The Common Law in Two Voices


Book Description

Hong Kong is one of the very few places in the world where the common law can be practiced in a language other than English. Introduced into the courtroom over a decade ago, Cantonese has significantly altered the everyday working of the common law in China's most Westernized city. In The Common Law in Two Voices, Ng explores how English and Cantonese respectively reinforce and undermine the practice of legal formalism. This first-ever ethnographic study of Hong Kong's unique legal system in the midst of social and political transition, this book provides important insights into the social nature of language and the work of institutions. Ng contends that the dilemma of legal bilingualism in Hong Kong is emblematic of the inherent tensions of postcolonial Hong Kong. Through the legal dramas presented in the book, readers will get a fresh look at the former British colony that is now searching for its identity within a powerful China.




The Handbook of Asian Englishes


Book Description

The first volume of its kind, focusing on the sociolinguistic and socio-political issues surrounding Asian Englishes The Handbook of Asian Englishes provides wide-ranging coverage of the historical and cultural context, contemporary dynamics, and linguistic features of English in use throughout the Asian region. This first-of-its-kind volume offers a wide-ranging exploration of the English language throughout nations in South Asia, Southeast Asia, and East Asia. Contributions by a team of internationally-recognized linguists and scholars of Asian Englishes and Asian languages survey existing works and review new and emerging areas of research in the field. Edited by internationally renowned scholars in the field and structured in four parts, this Handbook explores the status and functions of English in the educational institutions, legal systems, media, popular cultures, and religions of diverse Asian societies. In addition to examining nation-specific topics, this comprehensive volume presents articles exploring pan-Asian issues such as English in Asian schools and universities, English and language policies in the Asian region, and the statistics of English across Asia. Up-to-date research addresses the impact of English as an Asian lingua franca, globalization and Asian Englishes, the dynamics of multilingualism, and more. Examines linguistic history, contemporary linguistic issues, and English in the Outer and Expanding Circles of Asia Focuses on the rapidly-growing complexities of English throughout Asia Includes reviews of the new frontiers of research in Asian Englishes, including the impact of globalization and popular culture Presents an innovative survey of Asian Englishes in one comprehensive volume Serving as an important contribution to fields such as contact linguistics, World Englishes, sociolinguistics, and Asian language studies, The Handbook of Asian Englishes is an invaluable reference resource for undergraduate and graduate students, researchers, and instructors across these areas. Winner of the 2021 PROSE Humanities Category for Language & Linguistics




Understanding Criminal Justice in Hong Kong


Book Description

In recent years law, crime and justice have become increasingly politicised in Hong Kong. Understanding Criminal Justice in Hong Kong, 2nd Edition offers a detailed and comprehensive overview of and introduction to the criminal justice system in Hong Kong, building upon recent events and controversies. This book provides a much-needed overview of the criminal justice system in Hong Kong, including new chapters on criminological research methods, defining crime, fear of crime, the criminal court system, police power and discretion, and plea bargaining. This revised and expanded second edition: Outlines the basic concepts of criminal law in Hong Kong, Analyses the process of the criminal justice system, ranging from the reporting of a crime through to the correctional system, Examines how criminal justice personnel work in practice, and how they deal with the offenders and victims during the criminal justice process, Invites readers to consider arguments and debates that surround the controversial issues in the Hong Kong criminal justice system. This book is a comprehensive resource for students studying this subject as part of a wider course in criminal justice, police studies, law or social work, and for practitioners working in Hong Kong in the police, prisons, probation, voluntary agencies and other criminal justice personnel. Text features include review questions, lists of cases cited, and useful websites.




Legal Orientalism


Book Description

After the Cold War, how did China become a global symbol of disregard for human rights, while the U.S positioned itself as the chief exporter of the rule of law? Teemu Ruskola investigates globally circulating narratives about what law is and who has it, and shows how “legal Orientalism” developed into a distinctly American ideology of empire.




A Region among States


Book Description

Based on long-term ethnographic fieldwork at the Caribbean Court of Justice, A Region among States explores the possibility of constituting a region on a geopolitical and ideological terrain dominated by the nation-state. How is it that a great swath of the independent, English-speaking Caribbean continues to accept the judicial oversight of their former colonizer via the British institution of the Privy Council? And what possibilities might the Caribbean Court of Justice—a judicial institution responsive to the region, not to any single nation—offer for untangling sovereignty and regionhood, law and modernity, and postcolonial Caribbean identity? Joining the Court as an intern, Lee Cabatingan studied its work up close: she attended each court hearing and numerous staff meetings, served on committees, assisted with the organization of conferences, and helped prepare speeches and presentations for the judges. She now offers insight into not only how the Court positions itself vis-à-vis the Caribbean region and the world but also whether the Court—and, perhaps, the region itself as an overarching construct—might ever achieve a real measure of popular success. In their quest for an accepting, eager constituency, the Court is undertaking a project of extrajudicial region building that borrows from the toolbox of the nation-state. In each chapter, Cabatingan takes us into an analytical dimension familiar from studies of nation and state building—myth, territory, people, language, and brand—to help us understand not only the Court and its ambitions but also the regionalist project, beset as it is with false starts and disappointments, as a potential alternative to the sovereign state.










Research Handbook on Modern Legal Realism


Book Description

This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. It explores an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with and examination of how different social science disciplines intersect with NLR.




The Oxford Handbook of Law and Anthropology


Book Description

The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.




Language Choice in Postcolonial Law


Book Description

This book discusses multilingual postcolonial common law, focusing on Malaysia’s efforts to shift the language of law from English to Malay, and weighing the pros and cons of planned language shift as a solution to language-based disadvantage before the law in jurisdictions where the majority of citizens lack proficiency in the traditional legal medium. Through analysis of legislation and policy documents, interviews with lawyers, law students and law lecturers, and observations of court proceedings and law lectures, the book reflects on what is entailed in changing the language of the law. It reviews the implications of societal bilingualism for postcolonial justice systems, and raises an important question for language planners to consider: if the language of the law is changed, what else about the law changes?