Law and society, sociology of law Books

Book SynopsisIllustrates how law shapes the lives of sex workers, street-level police officers and frontline health officials in China. Using ethnography, interviews and surveys to explore how prostitution is regulated, this accessible book is perfect for readers interested in law, the state, society, China, and sex work.

Read more less

Book SynopsisExamining reasoning practices of constitutional judges across eighteen legal systems globally, this book focuses on leading cases in order to compare processes, using a combination of qualitative and quantitative analysis. Contributors offer the most comprehensive and systematic account of constitutional reasoning to date, in the first ever study of this scale.Trade Review'Despite substantial academic attention to the rise of judicial power, we know fairly little about how newly empowered courts interpret their constitutions and justify their decisions. This timely and impressive edited collection fills this gap by presenting qualitative and quantitative data from 18 courts and over 700 cases. The volume is a must-read for those interested in comparative constitutional interpretation.' Mila Versteeg, University of Virginia School of Law'This volume is the mature product of a very thorough, innovative, and reasonably large research project. It is impossible to do justice to the richness of its findings …' Katalin Capannini-Kelemen, I-CONnect (www.iconnectblog.com)Table of Contents1. Introduction: comparing constitutional reasoning with quantitative and qualitative methods András Jakab, Arthur Dyevre and Giulio Itzcovic; 2. The High Court of Australia Cheryl Saunders and Adrienne Stone; 3. The Austrian Constitutional Court Konrad Lachmayer; 4. The Supreme Federal Court of Brazil Conrado Hübner Mendes; 5. The Supreme Court of Canada Hugo Cyr and Monica Popescu; 6. The Constitutional Court of the Czech Republic Zdeněk Kühn; 7. The European Court of Human Rights Janneke Gerards; 8. The European Court of Justice Giulio Itzcovich; 9. The French Constitutional Council Arthur Dyevre; 10. German Federal Constitutional Court Michaela Hailbronner and Stefan Martini; 11. The Constitutional Court of Hungary András Jakab and Johanna Fröhlich; 12. The Supreme Court of Ireland Eoin Carolan; 13. The Israeli Supreme Court Suzie Navot; 14. The Constitutional Court of Italy Tania Groppi and Irene Spigno; 15. The Constitutional Court of South Africa Christa Rautenbach and Lorens du Plessis; 16. The Spanish Constitutional Court Marian Ahumada Ruiz; 17. The Constitutional Court of Taiwan Wen-Chen Chang; 18. The Supreme Court (House of Lords) of the United Kingdom Tamas Gyorfi; 19. The Supreme Court of the United States Howard Schweber and Jennifer L. Brookhart; 20. Conclusion András Jakab, Arthur Dyevre and Giulio Itzcovich.

Read more less

Book SynopsisFor firm leaders; diversity professionals; aspiring professionals; and scholars of inequality, organizations, and the professions; in short, anyone interested in diversity in professional work, this book is an indispensable resource. It reveals the mechanisms that perpetuate inequality even as professional organizations pay lip service to creating more diverse workforces.Trade Review'[Headworth, Nelson, Dinovittzer and Wilkins] find that while many professional labor markets manifest patterns of demographic inequality, these patterns are particularly pronounced in the law and elite segments of other professions. Contributors to their volume analyze the disconnect between expressed commitments to diversity and practical achievements, identifying the often obscure systemic causes that drive persistent professional inequalities.' Law and Social InquiryTable of Contents1. Introduction Spencer Headworth and Robert L. Nelson; Part I. Rhetoric and Realities: 2. The action after the call: what general counsels say about the value of diversity in legal purchasing decisions in the years following the 'Call to Action' David B. Wilkins and Young-Kyu Kim; 3. Diversity and talent at the top: lessons from the boardroom Kimberly D. Krawiec, John M. Conley and Lissa L. Broome; 4. Explaining social exclusion and the 'war for talent' in the UK's elite professional service firms Louise Ashley and Laura Empson; Part II. Entering Professional Careers: Barriers, Ladders, and Basement Doors: 5. Typecast socialization: race, gender, and competing expectations in law school Yung-Yi Diana Pan; 6. Rethinking the intersectionality of race, gender, and class identity: educating underrepresented minority women for elite careers in science, technology, math, and engineering Carroll Seron; 7. Access to a career in the legal profession in England and Wales: race, class, and the role of educational background Lisa Webley, Jennifer Tomlinson, Daniel Muzio, Hilary Sommerlad and Liz Duff; 8. The new 'professionalism' in England and Wales: talent, diversity, and a legal precariat Hilary Sommerlad; Part III. Inequality and Opportunity in the Careers of Diverse Attorneys: 9. Which kinds of law firms have the most minority lawyers? Organizational context and the representation of African-Americans, Latinos, and Asian-Americans Fiona M. Kay and Elizabeth H. Gorman; 10. Gendered pathways: choice, constraint, and women's job movements in the legal profession Juliet R. Aiken and Milton C. Regan, Jr; 11. The effectiveness of inheritance vs rainmaking strategies in building books of business for female and minority partners Forrest Briscoe and Andrew von Nordenflycht; 12. Career mobility and racial diversity in law firms Christopher I. Rider, Adina D. Sterling and David Tan; 13. Immigrant offspring in the legal profession: exploring the effects of immigrant status on earnings among American lawyers Meghan Dawe and Ronit Dinovitzer.

Read more less

Book SynopsisFor centuries, most people believed the criminal justice system worked - that only guilty defendants were convicted. DNA technology shattered that belief. DNA has now freed more than three hundred innocent prisoners in the United States. This book examines the lessons learned from twenty-five years of DNA exonerations and identifies lingering challenges.Trade Review'This thoughtful collection of essays on one of the most important scientific and legal advances of the past century is a must read for anyone who wants to understand American criminal justice. Exonerations have so much to teach us about what goes wrong in police encounters, prosecutors' offices, and courtrooms around the country, and this book serves as a much needed guide.' Rachel E. Barkow, Segal Family Professor of Regulatory Law and Policy and Faculty Director, Center on the Administration of Criminal Law, New York University School of Law'This excellent and timely collection examines the revolutionary impact of DNA identification on American criminal justice. It explores the major changes triggered by DNA exonerations, starting in 1989 - in criminal investigation, trial procedure, the use of the death penalty - and it discusses the challenges we still face and reforms that may yet happen.' Samuel R. Gross, Thomas and Mabel Long Professor of Law, University of Michigan'Wrongful Convictions and the DNA Revolution should be required reading for prosecutors, defense attorneys, judges, and jurors alike. The book magnificently lays bare the painful but critical lessons from twenty-five years of struggle for exoneration of the innocent.' Jeannie Suk Gersen, John H. Watson, Jr Professor of Law, Harvard Law School'The chapters of Wrongful Convictions and the DNA Revolution summarize remarkable strides achieved by the Innocence Movement, provide insight into the movement's legal and institutional elements, and point to future challenges. Every criminal law scholar in law schools and criminal justice departments would benefit by reading the volume. It is an excellent high-level entry point for criminologists new to wrongful conviction research. Instructors could assign individual chapters in advanced wrongful conviction courses. In sum, Daniel S. Medwed's volume deserves a central place in the growing library of wrongful conviction scholarship.' Marvin Zalman, Criminal Law and Criminal Justice Books (www.clcjbooks.rutgers.edu)Table of ContentsForeword Barry Scheck and Peter Neufeld; Introduction. Talking about a revolution: a quarter century of DNA exonerations Daniel S. Medwed; Innocence before DNA Michael Meltsner; Part I. A Look Back - What Have We Learned from 25 Years of DNA Exonerations?; Section 1. The Big Picture: 1. Convicting the innocent redux Brandon L. Garrett; 2. Has the innocence movement become an exoneration movement? The risks and rewards of redefining innocence Richard A. Leo; Section 2. A Closer Look at Specific Lessons: 3. Negotiating accuracy - DNA in the age of plea bargaining Alexandra Natapoff; 4. Reacting to recantations Rob Warden; 5. A tale of two innocence clinics - client representation and legislative advocacy Jacqueline McMurtrie; Section 3. The DNA Era and Changing Views of the Death Penalty: 6. How DNA has changed contemporary death penalty debates Michael L. Radelet; 7. What does innocence have to do with cruel and unusual punishment? Robert J. Smith, G. Ben Cohen and Zoe Robinson; Part II. A Glance Ahead - What Can Be Done to Avoid Wrongful Convictions in the Future?; Section 4. Substantive Reforms: 8. Flawed science and the new wave of innocents Keith A. Findley; 9. Prosecutors - the thin last line protecting the innocent George C. Thomas, III; 10. Ineffective assistance of counsel and the innocence revolution - a standards-based approach Adele Bernhard; Section 5. Procedural Changes: 11. Post-conviction procedure - the next frontier in innocence reform Stephanie Roberts Hartung; 12. Can we protect the innocent without freeing the guilty? Thoughts on innocence reforms that avoid harmful tradeoffs Paul G. Cassell; 13. Retrospective justice in the age of innocence - the hard case of rape executions Margaret Burnham; 14. Outbreaks of injustice - responding to systemic irregularities in the criminal justice system Sandra Guerra Thompson and Robert Wicoff; 15. Exonerating the innocent - habeas for nonhuman animals Justin F. Marceau and Steven Wise; Section 6. The International Arena: 16. The global innocence movement Mark Godsey; 17. Innocence at war Erik Luna.

