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This innovative handbook provides a comprehensive, and truly
global, overview of the main approaches and themes within law and
society scholarship or social-legal studies. A one-volume
introduction to academic resources and ideas that are relevant for
today's debates on issues from reproductive justice to climate
justice, food security, water conflicts, artificial intelligence,
and global financial transactions, this handbook is divided into
two sections. The first, 'Perspectives and Approaches', accessibly
explains a variety of frameworks through which the relationship
between law and society is addressed and understood, with emphasis
on contemporary perspectives that are relatively new to many
socio-legal scholars. Following the book's overall interest in
social justice, the entries in this section of the book show how
conceptual tools originate in, and help to illuminate, real-world
issues. The second and largest section of the book (42 short
well-written pieces) presents reflections on topics or areas
concerning law, justice, and society that are inherently
interdisciplinary and that are relevance to current - but also
classical - struggles around justice. Informing readers about the
lineage of ideas that are used or could be used today for research
and activism, the book attends to the full range of local, national
and transnational issues in law and society. The authors were
carefully chosen to achieve a diverse and non-Eurocentric view of
socio-legal studies. This volume will be invaluable for law
students, those in inter-disciplinary programs such as law and
society, justice studies and legal studies, and those with
interests in law, but based in other social sciences. It will also
appeal to general readers interested in questions of justice and
rights, including activists and advocates around the world.
This innovative handbook provides a comprehensive, and truly
global, overview of the main approaches and themes within law and
society scholarship or social-legal studies. A one-volume
introduction to academic resources and ideas that are relevant for
today's debates on issues from reproductive justice to climate
justice, food security, water conflicts, artificial intelligence,
and global financial transactions, this handbook is divided into
two sections. The first, 'Perspectives and Approaches', accessibly
explains a variety of frameworks through which the relationship
between law and society is addressed and understood, with emphasis
on contemporary perspectives that are relatively new to many
socio-legal scholars. Following the book's overall interest in
social justice, the entries in this section of the book show how
conceptual tools originate in, and help to illuminate, real-world
issues. The second and largest section of the book (42 short
well-written pieces) presents reflections on topics or areas
concerning law, justice, and society that are inherently
interdisciplinary and that are relevance to current - but also
classical - struggles around justice. Informing readers about the
lineage of ideas that are used or could be used today for research
and activism, the book attends to the full range of local, national
and transnational issues in law and society. The authors were
carefully chosen to achieve a diverse and non-Eurocentric view of
socio-legal studies. This volume will be invaluable for law
students, those in inter-disciplinary programs such as law and
society, justice studies and legal studies, and those with
interests in law, but based in other social sciences. It will also
appeal to general readers interested in questions of justice and
rights, including activists and advocates around the world.
Ethnographies of law are historically associated with anthropology
and the study of far-away places and people. In contrast, this
volume underscores the importance of ethnographic research in
analyzing law in all societies, particularly complex developed
nations. By exploring recent ethnographic research by socio-legal
scholars across a range of disciplines, the volume highlights how
an ethnographic approach helps in appreciating the realities of
legal pluralism, the subtle contradictions in any legal system and
how legal meaning is constantly reproduced on the ground through
the cultural frames and practices of peoples' everyday lives.
The ability to deploy interdisciplinary theoretical perspectives
that speak to interconnected global dimensions is critical if one's
work is to be relevant and applicable to the emerging global-scale
issues of our time. The Global Turn is a guide for students and
scholars across all areas of the social sciences and humanities who
wish to embark on global-studies research projects. The authors
demonstrate how the global can be studied from a local perspective
and vice versa. They show how global processes manifest at multiple
levels-transnational, regional, national, and local-all of which
are interconnected and mutually constitutive. This book takes
readers through the steps of thinking like a global scholar in
theoretical, methodological, and practical terms, and it explains
the implications of global perspectives for research design.
