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The Law Is a White Dog: How Legal Rituals Make and Unmake Persons
by Colin DayanA fascinating account of how the law determines or dismantles identity and personhoodAbused dogs, prisoners tortured in Guantánamo and supermax facilities, or slaves killed by the state—all are deprived of personhood through legal acts. Such deprivations have recurred throughout history, and the law sustains these terrors and banishments even as it upholds the civil order. Examining such troubling cases, The Law Is a White Dog tackles key societal questions: How does the law construct our identities? How do its rules and sanctions make or unmake persons? And how do the supposedly rational claims of the law define marginal entities, both natural and supernatural, including ghosts, dogs, slaves, terrorist suspects, and felons? Reading the language, allusions, and symbols of legal discourse, and bridging distinctions between the human and nonhuman, Colin Dayan looks at how the law disfigures individuals and animals, and how slavery, punishment, and torture create unforeseen effects in our daily lives.Moving seamlessly across genres and disciplines, Dayan considers legal practices and spiritual beliefs from medieval England, the North American colonies, and the Caribbean that have survived in our legal discourse, and she explores the civil deaths of felons and slaves through lawful repression. Tracing the legacy of slavery in the United States in the structures of the contemporary American prison system and in the administrative detention of ghostly supermax facilities, she also demonstrates how contemporary jurisprudence regarding cruel and unusual punishment prepared the way for abuses in Abu Ghraib and Guantánamo.Using conventional historical and legal sources to answer unconventional questions, The Law Is a White Dog illuminates stark truths about civil society's ability to marginalize, exclude, and dehumanize.
The Law is (Not) for Kids: A Legal Rights Guide for Canadian Children and Teens
by Ned Lecic Marvin A. ZukerIn this practical guide to the law for young people of Canada, Ned Lecic and Marvin Zuker provide an all-encompassing manual meant to empower and educate children and youth and those that serve them. The authors address questions about how rights and laws affect the lives of young people at home, at school, at work, and in their relationships as they draw attention to the many ways in which a person’s life can intersect with the law. Deliberately refraining from taking a moral approach, the authors instead advocate for the rights of children and provide examples of how young people can get their legal rights enforced. In addition to being critical information for youth about citizenship, The Law is (Not) for Kids is a valuable resource for teachers, counsellors, lawyers, and all those who support youth in their encounters with the law.
Law, Judges and Visual Culture (Social Justice)
by Leslie J MoranLaw, Judges and Visual Culture analyses how pictures have been used to make, manage and circulate ideas about the judiciary through a variety of media from the sixteenth century to the present. This book offers a new approach to thinking about and making sense of the important social institution that is the judiciary. In an age in which visual images and celebrity play key roles in the way we produce, communicate and consume ideas about society and its key institutions, this book provides the first in-depth study of visual images of judges in these contexts. It not only examines what appears within the frame of these images; it also explores the impact technologies and the media industries that produce them have upon the way we engage with them, and the experiences and meanings they generate. Drawing upon a wide range of scholarship – including art history, film and television studies, and social and cultural studies, as well as law – and interviews with a variety of practitioners, painters, photographers, television script writers and producers, as well as court communication staff and judges, the book generates new and unique insights into making, managing and viewing pictures of judges. Original and insightful, Law, Judges and Visual Culture will appeal to scholars, postgraduates and undergraduates from a variety of disciplines that hold an interest in the role of visual culture in the production of social justice and its institutions.
Law, Justice, and Society: A Sociolegal Introduction
by Anthony Walsh Craig HemmensAn accessible and lively introduction to the field, Law, Justice, and Society: A Sociolegal Introduction, Fifth Edition, explores the relationship between legal systems and other social institutions using a distinctive sociological point of view. Anthony Walsh and Craig Hemmens provide detailed discussions of the various ways in which law impacts people based on race, class, gender, and age while also introducing students to the origins of the law, the history and development of the American legal system, the sociology of law, court structure, and the difference between civil and criminal law.
