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The Politics of Court Reform: Judicial Change and Legal Culture in Indonesia
by Melissa CrouchIndonesia is the world's third largest democracy and its courts are an important part of its democratic system of governance. Since the transition from authoritarian rule in 1998, a range of new specialised courts have been established from the Commercial Courts to the Constitutional Court and the Fisheries Court. In addition, constitutional and legal changes have affirmed the principle of judicial independence and accountability. The growth of Indonesia's economy means that the courts are facing greater demands to resolve an increasing number of disputes. This volume offers an analysis of the politics of court reform through a review of judicial change and legal culture in Indonesia. A key concern is whether the reforms that have taken place have addressed the issues of the decline in professionalism and increase in corruption. This volume will be a vital resource for scholars of law, political science, law and development, and law and society.
The Politics of Crime Prevention: Race, Public Opinion, and the Meaning of Community Safety (New Perspectives in Crime, Deviance, and Law)
by Kevin H. WozniakAn important understanding of the role public opinion plays in crime prevention policy"Defund the police.” This slogan became a rallying cry among Black Lives Matter protesters following the murder of George Floyd in Minneapolis in May 2020. These three words evoke a fundamental question about America’s policy priorities: should the nation rely predominantly upon the branches of the criminal justice system to arrest, prosecute, and imprison offenders, or should the nation prioritize fixing structural causes of crime by investing more heavily in the infrastructure and institutions of disadvantaged communities? To put it simply, do Americans actually prefer punishment over crime prevention?The Politics of Crime Prevention examines American public opinion about crime prevention in the twenty-first century with a particular focus on how average citizens would choose to prioritize resources between the criminal justice system and community-based institutions. Kevin H. Wozniak analyzes differences of opinion across lines of race, social class, and political partisanship, and investigates whether people’s willingness to invest in communities depends upon the kind of communities that would receive money. This book moves beyond criminologists’ typical focus on public opinion about punishment that follows acts of crime to instead examine public attitudes toward crime prevention. In this brilliant and compelling study, Wozniak reveals that politicians profoundly underestimate the American public’s desire to prioritize community investment and that it is long past time to help communities thrive instead of turning to the criminal justice system to respond to every social problem.
The Politics of Educational Decentralisation in Indonesia: A Quest for Legitimacy
by Irsyad Zamjani“The Politics of Educational Decentralisation in Indonesia: A Quest for Legitimacy is a well written, analytically sharp, and compelling study of educational decentralisation in Indonesia. Irsyad Zamjani, provides fresh insights into this important topic. The author treats educational reform as a window into much deeper questions about power, the government’s responsibility to its citizens, and social change in Indonesia. His findings should interest academics as well as practitioners with an interest in educational reform.” —Professor Christopher Bjork, Vassar College, New York “This is a remarkable book which should appeal not only to Indonesian scholars, but also to educationists and political scientists, to name just a few. By tracing the path of decentralisation in the Indonesian educational reform in the early 2000s, Zamjani shows how the central and municipal governments struggled in different ways to retain control over education in their domains through various mechanisms largely related to claims of legitimacy. The study is grounded in new institutional theory, and the interview and case study data provide a richness and depth in showing the dynamics of reform attempts.” —Professor Lawrence J. Saha, Australian National University, Canberra This book discusses the dynamics of educational decentralisation in post-reform Indonesia. Taking sociology’s new institutionalism approach, and drawing upon data from documents and interviews with strategic informants, the book investigates how institutional legitimacy of educational decentralisation was garnered, manipulated, and then contested. Besides analysing global institutional pressures which influenced the national adoption of decentralisation reform, and the central government’s attempts to restore its legitimacy, the book also offers comparative case studies of education governance in two local districts to highlight how this reform is responded to at the local level.
The Politics of Emotional Shockwaves
by Ana Falcato Sara Graça da SilvaThis interdisciplinary volume brings together specialists from different backgrounds to deliver expert views on the relationship between morality and emotion, putting a special emphasis on issues related to emotional shocks. One of the distinctive aspects of social existence today is our subjection to traumatic events on a global scale, and our subsequent embodiment of the emotional responses these events provoke. Covering various methodological angles, the contributors ensure careful and heterogeneous reflection on this delicate topic. With eleven original essays, the collection spans a wide variety of fields from philosophy and literary theory, to the visual arts, history, and psychology. The authors cover diverse themes, including philosophical approaches to political polarization; the impact of negative emotions such as anger on inter-relational balance; humour and politics; media and the idea of progress; photography and trauma discourse; democratic morality in modern Indian society; emotional olfactory experiences; phenomenological readings of spatial disorientation, and the significance of moral shocks. This timely volume offers crucial perspectives on contemporary questions relating to ethical behaviours, and the challenges of a globalized society on the verge of political, financial and emotional collapse.
