Law and society, sociology of law Books

Book SynopsisAround four billion people globally are unable to address their everyday legal problems and do not have the security, opportunity or protection to redress their grievances and injustices.Trade Review"This collection represents an invaluable contribution to our state of knowledge about developments in relation to digital justice. I would imagine that just about all of us would be better informed for reading it." -David A Dickson, Law Society of Scotland, Volume 66 Issue 6

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Book SynopsisA legal biography of Judah P. Benjamin (1811-1884): Jewish lawyer, US Senator, Confederate statesman, political exile, leader of the English Bar, inspiration for Benjamin's Sale of Goods and distinguished juristTable of ContentsList of Figures; Table of Cases; Foreword by Stephen C. Neff, Professor of War and Peace, University of Edinburgh; Preface and Acknowledgements; Introduction; 1. Benjamin’s Emergence as an American Lawyer and Politician; 2. Slavery, Secession and Benjamin’s Confederate Years; 3. Benjamin’s Exile and Professional Rebirth; 4. The Rise and Rise of Benjamin the Barrister; 5. Concluding Reflections; Appendix 1 – The Great Escape: Benjamin’s Flight into Exile; Select Bibliography; Index.

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Book SynopsisThis new edition of Education, Law and Diversity provides extensive updated analysis, from a legal perspective, of how the education system responds to social diversity and how the relevant social and cultural rights of individuals and groups are affected. It spans wide-ranging areas of school provision, including: types of school (including faith schools), the school curriculum, choice of school, out-of-school settings, and duties towards children with special needs and disabilities. It gives extensive coverage to children’s rights in the context of education and includes considerable new material on issues including relationships and sex education, exclusion from school, home education, equal access, counter-extremism and academisation. The new edition also retains and updates areas of debate in the book, such as those concerned with multiculturalism and the position of religion in schools. It continues to focus on England but also makes reference to other jurisdictions within the UK and internationally. It is essential reading for anyone interested in the legal and related policy issues surrounding children’s education today.Trade ReviewThis is ‘law in context’ scholarship at its finest. … It will be an invaluable tool for anyone undertaking research into any of the plethora of issues, debates and areas of legal practice covered here; for lawyers and non-lawyers alike. For child and family lawyers – for whom education law is still sometimes perceived as in some ways a marginal subject – it is not only an essential source but a reminder of the centrality of education in the lives of children and parents alike. It is also a reminder that education law disputes reveal and provoke the questions, and test to the limits the prevailing answers, about the fundamental nature of the relationships between parents, children and the state. -- Daniel Monk, Birkbeck, University of London * Child and Family Law Quarterly *It is a fascinating read, informative and thought-provoking in equal measure, and – unlike a standard legal text – really repays a cover to cover read ... Education, Law and Diversity is as comprehensive as it is ambitious, easy to read despite being in-depth, and well structured and laid out in just nine (admittedly lengthy) main chapters. A real tour de force! -- Iain Nisbet * Journal of the Law Society of Scotland *An important contribution to our collective understanding of the domestic enforcement of the right to education … Overall, this is an excellently written and well-researched contribution, which contains a detailed examination of education law, policy and case law relating to the provision of education in England. This book is further characterised by a commendable scholarly rigour which sets it apart in terms of the detail and precision afforded to the examination of the legal development, and provision, of the right to education in England. -- Amel Alghrani, Seamus Byrne and Deborah Tyfield * Legal Studies *Table of Contents1. Children’s Education and the Law in a Diverse Society I. Introduction II. Rights III. Integration, Identity and Multiculturalism IV. Conclusion 2. Responsibility for Children’s Education I. Introduction II. Th e State’s Role in Supporting Access to Education III. Conclusion 3. Institutional Diversity in a Developing Schools System I. Introduction II. State Education: Separate National Systems within the UK III. Schools and Education: Th e Role of the State 1870–1980 IV. Towards a More Diverse Schools System: 1980–1997 7 V. Diversity and Control of Schools Under ‘New Labour’ 1997–2010 VI. A New ‘Moral Order’? Education Reform Since 2010 VII. Conclusion 4. Equal Access for Children to Education Settings I. Introduction II. Equality and the Right to Education III. Th e Equality Act 2010 and Children’s Education IV. Conclusion 5. School Admission Policies and Decisions I. Introduction II. ‘Pupils are to be Educated in Accordance with the Wishes of their Parents’ III. Fair Admissions? IV. Th e Implications of School Preference V. Conclusion 6. Secular Education in the State Sector: A Curriculum for All? I. Introduction II. Centralisation and a National Curriculum III. ‘Fundamental British Values’ and Countering Extremism IV. Sex and Relationships Education and Health Education V. Conclusion 7. Religion in the School Curriculum I. Introduction II. Religious Education III. Collective Worship IV. Creationism and ‘Intelligent Design’ V. Conclusion 8. Education Outside the State Sector I. Introduction II. Regulation and Control of the Curriculum in Independent Schools III. Home Education and Unregistered Schooling IV. Conclusion 9. Special Educational Needs: Voice, Place and Choice I. Introduction II. SEND and Children and Young People in England III. Voice IV. Place V. Choice VI. Conclusion 10. Conclusion: Schooling for One and All?

