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Founded in 1997, Cambridge Studies in Law and Society is a hub for leading scholarship in socio-legal studies. Located at the intersection of law, the humanities, and the social sciences, it publishes empirically innovative and theoretically sophisticated work on law's manifestations in everyday life: from discourses to practices, and from institutions to cultures. The series editors have longstanding expertise in the interdisciplinary study of law, and welcome contributions that place legal phenomena in national, comparative, or international perspective. Series authors come from a range of disciplines, including anthropology, history, law, literature, political science, and sociology.

  • Series Editors: Mark Fathi Massoud, University of California, Santa Cruz, Jens Meierhenrich, London School of Economics and Political Science

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142 results in Cambridge Studies in Law and Society

Page 4 of 8

Duties to Care
  • Dementia, Relationality and Law
  • Rosie Harding
  • Published online:
    01 September 2017
    Print publication:
    24 August 2017
  • The world of dementia care can be a difficult one for carers to navigate, posing new challenges at every stage from diagnosis to end of life. In her ground-breaking investigation, rooted in original empirical data, Rosie Harding explores the regulatory and legal dimensions of caring for a person with dementia. By exploring carers' experiences of dementia care, she critiques the limitations of current approaches to health and social care regulation. This socio-legal work is a new contribution to the study of feminist care ethics, relationality, and vulnerability theory. Duties to Care argues that by understanding the relational contexts that shape everyday experiences of regulatory structures, we will better understand where law is operating to support carers, and where it adds to the difficulties they experience. Ultimately, the challenges that dementia poses will be addressed only if we find solutions that take account of the relationality of life, dementia, and law.

Incitement on Trial
  • Prosecuting International Speech Crimes
  • Richard Ashby Wilson
  • Published online:
    31 August 2017
    Print publication:
    18 August 2017
  • International and national armed conflicts are usually preceded by a media campaign in which public figures foment ethnic, national, racial or religious hatred, inciting listeners to acts of violence. Incitement on Trial evaluates the efforts of international criminal tribunals to hold such inciters criminally responsible. This is an unsettled area of international criminal law, and prosecutors have often struggled to demonstrate a causal connection between speech acts and subsequent crimes. This book identifies 'revenge speech' as the type of rhetoric with the greatest effects on empathy and tolerance for violence. Wilson argues that inciting speech should be handled under the preventative doctrine of inchoate crimes, but that once international crimes have been committed, then ordering and complicity are the most appropriate forms of criminal liability. Based in extensive original research, this book proposes an evidence-based risk assessment model for monitoring political speech.

Revisiting the Law and Governance of Trafficking, Forced Labor and Modern Slavery
  • Edited by Prabha Kotiswaran
  • Published online:
    13 July 2017
    Print publication:
    25 May 2017
  • In the decades following the globalization of the world economy, trafficking, forced labor and modern slavery have emerged as significant global problems. States negotiated the Palermo Protocol in 2000 under which they agreed to criminalize trafficking, primarily understood as an issue of serious organized crime. Sixteen years later, leading academics, activists and policy makers from international organizations come together in this edited volume and adopt an inter-disciplinary, multi-stakeholder approach to revisit trafficking through the lens of labor migration and extreme exploitation and, in the process, rethink the law and governance of trafficking. This volume considers many key factors, including the evolving international law on trafficking, the relationship between trafficking, slavery, indenture and domestic migration law and policy as well as newly emergent techniques of governance, including indicators, all with a view to furthering prospects for lasting economic justice in a globalized world.

The Politics of Bureaucratic Corruption in Post-Transitional Eastern Europe
  • Marina Zaloznaya
  • Published online:
    01 June 2017
    Print publication:
    27 April 2017
  • Using a mix of ethnographic, survey, and comparative historical methodologies, this book offers an unprecedented insight into the corruption economies of Ukrainian and Belarusian universities, hospitals, and secondary schools. Its detailed analysis suggests that political turnover in hybrid political regimes has a strong impact on petty economic crime in service-provision bureaucracies. Theoretically, the book rejects the dominant paradigm that attributes corruption to the allegedly ongoing political transition. Instead, it develops a more nuanced approach that appreciates the complexity of corruption economies in non-Western societies, embraces the local meanings and functions of corruption, and recognizes the stability of new post-transitional regimes in Eastern Europe and beyond. This book offers a critical look at the social costs of transparency, develops a blueprint for a 'sociology of corruption', and offers concrete and feasible policy recommendations. It will appeal to scholars across the social sciences, policymakers and a variety of anti-corruption and social justice activists.

