Law and society, sociology of law Books

Book SynopsisBased on new research conducted in courthouse basements and storage sheds in rural Mississippi and Louisiana, Kimberly Welch draws on over 1,000 examples of free and enslaved black litigants who used the courts to protect their interests and reconfigure their place in a tense society.

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Book SynopsisBased on new research conducted in courthouse basements and storage sheds in rural Mississippi and Louisiana, Kimberly Welch draws on over 1,000 examples of free and enslaved black litigants who used the courts to protect their interests and reconfigure their place in a tense society.Trade ReviewA remarkably well-researched and truly startling history." - Journal of American History

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Book SynopsisHow the Law prevented women in the 18th Century from realising their potential & Examines how lack of education, as well as male prejudice, hampered moves towards equality.

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Book SynopsisHow will law, regulation and ethics govern a future of fast-changing technologies? Bringing together cutting-edge authors from academia, legal practice and the technology industry, Future Law explores and leverages the power of human imagination in understanding, critiquing and improving the legal responses to technological change.

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Book SynopsisImagined States examines representations of the law in British and Nigerian high-brow, middle-brow and popular fiction and journalism. It reads works by Chinua Achebe, Joyce Cary, Cyprian Ekwensi and Edgar Wallace, together with a range of Nigerian market literature and journalism.

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Book SynopsisSensing Justice examines the aesthetic frames that mediate the sensory perception and signification of law and justice in the context of 21st century Spain.

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Book SynopsisBringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.

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Book SynopsisOver his long and illustrious career, Knud Haakonssen has explored the role of natural law in formulating doctrines of obligation and rights in accordance with the interests of early modern polities and churches. These 13 new essays acknowledge Haakonssen's immense academic achievement and give us new insights in this field.Table of ContentsIntroduction; Part I: Rights, Religion and Morality: 1. Calvinists, Arminians, Socinians: Popular sovereignty and natural rights in early modern political thought, James Moore; 2. Truth and Toleration in the Early Modern Period, Maria Rosa Antognazza; 3. The History of the History of Ethics and Emblematic Passages, Aaron Garrett; 4. Natural law and natural rights in early enlightenment Copenhagen , Mads Jensen; Part II: Natural Law and the Philosophers: 5. Natural Equality and Natural Law in Locke’s Two Treatises, Kari Saastamoinen; 6. Dignity and Equality in Pufendorf’s Natural Law Theory, Simone Zurbuchen; 7. Theory and Practice in the Natural Law of Christian Thomasius, Ian Hunter; 8. The 'iura connata' in the Natural Law of Christian Wolff, Frank Grunert; 9. Hume’s peculiar definition of justice, James A. Harris; Part III: Rights and Reform: 10. Economizing Natural Law: Pufendorf on Moral Quantities and Sumptuary Legislation, Michael Seidler; 11. The Legacy of Smith’s Jurisprudence in Late-Eighteenth-Century Edinburgh, John W. Cairns; 12. Declaring Rights: Bentham and the Rights of Man, David Lieberman; 13. Rights After the Revolutions, Richard Whatmore; Index.

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Book SynopsisAre the general and the particular separated in legal rhetorics? What is the function of singular events, facts, names in legal argumentation and what is their relationship to legal normativity? This collection of 11 essays takes a diachronic approach to address these questions from the perspective of contemporary legal discourse.

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Book SynopsisConor McCarthy shows how outlaw literature and espionage literature critique the use of legal exclusion as a means of supporting state power. Texts discussed range from the medieval Robin Hood ballads, Shakespeare's history plays and the Ned Kelly story to John le Carre, Don DeLillo, Ciaran Carson and William Gibson.

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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.

