This book is an interdisciplinary study of struggles for indigenous self-determination and the recognition of indigenous' territorial rights in Latin America. Studies of indigenous peoples' opposition to extractive industries have tended to focus on its economic, political or social aspects, as if these were discrete dimensions of the conflict. In contrast, this book offers a comprehensive and interdisciplinary understanding of the tensions between indigenous peoples' territorial rights and the governance of extractive industries and related state developmental policies. Analysing the contentious process pushed by indigenous peoples for implementing pluri-nationality against extractive projects and pro-extractive policies, the book compares the struggle for territorial rights in Bolivia, Ecuador and Peru. Centrally, it argues that indigenous territorial defenses against the extractive industries articulate a politics of self-determination that challenges coloniality as the foundation of the nation-state. The resource governance of the nation-state assumes that indigenous peoples must be integrated or assimilated within multicultural arrangements as ethnic minorities with proprietary entitlements, so they can participate in the benefits of development. As the struggle for indigenous self-determination in Latin America maintains that indigenous peoples must not be considered as ethnic communities with property rights, but as nations with territorial rights, this book argues that it offers a radical re-imagination of politics, development, and constitutional arrangements. Drawing on detailed case studies, this book's multidisciplinary account of indigenous movements in Latin America will appeal to those with relevant interests in politics, law, sociology and development studies.

This book is an interdisciplinary study of struggles for indigenous self-determination and the recognition of indigenous' territorial rights in Latin America. Studies of indigenous peoples' opposition to extractive industries have tended to focus on its economic, political or social aspects, as if these were discrete dimensions of the conflict. In contrast, this book offers a comprehensive and interdisciplinary understanding of the tensions between indigenous peoples' territorial rights and the governance of extractive industries and related state developmental policies. Analysing the contentious process pushed by indigenous peoples for implementing pluri-nationality against extractive projects and pro-extractive policies, the book compares the struggle for territorial rights in Bolivia, Ecuador and Peru. Centrally, it argues that indigenous territorial defenses against the extractive industries articulate a politics of self-determination that challenges coloniality as the foundation of the nation-state. The resource governance of the nation-state assumes that indigenous peoples must be integrated or assimilated within multicultural arrangements as ethnic minorities with proprietary entitlements, so they can participate in the benefits of development. As the struggle for indigenous self-determination in Latin America maintains that indigenous peoples must not be considered as ethnic communities with property rights, but as nations with territorial rights, this book argues that it offers a radical re-imagination of politics, development, and constitutional arrangements. Drawing on detailed case studies, this book's multidisciplinary account of indigenous movements in Latin America will appeal to those with relevant interests in politics, law, sociology and development studies.

Ethnicity and International Law presents an historical account of the impact of ethnicity on the making of international law. The development of international law since the nineteenth century is characterised by the inherent tension between the liberal and conservative traditions of dealing with what might be termed the 'problem' of ethnicity. The present-day hesitancy of liberal international law to engage with ethnicity in ethnic conflicts and ethnic minorities has its roots in these conflicting philosophical traditions. In international legal studies, both the relevance of ethnicity, and the traditions of understanding it, lie in this fact.

This book unveils the potential of utilizing EU Regional Trade Agreements (RTAs) as an instrument of promoting the rule of law to third states. In doing so, the book combines development economics, foreign policy and legal perspectives at three levels of analysis of four sectors to introduce the concept of "EU value-promoting RTAs". The book demonstrates that the EU RTAs bear considerable potential to be strategized as instruments of promoting the rule of law in third states, requiring, however, overcoming strict divides between EU political and economic cooperation, and values and acquis conditionality in its relations with third countries. This book will be of key interest to scholars and students of European Studies, European Union Law, EU external action/foreign policy, EU trade agreements and Development Studies, as well as to NGOs and think tanks that work on European affairs.

This book unveils the potential of utilizing EU Regional Trade Agreements (RTAs) as an instrument of promoting the rule of law to third states. In doing so, the book combines development economics, foreign policy and legal perspectives at three levels of analysis of four sectors to introduce the concept of "EU value-promoting RTAs". The book demonstrates that the EU RTAs bear considerable potential to be strategized as instruments of promoting the rule of law in third states, requiring, however, overcoming strict divides between EU political and economic cooperation, and values and acquis conditionality in its relations with third countries. This book will be of key interest to scholars and students of European Studies, European Union Law, EU external action/foreign policy, EU trade agreements and Development Studies, as well as to NGOs and think tanks that work on European affairs.

