Böcker i Cambridge Studies in Law and Society-serien

This book compares workfare policies in the United States and 'active labor policies' in Western Europe that are aimed primarily at the long-term unemployed, unemployed youth, lone parents, immigrants and other vulnerable groups often referred to collectively as the 'socially excluded'. The Europeans maintain that workfare is the best method of bringing the socially excluded back into mainstream society. Although there are differences in terms of ideology and practice, Joel F. Handler argues that there are also significant similarities, especially field-level practices that serve to exclude those who are the least employable or lack other qualifications that agencies favor. The author also examines strategies for reform, including protective labor legislation, the Open Method of Coordination, the reform of social and employment services, and concludes with an argument for a basic income guarantee, which would not only alleviate poverty but also provide clients with an exit option.

This substantive contribution to a sociology of human rights shows how Asian values are compatible with human rights, demonstrating how the global human rights regime can accommodate Asian patriarchalism, while Pacific Asia is itself adapting by means of an 'enforceable benevolence'.

This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are by leading scholars from both the global South and the global North, and combine empirical research with innovative sociolegal theory on various topics.

The TRC was set up to deal with the human rights violations of apartheid. However, its restorative justice approach did not always serve the needs of communities at a local level. Based on detailed fieldwork, this book illustrates the impact of the TRC in urban African communities in Johannesburg.

This book examines and answers the following question - can law, as a cultural practice, apply across cultural boundaries to bind people with vastly different beliefs and practices? The challenge for law is to maintain coherence while at the same time being attuned to the lived reality of people in different places, with different beliefs, engaged in different practices.

Through interviews with many of the most noteworthy authors in law and society, Conducting Law and Society Research takes students and scholars behind the scenes of empirical scholarship, showing the messy reality of research methods. The challenges and the uncertainties, so often missing from research methods textbooks, are revealed in candid detail. These accessible and revealing conversations about the lived reality of classic projects will be a source of encouragement and inspiration to those embarking on empirical research, ranging across the full array of disciplines that contribute to law and society. For all of the ambiguities and challenges to the social 'scientific' study of law, the reflections found in this book - collectively capturing a portrait of the field through the window of the research efforts - individually remind readers that 'good research' displays not an absence of problems, but the care taken in negotiating them.

Leading international scholars from political science and law/socio-legal studies present new research which focuses on the relationship between judicial review and bureaucratic behaviour. A large number of empirical case studies are presented from various parts of the world to offer an international, interdisciplinary and empirical perspective.

A collection of rich ethnographically grounded case studies which examine how ordinary people across the globe use the law as a form of protest against 'the state'. This process transforms both the law and the people using it and demonstrates that law's enabling and constraining potentials interact in unexpected ways.

A collection of rich ethnographically grounded case studies which examine how ordinary people across the globe use the law as a form of protest against 'the state'. This process transforms both the law and the people using it and demonstrates that law's enabling and constraining potentials interact in unexpected ways.

The purpose of this book is to examine and discuss the violence perpetrated against women in politically conflicted or militarized areas. The voices of Palestinian women show how militaristic values and policies affect female victimisation and agency in conflict zones.

This book argues that the shared adjudication model in which the state splits its adjudicative authority with religious groups and other societal sources in the regulation of marriage can potentially balance cultural rights and gender equality. In this model the civic and religious sources of legal authority construct, transmit and communicate heterogeneous notions of the conjugal family, gender relations and religious membership within the interstices of state and society. In so doing, they fracture the homogenized religious identities grounded in hierarchical gender relations within the conjugal family. The shared adjudication model facilitates diversity as it allows the construction of hybrid religious identities, creates fissures in ossified group boundaries and provides institutional spaces for ongoing intersocietal dialogue. This pluralized legal sphere, governed by ideologically diverse legal actors, can thus increase gender equality and individual and collective legal mobilization by women effects institutional change.

Combining textual analysis of constitutions and historical reconstruction of formative social processes, Chris Thornhill examines the legitimating role of constitutions from the first quasi-constitutional documents in medieval Europe to recent constitutional transitions.

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.

This book responds to debates about the place of Muslims in Western Europe, considering how people draw on practical schemas regarding others in their midst who are categorized as Muslims. These studies explore 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.