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Book SynopsisThe world’s legal professions have undergone dramatic changes in the 30 years since publication of the landmark three-volume Lawyers in Society, which launched comparative sociological studies of lawyers. This is the first of two volumes in which scholars from a wide range of disciplines, countries and cultures document and analyse those changes. The present volume presents reports on 46 countries, with broad coverage of North America, Western Europe, Latin America, Asia, Australia, North Africa and the Middle East, sub-Saharan Africa, and former communist countries. These national reports address: the impact of globalisation and neoliberalism on national legal professions (the relationship of lawyers and their professional associations to the state and tensions between state and citizenship); changes in lawyer demography (rapidly growing numbers and the profession’s efforts to retain control, the entry of women and obstacles to full gender equality, ethnic diversity); legal education (the proliferation of institutions and pedagogic innovation); the regulation of lawyers; structures of production (especially the growth of large firms and the impact of technology and paraprofessionals); the distribution of lawyers across roles; and access to justice (state-funded legal aid and pro-bono services). The juxtaposition of the reports reveals the dramatic transformations of professional rationales, labour markets, and working practices and the multiple contingencies of the role of lawyers in societies experiencing increasing juridification within a new geopolitical order.Trade ReviewAn amazing resource for those interested in a comparative understanding of how many legal professions across the world are being affected by a number of common factors canvassed in the book … This book is a very good first stop for the details on the legal professions in particular jurisdictions and an incomparable resource for anyone with a keen interest in the legal profession. Reading it should more than whet the appetite for the next volume. -- Donald J Nicolson * SCOLAG Legal Journal *This first volume … constitutes a useful resource for those interested in the legal profession in the countries studied. -- Florent Frasque, Sciences Po Grenoble * Droit et société (Bloomsbury translation) *The book gives an extremely illuminating insight into the inner workings of the legal profession, the bar associations and the political actors, the judiciary and the respective state apparatus … ideal as a reference work. -- Rechtsanwalt Riad Khalil Hassanain * Mitteilungen der Bundesrechtsanwaltskammer (Bloomsbury translation) *It is clear that the book has a valuable scope as it reminds us of the need for data and research-based social scientific analyses, especially for Turkey, where the legal profession is increasingly discussed. -- Elyesa Koytak * Insan & Toplum (Bloomsbury translation) *It has been no mean achievement to have brought a global project of this scale to the point where these outstanding volumes amass so much original thought and material on modern legal professions … There is plenty here to inform and motivate future research on legal professions, and, within the parameters set by the editors, both volumes successfully meet their objectives. -- Kim Economides, University of Southern Queensland * Journal of Law and Society *Table of Contents1. Lawyers in a New Geopolitical Conjuncture: Continuity and Change Hilary Sommerlad and Ole Hammerslev PART I ANGLO-AMERICAN COMMON LAW 2. Australia: A Legal Profession Globalised and Magnified Margaret Thornton and Asmi Wood 3. Canada: Continuity and Change in a Modern Legal Profession Ronit Dinovitzer and Meghan Dawe 4. England and Wales: A Legal Profession in the Vanguard of Professional Transformation? Hilary Sommerlad, Andrew Francis, Joan Loughrey and Steven Vaughan 5. Scotland: Caught between Nationalism and the Market: What Does the Future Hold for Scots Lawyers? Alan Paterson and Peter Robson 6. United States: Out of Many Legal Professions, One? Scott L Cummings, Carroll S Seron, Ann Southworth, Rebecca L Sandefur, Steven A Boutcher and Anna Raup-Kounovsky PART II WESTERN EUROPEAN CIVIL LAW 7. Belgium: A Law Degree Opens the Door to a Lot of Occupations, Even the Bar Steven Gibens, Bernard Hubeau, Stefan Rutten, Jean Van Houtte and Margot Van Leuvenhaege 8. Denmark, Sweden and Norway: Liberalisation, Differentiation and the Emergence of a Legal Services Market Ole Hammerslev 9. France: The Reconfiguration of a Profession Christian Bessy and Benoit Bastard 10. Germany: Resistance and Reactions to Demands of Modernisation Matthias Kilian and Ulrike Schultz 11. Italy: A Delicate Balance between Maintenance and Change Evelyn Micelotta and Gabrielle Dorian 12. Netherlands: Developments and Challenges Nienke Doornbos and Leny de Groot-van Leeuwen 13. Switzerland: The End of Prosperity in the Age of Globalisation? Isabel Boni-Le Goff, Eléonore Lépinard, Grégoire Mallard and Nicky Le Feuvre PART III EASTERN EUROPE AND RUSSIA 14. Czech Republic: Legal Professions Looking for Serenity and Stability Jan Kober 15. Poland: Opening the Legal Professions Kaja Gadowska 16. Russia: Challenges of the Market and Boundary Work Ekaterina Moiseeva and Timur Bocharov 17. Serbia and Bosnia and Herzegovina: Challenges of Liberalisation and Democratic Consolidation Danilo Vukovic, Valerija Dabeticand Samir Foric PART IV LATIN AMERICA 18. Argentina: The Long Transition of the Legal Profession Martin Böhmer 19. Brazil: Fragmentary Development, Democratisation, and Globalisation Maria da Gloria Bonelli and Pedro Fortes 20. Chile: Lawyers Engage with the Market, Specialisation, and Rights Cristián Villalonga 21. Mexico: Significant Growth and Under-Regulation of the Legal Profession Luis Fernando Perez-Hurtado 22. Venezuela: A Despatch from the Abyss Manuel Gómez and Rogelio Pérez-Perdomo PART V AFRICA 23. Burundi: Middlemen and Opponents in the Shadow of the Ethno-state Sara Dezalay 24. Kenya: Between Globalisation and Constitutionalism Winifred Kamau 25. Nigeria: An Account of Adaptation Enibokun Uzebu-Imarhiagbe 26. South Africa: A Profession in Transformation Jonathan Klaaren 27. Zimbabwe: Legal Practitioners, Politics and Transformation Since 1980 George H Karekwaivanane PART VI NORTH AFRICA AND MIDDLE EAST 28. Egypt: The Long Decline of the Legal Profession Nathalie Bernard-Maugiron and Menna Omar 29. Iran: A Clash of Two Legal Cultures? Reza Banakar and Keyvan Ziaee 30. Israel: Numbers, Make-Up and Modes of Practice Eyal Katvan, Limor Zer-Gutman and Neta Ziv 31. Libya: Lawyers between Ideology and the Market Jessica Carlisle 32. Palestine: Lawyering between Colonisation and the Struggle for Professional Independence Mutaz M Qafisheh 33. Tunisia: A Political Profession? Eric Gobe 34. Turkey: Emergence and Development of the Legal Profession Seda Kalem PART VII ASIA 35. China: A Tale of Four Decades Sida Liu 36. India: Present and Future: A Revised Sociological Portrait Swethaa S Ballakrishnen 37. Indonesia: Professionals, Brokers and Fixers Santy Kouwagam and Adriaan Bedner 38. Japan: Towards Stratifi cation, Diversification and Specialisation Masayuki Murayama 39. Myanmar: Law as a Desirable and Dangerous Profession Melissa Crouch 40. South Korea: Reshaping the Legal Profession JaeWon Kim 41. Taiwan and Hong Kong: Localisation and Politicisation Ching-Fang Hsu 42. Thailand: The Evolution of Law, the Legal Profession and Political Authority Frank W Munger 43. Vietnam: From Cadres to a ‘Managed’ Profession Pip Nicholson and Do Hai Ha 44. Comparative Sociology of Lawyers, 1988–2018: The Professional Project Richard L Abel

