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The Right to Punish: Political Authority and International Criminal Justice (Studies on International Courts and Tribunals)
by null Luise MüllerWhat gives international courts the authority to punish individuals for international crimes? Through the lens of political philosophy, Luise Müller provides an original perspective on the justification of the authority of international criminal courts and tribunals. She argues that institutions of international criminal justice are permitted to pierce the sovereignty of states in order to punish high-profile politicians for genocide, crimes against humanity, war crimes, and other mass human rights violations. Their right to punish is justified by virtue of their function to deter mass violations of fundamental human rights. However, to legitimately exercise that right, international criminal justice institutions must fulfil two conditions: first, they must conduct criminal trials with the highest level of fairness; second, they must treat those who are subject to their authority as equals. This last condition can be satisfied by international criminal justice institutions by including procedures of democratic decision-making and democratic accountability.
The Rights of Indians and Tribes
by Stephen L. PevarThe Rights of Indians and Tribes explains Federal Indian Law in a conversational manner, yet is highly authoritative, containing over 2000 footnotes with citations to relevant court decisions, statutes, and agency regulations. Since its initial publication in 1983 it has sold over 150,000 copies. It is user-friendly and particularly helpful for tribal advocates, students, government officials, lawyers, and members of the general public. The book uses a question-and-answer format and covers every important subject impacting Indians and tribes today and discusses which governments-tribal, state, and federal-have authority on Indian reservations. This fully-updated fifth edition provides a Foreword by John Echohawk, Director of the Native American Rights Fund, and covers the most significant legal issues facing Indians and Indian tribes. This includes the regulation of non-Indians on reservations, definitions of important legal terms, Indian treaties, the Indian Civil Rights Act, the Indian Gaming Regulatory Act, and the Indian Child Welfare Act.
Rights of Nature in Europe: Encounters and Visions
by Jenny García Ruales Katarina Hovden Helen Kopnina Colin D. Robertson Hendrik SchoukensThis book addresses the recognition of the Rights of Nature (RoN) in Europe, examining their conceptualisation and implementation. RoN refers to a diverse set of legal developments that seek to redefine Nature's status within the law, gradually emerging as a novel template for environmental protection. Countries like Ecuador and New Zealand, each with distinct histories and ways of dwelling in the world, have pioneered a new era in environmental governance by legally acknowledging rights or personhood for nature, ecosystems, and more-than-human populations.In recent years, Europe has witnessed growing interest in RoN, with academic, legislative, and political initiatives gaining momentum. A significant development is the September 2022 passage of a law in the Spanish Parliament, granting legal personhood and rights to the Mar Menor, a saltwater lagoon severely affected by environmental degradation.Given the diversity in interpretations and articulations of ‘Rights of Nature’, this edited volume argues that their arrival in Europe fosters different kinds of interactions across distinct areas of law, knowledge, practices, and societal domains. The book employs a multidisciplinary approach, exploring these interactions in law and policy, anthropology, Indigenous worldviews and jurisprudence, philosophy, spiritual traditions, critical theory, animal communication, psychology, and social work.This book is tailored for scholars in law, political science, environmental studies, anthropology and cultural studies; as well as legal practitioners, NGOs, activists and policy-makers interested in ecology and environmental protection.
Rights of Nature in Europe: Encounters and Visions
This book addresses the recognition of the Rights of Nature (RoN) in Europe, examining their conceptualisation and implementation. RoN refers to a diverse set of legal developments that seek to redefine Nature's status within the law, gradually emerging as a novel template for environmental protection. Countries like Ecuador and New Zealand, each with distinct histories and ways of dwelling in the world, have pioneered a new era in environmental governance by legally acknowledging rights or personhood for nature, ecosystems, and more-than-human populations.In recent years, Europe has witnessed growing interest in RoN, with academic, legislative, and political initiatives gaining momentum. A significant development is the September 2022 passage of a law in the Spanish Parliament, granting legal personhood and rights to the Mar Menor, a saltwater lagoon severely affected by environmental degradation.Given the diversity in interpretations and articulations of ‘Rights of Nature’, this edited volume argues that their arrival in Europe fosters different kinds of interactions across distinct areas of law, knowledge, practices, and societal domains. The book employs a multidisciplinary approach, exploring these interactions in law and policy, anthropology, Indigenous worldviews and jurisprudence, philosophy, spiritual traditions, critical theory, animal communication, psychology, and social work.This book is tailored for scholars in law, political science, environmental studies, anthropology and cultural studies; as well as legal practitioners, NGOs, activists and policy-makers interested in ecology and environmental protection.
