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Law, Socialism and Democracy (Routledge Library Editions: Political Science #9)
by Paul,Q,HirstThis book explores the political and legal institutions necessary for a democratic socialism in advanced industrial societies. It argues that a democratic socialist society needs a firm framework of public law, and a formal constitution. Populist conceptions of direct democracy and informal justice are argued to be inadequate as the primary means of democratic control in a complex society; likewise Marxist views of the "withering away of the state" are challenged as utopian. The book maintains that radical reforms in political institutions are necessary in order to effect social change.
Law, Society & Politics: A Critical Analysis of U.S. Supreme Court Power in the Political & Legal Process
by Marvin L. AstradaThis book explores critical questions pertaining to the character and content of the “American People” as posited in the US Supreme Court’s interpretation of the fundamental law. What exactly is an American? Who or what comprise the People? What are the constitutive sociocultural, political, and economic ordering principles of the American People and society? How does the Court impact the nationalist character and content of law and policy? From a sociocultural, economic, political, and ideological perspective, the Court’s singular proclamations as to what the US Constitution means, what is its purpose, and how it is to be perceived and implemented have profound consequences for representational politics and notions of what exactly constitutes the American polity. This book employs a critical, conceptual, and structural approach, critically examining the notion of the People in constitutional discourse, and its impact on government, politics, law, and society in the present.
Law, Society and Corruption: Lessons from the Central Asian Context (Law, Justice and Power)
by Rustamjon Urinboyev Måns SvenssonThis book presents new socio-legal perspectives and insights on the social life of corruption and anticorruption in authoritarian regimes.This book takes up the case of Uzbekistan—an authoritarian regime in Central Asia and one of the most corrupt countries in the world according to Transparency International’s Corruption Perceptions Index—and examines the corruption that developed in a tightly closed authoritarian regime permeated by a large-scale shadow economy, a weak rule of law, and a collectivist legal culture. Building on socio-legal frameworks of legal compliance, living law and legal pluralism, the central argument of the book is that the roles, meanings, and logics of corruption are fluid, and depend on a myriad of structural variables, and contextual and situational factors.This book will be of value to researchers, academics, and students in the fields of sociology of law, legal anthropology, and Central Asian studies, especially those with an interest in the intersection of law, society, and corruption in authoritarian regime contexts.
Law, State and Religion in Bosnia and Herzegovina (ICLARS Series on Law and Religion)
by Nedim Begović Emir KovačevićThis book explores relations between state, religion and law in Bosnia and Herzegovina. Historically, multi-religiousness has been a constant feature of the Bosnian polity, from its creation in 12th century until modern times. Since the middle of the 19th Century, Catholics have tended to self-identify as Croats, Orthodox Christians as Serbs, and Muslims as Bosniaks. Moreover, in a region that has undergone significant recent transformation, from the communist to the liberal political system, Bosnia and Herzegovina represents a very interesting case for the study of the relationship between state and religion. This book includes a short overview of historical aspects of these relations and a detailed analysis of the existing constitutional and legal framework on freedom of religion and relations between the state and religious communities. It assesses the actual implementation in practice, including the relevant national courts’ case-law. The work covers both the developments of new legal standards, while also identifying the main obstacles in their implementation. At a time when the region is again the subject of much interest, this book will be essential reading for those working in the areas of Law and Religion, Constitutional Law and Transitional Justice.
Law, State, and Society in Modern Iran
by Hadi EnayatUsing a 'Historical Institutionalist' approach, this book sheds light on a relatively understudied dimension of state-building in early twentieth century Iran, namely the quest for judicial reform and the rule of law from the 1906 Constitutional Revolution to the end of Reza Shah's rule in 1941.