The Politics of Financial Markets and Regulation
by Sara KonoeSara Konoe looks into the politics of financial regulatory developments in the United States, Japan, and Germany. These case studies highlight systemic interaction between institutions and political contexts, and provide broader implications for global financial governance.
The Politics of Financial Risk, Audit and Regulation: A Case Study of HBOS
by Atul K. ShahThe biggest corporate failure ever in British history occurred in 2008 with very little forewarning. The management of HBOS, a major national bank with a long history of prudence prior to the merger in 2001, were allowed to act incompetently. Auditors and regulators failed to act, ignoring a key senior whistleblower, and the ‘competitive’ stock market failed to spot management failure in time. This book is the first academic study of this collapse, uncovering some surprising evidence on the power and politics of large financial institutions. It details the processes and degrees to which financial challenge and regulation are undermined by this power. The research exposes a pro-active process of regulatory risk management by these institutions; the ease with which auditors and regulators can be captured; and how politicians and investors can be all too happy to hop on the stock market and management spin ride – with other people’s money. The study questions the ideology and politics which supported and encouraged the management hubris, raising profound questions about the ‘politics’ of the academic disciplines of banking, finance and accounting today, and the theories they underpin. This account of management gone wrong is essential reading for students, researchers and professionals involved in banking, finance, credit infrastructure, economics and management studies.
The Politics of Gay Marriage in Latin America: Argentina, Chile, and Mexico
by Jordi DíezAddressing one of the defining social issues of our time, The Politics of Gay Marriage in Latin America explores how and why Latin America, a culturally Catholic and historically conservative region, has become a leader among nations of the Global South, and even the Global North, in the passage of gay marriage legislation. In the first comparative study of its kind, Jordi Díez explains cross-national variation in the enactment of gay marriage in three countries: Argentina, Chile, and Mexico. Based on extensive interviews in the three countries, Díez argues that three main key factors explain variation in policy outcomes across these cases: the strength of social movement networks forged by activists in favor of gay marriage; the access to policy making afforded by particular national political institutions; and the resonance of the frames used to demand the expansion of marriage rights to same-sex couples. Makes a significant theoretical contribution by combining two approaches in the social sciences that are engaged separately: social movements and public policy. The first book to examine cross-national variation in the expansion of gay marriage in Latin America. The only volume to provide a historical comparative and systematic account of three gay and lesbian movements in Latin America.
The Politics of Genetically Modified Organisms in the United States and Europe
by Kelly A. ClancyThis book examines the puzzle of why genetically modified organisms continue to be controversial despite scientific evidence declaring them safe for humans and the environment. What explains the sustained levels of resistance? Clancy analyzes the trans-Atlantic controversy by comparing opposition to GMOs in the United Kingdom, Germany, Poland, Spain, and the United States, examining the way in which science is politicized on both sides of the debate. Ultimately, the author argues that the lack of labeling GMO products in the United States allows opponents to create far-fetched images of GMOs that work their ways in to the minds of the public. The way forward out of this seemingly intractable debate is to allow GMOs, once tested, to enter the market without penalty—and then to label them.
The Politics of Genocide: From the Genocide Convention to the Responsibility to Protect (Genocide, Political Violence, Human Rights)
by Jeffrey S. BachmanBeginning with the negotiations that concluded with the unanimous adoption of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide on December 9, 1948, and extending to the present day, the United States, Soviet Union/Russia, China, United Kingdom, and France have put forth great effort to ensure that they will not be implicated in the crime of genocide. If this were to fail, they have also ensured that holding any of them accountable for genocide will be practically impossible. By situating genocide prevention in a system of territorial jurisdiction; by excluding protection for political groups and acts constituting cultural genocide from the Genocide Convention; by controlling when genocide is meaningfully named at the Security Council; and by pointing the responsibility to protect in directions away from any of the P-5, they have achieved what can only be described as practical impunity for genocide. The Politics of Genocide is the first book to explicitly demonstrate how the permanent member nations have exploited the Genocide Convention to isolate themselves from the reach of the law, marking them as "outlaw states."