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Book SynopsisThis book presents an invaluable collection of essays by eminent scholars from a wide variety of disciplines on the main issues currently confronting legal professions across the world. It does this through a comparative analysis of the data provided by the reports on 46 countries in its companion volume: Lawyers in 21st-Century Societies: Vol. 1: National Reports (Hart 2020). Together these volumes build on the seminal collection Lawyers in Society (Abel and Lewis 1988a; 1988b; 1989). The period since 1988 has seen an acceleration and intensification of the global socio-economic, cultural and political developments that in the 1980s were challenging traditional professional forms. Together with the striking transformation of the world order as a result of the fall of the Soviet bloc, neo-liberalism, globalisation, the financialisation of capitalism, technological innovations, and the changing demography of lawyers, these developments underscored the need for a new, comparative exploration of the legal professional field. This volume deepens the insights in volume 1, with chapters on legal professions in Africa, Latin America, the Islamic world, emerging economies, and former communist regimes. It also addresses theoretical questions, including the sociology of lawyers and other professions (medicine, accountancy), state production, the rule of law, regional bodies, large law firms, access to justice, technology, casualisation, cause lawyering, diversity (gender, race, and masculinity), corruption, ethics regulation, and legal education. Together with volume 1, it will inform and challenge conceptions of the contemporary profession, and stimulate and support further research.Trade ReviewIt has been no mean achievement to have brought a global project of this scale to the point where these outstanding volumes amass so much original thought and material on modern legal professions … There is plenty here to inform and motivate future research on legal professions, and, within the parameters set by the editors, both volumes successfully meet their objectives. -- Kim Economides, University of Southern Queensland * Journal of Law and Society *Table of ContentsINTRODUCTION 1. Studying Lawyers Comparatively in the 21st Century: Issues in Method and Methodology Hilary Sommerlad (University of Leeds, UK) and Ole Hammerslev (University of Southern Denmark, Denmark) PART I COMPARISONS: REGIONS, RELIGIONS, POLITICAL ECONOMIES 2. Evolution of Latin American Lawyers Over Three Decades: 1990–2020 Manuel A Gómez (Florida International University, US) 3. Africa’s Lawyers: From Imperial Agents to Legal Brokers in Global Markets Sara Dezalay (Cardiff University, UK) 4. Lawyers in the Muslim World: Between Social Transformation, Judicial Control, and Feminisation Mirjam Künkler (Netherlands Institute for Advanced Study in the Humanities and Social Sciences, Netherlands) 5. Post-Socialist Legal Professions: Jurisdictional Volatility, Changing Regulatory Logics and the Return of Guilds Rafael Mrowczynski (Imre Kertész Center for Advanced Studies, Friedrich Schiller University Jena, Germany) PART II DIVERSITY 6. Understanding Gender Inequality in the Legal Profession Marta Choroszewicz (University of Eastern Finland, Finland) and Fiona Kay (Professor of Sociology, Queen’s University, Canada) 7. Men, Masculinities and the Legal Professions: Asking the ‘Man Question’ Richard Collier (Newcastle Law School, UK) 8. Race, Ethnicity and the Legal Profession Hilary Sommerlad (University of Leeds, UK), Angela Melville (College of Business, Government and Law, Flinders University, Australia), Lisa Hanson (Wardiparingga Aboriginal Health Equity Research Group, South Australian Health and Medical Research Institute, Adelaide, Australia) ), Sameer Ashar (University of California Irvine, US), Meera Deo (Southwestern Law School, US) and Marijke ter Voert (Faculty of Law, Radboud University, Netherlands) PART III PRODUCTION OF LAW AND LAWYERS 9. Still Special After All These Years? Fundamental Questions in Legal Services Regulation Andrew Boon (City Law School, City, University of London, UK) and Noel Semple (University of Windsor, Canada) 10. When and Why Do Lawyer Organisations Seek to Influence Law? Lynn Mather (University at Buffalo School of Law, US) and Leslie C Levin (University of Connecticut, US) 11. Globalisation and Education: Reconfigurations in Location, Scale, Form and Content Ole Hammerslev (University of Southern Denmark, Denmark) 12. Paralegals and the Casualisation of Legal Labour Markets Hilary Sommerlad (University of Leeds, UK), Jeanne Hersant (School of Social Work, Pontifical Catholic University of Chile, Chile), Nina Holvast (School of Law, Erasmus University Rotterdam, Netherlands), Luca Verzelloni (Centre for Social Studies, University of Coimbra, Portugal), Stefanie Gustafsson (School of Management, University of Bath, UK), Rebecca L Sandefur (Sanford School of Social and Family Dynamics, PART IV LAWYERS AND SOCIAL JUSTICE 13. Lawyers and Access to Justice Rosemary Hunter (University of Kent, UK), Annette Olesen (Faculty of Social Sciences, Aalborg University, Denmark) and Rebecca L Sandefur (Sanford School of Social and Family Dynamics, Arizona State University, US) 14. Cause Lawyering in Conflicted, Authoritarian and Transitional Societies: Politics, Professionalism and Gender Anna Bryson (School of Law, Queen’s University Belfast, UK), Kieran McEvoy (Queen’s University Belfast, UK) and Alex Batesmith (School of Law, University of Leeds, UK) 15. Advocates for Silenced Voices: How Human Rights Lawyers in Europe and Latin America Defend the Rule of Law Stefanie Lemke (International Institute for the Sociology of Law, Spain) PART V MULTINATIONAL FIRMS 16. The Many Lives of Big Law: Three Decades in the Evolution of Large Law Firms Manuel A Gómez (Florida International University, US) and Marc Galanter (University of Wisconsin Law School, US) 17. Globalisation, Lawyers, and Emerging Economies: The Rise, Transformation, and Significance of the New Corporate Legal Ecosystem in India, Brazil, and China David B Wilkins (Center on the Legal Profession, Harvard Law School, US), David M Trubek (University of Wisconsin-Madison, US) and Bryon Fong (Center on the Legal Profession, Harvard Law School, US) 18. Lawyers and the European Union: The Rise of a Regulatory Bar in Brussels (1989–2019) Lola Avril (Academy of European Law, European University Institute, Italy) PART VI SOCIOLOGY OF PROFESSIONS 19. Between Rules and Power: Finding a Place for Lawyers in the Sociology of Professions Sida Liu (University of Toronto, Canada) 20. Accountants versus Lawyers: Comparing the Moneymen with the Monied (Gentle)men Sundeep Aulakh (Employment Relations Division, Leeds University Business School, UK) 21. The Mutation of Medical Professionalism Mark Exworthy (School of Social Policy, University of Birmingham, UK) and Simon Moralee (Alliance Manchester Business School, UK) 22. Legal Technology: The Great Disruption? Julian Webb (Melbourne Law School, Australia) PART VII LAWYERS AND STATE PRODUCTION 23. State-Centred Comparison of Legal Professions in an Era of Globalisation Frank W Munger (New York Law School, US) 24. Law as Reproduction and Revolution: An Interconnected History of the Internationalisation of National Legal Hierarchies Yves Dezalay (Centre national de a recherche scientifique, France) and Bryant G Garth (University of California, Irvine, US) 25. Money Laundering, Corruption and the Legal Profession: An Exploration Mike Levi (School of Social Sciences, Cardiff University, UK) CONCLUSION 26. Comparative Sociology of Lawyers, 1988–2018: Governance, Regulation, Access to Justice, Political Engagement, Regime Change and the Rule of Law Richard L Abel (University of California, Los Angeles, US)

