Reproductive choices are at once the most private and intimate decisions we make in our lives and undeniably also among the most public. Reproductive decision making takes place in a web of overlapping concerns - political and ideological, socio-economic, health and health care - all of which engage the public and involve strongly held opinions and attitudes about appropriate conduct on the part of individuals and the state. Law, Policy and Reproductive Autonomy examines the idea of reproductive autonomy, noting that in attempting to look closely at the contours of the concept, we begin to see some uncertainty about its meaning and legal implications - about how to understand reproductive autonomy and how to value it. Both mainstream and feminist literature about autonomy contribute valuable insights into the meaning and implications of reproductive autonomy. The developing feminist literature on relational autonomy provides a useful starting point for a contextualised conception of reproductive autonomy that creates the opportunity for meaningful exercise of reproductive choice. With a contextualised approach to reproductive autonomy as a backdrop, the book traces aspects of the regulation of reproduction in Canadian, English, US and Australian law and policy, arguing that not all reproductive decisions necessarily demand the same level of deference in law and policy, and making recommendations for reform.

The expression 'the criminal question' does not at present have much currency in English-language criminology. The term was carried across from Italian debates about the orientation of criminology, and in particular debates about what came to be called critical criminology. One definition offered early in the debate described it as 'an area constituted by actions, institutions, policies and discourses whose boundaries shift'. According to this writer, crime, and the cultural and symbolic significance carried by law and criminal justice, is an integral aspect of the criminal question. 'The criminal question' draws attention to the specific location and constitution of a given field of forces, and the themes, issues, dilemmas and debates that compose it. At the same time it enables connections to be made between these embedded realities and the wider, conceivably global, contours of influence and flows of power with which it connects. This in turn raises many questions. How far do the responses to crime and punishment internationally flow from and owe their contemporary shape to the cultural and economic transformations now widely known as 'globalisation'? How can something that is in significant ways embedded, situated, and locally produced also travel? What is not in doubt is that it does travel - and travel with serious consequences. The international circulation of discourses and practices has become a pressing issue for scholars who try to understand their operation in their own particular cultural contexts. This collection of essays seeks a constructive comparative view of these tendencies to convergence and divergence.

In Constitutional Orphan, Professor Paula Monopoli explores the significant role of former suffragists in the constitutional development of the Nineteenth Amendment the woman suffrage amendment ratified in 1920. She sheds new light on the connection between the suffragists as institutional actors in civil society and the emergence of a "thin" conception of the Nineteenth Amendment as a mere nondiscrimination in voting rule, rather than a robust equality norm. In this compelling legal history, Monopoli illuminates how the Nineteenth had implications for federalism, women's citizenship and the definition of equality, as well as how gender, race and class intersect to affect our constitutional development. Monopoli explores the choice by both the National Woman's Party and the National American Woman Suffrage Association to turn away from African American suffragists who were denied the vote even after ratification of the Nineteenth Amendment. Using original sources, legislative history and case analysis, she develops a persuasive theory connecting that moral and strategic failure to the emergence of a narrow interpretation of the amendment. Monopoli also evaluates the impact of class divisions among former suffragist allies. These divisions around support for the NWP's Equal Rights Amendment, found social feminists opposing that "blanket" amendment for fear of its impact on the constitutional validity of protective labor legislation for working-class women. Monopoli details how many state courts, left without federal enforcement legislation to guide them, used strict construction to cabin the emergence of a more robust interpretation of the Nineteenth Amendment, as a broad equality norm. She concludes with an examination of new legal scholarship that suggests ways in which such a robust understanding of the Nineteenth Amendment could be used today to expand gender equality. In this compelling legal history, Monopoli illuminates how gender, race and class intersect to affect our constitutional development.

Nobody's Law shows how people - who are disappointed, disenchanted, and outraged about the justice system - gradually move away from law. Using detailed case studies and combining different theoretical perspectives, this book explores the legal consciousness of ordinary people, businessmen, and street-level bureaucrats in the Netherlands. The empirical research in this study tells an original and alternative narrative about the role of law in everyday life. While previous studies emphasize the law's hegemony and argue that it's 'all over', Hertogh shows that legal proliferation makes it harder for people to know, and subsequently identify with, the law. As a result, official law has become increasingly remote and irrelevant to many people. The central finding presented in this highly topical text is that these developments signal a process of 'legal alienation'- a gradual and mundane process with potentially serious consequences for the legitimacy of law. A timely and original study, this book will be of particular interest to scholars in the fields of law and society, socio-legal studies and legal theory.

