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Vol 22 No 9 Sept/Oct 2017

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Corruption and Misuse of Public Office

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Fighting for Political Freedom: Comparative Studies of the Legal Complex and Political Change

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Edited by: Terence C Halliday, Lucien Karpik, Malcolm M. Feeley

ISBN13: 9781841137674
Published: December 2007
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00
Paperback edition , ISBN13 9781841137681



Despatched in 13 to 15 days.

Across the world political liberalism is being fought for, consolidated and defended. Nations that have never enjoyed a liberal political society are constrained or inspired to do create one by international institutions; nations that have advanced towards and then retreated from political liberalism are pressed to regain lost ground; nations that have recently shifted from authoritarian to liberal political systems are encouraged to lock in the transition through institutions and constitutions, and mature democracies are being encouraged to recover diminished freedoms in the face of terrorism and domestic conflict.

This book tests for the contemporary world the proposition that lawyers are active agents in the construction of liberal political regimes. It examines the efficacy of a framework that postulates that legal professions not only orient themselves to a market for their services but they frequently can be seen in the forefront of actors seeking to institutionalise political liberalism. On the basis of some sixteen case studies from across the world, the authors present a theoretical link between lawyers and political liberalism having wide-ranging application over radically diverse situations in Asia and the Middle East, North and South America, and Europe. They argue that it is not the politics of lawyers alone but the politics of a 'legal complex' of legally-trained occupations, centered on lawyers and judges, that drives advances or retreats from political liberalism, that political liberalism itself is everywhere in play, in countries with established democracies and those without liberal politics and that it is now clear that the legal arena is a central field of struggle over the shape of political power. The case studies presented here provide powerful evidence that the nexus of bar and bench in transitions towards or away from political liberalism is a force which has universal application.

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Subjects:
Public International Law
Contents:
1. The Legal Complex and Struggles for Political Liberalism
Terence C Halliday, Lucien Karpik and Malcolm M Feeley
Part One: Asia
2. Law and the Liberal Transformation of the Northeast Asian Legal Complex in Korea and Taiwan
Tom Ginsburg
3. Birth of a Liberal Moment? Looking Through a One-Way Mirror at Lawyers’ Defence of Criminal Defendants in China
Terence C Halliday and Sida Liu
4.‘Dissolving the People’: Capitalism, Law and Democracy in Hong Kong
Carol Jones
5. The State, Civil Society, and the Legal Complex in Modern Japan: Continuity and Change
Malcolm M Feeley and Setsuo Miyazawa
Part Two: Middle East
6. Mobilising the Law in an Authoritarian State: The Legal Complex in Contemporary Egypt
Tamir Moustafa
7. Reluctantly Sailing Towards Political Liberalism: The Political Role of the Judiciary in Turkey
Zühtü Arslan
8. The Ambivalent Language of Lawyers in Israel: Liberal Politics, Economic Liberalism, Silence and Dissent
Gad Barzilai
Part Three: The Americas
9. The Legal Complex and the Response to Police Violence in South America
Daniel M Brinks
10. When the ‘Political Complex’ takes the Lead: The Configuration of a Moderate State in Chile
Javier A Couso
11. Lawyers and Political Liberalism in Venezuela
Rogelio Perez Perdomo
12. Contesting Legality in the United States after September 11
Richard L Abel
Part Four: Europe
13. Politicising Law to Liberalise Politics: Anti-Francoist Judges and Prosecutors in Spain’s Democratic Transition
Lisa Hilbink
14. Lawyers and Statist Liberalism in Italy
Carlo Guarnieri
Postscript
15. Political Lawyers
Lucien Karpik

Series: Onati International Series in Law and Society

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Delivering Family Justice in the 21st Century (eBook) ISBN 9781782259718
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Women's Rights to Social Security and Social Protection (eBook) ISBN 9781849469760
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Gender and Judging (eBook) ISBN 9781782251118
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Managing Family Justice in Diverse Societies (eBook) ISBN 9781782250777
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Managing Family Justice in Diverse Societies ISBN 9781849464000
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Shooting to Kill: Socio-Legal Perspectives on the Use of Lethal Force ISBN 9781849462921
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Challenging the Legal Boundaries of Work Regulation ISBN 9781849462792
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£70.00
Challenging the Legal Boundaries of Work Regulation (eBook) ISBN 9781847319784
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Criminological and Legal Consequences of Climate Change: ISBN 9781849461863
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£60.00
Mediation in Political Conflicts: Soft Power or Counter Culture
Edited by: Jacques Faget
ISBN 9781849460699
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£29.99
Emotions, Crime and Justice (eBook) ISBN 9781847317834
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Emotions, Crime and Justice ISBN 9781849461610
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Travels of the Criminal Question: Cultural Embeddedness and Diffusion ISBN 9781849460767
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Human Rights at Work: Perspectives on Law and Regulation ISBN 9781841139982
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£45.00
The Legal Tender of Gender: Law, Welfare and the Regulation of Women's Poverty ISBN 9781841133157
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£30.99
Criminology and Archaeology: Studies in the Looting of Antiquities ISBN 9781841139920
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Hart Publishing
£31.99
Changing Contours of Domestic Life, Family and Law: Caring and Sharing ISBN 9781841139036
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Legal Institutions and Collective Memories ISBN 9781841133270
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£35.99
Legal Institutions and Collective Memories ISBN 9781841133263
Published August 2009
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Living Law: Reconsidering Eugen Ehrlich
Edited by: Marc Hertogh
ISBN 9781841138985
Published December 2008
Hart Publishing
£31.99
Women, Crime and Social Harm: Towards a Criminology for the Global Age ISBN 9781841138411
Published November 2008
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Rethinking Equality Projects in Law: Feminist Challenges ISBN 9781841138398
Published July 2008
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Responsible Business ISBN 9781841137803
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£31.99
Responsible Business ISBN 9781841137797
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Parenting after Partnering: Containing Conflict after Separation
Edited by: Mavis Maclean
ISBN 9781841137827
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£30.99
Parenting after Partnering: Containing Conflict after Separation ISBN 9781841137810
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Crafting Transnational Policing ISBN 9781841137759
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£34.99
European Ways of Law: Towards a European Sociology of Law ISBN 9781841137773
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European Ways of Law: Towards a European Sociology of Law ISBN 9781841137780
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Globalisation and Resistance: Law Reform in Asia since the Crisis ISBN 9781841136806
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Globalisation and Resistance: Law reform in Asia since the Crisis ISBN 9781841136813
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Precarious Work, Women, and the New Economy: The Challenge to Legal Norms ISBN 9781841136165
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Luhmann On Law and Politics: Critical, Appraisals and Applications ISBN 9781841136240
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Theory and Method on Socio-Legal Research ISBN 9781841136264
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Theory and Method on Socio-Legal Research (eBook) ISBN 9781847316912
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Contemporary Issues of the Semiotics of Law ISBN 9781841135458
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Family Law and Family Values ISBN 9781841135472
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£31.99
After National Democracy ISBN 9781841133287
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£36.99
Women in the World's Legal Professions ISBN 9781841133201
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£43.99
Women in the World's Legal Professions ISBN 9781841133195
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ISBN 9781841132938
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ISBN 9781841132945
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