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.

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

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."

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.

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.

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.

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.

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.

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.

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.

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).

The rule of law is a political ideal today endorsed and promoted worldwide. Or is it? In a significant contribution to the field, Nick Cheesman argues that Myanmar is a country in which the rule of law is 'lexically present but semantically absent'. Charting ideas and practices from British colonial rule through military dictatorship to the present day, Cheesman calls upon political and legal theory to explain how and why institutions animated by a concern for law and order oppose the rule of law. Empirically grounded in both Burmese and English sources, including criminal trial records and wide ranging official documents, Opposing the Rule of Law offers the first significant study of courts in contemporary Myanmar. It sheds new light on the politics of courts during dark times and sharply illuminates the tension between the demand for law and the imperatives of order.

Law and medicine can be caught in a tight embrace. They both play a central role in the politics of harm, making decisions regarding what counts as injury and what might be the most suitable forms of redress or remedy. But where do law and medicine converge and diverge in their responses to and understandings of harm and suffering? Using empirical case studies from Europe, the Americas and Africa, The Clinic and the Court brings together leading medical and legal anthropologists to explore this question.

Rule of law is a core Hong Kong value, providing a defensive wall around the territory and protecting its way of life against 'mainlandisation'. Before the 1997 retrocession to China, fears were widespread that the rights and freedoms enjoyed under colonial rule would be eroded, that the rule of law would be weakened and that corruption would increase. Soon, the first blows were struck against the rule of law via an NPCSC ruling which overturned the judgment of the Court of Final Appeal. Successive interventions by Beijing in Hong Kong's legal and political affairs have given rise to fears about the loss of the rule of law and loss of identity. These fears have subsequently provoked mass street demonstrations, including the 'Umbrella Revolution' of 2014. But, as this book shows, Hong Kongers also use less explicit arts of resistance to maintain their identity.

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.

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.

What difference does law make in immigration policymaking? Since the 1970s, networks of progressive attorneys in both the US and France have attempted to use litigation to assert rights for non-citizens. Yet judicial engagement - while numerically voluminous - remains doctrinally curtailed. This study offers new insights into the constitutive role of law in immigration policymaking by focusing on the legal frames, narratives, and performances forged through action in court. Challenging the conventional wisdom that 'cause litigation' has little long-term impact on policymaking unless it produces broad rights-protective principles, this book shows that legal contestation can have important radiating effects on policy by reshaping how political actors approach immigration issues. Based on extensive fieldwork in the United States and France, this book explores the paths by which litigation has effected policy change in two paradigmatically different national contexts.

The twenty-first century has seen a further dramatic increase in the use of quantitative knowledge for governing social life after its explosion in the 1980s. Indicators and rankings play an increasing role in the way governmental and non-governmental organizations distribute attention, make decisions, and allocate scarce resources. Quantitative knowledge promises to be more objective and straightforward as well as more transparent and open for public debate than qualitative knowledge, thus producing more democratic decision-making. However, we know little about the social processes through which this knowledge is constituted nor its effects. Understanding how such numeric knowledge is produced and used is increasingly important as proliferating technologies of quantification alter modes of knowing in subtle and often unrecognized ways. This book explores the implications of the global multiplication of indicators as a specific technology of numeric knowledge production used in governance.

Expressions of support for diversity are nearly ubiquitous among contemporary law firms and corporations. Organizations back these rhetorical commitments with dedicated diversity staff and various diversity and inclusion initiatives. Yet, the goal of proportionate representation for people of color and women remains unrealized. Members of historically underrepresented groups remain seriously disadvantaged in professional training and work environments that white, upper-class men continue to dominate. While many professional labor markets manifest patterns of demographic inequality, these patterns are particularly pronounced in the law and elite segments of many professions. Diversity in Practice analyzes the disconnect between expressed commitments to diversity and practical achievements, revealing the often obscure systemic causes that drive persistent professional inequalities. These original contributions build on existing literature and forge new paths in explaining enduring patterns of stratification in professional careers. These more realistic assessments provide opportunities to move beyond mere rhetoric to something approaching diversity in practice.

