Jurisprudence and general issues Books

Book SynopsisThe law relating to freedom of speech has grown faster than any other area of employment law over the past decade. Press controversies over online speech, disputed claims to the Equality Act, and allegations of no-platforming have all had the effect of making this the most dynamic area of workplace law. This book provides an introduction to this changing area of law in Great Britain. The first part of the book explains the overarching principle of employment and free speech law; the second half provides detailed case studies in relation to the specific examples that most commonly come before the courts. The book will be an essential reference for students, academics, and professionals working in the areas of Employment Law, Human Rights Law, and Contract Law. The British example will be of interest to an international readership.

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Book SynopsisThis book aims to spur a debate about the role of methodology in legal scholarship and legal education, since there appears to be a growing divide between legal practice and academic legal writing on the one hand and between traditional normative scholarship and approaches that emphasize a law in context approach.Table of ContentsList of contributors; Acknowledgements; Introduction Rob van Gestel, Hans-W. Micklitz and Edward L. Rubin; Part I. Where Is Legal Scholarship Headed in the New Legal World?: 1. Why we do what we do: comparing legal methods in five law schools through survey evidence Mathias M. Siems and Daithí Mac Síthigh; 2. The jurist in a global age Neil Walker; 3. Field, frame and focus: methodological issues in the new legal world Roger Brownsword; 4. Transatlantic publication fashions: in search of quality and methodology in law journal articles Reza Dibadi; Part II. Should Doctrinal Legal Scholarship Be Abandoned?: 5. What is legal doctrine?: on the aims and methods of legal-dogmatic research Jan M. Smits; 6. Making doctrine for European law Nils Jansen; 7. A European advantage in legal scholarship? Hans-W. Micklitz; 8. From coherence to effectiveness: a legal methodology for the modern world Edward L. Rubin; 9. Ranking, peer review, bibliometrics and alternative ways to improve the quality of doctrinal legal scholarship Rob van Gestel; Part III. The Interaction of Legal Scholarship with Other Academic Disciplines: 10. The logic of the law: the analytical foundations of methodology Neil Komesar; 11. The role of empirical legal studies in legal scholarship, legal education and policy making: a US perspective Deborah R. Hensler and Matthew A. Gasperetti; 12. A behavioural law and economics perspective: between methodology and indeology when behavioural sciences meet law Orly Lobel; 12. Freedom and method Paul Kahn; Index.

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Book SynopsisIn an era of corporate surveillance, artificial intelligence, deep fakes, genetic modification, automation, and more, law often seems to take a back seat to rampant technological change. To listen to Silicon Valley barons, there''s nothing any of us can do about it. In this riveting work, Joshua A. T. Fairfield calls their bluff. He provides a fresh look at law, at what it actually is, how it works, and how we can create the kind of laws that help humans thrive in the face of technological change. He shows that law can keep up with technology because law is a kind of technology - a social technology built by humans out of cooperative fictions like firms, nations, and money. However, to secure the benefits of changing technology for all of us, we need a new kind of law, one that reflects our evolving understanding of how humans use language to cooperate.Trade Review'Can democracy keep pace with technology? Yes, says Joshua Fairfield, but only if we swiftly adapt the language of law itself.' Edward Castronova, Indiana University'Professor Fairfield has given us a critically important and engaging book. It is urgent, yet has timeless wisdom. It is erudite, but also highly accessible. It is consequential yet still laced with commendable levity. Runaway Technology is a must-read not just because of its insight into whether the law can keep up with modern technology, but because of its perspective on the law itself as a tool for human flourishing.' Woodrow Hartzog, Northeastern University'Fairfield's Runaway Technology offers a powerful argument for the centrality of law to our efforts to tackle a range of contemporary threats through organization and cooperation. Recent decades have seen a shift in power away from legal institutions and towards private actors and the technologies they control. By rejecting the reductive turn to economics and techno-determinism that drive policymaking today, Fairfield reminds us that law, when properly conceptualized as a dynamic social technology, provides a set of tools for constructing, adapting, interrogating, and justifying the narratives that guide our culture and our future.' Aaron Perzanowski, Case Western Reserve University'… stimulating, intelligent, challenging … I encourage you to read the book …' Christina Spiesel, Metascience'This book will appeal to readers who want a deeper understanding of how language, and the language of law, can be cooperatively used to effect social and legal change.' Sally Sax, Canadian Law Library ReviewTable of ContentsPart I. Keeping Up: Law as Social Technology: 1. Can law keep up?; 2. Rates of change; 3. Technology law; Part II. Running on Words: Law as Cooperative Fiction: 4. Language, the human superpower; 5. What went wrong with science?; 6. Law's fruitful fictions; 7. Shifting how we think; Part III. Law and the Language we Need: 8. Why we fail; 9. Jurisgenesis; 10. TL;DR.

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Book SynopsisAs the first woman President of the UK Supreme Court, Brenda Hale was one of the UK's most influential judges. This collection celebrates her remarkable career, with thematic chapters from leading academics, judges and lawyers exploring the distinct mark she left on the law and the lives of many.Trade Review'The aim of the book is to provide enjoyment and reflection to students and practitioners who want to 'learn more about the jurisprudence and legal lives of this remarkable woman'. The collection succeeds in this and provides an expert and comprehensive account of how its subject has helped to shape socio-legal history across six decades.' Nick Clapham, The Law Society Gazette'It is thorough and detailed, and readers will come away from the text with a greater appreciation of Hale not only as a legal scholar, but as a woman.' Rachael Blakey, Feminist Legal StudiesTable of ContentsPart I. Introduction: 1. Introduction Rosemary Hunter and Erika Rackley; Part II. Personal Reflections: 2. On the bench with Brenda David Neuberger; 3. Lady Hale – leading from the front: Ensuring equality and inclusivity Gita Mittal; 4. Lady Hale: A personal reflection Susan Glazebrook; 5. Reflections on Lady Hale as an international Judge Beverley McLachlin; Part III. Academic: 6. Women and the law school, 1970s-1980s Celia Wells, Margot Brazier, Lesley Newton, Alison Raeside, Carol Smart, Erika Szyszczak; 7. Justice and welfare: Lady Hale and the Journal of Social Welfare and Family Law (formerly journal of social welfare law) Mavis Maclean; 8. Celebrating Hoggett and Pearl, The family, Law and Society 1983-2009 Daniel Monk; 9. Writing Women and the Law Susan Atkins; Part IV. Law Commissioner: 10. The law reformer: Transforming the way that policy is made at the law commission Linda Mulcahy and Peter G Harris; Part V. Judge: Judicial Leadership: 11. Brenda Hale: Supporting and inspiring women judges Laura Cox; 12. Assessing Lady Hale's impact on the UK's final appeal courts Alan Paterson; 13. The qualities of Lady Hale's legal reasoning Lord Kerr of Tonaghmore; 14. On personhood for everyone: Brenda Hale's jurisprudence and her Institution-building Judith Resnik; 15. Lady Hale and access to justice Hazel Genn and Chris Moss; 16. Lady Hale in the South African courts: An illustration of the many roles of foreign case law in South African jurisprudence Catherine O'Regan; Family Law and Children's Rights: 17. Leading the way: Baroness Hale and the new family law John Eekelaar; 18. Debates on marriage and cohabitation Rebecca Probert; 19. Lady Hale and financial remedies on divorce Alison Diduck; 20. Women and domestic abuse Felicity Kaganas; 21. Public child law Judith Masson; 22. 'Hang on, what about the child in this case?' Lady Hale, champion of children's rights Stephen Gilmore; Human Rights and the State: 23. Orthodox principles and unconventional outcomes in public law David Feldman; 24. Lady Hale: Rights, and righting wrongs, in immigration and nationality Devyani Prabhat; 25. Baroness Hale: The reality and complexity of welfare law Richard Drabble QC; 26. 'A Homemaker as well as a Judge': Lady Hale and judicial home making/unmaking/remaking Helen Carr and Jed Meers; 27. Gender equality and article 14 ECHR: Lady Hale's contribution Sandra Fredman; Private Law and the Individual: 28. Mental health and mental capacity law Victoria Butler-Cole QC; 29. Lady Hale: Relationality, care and medical law Jonathan Herring; 30. Brenda Hale: Understanding discrimination and championing equality Karon Monaghan QC; Part VI. Creative Encounters: 31. Materialising the UK supreme court Jenny Rowe; 32. Picturing Brenda Hale: From painted portraits to moving pictures Leslie J Moran; 33. Lady Justice: Many sides to a story Susanne Baer; 34. Music to honour Lady Hale.

