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Cambridge Studies in Law and Society book cover 1
Cambridge Studies in Law and Society book cover 2
Cambridge Studies in Law and Society book cover 3
Cambridge Studies in Law and Society
Series · 13
books · 2005-2015

Books in series

Lawyers and Regulation book cover
#14

Lawyers and Regulation

The Politics of the Administrative Process

2005

This book is a close study of lawyers who practise occupational safety and health law in the United States, using detailed interview and survey data to explore the roles that lawyers have as representatives of companies, unions, and OSHA (the Occupational Safety and Health Administration). Placed in the context of evolving understandings of regulatory politics as a problem of public-private interaction and negotiation, the book argues that lawyers adapt to multiple roles in what prove to be highly complex settings. The core chapters examine stages of the administrative process where various groups attempt to shape the immediate outcomes and the development of OSHA law. These stages include administrative rulemaking, post-rulemaking litigation of government standards, regulatory enforcement, and compliance counseling by lawyers.
Pakistan's Experience with Formal Law book cover
#45

Pakistan's Experience with Formal Law

An Alien Justice

2013

Law Reform in Pakistan attracts such disparate champions as the Chief Justice of Pakistan, the USAID and the Taliban. Common to their equally obsessive pursuit of 'speedy justice' is a remarkable obliviousness to the historical, institutional and sociological factors that alienate Pakistanis from their formal legal system. This pioneering book highlights vital and widely neglected linkages between the 'narratives of colonial displacement' resonant in the literature on South Asia's encounter with colonial law and the region's post-colonial official law reform discourses. Against this backdrop, it presents a typology of Pakistani approaches to law reform and critically evaluates the IFI funded single-minded pursuit of 'efficiency' during the last decade. Employing diverse methodologies it proceeds to provide empirical support for a widening chasm between popular, at times violently expressed, aspirations for justice and democratically deficient reform designed in distant IFI headquarters that is entrusted to the exclusive and unaccountable Pakistani 'reform club.' Review One "A fascinating and troubling study of Pakistan's judicial system: its history misunderstood by its acolytes, its practice unaltered by countless reforms, its operations a tribulation for its constituents. Siddique analyzes the limits of scholarly reflection and well intentioned reform by placing them alongside the perceptions, strategies and experiences of those who use the system. A powerful and broad-ranging cautionary tale." David Kennedy Manley O. Hudson Professor of Law Director of the Institute for Global Law and Policy Harvard Law School Review Two “This book is a tour de force, bringing together the often forgotten history of British law in colonial India with the important if not at all encouraging story of massively foreign funded rule of law programs in present day Pakistan. The history is a crisp summary, followed by a fascinating first person participant observer report of how rule of law projects actually operate, and a pioneering empirical study of litigation on the ground in a provincial court. Siddique’s innovative multi-disciplinary approach could be a model for similar breakthroughs across the global south.” Duncan Kennedy Carter Professor of General Jurisprudence Harvard Law School Review Three “Osama and I met when he took my research seminar in human rights 15 years ago. In some senses, he was even then on track toward this new book. His exceptional qualities and talents that showed in that earlier period – probity, tenacity in his research and discipline in his writing, a probing intelligence, fresh analysis, endowing his project with imaginative scope and purpose – have only become the more striking. The present work is not easy for the reader to grasp. It demands effort to digest deep description and evaluation. And it rewards that effort. The major themes that Osama develops and methods that he employs set the book apart from most legal scholarship. Political and other historical context informs the description of legal doctrine and its evolution during the period discussed. He deplores the inadequate attention given to Pakistan’s colonial past and its effects on post-colonial Pakistan’s legal system, discourse and reform projects. Discussion ranges from the theoretical framework to descriptions derived from empirical methods of the ordinary lives and experiences of those subject to that system. The author’s critical sense is at work throughout, from evaluation of historical and contemporary approaches to law reform to the use by outside funders of notions like efficiency to direct reform projects. Vaut le voyage.” Henry J. Steiner Jeremiah Smith, Jr. Professor of Law, Emeritus Harvard Law School Review Four “Pakistan’s Experience with Formal Law is a critical exploration of a system that is simultaneously familiar and alien. It departs decisively from all the official and approved pronouncements on legal reform, combining a rich experiential account of the frustrations of law in Pakistan (and throughout South Asia) with a provocative analysis of impoverished agendas of reform that fail to address the perplexities of the post-colonial legal situation.” Marc Galanter John & Rylla Bosshard Professor Emeritus of Law and South Asian Studies University of Wisconsin-Madison Centennial Professor, Department of Law London School of Economics and Political Science Review Five “Osama Siddique has produced a theoretically informed and historically grounded study of Pakistan’s engagement with formal law. This book makes a compelling argument that history matters and the perceptions of ordinary citizens are relevant in crafting a meaningful course towards legal reform. Historians, lawyers, social scientists and policy-makers will read it with profit." Sugata Bose Gardiner Professor of Oceanic History and Affairs Harvard University
Human Rights Under State-Enforced Religious Family Laws in Israel, Egypt and India book cover
#46

