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Founded in 1997, Cambridge Studies in Law and Society is a hub for leading scholarship in socio-legal studies. Located at the intersection of law, the humanities, and the social sciences, it publishes empirically innovative and theoretically sophisticated work on law's manifestations in everyday life: from discourses to practices, and from institutions to cultures. The series editors have longstanding expertise in the interdisciplinary study of law, and welcome contributions that place legal phenomena in national, comparative, or international perspective. Series authors come from a range of disciplines, including anthropology, history, law, literature, political science, and sociology.

  • Series Editors: Mark Fathi Massoud, University of California, Santa Cruz, Jens Meierhenrich, London School of Economics and Political Science, Rachel E. Stern, University of California, Berkeley

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139 results in Cambridge Studies in Law and Society

Page 6 of 7

Law and Development and the Global Discourses of Legal Transfers
  • Edited by John Gillespie, Pip Nicholson
  • Published online:
    05 July 2012
    Print publication:
    28 June 2012
  • This volume of essays contributes to the understanding of global law reform by questioning the assumption in law and development theory that laws fail to transfer because of shortcomings in project design and implementation. It brings together leading scholars who demonstrate that a synthesis of law and development, comparative law and regulatory perspectives (disciplines which to date have remained intellectually isolated from each other) can produce a more nuanced understanding about development failures. Arguing for a refocusing of the analysis onto the social demand for legal transfers, and drawing on empirically rich case studies, contributors explore what recipients in developing countries think about global legal reforms. This analytical focus generates insights into how key actors in developing countries understand global law reforms and how to better predict how legal reforms are likely to play out in recipient countries.

Darfur and the Crime of Genocide
  • John Hagan, Wenona Rymond-Richmond
  • Published online:
    05 June 2012
    Print publication:
    13 October 2008
  • In 2004, the State Department gathered more than a thousand interviews from refugees in Chad that verified Colin Powell's UN and congressional testimonies about the Darfur genocide. The survey cost nearly a million dollars to conduct and yet it languished in the archives as the killing continued, claiming hundreds of thousands of murder and rape victims and restricting several million survivors to camps. This book fully examines that survey and its heartbreaking accounts. It documents the Sudanese government's enlistment of Arab Janjaweed militias in destroying black African communities. The central questions are: why is the United States so ambivalent to genocide? Why do so many scholars deemphasize racial aspects of genocide? How can the science of criminology advance understanding and protection against genocide? This book gives a vivid firsthand account and voice to the survivors of genocide in Darfur.

Authoritarian Rule of Law
  • Legislation, Discourse and Legitimacy in Singapore
  • Jothie Rajah
  • Published online:
    05 June 2012
    Print publication:
    16 April 2012
  • Scholars have generally assumed that authoritarianism and rule of law are mutually incompatible. Convinced that free markets and rule of law must tip authoritarian societies in a liberal direction, nearly all studies of law and contemporary politics have neglected that improbable coupling: authoritarian rule of law. Through a focus on Singapore, this book presents an analysis of authoritarian legalism. It shows how prosperity, public discourse, and a rigorous observance of legal procedure have enabled a reconfigured rule of law such that liberal form encases illiberal content. Institutions and process at the bedrock of rule of law and liberal democracy become tools to constrain dissent while augmenting discretionary political power - even as the national and international legitimacy of the state is secured. This book offers a valuable and original contribution to understanding the complexities of law, language and legitimacy in our time.

Law against the State
  • Ethnographic Forays into Law's Transformations
  • Edited by Julia Eckert, Brian Donahoe, Christian Strümpell, Zerrin Özlem Biner
  • Published online:
    05 June 2012
    Print publication:
    24 May 2012
  • This collection of rich, empirically grounded case studies investigates the conditions and consequences of 'juridification' - the use of law by ordinary individuals as a form of protest against 'the state'. Starting from the actual practices of claimants, these case studies address the translation and interpretation of legal norms into local concepts, actions and practices in a way that highlights the social and cultural dynamism and multivocality of communities in their interaction with the law and legal norms. The contributors to this volume challenge the image of homogeneous and primordially norm-bound cultures that has been (unintentionally) perpetuated by some of the more prevalent treatments of law and culture. This volume highlights the heterogeneous geography of law and the ways boundaries between different legal bodies are transcended in struggles for rights. Contributions include case studies from South Africa, Malawi, Sierra Leone, Turkey, India, Papua New Guinea, Suriname, the Marshall Islands and Russia.

