Law: Glasshouse Brochure 2008 (UK) by Routledge Taylor & Francis Group

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WELCOME TO THE GLASSHOUSE BROCHURE GlassHouse specialises in books that offer a fresh perspective on law and contemporary legal issues. Our aim is to publish books that re-think conventional approaches to law, and that address new objects or subjects of legal enquiry. Books that are innovative as well as scholarly, and that inspire and provoke as well as inform. Books with a critical edge. And, particularly, books that draw upon the insights and frameworks of other disciplines: sociology, politics or philosophy; but also other social science and humanities disciplines, such as cultural studies, geography, economics, social policy, history and literature. This brochure showcases a selection of our new and classic titles. More information on the complete range of GlassHouse books can be found on our website, www.routledgecavendish.com GlassHouse is building up a list of highly respected authors, but we also wish to encourage others, who may be nearer to the beginning of their careers. Offering prospective authors informed editorial support, high production values and effective marketing and publicity, we welcome informal suggestions and/or formal proposals for monographs or for edited collections. To discuss or submit an idea for a book, please contact Colin Perrin, the commissioning editor for GlassHouse by email, colin.perrin@informa.com or by post: Colin Perrin, Routledge-Cavendish, Taylor & Francis Group, 2 Park Square, Milton Park, Abingdon, Oxon. OX14 4RN, United Kingdom LAWO0807

Trade customers’ representatives, agents and distribution For a list of all trade customers’ representatives, agents and distributors for UK, Rest of World, North America and South America visit: http://www.routledge.com/representatives

GlassHouse books are available from your local bookshop, or can be ordered direct from Routledge-Cavendish by calling +44 (0) 1235 400 400, or at www.routledgecavendish.com All book information, including prices, contents, extents, formats, and publication dates are accurate at the time of going to press.

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Human Rights and Empire The Political Philosophy of Cosmopolitanism Costas Douzinas, Birkbeck, University of London, UK < <

’A key contribution to the renewal of not only radical theory, but also radical politics’ – Slavoj Zizek ’A truly compelling argument... one of the most original contributions to the question of the moral and legal status of human rights.’ – Drucilla Cornell Addressing the paradox of a contemporary humanitarianism that has abandoned politics in favour of combating evil, Douzinas, a leading scholar and author in the field of human rights and legal theory, considers the most pressing international questions and explores the legacy and contemporary role of human rights. Asking if there is an intrinsic relationship between human rights and the recent wars carried out in their name and whether human rights are a barrier against domination and oppression or the ideological gloss of an emerging empire, this book examines the normative characteristics, political philosophy and metaphysical foundations of our age. Selected Contents: Part 1: The Paradoxes of Human Rights 1. The End of Human Rights? 2. Identity, Desire, Rights 3. The Many Faces of Humanitarianism 4. The Politics of Human Rights 5. Freedom in a Biopolitical Setting Part 2: The Normative Sources of the New World Order 6. Empire or Cosmopolitanism? 7. Cosmopolitanism Ancient, Modern, Postmodern 8. Human Rights: Values in a Valueless World 9. The Brief Glory and the Long Crisis of International Law 10. War, Violence, Law 11. Bare, Theological and Cosmopolitan Sovereignty 12. Postscript: The Cosmopolitanism to Come

2007: 234x156: 336pp Hb: 978-0-415-42758-6: £90.00 Pb: 978-0-415-42759-3: £26.99

The Degradation of the International Legal Order? The Rehabilitation of Law and the Possibility of Politics Bill Bowring, Birkbeck, University of London, UK ’Extraordinarily erudite and rigorous, this is a virtuoso critical defence of international law and human rights, from attacks from the right, cynicism from the left, and, perhaps most damaging of all, from their so-called friends, those cheerleaders who relentlessly cite them as justification for imperial projects.’ – China Miéville, author of Between Equal Rights: A Marxist Theory of International Law (Brill, 2005) ’Generosity of spirit, intellectual curiosity and political conviction shine through this book. Bill Bowring opens up current debates on our political orientation to international law and uncovers the equivocal role of international law in contemporary capitalism. This is a fine work of engagement as well as scholarship.’ – Robert Fine, University of Warwick, UK Providing the basis for critical engagement with the pessimism of the contemporary age, this book argues passionately for a rehabilitation of the honour of historic events and processes, and their role in generating legal concepts. Drawing primarily from the Marxian tradition, but also engaging with a range of contemporary work in critical theory and critical legal and human rights scholarship, it analyzes historical and recent international events and processes to challenge their orthodox interpretation.

February 2008: 234x156: 256pp Hb: 978-1-904385-99-8: £95.00 Pb: 978-1-904385-36-3: £28.99

Selected Contents: Introduction. Self-Determination: The Revolutionary Kernel of International Law. The Degradation of International Law? The Legality of the Invasion and Occupation of Iraq. After Iraq: International Human Rights Law in Crisis. Ideology in International Law, and the Critique of Habermas. A Substantive Account of Human Rights. Human Rights as the Negation of Politics? ’Postmodern’ Reconstructions of Human Rights. The Challenge of Methodological Individualism. The Scandal of Social and Economic Rights. The Problem of ’Legal Transplantation’ and Human Rights. Conclusion

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Serving Whose Interests?

The Political Economy of Trade in Services Agreements Jane Kelsey, Auckland University, New Zealand Serving Whose Interests? examines and draws out the tensions and contradictions of the political economy of trade in services agreements. It does this through a combination of theoretical analysis and a series of truly global case studies that include the market in telecommunications, financial services, education, energy, biotechnology, labour, natural resources, healthcare and transport. The product of extensive research by an internationally renowned expert in the area, yet written in an accessible manner, Serving Whose Interests? will be of interest to informed trade specialists, academics and students working in the areas of international trade and international trade law, and others with interests in the organization and regulation of the global economy.

July 2008: 234x156: 320pp Hb: 978-0-415-44821-5: £85.00 Pb: 978-0-415-44822-2: £24.99

Selected Contents: Introduction: Taking Services to Market 1. Reading the GATS as Ideology 2. How the GATS was Won (and Lost?) 3. TradeRelated Development 4. The Illusion of Public Services 5. Ruling the Services Infrastructure 6. Trade in People 7. Minds and Markets 8. Dominion Over the Earth 9. Energy Wars 10. Serving Whose Interests?

