Shifting Legal Visions

Shifting Legal Visions

Author: Ezequiel A. González-Ocantos

Publisher: Cambridge University Press

Published: 2016-08-18

Total Pages: 343

ISBN-13: 1316720918

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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.


Studies in Law, Politics, and Society

Studies in Law, Politics, and Society

Author: Austin Sarat

Publisher: Emerald Group Publishing

Published: 2020-05-04

Total Pages: 177

ISBN-13: 1839822783

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This volume of Studies in Law, Politics and Society brings together an international and interdisciplinary array of scholars to explore issues on the cutting edge of socio-legal research.


Law and the Epistemologies of the South

Law and the Epistemologies of the South

Author: Boaventura de Sousa Santos

Publisher: Cambridge University Press

Published: 2023-06-01

Total Pages: 823

ISBN-13: 100935356X

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Modern state law excludes populations, peoples, and social groups by making them invisible, irrelevant, or dangerous. In this book, Boaventura de Sousa Santos offers a radical critique of the law and develops an innovative paradigm of socio-legal studies which is based on the historical experience of the Global South. He traces the history of modern law as an abyssal law, or a kind of law that is theoretically invisible yet implements profound exclusions in practice. This abyssal line has been the key procedure used by modern modes of domination – capitalism, colonialism, and patriarchy – to divide people into two groups, the metropolitan and the colonial, or the fully human and the sub-human. Crucially, de Sousa Santos rejects the decadent pessimism that claims that we are living through 'the end of history'. Instead, this book offers practical, hopeful alternatives to social exclusion and modern legal domination, aiming to make post-abyssal legal utopias a reality.


Indigenous Water Rights in Law and Regulation

Indigenous Water Rights in Law and Regulation

Author: Elizabeth Jane Macpherson

Publisher: Cambridge University Press

Published: 2019-08-08

Total Pages: 313

ISBN-13: 1108473067

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A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.


Strategic Litigation and Corporate Complicity in Crimes Under International Law

Strategic Litigation and Corporate Complicity in Crimes Under International Law

Author: Kalika Mehta

Publisher: Taylor & Francis

Published: 2023-10-09

Total Pages: 207

ISBN-13: 1000969932

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This book provides a comprehensive account of how non-state actors rely on international criminal law as a tool in the service of progressive political causes. The argument that international criminal law and its institutions serve as an instrument in the hands of a few powerful states, and that its practice is characterized by double standards and selectivity, has received considerable attention. This book, however, focuses on a practice that is informed by this argument. Its focus is on an alternative practice within international criminal law, where non-state actors navigate what critical scholars call a structurally biased legal system, in order to achieve long-term political objectives. Innovatively, the book combines the concerns expressed by Third World Approaches to International Law with strategic litigation that focuses on the accountability of corporations for their complicity in crimes under international law. Analysing this litigation, the book demonstrates that, while it is crucial to highlight the blind spots of the international criminal legal framework, it is also important to take into account the practice of non-state actors engaged in leveraging its emancipatory potential. This original analysis of the implementation and legitimacy of international criminal law will be of interest to a wide range of scholars and activists working in relevant areas of law, politics, criminology and international relations.


Law, Mobilization, and Social Movements

Law, Mobilization, and Social Movements

Author: Whitney K. Taylor

Publisher: Cambridge University Press

Published: 2024-03-28

Total Pages: 157

ISBN-13: 1009493264

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Legal and social movement scholars have long puzzled over the role of movements in moving, being moved by, and changing the meanings of the law. But for decades, these two strands of scholarship only dovetailed at their edges, in the work of a few far-seeing scholars. The fields began to more productively merge before and after the turn of the century. In this Element, the authors take an interactive approach to this problem and sketch four mechanisms that seem promising in effecting a true fusion: legal mobilization, legal-political opportunity structure, social construction, and movement-countermovement interaction. The Element also illustrates the workings and interactions of these four mechanisms from two examples of the authors' work: the campaign for same-sex marriage in the United States and social constitutionalism in South Africa.


Routledge Handbook of Law and Society in Latin America

Routledge Handbook of Law and Society in Latin America

Author: Rachel Sieder

Publisher: Routledge

Published: 2019-05-20

Total Pages: 978

ISBN-13: 1317291271

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An understanding of law and its efficacy in Latin America demands concepts distinct from the hegemonic notions of "rule of law" which have dominated debates on law, politics and society, and that recognize the diversity of situations and contexts characterizing the region. The Routledge Handbook of Law and Society in Latin America presents cutting-edge analysis of the central theoretical and applied areas of enquiry in socio-legal studies in the region by leading figures in the study of law and society from Latin America, North America and Europe. Contributors argue that scholarship about Latin America has made vital contributions to longstanding and emerging theoretical and methodological debates on the relationship between law and society. Key topics examined include: The gap between law-on-the-books and law in action The implications of legal pluralism and legal globalization The legacies of experiences of transitional justice Emerging forms of socio-legal and political mobilization Debates concerning the relationship between the legal and the illegal. The Routledge Handbook of Law and Society in Latin America sets out new research agendas for cross-disciplinary socio-legal studies and will be of interest to those studying law, sociology of law, comparative Latin American politics, legal anthropology and development studies.


Rule of Law Intermediaries

Rule of Law Intermediaries

Author: Kristina Simion

Publisher: Cambridge University Press

Published: 2021-05-06

Total Pages: 283

ISBN-13: 1108830862

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Examines how intermediaries work on rule of law assistance in authoritarian Myanmar, based on interviews with 100 individuals.


The Judicial System

The Judicial System

Author: Carlo Guarnieri

Publisher: Edward Elgar Publishing

Published: 2020-05-29

Total Pages: 233

ISBN-13: 1839100362

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This timely book explores the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits.


Research Handbook on the Politics of Human Rights Law

Research Handbook on the Politics of Human Rights Law

Author: Bård A. Andreassen

Publisher: Edward Elgar Publishing

Published: 2023-01-20

Total Pages: 511

ISBN-13: 1789908833

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International human rights law is undoubtedly intertwined with politics, and so this Research Handbook explores and provokes reflection on how politics impacts human rights legislation and, conversely, how human rights law shapes politics and the functioning of the state. Bringing together leading international scholars in human rights law and politics, the Research Handbook provides theoretical reflections and empirical analyses across the areas of governance and policies and examines the implementation mechanisms of human rights law in national and international jurisdictions.