China and Islam examines the intersection of two critical issues of the contemporary Islamic revival and an assertive China, questioning the assumption that Islamic law is incompatible with state law. It finds that both Hui and the Party-State invoke, interpret, and make arguments based on Islamic law, a minjian (unofficial) law in China, to pursue their respective visions of 'the good'. Based on fieldwork in Linxia, 'China's Little Mecca', this study follows Hui clerics, youthful translators on the 'New Silk Road', female educators who reform traditional madrasas, and Party cadres as they reconcile Islamic and socialist laws in the course of the everyday. The first study of Islamic law in China and one of the first ethnographic accounts of law in postsocialist China, China and Islam unsettles unidimensional perceptions of extremist Islam and authoritarian China through Hui minjian practices of law.

Contractual One Hundred Years of Legal Experimentation in Global Markets, edited by Grégoire Mallard and Jérôme Sgard, extends the scholarship of law and globalization in two important directions. First, it provides a unique genealogy of global economic governance by explaining the transition from English law to one where global exchanges are primarily governed by international, multilateral, and finally, transnational legal orders. Second, rather than focusing on macro-political organizations, like the League of Nations or the International Monetary Fund, the book examines elements of contracts, including how and by whom they were designed and exactly who (experts, courts, arbitrators, or international organizations) interpreted, upheld, and established the legal validity of these contracts. By exploring such micro-level aspects of market exchanges, this collection unveils the contractual knowledge that led to the globalization of markets over the last century.

This volume focuses on the rise of transnational constitutional laws, primarily created by the interaction between national and international courts, and by the domestic transformation of international law. Through detailed analysis of patterns of institutional formation at key historical junctures in a number of national societies, it examines the social processes that have locked national states into an increasingly transnational constitutional order, and it explains how the growth of global constitutional norms has provided a stabilizing framework for the functions of state institutions. The book adopts a distinctive historical-sociological approach to these questions, examining the deep continuities between national constitutional law and contemporary models of global law. The volume makes an important contribution to the sociology of constitutional law, to the sociology of post-national legal processes, and to the sociology of human rights law. This title is also available as Open Access.

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.

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.

Criminal Defense in China studies empirically the everyday work and political mobilization of defense lawyers in China. It builds upon 329 interviews across China, and other social science methods, to investigate and analyze the interweaving of politics and practice in five segments of the practicing criminal defense bar in China from 2005 to 2015. This book is the first to examine everyday criminal defense work in China as a political project. The authors engage extensive scholarship on lawyers and political liberalism across the world, from seventeenth-century Europe to late twentieth-century Korea and Taiwan, drawing on theoretical propositions from this body of theory to examine the strategies and constraints of lawyer mobilization in China. The book brings a fresh perspective through its focus on everyday work and ordinary lawyering in an authoritarian context and raises searching questions about law and lawyers, politics and society, in China's uncertain future.

In Buried in the Heart, Erin Baines explores the political agency of women abducted as children by the Lord's Resistance Army in northern Uganda, forced to marry its commanders, and to bear their children. Introducing the concept of complex victimhood, she argues that abducted women were not passive victims, but navigated complex social and political worlds that were life inside the violent armed group. Exploring the life stories of thirty women, Baines considers the possibilities of storytelling to reclaim one's sense of self and relations to others, and to generate political judgement after mass violence. Buried in the Heart moves beyond victim and perpetrator frameworks prevalent in the field of transitional justice, shifting the attention to stories of living through mass violence and the possibilities of remaking communities after it. The book contributes to an overlooked aspect of international justice: women's political agency during wartime.

This volume assembles in one place the work of scholars who are making key contributions to a new approach to the United Nations, and to global organizations and international law more generally. Anthropology has in recent years taken on global organizations as a legitimate source of its subject matter. The research that is being done in this field gives a human face to these world-reforming institutions. Palaces of Hope demonstrates that these institutions are not monolithic or uniform, even though loosely connected by a common organizational network. They vary above all in their powers and forms of public engagement. Yet there are common threads that run through the studies included the actions of global institutions in practice, everyday forms of hope and their frustration, and the will to improve confronted with the realities of nationalism, neoliberalism, and the structures of international power.

