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The Politics Of Juridification
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Book Synopsis The Politics of Juridification by : Mariano Croce
Download or read book The Politics of Juridification written by Mariano Croce and published by Routledge. This book was released on 2018-02-06 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Juridification offers a timely contribution to debates about how politics is being affected by the increasing relevance of judicial bodies to the daily administration of Western political communities. While most critical analyses portray juridification as a depoliticizing, de-democratizing transferral of political authority to the courts (whether national or international), this book centres on the workable ambivalence of such a far-reaching phenomenon. While juridification certainly intensifies the power and competences of judicial bodies to the disadvantage of representative political institutions, it cannot be easily reduced to the demise of democratic politics. By focusing on the multiple ways in which social agents make use of the law, The Politics of Juridification teases out the agential and transformative aspects of the various negotiations social agents engage with legal institutions with a view to obtaining political visibility. In particular, the book homes in on two seemingly distinct phenomena: on one hand, the regulation of sexuality and emerging kinship formations; on the other, the fragmentation of legal settings due to the claims to legal autonomy advanced by sub-state cultural and religious groups. By doing so, the book makes the case for an unexpected convergence between the struggles for legal recognition of sexual minorities and religious and cultural minorities. The conclusion is that juridification does entail normalization and favour the infiltration of law into the social realm. But because of its ambivalent nature, it can and does serve as an alternative vehicle for social change – one that attaches more importance to how social agents produce law on a daily basis and how this law permeates official legal orders.
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.
Book Synopsis Outsourcing Legal Aid in the Nordic Welfare States by : Olaf Halvorsen Rønning
Download or read book Outsourcing Legal Aid in the Nordic Welfare States written by Olaf Halvorsen Rønning and published by Springer. This book was released on 2017-12-21 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is open access under a CC BY 4.0 license. This edited collection provides a comprehensive analysis of the differences and similarities between civil legal aid schemes in the Nordic countries whilst outlining recent legal aid transformations in their respective welfare states. Based on in-depth studies of Norway, Sweden, Finland, Denmark, and Iceland, the authors compare these cases with legal aid in Europe and the US to examine whether a single, unique Nordic model exists. Contextualizing Nordic legal aid in relation to welfare ideology and human rights, Hammerslev and Halvorsen Rønning consider whether flaws in the welfare state exist, and how legal aid affects disadvantaged citizens. Concluding that the five countries all have very different legal aid schemes, the authors explore an important general trend: welfare states increasingly outsourcing legal aid to the market and the third sector through both membership organizations and smaller voluntary organizations. A methodical and compassionate text, this book will be of special interest to scholars and students of the criminal justice, the welfare state, and the legal aid system.
Book Synopsis The Law of Deliberative Democracy by : Ron Levy
Download or read book The Law of Deliberative Democracy written by Ron Levy and published by Routledge. This book was released on 2016-11-03 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals. Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation’s weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.
Book Synopsis Law against the State by : Julia Eckert
Download or read book Law against the State written by Julia Eckert and published by Cambridge University Press. This book was released on 2012-05-24 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of rich, empirically grounded case studies investigates the conditions and consequences of 'juridification' - the use of law by ordinary individuals as a form of protest against 'the state'. Starting from the actual practices of claimants, these case studies address the translation and interpretation of legal norms into local concepts, actions and practices in a way that highlights the social and cultural dynamism and multivocality of communities in their interaction with the law and legal norms. The contributors to this volume challenge the image of homogeneous and primordially norm-bound cultures that has been (unintentionally) perpetuated by some of the more prevalent treatments of law and culture. This volume highlights the heterogeneous geography of law and the ways boundaries between different legal bodies are transcended in struggles for rights. Contributions include case studies from South Africa, Malawi, Sierra Leone, Turkey, India, Papua New Guinea, Suriname, the Marshall Islands and Russia.
Book Synopsis Towards Juristocracy by : Ran Hirschl
Download or read book Towards Juristocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2009-06-30 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
Book Synopsis Encyclopedia of Educational Philosophy and Theory by : Michael A. Peters
Download or read book Encyclopedia of Educational Philosophy and Theory written by Michael A. Peters and published by Springer. This book was released on 2017-09-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This encyclopaedia is a dynamic reference and study place for students, teachers, researchers and professionals in the field of education, philosophy and social sciences, offering both short and long entries on topics of theoretical and practical interest in educational theory and philosophy by authoritative world scholars representing the full ambit of education as a rapidly expanding global field of knowledge and expertise. This is an encyclopaedia that is truly global and while focused mainly on the Western tradition is also respectful and representative of other knowledge traditions. It professes to understand the globalization of knowledge. It is unique in the sense that it is based on theoretical orientations and approaches to the main concepts and theories in education, drawing on the range of disciplines in the social sciences. The encyclopaedia privileges the "theory of practice", recognizing that education as a discipline and activity is mainly a set of professional practices that inherently involves questions of power and expertise for the transmission, socialization and critical debate of competing norms and values.
