Author: Jens Meierhenrich
Publisher: Cambridge University Press
Release Date: 2008-10-13
Genre: Political Science
Focusing on South Africa during the period 1650–2000, this book examines the role of law in making democracy work in changing societies. The Legacies of Law sheds light on the neglected relationship between path dependence and the law. Meierhenrich argues that legal norms and institutions, even illiberal ones, have an important - and hitherto undertheorized - structuring effect on democratic outcomes. Under certain conditions, law appears to reduce uncertainty in democratization by invoking common cultural backgrounds and experiences. In instances where interacting adversaries share qua law reasonably convergent mental models, transitions from authoritarian rule are shown to be less intractable. Meierhenrich's historical analysis of the evolution of law - and its effects - in South Africa during the period 1650–2000, compared with a short study of Chile from 1830–1990, shows how, and when, legal norms and institutions serve as historical causes to both liberal and illiberal rule.
Author: Susan Marks
Publisher: Cambridge University Press
Release Date: 2008-03-20
Against expectations that the turn away from state socialism would likewise initiate a turn away from Marxist thought, recent years have seen a resurgence of interest in Marxism and its reassessment by a new generation of theorists. This book pursues that interest with specific reference to international law. It presents a sustained and fascinating exploration of the pertinence of Marxist ideas, concepts and analytical practices for international legal enquiry from a range of angles. Essays consider the relationship between Marxism and critical approaches to international law, the legacy of Soviet international legal theory, the bearing of Marxism for the analysis of international trade law and human rights, and the significance for international legal enquiry of such Marxist concepts as the commodity, praxis and exploitation.
Author: Frank Murray Greenwood
Publisher: University of Toronto Press
Release Date: 1993
Many people assume that a French-English cleavage has always existed and historians have been uncertain as to just how it unfolded. This book provides the answer. Greenwood re-creates a Quebec in which trust between French and English Canadians was an early casualty of the execution of Louis XVI and the descent of the French Revolution through terror into war. Fearing invasion, the English community, through the law officers of the crown, drafted draconian legislation and established an efficient counter-intelligence service. Lower Canada in these years was a hotbed of spies and counter-intelligence, highlighted by the trial for high treason of an American undercover agent for revolutionary France. Placing the legal history of Quebec in the foreground of these dangerous and dramatic events, Greenwood reveals this period as a turning point that altered not only French-English relations but Canada's legal and constitutional inheritance. While the focus is on legal and political history, the narrative also details intellectual, military, social, and economic developments. The author pursues many dynamic themes of the period including the riots among working people in the 1790s; the differences in judicial behaviour when security matters were at stake; the setting up of the first formal counter-intelligence service, and issues related to the suspension of habeas corpus. Murray Greenwood is one of Canada's finest legal historians. In this work his wide perspective, supported by extensive documentation, brings new evidence and insight to a formative and somewhat neglected period in Canada's history.
Author: Barbara Havelková
Publisher: Bloomsbury Publishing
Release Date: 2017-06-01
"In Gender Equality in Law: Uncovering the Legacies of Czech State Socialism, Barbara Havelková offers a sober and sophisticated socio-legal account of gender equality law in Czechia. Tracing gender equality norms from their origins under state socialism, Havelková shows how the dominant understanding of the differences between women and men as natural and innate combined with a post-socialist understanding of rights as freedom to shape the views of key Czech legal actors and to thwart the transformative potential of EU sex discrimination law. Havelková's compelling feminist legal genealogy of gender equality in Czechia illuminates the path dependency of gender norms and the antipathy to substantive gender equality that is common among the formerly state-socialist countries of Central and Eastern Europe. Her deft analysis of the relationship between gender and legal norms is especially relevant today as the legitimacy of gender equality laws is increasingly precarious." Professor Judy Fudge, Kent Law School Gender equality law in Czechia, as in other parts of post-socialist Central and Eastern Europe, is facing serious challenges. When obliged to adopt, interpret and apply anti-discrimination law as a condition of membership of the EU, Czech legislators and judges have repeatedly expressed hostility and demonstrated a fundamental lack of understanding of key ideas underpinning it. This important new study explores this scepticism to gender equality law, examining it with reference to legal and socio-legal developments that started in the state-socialist past and that remain relevant today. The book examines legal developments in gender-relevant areas, most importantly in equality and anti-discrimination law. But it goes further, shedding light on the underlying understandings of key concepts such as women, gender, equality, discrimination and rights. In so doing, it shows the fundamental intellectual and conceptual difficulties faced by gender equality law in Czechia. These include an essentialist understanding of differences between men and women, a notion that equality and anti-discrimination law is incompatible with freedom, and a perception that existing laws are objective and neutral, while any new gender-progressive regulation of social relations is an unacceptable interference with the 'natural social order'. Timely and provocative, this book will be required reading for all scholars of equality and gender and the law.
Author: Barry Wright
Release Date: 2016-05-23
Enacted in 1860, the Indian Penal Code is the longest serving and one of the most influential criminal codes in the common law world. This book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of Thomas Macaulay, the principal drafter of the Code. The book comprises chapters which examine the general principles of criminal responsibility from the perspective of Macaulay, and from more recent accounts by lawmakers and reformers. These are framed by chapters that examine the history and conceptual underpinnings of Macaulay's Code, consider the need to revitalize the Indian Penal Code, and review the current challenges of principled criminal law reform and codification. This book is a valuable reference on the Indian Penal Code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. It also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists.
Author: Maartje Abbenhuis
Publisher: Taylor & Francis
Release Date: 2017-02-24
The exact legacies of the two Hague Peace Conferences remain unclear. On the one hand, diplomatic and military historians, who cast their gaze to 1914, traditionally dismiss the events of 1899 and 1907 as insignificant footnotes on the path to the First World War. On the other, experts in international law posit that The Hague’s foremost legacy lies in the manner in which the conferences progressed the law of war and the concept and application of international justice. This volume brings together some of the latest scholarship on the legacies of the Hague Peace Conferences in a comprehensive volume, drawing together an international team of contributors.?
Providing the first comprehensive account to look explicitly at the relationship between global politics and science through an account of the International Polar Years, this volume combines both interdisciplinary and multi-theoretical approaches to engage directly with the most recent debates in international relations scholarship.