Law and society, sociology of law Books

Book SynopsisThis book sets out a panoramic view of law and society studies in South Korea, considering the factors that have made this post-colonial war-torn country economically and politically successful.The contributors examine societal and historical conditions that are reflected in - or that were shaped by - the law, through a variety of lenses; including law and development, law and politics, colonialism and gender, past wrongdoings, public interest lawyering, and judicial reform. In dismantling the historical specificity of the way in which Korea studies are universally framed the contributions provide novel views, theories and information about South Korean law and society.Incorporating various perspectives and methodologies, and demonstrating a finely crafted application of general theory to specific issues, this compendium will prove insightful to law scholars and researchers looking to widen their perspective and broaden their knowledge on law and society in Korea. Law practitioners whose practice requires knowledge of the Korean legal system will also find plenty of information in this authoritative book.Contributors include: K. Cho, D.-k. Choi, P. Goedde, S.S. Hong, D. Kim, J.-O. Kim, C. Lee, I. Lee, K.-W. Lee, H. Yang, S. YiTrade Review'As dynamic as legal change has been in South Korea, it has also been understudied, at least until the arrival of this wonderful collection of essays. The authors, who are all leading figures in the field, demonstrate convincingly that Korean experience is relevant to many of the contemporary questions in law and society studies. Every law and society scholar should read this book.' --Tom Ginsburg, University of ChicagoTable of ContentsContents: Preface PART I: HISTORY AND CULTURE 1. Law and Development: The Korean Experience Dai-kwon Choi 2. The Rule of Law and Forms of Power: Theorizing the Social Foundations of the Rule of Law in South Korea and East Asia Chulwoo Lee 3. Colonialism and Patriarchy: Where the Korean Family-head (Hoju) System had been Located Hyunah Yang PART II: THEORY AND METHODOLOGICAL QUESTIONS 4. Korean Perception(s) of Pyungdeung (Equality) Ilhyung Lee 5. The Normative Phenomenon of Public Sector in Korean Society Jeong-Oh Kim 6. The Legal Development in Korea: Juridification and Proceduralization Sangdon Yi and Sung Soo Hong PART III: CRITICAL ISSUES IN LAW AND SOCIETY IN KOREA 7. The Making of Public Interest Law in South Korea via the Institutional Discourses of Minbyeon, PSPD and Gonggam Patricia Goedde 8. Recent Reforms in the Legal Profession and Legal Education Dohyun Kim 9. The Constitutionalisation of the Representative System in Korea Kuk-Woon Lee 10. Transitional Justice in Korea: Legally Coping with Past Wrongs after Democratisation Kuk Cho Index

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Book SynopsisThis insightful collection of classic papers explores the effects of various legal institutions and policies on economic development. The editors include analysis of the historical, current, and future conditions of numerous legal traditions and strategies, both nationally and globally. The volume will enhance understanding of how legal policies influence economic growth. It will also contribute to the selection and advancement of those legal policies most likely to improve overall economic development and social welfare.This volume is an invaluable reference source for both scholars and practitioners interested or involved in the development of legal policy.Trade Review‘The study of the interaction between legal institutions and economic development is one of the most important research areas in economics and law. Professors Cooter and Parisi have produced a remarkable anthology. Their selection of articles and the way they have structured the literature form an original contribution in themselves. Even those who are already familiar with the literature will enjoy the refreshing perspective that is being offered by two of the leading scholars in the field.’ -- Gerrit De Geest, Washington University, St. Louis, USTable of ContentsContents: Acknowledgements Introduction Robert D. Cooter and Francesco Parisi PART I LAW, FINANCE AND ECONOMIC DEVELOPMENT 1. Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer and Robert W. Vishny (1998), ‘Law and Finance’ 2. Paul G. Mahoney (2001), ‘The Common Law and Economic Growth: Hayek Might be Right’ 3. Frank B. Cross (2002), ‘Law and Economic Growth’ 4. Edward L. Glaeser and Andrei Shleifer (2002), ‘Legal Origins’ 5. Bernard S. Black and Vikramaditya S. Khanna (2007), ‘Can Corporate Governance Reforms Increase Firm Market Values? Event Study Evidence from India’ PART II COMMON LAW AND LEGAL EVOLUTION 6. Mark J. Roe (1996), ‘Chaos and Evolution in Law and Economics’ 7. Y. Barzel (2000), ‘Dispute and its Resolution: Delineating the Economic Role of the Common Law 8. Vincy Fon and Francesco Parisi (2003), ‘Litigation and the Evolution of Legal Remedies: A Dynamic Model’ 9. Keith N. Hylton (2006), ‘Information, Litigation, and Common Law Evolution’ PART III PUBLIC CHOICE AND PUBLIC LAW 10. Frank H. Easterbrook (1983), ‘Statutes’ Domains’ 11. McNollgast (1994), ‘Legislative Intent: The Use of Positive Political Theory in Statutory Interpretation’ 12. Robert Cooter (2002), ‘Constitutional Consequentialism: Bargain Democracy versus Median Democracy’ 13. Francesco Parisi (2003), ‘Political Coase Theorem’ 14. Alan Schwartz and Robert E. Scott (1995), ‘The Political Economy of Private Legislatures’ 15. Tom Ginsberg (2002), ‘Ways of Criticizing Public Choice: The Uses of Empiricism and Theory in Legal Scholarship’ PART IV FEDERALISM AND CHOICE OF LAW 16. Andrew T. Guzman (2002), ‘Choice of Law: New Foundations’ 17. Robert P. Inman and Daniel L. Rubinfeld (1997), ‘Rethinking Federalism’ 18. Lucian Arye Bebchuk (1992), ‘Federalism and the Corporation: The Desirable Limits on State Competition in Corporate Law’ 19. Roberta Romano (2006), ‘The States as a Laboratory: Legal Innovation and State Competition for Corporate Charters’ 20. Michael J. Trebilcock (2003), ‘The Law and Economics of Immigration Policy’ Name Index