Law and Irresponsibility On the Legitimation of Human Suffering Scott Veitch, University of Glasgow, UK Law is widely assumed to provide contemporary society with its most important means of organizing responsibility. Across a broad range of areas of social life – from the activities of states and citizens, to work, business and private relationships – it is understood that legal regulation plays a crucial role in defining and limiting responsibilities. But Law and Irresponsibility pursues the opposite view: it explores how law organizes irresponsibility. With a particular focus on large-scale harms – including extensive human rights violations, forms of colonialism and environmental or nuclear devastation – this book analyzes the ways in which law legitimates human suffering by demonstrating how legal institutions operate as much to deflect responsibility for harms suffered as to acknowledge them. Drawing on a series of case studies, it shows not only how law facilitates the dispersal and disavowal of responsibility, but how it does so in consistent and patterned ways. 2007: 234x156: 168pp Hb: 978-0-415-44250-3: £85.00 Pb: 978-0-415-44251-0: £21.99

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Irresponsibility is organized, and its organization is traced here to the legal forms, and the social and political conditions, that sustain ‘our’ complicity in human suffering. This innovative and interdisciplinary book provides a radical challenge to conventional thinking about law and legal institutions. It will be of considerable interest to those working in law, political and legal theory, sociology and moral philosophy. Selected Contents: Introduction. The Disavowals of Legality. Social Structures and the Dispersal of Responsibilities. The Laws of Irresponsibility. Legalising Global Disaster. Complicity in Organised Irresponsibility. Conclusion

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Prostitution, Politics and Policy

Roger Matthews, London South Bank University, UK Prostitution has become an extremely topical issue in recent years and attention has focused both on the situation of female prostitutes and the adequacy of existing forms of regulation. Prostitution, Politics and Policy brings together the main debates and issues associated with prostitution in order to examine the range of policy options that are available. Governments in different parts of the world have been struggling to develop constructive policies to deal with prostitution – for example, the British Home Office recently instigated a £1.5 million programme to help address the perceived problems of prostitution. In the context of this struggle, and amidst the publication of various policy documents, Prostitution, Politics and Policy develops a fresh approach to understanding this issue, while presenting a range of what are seen as progressive and radical policy proposals. Much of the debate around prostitution has been polarized between liberals – who want prostitution decriminalized, normalized and humanized – and conservatives – who have argued that prostitution should be abolished. But, drawing on a wide range of international literature, and providing an overview that is both accessible to students and relevant to policy makers and practitioners, Roger Matthews proposes a form of radical realism that is irreducible to either of these two positions.

January 2008: 234x156: 176pp Hb: 978-0-415-45916-7: £80.00 Pb: 978-0-415-45917-4: £24.99

Selected Contents: The Emergence of Prostitution as a Significant Social and Political Issue. Prostitution Myths. Routes into Prostitution. Prostitution and Victimisation. Leaving Prostitution. Regulating Prostitution: International Perspectives. Developing a Policy Response

Child Sexual Abuse Media Representations and Government Reactions Julia C. Davidson, University of Westminster, London, UK Series: Contemporary Issues in Public Policy Child Sexual Abuse critically evaluates the development of policy and legislative measures to control sex offenders. The last fifteen years has seen increasing concern on the part of the government, criminal justice agencies, the media and the public, regarding child sexual abuse. This concern has been prompted by a series of events including cases inviting media attention and involving the abduction, sexual abuse and murder of young children. The response to this wave of child sexual abuse revelation has been to introduce increasingly punitive legislation regarding the punishment and control of sex offenders, both in custody and in the community. But this response, it is argued here, has developed in a reactionary way to media and public anxiety regarding the punishment and control of sex offenders convicted for offences perpetrated against children, and the perceived threat of such offenders in the community. Selected Contents: Defining Child Sexual Abuse. Child Protection: The Crisis in Public Confidence - From Cleveland to Waterhouse. The Role of the Media: Public Anxiety. High Profile. The Legislative Framework (1953- 2004). The Criminal Justice Response: Controlling Sex Offenders. Public Appeasement

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March 2008: 216x138: 176pp Hb: 978-1-904385-69-1: £85.00 Pb: 978-1-904385-68-4: £22.99

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Intimacy and Responsibility

The Criminalisation of HIV Transmission Matthew Weait, Birkbeck, University of London, UK ’There are few authors with Weait’s depth and breadth of scholarship who can pull such disparate theoretical strands together in such a skilful and readable way. This is an excellent and important synthesis of the current place of HIV in UK society, and our collective responses to risk.’ – Jane Anderson, HIV Medicine, July 2008 In what circumstances, and on what basis should those who transmit serious diseases to their sexual partners be criminalized? In this book Matthew Weait provides a critical analysis of the response of the English criminal courts to those who have been convicted of transmitting HIV during sex. Examining cases and engaging with the socio-cultural dimensions of HIV/AIDS and sexuality, he provides readers with an important insight into the way in which the criminal constructs the concepts of harm, risk, causation, blame and responsibility.

2007: 234x156 Hb: 978-1-904385-71-4: £85.00 Pb: 978-1-904385-70-7: £25.99

Taking into account the socio-cultural issues surrounding HIV/AIDS and their interaction with the law, Weait has written an excellent book for students studying criminal law, policy makers and healthcare professionals. Selected Contents: Introduction. Overview of the English Case Law. The International and Historical Context. HIV/AIDS and its Meanings. R v Konzani: A Case Study. Harm. Causation. Fault. Consent. Conclusion

Sexuality and the Law Feminist Engagements Edited by Vanessa E. Munro, King’s College London, UK and Carl F. Stychin, University of Reading, UK ’Rediscovering’ the peculiarity of feminist perspectives, rather than examining the broader range of gender-oriented analyses, in the area of legal regulation and sexuality, this edited collection avoids the ’reductionist’ and ’essentialist’ shortcomings of ’feminism unmodified’. With a substantial introductory chapter, written by the editors, summarizing the state of the law on core aspects of sexuality and providing a critical appraisal of the key themes and concerns, this book analyzes and transcends the traditional dichotomized thinking (e.g coercion/choice, victim/agent) about the regulation of gender issues. It addresses a broad range of key themes including crime, family and the child, contract law, jurisprudence, public and international law and offers a space in which to re-vitalize a feminist conception of sexuality.

