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Law and Society in Latin America: A New Map (Law, Development and Globalization)
by Cesar Rodriguez GaravitoOver the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.
Law and Society in Malaysia: Pluralism, Religion and Ethnicity (Routledge Law in Asia)
by Andrew Harding Dian A. ShahThis book provides a systematic and interdisciplinary examination of law and legal institutions in Malaysia. It examines legal issues from historical, social, and political perspectives, and discusses the role of law in relation to Malaysian multiculturalism, religion, politics, and society. It shows how the Malaysian legal system is at the heart of debates about how to deal with the country's problems, which include ethnic and religious divisions, uneven and unsustainable development, and political authoritarianism; and it argues that the Malaysian legal system has much to teach other plural polities, nations within the common law tradition, and federal states.
Law and Society: A Sociological Approach
by James J. ChrissThis text introduces students to the study of law from a sociological perspective by focusing on four themes: the relationship between law and society; law in everyday life; the role of race, class and gender in the legal system; and current political debates that are connected to law. While explaining the essentials elements of law, and drawing on scholarly literature and relevant cases, the author does not advocate for normative views on law and the legal system. The text compares laws across various societies, discusses international law, and demonstrates how the laws of certain countries affect those of others--providing readers with insights into the nature of law within any society.
Law and Society: A Sociological Approach
by James J. ChrissThis text introduces students to the study of law from a sociological perspective by focusing on four themes: the relationship between law and society; law in everyday life; the role of race, class and gender in the legal system; and current political debates that are connected to law. While explaining the essentials elements of law, and drawing on scholarly literature and relevant cases, the author does not advocate for normative views on law and the legal system. The text compares laws across various societies, discusses international law, and demonstrates how the laws of certain countries affect those of others--providing readers with insights into the nature of law within any society.
Law and Society: An Introduction
by Cliff Roberson John Harrison WattsIn recent years, legal studies courses have increased the focus on contemporary social issues as part of the curriculum. Law and Society: An Introduction discusses the interface between these two institutions and encourages students in the development of new insights on the topic. The book begins by introducing definitions, classifications, and the
Law and Sustainability: Reshaping the Socio-Economic Order Through Economic and Technological Innovation (Economic and Financial Law & Policy – Shifting Insights & Values #6)
by Koen Byttebier Kim van der BorghtThis book deals with some aspects of the future shape of the socio-economic order which would be founded on sustainability principles and the role of law therein, instead of on the prevailing capitalist economic order. The volume elaborates in particular on how innovation, a crucial aspect of free-market capitalism and its laws which constitute the current socio-economic order, could result in a more sustainable economy which, in turn, could lead to a more sustainable society. Moreover, the book analyses current developments in financial and economic law and evaluates their perks, risks and sustainability levels.The book contains no less than 11 chapters in which a variety of experts share their state-of-the-art insights regarding specific domains of socio-economic life. As such, the book deals with topics that are at present fully under debate in societies, such as student credit and the dangers it entails, cryptocurrencies and how the law tries to regulate this basically private law instrument, groups of companies under Belgian (company) law, a proposal for improving the international monetary system, and seeds and intellectual property rights, besides various other similar themes. The book forms the latest volume of the book series Economic and Financial Law & Policy – Shifting Insights & Values, and fully complies with the series’ goal of critically examining the legal methods and mechanisms that shape the global free markets and proposing alternatives to them. The book will hereby prove a valuable instrument for all researchers investigating these matters, besides policymakers and their advisers as well as all lawyers active in the field of economic law who look for a new perspective on the subject matters dealt with.
Law and Sustainable Development After COVID-19 (Law, Development and Globalization)
by Augustine Edobor Arimoro, Ezinne Mirian Igbokwe, and Tamaraoudoubra Tom EgbeThis book considers the impact of the COVID-19 pandemic on the realisation of the United Nations’ Sustainable Development Goals.Although efforts towards the attainment of the Sustainable Development Goals are ongoing, the COVID-19 pandemic has had a significant impact on these efforts: accentuating inequities, as well as absorbing resources. This book addresses this impact, as it takes up the question of how to ensure global recovery – in line with the target for the Sustainable Development Goals – after the pandemic. Adopting an interdisciplinary approach, but focusing particularly on the role of law and legal frameworks in this recovery, the book considers the effect of the pandemic on key industries such as shipping, insurance, manufacturing, and banking, as well as on the role of the State and non-State actors. Pursuing an explicitly Global South perspective, the book maintains that in the post-COVID era it is the elaboration a rule of law framework that is in sync with both the Global North and South that is crucial if the Sustainable Development Goals are to be achieved.This book will be of value to scholars, students and policymakers working in the general area of law and development, but especially those with specific interests in the United Nations’ Sustainable Development Goals.
