Recent controversies surrounding the war on terror and American intervention in Iraq and Afghanistan have brought rule of law rhetoric to a fevered pitch. While President Obama has repeatedly emphasized his Administration's commitment to transparency and the rule of law, nowhere has this resolve been so quickly and severely tested than with the issue of the possible prosecution of Bush Administration officials. While some worry that without legal consequences there will be no effective deterrence for the repetition of future transgressions of justice committed at the highest levels of government, others echo Obama's seemingly reluctant stance on launching an investigation into allegations of criminal wrongdoing by former President Bush, Vice President Cheney, Secretary Rumsfeld, and members of the Office of Legal Counsel. Indeed, even some of the Bush Administration's harshest critics suggest that we should avoid such confrontations, that the price of political division is too high. Measured or partisan, scholarly or journalistic, clearly the debate about accountability for the alleged crimes of the Bush Administration will continue for some time. Using this debate as its jumping off point, When Governments Break the Law takes an interdisciplinary approach to the legal challenges posed by the criminal wrongdoing of governments. But this book is not an indictment of the Bush Administration; rather, the contributors take distinct positions for and against the proposition, offering revealing reasons and illuminating alternatives. The contributors do not ask the substantive question of whether any Bush Administration officials, in fact, violated the law, but rather the procedural, legal, political, and cultural questions of what it would mean either to pursue criminal prosecutions or to refuse to do so. By presuming that officials could be prosecuted, these essays address whether they should. When Governments Break the Law provides a valuable and timely commentary on what is likely to be an ongoing process of understanding the relationship between politics and the rule of law in times of crisis. Contributors: Claire Finkelstein, Lisa Hajjar, Daniel Herwitz, Stephen Holmes, Paul Horwitz, Nasser Hussain, Austin Sarat, and Stephen I. Vladeck.

Attacks can backfire on attackers-sometimes spectacularly. In March 1991, an observer videotaped several Los Angeles police beating Rodney King with their batons. Shown on television, the beating caused enormous damage to the reputation of the police and led to the chief's resignation. This incident and others, such as the 2003 invasion of Iraq and the 1965 surveillance of Ralph Nader, prove that all sorts of attacks can backfire, from torture and massacres to job dismissals and reprisals against whistle-blowers. Through numerous detailed case studies, Justice Ignited presents the first comprehensive treatment of the dynamics of backfire, as it reveals the most promising tactics for causing the backfire of unfair attacks. Understanding backfire-both promoting and inhibiting it-is vitally important for activists and everyone else who wants to be effective in the face of injustice.

Diverse societies are now connected by globalization, but how do ordinary people feel about law as they cope day-to-day with a transformed world? "Tort, Custom, and Karma" examines how rapid societal changes, economic development, and integration into global markets have affected ordinary people's perceptions of law, with a special focus on the narratives of men and women who have suffered serious injuries in the province of Chiangmai, Thailand.
This work embraces neither the conventional view that increasing global connections spread the spirit of liberal legalism, nor its antithesis that backlash to interconnection leads to ideologies such as religious fundamentalism. Instead, it looks specifically at how a person's changing ideas of community, legal justice, and religious belief in turn transform the role of law particularly as a viable form of redress for injury. This revealing look at fundamental shifts in the interconnections between globalization, state law, and customary practices uncovers a pattern of increasing remoteness from law that deserves immediate attention.

This ground-breaking and timely book explores how big data, artificial intelligence and algorithms are creating new types of agency, and the impact that this is having on our lives and the rule of law. Addressing the issues in a thoughtful, cross-disciplinary manner, the authors examine the ways in which data-driven agency is transforming democratic practices and the meaning of individual choice. Leading scholars in law, philosophy, computer science and politics analyse the latest innovations in data science and machine learning, assessing the actual and potential implications of these technologies. They investigate how this affects our understanding of such concepts as agency, epistemology, justice, transparency and democracy, and advocate a precautionary approach that takes the effects of data-driven agency seriously without taking it for granted. Scholars and students of law, ethics and philosophy, in particular legal, political and democratic theory, will find this book a compelling and invaluable read, as will computer scientists interested in the implications of their own work. It will also prove insightful for academics and activists working on privacy, fairness and anti-discrimination. Contributors include: J.E. Cohen, G. de Vries, S. Delacroix, P. Dumouchel, C. Ess, M. Garnett, E.H. Gerding, R. Gomer, C. Graber, M. Hildebrandt, C. Maple, K. O'Hara, P. Ohm, m.c. schraefel, D. Stevens, N. van Dijk, M. Veale

