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Author: Cristiana Panella
Publisher: Rowman & Littlefield
ISBN: 1793646317
Category : Social Science
Languages : en
Pages : 229
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Book Description
Norms and Illegality: Intimate Ethnographies and Politics explores liminal and illegal practices in relation to political control and cultural normativity. The contributors draw on years of ethnographic experiences in Greece, Guatemala, Hong Kong, Italy, Madagascar, Mali, Philippines, and Thailand to study the contradictions of what is legal and illegal. They explore the production of illegal subjects by the state, the creation of illegal and normative values by liminal and illegal actors, and the mutual entanglements of legal and illegal in the public domains of markets and trade networks. This volume shows that criminalization policies are not necessarily oriented toward erasing crime. Instead, the contributors maintain that opaque spaces ensure the efficacy of control and outwardly conform to the rhetoric and ethics of global neoliberalism. Within these contexts, the contributors shed light on moral economies and frames of value entailed in systems of representation that have been set up by individuals who are deemed illegal, liminal, or deviant in their confrontations with the state. This book is recommended for students and scholars of anthropology, political science, and urban studies.
Author: Cristiana Panella
Publisher: Rowman & Littlefield
ISBN: 1793646317
Category : Social Science
Languages : en
Pages : 229
Get Book
Book Description
Norms and Illegality: Intimate Ethnographies and Politics explores liminal and illegal practices in relation to political control and cultural normativity. The contributors draw on years of ethnographic experiences in Greece, Guatemala, Hong Kong, Italy, Madagascar, Mali, Philippines, and Thailand to study the contradictions of what is legal and illegal. They explore the production of illegal subjects by the state, the creation of illegal and normative values by liminal and illegal actors, and the mutual entanglements of legal and illegal in the public domains of markets and trade networks. This volume shows that criminalization policies are not necessarily oriented toward erasing crime. Instead, the contributors maintain that opaque spaces ensure the efficacy of control and outwardly conform to the rhetoric and ethics of global neoliberalism. Within these contexts, the contributors shed light on moral economies and frames of value entailed in systems of representation that have been set up by individuals who are deemed illegal, liminal, or deviant in their confrontations with the state. This book is recommended for students and scholars of anthropology, political science, and urban studies.
Author: Zoltan Buzas
Publisher: University of Pennsylvania Press
ISBN: 0812252691
Category : Political Science
Languages : en
Pages : 328
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Book Description
How do states violate human rights norms after legalization? Why are these violations so persistent? What are the limits of legalization for protecting human rights norms? Conventional wisdom offers a variety of answers to these questions, but most often they conflate laws and norms and focus only on state actions that violate both. While this focus is undoubtedly valuable, it does not capture cases in which states violate human rights norms without technically violating the law. Norm breakers are not necessarily lawbreakers. Focusing exclusively on norm violations that are illegal obscures the possibility that agents could violate norms in a legal manner, engaging in actions that are awful but lawful. Presenting rich case studies of the French expulsion of Roma immigrants from 2007 to 2017 and the Czech segregation of Roma children in schools for those with mild mental disabilities between 1993 and 2017, Evading International Norms argues that the violation of human rights norms often continues after legalization under the cover of technical legality. While laws and norms overlap, interact, and shape each other in many ways, they tend to reflect each other only selectively, which leads to the existence of norm-law gaps. Taking advantage of such gaps, states resist unwanted human rights obligations by transgressing international human rights norms without violating the laws designed to protect them—a process Zoltán I. Búzás names norm evasion. Based on a wealth of evidence, including more than 160 interviews, the book shows that the treatment of the Roma by France and the Czech Republic violated the norm of racial equality in a technically legal fashion. Búzás cautions that the good news about law compliance is not necessarily good news about norm compliance and draws attention to racial discrimination against the Roma, one of the largest and most marginalized European minorities.
Author: Joost Pauwelyn
Publisher: Cambridge University Press
ISBN: 1139436902
Category : Law
Languages : en
Pages : 557
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Book Description
One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.