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Book SynopsisCommon-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on and will prompt lawyers to pose fresh questions about the common law tradition and the nature of judicial decision-making.Trade Review'Professor Duxbury provides us with a wealth of scholarship and some valuable insights into two aspects of judging which have not received much attention to date. In particular, he shows us how the two are inter-related – all dissents being essentially obiter dicta – and debunks the myth that today's dissent is tomorrow's orthodoxy – although I hope that it is not always a myth.' Brenda Hale, the Baroness Hale of Richmond, former President of the Supreme Court of the United Kingdom'A very thoughtful discussion of two aspects of judicial practice which deserve more attention, exploring how obiter dicta are used to fit an individual case into a wider principled legal scheme and what moves judges to write dissents. It encouraged me to reflect more deeply about my own judicial writing.' Philip Sales, Justice of the Supreme Court of the United Kingdom and the Judicial Committee of the Privy Council'In these twin essays of breathtaking range and erudition, Neil Duxbury illuminates two largely unstudied ways in which judges contribute to the common law by expressing views that create no binding precedent. Anyone interested in the craft of judging will be wiser, as well as hugely well informed, after reading this book.' George Leggatt, Justice of the Supreme Court of the United Kingdom'Advocates and judges constitute a small minority of the legal profession. But they and others will be rewarded by reading this attractive, succinct monograph, which is an exemplary and insightful study into under-appreciated aspects of the craft of judgment writing and legal argument…. It is difficult to imagine readers who would not emerge wiser from reading the account of the changing attitudes to majority decisions of multi-member courts.' Mark Leeming, Judge of Appeal, Supreme Court of New South Wales, Cambridge Law Journal'Anyone writing on either dicta or dissent shall firmly stand upon the shoulders of this book.' Elijah Granet, Notes on the Style of the Law'I warmly recommend this lepidum novum libellum. Its charm is different from that of Catullus, but it is immensely readable, and readers will be richly rewarded.' Mark Leeming, Cambridge Law JournalTable of ContentsPreface; Table of cases; Prologue; Essay I. Dicta: introduction; 1. The civilian dimension; 2. Case law as common law; 3. 'Obiter' as legal entity; 4. Dicta depicted; 5. Oblique strategies; 6. Engines of confusion; 7. The necessity test; 8. Cheap talk; 9. Dicta and dicta; 10. Nearly law?; 11. Observation and authority; 12. The sources problem; Essay II. Dissent: introduction; 13. Some preliminary observations on dissent; 14. The nature of judicial dissent; 15. Without contraries is no progression?; 16. Stalemates and motivations; 17. Dissents, decisions, and courts; 18. The tug of unanimity in England's courts; 19. Dissent in an apex court; 20. When is a dissent not a dissent?; 21. Minorities as authorities; 22. Are we agreed?; Index.

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Book SynopsisCommunication in Investigative and Legal Contexts Despite a number of research studies, there remain significant differences of opinion among psychologists, linguists and other practitioners on how best to describe particular types of questions and communicate most effectively in forensic contexts. Communication in Investigative and Legal Contexts brings clarity to the subject by providing readers with in-depth coverage of the complex area of communication in forensic settings, for example during investigative interviewing of victims, witnesses and suspects/high-interest groups, during discourse in courtrooms, and via legal intermediaries and interpreters. Drawing on knowledge from forensic psychology, linguistics and law enforcement worldwide, the text is unique in bridging the gap between these fields in a definitive guide to best practice, with chapters written by teams bringing together expertise and specialties from each field. Part of the Wiley Series iTable of ContentsNotes on Editors ix Notes on Contributors xi Series Preface xxiii 1 Communication in Investigative and Legal Settings: Introduction and Contexts 1Gavin Oxburgh, Trond Myklebust, Tim Grant and Rebecca Milne Section I: Communication, Language and Memory 15 2 Exploring Types and Functions of Questions in Police Interviews 17Tim Grant, Jennifer Taylor, Gavin Oxburgh and Trond Myklebust 3 Recall, Verbatim Memory and Remembered Narratives 39James Ost, Alan Scoboria, Tim Grant and Gary Pankhurst Section II: Communicating with Victims and Witnesses 55 4 Interviewing Child Witnesses 57David La Rooy, Georgina Heydon, Julia Korkman and Trond Myklebust 5 Interviewing Adult Witnesses and Victims 79Coral J. Dando, R. Edward Geiselman, Nicci MacLeod and Andy Griffiths6 The Role of Initial Witness Accounts within the Investigative Process 107 6 The Role of Initial Witness Accounts within the Investigative Process 107 Fiona Gabbert, Lorraine Hope, Elisabeth Carter, Roel Boon and Ronald FisherSection III: Communicating with Suspects 133 7 Interviewing Suspected Offenders 135Gavin Oxburgh, Ivar Fahsing, Kate Haworth and J. Pete Blair 8 A (Nearly) 360° Perspective of the Interrogation Process: Communicating with High‐Value Targets 159Fadia M. Narchet, Melissa B. Russano, Steven M. Kleinman and Christian A. Meissner Section IV: Communicating in the Courtroom 179 9 Courtroom Questioning and Discourse 181Emily Henderson, Christopher Heffer and Mark Kebbell 10 Expert Witness Communication 209Lorna Fadden and Lawrence M. Solan Section V: Specific Communicative Tasks 229 11 Hostage and Crisis Negotiation, Perspectives on an Interactive Process 231Ole Andre Braten, Michel St‐Yves, Terry D. Royce and Marty Laforest 12 Verbal Lie Detection 259Aldert Vrij, Paul Taylor and Isabel Picornell 13 Vulnerable Individuals, Intermediaries and Justice 287Brendan M. O’Mahony, Ruth Marchant and Lorna Fadden 14 The Interpreter‐Mediated Police Interview 315Yvonne Fowler, Martin Vaughan and Jacqueline Wheatcroft Section VI: Conclusions and Future 335 15 Improving Communicative Practice: Beyond the Cognitive Interview for Adult Eyewitnesses 337Nina J. Westera and Martine Powell 16 Communication in Forensic Contexts: Future Directions and Conclusions 359Trond Myklebust, Gavin Oxburgh, Tim Grant and Rebecca Milne Index 367

