics saw his caged animals as metaphors of slavery and oppression. In her engaging account, Robbins considers nearly every aspect of France’s obsession with exotic fauna, from the animals’ transportation and care to the inner workings of the oiseleurs’ (birdsellers’) guild. Based on wide-ranging research, Elephant Slaves and Pampered Parrots offers a major contribution to the history of human-animal relations, eighteenth-century culture, and French colonialism.
Elephant Tourism in Nepal: Historical Perspectives, Current Health and Welfare Challenges, and Future Directions
by Dr Michelle SzydlowskiA study of elephant tourism in Nepal from its origins in the 1960s to the present day, this book examines the challenges faced by captive elephants. Used as human conveyance, on anti-poaching patrol teams, as rescue vehicles, and in forestry service, elephants have worked with and for humans for hundreds of years. However, the use of elephants in tourism is a fairly new development within Nepal. Because the health and welfare of tourism elephants is vital to the conservation of wild individuals, this book offers an assessment of captive elephant needs and an examination of their existing welfare statuses. Numerous NGOS and INGOs are now active in elephant lives, and numerous advocacy organizations have arisen with the goal of changing tourism practices and improving captive elephant welfare. This book seeks to examine the motivations of these NGOs and INGOs, and to consider their ethical approaches to elephant health and welfare. Are the motivations of these organizations similar enough to work together towards a common goal, or are their ethical norms so different that they get in one another's way? Using an ordinary language and ethics framework, this text aims to identify the norms of cultures and organisations and reframe them in ways which may allow for more successful interactions.
Elephant Trails: A History of Animals and Cultures (Animals, History, Culture)
by Nigel RothfelsWhy have elephants—and our preconceptions about them—been central to so much of human thought?From prehistoric cave drawings in Europe and ancient rock art in Africa and India to burning pyres of confiscated tusks, our thoughts about elephants tell a story of human history. In Elephant Trails, Nigel Rothfels argues that, over millennia, we have made elephants into both monsters and miracles as ways to understand them but also as ways to understand ourselves.Drawing on a broad range of sources, including municipal documents, zoo records, museum collections, and encounters with people who have lived with elephants, Rothfels seeks out the origins of our contemporary ideas about an animal that has been central to so much of human thought. He explains how notions that have been associated with elephants for centuries—that they are exceptionally wise, deeply emotional, and have a special understanding of death; that they never forget, are beloved of the gods, and suffer unusually in captivity; and even that they are afraid of mice—all tell part of the story of these amazing beings. Exploring the history of a skull in a museum, a photograph of an elephant walking through the American South in the early twentieth century, the debate about the quality of life of a famous elephant in a zoo, and the accounts of elephant hunters, Rothfels demonstrates that elephants are not what we think they are—and they never have been. Elephant Trails is a compelling portrait of what the author terms "our elephant."
Elephants on the Edge: What Animals Teach Us about Humanity
by G. A. Bradshaw&“At times sad and at times heartwarming . . . Helps us to understand not only elephants, but all animals, including ourselves&” (Peter Singer, author of Animal Liberation). Drawing on accounts from India to Africa and California to Tennessee, and on research in neuroscience, psychology, and animal behavior, G. A. Bradshaw explores the minds, emotions, and lives of elephants. Wars, starvation, mass culls, poaching, and habitat loss have reduced elephant numbers from more than ten million to a few hundred thousand, leaving orphans bereft of the elders who would normally mentor them. As a consequence, traumatized elephants have become aggressive against people, other animals, and even one another; their behavior is comparable to that of humans who have experienced genocide, other types of violence, and social collapse. By exploring the elephant mind and experience in the wild and in captivity, Bradshaw bears witness to the breakdown of ancient elephant cultures. But, she reminds us, all is not lost. People are working to save elephants by rescuing orphaned infants and rehabilitating adult zoo and circus elephants, using the same principles psychologists apply in treating humans who have survived trauma. Bradshaw urges us to support these and other models of elephant recovery and to solve pressing social and environmental crises affecting all animals—humans included. &“This book opens the door into the soul of the elephant. It will really make you think about our relationship with other animals.&” —Temple Grandin, author of Animals in Translation
Elevating Equity and Justice: Ten U. S. Supreme Court Cases Every Teacher Should Know
by Robert KimElevating Equity and Justice is just what the civic-minded activist in you is looking for-an accessible and engaging guide to connect your teaching to the times we live in, providing insight into ten United States Supreme Court cases that impact schools and teaching. Some of the cases will be familiar to you and some will not. Why these cases? They cover the landscape of both civil rights and civil liberties, exploring topics and situations teachers and administrators face every day. Plus they're interesting-they involve real problems of real people who are raising legal and policy issues thorny and weighty enough to have reached the highest court in the country. To read them is to take a mini course in the history of education in our nation and in the civil rights and civil liberties issues that educators and students encounter on a daily basis. <p><p> Robert Kim, an education policy expert and former civil rights lawyer, has spent much of the last two decades focused on the rights of students, as well as the legal rights and obligations of schools and educators. In Elevating Equity and Justice, Bob takes a deep dive into ten cases of historical impact, providing background and information on each as well as an explanation of why it is important to know them. He brings the source material to life without overwhelming you with "legalese" and dos and don'ts. <p><p> For each case, Bob provides a summary of the judicial opinion; some interesting history or perspective about the case, including more recent legal developments; the implications for educators and schools; classroom and community voices that provide insight from real teachers dealing with these topics; tips for how to be proactive; and a short list of resources to further your knowledge about the case or the topics covered in it. <p><p> Reading these ten cases certainly won't address every situation educators encounter. Chances are you'll be drawn to reflect on what these cases mean for your teaching practice or your school. How can they help you address the needs of a particular student? What civic lessons do they teach? What values do they impart? Elevating Equity and Justice helps educators consider the needs of all of their students and elevates the discussion, teaching, and practice of equity at school.