Law and Time: Things, Form, And The Enactment Of Law (Social Justice)
by Emily Grabham Sian Beynon-JonesResearch on law's relationship with time has flourished over the past decade. This edited collection aims to put law and time scholarship into wider context, advancing conversations on time and temporalities between socio-legal scholars, anthropologists, sociologists, geographers and historians. Through a diverse range of contributions, the collection explores how legal modalities of time emerge and have effects within wider clusters of social and political action. Themes include: law’s diverse roles in maintaining linear historicist models of time; law’s participation in the materialisation of times; and the unsteady effects of temporal pluralism and polytemporalities in law. De-naturalising the ‘time’ in law and time scholarship, this collection positions time as something that can be enacted and materialised as well as experienced, with distinct implications for questions of social justice.
Law and Youth Work (Empowering Youth and Community Work PracticeýLM Series)
by Mary MaguireThis book offers a practical and straightforward approach to understanding how the law protects, empowers and regulates young people′s lives. The implications for the professional youth worker of a wide range of dilemmas are considered. Workers are encouraged to consider what is meant by rights and, through practical examples, to examine their own beliefs and ethical codes, particularly where they conflict with established rules. The book combines real-life examples with discussion points on some of the key principles of law, inviting readers to consider what it means to be professional and to promote and support young peoples′ rights.
Law and the Christian Tradition in Modern Russia (Law and Religion)
by Paul Valliere and Randall A. PooleThis book, authored by an international group of scholars, focuses on a vibrant central current within the history of Russian legal thought: how Christianity, and theistic belief generally, has inspired the aspiration to the rule of law in Russia, informed Russian philosophies of law, and shaped legal practices. Following a substantial introduction to the phenomenon of Russian legal consciousness, the volume presents twelve concise, non-technical portraits of modern Russian jurists and philosophers of law whose thought was shaped significantly by Orthodox Christian faith or theistic belief. Also included are chapters on the role the Orthodox Church has played in the legal culture of Russia and on the contribution of modern Russian scholars to the critical investigation of Orthodox canon law. The collection embraces the most creative period of Russian legal thought—the century and a half from the later Enlightenment to the Russian emigration following the Bolshevik Revolution. This book will merit the attention of anyone interested in the connections between law and religion in modern times.
Law and the Dead: Technology, Relations and Institutions
by Marc TrabskyThe governance of the dead in the eighteenth and nineteenth centuries gave rise to a new arrangement of thanato-politics in the West. Legal, medical and bureaucratic institutions developed innovative technologies for managing the dead, maximising their efficacy and exploiting their vitality. Law and the Dead writes a history of their institutional life in the nineteenth and twentieth centuries. With a particular focus on the technologies of the death investigation process, including place-making, the forensic gaze, bureaucratic manuals, record-keeping and radiography, this book examines how the dead came to be incorporated into legal institutions in the modern era. Drawing on the writings of philosophers, historians and legal theorists, it offers tools for thinking through how the dead dwell in law, how their lives persist through the conduct of office, and how coroners assume responsibility for taking care of the dead. This historical and interdisciplinary book offers a provocative challenge to conventional thinking about the sequestration of the dead in the nineteenth and twentieth centuries. It asks the reader to think through and with legal institutions when writing a history of the dead, and to trace the important role assumed by coroners in the governance of the dead. This book will be of interest to scholars working in law, history, sociology and criminology.
Law and the Kinetic Environment: Regulating Dynamic Landscapes (Space, Materiality And The Normative Ser.)
by Sarah MarusekThis book addresses the legal-geographical implications of the fact that landscapes are not static, but dynamic. Within the field of legal geography, the spatial relationship of law to landscape is usually considered to be static. Environments are often considered fixed, and consequently inert, as places that literally don’t go anywhere. Typically, then, it is what happens in these places, rather than the place itself, that commands academic attention. In contrast to this static viewpoint, Law and the Kinetic Environment considers how many landscapes are in flux and, as a result, may be seen as dynamic. Natural phenomena, such as oozing lava, moving glaciers, or bubbling geothermal pools, challenge and test the normative conceptualizations of stability of place, property ownership, and legal regulation. Consequently, such dynamic landscapes enliven and transform law, offering new jurisprudential insights into what law is and how it operates in response to the kineticism that, this book argues is, to some degree, inherent in all landscapes. This original engagement with legal geography will appeal to those with general interests in this area, as well as specific concerns with questions of law and place, property and the environment.