Read more less

Book SynopsisAt the intersection of indigenous studies, science studies, and legal studies lies a tense web of political issues of vital concern for the survival of indigenous nations. Numerous historians of science have documented the vital role of late-eighteenth- and nineteenth-century science as a part of statecraft, a means of extending empire. This book follows imperialism into the present, demonstrating how pursuit of knowledge of the natural world impacts, and is impacted by, indigenous peoples rather than nation-states. In extractive biocolonialism, the valued genetic resources, and associated agricultural and medicinal knowledge, of indigenous peoples are sought, legally converted into private intellectual property, transformed into commodities, and then placed for sale in genetic marketplaces. Science, Colonialism, and Indigenous Peoples critically examines these developments, demonstrating how contemporary relations between indigenous and Western knowledge systems continue to be shaped Table of ContentsPart I. Biocolonialism as Imperial Science: 1. Imperialism then and now; 2. Indigenous knowledge, power and responsibilities; 3. Value-neutrality and value-bifurcation: the cultural politics of science; Part II. The Human Genome Diversity Project: A Case Study: 4. The rhetoric of research justification; 5. Indigenist critiques of biocolonialism; Part III. Legitimation: The Rule and Role of Law: 6. The commodification of knowledge; 7. Intellectual property rights as means and mechanism of imperialism; 8. Transforming sovereignties; Conclusions: the politics of knowledge: resistance and recovery.

Read more less

Book SynopsisUsually, when we discuss racial injustice, we discuss racism in our public or political life. This means that we often focus on how the state discriminates on the basis of race in its application and enforcement of laws and policies. This book draws on the synergy of political theory and civil rights law to expand the boundary of racial justice and consider the way in which racial discrimination happens outside the governmental or public sphere. ''Private racism'' is about recognizing that racial injustice also occurs in our private lives, including the television and movie industry, cyberspace, our intimate and sexual lives, and the reproductive market. Professor Sonu Bedi argues that private racism is wrong, enlarging the boundary of justice in a way that is also consistent with our Constitution. A more just society is one that seeks to address rather than ignore this less visible form of racism.Trade Review'Anyone interested in racism and the role it has played and continues to play in the lives of people today would find this book fascinating.' Ana Marquez, Communication Booknotes QuarterlyTable of ContentsIntroduction; 1. Enlarging the boundary of racial justice; 2. Casting racism; 3. Digital racism; 4. Sexual racism; 5. Selling segregation; Conclusion: private injustice; Bibliography; Index.

Read more less

Book SynopsisThe US Supreme Court''s legitimacy-its diminishing integrity and contribution to the good of society-is being questioned today like no other time in recent memory. Criticisms reflect the perspectives of both ''insiders'' (straight white males) and ''outsiders'' (mainly people of color, women, and the LGBTQ community). Neither perspective digs deep enough to get at the root of the Court''s legitimacy problem, which is one of process. The Court''s process of decision-making is antiquated and out of sync with a society that looks and thinks nothing like the America of the eighteenth century, when the process was first implemented. The current process marginalizes many Americans who have a right to feel disenfranchised. Leading scholar of jurisprudence Roy L. Brooks demonstrates how the Court can modernize and democratize its deliberative process, to be more inclusive of the values and life experiences of Americans who are not straight white males.Trade Review'Dazzling and original work again by the indefatigable legal scholar Roy Brooks. A stunning achievement!' Joe Faegin, Texas A&M UniversityTable of ContentsPreface; Acknowledgments; Introduction: the framework; Part I. Asians Americans: 1. Matal v. Tam (trademarking racial slurs); 2. Lau v. Nichols (bilingual education); Part II. African Americans: 3. Brown v. Board of Education (single race schools); 4. Griggs v. Duke Power (employment discrimination); 5. District of Columbia v. Heller (the right to keep and bear arms); Part III. Women: 6. Roe v. Wade (reproductive rights); 7. United States v. Virginia (single sex colleges); 8. United States v. Morrison (violence against women); 9. Kulko v. Superior Court (child custody or support); Part IV. Latinx: 10. Hernandez v. Texas (equal protection); 11. San Antonio Indep. Sch. Dist. v. Rodriguez (school financing); 12. Plyler v. Doe (educating undocumented minors); Part V. Native Americans: 13. Adoptive couple v. baby girl (Indian adoption); Part VI. LGBTQ: 14. Obergefell v. Hodges (single-sex marriages); 15. Bostock v. Clayton County (employment discrimination); Part VII. Intersectionality: 16. EEOC v. Catastrophe Mgt. Solutions Co. (Dreadlocks); 17. Kelo v. City of New London (eminent domain); Part VIII. Outsiders v. Outsiders: 18. SFFA v. Harvard (affirmative action); Part IX. White males: 19. McDonald v. Santa Fe Trail Trans. Co. (employment discrimination); 20. City of Atlanta v. Rolfe (law enforcement); Part X. Situational Outsiders: 21. Gideon v. Wainwright (right to counsel); 22. Martin v. City of Boise (the homeless); 23. Citizens United v. FEC (campaign financing); 24. Trump v. Hawaii (Middle East migrants); Index.

Read more less

Book SynopsisIn the midst of intense religious conflict in the late sixteenth and early seventeenth century, theological and political concepts converged in remarkable ways. Incited by the slaughter of French Protestants in the Saint Bartholomew''s Day Massacre, Reformed theologians and lawyers began to marshal arguments for political resistance. These theological arguments were grounded in uniquely religious conceptions of the covenant, community, and popular sovereignty. While other works of historical scholarship have focused on the political and legal sources of this strain of early modern resistance literature, The Immortal Commonwealth examines the frequently overlooked theological sources of these writings. It reveals how Reformed thinkers such as Heinrich Bullinger, John Calvin, Theodore Beza, and Johannes Althusius used traditional theological conceptions of covenant and community for surprisingly radical political ends.Trade Review'In The Immortal Commonwealth, David P. Henreckson navigates the oft-inordinately voluminous literature on Calvinist covenant theologies with the requisite dexterity, interpretive savvy and skills, not to mention much-needed patience to plow through these mostly forgotten and putatively esoteric treatises from an era, again, allegedly known for arid and atrophying Protestant scholastic discourses. Henreckson shows how the central theo-political idea of God as the covenanter has contributed to and ushered in the transformations of political theologies that pertain to Self, Society, and Savior in a refreshing way. It is truly worthy of the Augustinian dictum tolle lege!' Paul C. H. Lim, Vanderbilt University, author of Mystery Unveiled: The Crisis of the Trinity in Early Modern England'The Immortal Commonwealth is a sophisticated and powerful history of the impact of reformed Protestant theology on the politics of early modern Europe … The bibliography is a treasure trove of early modern theological and legal thought. This volume is required reading for understanding early modern European theology or politics.' J. J. Butt, Choice'The Immortal Commonwealth is an impressive debut from a fine scholar. It skilfully combines theology, political thought, and social ethics in one volume. Henreckson creates a compelling historical narrative, before concluding with a chapter on contemporary ethical ramifications in relation to political resistance to tyranny. The application of historical ideas is sometimes a fraught exercise. However, the historical work in the volume is of a high standard and the author does not overstep the line in attempting to retrieve the ideas for today. This is an erudite contribution that deserves commendation.' Simon P. Kennedy, Journal of Religious History'Henreckson's work is especially valuable in three ways. First, on a prima facie reading, he has done solid historical and theological spadework in bringing together these largely forgotten figures to establish their significance as a theological tradition existing across Europe offering a coherent theology of covenant and community … Secondly, in his innovative reading of these sources, in which he interrogates them in both theological and political terms, Henreckson demonstrates the intellectual benefits which can be obtained by going beyond the more common disciplionarly narrow readings of medieval and early modern sources … Finally, his work is valuable, not only as an example of historical retrieval and interdisciplionary analysis, but also as constructive theology.' Elisabeth Rain Kincaid, Political Theology'The Immortal Commonwealth is highly recommended, especially for those interested in Reformed political theology and ethics.' Timothy Baylor, Studies in Christian EthicsTable of ContentsIntroduction; 1. The covenanting God; 2. The law of the covenant; 3. Breaking covenant; 4. The unaccountable sovereign; 5. Consociational politics; 6. Resisting the devil.