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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 Synopsis As early as the Silent Era, movie studios were sued over depictions of real people and events. Filmmakers have always altered the details of true stories and actual persons, living or dead, to make narratives more workable and characters more compelling. When truth and fantasy become inextricably mixed, the effect on people''s lives can be significant, even devastating. This expanded second edition presents an updated history of legal issues surrounding the on-screen embellishment of reality, with a focus on important court decisions and the use of disclaimers. Seventeen courtroom dramas are given fact-versus-fiction analyses, and the The Perfect Storm (1991) is covered in extensive detail. A concluding chapter is devoted to actors who became so identified with fictionalized characters that they sought exclusive rights to those personas.Table of ContentsAcknowledgmentsIntroduction I. Fictionalization in Movies and Television II. The Disclaimer and the Myth of Fictionalization III. Fictionalization Goes to Court IV. The Perfect Storm V. Courtroom Movies Based on FactTrial of Thomas More (1535)Film: A Man for All Seasons (1966)Amistad Trial (1840)Film: Amistad (1997)Trial of William "Duff" Armstrong (1858)Film: Young Mr. Lincoln (1939)Trial of Mary Surratt (1865)Film: The Conspirator (2010)Andersonville Trial (1865)Film: The Andersonville Trial (1970)Trials of Oscar Wilde (1895)Film: The Trials of Oscar Wilde (1960)­Leopold-Loeb Trial (1924)Film: Compulsion (1959)State of Connecticut v. Harold Israel (1924)Film: Boomerang (1947)Scopes "Monkey Trial" (1925)Film: Inherit the Wind (1960)Court-Martial of Billy Mitchell (1925)Film: The Court-Martial of Billy Mitchell (1955)Nuremberg Judges' Trials (1948)Film: Judgment at Nuremberg (1961)­Reynolds-Pegler Libel Case (1954)Film: A Case of Libel (1983)Loving v. Commonwealth of Virginia (1958–67)Film: Loving (2016)Trial of the Chicago 7 (1968–69)Film: The Trial of the Chicago 7 (2020)Big Dan's Tavern Rape Trial (1983)Film: The Accused (1988)Von Bülow Murder Trial (1985)Film: Reversal of Fortune (1990)Trial of the Memphis 3 (1993–2011)Film: The Devil's Knot (2013)VI. What Protection for Dramatic Fictional Personas?AfterwordChapter NotesBibliographyIndex

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Book SynopsisHow the rise of HIV in India resulted in government protections for gay groups, transgender people, and sex workers This original ethnographic research explores the relationship between the HIV/AIDS epidemic and the rights-based struggles of sexual minorities in contemporary India. Sex workers, gay men, and transgender people became visible in the Indian public sphere in the mid-1980s when the rise of HIV/AIDS became a frightening issue. The Indian state started to fold these groups into national HIV/AIDS policies as high-risk groups in an attempt to create an effective response to the epidemic. Lakkimsetti argues that over time the crisis of HIV/AIDS effectively transformed the relationship between sexual minorities and the state from one that was focused on juridical exclusion to one of inclusion. The new relationship then enabled affected groups to demand rights and citizenship from the Indian state that had been previously unimaginable. By illuminating such tactics as mobilizing agTrade ReviewA thrilling read that imparts substantial wisdom about the perils and windfalls social movements experience when they approach the postcolonial state for rights and recognition. Lakkimsetti’s engaging prose immerses readers in the gripping real-life dilemmas that Indian gender and sexual minority and sex worker rights activists have faced. Unlike other books that critique activists for falling into the predatory state’s ‘trap,’ this book refreshingly suspends this antagonistic narrative in favor of one that foregrounds the complex strategic decisions that activists make. -- Ashley Currier, author of Politicizing Sex in Contemporary Africa: Homophobia in MalawiA compelling, well-written, and insightful analytical narrative of the role of HIV/AIDS in shaping the landscape of sexual politics in India. By bringing together the often disparately understood constituencies of LGBTQ+ and sex workers, the book contributes to understanding the synergies as well as the differences between their political mobilizations. -- Sharmila Rudrappa, author of Discounted Life: The Price of Global Surrogacy in IndiaIn Legalizing Sex, a deeply researched, theoretically sophisticated, and well written book, Chaitanya Lakkimsetti makes a compelling and complex argument about how a global epidemic like HIV/AIDS shifted the power relationship between sexual minorities and the state in India from juridical to biopower, enabling them to function as subjects and citizens. * Mobilization *