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Book SynopsisThe Handbook of Mediation gathers leading experts across fields related to peace, justice, human rights, and conflict resolution to explore ways that mediation can be applied to a range of spectrums, including new age settings, relationships, organizations, institutions, communities, environmental conflicts, and intercultural and international conflicts. The text is informed by cogent theory, state-of-the-art research, and best practices to provide the reader with a well-rounded understanding of mediation practice in contemporary times.Based on four signature themescontexts; skills and competencies; applications; and recommendationsthe handbook provides theoretical, applicable, and practical insight into a variety of key approaches to mediation. Authors consider modern conflict on a local and global scale, emphasizing the importance of identifying effective strategies, foundations, and methods to shape the nature of a mediation mindfully and effectively. With Trade Review"Mediation has burst its banks and spilled over into many fields. It is no longer a meandering stream or a quiet backwater. It has left behind romantic beginnings and entered many new waterways. Read this book and be carried along in the surge." John Winslade, California State University—San Bernardino, USA"In The Mediation Handbook, we have a wonderful new resource that provides insight from some of the most innovative thinkers and practitioners in the mediation world. Drawing on the best lessons of the past and a broad vision of the demands of the future, the handbook offers a wide range of practical approaches for deepening and extending the reach of mediation in the twenty-first century."Bernie Mayer, Creighton University, CanadaTable of Contents Introduction: Revealing the World of Mediation Alexia Georgakopoulos Part I: Promoting Dynamic Mediation in the New Age Mediation Career Trends through Time: Exploring Opportunities and Challenges Craig Zelizer & Colleen Chiochetti Online Technology: The New Frontier for Mediation and Conflict Engagement Daniel Rainey & Alan Tidwell Story-Based Inter-Group Mediation Jessica Senehi The Intersection of Improv and Mediation Farshad Farahat, Charles Goesel & Alexia Georgakopoulos Value-Centered Mediation: The Centrality and Use of Meaning and ValuesMark Kleiman Electronic Mediation Daniel Druckman & Sabine T. Koeszegi Mediation and Spirituality Zena D. Zumeta Part II: Mediating in Relational Settings Transformative Mediation: Illustrating a Relational View of Conflict InterventionJoseph P. Folger & Dan Simon Narrative Mediation of Family Conflict John Winslade Victim Offender Mediation: A Humanistic Approach Mark Umbreit & Toran Hansen Brain Science Behind Mediating Relational Conflicts Thomas DiGrazia Mindfulness in Mediation as a Relational Practice Ran Kuttner Mediation and Collaboration with Multiple Disciplines: The Implementation of Systemic Theory in Alternative Dispute Resolution Tommie Boyd & Randy Heller Dynamic Mediation: Integrating Forgiveness John Zivojinovic Part III: Mediating in Organizational and Institutional Settings Mediation Within and Between Organizations Christopher Moore Organizational Conflict Management Systems: The Emergence of Mediators as Conflict Resolution Professionals Alexia Georgakopoulos, Harold Coleman, Jr. & Rebecca Storrow Effectiveness of Mediation in the State Agency Grievance Process Jessica Katz Jameson, RaJade M. Berry-James, Dennis M. Daley & Jerrell D. Coggburn The Prison of Peace Project: A Model for Community Transformation Douglas E. Noll Mediation and Dispute Resolution Services in Higher Education Neil H. Katz Mediation as a Tool for Resolvng Workplace Conflicts LaVena Wilkin Health Care Mediation: Promoting Workplace Collaboration and Patient Safety Robin Cooper Institutional Mediation and Access to Justice in the State Court System of the United States Rebecca Storrow Part IV: Mediating in Community Settings Promoting Peaceful Communities: The Challenges and Benefits of Community-Police Mediation Evan Hoffman Sustaining Peer Mediation: Remaining Challenges and Opportunities for Peace Educators Cheryl Duckworth Encouraging Effectiveness through Communication Competence in Community Mediation Brian L. Heisterkamp The Space of Conflict: Aesthetic Lessons for Mediators Dorit Cypis From Peers to Parents: Transferring Peer Mediation Skills from School to Family Vitus Ozoke Part V: Mediating within Environmental Settings Conflict, Climate Change, and Environmental Catastrophe: How Mediators Can Help Save the Planet Kenneth Cloke Mediators as Leaders in Climate Change: The Power of Neutrality Thomas Fiutak The Role of Mediation in Large-Scale Collaborative Initiatives Marcelle E. DuPraw Mediation at the Nexus of Climate Change and Conflict Oliver Leighton Barrett The Public Sector as Mediator: The Role of Public Institutions in Environmental Collaborations and Conflict Resolution William Hall & Michael Kern Part VI: Mediating in International and Intercultural Settings Thinking Locally, Acting Globally: Mediating Beyond Borders and Integrated Global Capacity Building Kenneth Cloke International Multiparty Mediation Siniša Vuković Exploring International Mediation: Past, Present and Beyond Lynn Cole Culture, Religion, and Politics in International Mediation Mohammed Abu-Nimer & Timothy Seidel International Mediation: Some Observations and Reflections Sean Byrne Success and Failure of International Mediation: Examining Causes and Conditions that Impede or Assist Process Success Brian Polkinghorn, Anthony Yost & Matt Swiderski Mediation and the Challenge of Fostering Reconciliation in Ethno-Political Disputes: The Case of Guyana Perry Mars, Frederic Pearson & Marie Olson-Lounsbery Mediating in the Shadow of Conflict: United States Special Operations Forces in Unconventional Warfare Christian Ramthun, Raffi Mnatzakanian & Patrick James Christian Religion and Mediation: Strange Bedfellows or Natural Allies? S. Ayse Kadayifci-Orellana Mediating Peacebuilding in Protracted Conflicts: An Interactive Design Framework Benjamin Broome Conclusion: The Future of Mediation in a Changing World George A. Lopez