In The Beautiful Prison incarcerated Americans and prison critics seek to imagine the prison as something better than a machinery of suffering. From personal testimony to theoretical meditation these writers explore and confront the practical and cultural limits the prison places on its transformation into a socially constructive institution. Long-term prisoner Kenneth E. Hartman engages the reader in his struggle to find beauty inside the increasingly bleak and sterile confines of the California Department of Corrections. Chuck Jackson releases his imagination on Houston's notorious Harris County Jail to envision a jailhouse transformed into a university, community, and arts center. Between the grip of the CDC and utopian vision, Leder, Ginsburg, Pinkert, and Brown report on their practical and theoretical work to understand what the prison has been and might be. The Beautiful Prison suggests that any passage from 'ugly prisons' into institutions serving the greater good will only be possible when the will and intellectual capital of their inhabitants are met by free-world critics ready to challenge assumptions of the prison acting solely as an apparatus of punishment.

This book brings the insights of theatre theory to law, legal interpretation and the jurisprudential to reshape law as a practice of response and responsibility. Confronting a Baconian antitheatrical legality embedded in its jurisprudences and interpretative practices, Marett Leiboff turns to theatre theory and practice to ground a theatrical jurisprudence, taking its cues from Han-Thies Lehmann's conception of the post-dramatic theatre and the early work of theatre visionary Jerzy Grotowski. She asks law to move beyond an imagined ideal grounded in Aristotelian drama and tragedy, and turns to the formation of the legal interpreter lawyer, judge, jurisprudent as fundamental to understanding what's "noticed" or not noticed in law. We "notice" most easily through that which is written into the body of the legal interpreter, in a way that can't be replicated through law's standard practices of thinking and reasoning. Without more, thinking and reasoning are the epitome of antitheatricality legality; a set of theatrical antonyms, including transgression and instinct, offer instead a set of possibilities through which to reconceive assumptions and foundational concepts etched into the legal imaginary. And by turning to critical dramaturgy, the book reveals that the liveliness that sits behind theatrical jurisprudence isn't a new concept in law at all, but has a long pedigree and lineage that had been lost and hidden. Theatrical jurisprudence, which demands an awareness of self and beyond self, grounds a responsiveness that can't be found within doctrine, principle, or the technocratic, but also challenges us to notice what it is we think we know as well as what we know of lives in law that aren't our own. The book will be of interest to scholars and students in the field of jurisprudence, legal theory, theatre and performance studies, cultural studies and philosophy.

This book provides detailed analysis of Supreme Court judgments which have impacted the rights of minorities in relation to higher education, and so illustrates ongoing issues of racial discrimination throughout the American education sector. Race, Law, and Higher Education in the Colorblind Era brings together the many racial disputes that have been adjudicated by the Supreme Court to investigate the politics of colorblindness in the post-civil rights era. Through a reading of these various cases as a form of continuing racial discourse, this book focuses on the ways in which racial disputes operate within a clearly entwined colorblind narrative that invalidates racial justice for minorities. By investigating how the Supreme Court has understood racism and the concept of race across its history, this volume demonstrates how colleges and universities must navigate the often contradictory and perilous landscape of 'diversity' in attempts to integrate historically disadvantaged minorities. This book will be of interest to researchers, academics, and postgraduate students in the fields of sociology of education, multicultural education, and legal education.

Grounded in Critical Race Theory (CRT), Black Men in Law School refutes the claim that when African American law students are "mismatched" with more selective law schools, the result is lower levels of achievement and success. Presenting personal narratives and counter-stories, Jackson demonstrates the inadequacy of the mismatch theory and deconstructs the ways race is constructed within American public law schools. Calling for a replacement to mismatch theory, Jackson offers an alternative theory that considers marginalized student perspectives and crystallizes the nuances and impact that historically exclusionary institutions and systems have on African American law school students. To further the debate on affirmative action, this book shows that experiences and voices of African American law school students are a crucial ingredient in the debate on race and how it functions in law schools.