Robotics, AI and Criminal Law: Crimes Against Robots (Routledge Contemporary Issues in Criminal Justice and Procedure)
by Kamil MamakThis book offers a phenomenological perspective on the criminal law debate on robots. Today, robots are protected in some form by criminal law. A robot is a person’s property and is protected as property. This book presents the different rationale for protecting robots beyond the property justification based on the phenomenology of human-robot interactions. By focusing on robots that have bodies and act in the physical world in social contexts, the work provides an assessment of the issues that emerge from human interaction with robots, going beyond perspectives focused solely on artificial intelligence (AI). Here, a phenomenological approach does not replace ontological concerns, but complements them. The book addresses the following key areas: Regulation of robots and AI; Ethics of AI and robotics; and philosophy of criminal law. It will be of interest to researchers and academics working in the areas of Criminal Law, Technology and Law and Legal Philosophy.
Robotics, AI and Criminal Law: Crimes Against Robots (Routledge Contemporary Issues in Criminal Justice and Procedure)
by Kamil MamakThis book offers a phenomenological perspective on the criminal law debate on robots. Today, robots are protected in some form by criminal law. A robot is a person’s property and is protected as property. This book presents the different rationale for protecting robots beyond the property justification based on the phenomenology of human-robot interactions. By focusing on robots that have bodies and act in the physical world in social contexts, the work provides an assessment of the issues that emerge from human interaction with robots, going beyond perspectives focused solely on artificial intelligence (AI). Here, a phenomenological approach does not replace ontological concerns, but complements them. The book addresses the following key areas: Regulation of robots and AI; Ethics of AI and robotics; and philosophy of criminal law. It will be of interest to researchers and academics working in the areas of Criminal Law, Technology and Law and Legal Philosophy.
Roe v. Dobbs: The Past, Present, and Future of a Constitutional Right to Abortion
by Lee C. Bollinger and Geoffrey R. StoneWith this volume, Roe v. Dobbs: The Past, Present and Future of a Constitutional Right of Abortion, we confront the remarkable beginning and end--once again, after a half-century-of the landmark Supreme Court decision in Roe v. Wade, shockingly overruled by the Court in Dobbs v. Jackson Women's Health Organization. The goal of this book is to bring together some of our nation's leading constitutional scholars, historians, philosophers, and medical experts to share their views on whether there should be a constitutional right to abortion and what the consequences of Dobbs might be. What makes this subject unique is how it intersects with our own lives, since both Bollinger and Stone were law clerks at the Supreme Court in the year that Roe was decided (1973)--Stone for Justice William Brennan and Bollinger for Chief Justice Warren Burger. During the Court's 1972 Term, when Roe was decided, the Court was in a state of flux. President Nixon had just appointed four Justices to the Court--Burger, Blackmun, Powell, and Rehnquist. The era of the Warren Court was clearly over. In those days, the Justices were non-partisan, often joined opinions across the political/ideological spectrum, and approached cases with an open mind. That in large part explains why the Court could reach the decision it did in Roe, with five of the six Republican-appointed Justices and two of the three Democratic-appointed Justices in the majority, and one Republican-appointed justice (Rehnquist) and one Democratic-appointed justice (White) in dissent. It was a different Court and a different era.
The Role of Law in China’s Economic Development, 1978–2011: A Study in Law and Political Economy
by Jia HuThis book concerns how China's legal institutions promoted its economic growth and demonstrates that the law has played different roles at various stages of China's economic transformation, a signal of legal paradigm shifts in reaction to the changing political and economic pursuits.By decomposing the role of law in the process, the author argues that while the Chinese economy was transforming from a planned economy to a market-oriented one, the law also made its adjustment as a response—the Chinese legal system was evolving from the one consisting of primarily substantive laws to the one filled with high-level formal laws by the end of the last century. The above observation of legal formalization is further consolidated by introducing the particularities of China's legal education in those years—a topic rarely dealt with yet of significance to comprehensively understand the Chinese legal system in practice. Overall, the present book argues against the modernization theory and determinism that would anticipate a similar developmental path globally and shows that the relationship between law and economic development is contingent. Therefrom, this study weighs in the law and development debate and breaks a perception of static law in the economy by rejecting the conventional perception of established legal institutions as a precondition of modernity.Hence, this book could appeal to legal scholars and sociologists interested in reevaluating western theories of free economy and its relationships to the law. In addition, scholars interested in research methodology would find the perspective of paradigm shifts in interpreting China's transformations a helpful analytical framework in research. Moreover, policymakers and legislators concerned about the characteristics of law for economic results would also find the book useful.
