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11907 results in Socio-Legal Studies

Page 1 of 596

Capital Drug Laws in Asia
  • Edited by Wing-Cheong Chan, Mai Sato, Michael Hor
  • Coming soon
  • Expected online publication date:
    May 2025
    Print publication:
    31 May 2025
  • The book documents, analyses and makes accessible the law and policy related to illicit drugs in various Asian jurisdictions. The focus is specifically on the measures undertaken in Asia to combat drug offences and, in particular, the use of the death penalty for such offences. It will enhance the ability of public policy and law makers, non-governmental organisations and the general population to engage in the debate on the appropriate approach towards illicit drugs. A wide range of Asian jurisdictions, particularly in Southeast Asia, have been intentionally selected to show a diversity of approaches in the 'war on drugs' debate. The areas examined include developments in the law and policy relating to illicit drugs; use of criminal law measures to combat drug-related offences; motivations of drug offenders; public support for punitive punishments; structure of the laws; procedural rights of accused persons; mandatory/discretionary sentencing and use of the death penalty.

The Rural Lawyer
  • How To Incentivize Rural Law Practice and Help Small Communities Thrive
  • Hannah Haksgaard
  • Coming soon
  • Expected online publication date:
    May 2025
    Print publication:
    31 May 2025
  • The Rural Lawyer takes a close look at the challenges facing small-town America, where populations are dwindling and aging lawyers are not being replaced by new graduates. With interviews and personal accounts, the book shows how incentive programs can address this access-to-justice crisis. It specifically examines the South Dakota Rural Attorney Recruitment Program, which is the first program of its kind in the US and has seen great success in helping to attract new lawyers to small towns. Chapters also explore the larger context of rural economic development and its relationship to the law. With insightful analysis and real-life examples, The Rural Lawyer provides readers with a deep understanding of the challenges facing rural communities and the role that lawyers can play in helping these areas thrive.

Regulatory Violence
  • The Global Dynamics of Regulatory Experimentation in Biomedicine and Health
  • Margaret Sleeboom-Faulkner
  • Coming soon
  • Expected online publication date:
    April 2025
    Print publication:
    30 April 2025
  • International case-studies on regulation and science collaboration show how competition and economic pressures on the national regulators of biomedicine condition the development of jurisdictive regulations. But regulation that fails to guarantee a jurisdiction's optimal protection of patients and scientific research in favour of other interests commits foreseeable and avoidable “regulatory violence”. Even when well-intended, regulation gets caught up in the intense international competition to support public health and generate national wealth, with real-world implications. Evidence from Asia, Europe and the USA challenges the belief that regulation improves ethical practices in regenerative medicine, connects practitioners with good science, and protects patient safety. This book explains why this is so, and points to ways in which science could help us address healthcare issues in greater solidarity. This title is also available as Open Access on Cambridge Core.

A Casebook on Chinese Outbound Investment
  • Law, Policy, and Business
  • Edited by Matthew S. Erie
  • Coming soon
  • Expected online publication date:
    March 2025
    Print publication:
    31 March 2025

Courts and the Body Politic
  • Kate O'Regan
  • Coming soon
  • Expected online publication date:
    February 2025
    Print publication:
    28 February 2025
  • Over the last half century, courts have come to play increasingly important roles in democracies. That role is studied by historians, political scientists, constitutional lawyers and political theorists, but it is also important to all who are concerned about the practice and future of democracy. This book explores why it is that courts are playing this expanded role, as well as exploring two of the most distinctive features of the role of courts: their relationship with the executive arm of government and the role of courts in protecting fundamental rights. The book argues that the role played by courts in modern democracies varies across time and place and depends on a range of factors including constitutional text, constitutional history, and legal and political culture. This book draws on Justice O'Regan's experience as one of the first judges on South Africa's Constitutional Court, which was established shortly after the transition to democracy in 1994.

