Acknowledgments |
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xvii | |
Publisher's Acknowledgments |
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xviii | |
Introduction |
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1 | (18) |
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1.1 What Is Law and Society? |
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2 | (4) |
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1.2 The Evolution of Law and Society in Asia |
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6 | (3) |
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1.3 The Plan of This Book: Chapters and Crosscutting Themes |
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9 | (10) |
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17 | (2) |
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19 | (55) |
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I Legal Dimensions of the Classical Asian Religious Traditions |
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20 | (14) |
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1.1 Hinduism as a Legal Tradition, Donald R. Davis Jr. |
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20 | (3) |
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1.2 Introducing Buddhism and Law, Rebecca Redwood French and Mark A. Nathan |
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23 | (5) |
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1.3 Taoism: The Enduring Tradition, Russell Kirkland |
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28 | (3) |
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1.4 The Notion of Shari'a, Arskal Salim |
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31 | (3) |
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II Law in the Landscape of Sacred Practices |
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34 | (9) |
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1.5 State Law and the Law of Sacred Centers, David M. Engel and Jaruwan Engel |
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35 | (8) |
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III The Arrival of "Modern" Law and the Concept of Secularism |
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43 | (16) |
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1.6 The Aborted Restoration of "Indigenous" Law in India, Marc Galanter |
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44 | (3) |
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1.7 Smash Temples, Burn Books: Comparing Secularist Projects in India and China, Peter van der Veer |
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47 | (4) |
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1.8 Judging in God's Name: State Power, Secularism, and the Politics of Islamic Law in Malaysia, Tamir Moustafa |
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51 | (8) |
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IV Law, Religion, and Conflict in Contemporary Asia |
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59 | (15) |
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1.9 Theorising Talk about "Religious Pluralism" and "Religious Harmony" in Singapore, Vineeta Sinha |
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60 | (4) |
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1.10 Securing the Sasana through Law: Buddhist Constitutionalism and Buddhist-Interest Litigation in Sri Lanka, Benjamin Schonthal |
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64 | (5) |
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1.11 "Conventional Wisdom" and the Politics of Shinto in Postwar Japan, John Breen |
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69 | (3) |
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72 | (2) |
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74 | (40) |
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I Evolution of the Concept of Legal Pluralism |
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77 | (5) |
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2.1 Legal Pluralism, Social Theory, and the State, Keebet von Benda-Beckmann and Bertram Turner |
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78 | (4) |
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II Legal Pluralism as State Policy |
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82 | (19) |
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2.2 Global Doctrine and Local Knowledge: Law in South East Asia, Andrew Harding |
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83 | (4) |
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2.3 Beyond Democratic Tolerance: Witch Killings in Timor-Leste, Rebecca Strating and Beth Edmondson |
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87 | (5) |
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2.4 Muslim Mandarins in Chinese Courts: Dispute Resolution, Islamic Law, and the Secular State in Northwest China, Matthew S. Erie |
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92 | (9) |
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III Legal Pluralism from the Ground Up |
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101 | (13) |
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2.5 Gender, Power, and Legal Pluralism: Rajasthan, India, Erin P. Moore |
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102 | (9) |
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111 | (3) |
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114 | (25) |
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I Dispute-Based Fieldwork |
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116 | (4) |
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3.1 Conflict in the Village, Fernanda Pirie |
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116 | (4) |
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II Dispute Processing and Litigation |
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120 | (9) |
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3.2 "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China, Ke Li |
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121 | (8) |
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III Alternative Dispute Resolution |
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129 | (10) |
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3.3 Community Mediation as a Hybrid Practice: The Case of Mediation Boards in Sri Lanka, Sepalika Welikala |
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130 | (6) |
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136 | (3) |
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139 | (44) |
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I National, Local, and Global Dimensions |
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141 | (12) |