Focused on the turbulent upheavals of the 1990s and mid-2000s, this socio-legal exploration of the politics of urban water services assesses two modes of governance - managed liberalization and participatory democracy - that reflect tensions between water viewed as a scarce commodity and as an essential public good.

This book assembles essays on legal sociology and legal history by an international group of distinguished scholars. All have been influenced by the prolific legal historian, legal sociologist and scholar of comparative law, Lawrence M. Friedman. This volume presents a sustained examination and application of Friedman's ideas and methods.

This book provides law scholars and students with a critical review of international speech crimes and will also appeal to social scientists studying hate speech and incitement. The book integrates social science and legal perspectives, advocating a preventative approach and proposing a new risk assessment model for inciting speech acts.

Since 2001, the Gacaca community courts have been the centrepiece of Rwanda's justice and reconciliation programme. Drawing on six years of fieldwork in Rwanda and nearly five hundred interviews with participants, this book's conclusions provide indispensable insight into post-genocide justice and reconciliation.

This study shows the impact of the ICTY on Bosnian society and its role in translating international law in domestic contexts.

Using an approach that combines anthropological and political analysis, this book examines the roles of military command, mystical powers, child soldiers, forced marriage and fact-finding in the Special Court for Sierra Leone, arguing that cultural differences have obstructed justice and that international justice requires a more multicultural approach.

This book presents the definitive history of the passport and why it became so important for controlling movement in the modern world. It explores the history of passport laws, the parliamentary debates about those laws, and the social responses to their implementation.

This book traverses three pivotal human rights struggles of the post-September 11th era: the American human rights campaign to challenge the Bush administration's 'War on Terror' torture and detention policies, Middle Eastern efforts to challenge American human rights practices (reversing the traditional West to East flow of human rights mobilizations and discourses) and Middle Eastern attempts to challenge their own leaders' human rights violations in light of American interventions. This book presents snapshots of human rights being appropriated, promoted, claimed, reclaimed and contested within and between the American and Middle Eastern contexts. The inquiry has three facets: first, it explores intersections between human rights norms and power as they unfold in the era. Second, it lays out the layers of the era's American and Middle Eastern encounter on the human rights plane. Finally, it draws out the era's key lessons for moving the human rights project forward.

In 2004, the State Department gathered more than a thousand interviews from refugees in Chad that verified Colin Powell's UN and congressional testimonies about the Darfur genocide. The survey cost nearly a million dollars to conduct and yet it languished in the archives as the killing continued, claiming hundreds of thousands of murder and rape victims and restricting several million survivors to camps. This book fully examines that survey and its heartbreaking accounts. It documents the Sudanese government's enlistment of Arab Janjaweed militias in destroying black African communities. The central questions are: why is the United States so ambivalent to genocide? Why do so many scholars deemphasize racial aspects of genocide? How can the science of criminology advance understanding and protection against genocide? This book gives a vivid firsthand account and voice to the survivors of genocide in Darfur.

As the Oslo Peace Process has given way to the violence of the second intifada, this book explores the continuing legacy of the Peace Process in the everyday life of the Israeli-Palestinian conflict.

This book responds to an on-going perception of a 'crisis' in public accountability in modern-day governance caused by globalization and increased power of private economic interests. It provides the most comprehensive survey to-date of how different organizations hold persons acting in the public interest to account and the problems involved.

This book responds to an on-going perception of a 'crisis' in public accountability in modern-day governance caused by globalization and increased power of private economic interests. It provides the most comprehensive survey to-date of how different organizations hold persons acting in the public interest to account and the problems involved.

This is a unique analysis of the struggle to build a rule of law in one of the world's most dynamic and vibrant nations - a socialist state that is seeking to build a market economy while struggling to pursue an ethos of social equality and opportunity.

The Chinese police have powers to detain people without trial for considerable periods. These powers have been seriously abused and are the focus of domestic and international criticism. This 2007 book examines the development of these powers since the 1950s, and the policy contexts in which they have been used.

The WTO intellectual property and services agreements (TRIPs and GATS) form the global legal framework in which governments regulate trade in knowledge. In this book, Christopher Arup analyses the provisions of the agreements, examines closely their implementation and revision and assesses the future of the WTO as a global law-making institution.

This volume focuses on the social relationships through which international justice is produced. Using case studies such as the International Criminal Court and the European Court of Human Rights, the contributors examine how the claims of international justice can take purchase in the midst of social conflict and political violence.