Law, Technology and Society: Reimagining the Regulatory Environment (Law, Science and Society)
by Roger BrownswordThis book considers the implications of the regulatory burden being borne increasingly by technological management rather than by rules of law. If crime is controlled, if human health and safety are secured, if the environment is protected, not by rules but by measures of technological management—designed into products, processes, places and so on—what should we make of this transformation? In an era of smart regulatory technologies, how should we understand the ‘regulatory environment’, and the ‘complexion’ of its regulatory signals? How does technological management sit with the Rule of Law and with the traditional ideals of legality, legal coherence, and respect for liberty, human rights and human dignity? What is the future for the rules of criminal law, torts and contract law—are they likely to be rendered redundant? How are human informational interests to be specified and protected? Can traditional rules of law survive not only the emergent use of technological management but also a risk management mentality that pervades the collective engagement with new technologies? Even if technological management is effective, is it acceptable? Are we ready for rule by technology? Undertaking a radical examination of the disruptive effects of technology on the law and the legal mind-set, Roger Brownsword calls for a triple act of re-imagination: first, re-imagining legal rules as one element of a larger regulatory environment of which technological management is also a part; secondly, re-imagining the Rule of Law as a constraint on the arbitrary exercise of power (whether exercised through rules or through technological measures); and, thirdly, re-imagining the future of traditional rules of criminal law, tort law, and contract law.
Law, Violence and Constituent Power: The Law, Politics And History Of Constitution Making (Comparative Constitutional Change)
by Héctor López BofillThis book challenges traditional theories of constitution-making to advance an alternative view of constitutions as being founded on power which rests on violence. The work argues that rather than the idea of a constitution being the result of political participation and deliberation, all power instead is based on violence. Hence the creation of a constitution is actually an act of coercion, where, through violence, one social group is able to impose itself over others. The book advocates that the presence of violence be used as an assessment of whether genuine constitutional transformation has taken place, and that the legitimacy of a constitutional order should be dependent upon the absence of killing. The book will be essential reading for academics and researchers working in the areas of constitutional law and politics, legal and political theory, and constitutional history.
Law, Visual Culture, and the Show Trial (Discourses Of Law Ser.)
by Agata FijalkowskiAddressing the relationship between law and the visual, this book examines the importance of photography in Central, East, and Southeast European show trials. The dispensation of justice during communist rule in Albania, East Germany, and Poland was reliant on legal propaganda, making the visual a fundamental part of the legitimacy of the law. Analysing photographs of trials, this book examines how this message was conveyed to audiences watching and participating in the spectacle of show trials. The book traces how this use of the visual was exported from the Soviet Union and imposed upon its satellite states in the immediate aftermath of World War II. It shows how the legal actors and political authorities embraced new photographic technologies to advance their legal propaganda. Drawing on contemporary theoretical work in the area, the book then challenges straightforward accounts of the relationship between law and the visual, critically engaging entrenched legal historical narratives, in relation to three different protagonists, to offer the possibility of reclaiming and rewriting past accounts. As its analysis demonstrates, the power of images can also be subversive; and, as such, the cases it addresses open onto contemporary questions about law and its inherent performativity. This original and insightful engagement with the relationship between law and the visual will appeal to legal and cultural theorists, as well as those with more specific interests in Stalinism, and in Central, East, and Southeast European history.
Law, Wealth and Power in China: Commercial Law Reforms in Context (Routledge Contemporary China Series)
by John GarrickThis book examines the law reforms of contemporary China in light of the Party-state’s ideological transformation and the political economy that shapes these reforms. This involves analysing three interrelated domains: law reform, power and wealth. The contributors to this volume employ a variety of perspectives and analytical techniques in their discussion of key themes including: commercial law reform and its governance of wealth and regulation of economic activity; the influence and authority of the Party-state over China’s economic activity; and the influence of wealth and the wealthy in economic governance and legal reform. Utilizing an interdisciplinary approach, this book presents analytical perspectives of new work, or new lines of thinking about the new wealth, power and law reforms of China. As such, critical boundaries are explored between legal and financial reforms and what these reforms signify about deeper ideological, economic, social and cultural transformations in China. The book concludes by asking whether there is a ‘China model’ of development which will produce a unique variety of capitalism and indigenous variant of rule of law, and examining the ‘winners and losers’ in the transition from a centrally planned economy to a market economy. Law, Wealth and Power in China will be of interest to students and academics of comparative law, Asian law, Chinese economics and politics, Chinese Studies, as well as professionals in investment banking, finance and government.
