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Law in Light: Priestesses, Priests, and the Revitalization of Akan Spirituality in the United States and Ghana
by Lauren Coyle RosenLaw in Light is a groundbreaking book on the resurgence and transformation of Akan path spiritual communities in the United States and Ghana. Drawing on extensive collaborative ethnographic research, the book offers powerful portraits of priestesses, priests, and others on their spiritual journeys, in their ancestral reconnections, and in their everyday lives. The book spotlights a queen mother, shrine elders, priests, and priestesses of a prominent shrine house in Maryland, as well as leaders at a legendary Asuo Gyebi source shrine in Ghana. In exploring worlds of healing, empowerment, and justice, Lauren Coyle Rosen argues for the importance of two novel theoretical concepts, which she calls copresent jurisdictions and constellations of subjectivity. The book urges a broader retheorization of alternative spiritual orders within contemporary theopolitical, cosmopolitical, and postjuristocratic debates.
Law in Social Work Practice
by Andrea Saltzman David M. Furman Kathleen OhmanWritten by an author team educated in both the law and social work, this book acquaints readers with major state and federal laws, regulations, and court opinions that directly affect social work practice. <p><p>LAW IN SOCIAL WORK PRACTICE, 3rd Edition helps readers understand how to work within the legal system to benefit clients and further client interests, recognize certain client problems as legal, and work effectively with lawyers, as well as how the law shapes and restricts clients' actions. It also addresses how the law regulates social work practice, and how to recognize and respect the rights of clients and others affected by a practitioner's actions.
Law in the Domains of Culture
by Austin Sarat Thomas R. KearnsThe concept of culture is troublingly vague and, at the same time, hotly contested, and law's relations to culture are as complex, varied and disputed as the concept of culture itself. The concept of the traditional, unified, reified, civilizing idea of culture has come under attack. The growth of cultural studies has played an important role in redefining culture by including popular culture and questions of social stratification, power and social conflict. Law and legal studies are relative latecomers to cultural studies. As scholars have come to see law as not something apart from culture and society, they have begun to explore the connections between law and culture. Focusing on the production, interpretation, consumption and circulation of legal meaning, these scholars suggest that law is inseparable from the interests, goals and understandings that deeply shape or compromise social life. Against this background, Law in the Domains of Culture brings the insights and approaches of cultural studies to law and tries to secure for law a place in cultural analysis. This book provides a sampling of significant theoretical issues in the cultural analysis of law and illustrates some of those issues in provocative examples of the genre. Law in the Domains of Culture is designed to encourage the still tentative efforts to forge a new interdisciplinary synthesis, cultural studies of law.
Law of Defamation in Commonwealth Africa (Routledge Revivals)
by Jill CottrellFirst published in 1998, this book is an exposition of the law of defamation as it applies in those countries (excluding South Africa). It discusses or refers to hundreds of cases from those jurisdictions, as well as many important precedents from England, analysing the law and discussing how far the courts have developed their own approaches to the law, and to what extent the law reflects the values of traditional society and customary law. It thus shows how the law is being used in a field which is both intensely political and reflects important social interests. Though directed mainly at legal practitioners, teachers and students, therefore, it would be of interest to the media – the defendants in the overwhelming majority of the cases-and to scholars in the social sciences.
Law of Desire: A Queer Film Classic
by José QuirogaLaw of Desire, one of three inaugural titles in Arsenal Pulp Press' new film book series Queer Film Classics, focuses on the 1987 homoerotic melodrama by Pedro Almodóvar, Spain's most successful contemporary film director.<P> The film Law of Desire is a grand tale of love, lust, and amnesia featuring three main characters: a gay film director (played by Eusebio Poncela); his sister, an actress who was once his brother (Carmen Maura); and a repressed, obsessive stalker (a young Antonio Banderas). In the twenty-plus years since its first release, Law of Desire has been acknowledged as redefining the way in which cinema can portray the difficult affective relationships between homosexuality, gender, and sex. Taking his cue from the golden age of Latin American, American, and European melodrama, Almodóvar created a sentimental yet hard-edged film that believes in the utopian possibilities for new relationships that redeem people from their despair. Since its release, Almodóvar has become an Oscar-winning filmmaker who regularly delves into issues of sexuality, gender, and identity.<P> This book examines the political and social context in which Almodóvar created Law of Desire, as well as its impact on LGBT cinema both in Europe and around the world.
Law of Sex Discrimination 2nd edition
by J. Ralph Lindgren Nadine TaubThis book is designed to serve as a text for undergraduate courses concerned with sex discrimination law in the U.S.