What is the relationship between politics and international law? Rather than exploring this question through the lens of the dominant paradigms of international relations theory - realism, liberalism, and constructivism - this book proposes a different approach. Based on the premise that the relationship varies depending on the sites where it unfolds, and inspired by comparative politics and socio-legal studies, the book develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. Expert contributors apply this analytical framework to diverse fields of law and politics. Part I examines the problems of compliance, effectiveness and the domestic enforcement of international law, and legal institutions including domestic and international courts, national legislatures and regime complexes. Part II covers substantive fields of governance such as global financial regulation, environmental standards, trade, intellectual property and human rights. The final chapters in this Part tackle emerging yet critical issues in international law, including terrorism, cyber conflict and Internet regulation. Together, the chapters represent a significant step forward in the comparative analysis of politics and international law. This Research Handbook will be essential reading for students and academics in political science and law alike. Contributors include: W.C. Banks, R. Brewster, A. Chander, K.L. Cope, M. Elsig, B. Faude, T. Gehring, C. Hillebrecht, S. Katzenstein, M.R. Madsen, W. Mattli, J.J. Paust, M.J. Peterson, S. Puig, W. Sandholtz, J. Seddon, S.K. Sell, G. Shaffer, D. Sloss, M. Van Alstine, P.-H. Verdier, M. Versteeg, C.A. Whytock

This book examines the intersections between the ways that marriage was represented in eighteenth-century writing and art, experienced in society, and regulated by law. The interdisciplinary and comparative essays explore the marital experience beyond the 'matrimonial barrier' to encompass representations of married life including issues of spousal abuse, parenting, incest, infidelity and the period after the end of marriage, to include annulment, widowhood and divorce. The chapters range from these focuses on legal and social histories of marriage to treatments of marriage in eighteenth-century periodicals, to depictions of married couples and families in eighteenth-century art, to parallels in French literature and diaries, to representations of violence and marriage in Gothic novels, and to surveys of same-sex partnerships. The volume is aimed towards students and scholars working in the long eighteenth century, gender studies, women's writing, publishing history, and art and legal historians.

This book reinvigorates the field of socio-legal inquiry examining the relationship between law and demography. Originally conceived as 'population law' in the 1960s following a growth in population and a use of law to temper population growth, this book takes a new approach by examining how population change can affect the legal system, rather than the converse. It analyses the impact of demographic change on the judicial system, with a geographic focus on Australian courts but with global insights and it raises questions about institutional structures. Through four case studies, it examines how demographic change impacts on the judicial system and how should the judicial system adapt to embody a greater preparedness for the demographic changes that lie ahead? It makes recommendations for reform and speaks to applied demographers, socio-legal scholars, and those interested in judicial institutions.

Can there be such a thing as a European sociology of law? The uncertainties which arise when attempting to answer that straightforward question are the subject of this book, which also overlaps into comparative law, legal history, and legal philosophy. The richness of approaches reflected in the essays (including comparisons with the US) makes this volume a courageous attempt to show the present state of socio- legal studies in Europe and map directions for its future development. Certainly we already know something about the existence of differences in the use and meaning of law within and between the nation states and groups that make up the European Union. They concern the role of judges and lawyers, the use of courts, patterns of delay, contrasts in penal 'sensibilities', or the meanings of underlying legal and social concepts. Still, similarities in 'legal culture' are at least as remarkable in societies at roughly similar levels of political and economic development. The volume should serve as a needed stimulus to a research agenda aimed at uncovering commonalities and divergences in European ways of approaching the law.

This book describes the state of the art and future prospects of the most important bio-medicolegal subdisciplines in the post-genomic framework of personalized medicine. Focusing on the three main themes Innovation, Unitariness and Evidence, the book addresses a wide range of topics, including: Bio-Medicolegal and Criminological Sciences, Forensic Pathology and Anthropology, Clinical and Forensic Medicine in Living Persons (from Interpersonal Violence to Personal Injury and Damage, Malpractice, Personal Identification and Age Estimation), Forensic Genetics and Genomics, and Toxicology and Imaging. The unitariness of the "Bio-Medicolegal Sciences", historically founded on the accuracy and rigor of the methods of ascertainment and criteria of evaluation, should be re-established on the basis of molecular evidence, and used to promote Personalized Justice. Taken together, the book's conclusions and future perspectives outline a vision of transdisciplinary innovation and future evidence in the framework of personalized justice.

