Download or read book Norms and Illegality written by Cristiana Panella and published by Rowman & Littlefield. This book was released on 2021-05-06 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Norms and Illegality: Intimate Ethnographies and Politics explores liminal and illegal practices in relation to political control and cultural normativity. The contributors draw on years of ethnographic experiences in Greece, Guatemala, Hong Kong, Italy, Madagascar, Mali, Philippines, and Thailand to study the contradictions of what is legal and illegal. They explore the production of illegal subjects by the state, the creation of illegal and normative values by liminal and illegal actors, and the mutual entanglements of legal and illegal in the public domains of markets and trade networks. This volume shows that criminalization policies are not necessarily oriented toward erasing crime. Instead, the contributors maintain that opaque spaces ensure the efficacy of control and outwardly conform to the rhetoric and ethics of global neoliberalism. Within these contexts, the contributors shed light on moral economies and frames of value entailed in systems of representation that have been set up by individuals who are deemed illegal, liminal, or deviant in their confrontations with the state. This book is recommended for students and scholars of anthropology, political science, and urban studies.
Download or read book Evading International Norms written by Zoltán Búzás and published by University of Pennsylvania Press. This book was released on 2021-01-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do states violate human rights norms after legalization? Why are these violations so persistent? What are the limits of legalization for protecting human rights norms? Conventional wisdom offers a variety of answers to these questions, but most often they conflate laws and norms and focus only on state actions that violate both. While this focus is undoubtedly valuable, it does not capture cases in which states violate human rights norms without technically violating the law. Norm breakers are not necessarily lawbreakers. Focusing exclusively on norm violations that are illegal obscures the possibility that agents could violate norms in a legal manner, engaging in actions that are awful but lawful. Presenting rich case studies of the French expulsion of Roma immigrants from 2007 to 2017 and the Czech segregation of Roma children in schools for those with mild mental disabilities between 1993 and 2017, Evading International Norms argues that the violation of human rights norms often continues after legalization under the cover of technical legality. While laws and norms overlap, interact, and shape each other in many ways, they tend to reflect each other only selectively, which leads to the existence of norm-law gaps. Taking advantage of such gaps, states resist unwanted human rights obligations by transgressing international human rights norms without violating the laws designed to protect them—a process Zoltán I. Búzás names norm evasion. Based on a wealth of evidence, including more than 160 interviews, the book shows that the treatment of the Roma by France and the Czech Republic violated the norm of racial equality in a technically legal fashion. Búzás cautions that the good news about law compliance is not necessarily good news about norm compliance and draws attention to racial discrimination against the Roma, one of the largest and most marginalized European minorities.
Download or read book Norms and the Law written by John N. Drobak and published by Cambridge University Press. This book was released on 2006-07-24 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains perspectives of world-renowned scholars from the fields of law, economics, and political science about the relationship between law and norms. The authors take different approaches by using a wide variety of perspectives from law, legal history, neoclassical economics, new institutional economics, game theory, political science, cognitive science, and philosophy. The essays examine the relationship between norms and the law in four different contexts. Part One consists of essays that use the perspectives of cognitive science and behavioral economics to analyze norms that influence the law. In Part Two, the authors use three different types of common property to examine cooperative norms. Part Three contains essays that deal with the constraints imposed by norms on the judiciary. Finally, Part Four examines the influence formal law has on norms.
Download or read book Unjust Laws and Illegal Norms written by Emanuela Carbonara and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due to a variety of circumstances, lawmakers occasionally create laws whose aims are perceived as outright unjust by the majority of the people. In other situations, the law may utilize improper means for the pursuit of a just goal. In all such cases, lawmaking processes generate rules that do not reflect the values of the underlying population. In these cases individuals may face legal commands or prohibitions that conflict with their sense of justice or fairness. Individuals can oppose unjust laws through protest. Social opposition to unjust laws may trigger social norms that can have countervailing effects on legal intervention. The dynamic effects of these phenomena are the object of this paper.
Download or read book Conflict of Norms in Public International Law written by Joost Pauwelyn and published by Cambridge University Press. This book was released on 2003-07-31 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.
