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Death, Family and the Law
When a death is investigated by a coroner, what is the place of the family in that process? This accessibly written book draws together empirical, theoretical and historical perspectives to develop a rich, nuanced analysis of the contemporary inquest system in England and Wales. It investigates theories of kinship drawn from socio-legal research and analyses law, accountability and the legal process. Excerpts of conversations with coroners and officers offer real insights into how the role of family can be understood and who family is perceived to be, and how their participation fundamentally shapes the investigation into a death.
A Theory of Textuality
This is the first comprehensive and systematic theory of textuality that takes into account the relevant views of both analytic and Continental thinkers and also of major historical figures. The author shows that most of the confusion surrounding textuality is the result of three factors: a too-narrow understanding of the category; a lack of a proper distinction among logical, epistemological, and metaphysical issues; and a lack of proper grounding of epistemological and metaphysical questions on logic analyses. The author begins with a logical analysis of the notion of text resulting in a definition that serves as the basis for the distinctions he subsequently draws between texts on the one hand and language, artifacts, and art objects on the other; and for the classification of texts according to their modality and function. The second part of the book uses the conclusions of the first part to solve the various epistemological issues which have been raised about texts by philosophers of language, semioticians, hermeneuticists, literary critics, semanticists, aestheticians, and historiographers.
Democratizing Constitutional Law
This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies ma...
Fields of Gold
Fields of Gold critically examines the history, ideas, and political struggles surrounding the financialization of farmland. In particular, Madeleine Fairbairn focuses on developments in two of the most popular investment locations, the US and Brazil, looking at the implications of financiers' acquisition of land and control over resources for rural livelihoods and economic justice. At the heart of Fields of Gold is a tension between efforts to transform farmland into a new financial asset class, and land's physical and social properties, which frequently obstruct that transformation. But what makes the book unique among the growing body of work on the global land grab is Fairbairn's interest in those acquiring land, rather than those affected by land acquisitions. Fairbairn's work sheds ethnographic light on the actors and relationships—from Iowa to Manhattan to São Paulo—that have helped to turn land into an attractive financial asset class. Thanks to generous funding from UC Santa Cruz, the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.
Foreign Policy Analysis
This book presents the evolution of the field of foreign policy analysis and explains the theories that have structured research in this area over the last 50 years. It provides the essentials of emerging theoretical trends, data and methodological pitfalls and major case-studies and is designed to be a key entry point for graduate students, upper-level undergraduates and scholars into the discipline. The volume features an eclectic panorama of different conceptual, theoretical and methodological approaches to foreign political analysis, focusing on different models of analysis such as two-level game analysis, bureaucratic politics, strategic culture, cybernetics, poliheuristic analysis, cognitive mapping, gender studies, groupthink and the systemic sources of foreign policy. The authors also clarify conceptual notions such as doctrines, ideologies and national interest, through the lenses of foreign policy analysis.
The Idea of Justice in Literature
The theme arises from the legal-academic movement "Law and Literature". This newly developed field should aim at two major goals, first, to investigate the meaning of law in a social context by questioning how the characters appearing in literary works understand and behave themselves to the law (law in literature), and second, to find out a theoretical solution of the methodological question whether and to what extent the legal text can be interpreted objectively in comparison with the question how literary works should be interpreted (law as literature). The subject of justice and injustice has been covered not only in treatises of law and philosophy, but also in many works of literature: On the one hand, poets and writers have been outraged at the social conditions of their time. On the other hand, some of them have also contributed fundamental reflections on the idea of justice itself.
Civil Society and Democracy in Latin America
A dense web of private associations drawn from multiple social classes, interest groups and value communities makes for a firm foundation for strong democracy. In Latin America today, will civil society improve the quality of democracy or will it foster political polarization and reverse recent progress? Distinguished theorists from the United States, Canada and Latin America explore the diverse impact of civil society on economic performance, political parties, and state institutions. In-depth and up-to-date country studies explore the consequences of civil society for the durability of democracy in three highly dynamic, controversial settings: Argentina, Brazil and Venezuela.
The Identity of the Constitutional Subject
The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.
