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For decades, the field of scholarship that studies the law and practice of international organisations -also known as 'international institutional law'- has been marked by an intellectual quietism. Most of the scholarship tends to focus narrowly on providing 'legal' answers to 'legal' questions. For that reason, perspectives rarely engage with the insights of critical traditions of legal thought (for instance, feminist, postcolonial, or political economy-oriented perspectives) or with interdisciplinary contributions produced outside the field. Ways of Seeing International Organisations challenges the narrow gaze of the field by bringing together authors across multiple disciplines to reflect on the need for 'new' perspectives in international institutional law. Highlighting the limits of mainstream approaches, the authors instead interrogate international organisations as pivots in processes of world-making. To achieve this, the volume is organised around four fundamental themes: expertise; structure; performance; and capital. This title is also available as Open Access on Cambridge Core.
Land rights for Indigenous Peoples are a global phenomenon and have become an important part of the liberal democratic state. But despite the promise of restoring land rights to Indigenous Peoples, most land justice frameworks have preserved the status quo in what is a slow and arduous process. In this work, William Nikolakis draws from the diverse experiences of Indigenous and non-Indigenous scholars and legal practitioners across the world to document both persistent barriers to 'Land Back' as well as opportunities to move forward for land justice. By bringing these voices together, Nikolakis seeks to share lessons from the land justice movement with the goal of advancing land rights for Indigenous Peoples across the world. This title is also available as open access on Cambridge Core.
Abductive reasoning is a form of inference that infers some hypothesis because of what that hypothesis explains. Unlike deductive reasoning, it yields a plausible conclusion but does not definitively verify it. The theory of compositional abduction developed in this book provides a novel theory of confirmation. Aizawa uses case studies to analyse how scientists interpret the results of experiments to support compositional hypotheses (hypotheses about what things are composed of) and suggests that they use a kind of abduction. His theory is offered as an alternative account of scientific reasoning that the logical empiricists would have interpreted as hypothetico-deductive confirmation. It is also an alternative to the Peircean interpretation of the role of abduction in science. It will be valuable to philosophers of science, those working on hypothetico-deductive confirmation, Peirce's view of abduction, inference to the best explanation, and the New Mechanism. This title is also available as Open Access on Cambridge Core.
This book examines the intersection of professional tennis and legal regulation, unveiling a fascinating world where tennis meets domestic, international and transnational law, and showing the many ways these legal frameworks impact tennis. Filled with firsthand accounts of the legal landscape and its implication on tennis, the work provides an accessible, engaging portrait of the tennis ecosystem that is equally suited for academics, athletes, sports lawyers and journalists. It is an essential read for those working within sports law generally, and the tennis industry specifically. This title is also available as Open Access on Cambridge Core.
South America contains some of the oldest democracies in the world, yet we still know relatively little about how and why democracy arose in the region. Raúl L. Madrid argues that three main developments – the professionalization of the military, the growth of parties, and splits within the ruling party – led to democratization in the early twentieth century. Military professionalization increased the incentives for the opposition to abandon the armed struggle and focus on the electoral path to power. The growth of parties boosted the capacity of the opposition to enact and enforce democratic reforms that would level the electoral playing field. And ruling party splits created the opportunity for the opposition and ruling party dissidents to ally and push through reforms. This persuasive and original book offers important implications for the study of democracy. This title is also available as Open Access on Cambridge Core.
To make sense of data and use it effectively, it is essential to know where it comes from and how it has been processed and used. This is the domain of paradata, an emerging interdisciplinary field with wide applications. As digital data rapidly accumulates in repositories worldwide, this comprehensive introductory book, the first of its kind, shows how to make that data accessible and reusable. In addition to covering basic concepts of paradata, the book supports practice with coverage of methods for generating, documenting, identifying and managing paradata, including formal metadata, narrative descriptions and qualitative and quantitative backtracking. The book also develops a unifying reference model to help readers contextualise the role of paradata within a wider system of knowledge, practices and processes, and provides a vision for the future of the field. This guide to general principles and practice is ideal for researchers, students and data managers.
With over 2,500 climate-related cases filed worldwide, climate litigation is rapidly evolving but lacks a comprehensive resource for guiding judicial approaches. The Cambridge Handbook on Climate Litigation fills this void, offering an authoritative guide to climate litigation's complex landscape. Judges, lawyers and scholars will find insights into how courts globally have addressed recurring issues, from causation to human rights impacts. Building on the rich transnational judicial dialogue already occurring within climate litigation, the Handbook distills emerging best practices with an eye towards the progressive development of the field. Its unique focus on replicable strategies in case law makes it a strategic resource for shaping the future of climate litigation. This title is also available as open access on Cambridge Core.
