Law and society, sociology of law Books
Edward Elgar Publishing Ltd Empirical Legal Research: A Primer
Book SynopsisThis exciting textbook introduces the basic tenets and methodologies of empirical legal research. Explaining how to initiate and conduct empirical research projects, how to evaluate the methods used and how to analyze and engage with the results, Kees van den Bos provides a vibrant and reliable primer for students and practitioners looking to engage actively in legal research. Key features include: A straightforward, non-technical and accessible style to engage new researchers in empirical legal research A step-by-step guide to empirical research, leading students through establishing and building a research project, to interpreting and reporting on empirical data An exploration of an array of methodologies to gather empirical data, including interviews, surveys and experiments, providing plenty of avenues for research Exercises to allow students to put new skills into practice and suggested further reading to deepen students' understanding of new topics. Offering an enthusiastic introduction to a valuable subject, this is crucial reading for advanced law students hoping to pursue their own empirical legal research projects. Its insights into cutting-edge research methodologies will also be of benefit to students with a keen interest in the sociology of law, as well as socio-legal studies more widely.Trade ReviewThis textbook is a very accessible and practical guide to empirical legal research. The non-technical explanations of interviews, surveys and experiments make it easy to understand the pros and cons of each method and to know when to use them. It will be perfect as a textbook in an interdisciplinary methods course for law students.' --Sanne Taekema, Erasmus University Rotterdam, the Netherlands'Empirical Legal Research: A Primer is a wonderful introduction to, and continuing reference for, the use of empirical methods to study legal issues. At a time when policy research, evidence-based legal process, and fact-based input into legal decisions are becoming more and more important, this book is a valuable resource for law students, legal scholars, practicing lawyers, and policy makers. The book is accessible and interesting - I recommend it!' --Allan Lind, Duke University, US'Empirical Legal Research: A Primer is a great book. It makes clear that doing empirical research is important, enriching and fun. It explains in a very simple, clear and effective way how to set up and carry out such research and what part of empirical research you can carry out yourself and when you need the help of an expert. If I had never done any empirical legal research myself, I'm sure that I would want to start immediately after reading this book.' --Bert Marseille, University of Groningen, the NetherlandsTable of ContentsContents: Part I. Start: Moving from Content to Empirical Research Questions 1. Why Empirical Legal Research 2. Research Goals, Problems and Questions Part II Research Methods: Studying Empirical Questions 3. Interviews 4. Surveys 5. Experiments Part III Interpreting Empirical Data: Moving Back to Content 6. Data Analyses 7. Reporting of Results 8. What Next References Subject Index
£28.45
Pan Macmillan Fake Law: The Truth About Justice in an Age of
Book SynopsisTHE TOP TEN SUNDAY TIMES BESTSELLER'A powerful polemic' Sunday Times'A compelling, eye-opening read' Daily Express– Did an illegal immigrant avoid deportation because he had a cat?– Is the law on the side of the burglar who enters your home? – Are unelected judges ‘enemies of the people’? Most of us think the law is only relevant to criminals, if we even think of it at all. But the law touches every area of our lives: from intimate family matters to the biggest issues in our society. Our unfamiliarity is dangerous because it makes us vulnerable to media spin, political lies and the kind of misinformation that frequently comes from loud-mouthed amateurs and those with vested interests. This 'fake law' allows the powerful and the ignorant to corrupt justice without our knowledge – worse, we risk letting them make us complicit. Thankfully, the Secret Barrister is back to reveal the stupidity, malice and incompetence behind many of the biggest legal stories of recent years. In Fake Law, the Secret Barrister debunks the lies and builds a defence against the abuse of our law, our rights and our democracy that is as entertaining as it is vital.Trade ReviewWell written, both punchy and providing concise explanations of complex laws . . . a powerful polemic that also acts as a primer about our legal rights -- Rosamund Urwin * Sunday Times *The Secret Barrister mounts a powerful defence of lawyers and the law from their noisy detractors . . . this is an urgent and highly readable book. You will come away from it feeling that your mind has been purged -- Thomas Grant * The Times *Fake Law is a compelling, eye-opening read and should act as a wake-up call for anyone with an interest in how the law, and, by extension, society and justice function – that is to say, every one of us. -- Huston Gilmore * Daily Express *The authority of this author is in the sheer quality of the writing. To keep up to this standard in tweet after tweet, blogpost after blogpost, and now book after book is remarkable – especially if, as the author tells us, they do all this in addition to a busy and stressful criminal practice * Prospect *I enjoyed reading this book. It is well-written and informative and the SB is right to lament the levels of public ignorance about the way the system works. -- Philip Johnston * Daily Telegraph *The Secret Barrister picks apart the “deliberate smokescreen” of falsehoods with which the UK government justifies its policies and the methods employed by a compliant press to amplify and embellish them. Unashamedly polemical but legally watertight, Fake Law is a disturbing indictment * Herald *This is not the easiest book you will read this summer. But it will be one of the most educational and alarming * Strong Words *A defence of the legal system and exposé of agenda-driven politicians, click-hungry tabloid editors and powerful corporate interests who persuade us that the system is stacked in favour of criminals and the undeserving. In fact, the resulting changes to the law mean our own rights – for example, to legal aid – are being quietly eroded * Daily Mirror *A much-needed book that looks at some of the biggest myths behind the legal system. Fans of the Secret Barrister will be pleased with the latest instalment, which offers well-written insight, making difficult-to-understand laws clearer with interesting and current case studies. -- Megan Baynes * Press Association *The anonymous campaigning lawyer returns with a myth-busting new book that takes on the many detractors of the law and legal profession. * The Times *
£10.44
Harvard University Press Law and Leviathan
Book SynopsisMany Americans fear the power of unelected, unaccountable bureaucrats—the “deep state.” Cass Sunstein and Adrian Vermeule seek to calm those fears by proposing a moral regime to ensure that government rulemakers behave transparently and don’t abuse their authority. The administrative state may be a Leviathan, but it can be a principled one.Trade ReviewThis short book is as brilliantly imaginative as it is urgently timely. By identifying an inner morality of administrative law, Sunstein and Vermeule refute the most serious legal and political attacks on the administrative state since the New Deal. The book makes major contributions to the theory of the rule of law. -- Richard H. Fallon, Jr., Story Professor of Law, Harvard Law SchoolThis is a sparkling vindication of the enduring relevance of Lon Fuller’s classic account of the rule of law. It is an exemplary piece of legal scholarship in the way it connects a sensitive exploration of legal doctrine to underlying moral concerns. -- John Tasioulas, Director, Yeoh Tiong Lay Centre for Politics, Philosophy, and Law, The Dickson Poon School of Law, King’s College LondonIn the face of decades of robust attacks on the administrative state as unconstitutional, immoral, or worse, Sunstein and Vermeule offer a doctrinally careful and theoretically sophisticated defense of pervasive administrative regulation tempered by the kinds of rule of law concerns associated with Lon Fuller’s internal morality of law. At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto. -- Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of LawA must-read for critics and defenders of the administrative state. -- Jeffrey Pojankowski, Notre Dame Law SchoolIn this elegant and thoughtful book, Sunstein and Vermeule seek to offer an ‘appealing second best’ on which the administrative state’s friends and foes can agree. Whether they will succeed in that task remains to be seen, but their effort to move us past old debates is exactly right. The pandemic has shown the urgent need for an administrative state that is both lawful and effective, empowered as well as constrained. Sunstein and Vermeule offer us an insightful account of how that uneasy balance is attained through core principles emanant in administrative law. -- Gillian Metzger, Harlan Fiske Stone Professor of Constitutional Law, Columbia Law SchoolSunstein and Vermeule pack in a great deal of information, almost a thumbnail course in administrative law…For lawyers, the book provides an easy entry point to the latest developments in a complex and technical field of law...Put[s] forward a new analytical framework for thinking about the direction of the administrative state. -- Terence Check * Cipher Brief *Has something to offer both critics and supporters of the administrative state and is a valuable contribution to the ongoing debate over the constitutionality of the modern state. -- Joseph Postell * Review of Politics *Law and Leviathan is a useful source to learn about the current state of US public law discourse. The reader can find an interesting mapping of concerns and solutions advanced towards developments which—to different degrees and under various labels—have taken place in most Western constitutional systems, as well as within the institutional structures of global governance. -- Angelo Jr Golia * Heidelberg Journal of International Law *This short book is as brilliantly imaginative as it is urgently timely. By identifying an inner morality of administrative law, Sunstein and Vermeule refute the most serious legal and political attacks on the administrative state since the New Deal. The book makes major contributions to the theory of the rule of law. -- Richard H. Fallon, Jr., Story Professor of Law, Harvard Law SchoolThis is a sparkling vindication of the enduring relevance of Lon Fuller’s classic account of the rule of law. It is an exemplary piece of legal scholarship in the way it connects a sensitive exploration of legal doctrine to underlying moral concerns. -- John Tasioulas, Director, Yeoh Tiong Lay Centre for Politics, Philosophy, and Law, The Dickson Poon School of Law, King’s College LondonIn the face of decades of robust attacks on the administrative state as unconstitutional, immoral, or worse, Sunstein and Vermeule offer a doctrinally careful and theoretically sophisticated defense of pervasive administrative regulation tempered by the kinds of rule of law concerns associated with Lon Fuller’s internal morality of law. At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto. -- Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of LawA must-read for critics and defenders of the administrative state. -- Jeffrey Pojankowski, Notre Dame Law SchoolIn this elegant and thoughtful book, Sunstein and Vermeule seek to offer an ‘appealing second best’ on which the administrative state’s friends and foes can agree. Whether they will succeed in that task remains to be seen, but their effort to move us past old debates is exactly right. The pandemic has shown the urgent need for an administrative state that is both lawful and effective, empowered as well as constrained. Sunstein and Vermeule offer us an insightful account of how that uneasy balance is attained through core principles emanant in administrative law. -- Gillian Metzger, Harlan Fiske Stone Professor of Constitutional Law, Columbia Law SchoolSunstein and Vermeule pack in a great deal of information, almost a thumbnail course in administrative law…For lawyers, the book provides an easy entry point to the latest developments in a complex and technical field of law...Put[s] forward a new analytical framework for thinking about the direction of the administrative state. -- Terence Check * Cipher Brief *Has something to offer both critics and supporters of the administrative state and is a valuable contribution to the ongoing debate over the constitutionality of the modern state. -- Joseph Postell * Review of Politics *Law and Leviathan is a useful source to learn about the current state of US public law discourse. The reader can find an interesting mapping of concerns and solutions advanced towards developments which—to different degrees and under various labels—have taken place in most Western constitutional systems, as well as within the institutional structures of global governance. -- Angelo Jr Golia * Heidelberg Journal of International Law *
£15.26
Stanford University Press Judge and Punish: The Penal State on Trial
Book SynopsisWhat remains anti-democratic in our criminal justice systems, and where does it come from? Geoffroy de Lagasnerie spent years sitting in on trials, watching as individuals were judged and sentenced for armed robbery, assault, rape, and murder. His experience led to this original reflection on the penal state, power, and violence that identifies a paradox in the way justice is exercised in liberal democracies. In order to pronounce a judgment, a trial must construct an individualizing story of actors and their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself. The law is often presented as the reign of reason over passion. Instead, it leads to trauma, dispossession, and violence. Only by overturning our inherited legal fictions can we envision forms of truer justice. Combining narratives of real trials with theoretical analysis, Judge and Punish shows that juridical institutions are not merely a response to crime. The state claims to guarantee our security, yet from our birth, we also belong to it. The criminal trial, a magnifying mirror, reveals our true condition as political subjects.Trade Review"Using practical insights gained over years of observing court cases in Paris, Geoffroy de Lagasnerie elaborates a critical reflection on power, violence, and the penal state. In clear and accessible language, his book makes an original and thought-provoking contribution to our understanding of the judicial system in Western democracies." -- Philippe Marlière * University College London *"This detailed examination of state penal logic provides a trenchant counteroffensive in both language and practice. Along with a critical retooling of sociological inquiry, this groundbreaking work offers an exploration of justice as an institution. Judge and Punish asks the big, penetrating questions that will shape the future of justice systems throughout the Western world." -- Jason S. Sexton * Editor, Boom California *"Lagasnerie opens up possibilities for us to think differently: to escape from the force of current certainties and conventions and to re-envision the stakes of debates about justice, responsibility, crime, and punishment. The revolution he proposes is mental, with neither redistribution of wealth or regime change as prerequisites, but it remains radical. Destabilizing and anti-institutional, this is an important book; its sharp attacks on academic social science and 'expertise' will surely spark reaction, attack, and debate, and with good reason." -- Todd Shepard * Johns Hopkins University *"Departing from venerable theoretical frameworks for comprehending the penal state and its actions, Geoffroy de Lagasnerie observes the contemporary criminal trial as a very different kind of drama, one centered on the violent relationship between the state and those who cannot escape it. A bracing combination of social theory and empirical observation." -- Jonathan S. Simon * Berkeley Law *
£20.39
Oxford University Press Inc On Privacy and Technology
£16.99
Edward Elgar Publishing Ltd Empirical Legal Research: A Guidance Book for