Law of the Sea in East Asia: Issues and Prospects (Routledge Studies in International Law #5)
by Keyuan ZouLaw of the Sea in East Asia selects the most prominent maritime legal issues that have emerged since the post-LOS Convention era for a detailed discussion and assessment. The current marine legal order in East Asia is based on the 1982 United Nations Convention on the Law of the Sea (LOS Convention) and accordingly coastal states in the region are obliged to cooperate amongst themselves to exercise their rights and perform their duties. Keyuan, a respected expert in the fields of international and Chinese law, explores issues concerning compliance with the law of the sea, territorial disputes and maritime boundary delimitation, fishery management, safety of navigation and maritime security, and neglected issues in the law of the sea. This is the first book to examine maritime laws in East Asia, and as such will appeal to academics of law and Asian studies, lawyers and policy makers.
Law's Indigenous Ethics
by John BorrowsLaw’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.
Law's Moving Image
by Ian Christie Elena Loizidou Leslie J Moran Emma SandonThis book is an essential introduction to the complex issues and debates in the field of law and film. It explores interconnections that are usually ignored between law and film through three main themes: A Fantastic Jurisprudence explores representations of law in law Law, Aesthetics and Visual Technologies focuses on the visual aspects of law's moving image Regulation: Histories, Cultures, Practices brings together work on different dimensions and contexts of regulation, censorship, state subsidies and intellectual property to explore the complex inter-relationship between the state, industry and private regulation. Law's Moving Image is an innovative, multi-disciplinary contribution to the rapidly growing fields of study in law and film, law and visual culture, law and culture, criminology, social and cultural studies. It will be of interest to students and academics involved in these areas.
Law's Premises, Law's Promise: Jurisprudence After Wittgenstein
by Thomas MorawetzThis title was first published in 2000: The author is a legal and moral philosopher who has applied the insight and methods of Wittgenstein to a range of topics in constitutional law, criminal law and theories of justice. This collection offers his most important and influential essays, together with an introductory essay which reviews and develops his contribution to legal and moral philosophy.
Law, Capitalism and Power in Asia: The Rule of Law and Legal Institutions (Asian Capitalisms Ser.)
by Kanishka JayasuriyaA challenging and provocative book that contests the liberal assumption that the rule of law will go hand in hand with a transition to market-based economies and even democracy in East Asia. Using case studies from Hong Kong, China, Indonesia, Malaysia, Taiwan, Japan and Vietnam, the authors argue that the rule of law is in fact more likely to provide political elites with the means closely to control civil society. It is essential, therefore, to locate conceptions of judicial independence and the rule of law more generally within the ideological vocabulary of the state.
Law, Climate Emergency and the Australian Megafires
by Nicole RogersThis book addresses the ways in which the Black Summer megafires influenced the development of climate narratives throughout 2020. It analyses the global pandemic, and its ensuing restrictions, as a countervailing force in the production of such narratives. Lives and properties were lost in the spring and summer of 2019 and 2020, when catastrophic bushfires burnt through millions of hectares of mainland Australia. Nearly three billion native animals died. And for millions of Australians, and others worldwide, it was through the Australian megafires that the global climate emergency became tangible, concrete, no longer a comfortably deferred, albeit problematic abstraction which could be consigned to future generations to deal with. This book explores the legal and other implications of new understandings of climate emergency arising from the fires, and the emergence of a hierarchy of emergencies as the pandemic came to dominate global and domestic political discourses. It examines narratives of culpability, and legal avenues for seeking retribution from government and big fossil fuel emitters. It also considers the impact of the fires on the burgeoning phenomenon of climate activism, particularly in Australia, and the ways in which pandemic restrictions curtailed such activism. Finally, the book reflects on the fires through the lenses offered by climate fiction, and apocalyptic fiction more generally, in order to consider how these shape, and might shape, our responses to them. This important and timely book will appeal to environmental lawyers and socio-legal theorists; as well as other scholars and activists with interests in climate change and its impact. It is recommended for anyone concerned about current and future climate disasters, and the shortcomings in legal, political and popular responses to the climate crisis.
Law, Cultural Diversity, and Criminal Defense (Cultural Diversity and Law)
by Lisa Johnson Craig L. CarrAmerican legal scholars have debated for some time the need for a cultural defense in criminal proceedings where minority cultural information seems perti nent to a finding of criminal responsibility in situations where a minority cultural defendant has violated a valid criminal statute. This work presents a systematic analysis of this issue. Drawing from sociological, anthropological, and philosophical materials, as well as traditional legal discussions, the authors develop a scheme that indicates when cultural factors can be used as the basis for such a defense and when they are irrelevant to a finding of criminal responsibility. The argument moves from general concerns of social justice that apply under conditions of social and cultural pluralism to practical policy recommendations for the operation of American criminal justice. It thus connects more theoretical materials with the practical concerns of jurisprudence. The justification for legal recognition of a cultural defense in American criminal law is anchored firmly in American constitutional law.