In the Shadow of Minority Rights
  • Decolonising the Gendered Politics of Muslim Citizenship in India
  • Sagnik Dutta
  • Coming soon
  • Expected online publication date:
    February 2025
    Print publication:
    01 May 2026

Critical Perspectives on Data Access for Research

Vanishing Legal Justice
  • The Changing Role of Judges in an Era of Settlements and Plea Bargains
  • Michal Alberstein, Nofit Amir
  • Coming soon
  • Expected online publication date:
    January 2025
    Print publication:
    31 January 2025
  • A full trial has become an uncommon phenomenon in many legal systems, replaced largely by promotion of settlement and plea-bargaining. This book uncovers today's judicial role in this radically changed legal setting using multiple methods. Over five years, researchers analyzed court dockets, studied judges in action, and conducted interviews with judges and lawyers. This book, which spans several legal cultures, follows in the footsteps of the 'vanishing trial phenomenon', probing its existence beyond common law systems. In doing so, it provides insights into the changing judicial role and the metamorphosis of legal systems. Offering a new perspective on possible futures of legal systems, including the use of artificial intelligence, the authors provide a rich context for legal scholars and policymakers to redesign the architecture of conflicts. Moreover, they introduce new jurisprudential perspectives on the relationship between law and conflict resolution, with an emphasis on the judicial role.

Immoral Traffic
  • An Ethnography of Law, NGOs, and the Governance of Prostitution in India
  • Vibhuti Ramachandran
  • Coming soon
  • Expected online publication date:
    January 2025
    Print publication:
    31 January 2025
  • This insightful ethnography delves into the complex intersection of India's anti-prostitution law and global anti-trafficking campaigns, and how they impact sex workers in both voluntary and involuntary situations. Immoral Traffic examines the role of legal actors and NGOs in implementing these interventions, revealing the mix of paternalism, humanitarianism, punitive care, bureaucracy, and morality in their efforts. Through a sequence of interventions prescribed by India's anti-prostitution law, the book follows the experiences of sex workers, from rescues to courts to carceral shelters. It sheds light on the ways in which donor-driven NGOs draw upon this law to implement anti-trafficking agendas, and how these interventions are navigated by women removed from the sex trade. Detailed and eye-opening, this book is a valuable resource for scholars and students of anthropology, law and society, gender and sexuality studies, South Asian studies, global studies, and critical studies of NGOs and humanitarianism.

Trucanini's Stare
  • Reconsidering Dignity in Theory and Practice
  • Susan Marks
  • Coming soon
  • Expected online publication date:
    January 2025
    Print publication:
    31 January 2025
  • A central concept in international human rights law and many national constitutions is human dignity. Departing from established approaches to dignity in philosophy and legal theory, Susan Marks takes dignity in everyday life ('dignified care', 'dignity in the workplace', etc.) as a starting point for reconsidering the concept's history and significance. The result is a highly original work which gives particular attention to colonial and post-colonial engagements with dignity, and emphasises the character of human dignity as not just an idea or abstract value, but also a lived experience that cannot be understood without reference to social structures and the inequalities and hierarchies they reproduce. If dignity is an attribute which all human beings possess purely by virtue of being human, Marks shows that it is also an element within the systemic operations of privilege and power.

Constructing Modern Slavery
  • Law, Capitalism, and Unfree Labour
  • Judy Fudge
  • Coming soon
  • Expected online publication date:
    January 2025
    Print publication:
    31 January 2025
  • Modern slavery laws are a response to global capitalism, which undermines the distinction between free and unfree labour and poses intense challenges to state sovereignty. Instead of being a solution, Constructing Modern Slavery argues that modern slavery laws divert attention from the underlying structures and processes that generate exploitation. Focusing on unfree labour associated with international immigration and global supply chains, it provides a novel socio-legal genealogy of the concept 'modern slavery' through a series of linked case studies of influential actors associated with key legal instruments: the United Nations, the United States, the International Labour Organization, the European Union, the United Kingdom, and Walk Free Foundation. Constructing Modern Slavery demonstrates that despite the best efforts of academics, advocates, and policymakers to develop a truly multifaceted approach to modern slavery, it is difficult to uncouple antislavery initiatives from the conservative moral and economic agendas with which they are aligned. This title is also available as Open Access on Cambridge Core.

The Authoritarian Commons
  • Neighborhood Democratization in Urban China
  • Shitong Qiao
  • Coming soon
  • Expected online publication date:
    January 2025
    Print publication:
    31 January 2025
  • Based on six-year fieldwork across China including over 200 in-depth interviews, this book provides an ethnographic account of how hundreds of millions of Chinese homeowners practice democracy in and beyond their condominium complexes. Using interviews, survey data, and a comprehensive examination of laws, policies and judicial decisions, this book also examines how the party-state in China responds to the risks and benefits brought by neighborhood democratization. Moreover, this book provides a framework to analyze different approaches to the authoritarian dilemma facing neighborhood democratization which may increase the regime's legitimacy and expose it to the challenge of independent organizations at the same time. Lastly, this book identifies conditions under which neighborhood democratization can succeed.