What does it mean for courts and other legal institutions to be culturally sensitive? What are the institutional implications and consequences of such an aspiration? To what extent is legal discourse capable of accommodating multiple cultural narratives without losing its claim to normative specificity? And how are we to understand meetings of law and culture in the context of formal and informal legal processes, when demands are made to accommodate cultural difference? The encounter of law and culture is a polycentric relation, but these questions draw our attention to law and legal institutions as one site of encounter warranting further investigation, to map out the place of culture in the domains of law by relying on the insights of law, anthropology, politics, and philosophy. Culture in the Domains of Law seeks to examine and answer these questions, resulting in a richer outlook on both law and culture.

This book is an urban ethnographic study of several Muslim women's organisations in northern India. These organisations work to carve out spaces that allow for the articulation of alternative experiences and conceptions of religion and justice that challenge Islamic orthodoxy as well as the monopoly of the Indian state in the domain of family law. While most analyses on reform efforts within Muslim family law in India have focused on women's protection within the state legal system, this book offers the rare opportunity to understand how organised groups of Muslim women's rights activists contest marginalising forces present in the family and criminal courts, Shariat courts, local mosques, workplace, legislature and legal documents. It pushes against troubling assumptions that Islam is incompatible with ideas of women's rights and that the State is the only dispenser of justice, and offers new directions for studies on the dispersed nature of women's identities in Islamic family law.

Using a mix of ethnographic, survey, and comparative historical methodologies, this book offers an unprecedented insight into the corruption economies of Ukrainian and Belarusian universities, hospitals, and secondary schools. Its detailed analysis suggests that political turnover in hybrid political regimes has a strong impact on petty economic crime in service-provision bureaucracies. Theoretically, the book rejects the dominant paradigm that attributes corruption to the allegedly ongoing political transition. Instead, it develops a more nuanced approach that appreciates the complexity of corruption economies in non-Western societies, embraces the local meanings and functions of corruption, and recognizes the stability of new post-transitional regimes in Eastern Europe and beyond. This book offers a critical look at the social costs of transparency, develops a blueprint for a 'sociology of corruption', and offers concrete and feasible policy recommendations. It will appeal to scholars across the social sciences, policymakers and a variety of anti-corruption and social justice activists.

In the decades following the globalization of the world economy, trafficking, forced labor and modern slavery have emerged as significant global problems. States negotiated the Palermo Protocol in 2000 under which they agreed to criminalize trafficking, primarily understood as an issue of serious organized crime. Sixteen years later, leading academics, activists and policy makers from international organizations come together in this edited volume and adopt an inter-disciplinary, multi-stakeholder approach to revisit trafficking through the lens of labor migration and extreme exploitation and, in the process, rethink the law and governance of trafficking. This volume considers many key factors, including the evolving international law on trafficking, the relationship between trafficking, slavery, indenture and domestic migration law and policy as well as newly emergent techniques of governance, including indicators, all with a view to furthering prospects for lasting economic justice in a globalized world.

International and national armed conflicts are usually preceded by a media campaign in which public figures foment ethnic, national, racial or religious hatred, inciting listeners to acts of violence. Incitement on Trial evaluates the efforts of international criminal tribunals to hold such inciters criminally responsible. This is an unsettled area of international criminal law, and prosecutors have often struggled to demonstrate a causal connection between speech acts and subsequent crimes. This book identifies 'revenge speech' as the type of rhetoric with the greatest effects on empathy and tolerance for violence. Wilson argues that inciting speech should be handled under the preventative doctrine of inchoate crimes, but that once international crimes have been committed, then ordering and complicity are the most appropriate forms of criminal liability. Based in extensive original research, this book proposes an evidence-based risk assessment model for monitoring political speech.

The world of dementia care can be a difficult one for carers to navigate, posing new challenges at every stage from diagnosis to end of life. In her ground-breaking investigation, rooted in original empirical data, Rosie Harding explores the regulatory and legal dimensions of caring for a person with dementia. By exploring carers' experiences of dementia care, she critiques the limitations of current approaches to health and social care regulation. This socio-legal work is a new contribution to the study of feminist care ethics, relationality, and vulnerability theory. Duties to Care argues that by understanding the relational contexts that shape everyday experiences of regulatory structures, we will better understand where law is operating to support carers, and where it adds to the difficulties they experience. Ultimately, the challenges that dementia poses will be addressed only if we find solutions that take account of the relationality of life, dementia, and law.

