Law and society, sociology of law Books

Book SynopsisMoving beyond the question of whether an area of scholarly investigation can truly be characterized as ''legal'', Exploiting the Limits of Law combats the often unhelpful constraints of law''s subject-matter and formal processes. Through a process of reflection on the limits of law and repeated efforts to redraw them, this book challenges the general sense of pessimism among feminists and others about the usefulness of law as an instrument of change. The work combines theoretical analysis of the law''s boundaries with investigation of the practical settings for changing legal and policy environments. Both the empirical focus of this volume, and its underlying theoretical concern with the limits of the law and its gender implications, render it of interest to legal scholars throughout the world, whether of EU law, feminism, social policy or philosophy.Trade Review'This book deepens our understanding of Swedish legal feminism by contextualising it within the paradigms and epistemologies of Nordic legal scholarship. The authors’ thoroughgoing excavation of the field and their sustained, feminist challenge to the boundaries and limits of accepted legal knowledge, are both thought-provoking and inspiring.' Professor Rosemary Hunter, University of Kent, UK and Chair, Working Group on Gender and Law, Research Committee on Sociology of Law 'This joint Swedish-Australian edited book is useful and inspiring for those generally interested in contemporary understandings of law in a changing world. It takes advantage of the fact that this world is legally plural. The challenges to Nordic understandings of law and to feminist pessimism offered in the diverse theoretical and practice oriented contributions are both timely and uplifting.' Professor Hanne Petersen, University of Copenhagen, Denmark 'Exploiting the limits of law is a well-edited collection of exciting articles moving beyond the disciplinary question of what exactly should or could be characterised as 'legal' studies. The book offers very helpful critical analysis for all those interested in Scandinavian realism, legal dogmatics, current developments in welfare state feminism and the shortcomings of critical legal studies in the Nordic context, from a feminist point of view. It also contributes to the critical discussion on how to approach the question of law and politics, and how to challenge the social inequalities and power structures that reproduce gender inequalities and sexual hierarchies. The book is very suitable for use as course material in EU law, feminist jurisprudence, social policy, history of law and women's law.' Feminist Legal StudiesTable of ContentsChapter 1 Reflecting the Epistemology of Law – Exploiting Boundaries, ÅsaGunnarsson, Eva-MariaSvensson, MargaretDavies; Chapter 2 Boundary-Work in Legal Scholarship, Eva-MariaSvensson; Chapter 3 An Apparent Boundary Between Law and Politics, ÅsaPersson; Chapter 4 Legal Texts as Discourses, JohannaNiemi-Kiesiläinen, PäiviHonkatukia, MinnaRuuskanen; Chapter 5 Beyond Constructed Boundaries in Criminal Law Discourse, MonicaBurman; Chapter 6 Children Crossing Borders – On Child Perspectives in the Swedish Aliens Act and the Limits of Law, EvaNilsson; Chapter 7 Challenging the Heteronormativity of Law, GörelGranström; Chapter 8 Social Insurance Law – The Core of Swedish Welfare Law, RuthMannelqvist; Chapter 9 Challenging one Fundamental Norm in Labour Law – the Exception of the Employer’s Family and Home, CatharinaCalleman; Chapter 10 Exclusion of Solo Mothers in the Welfare State, LenaWennberg; Chapter 11 Gender Equality and the Diversity of Rights and Obligations in Swedish Social Citizenship, ÅsaGunnarsson; Chapter 12 Notes Towards an Optimistic Feminism, MargaretDavies;

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Book SynopsisThis edited collection brings together leading academics in their respective fields to examine the European Union''s impact on media and public policy. It provides an analysis of the broader areas of EU policy and links these together to give a greater appreciation of the nuances and scope of EU regulatory initiatives and their impact on the member states. Under a broad public interest perspective, the authors provide an assessment of the success of EU policy in protecting the public interest in the culture industries and respecting certain normative principles and balancing these with market dynamics.Trade Review'This comprehensive and indispensable guide to European Union policy for the cultural industries is enlightening, well informed, well written and up to date. Authoritatively covering innovation in European cultural and media governance, competition law and regulation and the articulation of European policies on copyright, protection of minors, film, television and telecommunications, this book is a model of its kind.' Richard Collins, Open University, UK 'An important contribution deserving of wide readership, this comprehensive collection of expert contributions explores the European Union's role across a range of policy issues in the communications sector. At once authoritative and accessible, it sheds light on the complexities of the relationship between the EU institutions and the Member States, providing a fascinating account of the jurisdictional grey areas and the tensions inherent in the EU's system of multi-level governance.' Peter Humphreys, University of Manchester, UK.Table of ContentsThe European Union and the Culture Industries

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Book SynopsisJirà PribÃn''s book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy. Furthermore, the author shows that the system of positive law has a symbolic meaning, reflecting how it also contributes to the semantics of political identity, democratic power and moral values, as well as the complex relations between law, politics and morality.Trade Review'Jiri Priban brilliantly challenges us to rethink our conventional ideas about the relationship between morality, culture and law - in particular, constitutional law. In this erudite and compelling book, he takes up the thorniest problems of today’s Europe, including the enlargement of the European Union and post-communist constitution-making in Central Europe, and analyses them against the theory of symbolic communication through law. A bold, ambitious, relentlessly intelligent work.' Wojciech Sadurski, Professor in the Department of Law; European University Institute in Florence. 'Jirí Pribán's rich and sophisticated discussion thoughtfully explores law's complex interactions with morality and politics, and the crucial significance of constitutions in linking legal, moral and political systems. Not least, he highlights major implications for European politics today of the legal and constitutional realities he identifies.' Roger Cotterrell, Anniversary Professor of Legal Theory Queen Mary, University of London 'Pribán manages to put together a timely exposition of the connection between law, politics and morality, both abstractly and in the context of post-communist Central Europe, through a convincing reworking of his previous theses and and expansion in the direction of a firmer understanding of temporality.' International Journal for the Semiotics of LawTable of ContentsContents: Series editor's preface; Introduction; Part I Theory of Symbolic Communication in Law: A Social Systems Perspective: Constitution-making and the symbolic rationality of law: a systemic differentiation of law, politics and morality; The symbolic evolution of political identity from the spirit of the laws; Law and the symbolization of time: the limits of dealing with the past and the future. Part II Identity and Law: European Reflections on Demos and Ethnos: Civil and ethnic traditions and identities: post-communist constitution-making in Central Europe; Identity, constitution-making and the enlargement of the European Union; The symbolic power of European law and search of European politics. Part III The Temporality of Justice: Between Retrospective Laws and Prospective Politics: The retrospectivity of laws and the temporality of justice in post-communist Central Europe; Moral paradoxes of legal justice: an analysis of restitutive and administrative dealing with the past; On legal symbolism and social theory: concluding remarks; Bibliography; Index.