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Book SynopsisWith the globalist project immersed in conflicts and adversity, Post-Colonial Globalisation offers an insight into the actors who animate it and the power dynamics which run through it. Using the law as the prism through which these are examined, and fusing historical with contemporary perspectives, the book contributes to understanding the crisis in which we find ourselves as a moment of both existential danger and an opportunity.This book is in two parts. The first part charters capitalism's historical progression to globalism through the lens of the act of taking. Taking has risen to institutional prominence as a core concept in the legal lexicon of foreign investment protection to denote deprivation of private property. Post-Colonial Globalisation advances a broader notion of taking as a tool of social criticism. From enclosures, to colonial settlement to an empire of unequal exchanges, to contemporary land grabs, private property, now so vigorously protecteTable of ContentsPrefaceIntroductionChapter one The Globalist ProjectPART I: Taking: A Historical PerspectiveYonit Manor-Percival Chapter two On Law and OrderChapter three Perspectives of TakingChapter four: Taking as Improvement: Enclosures and SettlementChapter five: PropertyChapter six: Taking by TransferChapter seven: Globalised Taking: Land GrabsPART II Property Rights and Rights of NatureJanet Dine Chapter eight: Rights or Web of Interests?Chapter nine: Nature as a Commodity Chapter ten: Property Rights, Animal Rights and Rights for NatureChapter eleven: Standing, Remedies and CustodiansChapter twelve: Delineating Boundaries Chapter thirteen: Corporate Governance: the Atrato and Wanganui Cases Chapter fourteen: Conclusion

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Book SynopsisThe emergence of human rights within development and the evolving relationship was increasingly brought to bear upon key debates and policies over the last couple of decades. This book provides a critically informed, comprehensive and multi-disciplinary entry-level account of this engagement between human rights and development. It is theoretically and practically grounded and explores three over-arching questions and themes: First, why and how have human rights made this breakthrough? Second, is there agreement on human rights as a concept and how it is being used and understood within diverse development practices at global, national and local levels? Third, how can we gauge the impact of human rights based approaches upon development outcomes? The book concludes with what the future may hold for human rights and development. In-depth understanding of human rights as a development challenge and development as a human rights one, is presented and delineates the diversTable of Contents1. The Relevance of Human Rights and Development 2. Development in Theory and Practice 3. Globalisation and Shifting Worlds of Development 4. Human Rights Controversies and Convergences 5. Actors and Institutions in Human Rights and Development 6. Intersections – Rights-Based Approaches to Development 7. The Human Right to Health and Responses to the COVID-19 Pandemic 8. Impact in Rights-Based Approaches: Aligning Actors, Institutions and Interests 9. Shaping Human Rights and Development Futures

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Book SynopsisFirst published in 1998, this volume examines the work of Ronald Dworkin, the leading legal philosopher of our time, ten years after his seminal work, Lawâs Empire. Its impact and influence was so extensive that the authors felt compelled to undertake both an in-depth analysis of both the book itself and its critical reaction, including a survey of the literature on Lawâs Empire.Table of Contents1. Early Views and Critics. 2. The Interpretive Theory. 3. Conventionalism, Pragmatism and Interpretation. 4. Integrity and Interpretation. 5. Integrity, Liberalism and Community. 6. Wider Contexts.

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Book SynopsisUnlocking Company Law is the ideal resource for learning and revising Company Law. This 4th edition has been extensively updated, and this, along with its many pedagogical features, makes it the ideal companion for students studying Company Law.Each chapter in the book contains: aims and objectives; activities such as self-test questions; charts of key facts to consolidate your knowledge; diagrams to aid memory and understanding; prominently displayed cases and judgments; chapter summaries; essay questions with answer plans.In addition, the book features a glossary of legal terminology, making the law more accessible. Table of Contents1: INTRODUCTION TO COMPANY LAW; 2: LEGAL STRUCTURES OF BUSINESS ORGANISATIONS; 3: THE COMPANY AS A DISTINCT AND LEGAL PERSON; 4: COMPANY FORMATION AND LINKED ISSUES; 5: THE CONSTITUTION OF THE COMPANY; 6: FINANCING A COMPANY; 7: SHAREHOLDERS, SHARES AND SHARE CAPITAL; 8: CAPITAL MAINTENANCE AND DISTRIBUTIONS; 9: CORPORATE GOVERNANCE; 10: LEGALLY BINDING THE COMPANY; 11: DIRECTORS’ DUTIES: GENERAL CONSIDERATIONS AND MANAGEMENT DUTIES; 12: DIRECTORS’ DUTIES: CONFLICT OF INTEREST DUTIES; 13: DIRECTORS’ DUTIES: REMEDIES AND RELIEFS AND DIRECTOR DISQUALIFICATION; 14: SHAREHOLDER REMEDIES; 15: RESTRUCTURING, RESCUING TROUBLED COMPANIES AND TAKEOVERS; 16: WINDING UP AND DISSOLUTION OF A COMPANY; 17: TRANSPARENCY

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Book SynopsisWith the recent global economic crisis, attitudes and practices in relation to intellectual property valuation are changing as exemplified by the dichotomy explained in this book, which makes it unique. While there has been a move towards global harmonisation in terms of valuation of both tangible and intangible assets that are based on innovation, there is also a tendency against global harmonisation because of cultural attitudes and practices of different countries. This can be seen most acutely in relation to intellectual property valuation in Asia, especially East Asia, which often differs from the West's perception of valuation. The book is written by experts in intellectual property, valuation and innovation who are mainly practitioners covering innovators, marketers, accountants, social innovators and business and management academics. The breadth and practitioner background of most of the contributors make the material relevant to those involved in valuation, economics,Trade Review"The editor of the book, Prof Ruth Taplin, who herself is a leading strategic commentator in this field, has assembled nine packed chapters each written by a guru in his or her area, ranging from technology to health to shipping. They confirm that valuation is increasing in complexity, whether in the residual value of maritime assets, or in financial services products. A key feature of the volume, the 18th book to date edited and/or authored by Prof Taplin, is that it threads through many disciplines to stimulate greater understanding of the buzzing world of innovation, as it asks how the US legal-economic model, with its short-term outlook, and the more family-oriented ethos of many companies in Asia, will handle the shock of mutual conflict." - James Brewer, allaboutshipping.co.uk"In conclusion, two things in particular I like about this book. First, the book demonstrates, in multiple chapters, the complex interaction among IP, entity value, and innovation. Second, the book highlights a trend that will be with us for decades to come – that is, the simultaneous withering of IP with the rise of open innovation, and the increasing importance of privately owned and enforced IP for companies to capture the value inherent in their innovations.This is a thought-provoking book and a great read, well worth the time and effort for anyone involved in the general business of innovation or intellectual property." - Larry M. Goldstein, U.S. Patent Attorney"Accurate assessment of intellectual property has always presented challenges to economists and academics. But, as technological innovation continues to blur political and cultural boundaries, it's necessary, more than ever, to re-examine the fundamental meaning of valuation. Ruth Taplin’s Intellectual Property Valuation & Innovation Towards Global Harmonisation, advances the discourse through 9 chapters, which examine the valuation of tangible and intangible assets in the evolving ‘glocalized’ economy. "Stuart Ake of The Wine FoundryTable of Contents 1.Overview and introduction 2. Future of innovation and intellectual property 3. Creating value in health care through social innovation 4. The financial reporting of research and development costs and its signalling effects on firms' market values 5. Value-energy interrelationship and dynamic added value taxation 6. Residual value insurance in the maritime sector 7. From co-creation to entrepreneurialism: mobile apps and other examples 8. Big Data and innovation 9. Innovation, valuation and crisis