Book Synopsis Making Whole what Has Been Smashed by : John Torpey
Download or read book Making Whole what Has Been Smashed written by John Torpey and published by Harvard University Press. This book was released on 2006 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the recent spread of political efforts to rectify past injustices. Although it recognizes that reparations campaigns may lead to improved well-being of victims and to reconciliation among former antagonists, it examines the extent to which concern with the past may depart from the future orientation of progressive politics.
Book Synopsis The Cambridge Habermas Lexicon by : Amy Allen
Download or read book The Cambridge Habermas Lexicon written by Amy Allen and published by Cambridge University Press. This book was released on 2019-04-11 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Over a career spanning nearly seven decades, Jürgen Habermas - one of the most important European philosophers of the twentieth and twenty-first centuries - has produced a prodigious and influential body of work. In this Lexicon, authored by an international team of scholars, over 200 entries define and explain the key concepts, categories, philosophemes, themes, debates, and names associated with the entire constellation of Habermas's thought. The entries explore the historical, philosophical and social-theoretic roots of these terms and concepts, as well as their intellectual and disciplinary contexts, to build a broad but detailed picture of the development and trajectory of Habermas as a thinker. The volume will be an invaluable resource for students and scholars of Habermas, as well as for other readers in political philosophy, political science, sociology, international relations, cultural studies, and law.
Book Synopsis Decolonising International Law by : Sundhya Pahuja
Download or read book Decolonising International Law written by Sundhya Pahuja and published by Cambridge University Press. This book was released on 2011-09-29 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.
Book Synopsis Political Trials in Theory and History by : Jens Meierhenrich
Download or read book Political Trials in Theory and History written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2017-02-27 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and why they matter.
Book Synopsis Cultures of Legality by : Javier Couso
Download or read book Cultures of Legality written by Javier Couso and published by Cambridge University Press. This book was released on 2010-04-30 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideas about law are undergoing dramatic change in Latin America. The consolidation of democracy as the predominant form of government and the proliferation of transnational legal instruments have ushered in an era of new legal conceptions and practices. Law has become a core focus of political movements and policy-making. This volume explores the changing legal ideas and practices that accompany, cause, and are a consequence of the judicialization of politics in Latin America. It is the product of a three-year international research effort, sponsored by the Law and Society Association, the Latin American Studies Association, and the Ford Foundation, that gathered leading and emerging scholars of Latin American courts from across disciplines and across continents.
Book Synopsis The Law of Political Economy by : Poul F. Kjaer
Download or read book The Law of Political Economy written by Poul F. Kjaer and published by Cambridge University Press. This book was released on 2020-04-23 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--
Book Synopsis The Cambridge Companion to International Law by : James Crawford
Download or read book The Cambridge Companion to International Law written by James Crawford and published by Cambridge University Press. This book was released on 2012-01-26 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.
Book Synopsis Against Constitutionalism by : Martin Loughlin
Download or read book Against Constitutionalism written by Martin Loughlin and published by Harvard University Press. This book was released on 2022-05-17 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.
Book Synopsis New Intimacies, Old Desires by : Oishik Sircar
Download or read book New Intimacies, Old Desires written by Oishik Sircar and published by Zubaan. This book was released on 2017-06-21 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last 15 years, queer movements in many parts of the world have helped secure the rights of queer people. These moments have been accompanied by the brutal rise of crony capitalism, the violent consequences of the ‘war on terror’, the hyper-juridification of politics, the financialization/ managerialization of social movements and the medicalization of non-heteronormative identities/ practices. How do we critically read the celebratory global proliferation of queer rights in these neoliberal times? This volume responds to the complicated moment in the history of queer struggles by analysing laws, state policies and cultures of activism, to show how new intimacies between queer sexuality and neoliberalism that celebrate modernity and the birth of the liberated sexual citizen, are in fact, reproducing the old colonial desire of civilizing the native. By paying particular attention to the problematics of race, religion and class, this volume engages in a rigorous, self-reflexive critique of global queer politics and its engagements, confrontations, and negotiations with modernity and its investments in liberalism, legalism and militarism, with the objective of queering the ethics of our queer politics. Published by Zubaan.
Book Synopsis How Policy Shapes Politics by : Jeb Barnes
Download or read book How Policy Shapes Politics written by Jeb Barnes and published by . This book was released on 2014 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'global rise of judicial power' has been called one of the most significant developments in late twentieth and early twenty-first-century politics. In this book, Jeb Barnes and Thomas F. Burke examine the political consequences of 'judicialization' - the growing reliance on courts, rights and litigation in public policy - by analyzing the field of injury compensation, in which judicialized and bureaucratized programmes operate side-by-side.