Global lawmaking by international organizations holds the potential for enormous influence over world trade and national economies. Representatives from states, industries, and professions produce laws for worldwide adoption in an effort to alter state lawmaking and commercial behaviors, whether of giant multi-national corporations or micro, small and medium-sized businesses. Who makes that law and who benefits affects all states and all market players. Global Lawmakers offers the first extensive empirical study of commercial lawmaking within the United Nations. It shows who makes law for the world, how they make it, and who comes out ahead. Using extensive and unique data, the book investigates three episodes of lawmaking between the late 1990s and 2012. Through its original socio-legal orientation, it reveals dynamics of competition, cooperation and competitive cooperation within and between international organizations, including the UN, World Bank, IMF and UNIDROIT, as these IOs craft international laws. Global Lawmakers proposes an original theory of international organizations that seek to construct transnational legal orders within social ecologies of lawmaking. The book concludes with an appraisal of creative global governance by the UN in international commerce over the past fifty years and examines prospective challenges for the twenty-first century.

Incarceration of children is rising rapidly throughout of Australia, with indigenous children most at risk of imprisonment. Indigenous and non-indigenous children have been subject to detention in both welfare and justice systems in Australian states and territories since colonization. Countless governments and human rights enquiries have attempted to address the problem of the increasing criminalization of children, with little success. David McCallum traces the history of 'problem children' over several decades, demonstrating that the categories of neglected and offending children are both linked to similar kinds of governing. Institutions and encampments have historically played a significant role in contributing to the social problems of today. This book also takes a theoretical perspective, tracking parallel developments within the human sciences of childhood and theories of race. Applying a social theoretical analysis of these events and the changing rationalities of governing, McCallum challenges our assumptions about how law and governance of children leads to their criminalization and incarceration.

A central theme of law and society is that people's ideas about law and the decisions they make to mobilize law are shaped by community norms and cultural context. But this was not always an established concept. Among the first empirical pieces to articulate this theory was David Engel's 1984 article, 'The Oven Bird's Insiders, Outsiders, and Personal Injuries in an American Community'. Over thirty years later, this article is now widely considered to be part of the law and society canon. This book argues that Engel's article succeeds so brilliantly because it integrates a wide variety of issues, such as cultural transformation, attitudes about law, dispute processing, legal consciousness, rights mobilization, inclusion and exclusion, and inequality. Contributors to this volume explore the influence of Engel's important work, engaging with the possibilities in its challenging hypotheses and provocative omissions related to the legal system and legal process, class conflict and difference, and law in other cultures.

This book addresses some of the most difficult and important debates over injury and law now taking place in societies around the world. The essays tackle the inescapable experience of injury and its implications for social inequality in different cultural settings. Topics include the tension between physical and reputational injuries, the construction of human injuries versus injuries to non-human life, virtual injuries, the normalization and infliction of injuries on vulnerable victims, the question of reparations for slavery, and the paradoxical degradation of victims through legal actions meant to compensate them for their disabilities. 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.

How do legal systems actually operate outside of Western European or North American liberal democracies? To understand law and legal institutions globally, we must go beyond asking if countries comply with idealized, yet under-theorized, rule of law principles to determine how they work in practice. Examining legal regimes across different areas of criminal and civil law in both urban and rural China and Indonesia during distinct periods from 1949 to the present, William Hurst offers a new way of understanding how cases are adjudicated (and with what implications) across authoritarian, developing, post-colonial, and newly democratizing settings. This is the first systematic comparative study of the world's largest Communist and majority-Muslim nations, and the most comprehensive scholarly work in many years on the micro-level workings of either the Chinese or Indonesian legal system at the grassroots, based on a decade of research and extensive fieldwork in multiple Indonesian and Chinese provinces.

Gender quotas are a controversial policy measure. However, over the past twenty years they have been widely adopted around the world and especially in Europe. They are now used in politics, corporate boards, state and local public administration and even in civil society organizations. This book explores this unprecedented phenomenon, providing a unique comparative perspective on gender quotas' adoption across thirteen European countries. It also studies resistance to gender quotas by political parties and supreme courts. Providing up-to-date comprehensive data on gender quotas regulations, Transforming Gender Citizenship proposes a typology of countries, from those which have embraced gender quotas as a new way to promote gender equality in all spheres of social life, to those who have consistently refused gender quotas as a tool for gender equality. Reflecting on divergences and commonalities across Europe, the authors analyze how gender quotas may transform dominant conception of citizenship and gender equality.

Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.

The US 'war on terror' has repeatedly violated fundamental rule of law values. When executive and legislature commit such egregious wrongs, courts represent the ultimate defense. Law's The Performance of Legal Institutions in the US 'War on Terror' offers the first comprehensive account of judicial performance during the sixteen years of the Bush and Obama administrations. Abel examines criminal prosecutions of alleged terrorists, courts martial of military personnel accused of law of war violations, military commission trials of 'high value detainees', habeas corpus petitions by Guantánamo detainees, civil damage actions by victims of both the 'war on terror' and terrorism, and civil liberties violations by government officials and Islamophobic campaigners. Law's Trials identifies successful defenses of the rule of law through qualitative and quantitative analyses, comparing the behavior of judges within and between each category of cases and locating those actions in a comparative history of efforts to redress fundamental injustices.

The US 'war on terror', which Bush declared and Obama continued, repeatedly violated fundamental rule of law values. Law's The Fate of the Rule of Law in the US 'War on Terror' is the first comprehensive account of efforts to resist and correct those violations. It focuses on responses to abuses in Abu Ghraib, efforts by Guantánamo Bay detainees to improve conditions of confinement in and win release, exposés of and efforts to end torture and electronic surveillance, and civilian casualties on the battlefield, including targeted killings. Abel deploys a law and society perspective to construct and analyze detailed narratives of the roles of victims, whistle-blowers, the media, NGOs, lawyers, doctors, politicians, military personnel, foreign governments and international organizations in defending the rule of law. Only by understanding past errors can we hope to prevent their repetition in what promises to be an endless 'war on terror'.

This book critically examines socio-political constructions of risk related to sexual offending behaviour by and among children and young people and charts the rise of harmful sexual or exploitative behaviour among peers, drawing on a range of theoretical frameworks and primary research. Discussion of these behaviours is exhibited against a backdrop of the premature cultural sexualisation of contemporary childhood, which challenges traditional conceptions of childhood, victimhood and gendered sexual identities more broadly. It examines the complexities of peer-based sexual behaviours in a range of settings, including within organisational contexts such as schools and care homes, within families and peer-based relationships, as well as online contexts including sexting and cyberbullying. It draws out the myriad legal, practical and policy challenges of negotiating the boundaries between normal/experimental, risky/problematic and harmful sexual behaviour, and in particular the demarcation between coercion and consent, both for professionals as well as children and young people themselves.

This book focuses on the socio-political environment that allows for the impactful work of NGOs through their proximity to local communities. The book showcases how this space has helped South African women's rights NGOs to bring about crucial legal reforms, which are quite relevant to women's lived realities. Recognizing its limitations, the South African state encourages NGOs to work freely on the ground and with state institutions to ameliorate the conditions for women's rights. The outcome of this state-NGO dynamic can be seen in the numerous human rights gains achieved by NGOs in general, and by women's rights organizations specifically. In addition, vulnerable communities such as women living under customary law have a significantly better chance to access justice. The book then demonstrates the opposite scenario, using Egypt as a case study, where NGOs are viewed as a national threat, and consequently operate under restrictive rules.

Malcolm Feeley, one of the founding giants of the law and society field, is also one of its most exciting, diverse, and contemporary scholars. His works have examined criminal courts, prison reform, the legal profession, legal professionalism, and a variety of other important topics of enduring theoretical interest with a keen eye for the practical implications. In this volume, The Legal Process and the Promise of Justice, an eminent group of contemporary law and society scholars offer fresh and original analyzes of his work. They asses the legacy of Feeley's theoretical innovations, put his findings to the test of time, and provide provocative historical and international perspectives for his insights. This collection of original essays not only draws attention to Professor Feeley's seminal writings but also to the theories and ideas of others who, inspired by Feeley, have explored how courts and the legal process really work to provide a promise of justice.

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.