Eleven
by Paul HanleyThe sweeping changes that make a 'full world' work-involving dual processes of destruction and reconstruction-will transform global culture, agriculture, and ultimately the human race. ELEVEN is a call to consciousness. Only an 'ethical revolution' will allow us to carry forward an ever-advancing civilization.
Eli and the Octopus: The CEO Who Tried to Reform One of the World’s Most Notorious Corporations
by Matt GarciaThe poignant rise and fall of an idealistic immigrant who, as CEO of a major conglomerate, tried to change the way America did business before he himself was swallowed up by corporate corruption.At 8 a.m. on February 3, 1975, Eli Black leapt to his death from the 44th floor of Manhattan’s Pan Am building. The immigrant-turned-CEO of United Brands—formerly United Fruit, now Chiquita—Black seemed an embodiment of the American dream. United Brands was transformed under his leadership—from the “octopus,” a nickname that captured the corrupt power the company had held over Latin American governments, to “the most socially conscious company in the hemisphere,” according to a well-placed commentator. How did it all go wrong?Eli and the Octopus traces the rise and fall of an enigmatic business leader and his influence on the nascent project of corporate social responsibility. Born Menashe Elihu Blachowitz in Lublin, Poland, Black arrived in New York at the age of three and became a rabbi before entering the business world. Driven by the moral tenets of his faith, he charted a new course in industries known for poor treatment of workers, partnering with labor leaders like Cesar Chavez to improve conditions. But risky investments, economic recession, and a costly wave of natural disasters led Black away from the path of reform and toward corrupt backroom dealing.Now, two decades after Google’s embrace of “Don’t be evil” as its unofficial motto, debates about “ethical capitalism” are more heated than ever. Matt Garcia presents an unvarnished portrait of Black’s complicated legacy. Exploring the limits of corporate social responsibility on American life, Eli and the Octopus offers pointed lessons for those who hope to do good while doing business.
Eligible for Execution: The Story of the Daryl Atkins Case
by Thomas G. Walker"There is no more abhorrent and devastating crime than one human being taking the life of another. When government responds by seeking to execute an individual convicted of homicide, it is imposing the most grim and terrifying power a state can exercise over one of its own citizens. And when a juror casts a life or death vote in a capital case, he or she is engag¬ing in perhaps the gravest and most disquieting act of civic responsibility. This book examines the decision of the U.S. Supreme Court in the case of Atkins v. Virginia It is the story of Daryl Atkins, who at the age of eighteen participated in a tragic and senseless murder. It is also the story of the victim of that crime, Eric Nesbitt, a young man serving in the U.S. Air Force. The book follows the Atkins case from commission of the crime through the Supreme Court's ruling and its aftermath." -Preface
Eliot Ness
by Douglas PerryThe true story of Eliot Ness, the legendary lawman who led the Untouchables, took on Al Capone, and saved a city's soul Eliot Ness is famous for leading the Untouchables against the notorious mobster Al Capone. But it turns out that the legendary Prohibition Bureau squad's daring raids were only the beginning. Ness's true legacy reaches far beyond Big Al and Chicago. Eliot Ness follows the lawman through his days in Chicago and into his forgotten second act. As the public safety director of Cleveland, he achieved his greatest success: purging the city of corruption so deep that the mob and the police were often one and the same. And it was here, too, that he faced one of his greatest challenges: a brutal, serial killer known as the Torso Murderer, who terrorized the city for years. Eliot Ness presents the first complete picture of the real Eliot Ness. Both fearless and shockingly shy, he inspired courage and loyalty in men twice his age, forged law-enforcement innovations that are still with us today, and earned acclaim and scandal from both his professional and personal lives. Through it all, he believed unwaveringly in the integrity of law and the basic goodness of his fellow Americans.
