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""This book provides an historically informed reconstruction of the social practices that have shaped the formation of the modern subject from the early modern period to the present. The formal legal protections accorded to subjects are, and always have been, latent in social practices, norms and language before they are articulated in formal legal orders. Vesting argues that, in Western societies, legal personhood is closely tied to three ideal types of social personhood - what he calls the gentleman, the manager, and Homo Digitalis. By examining these three ideal types and their emergence in society, we can see that Western formal law does not bring these ideal types into being but, on the contrary, arises from the social and cultural conditions that these ideal types generate and reflect. Correspondingly, Western legal personhood, or 'legal subjectivity', arises from the history and culture of Western nations, not the other way around. Therefore, signature features of Western formal law, particularly its valorization of the rights of persons (whether natural or non-natural), come from particular socio-historical cultural developments that had already generated the strong ideas of social personhood inherent in the ideal types of the gentleman, the manager, and Homo Digitalis. Subjectivity Transformed is a major contribution to legal and social theory and, with its original analysis of the formation of modern subjectivity, it will be of interest to students and scholars throughout the social sciences and humanities.""--
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Legal and social movement scholars have long puzzled over the role of movements in moving, being moved by, and changing the meanings of the law. But for decades, these two strands of scholarship only dovetailed at their edges, in the work of a few far-seeing scholars. The fields began to more productively merge before and after the turn of the century. In this Element, the authors take an interactive approach to this problem and sketch four mechanisms that seem promising in effecting a true fusion: legal mobilization, legal-political opportunity structure, social construction, and movement-countermovement interaction. The Element also illustrates the workings and interactions of these four mechanisms from two examples of the authors' work: the campaign for same-sex marriage in the United States and social constitutionalism in South Africa.
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Out of Place tells a new history of the field of law and society through the experiences and fieldwork of successful writers from populations that academia has historically marginalized. Encouraging collective and transparent self-reflection on positionality, the volume features scholars from around the world who share how their out-of-place positionalities influenced their research questions, data collection, analysis, and writing in law and society. From China to Colombia, India to Indonesia, Singapore to South Africa, and the United Kingdom to the United States, these experts record how they conducted their fieldwork, how their privileges and disadvantages impacted their training and research, and what they learned about the law in the process. As the global field of law and society becomes more diverse and an interest in identity grows, Out of Place is a call to embrace the power of positionality. This title is also available as Open Access on Cambridge Core.
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This comprehensive book examines the intersection of legal medicine and digital technology, exploring topics such as the history and development of legal medicine, the American legal system, and the role of artificial intelligence in healthcare. It delves into the legal implications of AI in genetics, dentistry, and medical records, as well as telemedicine liability and professional medical ethics. The book also covers medical education, practice standards, and the legal aspects of public health, making it a valuable resource for legal and medical professionals interested in the evolving landscape of healthcare law.
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This open access book collects 11 reimagined judgments from the UK and challenges anthropocentrism in legal decision-making across a range of legal areas. It draws from a range of Earth law approaches including rights of nature, animal rights, environmental human rights, well-being of future generations, ecocide, and reinterpretations of existing legal principles. There is an urgent need to transform our legal institutions and cultures to foster healthier relationships between people and planet. The book explores how relationships between people, place, and the more-than-human world are produced, transformed, and destroyed through law, the limits of current law and the potential for positive transformation. A paradigm shift towards planetary, ecological and multispecies approaches offers possibilities for envisioning what the future of legal decision-making could look like. Beyond the judgments, the book critically reflects on the developing field of Earth law and its potential for reshaping legal reasoning in the UK and beyond. It also offers possibilities for the future of Earth law from scholarly, educational, and policy perspectives within legal practice, training and education. The book is a must read for scholars, students, legal practitioners and activists questioning the role of law and courts as mechanisms for change. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Environmental law --- Jurisprudence. --- Environment law --- Jurisprudence & philosophy of law
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Forensic Imaging is increasingly gaining importance in post-mortem and medico-legal investigations, particularly in cases of trauma. Indeed, the digitization of a body, serving as evidence in court, has become standard practice in many countries. To analyze forensic images effectively, one must possess expertise not only in radiological interpretation but also in understanding post-mortem changes as well as the morphology of lesions and their medico-legal implications. Neither of the two disciplines involved, Radiology and Forensic Medicine, can fully provide the necessary knowledge individually. Hence, Forensic Radiology is now recognized as a discipline that integrates both specializations. This book aims to bridge the gap between these two fields by elucidating the morphology of specific trauma-related lesions. It seeks to assist in identifying these lesions in forensic images and interpreting them accurately from a medico-legal perspective. The introductory chapter clarifies the distinctions between radiological interpretation and medico-legal imaging interpretation. It subsequently presents various techniques used in Forensic Imaging, outlining their respective advantages and limitations. Furthermore, this book is the first to comprehensively cover various types of trauma encountered in forensic medicine, including blunt trauma, sharp trauma, ballistic trauma, thermal trauma and explosions. A separate chapter is dedicated to each of them. Additionally, it addresses specific commonly observed cases such as traffic accidents, asphyxia and child abuse in dedicated chapters. Each chapter provides a concise summary of the essential medico-legal background and knowledge crucial for the final interpretation. It then outlines the appropriate radiological techniques for investigating the specific trauma and offers practical tips for image acquisition. Radiological findings are subsequently listed and illustrated in corresponding figures. Finally, the book explains the medico-legal interpretation of the observed findings and provides guidance on how to report them. This book represents a pioneering effort to amalgamate the knowledge of forensic medicine and radiology regarding the interpretation of various trauma cases. It serves as a valuable handbook for every practitioner in this field, offering practical insights from image acquisition to the ultimate interpretation of collected data.
Radiology. --- Medical jurisprudence. --- Pathology. --- Forensic Medicine.
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This book explores challenges for law brought about by various disruptive realities, exploring the past as well as the future. Contributions examine the law and revolution in 1918, challenges posed by more gradual political or technological transformations, the effects of globalisation, and challenges posed for law by the Covid-19 pandemic.
Law --- Jurisprudence --- Revolutions --- Political aspects --- History.
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"Offers a novel contribution to immigration legal scholarship by rewriting Supreme Court immigration law opinions from a critical immigration legal theory lens. Contests fundamental presumptions in doctrinal immigration law and shows how entrenched system of power, alongside racism, sexism, and stereotypes, have marred the immigration law landscape"--
Emigration and immigration law --- Feminist jurisprudence --- Emigration and immigration law --- Feminist jurisprudence --- Cases --- United States
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In The Turn to Process, Kunal M. Parker explores the massive reorientation of American legal, political, and economic thinking between 1870 and 1970. Over this period, American conceptions of law, democracy, and markets went from being oriented around truths, ends, and foundations to being oriented around methods, processes, and techniques. No longer viewed as founded in justice and morality, law became a way of doing things centered around legal procedure. Shedding its foundations in the 'people,' democracy became a technique of governance consisting of an endless process of interacting groups. Liberating themselves from the truths of labor, markets and market actors became intellectual and political techniques without necessary grounding in the reality of human behavior. Contrasting nineteenth and twentieth century legal, political, and economic thought, this book situates this transformation in the philosophical crisis of modernism and the rise of the administrative state.
Law --- Jurisprudence --- Methodology --- History. --- Political aspects --- Economic aspects
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