Book SynopsisIn 1788 John Adams created a sublime ambition for all nations - 'a government of laws and not of men'. In the intervening years we have come to learn that legislation itself works through the interpretations of the many men and women who work on the inside and the outside of the law. Effective regulation thus depends not only on scrupulous legal analysis, with its appeal to precedent, conceptual clarity and argumentation, but also on sound empirical research, which often reveals diversity in implementation, enforcement and observance of the law in practice. In this outstanding, worldly-wise book Leeuw and Schmeets demonstrate how to bridge the gap between the letter and the delivery of the law. It is packed with examples, cases and illustrations that will have international appeal. I recommend it to students and practitioners engaged across all domains of legislation and regulation.'- Ray Pawson, University of Leeds, UKEmpirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies and other legal arrangements at play in society. It is invaluable as a guide to legal scholars, practitioners and students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics and empirically informed ethics.The authors present an overview of the roots of this blossoming interdisciplinary domain, going back to legal realism, the fields of law, economics and the social sciences, and also to civilology and evaluation studies. The book addresses not only data analysis and statistics, but also how to formulate adequate research problems, to use (and test) different types of theories (explanatory and intervention theories) and to apply new forms of literature research to the field of law such as the systematic, rapid and realist reviews and synthesis studies. The choice and architecture of research designs, the collection of data, including Big Data, and how to analyze and visualize data are also covered. The book discusses the tensions between the normative character of law and legal issues and the descriptive and causal character of empirical legal research, and suggests ways to help handle this seeming disconnect.This comprehensive guide is vital reading for law practitioners as well as for students and researchers dealing with regulation, legislation and other legal arrangements.Trade Review'In a world increasingly seeking laws that are evidence-based, this book provides a much needed and original approach to empirical legal studies. The book masterfully shows how empirical work is relevant to the law and offers highly accessible guidance on how to do empirical work in law. This book makes indispensable reading for academics, policymakers and practitioners alike.' --Jan M. Smits, Maastricht University, the Netherlands'This thoughtful book provides an excellent guide for lawyers and legislators to empirical research which assumes increasing importance in an evidence-based political and legal economy. Set in the context of a history of empirical research, the authors offer a comprehensive and accessible account of qualitative and quantitative methods, data collection and theory-building infused with practical examples. I strongly recommend this intelligent and informative book.' --Mike McConville, The Chinese University of Hong Kong'Introductory books on ELR are rare, so the arrival of Empirical Legal Research is a welcome addition to this small, yet growing, market. This ambitious project tackles the past, present, and future of ELR in an encompassing guide for doing empirical research. The authors clearly believe that knowledge of ELR will help legal practitioners and policymakers better understand all of the implications of the various forms of evidence presented to them on a daily basis. In turn, this will help them make better decisions for themselves, their colleagues, and society as a whole.' --Alexander J. Jakubow, Law Library JournalTable of ContentsContents: 1. Introducing Empirical Legal Research and Structure of the Book 2. Roots of Empirical Legal Research: A Concise History in 201/4 Pages 3. Research Problems 4. Theories and Empirical Legal Research 5. Research Reviews and Syntheses 6. Research Designs: Raisons D’etre, Examples and Criteria 7. Data Collection Methods 8. Analyzing and Visualizing Quantitative and Qualitative Data 9. Transferring Research Results to Legal Professionals, Utilization and the Fact-Value Dichotomy 10. Empirical Legal Research. Booming Business and Growth of Knowledge Index
£35.10
OR Books The Revolution Will Not Be Litigated: How
Book SynopsisWritten from the maxim “it takes a lawyer, an activist, and a storyteller to change the world", The Revolution Will Not Be Litigated shows how the law and social movements can reinforce each other in the struggle for justice and freedom. In these vibrant narratives, 25 of the world’s most accomplished movement lawyers and activists become storytellers, reflecting on their experiences at the frontlines of some of the most significant struggles of our time. In an era where human rights are under threat, their words offer both an inspiration and a compass for the way movements can use the law – and must sometimes break it – to bring about social justice. The contributors here take you into their worlds: Jennifer Robinson frantically orchestrating a protest outside London’s Ecuadorean embassy to prevent the authorities from arresting her client Julian Assange; Justin Hansford at the barricades during the protests over the murder of Black teenager Mike Brown in Ferguson, Missouri; Ghida Frangieh in Lebanon’s detention centres trying to access arrested protestors during the 2019 revolution; Pavel Chikov defending Pussy Riot and other abused prisoners in Russia; Ayisha Siddiqa, a shy Pakistani immigrant, discovering community in her new home while leading the 2019 youth climate strike in Manhattan; Greenpeace activist Kumi Naidoo on a rubber dinghy in stormy Arctic seas contemplating his mortality as he races to occupy an oil rig. The stories in The Revolution Will Not Be Litigated capture the complex, and often-awkward dance between legal reform and social change. They are more than compelling portraits of fascinating lives and work, they are revelatory: of generational transitions; of epochal change and apocalyptic anxiety; of the ethical dilemmas that define our age; and of how one can make a positive impact when the odds are stacked against you in a harsh world of climate crisis and ruthless globalization. Contributors: Phelister Abdalla, Alejandra Ancheita, Joe Athialy, Baher Azmy, Pavel Chikov, Ghida Frangieh, Njeri Gateru, Mark Gevisser, Robin Gorna, Justin Hansford, Mark Heywood, Benjamin Hoffman, David Hunter, Ka Hsaw Wa, Julia Lalla-Maharajh, Kumi Naidoo, Nana Ama Nketia-Quaidoo, Katie Redford, Jennifer Robinson, Ayisha Siddiqa, Eimear Sparks, Klementyna Suchanov, Marissa Vahlsing, Krystal Two Bulls, David Wicker, Farhana Yamin and JingJing Zhang.Trade Review“The law is no magic bullet when it comes to bringing about change, but if you understand its power as a tool, you can harness it to bring about the change yourself—especially if you do it with others as a movement. In this respect I have found The Revolution Will Not Be Litigated to be transformational.”—Jane Fonda “Every person in this book has spent their lives acting like the house is on fire and responding to the world’s most pressing problems with the urgency they deserve. But more than that, they are offering a roadmap for doing what is often considered to be impossible, but necessary. They are the true leaders that the world needs to listen to and follow.”—Greta Thunberg “These are the lawyers who give my profession a good name! They are also the movement leaders we all need to be listening to. They write with passion, joy and wisdom. The result is a collection of beautiful personal essays by powerful people who have figured out what it takes to shift power and win—often in ‘impossible’ situations and places.”—Van Jones “If you say you want a revolution, this stirring volume teaches what every human rights lawyer learns the hard way: lasting victories are only won through an ‘inside-outside’ game, where lawyers fight in court for what activists fight in the streets. The chapters take you on a dizzying tour d’horizon spanning Black Lives Matter, environmental justice, reproductive rights, global financial accountability, and AIDS action, unfolding on the streets of New York, labor camps in Burma, the Peruvian Amazon, India, Kenya, Xi’s China and Putin’s Russia. The stories are inspiring and the lessons bracing.”—Harold Hongju Koh, former Dean, Yale Law SchoolTable of ContentsSome Personal Reflections on People-Power and Legal Power: A Foreword, by Jane Fonda“It Takes A Lawyer, an Activist and a Storyteller”: An Introduction to this book, by Mark Gevisser Case Study – Human Rights: Doe vs UnocalThe Activist’s Perspective: The Revolution will not be Litigated, by Ka Hsaw WaThe Lawyer’s Perspective: It’s All About Power, by Katie Redford Lawyers on People PowerLawyering, Leadership and Learning Lessons: My Journey in the Black Lives Matter Movement, by Justin HansfordWho Owns The Streets?: The roots of the Movement for Black Lives in New York City’s ‘Stop and Frisk’ Case, by Baher AzmyFive Ways a Legal Strategy Can Help a Movement, by Baher Azmy‘The Law is Too Important to be Left in the Hands of Lawyers Alone’: Protecting Detainees during the Lebanese Uprising, by Ghida FrangiehFrom police torture to surveillance: What it means to be a “human rights lawyer” in Putin’s Russia, Pavel Chikov in conversation with Mark GevisserLaw, Information and Power: On Being Julian Assange’s Lawyer, by Jennifer RobinsonBuilding Spaces of Hope: Working for Indigenous Peoples’ Rights in Mexico, by Alejandra AncheitaThe River Brings Oil: Working for Indigenous Peoples’ Rights in the Peruvian Amazon, by Marissa Vahlsing and Benjamin HoffmanThe Path to Legal Empowerment: Holding China accountable for environmental pollution at home and abroad, by JingJing Zhang.The Decriminalisation of Homosexuality in Kenya, Njeri Gateru in conversation with Mark Gevisser. Case Study – Financial Accountability : The World BankThe Activist’s Perspective: From Narmada to Tata Mundra in India, by Joe AthialyThe Lawyer’s Perspective: Narrative Justice in the Global Financial Accountability Movement, by David Hunter Activists on Legal PowerJonny and Me: Three Decades of Debating ‘The Power of Law’ and ‘The Power of People’ with Jonathan Cooper OBE, by Robin GornaLearning from the South African AIDS Treatment Action Campaign: Rethinking law’s relationship with social justice movements, by Mark HeywoodShe Would Have Reproductive Justice”: A Story from Ireland’s Movement to Repeal the 8th Amendment – and the Ongoing Fight, by Eimear Sparks.The Rule of Law vs Poland’s Repressive ‘Law and Justice’ Regime, Klementyna Suchanow in conversation with Eimear SparksEnding Female Genital Cutting: What About the Law?, by Julia Lalla-Maharajh OBELaw and Stones: Sex Workers’ Rights in Kenya, by Phelister Abdalla A Community, its Abusive Chief, and the Role of the Law: The Story of Nwoase in Ghana, by Nana Ama Nketia-QuaidooStanding Up At Standing Rock: An Indigenous Warrior’s Experience, Krystal TwoBulls in conversation with Mark Gevisser and Katie Redford Case Study – Climate EmergencyThe Lawyer’s Perspective: Why the Climate Emergency Needs Lawyers to Break the Law, by Farhana YaminThe Veteran Activist’s Perspective: From Racial apartheid to Climate apartheid, Kumi Naidoo in conversation with Mark GevisserThe Youth Activist’s Perspective: On Being a Young Brown Woman on the Frontline, by Ayisha SiddiqaThe Conversation: The Youth Climate Justice Movement, David Wicker and others. Rules for Radical LawyersRules for Radical Lawyers: A Practical Primer, by Katie RedfordFrom IRAC to VISTA, by Katie Redford
£17.09
Oxford University Press Discrimination Law Clarendon Law Series
Book SynopsisA challenging, yet highly accessible, introduction to discrimination law which highlights the major issues and asks how the right to equality can be made more effective. This edition includes expanded material on how jurisdictions formulate grounds of discrimination with thematic analysis on topics such as racism, sexism, and LGBTQ+ rights.Trade ReviewReview from previous edition Professor Fredman's treatise on discrimination law is most welcome. Her lucid, practical exposition of the tough concepts and decisions in this field is indispensable to both practitioners and academics who must grapple with its problems. Most importantly, to her whole treatment she brings an illuminating understanding of the values of social justice and human dignity that powerfully underlie laws against discrimination. * Edwin Cameron, Justice of the Constitutional Court of South Africa *Equality law is one of the most difficult areas of modern law, yet Sandra Fredman¹s Discrimination Law is a model of clarity. It untangles the complex theoretical debates underlying discrimination law, gives a lucid account of the legal principles informing equality legislation, including the new Equality Act, and undertakes a careful analysis of relevant UK and European case law. Throughout, the book draws on Indian, South African, Canadian and US discrimination law and jurisprudence to provide rich comparative insights * Kate O'Regan, Judge of the Constitutional Court of South Africa, 1994-2009 *Table of Contents1: Equality: Concepts and Controversies 2: Social Context and Legal Developments: Gender, Race, and Religion 3: Social Context and Legal Developments: Sexual Orientation, Gender Identity, Disability, and Age 4: The Scope of Discrimination Law 5: Legal Concepts: Direct, Indirect Discrimination, and Beyond 6: Challenges and Contestations: Pregnancy and Parenting, Equal Pay, Sexual Harassment, and Duty Of Accommodation 7: Symmetry or Substance: Reversing Discrimination 8: Making Equality Effective: Refashioning Remedies
£48.45
Pan Macmillan Nothing But The Truth: The Memoir of an Unlikely
Book SynopsisThe Sunday Times bestsellerFull of hilarious and shocking stories, the Secret Barrister's memoir Nothing But The Truth tracks their transformation from hang 'em and flog 'em austerity-supporter to celebrated, campaigning, bestselling author.'Masterful, compassionate and hilarious' – Adam RutherfordIn a diary that takes us behind the scenes of their middling ambition, Nothing But The Truth charts an outsider's progress down the winding path towards practising at the Bar. By way of the painfully archaic traditions of the Inns of Court, where every meal mandates a glass of port and a toast to the monarch, and the Hunger Games-style contest for pupillage - which most don't survive - here is the brilliant reality of being a frustrated junior barrister.With a keen eye for the absurd and an obsessive fondness for Twitter, SB reveals the uncomfortable truths and darkest secrets about life in our criminal courts._____‘Words tumble out with extraordinary fluency . . . entertaining and instructive’ – The Times‘Written with compassion, wit and intelligence’ – TLS‘Excellent . . . a cringe-inducing account of one barrister's travails' – The TelegraphNothing But The Truth was a Sunday Times besteller w/c 28.05.23Trade ReviewEntertaining and instructive . . . A gifted writer . . . The Secret Barrister's picaresque journey to barristerhood is served up with large helpings of humour * The Times *Wonderful and insightful . . . With compassion, wit and intelligence, the Secret Barrister shows why is it that any of us plunge into the harrowing depths of criminal law * TLS *Excellent . . . at once a vicious polemic, a helpful primer and a cringe-inducing account of one barrister’s travails * Telegraph *As entertaining as ever in this third foray into the courtroom * Radio Times *Eye-opening. The candour is, at times, breathtaking . . . it is both human and urgent . . . A no-holds-barred book that tells an unvarnished story of a broken system an the people who hold it together * Law Society's Gazette *As compelling and illuminating - and as full of gob-smacking stories - as its predecessors, it is also fascinatingly personal. Anyone thinking of a career in the law should certainly read it * Bookseller *
£10.44
Holo Books The Arbitration Press More Disputes and Differences: Essays on the
Book SynopsisMore Disputes and Differences: Essays on the History of Arbitration and its Continuing Relevance, is the last volume worked on by Derek Roebuck, though not quite completed before his death in 2020. It has, therefore, been prepared for publication by his widow, and sometimes co-author, women's historian Susanna Hoe. It comprises articles, lectures and chapters dating from his 2010 volume Disputes and Differences: Comparisons in Law, Language and History. But, whereas the chapters of that earlier, thematic work were quite disparate, this book, particularly in part 1, 'The Past', encompasses the history of arbitration and mediation from prehistory to the early nineteenth century. What makes this volume particularly interesting is that it is possible, as chapter follows chapter, to deduce which of Derek Roebuck's multi-volume histories he was working on at the time, and what other works he was reading or hearing then. This is illustrated by the last essay in Part 1 - 'A Pinch of Reality: Private Dispute Resolution in 18th Century England (2019)'. Part 2 - 'Past, Present and Future' (2013) - starts with 'The Future of Arbitration' (2013) which embodies just that, ending with 'Keeping an Eye on Fundamentals' (2012). Part 3 - 'Language, Research and Comparison', features works that bow to the author's particular interests and their connection to arbitration and its history. And he had a rule that, where possible, he would suggest what research still needed to be done, hence 'ADR in Business: Topics for Research' (2012). The final chapter - 'Return to that Other Country: Legal History and Comparative Law' (2019) - one of the last pieces written, says it all.