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Book SynopsisThis book provides the first comprehensive analysis of the immediate and likely longer-term consequences of Brexit for the UK's competition law regime and includes the competition and subsidy control provisions of the EU-UK Trade and Cooperation Agreement. It has been written to be of value to scholars and practitioners of competition law, whilst also providing a useful guide to readers with only limited understanding of competition rules. The book provides a detailed critical discussion of how Brexit impacts on five key aspects of competition policy in the UK: legislation, institutions and cooperation; antitrust rules that prohibit anti-competitive agreements and the abuse of a dominant position; private enforcement, in particular actions for damages; regulation of mergers and acquisitions; and State aid or subsidy control rules. Table of ContentsIntroductionChapter 1 – Legislation, Institutions and CooperationChapter 2 – Anti-competitive Agreements and Abuse of DominanceChapter 3 – Private EnforcementChapter 4 – Merger Regulation Chapter 5 – State Aid LawConclusion

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Book SynopsisThis volume examines European and national higher-court decisions on social media from the perspective of fundamental rights and judicial dialogue.While the challenges social media poses for public policy and regulation have been widely discussed, the role of courts in this evolving legal area, especially from a fundamental-rights standpoint, has hitherto remained largely underexplored. This volume probes the contribution of national and European judiciaries to the protection of fundamental rights in a social media setting and delves into patterns of dialogue and interaction between domestic courts, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR), and between the CJEU and the ECtHR. The book specifically examines the extent and ways in which national and European judges incorporate fundamental rights reasoning in their social media rulings. It also investigates the nature and breadth of the use of European supranational case law in domestic judicial assessment and analyses the engagement of the CJEU and the ECtHR with the otherâs case law. In doing so, the book instils jurisprudential dynamics into the study of social media law and regulation, exploring in particular the effects of European constitutionalism on the shaping and enforcement of fundamental rights in a social media context.Written by emerging and established experts in the field, this book will be essential reading for scholars of comparative, European and constitutional law, as well as those with a particular interest in digital technologies and social media.

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Book SynopsisEssential Dispute Resolution for SQE1 explains the key principles of dispute resolution in a clear, easy-to-follow style. Principles are introduced and illustrated with reference to realistic examples, commonly used court forms, and tables. The book provides an overview of three processes for resolving civil disputes, forming part of the dispute resolution continuum, followed by a fluent narrative account of key principles of civil procedure. The guide also includes a range of supporting features: Chapter overviews Revision points: Each chapter concludes with a concise list of key revision points Multiple choice questions: Each section of the book provides multiple choice questions following the SQE1 question format (with answers to enable you to test your knowledge) In a series of books aimed at those preparing for SQE1, this concise and accessible text provides a clear understanding of the dispute resoluTable of ContentsPart 1: Different options for dispute resolution 1. Introduction: Arbitration, mediation and litigation as an appropriate mechanism to resolve a dispute Part 2: Pre-action considerations and steps 2. Resolving a dispute through a civil claim: preliminary considerations: limitation, pre-action protocols Part 3: Commencing, responding to or progressing a claim 3. Where to start proceedings 4. Issuing and serving proceedings 5. Responding to a claim Part 4: Case management and any interim applications relevant to a claim 6. Case management 7. Interim applications Part 5: The evidence needed, and disclosure steps required in commencing, responding to, progressing or defending a claim 8. Evidence 9. Disclosure and inspection Part 6: Preparation of a case for a trial, the trial and any post trial steps 10. Trial 11. Appeals 12. Enforcement Part 7: Procedures and processes relevant to costs involved in dispute resolution 13. Costs 14. Answers to multiple choice questions

