Rules of Law and Laws of Ruling

On the Governance of Law

Franz von Benda-Beckmann, Keebet von Benda-Beckmann, Franz von Benda-Beckmann, Keebet von Benda-Beckmann

• Publisher: Routledge
• Year: 2016
• ISBN:
  9781317060932
• Edition: 1
• Topic: Law
• Subtopic: Jurisprudence
• Index: Law

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 Laws of Ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.

Table of contents

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