Suchergebnisse

Anthropology of law as a science -- - History, schools, and names of anthropology of law -- Concepts of cultural anthropology -- Social norms (fora) : the theory of law, morals, custom, etiquette, habits, religious norms, political force, conscience -- Theories of culture and cultures -- - Analyses in cultural anthropology -- Biological anthropology in its relation to the anthropology of law -- Kinship patterns, and other anthropological aspects of family and gender law -- Societal order, personhood, and human rights : the anthropology of constitutional justice -- Reciprocity, exchange, gifts, contracting, trust : the anthropology of commutative justice -- Possession, ownership, probate; market and non-market economies, antitrust, cultural property and heritage of mankind : the anthropology of distributive justice -- Torts, crimes, sanctions. Witchcraft and related issues : the anthropology of compensatory or retributive justice -- Jurisdiction. Procedure and dispute settlement. Conflicts of law : the anthropology of jurisdictional justice, of procedural justice, and of conflicts justice -- Native American law -- Ethnic groups. The international law of indigenous peoples. Global human rights -- Applied anthropology of law

In Constitutional Culture, Independence, and Rights, Javier García Oliva and Helen Hall coin the term "constitutional culture" to encapsulate the collective rules and expectations that govern the collective life within a jurisdiction. Significantly, these shared norms have both legal and social elements, including matters as diverse as standards of parenting, the modus operandi of police officers, and taboos around sexuality. Using Quebec, Scotland, and Catalonia as case studies, the book delves into what these constitutional battles mean for the rights, identity, and needs of everyday people, and it powerfully demonstrates why the hypothetical future independence of these regions would have far-reaching practical consequences, beyond the realm of political structures and academic theory. The book does not present a magic bullet to resolve debates around independence – this is not its purpose, and the text in fact demonstrates why there is no objectively optimal approach in any or all contexts. Instead, it seeks to shed light on aspects of these situations often overlooked in discussions around the fate of nations, and it addresses what the consequences of constitutional paradigm shifts might be for individuals. Constitutional culture is a complex web of interconnected understandings and behaviours, and the vibrations from shaking or cutting a fundamental strand will be felt throughout the structure

"This volume presents the first thorough sociologically-informed legal analysis of the financial crisis which unfolded in 2008. It combines a multitude of theoretically informed analyses of the causes, dynamics and reactions to the crisis and contextualises these within the general structural transformations characterising contemporary society. It furthermore explores the constitutional implications of the crisis and suggests concrete changes to the constitutional set-up of contemporary society. Although the question of individual responsibility is of crucial importance, the central idea animating the volume is that the crisis cannot be reduced to a mere failure of risk perception and management for which individual and collective actors within and outside of financial organisations are responsible. The 2008 crisis should rather be understood as a symptom of far deeper structural transformations. For example contemporary society is characterised by massive accelerations in the speed with which societal processes are reproduced as well as radical expansions in the level of globalisation. These transformations have, however, been asymmetrical in nature insofar as the economic system has outpaced its legal and political counterparts. The future capability of legal and political systems to influence economic reproduction processes is therefore conditioned by equally radical transformations of their respective operational forms and self-understanding. Potentially the 2008 crisis, therefore, has far-reaching constitutional implications"--Provided by publisher

The implications of the September 11 terrorist attacks in the US for international & constitutional law are assessed, addressing several interrelated issues: (1) terrorists as subjects of criminal vs. international law, (2) constitutional law changes necessitated by combating terrorism (the German Constitutional Court decision of 15 February 2006), (3) national interest as a key factor in the interpretation of international law (differences in international law interpretation between Germany, Israel, & the US), (4) Article 51 of the UN Charter on states' right to wage war, (5) state & nonstate actors in military conflicts, (6) the ambiguity of Article 51 as to the state/nonstate status of the aggressor, (7) did the US have the right to attack Afghanistan because Al Qaeda operated from its territory? (8) the phrase "war on terrorism;" its origin & use in US English but absence in European languages, (9) responses to the terrorist attacks in Madrid & London, (10) should terrorism be combated with military means only? (Is "war on terrorism" effective?), & (11) did US military interventions in Afghanistan & Iraq diminish or increase the threat of future terrorist attacks? Z. Dubiel