Legal Theory & Systems

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  • Afflicted Powers: Capital and Spectacle in a New Age of War

    Karton Kapak
    Afflicted Powers is an account of world politics since September 11, 2001. It aims to confront the perplexing doubleness of the present’s lethal mixture of atavism and new-fangledness. The world careers backward into forms of ideological and geo-political combat that call to mind the Scramble for Africa, and the Wars of Religion. But this brute return of the past is accompanied by an equally monstrous political deployment of (and entrapment in) the apparatus of a hyper-modern production of appearances. Capital is on the move again. In the Middle East and elsewhere it is attempting, nakedly, a new round of primitive accumulation and enclosure.Now, however, it is obliged to do so in unprecedented circumstances. Never before has imperialist victory or defeat depended so much on a struggle for hegemony in the world of images; never before has the dominant world power been subject to real catastrophe in the realm of the spectacle. The present turn to empire and enclosure, what Retort terms military neo-liberalism, is confronted not only by various forms of radical Islam but by a new kind of vanguard armed with the toolkit of spectacular politics. This book attempts to rethink certain key aspects of the current global struggle within this overall perspective, and to provide some critical support for present and future oppositions. Its main themes are the spectacle and September 11, blood for oil, permanent war and illusory peace, the US–Israel relationship, revolutionary Islam, and modernity and terror.
    15,17  TL47,41  TL
  • Critical Race Realism: Intersections of Psychology, Race, and Law

    Karton Kapak
    A new way of looking at our legal system—focused on the nexus of social science, race, and the law—that takes the field of critical legal studies into the twenty-first century."The introduction of new methods in the social sciences to the law promises to revolutionize how legal scholars approach the study of race."—Jeffrey Rachlinski, professor at Cornell Law SchoolBuilding on the field of critical race theory, which took a theoretical approach to questions of race and the law, Critical Race Realism offers a practical look at the way racial bias plays out at every level of the legal system, from witness identification and jury selection to prosecutorial behavior, defense decisions, and the way expert witnesses are regarded.Using cutting-edge research from across the social sciences and, in particular, new understandings from psychology of the way prejudice functions in the brain, this new book—the first overview of the topic—includes many of the seminal writings to date along with newly commissioned pieces filling in gaps in the literature. The authors are part of a rising generation of legal scholars and social scientists intent on using the latest insights from their respective fields to understand the racial biases built into our legal system and to offer concrete measures to overcome them.Topics include:• race and juries• race and the perceived credibility of expert witnesses• the psychology of cross-racial eyewitness testimony• prejudice in police profiling• stereotyping and capital-sentencing outcomes• race and judicial decision-making• race and parental rights termination
    9,06  TL90,60  TL
  • Postmodernism and China (Boundary 2: An International Journal of Literature and Culture)

    Karton Kapak
    Few countries have been so transformed in recent decades as China. With a dynamically growing economy and a rapidly changing social structure, China challenges the West to understand the nature of its modernization. Using postmodernism as both a global frame of periodization and a way to break free from the rigid ideology of westernization as modernity, this volume’s diverse group of contributors argues that the Chinese experience is crucial for understanding postmodernism. Collectively, these essays question the implications of specific phenomena, like literature, architecture, rock music, and film, in a postsocialist society. Some essays address China’s complicity in—as well as its resistance to—the culture of global capitalism. Others evaluate the impact of efforts to redefine national culture in terms of enhanced freedoms and expressions of the imagination in everyday life. Still others discuss the general relaxation of political society in post-Mao China, the emergence of the market and its consumer mass culture, and the fashion and discourse of nostalgia. The contributors make a clear case for both the historical uniqueness of Chinese postmodernism and the need to understand its specificity in order to fully grasp the condition of postmodernity worldwide. Although the focus is on mainland China, the volume also includes important observations on social and cultural realities in Hong Kong and Taiwan, whose postmodernity has so far been confined—in both Chinese and English-speaking worlds—to their economic and consumer activities instead of their political and cultural dynamism. First published as a special issue of boundary 2, Postmodernism and China includes seven new essays. By juxtaposing postmodernism with postsocialism and by analyzing China as a producer and not merely a consumer of the culture of the postmodern, it will contribute to critical discourses on globalism, modernity, and political economics, as well as to cultural and Asian studies.Contributors. Evans Chan, Arif Dirlik, Dai Jinhua, Liu Kang, Anthony D. King, Jeroen de Kloet, Abidin Kusno, Wendy Larson, Chaoyang Liao, Ping-hui Liao, Sebastian Hsien-hao Liao, Sheldon Hsiao-peng Lu, Wang Ning, Xiaobing Tang, Xiaoying Wang, Chen Xiaoming, Xiaobin Yang, Zhang Yiwu, Xudong Zhang
    20,01  TL62,53  TL
  • Overcriminalization: The Limits of the Criminal Law

