Author: Brian Z. Tamanaha
Publisher: BRILL
ISBN: 9789004097681
Category : Social Science
Languages : en
Pages : 230
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Book Description
Examines law in Micronesia through a focus on the meaningful actions and understandings of legal actors and non-legal actors. It addresses subjects which range from the nature of legal thinking to the autonomy of law.
Author: Gonzaga Puas
Publisher: ANU Press
ISBN: 1760464651
Category : History
Languages : en
Pages : 312
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Book Description
This study addresses the neglected history of the people of the Federated States of Micronesia’s (FSM) engagement with the outside world. Situated in the northwest Pacific, FSM’s strategic location has led to four colonial rulers. Histories of FSM to date have been largely written by sympathetic outsiders. Indigenous perspectives of FSM history have been largely absent from the main corpus of historical literature. A new generation of Micronesian scholars are starting to write their own history from Micronesian perspectives and using Micronesian forms of history. This book argues that Micronesians have been dealing successfully with the outside world throughout the colonial era in ways colonial authorities were often unaware of. This argument is sustained by examination of oral histories, secondary sources, interviews, field research and the personal experience of a person raised in the Mortlock Islands of Chuuk State. It reconstructs how Micronesian internal processes for social stability and mutual support endured, rather than succumbing to the different waves of colonisation. This study argues that colonisation did not destroy Micronesian cultures and identities, but that Micronesians recontextualised the changing conditions to suit their own circumstances. Their success rested on the indigenous doctrines of adaptation, assimilation and accommodation deeply rooted in the kinship doctrine of eaea fengen (sharing) and alilis fengen (assisting each other). These values pervade the Constitution of the FSM, which formally defines the modern identity of its indigenous peoples, reasserting and perpetuating Micronesian values and future continuity.
Author: J. Mitchell Miller
Publisher: Routledge
ISBN: 1135455430
Category : Reference
Languages : en
Pages : 4407
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Book Description
This three-volume work offers a comprehensive review of the pivotal concepts, measures, theories, and practices that comprise criminology and criminal justice. No longer just a subtopic of sociology, criminology has become an independent academic field of study that incorporates scholarship from numerous disciplines including psychology, political science, behavioral science, law, economics, public health, family studies, social work, and many others. The three-volume Encyclopedia of Criminology presents the latest research as well as the traditional topics which reflect the field's multidisciplinary nature in a single, authoritative reference work. More than 525 alphabetically arranged entries by the leading authorities in the discipline comprise this definitive, international resource. The pivotal concepts, measures, theories, and practices of the field are addressed with an emphasis on comparative criminology and criminal justice. While the primary focus of the work is on American criminology and contemporary criminal justice in the United States, extensive global coverage of other nations' justice systems is included, and the increasing international nature of crime is explored thoroughly. Providing the most up-to-date scholarship in addition to the traditional theories on criminology, the Encyclopedia of Criminology is the essential one-stop reference for students and scholars alike to explore the broad expanse of this multidisciplinary field.
Author: Brian Z. Tamanaha
Publisher: Oxford Socio-Legal Studies
ISBN: 9780199244669
Category : Law
Languages : en
Pages : 298
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Book Description
Law is generally understood to be a mirror of society that functions to maintain social order. Focusing on this general understanding, this text conducts a survey of Western legal and social theories about law and its relationship within society.
Author: Michael Giudice
Publisher: Routledge
ISBN: 1351542621
Category : History
Languages : en
Pages : 559
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Book Description
The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address.
Author: Helge Dedek
Publisher: Cambridge University Press
ISBN: 1108899137
Category : Law
Languages : en
Pages : 325
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Book Description
H. Patrick Glenn (1940–2014), Professor of Law and former Director of the Institute of Comparative Law at McGill University, was a key figure in the global discourse on comparative law. This collection is intended to honor Professor Glenn's intellectual legacy by engaging critically with his ideas, especially focusing on his visions of a 'cosmopolitan state' and of law conceptualized as 'tradition'. The book explores the intellectual history of comparative law as a discipline, its attempts to push the objects of its study beyond the positive law of the nation-state, and both its potential and the challenges it must confront in the face of the complex phenomena of globalization and the internationalization of law. An international group of leading scholars in comparative law, legal philosophy, legal sociology, and legal history takes stock of the field of comparative law and where it is headed.
