Beyond Law in Context - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Beyond Law in Context write by David Nelken. This book was released on 2017-09-08. Beyond Law in Context available in PDF, EPUB and Kindle. This intriguing collection of essays by David Nelken examines the relationship between law, society and social theory and the various ideas social theorists have had about the actual and ideal 'fit' between law and its social context. It also asks how far it is possible to get beyond this mainstream paradigm. The value of social theorising for studying law is illustrated by specific developments in substantive areas such as housing law, tort law, the law of evidence and criminal law. Throughout the chapters the focus is on the following questions. What is gained (and what may be lost) by putting law in context? What attempts have been made to go beyond this approach? What are their (necessary) limits? Can law be seen as anything other than in some way both separate from and relating to 'the social'? The distinctiveness of this approach lies in its effort to keep in tension two claims. Firstly, that social theorising about legal practices is vitally important for understanding the connections between legal and social structures and revealing what law means and does for (and to) various social actors. The second point is that it does not follow that what we learn in this way can be assumed to be necessarily relevant to (re)shaping legal practices without further argument that pays heed to law's specificity.
International Criminal Law in Context
International Criminal Law in Context - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook International Criminal Law in Context write by Philipp Kastner. This book was released on 2017-10-20. International Criminal Law in Context available in PDF, EPUB and Kindle. International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.
General Jurisprudence
General Jurisprudence - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook General Jurisprudence write by William Twining. This book was released on 2009-02-12. General Jurisprudence available in PDF, EPUB and Kindle. This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law and legal theory. Its central thesis is that most processes of so-called 'globalisation' take place at sub-global levels and that a healthy cosmopolitan discipline of law should encompass all levels of social relations and the legal ordering of these relations. It illustrates how the mainstream Western canon of jurisprudence needs to be critically reviewed and extended to take account of other legal traditions and cultures. Written by the one of the foremost scholars in the field, this important work presents an exciting alternative vision of jurisprudence. It challenges the traditional canon of legal theorists and guides the reader through a field undergoing seismic changes in the era of globalisation. This is essential reading for all students of jurisprudence and legal theory.
Roman Law in Context
Roman Law in Context - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Roman Law in Context write by David Johnston. This book was released on 1999-09-28. Roman Law in Context available in PDF, EPUB and Kindle. Roman Law in Context explains how Roman law worked for those who lived by it, by viewing it in the light of the society and economy in which it operated. The book discusses three main areas of Roman law and life: the family and inheritance; property and the use of land; commercial transactions and the management of businesses. It also deals with the question of litigation and how readily the Roman citizen could assert his or her legal rights in practice. In addition it provides an introduction to using the main sources of Roman law. The book ends with an epilogue discussing the role of Roman law in medieval and modern Europe, a bibliographical essay, and a glossary of legal terms. The book involves the minimum of legal technicality and is intended to be accessible to students and teachers of Roman history as well as interested general readers.
The Spaces of Mental Capacity Law
The Spaces of Mental Capacity Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Spaces of Mental Capacity Law write by Beverley Clough. This book was released on 2021-10-21. The Spaces of Mental Capacity Law available in PDF, EPUB and Kindle. This book explores the conceptual spaces and socio-legal context which mental capacity laws inhabit. It will be seen that these norms are created and reproduced through the binaries that pervade mental capacity laws in liberal legal jurisdictions- such as capacity/incapacity; autonomy/paternalism; empowerment/protection; carer/cared-for; disabled/non-disabled; public/private. Whilst on one level the book demonstrates the pervasive reach of laws questioning individuals mental capacity, within and beyond the medical context which it is most commonly associated with, at a deeper and perhaps more important level it challenges the underlying norms and assumptions underpinning the very idea of mental capacity, and reflects outwards on the transformative potential of these realisations for other areas of law. In doing so, whilst the book offers lessons for mental capacity law scholarship in terms of reform efforts at both domestic and internationals levels, it also offers ways to develop our understandings of a range of linked legal, policy and theoretical concepts. In so doing, it offers new critical vantage points for both legal critique and conceptual change beyond mental capacity law. The book will be of interest to researchers in mental capacity law, disability law and socio-legal studies as well as critical geographers and disability studies scholars.
