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The Subdivision and Site Plan Handbook
by David Listokin Carole WalkerThe Supreme Court decision that property owners may be entitled to compensation for government regulations that deprive them of reasonable use of their property has thrown the land-use field into a state of turmoil. Will municipal land-use ordinances be found excessive? What regulations can be considered a reasonable exercise of police power for public health, safety, and welfare? Will municipalities be liable for compensation to property owners if development is restricted? How can municipalities and developers plan in the wake of this decision?Ordinance provisions cover components of subdivision regulation: general provisions, definitions, administration, procedure, design and improvements, off-tract improvements, and documents to be submitted. The Subdivision and Site Plan Handbook provides a narrative on the background, rationale, and intent of each requirement accompanying the model ordinance; gives an overview of the history of subdivision regulation in the United States; traces the evolution of land-use regulation through various stages; and presents the legal context for present-day regulation.The book has been designed for use by government administrators, developers, planners, attorneys, and others interested in land-use regulation. The model ordinance represents the most current thinking about land use and site control and responds to questions raised by the Supreme Court decision. David Listokin and Carole Walker's analyses are flexible, efficient, responsive to local conditions, and balance regulatory costs and benefits.
The Subject and Other Subjects: On Ethical, Aesthetic, and Political Identity
by Tobin SiebersThe Subject and Other Subjectstheorizes the differences among ethical, aesthetic, and political conceptions of identity. When a person is called beautiful, why does it strike us as an objectification? Is a person whom we consider to be an exemplary person still a person, and not an example? Can one person conceive what it means to have the perspective of a community? This study treats these thorny issues in the context of recent debates in cultural studies, feminism, literary criticism, narrative theory, and moral philosophy concerning the nature and directions of multiculturalism, post-modernity, and sexual politics. Tobin Siebers raises a series of questions that "cross the wires" among ethical, aesthetic, and political definitions of the self, at once exposing our basic assumptions about these definitions and beginning the work of reconceiving them. The Subject and Other Subjectswill broaden our ideas about the strange interplay between subjects and objects (and other subjects!) that characterizes modern identity, and so provoke lively debate among anthropologists, art historians, literary theorists, philosophers, and others concerned with how the question of the subject becomes entangled with ethics, aesthetics, and politics. As Siebers argues, the subject is in fact a tangled network of subjectivities, a matrix of identities inconceivable outside of symbols and stories. Tobin Siebers is Professor of English at the University of Michigan, and author ofCold War Criticism and the Politics of Skepticism; Morals and Stories; The Ethics of Criticism; The Romantic Fantastic; andThe Mirror of Medusa.
The Subject of Copyright: Perspectives from Law, Aesthetics and Cognitive Science (Routledge Research in Intellectual Property)
by Ewa Laskowska-LitakExploring the concept of copyright subject matter through the lenses of law, aesthetics and cognitive science, this book describes the historical evolution of a work into an artefact that qualifies as copyrightable subject matter. Discussing the originality requirement towards an artefactual understating of intangible goods, copyright’s present struggles with modern societies and technologies, and growing inequalities between rights holders and producers, the book adopts an interdisciplinary approach based on studies in law, aesthetics, neuroscience, and cognitive science to present a novel perspective on the non-artefactual and contextual identification of copyright subject matter. The book examines the challenges raised by aesthetic and neuroaesthetic concepts and cognitive studies, seeking to create a unifying framework of identification strategies for modern copyright law which embrace historical, philosophical and social perspectives, the book develops a research methodology that offers a new interdisciplinary and holistic approach for understanding the subject of copyright and better addressing the needs of modern society, technology and business models. Touching on normative understandings of creativity and legal-philosophical, aesthetic, and cognitive considerations with regard to the idea/expression dichotomy in copyright law, the book will be of immense interest to legal scholars, legal philosophers, aestheticians and neuroaestheticians.
