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Showing 1 - 9 of 9 matches in All Departments
Lawyers and the Construction of Transnational Justice will show students and scholars what it means in practice to talk about building transnational justice - both on the side of economic regulation and on the side of human rights and humanitarian law. It links national and transnational processes, tracing the activities of lawyers with their successful and less successful strategies to build institutions and credibility for a transnational legal field. Examples include developments in international criminal justice, including the unsuccessful quest to establish universal jurisdiction for the prosecution of human rights violators; the very successful efforts to build transnational trade and intellectual property regimes; and the relative success in building a European legal field. The introductory and concluding chapters by the co-editors, drawing on the sociology of Pierre Bourdieu, link the chapters together and explore the possibilities for a more institutionalized and unified transnational legal field - bridging the economic and corporate side with the human rights and humanitarian side.Addressing a range of international issues, Lawyers and the Construction of Transnational Justice is a major contribution to the field of sociology of law, as well as to debates about global governance.
Lawyers and the Rule of Law in an Era of Globalization focuses on the national and transnational processes transforming both the rule of law and the role of lawyers. Drawing on detailed empirical work, the contributors all examine the relationship between law, politics, and the state; focusing on lawyers and the social capital they posses and deploy, in order to understand the efficacy of the rule of law in different polities.
Lawyers and the Construction of Transnational Justice will show students and scholars what it means in practice to talk about building transnational justice both on the side of economic regulation and on the side of human rights and humanitarian law. It links national and transnational processes, tracing the activities of lawyers with their successful and less successful strategies to build institutions and credibility for a transnational legal field. Examples include developments in international criminal justice, including the unsuccessful quest to establish universal jurisdiction for the prosecution of human rights violators; the very successful efforts to build transnational trade and intellectual property regimes; and the relative success in building a European legal field. The introductory and concluding chapters by the co-editors, drawing on the sociology of Pierre Bourdieu, link the chapters together and explore the possibilities for a more institutionalized and unified transnational legal field bridging the economic and corporate side with the human rights and humanitarian side. Addressing a range of international issues, Lawyers and the Construction of Transnational Justice is a major contribution to the field of sociology of law, as well as to debates about global governance.
Lawyers and the Rule of Law in an Era of Globalization focuses on the national and transnational processes transforming both the rule of law and the role of lawyers. The book draws on a framework that emphasizes the relationship between the national and the international, the strategies of lawyers at various political levels, and the circulation of ideas and people. As such, it considers the 'rule of law', not as a normative ideal that has to be accomplished and realized, but rather as a field of action and discourse that emerges through complex relationships among experts, national elites and global institutions. Through detailed empirical work, the contributors all examine the relationship between law, politics, and the state; focusing on lawyers and the social capital they posses and deploy, in order to understand the efficacy of the rule of law in different polities. Lawyers and the Rule of Law in an Era of Globalization will be invaluable for socio-legal scholars, students of the legal profession, as well as those with interests in law and development studies.
More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, "Asian Legal Revivals" explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia. Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences - and considering how those experiences have laid the foundation for those societies' legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over three hundred and fifty interviews, "Asian Legal Revivals" illuminates the recent past and the present of these legally changing nations and explains the profession's recent revival of influence, as spurred on by American geopolitical and legal interests.
In recent years, international business disputes have increasingly been resolved through private arbitration. The first book of its kind, Dealing in Virtue details how an elite group of transnational lawyers constructed an autonomous legal field that has given them a central and powerful role in the global marketplace. Building on Pierre Bourdieu's structural approach, the authors show how an informal, settlement-oriented system became formalized and litigious. Integral to this new legal field is the intense personal competition among arbitrators to gain a reputation for virtue -- including expertise in international arenas -- that will lead to selection for arbitration panels. Since arbitration fees have skyrocketed, this is a high-stakes game. Using multiple examples, Dezalay and Garth explore how international developments can transform domestic methods for handling disputes and analyze the changing prospects for international business dispute resolution given the growing presence of such international market and regulatory institutions such as the EEC, NAFTA, and the WTO.
How does globalization work? Focusing on Latin America, Yves
Dezalay and Bryant G. Garth show that exports of expertise and
ideals from the United States to Argentina, Brazil, Chile, and
Mexico have played a crucial role in transforming their state forms
and economies since World War II.
A free open access ebook is available upon publication. Learn more at www.luminosoa.org This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the conjoined global histories of law and social change from the Middle Ages to today. It examines the global proliferation of large corporate law firms-a US invention-along with US legal education approaches geared toward those corporate law firms. This neoliberal-inspired revolution attacks complacent legal oligarchies in the name of America-inspired modernism. Drawing on the combined histories of the legal profession, imperial transformations, and the enduring and conservative role of cosmopolitan elites at the top of legal hierarchies, the book details case studies in India, Hong Kong, South Korea, Japan, and China to explain how interconnected legal histories are stories of both revolution and reproduction. Theoretically and methodologically ambitious, it offers a wholly new approach to studying interrelated fields across time and geographies.
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