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Founded in 1997, Cambridge Studies in Law and Society is a hub for leading scholarship in socio-legal studies. Located at the intersection of law, the humanities, and the social sciences, it publishes empirically innovative and theoretically sophisticated work on law's manifestations in everyday life: from discourses to practices, and from institutions to cultures. The series editors have longstanding expertise in the interdisciplinary study of law, and welcome contributions that place legal phenomena in national, comparative, or international perspective. Series authors come from a range of disciplines, including anthropology, history, law, literature, political science, and sociology.

  • Series Editors: Mark Fathi Massoud, University of California, Santa Cruz, Jens Meierhenrich, London School of Economics and Political Science, Rachel E. Stern, University of California, Berkeley

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139 results in Cambridge Studies in Law and Society

Page 5 of 7

Lost in China?
  • Law, Culture and Identity in Post-1997 Hong Kong
  • Carol A. G. Jones
  • Published online:
    05 May 2015
    Print publication:
    30 April 2015
  • Rule of law is a core Hong Kong value, providing a defensive wall around the territory and protecting its way of life against 'mainlandisation'. Before the 1997 retrocession to China, fears were widespread that the rights and freedoms enjoyed under colonial rule would be eroded, that the rule of law would be weakened and that corruption would increase. Soon, the first blows were struck against the rule of law via an NPCSC ruling which overturned the judgment of the Court of Final Appeal. Successive interventions by Beijing in Hong Kong's legal and political affairs have given rise to fears about the loss of the rule of law and loss of identity. These fears have subsequently provoked mass street demonstrations, including the 'Umbrella Revolution' of 2014. But, as this book shows, Hong Kongers also use less explicit arts of resistance to maintain their identity.

The Clinic and the Court
  • Law, Medicine and Anthropology
  • Edited by Ian Harper, Tobias Kelly, Akshay Khanna
  • Published online:
    05 May 2015
    Print publication:
    30 April 2015
  • Law and medicine can be caught in a tight embrace. They both play a central role in the politics of harm, making decisions regarding what counts as injury and what might be the most suitable forms of redress or remedy. But where do law and medicine converge and diverge in their responses to and understandings of harm and suffering? Using empirical case studies from Europe, the Americas and Africa, The Clinic and the Court brings together leading medical and legal anthropologists to explore this question.

Security Theology, Surveillance and the Politics of Fear
  • Nadera Shalhoub-Kevorkian
  • Published online:
    05 May 2015
    Print publication:
    28 May 2015
  • This examination of Palestinian experiences of life and death within the context of Israeli settler colonialism broadens the analytical horizon to include those who 'keep on existing' and explores how Israeli theologies and ideologies of security, surveillance and fear can obscure violence and power dynamics while perpetuating existing power structures. Drawing from everyday aspects of Palestinian victimization, survival, life and death, and moving between the local and the global, Nadera Shalhoub-Kevorkian introduces and defines her notion of 'Israeli security theology' and the politics of fear within Palestine/Israel. She relies on a feminist analysis, invoking the intimate politics of the everyday and centering the Palestinian body, family life, memory and memorialization, birth and death as critical sites from which to examine the settler colonial state's machineries of surveillance which produce and maintain a political economy of fear that justifies colonial violence.

Opposing the Rule of Law
  • How Myanmar's Courts Make Law and Order
  • Nick Cheesman
  • Published online:
    05 April 2015
    Print publication:
    12 March 2015
  • The rule of law is a political ideal today endorsed and promoted worldwide. Or is it? In a significant contribution to the field, Nick Cheesman argues that Myanmar is a country in which the rule of law is 'lexically present but semantically absent'. Charting ideas and practices from British colonial rule through military dictatorship to the present day, Cheesman calls upon political and legal theory to explain how and why institutions animated by a concern for law and order oppose the rule of law. Empirically grounded in both Burmese and English sources, including criminal trial records and wide ranging official documents, Opposing the Rule of Law offers the first significant study of courts in contemporary Myanmar. It sheds new light on the politics of courts during dark times and sharply illuminates the tension between the demand for law and the imperatives of order.

