A longitudinal case study of Chile that assesses competing hypotheses regarding judicial behavior in both democratic and undemocratic contexts, this book explores the relevance of regime-related factors, judges' personal policy preferences, social class, and legal philosophy, but argues that institutional features grounded in the ideal of "apoliticism" best explain the persistent failure of Chilean judges to take stands in defense of rights and rule of law principles, before, during, and after the authoritarian interlude. Dr. Hilbink offers comparative examples to support broader theoretical...
A longitudinal case study of Chile that assesses competing hypotheses regarding judicial behavior in both democratic and undemocratic contexts, this b...
The South African Truth and Reconciliation Commission (TRC) was set up to deal with the human rights violations of apartheid. However, the TRC's restorative justice approach did not always serve the needs of communities at a local level. Based on extended anthropological fieldwork, this book illustrates the impact of the TRC in urban African communities in Johannesburg. It argues that the TRC had little effect on popular ideas of justice as retribution. This provocative study deepens our understanding of post-apartheid South Africa and the use of human rights discourse.
The South African Truth and Reconciliation Commission (TRC) was set up to deal with the human rights violations of apartheid. However, the TRC's resto...
By taking up the challenge of documenting how human rights values are embedded in rule of law movements to produce a new language of international justice that competes with a range of other formations, this book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices. These micropractices include speech acts that revere the protection of international rights, citation references to treaty documents, the brokering of human rights agendas, the rewriting of national constitutions, demonstrations of religiosity that make...
By taking up the challenge of documenting how human rights values are embedded in rule of law movements to produce a new language of international jus...
Child pornography and sexual grooming provide case study exemplars of problems that society and law have sought to tackle to avoid both actual and potential harm to children. Yet despite the considerable legal, political and societal concern that these critical phenomena attract, they have not, thus far, been subjected to detailed socio-legal and theoretical scrutiny. How do society and law construct the harms of child pornography and grooming? What impact do constructions of the child have upon legal and societal responses to these phenomena? What has been the impetus behind the expanding...
Child pornography and sexual grooming provide case study exemplars of problems that society and law have sought to tackle to avoid both actual and pot...
Planted Flags tells an extraordinary story about the mundane uses of law and landscape in the war between Israelis and Palestinians. The book is structured around the two dominant tree landscapes in Israel/Palestine: pine forests and olive groves. The pine tree, which is usually associated with the Zionist project of afforesting the Promised Land, is contrasted with the olive tree, which Palestinians identify as a symbol of their steadfast connection to the land. What is it that makes these seemingly innocuous, even natural, acts of planting, cultivating, and uprooting trees into acts of war?...
Planted Flags tells an extraordinary story about the mundane uses of law and landscape in the war between Israelis and Palestinians. The book is struc...
This book examines and discusses the ordeals that women face as violence is perpetrated against them in politically conflicted and militarized areas. In conflict zones, every act is affected by, dependent on and mobilised by militaristic values. The militarization of both the private and public space and the use of the gendered bodies increases the vulnerability of both men and women, and further masculinises the patriarchal hegemonic powers. Through the stories and ordeals of women in politically conflicted areas and war zones, and by sharing voices of Palestinian women from the Occupied...
This book examines and discusses the ordeals that women face as violence is perpetrated against them in politically conflicted and militarized areas. ...
The International Criminal Tribunal for the former Yugoslavia (ICTY) struggled to apprehend and try high-profile defendants like the Serbian leader Slobodan Milo evi, and often received more criticism than praise. This volume argues that the underappreciated court has in fact made a substantial contribution to Bosnia and Herzegovina s transition to democracy. Based on more than three years of field research and several hundred interviews, this study brings together multiple research methods, including surveys, ethnography, and archival materials, to show the court s impact on five segments of...
The International Criminal Tribunal for the former Yugoslavia (ICTY) struggled to apprehend and try high-profile defendants like the Serbian leader Sl...
How do Family and Medical Leave Act rights operate in practice in the courts and in the workplace? This empirical study examines how institutions and social practices transform the meaning of these rights to recreate inequality. Workplace rules and norms built around the family wage ideal, the assumption that disability and work are mutually exclusive, and management s historical control over time all constrain opportunities for social change. Yet workers can also mobilize rights as a cultural discourse to change the social meaning of family and medical leave. Drawing on theoretical...
How do Family and Medical Leave Act rights operate in practice in the courts and in the workplace? This empirical study examines how institutions and ...