Download or read book Unconscionable Crimes written by Paul C. Morrow and published by MIT Press. This book was released on 2020-09-22 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first general theory of the influence of norms--moral, legal and social--on genocide and mass atrocity. How can we explain--and prevent--such large-scale atrocities as the Holocaust? In Unconscionable Crimes, Paul Morrow presents the first general theory of the influence of norms--moral, legal and social--on genocide and mass atrocity. After offering a clear overview of norms and norm transformation, rooted in recent work in moral and political philosophy, Morrow examines numerous twentieth-century cases of mass atrocity, drawing on documentary and testimonial sources to illustrate the influence of norms before, during, and after such crimes.
Download or read book Chinese Small Property written by Shitong Qiao and published by Cambridge University Press. This book was released on 2017-10-19 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Qiao demonstrates how an impersonal and unbounded market can operate without legal protection or enforcement of property and contract rights.
Download or read book The Oxford Handbook of Law and Economics written by Francesco Parisi and published by Oxford University Press. This book was released on 2017 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Law and Economics applies the theoretical and empirical methods of economics to the study of law. Volume 2 surveys Private and Commercial Law.
Download or read book Deviant Legality written by Johannes Schwarze and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Possibility of Norms written by Christoph Möllers and published by Oxford University Press, USA. This book was released on 2020-04-03 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: What defines the social practices we currently call norms? They make theft forbidden, eating with a fork advisable, and paintings beautiful. Norms are commonly thought of as moral justifications for doing one thing and not doing another. They are also described in terms of their outcomes or effects, serving as mere causal explanations. The Possibility of Norms proposes a broader view of how norms function, how they are articulated, and how they are realized. It may be asking too much if we expect norms to be effective or morally right. Many norms are simply ineffective and many are at most ineffectively justifiable. Drawing upon a rich array of texts - from law and jurisprudence to philosophy, aesthetics, and the social sciences - M�llers argues for conceiving of social norms as positively marked possibilities. Positively marking a possibility indicates that it should be realized. Normativity thus hinges on judging the world from a distance and acknowledging the possibility of divergent states of the world. Hence, it is no longer theoretically problematic that there are morally unjustified norms, nor that norms can be broken. On the contrary, allowing for breaches may be an important feature of normativity. M�llers's conceptual study sheds new light on a range of paradigms in the humanities, social sciences, and cultural studies, reframing several aspects of norm theory and questioning the theoretical assumptions underlying existing empirical work on normativity.
Download or read book Coordination Organizations Institutions and Norms in Agent Systems XI written by Virginia Dignum and published by Springer. This book was released on 2016-07-12 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes the thoroughly refereed post-conference proceedings of the 11th International Workshops on Coordination, Organizations, Institutions and Norms in Agent Systems, COIN 2015. The workshops were co-located with AAMAS 2015, held in Istanbul, Turkey, in May 2015, and with IJCAI 2015, held in Buenos Aires, Argentina, in July 2015. The 23 full papers were carefully reviewed and selected from 46 initial submissions for inclusion in this volume. The papers cover a wide range of topics from work on formal aspects of normative and team based systems, to software engineering with organizational concepts, to applications of COIN based systems, and to philosophical issues surrounding socio-technical systems. They highlight not only the richness of existing work in the field, but also point out the challenges and exciting research that remains to be done in the area.
Download or read book Piracy and Intellectual Property in Latin America written by Víctor Goldgel-Carballo and published by Routledge. This book was released on 2020-03-03 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Piracy and Intellectual Property in Latin America is the first sustained effort to present an alternative framework for understanding piracy and contemporary challenges to global discourses on intellectual property (IP) in the Americas. While piracy might just look like theft and derivative reproduction from the perspective of many right-holders, the contributors to this volume go beyond this economic-driven logic and show how practices of copying are in fact practices of reinvention that reflect the rich social networks and forms of creativity, authorship, commerce, and consumption that characterize informal economies. From a perspective informed by contemporary scenarios in Mexico, Brazil, Chile, Argentina, Peru, Guatemala, and the United States, they engage in a discussion of alternatives that—predicated on the importance of protecting culture—allow for other ways of conceiving prosperity at local, national, regional, and global levels. Examples discussed include video games, clothing, trinkets, music, film, TV, and books. Designed to help understand the broader implications of IP and piracy for the field of Latin American studies, this book will be a major contribution to Global South studies, as well as to the growing bibliography on globalization, informal markets, and piracy.
