The Anthropology of Justice

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Publisher : Cambridge University Press
ISBN 13 : 9780521367400
Total Pages : 136 pages
Book Rating : 4.3/5 (674 download)

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Book Synopsis The Anthropology of Justice by : Lawrence Rosen

Download or read book The Anthropology of Justice written by Lawrence Rosen and published by Cambridge University Press. This book was released on 1989-06-15 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law has often been seen as a relatively autonomous domain, one in which a professional elite sharply control the impact of broader social relations and cultural concepts. By contrast this study asserts that the analysis of legal systems, like the analysis of social systems generally, requires an understanding of the concepts and relationships encountered in everyday social life. Using as its substantive base the Islamic law courts of Morocco, the study explores the cultural basis of judicial discretion. From the proposition that in Arabic culture relationships are subject to considerable negotiation the idea is developed that the shaping of facts in a court of law, the use of local experts, and the organization of the judicial structure all contribute to the reliance on local concepts and personnel to inform the range of judicial discretion. By drawing comparisons with the exercise of judicial discretion in America the study demonstrates that cultural concepts deeply inform the evaluation of issues and the shapes of a judge's decision. The Anthropology of Justice is not only the first full-scale study of the actual operations of the actual operations of a modern Islamic law court anywhere in the Arab world but a demonstration of the theoretical basis on which a cultural analysis of the law may be founded.

Substantial Justice

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Publisher : Berghahn Books
ISBN 13 : 1845459229
Total Pages : 333 pages
Book Rating : 4.8/5 (454 download)

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Book Synopsis Substantial Justice by : Michael Goddard

Download or read book Substantial Justice written by Michael Goddard and published by Berghahn Books. This book was released on 2009-07-01 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papua New Guinea's village court system was introduced in 1974, partly in an effort to overcome the legal, geographical, and social distance between village societies and the country's formal courts. There are now more than 1100 village courts all over PNG, hearing thousands of cases each week. This anthropological study is grounded in ethnographic research on three different village courts and the communities they serve. It also explores the colonial historical background to the establishment of the village court system, and the local and global processes influencing the efforts of village courts to deal with everyday disputes among grassroots Melanesians.

Public Justice and the Anthropology of Law

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Publisher : Cambridge University Press
ISBN 13 : 1139493191
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Public Justice and the Anthropology of Law by : Ronald Niezen

Download or read book Public Justice and the Anthropology of Law written by Ronald Niezen and published by Cambridge University Press. This book was released on 2010-10-21 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this powerful, timely study Ronald Niezen examines the processes by which cultural concepts are conceived and collective rights are defended in international law. Niezen argues that cultivating support on behalf of those experiencing human rights violations often calls for strategic representations of injustice and suffering to distant audiences. The positive impulse behind public responses to political abuse can be found in the satisfaction of justice done. But the fact that oppressed peoples and their supporters from around the world are competing for public attention is actually a profound source of global difference, stemming from differential capacities to appeal to a remote, unknown public. Niezen's discussion of the impact of public opinion on law provides fresh insights into the importance of legally-constructed identity and the changing pathways through which it is being shaped - crucial issues for all those with an interest in anthropology, politics and human rights law.

Impulse to Act

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Publisher : Indiana University Press
ISBN 13 : 0253023262
Total Pages : 284 pages
Book Rating : 4.2/5 (53 download)

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Book Synopsis Impulse to Act by : Othon Alexandrakis

Download or read book Impulse to Act written by Othon Alexandrakis and published by Indiana University Press. This book was released on 2016-10-03 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: What drives people to take to the streets in protest? What is their connection to other activists and how does that change over time? How do seemingly spontaneous activist movements emerge, endure, and evolve, especially when they lack a leader and concrete agenda? How does one analyze a changing political movement immersed in contingency? Impulse to Act addresses these questions incisively, examining a wide range of activist movements from the December 2008 protests in Greece to the recent chto delat in Russia. Contributors in the first section of this volume highlight the affective dimensions of political movements, charting the various ways in which participants coalesce around and belong to collectives of resistance. The potent agency of movements is highlighted in the second section, where scholars show how the emerging actions and critiques of protesters help disrupt authoritative political structures. Responding to the demands of the field today, the novel approaches to protest movements in Impulse to Act offer new ways to reengage with the traditional cornerstones of political anthropology.

