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Citizenship deprivation has made a striking return to the political and legal landscapes of liberal democracies. How can we account for this return and the subsequent normalisation of the powers? What explains 'resistances' to this return and variation between state practices? More broadly, what do we learn about citizenship deprivation when we read it through a constitutional lens? This book addresses these key questions through an in-depth, historically grounded, comparative analysis of France and the UK. In the book, citizenship deprivation is revealed not as a narrow counter-terrorism tool but as a racialised migration mechanism embedded in constitutional architectures and rooted in colonial legacies. By connecting citizenship regimes to state's constitutional structures, this book also shows how constitutional stories about citizenship infuse the behaviours of state actors (providing legitimation frames and discourses) and how these stories tie to states' structures, eventually accounting for variations between state practices.
This book examines a group of mostly Social Democratic resisters and emigres whose biographies from the Nazi seizure of power until the defeat and occupation of Germany caused a radical change in the constitutional politics of postwar West Germany. Most notably, they embraced the idea of a 'militant democracy' in which the free democratic order would be protected from democracy's supposedly self-destructive proclivities by banning extremist parties and organizations from the political arena and empowering what is arguably the strongest constitutional court in the world to review legislation, enforce militant democracy and generally act as a 'guardian of the constitution.' This was an antifascist response to popular support for the German dictatorship and its worst crimes. In the postwar, these anti-Nazis empowered courts to review legislation as a way to try Nazi war criminals and purge Nazi ideology from German law.
Judging Through Narrative explores the normative frames, or judicial narratives, that non-Muslim courts construct when adjudicating Muslim Family Law disputes. The book examines how these narratives shape the rule of law, gender reform, and public trust in the justice system. Drawing on over 400 interviews with judges, lawyers, and litigants, and an analysis of nearly 3,000 judicial decisions from Ghana, India, Israel, and Greece, the book reveals how coherence and fragmentation in judicial storytelling influences legal legitimacy and reform. Introducing the concept of 'narratival (in)cohesion', this work offers a new framework for understanding how courts mediate between religion, rights, and state authority. Bridging law, political science, and socio-legal studies, it is an essential resource for scholars, policymakers, and practitioners seeking to understand how judicial narratives shape the lived experience of law in diverse, multi-religious societies.
Throughout the world, in liberal states, it is common to use prenatal selection techniques and procedures which can prevent the birth of a disabled child. A common assumption is that this practice is driven by individual choice, and that the state itself is neutral. If instead the state was not neutral, this would raise fears of eugenics. The purpose of this book is to test this common assumption. While there is extensive literature on the ethics of selecting against disability, this book proposes a different starting point based on an analysis of the state's position. Through an examination of liberal theory, and a review of concrete examples of state practice, it sheds new light on our society's commitment to the equality of disabled people and the equality of women.
This book offers a wholly new way of thinking about the ideas, struggles and practices that constituted the 'historical' Cold War. In particular, it seeks to redescribe and defamiliarise what we might think of as Cold War international law in order to bring out a rich but now obscured plurality of law and legal forms during the period and to make visible the ways in which we live and work in the aftermath of this legal order. This book challenges the dominant myths about the history of the Cold War, arguing that far from being defined only by ideologically rivalry, the US and the Soviet Union were engaged in a conjoint project of world ordering.
Critical Evidence taps into a growing body of scholarship that demonstrates evidence law is fundamentally about power, setting the boundaries of whose voices will be heard and what types of knowledge will be cognizable in courts of law in the United States. The book brings together leading and emerging Critical Evidence scholars to examine the major rules that govern admissibility in court, from relevancy to hearsay to privileges. These scholars show that many such rules are not neutral as constructed or applied, but, in fact, privilege insiders at the expense of outsiders, namely poor people, women, people of color, disabled people, and LGBTQ+ people. Through a close reading of rules and doctrine, Critical Evidence shows that evidence law must and should change in order to serve as a system that promotes truth, justice and fairness for all in the American legal system.