Law, Culture and the Figure of the Girl: Genre and Gender Violence
by Honni van RijswijkThis book argues for the critical potential of locating the girl as the subject-position and voice of legal critique.Law’s imaginary is notoriously limited in its ways of thinking through and adjudicating gender violence. This book argues that ‘the girl’ is a key figure through which to understand, theorise, and challenge law’s relation to this violence. Law, Culture and the Figure of the Girl explains the meaning and significance of the figure of the girl to legal, political, and critical projects centred on trauma and responsibility. The book offers new readings of exemplary cultural texts that thematically deal with law’s adjudication of violence against girls, emphasising the ways these texts challenge dominant ways of thinking and doing law, jurisdiction, violence, race, and gender. The book also explores radical cultural figurations of the girl in fiction, films, and TV series and demonstrates the critical potential of these works in understanding and providing counter-narratives to dominant legal and cultural imaginaries. These works provide ways not only to critique existing law but to theorise emergent forms of law-making.This book will be of interest to scholars in the areas of cultural legal studies, law and literature, feminist legal studies, and cultural studies. It will also be suitable as a prescribed text for upper undergraduate classes and graduate studies in the disciplines of law, legal studies, cultural studies, and criminology.
Law, Culture, and Africana Studies
by James L. Conyers JrEver since the first contacts between Europe and Africa, African people have been confined to the fringes of Eurocentric experience in the Western mind. Much of what we have studied in African history and culture, or literature and linguistics, or politics and economics, has been orchestrated from the standpoint of Europe's interests. Whether it is a matter of economics, history, politics, geographical concepts, or art, Africans have been seen as peripheral. This volume reviews the past in order to evaluate the present and move ahead with appropriate policies for the future. The authors focus on issues of affirmative action, legal culture, theories of black culture, and methodologies of scholarly work in Africana studies.Contents include: Cecil Blake, ""The Culture Nexus Construct in Africana Studies,"" Ronald Turner, ""On Palatable, Palliative, and Paralytic Affirmative Action, Grutter-Style,"" Winston A. Van Horne, ""Three Concepts of Legitimacy,"" Robert E. Weems, Jr., ""Africana Studies and the Quest for Black Economic Empowerment: What Can be Done,"" Ula Y. Taylor, ""Elijah Muhammad's Nation of Islam: Separatism, Regendering, and a Secular Approach to Black Power after Malcolm X,"" Lewis R. Gordon, ""Must Revolutionaries Sing the Blues? Thinking through Fanon and the Leitmotif of the Black Arts Movement,"" Delores P. Aldridge, ""Race, Gender, and Africana Theorizing,"" and James L. Conyers, ""Biography and Africology: Method and Interpretation."" The volume concludes with reviews of significant recent scholarship on black history and culture.Law, Culture, and Africana Studies will have particular interest for scholars in the fields of American and European studies, cultural studies, history, sociology, and specialists in African-American studies.
Law, Development and Innovation
by Giuseppe Bellantuono Fabiano Teodoro LaraThis book deals with one strand of the intense debate concerning the links between law and development, namely the coordination of innovation processes and legal change. It analyzes how innovation, and ultimately development, can be fostered or hindered by existing or new legal infrastructures. The book includes eleven original contributions from senior and junior scholars and is divided into two parts, the first focusing on theoretical frameworks and the second presenting several case studies on various institutional aspects. A particular strength of this part is its broad geographical coverage, which encompasses the legal frameworks in Europe, the Americas, Africa, and Asia. The contributions collected in this book will be of value to a broad readership. Academic scholars will find useful information on lessons learned from reforms implemented in different areas and come to better understand the methodological hurdles involved in reform assessment. Policymakers in national and international organizations can draw on these studies when designing new programs. Lastly, practitioners in developed and developing countries can use these contributions to promote the success of current or new initiatives.