How extreme-right antidemocratic governments around the world are
prioritizing profits over citizens, stoking catastrophic wildfires,
and accelerating global climate change. Recent years have seen
out-of-control wildfires rage across remote Brazilian rainforests,
densely populated California coastlines, and major cities in
Australia. What connects these separate events is more than
immediate devastation and human loss of life. In Global Burning,
Eve Darian-Smith contends that using fire as a symbolic and literal
thread connecting different places around the world allows us to
better understand the parallel, and related, trends of the growth
of authoritarian politics and climate crises and their
interconnected global consequences. Darian-Smith looks deeply into
each of these three cases of catastrophic wildfires and finds key
similarities in all of them. As political leaders and big business
work together in the pursuit of profits and power,
anti-environmentalism has become an essential political tool
enabling the rise of extreme right governments and energizing their
populist supporters. These are the governments that deny climate
science, reject environmental protection laws, and foster
exclusionary worldviews that exacerbate climate injustice. The
fires in Australia, Brazil and the United States demand
acknowledgment of the global systems of inequality that undergird
them, connecting the political erosion of liberal democracy with
the corrosion of the environment. Darian-Smith argues that these
wildfires are closely linked through capitalism, colonialism,
industrialization, and resource extraction. In thinking through
wildfires as environmental and political phenomenon, Global Burning
challenges readers to confront the interlocking powers that are
ensuring our future ecological collapse.
This text seeks to situate socio-legal studies in a global context.
Law and society scholarship in the United States and elsewhere
typically assumes one legal system and one society and explores the
relationship between them. Such a narrow endeavor perpetuates a
Western international relations model that too often conflates law,
culture and the nation-state. A more global socio-legal perspective
engages with multiple laws and societies within and across national
borders and recognizes diverse socio-legal systems based on very
different historical and cultural traditions, interacting on
multiple local, national and global levels. This more global
perspective also reveals an array of transnational issues including
regional conflicts, genocide, mass immigration, environmental
degradation, and climate change that have consistently defied
resolution via conventional international system of governance. The
approach to global legal pluralism outlined here seeks to provide a
framework for envisioning new global governance regimes that move
beyond state-based solutions to deal with trenchant transnational
challenges.
This text seeks to situate socio-legal studies in a global context.
Law and society scholarship in the United States and elsewhere
typically assumes one legal system and one society and explores the
relationship between them. Such a narrow endeavor perpetuates a
Western international relations model that too often conflates law,
culture and the nation-state. A more global socio-legal perspective
engages with multiple laws and societies within and across national
borders and recognizes diverse socio-legal systems based on very
different historical and cultural traditions, interacting on
multiple local, national and global levels. This more global
perspective also reveals an array of transnational issues including
regional conflicts, genocide, mass immigration, environmental
degradation, and climate change that have consistently defied
resolution via conventional international system of governance. The
approach to global legal pluralism outlined here seeks to provide a
framework for envisioning new global governance regimes that move
beyond state-based solutions to deal with trenchant transnational
challenges.
The book highlights the interconnections between three framing
concepts in the development of modern western law: religion, race,
and rights. The author challenges the assumption that law is an
objective, rational and secular enterprise by showing that the rule
of law is historically grounded and linked to the particularities
of Christian morality, the forces of capitalism dependent upon
exploitation of minorities, and specific conceptions of
individualism that surfaced with the Reformation in the sixteenth
century, and rapidly developed in the Enlightenment in the
seventeenth and eighteenth centuries. Drawing upon landmark legal
decisions and historical events, the book emphasizes that justice
is not blind because our concept of justice changes over time and
is linked to economic power, social values, and moral sensibilities
that are neither universal nor apolitical. Highlighting the
historical interconnections between religion, race and rights aids
our understanding of contemporary socio-legal issues. In the
twenty-first century, the economic might of the USA and the west
often leads toward a myopic vision of law and a belief in its
universal application. This ignores the cultural specificity of
western legal concepts, and prevents us from appreciating that,
analogous to past colonial periods, in a global political economy
Anglo-American law is not always transportable, transferable, or
translatable across political landscapes and religious communities.
'Darian-Smith's new book is an example of what is most exciting
about new scholarship in the humanities. It works across
disciplinary and methodological boundaries in its attempt to deal
with one of our most pressing current social problems - determining
the consequences of the sometimes violent interaction of race,
religion and law in times of social crisis. Darian-Smith explodes
the myth of secularism in modern society, and the illusion of
post-racialism, in her unblinking analysis of present dilemmas.