Culture in the Domains of Law
  • Edited by René Provost
  • Published online:
    23 February 2017
    Print publication:
    02 February 2017
  • What does it mean for courts and other legal institutions to be culturally sensitive? What are the institutional implications and consequences of such an aspiration? To what extent is legal discourse capable of accommodating multiple cultural narratives without losing its claim to normative specificity? And how are we to understand meetings of law and culture in the context of formal and informal legal processes, when demands are made to accommodate cultural difference? The encounter of law and culture is a polycentric relation, but these questions draw our attention to law and legal institutions as one site of encounter warranting further investigation, to map out the place of culture in the domains of law by relying on the insights of law, anthropology, politics, and philosophy. Culture in the Domains of Law seeks to examine and answer these questions, resulting in a richer outlook on both law and culture.

Palaces of Hope
  • The Anthropology of Global Organizations
  • Edited by Ronald Niezen, Maria Sapignoli
  • Published online:
    02 February 2017
    Print publication:
    26 January 2017
  • This volume assembles in one place the work of scholars who are making key contributions to a new approach to the United Nations, and to global organizations and international law more generally. Anthropology has in recent years taken on global organizations as a legitimate source of its subject matter. The research that is being done in this field gives a human face to these world-reforming institutions. Palaces of Hope demonstrates that these institutions are not monolithic or uniform, even though loosely connected by a common organizational network. They vary above all in their powers and forms of public engagement. Yet there are common threads that run through the studies included here: the actions of global institutions in practice, everyday forms of hope and their frustration, and the will to improve confronted with the realities of nationalism, neoliberalism, and the structures of international power.

Buried in the Heart
  • Women, Complex Victimhood and the War in Northern Uganda
  • Erin Baines
  • Published online:
    05 January 2017
    Print publication:
    24 November 2016
  • In Buried in the Heart, Erin Baines explores the political agency of women abducted as children by the Lord's Resistance Army in northern Uganda, forced to marry its commanders, and to bear their children. Introducing the concept of complex victimhood, she argues that abducted women were not passive victims, but navigated complex social and political worlds that were life inside the violent armed group. Exploring the life stories of thirty women, Baines considers the possibilities of storytelling to reclaim one's sense of self and relations to others, and to generate political judgement after mass violence. Buried in the Heart moves beyond victim and perpetrator frameworks prevalent in the field of transitional justice, shifting the attention to stories of living through mass violence and the possibilities of remaking communities after it. The book contributes to an overlooked aspect of international justice: women's political agency during wartime.

Criminal Defense in China
  • The Politics of Lawyers at Work
  • Sida Liu, Terence C. Halliday
  • Published online:
    01 December 2016
    Print publication:
    14 November 2016
  • Criminal Defense in China studies empirically the everyday work and political mobilization of defense lawyers in China. It builds upon 329 interviews across China, and other social science methods, to investigate and analyze the interweaving of politics and practice in five segments of the practicing criminal defense bar in China from 2005 to 2015. This book is the first to examine everyday criminal defense work in China as a political project. The authors engage extensive scholarship on lawyers and political liberalism across the world, from seventeenth-century Europe to late twentieth-century Korea and Taiwan, drawing on theoretical propositions from this body of theory to examine the strategies and constraints of lawyer mobilization in China. The book brings a fresh perspective through its focus on everyday work and ordinary lawyering in an authoritarian context and raises searching questions about law and lawyers, politics and society, in China's uncertain future.

The Demographic Transformations of Citizenship
  • Heli Askola
  • Published online:
    05 September 2016
    Print publication:
    15 September 2016
  • The Demographic Transformations of Citizenship examines how attempts by contemporary states to govern demographic anxieties are shaping ideas about citizenship both as a boundary-maintaining mechanism and as an ideal of equal membership. These anxieties, while most often centred upon immigration, also stem from other demographic changes unfolding in contemporary states - most notably, the long-standing trend towards lower birth rates and consequent population ageing. With attention to such topics as control over borders, national identity, gender roles, family life and changing stages of life, Askola examines the impact of demographic changes, including but not limited to immigration. Drawing from a variety of disciplines, including law, demography, and sociology, this book discusses how efforts to manage demographic anxieties are profoundly altering ideas about citizenship and belonging.

Contesting Economic and Social Rights in Ireland
  • Constitution, State and Society, 1848–2016
  • Thomas Murray
  • Published online:
    05 August 2016
    Print publication:
    18 August 2016
  • This book presents a political understanding of socio-economic rights by contextualising constitution-makers' and judges' decision-making in terms of Ireland's rich history of people's struggles for justice 'from below' between 1848 and the present. Its theoretical framework incorporates critical legal studies and world-systems analysis. It performs a critical discourse analysis of constitution-making processes in 1922 and 1937 as well as subsequent property, trade union, family and welfare rights case law. It traces the marginalisation of socio-economic rights in Ireland from specific, local and institutional factors to the contested balance of core-peripheral and social relations in the world-system. The book demonstrates the endurance of ideological understandings of state constitutionalism as inherently neutral between interests. Unemployed marches, housing protestors and striking workers, however, provided important challenges and oppositional discourses. Recognising these enduring forms of power and ideology is vital if we are to assess critically the possibilities and limits of contesting socio-economic rights today.