2007: 234x156: 336pp Hb: 978-1-904385-67-7: £100.00 Pb: 978-1-904385-66-0: £29.99

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Selected Contents: Introduction 1. Dev’l-in Disguise?: Harm, Privacy and the Sexual Offences Act 2003 2. On Being Responsible 3. ’Freedom and the Capacity to Make a Choice’: A Feminist Analysis of Consent in the Criminal Law of Rape 4. De-Meaning of Contract 5. Out of the Shadows: Feminist Silence and Liberal Law 6. Transgender: Destabilising Feminism? 7. Beyond Unity 8. Speaking Beyond Thinking: Citizenship, Governance and Lesbian and Gay Politics 9. Teenage Pregnancies and Sex Education: Constructing the Girl/Woman Concept 10. ’Faith’ and the ’Good’ Liberal: The Construction of Female Sexual Subjectivity in Anti-Trafficking Legal Discourse 11. Making Sense of Zero Tolerance Policies in Peacekeeping Sexual Economies 12. Wives and Whores: Prospects for a Feminist Theory of Redistribution List of Contributors: Rosemary Auchmuty. Davina Cooper. Sharon Cowan. Margaret Davies. Ratna Kapur. Prabha Kotiswaran. Dianne Otto. Daniel Monk. Surya Monro. Vanessa E. Munro. Carl F. Stychin. Matthew Weait

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Feminist Perspectives on Land Law

Edited by Hilary Lim, University of East London, UK and Anne Bottomley, University of Kent at Canterbury, UK The first book to examine the critical area of land law from a feminist perspective, this volume provides an original and critical analysis of the gendered intersection between law and land; ranging from land use and ownership in England and Wales to Botswana, Papua New Guinea and the Muslim world. Selected Contents: Feminist Perambulations: Taking the Law for a Walk in Land. National Nature Reserves: Nature as Other Confined. Ancient Monuments of National Importance: Symbols of Whose Past? A Trip to the Mall: Revisiting the Public/Private Divide. Scapegoating and the Legal Landscape: Homeless Women and the Law. Women’s Work: Locating Gender in the Discourse of Anti-Social Behaviour. Women Travellers and the Paradox of the Settled Nomad. ’Land Doesn’t Come from your Mother, She Didn’t Make it with Her Hands’: Challenging Matriliny in Papua New Guinea. Unfair Shares for Women: The Rhetoric of Equality and the Reality of Inequality. The Shared Home: A Rational Solution Through Statutory Reform? Networking Resources: A Gendered Perspective on Kwena Women’s Property Rights. Accidental Islamic Feminism: Dialogical Approaches to Muslim Women’s Inheritance Rights List of Contributors: Rosemary Auchmuty. Anne Bottomley. Helen Carr. Melissa Demian. Sue Elworthy. Penny English. Margaret Greenfields. Anne Griffiths. Robert Home. Hilary Lim. Siraj Sait. Rosie E. Thornton. Simone Wong

2007: 234x156: 328pp Hb: 978-1-85941-806-2: £100.00 Pb: 978-0-415-42033-4: £29.99

Feminist Perspectives on Family Law Edited by Alison Diduck, University College London, UK and Katherine O’Donovan, Queen Mary, University of London, UK This book assesses the impact that feminism has had upon family law and examines specific areas of family law from a feminist perspective. It is broad in scope and looks at issues of current legal and political preoccupation. Selected Contents: 1. Introduction: Feminism and Families Plus Ca Change? 2. Family Friendly?: Rights, Responsibilities and Relationship Recognition 3. Shared Households: A New Paradigm for Thinking about the Reform of Domestic Property Relations 4. What is a Parent? 5. Parents in Law: Subjective Impacts and Status Implications Around the Use of Licensed Donor Insemination 6. After Birth: Decisions about Becoming a Mother 7. The Ethic of Justice Strikes Back: Changing Narratives of Fatherhood 8. Domestic Violence, Men’s Groups and the Equivalence Argument 9. Feminist Perspectives on Youth Justice 10. Working Towards Credit for Parenting: A Consideration of Tax Credits as a Feminist Enterprise 11. ’The Branch on Which We Sit’: Multiculturalism, Minority Women and Family Law 12. Feminist Legal Studies and the Subject(s) of Men: Questions of Text, Terrain and Context in the Politics of Family Law and Gender List of Contributors: Anne Bottomley. Richard Collier. Alison Diduck. Emily Jackson. Caroline Jones. Felicity Kaganas. Maleiha Malik. Jill Marshall. Ann Mumford. Katherine O’Donovan. Christine Piper. Carol Smart. Carl Stychin. Simone Wong

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2006: 234x156: 288pp Hb: 978-1-904385-42-4: £100.00 Pb: 978-0-415-42036-5: £31.99

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Sex, Violence and Crime

Foucault and the ‘Man’ Question Adrian Howe, RMIT University, Australia

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October 2008: 234x156: 224pp Hb: 978-1-904385-92-9: £85.00 Pb: 978-1-904385-10-3: £29.95

Adrian Howe examines the ’man’ question in a foucauldian framework, exploring what happens when sex, violence and crime, and more particularly, men’s violence against women, are placed on the criminological and political agenda. Written in a theoretically informed and yet accessible style, Sex, Violence and Crime: Foucault and the ’Man’ Question provides a novel critical approach to questions of sex and violence in contemporary Western society. It challenges criminologists and students to come to grips with post-modern feminist reconceptualizations of the relationship between sex, violence and crime to better understand and combat men’s violence against women and children. Selected Contents: On the Popularity of Sex and the Topicality of Violence. Sex, Violence and Method. Sex, Violence and Criminology. Pierre Rivire: A Postmodern Case Study (or for and against Foucault). ’Strange’ Men: From Sex to Sex Killers in the ’Age of Sex Crime’. Putting Men on the Agenda: Racialising Sexual Violence. Naming and Un-Naming Men’s Violence: ’Domestic Violence’ and other Discursive Strategies. The ’Discovery and Rediscovery’ of Child (Sexual) Assault. The ’Woman Question’ in Sexed Crime: Woman as Victim/Killer/Agent