£34.00
Edward Elgar Publishing Ltd Neurodisability and the Criminal Justice System:
Book SynopsisThis thought-provoking book highlights the increasing recognition of the prevalence of neurodisability within criminal justice systems, discussing conditions including intellectual, cognitive and behavioural impairments, fetal alcohol spectrum disorders and traumatic and acquired brain injury. International scholars and practitioners demonstrate the extent and complexity of the neurodisability experience and present practical solutions for criminal justice reform.Examining the growing body of evidence which illustrates the significant over-representation of neurodisability amongst prison and juvenile justice populations, this critical book explores the challenges faced by people with a neurodisability who come into contact with the justice system. These challenges include: difficulty understanding interactions with police, navigating court processes, comprehending sentencing orders, and coping with prison and post-release life, which can lead to repeat victimisation and criminalisation. Overall, this book establishes that justice systems are often unable to meet the specific needs of people with a neurodisability and that there is a significant lack of appropriate support within the community aimed at prevention and diversion.Providing broad interdisciplinary insights, this timely book will prove a vital resource for scholars and students of criminal law, law and society, criminology, neuroscience and social work. It will also be of value to legal practitioners, law enforcement, prison employees and welfare professionals engaged with individuals with a neurodisability.Trade Review‘The overrepresentation of adults and children with neurodisability in our criminal justice systems is an issue that is both hidden and in plain sight. This book shines a light into all the crevices of this issue and points to pathways out of the darkness. It will resonate with anyone with professional involvement in the justice system.’ -- Dr Shelley Turner, Chief Social Worker, Forensicare, Australia‘Neurodisability may profoundly impact upon behaviour and cognition but remains invisible or misunderstood in many legal contexts. This volume is an essential resource for lawyers who represent people with neurodisability, advocates and judges. With rich, interdisciplinary research from international experts, the book addresses access to justice for people with conditions such as acquired brain injury, fetal alcohol syndrome and autism. The authors integrate recent insights on neurodisability with analysis of international legal developments to provide vital, concrete guidance for optimum advocacy. Many, many people and their advocates will benefit from this superb resource.’ -- Professor Kate Diesfeld JD, Auckland University of Technology, New Zealand'Neurodisability and the Criminal Justice System is a worthwhile book that will be very helpful to those who are working in the court system with cases that involve these difficult issues. The chapter authors are first rate and diverse giving a global perspective. It is the first book that should be consulted on the subject.' -- Judge Eugene M. Hyman, Superior Court of California, US, RetiredTable of ContentsContents: Foreword xi PART I UNDERSTANDING AND RESPONDING TO NEURODISABILITY 1 Neurodisability and the criminal justice system: a problem in search of a solution 3 Gaye Lansdell, Bernadette Saunders, Anna Eriksson 2 Neurodisability: A criminal law doctrine that is not pure insanity 14 Amanda Pustilnik 3 A public law model for cognitive-communication risk 34 Joe Wszalek 4 Access to justice and the Convention on the Rights of Persons with Disabilities (CRPD) – an Australian perspective 51 Penelope Weller PART II NEEDS OF YOUNG PEOPLE WITH NEURODISABILITY 5 Dismantling barriers to justice for children affected by neurodisability 73 Frances Sheahan, Nathan Hughes, Huw Williams, Prathiba Chitsabesan 6 Neurodisability and trauma in children and young people in contact with the law 92 Huw Williams, Leigh Schrieff, Nathan Hughes, James Tonks, Prathiba Chitsabesan, Hope Kent 7 Protecting vulnerable child defendants in England and Wales: a house of cards? 111 Shauneen Lambe and Kathryn Hollingsworth 8 Fetal alcohol spectrum disorder and the criminal justice system 136 Hayley Passmore and Sharynne Hamilton PART III RESPONSES TO NEURODISABILITY WITHIN THE CRIMINAL JUSTICE SYSTEM 9 What do lawyers really know about neurodisability? Confusion, obfuscation and dereliction of duty 154 Gaye Lansdell, Bernadette Saunders, Anna Eriksson, Rebecca Bunn 10 Towards dignity: better court pathways for people with lived experience of acquired brain injury 177 Magistrate Pauline Spencer 11 Neurodisability and the ‘revolving’ prison door: an international problem viewed through an Australian lens 196 Anna Eriksson, Bernadette Saunders, Gaye Lansdell 12 An interdisciplinary call for action 214 Bernadette Saunders, Anna Eriksson, Gaye Lansdell Index
£99.00
HarperCollins Publishers Lawfare
Book SynopsisHow Russians, the Rich and the Government Try to Prevent Free Speech and How to Stop Them.ESSENTIAL' Amal ClooneyAUTHORITATIVE' Sir Geoffrey Bindman KCIMPORTANT 'Baroness Helena Kennedy KCCOULD HARDLY BE MORE TIMELY' Alan RusbridgerThe British tradition of free speech is a myth. From the middle ages to the present, the law of defamation has worked to cover up misbehaviour by the rich and powerful, whose legal mercenaries intimidate investigative journalists.Now a new terror has been added through misguided judicial development of the laws of privacy, breach of confidence and data protection, to suppress the reporting of truths of public importance to tell.Drawing upon the author's unparalleled experience of defending journalists and editors in English and Commonwealth courtrooms over the past half-century, the book describes the hidden world of lawfare, in which authors struggle against unfair rules that put them always on the defensive and against a costs burden that runs to millions. Law schools do not teach freedom of speech and judges in the Supreme Court do not understand it.This book identifies and advocates the reforms that will be necessary before Britain can truly boast that it is a land of free speech, rather than a place where free speech can come very expensive.
£10.44
Oxford University Press Forever Prisoners How the United States Made the
Book SynopsisStories of non-US citizens caught in the jaws of the immigration bureaucracy and subject to indefinite detention are in the headlines daily. These men, women, and children remain almost completely without rights, unprotected by law and the Constitution, and their status as outsiders, even though many of have lived and worked in this country for years, has left them vulnerable to the most extreme forms of state power. Although the rhetoric surrounding these individuals is extreme, the US government has been locking up immigrants since the late nineteenth century, often for indefinite periods and with limited ability to challenge their confinement. Forever Prisoners offers the first broad history of immigrant detention in the United States. Elliott Young focuses on five stories, including Chinese detained off the coast of Washington in the late 1880s, an insane Russian-Brazilian Jew caught on a ship shuttling between New York and South America during World War I, Japanese Peruvians kidnapped and locked up in a Texas jail during World War II, a prison uprising by Mariel Cuban refugees in 1987, and a Salvadoran mother who grew up in the United States and has spent years incarcerated while fighting deportation. Young shows how foreigners have been caged not just for immigration violations, but also held in state and federal prisons for criminal offenses, in insane asylums for mental illness, as enemy aliens in INS facilities, and in refugee camps. Since the 1980s, the conflation of criminality with undocumented migrants has given rise to the most extensive system of immigrant incarceration in the nation''s history. Today over half a million immigrants are caged each year, some serving indefinite terms in what has become the world''s most extensive immigrant detention system. And yet, Young finds, the rate of all forms of incarceration for immigrants was as high in the early twentieth century as it is today, demonstrating a return to past carceral practices. Providing critical historical context for today''s news cycle, Forever Prisoners focuses on the sites of limbo where America''s immigration population have been and continue to be held.Trade ReviewA timely, welcome, and innovative addition to the rich scholarship on mass incarceration...[and] immigration....This is an ambitious book, one that deftly incorporates the now rather well-known history of anti-immigrant politics, exclusionary laws and practices, nativist policies, Supreme Court decisions, and foreign entanglements. However, by placing immigrant detention at the center of his work, Young forces readers to grapple with the magnitude of why and how the United States has incarcerated millions of immigrants, as well as the experiences of those who found themselves confined behind bars. Furthermore, by profiling the experiences of immigrants who were housed in hospitals, insane asylums, and charitable establishments, Young includes institutions that might at first glance seem like a part of the history of mental health or philanthropy and not a part of the broader history of immigrant detention. * Kathleen Mapes, American Historical Review *In Forever Prisoners, Elliott Young homes in on case studies of communal and individual detention in the United States from the nineteenth century to the present. He seeks to prove how the country's two vast systems of policing and immigrant detention have been inextricably linked during this entire time period, and not just in recent decades. Over the centuries, the United States has used different places to incarcerate immigrants—prisons, islands, insane asylums, hastily-constructed camps—and maintained an historical and consistent concern about detaining foreigners. * Lori A. Flores, Reviews in American History *Forever Prisoners offers a compelling account of the evolving immigration detention system. With thoughtful sources detailing the lives and voices of non-citizen detainees, the book reads like an intimate account of the world of individuals locked in the oppressive U.S. immigration system and the history that developed it. * Miguel Girón, Southwestern Historical Quarterly *Throughout, Young brings complex legal, institutional, and demographic history to life through individual stories. The book is uniquely situated at the interstice of two subjects that have generated voluminous literature but have been treated separately -- undocumented immigration and mass incarceration ... this moving work humanizes immigration, past and present. * T. Mackaman, CHOICE *Forever Prisoners is a searing indictment of US immigration policy as revealed through case studies of Chinese incarceration at McNeil Island Prison, the imprisonment of immigrants deemed 'insane; during the Progressive Era, the abduction and imprisonment of Japanese-Peruvian citizens by American agents during WW II, the indefinite imprisonment of Cuban Marielito refugees in the 1980s and 1990s, and the criminalization and deportation of undocumented immigrants under the Obama and Trump presidencies....Throughout, Young brings complex legal, institutional, and demographic history to life through individual stories. The book is uniquely situated at the interstice of two subjects that have generated voluminous literature but have been treated separately—undocumented immigration and mass incarceration....This moving work humanizes immigration, past and present. * Choice *An altogether sobering look at a system of punishment founded on racial injustice and going strong. * Kirkus *We have long needed a history of immigrant detention, and Forever Prisoners delivers. Drawing on archival documents as well as his own experience as an expert witness in recent asylum cases, Young brilliantly continues the dismantling of America's 'nation of immigrants' myth and instead shows how our long history of criminalizing migration has led us to build the world's largest system for imprisoning immigrants, a nation of immigrant prisons. This is an essential read for anyone invested in building a more just society. * Erika Lee, author of America for Americans: A History of Xenophobia in the United States *Tightly organized around five compelling case studies, Young explores the broader carceral landscape of prisons, insane asylums, war camps, and detention centers that have caged non-citizens in the United States since the late nineteenth century.Full of surprising historical details and offering important insights drawing from immigration and prison studies, the book makes visible the full human and racial dimensions of this country's immigration policies, and speaks with an urgent voice to contemporary debates surrounding US immigration policy and the carceral state. * Julian Lim, author of Porous Borders: Multiracial Migrations and the Law in the U.S.-Mexico Borderlands *By centering the stories of foreign-born people subjected to imprisonment, Elliott Young's Forever Prisoners demonstrates how this particular detention regime has not only escalated in the past several decades but, more important, grows out of deep roots reaching back to the nineteenth century origins of immigration restriction. Young widens our view of what counts as immigrant detention over time and how the United States has ensnared differently outcast groups into its varied cages — including offshore islands, mental institutions, martial detention camps, and refugee camps, as well detention centers, jails, and prisons. Forever Prisoners is crucial book for anyone interested in the convergence of prison and immigration regimes. * A. Naomi Paik, author of Bans, Walls, Raids, Sanctuary *Table of ContentsAcknowledgments Introduction: Building the Largest Immigrant Detention Regime on the Planet Chapter One: Chinese at McNeil Island Federal Prison in the Late Nineteenth Century Chapter Two: Nathan Cohen, the Man Without a Country Chapter Three: Japanese Peruvian Enemy Aliens during World War Two Chapter Four: "We Have No End." Mariel Cuban Prison Uprising in Oakdale and Atlanta Chapter Five: "A Particularly Serious Crime." Mayra Machado in an Age of Crimmigration Conclusion: Indefinite Detention from Guantanamo, Cuba to Jena, Louisiana Notes Index
£29.24
Oxford University Press, USA Sovereignty of Human Rights
Book SynopsisThe Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.Trade ReviewMacklem offers his readers a well-articulated argument that advances discourse on the subject. He also gives them a fascinating, in-depth review of the origination of workers rights, minority and indigenous rights, the right of self-determination and the right to development, which supports his approach. * Sarah Frost, Israel Law Review *Professor Macklem's book makes a valuable contribution to the existing literature on the role of international human rights law in the international legal order... [his] argument is highly original. * Anna John, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (ZaöRV) *Table of ContentsAcknowledgments ; 1. Field Missions ; Human Rights as Moral Concepts ; Human Rights as Political Concepts ; Human Rights as Legal Concepts ; The Plan of the Book ; 2. Sovereignty and Structure ; Sovereignty and its Exercise ; Between the National and International ; Sovereignty and its Distribution ; 3. Human Rights: Three Generations or One? ; Generations as Chronological Categories ; Generations as Analytical Categories ; Civil and Political Rights as Monitors of Sovereignty's Exercise ; Social and Economic Rights as Monitors of Sovereignty's Exercise ; 4. International Law at Work ; Labor Rights as Instrumental Rights ; Labor Rights as Universal Rights ; Labor Rights and the Structure of International Law ; 5. The Ambiguous Appeal of Minority Rights ; The Moral Ambiguities of Minority Rights ; The Political Ambiguities of Minority Rights ; The Interdependence of Sovereignty and Minority Protection ; 6. International Indigenous Recognition ; Indigenous Territories and the Acquisition of Sovereignty ; Indigenous Recognition and the International Labour Organization ; Indigenous Recognition and the United Nations ; The Purpose of International Indigenous Rights ; 7. Self-Determination in Three Movements ; Self-Determination and the Legality of Colonialism ; The Many Paradoxes of Self-Determination ; Bridging International Law and Distributive Justice ; 8. Global Poverty and the Right to Development ; The Emergence of the Right ; Implementing the Right ; From Global Poverty to International Law ; The Right to Development and the Rise and Fall of Colonialism ; Bibliography ; Index