This book offers a rigorous empirical and theoretical analysis of an important dimension of European integration - the implementation of EU legislation and its effect in the wake of the accession of ten new member states to the EU in 2004. The authors concentrate on the key field of social policy, which is of vital interest for the viability of the welfare state and the future of labour law standards in Europe. Following on from a previous prize-winning study, Complying with Europe: EU Harmonization and Soft Law in the Member States, this new volume looks at how EU social legislation works in practice, particularly in Central and Eastern European countries. The authors offer in-depth empirical case studies of three of the most significant pieces of EU social legislation: the Working Time Directive, the Equal Treatment Directive and the Employment Equality Directive. Their analysis makes it possible for the authors to make useful generalizations for the policy field as a whole.

This book is the first to approach Jacques Ranciere's work from a legal perspective. A former student of Louis Althusser, Ranciere is one of the most important contemporary French philosophers of recent decades: offering an original and path-breaking way to think politics, democracy and aesthetics. Ranciere's work has received wide and increasing critical attention, but no study exists so far that reflects on the wider implications of Ranciere for law and for socio-legal studies. Although Ranciere does not pay much specific attention to law-and there is a strong temptation to identify law with what he terms the "police order"-much of Ranciere's historical work highlights the creative potential of law and legal language, with important legal implications and ramifications. So, rather than excavate the Rancierean corpus for isolated statements about the law, this volume reverses such a method and asks: what would a Ranciere-inspired legal theory look like? Bringing together specialists and scholars in different areas of law, critical theory and philosophy, this rethinking of law and socio-legal studies through Ranciere provides an original and important engagement with a range of contemporary legal topics, including constituent power and democracy, legal subjectivity, human rights, practices of adjudication, refugees, the nomos of modernity, and the sensory configurations of law. It will, then, be of considerable interest to those working in these areas.

In this two-volume set, Larry D. Barnett delves into the macrosociological sources of law concerned with society-important social activities in a structurally complex, democratically governed nation. Barnett explores why, when, and where particular proscriptions and prescriptions of law on key social activities arise, persist, and change. The first volume, Societal Agents in Law: A Macrosociological Approach, puts relevant doctrines of law into a macrosociological framework, uses the findings of quantitative research to formulate theorems that identify the impact of several society-level agents on doctrines of law, and takes the reader through a number of case analyses. The second volume, Societal Agents in Law: Quantitative Research, reports original multivariate statistical studies of sociological determinants of law on specific types of key social activities. Taken together, the two volumes offer an alternative to the almost-total monopoly of theory and descriptive scholarship in the macrosociology of law, comparative law, and history of law, and underscore the value of a mixed empirical/theoretical approach.

This book is a critical examination of recently introduced individual accountability regimes that apply to the financial services industry in the UK (SMCR) and Australia (BEAR and the forthcoming FAR), together with a forthcoming new individual accountability regime ( in particular, SEAR) in Ireland. It provides a framework for analysing whether these regimes will achieve behavioural change in the financial services industry. This book argues that, whilst sanctioning individuals to deter future misconduct is an important part of any successful regulatory strategy, the focus should be on ensuring that individuals in the financial services industry internalise the norms of behaviour expected under the new regimes. In this regard, the analysis in this book is informed by criminological theory, regulatory theory and behavioural science. The work also argues for a "trajectory towards professionalisation" of financial services, and banking in particular, as an important means of positively influencing industry-wide norms of behaviour, which have a key influence on firms' and individuals' behaviours.

This title was first published in 2001. The case of Lawless v Ireland is a landmark in the development of human rights jurisprudence. Stemming from the introduction of detention without trial by the Irish government in response to the resurgence of political violence, much of the material relevant to the case brought before the European Court of Human Rights, has remained closed to public scrutiny. This book is the first to provide a detailed documentary of the case, assessing the adequacy of the investigatory processes provided under the European Convention and questioning whether the factual conclusions reached by the European Commission on Human Rights were correct. In what will be an essential reference for academics and students of human rights, the book raises doubts as to whether the Strasbourg institutions, established to rectify national breaches of human rights, might in fact have perpetrated an international miscarriage of justice.