The COVID-19 pandemic disproportionately harmed members of already disadvantaged and vulnerable communities. Focusing on five communities in the US with comparative data from other countries – children, older adults, women, people of color, and those who are incarcerated – The Unequal Pandemic explains why. The book points to the inadequacies of the public policies adopted to respond to the pandemic, evaluating their effectiveness and compliance with ethical norms and human rights obligations. By assessing the failures of the responses to the COVID-19 pandemic, the book outlines needed policy changes to rectify current disparities and respond more effectively in future health emergencies.
Anarchism is often assumed to stand outside constitutionalism, yet it forms a significant, if overlooked, tradition of constitutional thought. Addressing global constitutional crises and the impasses of state-centred politics, this book brings anarchism into productive dialogue with constitutional, political and international theory. At its core is a reconstruction of anarchist social theory grounded in an ontology of anarchy shaped by European social science and republican concerns with dividing and balancing power. These ideas were reinterpreted by major anarchist thinkers - from Proudhon to Lucy Parsons, and from Tolstoy to Kōtoku Shūsui - who advanced decentralised, federalist alternatives to imperial and hierarchical orders. Combining intellectual history with co-produced research alongside anarchist groups, Constitutionalising Anarchy shows how constitutional practices developed within militant labour unions, protest movements and cooperatives across the twentieth century. It reconsiders anarchy, constitutionalism and the possibilities of political organisation. This title is also available as open access on Cambridge Core.
Disclosure laws aim to empower individuals to make better decisions, yet in practice they often overwhelm readers with excessive and inaccessible information. Disclosure Laws in the Digital Era explains why traditional regulatory approaches fall short and how technological advances offer new opportunities to evaluate and improve disclosure quality. Through a comprehensive study of the U.S. franchise disclosure regime, Uri Benoliel demonstrates how AI and big data standards can assess whether disclosures genuinely help prospective franchisees understand key risks. Benoliel proposes a forward-looking framework that integrates technology into disclosure design, offering more reliable and scalable methods for regulatory oversight. Combining doctrinal analysis, empirical insights, and policy recommendations, the book offers valuable insights for scholars of disclosure, franchising, consumer protection, and contract law, as well as for policymakers, regulators, and legal practitioners seeking to strengthen transparency and informed decision-making in the digital era.
How is the authority of law challenged by digital technologies? Is the digitisation of law an appropriate means to achieve legal impartiality? This book provides an interdisciplinary approach to understanding the impact of the ongoing digital transformation of legal systems. Digital law differs from traditional law in that it relies on decision-support software and networked databases. Such mechanisms must be understood not only in technical terms but also in their social and historical dimensions: the computational foundations of digital law should be situated within the long history of the mechanisation of writing. Digitalisation constitutes a graphic revolution which, in the legal domain, transforms the very conditions of impartiality. Whereas the legality of traditional legal systems is grounded in territorial sovereignty, digital law is no longer anchored in a sovereign territory. It not only increasingly transcends established borders, but also dispenses with the spatial embeddedness that has underpinned legal authority. Digital legality must therefore be reconceptualised to consider how automated systems may be integrated into the social space within which law operates.
The Lutheran pastor Dietrich Bonhoeffer courageously resisted the Nazi regime. Yet, while inspired by sincere faith, his resistance was also politically short-sighted. In this study, Douglas G. Morris explores how Bonhoeffer's fear of the regime's assault on Christianity led him to neglect the liberal democratic value of equal justice under law. While opposing Nazi racism against Jews, Bonhoeffer always believed that they must eventually convert. Scorning Hitler's rule as godless, Bonhoeffer imagined in its place a secular government under Christ that was authoritarian, hierarchical, and anti-egalitarian. Thus, Bonhoeffer had little to offer Jews, other marginalised groups, or political dissenters. Based on a careful probing of extensive secondary literature and a meticulous analysis of Bonhoeffer's own writing, this study demonstrates how his faith both inspired his anti-Nazism and constrained his political understanding.