Since Marcel Mauss published his foundational essay The Gift in 1925, many anthropologists and specialists of international relations have seen in the exchange of gifts, debts, loans, concessions or reparations the sources of international solidarity and international law. Still, Mauss' reflections were deeply tied to the context of interwar Europe and the French colonial expansion. Their normative dimension has been profoundly questioned after the age of decolonization. A century after Mauss, we may what is the relevance of his ideas on gift exchanges and international solidarity? By tracing how Mauss' theoretical and normative ideas inspired prominent thinkers and government officials in France and Algeria, from Pierre Bourdieu to Mohammed Bedjaoui, Grégoire Mallard adds a building block to our comprehension of the role that anthropology, international law, and economics have played in shaping international economic governance from the age of European colonization to the latest European debt crisis. This title is also available as Open Access on Cambridge Core.

Accounts of international criminal courts have tended to consist of reflections on abstract legal texts, on judgements and trial transcripts. Genocide Never Sleeps, based on ethnographic research at the International Criminal Tribunal for Rwanda (ICTR), provides an alternative account, describing a messy, flawed human process in which legal practitioners faced with novel challenges sought to reconfigure long-standing habits and opinions while maintaining a commitment to 'justice'. From the challenges of simultaneous translation to collaborating with colleagues from different legal traditions, legal practitioners were forced to scrutinise that which normally remains assumed in domestic law. By providing an account of this process, Genocide Never Sleeps not only provides a unique insight into the exceptional nature of the ad hoc, improvised ICTR and the day-to-day practice of international criminal justice, but also holds up for fresh inspection much that is naturalised and assumed in unexceptional, domestic legal processes.

Everyday Justice clearly demonstrates the value of revitalizing the category of justice in ethnographic work by revealing how both justice and injustice are woven into everyday life in manifold and widely differing ways. The contributors account for this complexity across multiple particular social relations, places, and times, such that concepts and experiences of justice are made analytically visible without essentializing the construal of justice both as an idea and in practice. In the best scholarly tradition, Everyday Justice provides theoretical readings of justice and injustice, justice and law, and relational justice, each designed to cut through the specificity of myriad social, political, and legal conjunctures in a clarifying way. One outcome is to suggest future research possibilities to readers by highlighting theoretically distinctive yet ethnographically specific questions about justice. Everyday Justice will be essential reading for anyone interested in justice in theory and practice.

The Edge of Law explores the spatial implications of establishing a new legal institution in the wake of violent conflict. Using the example of the establishment of the War Crimes Chamber of the Court of Bosnia and Herzegovina, Alex Jeffrey argues that legal processes constantly demarcate a line of inclusion and materially, territorially and corporally. In contrast to accounts that have focused on the judicial outcomes of these transitional justice efforts, The Edge of Law draws on long-term fieldwork in Bosnia and Herzegovina to focus on the social and political consequences of the trials, tracing the fraught mechanisms that have been used by international and local political elites to convey their legitimacy. This book will be of interest to socio-legal and geographical scholars working in the fields of transitional justice, legal systems, critical geopolitics and criminology.

In the global race to reach the end of AIDS, why is the world slipping off track? The answer has to do with stigma, money, and data. Global funding for AIDS response is declining. Tough choices must be some people will win and some will lose. Global aid agencies and governments use health data to make these choices. While aid agencies prioritize a shrinking list of countries, many governments deny that sex workers, men who have sex with men, drug users, and transgender people exist. Since no data is gathered about their needs, life-saving services are not funded, and the lack of data reinforces the denial. The Uncounted cracks open this and other data paradoxes through interviews with global health leaders and activists, ethnographic research, analysis of gaps in mathematical models, and the author's experience as an activist and senior official. It shows what is counted, what is not, and why empowering communities to gather their own data could be key to ending AIDS.

Hard and soft law developed by international and regional organizations, transgovernmental networks, and international courts increasingly shape rules, procedures, and practices governing criminalization, policing, prosecution, and punishment. This dynamic calls into question traditional approaches that study criminal justice from a predominantly national perspective, or that dichotomize the study of international from national criminal law. Building on socio-legal theories of transnational legal ordering, this book develops a new approach for studying the interaction between international and domestic criminal law and practice. Distinguished scholars from different disciplines apply this approach in ten case studies of transnational legal ordering that address transnational crimes such as money laundering, corruption, and human trafficking, international crimes such as mass atrocities, and human rights abuses in law enforcement. The book provides a comprehensive treatment of the changing transnational nature of criminal justice policymaking and practice in today's globalized world.

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.