£84.60
Oxford University Press Inc Predict and Surveil
Book SynopsisPredict and Surveil offers an unprecedented, inside look at how police use big data and new surveillance technologies. Sarah Brayne conducted years of fieldwork with the LAPD--one of the largest and most technically advanced law enforcement agencies in the world-to reveal the unmet promises and very real perils of police use of data--driven surveillance and analytics.Trade ReviewThe book reads like an encyclopedia of big data policing, supported by extremely rich empirical data in each of the coherently organized eight chapters...Grounded in solid fieldwork, this inspiring book provides far more than a case study of the police use of big data surveillance in LAPD. It provokes us to reflect the relationship among technology, policing, and our society. At a time when big data is increasingly penetrating our daily life, this book serves as a wake up call for those who are obsessed with technological solutions for social problems. Anyone interested in policing, big data, surveillance, criminal justice, and social control will benefit from reading this book. * Chen Shi, Asian Journal of Criminology *Predict and Surveil draws compellingly on the tools of ethnography to investigate the tools of big data. It reminds readers that data are inherently social and that ignoring the social processes through which data are collected, analyzed, and deployed risks extreme harms. * American Journal of Sociology *The author got access to observe the Los Angeles Police Department in operation and to see how "predictive policing" that relies on large-scale data collection and analysis actually works in practice. She reports that it opens the door to profiling individuals and neighborhoods, building detailed files on people who are not suspected of a crime, avoiding accountability through the use of outside contractors, increasing bias in sentencing, searching without a warrant, and other backward steps. * World Wide Work *excellent and timely book * Rachel Ferguson, The Library of Economics and Liberty *Table of ContentsAcknowledgements Abbreviations Chapter 1. Introduction: Policing Our Digital Traces Chapter 2. Policing by the Numbers: The Public History and Private Future of Police Data Chapter 3. Dragnet Surveillance: Our Incriminating Lives Chapter 4. Directed Surveillance: Predictive Policing and Quantified Risk Chapter 5. Police Pushback: When the Watcher Becomes the Watched Chapter 6. Coding Inequality: How the Use of Big Data Reduces, Obscures, and Amplifies Inequalities Chapter 7. Algorithmic Suspicion and Big Data: The Inadequacy of Law in the Digital Age Chapter 8. Conclusion: Big Data as Social Appendixes Notes Selected Bibliography Index
£23.37
Oxford University Press Inc The Oxford Handbook of Administrative Justice
Book SynopsisThe Oxford Handbook of Administrative Justice examines the wide range of scholarship exploring the administrative decisions made by public authorities that affect individual citizens and the mechanisms available for the provision of redress. The Handbook identifies and provides a survey of key transnational themes in administrative justice research, considers theoretical and methodological approaches to administrative justice, and provides a view of the future of administrative justice research. One aspect of administrative justice, namely the study of law and administration, is a core component of law school syllabuses and scholarly research around the world. For many public lawyers, this area of study has been focused heavily on legalistic redress systems (e.g. judicial review). Justice against administrations, however, is delivered through a much broader range of mechanisms than legalistic processes alone: fair initial decision-making procedures, internal review systems, ombuds, administrative tribunals/adjudication, and other institutions play a vital role. Despite their importance to modern governance across the globe (and to the lives of individual citizens), these broader aspects of administrative justice have been left relatively neglected and under-researched, and the Handbook represents a groundbreaking achievement in establishing administrative justice research as a vital and discrete area of study. The Oxford Handbook of Administrative Justice will be an essential resource for legal scholars and social scientists wishing to understand the complexity of this important field.Table of ContentsPreface Administrative Justice as a Field of Study Marc Hertogh, Richard Kirkham, Robert Thomas, and Joe Tomlinson Part I Institutions 1. Administrative Decision-Making on the Frontline Richard Martin 2. Internal Review Systems and Administrative Justice Tom Mullen 3. Administrative Adjudication: The United States is the Outlier Jeffrey S. Lubbers 4. Judicial Review and Administrative Justice T.T. Arvind, Simon Halliday, and Lindsay Stirton 5. The Ombud as a Chameleon: A Story of Adaptation to Different Administrative Cultures Richard Kirkham 6. Government Watchdog Agencies and Administrative Justice Anita Stuhmcke 7. Public Inquiries and Administrative Justice Fiona Donson and Darren O'Donovan 8. Oversight of the Administrative Justice System Sarah Nason 9. Delivering Administrative Justice: Implications for System Design Christopher Hodges Part II Social and Political Ideas 10. The Interactions of Administrative Justice and Constitutionalism Aziz Z. Huq 11. The Individual and Administrative Justice Naomi Creutzfeldt 12. Social Justice and Administrative Justice Jackie Gulland 13. Administrative Justice in Authoritarian States Eric C. Ip 14. Administrative Justice in the Transitional States Dacian C. Dragos 15. Rule of Law and Administrative Justice Yseult Marique Part III Socio-Legal Methods and Approaches 16. Historical Approaches to Administrative Justice Mark Hickford 17. Administrative Justice and Empirical Legal Research: Debunking the Ordinary Religion of Legal Instrumentalism Marc Hertogh 18. Models of Administrative Justice Jerry L. Mashaw 19. Administrative Justice in Street-Level Decision-Making: Equal Treatment and Responsiveness Nadine Raaphorst 20. Administrative Justice and Cultures of Rule Application Robert A. Kagan 21. Legal Consciousness and Administrative Justice David Cowan and Rosie Harding Part IV Digitalisation 22. Administrative Justice in a Digital World: Challenges and Solutions Paul Henman 23. Algorithmic Administrative Justice Steven M. Appel and Cary Coglianese 24. Digitalisation and Administrative Justice: An Access to Justice Perspective Lorne Sossin and Darin Thompson 25. Implementing Digitalisation in an Administrative Justice Context Jennifer Raso Part V Frontiers 26. Administrative Justice in the Private Sector Avishai Benish and Jérôme Pélisse 27. Administrative Justice and Codification Cora Hoexter 28. Collective Decision-Making and Administrative Justice Michael Sant'Ambrogio and Adam S. Zimmerman 29. Administrative Justice and Globalisation Giacinto della Cananea 30. The Future of Administrative Justice Michael Adler 31. Directions for Future Research on Administrative Justice Maurice Sunkin and Lee Marsons
£197.84
Oxford University Press Inc Habeas Corpus
Book SynopsisLegal scholar Amanda L. Tyler discusses the history and future of habeas corpus in America and around the world. The concept of habeas corpus--literally, to receive and hold the body--empowers courts to protect the right of prisoners to know the basis on which they are being held by the government and grant prisoners their freedom when they are held unlawfully. It is no wonder that habeas corpus has long been considered essential to freedom. For nearly eight hundred years, the writ of habeas corpus has limited the executive in the Anglo-American legal tradition from imprisoning citizens and subjects with impunity. Writing in the eighteenth century, the widely influential English jurist and commentator William Blackstone declared the writ a bulwark of personal liberty. Across the Atlantic, in the leadup to the American Revolution, the Continental Congress declared that the habeas privilege and the right to trial by jury were among the most important rights in a free society. This Very Short Introduction chronicles the storied writ of habeas corpus and how its common law and statutory origins spread from England throughout the British Empire and beyond, witnessing its use today around the world in nations as varied as Canada, Israel, India, and South Korea. Beginning with the English origins of the writ, the book traces its historical development both as a part of the common law and as a parliamentary creation born out of the English Habeas Corpus Act of 1679, a statute that so dramatically limited the executive''s power to detain that Blackstone called it no less than a second Magna Carta. The book then takes the story forward to explore how the writ has functioned in the centuries since, including its controversial suspension by President Abraham Lincoln during the Civil War. It also analyzes the major role habeas corpus has played in such issues as the World War II incarceration of Japanese Americans and the US Supreme Court''s recognition during the War on Terror of the concept of a citizen enemy combatant. Looking ahead the story told in these pages reveals the immense challenges that the habeas privilege faces today and suggests that in confronting them, we would do well to remember how the habeas privilege brought even the king of England to his knees before the law.Trade ReviewIt is a real achievement to encapsulate and illustrate these various themes and principles so concisely, enabling even the reader without any prior legal knowledge to gain an insight into the nature of what has long been celebrated as this "great palladium of the liberties of the subject". * Trevor Allan, Society *In this elegantly concise and concisely elegant volume, Amanda Tyler introduces readers to the privilege of the 'writ of habeas corpus'—one of the only individual liberties expressly enshrined in the original text of the US Constitution. In a tidy and terrific narrative, Tyler shows not just how an esoteric legal remedy came to be instrumental to the rule of law, but why it is incumbent upon all of us to fight to resurrect its historical role even as contemporary courts increasingly turn their backs. * Stephen I. Vladeck, Charles Alan Wright Chair in Federal Courts, University of Texas School of Law *Table of ContentsLists of Illustrations Acknowledgments Introduction 1: The English origins 2: The limits and potential of habeas corpus 3: Revolution 4: Habeas corpus comes to America 5: Habeas corpus in the early United States 6: Civil war and suspension 7: Reconstruction and expansion of the writ 8: World War II and the demise of the great writ 9: Habeas corpus today Conclusion References Further Reading Index
£9.49
Oxford University Press From Jim Crow to Civil Rights
Trade ReviewMichael J. Klarman's monumental book * undertaking a sweeping exploration of the causes and consequences of all of the Supreme Court's race decisions from Plessy v. Ferguson to Brown vs. Board of Educationis likely to become the definitive study of the Supreme Court and race in the first half of the twentieth century. As a narrative history of the Court's actions on the broad array of constitutional issues relevant to racial equalityfrom criminal procedure to voting rights to desegregationthe book is an invaluable resource.Reviews in American History *Klarman's scholarly text is unique in that it encompasses not only the decision itself, but also the events before and after. * Elaine Cassel, author of The War on Civil Liberties *Of all of the many books published recently on the occasion of Brown's fiftieth anniversary, the most ambitious is Michael J. Klarman's comprehensive history of federal race-relations law from the late nineteenth century until the early 1960s...Klarman's study is a major achievement. It bestows upon its fortunate readers prodigious research, nuanced judgment, and intellectual independence. * Randall Kennedy, The New Republic *Magisterial... * The New York Review of Books *A highly accessible analysis of the interplay between the Supreme Court and U.S. race relations. * Booklist *This luminous study explores the relationship between the Supreme Court and the quest for racial justice.... a sweeping, erudite, and powerfully argued book that, despite its heft, is unfailingly interesting. * Wilson Quarterly *Michael Klarman's authoritative account of constitutional law concerning race * from the late 19th century through the 1960sis brilliant, both as legal interpretation and as social and political history. While the book deals with a wide range of racially charged issuescriminal procedure, peonage, transportation, residential segregation, and voting rightsit focuses with especially keen insights on the Brown v. Board of Education case of 1954. From Jim Crow to Civil Rights is a magisterial accomplishment.James T. Patterson, Bancroft Prize-winning author of Grand Expectations: The United States, 1945-1974 (Oxford, 1996) *Michael Klarman's exhaustively researched study is essential reading for anyone interested in civil rights, the Supreme Court, and constitutional law. Accessible to ordinary readers, students, and scholars, Klarman's book presents a challenging argument that places the Supreme Court's civil rights decisions in their social and political context, and deflates overstated claims for the importance of the Supreme Court's work while identifying carefully the precise contributions the Court made to race relations policy from 1896 through the 1960s. * Mark Tushnet, author of Taking the Constitution Away from the Courts *Pulling together a decade of truly magnificent scholarship, this extraordinary book bids fair to be the definitive legal history of perhaps the most important legal issue of the twentieth century. There is no one from whom I have learned more * and whom I enjoy reading morethan Michael Klarman. This is legal history at its best, and on a panoramic canvas.Akhil Reed Amar, author of The Bill of Rights: Creation and Reconstruction *From Jim Crow to Civil Rights is a bold, carefully crafted, deeply researched, forcefully argued, lucidly written history of law and legal-change strategies in the civil rights movement from the 1880s to the 1960s, and a brilliant case study in the power and limits of law as a motor of social change. Among the hundreds of recent books on the history of civil rights and race relations, Klarman's is one of the most original, provocative, and illuminating, with fresh evidence and fresh insights on practically every page. * Robert W. Gordon, Chancellor Kent Professor of Law and Legal History, Yale University *Michael J. Klarman has written an exhaustive * and according to many reviewers a definitiveaccount of the United States Supreme Court's twentieth-century jurisprudence of race.Law and History Review *Table of ContentsINTRODUCTION; CONCLUSION; NOTES; BIBLIOGRAPHY; INDEX
£23.39
British Academy Understanding Human Dignity Vol. 192 Proceedings of the British Academy
Book SynopsisThe concept of 'human dignity' has become central to politics, law and theology but is little understood. This book presents a wide-ranging collection of edited essays from specialists in law, theology, politics and history and seeks to define the main areas of current debates about the concept in these disciplines.Trade ReviewThe genesis of this truly remarkable collection of essays and papers ... [draws] together a stellar, multidisciplinary group including historians, legal academics, judges, political scientists, theologians and philosophers, to discuss the concept of human dignity from their various disciplinary perspectives ... It is that interdisciplinary flavour which gives the book its greatest strength * David Turner, QC, Ecclesiastical Law Journal *Understanding Human Dignity is a highly recommendable transdisciplinary book, which provides both a good overview and in depth analysis of contemporary debates about dignity. What makes it particularly valuable and enriching is the constant dialogue between theory and practice in mutually illuminating ways, where conceptual analyses of various ways of grounding and approaching dignity interact with analyses of a rich variety of concrete material from law cases or historical cases. * Iben Damgaard, Theologische Literaturzeitung *Table of ContentsPART I: HISTORICAL PERSPECTIVES ; PART II: DIGNITY CRITIQUES ; PART III: THEOLOGICAL PERSPECTIVES ; PART IV: PHILOSOPHICAL PERSPECTIVES ; PART V: JUDICIAL PERSPECTIVES ; PART VI: APPLICATIONS ; PART VII: WAYS FORWARD?
