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Books > Law > Laws of other jurisdictions & general law > Social law > General

Cyber Frauds, Scams and their Victims (Hardcover): Mark Button, Cassandra Cross Cyber Frauds, Scams and their Victims (Hardcover)
Mark Button, Cassandra Cross
R4,148 Discovery Miles 41 480 Ships in 12 - 17 working days

Crime is undergoing a metamorphosis. The online technological revolution has created new opportunities for a wide variety of crimes which can be perpetrated on an industrial scale, and crimes traditionally committed in an offline environment are increasingly being transitioned to an online environment. This book takes a case study-based approach to exploring the types, perpetrators and victims of cyber frauds. Topics covered include: An in-depth breakdown of the most common types of cyber fraud and scams. The victim selection techniques and perpetration strategies of fraudsters. An exploration of the impact of fraud upon victims and best practice examples of support systems for victims. Current approaches for policing, punishing and preventing cyber frauds and scams. This book argues for a greater need to understand and respond to cyber fraud and scams in a more effective and victim-centred manner. It explores the victim-blaming discourse, before moving on to examine the structures of support in place to assist victims, noting some of the interesting initiatives from around the world and the emerging strategies to counter this problem. This book is essential reading for students and researchers engaged in cyber crime, victimology and international fraud.

The Neurobiology of Criminal Behavior - Gene-Brain-Culture Interaction (Paperback): Anthony Walsh, Jonathan D. Bolen The Neurobiology of Criminal Behavior - Gene-Brain-Culture Interaction (Paperback)
Anthony Walsh, Jonathan D. Bolen
R1,590 Discovery Miles 15 900 Ships in 12 - 17 working days

The main feature of this work is that it explores criminal behavior from all aspects of Tinbergen's Four Questions. Rather than focusing on a single theoretical point of view, this book examines the neurobiology of crime from a biosocial perspective. It suggests that it is necessary to understand some genetics and neuroscience in order to appreciate and apply relevant concepts to criminological issues. Presenting up-to-date information on the circuitry of the brain, the authors explore and examine a variety of characteristics, traits and behavioral syndromes related to criminal behavior such as ADHD, intelligence, gender, the age-crime curve, schizophrenia, psychopathy, violence and substance abuse. This book brings together the sociological tradition with the latest knowledge the neurosciences have to offer and conveys biological information in an accessible and understanding way. It will be of interest to scholars in the field and to professional criminologists.

Controversies in Tax Law - A Matter of Perspective (Paperback): Anthony C. Infanti Controversies in Tax Law - A Matter of Perspective (Paperback)
Anthony C. Infanti
R1,478 Discovery Miles 14 780 Ships in 12 - 17 working days

This volume addresses the central tension in debates between 'mainstream' and 'critical' tax theorists which reflects a clash of perspectives: is taxation primarily a matter of social science or of social justice? Should tax policy debates be grounded in economics or in critical race, feminist, queer, and other outsider perspectives? With contributions from leading mainstream and critical tax scholars, this volume takes the first step toward bridging the gap between these differing perspectives on tax law and policy.

Law Against Genocide - Cosmopolitan Trials (Hardcover): David Hirsh Law Against Genocide - Cosmopolitan Trials (Hardcover)
David Hirsh
R4,134 Discovery Miles 41 340 Ships in 12 - 17 working days

Bringing a sociologist's insight to legal institutions and narratives, this book is an innovative and timely sociological contribution to current concerns regarding critical cosmopolitanism, human rights and crimes against humanity.

Violence Against Women in Legally Plural settings - Experiences and Lessons from the Andes (Paperback): Anna  Barrera Violence Against Women in Legally Plural settings - Experiences and Lessons from the Andes (Paperback)
Anna Barrera
R1,541 Discovery Miles 15 410 Ships in 12 - 17 working days

This book addresses a growing area of concern for scholars and development practitioners: discriminatory gender norms in legally plural settings. Focusing specifically on indigenous women, this book analyses how they, often in alliance with supporters and allies, have sought to improve their access to justice. Development practitioners working in the field of access to justice have tended to conceive indigenous legal systems as either inherently incompatible with women's rights or, alternatively, they have emphasised customary law's advantageous features, such as its greater accessibility, familiarity and effectiveness. Against this background - and based on a comparison of six thus far underexplored initiatives of legal and institutional change in Ecuador, Peru, and Bolivia - Anna Barrera Vivero provides a more nuanced, ethnographic, understanding of how women navigate through context-specific constellations of interlegality in their search for justice. In so doing, moreover, her account of ongoing political debates and local struggles for gender justice grounds the elaboration of a comprehensive conceptual framework for understanding the legally plural dynamics involved in the contestation of discriminatory gender norms.