Law, Women Judges and the Gender Order: Lessons from the High Court of Australia
by Kcasey McLoughlinThis book seeks to understand how women judges are situated as legal knowers on the High Court of Australia by asking whether a near-equal gender balance on the High Court has disrupted the Court’s historically masculinist gender regime. This book examines how the High Court’s gender regime operates once there is more than one woman on the bench. It explores the following questions: How have the Court’s gender relations accommodated the presence women on the bench? How have the women themselves accommodated those pre-existing gender relations? How might legal judgments and reasoning change as a result of changing gender dynamics on the bench? To develop answers to these (and other) questions the book pursues a methodology that conceptualises the High Court as an institution with a particular gender regime shaped historically by the dominant gender order of the wider society. The intersection between the (gendered) individuals and the (gendered) institution in which they operate produces and reproduces that institution’s gender regime. Hence, the enquiry is not so much asking ‘have women judges made a difference?’ but rather is asking how should we understand women judges’ relationship with the law, a relationship that is shaped as much by the individual judge as by the institutional context in which they operate. Scholars, legal practitioners and researchers interested in judicial reasoning, gender diversity and the legal profession, gender and politics will be interested in this book because it breaks new ground as a case study of a Court’s gender regime at a particular time.
Law: A Very Short Introduction
by Raymond WacksLaw underlies our society --it protects our rights, imposes duties on each of us, and establishes a framework for the conduct of almost every social, political, and economic activity. The punishment of crime, compensation of the injured, and the enforcement of contracts are merely some of the tasks of a modern legal system. It also strives to ensure justice, promote freedom, and protect our security. The result is a system that, while it touches all of our daily lives, is properly understood by only a few, with its impenetrable jargon, obsolete procedures, and interminable stream of Byzantine statutes and judgments of the courts. This clear, jargon-free Very Short Introduction cuts introduces the essentials of law and legal systems in a lively, accessible, and stimulating manner. Explaining the main concepts, terms, and processes of the legal system, it focuses on the Western tradition, but also examines other legal systems, such as customary law and Islamic law. And it looks to the future too, as globalization and rapid advances in technology place increasing strain on our current legal system.
Lawfare and Judicial Legitimacy: The Judicialisation of Politics in the case of South Africa (Routledge Research in Public Law)
by Kate DentLawfare is a complex and evolving concept with many permutations. It is a term that is used to describe both a judicialisation of politics where the Constitutional Court is called upon to uphold constitutional responsibilities, compensating for institutional failures in the broader democratic space, and instances where there is abuse of the legal process to escape accountability. When the court is dragged into politics, it forces an examination of the legitimate scope of judicial review. This book explains how judicialisation of politics leads to the politicisation of adjudication and further weaponisation of the law. Exploring the judicial-political dynamics of South Africa from 2009 onwards, the work traces the consequences of the judicialisation of politics for institutional resilience and broader constitutional stability. Through an in-depth study of judicial legitimacy, the book seeks to provide an overarching theoretical justification for the dangers that inhere in lawfare. It analyses the potential costs of both judicial statesmanship and strategies of deference and avoidance when trying to navigate the Court safely through the era of lawfare. South Africa offers an interesting crucible within which to observe an unfolding global trend. Strengthened by its comparative focus, the implications of lawfare presented in this book transcend the South African context and are applicable to other jurisdictions in the world. The book will be of interest to researchers, academics and practitioners working in the areas of Constitutional Law and Politics.
