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The Internationalisation of Legal Education
For graduate lawyers to succeed in a global environment, legal education in every system must undergo revolutionary change. Professors van Caenegem and Hiscock explore in detail the new initiatives that are emerging as a response to this development an
The Limits of Transnational Law
State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.
Law and Democracy
Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices: How should the meaning of ‘the people’ in the Australian Constitution be defined by the High Court of Australia?How do developing judicial conceptions of democracy define citizenship?What is the legal right to participate in the political community?Should political advisors to Ministers be sub...
Experts, Networks and International Law
This book highlights the power, influence and effectiveness of experts and networks as new forms of international governance.
Religion, Gender, and the Public Sphere
The re-emergence of religion as a significant cultural, social and political, force is not gender neutral. Tensions between claims for women’s equality and the rights of sexual minorities on one side and the claims of religions on the other side are well-documented across all major religions and regions. It is also well recognized in feminist scholarship that gender identities and ethno-religious identities work together in complex ways that are often exploited by dominant groups. Hence, a more comprehensive understanding of the changing role and influence of religion in the public sphere more widely requires complex, multidisciplinary and comparative gender analyses. Most recent discussio...
Biopolitics and Structure in Legal Education
Taking up the study of legal education in distinctly biopolitical terms, this book provides a critical and political analysis of structure in the law school. Legal education concerns the complex pathways by which an individual becomes a lawyer, making the journey from lay-person to expert, from student to practitioner. To pose the idea of a biopolitics of legal education is not only to recognise the tensions surrounding this journey, but also to recognise that legal education is a key site in which the subject engages, and is engaged by, a particular structure—and here the particular structure of the law school. This book explores that structure by addressing the characteristics of the bio...
Architecture as Cultural and Political Discourse
This book is concerned with cultural and political discourses that affect the production of architecture. It examines how these discursive mechanisms and technologies combine to normalise and aestheticise everyday practices. It queries the means by which buildings are appropriated to give shape and form to political aspirations and values. Architecture is not overtly political. It does not coerce people to behave in certain ways. However, architecture is constructed within the same rules and practices whereby people and communities self-govern and regulate themselves to think and act in certain ways. This book seeks to examine these rules through various case studies including: the reconstructed Notre Dame Cathedral, the Nazi era Munich Konigsplatz, Auschwitz concentration camp and the Prora resort, Sydney’s suburban race riots, and the Australian Immigration Detention Centre on Christmas Island.
Courtroom Ethnography
This book provides a comprehensive and interdisciplinary examination of courtroom ethnography. This collection gathers international researchers from a multitude of disciplines to explore three central themes: doing courtroom ethnography, ethnographic studies of the courtroom, and contemporary and critical aspects of courtroom ethnography. It highlights the nuances, negotiations, and issues that ethnographic researchers face in the courtroom. It covers topics like how to study legal actors and lay participants, legal and social processes, norms and rulings, digitalisation and vulnerability, gender and inequalities, and more across a range of legal cases. It presents the current state of the art of the field of courthouse ethnography with a discussion of methodological challenges, modes of access and best practice examples. With practical tips/questions at the end of each chapter, it speaks to students and above in subjects including sociology, criminology, law, geography, sociology of law, conflict studies, socio-legal studies and beyond.
Religion and Law in Ireland
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Ireland deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal ...
The Oxford Handbook of Administrative Justice
"The core animating feature of administrative justice scholarship is the desire to understand how justice is achieved through the delivery of public services and the actions, inactions, and decision-making of administrative bodies. The study of administrative justice also encompasses the redress systems by which people can challenge administrative bodies to seek the correction of injustices. For a long time now, scholars have been interested in administrative justice, but without necessarily framing their work as such. Rather than existing under the rubric of administrative justice, much of the research undertaken has existed within sub-categories of disciplines, such as law, sociology, publ...