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Book SynopsisIn analyzing how economic crime was managed in Russia, from the Brezhnev era to the Yeltsin years, this book reveals the historical roots of the 'criminal problem' that has marked Russian politics since the late 1980s. During the closing decades of the Soviet regime, the daily struggle against shortages of goods and services precipitated a rapid increase in the black market and other underground practices, visible to all, but still deemed illegal. How did Soviet police officers and judges select the cases they dealt with on a daily basis? And how were the funds and manpower dedicated to combating 'economic crime' actually deployed? Law enforcement agencies also had to deal with the aftermath of Mikhail Gorbachev's liberal economic reforms. Russia's economy underwent far-reaching change, its judicial framework proved obsolete to combat the new challenges and its police woke up to the possibility of privatising or selling their professional knowhow. Drawing on first hand research and interviews with criminals and police officers, this scrupulous study investigates the changing nature of criminal law and policing before and after the fall of the Soviet state.

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Book SynopsisIn most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and ensure that its decisions are carried out, for practical purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law examines this key weapon in the armory of insurgent groups, ranging from the Ireland of the 1920s, where the IRA sapped British power using 'Republican Tribunals' to today's 'Caliphate of Law' -- the Islamic State, by way of Algeria in the 1950s and the Afghan Taliban. Frank Ledwidge tells how insurgent courts bleed legitimacy from government, decide cases and enforce judgments on the battlefield itself. Astute counterinsurgents, especially in 'ungoverned space,' can ensure that they retain the initiative. The book describes French, Turkish and British colonial 'judicial strategy' and contrasts their experience with the chaos of more recent 'stabilization operations' in Iraq and Afghanistan, drawing lessons for contemporary counterinsurgents. Rebel Law builds on his insights and shows that the courts themselves can be used as weapons for both sides in highly unconventional warfare.Trade Review'This erudite yet very readable book will introduce many readers to the concept of “lawfare” and how it has been waged around the globe.' 'Rebel Law: Insurgents, Courts and Justice in Modern Conflict ... is an intriguing, engaging and comprehensive account that is particularly compelling when discussing insurgent justice in the Muslim world, ... valuably diverging from the tendency to read such phenomena solely through the prism of extremism... Ledwidge's approach to insurgent justice in the Muslim world is compelling: he brings a much-needed comparative perspective that serves as an antidote to the tendency to read such phenomena only through the lens of extremist ideology.' -- LSE Review of Books'As a former justice advisor for the UK military mission in Afghanistan, Ledwidge brings a uniquely well-informed perspective to the issues of using legal processes to achieve military objectives by both insurgents and counterinsurgents at the operational and tactical level. He argues that the ability of insurgents to offer "fair" judicial process -- particularly dispute resolution -- has proved critical to successful state-building by insurgent groups. On the flipside, Ledwidge contends that counterinsurgency strategy must employ "legal pluralism" to develop an effective judicial strategy. Cogently written and forcefully argued, Rebel Law will be of interest to military professionals, legal scholars and policy makers alike.' * Montgomery McFate, Professor at the US Naval War College in Newport, Rhode Island, and author of Military Anthropology: Soldiers, Scholars and Subjects at the Margins of Empire *'Frank Ledwidge builds a compelling case for the monopoly of justice in determining the outcome of insurgencies. Drawing upon years of experience and scholarship, Ledwidge convincingly argues that nowhere is the contest for control of a population, the delicate interplay between consent and coercion, expressed with greater impact than in the competing legal systems offered by insurgent and counter-insurgent.' * Edward Burke, Lecturer in Strategic Studies, The University of Portsmouth, Royal Air Force College Cranwell *'This book is an essential resource for scholars and practitioners concerned with the operation of legal systems during and after conflict. Frank Ledwidge offers a unique perspective on the complex interactions between state and insurgent judiciaries that is informed by years of fieldwork and service as a justice advisor in warscapes including Afghanistan, Iraq, and Libya.' * Mara Revkin, Department of Political Science, Yale University *'In the literature on counterinsurgency no concepts are more frequently invoked or more poorly understood than legitimacy, justice, and law. Insurgencies win by out-governing the status quo power and the primary thrust of their strategy is nearly always the provision of alternative justice to populations hungry for better law. Frank Ledwidge's brilliant book plugs the gap in the literature commendably. It is indispensable reading.' * David Betz, Professor of War in the Modern World, Department of War Studies, King's College London *'A ground-breaking picture of the role of law in (particularly, irregular) warfare: so-called lawfare. This highly readable study opens up a new vista in counterinsurgency and underlines the centrality therein of properly-delivered, culturally-specific justice. A fascinating tour de force that demands to be read by politicians and generals alike.' - * Mike Martin, author of An Intimate War: An Oral History of the Helmand Conflict *'This study offers important insights into why Western assumptions about what constitute the bases for stable government are often not relevant for other areas of the world.' -- Robert A. Heineman, Emeritus Professor of Political Sciences, Alfred University, CHOICE