Read more less

Book Synopsis

Read more less

Book SynopsisEvery day, new warnings emerge about artificial intelligence rebelling against us. All the while, a more immediate dilemma flies under the radar. Have forces been unleashed that are thrusting humanity down an ill-advised path, one that''s increasingly making us behave like simple machines? In this wide-reaching, interdisciplinary book, Brett Frischmann and Evan Selinger examine what''s happening to our lives as society embraces big data, predictive analytics, and smart environments. They explain how the goal of designing programmable worlds goes hand in hand with engineering predictable and programmable people. Detailing new frameworks, provocative case studies, and mind-blowing thought experiments, Frischmann and Selinger reveal hidden connections between fitness trackers, electronic contracts, social media platforms, robotic companions, fake news, autonomous cars, and more. This powerful analysis should be read by anyone interested in understanding exactly how technology threatens thTrade Review'Frischmann and Selinger provide a thoroughgoing and balanced examination of the tradeoffs inherent in offloading tasks and decisions to computers. By illuminating these often intricate and hidden tradeoffs, and providing a practical framework for assessing and negotiating them, the authors give us the power to make wiser choices.' Nicolas Carr, author of The Glass Cage: How Our Computers Are Changing Us, from the Foreword'Re-Engineering Humanity brings a pragmatic if somewhat dystopic perspective to the technological phenomena of our age. Humans are learning machines and we learn from our experiences. This book made me ask myself whether the experiences we are providing to our societies are in fact beneficial in the long run.' Vint Cerf, Co-Inventor of the Internet'Frischmann and Selinger deftly and convincingly show why we should be less scared of robots than of becoming more robotic, ourselves. This book will convince you why it's so important we embed technologies with human values before they embed us with their own.' Douglas Rushkoff, author of Present Shock, Program or Be Programmed, and Throwing Rocks at the Google Bus'Brett Frischmann and Evan Selinger cogently argue that our Fitbit, Echo, Android, and game console, our Facebook pages, Google searches, Amazon and Netflix profiles, give far less than they take. With tiny, almost imperceptible steps, we have entered into a bargain with socio-technical engineers of the digital age that literally drains our humanity and is imperiling freedom, autonomy, and other precious values fundamental to meaningful human existence. Beyond admittedly important questions demanding balanced policy answers, this disquieting book is about the big picture. All of us should read it and decide, deliberately, if this is a future we want for ourselves and our children.' Helen Nissenbaum, Cornell Tech, and author of Privacy in Context: Technology, Policy, and the Integrity of Social Life'Everybody is suddenly worried about technology. Will social media be the end of democracy? Is automation going to eliminate jobs? Will artificial intelligence make people obsolete? Brett Frischmann and Evan Selinger boldly propose that the problem isn't the rise of 'smart' machines but the dumbing down of humanity. This refreshingly philosophical book asks what's lost when we outsource our decision-making to algorithmic systems we don't own and barely understand. Better yet, it proposes conceptual and practical ways to reclaim our autonomy and dignity in the face of new forms of computational control.' Astra Taylor, author of The People's Platform: Taking Back Power and Control in the Digital Age'A magnificent achievement. Writing in the tradition of Neil Postman, Jacque Ellul and Marshall McLuhan, this book is the decade's deepest and most powerful portrayal of the challenges to freedom created by our full embrace of comprehensive techno-social engineering. A rewarding and stimulating book that merits repeated readings and may also cause you to reconsider how you live life.' Tim Wu, Isidor and Seville Sulzbacher Professor of Law, Columbia Law School, and author of The Attention Merchants'The book Re-Engineering Humanity by Brett Frischmann and Evan Selinger will help us all gain better understanding of techno-social engineering and help us think through what we want and don't want in our future. This is an incredible work that should be studied by every thinking human. It captures details on threats, documenting the many warnings we are already seeing.' Bob Gourley, CTO Vision (www.ctovision.com)'Together, they explore how ordinary activities like clicking on an app's legal terms are made so simple that it 'trains' us to not read the contents. Over time, the authors fear that humans will lose their capacity for judgment, discrimination and self-sufficiency. Or, as Douglas Rushkoff, a tech writer, put it: 'We should be less scared of robots than of becoming more robotic ourselves'.' The Economist Online (www.economist.com)'… a recent startling and thoughtful book … [Re-Engineering Humanity] is an exploration of how everyday practices – such as clicking to accept an app's legal terms – are made so simple that we are effectively 'trained' to not read the contents. Unless things change, the dominance of digital technology means that, over time, humans will lose their capacity for judgment, discrimination and self-sufficiency.' John Naughton, The Guardian'In Re-engineering Humanity, Brett Frischmann and Evan Selinger have dug deeply into what's going on behind the 'cheap bliss' in our fully connected world.' Doc Searles, Linux Journal'In our own time, as Frischmann and Selinger observe, the 'smart' device and 'internet of things' developers who offer us efficiency then pull a bait-and-switch: instead of sending us on our way to use our newly-free time on art, beauty, and education, they channel us into putting our time into mumblety-Facebook and its ilk, or what the authors aptly call 'cheap bliss'.' Lara Freidenfelds, Nursing Clio (www.nursingclio.org)'Brett Frischmann and Evan Selinger have written Re-Engineering Humanity as a sustained and multifaceted critique of how contemporary trends in internet technology are slowly but surely shrinking the territory of human autonomy. Their work is a warning, as well as a description, of how internet technologies that ostensibly make our lives easier do so by taking control of our lives away from our self-conscious decision-making.' Adam Riggio, Social Epistemology Review and Reply Collective (www.social-epistemology.com)'Professors Frischmann and Selinger shine a bright light on the current path of our surveillance capitalist society, using a combination of detailed analysis, contemporary examples, and thought experiments. The authors explain that as we (and information about us) increasingly become the product, we are also becoming simple machines programmed by our technology to respond in certain ways. As Frischmann and Selinger suggest, techno-social engineering is a powerful force that requires us to responsibly evaluate its use. And 'if we don't accept that responsibility, we risk becoming means to others' ends'.' Jeramie D. Scott, Epic AlertTable of ContentsForeword Nicholas Carr; Introduction; Part I: 1. Engineering humans; 2. Cogs in the machine of our own lives; 3. Techno-social engineering creep and the slippery-sloped path; Part II: 4. Tools for engineering humans; 5. Engineering humans with contracts; 6. On extending minds and mind control; 7. The path to smart techno-social environments; 8. Techno-social engineering of humans through smart environments; 9. #RelationshipOptimization; Part III: 10. Turing tests and the line between humans and machines; 11. Can humans be engineered to be incapable of thinking?; 12. Engineered determinism and free will; 13. To what end?; Part IV: 14. Conclusion: reimagining and building alternative futures.