The Role of Law in Transboundary River Basin Disputes: Cooperation and Peaceful Settlement (Earthscan Studies in Water Resource Management)
by Chukwuebuka EdumThis book examines the role legal rules play in the resolution of disputes in transboundary river basins. When states fail to resolve disputes over shared water resources, many cast such failures on inadequate or ineffective legal rules. With this view in mind, this book examines the role that legal rules do, and can, play in aiding the peaceful settlement of disputes and furthering cooperation between different parties. Building on the interactional theory of law, this book formulates three analytical frameworks: the effect of norm-generating processes, the effects of water-related agreements and/or arrangements in the basins, and the effect of international water. It uses these frameworks to assess the role of law in the processes of cooperation and peaceful settlement of disputes on transboundary river basin by drawing on four illustrative case studies: the Jordan River Basin, the Nile River Basin, the Mekong River Basin, and the Indus River Basin. In doing so, this book presents a unique perspective on the multi-functional role of legal rules in those processes. Tapping into the global discussion on water security and water-related conflicts, this book stimulates readers to explore broader or interdisciplinary perspectives for understanding water-related issues. This book will be of great interest to students and scholars interested in water resource management, water law, environmental politics, conflict resolution, and sustainable development more generally.
The Role of Law in Transboundary River Basin Disputes: Cooperation and Peaceful Settlement (Earthscan Studies in Water Resource Management)
by Chukwuebuka EdumThis book examines the role legal rules play in the resolution of disputes in transboundary river basins. When states fail to resolve disputes over shared water resources, many cast such failures on inadequate or ineffective legal rules. With this view in mind, this book examines the role that legal rules do, and can, play in aiding the peaceful settlement of disputes and furthering cooperation between different parties. Building on the interactional theory of law, this book formulates three analytical frameworks: the effect of norm-generating processes, the effects of water-related agreements and/or arrangements in the basins, and the effect of international water. It uses these frameworks to assess the role of law in the processes of cooperation and peaceful settlement of disputes on transboundary river basin by drawing on four illustrative case studies: the Jordan River Basin, the Nile River Basin, the Mekong River Basin, and the Indus River Basin. In doing so, this book presents a unique perspective on the multi-functional role of legal rules in those processes. Tapping into the global discussion on water security and water-related conflicts, this book stimulates readers to explore broader or interdisciplinary perspectives for understanding water-related issues. This book will be of great interest to students and scholars interested in water resource management, water law, environmental politics, conflict resolution, and sustainable development more generally.
The Roma and the Holocaust: The Romani Genocide under Nazism (Perspectives on the Holocaust)
by Professor María SierraHalf a million European Roma were exterminated by the Nazi regime; many more were subjected to a policy of racial discrimination similar to that suffered by the Jewish people. However, the persecution and torment of Roma in Hitler's Europe has little presence in the history books. The Roma and the Holocaust places the Roma genocide in the context of the widespread violence of the Second World War, while offering an explanation that places it within a broader trajectory of anti-Roma persecution in modern societies.The book explores the separation and destruction of families, the sterilisation of adults and children, the plunder of property and deprivation of livelihoods, slave labour, medical experiments, the horror of extermination camps and the mass murder that the Romani people were subjected to. María Sierra uses the first section of the book to provide a much-needed critical overview and synthesis of the fragmented research and scholarship in the area that has been conducted in various languages. In the second section, Sierra shines a light the autobiographical accounts of several Roma survivors of the Nazi genocide in order for the voices of the victims who have claimed recognition and rights for the Roma people to be heard. This journey through the memories of Philomena Franz, Ceija Stojka, Lily Van Angeren, Otto Rosenberg, Walter Winter and Ewald Hanstein, in addition to other testimonies, is contextualized within the framework of other Holocaust survivors' memoirs and has been approached from a history of emotions perspective.With the Romani people having been denied recognition as victims of Nazism after the end of the war, this book crucially helps to bring about agency for the survivors, supporting their struggle for the right to memory in the process.