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Book SynopsisExploring the balanced budget rule as an economic standard and as a legal principle, this book explains the context and content of the balanced budget rule and presents a critical appraisal of its impact on legal systems, political institutions and social values, and particularly an evaluation of its constitutionalization in the European and national legal systems.Examining a range of perspectives on the balanced budget rule as a legal principle, a series of chapters investigate the feasibility and effectiveness of the balanced budget rule. The book considers the impact this may have on the separation of powers within the state, on democratic decision-making, on the European social model and on the protection of fundamental social rights within the European Union. It suggests that this impact goes beyond the ethical issue of the public debt considered as a burden placed on future generations, and beyond injunctions imposed by international financial institutions on national public finances. The transfiguration of fiscal discipline from an economic requirement into a legal rule demanding a balanced budget embodies a challenge to the political nature of the budgetary process while creating the flexibility needed in order to further fiscal federalism within the European Union.This book argues that the balanced budget rule is nothing more than it has always been: an instrument for devising public policies in a rational manner, a tool for conceiving qualitative choices regarding the well-being of citizens.Table of ContentsIntroduction - Balanced budget rule and/in the LawEric Oliva, Elena-Simina TanasescuPart I: Balanced Budget as Normative and Economic StandardChapter 1: Balanced budget as a substantive legal rule Gilbert Orsoni Chapter 2: On the economic concept of a balanced budget Thomas Stauffer Part II: Balanced Budget as Constitutional RuleChapter 3: The German Debt Brake Ralph Schenke Chapter 4: The Constitutional stakes of the "golden rule" Marc Verdussen Part III: Balanced Budget and Separation of Powers Chapter 5: Balanced budget rule and representative democracy Giulia Aravatinou Leonidi Chapter 6: The Financial Local Autonomy – A Tale of Balanced Budgets and Vertical Separation of Financial Power Simona Gherghina Chapter 7: Balanced budget rule and the transversality of agencies Bogdan Iancu Part IV: Balanced Budget, Governance and Fundamental Rights Chapter 8: Balanced budget rule and social rights George Katrougalos, Daphne Akoumaniaki Chapter 9: The organizational foundations the IMF’s doctrinal turn on fiscal policy after the Great Recession Cornel Ban Final remarks - Balanced Budgets: the Vanity of a PrincipleMichel Bouvier

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Book SynopsisThis is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice. Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a âone size fits allâ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on Table of ContentsTable of Cases, Preface, Part I Muddying the Water: Incorporation of Arbitration Clauses in Shipping, Reinsurance, and Construction Chain Contracts, Chapter 1 The Foundations of Incorporation and Arbitration Clauses, Chapter 2 Incorporation of Charterparty Arbitration Clauses into Bills of Lading, Chapter 3 Incorporation of Arbitration Clauses into Reinsurance Contracts, Chapter 4 Construction Contracts and the Incorporation of Arbitration Clauses, Chapter 5 Singapore Law and Incorporation of Arbitration Clauses, PART II Not Incorporation – but a Close Analogy: Arbitration Clauses Binding Third Parties, Chapter 6 Arbitration Agreements and Third Parties, Index

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Book SynopsisThe seaworthiness of merchant ships plays a critical role in ensuring the safety of life and property and the prevention of marine pollution. It deals with the fitness and readiness of a ship and its fundamental ability to sail safely to its destination. The standards of seaworthiness extend to literally all aspects of a ship, including the human element, physical structure, documentation, cargo worthiness and so on. It is one of the most complicated concepts in the maritime regulatory regime, and it takes many forms. However, although one of the most important terms in maritime transportation and ship management, seaworthiness is not an absolute concept, but a relative one, dependent on the particular environment, context and facts, and the standards of seaworthiness have changed greatly with the introduction of new maritime regulations over the years. The existing literature on seaworthiness is found within a variety of dedicated articles or book chapters. This book summariTable of ContentsPreface, 1. Introduction The Concept of Seaworthiness, 2. Seaworthiness of The Vessel, 3. Cargoworthiness, 4. Cargo Stowage, 5. Fire, 6. Crew and Spare Parts, 7. Vessel's Certificates and Documents, Index

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Book SynopsisThis book examines and explains the law relevant to bareboat or demise charterparties, a common form of maritime contract used by both operators of vessels and also as a form of lease finance. Its principal aim is to set out a structured analysis of all the rights and obligations of the parties to a bareboat charter. This will include consideration of the nature of the contract, its uses (both historical and current) in the market, and the key clauses in the standard form and commentary thereon.Providing a clause-by-clause analysis commentary on all the provisions of the BIMCO BARECON, and all decisions relevant to those clauses, Bareboat Charters addresses important topics such as termination, repossession and damages from an English law standpoint, adding useful guidance for practitioners. It considers general issues of contract and/or maritime law so far as they relate to bareboat charters, and extracts or summarises key passages of important case law.This book will serve as the standard reference work on the law relating to bareboat charters, providing comprehensive treatment of the subject, accessible and useful to shipping lawyers and also to shipowners, charterers, P&I Clubs, and other insurers.

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Book SynopsisTaking a fresh and modern approach, Contemporary Family Law: Principles and Practice gives students all the information they need to develop a clear understanding of this fascinating area of the law. Covering the very latest developments in family law, each chapter uses contemporary cases as a window to introducing core legal concepts, principles and developments, emphasising the dynamism and evolving nature of family law, in which practitioners, campaigners, law reformers and students all play their part.Key features include: Developments in family law are considered not only from a vantage point of judicial decision making but also from the perspective of the contribution made by solicitors, barristers and experts. This encourages students to develop a sense of their own potential agency when as future practitioners they represent their clients and engage in law reform In considering legal argument and case determination, the book places equality

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Book SynopsisThis is the first and leading comprehensive guide to security for costs in international arbitration, including commercial and investment arbitration, providing a text which will be the key resource for those considering, making and ruling on applications for security for costs. It is the first and only work to consider the 40+ factors informing the discretion to award security for costs.The author begins with an introduction and description of the security of costs controversy in international arbitration, and then explains the developing approach of arbitral tribunals to applications for security for costs, with reference to decisions published by ICC and ASA, and statistics of LCIA and decisions of the UK courts when they had the power to grant security for costs in international arbitration. The book features an analysis of the reasons given for restricting security for costs in international commercial arbitration to âexceptional circumstancesâ or similar. The author con

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Book SynopsisThis book provides the European structure of liability for failed contract negotiations through a comparative lens, with wider lessons for an international context.The book demonstrates that all the analysed legal systems, in Belgium, France, Germany, Italy, and the Netherlands, can be best understood through a binary structure in their approach to pre-contractual liability, or culpa in contrahendo. This structure consists of two key elements: first, a general liability framework that allows for compensation of pure economic loss based on certain qualified conduct, such as negligence; and second, an implicit obligation to contract, which, though not explicitly recognized, is presumed in most systems. The book argues that this dual framework provides valuable insights into ongoing scholarly debates and the challenges practitioners face in cases of failed contract negotiations. Drawing on these insights, it proposes a more effective approach to the obligation to contract: one that encourages parties to collaborate in reaching an agreement voluntarily rather than imposing one upon them.This book will be of interest to researchers in the field of comparative contract and tort law, European private law, and private law theory.