£38.00
Oxford University Press The Right against Rights in Latin America
Book SynopsisFrom President Bolsonaro''s openly racist, misogynist, and homophobic rhetoric in Brazil, to the politicisation of gender ideology leading to the rejection of a peace deal in Colombia and beyond, Latin America is home to right-against-rights movements that have grown in numbers, strength, and influence in recent years. New anti-rights groups are intent on blocking, rolling back, and reversing social movements'' legislative advances by obstructing justice and accountability processes and influencing politicians across the region. The Right against Rights in Latin America contains chapters that empirically explore the breadth, depth, and diversity of a new wave of anti-rights movements in Latin America. It details why they are fundamentally different from previous movements in the region, and perhaps more importantly why it is of vital importance that we study, analyse, and understand them in a global context.Table of Contents1: SIMÓN ESCOFFIER, LEIGH A. PAYNE, AND JULIA ZULVER: Introduction: The Right against Rights in Latin America 2: LEIGH A. PAYNE: The Right against Rights in Latin America: An Analytical Framework 3: VALENTINA SALVI: Families of Perpetrators Mobilising Against Human Rights Trials in Argentina 4: ELIZABETH S. CORREDOR: The Religious Right and Anti-Genderism in Colombia 5: SAMUEL RITHOLTZ AND MIGUEL MESQUITA: The Transnational Force of Anti-LGBTQI Politics in Latin America 6: ANDREZA ARUSKA DE SOUZA SANTOS: 'In the Name of the Family': The Evangelical Caucus and Rights Rollbacks in Brazil 7: GILLIAN KANE, MIRTA MORAGA, AND KIRAN STALLONE: Framejacking Rights Discourse to Undermine Latin American Multilateral Human Rights Institutions 8: SIMÓN ESCOFFIER AND LIETA VIVALDI: Why Anti-Abortion Movements Fail: The Case of Chile 9: NANCY R. TAPIAS TORRADO: The Violent Rollback of Indigenous and Environmental Rights: The Emblematic Case of Lenca Leader Berta Cáceres in Honduras 10: DEBBIE SHARNAK: Opposing Affirmative Action: Covert and Coded Challenges to Racial Equality in Uruguay 11: ANNA KRAUSOVA: Resisting Redistribution with Recognition: A Radical Neoliberal Countermovement in Santa Cruz, Bolivia 12: JULIA ZULVER AND LEIGH A. PAYNE: Righting Rights, Righting Wrongs: Final Reflections
£101.38
Oxford University Press Inc Liars
Book SynopsisWorldwide, people are circulating damaging lies and falsehoods through powerful social media platforms that reach billions. They range from claims that COVID-19 is a hoax to the theory that vaccines cause autism. In Liars, Cass Sunstein argues that free societies must generally allow falsehoods and lies, which cannot be excised from democratic debate. At the same time, governments should regulate specific kinds of falsehoods: those that genuinely endangerhealth, safety, and the capacity of the public to govern itself. Sunstein concludes that government and private institutions, like Facebook and Twitter, currently allow far too many lies, including those that threaten public health and democracy.Trade ReviewThis is a closely argued examination of lying and fake news, mainly in relation to US laws and organisations... He certainly shows it is a complex subject and offers some suggestions on how to deal with our Age of Deception without embracing Orwellian controls and restrictions. * Nigel Watson, Fortean Times *Sunstein has provided an excellent foundation for understanding the possible roles that the legal system and private institutions in the United States can play, bearing in mind, all the while, adherence to the First Amendment. * Clay Calvert, Criminal Law and Criminal Justice Books *A passionate and forceful argument from America's pre-eminent legal scholar that our law ought to do more to protect the public from the harms of falsehood. * Robert Post, Sterling Professor of Law, Yale Law School *An increasing amount of what we hear and read is demonstrably factually false, and the acceptance of falsity has grave consequences for democratic decision-making. Drawing on legal doctrine, psychological research, and an impressive command of the dynamics of modern media, Cass Sunstein offers a sobering explanation of why factual falsity is increasingly prevalent in contemporary public discourse and why American free speech doctrine may do more to exacerbate than alleviate the problem. This book is essential reading in the modern political and media environment. * Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia *An insightful, balanced, and readable book, by one of America's leading legal scholars — whether you ultimately agree with its suggestions or not, you will learn much from its analysis. * Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law *Table of ContentsChapter 1: Lies and Falsehoods Chapter 2: A Framework Chapter 3: Ethics Chapter 4: Stolen Valor Chapter 5: Truth Chapter 6: Falsehoods Fly Chapter 7: Your Good Name Chapter 8: Harm Chapter 9: Truth Matters Appendix: Excerpts from Policies of Facebook, Twitter, and YouTube Acknowledgments
£18.89
Oxford University Press Inc Race and National Security
Book SynopsisOn both a national and global stage we are witnessing a reckoning on issues of racial justice. This historical moment that continues to unfold in the United States and elsewhere also creates an opening to spark and revitalize debate and policy changes on a range of crucial topics, including national security. By surfacing the depths to which White hegemonic power influences our institutions and cultural assumptions, we gain more accurate understanding of how race manifests in national security domestically, transnationally, and globally.In Race and National Security, leading experts challenge conventional interpretations of national security by illuminating the underpinning of White supremacy in our social consciousness. The volume centers the experience of those who have long been on the receiving end of racialized state violence. It finds that re-envisioning national security requires more than just reducing the size and scope of the security state.Contributors offer visions for reforming and transforming national security, including adopting an abolitionist framework. Race and National Security invites us to radically reimagine a world where the security state does not keep Black, Brown, and other marginalized peoples subordinated through threats of and actual incarceration, violence, torture, and death. Race and National Security is a groundbreaking volume which serves as a catalyst for remembering, exposing, and reconceiving the role of race in national security.The Just Security book series from OUP tackles contemporary problems in international law and security that are of interest to a global community of scholars, policymakers, practitioners, and students. With each volume taking a particular thematic focus and gathering leading experts, the series as a whole aims to rigorously and critically reflect on developments in these areas of law, policy, and practice. Each volume will be accompanied by a series of shorter digital pieces in Just Security''s online forum at www.justsecurity.org, which tie the discussion to breaking news and headlines.Table of ContentsPreface List of Contributors Acknowledgments I. Introduction - Confronting the Color Line in National Security, Matiangai Sirleaf II. Why Race & National Security? 1. Beyond Color-Blind National Security Law, James Gathii 2. "Viral Convergence": Interconnected Pandemics as Portal to Racial Justice, Catherine Powell 3. National Security Law and the Originalist Myth, Aziz Rana III. Race & the Scope of National Security 4. Black Security and the Conundrum of Policing, Monica Bell 5. Carceral Secrecy and (In)Security, Andrea Armstrong 6. The Border Called My Skin, Jaya Ramji-Nogales IV. Race & the Boomerang Effect of National and Transnational Security 7. Militarized Biometric Data Colonialism, Margaret Hu 8. Extending the Logic of Defund to America's Endless Wars, Asli Bâli 9. Extrajudicial Executions from the United States to Palestine, Noura Erakat V. Comparative and International Perspectives on Race & National Security 10. Racial Transitional Justice in the United States, Yuvraj Joshi 11. Black Guilt, White Guilt at the International Criminal Court, Rachel López 12. The UN Cannot Rest on Past Laurels: The Time for Courageous Leadership on Anti-Black Racism is Now, Adelle Blackett VI. Conclusion - Reforming, Transforming and Radically Imagining National Security, Matiangai Sirleaf
£30.43
Oxford University Press Inc The Myth of the Community Fix Inequality and the
Book SynopsisTrade ReviewThe Myth of the Community Fix takes its reader deep into the guts of youth criminal reform that transfers justice to counties which in turn subcontract it to private foundations and operators. We discover how, in the name of "reform," administrative devolution translates into increased punishment, reduced rights, continuing abuse, and public irresponsibility while reinforcing individualized conceptions of crime. Cate makes an original contribution to the sociology of the penal state that is sure to stimulate further research and public debate. * Loïc Wacquant, author of Punishing the Poor and The Invention of the "Underclass" *The Myth of the Community Fix is a crucial and timely intervention in the criminal justice reform conversation in the United States. Cate uniquely analyzes juvenile justice policy alongside trends in the US political economy. The case studies of popular bipartisan reforms in California, Pennsylvania, and Texas reveal that our long-term disinvestment in public goods leads local governments and community-based organizations to maintain or expand carceral capacity in the name of reform. This book challenges anyone concerned about mass incarceration to craft solutions that disrupt punitive political culture rather than reinforce the status quo. * Heather Schoenfeld, author of Building the Prison State *Sarah Cate's rich analysis shows how the community-control movement in juvenile justice reproduced the same problems of state-based institutions, but with even less political accountability. Situating juvenile justice reform within transformations in American political economy, such as privatization and welfare retrenchment, Cate reveals that devolution of juvenile institutions from state to county level control has been part of, not an alternative to, divestment from the public sector. This book is a devastating indictment of community-control models and a call to action for meaningful investment in public goods. * Lisa Miller, author of The Myth of Mob Rule *It is recommended for libraries serving departments of political science, social work, and sociology. * Choice *Table of ContentsIntroduction: The Limits of the Community-Based Reform Movement: Evidence from Pennsylvania, California and Texas Chapter 1: Abandoning Public Goods: The Turn to Community in the Context of Inequality Chapter 2: Devolution, Not Decarceration: Expanding Punishment Closer to Home Chapter 3: Privatizing Punishment: Consequences of Foundation-Led Policymaking Chapter 4: The Individual Focus: The Limits of Behavioral Solutions to Structural Problems Chapter 5: Still Punitive: Rationalizing Punishment for the 'Worst of the Worst' Conclusion: Bringing Public Goods Back In References Index
£19.94
Oxford University Press Shaping the Normative Landscape
Book SynopsisShaping the Normative Landscape is an investigation of the value of obligations and of rights, of forgiveness, of consent and refusal, of promise and request. David Owens shows that these are all instruments by which we exercise control over our normative environment. Philosophers from Hume to Scanlon have supposed that when we make promises and give our consent, our real interest is in controlling (or being able to anticipate) what people will actually do and that our interest in rights and obligations is a by-product of this more fundamental interest. In fact, we value for its own sake the ability to decide who is obliged to do what, to determine when blame is appropriate, to settle whether an act wrongs us. Owens explores how we control the rights and obligations of ourselves and of those around us. We do so by making friends and thereby creating the rights and obligations of friendship. We do so by making promises and so binding ourselves to perform. We do so by consenting to medicTrade ReviewShaping the Normative Landscape is bound to shape the philosophical landscape, by contributing to particular philosophical debates and by introducing a new and exciting proposal about how we should understand our normative environment. * Alida Liberman, Ethics *Shaping the Normative Landscape does two important things. First, it shows how these two general approaches can be reconciled. Second, it shows that some intractable difficulties across a wide range of normative phenomena have both an underlying unity and elegant solution. More importantly, the solution itself is intuitively appealing. * Erin Taylor, Notre Dame Philosophical Reviews *Changes one's view of an important subject. * Allan Gibbard, The Times Literary Supplement *ambitious, instructive and sophisticated * Gerald Lang, Analysis *Table of ContentsINTRODUCTION; PART ONE: INTERESTS; PART TWO: POWERS; PART THREE: PRACTICES
£31.94
OUP Oxford A History of Policing in England and Wales from 1974
Book SynopsisFocusing on a time of profound social and political change, this book offers a detailed and engaging history of policing, covering the key themes of social stability, professionalisation and police reform, as well as the major events between 1974 and 2008 such as the Miners' Strike of 1984.Trade Reviewfacinating reading, offering a perspective on contemporary social history that is almost unique, the book is a boon to researchers in this field as well as general readers. * Phillip Taylor MBE, Richmond Green Chambers *Brain's subtle and considered professional overview of the police and its practices over 35 years directly confronts some of the most challenging scenes of the rule of law in a modern democracy and the relationship of the police with politicians, the media and the public. * The Times The Review May 2010 *Table of ContentsI. 1974 ; II. The Struggle for Stability: 1975-1979 ; III. Fracture: 1980-1985 ; IV. 'A bloody good hiding': 1985 ; V. Nadir: 1986-1989 ; VI. The Crucible of Recovery: 1989-1990 ; VII. Police Reform 1 - the Conservatives: 1991-1993 ; VIII. Police Reform 2 - the Conservatives: 1993-1997 ; IX. New Labour and the police: 1997-2001 ; X. Police reform revived: 2001-2005 ; XI. Damocles unbound: 2005-2007 ; XII. A tale of two winters: 2007-2009 ; XIII. Reflection
£51.30
Oxford University Press Poor Justice How the Poor Fare in the Courts