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4.1 Kawashima and the Changing Focus on Japanese Legal Consciousness: A Selective History of the Sociology of Law in Japan, Masayuki Murayama |
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142 | (5) |
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4.2 Globalization and the Decline of Legal Consciousness: Torts, Ghosts, and Karma in Thailand, David M. Engel |
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147 | (6) |
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II The Role of Traditional Practices |
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153 | (8) |
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4.3 Legal Consciousness of the Leftover Woman: Law and Qing in Chinese Family Relations, Qian Liu |
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153 | (8) |
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161 | (15) |
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4.4 (Un)Becoming a Man: Legal Consciousness of the Third Gender Category in Pakistan, Muhammad Azfar Nisar |
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162 | (7) |
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4.5 Islamic Law, Women's Rights, and Popular Legal Consciousness in Malaysia, Tamir Moustafa |
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169 | (7) |
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IV Relational Legal Consciousness |
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176 | (7) |
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4.6 Justice, Emotion, and Belonging: Legal Consciousness in a Taiwanese Family Conflict, Hsiao-Tan Wang |
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177 | (4) |
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181 | (2) |
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183 | (44) |
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I Scope of Legal Mobilization |
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185 | (7) |
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5.1 Constructing SSLM: Insights from Struggles over Women's Rights in Nepal, Margaret Becker |
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186 | (6) |
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II Legal Mobilization Tactics |
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192 | (16) |
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5.2 The Politics of Love in Myanmar: LGBT Mobilization and Human Rights as a Way of Life, Lynette J. Chua |
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192 | (4) |
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5.3 Labour Law and (In)justice in Workers' Letters in Vietnam, Tu Phuong Nguyen |
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196 | (3) |
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5.4 Pragmatic Resistance, Law, and Social Movements in Authoritarian States: The Case of Gay Collective Action in Singapore, Lynette J. Chua |
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199 | (2) |
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5.5 Performing Artivism: Feminists, Lawyers, and Online Legal Mobilization in China, Di Wang and Sida Liu |
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201 | (4) |
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5.6 Litigation Dilemmas: Lessons from the Marcos Human Rights Class Action, Nate Ela |
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205 | (3) |
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III Legal Mobilization Effects |
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208 | (19) |
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5.7 Indigeneity and Legal Pluralism in India: Claims, Histories, Meanings, Pooja Parmar |
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210 | (2) |
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5.8 The Paradox of Vernacularization: Women's Human Rights and the Gendering of Nationhood, Sealing Cheng |
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212 | (4) |
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5.9 Mobilizing the Law in China: "Informed Disenchantment" and the Development of Legal Consciousness, Mary E. Gallagher |
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216 | (4) |
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5.10 A People's Constitution: The Everyday Life of Law in the Indian Republic, Rohit De |
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220 | (4) |
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224 | (3) |
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227 | (46) |
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I The Plurality of Law Practitioners |
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228 | (17) |
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6.1 Origins of the Indonesian Advocacy, Daniel S. Lev |
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228 | (4) |
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6.2 India's Grand Advocates: A Legal Elite Flourishing in the Era of Globalization, Marc Galanter and Nick Robinson |
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232 | (5) |
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6.3 Setting the Limits: Who Controls the Size of the Legal Profession in Japan?, Kay-Wah Chan |
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237 | (5) |
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6.4 Practising on the Moon: Globalization and the Legal Consciousness of Foreign Corporate Lawyers in Myanmar, Arm Tungnirun |
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242 | (3) |
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245 | (12) |
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6.5 Lawyers, State Officials, and Significant Others: Symbiotic Exchange in the Chinese Legal Services Market, Sida Liu |
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246 | (3) |
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6.6 Just Like Global Firms: Unintended Gender Parity and Speculative Isomorphism in India's Elite Professions, Swethaa Ballakrishnen |
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249 | (4) |
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6.7 The Juridification of Cause Advocacy in Socialist Asia: Vietnam as a Case Study, John Gillespie |
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253 | (4) |
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III Lawyers and State Transformations |
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257 | (16) |
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6.8 The Political Origins of Professional Identity: Lawyers, Judges, and Prosecutors in Taiwan's State Transformation, Ching-fang Hsu |
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258 | (4) |
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6.9 Civil Society and the Lawyers' Movement of Pakistan, Sahar Shafqat |