This book is the first comparative and interdisciplinary study of constitutional politics and constitution-making in the Middle East. The historical background and setting are fully explored in two substantial essays by Linda Darling and Said Amir Arjomand, placing the contemporary experience in the contexts, respectively, of the ancient Middle Eastern legal and political tradition and of the nineteenth and twentieth century legal codification and political modernization. These are followed by Ann Mayer's general analysis of the treatment of human rights in relation to Islam in Middle Eastern constitutions, and Nathan Brown's comparative scrutiny of the process of constitution-making in Iran, Afghanistan and Iraq with reference to the available constitutional theories which are shown to throw little or no light on it. The remaining essays are country by country case studies of Turkey, Afghanistan and Iraq, the case of Iran having been covered by Arjomand as the special point of reference. Mehmet Fevzi Bilgin examines the making and subsequent transformation of the Turkish Constitution of 1982 against current theories of constitutional and deliberative democracy, while Hootan Shambayati examines the institutional mechanism for protecting the ideological foundations of the Turkish Republic, most notably the Turkish Constitutional Court which offers a surprising parallel to the Iranian Council of Guardians. Arjomand's introduction brings together the bumpy experience of the Middle East along the long road to political reconstruction through constitution-making and constitutional reform, drawing some general analytical lessons from it and showing the consequences of the origins of the constitutions of Turkey and Iran in revolutions, and of Afghanistan and Iraq in war and foreign invasion.

This book investigates language-related problems which arise in courtroom discourse in the Republic of Cameroon, in Central Africa. While Cameroon has over 250 national languages, court cases are conducted in the two official languages: English and French. This is despite the fact that 40% of the adult population is illiterate in these languages, and means that lay litigants often encounter language-related problems during trials. In this study, the author makes use of Speech Act Theory and Interactional Sociolinguistics to analyse the speech acts of both legal professionals and lay litigants as observed in 37 legal cases, demonstrating how the use of exoglossic languages in a highly multilingual nation constitutes a serious issue. The book will be of interest to students and scholars of Forensic Linguistics, Language Policy and Planning, and Discourse Analysis, particularly those with an interest in the African context.

This book explores the use of restorative justice approaches in the context of environmental crimes. It critically assesses regular criminal justice approaches with regard to green crimes and explores restorative justice conferencing as an alternative. Focussing on justice approaches in Australia and New Zealand, it argues that court processes following environmental offending provide minimal to no offender and victim voice, interaction, and input, rendering them invisible. It proposes a third measure of justice - that of meaningful involvement, beyond that of fair procedure and outcome. It suggests the use of restorative justice conferencing, a facilitated dialogue between stakeholders to crime or conflict, as a vehicle to operationalise and achieve justice as meaningful involvement. This book speaks to those interested in green criminology, victimology and environmental law.

This book examines the practice of transitional justice in the Solomon Islands from the period of the 'The Tensions' to the present. In late 1998, the Solomon Islands were plunged into a period of violent civil conflict precipitated by a complex web of grievances, injustices, ethnic tensions, and economic insecurities. This conflict dragged on until the middle of 2003, leaving an estimated 200 people dead and more than 20 000 displaced from their homes. In the time that has elapsed since the end of The Tensions, numerous-at times incompatible-approaches to transitional justice have been implemented in the Solomon Islands. The contributors to this volume examine how key global trends and debates about transitional justice were played out in the Solomon Islands, how its key mechanisms were adapted to meet the specific demands of post-conflict justice in this local context, and how well its practices and processes fulfilled their perceived functions.

This book assesses the implications of how children and young people are represented in print media in Northern Ireland - a post-conflict transitioning society. Gordon analyses how children and young people's perceived involvement in anti-social and criminal behaviour is constructed and amplified in media, as well as in popular and political discourses. Drawing on deviancy amplification, folk devils and moral panics, this original study specifically addresses the labelling perspective and confirms that young people are convenient scapegoats - where their negative reputation diverts attention from the structural and institutional issues that are inevitable in a post-conflict society. Alongside content analysis from six months of print media and a case study on the representation of youth involvement in 'sectarian' rioting, this book also analyses interviews with editors, journalists, politicians, policy makers and a spokesperson for the Police Service of Northern Ireland. Noting the importance of prioritising the experiences of children, young people and their advocates, this timely and engaging research will be of specific interest to scholars and students of criminal justice, criminology, socio-legal studies, sociology, social policy, media studies, politics and law, as well as media professionals and policy makers.