Eliot Ness
by Douglas PerryThe story of Eliot Ness, the legendary lawman who led the Untouchables, took on Al Capone, and saved a city's soulAs leader of an unprecedented crime-busting squad, twenty-eight-year-old Eliot Ness won fame for taking on notorious mobster Al Capone. But the Untouchables' daring raids were only the beginning of Ness's unlikely story.This new biography grapples with the charismatic lawman's complicated, largely forgotten legacy. Perry chronicles Ness's days in Chicago as well as his spectacular second act in Cleveland, where he achieved his greatest success: purging the profoundly corrupt city and forging new practices that changed police work across the country. He also faced one of his greatest challenges: a mysterious serial killer known as the Torso Murderer. Capturing the first complete portrait of the real Eliot Ness, Perry brings to life an unorthodox man who believed in the integrity of law and the power of American justice.acclaim and scandal from both his professional and personal lives. Through it all, he believed unwaveringly in the integrity of law and the basic goodness of his fellow Americans.
Eliot Ness and the Mad Butcher: Hunting America's Deadliest Unidentified Serial Killer at the Dawn of Modern Criminology
by Max Allan Collins A. Brad Schwartz"The thrilling history of the torso murderer. The tale of the ‘Untouchable’ who got Al Capone but failed to solve his goriest case." —Dan Jones, The Sunday TimesIn the spirit of Devil in the White City comes a true detective tale of the highest standard: the haunting story of Eliot Ness's forgotten final case–his years-long hunt for "The Mad Butcher of Kingsbury Run," a serial killer who terrorized Cleveland through the Great Depression. “After helping to put Al Capone behind bars, lawman Eliot Ness came to Cleveland, where he did battle with a vicious killer. ... Even Ness was stumped trying to apprehend the ‘torso murderer’ responsible for a series of ghoulish killings. ... The authors have done Ness justice." —Wall Street JournalIn 1934, the nation’s most legendary crime-fighter–fresh from taking on the greatest gangster in American history–arrived in Cleveland, a corrupt and dangerous town about to host a world's fair. It was to be his coronation, as well as the city's. Instead, terror descended, as headless bodies started turning up. The young detective, already battling the mob and crooked cops, found his drive to transform American policing subverted by a menace largely unknown to law enforcement: a serial murderer.Eliot Ness's greatest case had begun. Now, Max Allan Collins and A. Brad Schwartz–the acclaimed writing team behind Scarface and the Untouchable–uncover this lost crime epic, delivering a gripping and unforgettable nonfiction account based on decades of groundbreaking research.Ness had risen to fame in 1931 for leading the “Untouchables,” which helped put Chicago’s Al Capone behind bars. As Cleveland's public safety director, in charge of the police and fire departments, Ness offered a radical new vision for better law enforcement. Crime-ridden and devastated by the Depression, Cleveland was preparing for a star-turn itself: in 1936, it would host the "Great Lakes Exposition," which would be visited by seven million people. Late in the summer of 1934, however, pieces of a woman’s body began washing up on the Lake Erie shore–first her ribs, then part of her backbone, then the lower half of her torso. The body count soon grew to five, then ten, then more, all dismembered in gruesome ways.As Ness zeroed in on a suspect–a doctor tied to a prominent political family–powerful forces thwarted his quest for justice. In this battle between a flawed hero and a twisted monster–by turns horror story, political drama, and detective thriller–Collins and Schwartz find an American tragedy, classic in structure, epic in scope.