Book SynopsisPoor Justice: How the Poor Fare in the Courts provides a vivid and informative account of what happens when the legal system decides cases in areas crucial to the poor''s economic and social well-being, including government benefits, child welfare, homelessness, the mental health system, education, and the criminal justice system. Drawing from court room observations, court decisions and supplementary legal and case materials, this book spans the street level justice of administrative hearings and lower courts (where people plead for welfare benefits or for a child not to be taken away), the mid-level justice of state courts (where advocates argue for the right to shelter for the homeless and for the rights of the mentally disabled), and the high justice of the Supreme Court (where the battle for school integration hPoor Justice: How the Poor Fare in the Courts provides a vivid portrait and appraisal of how the lives of poor people are disrupted or helped by the judicial system, from the lowest to the highest courts. Drawing from court room observations, court decisions, and other material, this book spans the street level justice of administrative hearings and lower courts (where people plead for welfare benefits or for a child not to be taken away), the mid-level justice of state courts (where advocates argue for the right to shelter for the homeless and for the rights of the mentally disabled), and the high justice of the Supreme Court (where the battle for school integration has represented a route out of poverty and the stop and frisk cases illustrate a route to greater poverty, through the mass incarceration of people of color). Poor Justice brings readers inside the courts, telling the story through the words and actions of the judges, lawyers, and ordinary people who populate it. It seeks to both edify and criticize. Readers will learn not only how courts work, but also how courts sometimes help - and often fail - the poor.as represented a route out of poverty). Poor Justice brings readers inside the courts, telling the story through the words and actions of the judges, lawyers, and ordinary people who populate it. It seeks to both edify and criticize. Readers will learn not only how courts work, but also how courts sometimes help, but often fail, the poor.Trade ReviewPoor Justice is one of those rare books that is not only a riveting read, but also makes an important scholarly contribution. Vicki Lens's clear and engaging writing provides readers with a sobering analysis of how marginalized groups fare in the U.S. legal system. As a former legal services lawyer and social scientist, Vicki Lens shares an insider's knowledge with an outsider's critical eye. * Corey Shdaimah, PhD, LLM, Associate Professor, University of Maryland School of Social Work *Lens draws upon her rich experiences as a lawyer, social worker, and ground-level researcher to illuminate the daily experiences of people without income in the courts. Like almost no one else, she knows unglamorous but essential corners of law, including welfare hearings, commitment proceedings for people with mental disabilities, and family courts. This text is a fine primer on law for the poor - and on the uses and limits of all kinds of law. * Felicia Kornbluh, PhD, MA, Director of Gender, Sexuality, and Women's Studies and Associate Professor of History, University of Vermont *Vicki Lens provides an insider's human perspective on how the courts can in fact work for the least advantaged in our society. Poor Justice deftly combines ethnographic detail of courtroom drama with legal analysis and political critique. It makes for compelling reading and important scholarship about how the courts do indeed offer some basis for hope. This book deserves wide readership by students, scholars, policymakers, and citizens alike. * Sanford Schram, PhD, MA, Professor of Political Science, Hunter College, CUNY *Professor Lens has written a scholarly and immensely readable analysis of justice - actually the lack of justice - for poor Americans. It is a powerful and irresistible call to action. * Robert Hayes, JD, Founder, National Coalition for the Homeless; President and CEO, Community Healthcare Network *Table of ContentsIntroduction Part I: Street Level Justice One: The Rules of Engagement Two: Welfare Fair Hearings Three: Child Maltreatment Proceedings Four: The Justice of Street Level Justice Part II: Justice for the Many: Social Reform Litigation Five: Courts as a Catalyst for Social Change Six: Protecting or Coercing Persons with Mental Disabilities Seven: Legal Advocacy for the Homeless Eight: The Justice of Social Reform Litigation Part III: High Justice: The Supreme Court Nine: The Supreme Court Ten: Race, Education and the Constitution Eleven: Criminal Justice and Racial Profiling Twelve: The High Justice of the Supreme Court Conclusion References Index
£46.80
Oxford University Press Law as a Social System
Book SynopsisModern systems theory provides a new method for the analysis of society through an examination of the structures of its communications. In this volume, Niklas Luhmann, the theory''s leading exponent, explores its implications for our understanding of law.Luhmann argues that current thinking about how law operates within a modern society is seriously deficient. He lays out the theoretical and methodological tools that, he argues, can advance our understanding of contemporary society and in particular of the identity, performance, and function of the legal system within that society. In systems theory, society is its communications: they are its empirical reality; the items that can be observed and studied. Systems theory identifies how communications operate within a physical world and how different sub-systems of communication operate alongside each other.In this volume, Luhmann uses systems theory to address a question central to legal theory: what differentiates law from other socialTable of ContentsPreface ; Introduction ; 1. The Location of Legal Theory ; 2. The Operative Closure of the Legal System ; 3. The Function of Law ; 4. Coding and Programming ; 5. Justice: a Formula for Contingency ; 6. The Evolution of Law ; 7. The Position of Courts in the Legal System ; 8. Legal Argumentation ; 9. Politics and Law ; 10. Structural Couplings ; 11. The Self-description of the Legal System ; 12. Society and its Law ; Index
£53.55
OUP Oxford A Future for Policing in England and Wales
Book SynopsisEncapsulating new policing developments under the Coalition, this book examines the major reform proposals and reports brought in since May 2010, including the Winsor Report, and analyses what these changes mean for the future of policing in England and Wales.Trade ReviewThere is much to be gained from a close reading of Brain's book, not least a deeper understanding of the contours of recent developments in policing in recent decades. As a former chief constable with academic credentials, Brain writes with authority and insider status. The certainty that characterises many senior police officers is evident, balanced with academic rigour and good style. The book, I predict, will be valued as much as a history and analysis of the present as a forecast of possible futures. * Rob C. Mawby, The Howard Journal of Criminal Justice *Table of Contents1. Policing 2010: Labour's legacy ; 2. 'The Big Society': Conservative Political Philosophy and its Implications for Policing ; 3. Where Did it Go Wrong? The Police and the Conservatives ; 4. Armageddon or Necessary Readjustment: Police Finances and the Coalition ; 5. Reform or Politicization? The Coalition and Police Constitutional Change ; 6. The New Police Landscape: Pay, Conditions and Pensions ; 7. The New Police Landscape: Organization ; 8. The Policing Environment: Politics, Society, Economics and their Implications for Policing ; 9. Operational Policing: Crime, Antisocial Behaviour, Disorder and Confidence ; 10. A Future for Policing?
£41.32
Oxford University Press The Idea of Labour Law
Book SynopsisLabour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the informal sector. These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent yeTrade ReviewThe idea of labour law features 25 contributions from 29 leading experts in the field who challenge, in different ways, the way we think about labour law. All of the chapters are informative and thought-provoking. Several are outstanding...Following a useful introduction by the editors, the books successive chapters provide a wealth of information and analysis. * Anne Trebilcock, International Labour Review *The Idea of Labour Law is something too important to be left to lawyers alone; so I hope this edited collection is read by a wide audience in employment relations. * Aaron Rathmell (Barrister) Journal of Industrial Relations *This book, of twenty-five chapters by thirty authors, is packed with information, insight, argument, and angst. These chapters variously cry grief and despair, call for fundamental reformulation, suggest a less radical range for adaptation and growth, or express sobering cautions even as they echo the last suggestion. * Matthew W. Finkin, Comparative Labour Law & Policy Journal *Table of ContentsUnderstanding Labour Law: A Timeless Idea, a Timed-Out Idea, or an Idea Whose Time has Now Come? ; THE IDEA OF LABOUR LAW IN HISTORICAL CONTEXT ; 1. Labour Law After Labour ; 2. Factors Influencing the Making and Transformation of Labour Law in Europe ; 3. Re-Inventing Labour Law? ; 4. Hugo Sinzheimer and the Constitutional Function of Labour Law ; 5. Global Conceptualizations and Local Constructions on the Idea of Labour Law ; 6. The Idea of the Idea of Labour Law: A Parable ; NORMATIVE FOUNDATIONS OF THE IDEA OF LABOUR LAW ; 7. Labour Law's Theory of Justice ; 8. Labour as a 'Fictive Commodity': Radically Reconceptualizing Labour Law ; 9. Theories of Rights as Justifications for Labour Law ; 10. The Contribution of Labour Law to Economic and Human Development ; NORMATIVE FOUNDATIONS AND LEGAL IDEAS: RETHINKING EXISTING STRUCTURES ; 11. Re-Matching Labour Laws with Their Purpose ; 12. The Legal Characterization of Personal Work Relations and the Idea of Labour Law ; 13. Ideas of Labour Law - Views From the South ; 14. Informal Employment and the Challenges for Labour Law ; 15. The Impossibility of Work Law ; 16. Procurement Law to Enforce Labour Standards ; 17. Labor Activism in Local Politics: From CBAs to 'CBAs' and Beyond ; NEW LABOUR LAW IDEAS: RETHINKING EXISTING BOUNDARIES ; 18. The Broad Idea of Labour Law: Industrial Policy, Labour Market Regulation, and Decent Work ; 19. The Third Function of Labor Law: Distributing Labor Market Opportunities Among Workers ; 20. Beyond Collective Bargaining: Modern Unions as Agents of Social Solidarity ; 21. From Conflict to Regulation: The Transformative Function of Labour Law ; NEW IDEAS OF LABOUR LAW FROM AN INTERNATIONAL PERSPECTIVE ; 22. Out of the Shadows? The Non-Binding Multilateral Framework on Migration (2006) and Prospects for Using International Labour Regulation to Forge Global Labour Market Membership ; 23. Flexible Bureaucracies in Labor Market Regulation ; 24. Collective Exit Strategies: New Ideas in Transnational Labour Law ; 25. Emancipation in the Idea of Labour Law: Commoditization, Resistance and Distributive Justice beyond borders
£114.75
The University of Chicago Press The Perils of Global Legalism
Book SynopsisDemonstrates that the weaknesses of international rule of law confound legalist ambitions - and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests.Trade Review"Posner has provided an intellectual history of a concept, 'legalism,' as well as what could be considered the sociology of a profession." (Journal of International Law and Politics) "A spirited attack on 'excessive faith in the efficiency of international law.' " (Foreign Affairs)"
£33.36
The University of Chicago Press The Perils of Global Legalism
Book SynopsisDemonstrates that the weaknesses of international rule of law confound legalist ambitions - and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests.Trade Review"Posner has provided an intellectual history of a concept, 'legalism,' as well as what could be considered the sociology of a profession." (Journal of International Law and Politics) "A spirited attack on 'excessive faith in the efficiency of international law.' " (Foreign Affairs)"
£20.00
The University of Chicago Press Lawyers of the Right Professionalizing the
Book SynopsisA portrait of the lawyers who serve the diverse constituencies of the conservative movement. It explains what unites and divides lawyers for the three major groups - social conservatives, libertarians, and business advocates - that have coalesced in decades behind the Republican Party.Trade Review"Presenting her subjects straightforwardly, without making judgments about the issues that they and their organizations support, Ann Southworth rejects the notion that the lawyers for the right are less deserving than lawyers for the left of the 'cause lawyer' title. The topic is fascinating. Southworth's portraits and analyses of the various parties, especially the mediators of the Federalist Society and the Heritage Foundation, are illuminating. And the tone is just right." - Bryant Garth, Southwestern Law School"
£80.00
The University of Chicago Press Lawyers of the Right Professionalizing the
Book SynopsisA portrait of the lawyers who serve the diverse constituencies of the conservative movement. It explains what unites and divides lawyers for the three major groups - social conservatives, libertarians, and business advocates - that have coalesced in recent decades behind the Republican Party.Trade Review"Presenting her subjects straight-forwardly, without making judgments about the issues that they and their organizations support, Ann Southworth rejects the notion that the lawyers for the right are less deserving than lawyers for the left of the 'cause lawyer' title. The topic is fascinating. Southworth's portraits and analyses of the various parties, especially the mediators of the Federalist Society and the Heritage Foundation, are illuminating. And the tone is just right." - Bryant Garth, Southwestern Law School"
£24.00
University of Chicago Press Failing Law Schools
Book SynopsisOn the surface, law schools today are thriving. Enrollments are on the rise, and their resources are often the envy of every other university department. Yet behind the flourishing facade, law schools are failing abjectly. This resource is suitable for assessing what's wrong with law schools and figuring out how to fix them.Trade Review"Even those who disagree with Brian Z. Tamanaha and challenge his analyses will be participating in a conversation shaped by his contentions. Failing Law Schools presents a comprehensive case for the negative side of the legal education debate, and I am sure that many legal academics and every law school dean will be talking about it." (Stanley Fish, Florida International University College of Law)"
£30.45
McGill-Queen's University Press Putting Trials on Trial
Book SynopsisTrade Review"Elaine Craig offers a compelling, timely, and empirically rigorous indictment of Canadian legal professionals for their collective failure to act lawfully and ethically towards complainants in sexual assault cases." Canadian Journal of Law & Society"This thorough and convincing book should be required reading for students and practitioners of criminal law and for the law societies that govern professional conduct. It will be a useful resource for feminists concerned about the treatment of women in sexual assault trials and the psychology professionals who deal with the aftermath suffered by victims." Quill & Quire"Putting Trials on Trial: Sexual Assault and the Failure of the Legal Profession - a rigorous and damning indictment of the justice and legal systems' handling of sexual-assault cases in Canada - was finished before the #MeToo and #TimesUp movements seized national headlines. But it is arguably now more relevant than ever. For actors in and outside the legal profession, there is no shortage of answers in Craig's excoriating study. This book will undoubtedly generate controversy as it delivers a verdict upon the Canadian legal system: guilty." The Globe and Mail
£26.99
Yale University Press Bedouin Law from Sinai and the Negev
Book SynopsisA comprehensive study of Bedouin law, including oral, pre-modern law. It shows how a nomadic desert-dwelling society provides for its own law and order in the traditional absence of any centralized authority or enforcement agency to protect it.Trade Review“Clinton Bailey is an extraordinary master of Bedouin culture, bringing to us the beauty of Bedouin poetry and way of life. Now he has turned to a subject of equal fascination: Bedouin law, fashioned from the traditions of nomadic life and a keen sense of justice. Bailey’s book has deep meaning for anyone interested in distant cultures and in how the concept of law develops in a society.”—Anthony Lewis, author of Freedom for the Thought That We Hate: A Biography of the First Amendment -- Anthony Lewis“Bailey confronts a central issue in Bedouin life: the ability to survive without a government and maintain legal traditions that contribute to social stability. There is no other comprehensive study in English that analyzes this phenomenon as thoroughly as Bailey’s.”—Ernest S. Frerichs, Brown University -- Ernest S. Frerichs"Bailey's book is not only original, but extremely important, as it broadens the range of literature available on the Bedouin."—Benjamin Saidel, East Carolina University -- Benjamin Saidel
