studies in law politics and society 57

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Studies In Law Politics And Society

Author : Austin Sarat
ISBN : 9781780526225
Genre : Law
File Size : 20. 79 MB
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Contains an international and interdisciplinary array of legal scholarship. This work illuminates the law's response to its social context as well as the way law shapes that context. It shows how legal scholars contribute to public debate about contemporary issues as well as how they articulate the nature of rights and the limits of law.

The Constitution Of The Criminal Law

Author : R. A. Duff
ISBN : 9780191655289
Genre : Law
File Size : 29. 75 MB
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The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.

Unspeakable Subjects

Author : Nicola Lacey
ISBN : 9781847311474
Genre : Law
File Size : 75. 10 MB
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Nicola Lacey's book presents a feminist critique of law based on an analysis of the ways in which the very structure or method of modern law is gendered. All of the essays in the book therefore engage at some level with the question of whether there are things of a general nature to be said about what might be called the sex or gender of law. Ranging across fields including criminal law,public law and anti-discrimination law, the essays examine the conceptual framework of modern legal practices: the legal conception of the subject as an individual; the concepts of equality, freedom, justice and rights; and the legal construction of public and private realms and of the relations between individual, state and community. They also reflect upon the deployment of law as a means of furthering feminist ethical and political values. At a more general level, the essays contemplate the relationship between feminist and other critical approaches to legal theory; the relationship between the ideas underlying feminist legal theory and those informing contemporary developments in social and political theory; and the nature of the relationship between feminist legal theories and feminist legal politics. The essays in this book tell the story of an intellectual journey which has led the author to question some of the central assumptions of traditional legal education and scholarship. They also set out a distinctive vision of jurisprudence as a form of critical social theory.

The Politics Of Freedom Of Expression

Author : Mark J Richards
ISBN : 9781137277589
Genre : Law
File Size : 87. 35 MB
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The principle of content-neutrality is the cornerstone of freedom of expression jurisprudence, protecting the core values of freedom of speech set out in the first amendment, whilst also enabling the government to place reasonable restrictions on protected speech. The Politics of Freedom of Expression examines the US Supreme Court's decision-making in freedom of expression cases, from the Earl Warren Court in 1953 to the 2012 decisions of the John Roberts Court, assessing the extent to which the justices take into consideration their own political attitudes, jurisprudence and external factors such as federal government participation. In doing so, the book highlights the role of the civil rights movement in developing the content-neutrality jurisprudential regime. Establishing 'jurisprudential regime theory' as a framework for incorporating the various factors that can affect decision-making, the author draws on quantitative, qualitative and interpretive methods in order to analyse the justices' changing treatment of content-based and content-neutral cases over time. This unique theoretical approach allows the text to push beyond the traditional 'law versus politics' debate in order to critically evaluate the importance of content-neutrality to the Supreme Court's decision-making, and to compare decision-making in the US with Canada, Germany, Japan and the UK.

European Muslims Civility And Public Life

Author : Paul Weller
ISBN : 9781441144478
Genre : Religion
File Size : 53. 66 MB
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This collection deals with challenges and opportunities faced by Muslims and the wider society in Europe following the Madrid train bombings of 2004 and the London Transport attacks of 2005. The contributors explore the challenges to the concept and practice of civility in public life within a European context, and demonstrate the contributions that can be made in this regard from the thought and practice of the global movement inspired by the Turkish Muslim scholar Fethullah Gülen. The importance and distinctiveness of the teaching of Fethullah Gülen and the practice of the movement is that it is rooted in a confident Turkish Islamic heritage while being fully engaged with modernity. It offers the possibility of a contextualised renewal of Islam for Muslims in Europe while being fully rooted in the teachings of the Qu'ran and the Sunnah of the Prophet. This volume is an important contribution to the study of the movement, which advocates the freedom of religion while making an Islamic contribution to the wider society based on a commitment to service of others. The movement and initiatives inspired by the Turkish Muslim scholar Fethullah Gülen began in Turkey, but can now be found throughout the world, including in both Europe and in the 'Muslim world'. Bloomsbury have a companion volume on The Muslim World and Politics in Transition: Creative Contributions of the Gülen Movement, edited by Greg Barton, Paul Weller and Ihsan Yilmaz.