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Book SynopsisIn 1856, the US Supreme Court denied Dred Scott, now free of slavery, his Constitutional rights, solely because he was black. According to the Court, when the Constitution was drafted, some 60 years earlier, its authors would not have intended that a subordinate and inferior class of beings' qualified as citizens of the United States. Thus, the meaning of language drafted over half a century before was frozen in time.This case, perhaps more than any other, demonstrates that the matter of statutory interpretation is critical, technical, and, sometimes, highly emotive. The case is not a mere nugget from history to indulge our disgust with values of another age, and with it a satisfaction of our progress to today's higher moral ground. It is the unfortunate case that the senior courts of England continue to produce highly contentious interpretations of our equality and discrimination laws. This book examines these cases from the perspective of statutory inteTrade Review‘This is beautifully written and develops a thoughtful, innovative and interesting argument on a matter of considerable importance. The method used entails an unusual, multi-layered and deep analysis of well-trodden ground, leading to thought-provoking, well-reasoned conclusions and some pragmatic practical proposals.'Lizzie Barmes, Professor of Labour Law & Co-Director QMUL School of Law Centre for Research on Law, Equality and Diversity, Queen Mary University of LondonTable of ContentsTable of authoritiesPreface1 INTRODUCTION 2 COMMON TOOLS OF STATUTORY INTERPRETATION 3 AN INTRODUCTION TO THEORIES AND AIMS OF DISCRIMINATION LAW4 THE COMMON LAW AND EQUALITY 5 THE BENIGN MOTIVE ‘DEFENCE’ AND DIRECT DISCRIMINATION 6 THE BENIGN MOTIVE ‘DEFENCE’ AND VICTIMISATION7 VICTIMISATION AND CONTEMPT OF COURT8 PROBLEMS WITH INDIRECT DISCRIMINATION9 DISABILITY-RELATED DISCRIMINATION 10 CONCLUSIONBibliographyIndex

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Book Synopsis?[Optimize is] ideal for undergraduate students at all levels. The content is of a high standard, easy to read and understand. The materials are very catching and easy on the eye making it easy to read and digest the materials?an essential study tool for all law students'' - George Ellison, Derby?I am really impressed?the strengths are the user friendly format, clear explanations, helpful diagrams/flowcharts and appropriate suggestions for analysing the issues concerned? - Katherine Davies, NorthumbriaThe Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to: Understand the law and remember the details o using diagrams and tables throughout to demonstrate how the law fits togetherContextualise your knowledge o identifying and explaining how to apply legal principles for important cases o providing revision advice to help you aim higher in essays and examsTrade Review‘[Optimize is] ideal for undergraduate students at all levels. The content is of a high standard, easy to read and understand. The materials are very catching and easy on the eye making it easy to read and digest the materials…an essential study tool for all law students’ - George Ellison, Senior Lecturer in Law, University of Derby‘I am really impressed by the book…the strengths are the user friendly format, clear explanations, helpful diagrams/flowcharts and appropriate suggestions for analysing the issues concerned’ - Katherine Davies, Senior Lecturer, Northumbria University‘I really liked the topics 'maps' at the start of each section, it's helpful for students to see how each topic links with each other. The visual features of the book are brilliant, as I find so many students to be visual learners. The revision objectives are great to demonstrate to the student exactly what they should know before the exam. ‘- Hayley Roberts, Lecturer in Law, Bangor University‘Comprehensive, but concise…the main strength of the publications are the excellent summaries/overviews, and maps of the relevant points.’ - Bogusia Puchalska, Senior Lecturer, UCLAN‘As a revision guide, I can see this text as an invaluable student companion. It contains a variety of student-friendly features. In particular, the ‘chapter maps’ and summaries of the key cases, which are presented in a table/diagram format, stand out. The use of everyday examples will help students to put into context the concepts/principles they’ve learnt about. ‘Common pitfalls’ and ‘aim higher’ are excellent features too, enabling students to develop their understanding of the topics. Pitched at the appropriate level…the text is written in a simple, straightforward style, making it easy for students to understand.’ - Andrea Cerevkova, Senior Lecturer in Law, Edge Hill University‘…presented in a very attractive and eye catching way. Strengths are the copious use of flowcharts and the sufficient depth of explanation.’- Keith Gompertz, Senior Lecturer in Property Law, Coventry University‘I think this format helps concentrate the student mind onto key issues in revision. - Prof. Chris Gale, Bradford University Law SchoolTable of Contents1. Introduction 2. Human Rights and the Rule of Law 3.Sources of Law I - Legislation, EU Law and Statutory Interpretation. 4. Sources of Law II - The Common Law, Equity and Judicial Precedent 5. Civil Justice 6. Alternative Dispute Resolution 7. Criminal Justice 8. The Judiciary 9. Juries 10. Funding of Legal Services 11. Preparing for the Exam

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Book SynopsisThis book provides the first comprehensive analysis of the immediate and likely longer-term consequences of Brexit for the UK's competition law regime and includes the competition and subsidy control provisions of the EU-UK Trade and Cooperation Agreement. It has been written to be of value to scholars and practitioners of competition law, whilst also providing a useful guide to readers with only limited understanding of competition rules. The book provides a detailed critical discussion of how Brexit impacts on five key aspects of competition policy in the UK: legislation, institutions and cooperation; antitrust rules that prohibit anti-competitive agreements and the abuse of a dominant position; private enforcement, in particular actions for damages; regulation of mergers and acquisitions; and State aid or subsidy control rules. Table of ContentsIntroductionChapter 1 – Legislation, Institutions and CooperationChapter 2 – Anti-competitive Agreements and Abuse of DominanceChapter 3 – Private EnforcementChapter 4 – Merger Regulation Chapter 5 – State Aid LawConclusion