Law and the Management of Disasters: The Challenge of Resilience (Law, Science and Society)
by Marta Simoncini Alexia HerwigDisasters raise serious challenges for contemporary legal orders: they demand significant management, but usually amidst massive disruption to the normal functioning of state authority and society. When dealing with disasters, law has traditionally focused on contingency planning and recovery. More recently, however, ‘resilience’ has emerged as a key concept in effective disaster management policies and strategies, aiming at minimising the impact of events, so that the normal functioning of society and the state can be preserved. This book analyses the contribution of law to resilience building by looking at law’s role in the different phases of the disaster regulatory process: risk assessment, risk management, emergency intervention, and recovery. More specifically, it addresses how law can effectively contribute to resilience-oriented distaster management policies, and what legal instruments can support effective resilience-building.
Law and the Passions: Why Emotion Matters for Justice
by Julia J.A. ShawEngaging with the underlying social context in which emotions are a motivational force, Law and the Passions provides a uniquely inclusive commentary on the significance and influence of emotions in the history and continuing development of legal judgment, policy formation, legal practice and legal dogma. Although the emotionality of the law and the use of emotional tropes in legal discourse has become an established focus in recent scholarship, the extent to which emotion and the passions have informed decision-making, decision-avoidance and legal reasoning – rather than as simply an adjunct – is still a matter for critical analysis. As evidenced in a range of illustrative legal cases, emotions have been instrumental in the evolution of key legal principles and have produced many controversial judgments. Addressing the latent influence of fear, hate, love and compassion, the book explores the mutability of law and its transformative power, especially when faced with fluctuating social mores. The textual nature of law and the impact of literary forms on legal actors are also critically examined to further elucidate the idea of law-making as both rational and emotional, and significantly as an essential activity of the empathic imagination. To this end, it is suggested that critical scholarship on law, the passions and emotions not only advances our understanding of the inner workings of law, it constitutes a fundamental part of our moral reasoning, and has the capacity to articulate the conditions for a more dynamic, adaptable, ethical and effective legal institution. This interdisciplinary book will be of interest to scholars and students in the fields of law and literature, legal theory, legal philosophy, law and the humanities, legal aesthetics, sociology of law, politics, law and policy, human rights, general jurisprudence and social justice, as well as cultural studies.
Law and the Public Sphere in Africa: La Palabre and Other Writings (World Philosophies)
by Jean Godefroy BidimaA pioneering collection of essays that casts “an invigorating light on law, politics, public language and social practice in modern Africa” (Africa).Jean Godefroy Bidima’s La Palabre examines the traditional African institution of palaver as a way to create dialogue and open exchange in an effort to resolve conflict and promote democracy. In the wake of South Africa’s Truth and Reconciliation Commissions and the gacaca courts in Rwanda, Bidima offers a compelling model of how to develop an African public space where dialogue can combat misunderstanding. This volume, which includes other essays on legal processes, cultural diversity, memory, and the internet in Africa, offers English-speaking readers the opportunity to become acquainted with a highly original and important postcolonial thinker.“Bidima has done a very important work here which deserves the critical attention of philosophers, political theorists, legal scholars as well the general public.” —Journal of Modern African Studies“Opens promising vistas for legal and political discourse. Its multidisciplinary orientation and the erudition of the author make for a text that has crossover appeal.” —Olúfémi Táíwò, Cornell University“Presents a valuable philosophical argument that will most certainly be of interest to those working on the topics of postconflict justice, peacebuilding, and democratization in Africa.” —African Conflict and Peacebuilding Review
Law and the Social Work Practitioner: A Manual for Practice (Post-Qualifying Social Work Practice Series)
by Keith Brown Rodger White Graeme BroadbentThis book explores the main areas of social work law, including children, mental health and community care. By investigating the meaning of law and some of its underlying value assumptions, it encourages practitioners to reflect on their actions and beliefs, helping them to avoid being a mere ′technician′, and instead, become a competent practitioner. This new text supports busy social workers studying for Post-Qualifying Awards. Each chapter begins with an overview of the rationale for the teaching material provided and sets out clear learning objectives. Case studies, exercises and recommendations for further reading can be found throughout the book.