Lawfare: New Trajectories in Law (New Trajectories in Law)
by Jaume Castan Pinos Mark Friis HauThis book develops a new conceptualisation of lawfare that recognises the polysemantic nature of the term. Drawing on theoretical developments from legal anthropology, international relations, and social theory, the book scrutinises the multiple dimensions of this phenomenon. It illustrates the multifaceted character of lawfare with a wide range of historical and contemporary cases from across the globe and analyses the implications of actors pursuing political objectives through legal means. This includes the use of lawfare by states as a legal instrument to accomplish geopolitical objectives, domestic lawfare, or the use of legal instruments to undermine internal opposition, and state lawfare used by governments to ‘protect’ the state from internal territorial-secessionist challenges. Finally, the book shows that lawfare is not exclusively a tool for hegemonic actors, as it can also be used by civil society actors that aim to uphold their rights through legal instruments in asymmetric lawfare. This book contributes to new developments in lawfare without shying away from controversy, acknowledging its sometimes-brutal efficacy as well as its potential pitfalls. The book will appeal to scholars and students of law, international relations, political science, anthropology, and sociology.
Lawfare: Waging War through Law
by Cristiano Zanin Martins Valeska Teixeira Martins Rafael ValimThis book examines one of the most emblematic cases of lawfare today: the criminal prosecution of former Brazilian President Lula. The authors argue that lawfare is not just a slogan or a game at the service of any one political ideology. Rather, it has to do with a complex, multifaceted phenomenon that should be carefully reflected upon in modern constitutional democracies, given that it is able to demolish majority rule and the rule of law. They contend it is the strategic use of the law with the purpose of delegitimizing, harming or annihilating an enemy. The literature specializing in the subject tends to alternate between analysis of only one aspect of the phenomenon or consists of extensive case studies. In order to fill this gap, this book revisits the subject and offers a sophisticated theoretical approach to lawfare, in an unprecedented combination of theory of war and theory of law. The book will be of interest to students, researchers and policy makers working in the areas of public law, international law, procedural law, anthropology of law and sociology of law, as well as political science and international relations.
Lawless Borders: The Rule of Law Deficit in European Immigration Control
by Elspeth Guild Valsamis Mitsilegas Niovi VavoulaImmigration control in the West has increasingly focused on preventing migrants from reaching the external border and the territory of states. This book provides an in-depth analysis of the evolving preventive immigration control system and highlights the many ways in which contemporary border controls undermine the rule of law. By examining border control practices at the state and European levels (including by EU agencies and through the use of AI), the book explores how these measures affect the rule of law across different areas, including extraterritorial immigration control, control of the external borders and the digitalization of border control. This is an essential resource, presenting a comprehensive and nuanced understanding of today’s border management challenges.
Lawless Zones, Rightless Subjects: Migration, Asylum, and Shifting Borders
by Seyla Benhabib Ayelet ShacharResponding to ever-increasing pressures of migration, states, supranational, and subnational actors deploy complex moves and maneuvers to reconfigure borders, rights, and territory, giving rise to a changing legal cartography of international relations and international law. The purpose of this volume is to study this new reconfiguration of rights, territoriality, and jurisdiction at the empirical and normative levels and to examine its implications for the future of democratic governance within and across borders. Written by a diverse and accomplished group of scholars, the chapters in this volume employ legal, historical, philosophical, critical, discursive, and postcolonial perspectives to explore how the territoriality of the modern states – ostensibly, the most stable and unquestionable element undergirding the current international system – has been rewritten and dramatically reimagined. This title is also available as Open Access on Cambridge Core.
Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
by Leah LitmanAn instant New York Times bestseller! NATIONAL BESTSELLER Something is deeply rotten at the Supreme Court. How did we get here and what can we do about it? Crooked Media podcast host Leah Litman shines a light on the unabashed lawlessness embraced by conservative Supreme Court justices and shows us how to fight back. With the gravitas of Joan Biskupic and the irreverence of Elie Mystal, Leah Litman brings her signature wit to the question of what&’s gone wrong at One First Street. In Lawless, she argues that the Supreme Court is no longer practicing law; it&’s running on vibes. By &“vibes,&” Litman means legal-ish claims that repackage the politics of conservative grievance and dress them up in robes. Major decisions adopt the language and posture of the law, while in fact displaying a commitment to protecting a single minority: the religious conservatives and Republican officials whose views are no longer shared by a majority of the country. Dahlia Lithwick&’s Lady Justice meets Rebecca Traister&’s Good and Mad as Litman employs pop culture references and the latest decisions to deliver a funny, zeitgeisty, pulls-no-punches cri de coeur undergirded by impeccable scholarship. She gives us the tools we need to understand the law, the dynamics of courts, and the stakes of this current moment—even as she makes us chuckle on every page and emerge empowered to fight for a better future.
Lawless: The Miseducation of America's Elites
by Ilya ShapiroIn the past, Columbia Law School produced leaders like Franklin Delano Roosevelt and Ruth Bader Ginsburg. Now it produces window-smashing activists.When protestors at Columbia broke into a building and created illegal encampments, the student-led Columbia Law Review demanded that finals be canceled because of “distress.”Law schools used to teach students how to think critically, advance logical arguments, and respect opponents. Now those students cannot tolerate disagreement and reject the validity of the law itself. Rioting Ivy Leaguers are the same people who will soon:Be America’s judges, DAs, and prosecutorsFile and fight constitutional lawsuitsAdvise Fortune 500 companiesHire other left-wing diversity candidates to staff law firms and government officesRun for higher office with an agenda of only enforcing laws that suit left-wing whimsIn Lawless, Ilya Shapiro explains how we got here and what we can do about it. The problem is bigger than radical students and biased faculty—it’s institutional weakness. Shapiro met the mob firsthand when he posted a controversial tweet that led to calls for his firing from Georgetown Law. A four-month investigation eventually cleared him on a technicality but declared that if he offended anyone in the future, he’d create a “hostile educational environment” and be subject to the inquisition again. Unable to do the job he was hired for, he resigned.This cannot continue. In Lawless, Shapiro reveals how the illiberal takeover of legal education is transforming our country. Unless we stop it now, the consequences will be with us for decades.
Lawless: The Obama Administration's Unprecedented Assault on the Constitution and the Rule of Law
by David E. Bernstein a Foreword by Senator Ted CruzLawless documents how President Barack Obama has presided over one constitutional debacle after another—Obamacare; unauthorized wars in the Middle East; attempts to strip property owners, college students, religious groups, and conservative political activists of their rights; and many more. <P><P> Violating his own promises to respect the Constitution’s separation of powers, Obama brazenly ignores Congress when it won’t rubber-stamp his initiatives. “We can’t wait,” he intones when amending Obamacare on the fly or signing a memo legalizing millions of illegal immigrants, as if Congress doing its job as a coequal branch of government somehow permits the president to rule like a dictator, free from the Constitution’s checks and balances. <P> President Obama has also presided over the bold and rampant lawlessness of his underlings. Harry Truman famously said, “The buck stops here.” When confronted with allegations that his administration’s actions are illegal, Obama responds, “So sue me.”
Lawmaking under Pressure: International Humanitarian Law and Internal Armed Conflict
by Giovanni MantillaIn Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s.By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order.Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.
Lawrence and the 1912 Bread and Roses Strike
by Susan Grabski Robert ForrantIncorporated in 1847 on the banks of the Merrimack River, Lawrence, Massachusetts, was the final and most ambitious of New England's planned textile-manufacturing cities developed by the Boston-area entrepreneurs who helped launch the American Industrial Revolution. With a dam and canal system to generate power, by 1912 Lawrence led the world in the production of worsted wool cloth. The Pacific Cotton Mills alone had sales of nearly $10 million and had mechanical equipment capable of producing 800 miles of finished textile fabrics every working day. However, industrial growth was accompanied by worsening health, housing, and working conditions for most of the city's workers. These were the root causes that led to the long, sometimes violent struggle between people of diverse ethnic groups and languages and the city's mill owners and overseers. The 1912 strike--known today as the Bread and Roses Strike--became a landmark moment in history.