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Book SynopsisThis book proposes a new way of thinking about the controversial and complex challenges associated with the regulation of high-cost credit, specifically payday lending. These products have received significant attention in both the media and political arena. The inadequacy of regulatory interventions has created ongoing problems with the provision of high-cost credit, particularly for consumers with lesser bargaining power and who are already financially vulnerable. The book tackles two specific gaps in the existing literature. The first involves inadequate analysis of the relevant philosophical concepts around high-cost credit, which can result in an over-simplification of what are particularly complex issues. The second is a lack of engagement in both the market and lived experience of borrowers, resulting in limited understanding of those who use these financial products. The Future of High-Cost Credit explores the theoretical grounding, policy initiatives and interdisciplinary perspectives associated with high-cost credit, making a novel and insightful contribution to the existing literature. The problems with debt extend far beyond the legal sphere, and the book will therefore be of interest to many other academic disciplines, as well as for those working in public policy and ‘the third sector’.Trade ReviewIn a world of increasingly insecure work and runaway inflation, the regulation of payday loans is a central policy priority. The challenge is complex, requiring a broad, interdisciplinary understanding not only of current legal regimes, but also their history, political economy, and lived reality. In this pathbreaking book, Dr Jodi Gardner brilliantly draws on these perspectives to provide urgently required directions for reform. * Jeremias Adams-Prassl, Professor, University of Oxford, UK *This theoretically and empirically rich analysis of high-cost credit provides a clear argument for both regulatory and broader welfare approaches to tackle the problems it causes. As such, this book deserves to be widely read by lawyers and social scientists alike. * Karen Rowlingson, Professor of Social Policy and Dean of the Faculty of Social Sciences, University of York, UK *Jodi Gardner’s The Future of High-Cost Credit blends philosophical, politico-economic and socio-legal analysis to make a sophisticated and important contribution to the debate on regulation of high-cost credit. * Iain Ramsay, Emeritus Professor of Law, University of Kent, UK *Jodi Gardner’s book, The Future of High-Cost Credit, .... steps across the freedom versus regulation dichotomy that typically characterises debate around high cost credit. Taking a clear eyed view of the issues at hand, the book also addresses the often neglected policy debate relevant to the harms arising from consumer reliance on high cost credit ... The Future of High Cost Credit is valuable, and indeed crucial, reading for those interested in contract theory, credit and banking law, financial regulation and social justice. * Jeannie Paterson, Professor of Law, Melbourne Social Equity Institute, Australia *Gardner provides a deft exploration of high-cost credit, or ‘payday’ loans, in the UK – not shying away from complexity and debate. She lays bare the business models which can keep borrowers trapped in an exploitative and expensive cycle of credit, the insufficiencies of the existing regulatory approaches to tame the market, and why the problem will persist as poverty rates soar in the UK. This book is a devastating indictment of the system around high-cost credit. * Mia Gray, Professor of Geography, University of Cambridge, UK *Table of Contents1. Introduction 1.1. Payday Problems 1.2. Why High-Cost Credit? 1.3. Method, Scope and Jurisdiction 1.4. Outline PART I PHILOSOPHICAL CONTEXT: THE CONCEPTS OF HIGH-COST CREDIT 2. High-Cost Credit in the UK 2.1. How is High-Cost Credit Regulated? 2.1.1. The History of Moneylending Regulation 2.1.2. The Office of Fair Trading 2.1.3. The Financial Conduct Authority 2.1.4. Non-Regulatory Legal Enforcement 2.1.5. What Can We Learn? 2.2. What are the Challenges to Regulation? 2.2.1. Victim Blaming 2.2.2. Inadequate Engagement with the Market 2.2.3. What Can We Do? 2.3. Conclusion 3. Freedom 3.1. What is Freedom? 3.2. The History of Freedom 3.3. Justifying Freedom 3.3.1. Consent 3.3.2. Human Rights Approaches 3.3.3. Responsibilisation and Financialisation 3.3.4. Differing Approaches to Financial and Physical Products 3.4. Examples of Freedom 3.4.1. Restrictions on Who Can Lend 3.4.2. Disclosure Obligations and Advertising Restrictions 3.4.3. Cooling-Off Rights 3.4.4. Unfair Relationship Test 3.4.5. Vitiating Factors 3.5. Limitations of Freedom 3.5.1. Failure of Disclosure 3.5.2. Lack of Meaningful Choice 3.5.3. Poverty 3.6. Conclusion 4. Regulation 4.1. What is Regulation? 4.2. The History of Regulation 4.2.1. Usury, Religion and High-Cost Credit 4.2.2. The Development of Regulation 4.2.3. What Can We Learn? 4.3. Explanations for Regulation 4.3.1. Preventing Harmful Outcomes 4.3.2. Stopping Unconscionable Behaviour 4.3.3. Defending the Vulnerable 4.4. Examples of Regulation 4.4.1. Amending or Prohibiting Contract Terms 4.4.2. Prohibiting or Limiting Interest 4.4.3. Responsible Lending Obligations 4.4.4. Unfair Terms Legislation 4.4.5. Common Law Protections 4.5. Limitations of Regulation 4.5.1. Overlap with Limitations of Freedom 4.5.2. Illegal Lending 4.5.3. Financial Exclusion 4.6. Conclusion 5. A Social Minimum 5.1. What is a Social Minimum? 5.2. The History of A Social Minimum 5.2.1. Religious and Charitable Obligations 5.2.2. The Poor Laws 5.2.3. The Beveridge Report 5.2.4. After the ‘Welfare State’ 5.3. Explanations for a Social Minimum 5.3.1. Equality and Liberal Democracy 5.3.2. Government Duty 5.3.3. Social Minimum and Happiness 5.4. Examples of a Social Minimum Provision 5.4.1. Welfare Provision 5.4.2. Bankruptcy Relief 5.4.3. Vitiating Factors 5.5. Limitations of a Social Minimum 5.5.1. Impact on Property Rights 5.5.2. Responsibility for the Social Minimum 5.5.3. Moral Hazards 5.6. Conclusion PART II THE SOCIAL CONTEXT: IDENTIFYING HIGH-COST CREDIT BORROWERS 6. The Lived Experience 6.1. Research Method and Results 6.1.1. Methodology of Stakeholder Interviews 6.1.2. Methodology of Borrower Interviews 6.1.3. Interview Results 6.2. Financially Secure Borrowers 6.2.1. Lending Scenarios 6.2.2. Application to High-Cost Credit Concepts 6.2.3. Application to Current Legal Approach 6.3. Financially Insecure Borrowers 6.3.1. Lending Scenarios 6.3.2. Application to High-Cost Credit Concepts 6.3.3. Application to Current Legal Approach 6.4. Significantly Impaired Borrowers 6.4.1. Lending Scenarios 6.4.2. Application to High-Cost Credit Concepts 6.4.3. Application to Current Legal Approach 6.5. Conclusion 7. Future Directions 7.1. Law Reform Recommendations 7.1.1. Enhanced and Meaningful Disclosure 7.1.2. Responsible Lending Obligations 7.1.3. Opt Out Processes 7.2. Social Welfare Responses 7.2.1. Providing a Social Minimum 7.2.2. Maintaining a Social Minimum 7.3. Further Research 8. Conclusion

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Book SynopsisThis book presents a socio-legal examination of national and devolved-level developments in social protection in the UK, through the eyes of politicians and officials at the heart of this process. Since its inception in 1998, devolution has altered the character of the UK welfare state, with dramatic change in the 10 years since 2010. A decade of austerity at national level has exposed diverging view in how governments in London, Edinburgh and Belfast view the social rights of citizenship. This political divide has implications for both social security law, as the devolved countries begin to flex their muscles in this key area for citizens’ economic welfare, and the constitutional settlement. The book reflects on the impact of austerity, the referendum on Scottish independence and subsequent changes to the devolution settlement, Northern Ireland’s hesitant moves away from parity with Westminster in social protection, withdrawal from the European Union (Brexit), and the possible retreat from austerity during the COVID-19 pandemic. The social union may or may not be weakening; its character is unquestionably changing, and the book lays bare the ideological and pragmatic considerations driving legal developments. TH Marshall’s theory of citizenship provides the lens through which these processes are viewed, while itself being reinterpreted in light of the national government’s increasing delegation of responsibility for social rights – whether to individuals, the voluntary sector or lower tiers of government.Trade ReviewWhatever the outcome of current constitutional debates, the questions raised by devolution for social citizenship in general and social security in particular are likely to grow increasingly pertinent. This book provides a valuable signpost to the theoretical and policy issues it poses. -- Ruth Lister * Journal of Social Security Law *This is a path-breaking book that makes an important contribution to our understanding of recent developments in social security. * Journal of Law and Society *Table of Contents1. Introduction: Social Citizenship in an Age of Welfare Regionalism Introduction Social Citizenship Social Security and Multi-level Governance The Social Union and Welfare Regionalism Enter Coronavirus A Socio-legal Study of Social Citizenship Structure of the Book 2. A Socio-legal Perspective on Social Citizenship Introduction Marshall’s Theory of Citizenship: From Civil Rights to a ‘Right to Welfare’ Sources of Rights: Why Citizenship? On the Nature and Enforceability of Social Rights Conclusion 3. Social Citizenship and Multi-level Governance Introduction Social Citizenship and Multi-level Governance The Welfare State in the UK’s Devolution Settlement Towards Devolved Approaches to Social Security Conclusion 4. Twenty-first-century Welfare and the UK Model of Social Citizenship Introduction The Legislative Development of the Twenty-first-century Welfare State Implications for Social Citizenship Social Citizenship in a Pandemic Conclusion 5. Constructing Devolved Social Citizenships: Divergence from the UK Model of Social Security Introduction A Devolved-level Vision for Social Citizenship? Developing Social Security Policy and Systems Divergence in Devolved Social Security Benefits Administration, Service Delivery and Culture Conclusion 6. Rights and ‘Fairness’ in UK and Devolved Social Citizenships Introduction Human Rights and UK Social Security Human Rights in Devolved Social Security Fairness – To Whom? Conclusion 7. The Foundations of Devolved Social Citizenships Introduction Socio-economic Factors Ideological Factors Institutional Factors Conclusion 8. Social Citizenship and the Constitutional Future of the UK: Welfare Unionism, Nationalism and Regionalism Introduction Which Nation? National Identity as Ideological Identity Welfare Unionism, Nationalism and Regionalism An ‘Enduring Settlement’ Achieved? Conclusion 9. Towards Devolved Social Citizenships: How Far Have We Come and Where Are We Going? Introduction Scotland: From Principles to Practice Northern Ireland: Commitment to Parity Wanes, the Practice of Parity Remains Forces for Parity Policy Learning between Northern Ireland and Scotland Conclusion 10. Conclusion: The State of the Social Union Introduction Trajectories in Social Citizenship(s) A Vision for Social Citizenship – Or Visions for Social Citizenships? Still a UK Social Security System? The Social Union and the Political Union Marshall’s Theory of Citizenship in a Regionalised Welfare State Reflections

