transcending the boundaries of law

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Transcending The Boundaries Of Law

Author : Martha Albertson Fineman
ISBN : 9781136949029
Genre : Law
File Size : 81. 20 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 : 63. 38 MB
Format : PDF
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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.

Transcending Borders

Author : Shannon Stettner
ISBN : 9783319483993
Genre : Social Science
File Size : 58. 49 MB
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This multidisciplinary volume investigates different abortion and reproductive practices across time, space, geography, national boundaries, and cultures. The authors specialize in the reproductive politics of Australia, Bolivia, Cameroon, France, ‘German East Africa,’ Ireland, Japan, Sweden, South Africa, the United States, and Zanzibar, with historical focuses on the pre-modern era, nineteenth and twentieth centuries, as well as the present day. This timely work complicates the many histories and ongoing politics of abortion by exploring the conditions in which women have been forced to make these life-altering decisions.

Fighting At The Legal Boundaries

Author : Kenneth Watkin
ISBN : 9780190457976
Genre : Aggression (International law)
File Size : 76. 68 MB
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The international law governing armed conflict is at a crossroads, as the formal framework of laws designed to control the exercise of self-defense and conduct of inter-state conflict finds itself confronted with violent 21st Century disputes of a very different character. Military practitioners who seek to stay within the bounds of international law often find themselves applying bodies of law-IHRL, IHL, ICL-in an exclusionary fashion, and adherence to those boundaries can lead to a formal and often rigid application of the law that does not adequately address contemporary security challenges. Fighting at the Legal Boundaries offers a holistic approach towards the application of the various constitutive parts of international law. The author focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion. Emphasis is placed on the disconnect that can occur between theory and practice regarding how these legal regimes are applied and interact with one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrorists, and transnational criminal gangs often occurs not only at the point where these bodies of law interact, but also in situations where there is significant overlap. In this regard, the exercise of the longstanding right of States to defend nationals, including the conduct of operations such as hostage rescue, can involve the application of human rights based law enforcement norms to counter threats transcending the conflict spectrum. This book has five parts: Part I sets out the security, legal, and operational challenges of contemporary conflict. Part II focuses on the interaction between the jus ad bellum, humanitarian law and human rights, including an analysis of the historical influences that shaped their application as separate bodies of law. Emphasis is placed on the influence the proper authority principle has had in the human rights based approach being favored when dealing with "criminal" non-State actors during both international and non-international armed conflict. Part III analyzes the threats of insurgency and terrorism, and the state response. This includes exploring their link to criminal activity and the phenomenon of transnational criminal organizations. Part IV addresses the conduct of operations against non-State actors that span the conflict spectrum from inter-state warfare to international law enforcement. Lastly, Part V looks at the way ahead and discusses the approaches that can be applied to address the evolving, diverse and unique security threats facing the international community.

Law Politics And Society In Early Modern England

Author : Christopher W. Brooks
ISBN : 1139475290
Genre : History
File Size : 40. 57 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.

The Public Law Of Gender

Author : Kim Rubenstein
ISBN : 9781107138575
Genre : Law
File Size : 87. 10 MB
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Examines the public law of gender and equality from the perspectives of comparative constitutional law, international law and governance.

The Legacy Of Martin Luther King Jr

Author : Lewis V. Baldwin
ISBN : UOM:39015055089976
Genre : History
File Size : 56. 19 MB
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Explores the development of Martin Luther King, Jr.'s understanding of the relationship between religion, morality, law, and politics. Provides an in-depth analysis of King's views on the roles that religion and morality ought to play, not only in public debate concerning political choices and law, but also in efforts to create political and legal structures that are just and to perpetuate participatory democracy. The Legacy of Martin Luther King, Jr. focuses considerable attention on King's refusal to separate religious faith and moral considerations from politics, legal matters, and social reformism. In so doing, it demonstrates King's remarkable ability to transcend church-state boundaries and to formulate an alliance that permeated every facet of American life. This volume reveals how King moved beyond southern particularism to create a more democratic America and a more inclusive world. Among the topics covered are King's relationship to various American political traditions and figures, King's theories of civil disobedience and his understanding of the Constitution, and the influence of moral law and personal idealism on King's teachings.

The Oxford Handbook Of Medical Ethnomusicology

Author : Benjamin Koen
ISBN : 9780199756261
Genre : Health & Fitness
File Size : 44. 44 MB
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The Oxford Handbook of Medical Ethnomusicology defines a new field of holistic research and applied practice that approaches music, health, and healing across traditional cultures worldwide and the disciplinary boundaries of ethnomusicology, music therapy, the health sciences, and alternative medicine.

Legal Feminism

Author : Ann Scales
ISBN : 9780814798454
Genre : Law
File Size : 79. 64 MB
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In the late 1970s, feminist scholars and activists joined together to build a movement aimed at bringing feminist theory and experiences to the practice and teaching of American law. Since then, the feminist jurisprudence movement has taken root, with courts and legislatures addressing matters of sex and gender inequality, and law schools employing feminist and post-feminist theory in the classroom. In this book, Ann Scales, a founding contributor to the movement, reflects on the past, present, and future of feminist jurisprudence. Part personal memoir, part primer, and part treatise, Legal Feminism is a de-jargonized account of how feminist jurisprudence can solve traditional legal conflicts, and why it matters to anyone committed to building an equitable and progressive society.

Facing The Limits Of The Law

Author : Erik Claes
ISBN : 9783540798569
Genre : Law
File Size : 20. 79 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.

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