Rights, Regulation and the Technological Revolution confronts a central question facing modern government - how can regulators respond to both the challenges and opportunities presented by a technologically-driven society without sacrificing legitimacy for effectiveness, or weakening the essential conditions of a stable, aspirant moral community?
Analyzing developments across biotechnology, information and communications technology, nanotechnology and neurotechnology, the book explores the difficulties facing the public control of rapid technological change, focusing on the problems of regulatory effectiveness, connection, legitimacy and compliance. The book argues that as regulators struggle to find adequate frameworks to limit, license and support new technologies, they will increasingly rely on a technological approach to complement, enhance, and even replace traditional legal strategies.
The book breaks new ground by offering the first overarching commentary on the relationship between regulators, industry, and wider society as the new technologies of the twenty-first century achieve an ever-greater penetration in our daily lives.

Fundamental rights are exploding across all areas of law in Europe. This rights revolution is transforming European judicial culture and the judge's political role at breakneck speed. Not only have fundamental rights become an integral part of litigation in the domestic and European courts, but their advent has provoked an ongoing revolution in French and European procedural, doctrinal, institutional and conceptual structures.
Grounded in comparative law and political science, this book tells the story of the rights revolution. Part of the story is social and intellectual. As the polity has become increasingly complicated both nationally and transnationally, fundamental rights have emerged as a lingua franca within and across European jurisdictions: they offer a pool of common legal terms that address the diversity of interests now litigating in the domestic and European courts.
But that is not the entire story. The fundamental rights revolution is also a product of the complex - and often competitive - inter-institutional dynamics that characterize the judicial arena in our ever more globalized legal space. European legal controversies increasingly play out at the jurisdictional intersection of a range of domestic and supranational high courts, which must interact and coordinate as never before. This growing inter-institutional interface has taken on a competitive logic and inflationary force of its own.
The result has been a group dynamic that has reinforced the ubiquity and preeminence of fundamental rights throughout the European legal field. Almost every European judicial player now faces powerful pressures to jump on the fundamental rights bandwagon or be left intellectually and institutionally behind. This has prompted a frantic race to master and lead the emergent fundamental rights regime.
In telling the story of the rights revolution, the book makes a substantial contribution to understanding the current dynamics of European judiciaries, and the depth of the impact of transnational law on domestic legal culture.

Socio-legal studies have had an ambivalent relationship with the 'legal' - one of its defining aspects, but at the same time one that the discipline has sought to transcend or even leave behind. While socio-legal studies benefit hugely from the insights, methods and theories of other social science and humanity disciplines, the contributions to Exploring the 'Legal' in Socio-Legal Studies illustrate the value of a focus on the 'legal'. The chapters in this book combine traditional legal materials and analyses with other ways of engaging empirically with the 'legal'. They illustrate the rich potential of the 'legal' as a site both for theoretical and methodological reflection and for case study analysis. Taken as a whole, this volume demonstrates that methodological discussion is most helpful when rooted in empirical cases, and that the best case studies also help us to develop our methodologies. Bringing methodology and empirical analysis together offers an opportunity to reflect on socio-legal studies and develop the discipline in productive new directions.

This book presents a compelling and highly sophisticated politico-legal history of a particular security operation that resulted in one of the most high-profile torture cases in the world. It reveals the extent to which the Ireland v. United Kingdom judgment misrepresents the interrogation system that was developed and utilised in Northern Ireland. Finally, the truth about the operation is presented in a comprehensive narrative, sometimes corroborating secondary literature already in the public domain, but at other times significantly debunking aphorisms, or, indeed, lies that circulated about interrogation in depth. The book sets out the theoretical reference paradigm with respect to the culture and practice of state denial often associated with torture, and uses this model to excavate the buried aspects of this most famous of torture cases. Through the lens of a single operation, conducted twice, it presents a fascinating expose of the complicated structures of state-sponsored denial designed to hide the truth about the long-term effects of these techniques and the way in which they were authorised.

In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU's consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU Consumer Law has had on national law. The book argues that EU Consumer Law has the potential of enhancing the protecting of consumers throughout the EU and could offer a model for consumer law elsewhere in the world, but in order to unlock this potential, there needs to be a rethink with regard to the EU's approach to consumer law and policy.

The human world is in a mess. The human mind is in a mess. And now the human species is threatening its own survival by its own inventions and by war. For thousands of years, human beings conducted a great debate about the human condition and human possibilities, about philosophy and society and law. In 1516, Thomas More, in his book Utopia, contributed to the ancient debate, at another time of profound transformation in the human world. In our own time, we have witnessed a collapse in intellectual life, and a collapse in the theory and practice of education. The old debate is, for all practical purposes, dead. In 2016, Philip Allott's Eutopia resumes the debate about the role of philosophy and society and law in making a better human future, responding to a human world that More could not have imagined. And he lets us hear the voices of some of those who contributed to the great debate in the past, voices that still resonate today.