Elite Rivalry, Mass Killing and Genocide in Authoritarian Regimes: Why Autocrats Kill (Routledge Studies in Civil Wars and Intra-State Conflict)
by Eelco van der MaatThis book explains how mass killing is driven by elite politics within authoritarian regimes.Mass killing and genocide defy reason and explanation. How can genocidal elites present defenceless victims as an existential threat? Why use indiscriminate killing that drives victims to coordinated resistance? Mass killing seems counterproductive, irrational, and therefore inherently ideological. By building on new insights on authoritarian politics, this book argues that mass killing is not ideological, but instead is a rational response to elite rivalry within authoritarian regimes. Mass killing is therefore not driven by rivalries between groups, but by elite rivalry within groups. In Rwanda, for example, the genocide was not driven by conflicts between Hutu and Tutsi, but by conflicts within the Hutu regime. The work demonstrates how mass killing helps elites build coalitions with groups that benefit from violence and how it divides support coalitions of rival elites. Mass killing can therefore help elites win dangerous internal rivalries. By qualitatively and quantitatively exploring elite rivalry and mass killing, this book provides a new explanation for a host of mass killings and genocides. It demonstrates that well-known genocides, such as the Rwandan and Cambodian genocides, which are seemingly ideological are instead better explained by elite rivalry. Mass killing is therefore not driven by the random madness of leaders, nor by the desire to kill an outgroup, but by the internal threats that authoritarian elites face.This book will be of much interest to scholars and students of civil wars, genocide, political violence, and International Relations in general.
Elizabeth Cady Stanton and the Feminist Foundations of Family Law
by Tracy A. ThomasThomas Byers Memorial Outstanding Publication Award from the University of Akron Law Alumni AssociationMuch has been written about women’s rights pioneer Elizabeth Cady Stanton. Historians have written her biography, detailed her campaign for woman’s suffrage, documented her partnership with Susan B. Anthony, and compiled all of her extensive writings and papers. Stanton herself was a prolific author; her autobiography, History of Woman Suffrage, and Woman’s Bible are classics. Despite this body of work, scholars and feminists continue to find new and insightful ways to re-examine Stanton and her impact on women’s rights and history. Law scholar Tracy A. Thomas extends this discussion of Stanton’s impact on modern-day feminism by analyzing her intellectual contributions to—and personal experiences with—family law. Stanton’s work on family issues has been overshadowed by her work (especially with Susan B. Anthony) on woman’s suffrage. But throughout her fifty-year career, Stanton emphasized reform of the private sphere of the family as central to achieving women’s equality. By weaving together law, feminist theory, and history, Thomas explores Stanton’s little-examined philosophies on and proposals for women’s equality in marriage, divorce, and family, and reveals that the campaigns for equal gender roles in the family that came to the fore in the 1960s and ’70s had nineteenth-century roots. Using feminist legal theory as a lens to interpret Stanton’s political, legal, and personal work on the family, Thomas argues that Stanton’s positions on divorce, working mothers, domestic violence, childcare, and many other topics were strikingly progressive for her time, providing significant parallels from which to gauge the social and legal policy issues confronting women in marriage and the family today.
Elogio del disenso: Dilemas éticos para pensar(nos) hoy
by Diana Cohen AgrestCon la mirada puesta en la capacidad transformadora del disenso, Diana Cohen Agrest despliega los dilemas éticos de hoy y recupera el fascinante ejercicio de confrontar argumentos. Sin duda, el libro más provocativo del momento, cuando se impone pensar con nuevas premisas y herramientas el complejo mundo en el que vivimos. ¿Es posible asumir posiciones comprehensivas sobre los dilemas más urgentes de nuestro tiempo cuando naturalizamos la radicalización del conflicto y la oposición? La época parece sugerir que se trata de un ideal impracticable; este libro, en cambio, demuestra que la diversidad puede ser el mejor sustrato para el cultivo del pensamiento crítico y la reflexión. En efecto, con la mirada puesta en la capacidad transformadora del disenso, Diana Cohen Agrest despliega los dilemas éticos de hoy y recupera el fascinante ejercicio de confrontar argumentos. ¿Puede el lenguaje inclusivo aportar a la equidad de género? ¿La cultura de la cancelación deriva en justicia o en linchamiento digital? ¿Debe ser optativa u obligatoria la vacunación? ¿Es moralmente admisible experimentar con animales para estudiar las enfermedades humanas? ¿Es posible compatibilizar objeción de conciencia y acceso a los servicios de salud? ¿Vivimos una doble vida por obra y gracia del Big Data? ¿El ejercicio de la prostitución es resabio patriarcal o afirmación de la libertad? ¿Las drogas que mejoran el rendimiento son realmente contrarias al espíritu deportivo? Inquietante y lúcido en su construcción de una mirada ética, Elogio del disenso quizá sea el libro más provocativo del momento, cuando se impone pensar con nuevas premisas y herramientas el complejo mundo en el que vivimos.