The Routledge Companion to Indian Ethics: Women, Justice, Bioethics and Ecology
by Purushottama Bilimoria Amy RaynerThis companion volume focuses on the application and practical ramifications of Indian ethics. Here Indian dharma ethics is moved from its preeminent religious origins and classical metaethical proclivity to, what Kant would call, practical reason – or in Aristotle’s poignant terms, ēhikos and phronēis –and in more modern parlance normative ethics. Our study examines a wide range of social and normative challenges facing people in such diverse areas as women’s rights, infant ethics, politics, law, justice, bioethics and ecology. As a contemporary volume, it builds linkages between existing theories and emerging moral issues, problems and questions in today’s India in the global arena. The volume brings together contributions from some 40 philosophers and contemporary thinkers on practical ethics, exploring both the scope and boundaries or limits of ethics as applied to everyday and real-life concerns and socio-economic challenges facing India in the context of a troubled globalizing world. As such, this collection draws on multiple forms of writing and research, including narrative ethics, interviews, critical case studies and textual analyses.The book will be of interest to scholars, researchers and students of Indian philosophy, Indian ethics, women and infant issues, social justice, environmental ethics, bioethics, animal ethics and cross-cultural responses to dominant Western moral thought. It will also be useful to researchers working on the intersection of Gandhi, sustainability, ecology, theology, feminism, comparative philosophy and dharma studies.
The Routledge Companion to Indian Ethics: Women, Justice, Bioethics and Ecology
by Purushottama Bilimoria Amy RaynerThis companion volume focuses on the application and practical ramifications of Indian ethics. Here Indian dharma ethics is moved from its preeminent religious origins and classical metaethical proclivity to, what Kant would call, practical reason – or in Aristotle’s poignant terms, ēhikos and phronēis –and in more modern parlance normative ethics. Our study examines a wide range of social and normative challenges facing people in such diverse areas as women’s rights, infant ethics, politics, law, justice, bioethics and ecology. As a contemporary volume, it builds linkages between existing theories and emerging moral issues, problems and questions in today’s India in the global arena. The volume brings together contributions from some 40 philosophers and contemporary thinkers on practical ethics, exploring both the scope and boundaries or limits of ethics as applied to everyday and real-life concerns and socio-economic challenges facing India in the context of a troubled globalizing world. As such, this collection draws on multiple forms of writing and research, including narrative ethics, interviews, critical case studies and textual analyses.The book will be of interest to scholars, researchers and students of Indian philosophy, Indian ethics, women and infant issues, social justice, environmental ethics, bioethics, animal ethics and cross-cultural responses to dominant Western moral thought. It will also be useful to researchers working on the intersection of Gandhi, sustainability, ecology, theology, feminism, comparative philosophy and dharma studies.
The Routledge Companion to John Wesley (Routledge Religion Companions)
The Routledge Companion to John Wesley provides an overview of the work and ideas of one of the principal founders of Methodism, John Wesley (1703-91). Wesley remains highly influential, especially within the worldwide Methodist movement of some eighty million people. As a preacher and religious reformer his efforts led to the rise of a global Protestant movement, but the wide-ranging topics addressed in his writings also suggest a mind steeped in the intellectual developments of the North Atlantic, early modern world. His numerous publications cover not only theology but ethics, history, aesthetics, politics, human rights, health and wellbeing, cosmology and ecology. This volume places Wesley within his eighteenth-century context, analyzes his contribution to thought across his multiple interests, and assesses his continuing relevance today. It contains essays by an international team of scholars, drawn from within the Methodist tradition and beyond. This is a valuable reference particularly for scholars of Methodist Studies, theology, church history and religious history.
The Routledge Companion to John Wesley (Routledge Religion Companions)
by Clive Murray Norris Joseph W. CunninghamThe Routledge Companion to John Wesley provides an overview of the work and ideas of one of the principal founders of Methodism, John Wesley (1703-91). Wesley remains highly influential, especially within the worldwide Methodist movement of some eighty million people. As a preacher and religious reformer his efforts led to the rise of a global Protestant movement, but the wide-ranging topics addressed in his writings also suggest a mind steeped in the intellectual developments of the North Atlantic, early modern world. His numerous publications cover not only theology but ethics, history, aesthetics, politics, human rights, health and wellbeing, cosmology and ecology. This volume places Wesley within his eighteenth-century context, analyzes his contribution to thought across his multiple interests, and assesses his continuing relevance today. It contains essays by an international team of scholars, drawn from within the Methodist tradition and beyond. This is a valuable reference particularly for scholars of Methodist Studies, theology, church history and religious history.
