Böcker i Cambridge Studies in Law and Society-serien

This book is valuable for law, sociology, and transitional justice researchers and postgraduate students interested in themes including cause lawyering, the sociology of the professions, the legal profession, gender and the law, the role of law in transition, peace negotiations, truth recovery, amnesties, strategic litigation, and legal ethics.

Irene van Oorschot takes the reader on an ethnographic journey through judicial and social-scientific ways of seeing the world, showing how judges and researchers, case files and research methods, theories and narratives become implicated with each other to produce different understandings of the world.

Scholars puzzle over the conditions that make rule of law development in authoritarian settings successful. In this significant contribution, focusing on the decade of Myanmar's political transformation, Kristina Simion explores rule of law assistance through the practice and experience of intermediaries, their capital, strategies and challenges. How do intermediaries influence the field, and the ways in which the rule of law is brokered transnationally? And why do they matter? Simion relates her research to law and sociology to bring to light these neglected players, focusing on who they are, the influence they have, their double agency and their crucial importance in establishing trust and translating rule of law. Relying on rich empirical data collected in Myanmar, the book shares the voices of the individuals that help to steer societal change within authoritarian confines. This socio-legal work offers some insights into why rule of law change in authoritarian settings often does not go expected ways, one of the development field's long unresolved issues.

"This book traces the emergence of secularism as a way of ordering religion-state relations in colonial and post-colonial Northern Nigeria. The book draws on extensive research in six archival repositories on two continents to provide a novel and comprehensive historiography"--

"Lava Jato, a transnational bribery case that started in Brazil and spread throughout Latin America, upended elections and collapsed governments. Why did the investigation gain momentum in some countries but not others? The book traces reforms that enhanced prosecutors' capacity to combat white-collar crime and shows that Lava Jato became a full-blown anti-corruption crusade where reforms were coupled with the creation of aggressive taskforces. For some, prosecutors' unconventional methods were necessary and justified. Others saw dangerous affronts to due process and democracy. Given these controversies, how did voters react to a once-in-a-generation attempt to clean politics? Can prosecutors trigger hope, conveying a message of possible regeneration? Or does aggressive prosecution erode the tacit consensus around the merits of anti-corruption? Prosecutors, Voters and The Criminalization of Corruption in Latin America is a study of the impact of accountability through criminalization, one that dissects the drivers and dilemmas of resolute transparency efforts"--

"This book will be of interest to researchers and students of law and society, political economy, anthropology, and Asian studies. It offers an original understanding of the paradoxical effects of law in the survival strategies of people who are caught to live and work in precarious circumstances"--

"China's green transition is often perceived as a lesson in authoritarian efficiency. In just a few years, the state managed to improve air quality, contain dissent, and restructure local industry. Much of this was achieved through top-down, "blunt force" solutions, such as forcibly shuttering or destroying polluting factories. This book argues that China's blunt force regulation is actually a sign of weak state capacity and ineffective bureaucratic control. Integrating case studies with quantitative evidence, it shows how widespread industry shutdowns are used, not to scare polluters into respecting pollution standards, but to scare bureaucrats into respecting central orders. These measures have improved air quality in almost all Chinese cities, but at immense social and economic cost. This book delves into the negotiations, trade-offs, and day-to-day battles of local pollution enforcement to explain why governments employ such costly measures, and what this reveals about a state's powers to govern society"--

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.

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.

Malcolm Feeley is one of the founding giants of the law and society field, whose vast scholarship examines legal process from the inner workings of criminal courts to the possibility of prison reform. This volume offers essays by leading law and society scholars who reflect on, analyze, and expand Feeley's scholarship.

What is the role of affect in international criminal law and transitional justice in (post-)colonial Africa and beyond? Instead of accepting at face value the commonly held assumption that the law systematically neutralizes emotions, Jonas Bens argues that the law purposefully creates, mobilizes, shapes, and transforms atmospheres and sentiments.

This book provides an empirically grounded framework for studying central governance challenges in various areas of international, transnational and domestic criminal justice policy. The implications cut across subject areas that attract considerable scholarly attention. It will appeal to a wide audience.

"In recent years political movements of a decidedly 'anti-establishment' character have taken many countries by storm, and many observers by surprise. Among the characteristics these movements share is that they, and more particularly their leaders, claim uniquely to represent the true, real people of the country, a claim that does not depend upon, but frequently can boast confirmation in electoral victory. For unlike standard-issue coup-ists and putsch-ists, communists and fascists (also anti-establishmentarian until they become established), these movements are not shy of elections. They feed off them"--

"In recent years political movements of a decidedly 'anti-establishment' character have taken many countries by storm, and many observers by surprise. Among the characteristics these movements share is that they, and more particularly their leaders, claim uniquely to represent the true, real people of the country, a claim that does not depend upon, but frequently can boast confirmation in electoral victory. For unlike standard-issue coup-ists and putsch-ists, communists and fascists (also anti-establishmentarian until they become established), these movements are not shy of elections. They feed off them"--

In spite of its significant effects on everyday life, the effects of transnational counter-terrorism are not well understood. Drawing on insights from law, international relations, political science and security studies, this study shows the impacts and argues that counter-terrorism is expansionary, rights-limiting and unaccountable.

As the first analysis of the archives of international courts, examining how these archives produce particular understandings of what the 'international community' is, the book is essential reading for IR and ILAW scholars and archival scientists, as well as historians interested in the relationship between history, memory and law.

Genocide Never Sleeps provides an ethnographic account of the messy, human process of international criminal justice at the International Criminal Tribunal for Rwanda. It is for readers interested in international criminal justice, human rights, the anthropology of law and contemporary African politics.

The book is for anyone interested in rights to and the regulation of natural resources across a range of disciplines. It will be of particular interest to researchers and practitioners concerned with the rights of indigenous peoples and their engagement with the regulation of water.

During Myanmar's political opening, intermediaries played a key role in the field of rule of law development.This book brings to light these neglected players, focusing on who they are, the influence they have, their double agency, their challenges and their crucial importance for rule of law progress.

How do we know that development aid is reaching those who need it most? The answer is increasingly data. This book cracks open high-level debates over indicators and data, showing the political and economic forces that shape what gets measured and how in HIV finance.

This book examines socio-political constructions of risk related to sexual offending behaviour by and among children and young people, combining theoretical analysis with primary research. The book will appeal to scholars, legal and other professionals, and schools and parents in helping children navigate today's highly sexualised landscape.

This book provides an empirically grounded framework for studying central governance challenges in various areas of international, transnational and domestic criminal justice policy. The implications cut across subject areas that attract considerable scholarly attention. It will appeal to a wide audience.