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Book SynopsisThis book makes a compelling case for placing the social and legal practices of inheritance centre stage to make sense of fundamental questions of our time. Drawing on historical, literary, sociological, and legal analysis, this rich collection of original, interdisciplinary and international contributions demonstrates how inheritance is and has always been about far more than the set of legal processes for the distribution of wealth and property upon death. The contributions range from exploring the intractable tensions underlying family disputes and the legal and political debates about taxation, to revisiting literary plots in the past and presenting a contemporary artistic challenge of heirship. With an introduction that presents a critical mapping of the field of inheritance studies, this collection reveals the complexity of ideas about ‘passing on’, ‘legacies’, and ‘heirlooms’; troubles some of the enduring consequences of ‘charitable bequests’, ‘family money’, and ‘estate planning; and, deepens our understanding of the intimate and political practices of inheritance.Table of Contents1. Introduction: Why Inheritance? Daniel Monk ( University of London, UK) and Suzanne Lenon (University of Lethbridge, Canada) Part One: Foregrounding Inequalities – Past and Present 2. Defining Family Trees and Building Family Fortunes: A Look into Dispossession and Enrichment Through Inheritance Laws, Allison Tait (University of Richmond, UK) 3. ‘My Reputed Children’: Legacies of Enslavement in Atlantic-Island Wills, Anne Bottomley (Kent Law School, UK) 4. ‘Charitable Inclinations’: Women’s Bequests to Ireland’s Magdalene Laundries, Máiréad Enright (Birmingham Law School, UK) Part Two: Legal Fiction and Wills in Fiction 5. Surnames and Inheritance: Will-Plotting and Female Economic Power in the Eighteenth-Century Novel, Jolene Zigarovich (University of Northern Iowa, USA) 6. Murder, Inheritance and Family Provision in the Golden Age of English Detective Fiction, Rebecca Probert (Exeter University, UK) Part Three: Resistance, Rights and Agency 7. The Story of the Pink Cat: An Exploration of the Ways Care-Experienced People Navigate Inheritance, Delyth Edwards (University of Leeds, UK) and Rosie Canning (University of Southampton, UK) 8. Queer Property, Russell Perkins (Artist, USA) 9. Sentimental Value: Keeping Inheritance in the Family, Sarah Gilmartin (Lancaster University, UK) and Anita Purewal (Lancaster University, UK) Part Four: Adjudicating Inheritance/Adjudicating ‘Family’ 10. How Social Norms and Values Influence the Balance between Wills Variation Claimants and Testators, Allison A Cartier (Juris Doctor, Canada) 11. Testamentary Freedom in Debate: The Prerequisite of the Notary to Pass Down and to Inherit, Corinne Delmas (Université Gustave Eiffel, France) 12. Children in Need and the Great Intergenerational Wealth Transfer: Squaring the Impossible Circle of Testamentary Freedom, Family Obligations and the Role of the State, Heather Conway (Queen’s University Belfast, UK) and Sheena Grattan (TEP, UK) Part Five: Looking Backwards into the Future 13. The Power of Blood: How Succession Law’s Reliance on DNA Reinvigorates White Supremacy and the Politics of Biological Privilege, Danaya C Wright (University of Florida, USA) 14. Women, Property and Agency: Contours of Matrilineal Inheritance among the Nayars in Kerala, India, Lekha N B (Sree Narayana College, India) and Antony Palackal (University of Kerala, India) 15. Egalitarianism or Just a Need for Revenues? Debates on Inheritance Taxation in Scandinavia, Martin Dackling (Lund University, Sweden) 16. Émile Durkheim’s Proposal to Abolish Inheritance, Mélanie Plouviez (Côte d’Azur University, France)

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Book SynopsisUsing law for good governance and development - a study of the ways in which African countries must use legislation to transform outmoded, inherited institutions that are preventing the worthwhile economic growth of the continent.

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Book SynopsisIn Capitalism: A Crime Story, Harry Glasbeek makes the case that if the rules and doctrines of liberal law were applied as they should be according to law's own pronouncements and methodology, corporate capitalism would be much harder to defend.

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Book SynopsisIn this groundbreaking work, French legal scholar Alain Supiot examines the relationship of society to legal discourse. He argues that the law is how justice is implemented in secular society, but it is not simply a technique to be manipulated at will: it is also an expression of the core beliefs of the West. We must recognize its universalizing, dogmatic nature and become receptive to other interpretations from non-Western cultures to help us avoid the clash of civilizations. In Homo Juridicus, Supiot deconstructs the illusion of a world that has become 'flat' and undifferentiated, regulated only by supposed 'laws' of science and the economy, and peopled by contract-makers driven by only the calculation of their individual interests.Trade ReviewFrance's most incisive jurist, Alain Supiot . has renewed the idea that all significant belief-systems require a dogmatic foundation by focusing its beam sharply, to the discomfort of their devotees, on the two most cherished creeds of our time: the cults of the free markets and of human rights. -- Perry Anderson * London Review of Books *Alain Supiot develops an original and ambitious approach of the place and role of the law for man with the curiosity and audacity of an anthropologist, but all the while avoiding thetrap of universalism... The use of an anthropological wide-focus lens furnishes him with a wealth of observations which ground a high-calibre reflection, rigorously documented with examples drawn from the legal domain. * Études *After centuries of triumphalism on behalf of homo economicus, one had given up hope of hearing one day about homo juridicus. We can only congratulate Alain Supiot for this work which defends the anthropological function of the law, reminding us that the human being is a metaphysical animal which exists not only in thew universe of things (the economic) but also in a universe of signs. * Revue trimestrielle de droit civil *Novel and crucial -- Peter Goodrich * Modern Law Review *

