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Adcreep
TABLE OF CONTENTS The Case Against
Law and Society....................... 2-5
Modern Marketing
The Cultural Lives of Law..........5 Mark Bartholomew
U.S. Law and Courts............... 6-7 Adcreep journeys through the
Stanford Briefs...............................8 curious and troubling world
Now in Paperback.........................9 of modern advertising. An
Stanford Studies in array of techniques that might
Human Rights...............................10 seem like the stuff of science
International and fiction—biometric scans,
Comparative Law......................... 11 automated online spies, facial
recognition software—are
Examination Copy Policy..........7 now routinely deployed to
study and stimulate consumer
desire. The end result is that
OR DER IN G corporate America not only knows you better than ever before,
Use code S17LAW to receive but can reach you at almost any moment, often without your
a 20% discount on all ISBNs awareness, dramatically tilting the historical balance of power
listed in this catalog.
between advertiser and audience.
Visit sup.org to order online. Visit
sup.org/help/orderingbyphone/ Mark Bartholomew reveals the consequences of life in a world
for information on phone of non-stop selling, drawing from psychological experiments,
orders. Books not yet published
or temporarily out of stock will be marketing texts, communications theory, and the history of
charged to your credit card when advertising. Adcreep mounts a damning critique of the modern
they become available and are in American legal system’s failure to stem the flow of invasive
the process of being shipped.
advertising into our homes, parks, schools, and digital lives.
@stanfordpress “A superb and trenchant critique of the rise of advertising in
facebook.com/ the digital era. A must-read for anyone concerned about the
stanforduniversitypress reach of commercial persuasion.”
Blog: stanfordpress. —Sonia Katyal, University of California, Berkeley
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“Adcreep is the most comprehensive exploration yet of
emerging techniques of coercion in commercial media and
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2 LAW AND SOCIETY
Law Mart The Poverty of Privacy Rights The Balance Gap
Justice, Access, and For-Profit Khiara M. Bridges Working Mothers and the
Law Schools Limits of the Law
The Poverty of Privacy Rights makes
Riaz Tejani a simple, controversial argument: Sarah Cote Hampson
In the early 2000s, private equity Poor mothers in America are In recent decades, laws and
financiers established the first deprived of the right to privacy. The workplace policies have emerged
for-profit law schools, offering the U.S. Constitution is supposed to that seek to address the “balance”
promise of professional upward bestow rights equally. Yet the poor between work and family. Millions
mobility through high-tech, are subject to invasions of privacy of women in the U.S. take time
simplified teaching and learning. In that are gross demonstrations of off when they give birth or adopt
Law Mart, a vivid ethnography of governmental power. Khiara M. a child, making use of “family-
one such school, Riaz Tejani argues Bridges investigates poor mothers’ friendly” laws and policies.
that the rise of these institutions experiences with the state—both
when they receive public assistance The Balance Gap traces the
shows the limits of market-based
and when they do not. Presenting paths individual women take in
solutions. Building on theories in
a holistic view of how the state understanding and invoking work/
law, political economy, and moral
intervenes in all facets of poor life balance laws and policies.
anthropology, Tejani reveals how
mothers’ privacy, Bridges turns Conducting in-depth interviews in
for-profit law schools marketed
popular thinking on its head, two distinctive workplace settings
themselves directly to “minority”
arguing that these women simply —public universities and the U.S.
communities, relaxed admission
do not have familial, informational, military—Sarah Cote Hampson
standards, increased diversity, shook
and reproductive privacy rights. uncovers how women navigate the
up curricula, and saw student success
Further, she asserts that until we laws and the unspoken cultures
rates plummet. Law Mart offers an
disrupt the cultural narratives that of their institutions. As Hampson
unprecedented glimpse into the
equate poverty with immorality, shows, these policies and women’s
collision of law, finance capitalism,
nothing will change. abilities to understand and utilize
and “higher” learning.
them have fallen short of alleviating
“An extremely insightful and smart “This book calls us to rethink the very the tensions women experience.
analysis. Tejani's book is a must- meaning of the right to privacy and
read for anyone who cares about the to end the unjust and unsupportable “Elegantly written and timely,
future of the legal profession.” moral condemnation of poverty.” The Balance Gap is a rigorous
call to action in transforming how
—Eve Darian-Smith, —Dorothy Roberts,
University of California, author of Killing the Black Body we view the ideal mother and the
Santa Barbara ideal worker.”