Read more less

Book Synopsis

Read more less

Book SynopsisDrawing on archival materials, Michael Ng challenges the widely accepted narrative that freedom of expression in Hong Kong is a legacy of British rule of law. Demonstrating that the media and schools were pervasively censored for much of the colonial period and only liberated at a very late stage of British rule, this book complicates our understanding of how Hong Kong came to be a city that championed free speech by the late 1990s. With extensive use of primary sources, the free press, freedom of speech and judicial independence are all revealed to be products of Britain''s China strategy. Ng shows that, from the nineteenth to the twentieth century, Hong Kong''s legal history was deeply affected by China''s relations with world powers. Demonstrating that Hong Kong''s freedoms drifted along waves of change in global politics, this book offers a new perspective on the British legal regime in Hong Kong.Trade Review'Michael Ng offers an outstanding account of political censorship in colonial Hong Kong. Drawing on rich archival research, Ng argues the chimera of the rule of law in Hong Kong, and subsequent legal reforms, were largely shaped by dynamic geopolitics, particularly as between the UK and China. A terrific book.' Pip Nicholson, William Hearn Professor of Law and Deputy Vice-Chancellor (People and Community), Melbourne Law School'This is a penetrating and lucid account of how British colonial authorities suppressed political speech and activism during their 155-year reign over the city. The more liberal and rule of law oriented regime they left behind in 1997 was, as Ng expertly demonstrates, largely a legacy of the final two decades of British rule, produced under the looming specter of Chinese reacquisition. Prior to that, British authorities were consistently hostile to local demands for more political autonomy and freedom, suppressing them through a wide range of legal and administrative tools. This book forces us to confront this darker history and rethink common assumptions about the nature of British colonialism in Asia.' Taisu Zhang, Professor of Law, Yale Law School and author of The Ideological Foundations of Qing Taxation (2022)'Michael Ng upends narratives of Hong Kong's rule-of-law past and its colonial nostalgia. Through his careful archival study, Ng shows that censorship and libel laws were long the tools of British colonizers in Hong Kong. By explaining Hong Kong's status as a fulcrum of British-Chinese relations, Ng situates the story of Hong Kong in the broader fields of comparative legal history, international relations, and geopolitics, telling a story that resonates powerfully for students of empire.' Matthew Erie, Associate Professor of Modern Chinese Studies, University of Oxford and author of China and Islam (2016)'In his fascinating study of free expression in colonial-era Hong Kong, Michael Ng shows how this worked on the ground. Today, some argue that the British legacy in Hong Kong was one of democratization and freedom of expression, in contrast to the censorship and repression of the current regime. Ng shows a very different historical reality. Freedom of expression was only prioritized by the colonial state as the handover to China became imminent. Press freedom had but shallow roots in the colony, and frequently the British colonial state sought to harass and prosecute those who criticized it in the public sphere. Today's activists who imagine a lost era of colonial freedom are, Ng rightly argues, indulging in nostalgic fantasies of a former golden age.' Simon Potter, Professor of Modern History, Department of History, University of BristolTable of ContentsIntroduction; 1. Punitive censorship and libel lawsuits against the press; 2. “Reading every line”: Era of the daily vetting of newspaper proofs; 3. “Communist China now contiguous to Hong Kong”: Censorship imposed by the “free world”; 4. “Patriotism to you can be revolutionary heresy to us”: Hardened control of media, schools and entertainment; 5. Preparing to negotiate with China: Overt loosening and covert control; 6. Liberating Hong Kong for China: De-silencing the city; Conclusion and Epilogue; Glossary of Chinese Newspapers; Index.

Read more less

Book SynopsisAusterity and Law in Europe presents an interdisciplinary collection of essays that challenge traditional narratives of austerity. The contributions recast austerity as a historically contingent political rationality that operates through law and technocracy.Table of ContentsAusterity and Law in Europe: An Introduction (Marija Bartl and Markos Karavias)The Guardians of Capitalism: International Consensus and the Technocratic Implementation of Austerity (Clara E. Mattei)Has (Downturn-)Austerity Really Been `Constitutionalized' in Europe? On the Ideological Dimension of Such a Claim (Clemens Kaupa)The Crisis of Law and the European Crises: From the Social and Democratic Rechtsstaat to the Consolidating State of (Pseudo-)technocratic Governance (Agustin J. Menendez)The Bank, the Bond, and the Bail-out: On the Legal Construction of Market Discipline in the Eurozone (Harm Schepel)The Growth of Debt and the Debt of Growth: Lessons from the Case of Argentina (Pablo J. Lopez and Cecilia Nahon)Social Rights Constitutionalism: An Antagonistic Endorsement (Emilios Christodoulidis)Contesting Austerity: On the Limits of EU Knowledge Governance (Marija Bartl)

Read more less

Book SynopsisThis multi-disciplinary study considers the intersection between law and family life in Ireland from the early nineteenth to the mid-twentieth century. Setting the law in its wider social historical context it traces marriage from its formation through to its breakdown. It considers the impact of the law on such issues as adultery, divorce, broken engagements, marriage settlements, pregnancy, adoption, property, domestic violence, concealment of birth and inter-family homicide, as well as the historical origins of the Constitutional protection of the family. An underlying theme is the way in which the law of the family in Ireland differed from the law of the family in England.Table of Contents1. Introduction; Niamh Howlin and Kevin Costello.- 2. Marriage Breakdown in Ireland, c. 1660-1857; Mary O'Dowd.- 3. The comeback of the medieval marriage per verba de praesenti in 19th century bigamy cases; Maebh Harding.- 4. The Action for Breach of Promise of Marriage in Nineteenth Century Ireland; Michael Sinnott.- 5. Married Women's Property in Ireland 1800-1900; Kevin Costello.- 6. Adultery in the Courts: Damages for Criminal Conversation in Ireland; Niamh Howlin.- 7. ‘Divorce Irish style’: Marriage dissolution in Ireland, 1850-1950; Diane Urquart.- 8. Class, Criminality and Marriage Breakdown in Post-Independence Ireland; Deirdre McGowan.- 9. 'Behind closed doors': Society, Law and familial violence in Ireland, 1922-1990; Lindsey Earner-Byrne.- 10. Murder in the Irish Family, 1930-1950; Karen Brennan.- 11. Interrogating the Charge Concealment of Birth in Nineteenth Century Irish courts; Elaine Farrell.- 12. The Fate of the ‘Illegitimate’ Child: An Analysis of Irish Social Policy in the Period: 1750-1952; Simone McCoughren and Fred Powell.- 13. Embedding the Family in the Irish Constitution; Thomas Mohr.