Foucault’s Law Ben Golder, University of East London, UK and Peter Fitzpatrick, Birkbeck, University of London, UK Provocative and unorthodox, this is the first book in twenty years to address Foucault’s position on law. Engaging with neglected texts, as well as considering Foucault’s relationship to other continental thinkers, the authors examine the claim that the law was expelled from Foucault’s analysis of modernity. Advancing a radically alternative reading of Foucault’s work on law, whilst re-thinking current socio-political configurations, this book focuses on the following texts by Foucault: • ‘Truth and Juridical Forms’ • Maurice Blanchot: The Thought from Outside • ‘A Preface to Transgression’. Foucault’s Law provides an invaluable and distinctive contribution to the re-assessment of Folcault’s work that has been prompted by the publication of his lectures at the Collegé de France.

December 2008: 234x156: 144pp Hb: 978-0-415-42453-0: £75.00 Pb: 978-0-415-42454-7: £18.99

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Selected Contents: Introduction. Readings and their Diversity. Foucault’s Law and its Coherence. Instantiation: The ‘Case’ of Human Rights. Conculsion

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Hypercrime

The New Geometry of Harm Michael McGuire, London Metropolitan University, UK Hypercrime develops a new theoretical approach toward current reformulations in criminal behaviours, in particular the phenomenon of cybercrime. Emphasizing a spatialized conception of deviance, one that clarifies the continuities between crime in the traditional, physical context and developing spaces of interaction such as a ’cyberspace’, this book analyzes criminal behaviours in terms of the destructions, degradations or incursions to a hierarchy of regions that define our social world. Each chapter outlines violations to the boundaries of each of these spaces - from those defined by our bodies or our property, to the more subtle borders of the local and global spaces we inhabit. By treating cybercrime as but one instance of various possible criminal virtualities, this book develops a general theoretical framework, as equally applicable to the, as yet unrealized, technologies of criminal behaviour of the next century, as it is to those which relate to contemporary computer networks. Hypercrime provides a radical critique of the narrow conceptions of cybercrime offered by current justice systems and challenges the governing presumptions about the nature of the threat posed by it.

2007: 234x156: 400pp Hb: 978-1-904385-93-6: £95.00 Pb: 978-1-904385-53-0: £29.99

Selected Contents: Introduction. The Historical Rise of Cyber-Crime. Cyberspaces: Identity and Location. First Space Cyber-Harms: Harms to the Self and Other Objects. Second-Space Cyber-Harms: Harms to the Things Possessed by the Self and Other Objects. Third-space Cyber-Harms: Harms within the Immediate Lifeworld. Fourth-Space Cyber-Harms: The Governing Order. Regulating Cyberspace: A New Criminality?

Fear of Crime Critical Voices in an Age of Anxiety Edited by Stephen Farrall, University of Keele, UK and Murray Lee, University of Sydney, Australia An attention to the ’fear of crime’ has found its way into governmental interventions in crime prevention and into popular discourse, with many newspapers, local governments and the like conducting their own fear of crime surveys. As a concept, ’fear of crime’ has also produced considerable academic debate since it entered the criminological vocabulary in the 1960s. Bringing together a collection of new and cutting-edge articles from key scholars in criminology, Fear of Crime challenges many assumptions which remain submerged in attempts to measure and attribute cause to crime fear. But, in questioning the orthodoxy of ’fear of crime’ models, along with inquiries that have supposed that fear is objectively quantifiable and measurable, the articles collected here also offer new paradigms and methods of inquiry for approaching ’fear of crime’. Selected Contents: Introduction: The Fear of Crime as a Popular Delusion? 1. The Relationship between Likelihood and Fear of Criminal Victimisation: Evaluating Risk Sensitivity 2. Politics, Anxiety and the Fear of Crime: Towards a Psycho-Social Understanding 3. Developing a Psychology of Social Order 4. Polls, Politics, and Crime: The ’Law and Order’ Issue of the 1960s 5. Fear of Crime and New Technologies of Government 6. Untangling the Web: Deceitful and Distorted Responding in Crime and Fear of Crime Research 7. A Sense of Community: Perceptions of Safety Revisited 8. Geographies of Fear 9. Masculinity and Fear of Crime 10. Preventing Indeterminant Threats: Fear, Terror, and the Politics of Preemption. Conclusion: Where Next for the Fear of Crime?

July 2008: 234x156: 256pp Hb: 978-0-415-43691-5: £85.00 Pb: 978-0-415-43692-2: £27.99

List of Contributors: Derek Chadee. Kristen Day. Jason Ditton. Michael Enders. Stephen Farrall. Jon Jackson. Tony Jefferson. Christine Jennett. Murray Lee. Dennis Loo. Rachel Pain. Robbie Sutton. Marian Tulloch. Leanne Weber

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The Currency of Justice

Fines and Damages in Consumer Societies Pat O’Malley, University of Sydney, Australia

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Examining the differing rationalities, aims and assumptions that are built into money’s deployment in diverse legal fields and sanctions, this book explores questions about the extent to which money is an abstract universal. Primarily it asks whether it is legally, morally and politically ‘the same thing’ when deployed in various areas of law, and at different times. Money not only links together legal sanctions, it also links legal sanctions to the much broader array of techniques for governing everyday life. Evaluating the utility of ‘control society’ theses for understanding these nexuses, O’Malley concludes that contemporary governance is less concerned with disciplinary intervention and more concerned with regulating distributions and flows of behaviour, and with managing the distribution of harms and costs linked with these. Written by a leading figure in the field, this book is a startingly original contribution to current debates about governance, risk and social control.

