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A field-defining masterwork, this posthumous publication maps the evolution of the idea of the state from ancient Greece to today István Mészáros was one of the greatest political theorists of the twentieth century. Left unfinished at the time of his death, Beyond Leviathan is written on the magisterial scale of his previous book, Beyond Capital, and meant to complement that work. It focuses on the transcendence of the state, along with the transcendence of capital and alienated labor, while traversing the history of political theory from Plato to the present. Aristotle, More, Machiavelli, and Vico are only a few of the thinkers discussed in depth. The larger objective of this work is no less than to develop a full-edged critique of the state, in the Marxian tradition, and set against the critique of capital. Not only does it provide, for the first time, an all-embracing Marxian theory of the state, it gives new political meaning to the notion of “the withering away of the state.” In his definitive, seminal work, Mészáros seeks to illuminate the political preconditions for a society of substantive equality and substantive democracy.
Social Movements, Law and the Politics of Land Reform investigates how rural social movements are struggling for land reform against the background of ambitious but unfulfilled constitutional promises evident in much of the developing world. Taking Brazil as an example, it unpicks the complex reasons behind the remarkably consistent failures of its constitution and law enforcement mechanisms to deliver social justice. Using detailed empirical evidence and focusing upon the relationship between rural social struggles and the state, the book develops a threefold argument: first, the inescapable presence of power relations in all aspects of the production and reproduction of law; secondly their dominant impact on socio-legal outcomes; and finally the essential and positive role played by social movements in redressing those power imbalances and realising law’s progressive potentialities.
For years, intellectuals have argued that, with the triumph of capitalist, liberal democracy, the Western World has reached “the end of history.” Recently, however, there has been a rise of authoritarian politics in many countries. Concepts of post-democracy, anti-politics, and the like are gaining currency in theoretical and political debate. Now that capitalist democracies are facing seismic and systemic challenges, it becomes increasingly important to investigate not only the inherent antagonism between liberalism and the democratic process, but also socialism. Is socialism an enemy of democracy? Could socialism develop, expand, even enhance democracy? While this volume seeks a reappraisal of existing liberal democracy today, its main goal is to help lay the foundation for new visions and practices in developing a real socialist democracy. Amid the contradictions of neoliberal capitalism today, the responsibility to sort out the relationship between socialism and democracy has never been greater. No revival of socialist politics in the twenty-first century can occur without founding new democratic institutions and practices.
Social Movements, Law and the Politics of Land Reform investigates how rural social movements are struggling for land reform against the background of ambitious but unfulfilled constitutional promises evident in much of the developing world. Taking Brazil as an example, it unpicks the complex reasons behind the remarkably consistent failures of its constitution and law enforcement mechanisms to deliver social justice. Using detailed empirical evidence and focusing upon the relationship between rural social struggles and the state, the book develops a threefold argument: first, the inescapable presence of power relations in all aspects of the production and reproduction of law; secondly their dominant impact on socio-legal outcomes; and finally the essential and positive role played by social movements in redressing those power imbalances and realising law’s progressive potentialities.
This unique collection explores the complex issue of vigilantism, how it is represented in popular culture, and what is its impact on behavior and the implications for the rule of law. The book is a transnational investigation across a range of eleven different jurisdictions, including accounts of the Anglophone world (Australia, Britain, Canada, and the United States), European experiences (Germany, Greece, Italy, Poland, and Portugal), and South American jurisdictions (Argentina and Brazil). The essays, written by prominent international scholars in law, sociology, criminology, and media studies, present data, historical and recent examples of vigilantism; examine the national Laws and jur...
Local Autonomy as a Human Right contends that local communities struggle to preserve their territorial autonomy over time despite changes to the broader political and geographic contexts within which they are embedded. Forrest argues that this both reflects and is evidence of a worldwide embrace of local control as a key political and social value, indeed, of such importance that it should be embraced and codified as a human right. This study weaves together evidence grounded in a variety of disciplines - history, geography, comparative politics, sociology, public policy, anthropology, international jurisprudence, rural studies, urban studies -- to make clear that a presumed, inherent moral ...
This third edition of Research Methods for Law offers students in a range of disciplines - law, sociology, psychology, criminology, forensic science, social-legal studies and social welfare - an advanced introduction to research methods in an accessible and grounded way. As well as covering theoretical, comparative and interdisciplinary methods, the book breaks new ground by offering a focus on topics of contemporary and developing concerns in areas such as Artificial Intelligence, BRICS, Continental Legal Systems, Islamic Law, Gender, Race and the ‘Virtual World’. The expert contributors draw on their vast experience in teaching and research to encourage students and provide sure pathways for their own enterprises with technical competence and adherence to ethical standards.
First Published in 2012. Routledge is an imprint of Taylor & Francis, an informa company.
It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.
This book addresses a growing area of concern for scholars and development practitioners: discriminatory gender norms in legally plural settings. Focusing specifically on indigenous women, this book analyses how they, often in alliance with supporters and allies, have sought to improve their access to justice. Development practitioners working in the field of access to justice have tended to conceive indigenous legal systems as either inherently incompatible with women’s rights or, alternatively, they have emphasised customary law’s advantageous features, such as its greater accessibility, familiarity and effectiveness. Against this background – and based on a comparison of six thus fa...