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Book SynopsisAn analysis of how problematic laws ought to be framed and consideredFrom the murder of George Floyd to the systematic dismantling of voting rights, our laws and their implementation are actively shaping the course of our nation. But however abhorrent a legal decision might bewhether Dred Scott v. Sanford or Plessy v. Fergusonthe stories we tell of the law's failures refer to their injustice and rarely label them in the language of infamy. Yet in many instances, infamy is part of the story law tells about citizens' conduct. Such stories of individual infamy work on both the social and legal level to stigmatize and ostracize people, to mark them as unredeemably other. Law's Infamy seeks to alter that course by making legal actions and decisions the subject of an inquiry about infamy. Taken together, the essays demonstrate how legal institutions themselves engage in infamous actions and urge that scholars and activists label them as such, highlighting the damage done when law itself actsTrade ReviewA compelling examination by a diverse group of scholars on the historical, political, cultural and social meanings of ‘legal infamy.’ No one in the field of interdisciplinary law and culture studies has had more success than Austin Sarat at using the thematic essay anthology as a platform for robust, and rigorous, intellectual engagement. Law’s Infamy is poised to become a significant contribution to the field. -- Kendall Thomas, co-editor of Critical Race Theory: The Key Writings That Founded the MovementAn excellent, challenging, and thought-provoking book whose essays position many instances of complicity and ‘infamy’ into thoughtful, compelling, and unusual juxtaposition. The move to discuss the ‘anti-canon’ of ‘infamous’ cases is a brilliant approach to the problem of judicial complicity. -- Linda R. Meyer, Quinnipiac UniversityContributors to Sarat, Douglas, and Umphrey’s volume ask when and why the word ‘infamy’ should be used to characterize legal decisions or actions. They consider how legal institutions themselves engage in infamous actions, and they urge that scholars and activists identify infamous decisions that are worthy of repudiation and label them as such, highlighting the damage done when law itself acts infamously. * Law and Social Inquiry *

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Book SynopsisAn analysis of how problematic laws ought to be framed and consideredFrom the murder of George Floyd to the systematic dismantling of voting rights, our laws and their implementation are actively shaping the course of our nation. But however abhorrent a legal decision might bewhether Dred Scott v. Sanford or Plessy v. Fergusonthe stories we tell of the law's failures refer to their injustice and rarely label them in the language of infamy. Yet in many instances, infamy is part of the story law tells about citizens' conduct. Such stories of individual infamy work on both the social and legal level to stigmatize and ostracize people, to mark them as unredeemably other. Law's Infamy seeks to alter that course by making legal actions and decisions the subject of an inquiry about infamy. Taken together, the essays demonstrate how legal institutions themselves engage in infamous actions and urge that scholars and activists label them as such, highlighting the damage done when law itself actsTrade Review"A compelling examination by a diverse group of scholars on the historical, political, cultural and social meanings of ‘legal infamy.’ No one in the field of interdisciplinary law and culture studies has had more success than Austin Sarat at using the thematic essay anthology as a platform for robust, and rigorous, intellectual engagement. Law’s Infamy is poised to become a significant contribution to the field." -- Kendall Thomas, co-editor of Critical Race Theory: The Key Writings That Founded the Movement"An excellent, challenging, and thought-provoking book whose essays position many instances of complicity and ‘infamy’ into thoughtful, compelling, and unusual juxtaposition. The move to discuss the ‘anti-canon’ of ‘infamous’ cases is a brilliant approach to the problem of judicial complicity. " -- Linda R. Meyer, Quinnipiac University"Contributors to Sarat, Douglas, and Umphrey’s volume ask when and why the word ‘infamy’ should be used to characterize legal decisions or actions. They consider how legal institutions themselves engage in infamous actions, and they urge that scholars and activists identify infamous decisions that are worthy of repudiation and label them as such, highlighting the damage done when law itself acts infamously." * Law and Social Inquiry *

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Book SynopsisHow the rise of HIV in India resulted in government protections for gay groups, transgender people, and sex workers This original ethnographic research explores the relationship between the HIV/AIDS epidemic and the rights-based struggles of sexual minorities in contemporary India. Sex workers, gay men, and transgender people became visible in the Indian public sphere in the mid-1980s when the rise of HIV/AIDS became a frightening issue. The Indian state started to fold these groups into national HIV/AIDS policies as high-risk groups in an attempt to create an effective response to the epidemic. Lakkimsetti argues that over time the crisis of HIV/AIDS effectively transformed the relationship between sexual minorities and the state from one that was focused on juridical exclusion to one of inclusion. The new relationship then enabled affected groups to demand rights and citizenship from the Indian state that had been previously unimaginable. By illuminating such tactics Trade Review"A thrilling read that imparts substantial wisdom about the perils and windfalls social movements experience when they approach the postcolonial state for rights and recognition. Lakkimsetti’s engaging prose immerses readers in the gripping real-life dilemmas that Indian gender and sexual minority and sex worker rights activists have faced. Unlike other books that critique activists for falling into the predatory state’s ‘trap,’ this book refreshingly suspends this antagonistic narrative in favor of one that foregrounds the complex strategic decisions that activists make." -- Ashley Currier, author of Politicizing Sex in Contemporary Africa: Homophobia in Malawi"A compelling, well-written, and insightful analytical narrative of the role of HIV/AIDS in shaping the landscape of sexual politics in India. By bringing together the often disparately understood constituencies of LGBTQ+ and sex workers, the book contributes to understanding the synergies as well as the differences between their political mobilizations." -- Sharmila Rudrappa, author of Discounted Life: The Price of Global Surrogacy in India"In Legalizing Sex, a deeply researched, theoretically sophisticated, and well written book, Chaitanya Lakkimsetti makes a compelling and complex argument about how a global epidemic like HIV/AIDS shifted the power relationship between sexual minorities and the state in India from juridical to biopower, enabling them to function as subjects and citizens." * Mobilization *