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Book SynopsisThis volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural ways in which legal cultures work in a modern society, through the metaphor of the mirror. As a mirror of society, it distinguishes between the structure and function of legal culture within the legal system, and the external representation of law in society. This duality is further problematized in relation to the increasing transnationalisation of law. Based on a multi-level interpretation of the concept of legal culture, the work is divided into three parts: the first addresses the mutual reflections of social and legal norms that support a pluralist representation of internal legal cultures, the second concentrates on the external legal cultures that constantly enable pragmatic adjustments of the legaTable of ContentsIntroduction; PART I TOWARDS A REFLEXIVE LEGAL CULTURE; 1. The Normative Anatomy of Society; 2. A Typology of Legal Cultures; 3. Pluripoiesis of Law and the Kaleidoscope of Legal Cultures; 4. Towards a Global Legal Culture? Spaces of Law in the Transnational Constellation; 5. Competing Mirrors. Law’s Blind Spots in Philosophical and Social-Scientific Review; PART II ON THE MULTIDIMENSIONAL FUNCTIONING OF LEGAL SYSTEMS; 6. Normative Force and Political Intelligence; 7. Balancing Legal Principles and Legal Topics; 8. Questionable Neutrality. Personal Values in Judicial Adjudication; 9. The Leaking Law; 10. The Postmodern Administrative Law; APPENDIX; 11. The Sociological Observation of the Theory and Practice of Law; 12. Some Problems with Reflexive Law;

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Book SynopsisAs the distributed architecture underpinning the initial Bitcoin anarcho-capitalist, libertarian project, ''blockchain'' entered wider public imagination and vocabulary only very recently. Yet in a short space of time it has become more mainstream and synonymous with a spectacular variety of commercial and civic ''problem''/''solution'' concepts and ideals. From commodity provenance, to electoral fraud prevention, to a wholesale decentralisation of power and the banishing of the exploitative practices of ''middlemen'', blockchain stakeholders are nothing short of evangelical in their belief that it is a force for good. For these reasons and more the technology has captured the attention of entrepreneurs, venture capitalists, global corporations and governments the world over. Blockchain may indeed offer a unique technical opportunity to change cultures of transparency and trust within cyberspace, and as revolutionary' and disruptive' has the potential to shift global socioecoTable of ContentsIntroductionPart I Regulating blockchain 1 BlockchainInterlude I: Supplementing the memory economic: … Wampum, memex, transcopyright, blockchain … 2 A regulatory conundrum3 Regulatory tradition4 Blockchain the regulatorInterlude II: Regulatory technology: Louis-Sebastien Mercier’s tax trunkPART II Critical perspectives5 Setting the sceneInterlude III: Anarchic technologies for anarchic economies: the ‘yellow trade’ of the Yorkshire coiners6 Blockchain as an ethics of neoliberal political economy7 The psycho-politics of blockchainInterlude IV: A dangerous lack of law: man with machine in Kurt Vonnegut’s Player Piano8 Critical regulationIndex

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Book SynopsisThis book introduces and explores the concept of multilingual law. Providing an overview as to what is 'multilingual law', the study establishes a new discourse based on this concept, which has hitherto lacked recognition for reasons of complexity and multidisciplinarity. The need for such a discourse now exists and is becoming urgent in view of the progress being made towards European integration and the legal and factual foundation for it in multilingualism and multilingual legislation. Covering different types of multilingual legal orders and their distinguishing features, as well as the basic structure of legal systems, the author studies policy formation, drafting, translation, revision, terminology and computer tools in connection with the legislative and judicial processes. Bringing together a range of diverse legal and linguistic ideas under one roof, this book is of importance to legal-linguists, drafters and translators, as well as students and scholars of leTrade Review'Drawing a broad picture of the numerous dimensions of multilingual law from various viewpoints of law and language, this book provides an excellent introduction to multilingual legal drafting, legal translation, legal lexicography and related areas. Its focus on practical matters makes it particularly useful for practitioners and students.'Susan Šarčević, University of Rijeka, Croatia'Colin Robertson provides a practical perspective on multilingual law, the culmination of his experience as a lawyer-linguist at the European Union. His insightful approach to the topic constitutes an original contribution to this interdisciplinary field, and even lay readers will be attracted by his highly engaging style of writing.'Christopher Williams, University of Foggia, Italy`A masterly study of the subject, combining a wealth of scholarly research with the author’s extensive practical experience.’Professor Thomas G. Watkin, Formerly First Welsh Legislative Counsel, UKTable of ContentsPART I: Introduction; 1: The concept of multilingual law; 2: Framework of models and an overview; PART II: Law; 3: Viewpoints of law; 4: Legal texts; 5: Law of language(s); PART III: Language; 6: Viewpoints of language; 7: Language(s) for legal purposes; PART IV: Signs; 8: Law and language as signs; PART V: Meaning; 9: Texts, terms and meanings; PART VI: Translation and revision; 10: Viewpoints of translation; 11: Revision; PART VII: Back-up, support and training; 12: Tools and technology; 13: Education and training; PART VIII: Framework, models and applications; 14: Framework for analysis and understanding; 15: Multilingual law; Appendices;