The Politics of Global Regulation
by Ngaire Woods Walter MattliRegulation by public and private organizations can be hijacked by special interests or small groups of powerful firms, and nowhere is this easier than at the global level. In whose interest is the global economy being regulated? Under what conditions can global regulation be made to serve broader interests? This is the first book to examine systematically how and why such hijacking or "regulatory capture" happens, and how it can be averted. Walter Mattli and Ngaire Woods bring together leading experts to present an analytical framework to explain regulatory outcomes at the global level and offer a series of case studies that illustrate the challenges of a global economy in which many institutions are less transparent and are held much less accountable by the media and public officials than are domestic institutions. They explain when and how global regulation falls prey to regulatory capture, yet also shed light on the positive regulatory changes that have occurred in areas including human rights, shipping safety, and global finance. This book is a wake-up call to proponents of network governance, self-regulation, and the view that technocrats should be left to regulate with as little oversight as possible. In addition to the editors, the contributors are Kenneth W. Abbott, Samuel Barrows, Judith L. Goldstein, Eric Helleiner, Miles Kahler, David A. Lake, Kathryn Sikkink, Duncan Snidal, Richard H. Steinberg, and David Vogel.
The Politics of Hate Speech Laws
by Adriana Sinclair Alexander BrownThis book examines the complex relationship between politics and hate speech laws, domestic and international. How do political contexts shape understandings of what hate speech is and how to deal with it? Why do particular states enact hate speech laws and then apply, extend or reform them in the ways they do? What part does hate speech play in international affairs? Why do some but not all states negotiate, agree and ratify international hate speech frameworks or instruments? What are some of the best and worst political arguments for and against hate speech laws? Do political figures have special moral duties to refrain from hate speech? Should the use of hate speech by political figures be protected by parliamentary privilege? Should this sort of hyperpolitical hate speech be subject to the laws of the land, civil and criminal? Or should it instead be handled by parliamentary codes of conduct and procedures or even by political parties themselves? What should the codes of conduct look like? Brown and Sinclair answer these important and overlooked questions on the politics of hate speech laws, providing a substantial body of new evidence, insights, arguments, theories and practical recommendations. The primary focus is on the UK and the US but several other country contexts are also explored and compared in detail, including: Nigeria, Kenya, South Africa, India, China, Japan, Turkey, Germany, Hungary, and Italy. Methodologically, the two authors draw on approaches and concepts from a range of academic disciplines, including: law and legal theory, political theory, applied ethics, political science and sociology, international relations theory and international law.
The Politics of Human Life: Rethinking Subjectivity
by Piergiorgio DonatelliThis book centres on the notion of human life that lies at the foundation of contemporary thinking in the areas of ethics, law and politics. Centrally, the book addresses the deep divide, characteristic of this thinking, between: on the one hand, those who wish to do away with any anthropological understandings of the human, and appeal to mere facts delivered by science; and, on the other hand, critics who defend an anthropological understanding of human life that is tied to traditional, teleological, metaphysics. In short: knowledge of the world is given over to the sciences and moral theory is considered to operate in a distinct, and insulated, domain. But this opposition has, Piergiorgio Donatelli argues here, outlived its usefulness. Through a discussion of the intimate human spheres of reproduction, dying and sexuality, he argues that we now live in a world characterized by new ways of living: by novel rearrangements of emotions, and by the modification, and in some cases a radical rupture in, existing ideas of human life. These shifts challenge any established separation between facts and norms, between human life and its conceptualization. As such, it is argued here, they simultaneously offer the possibility of a new, socially articulated, understanding of the relationship between subjectivity and normativity. Engaging pressing contemporary themes, this book will be invaluable to scholars in the fields of ethics, law and political theory, and both analytic and continental philosophy.
The Politics of Imagination (Birkbeck Law Press)
by Chiara Bottici Benoît ChallandThe Politics of Imagination offers a multidisciplinary perspective on the contemporary relationship between politics and the imagination. What role does our capacity to form images play in politics? And can we define politics as a struggle for people’s imagination? As a result of the increasingly central place of the media in our lives, the political role of imagination has undergone a massive quantitative and a qualitative change. As such, there has been a revival of interest in the concept of imagination, as the intimate connections between our capacity to form images and politics becomes more and more evident. Bringing together scholars from different disciplines and theoretical outlooks, The Politics of Imagination examines how the power of imagination reverberates in the various ambits of social and political life: in law, history, art, gender, economy, religion and the natural sciences. And it will be of considerable interest to those with contemporary interests in philosophy, political philosophy, political science, legal theory, gender studies, sociology, nationalism, identity studies, cultural studies, and media studies.