Author: John N. Drobak
Publisher: Cambridge University Press
ISBN: 9780521680790
Category : Law
Languages : en
Pages : 308
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Book Description
This book contains perspectives of world-renowned scholars from the fields of law, economics, and political science about the relationship between law and norms. The authors take different approaches by using a wide variety of perspectives from law, legal history, neoclassical economics, new institutional economics, game theory, political science, cognitive science, and philosophy. The essays examine the relationship between norms and the law in four different contexts. Part One consists of essays that use the perspectives of cognitive science and behavioral economics to analyze norms that influence the law. In Part Two, the authors use three different types of common property to examine cooperative norms. Part Three contains essays that deal with the constraints imposed by norms on the judiciary. Finally, Part Four examines the influence formal law has on norms.
Author: Zoltán Búzás
Publisher: University of Pennsylvania Press
ISBN: 0812297687
Category : Political Science
Languages : en
Pages : 329
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Book Description
How do states violate human rights norms after legalization? Why are these violations so persistent? What are the limits of legalization for protecting human rights norms? Conventional wisdom offers a variety of answers to these questions, but most often they conflate laws and norms and focus only on state actions that violate both. While this focus is undoubtedly valuable, it does not capture cases in which states violate human rights norms without technically violating the law. Norm breakers are not necessarily lawbreakers. Focusing exclusively on norm violations that are illegal obscures the possibility that agents could violate norms in a legal manner, engaging in actions that are awful but lawful. Presenting rich case studies of the French expulsion of Roma immigrants from 2007 to 2017 and the Czech segregation of Roma children in schools for those with mild mental disabilities between 1993 and 2017, Evading International Norms argues that the violation of human rights norms often continues after legalization under the cover of technical legality. While laws and norms overlap, interact, and shape each other in many ways, they tend to reflect each other only selectively, which leads to the existence of norm-law gaps. Taking advantage of such gaps, states resist unwanted human rights obligations by transgressing international human rights norms without violating the laws designed to protect them—a process Zoltán I. Búzás names norm evasion. Based on a wealth of evidence, including more than 160 interviews, the book shows that the treatment of the Roma by France and the Czech Republic violated the norm of racial equality in a technically legal fashion. Búzás cautions that the good news about law compliance is not necessarily good news about norm compliance and draws attention to racial discrimination against the Roma, one of the largest and most marginalized European minorities.
Author: Emily Crawford
Publisher: Oxford University Press
ISBN: 0198819854
Category : Law
Languages : en
Pages : 305
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Book Description
This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. It covers the benefits and drawbacks for States and non-States actors as well as their effectiveness and development in the context of armed conflict.
Author: Erika De Wet
Publisher: Oxford University Press
ISBN: 0199647070
Category : Law
Languages : en
Pages : 365
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Book Description
The existence of a hierarchy between the different international legal rules is increasingly being debated. This volume will identify the extent to which judicial bodies and domestic courts contribute to an emerging normative hierarchy within international law, based on the primacy of human rights.
Author: Pierre-Marie Dupuy
Publisher: Cambridge University Press
ISBN: 1108423604
Category : Law
Languages : en
Pages : 597
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Book Description
A concise, clear, and legally rigorous introduction to international environmental law and practice covering the very latest developments.
Author: Gerhard Dannemann
Publisher: OUP Oxford
ISBN: 0191668184
Category : Law
Languages : en
Pages : 856
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Book Description
European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.
Author: Pablo Noriega
Publisher: Springer Science & Business Media
ISBN: 3540744576
Category : Computers
Languages : en
Pages : 375
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Book Description
This book constitutes the thoroughly refereed post-proceedings of the International Workshop on Coordination, Organization, Institutions and Norms in Agent Systems, COIN 2006, held as two events at AAMAS 2006, the 5th International Joint Conference on Autonomous Agents and Multiagent Systems in Hakodate, Japan, and ECAI 2006, the 17th European Conference on Artificial Intelligence in Riva del Garda, Italy.