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Book SynopsisAlso Serving Time informs readers about the realities of provincial and territorial prison work in Canada as interpreted by correctional officers.Table of ContentsPreface Introduction: Provincial and Territorial Prisons in Canada 1. Setting the Stage 2. Pathways: Who Are Correctional Officers and How Did They Get There? 3. “99 Per Cent Boredom, 1 Per Cent Sheer Terror” 4. The Female Correctional Officer 5. The Male Correctional Officer 6. Policing on the Inside: Foregrounding Occupational Risk 7. Correctional Officers as Occupational Edgeworkers? Conclusion Acknowledgments Appendix A: Methodology Appendix B: Snapshots of Provincial and Territorial Prison Facilities across Canada Appendix C: Average Counts of Adults in Correctional Services Notes References Index

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Book SynopsisResponding to Human Trafficking provides a new framework for critical analyses of anti-trafficking and other rights-based and anti-violence interventions.Trade Review‘Kay’s work is a significant addition to the academic literature on anti-trafficking efforts in Canada and should be included in academic library collections.’ -- Angela Gibson * Canadian Law Library Review vol 43:01:2018 *‘Julie Kaye’s excellent and much needed intervention into contemporary trafficking debates is a must read for scholars…Responding to Human Trafficking is a profound contribution to both public and policy debates on the topic.’ -- Emily van der Meulen * Criminal Law and Criminal Justice Books, January 2018 *Table of ContentsList of Figures List of Acronyms Preface and Acknowledgments Introduction Chapter 1: The Production of International and Domestic Anti-Trafficking in Settler-Colonial Canada Chapter 2: Settler-Colonialism and the Construction of Anti-trafficking Chapter 3: Anti-Trafficking in Canada: Negotiating "Domestic" versus "International" Chapter 4: Settler Colonialism, Sex Work, Criminalization, and Human Trafficking Chapter 5: Anti-Trafficking and Border Secularization Conclusion: Anti-Trafficking Policy and Human Insecurity Appendix A Appendix B References Notes

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Book SynopsisThe nature of employment is changing: low wage jobs are increasingly common, fewer workers belong to unions, and workplaces are being transformed through the growth of contracting-out, franchising, and extended supply chains. Closing the Enforcement Gap offers a comprehensive analysis of the enforcement of employment standards in Ontario. Adopting mixed methods, this work includes qualitative research involving in-depth interviews with workers, community advocates, and enforcement officials; extensive archival research excavating decades of ministerial records; and analysis of a previously untapped source of administrative data collected by Ontario’s Ministry of Labour. The authors reveal and trace the roots of a deepening enforcement gap that pervades nearly all aspects of the regime, demonstrating that the province’s Employment Standards Act (ESA) fails too many workers who rely on the floor of minimum conditions it was devised to provide. Arguably, theTrade Review"This book makes a substantial and impressive contribution to knowledge on the politics and outcomes of labor regulation." -- Sean O’Brady, McMaster University * ILR Review *Table of ContentsList of Graphs, Tables, and Figures Authorship Acknowledgements Abbreviations 1. Mapping the Enforcement Gap: Historical and Contemporary Dynamics Part One: Charting the Employment Standards Enforcement Gap in Ontario 2. Responsibilization, Reprisal and (Non)Remediation: Interrogating the role of an Individualized Complaints System 3. Administering Complaints: Dilemmas of Accountability 4. Recovering Employees' Wages? 5. The Contradictory Role of Workplace Inspections 6. The Deterrence Gap: Towards an Explanation 7. Strengthening Participatory Approaches to Enforcement Part Two: Views from Elsewhere: Contextualizing the Employment Standards Enforcement Gap in Ontario 8. Enforcement of Wage Recovery in Britain 9. Out of the Shadows and into the Spotlight: The Sweeping Evolution of Employment Standards Enforcement in Australia 10. Enforcing Employment Standards in Quebec: One Step Forward, Two Steps Backward? 11. Strategic Enforcement to Confront Wage Theft in the US: An Insider Account 12. Improving Protections for People in Precarious Jobs Notes Supplementary Information on Quantitative & Qualitative Methods: Ontario Component Appendix A: Quantitative Data A.1. Administrative Data A.2. National Surveys Appendix B: Qualitative Data B.1. Worker Interviews B.2. MOL Interviews B.3. Community Representative Interviews Appendix C: Archival Research Bibliography Secondary Sources Primary Sources Government Documents Statistics Archival Sources Index Glossary