The Politics of Immigration: Questions and Answers
by Jane Guskin David L. WilsonBacked with a wide range of cited sources, The Politics of Immigration tackles questions and concerns about immigration with compelling arguments and hard facts, laid out in straightforward language and an accessible question-and-answer format. For immigrants and supporters, the book is an effective tool to confront common myths and misinformation. For teachers, it provides a useful framework on the current debate, and ample opportunities for students to reach out and explore the intersecting issues. Those who believe immigrants steal jobs from citizens, drive down wages, strain public services, and threaten our culture will find such assumptions challenged here, while people who are undecided about immigration will find the solid data and clear reasoning they need to develop an informed opinion.
The Politics of Industrial Agriculture (Natural Resource Management Set)
by Nicholas Hildyard Tracey Clunies-RossIn the last forty years, agriculture in the industrialised countries has undergone a revolution. That has dramatically increased yields, but it has also led to extensive rural depopulation; widespread degradation of the environment; contamination of food with agrochemicals and bacteria; more routine maltreatment of farm animals; and the undermining of Third World economies and livelihoods through unfair trading systems. Confronted by mounting evidence of environmental harm and social impacts, mainstream agronomistis and policy-makers have debatedly recognized the need for change. 'Sustainable agricultutre' has become the buzz phrase. But that can mean different things to different people. We have to ask: sustainable agriculture for whom? Whose interests are benefiting? And whose are suffering? At issue is the question of power – of who controls the land and what it produces. Most of the changes currently under discussion will actually strengthen the status quo and the underlying causes of the damage. The result will be greater intensification of farming, environmental destruction and inequality. There are no simple off-the-shelf alternatives to industrial agriculture. There are, however, groups throughout the world, who have contributed to this report and who are working together on a new approach. An agriculture that, in Wendell Berry's words, 'depletes neither soil nor people'. Originally published in 1992
The Politics of Innocence: How Wrongful Convictions Shape Public Opinion
by Robert J. Norris William D. Hicks Kevin J. Mullinix2024 Outstanding Academic Title, given by Choice ReviewsThe political dynamics that shape the Innocence MovementSince 1989, more than 3000 people are known to have been exonerated after being wrongly convicted in the United States. Each one of these cases represents a gross miscarriage of justice; they are stories of lives upended by a criminal legal system gone awry. Yet, this number just scratches the surface and does not capture the full breadth of wrongful convictions, which may well number in the tens of thousands.The Politics of Innocence explores the political dynamics that have shaped the proliferation of innocence-related policies across the United States and the ways in which wrongful convictions affect public opinion about the criminal legal system. Although some have suggested that this issue transcends ideological divisions, the authors argue that public opinion and the policies that address wrongful convictions are a product of the political landscape. Using original data, the authors show how political ideology influences awareness of the issue, affects support for policy reform, and, in particular electoral contexts, influences state policy adoption. The Politics of Innocence is a moving and data-driven account of wrongful convictions.
The Politics of Intellectual Property Rights and Access to Medicines
by Valbona MuzakaThis book shows why contests over intellectual property rights and access to affordable medicines emerged in the 1990s and how they have been 'resolved' so far. It argues that the current arrangement mainly ensures wealth for some rather than health for all, and points to broader concerns related to governing intellectual property solely as capital
The Politics of International Economic Law
by Tomer Broude Marc L. Busch Amelia PorgesHow do politics and international economic law interact with each other? Financial crises and shifts in global economic patterns have refocused our attention on how the fingerprints of the 'visible hand' can be seen all over the institutions that underpin the rules of globalization. From trade and investment to finance, governments are under pressure to enforce, resist and rewrite international economic law. Lawyers have seldom given enough attention to the influence of politics on law, whereas political scientists have had an on-again, off-again fascination with how the law influences relations among states. This book leads the way toward filling this interdisciplinary gap, through a series of important studies written by leaders in the field on specific problems in international economic relations. The book demonstrates a variety of ways in which the international political-economic nexus may be researched and understood.
