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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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The Politics of Juridification (Paperback)
Loot Price: R596
Discovery Miles 5 960
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The Politics of Juridification (Paperback)
Series: Law and Politics
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Loot Price R596
Discovery Miles 5 960
Expected to ship within 12 - 17 working days
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The Politics of Juridification offers a timely contribution to
debates about how politics is being affected by the increasing
relevance of judicial bodies to the daily administration of Western
political communities. While most critical analyses portray
juridification as a depoliticizing, de-democratizing transferral of
political authority to the courts (whether national or
international), this book centres on the workable ambivalence of
such a far-reaching phenomenon. While juridification certainly
intensifies the power and competences of judicial bodies to the
disadvantage of representative political institutions, it cannot be
easily reduced to the demise of democratic politics. By focusing on
the multiple ways in which social agents make use of the law, The
Politics of Juridification teases out the agential and
transformative aspects of the various negotiations social agents
engage with legal institutions with a view to obtaining political
visibility. In particular, the book homes in on two seemingly
distinct phenomena: on one hand, the regulation of sexuality and
emerging kinship formations; on the other, the fragmentation of
legal settings due to the claims to legal autonomy advanced by
sub-state cultural and religious groups. By doing so, the book
makes the case for an unexpected convergence between the struggles
for legal recognition of sexual minorities and religious and
cultural minorities. The conclusion is that juridification does
entail normalization and favour the infiltration of law into the
social realm. But because of its ambivalent nature, it can and does
serve as an alternative vehicle for social change - one that
attaches more importance to how social agents produce law on a
daily basis and how this law permeates official legal orders.
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