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Gender quotas are a controversial policy measure but have increasingly become adopted in Europe. This book explores this phenomenon and how it has come to transform our conception of gender equality. It will appeal to researchers and students of European law and politics, gender studies, institutionalism and comparative constitutionalism.
Constituting Religion examines how activists work to expand or challenge the reach of the shariah court system, and how these legal struggles shape popular understandings of Islam, liberal rights. This title is also available as Open Access.
Through a meticulous detailing of the everyday life of development bureaucracy on the Himalayan borderland, Paper Tiger shifts the frames of the debate on state failure and opens up a refreshingly new understanding of the workings of the contemporary Indian state.
This book examines socio-political constructions of risk related to sexual offending behaviour by and among children and young people, combining theoretical analysis with primary research. The book will appeal to scholars, legal and other professionals, and schools and parents in helping children navigate today's highly sexualised landscape.
All Americans should be deeply troubled by violations of fundamental freedoms in the US 'war on terror'. This is the only comprehensive account of efforts during the Bush and Obama administrations to defend the rule-of-law in criminal prosecutions, courts martial, military commissions, habeas corpus petitions, civil damage actions and civil liberties cases.
This volume provides a genealogy of global economic governance through the history of contracts, examining how and by whom they were designed and legally validated. It will appeal to lawyers, economists, and historians interested in the globalization of markets over the past century.
Malcolm Feeley is one of the founding giants of the law and society field, whose vast scholarship examines legal process from the inner workings of criminal courts to the possibility of prison reform. This volume offers essays by leading law and society scholars who reflect on, analyze, and expand Feeley's scholarship.
Set apart from related literature, this collection anchors trafficking debates in transnational legal theory. Whilst addressing the tensions in the implementation of the Palermo protocols, it exemplifies a labor approach to trafficking and elaborates on what this paradigm shift means in comparison to a human rights or criminal justice approach.
This book examines gift exchanges as a foundational notion both in anthropology and in debates about international economic governance. This title is also available as Open Access on Cambridge Core.
The book mixes theoretical and practical perspectives, providing analysis for crucial impact litigation cases on women's rights, in addition to intricate insights from NGO staff members who have first-hand experience with both women, and state institutions. It further demonstrates the enabling factors that allow NGOs to do such impactful work.
This book explores the inescapable experience of injury and its implications for social inequality in different cultural settings. Authors include social theorists, social scientists and legal scholars, and the subject matter extends to the Middle East and Asia, as well as North America.
All Americans should be deeply troubled by violations of fundamental freedoms in the US 'war on terror'. This is the only comprehensive account of efforts during the Bush and Obama administrations to defend the rule-of-law in criminal prosecutions, courts martial, military commissions, habeas corpus petitions, civil damage actions and civil liberties cases.
Is the Russian justice system actually as unreliable, ineffective and corrupt as we are led to believe? This volume identifies a number of tensions in the everyday life experiences of justice that illuminate some of the less obvious layers of Russian legal tradition.
This book examines socio-political constructions of risk related to sexual offending behaviour by and among children and young people, combining theoretical analysis with primary research. The book will appeal to scholars, legal and other professionals, and schools and parents in helping children navigate today's highly sexualised landscape.
Irene van Oorschot takes the reader on an ethnographic journey through judicial and social-scientific ways of seeing the world, showing how judges and researchers, case files and research methods, theories and narratives become implicated with each other to produce different understandings of the world.
What explains the success of criminal prosecutions against former Latin American officials accused of human rights violations? Why did some judiciaries evolve from unresponsive bureaucracies into protectors of victim rights? Using a theory of judicial action inspired by sociological institutionalism, this book argues that this was the result of deep transformations in the legal preferences of judges and prosecutors. Judicial actors discarded long-standing positivist legal criteria, historically protective of conservative interests, and embraced doctrines grounded in international human rights law, which made possible innovative readings of constitutions and criminal codes. Litigants were responsible for this shift in legal visions by activating informal mechanisms of ideational change and providing the skills necessary to deal with complex and unusual cases. Through an in-depth exploration of the interactions between judges, prosecutors and human rights lawyers in three countries, the book asks how changing ideas about the law and standards of adjudication condition the exercise of judicial power.