Law, Justice, Democracy, and the Clash of Cultures
by Michel RosenfeldThe Cold War ideological battle with universal aspirations has given way to a clash of cultures as the world concurrently moves toward globalization of economies and communications and balkanization through a clash of ethnic and cultural identities. Traditional liberal theory has confronted daunting challenges in coping with these changes and with recent developments such as the spread of postmodern thought, religious fundamentalism, and global terrorism. This book argues that a political and legal philosophy based on pluralism is best suited to confront the problems of the twenty-first century. Pointing out that monist theories such as liberalism have become inadequate and that relativism is dangerous, the book makes the case for pluralism from the standpoint of both theory and its applications. The book engages with thinkers, such as Spinoza, Kant, Hegel, Rawls, Berlin, Dworkin, Habermas, and Derrida, and with several subjects that are at the center of current controversies, including equality, group rights, tolerance, secularism confronting religious revival, and political rights in the face of terrorism.
Law, Labour and the Humanities: Contemporary European Perspectives
by Tiziano Toracca Angela CondelloThe ontology of work and the economics of value underpin the legal institution, with the existence of modern law predicated upon the subject as labourer. In contemporary Europe, labour is more than a mere economic relationship. Indeed, labour occupies a central position in human existence: since the industrial revolution, it has been the principal criterion of reciprocal recognition and of universal mobilization. This multi-disciplinary volume analyses labour and its depictions in their interaction with the latest legal, socio-economic, political and artistic tendencies. Addressing such issues as deregulation, flexibility, de-industrialization, the pervasive enlargement of markets, digitization and virtual relationships, social polarisation and migratory fluxes, this volume engages with the existential role played by labour in our lives at the conjunction of law and the humanities. This book will be of interest to law students, legal philosophers, theoretical philosophers, political philosophers, social and political theorists, labour studies scholars, and literature and film scholars.
Law, Land, and Family
by Eileen SpringEileen Spring presents a fresh interpretation of the history of inheritance among the English gentry and aristocracy. In a work that recasts both the history of real property law and the history of the family, she finds that one of the principal and determinative features of upper-class real property inheritance was the exclusion of females. This exclusion was accomplished by a series of legal devices designed to nullify the common-law rules of inheritance under which--had they prevailed--40 percent of English land would have been inherited or held by women. Current ideas of family development portray female inheritance as increasing in the seventeenth and eighteenth centuries, but Spring argues that this is a misperception, resulting from an incomplete consideration of the common-law rules. Female rights actually declined, reaching their nadir in the eighteenth century. Spring shows that there was a centuries-long conflict between male and female heirs, a conflict that has not been adequately recognized until now.
Law, Language, and Empire in the Roman Tradition (Empire and After)
by Clifford AndoThe Romans depicted the civil law as a body of rules crafted through communal deliberation for the purpose of self-government. Yet, as Clifford Ando demonstrates in Law, Language, and Empire in the Roman Tradition, the civil law was also an instrument of empire: many of its most characteristic features developed in response to the challenges posed when the legal system of Rome was deployed to embrace, incorporate, and govern people and cultures far afield.Ando studies the processes through which lawyers at Rome grappled with the legal pluralism resulting from imperial conquests. He focuses primarily on the tools—most prominently analogy and fiction—used to extend the system and enable it to regulate the lives of persons far from the minds of the original legislators, and he traces the central place that philosophy of language came to occupy in Roman legal thought.In the second part of the book Ando examines the relationship between civil, public, and international law. Despite the prominence accorded public and international law in legal theory, it was civil law that provided conceptual resources to those other fields in the Roman tradition. Ultimately it was the civil law's implication in systems of domination outside its own narrow sphere that opened the door to its own subversion. When political turmoil at Rome upended the institutions of political and legislative authority and effectively ended Roman democracy, the concepts and language that the civil law supplied to the project of Republican empire saw their meanings transformed. As a result, forms of domination once exercised by Romans over others were inscribed in the workings of law at Rome, henceforth to be exercised by the Romans over themselves.