Read more less

Book SynopsisThe Law of Compulsory Motor Vehicle Insurance covers motor vehicle compulsory liability insurance in a broad context by putting emphasis on the fundamental principles unique to this type of insurance, their operation together with the general principles of law, and the interventions of the relevant EU Directives and CJEU decisions.The law regarding motor vehicle liability insurance is ever-evolving, fast-developing and offering more intellectual challenges as the disputes vary every day. This book examines the principles applicable in this area of law by studying the grounds where the rules derive from and their continuing developments over decades at both domestic and EU levels. Whilst doing so it also discusses whether the sources of the current applicable law, in several different motor vehicle compulsory insurance related issues, are in line with each other. The book also presents careful analyses of the interplay between the different sources of law, detailed discussionsTrade Review"The legal principles applicable to compulsory motor insurance are complex and intricate. They derive from: domestic legislation dating back to 1930; industry agreements filling in the gaps created by uninsured or hit and run drivers; European Union single market directives designed to secure equality of protection for victims wherever the accident occurs; and a series of lengthy decisions from both the UK courts and the Court of Justice of the European Union on the correct interpretation of the legislation and directives. Weaving all of these disparate but interrelated sources into a single volume explaining how they operate together is a major challenge. Dr Gurses’ work The Law of Compulsory Motor Vehicle Insurance is the first short work of its type to undertake this task. The author explains succinctly how the law works, explains the conflict between the UK and EU approaches and identifies future challenges. This book is clear, concise and authoritative. It will be of immense value to practitioners seeking an understanding of the regime, and also to students of insurance law. Those teaching and studying tort law will also find much of value in this work: a substantial proportion of personal injury claims arise from accidents on the road, but academics have generally shied away from looking behind tort principles to how claims are actually paid." Professor Robert Merkin QC"The new publication written by Gurses fills a gap. The regulation of traffic accidents involving motor vehicles puts high demands on the practice. This is not least due to the complex interplay of national and European law. The European system of far-reaching protection of victims offers many advantages. These include, in particular, the direct claim, which guarantees reliable regulation of damages by an insurer or, if no insurance protection intervenes, national guarantee funds such as the Motor Insurers' Bureau. Any questions of interpretation of the EU rules, such as the scope of protection, must be clarified by the European Court of Justice. In contrast, the conditions and amount of the claim for damages continue to be governed by the law at the place of the accident. This law differs considerably in the Member States. Gurses addresses these issues and many other topics - such as the scope of insurance coverage requirements, the control of contract terms, or the public policy doctrine in a concise manner. It is particularly commendable that she makes the complex legal situation in the UK, including the case law, comprehensible. The book is rounded off by an overview of the innovations of the Automated and Electric Vehicles Act 2018, especially with regard to liability."Univ.-Prof. Dr. Christian Armbrüster, Freie Universität Berlin"The legal principles applicable to compulsory motor insurance are complex and intricate. They derive from: domestic legislation dating back to 1930; industry agreements filling in the gaps created by uninsured or hit and run drivers; European Union single market directives designed to secure equality of protection for victims wherever the accident occurs; and a series of lengthy decisions from both the UK courts and the Court of Justice of the European Union on the correct interpretation of the legislation and directives. Weaving all of these disparate but interrelated sources into a single volume explaining how they operate together is a major challenge. Dr Gurses’ work The Law of Compulsory Motor Vehicle Insurance is the first short work of its type to undertake this task. The author explains succinctly how the law works, explains the conflict between the UK and EU approaches and identifies future challenges. This book is clear, concise and authoritative. It will be of immense value to practitioners seeking an understanding of the regime, and also to students of insurance law. Those teaching and studying tort law will also find much of value in this work: a substantial proportion of personal injury claims arise from accidents on the road, but academics have generally shied away from looking behind tort principles to how claims are actually paid."Professor Robert Merkin QC"The new publication written by Gurses fills a gap. The regulation of traffic accidents involving motor vehicles puts high demands on the practice. This is not least due to the complex interplay of national and European law. The European system of far-reaching protection of victims offers many advantages. These include, in particular, the direct claim, which guarantees reliable regulation of damages by an insurer or, if no insurance protection intervenes, national guarantee funds such as the Motor Insurers' Bureau. Any questions of interpretation of the EU rules, such as the scope of protection, must be clarified by the European Court of Justice. In contrast, the conditions and amount of the claim for damages continue to be governed by the law at the place of the accident. This law differs considerably in the Member States. Gurses addresses these issues and many other topics - such as the scope of insurance coverage requirements, the control of contract terms, or the public policy doctrine in a concise manner. It is particularly commendable that she makes the complex legal situation in the UK, including the case law, comprehensible. The book is rounded off by an overview of the innovations of the Automated and Electric Vehicles Act 2018, especially with regard to liability."Univ.-Prof. Dr. Christian Armbrüster, Freie Universität BerlinTable of Contents1 Brief History of the Insurance Obligation and Interaction with the EU Law 2 The Insurance Obligation: Overview 3 Insurance Obligation: Scope (Meaning of ‘Permit’ ‘Cause’ ‘Motor Vehicle’ ‘Road or Other Public Place’) 4 Requirements with Respect to the Insurance Policy: Form and Scope 5 The Meaning of ‘Use’ of a Vehicle 6 Civil Liability 7 Control of Policy Terms 8 Third Party Victim’s Right of Direct Action Against Insurers 9 Credit Hire Agreements 10 Motor Insurers’ Bureau 11 Injuries Suffered in the EU 12 The Public Policy Doctrine 13 Insurance of Automated Vehicles

Read more less

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

Read more less

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

Read more less

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

Read more less

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;

Read more less

Book SynopsisThis fourteenth edition of Law Made Simple marks the fiftieth year of the publication for one of the best-selling UK Law books. It is the perfect introduction to the English Legal System, and combines an overview of both the legislation and case law relating to all the foundation subjects, including Contract, Torts, Land, Trusts, Criminal, Public and EU. Fully updated, this book acts as a clear and concise guide for students studying law at any level, and takes into account developments across the curriculum. It is suitable for students studying law at A-Level, or as an excellent background for students thinking of embarking on the study of law or related course at degree level. Table of Contents1. Introduction; 2. Sources of English law; 3. The courts today; 4. Procedure; 5. The judiciary, law officers and the legal profession; 6. Human rights and the Law of persons; 7. The law of contract; 8. The law of torts; 9. Trusts; 10. The law of property; 11. The law of succession; 12. Criminal law; 13. European Union Law

Read more less

Book SynopsisThe 7th edition of Understanding Equity &Trusts provides a clear, accessible and lively overview of the main themes in this dynamic area of the law. An ideal first point of entry to the subject or revision tool, this book will give you an invaluable grounding in all of the key principles of equity and the law of trusts. If you need help with trusts law, then this is the book for you.This book covers all of the topics that a student reader will encounter in any trusts law or equity course. The text deals with express trusts, resulting and constructive trusts, the duties of trustees, breach of trust and tracing, commercial uses of trusts, charities, equitable remedies and trusts of homes.The law of trusts is built on simple basic principles. The approach of this book is to lay foundations with an explanation of those principles before building towards the more complex issues which are the focus of examinations in this subject. The lively text includes a large numbTable of Contents1. The Principles of Equity; 2. The Nature of the Trust; 3. The Settlor: Certainties and Formalities; 4. The Beneficiary’s Rights; 5. The Trustee’s Duties; 6. Resulting Trusts; 7. Constructive Trusts; 8. Equitable Estoppel; 9. Trusts of Land and of the Home; 10. Breach of Trust, Strangers and Tracing; 11. Quistclose Trusts and Commercial Trusts; 12. Charities; 13. Injunctions and other Equitable Remedies; 14. Themes in Equity

Read more less

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

Read more less

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;

Read more less

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

Read more less

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

Read more less

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?

Read more less

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.

Read more less

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

Read more less

Book SynopsisRoutledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to:Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams HighliTable of Contents1. General Themes in Intellectual Property Law 2. Copyright and Moral Rights 3. Copyright Infringement 4. Computer Technology and Copyright Law 5.Design Right and Registered Designs 6. Patent Law 7.Passing Off and Image Rights 8. Registered Trade Marks 9. Confidential Information and Know-How 10. Intellectual Property Litigation – Enforcement and Remedies

Read more less

Book SynopsisAn appreciation of the development and evolution of the United Kingdom constitution is vital in order to understand the existing nature of the constitution, proposals for reform and the many complex challenges it faces. Ann Lyon presents a vivid overview of fourteen hundred years of English legal history taking us on a rich journey from a feudal society to the fractured Union of the present day. Drawing on key constitutional themes, Constitutional History of the United Kingdom provides insight and context to modern constitutional problems.This second edition has been revised and updated to bring coverage up to the present day, including parliamentary reform; the Scottish referendum on independence and further drives for enhanced devolution; the effect of EU membership on the UK Constitution; and the impact of the European Convention on Human Rights and the Human Rights Act 1998. Constitutional History of the United Kingdom offers an accessible and Trade Review‘Constitutional History of the United Kingdom tells the story of the evolution of the constitution to the present day. It is a fascinating story, extremely well told by an historian who now teaches law. The book is of relevance to students of law, history and government, a source of reference for undergraduate law students and essential reading for postgraduate study. The author makes the point that students of law often lack a historical perspective, essential to a thorough knowledge of the UK constitution, and this work is to my knowledge, the only recent one to explain the history of the UK with a view to illuminating constitutional changes. Its sheer breadth is impressive. It begins with a description of the development of government pre-1066, followed by a sweep of 14 centuries, culminating in UK membership of the EU and the adoption of European Convention on Human Rights. Themes provide continuity to the sequence of events; so, for instance, coherence is traceable through the events that inexorably led to the balance of power shifting from king to Parliament, and to our modern democracy. It explains well the background to events that were initially often violent and, in more recent history, political, and the conundrum of the UK constitution becomes over clearer as the reader progresses. The Constitutional History of the United Kingdom should be read by all students of constitutional law but is also a work of reference and could be enjoyed by anyone seeking to further their knowledge of UK History’. Times Higher Educational Supplement, 28 May 2004.'Students of British constitutional history will appreciate this well-written survey by Ann Lyons, a lecturer in law at the University of Wales, Swansea. The author, like her famous predecessor, F. W. Maitland, possesses expertise in both legal and general history, and she is able to interweave constitutional developments with important historical events as well as Maitland did in his classis 1908 work. Lyon's purpose is not to offer research but to compose a readable, up-to-date account for university students. The author has done an outstanding job of compressing so much information into a very readable volume, which takes into account the newest literature and most recent events in this area. A Constitutional History of the United Kingdom is recommended for students and interested general public.' History, Vol 32 No 3, Spring 2004 'This is a thorough, respectful history of constitutional developments in the United Kingdom from ancient times through to the recent changes under the European Union and the New Labour Government. This book is an excellent overview, but with much detail, of the functioning of the Ombudsman office in Great Britain. It is the starting point for understanding that institution and for teaching about future investigation of it. British Politics Group Newsletter, Autumn 2003'This is a thorough and very readable book, especially useful for references as well as a textbook...Law students should read Lyon' Representation, Michael Rush, University of Exeter. Vol 41, Number 2, 2005.Table of Contents1. The Development of English Law and Government prior to the Norman Conquest 2. The Norman Conquest and After: 1066-1189 3. Magna Carta and its Genesis 1189-1216 4. The Birth of Parliament: The Reign of Henry III 1216-72 5. The Reign of Edward I 6. A King Dethroned: Edward II 1307-27 7. Edward III 1327-77 8. Sad Stories of the Death of Kings: Richard II 9. The 15th Century 10. Government and Royal Justice in the Later Middle Ages 11. The Early Tudors 1485-1547 12. The Children of Henry VII 13. The Genesis of Civil War 1603-42 14. Civil War and Commonwealth 1642-60 15. Restoration and Revolution 1660-89 16. The Revolution Entrenched 1689-1707 17. The Early 18th Century 18. The Later 18th Century 19. The Reform Era 20. An Increasing Role for Government 21. The Later 19th Century 22. Queen Victoria and the Emergence of Constitutional Monarchy 23. Two Constitutional Crises: 1906-14 24. Representation of the people since 1900 25. The Emergence of Modern Monarchy: The 20th Century 26. Britain and Europe: The European Community 27. Devolution 28. The European Convention on Human Rights and the Human Rights Act