Lawrence in Arabia: War, Deceit, Imperial Folly and the Making of the Modern Middle East
by Scott AndersonNATIONAL BESTSELLER • A New York Times Notable Book • Finalist for the National Book Critics Circle Award in Biography • A thrilling and revelatory narrative of one of the most epic and consequential periods in 20th century history – the Arab Revolt and the secret &“great game&” to control the Middle East&“A fascinating book, the best work of military history in recent memory and an illuminating analysis of issues that still loom large today."—The New York Times"Brilliant. . . . A dazzling accomplishment that combines superb historical research with a compelling narrative.&”—The Seattle TimesThe Arab Revolt against the Turks in World War I was, in the words of T. E. Lawrence, &“a sideshow of a sideshow.&” As a result, the conflict was shaped to a remarkable degree by a small handful of adventurers and low-level officers far removed from the corridors of power.At the center of it all was Lawrence himself. In early 1914 he was an archaeologist excavating ruins in Syria; by 1917 he was riding into legend at the head of an Arab army as he fought a rearguard action against his own government and its imperial ambitions. Based on four years of intensive primary document research, Lawrence in Arabia definitively overturns received wisdom on how the modern Middle East was formed.One of the Best Books of the Year: NPR, The Christian Science Monitor, The Seattle Times , St. Louis Post-Dispatch , Chicago Tribune
Laws
by Plato Benjamin JowettA lively dialogue between a foreign philosopher and a powerful statesman, Plato's Laws reflects the essence of the philosopher's reasoning on political theory and practice. It also embodies his mature and more practical ideas about a utopian republic. Plato's discourse ranges from everyday issues of criminal and matrimonial law to wider considerations involving the existence of the gods, the nature of the soul, and the problem of evil. This translation of Plato's Laws by the distinguished scholar Benjamin Jowett is an authoritative choice for students of philosophy, political science, and literature. It is included among Dover Publications' Philosophical Classics, a series that comprises the major works of ancient and modern world philosophy. Low-priced, high-quality, and unabridged, these editions are ideal for teachers and students as well as for general readers.
Laws (Hackett Classics)
by Plato"This is a superb new translation that is remarkably accurate to Plato's very difficult Greek, yet clear and highly readable. The notes are more helpful than those in any other available translation of the Laws since they contain both the information needed by the beginning student as well as analytical notes that include references to the secondary literature for the more advanced reader. For either the beginner or the scholar, this should be the preferred translation."—Christopher Bobonich, Clarence Irving Lewis Professor of Philosophy, Stanford University
Laws and Policies on Surrogacy: Comparative Insights from India
by Harleen KaurThis book is an essential guide on surrogacy, discussing various legal issues that arise in surrogacy cases. It provides a comprehensive coverage to various issues pertaining to surrogacy arrangements due to failure to meet the needs of those involved in surrogacy, be it the intended parents or the surrogate mother, with special emphasis on the most vulnerable party -- the surrogate child. In the wake of this existing imbalance, the call to reform the practice of surrogacy has also increased. The book provides a comprehensive coverage to various laws and policy regulations in existence dealing with surrogacy, and unravels the latest trends and developments happening around the world as surrogacy gains importance. The international perspectives highlight policies and practices being adopted and followed by various nations with regard to surrogacy regulation and associated parenthood rules. This book also analyses some of the significant cross-border disputes revolving around surrogacy, and explores briefly the jurisprudence of the European Court of Human Rights on matters of parentage and citizenship for children born of trans-national surrogacy with special reference to the prospects of a convention on international surrogacy currently being studied by The Hague Conference on Private International Law. Further, it highlights the issues and questions relating to surrogacy arrangements that are so far unresolved and unanswered and suggests measures for improvements to the existing proposed surrogacy legislation in India and need for uniform international regulation. The book is a great resource for legal practitioners, academics, students, policy-makers, infertility clinics, and charitable organizations working on this issue.