October 2008: 234x156: 224pp Hb: 978-0-415-42567-4: £80.00 Pb: 978-1-84568-112-8: £22.99

Selected Contents: 1. Introduction: Commodity Justice and the Social Meanings of Money 2. Money, Punishment and Deterrence 3. Money and Compensation 4. Commodification and Control Societies

Law and the City Edited by Andreas Philippopoulos-Mihalopoulos, University of Westminster, London, UK Law and the City offers a lateral, critical and often unexpected description of some of the most important cities in the world from a distinctive legal perspective. It details both the flourishing of law’s spatiality and urban legal locality and an unfolding of both the juridical urban body and the city’s legal dreams, of both the ’urban law’ and the ’juridical polis’. Enlightening and at the same time problematizing the reader, this volume is an innovative collection of truly global dimensions that will prove compelling reading both for specialists and for critical travellers.

2007: 234x156: 304pp Hb: 978-1-904385-54-7: £90.00 Pb: 978-0-415-42034-1: £28.99

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Selected Contents: Introduction: In the Lawscape Part 1: Architectonics of Power 1. Berlin: The Untrusted Centre of the Law 2. Moscow: Third Rome, Model Communist City, Eurasian Antagonist - and Power as No-Power? 3. Istanbul, Political Islam and the Law: The Paradox of Modernity Part 2: Streets of the Real 4. Homophobic Violence in London: Challenging Assumptions about Strangers, Dangers and Safety in the City 5. Singapore: The One-Night Stand with the Law, Lah 6. Panjim: Realms of Law and Imagination Part 3: Legality, Illegality, Legitimacy 7. Athens: The Boundless City and the Crisis of Law 8. Mexico City: The City and its Law in Eight Episodes, 1940 - 2005 9. Law and the Poor: The Case of Dar es Salaam Part 4: The Other Intramuros 10. Toronto: A ’Multicultural’ Urban Order 11. Sydney: Aspiration, Asylum and the Denial of the ’Right to the City’ 12. Johannesburg: A Tale of Two Cases Part 5: Lines of Lawscapes 13. BrasÌlia: Utopia Postponed 14. Cyber Cities: Under Construction 15. First we Take Manhattan: Microtopia and Grammatology in Gotham List of Contributors: Antonio Azuela. Bill Bowring. Chris Butler. Bela Chatterjee. Julia Chryssostalis. Jason Keith Fernandes. Peter Goodrich. Penny Green. Patrick McAuslan. Leslie Moran. Andreas PhilippopoulosMihalopoulos. Thilo Tetzlaff. Chris Thornhil. Mariana Valverde. Johan van der Walt

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Law and the Media

The Future of an Uneasy Relationship Lieve Gies, University of Keele, UK Introducing readers to the study of law, media and popular culture, Law and the Media uses three original case studies to reexamine the assumptions underpinning, and suggest alternatives to, existing research. Arguing that the study of law, media and popular culture should be embedded in the sociology of everyday life, the author focuses on four specific topics, in which there is scope for further development. These are the facts that: • the current literature in this field predominantly focuses on crime

• fiction, primarily, has captured scholars’ attention • textual analysis continues to be the preferred study method • the literature is dominated by a fear of corrosive media effects. Exploring the often uneasy relationship between law and popular culture from specific socio-legal perspectives, this book is an essential read for those studying and researching in this area. Selected Contents: 1. Anatomy of a Troubled Relationship 2. Media, Everyday Life and Legal Consciousness 3. Reality TV and the Jurisprudence of Wife Swap 4. Method, Audience and Social Practice 5. Cultures of Legal Self-Help 6. Law and the Media: Liberal and Autopoietic Perspectives 7. Press Judges and Communication Advisers in Dutch Courts 8. Re-Evaluating Future Directions

2007: 234x156 Hb: 978-1-84568-101-2: £85.00 Pb: 978-1-904385-33-2: £25.99

Property Meanings, Histories, Theories Margaret Davies, Flinders University, Adelaide, Australia Series: Critical Approaches to Law ’The author does an excellent job addressing the complexity and multiple meanings associated with property. The feminist-property connection is especially interesting. Good for collections on law, feminism, and political theory.’ – D. Schultz, CHOICE, May 2008 This critique of property examines its classical conception: addressing its ontology and history, as well as considering its symbolic aspects and connection to social relations of power. It is organized around three themes: • the ways in which concepts of property are symbolically and practically connected to relations of power

• the ’objects’ of property in changing contexts of materialism • challenges to the Western idea of property posed by colonial and postcolonial contexts, such as the disempowerment through property of whole cultures, the justifications for colonial expansion and bio-piracy. Dealing with the symbolism of property, its history, traditional philosophical accounts and cultural difference, Margaret Davies has written an invaluable volume for all law students interested in property law and others with interests in legal theory.

2007: 216x138: 176pp Hb: 978-0-415-42933-7: £75.00 Pb: 978-1-904385-84-4: £18.99

Selected Contents: Critiques. Meanings. Histories. Theories. Horizons

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Nazi War Crimes, US Intelligence and Selective Prosecution at Nuremberg

Controversies Regarding the Role of the Office of Strategic Services Michael Salter, University of Central Lancashire, Preston, UK Reviewing recently declassified CIA documents, this book provides a balanced yet critical discussion of the contribution of American intelligence officials to the Nuremberg war crimes trials. Giving new details of how senior Nazi war criminals, such as SS General Karl Wolff, were provided with effective immunity deals, partly as a reward for their wartime cooperation with US intelligence officials - including Allen Dulles, former CIA Director the author also discusses the role of such officials in mobilizing the unique resources of a modern intelligence agency to provide important trial testimony and vital documentary evidence.