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Book SynopsisLaw and Society in England 1750–1950 is an indispensable text for those wishing to study English legal history and to understand the foundations of the modern British state. In this new updated edition the authors explore the complex relationship between legal and social change. They consider the ways in which those in power themselves imagined and initiated reform and the ways in which they were obliged to respond to demands for change from outside the legal and political classes. What emerges is a lively and critical account of the evolution of modern rights and expectations, and an engaging study of the formation of contemporary social, administrative and legal institutions and ideas, and the road that was travelled to create them. The book is divided into eight chapters: Institutions and Ideas; Land; Commerce and Industry; Labour Relations; The Family; Poverty and Education; Accidents; and Crime. This extensively referenced analysis of modern social and legal history will be invaluable to students and teachers of English law, political science, and social history.Trade ReviewThe study of English legal history has been greatly enhanced and brought up-to-date with the publication of a new edition of this seminal text. -- Ciaran McCabe, University College Dublin * The Journal of Legal History *Table of ContentsCHAPTER ONE. INSTITUTIONS AND IDEAS Part 1: Industrialisation 1750–1875 Part 2: Passing Greatness 1875–1950 CHAPTER TWO. LAND Part 1: Agricultural Exploitation 1750–1850 Part 2: Urban Conditions and Land Values 1750–1850 CHAPTER THREE. COMMERCE AND INDUSTRY Part 1: Contract Part 2: Debt, Bankruptcy, Insolvency Part 3: The Limited Liability Company Part 4: Legal Control of Anti-Competitive Activity Part 5: Technological Advance and The Patent System CHAPTER FOUR. LABOUR RELATIONS Part 1: Service and Its Regulation 1760–1875 Part 2: Employment 1875–1950 CHAPTER FIVE. THE FAMILY Part 1: Private Family Law 1750–1850 Part 2: New Pressures on Family Law: 1850–1950 CHAPTER SIX. POVERTY AND EDUCATION Part 1: Destitution in Country and Town 1750–1890 Part 2: Schools: Learning and Mass Literacy to 1890 Part 3: Poor Relief and Its Alternatives Part 4: Education – The Modern Structure CHAPTER SEVEN. ACCIDENTS Part 1: Compensation by Civil Suits Part 2: Planning Against Accidents CHAPTER EIGHT. CRIME Part 1: The Era of The Bloody Code Part 2: Criminal Justice Transformed Part 3: Into The Twentieth Century

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Book SynopsisThere is a growing interest within law schools in the intersections between law and different areas of social theory. The second edition of this popular text introduces a wide range of traditions in sociology and the humanities that offer provocative, contextual views on law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, systems theory, critical approaches, law in action, postmodernism, and law in global society. Each chapter is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. New chapters include authoritative reviews of actor network theory, new legal realism, critical race theory, post-colonial theories of law, and the sociology of the legal profession. Over half the chapters are new, and the rest are revised in order to include discussion of recent literature.Table of ContentsIntroduction Reza Banakar and Max Travers Section 1: Classical Sociology of Law Introduction by Reza Banakar and Max Travers 1 The Problematisation of Law in Classical Social Theory Alan Hunt 2 Sociological Jurisprudence A Javier Trevino Section 2: Systems Theory Introduction by Reza Banakar and Max Travers 3 The Radical Sociology of Niklas Luhmann Michael King 4 The Legal Theory of Jürgen Habermas: Between the Philosophy and the Sociology of Law Mathieu Defl em Section 3: Critical Approaches Introduction by Reza Banakar and Max Travers 5 Marxism and the Social Theory of Law Robert Fine 6 Pierre Bourdieu's Sociology of Law: From the Genesis of the State to the Globalisation of Law Mikael Rask Madsen and Yves Dezalay 7 Feminist Legal Theory Harriet Samuels 8 Critical Race Theory Angela P Harris Section 4: Law in Action Introduction by Reza Banakar and Max Travers 9 Interpretive Sociologists and Law Max Travers 10 Bruno Latour's Legal Anthropology Frédéric Audren and Cédric Moreau de Bellaing 11 New Legal Realism and the Empirical Turn in Law Stewart Macaulay and Elizabeth Mertz Section 5: Postmodernism Introduction by Reza Banakar and Max Travers 12 Foucault and Law Gary Wickham 13 Law and Postmodernism Shaun McVeigh 14 Postcolonial Theories of Law Eve Darian-Smith Section 6: Law in a Global Society Introduction by Reza Banakar and Max Travers 15 Reviewing Legal Pluralism Anne Griffiths 16 Globalisation and Law: Law Beyond the State Ralf Michaels 17 Law and Regulation in Late Modernity Reza Banakar 18 Studies of the Legal Profession Ole Hammerslev 19 Comparative Sociology of Law David Nelken