The Anthropology of Law

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Publisher : Oxford University Press
ISBN 13 : 0199696845
Total Pages : 281 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Anthropology of Law by : Fernanda Pirie

Download or read book The Anthropology of Law written by Fernanda Pirie and published by Oxford University Press. This book was released on 2013-10 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Questions about the nature of law, its relationship with custom, and the form of legal rules, categories and claims, are placed at the centre of this challenging, yet accessible, introduction. Anthropology of law is presented as a distinctive subject within the broader field of legal anthropology, suggesting new avenues of inquiry for the anthropologist, while also bringing empirical studies within the ambit of legal scholarship.

Anthropology and Law

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Author :
Publisher : NYU Press
ISBN 13 : 1479836850
Total Pages : 429 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Anthropology and Law by : Mark Goodale

Download or read book Anthropology and Law written by Mark Goodale and published by NYU Press. This book was released on 2017-05-02 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: An introduction to the anthropology of law that explores the connections between law, politics, and technology From legal responsibility for genocide to rectifying past injuries to indigenous people, the anthropology of law addresses some of the crucial ethical issues of our day. Over the past twenty-five years, anthropologists have studied how new forms of law have reshaped important questions of citizenship, biotechnology, and rights movements, among many others. Meanwhile, the rise of international law and transitional justice has posed new ethical and intellectual challenges to anthropologists. Anthropology and Law provides a comprehensive overview of the anthropology of law in the post-Cold War era. Mark Goodale introduces the central problems of the field and builds on the legacy of its intellectual history, while a foreword by Sally Engle Merry highlights the challenges of using the law to seek justice on an international scale. The book’s chapters cover a range of intersecting areas including language and law, history, regulation, indigenous rights, and gender. For a complete understanding of the consequential ways in which anthropologists have studied, interacted with, and critiqued, the ways and means of law, Anthropology and Law is required reading.

Transitional Justice in Law, History and Anthropology

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Publisher : Routledge
ISBN 13 : 9781032090771
Total Pages : 206 pages
Book Rating : 4.0/5 (97 download)

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Book Synopsis Transitional Justice in Law, History and Anthropology by : Taylor & Francis Group

Download or read book Transitional Justice in Law, History and Anthropology written by Taylor & Francis Group and published by Routledge. This book was released on 2021-06-30 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional justice seeks to establish a break between the violent past and a peaceful, democratic future, and is based on compelling frameworks of resolution, rupture and transition. Bringing together contributions from the disciplines of law, history and anthropology, this comprehensive volume challenges these frameworks, opening up critical conversations around the concepts of justice and injustice; history and record; and healing, transition and resolution. The authors explore how these concepts operate across time and space, as well as disciplinary boundaries. They examine how transitional justice mechanisms are utilised to resolve complex legacies of violence in ways that are often narrow, partial and incomplete, and reinforce existing relations of power. They also destabilise the sharp distinction between 'before' and 'after' war or conflict that narratives of transition and resolution assume and reproduce. As transitional justice continues to be celebrated and promoted around the globe, this book provides a much-needed reflection on its role and promises. It not only critiques transitional justice frameworks but offers new ways of thinking about questions of violence, conflict, justice and injustice. It was originally published as a special issue of the Australian Feminist Law Journal.

History and Power in the Study of Law

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Author :
Publisher : Cornell University Press
ISBN 13 : 1501723324
Total Pages : 390 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis History and Power in the Study of Law by : June Starr

Download or read book History and Power in the Study of Law written by June Starr and published by Cornell University Press. This book was released on 2018-03-15 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on earlier work in the anthropology of law and taking a critical stance toward it, June Starr and Jane F. Collier ask, "Should social anthropologists continue to isolate the ‘legal’ as a separate field of study?" To answer this question, they confront critics of legal anthropology who suggest that the subfield is dying and advocate a reintegration of legal anthropology into a renewed general anthropology. Chapters by anthropologists, sociologists, and law professors, using anthropological rather than legal methodologies, provide original analyses of particular legal developments. Some contributors adopt an interpretative approach, focusing on law as a system of meaning; others adopt a materialistic approach, analyzing the economic and political forces that historically shaped relations between social groups. Contributors include Said Armir Arjomand, Anton Blok, Bernard Cohn, George Collier, Carol Greenhouse, Sally Falk Moore, Laura Nader, June Nash, Lawrence Rosen, June Starr, and Joan Vincent.