Law, Language and the Courtroom: Legal Linguistics and the Discourse of Judges (Law, Language and Communication)
by Gianluca Pontrandolfo Stanisław Goźdź-RoszkowskiThis book explores the language of judges. It is concerned with understanding how language works in judicial contexts. Using a range of disciplinary and methodological perspectives, it looks in detail at the ways in which judicial discourse is argued, constructed, interpreted and perceived. Focusing on four central themes - constructing judicial discourse and judicial identities, judicial argumentation and evaluative language, judicial interpretation, and clarity in judicial discourse - the book’s ultimate goal is to provide a comprehensive and in-depth analysis of current critical issues of the role of language in judicial settings. Contributors include legal linguists, lawyers, legal scholars, legal practitioners, legal translators and anthropologists, who explore patterns of linguistic organisation and use in judicial institutions and analyse language as an instrument for understanding both the judicial decision-making process and its outcome. The book will be an invaluable resource for scholars in legal linguistics and those specialising in judicial argumentation and reasoning ,and forensic linguists interested in the use of language in judicial settings.
Law, Language and Translation
by Rosanna Masiola Renato TomeiThis book is a survey of how law, language and translation overlap with concepts, crimes and conflicts. It is a transdisciplinary survey exploring the dynamics of colonialism and the globalization of crime. Concepts and conflicts are used here to mean 'conflicting interpretations' engendering real conflicts. Beginning with theoretical issues and hermeneutics in chapter 2, the study moves on to definitions and applications in chapter 3, introducing cattle stealing as a comparative theme and global case study in chapter 4. Cattle stealing is also known in English as 'rustling, duffing, raiding, stock theft, lifting and predatorial larceny. ' Crime and punishment are differently perceived depending on cultures and legal systems: 'Captain Starlight' was a legendary 'duffer'; in India 'lifting' a sacred cow is a sacrilegious act. Following the globalization of crime, chapter 5 deals with human rights, ethnic cleansing and genocide. International treaties in translation set the scene for two world wars. Introducing 'unequal treaties' (e. g. Hong Kong), chapter 6 highlights disasters caused by treaties in translation. Cases feature American Indians (the 'trail of broken treaties'), Maoris (Treaty of Waitangi) and East Africa (Treaty of Wuchale).
Law, Lawyering and Legal Education: Building an Ethical Profession in a Globalizing World (Challenges of Globalisation)
by Charles Sampford Hugh BreakeyOnce a highly cosmopolitan profession, law was largely domesticated by the demands of the Westphalian state. But as the walls between sovereign states are lowered, law is globalizing in a way that is likely to change law, lawyering and legal education as much over the next 30 years – when the students entering law schools today reach the peak of their profession – as it has over the last 300. This book provides a sustained investigation of the theoretical and practical aspects of legal practice and education, synthesizing and developing nearly thirty years of Professor Sampford’s critical thought, analysis and academic leadership. The book features two major areas of investigation. First, it explains the significance of the ‘critical’, ‘theoretical’ and ‘ethical’ dimensions of legal education and legal practice in making more effective practitioners – placing ethics and values at the heart of the profession. Second, it explores the old/new challenges and opportunities for ethical lawyers. Challenges include those for lawyers working in large organisations dealing with issues from international tax minimisation to advising governments bent on war. Opportunities range from the capacity to give client’s ethical advice to playing a key role in the emergence of an international rule of law as they had to the ‘domestic’ rule of law. The book should stimulate great interest and occasional passion for legal practitioners, students, teachers and researchers of law, lawyering, legal practice and legal institutions. Its inter-disciplinary approaches should be of interest to those with interests in education theory, international relations, political science and government, professional ethics, sociology, public policy and governance studies.