Law and the Stranger
by Austin Sarat Lawrence Douglas Martha Merrill UmphreyThe six papers presented in this collection "explore the ways in which law, particularly liberal legal regimes, identifies and responds to strangers within and across their borders, both historically and in the present day," to quote the editors (all of Amherst College). Specifically, the papers explore and critique Immanuel Kant's ideas on neighborliness and hospitality in relation to contemporary transnational migration; the ways that the historic relative legal equality of citizens and aliens in the United States has been undermined in recent years by "war on terror" policies and curtailments of public assistance to immigrants; jurisdictional boundary-drawing in the Israeli trials of Azmi Bishara, a Palestinian citizen of Israel and Knesset member, and Marwan Barghouti, a member of the Palestinian Parliament, both tried for allegedly inciting terrorism and both rejecting the jurisdiction of the Israeli criminal courts over their cases; conflict of laws and the possibility of crafting hybrid rules that blend laws across normative boundaries; George Eliot's novel Daniel Deronda and the definition of rights and privileges of Jews, women, and illegitimate children in English law; and illiberalism and antilegalism in utopian literature. Annotation ©2011 Book News, Inc. , Portland, OR (booknews. com)
Law and the Visual: Transition, Transformation, Transmission
by Desmond MandersonIn Law and the Visual, leading legal theorists, art historians, and critics come together to present new work examining the intersection between legal and visual discourses. Proceeding chronologically, the volume offers leading analyses of the juncture between legal and visual culture as witnessed from the fifteenth to the twenty-first centuries. Editor Desmond Manderson provides a contextual introduction that draws out and articulates three central themes: visual representations of the law, visual technologies in the law, and aesthetic critiques of law. A ground breaking contribution to an increasingly vibrant field of inquiry, Law and the Visual will inform the debate on the relationship between legal and visual culture for years to come.
Law and the Wearing of Religious Symbols in Europe
by Erica HowardWritten in accessible language, this book provides a comprehensive analysis of a topical subject that is being widely debated across Europe. The work presents an overview of emerging case law from the European Court of Human Rights and the Court of Justice of the European Union, as well as from national courts and equality bodies in European countries, on the wearing of religious symbols in public spaces. The author persuasively argues that bans on the wearing of religious symbols constitutes a breach of an individual’s human rights and contravene existing anti-discrimination legislation. Fully updated to take account of recent case law, this second edition has been expanded to consider bans in public spaces more generally, including employment, an area where some of the recent developments have taken place.
Law as Punishment / Law as Regulation
by Austin Sarat Lawrence Douglas Martha Merrill UmphreyLaw depends on various modes of classification. How an act or a person is classified may be crucial in determining the rights obtained, the procedures employed, and what understandings get attached to the act or person. Critiques of law often reveal how arbitrary its classificatory acts are, but no one doubts their power and consequence. This crucial new book considers the problem of law's physical control of persons and the ways in which this control illuminates competing visions of the law: as both a tool of regulation and an instrument of coercion or punishment. It examines various instances of punishment and regulation to illustrate points of overlap and difference between them, and captures the lived experience of the state's enterprise of subjecting human conduct to the governance of rules. Ultimately, the essays call into question the adequacy of a view of punishment and/or regulation that neglects the perspectives of those who are at the receiving end of these exercises of state power.
Law as Refuge of Anarchy: Societies without Hegemony or State (Untimely Meditations #15)
by Hermann AmbornA study of communities in the Horn of Africa where reciprocity is a dominant social principle, offering a concrete countermodel to the hierarchical state.Over the course of history, people have developed many varieties of communal life; the state, with its hierarchical structure, is only one of the possibilities for society. In this book, leading anthropologist Hermann Amborn identifies a countermodel to the state, describing communities where reciprocity is a dominant social principle and where egalitarianism is a matter of course. He pays particular attention to such communities in the Horn of Africa, where nonhierarchical, nonstate societies exist within the borders of a hierarchical structured state. This form of community, Amborn shows, is not a historical forerunner to monarchy or the primitive state, nor is it obsolete as a social model. These communities offer a concrete counterexample to societies with strict hierarchical structures.Amborn investigates social forms of expression, ideas, practices, and institutions that oppose the hegemony of one group over another, exploring how conceptions of values and laws counteract tendencies toward the accumulation of power. He examines not only how the nonhegemonic ethos is reflected in law but also how anarchic social formations can exist. In the Horn of Africa, the autonomous jurisdiction of these societies protects against destructive outside influences, offers a counterweight to hegemonic violence, and contributes to the stabilization of communal life. In an era of widespread dissatisfaction with Western political systems, Amborn's study offers an opportunity to shift from traditional theories of anarchism and nonhegemony that project a stateless society to consider instead stateless societies already in operation.