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Book SynopsisRoutledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers that help you to: Plan your revision: introducing how best to approach revision in each subject Know what examiners are looking for: identifying and explaining the main elements of each question to help you understand the best approach providing marker annotation to show how examiners will read your answer Gain marks, and avoid common errors: identifying common pitfalls students encounter in class and in assessment providing revision advice to helpTable of Contents1. Offer and Acceptance 2. Intention and Consideration 3. Privity 4. Contents of the Contract 5. Exclusion Clauses 6. Mistake and Misrepresentation 7. Duress and Undue Influence 8. Illegality 9. Frustration 10. Performance and Breach 11. Remedies

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Book SynopsisRoutledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers. These books provide you with the skills you need for your exams by: Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria Offering pointers on how to gain marks, as well as what common errors could lose them: Aim Higher' and Common Pitfalls' offer crucial guidance throughoTable of ContentsIntroduction 1. Registered Land 2. Unregistered Land 3. Co-ownership 4. Successive Interests in Land 5. Leases 6. Licences and Proprietary Estoppel 7. Easements 8. Freehold Covenants 9. The Law of Mortgages 10. Miscellaneous Problems.

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Book SynopsisPublishing Law is an authoritative and engaging guide to a wide range of legal issues affecting publishing today. Hugh Jones and Christopher Benson present readers with clear and accessible guidance to the complex legal areas specific to the ever evolving world of contemporary publishing, including copyright, moral rights, contracts and licensing, privacy, confidentiality, defamation, infringement and trademarks, with analysis of legal issues relating to sales, advertising, marketing, distribution and competition.This new fifth edition presents updated coverage of the key principles of copyright , as well as new copyright exceptions, licensing and open access. There is also further in-depth coverage of the legal issues around the sale of digital content. Key features of the fifth edition include: updated coverage of EU and UK copyright, including a new chapter on copyright exceptions following the significant changes iTrade ReviewAdrienne Muir, Loughborough University: It is recommended as a core text to buy… Overall, I think the book would be even more useful if it reflected changes in the publishing world… This is currently my favoured book. Other recommendations tend to be on specific topics. The students appreciate having one accessible overview of the issues… I am not aware of a UK focused title that meets the needs outlined. Anna Faherty, Kingston University: I think Publishing Law is an accessible, real-world guide to the key legal issues in publishing. I owned a copy when I was a commissioning editor and now encourage all our students to invest in a copy (not just for the course, but also as a handy reference when then are working in the industry). I’m not aware of another title that has the concise and accessible (yet authoritative) appeal of this book. Beverley Tarquini, Oxford Brookes University: Digital rights – more examples and case studies – in fact a whole new chapter would be good....I am unaware of any direct competition as this book is specifically geared to publishing. Table of ContentsPart I: The law, and original works; 1. Publishing and the law; 2. Copyright I – Key Principles; 3. Copyright II – Copyright Exceptions, Licensing and Open Access; 4. Other rights of authors and publishers; Part II: Commissioning: publishing contracts; 5. Author contracts; 6. Other contracts; Part III: Delivery, editing and obligations on publication; 7. Delivery, editing and obligations on publication; Part IV: Publish and be damned; 8. Defamation and other risks; 9. Confidentiality and privacy; 10. Copyright infringement; 11. Trade marks and passing off; Part V: Sales and supply; 12. Sale of goods, digital content and consumer protection; 13. Advertising and marketing; 14. Distribution and export

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Book SynopsisAcknowledgements Notes on Contributors A Note on the Text Introduction; L.Kahn PARTI: MILL'S MORAL CONCEPTS Mill's Ambivalence about Duty; D.Brink Rights, Justice, and Rules andin Mill's Utilitarianism; W.H.Shaw Mill Division of Morality; D.E.Miller John Stuart Mill on Justice; F.Wilson PART II: MILL AND OTHERS ON JUSTICE Mill and Rawls; H.West Mill's Justice and Political Liberalism; D.G.Brown Happiness and the Moral Sentiment of Justice; J.Riley Justice for Barbarians; C.L.Ten The Objection from Justice and the Conceptual/Substantive Distinction; L.Kahn IndexTable of ContentsAcknowledgements Notes on Contributors A Note on the Text Introduction; L.Kahn PART I: MILL'S MORAL CONCEPTS Mill's Ambivalence about Duty; D.Brink Rights, Justice, and Rules and in Mill's Utilitarianism; W.H.Shaw Mill Division of Morality; D.E.Miller John Stuart Mill on Justice; F.Wilson PART II: MILL AND OTHERS ON JUSTICE Mill and Rawls; H.West Mill's Justice and Political Liberalism; D.G.Brown Happiness and the Moral Sentiment of Justice; J.Riley Justice for Barbarians; C.L.Ten The Objection from Justice and the Conceptual/Substantive Distinction; L.Kahn Index

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Book SynopsisExamines the way the corporation a legal concept of enduring and timely importance in the Anglo-American legal tradition was imagined in the nineteenth century historical imagination.