Elusive Citizenship: Immigration, Asian Americans, and the Paradox of Civil Rights (Critical America #72)
by John S. ParkSince the late nineteenth century, federal and state rules governing immigration and naturalization have placed persons of Asian ancestry outside the boundaries of formal membership. A review of leading cases in American constitutional law regarding Asians would suggest that initially, Asian immigrants tended to evade exclusionary laws through deliberate misrepresentations of their identities or through extralegal means. Eventually, many of these immigrants and their descendants came to accept prevailing legal norms governing their citizenship in the United States. In many cases, this involved embracing notions of white supremacy. John S. W. Park argues that American rules governing citizenship and belonging remain fundamentally unjust, even though they suggest the triumph of a "civil rights" vision, where all citizens share the same basic rights. By continuing to privilege members over non-members in ways that are politically popular, these rules mask injustices that violate principles of fairness. Importantly, Elusive Citizenship also suggests that politically and socially, full membership in American society remains closely linked with participation in exclusionary practices that isolate racial minorities in America.
Email and Ethics: Style and Ethical Relations in Computer-Mediated Communications (Routledge Studies in Contemporary Philosophy)
by Emma RooksbyE-mail and Ethics explores the ways in which interpersonal relations are affected by being conducted via computer-mediated communication.The advent of this channel of communication has prompted a renewed investigation into the nature and value of forms of human association. Rooksby addresses these concerns in her rigorous investigation of the benefits, limitations and implications of computer-mediated communication.With its depth of research and clarity of style, this book will be of essential interest to philosophers, scholars of communication, cultural and media studies, and all those interested in the importance and implications of computer-mediated communication.
Emancipation, Democracy and the Modern Critique of Law: Reconsidering Habermas (International Political Theory)
by Mikael SpångThis book focuses on Jürgen Habermas’ theorising on law, rights and democracy in light of the modern critique of law. The latter tradition, which goes back to Hegel and Marx, has addressed the limitations of rights as vocabulary of emancipation and law as language of autonomy. Since Habermas claims that his reconstruction of private and public autonomy has an emancipatory aim, the author has chosen to discuss it in the context of the modern critique of law. More specifically, the study addresses the need to consider the dialectic of law, in which law is both a condition for emancipation and domination, when discussing what law and rights permit. It will appeal to students and scholars across the fields of political theory, law and legal criticism, as well as sociology and sociology of law.
Emanuel Law Outlines: Constitutional Law (Thirty-First Edition)
by Steven EmanuelThe most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks. Emanuel Law Outline Features: #1 outline choice among law students Comprehensive review of all major topics Capsule summary of all topics Cross-reference table of cases Time-saving format Great for exam prep
Emanuel Law Outlines: Evidence, Fifth Edition
by Steven L. EmanuelRelied on by generations of law school students, Emanuel Law Outlines include detailed reviews of critical issues and key topics, short answer questions, Q&A's, and correlation charts referencing leading casebooks.
Emanzipation und Gewalt: Feministische Rechtskritik mit Karl Marx, Jacques Derrida und Gilles Deleuze (Philosophie & Kritik. Neue Beiträge zur politischen Philosophie und Kritischen Theorie)
by Liza MattutatSoziale Bewegungen stehen seit jeher in einem ambivalenten Verhältnis zum Recht. Einerseits versuchen sie oft, ihre Ansprüche als Rechte geltend zu machen, andererseits kritisieren sie die entpolitisierenden, gewaltsamen und repressiven Aspekte des Rechts. Liza Mattutat fragt deshalb, ob Rechtspolitiken möglich sind, die nicht nur die Inhalte des Rechts, sondern zugleich seine Form verändern. Dazu rekonstruiert sie die rechtskritischen Argumente von Karl Marx, Jacques Derrida und Gilles Deleuze und deutet mit ihnen zeitgenössische Auseinandersetzungen um die Ehe für alle, die Reform des Sexualstrafrechts und die Elternschaft von trans* Personen. Wo sind philosophische Rechtskritiken für die feministische Rechtspolitik einschlägig? Wo steht das bürgerliche Recht emanzipatorischen Bewegungen entgegen?
Embedded Courts: Judicial Decision-Making in China
by Ng Kwai Hang Xin HeEmbedded Courts is laden with tension. Chinese courts are organized as a singular and unified system yet grassroots courts in urban and rural regions differ greatly in the way they use the law and are as diverse as the populations they serve. Based on extensive fieldwork and in-depth interviews, this book offers a penetrating discussion of the operation of Chinese courts. It explains how Chinese judges rule and how the law is not the only script they follow - political, administrative, social and economic factors all influence verdicts. This landmark work will revise our understanding of the role of law in China - one that cannot be easily understood through the standard lens of judicial independence and separation of powers. Ng and He make clear the struggle facing frontline judges as they bridge the gap between a rule-based application of law and an instrumentalist view that prioritizes stability maintenance.