Bücher der Reihe Cambridge Studies in Law and Society

This book is valuable for law, sociology, and transitional justice researchers and postgraduate students interested in themes including cause lawyering, the sociology of the professions, the legal profession, gender and the law, the role of law in transition, peace negotiations, truth recovery, amnesties, strategic litigation, and legal ethics.

Like many countries around the world, Chile is undergoing a political moment when the nature of democracy and its political and legal institutions are being challenged. Senior Chilean legal scholar and constitutional historian Pablo Ruiz-Tagle provides an historical analysis of constitutional change and democratic crisis in the present context focused on Chilean constitutionalism. He offers a comparative analysis of the organization and function of government, the structure of rights and the main political agents that participated in each stage of Chilean constitutional history. Chile is a powerful case study of a Latin American country that has gone through several threats to its democracy, but that has once again followed a moderate path to rebuild its constitutional republican tradition. Not only the first comprehensive study of Chilean constitutional history in the English language from the nineteenth-century to the present day, this book is also a powerful defence of democratic values.

Malcolm Feeley is one of the founding giants of the law and society field, whose vast scholarship examines legal process from the inner workings of criminal courts to the possibility of prison reform. This volume offers essays by leading law and society scholars who reflect on, analyze, and expand Feeley's scholarship.

What is the role of affect in international criminal law and transitional justice in (post-)colonial Africa and beyond? Instead of accepting at face value the commonly held assumption that the law systematically neutralizes emotions, Jonas Bens argues that the law purposefully creates, mobilizes, shapes, and transforms atmospheres and sentiments.

"In recent years political movements of a decidedly 'anti-establishment' character have taken many countries by storm, and many observers by surprise. Among the characteristics these movements share is that they, and more particularly their leaders, claim uniquely to represent the true, real people of the country, a claim that does not depend upon, but frequently can boast confirmation in electoral victory. For unlike standard-issue coup-ists and putsch-ists, communists and fascists (also anti-establishmentarian until they become established), these movements are not shy of elections. They feed off them"--

"In recent years political movements of a decidedly 'anti-establishment' character have taken many countries by storm, and many observers by surprise. Among the characteristics these movements share is that they, and more particularly their leaders, claim uniquely to represent the true, real people of the country, a claim that does not depend upon, but frequently can boast confirmation in electoral victory. For unlike standard-issue coup-ists and putsch-ists, communists and fascists (also anti-establishmentarian until they become established), these movements are not shy of elections. They feed off them"--

In spite of its significant effects on everyday life, the effects of transnational counter-terrorism are not well understood. Drawing on insights from law, international relations, political science and security studies, this study shows the impacts and argues that counter-terrorism is expansionary, rights-limiting and unaccountable.

As the first analysis of the archives of international courts, examining how these archives produce particular understandings of what the 'international community' is, the book is essential reading for IR and ILAW scholars and archival scientists, as well as historians interested in the relationship between history, memory and law.

Genocide Never Sleeps provides an ethnographic account of the messy, human process of international criminal justice at the International Criminal Tribunal for Rwanda. It is for readers interested in international criminal justice, human rights, the anthropology of law and contemporary African politics.

The book is for anyone interested in rights to and the regulation of natural resources across a range of disciplines. It will be of particular interest to researchers and practitioners concerned with the rights of indigenous peoples and their engagement with the regulation of water.

During Myanmar's political opening, intermediaries played a key role in the field of rule of law development.This book brings to light these neglected players, focusing on who they are, the influence they have, their double agency, their challenges and their crucial importance for rule of law progress.

Measuring Justice explores the ways in which South African court and managerial prosecutors deal with the quantification of social phenomena - such as justice, professional work or accountability - and address the radical simplifications of their inherent complexities, misrepresentations and editing as a consequence. While various studies show the concern of professionals about the damaging effects these quantitative forms of accountability have on the creativity, freedom and collaborative nature of expert systems, Mugler shows that the reactions and attitudes of these legal professionals differ substantially. Through careful scrutiny of the everyday work of prosecutors and how they reflect on the relationship between accountability, quantification and law, this book argues that actors who work daily with quantitative accountability measures develop a numerical reflexivity about the process.

This book examines gift exchanges as a foundational notion both in anthropology and in debates about international economic governance. This title is also available as Open Access on Cambridge Core.

This book presents the definitive history of the passport and why it became so important for controlling movement in the modern world. It explores the history of passport laws, the parliamentary debates about those laws, and the social responses to their implementation.

Constituting Religion examines how activists work to expand or challenge the reach of the shariah court system, and how these legal struggles shape popular understandings of Islam, liberal rights. This title is also available as Open Access.

This is the first comparative analysis of law and politics in China and Indonesia, for scholars of politics, law, sociology, and history. Based on extensive archival, interview, and observational research across multiple localities in both countries, it is the most comprehensive work in decades on either country's legal system.

In each country or culture a certain type of interaction between law, power, and society contributes to the formation of a national legal doctrine, legal practice, and legal scholarship. This is a detailed comparative study of the sociology of law in France and the United States.

This book offers the first extensive empirical study of global lawmaking for commerce and trade within the United Nations. It shows who makes law for the world, how they make it, and who comes out ahead.

This original ethnographic study investigates petty corruption in Ukrainian and Belarusian bureaucracies and challenges the dominant belief that political transition causes ubiquitous corruption. It will appeal to scholars across social sciences, policymakers and a variety of anti-corruption and social justice activists.

Examining how demographic changes, including low birth rates, increasing ethnic diversity, continuing immigration and population ageing are transforming ideas about citizenship and belonging, The Demographic Transformations of Citizenship provides insights into a number of interrelated and topical subjects and will appeal to readers from a variety of backgrounds.

This book examines the social processes that lead to the evolution of legal norms with global constitutional standing in contemporary society. It makes an important contribution to the sociology of constitutional law, post-legal national legal processes and human rights law. This title is also available as Open Access.

As the first ethnographic study of the practice of Islamic law by Chinese Muslims (Hui), this book will appeal to students and specialists who study the state and religion, legal pluralism, and conflicts of law from the perspectives of anthropology, law and society, Asian studies, and Islamic studies.

Through a meticulous detailing of the everyday life of development bureaucracy on the Himalayan borderland, Paper Tiger shifts the frames of the debate on state failure and opens up a refreshingly new understanding of the workings of the contemporary Indian state.

This interdisciplinary study juxtaposes the popular, legal, and indigenous accounts of a dispute over a Coca-Cola facility in Kerala, India. It includes interviews with members of indigenous communities, activists, politicians, lawyers, and judges, as well as an analysis of litigation currently pending before the Supreme Court of India.

Based on in-depth fieldwork, this book explores the historical development of immigrant rights litigation in both the United States and France over the past four decades. It illustrates that, contrary to conventional wisdom, activity in court can have important effects on immigration policymaking.

This is a book about the improbable: seeking legal relief for environmental pollution in contemporary China. The book offers a close-to-the-ground account of everyday justice and the factors that shape it. In a country known for tight political control and ineffectual courts, Environmental Litigation in China unravels how litigation works.