Shifting Legal Visions
  • Judicial Change and Human Rights Trials in Latin America
  • Ezequiel A. González-Ocantos
  • Published online:
    05 August 2016
    Print publication:
    18 August 2016
  • 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.

A Sociology of Transnational Constitutions
  • Social Foundations of the Post-National Legal Structure
  • Chris Thornhill
  • Published online:
    26 July 2016
    Print publication:
    15 September 2016
  • This volume focuses on the rise of transnational constitutional laws, primarily created by the interaction between national and international courts, and by the domestic transformation of international law. Through detailed analysis of patterns of institutional formation at key historical junctures in a number of national societies, it examines the social processes that have locked national states into an increasingly transnational constitutional order, and it explains how the growth of global constitutional norms has provided a stabilizing framework for the functions of state institutions. The book adopts a distinctive historical-sociological approach to these questions, examining the deep continuities between national constitutional law and contemporary models of global law. The volume makes an important contribution to the sociology of constitutional law, to the sociology of post-national legal processes, and to the sociology of human rights law. This title is also available as Open Access.

China and Islam
  • The Prophet, the Party, and Law
  • Matthew S. Erie
  • Published online:
    05 May 2016
    Print publication:
    01 September 2016
  • China and Islam examines the intersection of two critical issues of the contemporary world: Islamic revival and an assertive China, questioning the assumption that Islamic law is incompatible with state law. It finds that both Hui and the Party-State invoke, interpret, and make arguments based on Islamic law, a minjian (unofficial) law in China, to pursue their respective visions of 'the good'. Based on fieldwork in Linxia, 'China's Little Mecca', this study follows Hui clerics, youthful translators on the 'New Silk Road', female educators who reform traditional madrasas, and Party cadres as they reconcile Islamic and socialist laws in the course of the everyday. The first study of Islamic law in China and one of the first ethnographic accounts of law in postsocialist China, China and Islam unsettles unidimensional perceptions of extremist Islam and authoritarian China through Hui minjian practices of law.

Contractual Knowledge
  • One Hundred Years of Legal Experimentation in Global Markets
  • Edited by Grégoire Mallard, Jérôme Sgard
  • Published online:
    05 May 2016
    Print publication:
    26 May 2016
  • Contractual Knowledge: One Hundred Years of Legal Experimentation in Global Markets, edited by Grégoire Mallard and Jérôme Sgard, extends the scholarship of law and globalization in two important directions. First, it provides a unique genealogy of global economic governance by explaining the transition from English law to one where global exchanges are primarily governed by international, multilateral, and finally, transnational legal orders. Second, rather than focusing on macro-political organizations, like the League of Nations or the International Monetary Fund, the book examines elements of contracts, including how and by whom they were designed and exactly who (experts, courts, arbitrators, or international organizations) interpreted, upheld, and established the legal validity of these contracts. By exploring such micro-level aspects of market exchanges, this collection unveils the contractual knowledge that led to the globalization of markets over the last century.

Diversity in Practice
  • Race, Gender, and Class in Legal and Professional Careers
  • Edited by Spencer Headworth, Robert L. Nelson, Ronit Dinovitzer, David B. Wilkins
  • Published online:
    05 April 2016
    Print publication:
    01 April 2016
  • Expressions of support for diversity are nearly ubiquitous among contemporary law firms and corporations. Organizations back these rhetorical commitments with dedicated diversity staff and various diversity and inclusion initiatives. Yet, the goal of proportionate representation for people of color and women remains unrealized. Members of historically underrepresented groups remain seriously disadvantaged in professional training and work environments that white, upper-class men continue to dominate. While many professional labor markets manifest patterns of demographic inequality, these patterns are particularly pronounced in the law and elite segments of many professions. Diversity in Practice analyzes the disconnect between expressed commitments to diversity and practical achievements, revealing the often obscure systemic causes that drive persistent professional inequalities. These original contributions build on existing literature and forge new paths in explaining enduring patterns of stratification in professional careers. These more realistic assessments provide opportunities to move beyond mere rhetoric to something approaching diversity in practice.