    Sert Kapak
    The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.
    24,95  TL118,80  TL
  • Courts, Law, and Politics in Comparative Perspective

    Courts, Law, and Politics in Comparative Perspective

    Sert Kapak
    Comparing the intersection of political forces and legal practices in the US, England, France, Germany and Japan, this work investigates the functioning of constitutional courts in each country, and how ordinary citizens and large corporations use the courts.
    Temin Edilemiyor
  • Islam and the Political: Theory, Governance and International Relations (Decolonial Studies, Postcolonial Horizons)

    Islam and the Political: Theory, Governance and International Relations (Decolonial Studies, Postcolonial Horizons)

    Karton Kapak
    This book compares Islamic and Western political formulations, highlighting areas of agreement and disparity. Building on this analysis, the author goes on to show that political Islam offers a serious alternative to the dominant political system and ideology of the West. Sabet argues that rather than leading to a "Clash of Civlizations" or the assimilation of Islam into the Western system, a positive process of interactive self-reflection between Islam and liberal democracy is the best way forward. Beginning this process, Sabet highlights key concepts of Islamic political thought and brings them into dialogue with Western modernity. The resulting synthesis is essential reading for advanced undergraduate and graduate students of Islamic and Middle Eastern politics, political theory, comparative politics and international relations.
    Temin Edilemiyor
  • Homo Juridicus: On the Anthropological Function of the Law

    Homo Juridicus: On the Anthropological Function of the Law

    Sert Kapak
    In this groundbreaking work, French legal scholar Alain Supiot examines the relationship of society to legal discourse.He arguesthat the law is how justice is implmented in secular society, but it isnot simply a technique to be manipulated at will: it is also anexpression of the core beliefs of the West. We must recognize itsuniversalizing, dogmatic nature and become receptive to otherinterpretations from non-Western cultures to help us avoid the clashof civilizations. In Homo Juridicus, Supiotdeconstructs the illusion of a world that has become “flat’’ andundifferentiated, regulated only by supposed “laws” of science andthe economy, and peopled by contract-makers driven only by thecalculation of their individual interests. Such a liberal perspectiveis nothing but the flipside of the notion of the withering away of lawand the state, promoted this time not under the banner of the strugglebetween classes, but rather in the name of the free competition betweensovereign individuals.Supiot’s exploration of the development of the“legal subject”—the individual as formed through a dense web ofcontracts and laws—is set to become a classic work of social theory.
    Temin Edilemiyor
  • Europeanism

    Europeanism

    Sert Kapak
    In Europeanism the author attempts to identify and outline the political, economic, and social norms and values associated with Europe and Europeans. He argues that regardless of the doubts associated with the exercise of European integration and the work of the European Union, and regardless of residual identities with states and nations, Europeans have much in common.
    Temin Edilemiyor
  • Critical Race Realism: Intersections of Psychology, Race, and Law

