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The New Dual State examines how regimes can institutionalize judicial autonomy without relinquishing ultimate political control. Revising the dual state theory beyond its classical and contemporary formulations, the book proposes the theory of symbiotic dualism, which argues that the consolidation of political authority can clarify and stabilize the boundary between legal order and extralegal authority, thereby permitting limited judicial independence. Using China as the central case, the book shows how political centralization enabled the regime to insulate judges from local officials, suppress unsanctioned extrajudicial interventions, and channel politically sensitive disputes away from the courts. These measures have produced a system in which courts demonstrate increasing professionalism and autonomy in routine cases, while the regime retains decisive authority over politically salient matters. Grounded in extensive fieldwork and framed by comparative legal theory, the book advances a compelling framework for understanding legality outside the context of liberal democracies.
This book is a contribution to the growing field of global legal ethnography. Through engagement with the global discourses of indigeneity, conservation and development, this empirical study shows how power and legal normativity are enacted and experienced in the everyday life of the Batwa in Rwanda. By exploring how Twa negotiate their position within society, the regulatory power of these global jurisdictional encounters to construct (subjects, communities, normative frameworks), to reframe and to discipline comes into sharper focus. Focusing on agency instead of resistance, on a desire for inclusion rather than difference, this book provides a critical contribution to the scholarship on counter-hegemonic narratives of globalisation. Rwandan Twa are positioning themselves within national and global narratives to demand progress and belonging – not as part of a political movement based on their ethnic distinctness or indigeneity but as Rwandans.
Co-management has been adopted internationally, across all types of natural resource settings, bringing resource users and others into governance with government. Multiple aspects of co-management have been studied, from power-sharing to social networks and accountability, identifying a wide range of concepts that form the foundations of co-management. By bringing together and interrogating a wide range of concepts, from all natural resource sectors, including forests, fisheries and grazing land, this book identifies how each concept contributes to the understanding and practice of co-management. Concepts such as collaboration, participation, institutions, power, community, cohesion, representation, accountability, trust, legitimacy, scale, rights, justice, values, identity and adaptation are reviewed. Each chapter reviews foundational literature and identifies key implications for co-management. These are brought together in a concluding chapter that identifies recurring themes from across the chapters and develops a social relational definition and conceptual framework for the understanding and practice of co-management.
Artificial Intelligence (AI) is transforming the fight against financial crime, but how can it be deployed responsibly? In answer to that question, this book provides a comprehensive roadmap that integrates legal clarity, ethical guidance, and operational strategies on AI governance. Leveraging the EU's AI Act, national legal instruments and comparative insights, the book examines the challenges of AI governance and offers practical tools for bias mitigation, explainability, accountability, and risk management. The book's use of real-world case studies and contributions from academics and practitioners – including experts with law enforcement experience – enables scholars, students, and professionals in disciplines such as law, criminology, finance, and policing to bridge theory and practice. This makes it an indispensable resource for research, teaching, and professional training. Whether you are shaping policy, implementing compliance frameworks, or exploring AI's role in fighting financial crime, this book provides the roadmap you need to balance innovation and responsibility. This title is also available as open access on Cambridge Core.
This book offers the first comprehensive comparative study of how political polarization reshapes the role and functioning of supreme and constitutional courts. Drawing on case studies from the United States, the United Kingdom, Brazil, India, Israel, Germany, Spain, and other jurisdictions, it examines how courts are transformed when deep political and social divisions meet powerful judicial institutions. The book identifies the factors that drive courts toward partisanship, the mechanisms through which polarization alters judicial nominations, decision-making and public trust, and the broader implications for the rule of law and democratic stability. It also analyzes reform proposals aimed at reducing the political stakes surrounding courts or balancing their internal composition. Combining theoretical analysis with rich comparative materials, the book will be of interest to scholars, students, and readers seeking to understand the challenges that polarized democracies face in maintaining legitimate, independent, and effective courts.
In this innovative history of the travels of law, Iza R. Hussin explores how law moves, what happens when it arrives, and how it gains its onward momentum and direction. Through the itineraries of Abu Bakar, Sultan of Johor (1833–1895), Hussin uncovers a world of sovereigns in the shadow of empire, from Hawaii to Singapore, Java to Japan, Delhi to Constantinople, Cairo to London. In his travels, Bakar navigated archipelagic and imperial logics of authority, chased sovereignty at sea, and translated Islam across a shifting global landscape. These gave rise to Southeast Asia's first constitution, and the world's longest-running continuous experiment in modern Islamic constitutionalism, revealing histories of imperialism and international law, and forgotten genealogies of sovereignty, constitutionalism, and Asian internationalism. Through the compelling story of Abu Bakar's travels, Hussin argues for a new understanding of the imperial international order, Islamic constitutional history and the making of the modern Muslim state.