The Subject of Freedom: Kant, Levinas (Commonalities)
by null Gabriela BasterraIs freedom our most essential belonging, the intimate source of self-mastery, an inalienable right? Or is it something foreign, an other that constitutes subjectivity, a challenge to our notion of autonomy? To Basterra, the subjectivity we call free embodies a relationship with an irreducible otherness that at once exceeds it and animates its core.Tracing Kant’s concept of freedom from the Critique of Pure Reason to his practical works, Basterra elaborates his most revolutionary insights by setting them in dialogue with Levinas’s Otherwise than Being. Levinas’s text, she argues, offers a deep critique of Kant that follows the impulse of his thinking to its most promising consequences. The complex concepts of freedom, autonomy, and subjectivity that emerge from this dialogue have the potential to energize today’s ethical and political thinking.
The Subject of Prostitution: Sex Work, Law and Social Theory
by Jane ScoularThe Subject of Prostitution offers a distinctive analysis of the links between prostitution and social theory in order to advance a critical analysis of the relationship of law to sex work. Using the lens of social theory to disrupt fixed meanings the book provides an advanced analytical framework through which to understand the complexity and contingencies of sex work in late modernity. The book analyses contemporary citizenship discourse and the law's ability to meet the competing demands of empowerment by sex workers and protection by radical feminists who view prostitution as the epitome of patriarchal sexual and economic relations. Its central focus is the role of law in both structuring and responding to the 'problem of prostitution'. By developing a distinctive constitutive approach to law, the author offers a more advanced analytical framework from which to understand how law matters in contemporary debates and also suggests how law could matter in more imaginative justice reforms. This is particularly pertinent in a period of unprecedented legal reform, both internationally and nationally, as legal norms simultaneously attempt to protect, empower and criminalise parties involved in the purchase of sexual services. The Subject of Prostitution aims to overcome the current aporia in these debates and suggest new ways to engage with the subject and law. As such, The Subject of Prostitution provides an advanced theoretical resource for policymakers, researchers and activists involved in contemporary struggles over the meanings and place of sex work in late modernity.
Subjective versus Objective Moral Wrongness (Elements in Ethics)
by Peter A. GrahamThere is presently a debate between Subjectivists and Objectivists about moral wrongness. Subjectivism is the view that the moral status of our actions, whether they are morally wrong or not, is grounded in our subjective circumstances – either our beliefs about, or our evidence concerning, the world around us. Objectivism, on the other hand, is the view that the moral status of our actions is grounded in our objective circumstances – all those facts other than those which comprise our subjective circumstances. A third view, Ecumenism, has it that the moral status of our actions is grounded both in our subjective and our objective circumstances. After outlining and evaluating the various arguments both against Subjectivism and against Objectivism, this Element offers a tentative defense of Objectivism about moral wrongness.
Subjectivity and Truth: Lectures at the Collège de France, 1980-1981
by Michel Foucault“The working hypothesis is this: it is true that sexuality as experience is obviously not independent of codes and systems of prohibitions, but it needs to be recalled straightaway that these codes are astonishingly stable, continuous, and slow to change. It needs to be recalled also that the way in which they are observed or transgressed also seems to be very stable and very repetitive. On the other hand, the point of historical mobility, what no doubt change most often, what are most fragile, are modalities of experience.” - Michel Foucault In 1981 Foucault delivered a course of lectures which marked a decisive reorientation in his thought and of the project of a History of Sexuality outlined in 1976. It was in these lectures that arts of living became the focal point around which he developed a new way of thinking about subjectivity. It was also the moment when Foucault problematized a conception of ethics understood as the patient elaboration of a relationship of self to self. It was the study of the sexual experience of the Ancients that made these new conceptual developments possible. Within this framework, Foucault examined medical writings, tracts on marriage, the philosophy of love, or the prognostic value of erotic dreams, for evidence of a structuration of the subject in his relationship to pleasures (aphrodisia) which is prior to the modern construction of a science of sexuality as well as to the Christian fearful obsession with the flesh. What was actually at stake was establishing that the imposition of a scrupulous and interminable hermeneutics of desire was the invention of Christianity. But to do this it was necessary to establish the irreducible specificity of ancient techniques of self. In these lectures, which clearly foreshadow The Use of Pleasures and The Care of Self, Foucault examines the Greek subordination of gender differences to the primacy of an opposition between active and passive, as well as the development by Imperial stoicism of a model of the conjugal bond which advocates unwavering fidelity and shared feelings and which leads to the disqualification of homosexuality.