Principal Leadership for Racial Equity - A Field Guide for Developing Race Consciousness (Paperback): Candace Raskin, Melissa... Principal Leadership for Racial Equity - A Field Guide for Developing Race Consciousness (Paperback)
Candace Raskin, Melissa Krull, Antonia J. Felix
R850 Discovery Miles 8 500 Ships in 12 - 17 working days

Enhance your capacity for antiracist leadership! The COVID 19 pandemic has illuminated deep-seated structural inequities in our schools and across society. More than ever, education leaders are being challenged to take action to disrupt the institutional racism that undergirds many of our longstanding policies and practices. Our students are challenging us to step up and be antiracists who commit to the uncompromising belief all children can learn and deserve an exceptional education. Based on 10 years of work leading the Institute for Courageous Principal Leadership, this book guides leaders to expanding their racial consciousness through self-reflection and provides the tools they need to counter implicit bias and respond to resistance. Grounded in research, but written in practitioner-friendly language, this book: * Focuses on systemic leadership and institutional failures as the source of predictable student outcomes * Leverages research and theory to create a process for principals to build racially equitable practices * Navigates the politics of leadership without compromising student achievement The practical lessons and strategies in this book will equip you with the skills to implement the leadership and actions that must be taken to confront the reality of systemic racism in education and transform schools into learning environments with a student-centered commitment to high achievement for every learner.

Law and the Philosophy of Privacy (Paperback): Janice Richardson Law and the Philosophy of Privacy (Paperback)
Janice Richardson
R1,410 Discovery Miles 14 100 Ships in 12 - 17 working days

Situating privacy within the context of political philosophy, this book highlights the way in which struggles concerning the meaning of privacy have always been political. Different conceptions of privacy are here shown to involve diverse assumptions about ontology: our conceptions of self, culture, society and communication. Privacy theory's debt to Locke, Kant or Mill, and what is at stake in their conceptual frameworks, is examined. The extent to which the term "privacy" has been used to the detriment of - and to create - weaker parties in marriage, in the workplace and now as citizens (or non-citizens) and consumers, as well as employees, is also demonstrated. In contrast, Janice Richardson pursues the relevance of Floridi's philosophy of information, before turning to her application of Spinoza, the philosopher of communication, in order to outline a more useful framework through which to think about privacy today. The book will be of interest to those working in political philosophy, feminist philosophy, law, the philosophy of information, sociology, media, and cultural studies.

The Contemporary Relevance of Carl Schmitt - Law, Politics, Theology (Paperback): Matilda Arvidsson, Leila Brannstroem, Panu... The Contemporary Relevance of Carl Schmitt - Law, Politics, Theology (Paperback)
Matilda Arvidsson, Leila Brannstroem, Panu Minkkinen
R1,412 Discovery Miles 14 120 Ships in 12 - 17 working days

What does Carl Schmitt have to offer to ongoing debates about sovereignty, globalization, spatiality, the nature of the political, and political theology? Can Schmitt's positions and concepts offer insights that might help us understand our concrete present-day situation? Works on Schmitt usually limit themselves to historically isolating Schmitt into his Weimar or post-Weimar context, to reading him together with classics of political and legal philosophy, or to focusing exclusively on a particular aspect of Schmitt's writings. Bringing together an international, and interdisciplinary, range of contributors, this book explores the question of Schmitt's relevance for an understanding of the contemporary world. Engaging the background and intellectual context in which Schmitt wrote his major works - often with reference to both primary and secondary literature unavailable in English - this book will be of enormous interest to legal and political theorists.

