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Law research students often begin their PhDs without having an awareness of methodology, or the opportunity to think about the practice of research and its theoretical implications. Law Schools are, however, increasingly alive to the need to provide training in research methods to their students. They are also alive to the need to develop the research capacities of their early career scholars, not least for the Research Excellence Framework exercise. This book offers a structured approach to doing so, focusing on issues of methodology - ie, the theoretical elements of research - within the context of EU and international law. The book can be used alone, or could form the basis of a seminar-b...
Taking a critical attitude of dissatisfaction towards rights, the central premise of this book is that rights are technologies of governmentality. They are a regulating discourse that is itself managed through governing tactics and techniques – hence governing (through) rights. Part I examines the 'problem of government' (through) rights. The opening chapter describes governmentality as a methodology that is then used to interrogate the relationship between rights and governance in three contexts: the international, regional and local. How rights regulate certain identities and conceptions of what is good governance is examined through the case study of non-state actors, specifically the N...
The second edition of this book examines the law relating to employment industrial relations, and labour market regulation in the United Kingdom, including relevant dimensions of EC law and policy.
The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an array of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended though the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.
This book focuses on Michel Foucault's late work on rights in order to address broader questions about the politics of rights in the contemporary era. As several commentators have observed, something quite remarkable happens in this late work. In his early career, Foucault had been a great critic of the liberal discourse of rights. Suddenly, from about 1976 onward, he makes increasing appeals to rights in his philosophical writings, political statements, interviews, and journalism. He not only defends their importance; he argues for rights new and as-yet-unrecognized. Does Foucault simply revise his former positions and endorse a liberal politics of rights? Ben Golder proposes an answer to t...
Tracks the critical conceptual vocabularies and the gendered subaltern politics of rights and human rights in South Asia.
This title provides a collection which fully addresses the relevance of Foucault's thought for law. The book provides an in-depth analysis of Foucault's thought as it pertains to the crucial questions of law, government and rights.
This timely book calls for a critical re-evaluation of university legal education, with the particular aim of strengthening its academic nature. It emphasizes lecturers’ responsibility to challenge the assumptions students have about law, and the importance of putting law in a theoretical and social context that allows for critical reflection and sceptical detachment. In addition, the book reports upon teaching experiences and innovations, offering tools for teachers to strengthen the academic nature of legal education.
The measurement of human rights has long been debated within the various academic disciplines that focus on human rights, as well as within the larger international community of practitioners working in the field of human rights. Written by leading experts in the field, this is the most up-to-date and comprehensive book on how to measure human rights. Measuring Human Rights: draws explicitly on the international law of human rights to derive the content of human rights that ought to be measured contains a comprehensive methodological framework for operationalizing this human rights content into human rights measures includes separate chapters on the methods, strengths and biases of different...
The Critical Legal Pocketbook provides the tools for law students to uncover the hidden intricacies of law. Law creates an ethical and rational facade for itself, but beneath the surface you will find that it has its monsters; the leviathan of the state, the golems of racism and misogyny, the hydra of coloniality, the vampire of capitalism. These roam throughout law's subterranean structures. At the same time, law is often painted as a heroic defence of the innocent against these terrors. Legal education likes to forget the ways that law was essential in generating structures of domination and subjection. The Critical Legal Pocketbook casts a different light on the law, illuminating some of ...