The Politics of International Political Theory: Reflections On The Works Of Chris Brown
by Mathias Albert Anthony F. Lang Jr.This book assesses the impact of the work of Chris Brown in the field of International Political Theory. The volume engages with general issues of IPT as well as basic issues such as the use and role of practical reasoning and presents a nuanced understanding about issues regarding the legitimacy of war and violence. It explores questions that pertain to human rights, morality, and ethics, and generally an outlook for devising a ‘better’ world. The project is ideal for audiences with interest in International Relations, Ethics and Morality Studies and International Political Theory.
The Politics of Intimacy: Rethinking the End-of-Life Controversy (Configurations: Critical Studies Of World Politics)
by Anna DurnováDebates on the end-of-life controversy are complex because they seem to highjack national and cultural traditions. Where previous books have focused on ideological grounds, The Politics of Intimacy explores dying as the site where policies are negotiated and implemented. Intimacy comprises the emotional experience of the end of life and how we acknowledge it—or not—through institutions. This process shows that end-of-life controversy relies on the conflict between the individual and these institutions, a relationship that is the cornerstone of Western liberal democracies. <P><P> Through interviews with mourners, stakeholders, and medical professionals, examination of media debates in France and the Czech Republic, Durnová shows that liberal institutions, in their attempts to accommodate the emotional experience at the end of life, ultimately fail. She describes this deadlock as the “politics of intimacy,” revealing that political institutions deploy power through collective acknowledgment of individual emotions but fail to maintain this recognition because of this same experience.
The Politics of Islamic Law: Local Elites, Colonial Authority, and the Making of the Muslim State
by Iza R. HussinIn The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.
The Politics of Juridification: The Actor's Revenge (Law and Politics)
by Mariano CroceThe Politics of Juridification offers a timely contribution to debates about how politics is being affected by the increasing relevance of judicial bodies to the daily administration of Western political communities. While most critical analyses portray juridification as a depoliticizing, de-democratizing transferral of political authority to the courts (whether national or international), this book centres on the workable ambivalence of such a far-reaching phenomenon. While juridification certainly intensifies the power and competences of judicial bodies to the disadvantage of representative political institutions, it cannot be easily reduced to the demise of democratic politics. By focusing on the multiple ways in which social agents make use of the law, The Politics of Juridification teases out the agential and transformative aspects of the various negotiations social agents engage with legal institutions with a view to obtaining political visibility. In particular, the book homes in on two seemingly distinct phenomena: on one hand, the regulation of sexuality and emerging kinship formations; on the other, the fragmentation of legal settings due to the claims to legal autonomy advanced by sub-state cultural and religious groups. By doing so, the book makes the case for an unexpected convergence between the struggles for legal recognition of sexual minorities and religious and cultural minorities. The conclusion is that juridification does entail normalization and favour the infiltration of law into the social realm. But because of its ambivalent nature, it can and does serve as an alternative vehicle for social change – one that attaches more importance to how social agents produce law on a daily basis and how this law permeates official legal orders.
The Politics of Justice in European Private Law: Social Justice, Access Justice, Societal Justice (Cambridge Studies in European Law and Policy)
by Hans-W MicklitzThe Politics of Justice in European Private Law intends to highlight the differences between the Member States' concepts of social justice, which have developed historically, and the distinct European concept of access justice. Contrary to the emerging critique of Europe's justice deficit in the aftermath of the Euro crisis, this book argues that beneath the larger picture of the Monetary Union, a more positive and more promising European concept of justice is developing. European access justice is thinner than national social justice, but access justice represents a distinct conception of justice nevertheless. Member States or nation states remain free to complement European access justice and bring to bear their own pattern of social justice.
The Politics of Law in Late Medieval and Renaissance Italy
by Julius Kirshner Lauro Martines Lawrin ArmstrongThe Politics of Law in Late Medieval and Renaissance Italy features original contributions by international scholars on the fortieth anniversary of the publication of Lauro Martines' Lawyers and Statecraft in Renaissance Florence, which is recognized as a groundbreaking study challenging traditional approaches to both Florentine and legal history.Essays by leading historians examine the professional, social, and political functions of Italian jurists from the thirteenth to the late fifteenth centuries. The volume also examines the use of emergency powers, the critical role played by jurists in mediating the rule of law, and the adjudication of political crimes. The Politics of Law in Late Medieval and Renaissance Italy provides both an assessment of Martines' pioneering archival scholarship as well as fresh insights into the interplay of law and politics in late medieval and Renaissance Italy.