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Examines rights from an inter-disciplinary law and society perspective, beginning with the premise that the basic functions of rights requires the study of rights consciousness and claiming behavior. This book is organized around the social movements and political processes which give rise to rights, by which people understand they enjoy a right.
Drawing together some of the writing on race and racism from the law and society tradition, this anthology is designed as a 'how-to manual', a guide for scholars and students seeking templates for their own work in this important area.
Whilst immigration policy is a controversial topic in the West, states continue to receive people who settle, whether as asylum-seekers or refugees, or as family members of existing migrants. This volume brings together articles which shape the thinking in this area, covering topics ranging from illegality to refugees and asylum-seekers.
Focuses on relationship between law and communities. This volume examines the ways that the incarceration explosion, the disproportionate number of African-Americans in prisons and racial profiling concentrate disadvantage and make salient political challenges to prevailing understandings of relationship between crime, punishment, and governance.
Through studies of the work of Weber, Durkheim, Gurvitch, Habermas, Luhmann, Derrida, Bourdieu, Foucault, Schmitt, Neumann and others, this book addresses such topics as the changing forms of regulation, law's relations with morals and beliefs, law and democracy and prospects for the rule of law in the context of globalisation.
Covers four substantive concerns - judicial selection and retention, judicial decision making, constraints on judicial power and the role of courts in democracies - but all have played crucial roles in shaping or changing the way we think about courts and judges.
Presents a study of intellectual property law and policy viewed through the lenses of traditional doctrinal analysis, historical perspectives, critical cultural study, and empirical examinations of intellectual property in action. This book also looks at the significance of intellectual property in processes of globalization and political economy.
Includes various approaches to group 'legal mobilization' politics; analysis of the judicial impact on social reform struggles; studies of individual legal mobilization in civil disputing and research in 'cause lawyering'.
This volume collects new, high-quality scholarship on the perennially controversial institution of trial by jury. The book provides accounts of the jury's historical development and contemporary use, as well as empirical work on jury selection, jury decision making and jury reform.
Contemporary law and government are increasingly focusing on risk. Enterprise, innovation and risk-taking have become qualities valued, or even required, of current governance. In this volume, examinations and interpretations of this trend have been brought together, to make clear the range and diversity, of risk in contemporary societies.
Assembles articles on one of the most important emerging ideas in the social psychology of conflict management - procedural justice. This book suggests that people's reactions to conflict resolution decisions in social settings are strongly influenced by their evaluations of the fairness of the procedures used to create rules and make decisions.
Prosecutors are powerful actors in the legal system. This volume examines how prosecutorial power is constituted through their decision-making processes, the relationships between legal changes and court actors, and the consequences of this for society. It offers insights into law in action, and how social change shapes the legal system.
Democracy and the rule of law are commonly represented as complementary and indispensable components of the modern democratic state. This book looks at the competing claims of electoral and legal accountability. It brings together some of the landmarks of the relevant theory, including the work of such scholars as HLA Hart, Lon Fuller and others.
Intellectual property has become a dominant feature of our knowledge based economy in recent years, but how has property rights in intangible items developed? This book brings together scholarship with diverse approaches to the history of United States intellectual property protection, including trade secrets, trademark, copyright, and patent law.
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