The Ashgate Research Companion to Migration Law,
Theory and Policy complements the already successful Ashgate series Law &
Migration, established in 2006 which now has a number of well-regarded
monographs to its credit. The purpose of this Companion is to augment that
Series, by taking stock of the current state of literature on migration law,
theory and policy, and to sketch out the contours of its future long-term
development, in what is now a vastly expanded research agenda. The Companion
provides readers with a definitive and dependable state-of-art review of
current research in each of the chosen areas that is all-embracing and
all-inclusive of its subject-matter. The chapters focus on the regional and the
sub-regional, as well as the national and the global. In so doing, they aim to
give a snap-shot that is contextual, coherent, and comprehensive. The
contributors are both world-renowned scholars and newer voices and include
scholars, practitioners, former judges and researchers and policy-makers who
are currently working for international organisations.
With contributions from experts in the field of
sociology of law, this book provides an overview of current perspectives on
socio-legal studies. It focuses particularly on the relationship between law
and society described in recent social systems theory as ‘structural coupling’.
The first part of the book presents a reconstruction of theoretical tendencies
in the field of socio-legal studies, characterised by the emergence of a
transnational model of legal systems no longer connected to territorial borders
and culturally specific aspects of single legal orders. In the following parts
of the book, the contributions analyse some concrete cases of interrelation
between law and society from an empirical and theoretical perspective.
Transitional justice is usually associated with
international criminal courts and tribunals, but criminal justice is merely one
way of dealing with the legacy of conflict and atrocity. Justice is not only a
matter of law. It is a process of making sense of the past and accepting the
possibility of a shared future together, although perpetrators, victims and
bystanders may have very different memories and perceptions, experiences and
expectations.
This book goes further than providing a legal analysis of the
effectiveness of transitional justice and presents a wider perspective. It is a
critical appraisal of the different dimensions of the process of transitional
justice that affects the imagery and constructions of past experiences and
perceptions of conflict. Examining hidden histories of atrocities, public
trials and memorialization, processes and rituals, artistic expressions and
contradictory perceptions of past conflicts, the book constructs what
transitional justice and the imagery involved can mean for a better
understanding of the processes of justice, truth and reconciliation.
In transcending the legal, although by no means denying the
significance of law, the book also represents a multidisciplinary, holistic
approach to justice and includes contributions from criminal and international
lawyers, cultural anthropologists, criminologists, political scientists and
historians
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