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Book Synopsis2019 Choice Outstanding Academic title I.B.Tauris in association with the Institute of Ismaili Studies Why is the term shari?a-the mention of which conjures up images of a politicised religion in many parts of the world-understood in the ways that it is today? For Muslims and non-Muslims alike, much is read into this term, often with scant regard for its historical, cultural or theological underpinnings. The politics of identity has a profound effect on contemporary life, both secular and religious, and this includes our understandings of the shari?a. Yet at the core of this concept, for Muslims, is the quest for a moral compass by which to navigate a path through life (Qur'an, 45:18), informed deeply by revelation and its interpretation by the Prophet Muhammad as well as his closest Companions. Built on this foundation is an ongoing human endeavour to grasp and lend expression to that teaching-elaborately in law, but no less so in devotional, ethical and customary practices in diverse Shi?i and Sunni Muslim communities, including in the West. Popular myths about the shari?a - that it is divine law, that it is contained in a single code recognised by all Muslims, that it is about controlling behavior, that it `defines' Islam - are challenged in this volume by leading scholars, with a view to illuminating how we arrived here and where we might be headed. The claims of the modern state as the custodian of the shari?a are put into perspective, alongside the vital role of a pluralist civil society. From bioethics, human development, family law and finance to constitutional and human rights issues, this fifth volume in the Muslim Heritage Series offers an accessible account of the ideals and realities of the shari?a. As such, it will appeal not only to specialists in the humanities and social sciences, but also to the general reader with an interest in global affairs and informed citizenship.Trade ReviewEach essay includes helpful suggestions for further reading. This book opens the way to a new inquiry: Shari'a as the linking of divine will and human good. It makes for excellent reading and thinking ... Summing Up: Highly recommended. * CHOICE *Successfully [conjoins] the rich, sometimes turbulent, development of Islamic history, juristic tradition, philosophy and Islamic thought in an accessible and excellent manner, notwithstanding the different specialties/approaches of the authors ... I would recommend this collection to other students and specialists in the humanities and social sciences, and for the general reader to gain insight into the prospective role and application of the Shari'ah in the modern world. * The Muslim World Book Review *Table of Contents1. Introduction: A Multifaceted Venture – Amyn B. Sajoo; 2. Foundations – Khaled Abou al Fadl; 3. Recovering the Ethical – Ebrahim Moosa; 4. Sustaining and Enhancing Life – Karim H. Karim; 5. Spiritual Refinement – Sa’diyya Shaikh; 6. Women’s Equality – Ziba Mir-Hosseini; 7. Family Law to Finance – Mohamed Keshavjee & Raficq Abdulla; 8. Bioethics – Amyn B. Sajoo; 9. Legitimizing Authority – Amaan Merali; 10. Democratisation and Shari?a: The Indonesian Experience - Carool Kersten; 11. Shari?a in the Western Landscape – Nicholas Ahrony & Rex Ahdar; 12. Secularism and the Shari?a: Lessons from an Ontario Debate – Jennifer Selby.

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

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

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

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

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

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

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Book SynopsisThe Palgrave Handbook of Criminal and Terrorism Financing Law focuses on how criminal and terrorist assets pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. In response to the funds generated by or for organised crime and transnational terrorism, strategies have been elaborated at national, regional, and international levels for laws, organisations and procedures, and economic systems. Reflecting on these strands, this handbook brings together leading experts from different jurisdictions across Europe, America, Asia, and Africa and from different disciplines, including law, criminology, political science, international studies, and business. The authors examine the institutional and legal responses, set within the context of both policy and practice, with a view to critiquing these actions on the grounds of effective delivery and compliance with legality and rights. In addition, the book draws upon the experiences of the many senior practitioners and policy-makers who participated in the research project which was funded by a major Arts and Humanities Research Council grant. This comprehensive collection is a must-read for academics and practitioners alike with an interest in money laundering, terrorism financing, security, and international relations.Trade Review“Reviewing this book from a practitioner perspective, it does focus on areas of law, policy, response, and responsibility … I find this book to be an all-embracing one on the subject of Criminal and Financial Law that is, a ‘must have and read’ for all involved in this subject of enquiry.” (David M.J. Graves, Policing, August 11, 2018)“A prime goal behind The Palgrave Handbook of Criminal and Terrorism Financing Law is to seek to understand legal structures and measures in the context of practice. … Their valuable insights are reflected in the book. … The Palgrave Handbook of Criminal and Terrorism Financing Law delivers original, theoretically informed, and well-referenced analysis, which is accessible to both practitioners and scholars alike in multiple jurisdictions.” (Scriptable, rtreview.org, Issue 27, July, 2018)Table of ContentsPt I INTRODUCTORY SECTION.- 1. Criminal and Terrorism Financing Law; Clive Walker, Colin King, and Jimmy Gurulé.- Pt II ANTI-MONEY LAUNDERING.- 2. Anti-Money Laundering; Colin King.- 3. The Global AML Regime; Dr Maria Bergstrom, Uppsalla University.- 4. Globalisation, Money Laundering and the City of London; Prof. Leila Simona Talani, Kings College London.- 5. The Production of Suspicion in Retail Banking; Dr Vanessa Iafolla, University of Alberta.- 6. Money Laundering, Anti-Money Laundering and the Legal Profession; Dr Katie Benson, University of Manchester.- 7. Cash, Crime and Anti-Money Laundering; Dr Michele Riccardi, Transcrime and Prof Mike Levi, Cardiff.- 8. Money Laundering in a Virtual World; Dr Clare Chambers-Jones, UWE.- 9. A Bit(coin) of a Problem for the EU AML Framework; Dr Mo Egan, Stirling University.- 10. ‘Fake Passports’ Kenneth Murray, Police Scotland.- 11. De-risking; Vijaya Ramachandran, Matthew Collin, and Matt Juden, Center for Global Development.- 12. Punishing Banks, Their Clients, and Their Clients’ Clients; Prof. Mike Levi, Cardiff University.-13. A Critical Analysis of the Effectiveness of Anti Money Laundering Measures with Reference to Australia; Prof David Chaikin, Business School, University of Sydney.- 14. The Effectiveness of Anti Money Laundering Policy; Dr Joras Ferwerda, Utrecht.- 15. A 'Risky' Risk Approach; Prof Petrus van Duyne, Tilburg; Prof Jackie Harvey, Northumbria, and Dr Liliya Gelemerova.- Pt III ASSET RECOVERY.- 16. Asset Recovery; Colin King.- 17. Mutual Recognition and Confiscation of Assets; Prof. Anna Maria Maugeri, Catania, Italy.- 18. Asset Forfeiture in the US; Stef Cassella.- 19. Post-Conviction Confiscation in England and Wales; Judge Michael Hopmeier and Alex Mills.- 20. Disproportionality in Asset Recovery; Prof. Simon Young, Hong Kong.- 21. Confiscating Dirty Assets; Dr Michele Panzavolta, Leuven.- 22. Civil Recovery in England and Wales; Prof. Peter Aldridge, QMUL.- 23. An Empirical Glimpse of Civil Forfeiture Actions in Canada; Prof. Michelle Gallant, University of Manitoba.- 24. The Difficulties of Belief Evidence and Anonymity in Practice; Dr Colin King, University of Sussex.- 25. International Asset Recovery and the United Nations Convention against Corruption; Dr Dimitris Ziouvas, University of Sussex.- 26. In Pursuit of the Proceeds of Transnational Corporate Bribery; Dr Nicholas Lord, University of Manchester and Prof Mike Levi, Cardiff.- 27. In Search of Transnational Financial Intelligence; Dr Anthony Amicelle, University of Montreal and Dr Killian Chaudieu, University of Lausanne.- 28. Taxing Crime; Dr Ray Friel and Prof Shane Kilcommins, University of Limerick.- 29. The Disposal of Confiscated Assets in the EU Member States; Dr Barbara Vettori, University of Milan.- Pt IV COUNTER-TERRORISM FINANCING.- 30. Counter-Terrorism Financing; Clive Walker.- 31. A Finance/Security Assemblage; Prof. Marieke de Goede, Amsterdam.- 32. The Financial War on Terrorism; Professor Nicholas Ryder, Rachel Thomas and Georgina Webb, UWE, Bristol.- 33. Legal and Regulatory Approaches to Counter Terrorism Financing; Dr Christopher Michaelsen, UNSW and Doron Goldbarsht, UNSW.- 34. Examining the Efficacy of Canada's Anti-Terrorist Financing Laws; Prof. Anita Anand, University of Toronto.- 35. Ten Years of the EU’s Fight against CTF; Dr Oldrich Bures, Metropolitan University Prague.- 36. The United Nations Security Council Sanctions Regime against the Financing of Terrorism; Cathleen Powell, Cape Town.- 37. The Intersection of AML/SFT and Security Council Sanctions; Prof. Kimberley Prost, ex-UN Ombudsperson.- 38. Sanctions in Armed Conflict; Dr Luca Pantaleo, Asser Institute, Amsterdam.- 39. Applying Social Network Analysis to Terrorist Financing; Prof Christian Leuprecht, Royal Military College of Canada + Oliver Walther, University of Southern Denmark.- 40. Criminal Prosecutions for Terrorism Financing in the UK; Nasir Hafezi, Karen Jones, and Clive Walker.- 41. The Failure to Prosecute ISIS’s Foreign Financiers under the Material Support Statute; Prof. Jimmy Gurule, Notre Dame, Indiana and Sabina Danek.- 42. Informal Money Exchange Regulation; Dr Karen Cooper, JMUL.-43. Responding to Money Transfers by Foreign Terrorist Fighters; Duncan DeVille, Western Union and Daniel Pearson.- 44. Terrorism Financing and the Policing of Charities; Prof. Clive Walker, Leeds.- 45. Regulating Charitable Giving in Malaysia; Dr Zaiton Hamin, UiTM, Kuala Lumpur46. Kidnap and Terrorism Financing; Prof Yvonne Dutton, Indiana.- 47. The Illicit Antiquities Trade and Terrorism Financing; Mark Vlasic, Georgetown University Law Center and Jeffrey Paul DeSousa