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Book SynopsisFoundations of Aviation Law is an easy-reading general primer into the often complex world of aviation law, written for aviation students as well as legal professionals who are looking for broad-based, introductory coverage of the subject. The text begins with basic legal concepts that build a foundation for in-depth exploration of aviation-specific subject matter. This allows the instructor to utilize one text in situations where a basic foundation in law is required before moving into aviation law specifics. It includes citations to relevant and key court decisions that provide a solid underpinning for the student of aviation law. The book is divided into six general categories, with fifteen relevant sub-chapters, allowing focused learning into particular areas of law. Throughout it features chapter summaries, key word indices and review questions. The design easily allows instructors to develop syllabi that spotlight the specific area of law that they are interested in exploring, Trade Review’Foundations of Aviation Law is an excellent broad based primer on Aviation law. It is both substantive and instructive for an aviation specialist and any practitioner facing issues related to Aviation law. An excellent resource tool.’ Patrick J. McGroder IIITable of ContentsContents: Preface. Part I Fundamental Principles of Law: Jurisprudence and US legal history; The US legal system; Types and sources of law. Part II Administrative Aviation Law: Aviation regulation; Enforcement actions; Medical certification. Part III Aviation and the Law: Aviation accident law; Aviation criminal law; Aviation labor law. Part IV Airport Law: Airport zoning and noise; Airport ownership and operation; Airport development and funding. Part V Aviation Business and Insurance: Business entities and aircraft transactions; Aviation insurance. Part VI International Law: International aviation law. Selected bibliography; Index.

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Book SynopsisExplores the challenges facing democracies in the twenty-first centuryIn Democratic Failure, Melissa Schwartzberg and Daniel Viehoff bring together a distinguished group of interdisciplinary scholars in political science, law, and philosophy to explore the key questions and challenges facing democracies, both in the past and present, around the world.In ten timely essays, contributors examine the fascinating, centuries-old question of whether or not democracy can ever fulfill the promise of its ideals. Together, they explore lessons from the history of democracy, various failures of democratic representation, and more. Ultimately, this latest installment of the NOMOS series provides thought-provoking insights into how we conceptualize, measure, and address democratic erosion in our present-day world.

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Book SynopsisWhat is social control? How do social controls become part of everyday life? What role does the criminal justice system play in exerting control? Is the diagnosis and treatment of mental illness a form of social control? Do we need more social controls to prevent terrorist atrocities? In this third edition of his popular introduction, James J. Chriss carefully guides readers through the debates about social control. The book provides a comprehensive guide to historical debates and more recent controversies, examining in detail the criminal justice system, medicine, national security, and everyday life. Chriss blends theoretical discussion with a rich range of contemporary examples to illustrate the ways in which social control is exerted and maintained. The updated edition includes new or expanded material on autism, trauma and PTSD, sports participation, the murder of George Floyd and the ensuing protests, domestic terrorism, the COVID-19 pandemic, and the growing importance of social media in surveillance and informal control, among other topics. Social Control is essential reading for students taking courses in deviance and social control, and will also appeal to those studying criminology, the sociology of law, and medical sociology.Trade Review“Professor Chriss has written a theoretically informed and far-ranging account of the origins, types, and functions of social control in human society. Key concepts are reinforced by relevant present-day case studies. Highly recommended.”William C. Cockerham, Emeritus, University of Alabama, and College of William and Mary “Chriss reminds us that social control, the flip side of deviance, is central to social life; all societies practice it, from the pinnacle of the power structure to all of us at the grassroots, in our interactions with others on a one-to-one basis.”Erich Goode, Emeritus, Stony Brook UniversityTable of ContentsPART I UNDERSTANDING SOCIAL CONTROL 1 What Is Social Control? 2 A Typology of Social Control 3 Informal Control 4 Medical Control 5 Legal Control PART II CASE STUDIES IN SOCIAL CONTROL 6 Informal Control: Housing Segregation, the Code of the Street, and Emerging Adulthood and Morality 7 Medical Control: Selective Mutism, Autism, and Violence as a Disease 8 Legal Control: Racial Profiling, Hate Crimes, and the Imprisonment Binge 9 Terrorism and Social Control 10 Conclusion: The Future of Social Control Notes References

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Book SynopsisIt is a simple story. A 37-year-old man belonging to the Traveller community is shot dead by a special unit of the French police on the family farm where he was hiding since he failed to return to prison after temporary release. The officers claim self-defense. The relatives, present at the scene, contest that claim. A case is opened, and it concludes with a dismissal that is upheld on appeal. Dismayed by these decisions, the family continues the struggle for truth and justice. Giving each account of the event the same credit, Didier Fassin conducts a counter-investigation, based on the re-examination of all the available details and on the interviews of its protagonists. A critical reflection on the work of police forces, the functioning of the justice system, and the conditions that make such tragedies possible and seldom punished, Death of a Traveller is also an attempt to restore to these marginalized communities what they are usually denied: respectability.Trade Review“Fassin, a sociologist and anthropologist, aims to supplement the approaches of activists and of the justice system in confronting police violence, and scrutinizes the evidence with an emphasis on its socioeconomic context. To do otherwise, he argues, impedes both truth and human dignity.”The New Yorker “In seeking to do justice to yet another young life, another racialized suspect, snuffed out in the name of public order, Fassin provides a stunning indictment of a new moral economy: a culture of institutional duplicity that allows police to get away with murder.”Jean Comaroff, Harvard University “How can an account of a controversial killing do justice to it sociologically and according to the laws of the land, and at the same time politically and humanely? This is the multifaceted conundrum addressed by this beautifully written and meticulously crafted book. A riveting must-read for all those concerned by the broader meaning of death at the hands of the police, in France and in other countries.”Dame Caroline Humphrey, University of CambridgeTable of ContentsAcknowledgmentsA Simple Story. Preface to the English EditionTerminological NotePreamblePrologueI. The FatherII. The First OfficerIII. The MotherIV. The Second OfficerV. The DoctorVI. The SisterVII. The ProsecutorVIII. The JournalistIX. DignityX. CampaignXI. MourningXII. BiographyXIII. InvestigationXIV. DismissalXV. TruthXVI. LiesXVII. ReconstructionXVIII. That DayEpilogue

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Book SynopsisWe all feel unfairness deeply when treated in rash ways. We expect, and the law requires, government officials to take fairness seriously, giving us notice and an opportunity to be heard before taking our rights away. That is why the U.S. Constitution commands, twice, that no one shall be deprived of life, liberty, or property without due process of law. Yet, in overheated debates, people argue that others do not deserve any presumption of innocence. In courtrooms and colleges, police stations and jails, restaurants and libraries, print and online, the democratic value of due process is up for grabs. Why is due process under so much pressure? Brandon Garrett exposes widening fault lines. One division lies within our own attitudes, and he explores why we are tempted to put desired outcomes before fair process. Another lies in government, as judges adopt toothless due process rules. People are trapped in debt for unpaid traffic fines; sheriffs seize and forfeit belongings; algorithms suspend teachers' employment; officials use flawed data to cancel healthcare; and magistrates order arrestees to be jailed because they cannot pay cash bail. Meanwhile, the rise of AI threatens what remains of due process with black-box technology. To fight against such unfairness, lawyers try to challenge unjust systems, researchers demonstrate why such processes are so counterproductive, and lawmakers try to enact new protections. Common ground matters now more than ever to mend political polarization, cool simmering distrust of government, prevent injudicious errors, and safeguard constitutional rights. A revival of due process is long overdue.