2007: 234x156: 480pp Hb: 978-1-904385-81-3: £100.00 Pb: 978-1-904385-80-6: £30.99

Selected Contents: 1. Introducing the Rationale, Aims and Methodology 2. Evidence of the War Criminality of the Wolff Group 3. The Geo-Political Context of the Peace Negotiations Surrounding OSS’ Operation Sunrise 4. Intervening on Behalf of Karl Wolff 5. Protecting the Wider Sunrise Group: Zimmer, Dollmann and Wenner 6. The Contribution of OSS Officials to the Prosecution of Nazi War Crimes 7. Gathering and Analysing the Materials that Became the R-Series of Nuremberg Trial Evidence 8. General Donovan’s Contribution to the Nuremberg Trials. Summation: Taking Stock

Law, Antisemitism and the Holocaust David M. Seymour, University of Lancaster, UK Using the work of a range of key thinkers, including Marx, Agamben, Nietzsche, Sartre, Adorno and Horkheimer, Arendt and Lyotard, this book examines the connections between legal rights as an expression of modern political emancipation and the emergence and development of the social phenomenon of antisemitism. Addressing the topic of the Holocaust and its impact upon critical forms of thought and public life, this volume discusses the relationship between law and antisemitism. Selected Contents: Introduction: Time’s Arrow. Law, Antisemitism and the Holocaust. Limits of Emancipation: Rights, Ressentiment and Antisemitism. Jews without Judaism, Judiasm without Jews: Conceptualisation of ’The Jews’ and ’the Law’ in Critical Thought. Radical Rupture or Critical Reflection: The Impact of the Holocaust on Theorising Law and Antisemitism. Conclusion: Resisting Melancholia Law Contra-Antisemitism

2007: 234x156: 160pp Hb: 978-1-904385-43-1: £75.00 Pb: 978-0-415-42040-2: £22.99

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Human Rights Controversies

The Impact of Legal Form Luke McNamara, University of Wollongong, Australia Many countries confront similar human rights controversies, but, despite the claimed universality of human rights values they are not always resolved in the same way. Why? What role do local legal conditions play? Is human rights discourse more potent where rights are constitutionally entrenched, rather than where there is a tradition of respect for underlying human rights values but no bill of rights? A comparative socio-legal examination of three recent controversies - double jeopardy reform, recognition of same-sex relationships and the operation of hate speech laws in Australia, Canada, New Zealand and the United Kingdom - provides answers to these questions. Examination of these controversies suggests that differences in the design of domestic legal institutions and procedures for the injection of human rights values into legal decision-making processes can have a powerful effect on the manner in which human rights issues are constructed, handled and resolved. 2007: 234x156: 320pp Hb: 978-1-904385-32-5: £100.00 Pb: 978-0-415-42038-9: £28.99

Selected Contents: Introduction: Universal Human Rights in a World of Localities. Rolling Back an Established Human Right: ‘Reforming’ the Rule against Double Jeopardy. Pushing the Boundaries of Human Rights. Protection: Equality and the Recognition of Same Sex Relationships. Balancing ‘Competing’ Human Rights: Drawing The Free Speech/Hate Speech Line. Conclusions: Does Legal Form Matter?

Intersectionality and Beyond Law, Power and the Politics of Location Edited by Emily Grabham, University of Kent, UK, Davina Cooper, University of Kent, UK, Jane Krishnadas, University of Keele, UK and Didi Herman, University of Kent, UK This collection addresses the present and the future of the concept of intersectionality within socio-legal studies. Intersectionality provides a metaphorical schema for understanding the interaction of different forms of disadvantage, including race, sexuality, and gender. But it also goes further to provide a particular model of how these aspects of social identity and location converge? whether at the level of subjectivity, everyday life, in culture or in the institutional practices of state and other bodies. Including contributions from a range of international scholars, this book interrogates what has become a key organizing concept across a range of disciplines, most particularly law, political theory and cultural studies. Selected Contents: Part 1: Mapping the Concept. Intersectionality and the Feminist Project in Law. The Complexity of Intersectionality Part 2: Confronting Law. Intersectionality Analysis in the Sentencing of Aboriginal Women in Canada: What Difference Does it Make? Sexual Violence, Ethnicity, and Intersectionality in International Criminal Law. Intersectionality in Theory and Practice. Identifying Disadvantage: Beyond Intersectionality. Intersectionality: Traumatic Impressions Part 3: Power Relations and the State. Transitional Intersections: Gender, Sect and Class in Northern Ireland. Minority Politics in Korea: Disability, Interraciality and Gender Rights at the Intersection: Recasting Fragments, Rebuilding Cultural, Spatial and Material Lives. Migrant Women Destabilising Borders: Citizenship Debates in Ireland Part 4: Complicating Intersectionality. Alternative Universalisms: Intersectionality and the Limits of Liberal Discourse. Inequality and Difference in Everyday Utopia. Theorising Intersectionality: Identities, Equality, and Ontology

September 2008: 234x156: 352pp Hb: 978-0-415-43242-9: £85.00 Pb: 978-0-415-43243-6: £27.99

List of Contributors: Lakshmi Arya. Doris Buss. Joanne Conaghan. Davina Cooper. Tracey De Simone. Suzanne Goldberg. Emily Grabham. Rosemary Hunter. Eunjung Kim. Jane Krishnadas. Leslie McCall. Siobhan Mullally. Momin Rahman. Eilish Rooney. Toni Williams

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Informal Reckonings

Conflict Resolution in Mediation, Restorative Justice, and Reparations Andrew Woolford, University of Manitoba, Canada and R.S. Ratner, University of British Columbia, Canada

2007: 234x156: 152pp Hb: 978-0-415-42934-4: £75.00 Pb: 978-1-904385-86-8: £19.99

From court-based diversion programmes to the South African Truth and Reconciliation Commission, so-called ’informal justice’ practices have, since the 1970s, enjoyed great popularity. This ’reparative turn’ provides reasons for both hope and concern. While conflict resolution techniques such as civil mediation, restorative justice and reparations provide opportunities for greater citizen participation in justice, they also raise the spectre of expanded state and social control. Informal Reckonings elucidates the prospects and perils of ’informal justice’ by situating those practices within the ’informal/formal justice complex’ - a socio-cultural formation within which reputedly antagonistic formal and informal legal tendencies combine to reproduce the juridical status quo. To chart a course out of the limiting space of this ’complex,’ this book proposes that mediation, restorative justice, and reparations take on the features of informal ’counterpublics’ that, as arenas for the expression and mobilization of social and legal criticism, create momentum toward a truly transformative justice. Selected Contents: Preface. Formal and Informal Justice. Assessing Informal Justice. Mediation in the Informal-Formal Justice Complex. Restorative Justice in the Informal-Formal Justice Complex. Reparations in the Informal-Formal Justice Complex. Informal Justice Counterpublics

Technologies of InSecurity The Surveillance of Everyday Life Edited by Katja Franko Aas, University of Oslo, Norway, Helene Oppen Gundhus, Norwegian Police University, Norway and Heidi Mork Lomell, University of Oslo, Norway Technologies of InSecurity examines how general, social and political concerns about terrorism, crime, migration and globalization are translated into concrete practices of securitization of everyday life.