The Routledge Handbook for Global South Studies on Subjectivities (Transdisciplinary Souths)
The Routledge Handbook for Global South Studies on Subjectivities provides a series of exemplary studies conjoining perspectives from Asian, African, and Latin American Studies on subjectivity in the Global South as a central category of social and cultural analysis. The contestation of the Northern myth of the autonomous subject—the dispositive that contests subject formation in the South by describing it as fragmented, incomplete, delayed or simply deviant, has been a cornerstone of theory production from the South over the years.This volume’s contributions offer an interdisciplinary and transarea dialogue, reframing issues of selfhood and alterity, of personhood, of the human, of the commons and contesting the North’s presumption in determining what kind of subjectivities abide by its norms, whose voices are heard, who is recognised as a subject, and, by extension, whose lives matter. In the context of the shifting dynamics of today’s manifold crises, they raise questions regarding how subjectivities act on or resist such forms of contestation, contingency, and indeterminacy.A major contribution to the growing body of scholarship on the Global South, this handbook will be an essential resource for students, scholars, researchers and instructors in literature, media and culture studies, sociology, anthropology, philosophy, law, politics, visual arts and art history.
The Routledge Handbook for Global South Studies on Subjectivities (Transdisciplinary Souths)
by Sebastian Thies Susanne Goumegou Georgina CebeyThe Routledge Handbook for Global South Studies on Subjectivities provides a series of exemplary studies conjoining perspectives from Asian, African, and Latin American Studies on subjectivity in the Global South as a central category of social and cultural analysis. The contestation of the Northern myth of the autonomous subject—the dispositive that contests subject formation in the South by describing it as fragmented, incomplete, delayed or simply deviant, has been a cornerstone of theory production from the South over the years.This volume’s contributions offer an interdisciplinary and transarea dialogue, reframing issues of selfhood and alterity, of personhood, of the human, of the commons and contesting the North’s presumption in determining what kind of subjectivities abide by its norms, whose voices are heard, who is recognised as a subject, and, by extension, whose lives matter. In the context of the shifting dynamics of today’s manifold crises, they raise questions regarding how subjectivities act on or resist such forms of contestation, contingency, and indeterminacy.A major contribution to the growing body of scholarship on the Global South, this handbook will be an essential resource for students, scholars, researchers and instructors in literature, media and culture studies, sociology, anthropology, philosophy, law, politics, visual arts and art history.
The Routledge Handbook of Applied Climate Change Ethics (Routledge Handbooks in Applied Ethics)
The Routledge Handbook of Applied Climate Change Ethics is a powerful reference source for the identification and exploration of the underlying ethical issues in climate change law and policy. Bridging theory with practice, it takes ethical engagement out of the classroom and into the halls of governance. The Handbook‘s 39 chapters--written by a diverse and inter-disciplinary team of experts from around the world--are case studies divided into five parts. Parts I-IV highlight the ethical issues that arise in climate change policy formation, from duties not to harm to duties to consider the views and voices of those who will be, or are being, harmed; from the role of human rights, justice, and democracy to how to identify and respond to disinformation and denialism. It also raises the ethics of various policy responses, such as cap-and-trade, carbon taxing, and geo-engineering. Part V offers a way forward, with strategies on how to expressly consider ethics in climate change policy formation, from negotiations to education, media, communication, and the power and potential of shaming. The volume is essential reading for students, professors, and practitioners who wish to better engage with government and non-government organizations on climate policy, to better understand the practical application of the theory and philosophy of ethics, and how to more strongly draft and defend ethical action in negotiating, drafting, and defending climate change law and policy.