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Book SynopsisThe original contributions in this Handbook provide an introduction to the application of Austrian economics to law. The book begins with chapters on the methodology of law and economics before moving on to chapters which discuss key concepts in Austrian economics such as; dynamic competitive processes, spontaneous order, subjective value, entrepreneurship, and the limited nature of individual knowledge - as they relate to topics in evolutionary law and basic law.This book presents contributions from both economists and legal scholars on topics ranging from methodology of analysis and the evolution of contemporary legal practice, to the teachings of basic law. Taken as a whole, this Handbook provides a strong overview of contemporary research in the Austrian school of law and economics. It is an approach that reflects both the examination of how alternative legal arrangements impact economic performance, and how to use the tools of basic economic reasoning to study the operation of legal rules.Scholars working in the fields of law, jurisprudence, economics, and public policy will find this an important resource on the cutting edge of Austrian political economy in application to law and economics.Contributors include: B.L. Benson, P.J. Boettke, D.J. Boudreaux, H.N. Butler, E.R. Claeys, C.J. Coyne, M. DeBow, M.T. Henderson, S. Horwitz, P.G. Klein, M. Krause, T.A. Lambert, P.T. Leeson, J. Parker, G.J. Postema, S. Rajagopalan, D. Skarbek, E.P. Stringham, R.E. Wagner, T.J. ZywickiTable of ContentsContents: Part I Introduction 1. Law and economics: the contributions of the Austrian School of Economics Peter J. Boettke and Todd J. Zywicki Part II Methodology of Law and Economics 2. Property rights, the Coase Theorem and informality Martín Krause 3. Coase, Posner, and Austrian law and economics Peter T. Leeson Part III Evolutionary Law 4. Nature as first custom: Hayek on the evolution of social rules Gerald J. Postema 5. The law and economics of rule reform Christopher J. Coyne 6. Legal process for fostering innovation Henry N. Butler and Larry E. Ribstein 7. Customary commercial law, credibility, contracting, and credit in the high Middle Ages Bruce L. Benson 8. Self-Governance, property rights, and illicit commerce David Skarbek 9. Austrian law and economics and efficiency in the common law Todd J. Zywicki and Edward P. Stringham 10. Dispute resolution when rationalities conflict: cost and choice in a mixed economy Richard E. Wagner Part IV Basic Law 11. Sparks cases in contemporary law and economic scholarship Eric R. Claeys 12. Austrian economics and tort law Michael E. DeBow 13. Antitrust and competition from a market-process perspective Donald J. Boudreaux 14. Civil Procedure reconsidered Jeffrey S. Parker 15. An Austrian analysis of contemporary American business law Peter G. Klein and Thomas A. Lambert 16. Firms without boards: unleashing the Hayekian firm M. Todd Henderson 17. Bankruptcy judge as a central planner Todd J. Zywicki and Shruti Rajagopalan 18. Family Law, uncertainty, and the coordination of human capital Steven Horwitz Part V Conclusion 19. Conclusion: the future of “Austrian” Law and Economics Peter J. Boettke and Todd J. Zywicki Index

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Book SynopsisComparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date. In Part I, Methods and Disciplines, contributors approach critical issues in comparative law and society from a variety of academic fields, including sociology, criminology, anthropology, economics, political science, and psychology. This multidisciplinary approach highlights the importance of addressing the variance of perspectives inherent to the field. In Part II, Core Issues, chapters offer an exploration of major legal institutions, processes, professionals, and cultures associated with particular legal subjects. Since authors utilize the perspective of at least two different legal systems, this book offers a truly thorough and wide-ranging focus. The general reader, as well as students and scholars, will find this handbook useful in their continuing explorations into the interaction between law and society. Practitioners such as lawyers and judges with an interest in global perspectives of law will also find much to admire in this innovative volume. Contributors: M. Adler, N. Brewer, D.S. Clark, R. Cotterrell, B.L. Cutler, T. Ginsburg, M. Goodale, C. Guarnieri, R. Horry, B. Luppi, S.C. McCaffrey, E. Mertz, D. Nelken, F. Pakes, M.A. Palmer, F. Parisi, J.T. Polk, J.C. Reitz, R.E. Salcido, S. Stendahl, J.C. Suk, G.A. Tarr, S.C. Thaman, K. van Aeken, H.J. WiardaTable of ContentsContents: Preface 1. History of Comparative Law and Society David S. Clark PART I: METHODS AND DISCIPLINES 2. Comparative Sociology of Law Roger Cotterrell 3. Comparative Criminology Francis Pakes 4. Comparative Anthropology of Law Elizabeth Mertz and Mark Goodale 5. Comparative Law and Economics: Accounting for Social Norms Francesco Parisi and Barbara Luppi 6. Comparative Law and Political Economy John C. Reitz 7. Comparative Legal Psychology: Eyewitness Identification Ruth Horry, Matthew A. Palmer, Neil Brewer and Brian L. Cutler PART II: CORE ISSUES 8. Separation of Legislative and Executive Governmental Powers Howard J. Wiarda and Jonathan T. Polk 9. Federalism and Subnational Legal Systems: The Canadian Example of Provincial Constitutionalism G. Alan Tarr 10. Judges, their Careers, and Independence Carlo Guarnieri 11. Civil Court Litigation and Alternative Dispute Resolution Koen van Aeken 12. Criminal Courts and Procedure Stephen C. Thaman 13. Administrative Law, Agencies and Redress Mechanisms in the United Kingdom and Sweden Michael Adler and Sara Stendahl 14. Constitutional Law and Courts Tom Ginsburg 15. Legal Cultures David Nelken 16. Legal Education David S. Clark 17. Legal Professions and Law Firms David S. Clark 18. Legal Protection of the Environment Stephen C. McCaffrey and Rachael E. Salcido 19. Preventive Health at Work Julie C. Suk Index

