{"title":"Hamish Ross","description":null,"products":[{"product_id":"legal-rights-and-the-institutional-imagination-by-hamish-ross-9781509979004","title":"Legal Rights and the Institutional Imagination","description":"\u003cp\u003e\u003cb\u003eThis book presents a contemporary perspective on legal rights centred on the longstanding will theory–interest theory debate. Starting with classical rights literature, central aspects of the debate in its modern idiom are contextualised within a social theory setting developed from the writings of Max Weber.\u003c\/b\u003e\u003cbr\u003e\u003cbr\u003eThe book explores the idea that the institutional and coercive character of legal enforcement necessitates viewing legal rights as a locus of social power residing within the ‘institutional imagination’: that is, in the decision-making of key institutional actors such as judges, prosecutors, police, governmental authorities – and ultimately supreme court judges – who routinely mobilise coercive mechanisms towards the enforcement of legal rights and powers. This marks a departure from the trend of rights literature to view legal rights largely from the standpoint of the right-holder. \u003cbr\u003e\u003cbr\u003eThe book also touches on whether the emerging perspective points towards a ‘third way’ beyond the traditional two theoretical approaches.\u003cbr\u003e\u003cbr\u003eA major task of the study is the construction of an archetypal supreme court judge – personifying the ‘institutional imagination’ – fashioned, via Weberian sociology, from a critique of Ronald Dworkin’s ‘Herculean’ judge and measured against doctrinal exegesis that draws on sources which include UK higher appellate court judgments.\u003c\/p\u003e","brand":"Allen \u0026 Unwin Aotearoa New Zealand","offers":[{"title":"Default Title","offer_id":47934109221100,"sku":"9781509979004","price":198.0,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/9781509979004-legal-rights-and-the-institutional-imagination.jpg?v=1783897097"}],"url":"https:\/\/bookhero.co.nz\/collections\/hamish-ross.oembed","provider":"Book Hero","version":"1.0","type":"link"}