Rights, Religious Pluralism and the Recognition of Difference - Off the Scales of Justice (Paperback): Dorota Anna Gozdecka Rights, Religious Pluralism and the Recognition of Difference - Off the Scales of Justice (Paperback)
Dorota Anna Gozdecka
R1,046 Discovery Miles 10 460 Ships in 12 - 17 working days

Human rights and their principles of interpretation are the leading legal paradigms of our time. Freedom of religion occupies a pivotal position in rights discourses, and the principles supporting its interpretation receive increasing attention from courts and legislative bodies. This book critically evaluates religious pluralism as an emerging legal principle arising from attempts to define the boundaries of freedom of religion. It examines religious pluralism as an underlying aspect of different human rights regimes and constitutional traditions. It is, however, the static and liberal shape religious pluralism has assumed that is taken up critically here. In order to address how difference is vulnerable to elimination, rather than recognition, the book takes up a contemporary ethics of alterity. More generally, and through its reconstruction of a more difference-friendly vision of religious pluralism, it tackles the problem of the role of rights in the era of diverse narratives of emancipation.

Development-induced Displacement, Rehabilitation and Resettlement in India - Current Issues and Challenges (Paperback):... Development-induced Displacement, Rehabilitation and Resettlement in India - Current Issues and Challenges (Paperback)
Sakarama Somayaji, Smrithi Talwar
R1,413 Discovery Miles 14 130 Ships in 12 - 17 working days

Compulsory land acquisition and involuntary displacement of communities for a larger public purpose captures the tension of development in the modern state, with the need to balance the interests of the majority while protecting the rights of the minority. In India, informal estimates of involuntary resettlement are estimated to be around 50 million people over the last five decades, and three-fourths of those displaced still face an uncertain future. Growing public concern over the long-term consequences of this has led to greater scrutiny of the rehabilitation and resettlement process, particularly for large development projects. This book examines a number of new policy formulations put in place at both the central and state levels, looking at land acquisition procedures and norms for rehabilitation and resettlement of communities. The book combines a theoretical analysis of the proposed regulatory framework with detailed case studies that examine the application of these norms in specific geographic contexts across the country. It brings together contributory analysis by some of the country's most engaged administrators, academics, and activists in the field, and is a useful contribution to Development Studies.

Regulating Charities - The Inside Story (Hardcover): Myles McGregor-Lowndes, Bob Wyatt Regulating Charities - The Inside Story (Hardcover)
Myles McGregor-Lowndes, Bob Wyatt
R4,591 Discovery Miles 45 910 Ships in 12 - 17 working days

In this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider's review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a 'warts and all' analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.

Religion and Legal Pluralism (Paperback): Russell Sandberg Religion and Legal Pluralism (Paperback)
Russell Sandberg
R1,412 Discovery Miles 14 120 Ships in 12 - 17 working days

In recent years, there have been a number of concerns about the recognition of religious laws and the existence of religious courts and tribunals. There has also been the growing literature on legal pluralism which seeks to understand how more than one legal system can and should exist within one social space. However, whilst a number of important theoretical works concerning legal pluralism in the context of cultural rights have been published, little has been published specifically on religion. Religion and Legal Pluralism explores the extent to which religious laws are already recognised by the state and the extent to which religious legal systems, such as Sharia law, should be accommodated.

The Ombudsman Enterprise and Administrative Justice (Paperback): Trevor Buck, Richard Kirkham, Brian Thompson The Ombudsman Enterprise and Administrative Justice (Paperback)
Trevor Buck, Richard Kirkham, Brian Thompson
R1,592 Discovery Miles 15 920 Ships in 12 - 17 working days

The statutory duty of public service ombudsmen (PSO) is to investigate claims of injustice caused by maladministration in the provision of public services. This book examines the modern role of the ombudsman within the overall emerging system of administrative justice and makes recommendations as to how PSO should optimize their potential within the wider administrative justice context. Recent developments are discussed and long standing questions that have yet to be adequately resolved in the ombudsman community are re-evaluated given broader changes in the administrative justice sector. The work balances theory and empirical research conducted in a number of common law countries. Although there has been much debate within the ombudsman community in recent years aimed at developing and improving the practice of ombudsmanry, this work represents a significant advance on current academic understanding of the discipline.

Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements (Hardcover): Brian Jones Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements (Hardcover)
Brian Jones
R4,448 Discovery Miles 44 480 Ships in 12 - 17 working days

Rarely do acts of civil disobedience come in such grand fashion as Taiwan's Sunflower Movement and Hong Kong's Umbrella Movement. The two protests came in regions and jurisdictions that many have underestimated as regards furthering notions of political speech, democratisation, and testing the limits of authority. This book breaks down these two movements and explores their complex legal and political significance. The collection brings together some of Asia's, and especially Taiwan and Hong Kong's, most prolific writers, many of whom are internationally recognised experts in their respective fields, to address the legal and political significance of both movements, including the complex questions they posed as regards democracy, rule of law, authority, and freedom of speech. Given that occupational type protests have become a prominent method for protesters to make their cases to both citizens and governments, exploring the legalities of these significant protests and establishing best practices will be important to future movements, wherever they may transpire. With this in mind, the book does not stop at implications for Taiwan and Hong Kong, but talks about its subject matter from a comparative, international perspective.

Affect and Legal Education - Emotion in Learning and Teaching the Law (Paperback): Caroline Maughan, Paul Maharg Affect and Legal Education - Emotion in Learning and Teaching the Law (Paperback)
Caroline Maughan, Paul Maharg
R1,714 Discovery Miles 17 140 Ships in 12 - 17 working days

The place of emotion in legal education is rarely discussed or analysed, and we do not have to seek far for the reasons. The difficulty of interdisciplinary research, the technicisation of legal education itself, the view that affect is irrational and antithetical to core western ideals of rationality - all this has made the subject of emotion in legal education invisible. Yet the educational literature on emotion proves how essential it is to student learning and to the professional lives of teachers. This text, the first full-length book study of the subject, seeks to make emotion a central topic of research for legal educators, and restore the power of emotion in our teaching and learning. Part 1 focuses on the contribution that neuroscience can make to legal learning, a theme that is carried through other chapters in the book. Part 2 explores the role of emotion in the working lives of academics and clinical staff, while Part 3 analyses the ways in which emotion can be used in learning and teaching. The book, interdisciplinary and wide-ranging in its reference, breaks new ground in its analysis of the educational lifeworld of situations, communities, actors and interactions in legal education.

Improving Health Care Safety and Quality - Reluctant Regulators (Paperback): Judith Healy Improving Health Care Safety and Quality - Reluctant Regulators (Paperback)
Judith Healy
R1,607 Discovery Miles 16 070 Ships in 12 - 17 working days

Responding to the public concern caused by recent hospital scandals and accounts of unintended harm to patients, this author draws on her experience of analysing the health care systems of over a dozen countries and examines whether greater regulation has increased patient safety and health care quality. The book adopts a new approach to mapping developments in health care systems in Europe, North America and Australia and pieces together evidence of which regulatory strategies and mechanisms work well to ensure safer patient care. It identifies the regulatory bodies, the regulatory principles and the implementation strategies adopted to improve governance in health care systems and suggests a conceptual framework for responsive regulation. The book will be of interest to government actors, health care professionals and medico-legal scholars.

Beyond Clinical Dehumanisation towards the Other in Community Mental Health Care - Levinas, Wonder and Autoethnography... Beyond Clinical Dehumanisation towards the Other in Community Mental Health Care - Levinas, Wonder and Autoethnography (Hardcover)
Catherine A. Racine
R4,431 Discovery Miles 44 310 Ships in 12 - 17 working days

Beyond Clinical Dehumanisation Toward the Other in Community Mental Health Care offers a rare and intimate portrayal of the moral process of a mental health clinician that interrogates the intractable problem of systemic dehumanisation in community mental health care and looks to the notion of "wonder" and the visionary relational ethics of Emmanuel Levinas for a possible cure. An interdisciplinary study with transdisciplinary aspirations, this book contributes an original and compelling voice to the emerging therapeutic conversation attempting to re-imagine and transcend the objectifying constraints of the dominant discourse and the reductive world view that drives it. Chapters bring into dialogue the fields of community mental health care, psychology, psychology and the Other, the philosophy of wonder, Levinasian ethics, clinical ethics, the moral research of autoethnography and the medical humanities, to consider the defilement of the vulnerable help seeker, the moral injury of the clinician and look for answers beyond. This book is an ethical primer for mental health professionals, researchers, educators, advocates and service users working to re-imagine and heal a broken system by challenging the underpinnings of entrenched dehumanisation and standing with those they "serve".