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262 | (5) |
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6.10 The Political Origins of Cause Lawyering in Hong Kong, Waikeung Tarn |
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267 | (4) |
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271 | (2) |
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273 | (36) |
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I Courts as Cultural Symbols |
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274 | (8) |
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7.1 Legal Consciousness as Viewed through the Judicial Iconography of the Madras High Court, Rahela Khorakiwala |
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274 | (3) |
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7.2 Judging in the Buddha's Court: A Buddhist Judicial System in Contemporary Asia, Benjamin Schonthal |
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277 | (4) |
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7.3 Are Women Getting (More) Justice? Malaysia's Sharia Courts in Ethnographic and Historical Perspective, Michael G. Peletz |
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281 | (1) |
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II Courts as Social Organizations |
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282 | (14) |
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7.4 Punitive Processes? Judging in Thai Lower Criminal Courts, Duncan McCargo |
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283 | (5) |
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7.5 Chinese Courts as Embedded Institutions, Kwai Hang Ng and Xin He |
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288 | (5) |
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7.6 The Elastic Ceiling: Gender and Professional Career in Chinese Courts, Chunyan Zheng, Jiahui Ai, and Sida Liu |
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293 | (3) |
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III Courts as Political Battlegrounds |
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296 | (13) |
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7.7 The Judicialization of Politics in Taiwan, Chien-Chih Lin |
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297 | (7) |
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7.8 The Judicial System and Democratization in Post-Conflict Cambodia, Kheang Un |
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304 | (2) |
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306 | (3) |
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309 | (39) |
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310 | (13) |
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8.1 The Benevolent Paternalism of Japanese Criminal Justice, Daniel H. Foote |
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310 | (5) |
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8.2 Governing through Killing: The War on Drugs in the Philippines, David T. Johnson and Jon Femquest |
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315 | (4) |
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8.3 Body Count Politics: Quantification, Secrecy, and Capital Punishment in China, Tobias Smith |
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319 | (4) |
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323 | (11) |
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8.4 The Expression of Justice in China, Flora Sapio, Susan Trevaskes, Sarah Biddulph, and Elisa Nesossi |
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323 | (6) |
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8.5 Old Wine in New Wineskins? A Trial of Restorative Justice in a Korean Criminal Court, Won Kyung Chang |
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329 | (5) |
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334 | (14) |
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8.6 In Search of Judicial Legitimacy: Criminal Sentencing in Vietnamese Courts, Trang (Mae) Nguyen |
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334 | (3) |
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8.7 Performing Order, Making Money, Nick Cheesman |
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337 | (6) |
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8.8 Justice Is a Secret: Compromise in Rape Trials, Pratiksha Baxi |
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343 | (3) |
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346 | (2) |
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9 Practicing Law and Society Scholarship in Asia |
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348 | (35) |
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I Gaining Access and Getting Data |
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350 | (17) |
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9.1 Tort, Custom, and Karma: Globalization and Legal Consciousness in Thailand, David M. Engel and jaruwan Engel |
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350 | (4) |
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9.2 Constituting Religion: Islam, Liberal Rights, and the Malaysian State, Tamir Moustafa |
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354 | (2) |
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9.3 China and Islam: The Prophet, the Party, and Law, Matthew S. Erie |
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356 | (5) |
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9.4 A People's Constitution: The Everyday Life of Law in the Indian Republic, Rohit De |
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361 | (3) |
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9.5 Labour Law and (In)justice in Workers' Letters in Vietnam, Tu Phuong Nguyen |
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364 | (3) |
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367 | (9) |
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9.6 Indigeneity and Legal Pluralism in India: Claims, Histories, Meanings, Pooja Parmar |
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367 | (4) |
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9.7 Public Secrets of Law: Rape Trials in India, Pratiksha Baxi |
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371 | (5) |
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III Practicing Law and Society Research in the Digital Age |
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376 | (7) |
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9.8 Doing Ethnography on Social Media: A Methodological Reflection on the Study of Online Groups in China, Di Wang and Sida Liu |
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376 | (7) |
References |
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383 | (2) |
Index |
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385 | |