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Book SynopsisThis book examines the notion of a law of obligations as a conceptual category in itself; and, in doing this, it presents the foundational material in a context that draws on some comparative and theoretical ideas while, at the same time, emphasising the special characteristics of the common law.The book is specifically designed to act as an introduction to the legal research skills of reasoning and method. It also looks at the foundations of civil liability in a way that emphasises the interrelationship of source materials, problem solving and conceptual analysis and justification.Trade ReviewThe book will be widely used and remain of interest for many years. Maria Kycherova, Donetsk Humanitarian University, Ukraine.Table of ContentsPreface to the First Edition, Preface to the Second Edition, Table of Cases, Table of Statutes, Table of Statutory Instruments, Table of International Legislation, General Abbreviations, Reference Abbreviations, PRELIMINARY REMARKS, 1 GENERAL INTRODUCTION, PART I THE LAW OF ACTIONS, PART II THE LAW OF OBLIGATIONS, Index

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Book SynopsisThis book provides a clear, concise and highly accessible overview of the key aspects of criminal law doctrine as it applies in England and Wales. The content has been revised and updated, reflecting the constantly evolving nature of the subject.Table of ContentsAn Introduction to the Study of Criminal Law. Actus Reus. The Mental Element: Mens Rea. Participation in Crime. Preliminary or Inchoate Offences. Homicide. Non-fatal Offences Against the Person. Theft Acts 1968 and 1978. Criminal Damage. General Defences

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Book SynopsisCelia Wells always felt like an outsider. Her unconventional early life was shaped by her Communist Party parents, she grew up as `town' not `gown' in Oxford, surrounded by books but living in a council house. She has uncovered an intriguing backstory with a bigamous grandmother, a convicted forger cousin transported to Australia in the 1840s, and the rise and fall of landed gentry. The author describes her parents' bohemian friends and their coded language and uses their original wartime correspondence to produce a picture of a fascinating heritage which ran against the grain and shaped an inquiring mind. A Woman in Law shows how the post-war political landscape provided opportunities for women yet failed to shift many entrenched advantages of gender and class. Tracing the rocky path to becoming Cardiff University's first female law professor, the author shows how her distinctive academic research led to different approaches to teaching criminal law as well as contributing to key reforms described in the book. As she asserts, `I wanted to write about my rather confused political and cultural background, and to relate it to my professional and personal life, to my academic writing, to my relationships, and my beliefs, my experiences of suicide and addiction in my close family.'Trade Review'Well written and beautifully composed in terms of the strands [the author] interweaves so successfully'-- Andrew Ashworth CBE; 'Beautifully written and searingly honest ... a rare resource ... emotionally articulate and deeply considered'--Nicola LaceyTable of ContentsForeword Nicola Lacey. Introduction. Part 1 - THE ACCIDENTAL COMMUNISTS - Getting Started; Class, Gender and Politics; Families - My Bigamous Grandmother; Social and Economic Transitions; Communism and the Carritt Connection; After the War; The Not So Secret Life of a Seven-year-old; Town and Gown; PART 2 - LIFE, LAW AND FEMINISM - Becoming a Woman; Becoming a Law Professor; Law and Life; A Woman Law Professor; Collisions - Expectations, Enabling and Endings; Where Did I Come From? To Oxford via Wolf Hall, St Pancras and Essex. References and bibliography. Appendix 1 - Women Law Professors - Negotiating and Transcending Gender Identities at Work; Appendix 2 - The Decline and Rise of English Murder: Corporate Crime and Individual Responsibility; Index.

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Book SynopsisThe Universal Declaration of Human Rights at Seventy: A Review of Successes and Challenges celebrates the seventieth anniversary of the Declaration and provides an analysis of how it has contributed to the protection of human rights globally. It also identifies and discusses a number of the challenges to the realisation of rights set out in the instrument. The chapters, authored by academics and practitioners in the field of human rights, provide insights into the drafting of the UDHR, human rights activism, the rights protected by the instrument, as well as the relationship between the Declaration and other human rights protective mechanisms.Table of ContentsIntroduction Chapter 1: The Universal Declaration of Human Rights as Customary International Law, Amina Adanan Chapter 2: Implementing Universal Declaration of Human Rights Standards through the Universal Periodic Review Mechanism, Noelle Higgins Chapter 3: Minority Rights and the Universal Declaration of Human Rights, Jean Molloy Chapter 4: How Universal is the Universal Declaration? Indigenous Peoples as a Challenge to the UDHR, Ger Maguire Chapter 5: The Rights of Workers, Keith D Ewing Chapter 6: Labour Trafficking and the Challenges of Victim Identification in Ireland: Exploring the Legacy of Article 4 UDHR, Muiread Murphy, David Doyle and Clíodhna Murphy Chapter 7: Fundamental Rights and Evolving Technologies: Considering the Universal Declaration of Human Rights at 70, Maria Helen Murphy Chapter 8: Policy Developments in Ireland: Implementing the UN Convention on the Rights of Persons with Disabilities, Siobhan Barron Chapter 9: United Nations Targeted Sanctions and Human Rights: Challenging the Narrative, Deirdre Clancy Chapter 10: The Contemporary Threat to Civil Liberties and Human Rights Activism, Liam Herrick Chapter 11: The ‘Curious Grapevine’: 70 Years of Non-governmental Organisations in the United Nations Human Rights System, Fiona McGaughey

