Bøger i Cambridge Studies in Law and Society serien

Measuring Justice explores the ways in which South African court and managerial prosecutors deal with the quantification of social phenomena - such as justice, professional work or accountability - and address the radical simplifications of their inherent complexities, misrepresentations and editing as a consequence. While various studies show the concern of professionals about the damaging effects these quantitative forms of accountability have on the creativity, freedom and collaborative nature of expert systems, Mugler shows that the reactions and attitudes of these legal professionals differ substantially. Through careful scrutiny of the everyday work of prosecutors and how they reflect on the relationship between accountability, quantification and law, this book argues that actors who work daily with quantitative accountability measures develop a numerical reflexivity about the process.

Legal mobilization is the process by which individuals invoke their legal rights and use litigation to defend or develop these rights against the government. In recent years, increasing attention has been paid to this phenomenon as it occurs under authoritarian regimes. It is often suggested that, in such situations, legal mobilization is caused by the strategic interests of the ruling elites. Using the case study of post-colonial Hong Kong, where legal mobilization has by no means unfolded as political authorities would wish, Waikeung Tam casts doubt on this contention. To do so, he examines in depth why and how legal mobilization arises under authoritarianism. Tam analyses quantitative data of changes in the Hong Kong judiciary agendas over the last three decades and uses detailed interviews with activists, politicians, cause lawyers, judges and government officials to reveal the complex underlying socio-political forces at play.

This book shows how Rwanda's transitional courts that tried genocide crimes - the gacaca - produced social complicity and cemented authoritarian rule. It is unique for its in-depth investigation of the courts' legal operations: confessions, denunciation, and lay judging, and shows how targeted incentives such as grants of clemency, opportunities for private gain, and career advancement drew the masses into the orbit of the ethnic minority-dominated regime. Using previously untapped data, it illustrates how a decade of mass trials constructed a tacit patronage-driven relationship in which the interests of the citizenry became tied to the authoritarian elite that had discretionary power to grant or withdraw those benefits at will. The operation of law in individual behavior and authoritarian control presented in this volume will be of use to students and scholars in the social sciences, and practitioners interested in criminal law and transitional justice.

This examination of Palestinian experiences of life and death within the context of Israeli settler colonialism broadens the analytical horizon to include those who 'keep on existing' and explores how Israeli theologies and ideologies of security, surveillance and fear can obscure violence and power dynamics while perpetuating existing power structures. Drawing from everyday aspects of Palestinian victimization, survival, life and death, and moving between the local and the global, Nadera Shalhoub-Kevorkian introduces and defines her notion of 'Israeli security theology' and the politics of fear within Palestine/Israel. She relies on a feminist analysis, invoking the intimate politics of the everyday and centering the Palestinian body, family life, memory and memorialization, birth and death as critical sites from which to examine the settler colonial state's machineries of surveillance which produce and maintain a political economy of fear that justifies colonial violence.

Does human rights law work? This book engages in this heated debate through a detailed analysis of thirty years of the right to health - perhaps the most complex human right - in Brazil. Are Brazilians better off three decades after the enactment of the right to health in the 1988 Constitution? Has the flurry of litigation experienced in Brazil helped or harmed the majority of the population? This book offers an in-depth analysis of these complex and controversial questions grounded on a wealth of empirical data. The book covers the history of the recognition of health as a human right in the 1988 Constitution through the Sanitary Movement's campaign and the subsequent three decades of what Ferraz calls the politics and judicialization of health. It challenges positions of both optimists and sceptics of human rights law and will be of interest to those looking for a more nuanced analysis.

Like many countries around the world, Chile is undergoing a political moment when the nature of democracy and its political and legal institutions are being challenged. Senior Chilean legal scholar and constitutional historian Pablo Ruiz-Tagle provides an historical analysis of constitutional change and democratic crisis in the present context focused on Chilean constitutionalism. He offers a comparative analysis of the organization and function of government, the structure of rights and the main political agents that participated in each stage of Chilean constitutional history. Chile is a powerful case study of a Latin American country that has gone through several threats to its democracy, but that has once again followed a moderate path to rebuild its constitutional republican tradition. Not only the first comprehensive study of Chilean constitutional history in the English language from the nineteenth-century to the present day, this book is also a powerful defence of democratic values.

Scholars puzzle over the conditions that make rule of law development in authoritarian settings successful. In this significant contribution, focusing on the decade of Myanmar's political transformation, Kristina Simion explores rule of law assistance through the practice and experience of intermediaries, their capital, strategies and challenges. How do intermediaries influence the field, and the ways in which the rule of law is brokered transnationally? And why do they matter? Simion relates her research to law and sociology to bring to light these neglected players, focusing on who they are, the influence they have, their double agency and their crucial importance in establishing trust and translating rule of law. Relying on rich empirical data collected in Myanmar, the book shares the voices of the individuals that help to steer societal change within authoritarian confines. This socio-legal work offers some insights into why rule of law change in authoritarian settings often does not go expected ways, one of the development field's long unresolved issues.

"China's green transition is often perceived as a lesson in authoritarian efficiency. In just a few years, the state managed to improve air quality, contain dissent, and restructure local industry. Much of this was achieved through top-down, "blunt force" solutions, such as forcibly shuttering or destroying polluting factories. This book argues that China's blunt force regulation is actually a sign of weak state capacity and ineffective bureaucratic control. Integrating case studies with quantitative evidence, it shows how widespread industry shutdowns are used, not to scare polluters into respecting pollution standards, but to scare bureaucrats into respecting central orders. These measures have improved air quality in almost all Chinese cities, but at immense social and economic cost. This book delves into the negotiations, trade-offs, and day-to-day battles of local pollution enforcement to explain why governments employ such costly measures, and what this reveals about a state's powers to govern society"--

"This book will be of interest to researchers and students of law and society, political economy, anthropology, and Asian studies. It offers an original understanding of the paradoxical effects of law in the survival strategies of people who are caught to live and work in precarious circumstances"--

"Lava Jato, a transnational bribery case that started in Brazil and spread throughout Latin America, upended elections and collapsed governments. Why did the investigation gain momentum in some countries but not others? The book traces reforms that enhanced prosecutors' capacity to combat white-collar crime and shows that Lava Jato became a full-blown anti-corruption crusade where reforms were coupled with the creation of aggressive taskforces. For some, prosecutors' unconventional methods were necessary and justified. Others saw dangerous affronts to due process and democracy. Given these controversies, how did voters react to a once-in-a-generation attempt to clean politics? Can prosecutors trigger hope, conveying a message of possible regeneration? Or does aggressive prosecution erode the tacit consensus around the merits of anti-corruption? Prosecutors, Voters and The Criminalization of Corruption in Latin America is a study of the impact of accountability through criminalization, one that dissects the drivers and dilemmas of resolute transparency efforts"--

"This book traces the emergence of secularism as a way of ordering religion-state relations in colonial and post-colonial Northern Nigeria. The book draws on extensive research in six archival repositories on two continents to provide a novel and comprehensive historiography"--

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.