Contemporary Issues in Pharmaceutical Patent Law - Setting the Framework and Exploring Policy Options (Hardcover): Bryan... Contemporary Issues in Pharmaceutical Patent Law - Setting the Framework and Exploring Policy Options (Hardcover)
Bryan Mercurio, Daria Kim
R4,448 Discovery Miles 44 480 Ships in 12 - 17 working days

This collection reflects on contemporary and contentious issues in international rulemaking in regards to pharmaceutical patent law. With chapters from both well-established and rising scholars, the collection contributes to the understanding of the regulatory framework governing pharmaceutical patents as an integrated discipline through the assessment of relevant laws, trends and policy options. Focusing on patent law and related pharmaceutical regulations, the collection addresses the pressing issues governments face in an attempt to resolve policy dilemmas involving competing interests, needs and objectives. The common theme running throughout the collection is the need for policy and law makers to think and act in a systemic manner and to be more reflective and responsive in finding new solutions within and outside the patent system to the long-standing problems as well as emerging challenges

The Policing of Transnational Protest (Paperback): Abby Peterson The Policing of Transnational Protest (Paperback)
Abby Peterson; Edited by Donatella della Porta
R1,592 Discovery Miles 15 920 Ships in 12 - 17 working days

Having long been a neglected issue, the policing of protest began to attract considerable attention in the 1990s, climaxing in the events in Seattle of 1999. These protests and the changing political climate since September 11, 2001 mean that a new cycle of protest is challenging the concept of law and order and civil liberties. This book examines how new policing styles are developing using case studies from North America and Europe. The volume brings together researchers from a number of disciplines - sociology, criminology, political science and mass communication - who focus on new forms of political protest, policing and public order.

The Limits of Bodily Integrity - Abortion, Adultery, and Rape Legislation in Comparative Perspective (Paperback): Ruth A. Miller The Limits of Bodily Integrity - Abortion, Adultery, and Rape Legislation in Comparative Perspective (Paperback)
Ruth A. Miller
R1,705 Discovery Miles 17 050 Ships in 12 - 17 working days

This volume argues that legislation on abortion, adultery, and rape has been central to the formation of the modern citizen. The author draws on rights literature, bio-political scholarship, and a gender-studies perspective as a foundation for rethinking the sovereign relationship. In approaching the politicization of reproductive space from this direction, the study resituates the role of rights and rights-granting within the sovereign relationship. A second theme running throughout the book explores the international implications of these arguments and addresses the role of abortion, adultery and rape legislation in constructing 'civilizational' relationships. In focusing on the Ottoman Empire, Turkey, France and Italy as case studies, Miller presents a discussion of what 'Europe' is, and the role of sexuality and reproduction in defining it.

The Subject of Prostitution - Sex Work, Law and Social Theory (Paperback): Jane Scoular The Subject of Prostitution - Sex Work, Law and Social Theory (Paperback)
Jane Scoular
R1,705 Discovery Miles 17 050 Ships in 12 - 17 working days

The Subject of Prostitution offers a distinctive analysis of the links between prostitution and social theory in order to advance a critical analysis of the relationship of law to sex work. Using the lens of social theory to disrupt fixed meanings the book provides an advanced analytical framework through which to understand the complexity and contingencies of sex work in late modernity. The book analyses contemporary citizenship discourse and the law's ability to meet the competing demands of empowerment by sex workers and protection by radical feminists who view prostitution as the epitome of patriarchal sexual and economic relations. Its central focus is the role of law in both structuring and responding to the 'problem of prostitution'. By developing a distinctive constitutive approach to law, the author offers a more advanced analytical framework from which to understand how law matters in contemporary debates and also suggests how law could matter in more imaginative justice reforms. This is particularly pertinent in a period of unprecedented legal reform, both internationally and nationally, as legal norms simultaneously attempt to protect, empower and criminalise parties involved in the purchase of sexual services. The Subject of Prostitution aims to overcome the current aporia in these debates and suggest new ways to engage with the subject and law. As such, The Subject of Prostitution provides an advanced theoretical resource for policymakers, researchers and activists involved in contemporary struggles over the meanings and place of sex work in late modernity.