Law, Society, and History
  • Themes in the Legal Sociology and Legal History of Lawrence M. Friedman
  • Edited by Robert W. Gordon, Morton J. Horwitz
  • Published online:
    07 October 2011
    Print publication:
    07 March 2011
  • This book assembles essays on legal sociology and legal history by an international group of distinguished scholars. All of them have been influenced by the eminent and prolific legal historian, legal sociologist and scholar of comparative law, Lawrence M. Friedman. Not just a Festschrift of essays by colleagues and disciples, this volume presents a sustained examination and application of Friedman's ideas and methods. Together, the essays in this volume show the powerful ripple effects of Friedman's work on American and comparative legal sociology, American and comparative legal history and the general sociology of law and legal change.

A Sociology of Constitutions
  • Constitutions and State Legitimacy in Historical-Sociological Perspective
  • Chris Thornhill
  • Published online:
    07 September 2011
    Print publication:
    14 July 2011
  • Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.

Mitigation and Aggravation at Sentencing
  • Edited by Julian V. Roberts
  • Published online:
    07 September 2011
    Print publication:
    25 August 2011
  • This innovative volume explores a fundamental issue in the field of sentencing: the factors which make a sentence more or less severe. All sentencing systems allow courts discretion to consider mitigating and aggravating factors, and many legislatures have placed a number of such factors on a statutory footing. Yet many questions remain regarding the theory and practice of mitigation and aggravation. Drawing on legal and sociological perspectives and examining mitigation and aggravation in various jurisdictions, the essays provide practical illustrations of specific factors as well as theoretical justifications. After the foreword by Andrew von Hirsch, a number of contributors address broad conceptual issues raised at sentencing. These contributions are followed by several empirical chapters including an exploration of personal mitigation in English courts. The authors are leading scholars from a range of common law jurisdictions including England and Wales, the United States, Canada, Australia, New Zealand and South Africa.

Adjudication in Religious Family Laws
  • Cultural Accommodation, Legal Pluralism, and Gender Equality in India
  • Gopika Solanki
  • Published online:
    03 May 2011
    Print publication:
    25 April 2011
  • This book argues that the shared adjudication model in which the state splits its adjudicative authority with religious groups and other societal sources in the regulation of marriage can potentially balance cultural rights and gender equality. In this model the civic and religious sources of legal authority construct, transmit and communicate heterogeneous notions of the conjugal family, gender relations and religious membership within the interstices of state and society. In so doing, they fracture the homogenized religious identities grounded in hierarchical gender relations within the conjugal family. The shared adjudication model facilitates diversity as it allows the construction of hybrid religious identities, creates fissures in ossified group boundaries and provides institutional spaces for ongoing intersocietal dialogue. This pluralized legal sphere, governed by ideologically diverse legal actors, can thus increase gender equality and individual and collective legal mobilization by women effects institutional change.

Water on Tap
  • Rights and Regulation in the Transnational Governance of Urban Water Services
  • Bronwen Morgan
  • Published online:
    03 May 2011
    Print publication:
    21 April 2011
  • In the 1990s and mid-2000s, turbulent political and social protests surrounded the issue of private sector involvement in providing urban water services in both the developed and developing world. Water on Tap explores examples of such conflicts in six national settings (France, Bolivia, Chile, Argentina, South Africa and New Zealand), focusing on a central question: how were rights and regulation mobilized to address the demands of redistribution and recognition? Two modes of governance emerged: managed liberalization and participatory democracy, often in hybrid forms that complicated simple oppositions between public and private, commodity and human right. The case studies examine the effects of transnational and domestic regulatory frameworks shaping the provision of urban water services, bilateral investment treaties and the contributions of non-state actors such as transnational corporations, civil society organisations and social movement activists. The conceptual framework developed can be applied to a wide range of transnational governance contexts.

The Practice of Human Rights
  • Tracking Law between the Global and the Local
  • Edited by Mark Goodale, Sally Engle Merry
  • Published online:
    29 March 2011
    Print publication:
    26 July 2007
  • Human rights are now the dominant approach to social justice globally. But how do human rights work? What do they do? Drawing on anthropological studies of human rights work from around the world, this book examines human rights in practice. It shows how groups and organizations mobilize human rights language in a variety of local settings, often differently from those imagined by human rights law itself. The case studies reveal the contradictions and ambiguities of human rights approaches to various forms of violence. They show that this openness is not a failure of universal human rights as a coherent legal or ethical framework but an essential element in the development of living and organic ideas of human rights in context. Studying human rights in practice means examining the channels of communication and institutional structures that mediate between global ideas and local situations. Suitable for use on inter-disciplinary courses globally.