Law, Lawyers and Justice: Through Australian Lenses
by Kim D. Weinert Karen Crawley Kieran TranterThis book engages with the place of law and legality within Australia’s distinctive contribution to global televisual culture. Australian popular culture has created a lasting legacy – for good or bad – of representations of law, lawyers and justice ‘down under’. Within films and television of striking landscapes, peopled with heroes, antiheroes, survivors and jokers, there is a fixation on law, conflicts between legal orders, brutal violence and survival. Deeply compromised by the ongoing violence against the lives and laws of First Nation Australians, Australian film and television has sharply illuminated what it means to live with a ‘rule of law’ that rules with a legacy, and a reality, of deep injustice. This book is the first to bring together scholars to reflect on, and critically engage with, the representations and global implications of law, lawyers and justice captured through the lenses of Australian film, television and social media. Exploring how distinctively Australian lenses capture uniquely Australian images and narratives, the book nevertheless engages these in order to provide broader insights into the contemporary translations and transmogrifications of law and justice.
Law, Lawyers and Race: Critical Race Theory from the US to Europe
by Mathias MöschelCritical Race Theory (CRT) is virtually unheard of in European scholarship, especially among legal scholars. Law, Lawyers and Race: Critical Race Theory from the United States to Europe endeavours to fill this gap by providing an overview of the definition and consequences of CRT developed in American scholarship and describing its transplantation and application in the continental European context. <P><P> The CRT approach adopted in this book illustrates the reasons why the relationship between race and law in European civil law jurisdictions is far from anodyne. Law plays a critical role in the construction, subordination and discrimination against racial minorities in Europe, making it comparable, albeit in slightly different ways, to the American experience of racial discrimination. Anti-Semitism, Islamophobia, anti-Roma and anti-Black racism constitute a fundamental factor, often tacitly accepted, in the relationship between law and race in Europe. Consequently, the broadly shared anti-race and anti-racist position is problematic because it acts to the detriment of victims of racism while privileging the White, Christian, male majority. <P><P> This book is an original exploration of the relationship between law and race. As such it crosses the disciplinary divide, furthering both legal scholarship and research in Race and Ethnicity Studies.
Law, Legal Culture and Society: Mirrored Identities of the Legal Order (Studies in the Sociology of Law)
by Alberto FebbrajoThis volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural ways in which legal cultures work in a modern society, through the metaphor of the mirror. As a mirror of society, it distinguishes between the structure and function of legal culture within the legal system, and the external representation of law in society. This duality is further problematized in relation to the increasing transnationalisation of law. Based on a multi-level interpretation of the concept of legal culture, the work is divided into three parts: the first addresses the mutual reflections of social and legal norms that support a pluralist representation of internal legal cultures, the second concentrates on the external legal cultures that constantly enable pragmatic adjustments of the legal order to its social environment, and the third concludes the book with a theoretical discussion of the issues presented.
Law, Legal Expertise and EU Policy-Making
by Emilia Korkea-Aho Päivi Leino-SandbergThis edited collection examines the changing role of the legal profession as experts in the context of European Union policy-making. Drawing on theoretical and empirical research and the idea of law as a social and political practice, this socio-legal work brings together a group of legal scholars and political scientists to investigate how lawyers, through the deployment of their expertise and knowledge, act as experts in matters of EU related policy-making at the national, European and international levels. It provides new theoretical viewpoints and untold stories from legal experts themselves, promotes an evolving definition of what constitutes legal expertise and what shapes legal experts in a time when experts are in equal measure both revered and ignored, and introduces new critical voices in the field of EU socio-legal studies.
Law, Legislation and Liberty, Volume 1: Rules and Order
by Friedrich A. HayekThis volume represents the first section of comprehensive three-part study of the relations between law and liberty. Rules and Order constructs the framework necessary for a critical analysis of prevailing theories of justice and of the conditions which a constitution securing personal liberty would have to satisfy.
Law, Liberty and State
by Dyzenhaus, David and Poole, Thomas David Dyzenhaus Thomas Poole"Oakeshott, Hayek and Schmitt are associated with a conservative reaction to the 'progressive' forces of the twentieth century. Each was an acute analyst of the juristic form of the modern state and the relationship of that form to the idea of liberty under a system of public, general law. Hayek had the highest regard for Schmitt's understanding of the rule of law state despite Schmitt's hostility to it, and he owed the distinction he drew in his own work between a purpose-governed form of state and a law-governed form to Oakeshott. However, the three have until now rarely been considered together, something which will be ever more apparent as political theorists, lawyers and theorists of international relations turn to the foundational texts of twentieth-century thought at a time when debate about liberal democratic theory might appear to have run out of steam"--
Law, Liberty, and the Rule of Law
by Imer B. Flores Kenneth E. HimmaIn recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it's ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.