Once you read this book you will never again think that the western
concept of individual rights is sufficient to resolve the
contradictions of modern existence. This is a genuinely important
step forward in western scholarship' - Stanley Katz, President
Emeritus of the American Council of Learned Societies and
Professor, Woodrow Wilson School, Princeton University. 'Eve
Darian-Smith takes us on an amazing journey covering four centuries
that brilliantly illuminates the continuously evolving interplay of
law, religion, and race in the Anglo-American experience. This
wonderfully readable book is imaginatively organized around a
series of eight landmark 'law moments' that ingeniously show how
legal rights are always being subtly shaped by culturally
prevailing ideas about religion and race, a process that still goes
on in our supposedly 21st century secular world that claims to be
free of racism' - Richard Falk, Albert G. Milbank Professor of
International Law Emeritus, Princeton University. 'In this volume,
Eve Darian-Smith offers a passionate, wide-ranging analysis of the
complex, historically-vexed relations among religion, race, and
rights over the past four plus centuries. The book begins, in 1571,
with Martin Luther and ends, at the dawn of the new century, with
the discriminatory labor practices of Walmart, the recent crusades
of George Bush and his theocons, and the resurgence of religious
faith. By way of a well-chosen sequence of 'legal landmarks' - each
an historical drama in its own right, each a piece of theater in
which judicial processes take center stage - Darian-Smith develops
a compelling, complex critique of the law, of its inherent
ambiguities, its violence, its possibilities. And its historical
entailment in political, economic, social and ethical forces well
beyond itself, forces that, repeatedly, have opened up a yawning
gap between its ideological (self)representation and the realities
of its everyday practice. This is an ambitious work of scholarship,
one which, by virtue of brush strokes at once deft and broad,
challenges us to understand the legal underpinnings of our world in
new ways' - Jon Comaroff, University of Chicago.
The ability to deploy interdisciplinary theoretical perspectives
that speak to interconnected global dimensions is critical if one's
work is to be relevant and applicable to the emerging global-scale
issues of our time. The Global Turn is a guide for students and
scholars across all areas of the social sciences and humanities who
wish to embark on global-studies research projects. The authors
demonstrate how the global can be studied from a local perspective
and vice versa. They show how global processes manifest at multiple
levels-transnational, regional, national, and local-all of which
are interconnected and mutually constitutive. This book takes
readers through the steps of thinking like a global scholar in
theoretical, methodological, and practical terms, and it explains
the implications of global perspectives for research design.
Although postcolonialism is now the main mode in which the West's
relation to the "other" is critically explored, and although law
has been at the forefront of that very relation, a thorough
engagement between law and postcolonialism has not been pursued, in
part because this would drastically disrupt not just the persistent
orthodoxy of law and development but also the newly settled
consensus around legal globalization and international human rights
discourse. These essays break new ground in using the ideas of
postcolonialism in a critical analysis of the current consensus on
the international influence of Western law and on Western ideas of
law in general.
In perceptions of Western law there is an enduring disparity
between law's pervasive power and its fragility. Many of these
essays provide graphic accounts of law's tremendous shaping power
in that massive occidental movement which settled and unsettled the
globe. These accounts point to the West's encompassing and
transforming of other peoples and other legal systems in ways which
constitute and confirm the West in its own self-creation. Other
essays deal with situations "within" the West which show how its
identity is created, sustained, and also challenged in a constant
reference to those contrary "others" which a powerful law has
shaped and transformed. This challenge comes not least from the
resistance of those "others" --resistances that profoundly disrupt
the West and its law, revealing them as fractured at the seemingly
confident core of their own self-constitution.
Contributors include Antony Anghie, Rolando Gaete, Alan Norrie,
Dianne Otto, Paul Passavant, Jeannine Perdy, Colin Perrin, Annelise
Riles, Roshan de Silva, and John Strawson, in addition to the
editors.
Eve Darian-Smith is Assistant Professor of Anthropology, University
of California, Santa Barbara. Peter Fitzpatrick is Professor of
Law, Queen Mary and Westfield College, University of London.
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