£60.03
Yale University Press Lawtalk
Book SynopsisNot just for lawyers, these illuminating histories of popular law-related expressions will delight anyone fascinated by words, by history, or by law and law enforcementTrade Review"Lawtalk combines enormous erudition with loads of levity-the result being a compulsively browsable book that will leave readers wordly-wise."—Bryan A. Garner, President, LawProse, Inc., Editor in Chief, Black's Law Dictionary -- Bryan A. Garner"A genuine contribution in an area where precious little exists. Extraordinarily original and of even more extraordinary scholarship, truly erudite, researched and sourced. I would run to buy it." --Roger Newman, editor of The Yale Biographical Dictionary of American Law. -- Roger Newman“This imaginative book will enlighten and amuse not only lawyers, but anyone who thinks about law, talks about law, or has to deal with law—that is to say, all of us,”—Linda Greenhouse, author of Becoming Justice Blackmun -- Linda Greenhouse"The language of the law is endlessly colorful, sometimes quite literally so: think of blue laws, green cards, blackmail and white-shoe firms. Finally we have an authoritative reference for all these terms and many more, written in a highly engaging style. Even if you're a shyster who couldn't indict a ham sandwich, at least now you'll know where those expressions came from."—Ben Zimmer, executive producer of VisualThesaurus.com and Vocabulary.com. -- Ben Zimmer“Lawtalk is not just entertaining, but also quite educational. Lawyers, judges, and lay people interested in the workings of the legal system can learn a great deal from it,”—Peter Tiersma, Loyola Law School, Los Angeles. -- Peter Tiersma“Well-researched and entertaining...a skillful mix of scholarship and readability...extensively documented with social, cultural, historic, and, of course, legal sources.”—Joan Pedzich, Library Journal -- Joan Pedzich * Library Journal *"Lawtalk is serious scholarship . . . leavened with wry wit and a snappy style of writing that keeps one turning pages both to discover more and to smile more."—JoAnn Baca, The Federal Lawyer -- JoAnn Baca * The Federal Lawyer *"Elegant, deliciously detailed, and authoritative . . . demonstrate[s] that learning can be fun."—Glenn C. Altschuler, Huffington Post -- Glenn C. Altschuler * Huffington Post *“Lively and entertaining . . . fascinating . . . a gem of a book . . . well-documented and well-researched . . . Lawtalk yields a multitude of interesting and amusing tidbits.”—Donna M. Fisher, AALL Spectrum (American Association of Law Libraries) -- Donna M. Fisher * AALL Spectrum *“Insightful and entertaining”—Spartanburg Herald Journal * Spartanburg Herald Journal *“Fun and well-researched.”—Howard Shapiro, Philadelphia Inquirer -- Howard Shapiro * Philadelphia Inquirer *"A group of distinguished professorial lawyers . . . tell us the history and meaning of lawyer talk.”—Jacob Stein, Washington Lawyer * Washington Lawyer *"Very well researched and comprehensive. . .The history behind each phrase is fascinating. . .Provides an enlightening insight into the countless pieces of ‘legalese’ to which we are all exposed daily, but have had little reason to question - until now."—Law Actually blog * Law Actually blog *“[Lawtalk] would be a treasured newcomer to any bookshelf and provides an enlightening insight into the countless pieces of ‘legalese’ to which we are all exposed daily, but have had little reason to question - until now.”—Law Actually * Law Actually *“Insightful . . . [and] as entertaining as it is enlightening.”—John G. Browning, Southeast Texas Record -- John G. Browning * Southeast Texas Record *"A witty, informative collection . . . In a refreshingly candid manner, Lawtalk explores race, gender, and class issues associated with the evolution of commonly used phrases . . . Amusing, enlightening, and authoritative, this well-researched mini-reference is something readers will return to repeatedly."—Danielle Ochs-Tillotson, California Lawyer * California Lawyer *“Lawtalk stands apart from many popular works on word origins for the academic rigor underpinning its accessibility.”—Rebecca Shapiro, Dictionaries: Journal of the Dictionary Society of North America -- Rebecca Shapiro * Dictionaries: Journal of the Dictionary Society of North America *
£53.00
Taylor & Francis Text Cases and Materials on Contract Law
Book SynopsisWritten by leading authors in the field, this clear and highly accessible volume provides full coverage of the topics commonly found in the contract law syllabus, alongside up-to-date illustrative case examples and stimulating commentary.Composed of approximately one-quarter authorsâ commentaries and three-quarters cases and materials, including academicsâ articles and extracts from books and Law Commission papers, this book takes account of a variety of theoretical perspectives, including economic, relational and empirical conceptions of the law.This book facilitates the development of personal study skills and encourages readers to engage with the leading academic commentaries in the area. Features to support your learning include: chapter introductions to highlight the salient features under discussion and signpost topics to guide readers through this comprehensive text; additional reading listed at the end of each chapter to asTrade Review"Lucid, comprehensive and authoritative; a truly exceptional exposition of the modern law of contract. Stone and Devenney illuminate the theory and practice of modern contract law and unpack the future challenges faced in this area with style, poise and assurance." Mel Kenny (Dr. iur.), Pro-Rector. Professor candidate, Comparative Contract and Commercial Law. Competition Law and State Intervention, Riga Graduate School of Law "Stone and Devenney's Text, Cases and Materials on Contract Law provides an excellent balance between explanatory text and extracts from key cases, which enables students to master the depths of contract law. Additionally, extracts from academic writings encourage critical reflection on the current state of the law. It is clearly written and has a structure that allows students to develop their knowledge and critical understanding of contract law." Professor Christian Twigg-Flesner, Professor of International Commercial Law at the University of Warwick, Editor (Law), Journal of Consumer Policy, Associate Academic Fellow (Inner Temple) "Highly popular with lecturers and students of contract law for over a decade, Stone and Devenney combine primary and second materials with substantial commentary enabling students to engage deeply with the principles and practices of modern contract law." Fidelma White, Senior Lecturer, University College Cork (UCC) "There are many good contract law textbooks, but undergraduate module leaders should seriously consider adopting this one. The book opens with an ambitious and clear setting out of some of the main themes in contract theory and the clarity continues throughout. This book will support weaker students and inspire the very able." Anthony Rogers, Senior Lecturer, City, University of London Table of Contents1. Introduction; 2. Forming the agreement; 3. Consideration and other tests of enforceability; 4. Intention to create legal relations; 5. Privity; 6. Contents of the contract; 7. Clauses excluding or limiting liability; 8. Misrepresentation; 9. Mistake; 10. Duress; 11. Undue influence; 12. Frustration; 13. Illegality; 14. Discharge by performance or breach; 15. Remedies
£45.99
Taylor & Francis Learning Legal Skills and Reasoning
Book SynopsisLanguage skills, study skills, argument skills and the skills associated with dispute resolution are vital to every law student, professional lawyer and academic. The 5th edition of Learning Legal Skills and Reasoning draws on a range of areas of law to show how these key skills can be learnt and mastered, bridging the gap between substantive legal subjects and the skills required to become a successful law student. The book is split into four sections: Sources of law: Including domestic, European and international law. Working with the law: Featuring advice on how to find and understand the most appropriate legislation and cases. Applying your research: How to construct a legal argument, answer a problem question and present orally (mooting). Skills for solving disputes: From negotiation to mediation and beyond. Packed full of practical examples andTable of ContentsPart 1: Sources of Law; 1. Domestic legislation; 2. Domestic case law; 3. European and international law; 4. Human rights; Part 2: Working with the Law; 5. General study skills; 6. Finding material; 7. Reading and understanding domestic legislation; 8. Reading and understanding cases; Part 3: Applying your Research; 9. Constructing an argument; 10. Writing law essays (including referencing); 11. Answering legal problem questions; 12. Oral presentations and mooting; 13. Examinations; Part 4: Skills for Resolving Disputes; 14. Negotiation skills; 15. Mediation; 16. Drafting skills
£43.99
Taylor & Francis Ltd Public Law
Book SynopsisPublic Law guides students through all the essential components of the Public Law module, in a user-friendly structure that is ideal for visual learners. Written by an experienced teacher of Public Law, the book takes an accessible and engaging approach to often complex areas of law, politics and the constitution. Incorporating recent developments, academic debate and commentary, the book introduces students to all the key concepts of this core subject. The text is grounded in context, explaining how Public Law operates in practice, and it thoroughly covers the spectrum of Constitutional Law, Human Rights and Administrative Law.Integrated pedagogic features ease navigation of the text and reinforce key points. These include Public Law in Context, Recent Developments, Public Law in Practice, Practical Application and Academic Debate, and Public Law is also supported by online Multiple Choice Questions. Public Law is essential reading for moTable of Contents1. The United Kingdom’s Constitution; 2. The Sources of the United Kingdom’s Constitution; 3. The Separation of Powers and the United Kingdom’s Constitution; 4. The Rule of Law and the United Kingdom’s Constitution; 5. Parliamentary Sovereignty I: The Foundations; 6. Parliamentary Sovereignty II: The Challenges; 7. Parliament: Composition and Functions; 8. The Executive: Crown, Government and Accountability; 9. The Courts and the Judiciary; 10. The Prerogative I: Foundations, Powers and Parliamentary Control; 11. The Prerogative II: Judicial Control of the Prerogative Powers; 12. Human Rights I: Foundations and Rights; 13. Human Rights II: Two Competing Rights? Articles 8 and 10 ECHR; 14. Human Rights III: Freedom of Assembly and Association; 15. Judicial Review I: Foundations of Judicial Review; 16. Judicial Review II: The Grounds; 17. The Omdudsman, Tribunals, Inquiries and Executive Liability
£36.09
Taylor & Francis Ltd Maritime Safety in Europe A Comparative Approach
Book SynopsisThe book is concerned with the harmonisation of maritime safety legal systems in Europe. It describes maritime safety legal systems in selected European countries as well as maritime safety issues from the perspective of the International Maritime Organisation, European Union, and European Free Trade Association. Distinguished scholars from Europe's leading maritime law academic centres present national perspectives of maritime safety systems, questioning whether the adopted national solutions guarantee the compatibility with IMO and EU legal regime, as well as assessing the global and EU system. Moreover, the book seeks to provide some answers as to whether the IMO goals on maritime safety are adequate in light of current safety challenges and how to achieve higher level of enforcement of internationally-recognised maritime safety standards. It will be of great assistance to those readers who need to familiarize themselves with current problems inherent in maritime safety, whether that be lawyers, scholars, professional mariners, or national institutions.Chapter 14 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license. Table of Contents1. Implementation of IMO treaties into the domestic legislation. Implementation and enforcement as the key to effectiveness of international treaties; 2. The EU Maritime Safety Rules: Raising the Bar within Europe and Beyond; 3. Maritime safety from the perspective of the EEA EFTA countries; 4. Maritime safety in Belgium – An Overview of the Legal Framework; 5. Maritime Safety – Croatian Legal Framework; 6. French rules concerning maritime safety and security; 7. German Maritime Safety laws: Comprehensive but Complicated 8. Brief reflections on the regulation and implementation of maritime safety in the U.K.; 9. Maritime Safety - Greece; 10. The Italian legal framework on maritime safety: recent developments and future perspectives; 11. An overview of the maritime safety laws in Malta; 12. Comparative maritime safety – Netherlands; 13. Norway – playing it safe; 14. Taking maritime safety seriously – the Polish perspective; 15. Maritime safety and security in Spain; 16. Maritime safety in Turkey
£209.00
Taylor & Francis Ltd The Insiders Guide to Legal Skills
Book SynopsisConfused by cases? Stuck on statutes? Or just unsure where to start with writing, research or revision? The Insider's Guide to Legal Skills will show you what you need to succeed, applying skills in their real-world context and helping you get to grips with legal method and thinking.Making use of problem-based learning and examples throughout, the fully updated second edition of this practical and accessible guide will provide you with a clear guide to skills within the law degree, including online learning. It will show you how to make the most of these skills in assessment and also help you to see their importance to a future legal career.Designed for students who want a clear overview of what a law degree is all about, the book has been built on the skills curriculum, and is a suitable text for Legal Skills, Methods and Reasoning courses as well as a general introduction to law, or pre-reading for those considering a law degree.For more information, inTable of Contents Meet our friends... Online learning: breakouts, chats and staying focused Academic and university survival skills: standing on your own two feet Your guide to the English legal system: order, order! Sources of law: the tools of your trade Legal research: digging deeper Legal writing: weaning off 'like' and 'innit' Referencing and plagiarism: borrow don't steal Mooting and public speaking: speaker's corner Employability skills: learn to earn Revision and exams: law, eat, sleep, repeat
£33.99
Taylor & Francis Ltd Rule of Law Common Values and Illiberal
Book SynopsisThis book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberTable of ContentsPreface Rule of Law: In Context Chapter 1 Tímea Drinóczi – Agnieszka Bie?-Kaca?a, Illiberal Constitutionalism and the European Rule of Law Rule of Law: A Common Value Chapter 2 Andrzej Madeja, The European Values and the Rule of Law Chapter 3 Wojciech W?och, ‘Where the Laws Do Not Govern, There is No Constitution’: On the Relationship between the Rule of Law and Constitutionalism Rule of Law in National Practice: Is It a Common Value? Chapter 4 András Jakab and Eszter Bodnár, The Rule of Law, Democracy and Human Rights in Hungary: Tendencies from 1989 until 2019 Chapter 5 Tímea Drinóczi, The Rule of Law: The Hungarian Perspective Chapter 6 Iwona Wróblewska, The Rule of Law: The Polish Perspective Rule of Law and Supranational Struggles: Is It a Common Value? Chapter 7 Lóránt Csink, Rule of Law in Hungary. What Can Law and Politics Do? Chapter 8 Sylwia Majkowska-Szulc, Safeguarding the European Union’s Core Values: The EU Rule of Law Mission in Poland Chapter 9 Agnieszka Grzelak, Are the EU Member States still Masters of the Treaties? The European Rule of Law Concept as a Means of Limiting National Authorities Illiberal legality vs. European Rule of Law Chapter 10 Tímea Drinóczi and Agnieszka Bie?-Kaca?a, Illiberal Legality?