The European integration project currently faces profound political, economic, legal, and societal challenges. These challenges seem increasingly to overburden the European Union as well as the cohesion among the Member States, and therefore pose a serious threat to the integration project. The EU faces a major task in coping with this situation and it is one that calls for new approaches and ideas This book addresses the major challenges confronting the EU, analyses the consequences for the integration project, and develops fresh perspectives on the EU's future prospects for coping with the most debated, current and upcoming issues, such as the rise of Euroscepticism or the contested idea of an 'ever-closer union'. Renowned experts in European Studies from the fields of political science, law, economics and sociology provide an interdisciplinary perspective on the different dimensions of the EU's crisis-laden situation and question whether the EU's existing problem-solving mechanisms and methods are sufficient to address the imminent tasks. This text will be of key interest to scholars and students of EU Politics, European Politics, European Governance, and more broadly European law, history and the wider social sciences.

Envisioning Legality: Law, Culture and Representation is a path-breaking collection of some of the world's leading cultural legal scholars addressing issues of law, representation and the image. Law is constituted in and through the representations that hold us in their thrall, and this book focuses on the ways in which cultural legal representations not only reflect or contribute to an understanding of law, but constitute the very fabric of legality itself. As such, each of these 'readings' of cultural texts takes seriously the cultural as a mode of envisioning, constituting and critiquing the law. And the theoretically sophisticated approaches utilised here encompass more than simply an engagement with 'harmless entertainment'. Rather they enact and undertake specific political and critical engagements with timely issues, such as: the redressing of past wrongs; recognising and combatting structural injustices; and orienting our political communities in relation to uncertain futures. Envisioning Legality thereby presents a cultural legal studies that provides the means for engaging in robust, sustained and in-depth encounters with the nature and role of law in a global, mediated world.

This collection adopts an interdisciplinary approach in order to understand the various factors at work in genocidal processes and their aftermath. The strong emphasis on legal norms, legal concepts and legal measures in other studies fails to consider further significant issues in relation to genocide. This book aims to redress this balance exploring social dynamics and human behaviour as well as the interplay of various psychological, political, sociological, anthropological and historical factors at work in genocidal processes.With contributions from top international scholars, this volume provides an integrated perspective on risk and resilience, acknowledging the importance of mitigating factors in understanding and preventing genocide. It explores a range of issues including the conceptual definition of genocide, the notion of intent, preventive measures, transitional justice, the importance of property, the role of memory, self or national interest and principles of social existence.Genocide, Risk and Resilience aims to cross conceptual, disciplinary and temporal boundaries and in doing so, provides rich insights for scholars from across political science, history, law, philosophy, anthropology and theology.

This book explains a paradox in American constitutional law: how a right not discussed during the ratification debates at Philadelphia and not mentioned in the text has become a core component of modern freedom. Rather, privacy is a constitutional afterthought that has gained force through modern interpretations of an old text. Heffernan defends privacy rights against originalist objections to its inclusion in modern constitutional doctrine, analyzes the structure of privacy claims, and provides a blueprint for protecting privacy against government incursion. The book will appeal to a wide audience of students and researchers of criminal procedure, constitutional history, law-and-society, and sociology of law. Lawyers will find this book extremely valuable in addressing the statutory issues associated with modern privacy law. At last, a book about constitutional interpretation that speaks plain English and makes sense. It's the best work I know on the subject, yet that subject is not the one it's mostly about. The book mostly tells the story of the constitutional right to privacy and how it emerged from provisions that at the outset were not much about privacy at all. On that subject, the book is definitive. It's also fascinating, probing, engaging, insightful, and wonderfully presented. Privacy and the American Constitution is a stellar contribution to knowledge. Albert W. Alschuler, Julius Kreeger of Law and Criminology, Emeritus, University of Chicago A powerful and innovate contribution to constitutional law. Not only does Heffernan offer us a fascinating and persuasive account of how modern constitutional rights grew out of the personal space offered to us in an earlier era, he also explains why privacy rights deserve the newfound importance they have in our modern jurisprudence, based upon the same Madisonian approach to constitutional interpretation that justifies other central parts of modern constitutional law. Marc Jonathan Blitz, Alan Joseph Bennett Professor of Law, Oklahoma City University School of Law

Libby Adler offers a comprehensive critique of the mainstream LGBT legal agenda in the United States, showing how LGBT equal rights discourse drives legal advocates toward a narrow array of reform objectives that do little to help the lives of the most marginalized members of the LGBT community.