Native Americans are disproportionately represented as offenders in the U.S. criminal justice system. Routledge Handbook on Native American Justice Issues is an authoritative volume that provides an overview of the state of American Indigenous populations and their contact with justice concerns and the criminal justice system. The volume covers the history and origins of Indian Country in America; continuing controversies regarding treaties; unique issues surrounding tribal law enforcement; the operation of tribal courts and corrections, including the influence of Indigenous restorative justice practices; the impact of native religions and customs; youth justice issues, including educational practices and gaps; women's justice issues; and special circumstances surrounding healthcare for Indians, including the role substance abuse plays in contributing to criminal justice problems. Bringing together contributions from leading scholars - many of them Native Americans - that explore key issues fundamental to understanding the relationships between Native peoples and contemporary criminal justice, editor Laurence Armand French draws on more than 40 years of experience with Native American individuals and groups to provide contextual material that incorporates criminology, sociology, anthropology, cultural psychology, and history to give readers a true picture of the wrongs perpetrated against Native Americans and their effects on the current operation of Native American justice. This compilation analyzes the nature of justice for Native Americans, including unique and emerging problems, theoretical issues, and policy implications. It is a valuable resource for all scholars with an interest in Native American culture and in the analysis and rectification of the criminal justice system's disparate impact on people of color.

What is 'the rule of law'? How do laws get made? Does our legal and political system achieve justice for all Australians equally? Designed for beginners as well as non-law students this text provides a comprehensive and accessible guide to understanding Australia's system of law and government. Dr Keiran Hardy describes how legislation is made, the nature of case law, the hierarchy of courts and the doctrine of precedent. He looks at the role played by politics and the media in shaping law, and he describes founding principles including democracy, liberalism, the separation of powers and federalism. The criminal justice system is explained including criminal offences, police powers, sentencing and punishment, and there is a special emphasis on Indigenous peoples and the law. The book concludes with case studies of cybercrime and counterterrorism legislation to illustrate law reform in action. Each chapter features practical examples, chapter summaries and review questions together with a glossary of key terms. Concise, accessible and up-to-the-minute, this is a vital guide for anyone seeking to understand the complexity of Australian law and government. 'This is an excellent book for a wide audience . . . equally useful for law students, legal studies students in high school and anyone seeking an understanding of how and why the law is as it is. And how things might be improved.' - Nicholas Cowdery, AM, QC, former Director of Public Prosecutions, NSW 'A wonderful text . . . The overall structure and the inclusion of comprehension questions, glossaries and a curated reference list ensure that students can build on their understanding over the course of the book.' - Jackie Charles, Rule of Law Institute of Australia 'This introduction to Australian law is comprehensive, contemporary and accessible. It is a perfect primer for new students requiring a broad understanding of Australia's legal system. From cybercrime to the workings of Australia's parliament, this book has it all.' - George Williams, AO, Dean, Anthony Mason Professor, Scientia Professor, University of New South Wales 'Law in Australian Society' is an ideal text for first year students in criminology, legal studies, policing and related fields. Its easy-to-read format aids students in understanding the complexities and subtleties of the Australian legal system.' - Emma Colvin, Centre for Law and Justice, Charles Sturt University

- Fully updated to account for new developments the law of homicide, theft, offenses against the person. - New 'dissenting voices' feature to encourage critical thinking. - A new chapter on public order offences. - The ideal introductory primer for students taking Criminal Law for the first time, whether at A-level or first year undergraduate, or those studying related disciplines such as Criminology.

This book offers an historical and contemporary analysis of policing and police-citizen relations in Nigeria, to understand why people co-operate (or don't) with the police. It examines police legitimacy and the validity of procedural justice theory in a post-colonial African context where corruption, brutality and lack of accountability are not uncommon, to find more refined and alternative answers to the question of why people co-operate (or don't) with the police. The history of policing in Nigeria is explored first and then procedural justice theory is tested through an extensive, cross-sectional survey of the public. One of the core findings is that citizens' co-operation with the police is driven less by legitimacy but more by effectiveness considerations and "dull compulsion", a concept akin to legal cynicism. This study represents one of the first attempts to test and understand "dull compulsion" and its relevance in this context. Overall, it develops the field by illustrating that that there are significant variations between contexts when addressing the influence of perceived procedural justice policing on perceptions of police legitimacy, and it explains the implications for policy makers.

This book assesses the role of social justice in legal scholarship and its potential future development by focusing upon the 'leading works' of the discipline. The rise of socio-legal studies over recent decades has led to a more interdisciplinary approach to the study of law, which prioritises placing law into its wider social context. Recognising the role that culture, economics and politics play in the development of law is important in order to fully understand the position and impact of law in society. Innovative and written in an engaging way, this collection includes leading and emerging scholars from across the world. Each contributor has been invited to select and analyse a 'leading work', a publication which has for them shed light on the way that law and social justice are interlinked and has influenced their own understanding, scholarship, advocacy, and, in some instances, activism. The book also includes a specially written foreword and afterword, which critically reflect upon the contributions of the 'leading works' to consider the role that social justice has played in law and legal education and the likely future path for social justice in legal scholarship. This book will be an essential resource for all those working in the areas of social justice, socio-legal studies and legal philosophy. It will be of wider interest to the social sciences more generally.