Subjectivity, Citizenship and Belonging in Law: Identities and Intersections
by Anne Griffiths Sanna Mustasaari Anna Mäki-Petajä-LeinonenThis collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications.
Subjectivity, Citizenship and Belonging in Law: Identities and Intersections
by Anne Griffiths Sanna Mustasaari Anna Mäki-Petäjä-LeinonenThis collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications.Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
The Subjects of Ottoman International Law
by Will Smiley Aimee M. Genell Michael Christopher Low Will Hanley Lâle Can Julia Stephens Faiz Ahmed Jeffrey Dyer David Gutman Stacy D. Fahrenthold Umut ÖzsuThe core of this edited volume originates from a special issue of the Journal of the Ottoman and Turkish Studies Association (JOTSA) that goes well beyond the special issue to incorporate the stimulating discussions and insights of two Middle East Studies Association conference roundtables and the important work of additional scholars in order to create a state-of-the-field volume on Ottoman sociolegal studies, particularly regarding Ottoman international law from the eighteenth century to the end of the empire. It makes several important contributions to Ottoman and Turkish studies, namely, by introducing these disciplines to the broader fields of trans-imperial studies, comparative international law, and legal history. Combining the best practices of diplomatic history and history from below to integrate the Ottoman Empire and its subjects into the broader debates of the nineteenth-century trans-imperial history this unique volume represents the exciting work and cutting-edge scholarship on these topics that will continue to shape the field in years to come.
Subjektunabhängige, analytische Unternehmensethik: Begründung und Relevanz als praktisch-normative Betriebswirtschaftslehre
by Florian FuchsIn diesem Open-Access-Buch beleuchtet Florian Fuchs den historischen Diskurs um eine Integration ethischer Fragestellungen in die betriebswirtschaftliche Forschung. Vor dem Hintergrund einer bisher fehlenden originären Mesoethik entwickelt er mit einem Rekurs auf die Erkenntnisse der neueren Systemtheorie eine neue Unternehmensethikkonzeption. Diese ermöglicht erstmalig die Konzeption einer genuinen Unternehmensethik als strukturiertes Legitimitätsmanagement. Seit der Begründung der Betriebswirtschaftslehre Ende des 19. Jahrhunderts wird um die Sinnhaftigkeit und Möglichkeit einer fundierten Beschäftigung mit normativen Aussagen im Allgemeinen, sowie einer Forschungstätigkeit in der Domäne der Wirtschaftsethik im Speziellen, intensiv wie kontrovers gerungen. Dabei bleibt vor dem Hintergrund zahlreicher Unternehmensskandale und einer zunehmenden gesellschaftlichen Kritik an der Wirtschaftspraxis eine kritische Reflexion wirtschaftlichen Handelns hochrelevant – wobei allerdings die Frage zu stellen ist, wie eine wirtschaftsethische Beschäftigung für die BWL wissenschaftshistorisch informiert wie auch wissenschaftstheoretisch fundiert zu begründen wäre.
