Research Handbook on Law and Courts 2019
DOI: 10.4337/9781788113205.00005
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Introduction to the Research Handbook on Law and Courts

Abstract: Susan Silbey (2005: 358) argued that studies of the politics of law needed to take on the creation of consensus at a time of war and polarization when governing is in the hands of wealthy elites. Since she wrote, wars continue, polarization has deepened, authoritarianism has more powerful and vocal advocates, and the electronic media she references have spread. This introduction will take the contests over what courts are for in the context Silbey described.

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“… See Flynn and Hodgson (2017) and Sterett and Walker (2019) for a comparative discussion of access to justice and digital justice respectively. …”
mentioning
confidence: 99%
“… See Flynn and Hodgson (2017) and Sterett and Walker (2019) for a comparative discussion of access to justice and digital justice respectively. …”
mentioning
confidence: 99%
“…He found “no clear difference” based on legal status and concluded that “CEDAW is valuable in the domestic context … even though CEDAW may not be binding law in the jurisdiction concerned, grounding domestic subjective legal rights in that jurisdiction” (543–44). During a period of difficulty ratifying CEDAW in the Netherlands, the Dutch government advanced aspects of CEDAW following signature before the legislature was ready to ratify (Comstock 2019). Given the prominence of domestic courts and judiciaries in implementing human rights treaties, it is important to note states’ practices in using CEDAW in domestic courts before ratification (Keith 2002; von Stein 2005; Hathaway 2007; Powell and Staton 2009).…”
Section: Mobilizing Rights With Signaturementioning
confidence: 99%