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Book SynopsisApplying an innovative approach to capture varieties and dynamics of federal democracies, this collection examines the conditions, mechanisms and practices that make federal democracies work.Table of ContentsContributors 1. Introduction Arthur Benz and Jared Sonnicksen 2. Federalism as a Yardstick for Democracy Thomas O. Hueglin 3. Linking Federalism and Democracy. An Analytical Framework Arthur Benz 4. Out of Balance: Executive Dominance in Federal Settings John Erik Fossum and David Laycock 5. Federalism and Democracy in the United States Timothy Conlan 6. Federalism and Direct Democracy in Switzerland: Competing or Complementary? Sean Mueller 7. Germany: How Federalism has shaped Consensus Democracy Sabine Kropp 8. Between Co-evolution and Intercurrence: How Democracy has shaped Federalism in Canada Jörg Broschek 9. Party Federalism in Australia Andrew Banfield and Anthony Sayers 10. Belgium: the Democratic State of the Federation Petra Meier and Peter Bursens 11. Democracy and Federalism in Spain: Interactions, Tensions and Compatibilities César Colino 12. Democracy and Federalism in India. Mutually Reinforcing? Wilfried Swenden and Katharine Adeney 13. Comparing Patterns of Federal Democracy Arthur Benz and Jared Sonnicksen References

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Book SynopsisResponding to Human Trafficking provides a new framework for critical analyses of anti-trafficking and other rights-based and anti-violence interventions.Trade Review‘Kay’s work is a significant addition to the academic literature on anti-trafficking efforts in Canada and should be included in academic library collections.’ -- Angela Gibson * Canadian Law Library Review vol 43:01:2018 *‘Julie Kaye’s excellent and much needed intervention into contemporary trafficking debates is a must read for scholars…Responding to Human Trafficking is a profound contribution to both public and policy debates on the topic.’ -- Emily van der Meulen * Criminal Law and Criminal Justice Books, January 2018 *Table of ContentsList of Figures List of Acronyms Preface and Acknowledgments Introduction Chapter 1: The Production of International and Domestic Anti-Trafficking in Settler-Colonial Canada Chapter 2: Settler-Colonialism and the Construction of Anti-trafficking Chapter 3: Anti-Trafficking in Canada: Negotiating "Domestic" versus "International" Chapter 4: Settler Colonialism, Sex Work, Criminalization, and Human Trafficking Chapter 5: Anti-Trafficking and Border Secularization Conclusion: Anti-Trafficking Policy and Human Insecurity Appendix A Appendix B References Notes