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Book SynopsisFirst Published in 1987. This is Volume six of the annual published under the auspices of the Institute of Jewish Law of the Boston University School of Law. The symposium on the Philosophy of Jewish Law, which forms the main content of both this and the next issue, represents a major contribution to an area of investigation which has attracted increasing interest in recent years.Table of ContentsJewish Law Annual (Vol 6)

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Book SynopsisThis book is about how European Union (EU) law is made. It is about the ways in which legally binding rules in the form of EU Regulations, Directives and Decisions are produced through interaction between the EU institutions: the independent European Commission; the Council, bringing together the Member States; and the European Parliament, directly elected by EU citizens. It has a particular approach which distinguishes it from the many other books which are published on EU law, institutions, politics and policies. The aim is to make it possible for people not only to see the ‘big picture’ of EU law-making, and to understand the main principles which underlie this system, but also to find a lot of the practical details. It therefore offers a concise overview of EU law-making which highlights the main principles and structures involved, and it places the different steps in context around a ‘policy cycle’. This cycle is illustrated not only by examples and mini-cases at all stages, but also by a more detailed case study which looks at the EU Timber Regulation around the whole cycle. In addition, the book supplies details about the procedures and practices of law-making which are often sought after by EU policy ‘practitioners’, as well as students of EU decision-making, and which so far have not been easily, if at all, to be found in published literature. While the book should be of use and interest to all those interested in how the EU works, it is written with a certain emphasis on what it all means for public actors. Almost all public officials in Europe are affected in one way or another by decisions taken in the EU, and an increasing number of officials are directly involved in shaping or implementing these decisions. Yet, as the EU has grown in size, scope and complexity, it has become increasingly difficult for people to have a clear idea of what the EU actually does, and how it really works. It is not always obvious, even to officials who are personally involved, how individual actions in the EU setting fit into the overall policy process. This book aims to answer that question.Table of ContentsPart 1 Preface and acknowledgements. List of illustrations. Part 2 1. Introduction: EU Law-Making and the Policy Cycle 2. Policy Initiation: the European Commission 3. Legislative Decision-Making: the Parliament and the Council 4. Delegated and Implementing Acts 5. Case Study: the EU Timber Regulation 6. Conclusions: EU Law-Making and EU Governance Part 3: Annexes Annex 1. EU legally binding acts (2010-2012) Annex 2. Special legislative procedures: indicative overview Annex 3. Non-legislative procedures for the adoption of legally binding acts directly based on treaty articles

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Book SynopsisThe concept of 'human dignity' has become central to politics, law and theology but is little understood. This book presents a wide-ranging collection of edited essays from specialists in law, theology, politics and history and seeks to define the main areas of current debates about the concept in these disciplines.Trade ReviewThe genesis of this truly remarkable collection of essays and papers ... [draws] together a stellar, multidisciplinary group including historians, legal academics, judges, political scientists, theologians and philosophers, to discuss the concept of human dignity from their various disciplinary perspectives ... It is that interdisciplinary flavour which gives the book its greatest strength * David Turner, QC, Ecclesiastical Law Journal *Understanding Human Dignity is a highly recommendable transdisciplinary book, which provides both a good overview and in depth analysis of contemporary debates about dignity. What makes it particularly valuable and enriching is the constant dialogue between theory and practice in mutually illuminating ways, where conceptual analyses of various ways of grounding and approaching dignity interact with analyses of a rich variety of concrete material from law cases or historical cases. * Iben Damgaard, Theologische Literaturzeitung *Table of ContentsPART I: HISTORICAL PERSPECTIVES ; PART II: DIGNITY CRITIQUES ; PART III: THEOLOGICAL PERSPECTIVES ; PART IV: PHILOSOPHICAL PERSPECTIVES ; PART V: JUDICIAL PERSPECTIVES ; PART VI: APPLICATIONS ; PART VII: WAYS FORWARD?

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

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Book SynopsisDemonstrates that the weaknesses of international rule of law confound legalist ambitions - and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests.Trade Review"Posner has provided an intellectual history of a concept, 'legalism,' as well as what could be considered the sociology of a profession." (Journal of International Law and Politics) "A spirited attack on 'excessive faith in the efficiency of international law.' " (Foreign Affairs)"

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Book SynopsisA portrait of the lawyers who serve the diverse constituencies of the conservative movement. It explains what unites and divides lawyers for the three major groups - social conservatives, libertarians, and business advocates - that have coalesced in recent decades behind the Republican Party.Trade Review"Presenting her subjects straight-forwardly, without making judgments about the issues that they and their organizations support, Ann Southworth rejects the notion that the lawyers for the right are less deserving than lawyers for the left of the 'cause lawyer' title. The topic is fascinating. Southworth's portraits and analyses of the various parties, especially the mediators of the Federalist Society and the Heritage Foundation, are illuminating. And the tone is just right." - Bryant Garth, Southwestern Law School"

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Book SynopsisTrade Review"Elaine Craig offers a compelling, timely, and empirically rigorous indictment of Canadian legal professionals for their collective failure to act lawfully and ethically towards complainants in sexual assault cases." Canadian Journal of Law & Society"This thorough and convincing book should be required reading for students and practitioners of criminal law and for the law societies that govern professional conduct. It will be a useful resource for feminists concerned about the treatment of women in sexual assault trials and the psychology professionals who deal with the aftermath suffered by victims." Quill & Quire"Putting Trials on Trial: Sexual Assault and the Failure of the Legal Profession - a rigorous and damning indictment of the justice and legal systems' handling of sexual-assault cases in Canada - was finished before the #MeToo and #TimesUp movements seized national headlines. But it is arguably now more relevant than ever. For actors in and outside the legal profession, there is no shortage of answers in Craig's excoriating study. This book will undoubtedly generate controversy as it delivers a verdict upon the Canadian legal system: guilty." The Globe and Mail

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Book SynopsisHighlights the global movement for historical justice—acknowledging and redressing historic wrongs—as one of the most significant moral and social developments of our times. Such historic wrongs include acts of genocide, slavery, systems of apartheid, the persecution of presumed enemies of the state, colonialism, and the oppression of or discrimination against ethnic or religious minorities.

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Book SynopsisWhat can forgiveness achieve in this age of resentment?