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Book SynopsisThis collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they consider the historical, political and legal circumstances as well as analysing the relevant case law of the domestic courts; the third part provides a comparative analysis of the country reports. The final chapter assesses the influence and relevance of EU law and the ECHR. The book thus identifies the most important trends and makesTrade ReviewThe efficacy of legal protections for rights is a live issue across Europe, within individual jurisdictions and pan-European legal structures. Szente and Lachmayer have compiled a collection that provides a detailed account of effective legal protection as delivered by national administrative laws. The book provides a jurisdictionally wide-ranging resource for comparative administrative lawyers, and a fascinating counterpart to studies of procedural justice at the European level.Professor Roger Masterman, LLB, LLM, AKC, Professor of Law and Head of School, Durham Law School, Durham University.Table of ContentsIntroduction - Zoltán Szente and Konrad LachmayerI. Conceptual Basis and International BackgroundChapter 1: Conceptualising the Principle of Effective Legal Protection in Administrative LawZoltán SzenteChapter 2: Effective Legal Protection in the European Legal OrderChristoph GörischChapter 3: Creating a European-wide Standard of Effective Legal Protection: The European Convention on Human RightsMarten BreuerChapter 4: Effective Legal Protection in International LawStephan WittichII. The Principle of Effective Legal Protection in National Administrative JurisdictionsChapter 5: The Principle of Effective Legal Protection in Austrian Administrative LawUlrike Giera, Konrad LachmayerChapter 6: The Principle of Effective Legal Protection in Danish Administrative LawSøren Højgaard MørupChapter 7: The Effective Legal Protection in French Administrative LawSylvia Calmes-BrunetChapter 8: The Principle of Effective Legal Protection in German Administrative LawDiana Princess of Hohenlohe-OehringenChapter 9: The Principle of Effective Legal Protection in Hungarian administrative lawFruzsina Gárdos-Orosz and István TemesiChapter 10: The Principle of Effective Legal Protection in Italian Administrative LawFulvio CorteseChapter 11: The Principle of Effective Legal Protection in Administrative Law in LithuaniaJurgita Paužaitė-KulvinskienėChapter 12: Dilemmas and Challenges of Legal Protection against Administrative Actions in the Republic MacedoniaGordana Siljanovska-Davkova and Renata Treneska-DeskoskaChapter 13: The principle of effective legal protection in administrative law: the NetherlandsKarianne Albers, Lise Kjellevold and Raymond SchlösselsChapter 14: The Principle of Effective Legal Protection in Polish Administrative Law Joanna LemańskaChapter 15: Effective Legal Protection in Administrative Law in SloveniaErik KerševanChapter 16: The Principle of Effective Legal Protection in Spanish Administrative LawAngel Manuel MorenoChapter 17: The Principle of Effective Legal Protection in the Swiss Administrative LawFelix UhlmannChapter 18: The Principle of Effective Legal Protection in Administrative Law in the United KingdomRobert ThomasIII. Comparative StudiesChapter 19: The Principle of Effective Legal Protection in International and European Law –Comparative ReportKonrad LachmayerChapter 20: The Principle of Effective Legal Protection in Administrative Law – A ComparisonZoltán Szente

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Book SynopsisMuch has been written on specific religious legal systems, yet substantial comparative studies that strive to compare systems, identifying their analogies and differences, have been relatively few. This absence undermines the capacity to understand religions and becomes particularly serious when the faithful of these religions live together in the same geographical space, as happens today with increasing frequency. Both interreligious dialogue and dialogue between States and religions presuppose a set of data and information that only comparative research can provide.This book seeks to address this gap in the literature by presenting a comparative analysis of Christian, Jewish, Islamic and Hindu laws and traditions. Divided into five parts, the first part of the book offers the historical background for the legal analysis that is developed in the subsequent parts. Part II deals with the sources of law in the four religions under discussion. Part III addresses the dynamicTrade Review"Those interested in diversifying perspectives on the foundations of the law in research or in teaching will find this handbook a fantastic resource." - Mariëtta D. C. van der Tol, Religious Studies ReviewTable of ContentsIntroduction. Religious Laws and Their Comparison. Theoretical and Methodological Issues; Section 1. History 1. The Jewish Tradition: A History 2. The Christian Tradition: A History 3. The Islamic Tradition: A History 4. The Hindu Tradition: A History 5. Comparative Remarks: A History of Religious Laws Section 2. Sources of Law 6. Jewish Law: The Sources 7. Christian Law: The Sources 8. Islamic Law: The Sources 9. Hindu Law: The Sources 10. Comparative Remarks: The Sources of Religious Laws Section 3. Dynamics of Belonging and Status 11. Jewish Law: Dynamics of Belonging and Status 12. Christian Law: Dynamics of Belonging and Status 13. Islamic Law: Dynamics of Belonging and Status 14. Hindu Law: Dynamics of Belonging and Status 15. Comparative Remarks: Religious Laws and Dynamics of Belonging and Status Section 4. Marriage 16. Jewish Law: Marriage 17. Christian Law: Marriage 18. Islamic Law: Marriage 19. Hindu Law: Marriage 20. Comparative Remarks: Religious Laws and Marriage Section 5. The Legal Other 21. Jewish Law Perspectives: The Legal Other 22. Christian Law Perspectives: The Legal Other 23. Islamic Law Perspectives: The Legal Other 24. Hindu Law Perspectives: The Legal Other 25. Comparative Remarks: Religious Laws and the Legal Other