The Ashgate Handbook of Legal Translation (Paperback): Le Cheng, King Kui Sin The Ashgate Handbook of Legal Translation (Paperback)
Le Cheng, King Kui Sin
R1,727 Discovery Miles 17 270 Ships in 12 - 17 working days

This volume investigates advances in the field of legal translation both from a theoretical and practical perspective, with professional and academic insights from leading experts in the field. Part I of the collection focuses on the exploration of legal translatability from a theoretical angle. Covering fundamental issues such as equivalence in legal translation, approaches to legal translation and the interaction between judicial interpretation and legal translation, the authors offer contributions from philosophical, rhetorical, terminological and lexicographical perspectives. Part II focuses on the analysis of legal translation from a practical perspective among different jurisdictions such as China, the EU and Japan, offering multiple and pluralistic viewpoints. This book presents a collection of studies in legal translation which not only provide the latest international research findings among academics and practitioners, but also furnish us with a new approach to, and new insights into, the phenomena and nature of legal translation and legal transfer. The collection provides an invaluable reference for researchers, practitioners, academics and students specialising in law and legal translation, philosophy, sociology, linguistics and semiotics.

Stateless Law - Evolving Boundaries of a Discipline (Paperback): Helge Dedek, Shauna Van Praagh Stateless Law - Evolving Boundaries of a Discipline (Paperback)
Helge Dedek, Shauna Van Praagh
R1,592 Discovery Miles 15 920 Ships in 12 - 17 working days

This volume offers a critical analysis and illustration of the challenges and promises of 'stateless' law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the 'transnational challenge' posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.

Revisiting the Regulation of Human Fertilisation and Embryology (Paperback): Kirsty Horsey Revisiting the Regulation of Human Fertilisation and Embryology (Paperback)
Kirsty Horsey
R1,583 Discovery Miles 15 830 Ships in 12 - 17 working days

The Human Fertilisation and Embryology Act 2008 was a major update to the UK's laws on the use and regulation of reproductive technology and assisted reproduction. Since the enactment of the new law, the sector's regulatory body, the Human Fertilisation and Embryology Authority (HFEA), has also consulted on various related topics including barriers to egg and sperm donation in the UK, multiple births/single embryo transfer and using IVF technology to prevent mitochondrial disease. This book critically considers recent developments in human fertilisation legislation, asking whether the 2008 Act has achieved its stated aim of being fit for purpose. Bringing together a range of international experts, the book evaluates the fresh risks and challenges emerging from both established and existing technologies and techniques in the field of human fertilisation and embryology, as well as offering valuable insights into the social and regulatory challenges that lie ahead. Key topics include problems with DIY assisted conception; the lack of reform in respect of the regulation of surrogacy arrangements; and mitochondrial DNA transfer. As a review of the status of assisted reproduction legislation, this book will be of great use and interest to students, researchers and practitioners in medical law, bioethics, medicine and child welfare.

Dissidents of Law - On the 1989 velvet revolutions, legitimations, fictions of legality and contemporary version of the social... Dissidents of Law - On the 1989 velvet revolutions, legitimations, fictions of legality and contemporary version of the social contract (Paperback)
Jiri Priban
R993 Discovery Miles 9 930 Ships in 12 - 17 working days

This title was first published in 2003:The problem of legitimacy and legality is one of the key issues of modern thought and nowhere more intensely debated than in the countries of the former Soviet bloc. Under the communist system, symbols of modern government had been supplemented and changed in order to serve the totalitarian domination of the Party and all spheres of life, including law, were subsumed within this framework of ideological legitimation. Following the anti-communist revolutions of 1989, former communist societies started the historically unprecedented process of transformation from the totalitarian into liberal democratic society, a transformation which has produced much soul-searching and heated debate. In this book, the author sets out to prove that concern with legitimacy belongs neither exclusively to the legal system nor to a political system separated and distanced from the legal system. The topic of legitimacy and legitimation is inseparable from legality and every legitimation eventually looks for its transformation into legal legitimacy. At the same time, the author claims, legitimacy is not an issue internal to law, for it emerges rather from the tension and difference between positive law and its social environment. The author uses different theoretical approaches to the problem of legitimation, mainly the social systems and post-structural theories. Another important topic analyzed in this book is the role of legal theory in analysis of the legitimacy of legal rational political domination, specifically as it arises in the development of the legal and political systems of post-communist societies. This leads to the main argument of the book, which might be summarised as a new understanding of the social contract: that the social contract requires that the legitimacy of any system of law and political domination must be constantly re-negotiated. This process is the unconditional responsibility of those living, or wishing to live, under the contemporary liberal democratic rule of law. The extraordinary force of this responsibility is manifested principally in the strategy of dissent.

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