Author: Keith C. Culver
Publisher: Broadview Press
ISBN: 1554812526
Category : Law
Languages : en
Pages : 514
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Book Description
A rigorous introduction to profound questions about the nature and role of law.
Author: Brian Z. Tamanaha
Publisher:
ISBN: 019086155X
Category : Law
Languages : en
Pages : 233
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Book Description
Legal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, postcolonial legal studies, women's rights and human rights, comparative law, international law, transnational law, European Union law, jurisprudence, and law and development scholarship. A great deal of confusion and theoretical disagreement surrounds discussions of legal pluralism--which this book aims to clarify and help resolve. Drawing on historical and contemporary studies--including the Medieval period, the Ottoman Empire, postcolonial societies, Native peoples, Jewish and Islamic law, Western state legal systems, transnational law, as well as others--it shows that the dominant image of the state with a unified legal system exercising a monopoly over law is, and has always been, false and misleading. State legal systems are internally pluralistic in various ways and multiple manifestations of law coexist in every society. This book explains the underlying reasons for and sources of legal pluralism, identifies its various consequences, uncovers its conceptual and normative implications, and resolves current theoretical disputes in ways that are useful for social scientists, theorists, jurists, and law and development scholars and practitioners.
Author: Anna Dziedzic
Publisher: Bloomsbury Publishing
ISBN: 1509942874
Category : Law
Languages : en
Pages : 257
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Book Description
This book explores the use of foreign judges on courts of constitutional jurisdiction in 9 Pacific states: Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. We often assume that the judges sitting on domestic courts will be citizens. However across the island states of the Pacific, over three-quarters of all judges are foreign judges who regularly hear cases of constitutional, legal and social importance. This has implications for constitutional adjudication, judicial independence and the representative qualities of judges and judiciaries. Drawing together detailed empirical research, legal analysis and constitutional theory, it traces how foreign judges bring different dimensions of knowledge to bear on adjudication, face distinctive burdens on their independence, and hold only an attenuated connection to the state and its people. It shows how foreign judges have come to be understood as representatives of a transnational profession, with its own transferrable judicial skills and values. Foreign Judges in the Pacific sheds light on the widespread but often unarticulated assumptions about the significance of nationality to the functions and qualities of constitutional judges. It shows how the nationality of judges matters, not only for the legitimacy and effectiveness of the Pacific courts that use foreign judges, but for legal and theoretical scholarship on courts and judging.
Author: Sarah Nason
Publisher: Bloomsbury Publishing
ISBN: 1509904646
Category : Law
Languages : en
Pages : 257
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Book Description
This book offers a new interpretation of judicial review in England and Wales as being concerned with the advancement of justice and good governance, as opposed to being concerned primarily with ultra vires or common law constitutionalism. It is developed both from examining the functions and values that ought to be served by judicial review, and from analysis of empirical 'social' facts about judicial review primarily as experienced in the Administrative Court. Based on ground-up case law analysis it constructs a new taxonomy on the grounds of judicial review: mistake, procedural impropriety, ordinary common law statutory interpretation, discretionary impropriety, relevant/irrelevant considerations, breach of an ECHR protected right or equality duty, and constitutional allocation of powers, constitutional rights, or other complex constitutional principles. It explains each of these grounds, what academic and judicial support there might be for them outside case law analysis, and their similarities and differences when viewed against popular existing taxonomies. It concludes that Administrative Court judges are engaged in ordinary common law statutory interpretation in approximately half of all cases, and that where discretionary judgement is involved on the part of the initial decision-maker, judges do indeed consider their task to be one of determining whether the challenged decision was justified by reasoning of adequate quality. It finds that judges apply ordinary common law principles of statutory interpretation with historical pedigrees, including assessing the initial decision-maker's reasoning with reference to statutory purpose, and sifting relevant from irrelevant considerations, including moral considerations. The result is a ground-breaking reassessment of the grounds of judicial review in England and Wales and the practice of the Administrative Court.