Law, Drugs and the Making of Addiction: Just Habits
by Kate SeearThis book considers how largely accepted ‘legal truths’ about drugs and addiction are made and sustained through practices of lawyering. Lawyers play a vital and largely underappreciated role in constituting legal certainties about substances and ‘addiction’, including links between alcohol and other drugs, and phenomena such as family violence. Such practices exacerbate, sustain and stabilise ‘addicted’ realities, with a range of implications – many of them seemingly unjust – for people who use alcohol and other drugs. This book explores these issues, drawing upon data collected for a major international study on alcohol and other drugs in the law, including interviews with lawyers, magistrates and judges; analyses of case law; and legislation. Focussing on an array of legal practices, including processes of law-making, human rights deliberations, advocacy and negotiation strategies, and the sentencing of offenders, and buttressed by overarching analyses of the ethics and politics of such practices, the book looks at how alcohol and other drug ‘addiction’ emerges and is concretised through the everyday work lawyers and decision makers do. Foregrounding ‘practices’, the book also shows that law is more fragile than we might assume. It concludes by presenting a blueprint for how lawyers can rethink their advocacy practices in light of this fragility and the opportunities it presents for remaking law and the subjects and objects shaped by it. This ground-breaking book will be of interest not only to those studying and working within the field of alcohol and drug addiction but also to lawyers and judges practising in this area and to scholars in a range of disciplines, including law, science and technology studies, sociology, gender studies and cultural studies
Law, Drugs and the Politics of Childhood: From Protection to Punishment (New Advances in Crime and Social Harm)
by Simon FlacksDebates about the regulation of drugs are inseparable from talk of children and the young. Yet how has this association come to be so strong, and why does it have so much explanatory, rhetorical and political force? The premise for this book is that the relationship between drugs and childhood merits more exploration beyond simply pointing out that children and drugs are both ‘things we tend to get worried about’. It asks what is at stake when legislators, lobbyists and decision-makers revert to claims about children in order to sustain a given legal or policy position. Beginning with a genealogy of the relationship between the discursive artefacts of ‘drugs’ and ‘childhood’, the book draws on Foucauldian methodologies to explore how childhood functions as a device in the biopolitical management of drug use(rs) and supply. In addition to analysing decriminalisation initiatives and sentencing measures, it (unusually) reaches beyond the criminal context to consider the significance of the ‘politics of childhood’ for law- and policymaking in the fields of family justice and education. It concludes by arguing that the currency of childhood and ‘youth’ is not reducible to rhetoric; it shapes the discursive entities of drugs and addiction and is one of the ways in which particular substances become socially, culturally and politically intelligible. At the same time, ‘drugs’ serve as a technology of child normalisation. The book will be essential reading for policymakers as well as researchers and students working in the areas of Criminal Justice, Law, Psychology and Sociology.
Law, Engineering, and the American Right-of-Way: Imagining A More Just Street
by David PrytherchThis book explores the geography of the everyday roadway and contemplates how regulation and design shape our streets. People may question the hegemony of cars, but reimagining public streets is a major conceptual and technical challenge. Drawing from “new mobilities” and transport studies, Prytherch addresses how streets are structured by policy standards; what it means to have a right to the street; and how a more just street would look—in both theory and practice. He summarizes key traffic statutes, case laws, and engineering manuals, and interprets these in relation to mobility rights and justice. At its core, the book moves beyond criticism to highlight emerging movements which aim to develop more complete and livable streets for everyone.
Law, Gender Identity, and the Brain: Exploring Brain-Sex Theories in Judicial Decisions on Trans and Intersex Minors (Gender in Law, Culture, and Society)
by Aileen KennedyThis book challenges law’s reliance on neurology’s brain-sex binary. The brain has become the latest candidate in a historical search for a reliable and fixed biological marker of ‘true sex’ that has permeated every aspect of Western culture, including law. As definitions of the sexed and gendered body have become ever more contentious, the development and dissemination of brain-sex theories have come to dominate popular understanding of LGBTI+ identities. But, this book argues, the brain is no more helpful than earlier biological measures in ensuring just outcomes. Examining how law determines and differentiates ‘male’ and ‘female’ in two contested areas of sexed identity –through a discussion of Australian cases authorising medical interventions to alter the embodied sex characteristics of transgender minors and intersex minors –the book demonstrates an incoherence in the legal understanding of gender identity development. As the brain too fails as a convincing biological anchor for the binary sex categories of male and female, law must, it is argued, retreat from its aspiration to create, define, and regulate artificially bounded sex categories of male and female. This book will be of great interest to scholars and students in a range of disciplines who are working at the intersection of law, gender, and sexuality.