296 pages, June 2017 —Renée Ann Cramer,
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LAW AND SOCIETY 3
The Transparency Fix SILVER AWARD WINNER IN HISTORY Laws of Image
(U.S.) AT THE 2017 INDEPENDENT
Secrets, Leaks, and Uncontrollable PUBLISHER BOOK AWARDS
Privacy and Publicity in America
Government Information Samantha Barbas
Newsworthy
Mark Fenster The Supreme Court Battle over Though most Americans live their
Government information cannot Privacy and Press Freedom lives privately, sometimes the
be controlled. The Transparency Samantha Barbas limelight is thrust upon them, often
Fix asserts that both transparency in unflattering ways. Today, many
movements and secrecy advocates In 1952, the Hill family was held have successfully sued over being
hold the mistaken belief that hostage by escaped convicts in portrayed before the public in ways
government information can be their suburban Pennsylvania home. they found misrepresentative or
released or kept secure on command. Newsworthy is the story of their upsetting. But the power to sue and
story, the media firestorm that protect public image is a relatively
In truth, the world did not end ensued, and their legal fight to end new development in the history of
because Julian Assange, WikiLeaks, unwanted, distorted public expo- the United States.
and Edward Snowden released sure. The resulting 1967 Supreme
classified information. But nor Court decision, Time, Inc. v. Hill, Laws of Image reveals how
was there a significant political still influences our approach to Americans came to use the law to
change. Using a variety of examples privacy and freedom of the press. protect and manage their images,
to examine how government feelings, and reputations. In this
information actually flows, Mark Samantha Barbas tells the story cultural and legal history, Saman-
Fenster describes how the legal of how American law and culture tha Barbas ties the development of
regime’s tenuous control over state struggled to define and reconcile the personal image law to the endemic
information belies the promise and right of privacy and the rights of the image-consciousness of our media-
peril of transparency. He challenges press. Newsworthy weaves together saturated culture of celebrity and
us to confront the implausibility of a fascinating account of the rise of consumerism. The laws of image
controlling government information big media and the public’s ongoing are the expression of a people who
despite our obsession with trans- love-hate affair with the press. have become so publicity-conscious
parency and secrecy. “A valuable addition to the volatile that they believe they have a right
debate over the tension between to control, manage, and spin their
“No one has done more than Mark
Fenster to challenge the premises and freedom of the press and the right images like actors and politicians.
policies of the open government move- to privacy in the U.S.”
“Beautifully written and
ment. This book will be foundational —Stephen Wermiel, powerfully argued.”
in critical transparency studies.” co-author of Justice Brennan:
Liberal Champion —Lawrence Lessig,
—David Pozen, Harvard Law School
Columbia Law School 352 pages, January 2017
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4 LAW AND SOCIETY
Wild Life Raised Right Pregnant with the Stars
The Institution of Nature Fatherhood in Modern Watching and Wanting the
Irus Braverman American Conservatism Celebrity Baby Bump
Jeffrey R. Dudas Renée Ann Cramer
Wild Life documents a nuanced
understanding of the wild What, and who, holds together the Pregnant with the Stars examines
versus captive divide in species modern convervative movement’s the American fascination with—
conservation. It describes the corporate interests, small-government and judgment of—celebrity
emerging understanding that libertarians, social traditionalists, pregnancy. It exposes how a
all forms of wild nature—both and evangelical Christians? seemingly innocent interest in
in situ (on-site) and ex situ “baby bumps” reinforces troubling
Raised Right pursues an answer
(in captivity)—may need to standards about femininity, race,
through a study of three iconic
be managed in perpetuity. and class, while increasing the
figures: National Review editor
Providing a unique window into surveillance and regulation of
William F. Buckley, Jr., President
the high-stakes world of nature women in society.