The Rule of Law Under Threat

A Sociology of Post-Imperial Constitutions
  • Suppressed Civil War and Colonized Citizens
  • Chris Thornhill
  • Coming soon
  • Expected online publication date:
    December 2024
    Print publication:
    12 December 2024
  • Covering the period from the eighteenth century to the present, A Sociology of Post-Imperial Constitutions combines global history and historical legal sociology to explain how democratic constitutions were created by imperialism and military policies related to imperialism. It challenges common views about the relation between democracy and peace, examining how, in different locations and different periods, the constitutional ordering of citizenship both reflected and perpetuated warfare. It also isolates the features of constitutional systems that have been successful in obviating military violence, separating democracy from its military origins. It discusses how the emergence of democratic government after 1945 depended on a dialectical transformation of the war/law nexus in constitutional rule. It then assesses ways in which, and the reasons why, many contemporary constitutions have begun to remilitarize their societies and to rearticulate military constructs of legitimacy.

The Regulation of Prostitution in China
  • Law in the Everyday Lives of Sex Workers, Police Officers, and Public Health Officials
  • Margaret L. Boittin
  • Coming soon
  • Expected online publication date:
    December 2024
    Print publication:
    12 December 2024
  • In this compelling book, Margaret L. Boittin delves into the complex world of prostitution in China and how it shapes the lives of those involved in it. Through in-depth fieldwork, Boittin provides a fascinating case study of the role of law in everyday life and its impact on female sex workers, street-level police officers, and frontline public health officials. The book offers a unique perspective on the dynamics between society and the state, revealing how the laws that govern sex work affect those on the frontlines. With clear and accessible prose, this book is a must-read for anyone interested in law, state-society relations, China, and sex work.

  • Chapter One - Introduction

  • Mareike Riedel, Macquarie University, Sydney
  • Book:
    Law and Jewish Difference
    Published online:
    14 November 2024
    Print publication:
    21 November 2024, pp 1-42

  • Summary

    Once Christian Europe’s most paradigmatic internal Other, Jews are now mostly seen as a well-integrated and successful religious minority group. For centuries, Jews faced political, social, and legal exclusion. Now, politicians proudly invoke the West’s shared ‘Judeo-Christian’ heritage. Compared to the past, public expressions of antisemitism have become increasingly taboo. Jews have seemingly moved from being paradigmatic outsiders to accepted insiders. Despite this undoubted success, there are still moments when this position can become suddenly unsettled. There are not only the terrible attacks on Jewish life, such as the synagogue shootings in Halle in 2019 and a year earlier in Pittsburgh, the still alarming rates of antisemitic violence, the groups of white supremacists chanting in the streets that Jews will not replace them, or the flourishing antisemitic conspiracy theories in the online and offline worlds. Uneasiness with Jews and Judaism also still manifests in less extreme and less overtly hostile ways in the midst of society on the terrain of liberal law.

  • Chapter Five - Dividing Lines

  • Mareike Riedel, Macquarie University, Sydney
  • Book:
    Law and Jewish Difference
    Published online:
    14 November 2024
    Print publication:
    21 November 2024, pp 150-182

  • Summary

    This chapter is the first of two that examine the legal encounter with Jewishness in public space by focussing on the Orthodox practice of the eruv. The eruv is a distinctly Orthodox practice and fault lines here do not run simply between Jews and non-Jews but also between different Jews. In the modern secular legal arena, questions of non-establishment and the boundaries of religious freedom serve as the dominant legal frames, turning the eruv into a matter of excessive religiosity to be contained by law. Yet underneath the lofty language of constitutional separation often lurk concerns about national and local identity as well as sovereignty and ownership. Moreover, while circumcision has often galvanised Jews of different denominations, the eruv exposes internal Jewish rifts about Jewish identity and difference in contemporary societies. Indeed, some Jews themselves have not shied away from mobilising the authority of secular law to enforce their vision of what they consider the acceptable boundaries of Jewishness today.

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