£37.99
Taylor & Francis Ltd EU and CARICOM
Book SynopsisInvestigating the unique EU-CARICOM legal relationship, this book exploresthe major theme of globalisation, which shapes inter-regional organisationsindividually and determines their relationship to one another. It evaluates howEU-CARICOM relations have fostered trade, security and other developmentmeasures, reflecting on the past, future and present of the Caribbean states thatare active in the EU-CARICOM framework.Providing case studies on key issues such as immigration, tax and energy, itexamines the impact that the EU-CARICOM has on the slave trade and thedeportation of millions of people. Such bitter experiences still indirectly shapeculture, hopes and the economic framework of possibilities today; therefore, thefocus of the volume is on the issues which the constant stream of globalisationcreates. The book assesses many potential impacts that the agenda of the EUand Brexit pending will have upoTable of Contents1. Introduction PART I. BREXIT AND EU-CARICOM RELATIONS 2. The impact of BREXIT: In search of a new legal order? 3. The impact of the UK’s BREXIT on Antisuit injunctions PART II. TRADE AND SECURITY IN EU-CARICOM 4. EU-CARICOM Trade Law as a tool for development? 5. Building a digital anchor: a legal perspective on a prospective improvement of electronic data interchange in maritime trade 6. EU-CARICOM – some current challenges and potential solutions in the energy and investment sector PART III. TAXATION AND IMMIGRATION IN EU-CARICOM 7. Select jurisprudence of the CJEU and CCJ – a comparative perspective 8. From Haven to Blacklist: UK, EU and Caribbean Co-operation on tax avoidance, after BREXIT 9. Impoverished Law: A Review of Trinidad and Tobago’s Immigration Act PART IV. SUSTAINABLE DEVELOPMENT AND REGIONAL GOVERNANCE ISSUES IN THE EU-CARICOM 10. CARICOM Regional Integration and Challenges in Maritime Law – a case study of Guyana’s Offshore Energy Developments 11. SDGs and its impact on African, Caribbean and Pacific (ACP) Group of States and CARICOM – soft law on its way through the legal order 12. National Champions and their impact on trade, trade policy and SDGs 13. Charting a path to sustainable development: goals of CARICOM and the EU CONCLUSIONS 14. Reflections for the future: Forward thinking
£37.99
Taylor & Francis The Routledge Handbook of Gender and Development
Book SynopsisThe Routledge Handbook of Gender and Development provides a comprehensive statement and reference point for gender and development policy making and practice in an international and multi-disciplinary context. Specifically, it provides critical reviews and appraisals of the current state of gender and development and considers future trends. It includes theoretical and practical approaches as well as empirical studies. The international reach and scope of the Handbook and the contributorsâ experiences allow engagement with and reflection upon these bridging and linking themes, as well as the examining the politics and policy of how we think about and practice gender and development.Organized into eight inter-related sections, the Handbook contains over 50 contributions from leading scholars, looking at conceptual and theoretical approaches, environmental resources, poverty and families, women and health related services, migration and mobility, the effect of civil and international conflict, and international economies and development. This Handbook provides a wealth of interdisciplinary information and will appeal to students and practitioners in Geography, Development Studies, Gender Studies and related disciplines.Trade Review"The Routledge Handbook of Gender and Development is a comprehensive - and excellent - addition to contemporary scholarship in the field of gender and development (GAD). It provides a substantial compendium of individual articles gathered into eight thematic chapters, and covering a broad range of substantive, theoretical and conceptual issues pertaining to gender analyses of development in global contexts. The editors, themselves very experienced academics and authors in this area, have gathered together valuable contributions from both well-known scholars and from newer voices from all over the world to compile this collection." – Gender & Development, Suzanne Clisby, University of Hull, UKTable of ContentsIntroduction. Part I: The making of the field- concepts and case studies. Part II: Environmental resources- production and protection. Part III: Population- poverty and patriarchy. Part IV: Health and services- survival and society. Part V: Mobilities- services and spaces. Part VI: Conflict and post-conflict- victims or victors? Part VII: Economics- empowerment and enrichment. Part VIII: Development organizations- people and institutions
£43.99
Taylor & Francis Mediation and other forms of Alternative Dispute
Book SynopsisCovering both the principles and practice of Alternative Dispute Resolution (ADR), this important new textbook equips students not only with a contextual understanding of the role of ADR in adjudicating civil disputes but also with the different forms of mediation and ADR available and the key issues in their application.Providing theoretical and practical insights, the book begins with a critical examination of the tenets on which ADR is based, where it sits in relation to civil law, and how it is applied in different national contexts. It discusses the various areas in which mediation or arbitration can be applied, from family mediation to restorative justice, and includes chapters on the ethics of mediation and its psychology, as well as an introduction to online dispute resolution (ODR). The concluding chapter offers some thoughts on the benefits and challenges of mediation.Featuring a glossary of key terms, detailed case law, end-of-chapter problem questions, and advice around listening skills during a mediation process, Mediation and other forms of Alternative Dispute Resolution is an essential textbook for any student approaching ADR for the first time and offers practitioners an opportunity to reflect on the context of ADR.
£35.14
Taylor & Francis Unlocking Criminal Law
Book SynopsisUnlocking Criminal Law will help you grasp the main concepts of the subject with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising Criminal Law.The information is clearly presented in a logical structure and the following features support learning helping you to advance with confidence: Clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject; Key Facts boxes throughout each chapter allow you to progressively build and consolidate your understanding; End-of-chapter summaries provide a useful check-list for each topic; Cases and judgments are highlighted to help you find them and add them to your notes quickly; Frequent activities and self-test questions are included so you can put your knowledge into practice; Sample esTable of Contents1. Introduction to Criminal Law 2. Actus Reus 3. Mens Rea 4. Strict Liability 5. Murder 6. Homicide 7. Non-fatal Offences against the person 8. Sexual Offences 9. Theft 10. Robbery, Burglary and other Offences in the Theft Acts 11. Fraud 12. Criminal Damage 13. Public Order Offences 14. Capacity Defences 15. General Defences 16. Parties to a Crime 17. Inchoate Offences Appendix 1 Appendix 2
£37.99
Taylor & Francis Theories of Race and Racism
Book SynopsisTheories of Race and Racism: A Reader provides an overview of historical and contemporary debates in this vital and ever-evolving field of scholarship and research. Combining contributions from seminal thinkers, leading scholars and emergent voices, this reader provides a critical reflection on key trends and developments in the field.The contributions to this reader provide an overview of key areas of scholarship and research on questions of race and racism. It provides a novel perspective by bringing together readings on the key theoretical and historical processes in this area, the development of diverse theoretical viewpoints, the analysis of antisemitism, the role of colonialism and postcolonialism, feminist perspectives on race and the articulation of new accounts of the contemporary conjuncture. The contributions to this reader include classic works by the likes of W.E.B. DuBois, Stuart Hall and Frantz Fanon as well as timely pieces by contemporary scholars including Orlando Patterson, Patricia Hill Collins and Paul Gilroy.By bringing together a broad range of diverse accounts, Theories of Race and Racism: A Reader engages with various key areas of interest and is an invaluable guide for students and instructors seeking to explore issues of race and racism.Trade Review‘In the new edition of this vital resource, we are afforded a comprehensive review and reflection of the continued global role and influence of race and racism. As with earlier editions, Theories of Race and Racism's 3rd Edition will be an indispensable text for instructors and students alike in classrooms across the world’.Marcus Anthony Hunter, Professor of Sociology, University of California, Los Angeles, USA‘This is an impressive collection of essays, ranging from the classics to the contemporary cutting edge. The extensively updated third edition of this essential collection again shows the editors’ commitment to providing the scholarly community with a historically rooted, in-depth overview of critical writings on race and racism. The result is a key volume on the theorization of race and racism, sophisticated and inventive in its conceptualization, and deeply attuned to the genealogies that we build on in our work on race and racism. Perhaps even more importantly, it is forward-looking, providing readers not only with an overview of historical developments, but also with incisive readings that focus on contemporary concerns in the field and suggest directions for new work. The lucid introduction lays out the stakes of theorizing race and racism in the current moment, while the readings gathered in the volume present multiple theoretical starting points rather than an argument that ‘one theory fits all’. As a result, the volume provides readers with a critical in-depth starting point for thinking about, conducting research on, and working towards social justice regarding race and racism’.Anna Korteweg, Professor of Sociology, University of Toronto, Canada‘In the field of race and racism, heated conflicts and controversies have recently often replaced respectful theoretical discussions and debates. This third edition of Theories and Race and Racism offers an incredible collection of papers, which could serve as a reference to restore the much needed open and informed theoretical discussions and debates about the very complicated issues related to race and racism today. A must read for open minded students, scholars, and activists’Marco Martiniello, Director of CEDEM (Center for Ethnic and Migration Studies), University of Liège, Belgium‘Theories of Race and Racism brings forth the best in classic and contemporary thinking on the concept of race and the phenomenon of racism in modern life. This third edition captures the evolution in social thought on these matters, including contributions that address the centrality of feminism as a focal point in modern thinking about them, and considerations of spatial dynamics as they affect modern conditions of race and racism. This volume continues to serve as essential reading for students, scholars, and others who are curious about why and how these two critical dimensions of life have endured’.Alford A. Young Jr., Professor of Sociology, University of Michigan, USATable of ContentsPart One: Origins and Transformations Introduction 1. Winthrop D. Jordan First Impressions 2. Robert Bernasconi Who Invented the Concept of Race? 3. W. E. B. Du Bois The Conservation of Races 4. Orlando Patterson The Denial of Slavery in Contemporary American Sociology 5. Satnam Virdee Racialized Capitalism 6. Zine Magubane American Sociology’s Racial Ontology 7. Jacqueline Nassy Brown Black Liverpool, Black America, and the Gendering of Diasporic Space 8. Catherine Hall Doing Reparatory History Part Two: Sociology, Race and Social Theory Introduction 9. Robert Park The Nature of Race Relations 10. E. Franklin Frazier Sociological Theory and Race Relations 11. Jose Itzigsohn and Karida Brown Sociology and the Theory of Double Consciousness 12. Aldon D. Morris W. E. B. Du Bois at the Center 13. Gurminder K. Bhambra Race, Segregation and U.S. Sociology 14. Stuart Hall Old and New Identities, Old and New Ethnicities 15. Brett St Louis On the Necessity and the ‘Impossibility’ of Identities 16. Salman Sayyid Post-racial Paradoxes 17. Graziella Moraes Silva Folk Conceptualizations of Racism and Antiracism in Brazil and South Africa 18. Wendy D. Roth The Multiple Dimensions of Race 19. Ann Morning Kaleidoscope: Contested Identities and New Forms of Race Membership 20. Elijah Anderson The White Space 21. Claire Alexander Breaking Black Part Three: Racism and Antisemitism Introduction 22. George L. Mosse The Jews: Myth and Counter-Myth 23. Theodor Adorno and Max Horkheimer Elements of Anti-Semitism 24. Dan Stone Not a Race but Only a People after All 25. Glynis Cousin and Robert Fine Reconnecting the Study of Racism and Antisemitism 26. Nasar Meer and Tehseen Noorani A Sociological Comparison of Anti-Semitism and Anti-Muslim Sentiment in Britain 27. Jonathan Judaken Rethinking the New Antisemitism in a Global Age 28. Brian Klug Interrogating New Anti-Semitism 29. Tony Kushner Anti-Semitism in Britain 30. Elli Tikvah Sarah When Anti-Zionism Becomes Anti-Semitism and Zionism Becomes Anti-Palestinian Part Four: Colonialism, Race and the Other Introduction 31. Frantz Fanon The Fact of Blackness 32. Gary Wilder Race, Reason, Impasse 33. Cynthia R. Nielsen Frantz Fanon and the Négritude Movement 34. Mahmood Mamdani Settler Colonialism 35. George Steinmetz Explaining the Colonial State and Colonial Sociology 36. Robbie Shilliam Ethiopianism, Englishness, Britishness 37. Julian Go Postcolonial Possibilities for the Sociology of Race Part Five: Feminism, Difference, and Identity Introduction 38. Patricia Hill Collins Black Feminist Thought 39. Sumi Cho, Kimberlé Williams Crenshaw and Leslie McCall Toward a Field of Intersectionality Studies 40. Ochy Curiel Rethinking Radical Anti-Racist Feminist Politics 41. Heidi Safia Mirza and Yasmin Gunaratnam Reflections on Black British Feminism 42. Sara Ahmed Women of Colour as Diversity Workers 43. Keisha-Khan Y. Perry Geographies of Power: Black Women Mobilizing Intersectionality in Brazil 44. Nadia Brown Political Participation of Women of Color 45. Sara Salem Intersectionality and its Discontents Part Six: Changing Boundaries and Spaces Introduction 46. Paul Gilroy The Dialectics of Diasporic Identification 47. Michael G. Hanchard Black Transnationalism, Africana Studies, and the 21st Century 48. Juliet Hooker Black Protest/White Grievance 49. Minkah Makalani Black Lives Matter and the Limits of Formal Black Politics 50. Alondra Nelson The Social Life of DNA 51. Sibille Merz and Ros Williams Valuing Racialised Bodies in the Neoliberal Bioeconomy 52. Étienne Balibar Reinventing the Stranger 53. Jean Beaman Are French People White? 54. Michelle Christian, Louise Seamster and Victor Ray New Directions in Critical Race Theory and Sociology 55. Eduardo Bonilla-Silva What Makes Systemic Racism Systemic?
£34.19