Ronald Reagan, and Supreme Court
conservation, Irus Braverman
Justice Clarence Thomas. Jeffrey R. Investigating media coverage
describes the heroic efforts by
Dudas identifies a “paternal rights of pregnant celebrities, Renée
conservationists to save wild life.
discourse”—arguments about father- Ann Cramer shows how women
Drawing on interviews with more
hood and rights that permeate the are categorized and defined by
than 120 conservation biologists,
men’s personal lives and political pregnancy and how ideas like
zoologists, zoo professionals,
visions. Each argued that paternal the “rockin’ post-baby body” are
government officials, and wildlife
discipline produced autonomous a means of social control. This
managers, she explores the
citizens worthy and capable of book uncovers a world where
various perspectives on in situ
self-governance, which provided seeing, judging, and discussing
and ex situ conservation and the
the cohesive agent for an entire the “baby bump” isn’t frivolous
blurring of the lines between them.
movement, uniting its celebration gossip—it is an act of surveillance,
“Wild Life makes the voices of of its “founding fathers,” past and commodification, and control.
conservationists heard while present, constitutional and biological.
providing a sharp diagnosis of the “Cramer has a rare gift for drawing
ethical dilemmas and paradoxes “I began this book a skeptic and our attention to everyday forms of
of their efforts to save endangered finished it a convert. A true tour power that occur at the intersection
species. A must-read.” de force.” of popular culture, politics, and the
—Malcolm M. Feeley, law and converge in our gaze on
—Ursula K. Heise,
University of California,
University of California, Berkeley women’s bodies.”
Los Angeles 224 pages, March 2017 —Claire Rasmussen,
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348 pages, 2015
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THE CULTURAL LIVES OF LAW 5
A SERIES EDITED BY AUSTIN SARAT
Witnesses of the Unseen
Seven Years in Guantanamo
Lakhdar Boumediene and
Mustafa Ait Idir
This searing memoir shares
the trauma and triumphs of
Lakhdar Boumediene and
Mustafa Ait Idir’s time inside
America’s most notorious
prison. In 2001, they were
arrested in Bosnia, wrongly
accused of participating in
a terrorist plot. Instead of
being freed, they were flown
blindfolded and shackled to
Guantanamo Bay, Cuba, where they were held in outdoor Judicial Independence and
cages as the military prison was built around them. the American Constitution
A Democratic Paradox
For the next seven years, they endured torture, harassment,
Martin H. Redish
force-feedings, and beatings, all the while not knowing if they
would ever see their families again. They had no opportunity The Framers of the American
Constitution established a judicial
to argue their innocence until 2008, when the Supreme Court branch to protect and enforce
issued a landmark ruling in their case, Boumediene v. Bush, constitutional limits. They
confirming Guantanamo detainees’ constitutional right to recognized that, paradoxically,
challenge their detention. Weeks later, the federal judge who only a counter-majoritarian
heard their case, stunned by the absence of evidence against judicial branch can ensure
the continued vitality of our
them, ordered their release. Now living in Europe and rebuilding representational government.
their lives, Lakhdar and Mustafa share a story that every
American ought to know. This paradox of American
democracy has been both challenged
“Lakhdar Boumediene and Mustafa Ait Idir tell the urgent, and ignored by office holders and
compelling story behind their detention and one of the most im- legal scholars. Martin H. Redish
defends the centrality of these
portant Supreme Court decisions of this century. A revealing and special protections of judicial
moving look at what the government tried desperately to hide.” independence. He explains how the
—David Cole, Professor, Georgetown Law, nation’s system of counter-majoritarian
and National Legal Director, ACLU constitutionalism cannot survive
absent the vesting of final powers
“An intense, important read for anyone interested in the of constitutional interpretation and
American government’s misguided efforts at Guantanamo.” enforcement in the one branch of
government expressly protected
—Kirkus Reviews from direct political accountability:
the judicial branch.
“A must-read for all people of conscience.”
“Ignore Redish at your peril. This
—Shakeel Syed, Former Executive Director, well-written and accessible book is
Islamic Shura Council sure to be oft-cited for decades.”
—Charles Geyh,
Maurer School of Law,
Indiana University
288 pages, April 2017
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6 U.S. LAW AND COURTS
EXAMINATION COPY
POLICY
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the Return of Conservative Why Smaller Government invoice will be cancelled.