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Book SynopsisThe field of human rights and the environment has grown phenomenally during the last few years and this textbook will be one of the first to encourage students to think critically about how many environmental issues lead to a violation of existing rights.Taking a socio-legal approach, this book will provide a good understanding of both human rights and environmental issues, as well as the limitations of each regime, and will explore the ways in which human rights law and institutions can be used to obtain relief for the victims of environmental degradation or of adverse effects of environmental policies. In addition, it will place an emphasis on climate change and climate policies to highlight the pros and cons of using a human rights framework and to underscore its importance in the context of climate change. As well as identifying emerging issues and areas for further research, each chapter will be rich in pedagogical features, including web links to further reseaTrade Review"In a world besieged by pollution, climate change, and declining biodiversity, it is vital to assess whether human rights can help address these challenges. This comprehensive new book by leading experts Sumudu Atapattu and Andrea Schapper offers a clear and timely assessment." -- David Boyd, UN Special Rapporteur on Human Rights and Environment & Associate Professor, Law, Policy, and Sustainability, University of British Columbia, Canada"Environmental degradation and human rights violations are intrinsically intertwined. In this textbook, leading experts Sumudu Atapattu and Andrea Schapper discuss their relationship comprehensively." -- Judge Navanethem Pillay, Former UN High Commissioner for Human Rights"This clear, accessible, student-friendly and comprehensive treatment of human rights and the environment is both timely and welcome. The book addresses, with expertise and clarity, the foundational aspects of the field, offering students a solid understanding of its key institutional and conceptual characteristics. The book also introduces students to important critical themes and provides helpful questions for reflection and discussion. This textbook is likely to prove a most valuable resource for anyone teaching or studying the increasingly important nexus between human rights and the environment." -- Anna Grear, Professor of Law and Theory, School of Law and Politics, Cardiff University, UK"Climate change and environmental destruction are the biggest threats to all species living on the globe. Combined they constitute the worst global and intergenerational injustice. This textbook contributes an exceptional insight to what law brings to addressing the injustices as well as the limitations of the legal regime. In a pedagogical and highly sophisticated manner, the authors combine human rights and environmental justice framed by the UN Sustainable Development Goals. This textbook is not only important to stimulate curiosity and critical reflection for students, it will also be highly inspiring reading for all to whom the survival of the earth is a major concern." -- Morten Kjaerum, Director, Raoul Wallenberg Institute of Human Rights and Humanitarian Law, Sweden"In 2012, the current United Nations Special Rapporteur on Human Rights and the Environment, David Boyd, suggested we are witnessing an "environmental rights revolution". In their new book, Professors Sumudu Atapattu and Andrea Schapper, both prominent scholars in the areas of environmental justice, sustainable development and environmental law, make a timely and important contribution to this "revolution". They provide: a comprehensive survey that frames the issues surrounding human rights and environmental protection; a historical perspective on the emergence of environmental human rights; the advantages and disadvantages associated with the rights-based approach; and a description of regional developments. The book also usefully focuses on specific human rights that are critical for environmental protection, while it discusses climate change and human rights and emerging, but critically important, issues that remain at the periphery of State concern, such as rights of nature and the extraterritorial application of environmental rights." Louis J. Kotzé, Research Professor, North-West University, South Africa"Atapattu and Schapper rigorously dissect the recognition of environmental rights across legal systems and jurisdictions. Focusing on the positive force for good of environmental rights as well as the inherent limitations of the environmental rights agenda, this book is an indispensable resource for students and scholars of this emerging legal phenomenon." -- Ole W Pedersen, Reader in Environmental Law, Newcastle Law School, UK"As the thematic boundaries of the environmental rights landscape continues to expand, the need for a comprehensive exploration of the topic is ever more needed. The authors masterfully situate cutting-edge normative developments within a solid conceptual framework that illuminates the interaction of human rights and the environment." -- Marcos Orellana, Director, Environment and Human Rights Division Human Rights Watch and Adjunct Associate Professor, George Washington University School of Law, USA"In this book, Atapattu and Schapper provide an insightful, interdisciplinary introduction to this new and growing field. The text provides an excellent blend of theory and practice—engaging students in the conceptual, doctrinal, socio-political and practical challenges of using human rights law for environmental protection and sustainable development. The case study on climate change is an effective approach that focusses the student on the details of the most complex and critical environmental challenge. The relationship between climate change and human rights is important enough to warrant this attention in its own right. The case study also allows students to gain a deeper appreciation of the complexities of a rights-based approach to environmental protection than would a text that surveys all environmental issues." -- David Hunter, Professor of Law, American University Washington College of Law, USATable of ContentsPart I: Introduction and Evolution 1. Human Rights and Environmental Protection: Framing the Issues 2. Emergence of a Human Right to a Healthy Environment 3. Pros and Cons of a Human Rights-Based Approach to Environmental Protection 4. Regional Developments Part II: Human Rights of special relevance to Environmental Protection 5. Substantive Right 6. Procedural Right 7. Constitutional Developments 8. Selected National Cases Part III: Climate Change and Human Rights 8. From UNFCCC to Paris Agreement: A Human Rights Assessment 9. From UNFCCC to Paris Agreement: A Human Rights Assessment 10. Social Movements and Civil Society 11. Vulnerability and Climate Change 12. Mitigation, Adaptation, and Loss and Damage Part IV: Emerging issues related to environmental rights 13. Extraterritorial Application of Environmental Rights 14. Business, Human Rights and the Environment 15. Intergenerational Rights, Animal rights, and the rights of Nature and Ecosystems 16. Human Rights and Environment: Square Pegs in Round Holes?

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You've planned your revision and you know your subject inside out! But how do you apply what you have learned to get the best marks in the examination room? Routledge Q&As give you the ideal opportunity to practice and refine your exam technique, helping you to apply your knowledge most effectively in an exam situation. Each book contains approximately fifty essay and problem-based questions on topics commonly found on exam papers, complete with answer plans and fully worked model answers. Our authors have also highlighted common mistakes as well as offering you tips to achieve the very best marks. What's more, Routledge Q&As are written by lecturers who are also examiners, giving you an exclusive insight into exactly what examiners are looking for in an answer.