Volume 17 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1-16 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law. The volume contains seven articles diverse in their scope and focus. Two articles are devoted to the halakhic thought of Rabbi A. I Kook; two treat classic legal questions: breach of a promise to marry, and the legal capacity of minors; two examine aspects of the judicial process, one exploring talmudic analyses of the biblical requirement that courts be established in every town, and the other, post-talmudic views on judicial authority in cases suspected of fraudulent claims. Another article addresses the fascinating question of the epistemic-pedagogic worldviews of the rival Tannaitic legal academics, the House of Hillel and the House of Shammai. The volume concludes with a section on Israeli legislation that adduces or is informed by Jewish law, and two reviews of a much-discussed recent book on a topic of considerable contemporary interest: the agunah problem.

This title was first published in 2001. Taking a multilevel perspective on the Europeanization of refugee policies, this innovative work highlights the entanglement between domestic asylum reforms. Essential reading for scholars of European integration, asylum and refugee policy.

This volume provides an authoritative, cutting-edge resource on the characteristics of both technological and social change in warfare in the twenty-first century, and the challenges such change presents to international law.

The character of contemporary warfare has recently undergone significant transformation in several important respects: the nature of the actors, the changing technological capabilities available to them, and the sites and spaces in which war is fought. These changes have augmented the phenomenon of non-obvious warfare, making understanding warfare one of the key challenges. Such developments have been accompanied by significant flux and uncertainty in the international legal sphere. This handbook brings together a unique blend of expertise, combining scholars and practitioners in science and technology, international law, strategy and policy, in order properly to understand and identify the chief characteristics and features of a range of innovative developments, means and processes in the context of obvious and non-obvious warfare. The handbook has six thematic sections:

Law, war and technology

Cyber warfare

Autonomy, robotics and drones

Synthetic biology

New frontiers

International perspectives.

This interdisciplinary blend and the novel, rich and insightful contribution that it makes across various fields will make this volume a crucial research tool and guide for practitioners, scholars and students of war studies, security studies, technology and design, ethics, international relations and international law.

Table of Contents

1. Introduction: Technological Innovation, Non-Obvious Warfare and Challenges to International Law Rachel Kerr

Part I: Law, War and Technology

2. Obvious and Non-Obvious: the Changing Character of Warfare Ernst Dijxhoorn and James Gow

3. Weapons Law, Weapon Reviews and New Technologies Bill Boothby

4. A Defence Technologist’s View of International Humanitarian Law Tony Gillespie

5. Can the Law Regulate the Humanitarian Effects of New Technologies?Brian Rappert

Part II: Cyber Warfare

6. Computer Network Attacks Under the Jus ad Bellum and the Jus in Bello: ‘Armed’ – Effects and Consequences Elaine Korzak and James Gow

7. Computer Network Attacks Under the Jus ad Bellum and the Jus in Bello: Distinction, Proportionality, Ambiguity and Attribution Elaine Korzak and James Gow

8. Proportionality in Cyber Targeting Marco Roscini

9. Digital Intelligence and Armed Conflict after SnowdenSir David Omand

10. The Ambiguities of Cyber Security: Offence and the Human Factor James Gow

Part III: Autonomy, Robotics and Drones

11. Autonomy of Humans and Robots Thrishanta Nannayakkara

12.Autonomous Agents and Command Responsibility Jack McDonald

13. Legal-Policy Challenges of Armed Drones and Autonomous Weapon Systems Matthew C. Waxman and Kenneth Anderson

14. The ‘Robots Don’t Rape’ Controversy Maziar Homayounnejad and Richard E. Overill

15. Humanity and Lethal Robots: An Engineering Perspective Tony Gillespie

Part IV: Synthetic Biology

16. Biotechnological Innovation, Non-Obvious Warfare and Challenges to International Law Christopher Lowe

17.Synthetic Biology and the Biological Weapons Convention Filippa Lentzos and Cecile Hellestveit

18.A Threat Assessment of Biological Weapons: Past, Present and Future Matteo Bencic Habian

19. The Synthetic Biology Dilemma: Dual-Use and the Limits of Academic Freedom Guglielmo Verdirame and Matteo Bencic Habian