How do we know that development aid is reaching those who need it most? The answer is increasingly data. This book cracks open high-level debates over indicators and data, showing the political and economic forces that shape what gets measured and how in HIV finance.
During Myanmar's political opening, intermediaries played a key role in the field of rule of law development.This book brings to light these neglected players, focusing on who they are, the influence they have, their double agency, their challenges and their crucial importance for rule of law progress.
Genocide Never Sleeps provides an ethnographic account of the messy, human process of international criminal justice at the International Criminal Tribunal for Rwanda. It is for readers interested in international criminal justice, human rights, the anthropology of law and contemporary African politics.
As the first analysis of the archives of international courts, examining how these archives produce particular understandings of what the 'international community' is, the book is essential reading for IR and ILAW scholars and archival scientists, as well as historians interested in the relationship between history, memory and law.
With pro bono initiatives identified in over 80 countries, now is a critical time to assess the growing importance of pro bono in civil justice systems. This book examines the forces shaping - and the contestation surrounding - its development within and across national contexts and is essential reading for those seeking to advance access to justice.
This book is valuable for law, sociology, and transitional justice researchers and postgraduate students interested in themes including cause lawyering, the sociology of the professions, the legal profession, gender and the law, the role of law in transition, peace negotiations, truth recovery, amnesties, strategic litigation, and legal ethics.
The book is for anyone interested in rights to and the regulation of natural resources across a range of disciplines. It will be of particular interest to researchers and practitioners concerned with the rights of indigenous peoples and their engagement with the regulation of water.
"In recent years political movements of a decidedly 'anti-establishment' character have taken many countries by storm, and many observers by surprise. Among the characteristics these movements share is that they, and more particularly their leaders, claim uniquely to represent the true, real people of the country, a claim that does not depend upon, but frequently can boast confirmation in electoral victory. For unlike standard-issue coup-ists and putsch-ists, communists and fascists (also anti-establishmentarian until they become established), these movements are not shy of elections. They feed off them"--
"In recent years political movements of a decidedly 'anti-establishment' character have taken many countries by storm, and many observers by surprise. Among the characteristics these movements share is that they, and more particularly their leaders, claim uniquely to represent the true, real people of the country, a claim that does not depend upon, but frequently can boast confirmation in electoral victory. For unlike standard-issue coup-ists and putsch-ists, communists and fascists (also anti-establishmentarian until they become established), these movements are not shy of elections. They feed off them"--
This book provides an empirically grounded framework for studying central governance challenges in various areas of international, transnational and domestic criminal justice policy. The implications cut across subject areas that attract considerable scholarly attention. It will appeal to a wide audience.
In spite of its significant effects on everyday life, the effects of transnational counter-terrorism are not well understood. Drawing on insights from law, international relations, political science and security studies, this study shows the impacts and argues that counter-terrorism is expansionary, rights-limiting and unaccountable.
What is the role of affect in international criminal law and transitional justice in (post-)colonial Africa and beyond? Instead of accepting at face value the commonly held assumption that the law systematically neutralizes emotions, Jonas Bens argues that the law purposefully creates, mobilizes, shapes, and transforms atmospheres and sentiments.
Child pornography and sexual grooming provide case study exemplars of problems that society and law have sought to tackle to avoid both actual and potential harm to children. Yet despite the considerable legal, political and societal concern that these critical phenomena attract, they have not, thus far, been subjected to detailed socio-legal and theoretical scrutiny. How do society and law construct the harms of child pornography and grooming? What impact do constructions of the child have upon legal and societal responses to these phenomena? What has been the impetus behind the expanding criminalisation of behaviour in these areas? Suzanne Ost addresses these and other important questions, exploring the critical tensions within legal and social discourses which must be tackled to discourage moral panic reactions towards child pornography and grooming, and advocating a new, more rational approach towards combating these forms of exploitation.
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