    Critical Race Realism: Intersections of Psychology, Race, and Law

    Sert Kapak
    A new way of looking at our legal system—focused on the nexus of social science, race, and the law—that takes the field of critical legal studies into the twenty-first century."The introduction of new methods in the social sciences to the law promises to revolutionize how legal scholars approach the study of race."—Jeffrey Rachlinski, professor at Cornell Law SchoolBuilding on the field of critical race theory, which took a theoretical approach to questions of race and the law, Critical Race Realism offers a practical look at the way racial bias plays out at every level of the legal system, from witness identification and jury selection to prosecutorial behavior, defense decisions, and the way expert witnesses are regarded.Using cutting-edge research from across the social sciences and, in particular, new understandings from psychology of the way prejudice functions in the brain, this new book—the first overview of the topic—includes many of the seminal writings to date along with newly commissioned pieces filling in gaps in the literature. The authors are part of a rising generation of legal scholars and social scientists intent on using the latest insights from their respective fields to understand the racial biases built into our legal system and to offer concrete measures to overcome them.Topics include:• race and juries• race and the perceived credibility of expert witnesses• the psychology of cross-racial eyewitness testimony• prejudice in police profiling• stereotyping and capital-sentencing outcomes• race and judicial decision-making• race and parental rights termination
    Temin Edilemiyor
  • Heroic Defeats: The Politics of Job Loss (Cambridge Studies in Comparative Politics)

    Heroic Defeats: The Politics of Job Loss (Cambridge Studies in Comparative Politics)

    Karton Kapak
    Heroic Defeats is a comparative investigation of how unions and firms interact when economic circumstances require substantial job loss. Using simple game theory to generate testable propositions about when these situations will result in industrial conflict, Professor Golden illustrates the theory in a range of situations between 1950 and 1985 in Japan, Italy, and Britain. Additionally, the author shows how the theory explains why strikes over job loss almost never occur in postwar unionized firms in the United States.
    Temin Edilemiyor
  • One World of Welfare: Japan in Comparative Perspective (Cornell Studies in Political Economy)

    One World of Welfare: Japan in Comparative Perspective (Cornell Studies in Political Economy)

    One World of Welfare offers a systematic, comparative examination of Japan's welfare policies and a critical assessment of previous research. Gregory J. Kasza rejects the view that the Japanese welfare system is unique; he challenges the nearly universal belief that the postwar Japanese state neglected welfare to promote rapid economic growth; he rejects the claim that there is a regional welfare model in East Asia; and he uses the Japanese case to question the dominant framework for comparative welfare research. The author explores the relevance of both convergence and divergence theories for understanding the Japanese record and spotlights the importance of international influences on the timing and content of Japan's welfare policies.This book offers a fresh comparative template for research on Japanese public policy. Case studies of Japan have often exaggerated its distinctiveness. Comparative research documents points of similarity as well as difference; it unearths the foreign models that have swayed Japan's policymakers; and it reveals what others might learn from Japan's experience. Most of the welfare challenges that Japan has faced over the last century have resembled those confronting other nations, and the Japanese have often patterned their welfare policies after those of Western countries. Japan's welfare system must be understood within a broader pattern of global policy diffusion.
    Temin Edilemiyor
  • The European Company (Law Practitioner Series) (Volume 2)

    The European Company (Law Practitioner Series) (Volume 2)

    The European Company ('SE') is a legal entity offering a European perspective for businesses. Its purpose is to allow businesses that wish to extend their activities beyond their home Member State to operate throughout the EU on the basis of one set of rules and a unified management system. The book explains how to set up and organise a European Company, as well as setting out the text of the EC instruments (a Regulation and a Directive) serving as its legal basis, and a list of national implementing laws. This second volume reports on the countries which have legislated during 2005 and 2006. Divided into two sections, it first offers critical review of the usefulness of, and the opportunities presented by, this new vehicle; analyses the Regulation and the Directive; and examines the tax aspects of the SE. The second part reports on each of the Member States.
    Temin Edilemiyor
  • The Meaning of Property: Freedom, Community, and the Legal Imagination