How our national identity has changed in significant and unexpected ways since the attacks of 9/11 Beautifully written and carefully reasoned, this bold and provocative work upends the conventional wisdom about the American reaction to crisis. Margulies demonstrates that for key elements of the post-9/11 landscape-especially support for counterterror policies like torture and hostility to Islam-American identity is not only darker than it was before September 11, 2001, but substantially more repressive than it was immediately after the attacks. These repressive attitudes, Margulies shows us, have taken hold even as the terrorist threat has diminished significantly. Contrary to what is widely imagined, at the moment of greatest perceived threat, when the fear of another attack "hung over the country like a shroud," favorable attitudes toward Muslims and Islam were at record highs, and the suggestion that America should torture was denounced in the public square. Only much later did it become socially acceptable to favor "enhanced interrogation" and exhibit clear anti-Muslim prejudice. Margulies accounts for this unexpected turn and explains what it means to the nation's identity as it moves beyond 9/11. We express our values in the same language, but that language can hide profound differences and radical changes in what we actually believe. "National identity," he writes, "is not fixed, it is made."

View the Table of Contents.
Read the Introduction.

"This is a spectacular collection of essays on the present and future of virtual worlds. It's a perfect introduction for those who have yet to experience them, and more important, a thoughtful companion for those who do."
--Jonathan Zittrain, Oxford University

"The State of Play is an extremely comprehensive look into digital worlds and how those worlds are evolving cultures, changing lives, reshaping the way we think and communicate. If you want to understand where modern culture is headed and learn more about incredibly fascinating experiences taking place in virtual worlds, pick up and read this book now."
--Richard Garriott, a.k.a. Lord British, Creator of Ultima Online and Executive Producer, NCsoft

"These essays, by the best thinkers in their fields, will be read, debated, taught, and cited in court cases as we struggle to figure out how to live in a world which is part digital and part social, part real and part imaginary."
--Henry Jenkins, author of "Convergence Culture: Where Old and New Media Collide"

aIs useful and interesting for students of surveillance.a--"Surveillance & Society"

aWith diverse essays from game designers, social scientists and legal scholars, The State of Play is a provocative consideration of virtual jurisprudence.a
--"Paste Magazine"

aFor those who want to skip over the hype and dive into the issue, it is hard to imagine a better resource.a
--Cecily Deane Mak, Senior Counsel, Music at RealNetworks.

aReading The State of Play is an adventure. It is the first real step of a journey into the outer limits of the physical world and the inner realms of the virtualwithin the boundaries of societyas comfort zone. It is an exploratory glimpse into how digital worlds may change the future, reshape our own reflection, and challenge real-world laws.a
--"New York Law Journal"

a...traces the fate of playtime over the centuries.a
--"Slate.com"

The State of Play presents an essential first step in understanding how new digital worlds will change the future of our universe. Millions of people around the world inhabit virtual words: multiplayer online games where characters live, love, buy, trade, cheat, steal, and have every possible kind of adventure. Far more complicated and sophisticated than early video games, people now spend countless hours in virtual universes like Second Life and Star Wars Galaxies not to shoot space invaders but to create new identities, fall in love, build cities, make rules, and break them.

As digital worlds become increasingly powerful and lifelike, people will employ them for countless real-world purposes, including commerce, education, medicine, law enforcement, and military training. Inevitably, real-world law will regulate them. But should virtual worlds be fully integrated into our real-world legal system or should they be treated as separate jurisdictions with their own forms of dispute resolution? What rules should govern virtual communities? Should the law step in to protect property rights when virtual items are destroyed or stolen?

These questions, and many more, are considered in The State of Play, where legal experts, game designers, and policymakers explore the boundaries of free speech, intellectual property, and creativity in virtual worlds. The essays explore both the emergence of law inmultiplayer online games and how we can use virtual worlds to study real-world social interactions and test real-world laws.

Contributors include: Jack M. Balkin, Richard A. Bartle, Yochai Benkler, Caroline Bradley, Edward Castronova, Susan P. Crawford, Julian Dibbell, A. Michael Froomkin, James Grimmelmann, David R. Johnson, Dan Hunter, Raph Koster, F. Gregory Lastowka, Beth Simone Noveck, Cory Ondrejka, Tracy Spaight, and Tal Zarsky.

Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date. In Part I, Methods and Disciplines, contributors approach critical issues in comparative law and society from a variety of academic fields, including sociology, criminology, anthropology, economics, political science, and psychology. This multidisciplinary approach highlights the importance of addressing the variance of perspectives inherent to the field. In Part II, Core Issues, chapters offer an exploration of major legal institutions, processes, professionals, and cultures associated with particular legal subjects. Since authors utilize the perspective of at least two different legal systems, this book offers a truly thorough and wide-ranging focus. The general reader, as well as students and scholars, will find this handbook useful in their continuing explorations into the interaction between law and society. Practitioners such as lawyers and judges with an interest in global perspectives of law will also find much to admire in this innovative volume. Contributors: M. Adler, N. Brewer, D.S. Clark, R. Cotterrell, B.L. Cutler, T. Ginsburg, M. Goodale, C. Guarnieri, R. Horry, B. Luppi, S.C. McCaffrey, E. Mertz, D. Nelken, F. Pakes, M.A. Palmer, F. Parisi, J.T. Polk, J.C. Reitz, R.E. Salcido, S. Stendahl, J.C. Suk, G.A. Tarr, S.C. Thaman, K. van Aeken, H.J. Wiarda

This book involves a variety of aspects and levels, including the diachronic and synchronic dimensions. Law profoundly affects our daily lives, but its language and culture can at times be nearly impossible to understand. As a comparative study of Chinese and Western legal language and legal culture, this book investigates the similarities and differences of both sides and identifies their respective advantages and disadvantages. Accordingly, it considers both social and cultural functions, and both theoretical and practical values. Firstly, the book addresses the differences, that is, the basic frameworks and disparities between the Chinese and Western legal languages and legal cultures. Secondly, it explores relevant changes over time, that is, the historical evolution and the basic driving forces that were at work before the Chinese and Western legal languages and cultures "met." Lastly, the book elaborates on their fusion, that is, the conflicts and changes in Chinese and Western legal languages and cultures in China in the modern era, as well as the introduction, transplantation and transformation of Western legal culture.

This volume addresses the study of family law and society in Europe, from medieval to contemporary ages. It examines the topic from a legal and social point of view. Furthermore, it investigates those aspects of the new family legal history that have not commonly been examined in depth by legal historians. The volume provides a new 'global' interpretative key of the development of family law in Europe. It presents essays about family and the Christian influence, family and criminal law, family and civil liability, filiation (legitimate, natural and adopted children), and family and children labour law. In addition, it explores specific topics related to marriage, such as the matrimonial property regime from a European comparative perspective, and impediments to marriage, such as bigamy. The book also addresses topics including family, society and European juridical science.

The original contributions in this Handbook provide an introduction to the application of Austrian economics to law. The book begins with chapters on the methodology of law and economics before moving on to chapters which discuss key concepts in Austrian economics such as; dynamic competitive processes, spontaneous order, subjective value, entrepreneurship, and the limited nature of individual knowledge - as they relate to topics in evolutionary law and basic law. This book presents contributions from both economists and legal scholars on topics ranging from methodology of analysis and the evolution of contemporary legal practice, to the teachings of basic law. Taken as a whole, this Handbook provides a strong overview of contemporary research in the Austrian school of law and economics. It is an approach that reflects both the examination of how alternative legal arrangements impact economic performance, and how to use the tools of basic economic reasoning to study the operation of legal rules. Scholars working in the fields of law, jurisprudence, economics, and public policy will find this an important resource on the cutting edge of Austrian political economy in application to law and economics. Contributors include: B.L. Benson, P.J. Boettke, D.J. Boudreaux, H.N. Butler, E.R. Claeys, C.J. Coyne, M. DeBow, M.T. Henderson, S. Horwitz, P.G. Klein, M. Krause, T.A. Lambert, P.T. Leeson, J. Parker, G.J. Postema, S. Rajagopalan, D. Skarbek, E.P. Stringham, R.E. Wagner, T.J. Zywicki

This book uses a case study of a low-cost home ownership initiative at the margins of renting and owning provided by social landlords - known as shared ownership - to challenge everyday assumptions held about the 'social' and the 'legal' in property. The authors provide a study of the construction of property ownership, from the creation of this idea through to the present day, and offer a fresh consideration of key issues surrounding property, ownership, and the social. Analysing a diverse range of sources (from archives to micro-blogs, observation of housing providers, and interviews with shared owners), the authors explain the significance of the things (from the formal documents like leases, to odd materials like sweet wrappers and cigarette butts) commonly found in the narratives around shared ownership which are used to construct it as private ownership in everyday life. Ultimately, they uncover how this dream of ownership can become tarnished when people's identities as 'owners' come under threat, and as such, these findings will provide fascinating insight into the intricacies of so-called home ownership for scholars of Law, Criminology, and Sociology.