Download or read book Multi Sourced Equivalent Norms in International Law written by Tomer Broude and published by Bloomsbury Publishing. This book was released on 2011-03-21 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent decades have witnessed an impressive process of normative development in international law. Numerous new treaties have been concluded, at global and regional levels, establishing far-reaching international legal and regulatory regimes in important areas such as human rights, international trade, environmental protection, criminal law, intellectual property, and more. New political and judicial institutions have been established to develop, apply and adjudicate these rules. This trend has been accompanied by the growing consolidation of treaty norms into international custom, and increased references to international law in domestic settings. As a result of these developments, international relations have now reached an unprecedented level of normative density and intensity, but they have also given rise to the phenomenon of 'fragmentation'. The debate over the fragmentation of international law has largely focused on conflicts: conflicts of norms and conflicts of authority. However, the same developments that have given rise to greater conflict and contradiction in international law, have also produced a growing amount of normative equivalence between rules in different fields of international law. New treaty rules often echo existing international customary norms. Regional arrangements reinforce undertakings that already exist at the global level; and common concerns and solutions appear in many international legal fields. This book focuses on such instances of normative parallelism, developing the concept of 'multisourced equivalent norms' in international law, with contributions by leading international law experts exploring the legal and political implications of the concept in a variety of contexts that span the full spectrum of international legal norms and institutions. By concentrating on situations governed by a multitude of similar norms, the book emphasizes the importance of legal contexts and institutional settings to international law-interpretation and application.
Download or read book Law as a Social System written by Niklas Luhmann and published by Oxford Socio-Legal Studies. This book was released on 2004 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: However, unlike conventional legal theory, this volume seeks to provide an answer in terms of a general social theory: a methodology that answers this question in a manner applicable not only to law, but also to all the other complex and highly differentiated systems within modern society, such as politics, the economy, religion, the media, and education. This truly sociological approach offers profound insights into the relationships between law and all of these other social systems.
Download or read book A review of illegal unreported and unregulated fishing issues and progress in the Asia Pacific Fishery Commission region written by Wilcox, C., Mann, V., Cannard, T., Ford, J., Hoshino, E., Pascoe, S. and published by Food & Agriculture Org.. This book was released on 2021-03-31 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illegal, unreported and unregulated (IUU) fishing constitutes a persistent and pressing problem estimated to account for up to US$23 billion annually in the APFIC area. The effects of IUU fishing can be severe, particularly for small-island and coastal developing states heavily dependent on fisheries, and include adverse impacts on peoples’ livelihoods, food security, national economies and the environment. Countries unable to fulfil international obligations for fisheries management and governance risk incurring trade sanctions on their fisheries exports, an increasing issue as export markets tighten their permitting. Furthermore, IUU fishing is increasingly associated with national and transnational organised criminal activities, although the evidence remains mixed. FAO commissioned this report two years ago to produce an independent update to an unpublished 2015 study on IUU fishing in the APFIC area of competence, which was presented to the APFIC as an information paper in 2016 (FAO 2016a). The 2015 study used a mixture of media reports, literature review, and interviews to build a picture of hotspots of illegal fishing across the APFIC area of competence. This report builds on the previous work, incorporating additional analysis methods to predict illegal fishing in a transparent manner. Based on discussions with the APFIC Secretariat, it was decided to limit the study to the illegal component of IUU fishing. A key difference with the 2015 study is the extension of the estimation of illegal fishing from the 33 hotspots covered in the 2015 study to the entire APFIC area of competence in this study.This report provides the following key outputs: (i) development and implementation of an agreed methodology for estimating illegal fishing levels and progress; (ii) information from case studies in three Asia-Pacific countries; and (iii) analysis of results from the agreed method estimating the incidence of illegal fishing and implication of efforts to reduce it. The approach taken to achieve these goals included a structured online survey of fisheries officials in APFIC countries, semi-structured interviews of key informants knowledgeable about illegal fishing in the APFIC region, and analysis of articles on illegal fishing from public media data across the APFIC area of competence.
Download or read book Legal Consequences of Peremptory Norms in International Law written by Daniel Costelloe and published by Cambridge University Press. This book was released on 2017-09-07 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explores in depth the legal consequences of peremptory norms.
Download or read book SOU CCJ230 Introduction to the American Criminal Justice System written by Alison Burke and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