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Book SynopsisThe legal profession needs more than law. Whether you are a student, a law school, a university, a law firm or an in-house legal team, The Legal Team of the Future is the definitive guide to understanding and building the holistic skills required of those working in legal services now and in the future. Highlighting the importance of multidisciplinary teams working collaboratively to solve legal problems, the book introduces a ‘Law+’ model for the profession, comprising sixteen skills across four quadrants: Law+People, Law+Business, Law+Change and Law+Technology. As well as outlining each of the skills, the book explains how to build those skills as an individual, a law firm, an in-house team, a university or a law school. Designed for both lawyers and business professionals working in law, The Legal Team of the Future dispels the myth that the ‘lawyer of the future’ is solely responsible for the future of the profession, instead focusing on diverse individuals working within their own specializations. The Law+ model is more than an academic theory, containing real-world examples and case studies and devised by an expert in legal innovation who is still working in the field on a daily basis. This book is the guide you need to navigate the future of the legal profession and to stay ahead of the pack in delivering legal services to clients.

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Book Synopsis**PAPERBACK FEATURES NEW CONTENT. NOW WITH AFTERWORD AND READING GROUP QUESTIONS**'A compelling and courageous memoir forcing the legal profession to confront uncomfortable truths about race and class. Alexandra Wilson is a bold and vital voice. This is a book that urgently needs to be read by everyone inside, and outside, the justice system.' THE SECRET BARRISTER 'A riveting book in the best tradition of courtroom dramas but from the fresh perspective of a young female mixed-race barrister. That Alexandra is "often" mistaken for the defendant shows how important her presence at the bar really is.' MATT RUDD, THE SUNDAY TIMES MAGAZINEAlexandra Wilson was a teenager when her dear family friend Ayo was stabbed on his way home from football. Ayo's death changed Alexandra. She felt compelled to enter the legal profession in search of answers. As a junior criminal and family law barrister, Alexandra finds herself navigating a world and a set of rules designed by a privileged few. A world in which fellow barristers sigh with relief when a racist judge retires: 'I've got a black kid today and he would have had no hope'. In her debut book, In Black and White, Alexandra re-creates the tense courtroom scenes, the heart-breaking meetings with teenage clients, and the moments of frustration and triumph that make up a young barrister's life. Alexandra shows us how it feels to defend someone who hates the colour of your skin, or someone you suspect is guilty. We see what it is like for children coerced into county line drug deals and the damage that can be caused when we criminalise teenagers. Alexandra's account of what she has witnessed as a young mixed-race barrister is in equal parts shocking, compelling, confounding and powerful. 'An inspirational, clear-eyed account of life as a junior barrister is made all the more exceptional by the determination, passion, humanity and drive of the author. Anyone interested in seeing how the law really works should read it.' SARAH LANGFORD'This is the story of a young woman who overcame all the obstacles a very old profession could throw at her, and she survived, with her integrity intact.' BENJAMIN ZEPHANIAH'Wilson offers a role model for those who still think the law is for other people, and shows the way for English courts to become ever less Dickensian.'DAVID COWAN, TIMES LITERARY SUPPLEMENT

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Book SynopsisMotherhood In and After Prison describes the devastating impact of sending mothers to prison, including on the women, their children, wider family and place in society. Using the same lens as for her acclaimed Mothering Justice (Waterside Press, 2015) and with special access to incarcerated mothers, Lucy Baldwin combines her vast experience of criminal and social justice with their own words to: Introduce readers to the lives of imprisoned women; Describe how before, during and after prison they were treated differently, their maternal identity and role was 'spoiled' and they needed to continually 'renegotiate motherhood'; Draw out key themes from her own findings and what was previously known about the imprisonment of women; Put forward recommendations for positive change. The book will be of interest to a national and international readership of policymakers, educators, practitioners, feminists, and women's groups. Extract: 'I don't have much contact with my daughter, my ex has her whilst I'm in here and he don't want me to have contact with her, it's just an excuse to punish me and control me like he always does. He don't care that it punishes her too. God knows what he's saying to her about me.' (Melanie)Trade Review‘Lucy Baldwin’s important book explores the wider context of the imprisonment of women … Written with passion, Motherhood in and After Prison presents powerful evidence of the enduring harm caused by the imprisonment of mothers and offers sound recommendations for change in policy and practice’-- Dr Rona Epstein, Coventry University Law Journal; 'This timely book beautifully educates without judgement and is a must read for policymakers and practitioners alike, driving home a most critical message about the colossal and devastating impact of imprisoning mothers'-- Lady Edwina Grosvenor (from the Foreword).Table of ContentsForeword by Lady Edwina Grosvenor; Preface; List of Abbreviations. PART I - Overview. Introduction; Gendered Criminal Justice; The Making of Motherhood; The Mothers. PART II - Findings. Pre-Prison Experiences; Entering the Prison Space and Early Days; Distant Mothering and Grandmothering; Regimes, Rules and Relationships; Renegotiating Motherhood; Trust and Surveillance; Trauma and Pain. PART III - Conclusions and Recommendations. Drawing Together the Evidence. References and Bibliography. Index.

