In recent years there has been a significant growth in interest of the so-called “law in context” extending legal studies beyond black letter law. This book looks at the relationship between written law and legal practice. It examines how law is applied in reality and more precisely how law is perceived by the general public in contrast to the legal profession. The authors look at a number of themes that are central to examining ways in which myths about law are formed, and how there is inevitably a constitutive power aspect to this myth making. At the same time they explore to what extent law itself creates and sustains myths. This line of enquiry is taken from a wide range of viewpoints and thus offers a unique approach to the question of relationship between theory and practice. The book critically assesses the public’s level of legal, psychological and social awareness in relation to their knowledge of law and deviant behaviour. This line of enquiry is taken from a wide range of viewpoints and thus offers a unique approach to the question of relationship between theory and practice. The book covers both empirical studies and theoretical engagements in the area of legal understanding and this affords a very comprehensive coverage of the area, and addressing issues of gender and class, as well as considering psychological material. It brings together a range of academics and practitioners and asks questions and address contemporary issues relating to the relationship between law and popular beliefs.
or actively spying for them, suggested further complicity; the abandonment of the local community for the enemy could never be purely symbolic. To examine all aspects of mauvaise conduite, and to highlight the way in which illegal and legal misconduct was conflated, it is necessary to outline the Third Republic’s legal understanding of ‘collaboration’ (as Renée Martinage calls it). In the only work specifically dealing with collaboration in the First World War, Martinage explains that this emanates from Articles 77–9 of the Code pénal, involving the crimes of v 33
theory of Jurgen Habermas. The unnecessary separation of theoretical and empirical research does not serve the interests of the victims of political violence. It exacerbates their marginalisation. Theoretical frameworks for conflict resolution, whilst sometimes regarded as deliberately esoteric and the preserve of academics, are actually fundamental to the effectiveness of truth recovery processes. This book therefore aims to contribute to a change in the predominant culture of socio-legal understanding, and focus on suggestions for truth recovery processes which can
implies a confrontation with our own limitations of thoughts and the dismantling of our prevailing legal understandings of movement, mobility, and security (Guild and Bigo 2005 ; Basaran 2011 ; Basaran and Guild 2016 ). As such, there is more to be analysed in the repatriation agreements, the architectures of the refugee camps, and the control orders designed to limit the mobility of suspects through tagging, confinement to their
century. The transition to the post-Westphalian state – and the changes in the security threats and security dilemmas these states face – have also transformed the nature of the collective action problem in the security domain. Post-Westphalian states must rely upon institutions – ranging from specific legal understandings to comprehensive regimes to quasi-governmental institutions where
of government accountability to Parliament is not fixed or even clearly defined. This is because scrutiny is largely a process that encompasses a formal although vaguely expressed relationship. This relationship is mostly dependent on codes and conventions, i.e., non-legal understandings of how the constitution operates, rather than a codified constitutional framework (Tomkins, 2009
international human rights law, situating caste within the definition of racial discrimination in Article 1(1) ICERD, under descent. That the term ‘descent’ would be the legal home for caste is reflected and continued in the parallel Charter-based mechanisms that date from 2000, under the nebulous ‘work and descent’ category. Hence the international legal understanding of caste generated a wider international legal category of descent that had not been elaborated in any form in the UN system prior to 1996. It clearly includes caste as practised in India and elsewhere, but is
’. Corruption however is as much implicit as it is explicit. John Noonan’s definitive study on bribery emphasises that bribery can only be understood from a historical context and definitions depend upon culture.5 In other words, public and political response to scandal can readily be held hostage to an outdated understanding of ethical transgressions. The case studies will demonstrate how this is the case. The concept of corruption has continually wrestled between an awareness of what is legally and what is morally regarded as corrupt. A legal understanding narrowly
, ‘ On the Legal Understanding of Autonomy ’ in M Suksi (ed), Autonomy: Applications and Implications ( Kluwer Law International 1998 ) 17 – 24 . 103 ibid 21. 104 Mexico v United States of America , Provisional Measures, Order of 16 July 2008, ICJ Reports 2008 . 105 For the recommendations of the International Law Commission to the General Assembly in this respect see International Law Commission, Provisional Summary Record of the 3444th Meeting, UN Doc A/CN.4/SR.3444 (12 October 2018), 3.
was also the slow and insidious beginnings of central inspection for nationally funded services, as is illustrated in the emergence of the Schools’ and Police Inspectorates. A further restraint on local government during the mid-Victorian years was the formal assertion by the courts of the principle of ultra vires. In its earliest form the grant of a charter allowed a corporation to act as if it were a person and therefore with constraints but by the eighteenth century there had emerged a legal understanding that a municipal corporation could not exceed the duties