Transnational Legal Orders
  • Edited by Terence C. Halliday, Gregory Shaffer
  • Published online:
    05 February 2015
    Print publication:
    19 January 2015
  • This book offers a path-breaking, empirically grounded theory that reframes the study of law and society. It shifts research from a predominantly national context to one that places transnational, national and local lawmaking and practice within a single, coherent, analytic frame. By presenting and elaborating a new concept, transnational legal orders, Halliday and Shaffer present an original approach to legal orders that affect fundamental economic and social behaviors. The contributors generate arrays of hypotheses about how transnational legal orders rise and fall, where they compete and cooperate, and how they settle and unsettle. This original theory is applied and developed by distinguished scholars from North America, Europe and Asia in business law (taxation, corporate bankruptcy, secured transactions, transport of goods by sea), regulatory law (monetary and trade, finance, food safety, climate change), and human rights law (civil and political rights, rule of law, right to health/access to medicines, human trafficking, criminal accountability of political leaders).

The Contentious History of the International Bill of Human Rights
  • Christopher N. J. Roberts
  • Published online:
    05 November 2014
    Print publication:
    31 October 2014
  • Today, the idea of human rights enjoys near-universal support; yet, there is deep disagreement about what human rights actually are - their true source of origin, how to study them, and how best to address their deficits. In this sweeping historical exploration, Christopher N. J. Roberts traces these contemporary conflicts back to their moments of inception and shows how more than a half century ago a series of contradictions worked their way into the International Bill of Human Rights, the foundation of the modern system of human rights. By viewing human rights as representations of human relations that emerge from struggle, this book charts a new path into the subject of human rights and offers a novel theory and methodology for rigorous empirical study.

The Experiences of Face Veil Wearers in Europe and the Law
  • Edited by Eva Brems
  • Published online:
    05 September 2014
    Print publication:
    11 September 2014
  • One of the most remarkable aspects pertaining to the legal bans and societal debates on the face veil in Europe is that they rely on assumptions which lack any factual basis. To rectify this, Eva Brems researched the experiences of women who wear a face veil in Belgium and brought her research results together with those of colleagues who did the same in four other European countries. Their findings, which are outlined in this volume, move the current discussion on face veil bans forward by providing a much-needed insider perspective. In addition, a number of legal and social science scholars comment on the empirical findings and on the face veil issue more generally.

Modernism and the Grounds of Law
  • Peter Fitzpatrick
  • Published online:
    05 July 2014
    Print publication:
    02 May 2001
  • Existing approaches to the relation of law and society have for a long time seen law as either autonomous or grounded in society. Drawing on untapped resources in social theory, Fitzpatrick finds law pivotally placed in and beyond modernity. Being itself of the modern, law takes impetus and identity from modern society and, through incorporating 'pre-modern' elements of savagery and the sacred, it comes to constitute that very society. When placing law in such a crucial position for modernity, Fitzpatrick ranges widely from the colonizations of the Americas, through the thought of the European Enlightenment, and engages finally with contemporary arrogations of the 'global'. By extending his previous work on the origins of modernity, this book makes a significant contribution to continuing developments in law and society, legal philosophy, and jurisprudence.

Religion, Law and Society
  • Russell Sandberg
  • Published online:
    05 June 2014
    Print publication:
    08 May 2014
  • Issues concerning religion in the public sphere are rarely far from the headlines. As a result, scholars have paid increasing attention to religion. These scholars, however, have generally stayed within the confines of their own respective disciplines. To date there has been little contact between lawyers and sociologists. Religion, Law and Society explores whether, how and why law and religion should interact with the sociology of religion. It examines sociological and legal materials concerning religion in order to find out what lawyers and sociologists can learn from each other. A groundbreaking, provocative and thought-provoking book, it is essential reading for lawyers, sociologists and all who are interested in the relationship between religion, law and society in the twenty-first century.

Rights for Others
  • The Slow Home-Coming of Human Rights in the Netherlands
  • Barbara Oomen
  • Published online:
    05 December 2013
    Print publication:
    28 November 2013
  • Rights for Others is an empirical study of what happens when international human rights are applied domestically in The Netherlands. It tracks recent debates in Dutch society on citizenship and the rights of immigrants, and analyses the shift from the perception of human rights as a 'foreign policy concern' to the slow processes of homecoming in what has traditionally been a left-wing society, but now includes many more right-wing political parties. Adopting an interdisciplinary approach, Oomen combines insights from law, sociology and anthropology to explain how rights gain significance in framing social and political discussions. The book provides comprehensive coverage on relevant constitutional law, legal culture and rights realization as well as discussing case material on human rights education, polarization, socio-economic rights, domestic violence and the rights of minorities. This is an invaluable contribution to the global fields of human rights and socio-legal studies for scholars and researchers.