The Subjugation of Canadian Wildlife: Failures of Principle and Policy (McGill-Queen's Rural, Wildland, and Resource Studies #9)
by Max ForanHardly a day goes by without news of the extinction or endangerment of yet another animal species, followed by urgent but largely unheeded calls for action. An eloquent denunciation of the failures of Canada’s government and society to protect wildlife from human exploitation, Max Foran’s The Subjugation of Canadian Wildlife argues that a root cause of wildlife depletions and habitat loss is the culturally ingrained beliefs that underpin management practices and policies. <P><P>Tracing the evolution of the highly contestable assumptions that define the human–wildlife relationship, Foran stresses the price wild animals pay for human self-interest. Using several examples of government oversight at the federal, provincial, and territorial levels, from the Species at Risk Act to the Biodiversity Strategy, Protected Areas Network, and provincial management plans, this volume shows that wildlife policies are as much – or more – about human needs, priorities, and profit as they are about preservation. Challenging established concepts including ecological integrity, adaptive management, sport hunting as conservation, and the flawed belief that wildlife is a renewable resource, the author compels us to recognize animals as sentient individuals and as integral components of complex ecological systems. <P><P>A passionate critique of contemporary wildlife policy, The Subjugation of Canadian Wildlife calls for belief-change as the best hope for an ecologically healthy, wildlife-rich Canada.
Submarine Cables Protection and Regulations: A Comparative Analysis and Model Framework
by Utpal Kumar Raha Raju K. D.This book highlights the critical importance of laying, quick relinking, and protecting submarine cables with timely approval for carriers and cable repairing ships and how these are most challenging in many jurisdictions. It identifies that a dedicated national instrument on submarine cable as a way forward is yet to be appreciated by many States, and presently, there is no model legal framework for national instruments on submarine cables available. To bridge these gaps, the book undertakes a systematic inquiry and analysis of submarine cable regimes' and relevant authorities. It consults existing knowledge on international law on cables and analyzes specific principles and provisions on laying repair and maintenance of submarine cables and states’ obligations towards protecting cables from vulnerabilities. It touches upon cable regulation in the deep sea concerning the International Seabed Authority and proposed biodiversity agreement. It indicates suitable measures on cable laying, etc., and security risks in the marine space beyond the national jurisdictions. To map States’ response, it explores the domestic cable regimes, including both the selected jurisdictions and Australia and New Zealand, analyses specific legal provisions and institutional set-up, and demonstrates state practices, approaches, and loopholes in the governance of the cable system within national jurisdictions. The book suggests adopting the spatial ocean management approach, dedicated regulatory authority, a competent enforcement agency, strict liability with exemplary punishment on cable damage, and the cable system to strengthen the cable system's management. Finally, it arranges the fundamental premises of a common minimum framework for national instruments seeking coastal states’ deliberations in implementing initiatives towards a robust law and policy for reliability, resiliency, and security of the cable system. The cable industries, pipeline, fishing, shipping industries, academicians, government authorities, international bodies, and the maritime community worldwide are looking at the issues and challenges of submarine cable regimes, particularly national regimes and suggestive remedial measures. These stakeholders will find the book a useful reference.
Subnational Authorities and the European Union: Compliance in a Multilevel Implementation System (The Future of Europe)
by Stephan LutzenbergerThe European Union, as a regulatory polity based on integration through law, arguably relies more on legal compliance with its policies than any other political system. Proceeding from this point of departure, this book puts the spotlight on the subnational tier and scrutinizes its role in ensuring compliance. Drawing on a dataset of infringement proceedings against federal and regionalized member states, the book shows that strong shared rule, i.e., strong cooperation between national and subnational authorities, can improve national compliance records. In contrast, policy sectors with strong redistributive consequences impair subnational authorities’ capacity to comply. In short, policy and politics matter more than polity.
Subsequent Agreements and Subsequent Practice in Domestic Courts
by Katharina BernerThe book analyses how subsequent agreements and subsequent practice as defined in articles 31 and 32 of the 1969 Vienna Convention on the Law of Treaties have been applied in interpretative reality. Based on the jurisprudence of domestic courts, it elucidates the distribution of power between the parties to a treaty and other actors. To start with, the book traces the origins of subsequent agreements and subsequent practice and places them in their broader legal context. Next, it explores the legal status and effects of subsequent agreements and subsequent practice, explains why such agreements are only rarely used, and defines the relevance of non-party practice in the interpretative process. In closing, it critically examines how domestic courts have approached the normative heart of subsequent practice, i. e. the notion of 'agreement'. Thus, this book ultimately challenges the traditional assumption that the parties are the joint masters of the treaty.
