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Indigenous Water Rights in Law and Regulation
A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
The Sentimental Court
Analyses how atmospheres and sentiments shape the workings of international criminal law in (post-)colonial Africa and beyond.
The Ghostwriters
The Ghostwriters unmasks how lawyers catalyse policy change across borders by encouraging deliberate law-breaking and mobilizing courts against their own governments.
Undue Process
Why do autocrats hold political trials when outcomes are presumed known from the start? Undue Process examines how autocrats weaponize the judiciary to stay in control. Contrary to conventional wisdom that courts constrain arbitrary power, Shen-Bayh argues that judicial processes can instead be used to legitimize dictatorship and dissuade dissent when power is contested. Focusing on sub-Saharan Africa since independence, Shen-Bayh draws on fine-grained archival data on regime threats and state repression to explain why political trials are often political purges in disguise, providing legal cover for the persecution of regime rivals. This compelling analysis reveals how courts can be used to repress political challengers, institutionalize punishment, and undermine the rule of law. Engaging and illuminating, Undue Process provides new theoretical insights into autocratic judiciaries and will interest political scientists and scholars studying authoritarian regimes, African politics, and political control.
The Power of the Jury
Offering an alternative view of the jury process, this book argues that each stage transforms ordinary citizens, who are oftentimes reluctant to serve on juries, into responsible jurors. Jurors, Nancy S. Marder argues, are not found, but rather they are made and shaped by the jury process. Analysing each stage of this process, from initial summons to post-verdict interview, this book shows how these stages equip jurors with experiences and knowledge that allow them to perform their new role ably. It adopts a holistic approach to the subject of jury reform and suggests reforms that will aid the transformation of citizens into jurors. By studying the jury from the perspective of jurors, it gives readers a better understanding of what takes place during jury trials and allows them to see juries, jurors, and the jury process in a new light.
Law and Precarity
Offers an original understanding of the mutually reinforcing relationship between law and precarity in daily life in Vietnam.
Law and the Epistemologies of the South
Modern state law excludes populations, peoples, and social groups by making them invisible, irrelevant, or dangerous. In this book, Boaventura de Sousa Santos offers a radical critique of the law and develops an innovative paradigm of socio-legal studies which is based on the historical experience of the Global South. He traces the history of modern law as an abyssal law, or a kind of law that is theoretically invisible yet implements profound exclusions in practice. This abyssal line has been the key procedure used by modern modes of domination – capitalism, colonialism, and patriarchy – to divide people into two groups, the metropolitan and the colonial, or the fully human and the sub-human. Crucially, de Sousa Santos rejects the decadent pessimism that claims that we are living through 'the end of history'. Instead, this book offers practical, hopeful alternatives to social exclusion and modern legal domination, aiming to make post-abyssal legal utopias a reality.
Seeking Supremacy
Develops a framework to explain shifts in judicial assertiveness towards militaries, using Pakistan as an illuminating case study.