Libertarianism Is Smarter Otherwise, you may
Wayne Batchis Second Edition purchase the book or
Ilya Somin return it at no cost.
Not so long ago, being aggressively
“pro–free speech” was as closely One of the biggest problems with Requests by mail or
associated with American political modern democracy is that most of fax must be on your
liberalism as being pro-choice or the public is ignorant of politics. department letterhead,
pro–gun control. Yet today, for This creates a nation of people specifying the title of
many conservatives, free speech with little political knowledge your course, expected
represents a crucial shield that protects and little ability to objectively
traditionalists from a perceived
enrollment, the semester
evaluate what they do know. The
scourge of political correctness and or quarter in which the
second edition of Democracy and
liberal oversensitivity. Free market Political Ignorance fully updates course will be offered, the
conservatives have risen up to its analysis to include new, vital course level (undergradu-
embrace a now cherished liberty: discussions on the “Big Sort,” the ate or graduate), and the
freedom of commercial expression. link between ignorance and the titles of any textbooks
Surveying six decades of writings disproportionate influence of the that you currently use.
from the conservative publication wealthy, proposed new strategies
National Review, alongside evolving for increasing political knowledge,
constitutional law and ideological and up-to-date survey data. Ilya MAIL TO:
predispositions of Supreme Court Somin reveals political ignorance Examination Copy
justices, Wayne Batchis reveals how as a major problem for democracy, Stanford University Press
this keystone of our civic beliefs one best mitigated by decentral-
now carries a complex political identity. 500 Broadway
izing and limiting government.
Redwood City, CA 94063
“An important and readable guide “A must-read for anyone wanting
to the transition from conservative to understand the pathologies of
moralism to conservative libertarianism.” American democracy and what we FAX TO:
—Mark Graber, can do about it.” (650) 725-3457
University of Maryland School of Law —Jason Brennan,
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STANFORD STUDIES IN LAW AND
POLITICS
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U.S. LAW AND COURTS 7
StanfordBRIEFS
How Civility Works
Keith J. Bybee
Is civility dead within American
public life? Rudeness runs
rampant. Our news media is
saturated with aggressive bluster
and vitriol. Surveys show
that a significant majority of
Americans believe we are living
in an age of unusual anger and
discord. Everywhere we look,
there seems to be conflict and
hostility, with shared respect
and consideration nowhere
to be found. In a country that
encourages thick skins and speaking one’s mind, is civility The New States of
even possible, let alone desirable? Abortion Politics
In How Civility Works, Keith J. Bybee elegantly explores the Joshua C. Wilson
“crisis” in civility, looking closely at how civility intertwines The 2014 Supreme Court ruling on
with our long history of boorish behavior and the ongoing McCullen v. Coakley marked the
reengagement of the Supreme Court
quest for pleasant company. Bybee argues that the very
in abortion politics. The ruling
features that make civility ineffective and undesirable also highlights the success of anti-
point to civility’s power and appeal. abortion activists’ efforts to transform
the very politics of abortion.
“For anyone who believes that First Amendment values and
human morality need not be on a collision course, and that The New States of Abortion Politics
tells the story of this movement,
constraint of our own words is neither hypocrisy nor inauthentic,
from streets to legislative halls
Bybee begins an important conversation about how our discourse to courtrooms. With the end of
can be moral and robust without sacrificing truth or freedom.” clinic-front activism, lawyers
—Dahlia Lithwick, Slate and politicians have taken on the
fight—putting anti-abortion causes
on the offensive in friendly state
“The current political moment does not exactly exude civility…
forums and placing reproductive
Eventually we’ll have to stop faking it and internalize a genuine rights advocates on the defense in
desire for civility. The more aspirational sections of How Civility the courts. The stakes for abortion
Works intimate how we might get there.” politics are higher than ever. This
book elucidates how—and why.