In the face of the everchanging and increasingly complex regulatory and socio-technical challenges posed by AI and the Internet of Things, there is an urgent need for closer collaboration between technology designers and lawyers. Accountable Design provides a timely framework for bridging disciplines to design legally accountable technologies. Proposing the new concept of Accountable Design, Lachlan David Urquhart explores how to incorporate legal values into human-centered design processes. Three novel case studies ground discussion by showcasing uses of new technologies in cities, homes, and biometric applications while exploring how to design for privacy, security, trust, and safety. The book synthesizes insights from across technology law, human-computer-interaction, design research, science and technology studies, and philosophy of technology to address the challenges of building better technological design futures for humans and society.
Students are challenged to stay ahead in today's ever-changing political environment. This third edition comprehensive and accessible casebook, designed specifically for undergraduates, integrates both the political science and legal perspectives of American constitutional law. Covering developments from the constitution's drafting through to the presidency of Donald Trump, the book balances doctrinal analysis with historical and political context. Key updates include expanded discussions of judicial review, judicial power, nationwide injunctions, and the elimination of Chevron deference in administrative law. New material addresses Native American sovereignty, congressional investigatory powers, presidential authority and criminal liability, and the evolving balance of power in foreign affairs and war powers. Additional coverage explores presidential and congressional budget authority, impeachment, and state power within the federal system. The text examines pressing contemporary issues such as public health, property rights, substantive due process, and eminent domain, providing students with the essential tools to critically analyze constitutional law.
Off the Map challenges how international lawyers picture the world. While traditional scholarship continues to treat the 'World Map' of states as natural, this book exposes the discipline's cartographic inheritance and its growing fatigue. Drawing on critical geography, international relations, and media theory, Nikolas M. Rajkovic reveals how global authority now operates less through contiguous territories than through infrastructures, corridors, and nodes. Introducing the concept of 'juriscapes', he illuminates the legal significance of ports, data cable landings, aviation hubs, sanctions screens, and cloud regions-sites where rules bite and power circulates. He also develops the idea of pointillistic geographies, showing how law is enacted through coordinates, flows, and switches that escape the flat image of bordered states. Provocative yet accessible, Off the Map re-visualises international law for a fractured global order, equipping readers with the concepts to see where authority truly moves today.
Misuses of Comparative Law in International Development examines how comparative law has been deployed by international organizations, governments, and NGOs to legitimize legal reforms that entrench inequality and reinforce power hierarchies. These reforms often align development agendas with neoliberal and authoritarian logics. The book exposes the flawed assumptions—such as convergence, efficiency, and legalism-that underpin transnational reform projects like the World Bank's indicators and the harmonization initiatives of the EU and OECD. It shows how these frameworks misrepresent local contexts and silence alternative legal traditions. Introducing a new typology of misuse-from cannibalization to epistemic impoverishment—it reveals how comparative law frequently operates as a tool of domination rather than emancipation. Bridging critique and utopia, the book re-characterizes these misuses as social constructions and reimagines comparative law as a vehicle for equitable, context-sensitive, and redistributive legal reform.
The book offers a critical history of how international law governs information to entrench unequal distribution of wealth and power since the end of World War II. Mapping doctrinal and institutional developments of various subfields in international law that concern the organization of cross-border information flow, this book identifies a dual-sided framework consisting human rights and free trade as a hegemonic framework for the governance of information. Drawing on Marxist legal theory, Third World Approaches to International Law, critical media studies, and heterodox political economy, the book argues that this framework, despite persistent internal contradictions and external contestations, has evolved to facilitate the expansion of capital and reproduce hierarchy throughout three eras of capitalist transformations of the past eight decades.
The book provides valuable insights into the landscape of women's rights in West Africa through the transformative decisions made by the ECOWAS Community Court of Justice (ECOWAS Court). Originally established to foster socio-economic integration, the ECOWAS Court has evolved into Africa's premier regional human rights court. With nearly 90% of its decisions addressing human rights issues, the ECOWAS Court now surpasses the African Commission – the continent's longest-standing human rights body – in the number of human rights cases it handles. It offers a compelling analysis of the ECOWAS Court's women's rights jurisprudence, an often-overlooked but essential aspect of the Court's human rights mandate. Grounded in the due diligence principle and the Maputo Protocol, the book sheds light on how adjudicating women's rights cases promotes the global gender equality agenda and challenges state actions that undermine human rights.
In colonial India and Mandatory Palestine, early-twentieth-century legal scholars made important contributions to the study of the nature of law, particularly by analyzing Hindu and Jewish law – their ancient religious systems. This book reconstructs the lives and ideas of these scholars, revealing a forgotten global wave of jurisprudential innovation that appeared across many territories in the non-Western world. The book challenges the view that non-Western legal scholars working in the colonies were passive recipients of Western ideas. It argues that Indian and Jewish thinkers used Western historical and sociological approaches to law to reimagine Hindu and Jewish law, and to assert their relevance to modern legal and constitutional debates. Though historical in scope, the story this book tells is also relevant to contemporary tensions between Western liberal law and non-Western religious legal traditions. This title is available as open access on Cambridge Core.
