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Winner of the 2022 Commendation for Excellence by the International Association for Legal and Social Philosophy (IVR). What is the value of fictions, metaphors, figures and scenarios in adjudication? This book develops three models to help answer that question: inquiry, artefacts and imagination. Legal language, it is argued, contains artefacts – forms that signal their own artifice and call upon us to do things with them. To imagine, in turn, is to enter a distinctive epistemic frame where we temporarily suspend certain epistemic norms and commitments and participate actively along a spectrum of affective, sensory and kinesic involvement. The book argues that artefacts and related processes of imagination are valuable insofar as they enable inquiry in adjudication, ie the social (interactive and collective) process of making insight into what values, vulnerabilities and interests might be at stake in a case and in similar cases in the future. Artefacts of Legal Inquiry is structured in two parts, with the first offering an account of the three models of inquiry, artefacts and imagination, and the second examining four case studies (fictions, metaphors, figures and scenarios). Drawing on a broad range of theoretical traditions – including philosophy of imagination and emotion, the theory and history of rhetoric, and the cognitive humanities – this book offers an interdisciplinary defence of the importance of artefactual language and imagination in adjudication.
This reference guide to the laws and legal literature of Mexico has been designed carefully by a reference librarian for researchers who do not read or speak Spanish. This basic sourcebook provides answers to the questions that are asked most frequently: Which is the relevant code? Where can the text of the code be found? What secondary material is available? Which material is available in English? This up-to-date guide should be useful as a reference in college, university, law, government, and public libraries and in companies that do business with Mexico. It could also be used in courses dealing with Mexican law and business. An introduction briefly describes Mexico's legal system and provides some historical background. Then the bibliography points to primary and secondary material of importance and is annotated partially. Entries are organized under forty-one subject categories with subdivisions pointing to the laws, the sources for the text of the laws, secondary materials from periodicals, and books and monographs. All Spanish titles are given first in Spanish and then in English. An appendix gives a directory of publishers. Author and subject indexes are included.
In addition to setting forth rules and legal doctrines (with reference to practical application of the law), this volume surveys the key institutions that make and enforce the law in Mexico, and places them in their historical and cultural context.
Two decades on from 9/11, the Taliban now control more than half of Afghanistan. Few would have foreseen such an outcome, and there is little understanding of how Afghans living in Taliban territory have navigated life under insurgent rule. Based on over 400 interviews with Taliban and civilians, this book tells the story of how civilians have not only bargained with the Taliban for their survival, but also ultimately influenced the course of the war in Afghanistan. While the Taliban have the power of violence on their side, they nonetheless need civilians to comply with their authority. Both strategically and by necessity, civilians have leveraged this reliance on their obedience in order to influence Taliban behaviour. Challenging prevailing beliefs about civilians in wartime, Negotiating Survival presents a new model for understanding how civilian agency can shape the conduct of insurgencies. It also provides timely insights into Taliban strategy and objectives, explaining how the organisation has so nearly triumphed on the battlefield and in peace talks. While Afghanistan's future is deeply unpredictable, there is one certainty: it is as critical as ever to understand the Taliban--and how civilians survive their rule.
The first casebook of its kind, Latinos and the Law: Cases and Materials addresses a rich array of topics that are relevant to the largest and most diverse ethnic minority group in the United States. Ranging from the legal and social construction of race, ethnicity, and gender, to language, education, immigration, stereotyping, workplace discrimination, and rebellious lawyering, the new edition highlights the Spanish colonization of Latin America to provide further context for the subsequent colonial treatment of its people and leaders by the United States. Beginning with sociolegal histories of the main Latino/a subgroups, early sections of the book contextualize the Latino/a condition within the United States' historical conquest of and hegemony over Latin American peoples, as well as their centurial immigration to the United States. Updated materials on immigration include recent border-control initiatives and rhetoric, Deferred Action for Childhood Arrivals (DACA), and the controversial separation of asylum-seeking families from Central America. New materials on the workplace feature attacks on unionization, struggles over the minimum wage and fair pay, and one-sided abuse of H-2 visas. The book also contains new coverage of racial insults, stereotypes, popular culture, and inter-group tensions, including an emerging theory of multi-group oppression. Throughout, Latinos and the Law utilizes theoretical approaches that have proven highly useful in understanding Latinos, such as the white-over-black (or black-white) binary of race in the United States, similar concepts of critical race theory and "LatCrit" theory, and the internal colony model of postcolonial theory. With a wide selection of cases, statutes, documents, notes, questions, and bibliographic references, Latinos and the Law updates a vital resource for scholars, teachers, and students interested in understanding the largest and most diverse ethnic minority group in the United States.
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.