Group Politics And Social Movements In Canada Second Edition

Author : Miriam Smith
ISBN : 9781442606975
Genre : Political Science
File Size : 34. 89 MB
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Group Politics and Social Movements in Canada, Second Edition updates and expands its exploration of a wide range of organized group and social movement activity in Canadian politics. Particularly distinctive is the inclusion of Quebec nationalism and Aboriginal politics. Many other areas of collective activity are also included: the Occupy movement and anti-poverty organizing, ethnocultural political mobilization, disability, lesbian and gay politics, feminism, farmers and organized interests in agriculture, Christian evangelical groups, environment, and health movements. Contributors to the collection employ a number of theoretical perspectives from political science and sociology to describe the evolution of organized groups and movements and to evaluate successes in exercising influence on Canadian politics. Each chapter provides an overview of the group or movement along with an account of its main networks and organizations, strategies, goals, successes, and failures.

Sociological Perspectives On Law Contemporary Debates

Author : Roger B. M. Cotterrell
ISBN : 0754621286
Genre : Retssociologi
File Size : 51. 85 MB
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What does it mean to adopt a sociological perspective on law? Treating law as an aspect of social life, part of a larger social environment, the aim is to understand the environment and law's place within it systematically and empirically. The papers in these two volumes reflect the variety of these sociological perspectives and have been carefully selected from the wide range of literature currently available.

Law And Politics

Author : Mauro Zamboni
ISBN : 9783540739265
Genre : Law
File Size : 36. 71 MB
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This book reconstructs and classifies, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. It presents a possible explanation as to why different legal theories, though often reaching diametric results, somehow must still begin from common basic points.

Getting Into Local Power

Author : Romain Garbaye
ISBN : 9781444355543
Genre : Political Science
File Size : 64. 59 MB
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This book presents a comparison of the patterns of ethnic minority politics in British and French city politics. A comparison of the participation of ethnic minorities in British and French cities Includes direct comparisons of particular cities Birmingham, Lille and Roubaix Shows how ethnic and cultural diversity translates into political conflict in different political systems Considers styles of political mobilisation of ethnic minorities in the context of urban political systems, as well as the strategies used by party leaders and to manage ethnic diversity in political competition Analyses how ethnic and cultural diversity in urban societies translates into conflictual politics Enhances our understanding of local politics and of the evolution of political representation in industrialised democracies

The Teachings Of Modern Orthodox Christianity On Law Politics And Human Nature

Author : John Witte
ISBN : UVA:X030261984
Genre : Religion
File Size : 89. 63 MB
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The Teachings of Modern Orthodox Christianity on Law, Politics, and Human Natureexamines how modern Orthodox Christian thinkers have answered the most pressing political, legal, and ethical questions of our time. It discusses the enduring teachings of important Orthodox Christian intellectuals of the late nineteenth and twentieth centuries. Leading contemporary scholars analyze these thinkers' views on the nature and purpose of law and authority, the limits of rule and obedience, the care of the needy and innocent, the ethics of war and violence, and the separation of church and state, among other themes. A diverse and powerful portrait of Orthodox Christian legal and political thought, this volume underscores the various ways Orthodox Christian intellectuals have shaped modern debates over the family, the state, religion, and society. The book concentrates on Russian philosophers Vladimir Soloviev (1853-1900) and Vladimir Lossky (1903-1958); Russian theologian Nicholas Berdyaev (1874-1948); Russian nun and social reformer Mother Maria Skobtsova (1891-1945); and Romanian theologian Dumitru St?niloae (1903-1993).

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