Read more less

Book SynopsisThis book should be of interest to anyone investigating the debate on internet governance from a legal or social science perspective, including politics, media studies and human geography. The book connects ideas about internet jurisdiction with issues of censorship and freedom of expression, as well as free trade.Table of Contents1. Introduction. Internet governance and the resilience of the nation state Uta Kohl and Carrie Fox; Part I. Competing Narratives: 2. The universal norm of freedom of expression - towards an unfragmented internet: interview with Guy Berger; 3. Which limits on freedom of expression are legitimate? Divergence of free speech values in Europe and the US Jan Oster; 4. Nation branding and internet governance: framing debates over freedom and sovereignty Melissa Aronczyk and Stanislav Budnitsky; Part II. Solid and Porous Cyberborders: 5. Gatekeeping practices in the Chinese social media and the legitimacy challenge Lulu Wei; 6. Protecting gamblers or protecting gambling? The economic dimension of borderless online 'speech' Christine Hurt; 7. Where East meets West: censorship and cyberborders through EU data protection law Uta Kohl and Diane Rowland; 8. Cyberborders through 'code': an all or nothing affair? Dan Jerker B. Svantesson; 9. Cyberborders and the right to travel in cyberspace Graham Smith; Part III. Unpacking Internet Jurisdiction: 10. Alternative geographies of cyberspace Barney Warf; 11. Polycentrism and democracy in internet governance Jan Aart Scholte; 12. The end of territory? The re-emergence of community as a principle of jurisdictional order in the internet era Cedric Ryngaert and Mark Zoetekouw; 13. A space (partially) apart? Religious asylum and its lessons for online governance Philippe Ségur; 14. Geoinformation, cartographic (re)presentation and the nation state: a co-constitutive relation and its transformation in the digital age Georg Glasze.

Read more less

Book SynopsisThe book explores the lasting legacy of Christian ambivalence towards Jews in Western secular law and engages with broader questions about the cultural foundations of Western secular law, the politics of religious freedom, the racialisation of religion, and the ambivalent nature of legal progress.

Read more less

Book SynopsisExploring the historical experience of the Global South, Boaventura de Sousa Santos argues that state law excludes populations and peoples by deeming them invisible, irrelevant, or dangerous. Demonstrating the suffering caused by capitalism, colonialism, and patriarchy, he pursues real legal utopias by proposing realistic yet hopeful alternatives.Trade Review'At a moment when the world confronts multiple existential crises, this book-synthesizing a half-century of wisdom-is magisterial, essential, and poetic. De Sousa Santos sustains the impossible tension between optimism and pessimism by presenting examples of 'real legal utopias', a seeming oxymoron that captures the necessity to engage law as both a realist and a utopian.' Richard L. Abel, UCLA'This commanding volume offers a penetrating analysis of extreme inequality and the concurrent failure of social democracy globally. It encourages learning from counter-hegemonic real legal utopias and a vast plurality of social practices. Reflecting on his own intellectual travels and activism over decades, de Sousa Santos reveals a story of immense intellectual and ethical courage, constantly searching for new sociolegal insight applicable to today's unprecedented times.' Eve Darian-Smith, University of California - Irvine'This is the magnum opus of Boaventura de Sousa Santos's life and work, a compendium and reflection on the many pioneering achievements of a life lived well. His commitment to epistemic and cognitive decolonisation and his unwavering confrontation of the devastations of capitalism, colonialism and patriarchy make de Sousa Santos the intellectual for our troubled times.' Costas Douzinas, Birkbeck - University of London'The book offers a clear-eyed account of the possibility of progressive transformation. Drawing on his incomparable experience across multiple continents, nation-states, and political stakes, this is classic Boaventura de Sousa Santos. Encyclopaedic in scope and detail, it is magisterial in reach. A reference book for our times.' David Theo Goldberg, University of California - IrvineTable of ContentsPart I. The Tragic Optimism of the Law: The End of a Story: 1. Unsettling times; 2. The end of legal reformism? Lineages of legal reformism; 3. The early demise of legal reformism: my journey through the Law and Modernization Program at Yale University; 4. Room for manoeuvre: Paradox, programme, or Pandora's Box?; Part II. Epistemologies of the South and the Law: 5. Introducing the epistemologies of the South; 6. The epistemologies of the South and law: towards a post-abyssal law; 7. Is post-abyssal law possible? Part III. The Abyssal Law under the Mode of Abyssal Exclusion: 8. Lawfare: a long history; 9. Colonial law and imperial law; 10. Colonial legal duality: the creation of legal codes for indigenous populations; Part IV. Real Legal Utopias: Interrupting the State: 11. The heterogeneous state, legal plurality and traditional authorities in Africa: the case of Mozambique; 12. The rise of a micro dual state: a case of highly politicised legal pluralism; 13. The refoundation of the state in Bolivia and Ecuador?; Part V. Real Legal Utopias: Interrupting the Law: 14. Law and revolution in Portugal: experiences of popular justice after the carnation revolution of 1974; 15. Popular justice in cape verde; 16. The landless rural workers' movement in Brazil and its struggles for access to law and justice; 17. The law of the excluded: indigenous justice and plurinationality in Bolivia and Ecuador; 18. Decolonising justice and democratic peace in Colombia; Part VI. Real Legal Utopias: Interrupting Hegemonic Human Rights: 19. Human rights in a post-secular age: counter-hegemony and progressive theologies; 20. Towards an insurgent, intercultural and cosmopolitan declaration of human rights and duties; 21. Rights of nature.

Read more less

Book SynopsisThe New York Times Bestseller''Simply, utterly brilliant. Bursting with humility and humanity'' The Secret Barrister''An elegant, philosophical and, at times, moving memoir of what it is like to serve as America''s most high-profile legal official'' Financial TimesMulti-million-dollar fraud. Terrorism. Mafia criminality. Russian espionage. As United States Attorney for the Southern District of New York, Preet Bharara prosecuted some of the most high-profile cases in America. In Doing Justice he takes us inside America''s criminal justice system to deliver a powerful meditation on justice what it is, who dispenses it, how it works and what the law can teach us about thinking and acting justly in our own lives.Trade ReviewDoing Justice is about ordinary fallibility, and how those responsible for the dispensation of justice are regular humans, prone to act as humans do . . . Filled with sobering stories about error and – in the more beautiful, memorable cases – ingenuity, determination, redemption * New York Times *At its most powerful, Doing Justice works as a metaphorical survival guide for the Trump era. As with everything Bharara does, he writes in a tone that is calm and considered, a warm bath after the outrage of Trump’s daily tweets. That’s what has made him such an unlikely superstar following his dismissal at Trump’s hands * Guardian *Bharara positions Doing Justice as a treatise on “the rule of law and faith in the rule of law” at a time when both are under threat . . . His reflection on the role of the justice system in America is an effort both to make the inner workings of that system accessible to people unfamiliar with what criminal justice looks like from the perspective of law enforcement, and to suggest how people might apply ideals and habits honed in the courtroom to the patterns of everyday life * Washington Post *A vivid memoir of a critical job, a primer on the toughest questions of prosecutorial ethics, and a reminder of the drama inherent in life in the courtroom arena -- Jeffrey ToobinBharara expertly weaves real-life stories of law and disorder into a compelling examination of our collective understanding of justice . . . Vital and urgent -- The Secret BarristerAn elegant, philosophical and, at times, moving memoir of what it is like to serve as America’s most high-profile legal official. Deserves to be widely read beyond the legal world * Financial Times *The man who terrifies Wall Street * New Yorker *[Preet] has somehow managed to be incredibly smart, principled, independent and hilarious all at the same time -- James Comey