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Book SynopsisThe inspirational story of a young German orphan who escaped a war-torn Berlin to rise to the highest ranks of the European legal system. When Konrad Schiemann escaped his home in Berlin to begin a new life in England, he didn’t know what life awaited him there. An orphan who had lost both of his parents at the end of World War Two, he reached this new country to start again with the help of relatives. Grown up, he decided to practise as a barrister in England and became a judge of the Appeal Court and finally of the European Court of Justice. After having his family and life in Germany torn apart by conflict, he forged a career around his desire to help in the construction of a peaceful Europe. It was only late in life that he came to realise the extent of the extraordinary family into which he had been born. A great-great grandfather who presided over 5 parliaments and the first German Supreme Court, a great-grandfather who was a friend of the last Kaiser and a grandfather who joined the Nazi Party despite the opposition of two members of the family later recognised by Israel as Righteous among the Nations for saving Jews from the Nazis. He learned of his mother’s close acquaintance with one of the plotters of the assassination attempt on Hitler and it became evident that there was a powerful family history to be traced, and a story to be told. Piecing together extensive correspondence from the war years, A Dual Perspective is the moving memoir of a German orphan who built a new future away from home, and the story of the family he loved and lost along the way.

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Book SynopsisFor approaching two decades, family courts have been accused of making life changing decisions about children and who they live with made in secret, away from the scrutiny of the public gaze. Recognising the force of these accusations, senior family courts judges have, over that time, implemented a raft of rule changes, pilot projects and judicial guidance aimed at making the family justice more accountable and transparent. But has any progress been made? Are there still suspicions that family judges make irrevocable, unaccountable decisions in private hearings? And if so, are those suspicions justified and what can be done to dispel them? In this important and timely new book, Clifford Bellamy, a recently retired family judge who has been at the sharp end of family justice during all these changes, attempts to answer those questions and more. He has spoken to leading journalists, judges and academic researchers to find out what the obstacles to open reporting are – be they legal, economic or cultural - and interweaves their insights with informed analysis on how the laws regulating family court reporting operate. Along the way he provides a comprehensive review of the raft of initiatives he has seen come and go, summarises the position now and uses this experience to suggest how this fundamental aspect of our justice system could adapt in the face of this criticism. Every professional working in the family justice system – lawyers, social workers, court staff and judges - as well as those who job it is to report on legal affairs, should read this informative, nuanced exposition of what open justice means and why it matters so much to those whose lives are upended by the family justice system.

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Book SynopsisAlex Donovan, a young refugee lawyer, is in crisis. His boss has relegated him to humdrum corporate case work, not the cut and thrust of immigration appeals he loves. Helping desperate clients reach safety is what makes being a lawyer bearable. Meanwhile, the woman he adores, hotshot immigration barrister Amy, is increasingly distant. So Alex sets out on a quest, to regain the confidence of his boss, his old job and the affection of Amy. As life imitates art, will he succeed?

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Book SynopsisThis book offers an in-depth analysis of the case of Corbett v Corbett, a landmark in terms of law’s engagement with sexual identity, marriage, and transgender rights. The judgement was handed down in 1970, but the decision has shaped decades of debate about the law’s control and recognition of non-normative gender identities. The decision in this case – that the marriage between the Hon. Arthur Corbett and April Ashley was void on the grounds that April Ashley had been born male – has been profoundly influential across the common law world, and came as a dramatic and intolerant intervention in developing discussions about the relationships between medicine, law, questions of sex versus gender, and personal identity. The case raises fundamental questions concerning law in its historical and intellectual context, in particular relating to the centrality of ordinary language for legal interpretation, and this book will be of interest to students and scholars of language and law, legal history, gender and sexuality. Table of ContentsChapter 1: IntroductionChapter 2: Intellectual BackgroundChapter 3: Legal Sex and MarriageChapter 4: The Decision in Corbett v CorbettChapter 5: Ordinary Meaning Beyond the Law/Fact DistinctionChapter 6: ConclusionIndex

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Book SynopsisThis book breaks new theoretical ground by constructing a framework of ‘relational vulnerability’ through which it analyses the disadvantaged position of those who undertake unpaid caregiving, or ‘dependency-work’, in the context of the private family. Expanding on existing socio-legal scholarship on vulnerability and resilience, it charts how the state seeks to conceal the embodied and temporal reality of vulnerability and dependency within the private family, while promoting an artificial concept of autonomous personhood that exposes dependency-workers work to a range of harms. The book argues that the legal framework governing the married and unmarried family reinforces principles of individualism and rationality, while labelling dependency-work as a private, gendered, and sentimental endeavor, lacking value beyond the family. It also considers how the state can respond to relational vulnerability and foster resilience. It seeks to provide a more comprehensive understanding of resilience, theorising its normative goals and applying these to different hypothetical state responses. Trade Review“The book provides a clear and understandable account of complex theoretical literature, while retaining focus upon the application of these theoretical ideas … . this book provides an excellent distillation of the role that ‘relational vulnerability’ could play in the legal regulation of adult personal relationships, offering some interesting potential solutions for the future. … book is a strong addition to the literature on the legal understanding of adult personal relationships and on the relationship between law and vulnerability theory.” (Alan Brown, International Journal of Law, Policy and the Family, December 11, 2021)Table of ContentsChapter 1: Introducing Relational Vulnerability.Chapter 2: Embodiment, Temporality and the Private Family.Chapter 3: Relational Vulnerability: Economic, Psychological, Spatial.Chapter 4: Vulnerability, Law and the Married Family. Chapter 5: Vulnerability, Law and the Unmarried Family. Chapter 6: Theorising Resilience.Chapter 7: Imagining the Responsive State.Chapter: 8 Concluding Thoughts.