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Book SynopsisTaking a critical attitude of dissatisfaction towards rights, the central premise of this book is that rights are technologies of governmentality. They are a regulating discourse that is itself managed through governing tactics and techniques – hence governing (through) rights. Part I examines the 'problem of government' (through) rights. The opening chapter describes governmentality as a methodology that is then used to interrogate the relationship between rights and governance in three contexts: the international, regional and local. How rights regulate certain identities and conceptions of what is good governance is examined through the case study of non-state actors, specifically the NGO, in the international setting; through a case study of rights agencies, and the role of experts, indicators and the rights-based approach in the European Union or regional setting; and, in terms of the local, the challenge that the blossoming language of responsibility and community poses to rights in the name of less government (Big Society) is problematised. In Part II, on resisting government (through) rights, the book also asks what counter-conducts are possible using rights language (questioning rioting as resistance), and whether counter-conduct can be read as an ethos of the political, rights-bearing subject and as a new ethical right. Thus, the book bridges a divide between critical theory (ie Foucauldian understandings of power as governmentality) and human rights law.Table of ContentsPart I: Government (Through) Rights 1. Introduction 2. Governing (Through) Agencies: The EU and Rights in EUrope 3. Governing (Through) Non-Governmental Actors: The Global Human Rights Architecture and the International NGO Part II: Resisting Government (Through) Rights 4. Resisting Rights with Responsibility 5. Counter-Conduct as Right and as Ethics 6. Conclusion: A Permanent State of Dissatisfaction

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Book SynopsisPRAISE FOR THE BOOK “Despite the existing scholarly literature on criminal defences, many issues remain contested or unresolved. Dr Dsouza offers a thorough and scholarly treatment of a complex topic which can be expected to become a point of reference for future work in the field.” Professor James Chalmers, University of Glasgow “Mark Dsouza has produced an engaging, incisive and cogently argued monograph, that makes an original contribution to criminal law theory. Required reading for scholars and graduate students working on criminal law defences.” Professor Paul Roberts, University of Nottingham Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters. The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.Trade ReviewDsouza reveals how much more thinking remains to be done about one of criminal law theory’s most discussed topics ... those seeking to make further progress in thinking about defences in criminal law will profit by engaging with this thoughtful, challenging and inventive book. -- James Edwards * The Modern Law Review *This is an impressive piece of work: it is carefully reasoned, responsive to existing debates in criminal law theory, and always mindful of the practical implications of the theoretical claims it defends. -- Zachary Hoskins, University of Nottingham * Criminal Law and Philosophy *Table of ContentsPart I: Overview 1. The Proposed Borders of Justification and Excuse Part II: Defences in the Structure of the Criminal Law 2. Reasons and Perspective in the Criminal Law 3. The Normative Guidance Underlying the Criminal Law Part III: Translating Theory into Doctrine 4. The Theoretical Framework of Rationale-Based Defences 5. The Contours of Paradigmatic Justifications 6. Rationale-Based Excuses 7. Supervening Justificatory Necessity 8. Mapping the Model’s Implications

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Book SynopsisThis book contributes to the literature on jurisprudence and theology by arguing for the role of a theoretically robust Christian theology in a legal community dominated by secular and liberal ideology. It is not a doctrinal or empirical analysis, but a theoretical exposition of the way in which modern law has contingently drifted from its theological origins. As a result, the legal system and the ideal of individual and communal relationship it envisages is characterised by antagonism and alienation, or more broadly, violence. The book contends that the way to restore a legal community of peace is to return to a Christian theology which is informed by Trinitarian thinking or the notion of unity in diversity, and reunites faith with reason. Returning reason to its ground in being allows peaceful persuasion by the revelation of God’s perfect being through the Trinity and Incarnation, which models and enables the peaceful coexistence of difference through self-sacrificing love. This in turn produces the law of love – to love your neighbour as yourself. Since love does no wrong to a neighbour, a legal community operating by the law of love can fulfil the obligations of law by going beyond merely what is required by law and love individuals as part of a community.Table of ContentsIntroduction I. From Violence to Peace II. The Nature of Violence III. Envisaging the Peaceful Legal Community IV. The Secular Challenge V. The Argument of this Book: From Violence to Peace 1. Milbank’s Milieu: Theorisations of Truth, Faith and Reason I. Introduction II. Milbank’s Theoretical Context III. Critiquing the Secular Genealogy IV. The Truth of Theology: Producing Peace through Trinitarian Correspondence V. Rejecting Secular Reason VI. Promoting Faith and the Reason of Theology 2. Secularising Science: The Divorce of Reason and Revelation I. Introduction II. The Theological Genesis and Subsequent Secularisation of Science III. (No) Salvation by Faith Alone: How the Reformation Further Divided Faith and Reason IV. Uniting Faith and Reason to Restore True Scientia: The Participation Model 3. Deconstructing Derrida: Law, Spirit, Logos I. The Postmodern and the Pagan II. Different Perspectives: The Metanarratives of Jacques Derrida III. The Pagan Differ(a)nce IV. Moving Perspectives: From Secular Reason to Christian Theology V. A Genuinely ‘Postmodern’ Theology VI. The Threshold of Ontological Peace: Constructing a Christian Theology of Legal Community 4. An Account of Secular(ised) Jurisprudence: Violence from Duns Scotus to Derrida I. Law and Postmodern Critical Augustinianism II. Faith, Reason and a Theological Natural Law III. ‘Creating’ the Secular: Duns Scotus, Univocity and Separating Philosophy from Theology IV. Machiavelli and Hobbes: Secular Legal Ontology and the Emergence of Governing Violence V. The Final Stage: Austin, Hart and the Violence of Secular Positivism VI. Diagnosing Legal Violence: Cover, Benjamin and Derrida VII. Escaping Legal Violence and the Possibility for Christian Peace 5. Violence, Attestation and Revelation: Reading Law and Truth in the Trial of Christ I. The Trial as a Narrative of Law and Truth II. Laws of Sin and Laws of Spirit: Paul, Faith and the Torah III. Christ Crucified: Conviction by the Law of Death IV. The Revelation of Christ: Faith, Mystery, Atonement V. Light in the Darkness: The Law of Love, Faith and Participation VI. Resurrecting the Peaceful Legal Community 6. The Paradox of Law and Truth in Christianity: On Materialism, the Sublime and Reading the Pauline Law of Love I. Žižek, Materialism and the Christian Legacy II. The Sublime Object: Defeating Death III. The Sublime Truth of Faith: Paradoxical Law, Love and Life through Resurrection IV. Manifesting the Peaceful Community: Faith and Practice 7. ‘Love Your (Legal) Neighbour as Yourself ’: Producing Peace through a Theological Jurisprudence of Truth I. ‘The End of Reason’: The Blind Faith of Secular Reason and Recovering Reason through the Incarnational Paradox II. ‘Faith in the Truth of Christianity’: Correspondence through Revelation and Rhetoric III. Revealing an Ontology of Peace: The Nature of Peace and Violence in Christianity IV. Christian Theology and the Modern Legal Community: Proposing the Law of Love V. The Law of Love, or Love beyond Law: Releasing the Spirit of the Good Samaritan VI. Fulfilling the Christian Vision of a Peaceful Legal Community

