Rules of Law and Laws of Ruling

Author: Franz von Benda-Beckmann
Publisher: Routledge
ISBN: 1317060938
Format: PDF, Mobi
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Offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, Rules of Law and Laws of Ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.

Gender Justice and Legal Pluralities

Author: Rachel Sieder
Publisher: Routledge
ISBN: 1136191577
Format: PDF, ePub
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Gender Justice and Legal Pluralities: Latin American and African Perspectives examines the relationship between legal pluralities and the prospects for greater gender justice in developing countries. Rather than asking whether legal pluralities are ‘good’ or ‘bad’ for women, the starting point of this volume is that legal pluralities are a social fact. Adopting a more anthropological approach to the issues of gender justice and women’s rights, it analyzes how gendered rights claims are made and responded to within a range of different cultural, social, economic and political contexts. By examining the different ways in which legal norms, instruments and discourses are being used to challenge or reinforce gendered forms of exclusion, contributing authors generate new knowledge about the dynamics at play between the contemporary contexts of legal pluralities and the struggles for gender justice. Any consideration of this relationship must, it is concluded, be located within a broader, historically informed analysis of regimes of governance.

The Chinese Road of the Rule of Law

Author: Lin Li
Publisher: Springer
ISBN: 9811089655
Format: PDF, ePub, Mobi
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This book studies the practical experience and theoretical development of rule of law in China, and provides fundamental theory for the construction of rule of law in contemporary China. The author examines the rule of law by exploring the entire legal system, and highlighting various aspects including the legislation, law enforcement and supervision systems. Readers will also discover the author’s strong opinions on scientific legislation, legal government, judicial reform, and the culture of rule of law. This highly readable book will appeal to both general readers and researchers interested in rule of law in China.

Law Justice and Power

Author: Sinkwan Cheng
Publisher: Stanford University Press
ISBN: 9780804748919
Format: PDF
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This volume provides different disciplinary and cultural perspectives on the ethical and political ramifications of the incommensurable yet inextricable relationships among law, justice, and power.

Administrative Law in Tanzania A Digest of Cases

Author: B. D. Chipeta
Publisher: African Books Collective
ISBN: 9987449506
Format: PDF
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Administrative law may best be defined by describing what it encompasses: it is that branch of law which deals with the individual versus governmental or administrative power. It covers court restraint of actions or inactions of public institutions, administrative processes of central and local government, parliamentary and subordinate legislat on and the means and procedures by which the rights of individuals are protected against abuse of power by public or local authorities, public corporations, tribunals and other bodies which discharge functions of public nature entrusted to them by law for the benefit of the citizen. It is hoped that this book will act as a wake-up call to all those who have been entrusted with the duty of making decisions affecting the rights of citizens to update themselves so as to discharge their duties correctly and in spirit of good governance. Administrative Law in Tanzania: A Digest of Cases covers high profile and landmark cases in topical areas of constitutional and administrative law from colonial days to present time, names, procedures in applying for prerogative remedies, constitutional principles and human rights, separation of powers between the Executive, the Legislature and the Judicature, natural justice and the rule of law, statutory ouster of jurisdiction of courts, and the right to legal representation.

Transitional Justice Judicial Accountability and the Rule of Law

Author: Hakeem O. Yusuf
Publisher: Routledge
ISBN: 1136971637
Format: PDF, ePub, Mobi
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Transitional Justice, Judicial Accountability and the Rule of Law addresses the importance of judicial accountability in transitional justice processes. Despite a general consensus that the judiciary plays an important role in contemporary governance, accountability for the judicial role in formerly authoritarian societies remains largely elided and under-researched. Hakeem O. Yusuf argues that the purview of transitional justice mechanisms should, as a matter of policy, be extended to scrutiny of the judicial role in the past. Through a critical comparative approach that cuts through the transitioning experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa, the book focuses specifically on Nigeria. It demonstrates that public accountability of the judiciary through the mechanism of a truth-seeking process is a necessary component in securing comprehensive accountability for the judicial role in the past. Transitional Justice, Judicial Accountability and the Rule of Law further shows that an across-the-board transformation of state institutions – an important aspiration of transitional processes – is virtually impossible without incorporating the third branch of government, the judiciary, into the accountability process.

Social Ecological Resilience and Law

Author: Ahjond S. Garmestani
Publisher: Columbia University Press
ISBN: 0231536356
Format: PDF, Docs
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Environmental law envisions ecological systems as existing in an equilibrium state, or a "balance of nature," reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past three decades, "resilience theory," which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has shown itself to be a robust and invaluable basis for sound environmental management. Reforming American law to account for this knowledge is key to transitioning to sustainability. This volume features top legal and resilience scholars speaking on resilience theory and its legal applications to climate change, biodiversity, national parks, and water law.

Mobilizing Bolivia s Displaced

Author: Nicole Fabricant
Publisher: UNC Press Books
ISBN: 0807837512
Format: PDF, ePub, Mobi
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The election of Evo Morales as Bolivia's president in 2005 made him his nation's first indigenous head of state, a watershed victory for social activists and Native peoples. El Movimiento Sin Tierra (MST), or the Landless Peasant Movement, played a significant role in bringing Morales to power. Following in the tradition of the well-known Brazilian Landless movement, Bolivia's MST activists seized unproductive land and built farming collectives as a means of resistance to large-scale export-oriented agriculture. In Mobilizing Bolivia's Displaced, Nicole Fabricant illustrates how landless peasants politicized indigeneity to shape grassroots land politics, reform the state, and secure human and cultural rights for Native peoples. Fabricant takes readers into the personal spaces of home and work, on long bus rides, and into meetings and newly built MST settlements to show how, in response to displacement, Indigenous identity is becoming ever more dynamic and adaptive. In addition to advancing this rich definition of indigeneity, she explores the ways in which Morales has found himself at odds with Indigenous activists and, in so doing, shows that Indigenous people have a far more complex relationship to Morales than is generally understood.

Governmental Illegitimacy in International Law

Author: Brad R. Roth
Publisher: Oxford University Press on Demand
ISBN: 9780199243013
Format: PDF, Kindle
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When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.

Private International Law and Global Governance

Author: Horatia Muir Watt
Publisher: Oxford University Press, USA
ISBN: 0198727623
Format: PDF, Kindle
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Taking a critical approach to private international law, this volume examines its function and role in an era of global governance. It asks if private international law has the potential to reassert itself as a significant governance function in respect of new forms of authority beyond the state, and how this might be done.