transcending the boundaries of law

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Transcending The Boundaries Of Law

Author : Martha Albertson Fineman
ISBN : 9781136949029
Genre : Law
File Size : 64. 43 MB
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Transcending the Boundaries of Law is a ground-breaking collection that will be central to future developments in feminist and related critical theories about law. In its pages three generations of feminist legal theorists engage with what have become key feminist themes, including equality, embodiment, identity, intimacy, and law and politics. Almost two decades ago Routledge published the very first anthology in feminist legal theory, At the Boundaries of Law (M.A. Fineman and N. Thomadsen, eds. 1991), which marked an important conceptual move away from the study of "women in law" prevalent in the 1970s and 1980s. The scholars in At the Boundaries applied feminist methods and theories in examining law and legal institutions, thus expanding upon work in the Law and Society tradition. This new anthology brings together some of the original contributors to that volume with scholars from subsequent generations of critical gender theorists. It provides a "retrospective" on the past twenty-five years of scholarly engagement with issues relating to gender and law, as well as suggesting directions for future inquiry, including the tantalizing suggestion that feminist legal theory should move beyond gender as its primary focus to consider the theoretical, political, and social implications of the universally shared and constant vulnerability inherent in the human condition.

Muslim Women And Shari Ah Councils

Author : Samia Bano
ISBN : 9780230221482
Genre : Law
File Size : 66. 11 MB
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Summary: Drawing upon original empirical data and critiquing existing research material this book challenges the language of community rights and claims for legal autonomy in matters of family law. It draws upon critiques of power, dialogue and positionality to explore how multiples spaces in law and community both empower and restrict women at different times and in different contexts. It also opens up the conceptual space in which we can see in evidence the multiple legal and social realities in operation, within the larger context of state law, liberal multiculturalism and the human rights discourse. In this way the book provides an important contribution to current debate on the use of privatized and ADR mechanisms in family law matters while analyzing the dynamics of relationality and cultural diversity in new forms of mediation practices. In a wider context it explores the conceptual challenges that the rise of a faith-based dispute resolution process poses to secular/liberal notions of law, human rights and gender equality.

Sexploitation

Author : Michèle Alexandre
ISBN : 9781134068678
Genre : Political Science
File Size : 39. 31 MB
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Michèle Alexandre defines "sexploitation" as the perpetuation of myths and stereotypical notions regarding men and women in order to further an agenda of oppression and subordination in certain spheres of society. The most popular means through which this sexploitation is achieved is through a method Alexandre coins as "sexual profiling." Alexandre argues that sexual profiling ultimately stifles the growth of our society by creating inefficient as well as oppressive systems, and that its eradication can help increase the productivity as well as the morale of society. Alexandre opens the book by exploring in detail the various ways in which normative views of gender are constructed and perpetuated through media and societal norms. She then focuses on the ways in which recent legal opinions and developments contribute to perpetuate these restrictive and oppressive norms. Finally, Alexandre outlines a plan to help eliminate the presence of these destructive norms and attitudes from different sectors of society. Sexploitation from the Newsroom to the Courtroom examines how sexual profiling represses, oppresses, and hinders various aspects of life for both genders, and explores the ways in which the law and the community can help eradicate the practice of sexual profiling.

Facing The Limits Of The Law

Author : Erik Claes
ISBN : 9783540798569
Genre : Law
File Size : 53. 60 MB
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Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.

Socio Legal Approaches To International Economic Law

Author : Amanda Perry-Kessaris
ISBN : 9781135121914
Genre : Business & Economics
File Size : 85. 66 MB
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This collection explores the nature and worth of socio-legal approaches to international economic law.

Pluralism In International Criminal Law

Author : Elies van Sliedregt
ISBN : 9780191008290
Genre : Law
File Size : 58. 74 MB
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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

Law Politics And Society In Early Modern England

Author : Christopher W. Brooks
ISBN : 1139475290
Genre : History
File Size : 41. 80 MB
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Law, like religion, provided one of the principal discourses through which early-modern English people conceptualised the world in which they lived. Transcending traditional boundaries between social, legal and political history, this innovative and authoritative study examines the development of legal thought and practice from the later middle ages through to the outbreak of the English civil war, and explores the ways in which law mediated and constituted social and economic relationships within the household, the community, and the state at all levels. By arguing that English common law was essentially the creation of the wider community, it challenges many current assumptions and opens new perspectives about how early-modern society should be understood. Its magisterial scope and lucid exposition will make it essential reading for those interested in subjects ranging from high politics and constitutional theory to the history of the family, as well as the history of law.

Law At The Vanishing Point

Author : Aaron Fichtelberg
ISBN : 9781317107651
Genre : Law
File Size : 63. 55 MB
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Two central questions are at the core of international legal theory: 'What is international law?', and 'Is international law really law?' This volume examines these critical questions and the philosophical foundations of modern international law using the tools of Anglo-American legal theory and western political thought. Engaging with both contemporary and historical legal theory and with an analysis of international law in action, the book builds an understanding and theory of law from the perspective of those who actually use this legal system and understand it, rather than constructing an artificial system from the standpoint of political scientists and moral philosophers. Law at the Vanishing Point provides a fascinating new challenge to those who reduce international law either to ethics or to politics and provides a critical new appraisal of its power as an independent force in human social relations.

Assisted Dying And Legal Change

Author : Penney Lewis
ISBN : UOM:39015066822704
Genre : Social Science
File Size : 44. 96 MB
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This book looks comparatively at the process of legalization of euthanasia and assisted suicide and its effects, examining how the way in which assisted dying is legalized affects the kind of regime that is produced. It suggests that the experience of one jurisdiction cannot readily be translated to another, arguing for a subtler understanding against the backgrounds of diverse legal and political cultures. This examination suggests that greater caution is needed before relying on the experience of one jurisdiction when discussing proposals for regulation of assisted dying in others, and the possible consequences of such regulation. The book seeks to demonstrate the need to explore the legal environment in which assisted dying is performed or proposed in order to evaluate the relevance of a particular legal experience to other jurisdictions.

Transcending Boundaries

Author : Gisela Hermann-Brennecke
ISBN : 9783825807634
Genre : Literary Criticism
File Size : 64. 5 MB
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This volume presents 16 essays by friends and colleagues celebrating Gisela Hermann-Brennecke's 60th birthday. Since the early 1970s, when she emerged as one of the outstanding German specialists in language acquisition and language teaching, she has been active in research and teaching at various German universities and abroad. The wide range of Gisela Hermann-Brennecke's research interests and publications - transcending boundaries - is mirrored in the diversity of the contributions in this volume: language learning and language policy - studies in English, American, and Postcolonial literatures and cultures - creative writing.

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