—John Inazu, Comment
“The New States of Abortion
88 pages, 2016 Politics will change how we think
9781503601543 Paper $12.99  $10.39 sale about abortion politics in America.”
—Kristin Luker,
author of Abortion and
the Politics of Motherhood
128 pages, 2016
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8 STANFORD BRIEFS
NAACP IMAGE AWARD NOMINEE
FOR AN OUTSTANDING LITERARY
WORK FROM A DEBUT AUTHOR

WINNER OF THE 2017 PROSE
AWARD FOR EXCELLENCE IN
SOCIAL SCIENCES AND THE
PROSE AWARD FOR LAW AND
LEGAL STUDIES

Crook County
Racism and Injustice
in America’s Largest
Criminal Court
Nicole Gonzalez Van Cleve
Crook County bursts open the
courthouse doors and enters
the hallways, courtrooms,
judges’ chambers, and attorneys’ offices to reveal a world of
Letters of the Law
Race and the Fantasy of punishment determined by race, not offense.
Colorblindness in American Law Now in paperback, Nicole Gonzalez Van Cleve’s book chronicles
Sora Y. Han ten years working in and investigating the largest criminal
In Letters of the Law, Sora Y. Han courthouse in the country, Chicago–Cook County. She takes
develops a critique of colorblind- readers inside our so-called halls of justice to witness everyday
ness by deconstructing the law’s racial abuses that fester within the courts, often in plain sight.
central doctrines on due process, Gonzalez Van Cleve urges all citizens to take a closer look at
citizenship, equality, punishment,
and individual liberty, in order
the way we do justice in America.
to expose how racial slavery and A potent resource for any individual, educator, student,
the ongoing struggle for abolition
or organization wanting to deepen their knowledge of the
continue to haunt the law’s reliance
on the fantasy of colorblindness. endemic racism in our judicial system and what they can do to
Han provides original readings help, Crook County provides a compelling read grounded in a
of iconic Supreme Court cases decade’s worth of research and passion.
on racial inequality—spanning
Japanese internment to affirmative “Beautifully written and keenly insightful, Crook County is
action, policing to prisoner rights, a horror story I couldn’t put down. Powerful, disturbing and
Jim Crow segregation to sexual paradigm shifting, [this] is ethnography at its best.”
freedom. Letters of the Law compels
readers to reconsider how the —Paul Butler, Georgetown Law, author of
The Chokehold: Policing Black Men
diverse legacies of civil rights reform
archived in American law might be
rewritten as a heterogeneous “The book is destined to become a classic, and ought to be on the
practice of black freedom struggle. mandatory reading list for citizens, law and society scholars, and
“A stunning inquiry into the racial all sentient social scientists.”
haunt of the law, this compelling and —Thomas E. Reifer, Law and Society Review
beautiful work proves that the time
of slavery is with us still.”
—Colin Dayan,
Visit sup.org/crookcountyresources for a companion
Vanderbilt University, website featuring new content, media, videos from the
author of The Law is a White Dog
author, and more for students and instructors.
184 pages, 2015
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272 pages, 2016
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NOW IN PAPERBACK 9
Just Violence Rights After Wrongs Bodies of Truth
Torture and Human Rights in Local Knowledge and Human Law, Memory, and Emancipation
the Eyes of the Police Rights in Zimbabwe in Post-Apartheid South Africa
Rachel Wahl Shannon Morreira Rita Kesselring
Stark revelations about torture Human rights do not exist as a Bodies of Truth offers an intimate
by American forces at places like mere framework; they are enacted, account of how apartheid victims
Guantanamo Bay have stoked practiced, and debated in local deal with the long-term effects of
a fascination with torture and contexts. Rights After Wrongs shows violence, focusing on the intertwined
debates about human rights. Yet where the sweeping colonial logics themes of embodiment, injury,
the public still knows little about of Western law meet the lived victimhood, and memory. In 2002,
the officers who actually commit experiences, accumulated histories, victims of apartheid-era violence
such violence. and humanitarian debts present in filed suit against multinational
post-colonial Zimbabwe. corporations, accusing them of aiding
Just Violence reveals the moral
and abetting the apartheid regime.
perspective of perpetrators of Presenting the stories of those who
This book shows victims’ attempts to
torture and how they respond to lived through the violent struggles
emancipate from their experiences
human rights efforts. Through of the past decades, Shannon
by participating in legal actions and
interviews with law enforcers in Morreira explores the ways in
creating new forms of sociality.