Forensic Anthropology and the United States Judicial System

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Publisher : John Wiley & Sons
ISBN 13 : 111946997X
Total Pages : 246 pages
Book Rating : 4.1/5 (194 download)

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Book Synopsis Forensic Anthropology and the United States Judicial System by : Laura C. Fulginiti

Download or read book Forensic Anthropology and the United States Judicial System written by Laura C. Fulginiti and published by John Wiley & Sons. This book was released on 2019-07-01 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the interface between forensic anthropology and the United States legal system Designed for forensic anthropologists at all levels of expertise, Forensic Anthropology and the United States Judicial System offers a comprehensive examination of how to effectively present osteological analyses, research and interpretations in the courtroom. Written by noted experts, the book contains an historical perspective of the topic, a review of current legislation that affects expert testimony as well as vital information on courtroom procedure and judicial expectation of experts. A comprehensive book, Forensic Anthropology and the United States Judicial System explains how to prepare case reports and offers suggestions for getting ready for pre-trial interviews. The book also includes detailed information on affidavits, fee structures and dealing with opposing experts. This book is part of the popular Wiley – American Association for Forensic Sciences series and: Offers a unique volume that addresses the interface between forensic anthropology and the legal system Contains detailed guidelines for expert testimony by forensic anthropologists with all levels of experience, from beginner to expert Includes information from the perspective of the Judiciary in terms of process and expectations of the Court Shows how to maintain independence from, and collaborate with other experts Presents detailed explanations of current legislation impacting forensic science Forensic Anthropology and the United States Judicial System is an information-filled guide for practitioners of the rapidly growing field that integrates forensic sciences and the judicial system.

Affective Justice

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Publisher : Duke University Press
ISBN 13 : 1478007389
Total Pages : 212 pages
Book Rating : 4.4/5 (78 download)

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Book Synopsis Affective Justice by : Kamari Maxine Clarke

Download or read book Affective Justice written by Kamari Maxine Clarke and published by Duke University Press. This book was released on 2019-11-15 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.

The Oxford Handbook of Law and Anthropology

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Publisher : Oxford University Press
ISBN 13 : 0192577018
Total Pages : 993 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of Law and Anthropology by : Marie-Claire Foblets

Download or read book The Oxford Handbook of Law and Anthropology written by Marie-Claire Foblets and published by Oxford University Press. This book was released on 2022-04-01 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.

Public Justice and the Anthropology of Law

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Publisher :
ISBN 13 : 9780511857065
Total Pages : 254 pages
Book Rating : 4.8/5 (57 download)

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Book Synopsis Public Justice and the Anthropology of Law by : Ronald Niezen

Download or read book Public Justice and the Anthropology of Law written by Ronald Niezen and published by . This book was released on 2010 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this powerful, timely study Ronald Niezen examines the processes by which cultural concepts are conceived and collective rights are defended in international law. Niezen argues that cultivating support on behalf of those experiencing human rights violations often calls for strategic representations of injustice and suffering to distant audiences. The positive impulse behind public responses to political abuse can be found in the satisfaction of justice done. But the fact that oppressed peoples and their supporters from around the world are competing for public attention is actually a profound source of global difference, stemming from differential capacities to appeal to a remote, unknown public. Niezen's discussion of the impact of public opinion on law provides fresh insights into the importance of legally-constructed identity and the changing pathways through which it is being shaped - crucial issues for all those with an interest in anthropology, politics and human rights law"--Provided by publisher.

Praying for Justice

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Publisher : Wakefield Press
ISBN 13 : 9780801496783
Total Pages : 232 pages
Book Rating : 4.4/5 (967 download)

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Book Synopsis Praying for Justice by : Carol J. Greenhouse