Law Librarians Abroad
by Janet SinderGain an international perspective on law library practices and precedents!Because law librarianship is an increasingly international field, working and learning abroad can enrich you culturally and professionally. Whether you visit for a few weeks or move halfway across the world for a year or more, Law Librarians Abroad gives you information about exchange programs, tips for adapting to a different culture, and ideas on how to make the most of a life-changing experience. Law Librarians Abroad explains a number of types of work you may find in other countries: US Information Agency or UN library programs informal visits formal exchange programs teaching clients or colleagues to use new technologies temporary library positions combining personal research with library workSome of the contributors to this exciting volume visited completely different cultures. Their new experiences included seeing snow for the first time and scuba diving the Great Barrier Reef. One went home to Korea after 25 years in the United States.Law Librarians Abroad offers practical suggestions as well: pitfalls and pleasures of living in a foreign country how to set up an exchange or plan a visiting librarian program how to build friendships with librarians abroad before you goIn countries from Canada to Zimbabwe, on every continent except Antarctica, the authors of Law Librarians Abroad combined work and travel--and you can too!
Law Library Collection Development in the Digital Age
by Gordon Russell Michael ChiorazziWhile the digital revolution has touched every aspect of law librarianship, perhaps nowhere has the effect been more profound than in the area of collection development. Many of the materials law libraries traditionally collected in print form are now available in electronic format. Digital technology has affected the way we select, order, and process legal materials. The World Wide Web has created an explosion of both commercial and private online publishing. The cost of electronic publishing has caused many traditional law book publishers to sell their companies rather than invest in the needed technologies to compete in the 21st century. Small publishers and book jobbers have been forced to reinvent themselves. The amount of legal information available and its costs continue to soar. Law Library Collection Development in the Digital Age deals with these and other issues related to law library collection development. Chapters range from the theoretical to the practical. Inspired by Penny Hazleton’s seminal paper “How Much of Your Print Collection is Really on Lexis or Westlaw?” the editors and chapter authors of Law Library Collection Development in the Digital Age endeavor to expand on professor Hazleton&’s work, with examinations of: the role of law libraries in strategic planning for distance learning Web mirror sites trust vs. antitrust issues access vs. ownership issues how law libraries deal with electronic court records, dockets, and filings the growth of e-journals as they relate to legal publishing how the Hein Greenslips and Blackwell North America’s Bookservice cover legal materials past, present, and future roles of specialized book jobbers and more! Anyone interested in law librarianship or the information industry will find this book informative and useful. Make it a part of your professional collection today.
Law, Life, and Lore: It's Too Late to Stop Now
by Allan C. HutchinsonLaw is best interpreted in the context of the traditions and cultures that have shaped its development, implementation, and acceptance. However, these can never be assessed truly objectively: individual interpreters of legal theory need to reflect on how their own experiences create the framework within which they understand legal concepts. Theory is not separate from practice, but one kind of practice. It is rooted in the world, even if it is not grounded by it. In this highly original volume, Allan C. Hutchinson takes up the challenge of self-reflection about how his upbringing, education, and scholarship contributed to his legal insights and analysis. Through this honest examination of key episodes in his own life and work, Hutchinson produces unique interpretations of fundamental legal concepts. This book is required reading for every lawyer or legal scholar who wants to analyse critically where he or she stands when they practice and study law.