India, Rachel Wahl uncovers the which the global framework of
beliefs that motivate officers who human rights is locally interpreted, Rita Kesselring’s ethnography draws
use and support torture, and how constituted, and contested in on long-term research with members
these beliefs shape their responses Harare, Zimbabwe, and Musina of a victim support group and critical
to international human rights and Cape Town, South Africa. analysis of legal proceedings. Using
norms. Wahl reveals how human Rights After Wrongs uncovers the juridical intervention as an entry
rights strategies can undermine disconnect between how human point into the question of subjectivity,
each other, leaving the movement rights appear on paper and how Kesselring asks how victimhood is
with complex dilemmas about how they are used and understood in experienced in the everyday.
to work with or against perpetrators. everyday life. “Kesselring examines the limits of law
“This provocative book offers new “Unbound by national borders, and makes a powerful case for the
insights into human rights education this book is exceptional in its range transformative potential of shared
and the enduring tensions between and reach—a critical resource for sociality. A groundbreaking work.”
rights and security.” scholars of rights and justice.” —Richard Ashby Wilson,
—Sally Engle Merry, —Fiona Ross, author of The Politics of Truth and
New York University University of Cape Town Reconciliation in South Africa
216 pages, 2016 272 pages, 2016
264 pages, January 2017
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10 STANFORD STUDIES IN HUMAN RIGHTS
A SERIES EDITED BY MARK GOODALE
Campaigning for Children A Sense of Justice Foucault and the
Strategies for Advancing Legal Knowledge and Lived Politics of Rights
Children’s Rights Experience in Latin America
Ben Golder
Jo Becker Edited by Sandra Brunnegger
In his early career, Foucault had
Campaigning for Children focuses and Karen Ann Faulk
been a great critic of the liberal
on contemporary children’s rights, A Sense of Justice explores the discourse of rights. Suddenly,
identifying the range of abuses that complex dynamics of justice from about 1976 onward, he
affect children today, including production across Latin America. makes increasing appeals to
early marriage, female genital muti- The chapters examine (in)justice rights in his writings. He not only
lation, child labor, sex trafficking, as it is lived and imagined today defends their importance; he
corporal punishment, the impact and what it means for those who argues for rights new and as-yet-
of armed conflict, and access to claim and regulate its parameters, unrecognized. Ben Golder pro-
education. Jo Becker traces the last including the Brazilian police force, poses that Foucault approaches
25 years of the children’s rights the Permanent Peoples’ Tribunal rights in a spirit of creative and
movement, including the evolution in Colombia, and the Argentine critical appropriation. He uses
of international laws and standards Supreme Court. Inextricable rights strategically for a range of
to protect children from abuse and as “justice” is from inequality, political purposes that cannot be
exploitation. From a practitioner’s violence, crime, and corruption, it reduced to a simple endorsement
perspective, Becker provides read- emerges through memory, in space, of political liberalism. Golder
ers with careful case studies of the and where ideals meet practical develops this interpretation of
organizations and campaigns that limitations. The contributors show Foucault’s work while analyzing
are making a difference in the lives how understanding the dynamic its shortcomings and relating it to
of children. processes of constructing justice the approaches taken by a series
“This book examines initiatives and is essential to creating cooperative of current thinkers, including
strategies to show that change for rather than oppressive forms of law. Wendy Brown, Judith Butler,
children is possible, and the remark- “From experiences in Argentina, and Jacques Rancière.
able transformation is achievable. Bolivia, Brazil, Chile, and Colombia,
Campaigning for Children, with “Read the book and become
this book explores the discursive uses submerged in a gathering of texts
its most compelling evidence, will and everyday practices of justice by
go a long way in ensuring that not often interpreted together. Its
courts, police, indigenous peoples, insightful probes will reward readers
human rights of children are citizens, and victims, aspiring to
protected worldwide.” with absorbing ways to think
create an anthropology of justice.” differently about human rights.”
—Kailash Satyarthi, —Leigh Payne, —Law and Society Review
Nobel Peace Prize Laureate University of Oxford
and Children’s Rights Activist 264 pages, 2015
240 pages, 2016
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INTERNATIONAL AND COMPARATIVE LAW 11
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