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Suppose you have a dispute with your neighbour, and wish to secure redress for losses incurred. How might the issue be resolved? Is it worth the cost and time delay to take the issue to court? Or is there some other approach? Over the past few decades a range of alternative, dispute resolution programmes have emerged to settle conflicts informally, outside the courtroom. Drawing on real life experiences of community mediation practices in British Columbia, Canada, the author explores informal justice as an event rendered possible by the fragmentation of justice under postmodern conditions. He develops some of Foucault's ideas on governmentality to erect an analytical framework that does not view community mediation as necessarily empowering, or an inevitable expansion of state control. The analysis identifies how one might engage with current versions of community justice and yet avoid the political apathy that too often accompanies such criticism.
This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
Fragmentation is a potential problem in an international legal system that has seen the creation of new courts and tribunals around the world, with the chance for different judicial approaches to develop in different courts. This book addresses this issue by analysing judicial practice in three areas: genocide, immunities, and the use of force.
This text gives a detailed account of the inner workings of the networks by which immigrants leave their homes in Central America to start new lives in the Mission District of San Francisco.
The landmark Supreme Court decision in June 2015 legalizing the right to same-sex marriage marked a major victory in gay and lesbian rights in the United States. Once subject to a patchwork of laws granting legal status to same-sex couples in some states and not others, gay and lesbian Americans now enjoy full legal status for their marriages wherever they travel or reside in the country. For many, this means that gay and lesbian citizens are one step closer to full equality with the rest of America. However, author Stephen M. Engel contends that there remains much to be done in shaping American institutions to recognize gays and lesbians as full citizens. Tracing the relationship between gay and lesbian individuals and the government from the late 19th century through the early 21st, Engel shows that LGBT Americans are more accurately described as fragmented citizens who still do not have full legal protections against workplace, housing, family, and other kinds of discrimination. There remains a continuing struggle of the state to control their sexuality. Further, he argues that it was the state's ability to identify and control gay and lesbian citizens that allowed it to develop strong administrative capacities to manage all of its citizens in matters of immigration, labor relations, and even national security. The struggle for gay and lesbian rights, then, affected not only the lives of those seeking equality but also the very nature of American governance itself. Fragmented Citizens is a sweeping historical and political account of how our present-day policy debates around citizenship and equality came to be.--Adapted from dust jacket.
What is African American about African American literature? Why identify it as a distinct tradition? John Ernest contends that too often scholars have relied on nave concepts of race, superficial conceptions of African American history, and the marginalization of important strains of black scholarship. With this book, he creates a new and just r...
This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.
The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.