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Book SynopsisThis open access collection of 17 original essays is the first volume to provide an in-depth exploration of the potential of a rights-based approach to criminal law. The book presents a comprehensive treatment of the role of rights in criminal law, ranging from a conceptual analysis and questions of justified criminalisation, to specific legal implications for substantive criminal law and criminal procedure. The collection addresses the academic and practical questions that are related to individual entitlements protected by criminal law, including:- Who currently holds and who should hold a right not to be wronged by others?- Is it a violation of individual rights, rather than the infliction of harm, that constitutes a reason for criminalisation?- Does the idea of criminal law as regulating interpersonal legal relations contradict its public character?Furthermore, the collection provides a theoretical framework for the study of consent and sexual offences, investigates the background of ideas of restorative justice, and explores both the victim's and the offender's rights in prosecution and trial. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

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Book SynopsisThis open access book explores the connection between proportionality and the moral concept of freedom from a variety of philosophical perspectives. It views proportionality as more than a technical, legalistic formula but as infused with moral meaning. It asks: Is the proportionality test committed to a particular philosophical conception of freedom? Some contributors argue that proportionality subscribes to a morally defensible right to everything'. Others see in this a serious shortcoming of contemporary proportionality discourse. They claim instead that fundamental rights doctrine should abandon proportionality and adopt a less individualistic notion of freedom that is inherently limited by the reasonable interests of others. The volume showcases novel attempts to combine proportionality and freedom that are inspired by Kant, Rawls and Bernard Williams. It also situates its central question within debates about the legitimacy of judicial power and considers the use of proportionality analysis by the courts to resolve pivotal issues about the meaning of human rights. Individual chapters are in dialogue with each other, offering readers a holistic examination of this important issue of human rights theory and practice.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

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Book SynopsisExamining the harmful effects of colonisation, this book highlights the law's crucial role in driving real change. Eminent scholar Joshua Castellino proposes a five-point strategy to create a fairer system through innovative reparations and heal our planet.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisWe live in a 'risk society' where the identification, distribution and management of risks, from new technology, environmental factors or other sources are crucial to our individual and social existence. In The Social Contours of Risk, Volumes I and II, two of the world's leading and most influential analysts of the social dimensions of risk bring together their most important contributions to this fundamental and wide-ranging field. Volume I collects their fundamental work on how risks are communicated among different publics and stakeholders, including local communities, corporations and the larger society. It analyses the problems of lack of transparency and trust, and explores how even minor effects can be amplified and distorted through media and social responses, preventing effective management. The final section investigates the difficult ethical issues raised by the unequal distribution of risk depending on factors such as wealth, location and genetic inheritance - with examples from worker and public protection, facility-siting conflicts, transporting hazardous waste and widespread impacts such as climate change. Volume II centres on the analysis and management of risk in society, in international business and multinationals, and globally. The 'acceptability' of risk to an individual depends on the context, whether the larger society or in, for example, a corporate framework. Their work clarifies the structures and processes for managing risks in the private sector and the factors that produce or impede effective decisions. The authors demonstrate that corporate culture is crucial in determining risk management. They analyse the transfer of corporate risk management systems from industrial to developing countries, and how globalization is spreading and creating new kinds of risk - the combination of traditional and modern hazards presented by climate change, technology transfer and economic growth. They describe the new priorities and capacities needed to deal with these enhanced vulnerabilities around the globe.Table of ContentsVolume I * PART 1 - COMMUNICATING RISK AND INVOLVING PUBLICS * Six Propositions on Public Participation and Their Relevance for Risk Communication * Social Distrust as a Factor in Siting Hazardous Facilities and Communicating Risks * Evaluating Risk Communication * Considerations and Principles for Risk Communication for Industrial Accidents * Risk and the Stakeholder Express * PART 2 THE SOCIAL AMPLIFICATION OF RISK * The Social Amplification of Risk: A Conceptual Framework * Hidden Hazards * Media Risk Signals and the Proposed Yucca Mountain Nuclear Waste Repository, 1985-1989 * Stigma and the Social Amplification of Risk: Towards a Framework of Analysis * Risk, Trust and Democratic Theory * The Social Amplification of Risk: Assessing 15 Years of Research and Theory * PART 3 RISK AND ETHICS * Responding to the Double Standard of Worker/Public Protection * Developmental and Geographical Equity in Global Environmental Change: A Framework for Analysis * Redirecting the US High-Level Radioactive Waste Programme * Siting Hazardous Facilities: Searching for Effective Institutions and Processes * Climate Change, Vulnerability and Social Justice * Volume II * PART 1 RISK AND SOCIETY: FRAMING THE ISSUES * Acceptability of Human Risk * Societal Response to Hazards and Major Hazard Events: Comparing Natural and Technological Hazards* Large-scale Nuclear Risk Analysis: Its Impacts and Future * PART 2 CORPORATIONS AND RISK * Corporate Management of Health and Safety Hazards: Current Practice and Needed Research * Avoiding Future Bhopals * Emergency Planning for Industrial Crises: An Overview * Corporate Culture and Technology Transfer * Industrial Risk Management in India Since Bhopal * PART 3 THE GLOBALIZATION OF RISK * Hazards in Developing Countries: Cause for Global Concern * Priorities in Profile: Managing Risks in Developing Countries * Risk and Criticality: Trajectories of Regional Environmental * (Assessing the Vulnerability of Coastal Communities to Extreme Storms: The Case of Revere, Massachusetts, US * Border Crossings * Vulnerability to Global Environmental Change *

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Book SynopsisThis book is part of the Cavendish Essential series. The books in the series are designed to provide useful revision aids for the hard-pressed student.They are not,of course, intended to be substitutes for more detailed treatises. Other textbooks in the Cavendish portfolio must supply these gaps. The Cavendish Essential Series is now in its second edition and is a well established favourite among students. The team of authors bring a wealth of lecturing and examining experience to the task in hand. Many students who have studied or are studying law find the experience 'painful'. One of the main complaints is that there is so much to learn and so many cases to remember.This book is written based on both A Level and GCSE Law Syllabus. For students who progress to higher level, this book can also be used as a basis for them to develop their own personal law revision notes.Table of ContentsNature of Law; Modern Sources of English Law; Criminal Law; Contract Law; Tort Law; Family Law; Law of Succession; Freedom under the Law; Legal Process and Institutions.

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