Law for Artists: Copyright, the obscene and all the things in between
by Blu TirohlWritten especially for professional artists and those studying the visual arts, Law for Artists is an accessible guide to those aspects of law that impact on artists and their work. It encompasses a comprehensive range of creative practices including fine art, photography, the graphic and plastic arts, animation, illustration, applied and media arts, as well as fashion, textile and product design. As one of the few academics working in this field Blu Tirohl clearly explains the legal principles - such as intellectual property, censorship, freedom of expression and criminal law - that are relevant to artists working in a range of disciplines. In order to illustrate these key concepts the book includes an engaging collection of examples of artists who have come into conflict with the law, demonstrating precisely the challenges faced by creative practitioners. The author also explores how the establishment co-opts transgressive artists; bringing about a range of contradictions that create legal inconsistencies. While the focus is primarily on UK law, the reader is also given ample information to understand how European law affects them. An entire chapter is also dedicated to the comparative study of US Law through well-known cases, ensuring students have a well-rounded knowledge of the concepts that they need to consider in a professional context. The book also provides additional resources including a list of useful websites, a glossary of key terms, as well as a list of statutes and cases. Law for Artists is an invaluable resource to professional practitioners and art graduates, as well as the academics who instruct them. This insightful publication, the first of its kind, helps introduce artists to the professional practice skills needed to ensure they are well-equipped to deal with working life.
Law for Foreign Business and Investment in China
by Xiaowen Tian Vai Io LoIn trying to establish a presence in China, foreign investors have found it imperative to understand the regulatory environment of this potentially huge market. This book provides an up-to-date overview of the legal framework for doing business in China. It covers such topics as state structure; legislative amendments and enactments on direct foreign investment; the court system; the legal profession; business entities; foreign investment enterprises; contracts; intellectual property; labor and employment; consumer protection; taxation; securities; and dispute resolution. Apart from explaining legal principles, the book highlights liberalisation measures that China has undertaken to fulfil its WTO commitments; elucidates complicated legal concepts with examples of court decisions; discusses relevant foreign trade and investment polices; and includes a glossary of Chinese terms.
Law for Social Workers
by Ann Mcdonald Caroline BallThe fourth edition of this popular text has been expanded to accommodate social workers’ continuing need for a thorough grounding in the statutory framework of local authority practice and the wider legal context of social work in the statutory and voluntary sectors. The separate chapter on social work law in Scotland addresses continuing developments in relation to devolved government and new legislation. Since 1996, the pace of change has been remorseless. Part IV of the Family Law Act has been implemented; youth justice in England and Wales has been substantially reformed; the Human Rights Act 1998 impacts on areas of social work practice; and social security law has been significantly amended. The Adoption and Children Act 2002 will both radically reform the law relating to the adoption of children and significantly amend the Children Act 1989. All these important changes, central to social work practice, are addressed in detail.
Law for Social Workers: Understanding to Praxis
by Sanjoy RoyThis book examines the intersection of legal and social work in India and beyond. It explores the complex reality of laws related to socially disadvantaged groups and how social workers and practitioners navigate it at the ground level.This volume comprehensively analyses how social workers implement strategies and processes effectively through legal frameworks for their clientele. With a blend of theory and hands-on advice, it will enable students to gain a deeper and critical understanding of their roles in making a positive impact in the lives of individuals and communities through legal support. It shifts focus from normative legal concepts and systems to action-oriented roles in the contexts of individuals, families, communities, and organizations. From circumnavigating legal frameworks to implementing effective social work processes and strategies, this book serves as an invaluable resource for anyone seeking to make a positive impact in terms of empowering their community.This book will be useful to students, researchers, educators, and practitioners of social work, sociology, human rights, public policy, and administration. It will also be an invaluable resource for professionals, including those working for the government or NGOs.