Human Rights Under State-Enforced Religious Family Laws in Israel, Egypt and India

2013

About one-third of the world's population currently lives under pluri-legal systems where governments hold individuals subject to the purview of ethno-religious rather than national norms in respect to family law. How does the state-enforcement of these religious family laws impact fundamental rights and liberties? What resistance strategies do people employ in order to overcome the disabilities and limitations these religious laws impose upon their rights? Based on archival research, court observations and interviews with individuals from three countries, Yuksel Sezgin shows that governments have often intervened in order to impress a particular image of subjectivity upon a society, while people have constantly challenged the interpretive monopoly of courts and state-sanctioned religious institutions, re-negotiated their rights and duties under the law, and changed the system from within. He also identifies key lessons and best practices for the integration of universal human rights principles into religious legal systems."
#47

Political and Legal Transformations of an Indonesian Polity

The Nagari from Colonisation to Decentralisation

2013

Political and Legal Transformations of an Indonesian Polity is a long-term study of the historical transformations of the Minangkabau polity of nagari, property relations and the ever-changing dynamic relationships between Minangkabau matrilineal adat law, Islamic law and state law. While the focus is on the period since the fall of President Suharto in 1998, the book charts a long history of political and legal transformations before and after Indonesia's independence, in which the continuities are as notable as the changes. It also throws light on the transnational processes through which legal and political ideas spread and acquire new meanings. The multi-temporal historical approach adopted is also relevant to the more general discussions of the relationship between anthropology and history, the creation of customary law, identity construction, and the anthropology of colonialism.
Why Prison? book cover
#48

Why Prison?

2013

National surveys consistently reveal that an inordinate number of students report high levels of boredom, anger, and stress in school, which often leads to their disengagement from critical learning and social development. If the ultimate goal of schools is to educate young people to become responsible and critically thinking citizens who can succeed in life, understanding factors that stimulate them to become active agents in their own leaning is critical. A new field labeled "positive psychology" is one lens that can be used to investigate factors that facilitate a student’s sense of agency and active school engagement. The purposes of this groundbreaking Handbook are to 1) describe ways that positive emotions, traits, and institutions promote school achievement and healthy social/emotional development 2) describe how specific positive-psychological constructs relate to students and schools and support the delivery of school-based services and 3) describe the application of positive psychology to educational policy making. By doing so, the book provides a long-needed centerpiece around which the field can continue to grow in an organized and interdisciplinary manner. Key features Comprehensive – this book is the first to provide a comprehensive review of what is known about positive psychological constructs and the school experiences of children and youth. Topical coverage ranges from conceptual foundations to assessment and intervention issues to service delivery models. Intrapersonal factors (e.g., hope, life satisfaction) and interpersonal factors (e.g., positive peer and family relationships) are examined as is classroom-and-school-level influences (e.g., student-teacher and school-community relations). Interdisciplinary Focus – this volume brings together the divergent perspectives, methods, and findings of a broad, interdisciplinary community of scholars whose work often fails to reach those working in contiguous fields. Chapter Structure – to insure continuity, flow, and readability chapters are organized as overview, research summary, relationship to student development, examples of real-world applications, and a summarizing table showing implications for future research and practice. Methodologies – chapters feature longitudinal studies, person-centered approaches, experimental and quasi-experimental designs and mixed methods.
European States and Their Muslim Citizens book cover
#49

