. Available sources—imperial law, histories and chronicles, hagiographies, and archival documents—were written mainly by males; female-authored texts are rare in Byzantine literature. Social stratification also operates against attempts to create a consistent
Critical Notes on Agamben’s Political Messianism
that in one respect Agamben does repeat a typical supersessionist gesture, namely in pitting law against grace and thereby counterposing law to liberation. In so doing, Agamben not only fails to do justice to an essential element in Jewish conceptions
necessity with the threat of anarchy : But when and how far is the plea of necessity available to one who is prima facie guilty of tort? Well, one thing emerges with clarity from the decisions and that is that the law regards with the deepest suspicion
A Conceptual Inquiry
Timo Pankakoski and Antto Vihma
Fragmentation has become a key concept in the analysis of international law and global governance in recent years. For many, fragmentation has both positive and negative aspects, but scholars are divided over which aspect is predominant. The
Regulations, ‘Mistakes’ and Personhood amongst Kigali’s Motari
stupidity. Thus, André could be seen as resisting legality, trying to avoid the problems of visibility and legibility ( Scott 1998 ) that the law imposes and the risk of serious difficulties that it might entail. In Rwandan studies, such accounts of people
A Spiral Progression
In the early 1990s, soon after Israel had ratified the UN Convention on the Rights of the Child, the Israeli Supreme Court issued several rulings that focused on the issue of children's rights, which would now be addressed as a fundamentally new doctrine. Presented as reflecting a significant change in the attitude of the case law, this doctrine was ascribed to the ratification of the Convention and to the enactment in 1992 of Israel's Basic Law: Human Dignity and Liberty. In this article, I argue that the recognition of children as rights bearers is not new and that signs of it are evident in the Court's case law dating back to the early years of Israel's existence. The development of the case law, however, has not been linear. In this article, I analyze the spiral progression of this process and suggest explanations for the particular course that Israeli case law has taken with regard to the recognition of children's rights.
Toward a New Legally Oriented Environment at a Global Level
Giovanni Tartaglia Polcini
Cooperation (IDC) is also supporting the rule of law in Africa together with the International Development Law Organization (IDLO) by generating greater awareness and political commitment. So, Italy intends to develop an innovative and up-to-date approach
Jeremy J. Kingsley
This article demonstrates how an integral element of the fabric of governance on the eastern Indonesian island of Lombok, and many other parts of the Indonesian archipelago, are non-state local security arrangements, such as night watches and militias. These groups play a significant role in the local infrastructure of security and law enforcement. Consequently, this article challenges a common assumption by legal scholars, and many other observers of Indonesia, that state-based institutions such as the police are the exclusive, and only legitimate, mode of law enforcement in Indonesia. Through an ethnographic engagement with the idea of law enforcement on Lombok, I seek to broaden these assumptions about legitimate modes of statecraft. These non-state entities fill a void in the Indonesian law enforcement architecture that the state is unable or unwilling to fulfil (or potentially finds it more practical to delegate to local non-state institutions).
Kaloyan Haralampiev and Georgi Dimitrov
The research task arising from the EU’s policy concerns in the realm of rule of law This article aims to resolve an important policy problem, namely the EU’s changing approach to the rule of law (ROL). In early 2014, the European Commission
Filippo M. Zerilli
This introductory article aims to clarify why soft law is an interesting field to explore from a legal anthropological perspective and to point out a number of issues this theme section suggests taking into consideration. The article provides the context for the theme section, inserting soft law within global legal concerns and processes. It outlines the emergence of the notion of soft law, and summarizes the controversies it has raised among legal scholars and law practitioners. Then it explains why, despite the elusive character of the notion and its uncertain normative status, as soon as we move beyond a number of emblematic concerns for law practitioners, soft law mechanisms and practices appear to be a vantage point to explore the emerging transnational legal order, and particularly the relations among state, supra-state, and non-state (private) forms of regulation. Finally, the article introduces the articles in the special section of this issue by highlighting the ways in which they empirically deal with soft law practices and global legal pluralism in a variety of social fields and contexts, using ethnographic sensitivity and imagination.