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This provocative book explores immigration law in Spain and Italy, and exposes the tension between the temporary legal status of most immigrants, and the government emphasis on integration. It demonstrates the connections among immigrants' role as cheap labor - carefully inscribed in law - and their social exclusion and racialization.
Human rights offer the prevailing global approach to social justice, but how they work is far less clear. Through ethnographic case studies in Latin America, Africa, and Asia, this volume of essays by leading scholars offers a rich and varied overview of human rights in practice.
This book explores how notions of justice are negotiated through everyday practices and made to represent the real, the law. It takes on the challenge of mapping the growth of the rule of law criminal justice movement alongside a range of other justice formations and in that process explores the processes by which justice is made.
This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are by leading scholars from both the global South and the global North, and combine empirical research with innovative sociolegal theory on various topics.
Planted Flags examines how the war between Israelis and Palestinians is reflected, mediated, and reinforced through the material and symbolic creation of two tree landscapes.
This book is the product of a collaboration between leading theorists in law and anthropology. It develops an innovative analysis of legal practices. Specifically, it focuses on how law produces persons and things, and develops new approaches to the question of ownership.
This book is the product of a collaboration between leading theorists in law and anthropology. It develops an innovative analysis of legal practices. Specifically, it focuses on how law produces persons and things, and develops new approaches to the question of ownership.
This interdisciplinary study explores the relationship between conceptions of nature and legal thought and practice. Topics include forces of nature, endangered species, animal experiments and bestiality, and Delaney demonstrates throughout that nearly any construal of 'nature' entails an interpretation of what it is to be (distinctively) human.
The Ritual of Rights in Japan rejects the traditional view that Japan is a nation where overt conflict and the assertion of rights are unacceptable. It examines both historical events and contemporary policy, in concluding that rights-based conflict is an important part of Japanese legal, political, and social practice.
This book charts the changing definitions and problematizations of unemployment in Britain over the last century. Utilizing Foucault's work on governmentality, the book uses historical and statistical material to illustrate the relationship between employment, social freedom and the welfare state.
This book is a socio-historical analysis of a community-based system of justice under colonial rule. It traces attempts of Jewish jurists-nationalists to convince the Jewish settler community of Palestine to resolve their private and public disputes without recourse to either traditional religious courts or British-governed state-courts.
Against the backdrop of South Africa's shift from apartheid, this book explores the role of late twentieth century constitutionalism in facilitating political change. This examination of South Africa's constitution-making process provides insights into the role of law in the transition to democracy.
One of the most sought after, and resisted, devices for ethnic conflict management is autonomy. This book, first published in 2000, uses selected countries - including China, Canada, South Africa, former Yugoslavia and Australia - to explore the dialectics of ethnicity and territory as mediated by a variety of forms of autonomy.
Focusing on Britain and the US, this broad-ranging history of moral regulation spans three centuries. It includes discussions of specific moral regulation movements, class analysis and a Foucaultian analysis of the intimate link between the 'governance of others' and the 'governance of the self'.
This is a sociological investigation of the history and uses of alcoholic beverages. It explores the notion of free will versus determinism and includes original research from the US, UK, Canada and Australia. It will appeal to readers in legal studies, criminology, sociology, psychology, social theory and the history of medicine.
This book presents the definitive history of the passport and why it became so important for controlling movement in the modern world. It explores the history of passport laws, the parliamentary debates about those laws, and the social responses to their implementation.
Existing approaches to the relation of law and society have for a long time seen law as either autonomous or grounded in society. Drawing on major theorists, this book is a radically new approach that sees law as both derived from and constitutive of its surrounding social and cultural context.