European States and Their Muslim Citizens

The Impact of Institutions on Perceptions and Boundaries

2013

This book responds to the often loud debates about the place of Muslims in Western Europe by proposing an analysis based in institutions, including schools, courts, hospitals, the military, electoral politics, the labor market, and civic education courses. The contributors consider the way people draw on practical schemas regarding others in their midst who are often categorized as Muslims. Chapters based on fieldwork and policy analysis across several countries examine how people interact in their everyday work lives, where they construct moral boundaries, and how they formulate policies concerning tolerable diversity, immigration, discrimination, and political representation. Rather than assuming that each country has its own national ideology that explains such interactions, contributors trace diverse pathways along which institutions complicate or disrupt allegedly consistent national ideologies. These studies shed light on how Muslims encounter particular faces and facets of the state as they go about their lives, seeking help and legitimacy as new citizens of a fast-changing Europe.
Complementarity in the Line of Fire book cover
#50

Complementarity in the Line of Fire

The Catalysing Effect of the International Criminal Court in Uganda and Sudan

2013

Of the many expectations attending the creation of the first permanent International Criminal Court, the greatest has been that the principle of complementarity would catalyse national investigations and prosecutions of conflict-related crimes and lead to the reform of domestic justice systems. Sarah Nouwen explores whether complementarity has had such an effect in two states subject to ICC Uganda and Sudan. Drawing on extensive empirical research and combining law, legal anthropology and political economy, she unveils several effects and outlines the catalysts for them. However, she also reveals that one widely anticipated effect – an increase in domestic proceedings for conflict-related crimes – has barely occurred. This finding leads to the unravelling of paradoxes that go right to the heart of the functioning of an idealistic Court in a world of real constraints.
Rights for Others book cover
#51

Rights for Others

The Slow Home-Coming of Human Rights in the Netherlands

2013

This is a valuable study of how rights consciousness and human rights consciousness fails to emerge, even in countries that strongly advocate human rights in their external policies, such as the Netherlands. It focuses on this important and widespread paradox about the difficulties of bringing human rights home. A valuable contribution to the global literature on human rights and socio-legal studies.
Religion, Law and Society book cover
#52

Religion, Law and Society

2014

Issues concerning religion in the public sphere are rarely far from the headlines. As a result, scholars have paid increasing attention to religion. These scholars, however, have generally stayed within the confines of their own respective disciplines. To date there has been little contact between lawyers and sociologists. Religion, Law and Society explores whether, how and why law and religion should interact with the sociology of religion. It examines sociological and legal materials concerning religion in order to find out what lawyers and sociologists can learn from each other. A groundbreaking, provocative and thought-provoking book, it is essential reading for lawyers, sociologists and all who are interested in the relationship between religion, law and society in the twenty-first century.
The Experiences of Face Veil Wearers in Europe and the Law book cover
#53

The Experiences of Face Veil Wearers in Europe and the Law

2014

One of the most remarkable aspects pertaining to the legal bans and societal debates on the face veil in Europe is that they rely on assumptions which lack any factual basis. To rectify this, Eva Brems researched the experiences of women who wear a face veil in Belgium and brought her research results together with those of colleagues who did the same in four other European countries. Their findings, which are outlined in this volume, move the current discussion on face veil bans forward by providing a much-needed insider perspective. In addition, a number of legal and social science scholars comment on the empirical findings and on the face veil issue more generally.
Transnational Legal Orders book cover
#55