Subsidiaritätsgrundsatz und Tatsachenfeststellung unter der Europäischen Menschenrechtskonvention: Analyse der Rechtsprechung zu Art. 3 EMRK (Beiträge zum ausländischen öffentlichen Recht und Völkerrecht #283)
by Arthur BrunnerDieses Buch ist eine Open-Access-Publikation unter einer CC BY 4.0 Lizenz. Subsidiarität ist zu einem Schlüsselbegriff des Diskurses um die Europäische Menschenrechtskonvention (EMRK) geworden. Neben seiner vielbeachteten materiell-rechtlichen Funktion kommt dem Begriff auch eine verfahrensrechtliche Tragweite zu. Das vorliegende Buch widmet sich dieser prozessualen Dimension des Subsidiaritätsprinzips und beleuchtet das Verhältnis von nationalen Gerichten und Europäischem Gerichtshof für Menschenrechte (EGMR) mit Blick auf die Tatsachenfeststellung. Konkret geht es einerseits um die Frage, wie der EGMR mit Tatsachen umgehen soll, die erst nach Abschluss des nationalen Verfahrens entstanden sind oder vor dem EGMR neu vorgebracht werden (echte und unechte Noven). Anderseits ist aufzuzeigen, ob und unter welchen Umständen der EGMR von den Tatsachenfeststellungen der nationalen Gerichte abweichen darf.
The Substance of Representation: Congress, American Political Development, and Lawmaking (Princeton Studies in American Politics: Historical, International, and Comparative Perspectives #133)
by John S. LapinskiLawmaking is crucial to American democracy because it completely defines and regulates the public life of the nation. Yet despite its importance, political scientists spend very little time studying the direct impact that the politics surrounding a particular issue has on lawmaking. The Substance of Representation draws on a vast range of historical and empirical data to better understand how lawmaking works across different policy areas. Specifically, John Lapinski introduces a theoretically grounded method for parsing policy issues into categories, and he shows how policymaking varies in predictable ways based on the specific issue area being addressed. Lapinski examines the ways in which key factors that influence policymaking matter for certain types of policy issues, and he includes an exhaustive look at how elite political polarization shifts across these areas. He considers how Congress behaves according to the policy issue at hand, and how particular areas--such as war, sovereignty issues, and immigration reform--change legislative performance. Relying on records of all Congressional votes since Reconstruction and analyzing voting patterns across policy areas from the late nineteenth to late twentieth centuries, Lapinski provides a comprehensive historical perspective on lawmaking in order to shed light on current practices. Giving a clear picture of Congressional behavior in the policymaking process over time, The Substance of Representation provides insights into the critical role of American lawmaking.
Substantive Protection under Investment Treaties
by Jonathan BonnitchaSubstantive Protection under Investment Treaties provides the first systematic analysis of the consequences of the substantive protections that investment treaties provide to foreign investors. It proposes a new framework for identifying and evaluating the costs and benefits of differing levels of investment treaty protection, and uses this framework to evaluate the levels of protection for foreign investors implied by different interpretations of the fair and equitable treatment and indirect expropriation provisions of investment treaties. The author examines the arguments and assumptions of both supporters and critics of investment treaties, seeks to test whether they are coherent and borne out by evidence, and concludes that the 'economic' justifications for investment treaty protections are much weaker than is generally assumed. As such, the 'economic' objectives of investment treaties are not necessarily in tension with other 'non-economic' objectives. These findings have important implications for the drafting and interpretation of investment treaties.