2007: 234x156: 152pp Hb: 978-0-415-46455-0: £75.00

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Selected Contents: Introduction: Technologies of (In)security Part 1: (In)Security and Terror. Mundane Terror and the Threat of Everyday Objects. Demanding Documents: Identification Systems in State Formation, Crime Control, Colonialism and War Part 2: (In)Secure Spaces. Spatial Articulations of Surveillance at the FIFA World Cup 2006 in Germany. Checkpoint Security: Gateways, Airports, and the Architecture of Security Part 3: (In)Secure Virtualities. 24/7/365: Mobility, Locability and the Satellite Tracking of Offenders. Empowered Watchers or Disempowered Workers?: The Ambiguities of Power within Technologies of Security. Hijacking Surveillance?: The New Moral Landscapes of Amateur Photographing Part 4: (In)Secure Virtualities. The Role of the Internet in the Twenty First Century Prison: Insecure Technologies in Secure Places. Computer Crime Control as Industry: Virtual Insecurity and the Market for Private Policing Part 5: (In)Secure Rights. Technologies of Surveillance and the Erosion of Institutional Trust. Another Side of the Story: Defence Lawyers’ Views on DNA Evidence. ’Catastrophic Moral Horror’: Torture, Terror and Rights. Epilogue: The Inescapable Insecurity of Security Technologies? List of Contributors: Katja Franko Aas. Johanne Yttrl Dahl. Benjamin Goold. Helene Oppen Gundhus. Vidar Halvorsen. Yvonne Jewkes. Richard Jones. Francisco Klauser. Hille Koskela. Heidi Mork Lomell. David Lyon. Mike Nellis. Daniel Neyland. Gavin John Douglas Smith. Majid Yar. Lucia Zedner

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NOMIKOI: CRITICAL LEGAL THINKERS

Judith Butler: Ethics, Law, Politics Elena Loizidou, Birkbeck, University of London, UK ’... [this book] should find a receptive audience amongst serious scholars who are genuinely interested in engaging with Butler’s wider corpus of work, and taking her ideas to the next level.’ – Bela Chatterjee, Feminist Legal Studies, November 2007 The first to use Judith Butler’s work as a reading of how the legal subject is formed, this book traces how Butler comes to the themes of ethics, law and politics; analyzing their interrelation and explaining how they relate to Butler’s question of how people can have more liveable and viable lives. Selected Contents: Introduction: Gender Performativity as Method. Troubling Ethics: The Subject. Double Law. The Body and Political Potential. Butler’s Reception

2007: 234x156: 200pp Hb: 978-1-904385-45-5: £90.00 Pb: 978-0-415-42041-9: £28.99

Evgeny Pashukanis: A Critical Reappraisal Michael Head, University of Western Sydney, Australia A thorough examination of Pashukanis’ writings, this book is a significant contribution to a proper assessment of Pashukanis’ work, the value of his theoretical legacy and the contemporary relevance of Marxist legal theory. Selected Contents: Introduction: Pashukanis and the Challenge of Soviet Jurisprudence 1. The Marxist View of Law: Socialism, Democracy and the Withering Away of the State 2. The Dynamics of the Russian Revolution 3. The Passionate Legal Debates of Early Soviet Russia 4. The Rise and Fall of a Soviet Jurist: Evgeny Pashukanis and Stalinism 5. Pashukanis’ Theoretical Contributions and Weaknesses 6. Was there an Alternative?: Pashukanis and the Opposition 7. How has Pashukanis been Treated by Western Theorists? 8. Is Pashukanis Still Relevant? 9. Pashukanis’ Enduring Question: Can the State wither Away?

2007: 234x156: 288pp Hb: 978-1-904385-76-9: £85.00 Pb: 978-1-904385-75-2: £27.99

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DISCOURSES OF LAW Law, Orientalism and Postcolonialism The Jurisdiction of the Lotus-Eaters Piyel Haldar, Birkbeck, University of London, UK Focusing on the ’problem’ of pleasure, this book seeks to uncover the organizing principles by which the legal subject was colonised. Through the encounter with the Orient and with the fantasy of its excess, Haldar concludes, the relationship between the subject and the law was transformed, and must be re-assessed. Selected Contents: 1. Introduction: The Colonization of the Legal Subject 2. Plato and Orientalism 3. The Sultan’s Enjoyment 4. Envy and Subjectivity in Orientalism 5. Ex Oriente Lex: Orientalism and the Colonisation of Sublime Enjoyment 6. Anglican Pleasures in the Orient: Staging the Rule of Law 7. Conclusion: Dust is Miscarried

2007: 234x156: 200pp Hb: 978-0-415-96223-0: £75.00 Pb: 978-0-415-96224-7: £21.99

Endowed Regulating the Male Sexed Body Michael Thomson, Keele University, UK Spanning topics such as male circumcision and the regulation of state access to Viagra, this book uncovers recurring motifs that define masculinity and the male body in the legal imagination. In looking to these understandings, this book engages with broader questions regarding the relationship between law and gender and masculinity and social organization.

14 2007: 234x156: 208pp Hb: 978-0-415-95060-2: £75.00 Pb: 978-0-415-95061-9: £18.99

Selected Contents: 1. Masculinity, Reproductivity and Law 2. Short Changed?: The Law and Ethics of Male Circumcision 3. Reproductivity, the Workplace and the Gendering of the Body (Politic) 4. Viagra Nation: Sex and Prescribing Familial Masculinity 5. Regulating (for) Sperm Donor Identity 6. A Question of Sex?: Sport, the Healthy Body and Masculinity 7. Conclusions: Perverse Fantasy and Bodily Possibility

BIRKBECK LAW PRESS The Four Lacanian Discourses Turning Law Inside Out Jeanne Lorraine Schroeder, Cardozo School of Law, USA This book proposes a taxonomy of jurisprudence and legal practice, based on the discourse theory of Jacques Lacan. Although extremely influential in Europe and South America, Lacanian theory remains largely unexplored (in the Englishspeaking world) outside of the field of comparative literature. In taking up the jurisprudential ramifications of Lacan’s work, The Four Lacanian Discourses constitutes an original contribution to currernt theoretical and practical understandings of law. July 2008: 234x156: 192pp Hb: 978-0-415-46482-6: £70.00

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Selected Contents: 1. Quadripodes and Mathemes 2. The Master’s Discourse 3. The University’s Discourse 4. The Analyst’s Discourse 5. The Hysteric’s Discourse.