Law, Life, and the Teaching of Legal History: Essays in Honour of G. Blaine Baker
by Ian C. Pilarczyk, Angela Fernandez, and Brian YoungAs the leading legal historian of his generation in Canada and professor at McGill University for thirty-five years, Blaine Baker (1952–2018) was known for his unique personality, teaching style, intellectual cosmopolitanism, and deep commitment to the place of Canadian legal history in the curriculum of law faculties.Law, Life, and the Teaching of Legal History examines important themes in Canadian legal history through the prism of Baker’s career. Essays discuss Baker’s own research, his influence within McGill’s law faculty, his complex personality, and the relationship between the private and the public in the life of a university intellectual at the turn of the twenty-first century. Inspired by topics Baker took up in his own writing, contributors use Baker’s broad interests in legal culture to reflect on fundamental themes across Canadian legal history, including legal education, gender and race, technology, nation building and national identity, criminal law and marginalized populations, and constitutionalism.Law, Life, and the Teaching of Legal History offers a contemporary analysis of Canadian legal history and thoughtfully engages with what it means to honour one individual’s enduring legacy in the study of law.
Law, Literature and the Power of Reading: Literalism and Photography in the Nineteenth Century
by Suneel MehmiAt the intersection of law, literature and history, this book interrogates how a dominant contemporary idea of law emerged out of specific ideas of reading in the nineteenth century. Reading shapes our identities. How we read shapes who we are. Reading also shapes our conceptions of what the law is, because the law is also a practice of reading. Focusing on the works of key Victorian writers closely associated with legal practice, this book addresses the way in which the identity of the reader of law has been modelled on the identity of the political elite. At the same time, it shows how other readers of law have been marginalized. The book thus shows how a construction of the law has emerged from the ordering of a power that discriminates between different readers and readings. More specifically, and in response to the emerging media of photography – and, with it, potentially subversive ideas of exposure and visibility – the book shows that there have been dominant, hidden and unrecognised guides to legal reading and to legal thought. And in making these visible, the book also aims to make them contestable. This secret history of law will appeal to legal historians, legal theorists, those working at the intersection of law and literature and others with interests in law and the visual.
Law, Literature, and Violence Against Women: Ending the Victim Blame Game
by Erin L. KelleyThis book engages legal and literary texts in order to examine acquaintance crimes, such as rape, sexual harassment, stalking, and domestic abuse, and to challenge how the victim’s physical or psychological "freeze response" is commonly and inaccurately mistaken for her consent.Following increased interest in the #MeToo movement and the discoveries of sexual abuse by numerous public figures, this book analyzes themes in law and literature that discredit victims and protect wrongdoers. Interpreting a present-day novel alongside legislation and written court cases, each chapter pairs a fictional text with a nonfictional counterpart. In these pairings, the themes, events, and arguments of each are carefully unpacked and compared against one another. As the cross-readings unfold, we learn that a victim does not "ask for it," and she should not arouse suspicions just because she does not fight, run away, or report the crime. Instead, and as this book demonstrates, the more common and most practical response is to become physically and mentally paralyzed by fear; the victim dissociates, shuts down, and remains stuck in the fright and captivity of abuse.This book will interest scholars and students working in, and especially at the intersection of, law, literature, gender studies, and criminology.
Law, Localism, and the Constitution: A Comparative Perspective (Routledge Research in Constitutional Law)
by John StantonLocal government affects us all. Wherever we live, in towns, cities, villages or in the smallest of communities, there are locally elected councils tasked with representing people’s interests in the running of the local area. This involves, inter alia, providing public services, maintaining local spaces and acting as a level of democratic governance within the broader constitutional and executive structure of the state. To fulfil these responsibilities, though, local government must be democratically legitimate; it must have at its disposal reasonable means and resources to function; and it must enjoy a healthy and balanced relationship with central government. This book explores and analyses the extent to which local government in the different parts of the UK is able to function effectively and democratically. It draws from local councillors’ views in analysing the state of local government under the current constitutional and governmental arrangements, discussing issues such as councils’ relationship with central government; citizen engagement; finance and public services; and the impact of recent reforms. It contrasts and compares the different approaches adopted in England, Scotland, Wales and Northern Ireland, also setting out and discussing possible reforms of local government in the United Kingdom. While the focus is on the UK, the work includes a comparison with other relevant jurisdictions.