The Substitution Order: A novel
by Martin ClarkFrom Martin Clark--praised by Entertainment Weekly as "our best legal-thriller writer"--comes a wickedly clever, tenderhearted, and intricately plotted novel about a hard-luck lawyer's refusal to concede defeat, even as fate, the court system, and a gang of untouchable con artists conspire against him.Kevin Moore, once a high-flying Virginia attorney, hits rock bottom after an inexplicably tumultuous summer leaves him disbarred and separated from his wife. Short on cash and looking for work, he lands in the middle of nowhere with a job at SUBstitution, the world's saddest sandwich shop. His closest confidants: a rambunctious rescue puppy and the twenty-year-old computer whiz manning the restaurant counter beside him. He's determined to set his life right again, but the troubles keep coming. And when a bizarre, mysterious stranger wanders into the shop armed with a threatening "invitation" to join a multimillion-dollar scam, Kevin will need every bit of his legal savvy just to stay out of prison. A remarkable tour of the law's tricks and hidden trapdoors, The Substitution Order is both wise and ingenious, a wildly entertaining novel that will keep you guessing--and rooting for its tenacious hero--until the very last page.
Subtle Tools: The Dismantling of American Democracy from the War on Terror to Donald Trump
by Karen J. GreenbergHow policies forged after September 11 were weaponized under Trump and turned on American democracy itselfIn the wake of the September 11 terror attacks, the American government implemented a wave of overt policies to fight the nation’s enemies. Unseen and undetected by the public, however, another set of tools were brought to bear on the domestic front. In this riveting book, one of today’s leading experts on the US security state shows how these “subtle tools” imperiled the very foundations of democracy, from the separation of powers and transparency in government to adherence to the Constitution.Taking readers from Ground Zero to the Capitol insurrection, Karen Greenberg describes the subtle tools that were forged under George W. Bush in the name of security: imprecise language, bureaucratic confusion, secrecy, and the bypassing of procedural and legal norms. While the power and legacy of these tools lasted into the Obama years, reliance on them increased exponentially in the Trump era, both in the fight against terrorism abroad and in battles closer to home. Greenberg discusses how the Trump administration weaponized these tools to separate families at the border, suppress Black Lives Matter protests, and attempt to overturn the 2020 presidential election.Revealing the deeper consequences of the war on terror, Subtle Tools paints a troubling portrait of an increasingly undemocratic America where disinformation, xenophobia, and disdain for the law became the new norm, and where the subtle tools of national security threatened democracy itself.
The Suburban Crisis: White America and the War on Drugs
by Matthew D. LassiterHow the drug war transformed American political cultureSince the 1950s, the American war on drugs has positioned white middle-class youth as sympathetic victims of illegal drug markets who need rehabilitation instead of incarceration whenever they break the law. The Suburban Crisis traces how politicians, the media, and grassroots political activists crusaded to protect white families from perceived threats while criminalizing and incarcerating urban minorities, and how a troubling legacy of racial injustice continues to inform the war on drugs today.In this incisive political history, Matthew Lassiter shows how the category of the “white middle-class victim” has been as central to the politics and culture of the drug war as racial stereotypes like the “foreign trafficker,” “urban pusher,” and “predatory ghetto addict.” He describes how the futile mission to safeguard and control white suburban youth shaped the enactment of the nation’s first mandatory-minimum drug laws in the 1950s, and how soaring marijuana arrests of white Americans led to demands to refocus on “real criminals” in inner cities. The 1980s brought “just say no” moralizing in the white suburbs and militarized crackdowns in urban centers.The Suburban Crisis reveals how the escalating drug war merged punitive law enforcement and coercive public health into a discriminatory system for the social control of teenagers and young adults, and how liberal and conservative lawmakers alike pursued an agenda of racialized criminalization.
Suburban Sweatshops: The Fight for Immigrant Rights
by Jennifer GordonJorge Bonilla is hospitalized with pneumonia from sleeping at the restaurant where he works, unable to afford rent on wages of thirty cents an hour. Domestic worker Yanira Juarez discovers she has labored for six months with no wages at all; her employer lied about establishing a savings account for her. We live in an era of the sweatshop reborn. In 1992 Jennifer Gordon founded the Workplace Project to help immigrant workers in the underground suburban economy of Long Island, New York. In a story of gritty determination and surprising hope, she weaves together Latino immigrant life and legal activism to tell the unexpected tale of how the most vulnerable workers in society came together to demand fair wages, safe working conditions, and respect from employers. Immigrant workers--many undocumented--won a series of remarkable victories, including a raise of thirty percent for day laborers and a domestic workers' bill of rights. In the process, they transformed themselves into effective political participants. Gordon neither ignores the obstacles faced by such grassroots organizations nor underestimates their very real potential for fundamental change. This revelatory work challenges widely held beliefs about the powerlessness of immigrant workers, what a union should be, and what constitutes effective lawyering. It opens up exciting new possibilities for labor organizing, community building, participatory democracy, legal strategies, and social justice.
