This book follows the invention and transformation of unemployment, understood as a historically specific site of regulation. Taking key aspects of the history of unemployment in Britain as its focus, it argues that the ways in which authorities have defined and sought to manage the jobless have been remarkably varied. The book examines such institutionalized practices as the labor bureau, unemployment insurance, and the present "New Deal" as "technologies" of power. The result is a challenge to our thinking about welfare states.
This book follows the invention and transformation of unemployment, understood as a historically specific site of regulation. Taking key aspects of th...
The Ritual of Rights in Japan rejects the traditional view that Japan is a nation where overt conflict and the assertion of rights are unacceptable. It examines both mistorical events and contemporary policy, particularly recent battles over AIDS policy and the definition of death--in concluding that rights-based conflict is an important part of Japanese legal, political, and social practice. This book describes a nation where rights have become weapons in battles over politics and policy, asserted by those seeking both individual remedies and social change.
The Ritual of Rights in Japan rejects the traditional view that Japan is a nation where overt conflict and the assertion of rights are unacceptable. I...
Approaches to the relation of law and society have for a long time seen law as either autonomous or self-grounded in society. This book is a radically new approach that sees law as both derived from and constitutive of its surrounding social and cultural context. Drawing on the work of major theorists, this book examines the nature of law as it has descended from the Enlightenment, through to colonialism and now globalization. It is a significant contribution to legal philosophy, jurisprudence and socio-legal studies.
Approaches to the relation of law and society have for a long time seen law as either autonomous or self-grounded in society. This book is a radically...
Exploring the relationship between conceptions of nature and (largely American) legal thought and practice, this study focuses on the politics and pragmatics of "nature talk"--as expressed in extra-legal disputes as well as different forms of legal discourse. Topics include the forces of nature, endangered species, animal experiments and bestiality. David Delaney demonstrates throughout that nearly any analysis of "nature" entails an interpretation of the essence of "humanity."
Exploring the relationship between conceptions of nature and (largely American) legal thought and practice, this study focuses on the politics and pra...
This book is a unique analysis of the struggle to build a rule of law in one of the world's most dynamic and vibrant nations - a socialist state that is seeking to build a market economy while struggling to pursue an ethos of social equality and opportunity. It addresses constitutional change, the assertion of constitutional claims by citizens, the formation of a strong civil society and non-profit sector, the emergence of economic law and the battles over who is benefited by the economic regulation, labor law and the protection of migrant and export labor, the rise of lawyers and public...
This book is a unique analysis of the struggle to build a rule of law in one of the world's most dynamic and vibrant nations - a socialist state that ...
There is an ongoing perception that public accountability in modern-day governance is in 'crisis', caused by globalization and the increasing power of private economic interests. This book responds to that idea, providing the most comprehensive survey to date of how different organizations hold persons acting in the public interest to account, and the various problems they face. The book shows how key issues, such as public-mindedness, democracy and responsibility, and structures, such as bureaucracy, markets and transparency, adopt radically different and sometimes contradictory...
There is an ongoing perception that public accountability in modern-day governance is in 'crisis', caused by globalization and the increasing power of...
For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and Northern Norway, this book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can give valuable insights into methods of managing resources in a sustainable way.
For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenlan...
Human rights are now the dominant approach to social justice globally. But how do human rights work? What do they do? Drawing on anthropological studies of human rights work from around the world, this book examines human rights in practice. It shows how groups and organizations mobilize human rights language in a variety of local settings, often differently from those imagined by human rights law itself. The case studies reveal the contradictions and ambiguities of human rights approaches to various forms of violence. They show that this openness is not a failure of universal human rights as...
Human rights are now the dominant approach to social justice globally. But how do human rights work? What do they do? Drawing on anthropological studi...
As the Oslo Peace Process has given way to the violence of the second intifada, this book explores the continuing legacy of Oslo in the everyday life of the Israeli-Palestinian conflict. Taking a perspective that sees the Israeli-Palestinian conflict as a conflict over the distribution of legal rights, it focuses on the daily concerns of West Bank Palestinians, and explores the meanings, limitations and potential of legal claims in the context of the region's structures of governance. Kelly argues that fundamental contradictions in the process through which the West Bank has been ruled and...
As the Oslo Peace Process has given way to the violence of the second intifada, this book explores the continuing legacy of Oslo in the everyday life ...
Using a conceptual framework, this 2007 book examines the processes of legal reform in post-socialist countries such as China. Drawing on Bourdieu's concept of the 'field', the increasingly complex and contested processes of legal reform are analysed in relation to police powers. The impact of China's post-1978 legal reforms on police powers is examined through a detailed analysis of three administrative detention powers: detention for education of prostitutes; coercive drug rehabilitation; and re-education through labour. The debate surrounding the abolition in 1996 of detention for...
Using a conceptual framework, this 2007 book examines the processes of legal reform in post-socialist countries such as China. Drawing on Bourdieu's c...