The Gacaca Courts, Post-Genocide Justice and Reconciliation in Rwanda
  • Justice without Lawyers
  • Phil Clark
  • Published online:
    06 December 2010
    Print publication:
    09 September 2010
  • Since 2001, the Gacaca community courts have been the centrepiece of Rwanda's justice and reconciliation programme. Nearly every adult Rwandan has participated in the trials, principally by providing eyewitness testimony concerning genocide crimes. Lawyers are banned from any official involvement, an issue that has generated sustained criticism from human rights organisations and international scepticism regarding Gacaca's efficacy. Drawing on more than six years of fieldwork in Rwanda and nearly five hundred interviews with participants in trials, this in-depth ethnographic investigation of a complex transitional justice institution explores the ways in which Rwandans interpret Gacaca. Its conclusions provide indispensable insight into post-genocide justice and reconciliation, as well as the population's views on the future of Rwanda itself.

Institutional Inequality and the Mobilization of the Family and Medical Leave Act
  • Rights on Leave
  • Catherine R. Albiston
  • Published online:
    05 October 2010
    Print publication:
    26 July 2010
  • How do Family and Medical Leave Act rights operate in practice in the courts and in the workplace? This empirical study examines how institutions and social practices transform the meaning of these rights to recreate inequality. Workplace rules and norms built around the family wage ideal, the assumption that disability and work are mutually exclusive, and management's historical control over time all constrain opportunities for social change. Yet workers can also mobilize rights as a cultural discourse to change the social meaning of family and medical leave. Drawing on theoretical frameworks from social constructivism and new institutionalism, this study explains how institutions transform rights to recreate systems of power and inequality but at the same time also provide opportunities for law to change social structure. It provides a fresh look at the perennial debate about law and social change by examining how institutions shape the process of rights mobilization.

Unemployment and Government
  • Genealogies of the Social
  • William Walters
  • Published online:
    07 September 2010
    Print publication:
    26 April 2000
  • While joblessness is by no means a phenomenon specific to this century, the concept of 'unemployment' is. This book follows the invention and transformation of unemployment, understood as a historically specific site of regulation. Taking key aspects of the history of unemployment in Britain as its focus, it argues that the ways in which authorities have defined and sought to manage the jobless have been remarkably varied. In tracing some of the different constructions of unemployment over the last 100 years - as a problem of 'character', as a social 'risk', or today, as a problem of 'skills' - the study highlights the discursive dimension of social and economic policy problems. The book examines such institutionalized practices as the labour bureau, unemployment insurance, and the 'New Deal' as 'technologies' of power. The result is a challenge to our thinking about welfare states.

Constituting Democracy
  • Law, Globalism and South Africa's Political Reconstruction
  • Heinz Klug
  • Published online:
    06 July 2010
    Print publication:
    04 September 2000
  • Against the backdrop of South Africa's transition from apartheid, this provocative book explores the role of late twentieth century constitutionalism in facilitating political change. Using South Africa as a case study, Klug's larger project is to investigate why there has been renewed faith in justiciable constitutions and democratic constitutionalism despite the widespread recognition that courts are institutionally weak, lack adequate resources and are largely inaccessible to most citizens. He places this question in a broader context, evaluating the appeal of different constitutional models and illustrating how globalized institutions can be adapted to serve local domestic needs. Incorporating constitutional law, politics and legal history, this examination of South Africa's constitution-making process provides important insights into the role of law in the transition to democracy.

Autonomy and Ethnicity
  • Negotiating Competing Claims in Multi-Ethnic States
  • Edited by Yash Ghai
  • Published online:
    06 July 2010
    Print publication:
    12 October 2000
  • This book, first published in 2000, deals with one of the most urgent problems of contemporary times: the political organisation of multi-ethnic states. Most major conflicts of our time are internal to the state and revolve around the claims of access to or the redesign of the state. Responses to ethnic conflicts have ranged from oppression and ethnic cleansing to accommodations of ethnic claims through affirmative policies, special forms of representation, power sharing, and the integration of minorities. One of the most sought after, and resisted, devices for conflict management is autonomy. Within an overarching framework that examines different understandings of ethnic consciousness and the variety of territorial autonomies, the authors examine the experiences of spatial distribution of power in Canada, India, China, South Africa, Ethiopia, PNG, Spain, the former Yugoslavia, Cyprus, Sri Lanka and Australia.

