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This book explores the shortcomings of the criminal justice
system's response to sexual violence. Despite a plethora of legal
and policy reforms, concerns remain regarding the conviction rates
for rape and the extent to which cases fall out of the system.
Ample research has highlighted the ongoing impact of 'rape myths'
and the presence of an 'implementation gap' whereby policies,
provisions and measures - proposed in order to improve the system's
response - are frequently not brought into practice, nor utilised
as expected. Rape and the Criminal Trial proposes a move beyond
representational theory and towards New Materialism and affects, a
school of thought which emphasises the importance of embodiment and
the ontological intensive regime as necessary in order to generate
radical new approaches for understanding this problematic status
quo, and in order to move forward to the production of more
effective solutions.
This collection of essays explores the different ways the insights
from complexity theory can be applied to law. Complexity theory - a
variant of systems theory - views law as an emergent, complex,
self-organising system comprised of an interactive network of
actors and systems that operate with no overall guiding hand,
giving rise to complex, collective behaviour in law communications
and actions. Addressing such issues as the unpredictability of
legal systems, the ability of legal systems to adapt to changes in
society, the importance of context, and the nature of law, the
essays look to the implications of a complexity theory analysis for
the study of public policy and administrative law, international
law and human rights, regulatory practices in business and finance,
and the practice of law and legal ethics. These are areas where
law, which craves certainty, encounters unending, irresolvable
complexity. This collection shows the many ways complexity theory
thinking can reshape and clarify our understanding of the various
problems relating to the theory and practice of law.
Deleuze & Guattari: Emergent Law is an exposition and
development of Deleuze & Guattari's legal theory. Although
there has been considerable interest in Deleuze & Guattari in
critical legal studies, as well as considerable interest in
legality in Deleuze & Guattari studies, this is the first book
to focus exclusively on Deleuze & Guattari and law. Situating
Deleuze & Guattari's engagement with social organisation and
legality in the context of their theory of 'abstract machines' and
'intensive assemblages', Jamie Murray presents their theory of law
as that of a two-fold conception of, first, a transcendent molar
law and, second, an immanent molecular emergent law. Transcendent
molar legality is the traditional object of legal theory. And, as
explicated here, immanent molecular emergent law is the novel
juridical object that Deleuze & Guattari identify. Developing
this conception, Deleuze & Guattari: Emergent Law draws out its
implications for current and for future legal theory; arguing that
it provides the basis for a new jurisprudence capable of creating
new concepts of legality.
Deleuze & Guattari: Emergent Law is an exposition and
development of Deleuze & Guattari's legal theory. Although
there has been considerable interest in Deleuze & Guattari in
critical legal studies, as well as considerable interest in
legality in Deleuze & Guattari studies, this is the first book
to focus exclusively on Deleuze & Guattari and law. Situating
Deleuze & Guattari's engagement with social organisation and
legality in the context of their theory of 'abstract machines' and
'intensive assemblages', Jamie Murray presents their theory of law
as that of a two-fold conception of, first, a transcendent molar
law and, second, an immanent molecular emergent law. Transcendent
molar legality is the traditional object of legal theory. And, as
explicated here, immanent molecular emergent law is the novel
juridical object that Deleuze & Guattari identify. Developing
this conception, Deleuze & Guattari: Emergent Law draws out its
implications for current and for future legal theory; arguing that
it provides the basis for a new jurisprudence capable of creating
new concepts of legality.
This collection of essays explores the different ways the insights
from complexity theory can be applied to law. Complexity theory - a
variant of systems theory - views law as an emergent, complex,
self-organising system comprised of an interactive network of
actors and systems that operate with no overall guiding hand,
giving rise to complex, collective behaviour in law communications
and actions. Addressing such issues as the unpredictability of
legal systems, the ability of legal systems to adapt to changes in
society, the importance of context, and the nature of law, the
essays look to the implications of a complexity theory analysis for
the study of public policy and administrative law, international
law and human rights, regulatory practices in business and finance,
and the practice of law and legal ethics. These are areas where
law, which craves certainty, encounters unending, irresolvable
complexity. This collection shows the many ways complexity theory
thinking can reshape and clarify our understanding of the various
problems relating to the theory and practice of law.
This book explores the shortcomings of the criminal justice
system's response to sexual violence. Despite a plethora of legal
and policy reforms, concerns remain regarding the conviction rates
for rape and the extent to which cases fall out of the system.
Ample research has highlighted the ongoing impact of 'rape myths'
and the presence of an 'implementation gap' whereby policies,
provisions and measures - proposed in order to improve the system's
response - are frequently not brought into practice, nor utilised
as expected. Rape and the Criminal Trial proposes a move beyond
representational theory and towards New Materialism and affects, a
school of thought which emphasises the importance of embodiment and
the ontological intensive regime as necessary in order to generate
radical new approaches for understanding this problematic status
quo, and in order to move forward to the production of more
effective solutions.
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