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Book SynopsisThis book provides a timely analysis of the use of cultural narratives and narratives of credibility in rape trials in England and Wales, drawing on court observation methods. It draws on data from rape and sexual assault trials in 2019 which is used to examine the current status of newly emerging issues such as the use of digital evidence and the impacts of increasing policy attention on rape trials. Drawing on the concept of master narratives, the book provides an examination of rape myths and broader cultural narratives focussing on the intersections of gender and class and it also touches on the intersections of age, (dis)ability and mental health. It emphasizes the importance of situating rape myth debates and sexual violence research within a broader cultural context and thus argues for widening the lens with which rape myths in the courtroom, as well as in the wider criminal justice system, are viewed in research and contemporary debates. The findings presented in this book will help further discussion at a critical time by enabling scholars, as well as practitioners and policymakers, to better understand the current mechanisms that serve to undermine and retraumatise victim-survivors in the courtroom. It seeks to inform further research as well as positive changes to policy and practice.Table of ContentsChapter 1:- Introduction.- Chapter 2:- Rape Myths in the Courtroom.- Chapter 3:- Respectability.- Chapter 4:- Honesty and excuses.- Chapter 5:- What needs to change?

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Book SynopsisThis book explores how the law and the institutions of the criminal justice system expose minorities to different types of violence, either directly, through discrimination and harassment, or indirectly, by creating the conditions that make them vulnerable to violence from other groups of society. It draws on empirical insights across a broad array of communities and locales including Afghanistan, Colombia, Pakistan, India, Malawi, Turkey, Brazil, Singapore, Puerto Rico, and the Philippines. It examines the challenges of protecting those at the margins of power, especially those whom the law is often used to oppress. The chapters explore intersecting, marginal identities influenced by four factors: rebuilding after violent regimes, economic interest behind the violence, entrenched cultural biases, and criminalisation of diversity. It provides scholars from the Global North with important lessons when attempting to impose their own solutions onto nations with a different history and context, or when applying their own laws to migrants from the Global South nations explored in this book. It speaks to legal and social science scholars in the fields of law, sociology, criminology, and social work. Table of ContentsPart I. Rebuilding after violence. - Chapter 1. The Caradiru Prison Massacre and Ongoing Military Repression in Brazil (Emilio Meyer, Marta Machado). - Chapter 2. Politics before Law: The New Penal Code of 2017 and its Limited Protections for Ethnic Minorities in Post-Conflict Afghanistan (Bashir Mobasher, Nasiruddin Nezaami). - Chapter 3. “Between denial and memory” a socio-legal reading of securitisation narratives in Transitional Colombia (Gustavo Rojas Paez). - Part II. Economic interest and the state. - Chapter 4. Enforcing Exclusion through the Law: The National Register of Citizens in India (Suraj Gogoi). - Chapter 5. Colonial Legal Continuities in Post-Colonial Pakistan: A look at the construction of law, ownership and crime (Sabeen Kazmi). - Chapter 6. (Cr)Immigration and Merit-Based Migration in the Global South: Policing "Alcoholic Indians" and "Bangladeshi Terrorists" in Singapore (George Radics). - Chapter 7. Disciplining colonial subjects: Neoliberal Legalities, Disasters and the Criminalization of Protest in Puerto Rico (José Atiles Osoria). - Part III. Entrenched cultural biases. - Chapter 8. “Truth” and “Consent” in Sexual Violence Reporting in Criminal Justice and Legal Contexts in Singapore (Dr Joseph Greener, Stacy Ooi). - Chapter 9. Between Toys and Behind Bars: Mothers in Jail in the State of Ceará, Brazil (Lara Nascimento Meneses, João Araújo Monteiro Neto, Nestor Eduardo Araruna Santiago). - Chapter 10. The “War on Drugs” in Philippine Criminal Courts: Legal Professionals' Moral Discourse and Plea Bargaining in Drug-Related Cases (Pablo Ciocchini, Jayson Lamchek). - Part IV. Criminalisation of Diversity. - Chapter 11. Circuits of Law: Everyday Criminalisation of Transgender Embodiment in Istanbul (Ezgi Taşcıoğlu). - Chapter 12. Reaffirming Womanhood: Young transwomen and online sex work in Philippines (Veronica Gregorio). - Chapter 13. A queer chinkhoswe: Reimagining the customary in Malawi (Nigel Timothy Mpemba Patel).

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Book SynopsisWhat should be done about cultural property confiscated in the Soviet Occupation Zone and the GDR? This legal appraisal commissioned by the Deutsches Zentrum Kulturgutverluste (German Lost Art Foundation) enables public institutions and their funding providers to assess the legal position of collection items seized in the Soviet Occupation Zone and the GDR, and identifies legal options for action. Thomas Finkenauer and Jan Thiessen present a compendium classifying 13 case groups along with the historical circumstances of their confiscation and the legal consequences. The report also serves provenance research through this overview, which has not been available in such a form before. First legal compendium on the confiscation of cultural property in the Soviet Occupation Zone and the GDR Legal analysis and regulatory options for action Reference work for provenance research

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