Complementarity in the Line of Fire
  • The Catalysing Effect of the International Criminal Court in Uganda and Sudan
  • Sarah M. H. Nouwen
  • Published online:
    05 November 2013
    Print publication:
    27 June 2013
  • Of the many expectations attending the creation of the first permanent International Criminal Court, the greatest has been that the principle of complementarity would catalyse national investigations and prosecutions of conflict-related crimes and lead to the reform of domestic justice systems. Sarah Nouwen explores whether complementarity has had such an effect in two states subject to ICC intervention: Uganda and Sudan. Drawing on extensive empirical research and combining law, legal anthropology and political economy, she unveils several effects and outlines the catalysts for them. However, she also reveals that one widely anticipated effect – an increase in domestic proceedings for conflict-related crimes – has barely occurred. This finding leads to the unravelling of paradoxes that go right to the heart of the functioning of an idealistic Court in a world of real constraints.

European States and their Muslim Citizens
  • The Impact of Institutions on Perceptions and Boundaries
  • Edited by John R. Bowen, Christophe Bertossi, Jan Willem Duyvendak, Mona Lena Krook
  • Published online:
    05 October 2013
    Print publication:
    07 October 2013
  • This book responds to the often loud debates about the place of Muslims in Western Europe by proposing an analysis based in institutions, including schools, courts, hospitals, the military, electoral politics, the labor market, and civic education courses. The contributors consider the way people draw on practical schemas regarding others in their midst who are often categorized as Muslims. Chapters based on fieldwork and policy analysis across several countries examine how people interact in their everyday work lives, where they construct moral boundaries, and how they formulate policies concerning tolerable diversity, immigration, discrimination, and political representation. Rather than assuming that each country has its own national ideology that explains such interactions, contributors trace diverse pathways along which institutions complicate or disrupt allegedly consistent national ideologies. These studies shed light on how Muslims encounter particular faces and facets of the state as they go about their lives, seeking help and legitimacy as new citizens of a fast-changing Europe.

Why Prison?
  • Edited by David Scott
  • Published online:
    05 September 2013
    Print publication:
    29 August 2013
  • Prison studies has experienced a period of great creativity in recent years, and this collection draws together some of the field's most exciting and innovative contemporary critical writers in order to engage directly with one of the most profound questions in penology - why prison? In addressing this question, the authors connect contemporary penological thought with an enquiry that has received the attention of some of the greatest thinkers on punishment in the past. Through critical exploration of the theories, policies and practices of imprisonment, the authors analyse why prison persists and why prisoner populations are rapidly rising in many countries. Collectively, the chapters provide not only a sophisticated diagnosis and critique of global hyper-incarceration but also suggest principles and strategies that could be adopted to radically reduce our reliance upon imprisonment.

Political and Legal Transformations of an Indonesian Polity
  • The Nagari from Colonisation to Decentralisation
  • Franz von Benda-Beckmann, Keebet von Benda-Beckmann
  • Published online:
    05 September 2013
    Print publication:
    15 August 2013
  • Political and Legal Transformations of an Indonesian Polity is a long-term study of the historical transformations of the Minangkabau polity of nagari, property relations and the ever-changing dynamic relationships between Minangkabau matrilineal adat law, Islamic law and state law. While the focus is on the period since the fall of President Suharto in 1998, the book charts a long history of political and legal transformations before and after Indonesia's independence, in which the continuities are as notable as the changes. It also throws light on the transnational processes through which legal and political ideas spread and acquire new meanings. The multi-temporal historical approach adopted is also relevant to the more general discussions of the relationship between anthropology and history, the creation of customary law, identity construction, and the anthropology of colonialism.

Human Rights under State-Enforced Religious Family Laws in Israel, Egypt and India
  • Yüksel Sezgin
  • Published online:
    05 August 2013
    Print publication:
    22 August 2013
  • About one-third of the world's population currently lives under pluri-legal systems where governments hold individuals subject to the purview of ethno-religious rather than national norms in respect to family law. How does the state-enforcement of these religious family laws impact fundamental rights and liberties? What resistance strategies do people employ in order to overcome the disabilities and limitations these religious laws impose upon their rights? Based on archival research, court observations and interviews with individuals from three countries, Yüksel Sezgin shows that governments have often intervened in order to impress a particular image of subjectivity upon a society, while people have constantly challenged the interpretive monopoly of courts and state-sanctioned religious institutions, re-negotiated their rights and duties under the law, and changed the system from within. He also identifies key lessons and best practices for the integration of universal human rights principles into religious legal systems.