Investing in Authoritarian Rule
  • Punishment and Patronage in Rwanda's Gacaca Courts for Genocide Crimes
  • Anuradha Chakravarty
  • Published online:
    05 November 2015
    Print publication:
    11 December 2015
  • This book shows how Rwanda's transitional courts that tried genocide crimes - the gacaca - produced social complicity and cemented authoritarian rule. It is unique for its in-depth investigation of the courts' legal operations: confessions, denunciation, and lay judging, and shows how targeted incentives such as grants of clemency, opportunities for private gain, and career advancement drew the masses into the orbit of the ethnic minority-dominated regime. Using previously untapped data, it illustrates how a decade of mass trials constructed a tacit patronage-driven relationship in which the interests of the citizenry became tied to the authoritarian elite that had discretionary power to grant or withdraw those benefits at will. The operation of law in individual behavior and authoritarian control presented in this volume will be of use to students and scholars in the social sciences, and practitioners interested in criminal law and transitional justice.

Paper Tiger
  • Law, Bureaucracy and the Developmental State in Himalayan India
  • Nayanika Mathur
  • Published online:
    05 October 2015
    Print publication:
    10 December 2015
  • A big cat overthrows the Indian state and establishes a reign of terror over the residents of a Himalayan town. A welfare legislation aimed at providing employment and commanding a huge budget becomes 'unimplementable' in a region bedeviled by high levels of poverty and unemployment. Paper Tiger provides a lively ethnographic account of how such seemingly bizarre scenarios come to be in contemporary India. Based on eighteen months of intensive fieldwork, this book presents a unique explanation for why and how progressive laws can do what they do and not, ever-so-often, what they are supposed to do. It reveals the double-edged effects of the reforms that have been ushered in by the post-liberalization Indian state, particularly the effort to render itself more transparent and accountable. Through a meticulous detailing of everyday bureaucratic life on the Himalayan borderland, Paper Tiger makes an argument for shifting the very frames of thought through which we apprehend the workings of the developmental Indian state.

The World of Indicators
  • The Making of Governmental Knowledge through Quantification
  • Edited by Richard Rottenburg, Sally E. Merry, Sung-Joon Park, Johanna Mugler
  • Published online:
    05 October 2015
    Print publication:
    15 September 2015
  • The twenty-first century has seen a further dramatic increase in the use of quantitative knowledge for governing social life after its explosion in the 1980s. Indicators and rankings play an increasing role in the way governmental and non-governmental organizations distribute attention, make decisions, and allocate scarce resources. Quantitative knowledge promises to be more objective and straightforward as well as more transparent and open for public debate than qualitative knowledge, thus producing more democratic decision-making. However, we know little about the social processes through which this knowledge is constituted nor its effects. Understanding how such numeric knowledge is produced and used is increasingly important as proliferating technologies of quantification alter modes of knowing in subtle and often unrecognized ways. This book explores the implications of the global multiplication of indicators as a specific technology of numeric knowledge production used in governance.

Indigeneity and Legal Pluralism in India
  • Claims, Histories, Meanings
  • Pooja Parmar
  • Published online:
    05 August 2015
    Print publication:
    20 July 2015
  • As calls for reparations to indigenous peoples grow on every continent, issues around resource extraction and dispossession raise complex legal questions. What do these disputes mean to those affected? How do the narratives of indigenous people, legal professionals, and the media intersect? In this richly layered and nuanced account, Pooja Parmar focuses on indigeneity in the widely publicized controversy over a Coca-Cola bottling facility in Kerala, India. Juxtaposing popular, legal, and Adivasi narratives, Parmar examines how meanings are gained and lost through translation of complex claims into the languages of social movements and formal legal systems. Included are perspectives of the diverse range of actors involved, based on interviews with members of Adivasi communities, social activists, bureaucrats, politicians, lawyers, and judges. Presented in clear, accessible prose, Parmar's account of translation enriches debates in the fields of legal pluralism, indigeneity, and development.

Iraq and the Crimes of Aggressive War
  • The Legal Cynicism of Criminal Militarism
  • John Hagan, Joshua Kaiser, Anna Hanson
  • Published online:
    05 July 2015
    Print publication:
    04 June 2015
  • From the torture of detainees at Abu Ghraib to unnecessary military attacks on civilians, this book is an account of the violations of international criminal law committed during the United States invasion of Iraq. Taking stock of the entire war, it uniquely documents the overestimation of the successes and underestimation of the failings of the Surge and Awakening policies. The authors show how an initial cynical framing of the American war led to the creation of a new Shia-dominated Iraq state, which in turn provoked powerful feelings of legal cynicism among Iraqis, especially the Sunni. The predictable result was a resilient Sunni insurgency that re-emerged in the violent aftermath of the 2011 withdrawal. Examining more than a decade of evidence, this book makes a powerful case that the American war in Iraq constituted a criminal war of aggression.

Page 4 of 8