LAW AND NATURE CAMBRIDGE STUDIES IN LAW AND SOCIETY

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Law And Nature

Author : David Delaney
ISBN : 1139437003
Genre : Law
File Size : 82.96 MB
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This interdisciplinary study explores the relationship between conceptions of nature and (largely American) legal thought and practice. It focuses on the politics and pragmatics of nature talk as expressed in both extra-legal disputes and their transformation and translation into forms of legal discourse (tort, property, contract, administrative law, criminal law and constitutional law). Delaney begins by considering the pragmatics of nature in connection with the very idea of law and the practice of American legal theorization. He then traces a set of specific political-legal disputes and arguments. The set consists of a series of contexts and cases organized around a conventional distinction between 'external' and 'internal nature': forces of nature, endangered species, animal experiments, bestiality, reproductive technologies, genetic screening, biological defenses in criminal cases, and involuntary medication of inmates. He demonstrates throughout that nearly any construal of 'nature' entails an interpretation of what it is to be (distinctively) human.
Category: Law

Muslim Women S Quest For Justice

Author : Mengia Hong Tschalaer
ISBN : 9781108225724
Genre : Law
File Size : 51.65 MB
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This book is an urban ethnographic study of several Muslim women's organisations in northern India. These organisations work to carve out spaces that allow for the articulation of alternative experiences and conceptions of religion and justice that challenge Islamic orthodoxy as well as the monopoly of the Indian state in the domain of family law. While most analyses on reform efforts within Muslim family law in India have focused on women's protection within the state legal system, this book offers the rare opportunity to understand how organised groups of Muslim women's rights activists contest marginalising forces present in the family and criminal courts, Shariat courts, local mosques, workplace, legislature and legal documents. It pushes against troubling assumptions that Islam is incompatible with ideas of women's rights and that the State is the only dispenser of justice, and offers new directions for studies on the dispersed nature of women's identities in Islamic family law.
Category: Law

Authoritarian Rule Of Law

Author : Jothie Rajah
ISBN : 9781107012417
Genre : Law
File Size : 35.63 MB
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Through a focus on Singapore, this book presents an analysis of authoritarian legalism, showing how prosperity, public discourse, and a rigorous observance of legal procedure enable a reconfigured rule of law - liberal form but illiberal content. It shows how institutions and process become tools to constrain dissenting citizens while protecting those in political power.
Category: Law

Darfur And The Crime Of Genocide

Author : John Hagan
ISBN : 9781107376120
Genre : Law
File Size : 28.36 MB
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In 2004, the State Department gathered more than a thousand interviews from refugees in Chad that verified Colin Powell's UN and congressional testimonies about the Darfur genocide. The survey cost nearly a million dollars to conduct and yet it languished in the archives as the killing continued, claiming hundreds of thousands of murder and rape victims and restricting several million survivors to camps. This book fully examines that survey and its heartbreaking accounts. It documents the Sudanese government's enlistment of Arab Janjaweed militias in destroying black African communities. The central questions are: why is the United States so ambivalent to genocide? Why do so many scholars deemphasize racial aspects of genocide? How can the science of criminology advance understanding and protection against genocide? This book gives a vivid firsthand account and voice to the survivors of genocide in Darfur.
Category: Law

Shifting Legal Visions

Author : Ezequiel A. González-Ocantos
ISBN : 9781107145238
Genre : Law
File Size : 52.22 MB
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An in-depth study of processes of judicial transformation that enabled the success of human rights trials in Latin America.
Category: Law

Diseases Of The Will

Author : Mariana Valverde
ISBN : 0521644690
Genre : Law
File Size : 50.11 MB
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While associated with comfort and pleasure, alcohol has been and is a 'problem' substance, both for medical and political authorities and for many drinkers. In this broad-ranging and innovative historical-sociological investigation, Valverde explores the ways in which both authorities and individual consumers have defined and managed the pleasures and dangers of alcoholic beverages. The author explores the question of free will versus determinism and how it has been challenged by ideas about addiction, morality and psychology during the last 150 years. The book draws on sources from the US, UK, Canada and elsewhere, and covers topics including nineteenth century 'dipsomania', the history of inebriate homes, Alcoholics Anonymous, fetal alcohol education and liquor control. It will appeal to readers in legal studies, criminology, sociology, psychology, social theory and the history of medicine.
Category: Law

The Role Of Customary Law In Sustainable Development

Author : Peter Orebech
ISBN : 9780521859257
Genre : Business & Economics
File Size : 51.91 MB
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For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and northern Norway, this 2006 book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. Customary law consists of underlying social norms that may become the acknowledged law of the land. The key to determining whether a custom constitutes customary law is whether the public acts as if the observance of the custom is legally obligated. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can produce valuable insights into methods of managing resources in a sustainable way.
Category: Business & Economics

Judges Beyond Politics In Democracy And Dictatorship

Author : Lisa Hilbink
ISBN : 9781139466813
Genre : Law
File Size : 70.77 MB
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Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this 2007 book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to take stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.
Category: Law