Part V: New Frontiers

20.Space Oddities: Law, War and the Proliferation of Space Power Bleddyn Bowen

21. Outer Space and Private Companies: Consequences for Global Security Pawel Frankowski

22. Biometrics and Human Security James Gow and Georg Gassauer

23. Future War Crimes and the Military (1): Cyber Warfare James Gow and Ernst Dijxhoorn

24. Future War Crimes and the Military (2): Autonomy and Synthetic Biology James Gow and Ernst Dijxhoorn

25. Future War Crimes and Prosecution: Gathering Digital Evidence Maziar Homayounnejad, Richard E. Overill and James Gow

Part VI: International Perspectives

26. Russian Information Warfare and its Challenges to International Law Oscar Jonsson

27. Unconventional Warfare and Technological Innovation in Islam: Ethics and Legality Ariane Tabatabai

28. Cyber Security, Cyber-Deterrence and International Law: the Case of France Anne-Marie Le Gloannec and Fleur Richard-Tixier

29. The US, the UK, Russia and China (1): Regulating Cyber Attacks under International Law – Developments at the United NationsElaine Korzak

30. The US, the UK, Russia and China (2): Regulating Cyber Attacks under International Law – the Potential for Dedicated Norms Elaine Korzak

This volume deals with the manifold ways in which histories are debated and indeed historicity and historiography themselves are interrogated via the narrative modes of the truth commissions. It traces the various medial responses (memoirs, fiction, poetry, film, art) which have emerged in the wake of the truth commissions.

The 1990s and the 2000s saw a spate of so-called truth commissions across the Global South. From the inaugural truth commissions in post-juntas 1980s Latin America, to the Truth and Reconciliation Commission set up by the incoming post-apartheid government in South Africa and the twinned gacaca courts and National Unity and Reconciliation Commission in Rwanda and that in indigenous Australia, various truth commissions have sought to lay bare human rights abuses. The chapters in this volume explore how truth commissions crystallized a long tradition of dissenting and resisting cultures of memorialization in the public sphere across the Global South and provided a significant template for contemporary attempts to work through episodes of violence and oppression across the region. Drawing on studies from Latin America, Africa, Asia and Australia, this book illuminates the modes in which societies remember and negotiate with traumatic pasts.

This book will be of great interest to scholars and researchers of human rights, popular culture and art, literature, media, politics and history.

Table of Contents

1. Reassessing South African Truth and Reconciliation: John Kani’sMissing and Performative Demands for Justice 2. The Advancement of Truth Commissions on Past Affairs Along with Democratization in Korea: My Experiences as a Commissioner in Three Different Truth Commissions 3. Memories about Truth: Journalistic Narratives, ‘True Stories’ and the Clash of Memories in Brazil’s National Truth Commission 4.Ubu and the Truth Commission: The Multiple Contexts of the TRC and Ubu 5. Black Memories of the Brazilian Military Dictatorship: The Repression of Black Dances During the 1970s and the State of Rio Truth Commission 6. ‘That’s the Bad Past We Want to Forget’: Partial Truths, Reconciliation and Memory in Namibia’s Post-Apartheid Democracy 7. Notice Well:Memory and Reparation in the Brazilian Documentary Movies about the Dictatorship 8. Literature as Witness:Failure of a TRC Following the Mass Rapes in Bosnia and Herzegovina 9. The Practice of Public Apology:Australia Says Sorry to the Stolen Generations 10. The Gacaca Courts:Collective versus Personal Memory and Trauma of the Genocide in Rwanda. Postface: Truth Commissions and the Reinvention of the Past

New and unremitting violence linked to state, inter-state, and private actors has precipitated a renewal of social movements, many of which act in concert with human rights ethos and legal conceptions. Yet, cultural studies has so far had little engagement or institutional connection with these movements. How can cultural studies as a progressive discipline think with, and make space for, rights-inflected legal and humanitarian practices? This book considers the ways in which cultural humanism and the critical approach to rights, and more broadly between culture and law, can be brought together to open a new intellectual space to allow cultural studies to better engage with the current challenges presented by social and political struggles worldwide. It lays out the central theses essential for constructing a critical view of human rights, and then advances a distinctive critical model of analysis that incorporates insights of postcolonial legal theorists and jurists from the Global South and important cultural theorists from the North, while rethinking law, rights, and social movements as something constituted by multiple legal modernities. Through case studies covering questions relating to sovereignty, citizenship, refugee displacement, human rights defenders, and gender and sexual rights, Law and Cultural Studies develops a means by which the practice of cultural studies can be reinvigorated around the legal spaces, institutions, and movements tied to human rights struggles. As such, it will appeal to scholars of cultural and media studies, critical legal studies, political theory, postcolonial studies, and human rights.