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BIRKBECK LAW PRESS CONTINUED...

Being Against the World Rebellion and Constitution Oscar Guardiola-Rivera, Birkbeck, University of London, UK How can we save politics from the politician? How can we save ourselves? This book looks at the example of those who leave the city and break the social contract, rebellious exiles and freedom fighters escaping the wheel of necessity, and learns from them. Selected Contents: Introduction: Beyond Critique 1. Archaic Objects 2. Uncanny Encounters: The West and the Way of the Rest 3. Introduction to Fetishism (With a Plea for Realism) 4. Dead Men Tell No Tales: On the Most Sublime of Fetishists 5. Let Us Make Love (and Listen to Death from Above): Notes on the History of Psychoanalysis 6. The Love that Seeks No Other: Further Notes 7. Horror in Philosophy 8. Rip it Up and Start Again 9. Sex, Laws and Rock ’n Roll 10. Guevara’s Choice

July 2008: 234x156: 224pp Hb: 978-0-415-45945-7: £85.00 Pb: 978-0-415-45946-4: £27.99

Constitutions Writing Nations, Reading Difference Judith Pryor, Waitangi Tribunal, New Zealand Bringing a postcolonial perspective to UK constitutional debates and including a detailed and comparative engagement with the constitutions of Britain’s ex-colonies, this book is an original reflection upon the relationship between the ’written’ and the ’unwritten’ constitution. Selected Contents: 1. Introduction: Constitutions - Writing Nations, Reading Difference 2. Theorising Constitutional Texts 3. ’In the Name of God and of the Dead Generations’: Proclaiming the Irish Republic 4. ’The Treaty Always Speaks’: Reading Aotearoa New Zealand’s Treaty of Waitangi/Te Tiriti o Waitangi 5. ’Fracturing the Skeleton’ of the Law: The Mabo Decision and the Re-Constitution of Australia 6. Conjuring Spectres: Locating the Constitution of Britain in its Post-Imperial Moment 7. Conclusion: Re-Reading Constitutional Texts

2007: 234x156: 256pp Hb: 978-0-415-43192-7: £100.00 Pb: 978-0-415-43193-4: £29.99

The Legality of Boxing A Punch Drunk Love? Jack Anderson, Queen’s University Belfast, UK ’[The Legality of Boxing] reads briskly and is a terrific narrative of the sport’s evolution... a measured account of facts and history.’ – Don Steinberg, Boxing Writers Association of America, USA ’Anderson’s book is always intriguing, and accurate, on sport and its general history... Anderson is very well read on boxing law and the book is entertaining and accessible for students of all levels interested in sport, law, and society whatever their preferred pastime or fandom.’ – Steve Redhead, Journal of Law and Society 34:4 (December 2007) In the first book of its kind dedicated to an assessment of the legality of boxing, Anderson examines the legal response to prize fighting and undertakes a current analysis of the status of boxing in both legal theory and practice.

2007: 234x156: 240pp Hb: 978-0-415-42932-0: £75.00

Selected Contents: Introduction: The Opening Bell - Boxing in its Historical and Social Context 1. The Legal Response to Prizefighting, 1820-1920 2. Developments in Boxing Since 1920 3. Boxing and the Law: A Current Analysis 4. The Physical and Psychological Dangers of Boxing 5. Philosophical and Ethical Considerations 6. Conclusion: The Final Round - Boxing on the Canvas?

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ALSO AVAILABLE FROM ROUTLEDGE-CAVENDISH The Rights and Wrongs of Land Restitution Edited by Derick Fay, Union College, USA and Deborah James, London School of Economics and Political Science, UK July 2008: 234x156: 224pp Hb: 978-0-415-46108-5: £70.00

Law and Faith in a Sceptical Age Anthony Bradney, University of Keele, UK

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November 2008: 234x156: 224pp Hb: 978-1-904385-73-8: £70.00

Choice and Consent Edited by Rosemary Hunter, University of Kent, UK and Sharon Cowan, University of Edinburgh, UK 2007: 234x156: 192pp Hb: 978-1-904385-85-1: £70.00

Gendered Risks Edited by Kelly Hannah-Moffat, University of Toronto, Canada and Pat O’Malley, University of Sydney, UK 2007: 234x156: 272pp Hb: 978-1-904385-78-3: £75.00

Human Genes and Neoliberal Governance Antoinette Rouvrouy, University of Namur, Belgium 2007: 234x156: 320pp Hb: 978-0-415-44433-0: £75.00

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Eco Crime and Genetically Modified Food

Reece Walters, The Open University, UK September 2008: 234x156: 200pp Hb: 978-1-904385-22-6: £70.00

Testifying to Trauma The Codification of Atrocity in Humanitarian Law

a Kirsten Campbell, Goldsmiths, University of London, UK, GlassHouse Hannah Starman, Institute of Ethnic Studies, Ljubljana and Sari Wastell, Goldsmiths, University of London, UK book December 2008: 234x156: 240pp Hb: 978-0-415-45947-1: £70.00

Absent Environments Theorising Environmental Law and the City Andreas Philoppoulos-Milalopoulos, University of Westminster, UK Series: Law, Science & Society 2007: 234x156: 272pp Hb: 978-1-84472-154-2: £75.00

Levinas, Law, Politics Edited by Marinos Diamantides, Birkbeck, University of London, UK 2007: 234x156: 232pp Hb: 978-1-904385-61-5: £75.00

The Making of a European Constitution Michelle Everson, Birkbeck, University of London, UK and Julia Eisner, Birkbeck, University of London, UK 2007: 234x156: 256pp Hb: 978-0-415-43905-3: £75.00

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