This book compares workfare policies in the United States and 'active labor policies' in Western Europe that are aimed primarily at the long-term unemployed, unemployed youth, lone parents, immigrants and other vulnerable groups often referred to collectively as the 'socially excluded'. The Europeans maintain that workfare is the best method of bringing the socially excluded back into mainstream society. Although there are differences in terms of ideology and practice, Joel F. Handler argues that there are also significant similarities, especially field-level practices that serve to exclude those who are the least employable or lack other qualifications that agencies favor. The author also examines strategies for reform, including protective labor legislation, the Open Method of Coordination, the reform of social and employment services, and concludes with an argument for a basic income guarantee, which would not only alleviate poverty but also provide clients with an exit option.
This substantive contribution to a sociology of human rights shows how Asian values are compatible with human rights, demonstrating how the global human rights regime can accommodate Asian patriarchalism, while Pacific Asia is itself adapting by means of an 'enforceable benevolence'.
This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are by leading scholars from both the global South and the global North, and combine empirical research with innovative sociolegal theory on various topics.
The TRC was set up to deal with the human rights violations of apartheid. However, its restorative justice approach did not always serve the needs of communities at a local level. Based on detailed fieldwork, this book illustrates the impact of the TRC in urban African communities in Johannesburg.
This book examines and answers the following question - can law, as a cultural practice, apply across cultural boundaries to bind people with vastly different beliefs and practices? The challenge for law is to maintain coherence while at the same time being attuned to the lived reality of people in different places, with different beliefs, engaged in different practices.
This book examines and answers the following question - can law, as a cultural practice, apply across cultural boundaries to bind people with vastly different beliefs and practices? The challenge for law is to maintain coherence while at the same time being attuned to the lived reality of people in different places, with different beliefs, engaged in different practices.
This book presents a political understanding of socio-economic rights by contextualising constitution-makers' and judges' decision-making in terms of Ireland's rich history of people's struggles for justice 'from below' between 1848 and the present. Its theoretical framework incorporates critical legal studies and world-systems analysis. It performs a critical discourse analysis of constitution-making processes in 1922 and 1937 as well as subsequent property, trade union, family and welfare rights case law. It traces the marginalisation of socio-economic rights in Ireland from specific, local and institutional factors to the contested balance of core-peripheral and social relations in the world-system. The book demonstrates the endurance of ideological understandings of state constitutionalism as inherently neutral between interests. Unemployed marches, housing protestors and striking workers, however, provided important challenges and oppositional discourses. Recognising these enduring forms of power and ideology is vital if we are to assess critically the possibilities and limits of contesting socio-economic rights today.
Through interviews with many of the most noteworthy authors in law and society, Conducting Law and Society Research takes students and scholars behind the scenes of empirical scholarship, showing the messy reality of research methods. The challenges and the uncertainties, so often missing from research methods textbooks, are revealed in candid detail. These accessible and revealing conversations about the lived reality of classic projects will be a source of encouragement and inspiration to those embarking on empirical research, ranging across the full array of disciplines that contribute to law and society. For all of the ambiguities and challenges to the social 'scientific' study of law, the reflections found in this book - collectively capturing a portrait of the field through the window of the research efforts - individually remind readers that 'good research' displays not an absence of problems, but the care taken in negotiating them.
Leading international scholars from political science and law/socio-legal studies present new research which focuses on the relationship between judicial review and bureaucratic behaviour. A large number of empirical case studies are presented from various parts of the world to offer an international, interdisciplinary and empirical perspective.
A collection of rich ethnographically grounded case studies which examine how ordinary people across the globe use the law as a form of protest against 'the state'. This process transforms both the law and the people using it and demonstrates that law's enabling and constraining potentials interact in unexpected ways.
A collection of rich ethnographically grounded case studies which examine how ordinary people across the globe use the law as a form of protest against 'the state'. This process transforms both the law and the people using it and demonstrates that law's enabling and constraining potentials interact in unexpected ways.
Everyday Justice destabilizes any essentializing construal of the idea of justice by opening up new approaches to the concept of justice. This timely volume provides rich ethnographic material and locates the question of justice within the texture of specific and particular everyday social relations, places, and times.
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