The Routledge Handbook of Applied Climate Change Ethics (Routledge Handbooks in Applied Ethics)
by Donald A. Brown Kathryn Gwiazdon Laura WestraThe Routledge Handbook of Applied Climate Change Ethics is a powerful reference source for the identification and exploration of the underlying ethical issues in climate change law and policy. Bridging theory with practice, it takes ethical engagement out of the classroom and into the halls of governance. The Handbook‘s 39 chapters--written by a diverse and inter-disciplinary team of experts from around the world--are case studies divided into five parts. Parts I-IV highlight the ethical issues that arise in climate change policy formation, from duties not to harm to duties to consider the views and voices of those who will be, or are being, harmed; from the role of human rights, justice, and democracy to how to identify and respond to disinformation and denialism. It also raises the ethics of various policy responses, such as cap-and-trade, carbon taxing, and geo-engineering. Part V offers a way forward, with strategies on how to expressly consider ethics in climate change policy formation, from negotiations to education, media, communication, and the power and potential of shaming. The volume is essential reading for students, professors, and practitioners who wish to better engage with government and non-government organizations on climate policy, to better understand the practical application of the theory and philosophy of ethics, and how to more strongly draft and defend ethical action in negotiating, drafting, and defending climate change law and policy.
Routledge Handbook of Commercial Space Law (Routledge Handbooks in Law)
by Lesley Jane Smith Ingo Baumann Susan-Gale WintermuthThe Routledge Handbook of Commercial Space Law provides a definitive survey of the transitions and adjustments across the stakeholder community contributing to outer space activities. The interaction between NewSpace, traditional aerospace industrials, and non-traditional space-related technologies is driving market changes which will affect state practice in what has until now been a government dominated market. Greater private commercial participation will lead to new economic approaches to risk-sharing models driven by a space services dominated market. This handbook is a detailed reference source of original articles which analyse and critically evaluate the scope of the current paradigm change, and explain why space contracts and risk apportionment as currently known will change in tune with ongoing market transitions. Reference is made to the scope of best practices across various leading states involved in space activities. With contributions from a selection of highly regarded and leading scholars and practitioners in the Commercial Space Law field, and the inclusion of salient documents, regulatory and contractual documents, the Routledge Handbook of Commercial Space Law is an essential resource for students, scholars, and practitioners who are interested in the field of Commercial Space Law.
Routledge Handbook of Commercial Space Law (Routledge Handbooks in Law)
by Lesley Jane Smith, Ingo Baumann, and Susan-Gale WintermuthThe Routledge Handbook of Commercial Space Law provides a definitive survey of the transitions and adjustments across the stakeholder community contributing to outer space activities. The interaction between NewSpace, traditional aerospace industrials, and non-traditional space-related technologies is driving market changes which will affect state practice in what has until now been a government dominated market. Greater private commercial participation will lead to new economic approaches to risk-sharing models driven by a space services dominated market. This handbook is a detailed reference source of original articles which analyse and critically evaluate the scope of the current paradigm change, and explain why space contracts and risk apportionment as currently known will change in tune with ongoing market transitions. Reference is made to the scope of best practices across various leading states involved in space activities. With contributions from a selection of highly regarded and leading scholars and practitioners in the Commercial Space Law field, and the inclusion of salient documents, regulatory and contractual documents, the Routledge Handbook of Commercial Space Law is an essential resource for students, scholars, and practitioners who are interested in the field of Commercial Space Law.
The Routledge Handbook of Cultural Legal Studies
by Karen Crawley Thomas Giddens Timothy D PetersThis handbook provides a comprehensive introduction to the cutting-edge field of cultural legal studies.Cultural legal studies is at the forefront of the legal discipline, questioning not only doctrine or social context, but how the concerns of legality are distributed and encountered through a range of material forms. Growing out of the interdisciplinary turn in critical legal studies and jurisprudence that took place in the latter quarter of the 20th century, cultural legal studies exists at the intersection of a range of traditional disciplinary areas: legal studies, cultural studies, literary studies, jurisprudence, media studies, critical theory, history, and philosophy. It is an area of study that is characterised by an expanded or open-ended conception of what ‘counts’ as a legal source, and that is concerned with questions of authority, legitimacy, and interpretation across a wide range of cultural artefacts. Including a mixture of established and new authors in the area, this handbook brings together a complex set of perspectives that are representative of the current field, but which also address its methods, assumptions, limitations, and possible futures.Establishing the significance of the cultural for understanding law, as well as its importance as a potential site for justice, community, and sociality in the world today, this handbook is a key reference point both for those working in the cultural legal context – in legal theory, law and literature, law and film/television, law and aesthetics, cultural studies, and the humanities generally – as well as others interested in the interactions between authority, culture, and meaning.