Austerity and Law in Europe presents an interdisciplinary collection of essays that challenge traditional narratives of austerity. The contributions recast austerity as a historically contingent political rationality that operates through law and technocracy. * A collection of essays that tackles the relationship between austerity and law within and outside the European Union * Draws on a set of interdisciplinary contributions, incorporating insights from European law, economic history, legal theory, and economics * Reveals how austerity measures in Europe were not implemented as an outcome of legal or economic necessity, but were a political choice * Presents austerity as a historically contingent political rationality which gained a legal endorsement in the EU law and policy without foreclosing the possibilities for contestation either through law or politics

This volume explores the continuous line from informal and unrecorded practices all the way up to illegal and criminal practices, performed and reproduced by both individuals and organisations. The authors classify them as alternative, subversive forms of governance performed by marginal (and often invisible) peripheral actors. The volume studies how the informal and the extra-legal unfold transnationally and, in particular, how and why they have been/are being progressively criminalized and integrated into the construction of global and local dangerhoods; how the above-mentioned phenomena are embedded into a post-liberal security order; and whether they shape new states of exception and generate moral panic whose ultimate function is regulatory, disciplinary and one of crafting practices of political ordering.

In this comprehensive review of urban ethnography, Steven Lubet encountered a field that relies heavily on anonymous sources, often as reported by a single investigator whose underlying data remain unseen. Upon digging into the details, he discovered too many ethnographic assertions that were dubious, exaggerated, tendentious, or just plain wrong. Employing the tools and techniques of a trial lawyer, Lubet uses original sources and contemporaneous documentation to explore the stories behind ethnographic narratives. Many turn out to be accurate, but others are revealed to be based on rumors, folklore, and unreliable hearsay. Interrogating Ethnography explains how qualitative social science would benefit from greater attention to the quality of evidence, and provides recommendations for bringing the field more closely in line with other fact-based disciplines such as law and journalism.

COVID-19 has changed not only human lives since the beginning of the year 2020, but systems of human society as well. Legal measures have been employed in every country to mandate the state's control of human behavior in order to stop the pandemic. But the mode of legal control has differed by country, showing different results in terms of constraining the spread of infection. While the behavioral restrictions continue, the socio-economic impacts of the pandemic have been causing another catastrophe, particularly in the most vulnerable sectors of each society. Small and medium-sized enterprises (SMEs) are typical representatives of such vulnerable groups, compelled to assume the economic burdens of the pandemic that have been shifted from the larger economic actors that hold the advantage in contractual negotiations. Statistical data on infection status have revealed a great gap between countries, such as European nations reaching the level of several thousand deaths per one hundred thousand population, while most Asian countries have maintained a level of one or two digits. Even though COVID-19 affects the whole world, the redistribution of risks in the pandemic is a goal to be pursued in the socio-cultural context of each society. This book explores the law and social changes in Asian countries under the impact of COVID-19, with a particular focus on the social relations surrounding the SMEs. These form the center of contractual relations between various socio-economic actors and at the same time, are a direct counterpart of the governmental SME policies, peculiar to Asian interventionist governments. A comparative approach is taken, using the results of interview surveys based on structured questions conducted via research collaboration between the contributors from Japan as well as other Asian countries. A comparative analysis of the risk redistribution in the pandemic between countries that share similar preconditions is still possible and meaningful. The authors of this book hold the view that Asian countries have sufficient bases for international comparison, particularly on the risk reallocation in the SME sector, given the relatively well-controlled level of infection, presumably due to the similarity of cooperative social culture. Another basis for comparison is the similarity of the laws surrounding the business operation of SMEs since normal times, which makes it feasible to compare the difference in the pandemic. What risks should be reallocated between whom, and how?

This book looks at two technological advancements in the area of e-commerce, which dramatically seem to change the way consumers shop online. In particular, they automate certain crucial tasks inherent in the 'shopping' activity, thereby relieving consumers of having to perform them. These are shopping agents (or comparison tools) and automated marketplaces. It scrutinizes their underlying processes and the way they serve the consumer, thereby highlighting risks and issues associated with their use. The ultimate aim is to ascertain whether the current EU regulatory framework relating to consumer protection, e-commerce, data protection and security adequately addresses the relevant risks and issues, thus affording a 'safe' shopping environment to the e-consumer.