Transnational Legal Orders

2014

This book offers a path-breaking, empirically grounded theory that reframes the study of law and society. It shifts research from a predominantly national context to one that places transnational, national, and local lawmaking and practice within a single, coherent, analytic frame. By presenting and elaborating a new concept, transnational legal orders, Halliday and Shaffer present an original approach to legal orders that affect fundamental economic and social behaviors. The contributors generate arrays of hypotheses about how transnational legal orders rise and fall, where they compete and cooperate, and how they settle and unsettle. This original theory is applied and developed by distinguished scholars from North America, Europe, and Asia in business law (taxation, corporate bankruptcy, secured transactions, transport of goods by sea), regulatory law (monetary and trade, finance, food safety, climate change), and human rights law (civil and political rights, rule of law, right to health/access to medicines, human trafficking, criminal accountability of political leaders).
Ironies of Colonial Governance book cover
#60

Ironies of Colonial Governance

Law, Custom and Justice in Colonial India

2015

The Indian village council, or panchayat, has long held an iconic place in India. Ironies of Colonial Governance traces the history of that ideal and the attempts to adapt it to colonial governance. Beginning with an in-depth analysis of British attempts to introduce a system of panchayat governance during the early nineteenth century, it analyses the legacies of these actions within the structures of later colonial administrations as well as the early nationalist movement. Particular attention is paid to the ways in which the ideologies of panchayat governance evolved during this period and to the transnational exchange and circulation of panchayat ideologies.
The Quiet Power of Indicators book cover
#61

The Quiet Power of Indicators

Measuring Governance, Corruption, and Rule of Law

2015

Using a power-knowledge framework, this volume critically investigates how major global indicators of legal governance are produced, disseminated and used, and to what effect. Original case studies include Freedom House's Freedom in the World indicator, the Global Reporting Initiative's structure for measuring and reporting on corporate social responsibility, the World Justice Project's measurement of the rule of law, the World Bank's Doing Business index, the World Bank-supported Worldwide Governance Indicators, the World Bank's Country Performance Institutional Assessment (CPIA), and the Transparency International Corruption (Perceptions) index. Also examined is the use of performance indicators by the European Union for accession countries and by the US Millennium Challenge Corporation in allocating US aid funds.

Authors

Osama Siddique
Osama Siddique
Author · 2 books

Osama Siddique اُسامہ صدیق writes fiction as well as non-fiction. He has written historical fiction that encompasses multiple eras ranging from ancient history to the near future as well as the diverse themes of time, religion, philosophy, ideas, architecture, archaeology, arts, iconic figures, progress, political systems, apartheids, evil and dissent. In non-fiction he has written about history of evolution of laws in colonial and post-colonial settings, the elites that capture and control such laws, and their impact on ordinary citizens. He has also written about laws and politics as well as the politics of laws; about laws and society and the sociology of laws; and about rights and their violation as well as enforcement. Dr. Osama Siddique is a Pakistani novelist, legal scholar, teacher and policy reform consultant. He was a Rhodes Scholar at Oxford and holds Masters and Doctoral degrees from Harvard Law School. He has also taught at Harvard Law as the Inaugural Henry J. Steiner Visiting Professor in Human Rights. Osama is also a graduate of Government College University and LUMS and has taught at the latter for many years where he also led the establishment of and headed its Law and Policy School. Osama works in the areas of sociology of law, legal history, human rights, constitutional law, access to justice, and law and development. He also serves on the Senior Faculty of Institute for Global Law & Policy (IGLP) at Harvard. He is also deeply interested in the areas of archeology, ancient and medieval history, literary fiction, science fiction, the natural world, mythology and fantasy. Snuffing Out the Moon is his first novel and set in six distinct historical eras in South Asia. His book 'Pakistan's Experience with Formal Law: An Alien Justice' was declared the best non-fiction book of the year at the Karachi Literature Festival (KLF), 2014. It also won the American Institute of Pakistan Studies (AIPS) Annual Book Prize 2014-15.

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