Pakistan's Experience with Formal Law
  • An Alien Justice
  • Osama Siddique
  • Published online:
    05 July 2013
    Print publication:
    20 June 2013
  • Law reform in Pakistan attracts such disparate champions as the Chief Justice of Pakistan, the USAID and the Taliban. Common to their equally obsessive pursuit of 'speedy justice' is a remarkable obliviousness to the historical, institutional and sociological factors that alienate Pakistanis from their formal legal system. This pioneering book highlights vital and widely neglected linkages between the 'narratives of colonial displacement' resonant in the literature on South Asia's encounter with colonial law and the region's postcolonial official law reform discourses. Against this backdrop, it presents a typology of Pakistani approaches to law reform and critically evaluates the IFI-funded single-minded pursuit of 'efficiency' during the last decade. Employing diverse methodologies, it proceeds to provide empirical support for a widening chasm between popular, at times violently expressed, aspirations for justice and democratically deficient reform designed in distant IFI headquarters that is entrusted to the exclusive and unaccountable Pakistani 'reform club'.

Law's Fragile State
  • Colonial, Authoritarian, and Humanitarian Legacies in Sudan
  • Mark Fathi Massoud
  • Published online:
    05 June 2013
    Print publication:
    27 May 2013
  • How do a legal order and the rule of law develop in a war-torn state? Using his field research in Sudan, the author uncovers how colonial administrators, postcolonial governments and international aid agencies have used legal tools and resources to promote stability and their own visions of the rule of law amid political violence and war in Sudan. Tracing the dramatic development of three forms of legal politics - colonial, authoritarian and humanitarian - this book contributes to a growing body of scholarship on law in authoritarian regimes and on human rights and legal empowerment programs in the Global South. Refuting the conventional wisdom of a legal vacuum in failed states, this book reveals how law matters deeply even in the most extreme cases of states still fighting for political stability.

Environmental Litigation in China
  • A Study in Political Ambivalence
  • Rachel E. Stern
  • Published online:
    05 February 2013
    Print publication:
    11 March 2013
  • This is a book about the improbable: seeking legal relief for pollution in contemporary China. In a country known for tight political control and ineffectual courts, Environmental Litigation in China unravels how everyday justice works: how judges make decisions, why lawyers take cases, and how international influence matters. It is a readable account of how the leadership's mixed signals and political ambivalence play out on the ground - propelling some, such as the village doctor who fought a chemical plant for more than a decade, even as others back away from risk. Yet this remarkable book shows that even in a country where expectations would be that law wouldn't much matter, environmental litigation provides a sliver of space for legal professionals to explore new roles and, in so doing, probe the boundary of what is politically possible.

Transnational Legal Ordering and State Change
  • Edited by Gregory C. Shaffer
  • Published online:
    05 December 2012
    Print publication:
    26 November 2012
  • Law can no longer be viewed through a purely national lens. Transnational legal ordering affects the boundary of the state and the market, the allocation of power among national institutions, the role of professions and their expertise, and associational patterns that provide new normative frames. This book breaks new ground for understanding the impacts of transnational legal ordering within nation-states in today's globalized world. The book addresses the different dimensions of state change at stake and the factors that determine these impacts. It brings together leading scholars from sociology and law who study the effects of transnational legal ordering within different countries. Their case studies illustrate how transnational legal ordering interacts with national law and institutions in different regulatory areas, and cover anti-money laundering, bankruptcy, competition, education, intellectual property, health, and municipal water law and policy in different countries. The book explains the extent and limits of transnational legal ordering in today's world.

Legal Mobilization under Authoritarianism
  • The Case of Post-Colonial Hong Kong
  • Waikeung Tam
  • Published online:
    05 December 2012
    Print publication:
    29 November 2012
  • Legal mobilization is the process by which individuals invoke their legal rights and use litigation to defend or develop these rights against the government. In recent years, increasing attention has been paid to this phenomenon as it occurs under authoritarian regimes. It is often suggested that, in such situations, legal mobilization is caused by the strategic interests of the ruling elites. Using the case study of post-colonial Hong Kong, where legal mobilization has by no means unfolded as political authorities would wish, Waikeung Tam casts doubt on this contention. To do so, he examines in depth why and how legal mobilization arises under authoritarianism. Tam analyses quantitative data of changes in the Hong Kong judiciary agendas over the last three decades and uses detailed interviews with activists, politicians, cause lawyers, judges and government officials to reveal the complex underlying socio-political forces at play.

Page 5 of 7