The demise of the 'racial reckoning' that followed George Floyd's death in 2020 occurred without definition, scrutiny or attempts to revive it. In this compelling new book, David Dante Troutt explores the 'what,' 'so what' and 'now what' of this period when much of the US sidelined the pandemic to confront racial inequality. It details how a rare focus on embedded racism shifted toward awareness, leaving deep disparities in wealth, health and policing unaddressed, and how this was overpowered by an enduring conservative backlash. Troutt unpacks how legal doctrine favored colorblindness over inequality, and examines government policies that created segregated zones of racial bargaining in health and wealth. The book also exposes deterrence-proof policing rules and explains the problems and promises of DEI. Reckoning the Racial Reckoning argues that democratic struggles over local resources are essential for creating justice and well-being for Black American communities, and ultimately for all Americans.
Offering a systematic exploration of blockchain networks from both technical and analytical viewpoints, this book introduces the core structures that underpin blockchain systems, transactions, addresses, and smart contracts and explains how these can be modeled, visualized, and analyzed using modern data science methods. Bridging computer science, finance, and statistics, it integrates algorithmic reasoning with economic intuition to study decentralization, risk, and trust in digital economies. Through examples drawn from Bitcoin, Ethereum, Ripple, Monero, Zcash, IOTA, and DeFi, readers learn how blockchain data can be transformed into graph and temporal models for fraud detection, systemic risk analysis, and network behavior prediction. Featuring clear explanations, illustrative figures, and Solidity code, this volume serves as an essential reference for students, researchers, and practitioners in finance, data science, statistics, machine learning, and distributed systems.
Prevention of an erosion of the rule of law is of utmost importance for democracy, because once autocratization begins, only one in five democracies manage to avert breakdown. This book offers a means of protecting the rule of law and counteracting its misuse for illiberal purpose. It analyses inherent anomalies that occur in so-called consolidated democracies, and the responses where the rule of law is seriously undermined. Only by identifying legal imperfections and addressing them, can crises of liberal democracies be avoided. András Sajó provides new theoretical and practical perspectives on legal positivism and legal interpretation. Making the rule of law more robust and its restoration successful requires an innovative, more militant approach to the rule of law. This book proves that unorthodox legal solutions can satisfy rule of law expectations. Otherwise, legality becomes a suicide pact for democracy. This title is also available as open access on Cambridge Core.
Empirical Animal Law challenges long-held assumptions about what animal law reforms help or harm animals. Drawing on original empirical studies and a broad interdisciplinary body of research, the book tests whether familiar tools of advocacy such as incremental reforms, criminal prosecutions, litigation, and protest really reduce animal suffering. Moving beyond moral intuition and ideology the book reveals how people perceive animal harm, which messages and messengers persuade, and when well-intentioned strategies may backfire. With chapters on factory farming reforms, criminal punishment, litigation strategy, protest backlash, and moral framing, Empirical Animal Law offers the first comprehensive, data-driven account of how animal law operates in practice and calls for a new empirically informed movement.
This book examines how European Union (EU) law regulates unhealthy lifestyles, focusing on the consumption of tobacco, alcoholic beverages and foods of poor nutritional quality. The first part of the book clarifies the EU's competences in this field and the content of its policy. It also outlines the main regulatory tools adopted in relation to each of the risk factors covered, such as product bans, labelling requirements or advertising restrictions. The second part of the book explores the fundamental tension between the commodification of these lifestyles and the pursuit of health policy objectives. It addresses two central questions: How does EU law reconcile the goal of creating a market for unhealthy products with that of reducing or eliminating their consumption? And how does EU law balance market uniformity with the diversity and scientific uncertainty inherent in lifestyle practices?
How can we build and govern trustworthy AI? Operationalizing Responsible AI brings together leading scholars and practitioners to address this urgent question. Each chapter explores a key dimension of responsibility - fairness, explainability, psychological safety, accountability, consent, transparency, auditability, and contextualization – defining what it means, why it matters, and how it can be achieved in practice. Through interdisciplinary perspectives and real-world examples, the book bridges ethical principles, legal frameworks such as the EU AI Act, and technical approaches including explainable AI and audit methodologies. Written for researchers, policymakers, and professionals, the book offers both conceptual clarity and practical guidance for advancing Responsible AI that is fair, transparent, and aligned with human values.
Surrogacy is a rapidly evolving global phenomenon that raises profound legal, ethical, and social questions. This book offers a pioneering Rights-Based Pyramid Approach, balancing adults' rights through liberty, equality, and vulnerability, to secure the best interests of children at the centre. Drawing on extensive empirical research in Sri Lanka, alongside comparative analysis of India and the UK, it provides a uniquely context-sensitive perspective on how surrogacy laws can and should respond to real-world challenges. A distinctive feature of this book is its examination of how one country's laws impact surrogacy both within and beyond national borders, shaping practices, markets, and policy responses across regions. Written in clear, accessible language, the book bridges academic and practical debates, making it essential reading for students, researchers, and professionals in law, bioethics, gender studies, social policy, sociology, psychology, and public health, as well as policymakers and practitioners seeking a comprehensive yet practical guide.