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Book Synopsis

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Book SynopsisSchroeder brings toether very different theories and provides a completely new view on law and economics. Looks at contemporary debates in legal theory through the lens of psychoanalysis and continental philosophy. Through metaphors drawn from classical mythology.Table of ContentsIntroduction: Juno Moneta Chapter 1. Pandora's Amphora: The Eroticism of Contract and Gift Prologue: The Myth of Allgifts The Nature of Gift Gift as Potlatch The Eroticism of the Market Commodification and Relationship Epilogue: Pandora's Gift Chapter 2. Orpheus's Desire: The End of the Market Prologue: Orpheus and Eurydice, Eros and Thanatos The Desire of Economics The Perfect Market The Perfect Market as the End of the Actual Market Chapter 3. Narcissus's Death: The Calabresi-Melamed Trichotomy Prologue: Narcissus Viewing the Cathedral; Seeing the Feminine Three's a Crowd: The Calabresi and Melamed Trichotomy Six Hypotheticals Property Procedural and Substantive Critiques of the Calabresi and Melamed Trichotomy Conclusion: The Masculine Phallic Metaphor Chapter 4. The Midas Touch: The Lethal Effect of Wealth Maximization Prologue: The Golden Touch Defining Wealth The Denial of Enjoyment Lacan avec Posner Epilogue: The Ass's Ears Chapter 5. The Eumenides' Return: The Founding of Law Through the Repression of the Feminine Prologue: The Deus ex Machina The Erinyes The Law's Necessary Repression of the Feminine Epilogue: The Birth of Venus Index

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Book SynopsisUsing a fresh approach to understanding consent, the author presents two case studies of activities in which participants engage in violent acts: competitive mixed martial arts (MMA) and sexual sadism and masochism (BDSM).

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Book SynopsisUsing a fresh approach to understanding consent, the author presents two case studies of activities in which participants engage in violent acts: competitive mixed martial arts (MMA) and sexual sadism and masochism (BDSM).

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Book SynopsisThis comprehensive examination of the laws governing the punishment, detention, and protection of people with mental disabilities provides innovative solutions to problems associated with criminal responsibility, protection of society from dangerous individuals, and the state's authority to act paternalistically.Trade ReviewWith penetrating analysis and startling originality, Slobogin examines the underpinnings of mental health law, cutting across both criminal and civil domains, to propose a provocative restructuring of legal doctrine. This extremely well-written book is a superb example of interdisciplinary scholarship, combining philosophical, legal, and clinical insights in a new synthesis. -- Bruce J. Winick, Professor of Law and Professor of Psychiatry and Behavioral Sciences, University of MiamiSlobogin's book is a tour de force on issues concerning interventions into the lives of those with mental illness. -- Elyn Saks, Orrin B. Evans Professor of Law, Psychology, and Psychiatry and the Behavioral Sciences at the Gould School of Law, University of Southern CaliforniaTable of ContentsPreface 1. The Clinical and Legal Landscape Part I: The Punishment Model 2. The Insanity Defense 3. Mental Disability and the Death Penalty Part II: The Prevention Model 4. A Jurisprudence of Dangerousness 5. The Civilization of the Criminal Law Part III: The Protection Model 6. Competency in the Criminal Process 7. Treatment Decision-Making Conclusion: Rethinking Legally Relevant Mental Disorder Notes Index

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Book SynopsisTrade Review"One of Diane Coyle's Best Economic Books of 2018""One of the most interesting and exhilarating books I’ve read for ages. . . . This is a beautifully written book, very profound. . . . The Republic of Beliefs offers a distinctive and revealing perspective on public policy, and couldn’t be more timely."---Diane Coyle, Enlightenment Economics"In this important book which is most lucidly written, Basu shows that a game-theory paradigm can lead us to ask critically important questions about what it is that might make people observe the law."---Robert Lee, Journal of Law and Society"An unqualified success. . . . the argument in its totality is overwhelming, and it is only to behoped that practitioners of the discipline of law and economics will be willing to bringits suggestions to fruition."---Mario Ferrero, Journal of Economics"The book is a message of hope that institutions and laws governing citizens are not static. It has the potential to reinvigorate the space for multidisciplinary inquiries into law and economics, and promises to develop a framework for law and economics that departs from orthodoxy."---Sarthak Gaurav, Economic & Political Weekly"The book resolves several conundrums faced by the existing L and E discipline. . . . the book provides a rich framework that can be used by the researchers and policymakers to address the outstanding issues."---Ram Singh, Indian Economic Review

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Book SynopsisThe meaning of criminal responsibility emerged in early- to mid-twentieth-century Canadian capital murder cases through a complex synthesis of socio-cultural, medical, and legal processes. Kimberley White places the negotiable concept of responsibility at the centre of her interdisciplinary inquiry, rather than the more fixed legal concepts of insanity or guilt. In doing so she brings subtlety to more general arguments about the historical relationship between law and psychiatry, the insanity defence, and the role of psychiatric expertise in criminal law cases.Through capital murder case files, White examines how the idea of criminal responsibility was produced, organized, and legitimized in and through institutional structures such as remissions, trial, and post-trial procedures; identity politics of race, character, citizenship, and gender; and overlapping narratives of mind-state and capacity. In particular, she points to the subtle but deeply influential ways in which comTrade Review"The scholarship is both extensive and rigorous. This book will make a pioneering and important contribution to Canadian historiography and social science in the area of mental disorder and justice. - Michael Petrunik, Department of Criminology, University of Ottawa"Table of ContentsPreface1 Introduction2 The Making and Mapping of Capital Murder Case Files3 Criminological Thinking and Ways of “Knowing” the Criminal4 Negotiating Responsibility in Law’s “Marketplace”: Beyond the Insanity Defence5 The Racialization of Criminal Responsibility6 Murder between “Wives” and “Husbands”7 Concluding ThoughtsAppendicesNotesBibliography

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Book SynopsisLaw and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.Trade Review"The range of perspectives offered on the vexed relationship between law and religion is one of the strengths of this book. It clearly illustrates the multiple dimensions involved, the lack of easy solutions, and the many defensible positions that one can take. Law and Religious Pluralism in Canada will contribute significantly to the literature and debates on this pressing issue. - Peter Beyer is a Professor of Religious Studies at the University of Ottawa and the author of Religions in Global Society.Table of ContentsIntroduction: Law and Religious Pluralism in Canada / Richard Moon1 View from the Succah: Religion and Neighbourly Relations / Shauna Van Praagh2 Clashes of Principle and the Possibility of Dialogue: A Case Study of Same-Sex Marriage in the United Church in Canada / Jennifer Nedelsky and Roger Hutchinson 3 Associational Rights, Religion, and the Charter / David Schneiderman4 The Canadian Conception of Equal Religious Citizenship / Bruce Ryder5 Living by Different Law: Legal Pluralism, Freedom of Religion, and Illiberal Religious Groups / Alvin Esau6 In the (Canadian) Shadow of Islamic Law: Translating Mahr as a Bargaining Endowment / Pascale Fournier7 Living Law on a Living Earth: Aboriginal Religion, Law, and the Constitution / John Borrows8 Defining Religion: The Promise and the Peril of Legal Interpretation / Lori G. Beaman9 Government Support for Religious Practice / Richard Moon10 Ontario’s Sharia Law Debate: Law and Politics under the Charter / Lorraine E. Weinrib11 Law’s Religion: Rendering Culture / Benjamin L. Berger Index

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Book SynopsisLegal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence.Trade ReviewTaiwo proposes the novel, even startling thesis that 'an adequate Marxist theory of law must locate itself in the natural law tradition.' Examining Marx's early as well as later works, Taiwo claims that Marx moved from a position of legal rationalism to legal naturalism, finding the source of natural law in society. * Choice *

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