Read more less

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

Read more less

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;

Read more less

Book SynopsisPitts uses the trial as a lens through which to explore the inner workings of the court of Louis XIV, who rightly feared that Fouquet would expose the tawdry financial dealings of the king's late mentor and prime minister, Cardinal Mazarin.Trade ReviewA fine book. It is a compelling account of a political drama in mid-seventeenth century France, but it is also a window into the process by which rule of law gradually became established...[and] I thoroughly enjoyed reading it. EH.Net ... Pitts gives us a well-organized, concise narrative of what amounts to a highly extractive economy whereby the few at the top accumulate the most to live in ostentatious slender. Renaissance QuarterlyTable of ContentsList of IllustrationsAcknowledgmentsIntroductionPrelude1. The Long Reach2. The Superintendant at Work3. Fall of a Titan4. Setting the Stage and Writing the Script5. The Best-Laid Plans of Men and Ministers6. To Do Justice without Consideration of Fortune or Self-Interest7. A Performance beyond Comparison8. The Honor and Conscience of Judges9. AftermathAppendix. Ministerial Fortunes in Seventeenth-Century FranceNotesBibliographyIndex

Read more less

Book SynopsisHow a series of violent Amish-on-Amish attacks shattered the peace of a peace-loving people and led to a new interpretation of the federal hate crime law. On the night of September 6, 2011, terror called at the Amish home of the Millers. Answering a late-night knock from what appeared to be an Amish neighbor, Mrs. Miller opened the door to her five estranged adult sons, a daughter, and their spouses. It wasn't a friendly visit. Within moments, the men, wearing headlamps, had pulled their frightened father out of bed, pinned him into a chair, andignoring his tearful protestssheared his hair and beard, leaving him razor-burned and dripping with blood. The women then turned on Mrs. Miller, yanking her prayer cap from her head and shredding it before cutting off her waist-long hair. About twenty minutes later, the attackers fled into the darkness, taking their parents' hair as a trophy. Four similar beard-cutting attacks followed, disfiguring nine victims and generating a tsunami of mediTrade ReviewAn insider’s perspective into how a small community of Amish people, nurtured in a religious tradition of nonviolence and forgiveness, transformed into a culture of revenge and retaliation.—Publishers WeeklyDigs deep into a story that, for all its seeming quaintness, has the power to both rock the underpinnings of hate crime legislation and to break the human heart.—SalonKraybill tells this fascinating story clearly, and has the knowledge and contacts to penetrate a tight-lipped community.—The TimesAn acknowledged expert on Amish life and culture, [Kraybill] explains the religious and social background of the people involved and successfully explains the legal tangle that has not yet completely played out. This book will be of interest to those who study the intersection of law and religion or the sociology of closed groups like the Amish.—Journal of Church and StateA thorough, evenhanded, and accessible volume that provides keen insight on Amish culture.—Journal of Amish and Plain Anabaptist StudiesCaptures a fascinating chapter of legal history and Amish history . . . [This] is a tale begging to be told, and Kraybill proves worthy of the task.—The Mennonite Quarterly ReviewWhether you want to learn more about the Amish in general, the Bergholz Amish in particular, are interested in the formation and maintenance of NRMs, interactions between religious groups and the law, or just want to read an informative book that is exceedingly well researched and written, balanced, and engaging, Renegade Amish is most definitely worth reading.—Nova ReligioThe apparent dissonance in these opening narratives and the peculiar nature of Amish acting violently to shear helpless victims sets the scene for Kraybill’s fascinating exploration of the Bergholz Amish. . . The case has taken on new significance as the court system works to decide how people will be prosecuted under the Shepherd Byrd act and how broadly hate crimes can be defined.—Mennonite World ReviewTable of ContentsPrefaceChronology1. The Attacks2. The Clan3. The Bishop4. The Cult?5. The FBI6. The Trial7. The Sentencing8. The AftermathEpilogueAppendix IAppendix IINotesBibliographyIndex

Read more less

Book SynopsisOriginally published in 1975. Following the vein of French historiography, many twentieth-century scholars of the French Revolution believed that the middle class of lawyers played a crucial role in the Revolution. In The Barristers of Toulouse, Lenard Berlanstein contends with that notion in a case study examining the response of the Toulousian legal community to the French Revolution. Using tax rolls, marriage contracts, and court records as primary sources, Professor Berlanstein argues that class interestssuch as a desire to preserve their status in the cultured, conservative urban eliteled many Toulousian judges and lawyers to reject the Revolution and to remain loyal to the aristocratic Parlement. In other words, those in the legal community of Toulouse conducted themselves in ways that were consistent with other members of their social and economic class. To supplement his argument, Berlanstein's integrates methods from the New Social History movement.Table of ContentsPrefaceChapter 1. The Professional Life of the BarristersChapter 2. Social and Economic StatusChapter 3. Social and Economic AdvancementChapter 4. Ideas and Reforms in the Age of EnlightenmentChapter 5. The Barristers in Toulousan Society and PoliticsChapter 6. The Toulousan Barristers in the Revolution (1788-1793)Chapter 7. Concluding RemarksAppendixBibliographyIndex

Read more less

Book SynopsisOriginally published in 1960. Felix Frankfurter, a controversial figure in American judicial history, completed more than twenty-one years of service on the Supreme Court. This book is the first extended treatment of his political performance as a justice. It portrays the influence that he, both as teacher and jurist, exerted in the growth of public law over fifty years. He has exerted his influence not only through his writing but also through his personal acquaintance with many important persons in and out of government service. Beyond examining the career of one man, Thomas opens up a wider window on the history of legal thought. The main value of the book, though, lies in its presentation of the philosophy of one leading twentieth-century educator and jurist.Table of ContentsPrefacePart I: From Ivory Tower to Marble HallsChapter 1. The Making of a ScholarChapter 2. New Deal and National ProminencePart II: Symbolism and Social UnityChapter 3. "We Live by Symbols"Chapter 4. Group Conflict in Modern SocietyChapter 5. The Supreme Court and the Interests of SocietyPart III: The Uses of HistoryChapter 6. History and the Bill of RightsChapter 7. History and the Fourteenth AmendmentChapter 8. Precedents, Doctrines, and StatutesPart IV: The Constitution as an Instrument of PowerChapter 9. Subversion and Self-PreservationChapter 10. "Preferred Freedoms"-A Negative ViewChapter 11. "It Is a Constitution We Are Expounding"Part V: Decentralization and Dispersal of ControlChapter 12. The Court and COngressChapter 13. The Institutional Role of the CourtChapter 14. The Court bewteen Nation and StatesPart VI: The Role of the JudgeChapter 15. "The Man Who Talks So Much"Chapter 16. Scholar on the BenchIndex

Read more less

Book SynopsisThe evolution of the federal prosecutor's role from a pragmatic necessity to a significant political figure. In the United States, federal prosecutors enjoy a degree of power unmatched elsewhere in the world. They are free to investigate and prosecuteor decline to prosecutecriminal cases without significant oversight. And yet, no statute grants them these powers; their role is not mentioned in the Constitution. How did they obtain this power, and are they truly independent from the political process? In Constitutional Inquisitors, Scott Ingram answers these questions by tracing the origins and development of federal criminal law enforcement. In the first book to examine the development of the federal law enforcement apparatus in the earliest part of the early republic, Ingram explains how federal prosecutors' roles began as an afterthought but quickly evolved into powerful political positions. He also addresses two long-held perceptions about early federal criminal prosecution: tha