Download or read book Praying for Justice written by Carol J. Greenhouse and published by Wakefield Press. This book was released on 1989-10 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""A most stimulating book.... Praying for Justice is very successful in describing a people's aversion to discord by means of cultural analysis based on sensitive use of ethnographic and archival materials.... There is also the pure interest in figuring out a cultural system that is not of law, but that impacts on law, one that is based on justification rather than command, on participation rather than obedience, a system of handling conflict not requiring the application of human authority.... This book is superlative." A welcome study analyzing the ideology of Southern Baptists in a suburban community in Georgia. Greenhouse's concern is how religious beliefs provide a basis for people's ideas about justice in their social order and how conflicts or potential conflicts are overcome or avoided entirely by invoking religious doctrine.... Her sophisticated analysis of the data is impressive and demonstrates an understanding of Southern beliefs that few scholars have achieved. The strength of this work is in its imaginative explanation of the structural means of conflict resolution. Greenhouse goes to painstaking length to explain the Baptist response to conflict.... She absorbs herself in her data and maintains that delicate balance of scholar and confidant to her subjects."--

The Anthropology of Police

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Author :
Publisher : Routledge
ISBN 13 : 1317419081
Total Pages : 236 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis The Anthropology of Police by : Kevin G. Karpiak

Download or read book The Anthropology of Police written by Kevin G. Karpiak and published by Routledge. This book was released on 2018-04-17 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the potential contributions of anthropology to the study of police? Even beyond the methodological particularities and geographic breadth of cultural anthropology, there are a set of conceptual and analytical traditions that have much to bring to broader scholarship in police studies. Including original and international contributions from both senior and emerging scholars, this pioneering book represents a foundational document for a burgeoning field of study: the anthropology of police. The chapters in this volume open up the question of police in new ways: mining the disciplinary legacies of anthropology in order to discover new conceptual tools, methods, and pedagogies; reworking relationships between "police," "public," and "researcher" in ways that open up new avenues for exploration at the same time as they articulate new demands; and retracing a hauntology that, through interactions with individuals and collectives, constitutes a body politic through the figure of police. Illustrating the various ways that anthropology enables a reassessment of the police/violence relationship with a broad consideration of the human stakes at the center, this book will be of interest to criminologists, sociologists, anthropologists, and the broad interdisciplinary field invested in the study of policing, order-making, and governance.

The Life of the Law

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Publisher : Univ of California Press
ISBN 13 : 0520936183
Total Pages : 278 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis The Life of the Law by : Laura Nader

Download or read book The Life of the Law written by Laura Nader and published by Univ of California Press. This book was released on 2002-02-28 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laura Nader, an instrumental figure in the development of the field of legal anthropology, investigates an issue of vital importance for our time: the role of the law in the struggle for social and economic justice. In this book she gives an overview of the history of legal anthropology and at the same time urges anthropologists, lawyers, and activists to recognize the centrality of law in social change. Nader traces the evolution of the plaintiff's role in the United States in the second half of the twentieth century and passionately argues that the atrophy of the plaintiff's power during this period represents a profound challenge to justice and democracy. Taking into account the vast changes wrought in both anthropology and the law by globalization, Nader speaks to the increasing dominance of large business corporations and the prominence of neoliberal ideology and practice today. In her discussion of these trends, she considers the rise of the alternative dispute resolution movement, which since the 1960s has been part of a major overhaul of the U.S. judicial system. Nader links the increasing popularity of this movement with the erosion of the plaintiff's power and suggests that mediation as an approach to conflict resolution is structured to favor powerful--often corporate--interests.

Islam and the Rule of Justice

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Publisher : University of Chicago Press
ISBN 13 : 022651174X
Total Pages : 293 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Islam and the Rule of Justice by : Lawrence Rosen

Download or read book Islam and the Rule of Justice written by Lawrence Rosen and published by University of Chicago Press. This book was released on 2018-03-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.

Corruption and the Secret of Law

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Author :
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409495965
Total Pages : 320 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Corruption and the Secret of Law by : Mr Gerhard Anders

Download or read book Corruption and the Secret of Law written by Mr Gerhard Anders and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents an anthropological perspective on the hidden continuities between corruption and law. The authors argue that the two opposites, corruption and law, are inextricably linked - with the possibility of the former already inscribed into the latter. Taking a critical stance towards the normative good governance agenda spearheaded by institutions such as Transparency International and the World Bank, this volume argues that by uncritically depicting corruption as an absolute evil, these anti-corruption programs disregard the close relationship that exists between corruption and state power. Addressing various aspects of a complex and ambivalent phenomenon, Corruption and the Secret of Law draws on studies from different parts of the world including Burundi, China, Indonesia, Italy, Japan, Mexico and the USA and provides a valuable resource for students, researchers and policy-makers working in this area.