Subversive Legal History: A Manifesto for the Future of Legal Education (Transforming Legal Histories)
by Russell SandbergProvocative, audacious and challenging, this book rejuvenates not only the historical study of law and but also the role of Law Schools by asking which stories we tell and which stories we forget. It argues that a historical approach to law should be at the beating heart of the Law School curriculum. Far from being archaic, elitist and dull, historical perspectives on law are and should be subversive. Comparison with the past underscores: how the law and legal institutions are not fixed but are constructed; that every line drawn in the law and everything the law holds as sacred is arbitrary; and how the environment into which law students are socialised is a historical construct. A subversive approach is needed to highlight, question, de-construct and re-construct the authored nature of the law, revealing that that legal change on a larger scale is possible. Subversive Legal History is not a type of Legal History but is a characteristic. It describes a legal method that should not be the preserve only of specialist legal historians but rather should be part of the toolkit of all law students, teachers and researchers. The book will be essential reading for all who work and study in Law Schools, proposing a radical new approach not only to the historical study of law but to the content, purpose and ambition of legal education. A subversive approach can revolutionise Law Schools providing a more ambitious legal education which is grounded in the socio-legal reality, helping to ensure that today’s law students are better equipped to be the professionals and citizens of tomorrow.
Subversive Property: Law and the Production of Spaces of Belonging (Social Justice)
by Sarah KeenanThis book explores the relationship between space, subjectivity and property in order to invert conventional socio-legal understandings of property. Sarah Keenan demonstrates that new political possibilities for property may be unveiled by thinking about property in terms of space and belonging, rather than exclusion. Drawing on feminist and critical race theory, this book shifts focus away from the propertied subject and on to the broader spaces in and through which the propertied subject is located. Using case studies, such as analyses of compulsory leases under Australia’s Northern Territory Intervention and lesbian asylum cases from a range of jurisdictions, Keenan argues that these spaces consist of networks of relations that revolve around belonging: not just belonging between subject and object, as property is traditionally understood, but also the less explored relation of belonging between the part and the whole. This book therefore offers a conceptually useful way of analysing a wide range of socio-legal issues. It will be of relevance to those working in the area of property and legal geography, but also to those with more general interests in socio-legal studies, social and political theory, postcolonial studies, critical race studies and gender and sexuality studies.
Subversive Witness: Scripture's Call to Leverage Privilege
by Dominique DuBois GilliardLearn to leverage privilege.Privilege is a social consequence of our unwillingness to reckon with and turn from sin. But properly stewarded, it can help us see and participate in God's inbreaking kingdom. Scripture repeatedly affirms that privilege is real and declares that, rather than exploiting it for selfish gain or feeling immobilized by it, Christians have a responsibility to leverage it.Subversive Witness asks us to grapple with privilege, indifference, and systemic sin in new ways by using biblical examples to reveal the complex nature of privilege and Christians' responsibility in stewarding it well.Dominique DuBois Gilliard highlights several people in the Bible who understood this kingdom call. Through their stories, you will discover how to leverage privilege to:Resist SinStand in Solidarity with the OppressedBirth LiberationCreate Systemic ChangeProclaim the Good NewsGenerate Social TransformationBy embodying Scripture's subversive call to leverage--and at times forsake--privilege, readers will learn to love their neighbors sacrificially, enact systemic change, and grow more Christlike as citizens of God's kingdom.