Read more less

Book SynopsisTable of ContentsAcknowledgmentsIntroduction1. The Beginning: Interdependence and Independence in the Four Corners Region, 1540-18682. Divide and Conquer: Misinformation and Manipulation across Dinétah and Hopituskwa3. Fourth World Activism: Editorial Cartoons in the Navajo Times and Qua'Töqti, 1964-19734. Discourse and Discord: The Conversation between the Navajo Times and Qua'Töqti, 19745. Activism in the Aftermath: Protest and Politics, 1974-1998ConclusionAppendix. Drawing Humor: A Conversation with Jack AhasteenNotesBibliographyIndex

Read more less

Book SynopsisTHE SUNDAY TIMES BESTSELLERSHORTLISTED FOR THE CWA NON-FICTION DAGGER''Thomas Grant has brought together Hutchinson''s greatest legal hits, producing a fascinating episodic cultural history of post-war Britain that chronicles the end of deference and secrecy, and the advent of a more permissive society . . . Grant brings out the essence of each case, and Hutchinson''s role, with clarity and wit'' Ben Macintyre, The Times''An excellent book . . . Grant recounts these trials in limpid prose which clarifies obscurities. A delicious flavouring of cool irony, which is so much more effective than hot indignation, covers his treatment of the small mindedness and cheapness behind some prosecutions'' Richard Davenport-Hines, GuardianBorn in 1915 into the fringes of the Bloomsbury Group, Jeremy Hutchinson went on to become the greatest criminal barrister of the 1960s, ''70s and ''80s. The cases of that periTrade ReviewThroughout a long career, [Jeremy Hutchinson's] brilliant and stylish advocacy achieved success in cases that looked unwinnable -- Helena KennedyJeremy was not just a good lawyer; he was fearless in standing up to judges. He was a most formidable advocate of the 1960s and '70s and he had a marvellous sense of mischief -- Geoffrey RobertsonHutchinson provides the memories and Grant puts pen to paper. The result is a multifaceted object: a celebration of a brilliant career, an explanation of the legal process and a social and cultural history of the second half of the 20th century . . . Jeremy Hutchinson's Case Histories is, above all, a romance * Daily Telegraph *A fine reminder of the great democratic values enshrined in our legal system . . . Grant has cleverly produced what amounts to a cultural history of Britain in the rapidly changing post-war years . . . a greatly entertaining read which celebrates a barrister who stood up and argued with clarity and passion for various freedoms that we now take for granted * Daily Express *A fascinating look at Britain's post-war social, political and cultural history * Bookseller *[Jeremy Hutchinson] is my hero because of what he stands for today, as he continues to speak out against what he fears to be the loss of independent representation of those not merely down on their luck but down in the gutter. He is the living symbol of all that independent criminal advocacy means for justice and the rule of law * Guardian *Jeremy Hutchinson's Case Histories . . . makes a compelling read, and is a real contribution to the history of twentieth-century English mentalities. It is also a first-rate lesson in simple humanity . . . The pungency, intelligence and humour of [Thomas] Grant and his subject make this the most enlivening of case-books . . . [Jeremy Hutchinson] is abundant in the qualities of empathy, consideration and humour. He manages to be both charming and shatteringly truthful * Guardian *A fascinating episodic cultural history of postwar Britiain, that chronicles the end of the age of deference and secrecy, and the advent of a more permissive society . . . an impassioned defence of the criminal Bar itself . . . Grant brings out the essence of each case, and Hutchinson's role, with clarity and wit . . . a reminder of how many of the defining stories of modern times have been fought out through our courts, and changed by them * The Times *Given my automatic animus, you can imagine how confusing it was to be charmed into surrender by Thomas Grant's traversal of Hutchinson's long career as a QC * Observer *Jeremy Hutchinson's Case Histories reminds us of the celebrated, and infamous, cases in which Hutchinson appeared, the skills he deployed, and the importance of the criminal defence advocate to the rule of law. Reheated recollections of old cases rarely make for a tasty dish. But the ingredients of Hutchinson's casebook are exceptionally delicious, and Grant's recipe and presentation are irresistible . . . One of the merits of this entertaining collection of Jeremy Hutchinson's greatest hits is that the authentic sound of the great advocate can be heard again, loud and clear . . . Thomas Grant ensures that we understand Lord Hutchinson's achievements and the importance of the principles of criminal defence advocacy to a free society -- David Pannick QC * The Times *Author and QC Thomas Grant does a fine job . . . Hutchinson's priceless advocacy is every bit as powerful on the page and Grant brilliantly recaptures the tensions and drama of some of the most seminal Old Bailey criminal trials of the Sixties, Seventies and Eighties . . . It is hard to imagine a more interesting time for a criminal advocate to be working and this wonderful book is a celebration not just of the man but of the profession itself * Evening Standard *All these cases make thoroughly good reading, while vividly illuminating the morals and mores of that now distant period just a generation ago. But the sting in the tail of the book comes in the postscript by the centenarian Hutchinson himself . . . a powerful indictment of the wanton destruction by ignorant politicians of the whole edifice of British justice as he knew it * Financial Times *An attractive picture of a life honourably and enjoyably lived. Naturally, it supports the argument that we are a more civilised society today because of the battles which people like Hutchinson fought and won . . . So a happy century to Jeremy Hutchinson, who represented decency even when he defended indecency -- Charles Moore * Sunday Telegraph *His life reads like a history of the 20th century . . . A resounding postscript written by Jeremy Hutchinson himself shows that at the age of 100, he has lost none of his extraordinary power and authority * Daily Mail *Fascinating * Daily Mail *One of the most enjoyable books this summer is Jeremy Hutchinson's Case Histories, a biography by Thomas Grant of an extraordinary man * The Times *So began a career that would see Hutchinson, son of a renowned barrister, member of the artistic Bloomsbury set, prosecute and defend in some of the biggest criminal cases of the era, reshaping censorship and secrecy along the way, his life an extraordinary window into the 20th century * Brighton Argus *An excellent book charting some of Jeremy's more remarkable trials and his very eclectic clients, many of whom he cared for deeply * Daily Mail *Biographies of lawyers are very rare, but Hutchinson's career was so unusually varied that it makes a splendid subject for a book . . . [Grant's] book is clearly and elegantly written, turning Hutchinson's life into a satisfying moral history of 20th-century Britain * Literary Review *Jeremy Hutchinson's Case Histories encapsulates the fascinating untold stories behind the cases defining issues of homosexuality, espionage, class and deference that dominated post-war Britain and Hutchinson's own passion for penal reform * Telegraph *You could tell a brief social history of Britain through the career of Jeremy Hutchinson * The Times *[Jeremy Hutchinson's] life and trials are admirably captured in Thomas Grant's accessible book * The Times *Jeremy Hutchinson was the greatest criminal barrister of the 1960s, '70s and '80s. The cases of that period changed society for ever and Hutchinson's role in them was second to none. Here his most remarkable trials are examined, each one providing a fascinating look into Britain's post-war social, political and cultural history * Gransnet *A useful and highly entertaining potted history of a period when social deference and sexual prudery were on the way out. If one personal quality shines through this discreet and admiring book, it is Hutchinson's humanity and understanding of human frailty * TLS *At first glance, you might wonder how interesting a book about a lawyer can be. But once you open the pages of this one, you'll be instantly hooked . . . Totally terrific * Daily Mail *A brilliant and absorbing book about the life of a barrister. And what a life * Evening Standard *Thomas Grant has brought together Hutchinson's greatest legal hits, and in the process has produced a fascinating episodic cultural history of postwar Britain, chronicling the end of the age of deference and the advent of a more permissive society. More than that, this book is also an impassioned defence of the criminal Bar itself, and the bulwark of democracy enshrined in the principle that every person accused of crime is entitled to independent representation * The Times *Not just a celebration of a brilliant legal career but also a history of changing mores in Britain * Daily Telegraph *A likeable account of a life in the law * Sunday Times *Thomas Grant uses Hutchinson's cases to chart the seismic shift in British culture between 1960 and 1984, during which time the barrister appeared for the defence in landmark prosecutions such as Last Tango in Paris and The Romans in Britain. That we enjoy such broad artistic freedom today is partly thanks to Hutchinson, and this fascinating book reminds us why * Independent *A staunch defender of civil liberties, he defended Lady Chatterley's Lover, Christine Keeler and Howard Marks among many more and his life opens a lively window on to Britain during the second half of the 20th century * Daily Express *This book makes a compelling read, and is a real contribution to the history of 20th-century English mentalities. It is also a first-rate lesson in simple humanity * Guardian *

Read more less