Engaging with the underlying social context in which emotions are a motivational force, Law and the Passions provides a uniquely inclusive commentary on the significance and influence of emotions in the history and continuing development of legal judgment, policy formation, legal practice and legal dogma. Although the emotionality of the law and the use of emotional tropes in legal discourse has become an established focus in recent scholarship, the extent to which emotion and the passions have informed decision-making, decision-avoidance and legal reasoning - rather than as simply an adjunct - is still a matter for critical analysis. As evidenced in a range of illustrative legal cases, emotions have been instrumental in the evolution of key legal principles and have produced many controversial judgments. Addressing the latent influence of fear, hate, love and compassion, the book explores the mutability of law and its transformative power, especially when faced with fluctuating social mores. The textual nature of law and the impact of literary forms on legal actors are also critically examined to further elucidate the idea of law-making as both rational and emotional, and significantly as an essential activity of the empathic imagination. To this end, it is suggested that critical scholarship on law, the passions and emotions not only advances our understanding of the inner workings of law, it constitutes a fundamental part of our moral reasoning, and has the capacity to articulate the conditions for a more dynamic, adaptable, ethical and effective legal institution. This interdisciplinary book will be of interest to scholars and students in the fields of law and literature, legal theory, legal philosophy, law and the humanities, legal aesthetics, sociology of law, politics, law and policy, human rights, general jurisprudence and social justice, as well as cultural studies.

This edited volume provides a timely analysis of the European Union's 'privileged' partnerships with neighbouring countries, identifying key points of comparison. It analyses which policy areas are covered and why, the reasons why a specific institutional arrangement has been chosen, the major advantages and shortcomings for both sides and how effectively the privileged partnerships have worked in practice. Drawing on a number of case studies, the book highlights critical junctures and path dependence in the EU's external relations and examines what general lessons can be drawn regarding privileged partnerships, in particular with a view to the UK's post-Brexit relationship with the EU. This book will be of key interest to scholars, students and practitioners in EU affairs, European politics, diplomacy studies, and more broadly to international relations and law.

This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.

Exploring potential scenarios of artificial intelligence regulation which prevent automated reality harming individual human rights or social values, this book reviews current debates surrounding AI regulation in the context of the emerging risks and accountabilities. Considering varying regulatory methodologies, it focuses mostly on EU's regulation in light of the comprehensive policy making process taking place at the supranational level. Taking an ethics and humancentric approach towards artificial intelligence as the bedrock of future laws in this field, it analyses the relations between fundamental rights impacted by the development of artificial intelligence and ethical standards governing it. It contains a detailed and critical analysis of the EU's Ethic Guidelines for Trustworthy AI, pointing at its practical applicability by the interested parties. Attempting to identify the most transparent and efficient regulatory tools that can assure social trust towards AI technologies, the book provides an overview of horizontal and sectoral regulatory approaches, as well as legally binding measures stemming from industries' self-regulations and internal policies.

As the COVID-19 pandemic has unfolded, stark social inequalities have increasingly been revealed and, in many cases, been exacerbated by the global health crisis. This book explores these inequalities, identifying three thematic strands: power and governance, gender and marginalized communities. By examining these three themes in relation to the effects of the pandemic, the book uncovers how unequal the pandemic truly is. It brings together invaluable insights from a range of international scholars across multiple disciplines to critically analyse how these inequalities have played out in the context of COVID-19 as a first step towards achieving social justice.

New innovations are created every day, but today's business leaders are focused on finding disruptive innovations which are cheaper and lower performing than upmarket technologies. They create new markets, and challenge the status quo of existing technological thinking creating uncertainty both in the future of the innovation and the outcome of the market upheaval. Disruptive innovation is an influential innovation theory in business, but how does it affect the law? Several of these technologies have brought new ways for individuals to deal with copyright works while disrupting existing market expectations, while their ability to spawn social norms has presented challenges for legislation. Considering disruptive innovation as a class, this book examines innovations that have impacted copyright in the past, what lessons can be learned from how the law interacted with them, and how the law can successfully deal with them going forward. Creating comprehensive guidance that can be used when faced with disruptive innovations with the aim of more successful legislation, it considers whether copyright law itself has been disrupted through these innovations. Exploring whether disruptive innovations as a class have unique properties that necessitate action by legislators and whether these properties have the possibility to disrupt the law itself, this book theorises how the law should deal with disruptive innovations in general, going beyond a discussion of the regulation of specific innovations to develop a framework for how law makers should deal with disruptive innovations when faced by one.