Cultures of Legality
  • Judicialization and Political Activism in Latin America
  • Edited by Javier Couso, Alexandra Huneeus, Rachel Sieder
  • Published online:
    20 May 2010
    Print publication:
    30 April 2010
  • Ideas about law are undergoing dramatic change in Latin America. The consolidation of democracy as the predominant form of government and the proliferation of transnational legal instruments have ushered in an era of new legal conceptions and practices. Law has become a core focus of political movements and policy-making. This volume explores the changing legal ideas and practices that accompany, cause, and are a consequence of the judicialization of politics in Latin America. It is the product of a three-year international research effort, sponsored by the Law and Society Association, the Latin American Studies Association, and the Ford Foundation, that gathered leading and emerging scholars of Latin American courts from across disciplines and across continents.

Globalisation, Human Rights and Labour Law in Pacific Asia
  • Anthony Woodiwiss
  • Published online:
    07 May 2010
    Print publication:
    30 April 1998
  • Anthony Woodiwiss's pathbreaking book was the first substantive contribution to a sociology of human rights. In it, he takes up the question of whether so-called Asian values are compatible with human rights discourse and argues against human rights issues being the major obstacle to East-West co-operation. Dr Woodiwiss's sociological and post-structuralist approach to the concept of rights, and his incorporation of the transnational dimension into sociological theory, enable him to demonstrate how the global human rights regime can accommodate Asian patriarchalism, while Pacific Asia is itself adapting by means of what he calls 'enforceable benevolence'. His studies of Hong Kong, the Philippines, Malaysia, and Singapore highlight similarities between Pacific-Asian and Western societies and offer a positive view of the social forces obtaining in these territories.

Child Pornography and Sexual Grooming
  • Legal and Societal Responses
  • Suzanne Ost
  • Published online:
    04 May 2010
    Print publication:
    28 May 2009
  • Child pornography and sexual grooming provide case study exemplars of problems that society and law have sought to tackle to avoid both actual and potential harm to children. Yet despite the considerable legal, political and societal concern that these critical phenomena attract, they have not, thus far, been subjected to detailed socio-legal and theoretical scrutiny. How do society and law construct the harms of child pornography and grooming? What impact do constructions of the child have upon legal and societal responses to these phenomena? What has been the impetus behind the expanding criminalisation of behaviour in these areas? Suzanne Ost addresses these and other important questions, exploring the critical tensions within legal and social discourses which must be tackled to discourage moral panic reactions towards child pornography and grooming, and advocating a new, more rational approach towards combating these forms of exploitation.

The World Trade Organization Knowledge Agreements
  • 2nd edition
  • Christopher Arup
  • Published online:
    23 February 2010
    Print publication:
    24 April 2008
  • The WTO intellectual property and services agreements (TRIPs and GATS) form the global legal framework in which governments now regulate trade in knowledge. This second edition analyses the provisions of the agreements and examines closely the thirteen years of implementation and revision. Gathering together the interpretations placed on the agreements by the WTO dispute settlement bodies, it reports on the initiatives taken by the members both to liberalise trade in knowledge and to shape international business regulation. Drawing on this, Christopher Arup assesses the future of the WTO as a global law-making institution. Three expanded case studies (legal services, genetic codes/essential medicines, and on-line media) illustrate the impact of the agreements and highlight the challenges faced by the WTO in reconciling free trade with social regulation.

Conducting Law and Society Research
  • Reflections on Methods and Practices
  • Simon Halliday, Patrick Schmidt
  • Published online:
    09 February 2010
    Print publication:
    25 May 2009
  • Through interviews with many of the most noteworthy authors in law and society, Conducting Law and Society Research takes students and scholars behind the scenes of empirical scholarship, showing the messy reality of research methods. The challenges and the uncertainties, so often missing from research methods textbooks, are revealed in candid detail. These accessible and revealing conversations about the lived reality of classic projects will be a source of encouragement and inspiration to those embarking on empirical research, ranging across the full array of disciplines that contribute to law and society. For all of the ambiguities and challenges to the social 'scientific' study of law, the reflections found in this book - collectively capturing a portrait of the field through the window of the research efforts - individually remind readers that 'good research' displays not an absence of problems, but the care taken in negotiating them.

Page 6 of 7