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Book SynopsisThis volume presents the final results of the CHALLENGE research project (The Changing Landscape of European Liberty and Security) - a five-year project funded by the Sixth Framework Programme of DG Research of the European Commission. The book critically appraises the liberties of citizens and others within the EU, and the different ways in which they are affected by the proliferation of discourses, practices and norms of insecurity enacted in the name of collective and individual safety. It analyses from an interdisciplinary perspective the impacts of new techniques of surveillance and control on the liberty and security of the citizen. The book studies illiberal practices of liberal regimes in the field of security, and the relationship between the internal and external effects of these practices in an increasingly interconnected world, as well as the effects in relation to the place of the EU in world politics.Trade Review'This is the acme of policy-relevant, intellectually coherent scholarship. It explores the challenges facing the EU in providing effective security at, within, and even outside its borders while preserving the personal and societal liberty at the core of democracy. Largely implicit suggestions that a zero-sum relationship between security and liberty can and should be avoided underlie both the framework and the meticulously objective analyses of the several chapters.' Martin O. Heisler, University of Maryland, USA 'Delivering liberty' would seem an obvious task for democracies, but the book - and the CHALLENGE research project that originated it- explores the reasons why this remains a challenge. It interrogates the conceptual, empirical and normative relations between liberty and security and does so by fruitfully contesting the boundaries between different research disciplines and by engaging with policy makers and the public.' Angela Liberatore, Directorate General for Research, European Commission 'This book presents the result of the five-year research project CHALLENGE (The Changing Landscape of European Liberty and Security) which focused on the contemporary balance between liberty and security in Europe... given the monumental size of the research project, which involved 23 universities studying nine issue areas, the editors succeed in granting space to most of the findings of the project.' Political Studies ReviewTable of Contents1: The Changing Landscape of European Liberty and Security; I: Liberty Challenges to the Constitution of Authority; 2: The Changing Dynamics of Security in an Enlarged European Union; 3: Mapping the European Field of Security Professionals; 4: Assuming Responsibility in the Changing Dynamics of Security? The European Security Strategy and the EU as a Security Actor beyond its Borders; 5: The Security Dimension of EU Policies between Legal Provisions and Living Practice: The European Council as the Key; 6: European Governance and the Interplay between Liberty and Security; 7: Transparency and Accountability: From Structuro-Procedural Transparency and Institutional Accountability to Communicating (In)Security in Digi-Space; II: Liberty Challenges to Borders; 8: The Legal Competence With Regard to External Borders: Examining Coherence; 9: Liberty, Security and Enlargement; 10: Gateways to Europe: Checkpoints on the EU External Land Border; 11: The Constitutional Price of Visa Free Travel: The Experiences of Bulgaria and Romania; 12: Effects of Exceptionalism on Social Cohesion in Europe and Beyond; 13: Exceptionalism and its Impact on the Euro-Mediterranean Area; 14: Securitization, Liberty and Law: The EU's 21st Century; III: Theoretical Perspectives on Challenges to Liberty; 15: Violence and Exceptionalism in Contemporary Politics: War, Liberty, Security; 16: The Value of Security; 17: Delivering Liberty and Security? The Reframing of Freedom when Associated with Security

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Book SynopsisExploring the impact of the International Criminal Tribunal (ICTY) on regime change in Serbia, this book examines the relationship between international criminal justice and democratisation. It analyses in detail the repercussions of the ICTY on domestic political dynamics and provides an explanatory account of Serbia''s transition to democracy. Lack of cooperation and compliance with the ICTY was one of the biggest obstacles to Serbia''s integration into Euro-Atlantic political structures following the overthrow of Milosevic. By scrutinising the attitudes of the Serbian authorities towards the ICTY and the prosecution of war crimes, Ostojic explores the complex processes set in motion by the international community''s policies of conditionality and by the prosecution of the former Serbian leadership in The Hague. Drawing on a rich collection of empirical data, he demonstrates that the success of international judicial intervention is premised upon democratic consolidation and that traTrade Review"Between Justice and Stability will be an essential reading for scholars of the Western Balkans, transitional justice, and international human rights interventions more broadly."Jelena Subotić, Associate Professor, Department of Political Science, Georgia State UniversityAfter the rapid change of regime in 2000, Serbia's new government faced demands to establish itself in power, build democratic institutions, satisfy international powerholders, and provide justice. Mladen Ostojic gives us valuable insight as to why all of those goals did not always go together. His interviews with post-2000 officials shed new light on the dilemmas of an incoming regime.Eric Gordy, University College London, UK Between Justice and Stability provides an incisive and lucid analysis of the impact of international justice on Serbia's political evolution since the fall of Milosevic. By examining the complexities and at times counterproductive effects of external judicial intervention in a post-conflict society, it presents a valuable contribution to the current debates on transitional justice in the Balkans and beyond.Jasna Dragovic-Soso, Goldsmiths, University of London, UK There is much to be admired in Between justice and stability by Mladen Ostojic, not least as it fills a major gap in the literature on the democratic transition of the ex-Yugoslav space. By focusing on transitional justice and its relationship to democratic transition in Serbia and the attitudes of ruling elites, the author demonstrates how complex and challenging this relationship really was. Ostojic bases his argument on a variety of primary sources, including interviews with leading politicians, official documents, reports and speeches, producing a rather thought-provoking and informative read. This work is very well written and presents plausible arguments and I most warmly recommend it as both a useful and an engaging read.International AffairsTable of ContentsChapter 1 Introduction: International Justice and Transitional Democracy; Chapter 2 Setting the Context: Serbia’s Protracted Transition; Chapter 3 Regime Change and the Politics of Cooperation with the ICTY; Chapter 4 International Justice, State Responsibility and Truth-Telling; Chapter 5 Domestic War Crimes Trials; Conclusion: An Ambivalent Legacy;

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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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