Law, Human Agency and Autonomic Computing: The Philosophy of Law Meets the Philosophy of Technology
by Mireille Hildebrandt Antoinette RouvroyLaw, Human Agency and Autonomic Computing interrogates the legal implications of the notion and experience of human agency implied by the emerging paradigm of autonomic computing, and the socio-technical infrastructures it supports. The development of autonomic computing and ambient intelligence – self-governing systems – challenge traditional philosophical conceptions of human self-constitution and agency, with significant consequences for the theory and practice of constitutional self-government. Ideas of identity, subjectivity, agency, personhood, intentionality, and embodiment are all central to the functioning of modern legal systems. But once artificial entities become more autonomic, and less dependent on deliberate human intervention, criteria like agency, intentionality and self-determination, become too fragile to serve as defining criteria for human subjectivity, personality or identity, and for characterizing the processes through which individual citizens become moral and legal subjects. Are autonomic – yet artificial – systems shrinking the distance between (acting) subjects and (acted upon) objects? How ‘distinctively human’ will agency be in a world of autonomic computing? Or, alternatively, does autonomic computing merely disclose that we were never, in this sense, ‘human’ anyway? A dialogue between philosophers of technology and philosophers of law, this book addresses these questions, as it takes up the unprecedented opportunity that autonomic computing and ambient intelligence offer for a reassessment of the most basic concepts of law.
Law, Insecurity and Risk Control: Neo-Liberal Governance and the Populist Revolt (Crime Prevention and Security Management)
by John PrattThis book examines our contemporary preoccupation with risk and how criminal law and punishment have been transformed as a result of these anxieties. It adopts an historical approach to examine the development of risk control measures used across the US, UK, New Zealand, Australia and Canada - particularly since the 1980’s - with the rise of the "security sanction". It also takes a criminological and sociological approach to analysing shifts in criminal law and punishment and its implications for contemporary society and criminal justice systems. Law, Insecurity and Risk Control analyses the range and scope of the ‘security sanction’ and its immobilizing measures, ranging from control over minor incivilities to the most serious crimes. Despite these innovations, though, it argues that our anxieties about risk have become so extensive that the "security sanction" is no longer sufficient to provide social stability and cohesion. As a consequence, people have been attracted to the ‘magic’ of populism in a revolt against mainstream politics and organisations of government, as with the EU referendum in the UK and the US presidential election of Donald Trump in 2016. While there have been political manoeuvrings to rein back risk and place new controls on it, these have only brought further disillusionment, insecurity and anxiety. This book argues that the "security sanction" is likely to become more deeply embedded in the criminal justice systems of these societies, as new risks to both the well-being of individuals and the nation state are identified.
Law, Justice, and Society in the Medieval World: An Introduction through Film (Fordham Series in Medieval Studies)
by Esther Liberman Cuenca, M. Christina Bruno, and Anthony PerronThis coursebook is the first full-length study of cinematic “legal medievalism,” or the modern interpretation of medieval law in film and popular cultureFor more than a century, filmmakers have used the “Middle Ages” to produce popular entertainment and comment on contemporary issues. Each of the twenty chapters in Law, Justice, and Society in the Medieval World represents an original contribution to our understanding of how medieval regulations, laws, and customs have been depicted in film. It offers a window into the “rules” of medieval society through the lens of popular culture.This book includes analyses of recent and older films, avant-garde as well as popular cinema. Films discussed in this book include Braveheart (1995), Kingdom of Heaven (2005), The Passion of Joan of Arc (1928), The Last Duel (2021), The Green Knight (2021), The Little Hours (2017), and The Adventures of Robin Hood (1938), among others.Each chapter explores the contemporary context of the film in question, the medieval literary or historical milieu the film references, and the lessons the film can teach us about the medieval world. Attached to each chapter is an appendix of medieval documentary sources and reading questions to prompt critical reflection.
Law, Justice, and Society: A Sociolegal Introduction
by Craig Hemmens Anthony WalshAn accessible and lively introduction to the field, Law, Justice, and Society: A Sociolegal Introduction, Fifth Edition, explores the relationship between legal systems and other social institutions using a distinctive sociological point of view. Anthony Walsh and Craig Hemmens provide detailed discussions of the various ways in which law impacts people based on race, class, gender, and age while also introducing students to the origins of the law, the history and development of the American legal system, the sociology of law, court structure, and the difference between civil and criminal law.
Law, Labour and Society in Japan: From Repression to Reluctant Recognition
by Anthony WoodiwissAs Japanese companies establish overseas production facilities at an ever more repid pace, it is increasingly important for people in the host countries to understand the preconceptions upon which the Japanese approach to industrial relations is based. This book traces the development of Japanese labour law and shows how labour law has been related to the prevailing social, economic and political circumstances.