For decades, American lawyers have enjoyed a monopoly over legal services, built upon strict unauthorized practice of law rules and prohibitions on nonlawyer ownership of law firms. Now, though, this monopoly is under threat-challenged by the one-two punch of new AI-driven technologies and a staggering access-to-justice crisis, which sees most Americans priced out of the market for legal services. At this pivotal moment, this volume brings together leading legal scholars and practitioners to propose new conceptual frameworks for reform, drawing lessons from other professions, industries, and places, both within the United States and across the world. With critical insights and thoughtful assessments, Rethinking the Lawyers' Monopoly seeks to help shape and steer the coming revolution in the legal services marketplace. This title is also available as open access on Cambridge Core.
Climate-related loss and damage has been dominating international climate change negotiations in recent years. Until now we have had little understanding of how individual states are grappling with climate change destruction. Governing Climate Change Loss and Damage offers among the first book-length explorations of how loss and damage policy works at a national level. It focuses specifically on countries in the Global South on the frontline of climate change to identify new mechanisms through which key factors – climate risks and impacts, international developments, national institutions and the ideational landscape – shape policy engagement, development and adoption. Guided by an original theoretical framework and seven original empirical case studies, this book shows the way to more effective governance of loss and damage now and in the future. This title is also available as Open Access on Cambridge Core.
This groundbreaking volume assembles an unparalleled roster of media experts and First Amendment luminaries to chart the future of press freedom in America's changing media landscape. Current and former deans of top US law schools, a Pulitzer Prize-winning journalist, former Supreme Court clerks, and renowned scholars of law and communications offer their collective wisdom on safeguarding journalism amidst unprecedented challenges. Their contributions provide an incisive analysis of emerging threats to press freedom, from technological and economic disruptions to eroding public trust, while proposing innovative legal and policy solutions. The volume tackles cutting-edge issues like artificial intelligence in news production and the evolving definition of 'the press' in the digital age. Blending rigorous scholarship with practical insights, this essential resource equips journalists, press advocates, policymakers, and engaged citizens with expert knowledge to defend press freedom. This title is also available as Open Access on Cambridge Core.
Rhetorical Traditions and Contemporary Law is a collection of twelve case studies that explore the often-overlooked intersections of law and rhetoric. Drawing from rhetorical traditions of the past and present, the multidisciplinary roster of contributors analyzes contemporary legal theory and practice, from judicial opinions to legal scholarship, using significant texts or concepts in a rhetorical tradition. Their essays demonstrate how legal texts function and to what end, while also considering how they might have worked differently. The volume sheds light on the usefulness of rhetoric in addressing some of today's most pressing legal and social challenges. This title is also available as Open Access on Cambridge Core.
In this book, Sophie van den Elzen shows how advocates for women's rights, in the absence of their 'own' history, used the antislavery movement as a historical reference point and model. Through a detailed analysis of a wide range of sources produced over the span of almost a century, including novels, journals, speeches, pamphlets, and posters, van den Elzen reveals how the women's movement gradually diverged from a position of solidarity with the enslaved into one of opposition, based on hierarchical assumptions about class and race. This inclusive cultural survey provides a new understanding of the ways in which the cultural memory of Anglo-American antislavery was imported and adapted across Europe and the Atlantic world, and it breaks new ground in studying the “woman-slave analogy” from a longitudinal and transnational comparative perspective. This title is also available as open access on Cambridge Core.
In a world of growing health inequity and ecological injustice, how do we revitalize medicine and public health to tackle new problems? This ground-breaking collection draws together case studies of social medicine in the Global South, radically shifting our understanding social science in healthcare. Looking beyond a narrative originating in nineteenth-century Europe, a team of expert contributors explores a far broader set of roots and branches, with nodes in Sub-Saharan Africa, South America, Oceania, the Middle East and Asia. This plural approach reframes and decolonizes the study of social medicine, highlighting connections to social justice and health equity, social science and state formation, bottom-up community initiatives, grassroots movements and an array of revolutionary sensibilities. This truly global history offers a more usable past to imagine a new politics of social medicine for medical professionals and healthcare workers worldwide. This title is also available as open access on Cambridge Core.