Rules of Law and Laws of Ruling : On the Governance of Law (Law, Justice and Power)

✍ Scribed by Keebet von Benda-Beckmann and Julia Eckert Franz von Benda-Beckmann

• Year: 2009
• Tongue: English
• Leaves: 302
• Category: Library

✦ Synopsis

Offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, "Rules of Law and the Laws of Ruling" will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.

✦ Table of Contents

Contents......Page 6
List of Figures......Page 8
Notes on Contributors......Page 10
Acknowledgements......Page 16
1 Rules of Law and Laws of Ruling: Law and Governance between Past and Future......Page 18
2 Reflections on the Anthropology of Law, Governance and Sovereignty......Page 48
3 Private Military Companies and State Sovereignty: Regulating Transnational Flows of Violence and Capital......Page 78
4 Laws of Suspicion: Legal Status, Space and the Impossibility of Separation in the Israeli-occupied West Bank......Page 100
5 Ritual and Rule in the Periphery: State Violence and Local Governance in a Peruvian Comunidad......Page 118
6 Government, Business and Chiefs: Ambiguities of Social Justice through Land Restitution in South Africa......Page 142
7 Re-scaling Governance for Better Resource Management?......Page 168
8 The Governance of Children: From Welfare Justice to Proactive Regulation in the Scottish Children’s Hearings System......Page 188
9 Migration and Integration of Third-country Nationals in Europe: The Need for the Development of an Efficient, Effective and Legitimate System of Governance......Page 208
10 From the Revenue Rule to Soft Law and Back Again: The Consequences for ‘Society’ of the Social Governance of International Tax Competition......Page 234
11 The Law of the Project: Government and ‘Good Governance’ at the World Bank in Indonesia......Page 254
12 Corruption as Governance? Law, Transparency and Appointment Procedures in Italian Universities......Page 274
Index......Page 296