The Routledge Handbook of Cultural Legal Studies
This handbook provides a comprehensive introduction to the cutting-edge field of cultural legal studies.Cultural legal studies is at the forefront of the legal discipline, questioning not only doctrine or social context, but how the concerns of legality are distributed and encountered through a range of material forms. Growing out of the interdisciplinary turn in critical legal studies and jurisprudence that took place in the latter quarter of the 20th century, cultural legal studies exists at the intersection of a range of traditional disciplinary areas: legal studies, cultural studies, literary studies, jurisprudence, media studies, critical theory, history, and philosophy. It is an area of study that is characterised by an expanded or open-ended conception of what ‘counts’ as a legal source, and that is concerned with questions of authority, legitimacy, and interpretation across a wide range of cultural artefacts. Including a mixture of established and new authors in the area, this handbook brings together a complex set of perspectives that are representative of the current field, but which also address its methods, assumptions, limitations, and possible futures.Establishing the significance of the cultural for understanding law, as well as its importance as a potential site for justice, community, and sociality in the world today, this handbook is a key reference point both for those working in the cultural legal context – in legal theory, law and literature, law and film/television, law and aesthetics, cultural studies, and the humanities generally – as well as others interested in the interactions between authority, culture, and meaning.
The Routledge Handbook of Heritage and the Law (Routledge Handbooks on Museums, Galleries and Heritage)
by Lucas Lixinski Lucie K. MorissetThe Routledge Handbook of Heritage and the Law sheds light on the relationship between the two fields and analyses how the law shapes heritage and heritage practice in both expected and unexpected ways.Including contributions from 41 authors working across a range of jurisdictions, the volume analyses the law as a transnational phenomenon and uses international and comparative legal methodologies to distil lessons for broad application. Demonstrating that the law is fundamentally a language of power and contestation, the Handbook shows how this impacts our views of heritage. It also shows that, to understand the ways in which the law impacts key aspects of heritage practice, it is important to tap into the possibilities of heritage as points of convergence of identity, struggles over resources, and the distribution of power. Framing heritage as a driver for legal engagement rather than a passive regulatory object, the book first reviews the legal fields or mechanisms that can shape action in the heritage field, then questions how these enable authority and give power to those who seize heritage, and finally envisions how the discussion between heritage and the law can lay new grounds in both those fields. Lifting the mists that often render the law opaque in heritage studies, the Handbook showcases the law as a medium through which the culture and the power of heritage are expressed and might be shared.The Routledge Handbook of Heritage and the Law presents a view of the law that is aimed at those who wish to reflect on how law has changed, or could change, what heritage is and how it can support social, cultural, local, or other development. It will be of interest to scholars, students, policymakers, and practitioners working in the areas of museum studies, heritage studies, and urban studies, as well as in cultural intervention and planning.
The Routledge Handbook of Heritage and the Law (Routledge Handbooks on Museums, Galleries and Heritage)
The Routledge Handbook of Heritage and the Law sheds light on the relationship between the two fields and analyses how the law shapes heritage and heritage practice in both expected and unexpected ways.Including contributions from 41 authors working across a range of jurisdictions, the volume analyses the law as a transnational phenomenon and uses international and comparative legal methodologies to distil lessons for broad application. Demonstrating that the law is fundamentally a language of power and contestation, the Handbook shows how this impacts our views of heritage. It also shows that, to understand the ways in which the law impacts key aspects of heritage practice, it is important to tap into the possibilities of heritage as points of convergence of identity, struggles over resources, and the distribution of power. Framing heritage as a driver for legal engagement rather than a passive regulatory object, the book first reviews the legal fields or mechanisms that can shape action in the heritage field, then questions how these enable authority and give power to those who seize heritage, and finally envisions how the discussion between heritage and the law can lay new grounds in both those fields. Lifting the mists that often render the law opaque in heritage studies, the Handbook showcases the law as a medium through which the culture and the power of heritage are expressed and might be shared.The Routledge Handbook of Heritage and the Law presents a view of the law that is aimed at those who wish to reflect on how law has changed, or could change, what heritage is and how it can support social, cultural, local, or other development. It will be of interest to scholars, students, policymakers, and practitioners working in the areas of museum studies, heritage studies, and urban studies, as well as in cultural intervention and planning.