Since the early 2000s, American courts and legislatures have delivered a series of generation-defining LGBTQ legal victories. Today, this progress and the very institutions that made it possible are under attack. A Queer Guide to Saving American Democracy is an introduction to this democratic crisis, speaking directly to the queer and transgender people navigating the intensifying political and cultural fault lines. It argues that the current denigration of queer and transgender lives in the US is a symptom of the broader degradation of American democracy, representing the newest threat of American fascism. By centering queer and trans identity in the larger history of authoritarianism, the book highlights the strategic villainization of nonconforming groups as a tool to consolidate power and political control. In response, this book empowers readers to adopt pro-democracy frameworks rooted in the defiant authenticity and stubborn joy of queer existence, forging pathways committed to transformative social change.
Imagining Transitional Justice contends that reflective narratives encompass conceptualisations of the processes of (re)building lives and societies after war and genocide. It shows how narratives produced slowly in and through the arts and law construct meaning and operationalise the notions of truth, justice, healing and reconciliation in the wake of the 1994 genocide against the Tutsi in Rwanda and Yugoslav Wars. In doing so, this book contributes to the ongoing task of theorising transitional justice and establishing shared meanings of the core concepts of the field. The book analyses stories and encounters that imagine different futures through methods of 'law and literature'. Four case studies bring together creative narratives, such as a novel or film, and legal cases from the ICTY and ICTR. The book locates legal and creative narratives as part of knowledge production, reflecting on their critical potential in transitional justice.
The Cambridge Handbook of Competition Law and Antitrust Theory reimagines competition law for an era of global, digital, and societal transformation. Authored by leading scholars across disciplines, this landmark volume explores the intersections of efficiency, fairness, freedom, innovation, and democracy in competition law and market regulation. Moving beyond doctrine, it presents competition law as a dynamic framework that both shapes and reflects broader social values. Blending theoretical rigor with policy insight, it addresses critical issues including digital platforms, innovation, sustainability, and economic power. Designed for students, academics, practitioners, and policymakers alike, this Handbook provides an engaging interdisciplinary roadmap for understanding and rethinking competition law in the twenty-first century.
Revolutionary Cuba does not recognize the liberal rights on which LGBTQ advocates in the United States rely. How then, has legal progress occurred for LGTBQ people in Cuba? This book traces the history of LGBTQ identity and law in Cuba and the US from the turn of the twentieth century through the legalization of same-sex marriage. It investigates material and discursive conditions during and after the Cold War and the under-recognized importance of legal consciousness. Applying comparative legal analysis, genealogy, critical social theories, and interviewing, the book produces an encounter between Cuba and the US that directs attention to the millions of constitutive run-ins that occur daily between the global and the local. Rich and insightful, it reveals how law and identity evolve under imperialism, anxious nationalisms, racial stratification, and economic hardship.
Intellectual property (IP) rights have long faced strong legitimacy criticisms. As the vaccine debates during the COVID-19 pandemic showed, IP is often seen as a problematic asset of powerful private companies and developed economies. This book addresses these criticisms by focusing on a renewed interpretation of the TRIPS – the key international treaty for IP. By combining international law analysis and political theory, this work presents the TRIPS as the structuring agreement of the international IP regime rather than treating it as a technical trade instrument. Drawing on the ideal of freedom defined as protection against domination, the book develops a legal philosophy of the TRIPS, revisiting its foundations and proposing a renewed interpretation of its key norms. This reframing highlights how the treaty can potentially provide consistency and foreseeability in a conflict-ridden global multilateral trade system where weaker trade partners are often at a disadvantage. This title is also available as open access on Cambridge Core.
Corporate Ordering explains how modern corporations navigate social conflict when law is incomplete, politics are polarized, and shareholders disagree about corporate purpose. Drawing on original case studies from ridesharing, climate sustainability, and artificial intelligence companies, the book reveals the internal governance systems corporations use to set standards, justify decisions, and monitor their impact. Moving beyond the familiar debates between shareholder primacy and stakeholder capitalism, the book offers a clear framework for understanding how corporate power actually operates in practice. Written for scholars, practitioners, policymakers, and informed general readers, it provides a timely guide to corporate governance in a world where business decisions increasingly function as social policy.