    The Meaning of Property: Freedom, Community, and the Legal Imagination

    In his latest book, Jedediah Purdy takes up a question of deep and lasting importance: why is property ownership a value to society? His answer returns us to the foundations of American society and enables us to interpret the writings of the patron saint of liberal economics, Adam Smith, in a wholly new light.Unlike Milton Friedman and other free-market scholars, who consider property a key to efficient markets, Purdy draws upon Smith’s theories to argue that the virtues of wealth are social rather than economic. In Purdy’s view, ownership does much more than shield one from government interference. Property shapes social life in ways that bring us closer to, or take us farther from, the ideal of a community of free and equal members. This view of property is neither libertarian nor communitarian but treats the community as the precondition of individual freedom.  This view informed U.S. law in the early days of the republic, Purdy writes, and it is one that we need to restore today.Touching upon some of the most charged issues in American politics and law, including slavery, inheritance, international development, and climate change, The Meaning of Property offers a compelling new view of property and freedom and enriches our understanding of democratic society.
    Temin Edilemiyor
  • A World Survey of Religion and the State (Cambridge Studies in Social Theory, Religion and Politics)

    A World Survey of Religion and the State (Cambridge Studies in Social Theory, Religion and Politics)

    Karton Kapak
    This book delves into the extent of government involvement in religion (GIR) between 1990 and 2002 using both quantitative and qualitative methodology. The study is based on the Religion and State dataset (RAS), which includes 175 governments across the globe, all of which are addressed individually in this book. The forms of GIR examined in this study include whether the government has an official religion, whether some religions are given preferential treatment, religious discrimination against minority religion, government regulation of the majority religion, and religious legislation. The study shows that GIR is ubiquitous, that GIR increased significantly during this period, and that only a minority of states, including a minority of democracies, have separation of religion and state. These findings contradict the predictions of religion's reduced public significance found in modernization and secularization theory. The findings also demonstrate that state religious monopolies are linked to reduced religious participation.
    Temin Edilemiyor
  • Access Contested: Security, Identity, and Resistance in Asian Cyberspace (Information Revolution and Global Politics)

    Access Contested: Security, Identity, and Resistance in Asian Cyberspace (Information Revolution and Global Politics)

    Karton Kapak
    A daily battle for rights and freedoms in cyberspace is being waged in Asia. At the epicenter of this contest is China--home to the world's largest Internet population and what is perhaps the world's most advanced Internet censorship and surveillance regime in cyberspace. Resistance to China's Internet controls comes from both grassroots activists and corporate giants such as Google. Meanwhile, similar struggles play out across the rest of the region, from India and Singapore to Thailand and Burma, although each national dynamic is unique. Access Contested, the third volume from the OpenNet Initiative (a collaborative partnership of the Citizen Lab at the University of Toronto's Munk School of Global Affairs, the Berkman Center for Internet and Society at Harvard University, and the SecDev Group in Ottawa), examines the interplay of national security, social and ethnic identity, and resistance in Asian cyberspace, offering in-depth accounts of national struggles against Internet controls as well as updated country reports by ONI researchers. The contributors examine such topics as Internet censorship in Thailand, the Malaysian blogosphere, surveillance and censorship around gender and sexuality in Malaysia, Internet governance in China, corporate social responsibility and freedom of expression in South Korea and India, cyber attacks on independent Burmese media, and distributed-denial-of-service attacks and other digital control measures across Asia.The hardcover edition does not include a dust jacket.
    Temin Edilemiyor
  • Capitalism Russian-Style

    Capitalism Russian-Style

    Karton Kapak
    Capitalism Russian-Style provides a progress report on one of the most important economic experiments going on in the world today: the building of capitalism in Russia. It describes Russian achievements in building private banks, companies, stock exchanges, new laws and law courts. It analyzes the role of the mafia, the new financial empires, entrepreneurs, business tycoons, and the shrinking Russian state. Thane Gustafson tells how the Soviet system was dismantled and the new market society was born, and examines the prospects for a Russian economic miracle in the twenty-first century.
    Temin Edilemiyor