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Book SynopsisPolicy Change, Courts, and the Canadian Constitution examines the impact of courts and various constitutional provisions on a wide range of policy issues, including health care, immigration and refugee policy, citizenship, the rights of Indigenous peoples, and criminal justice policy.Trade Review"Why, when, and how courts make policy is not only grist for law faculties and practitioners. Public policy effects change in Canada – and occasionally that change is truly uncharted…The questions posed in this book are fundamental." -- Michael Bryant * Literary Review of Canada, Vol 27, no. 2 *"The case studies in this text are fascinating and provide insight into how changes in public policy have (or have not) come into effect." -- Julie Hetherington-Field, Norton Rose Fulbright Canada * Canadian Law Library Review *Table of Contents Introduction: Judicial Policy Impact in Canada Emmett Macfarlane (University of Waterloo) PART I – Approaches and Theories of Policy Change Chapter 1: Lessons from Public Policy Theories: Ask About Policy Change First, Courts Second Minh Do (University of Toronto) Chapter 2: Closing a Door but Opening a Policy Window: Legislating Assisted Dying in Canada Dave Snow (University of Guelph) and Kate Puddister (University of Guelph) Chapter 3: The Supreme Court of Canada, Judicial Remedies, and Punctuated Equilibrium Marc Zanoni (University of Guelph) PART II – Institutional Contexts Chapter 4: The Charter, Policy, and Political Judgment Janet Hiebert (Queen’s University) Chapter 5: Collaborative Federalism and the Role of the Supreme Court of Canada Robert Schertzer (University of Toronto) Chapter 6: The Impact of Constitutional References on Institutional Reform Kate Glover (Western University) Chapter 7: The Desuetude of the Notwithstanding Clause – And How to Revive It Richard Albert (University of Texas at Austin) PART III – Policy Issues Chapter 8: The Charter Beat: The Impact of Rights Decisions on Canadian Policing Troy Riddell (University of Guelph) and Dennis Baker (University of Guelph) Chapter 9: Protecting Against Cruel and Unusual Punishment: Section 12 of the Charter and Mandatory Minimum Sentences Kate Puddister (University of Guelph) Chapter 10: Third Party Policy and Electoral Participation after Harper v. Canada: A Triumph of Egalitarianism? Erin Crandall (Acadia University) and Andrea Lawlor (Western University) Chapter 11: Section 23 of the Charter and Official-Language Minority Instruction in Canada: The Judiciary’s Impact and Limits in Education Policymaking Stéphanie Chouinard (Royal Military College of Canada) Chapter 12: The Charter of the French Language and the Supreme Court of Canada: Assessing Whether Constitutional Design Can Influence Policy Outcomes James B. Kelly (Concordia University) Chapter 13: When is a Citizen No Longer a Citizen? Analyzing Constructions of Citizenship in Canada’s Judicial and Legislative Forums Megan Gaucher (Carleton University) Chapter 14: Taking the Harper Government’s Refugee Policy to Court Chris Anderson (Wilfrid Laurier University) and Dagmar Soennecken (York University) Chapter 15: Carter Conflicts: The Supreme Court of Canada’s Impact on Medical Assistance in Dying Policy Eleni Nicolaides (University of Guelph) and Matthew Hennigar (Brock University) Chapter 16: Canadian Abortion Policy and the Limitations of Litigation Rachael Johnstone (Queen’s University) Chapter 17: Contrasting Visions of Indigenous Rights, Recognition, and Territory: Assessing Crown Policy in the Context of Reconciliation and Historic Obligations Michael McCrossan (University of New Brunswick) Chapter 18: After Marriage Equality: Courting Queer and Trans Rights Kyle Kirkup (University of Ottawa) Conclusion: Policy Influence and Its Limits: Assessing the Power of Courts and the Constitution Emmett Macfarlane (University of Waterloo)

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Book SynopsisThe nature of employment is changing: low wage jobs are increasingly common, fewer workers belong to unions, and workplaces are being transformed through the growth of contracting-out, franchising, and extended supply chains. Closing the Enforcement Gap offers a comprehensive analysis of the enforcement of employment standards in Ontario. Adopting mixed methods, this work includes qualitative research involving in-depth interviews with workers, community advocates, and enforcement officials; extensive archival research excavating decades of ministerial records; and analysis of a previously untapped source of administrative data collected by Ontario’s Ministry of Labour. The authors reveal and trace the roots of a deepening enforcement gap that pervades nearly all aspects of the regime, demonstrating that the province’s Employment Standards Act (ESA) fails too many workers who rely on the floor of minimum conditions it was devised to provide. Arguably, theTrade Review"This book makes a substantial and impressive contribution to knowledge on the politics and outcomes of labor regulation." -- Sean O’Brady, McMaster University * ILR Review *Table of ContentsList of Graphs, Tables, and Figures Authorship Acknowledgements Abbreviations 1. Mapping the Enforcement Gap: Historical and Contemporary Dynamics Part One: Charting the Employment Standards Enforcement Gap in Ontario 2. Responsibilization, Reprisal, and (Non)Remediation: Interrogating the Role of an Individualized Complaints System 3. Administering Complaints: Dilemmas of Accountability 4. Recovering Employees' Wages? 5. The Contradictory Role of Workplace Inspections 6. The Deterrence Gap: Towards an Explanation 7. Strengthening Participatory Approaches to Enforcement Part Two: Views from Elsewhere: Contextualizing the Employment Standards Enforcement Gap in Ontario 8. Enforcement of Wage Recovery in Britain 9. Out of the Shadows and into the Spotlight: The Sweeping Evolution of Employment Standards Enforcement in Australia 10. Enforcing Employment Standards in Quebec: One Step Forward, Two Steps Backward? 11. Strategic Enforcement to Confront Wage Theft in the US: An Insider Account 12. Improving Protections for People in Precarious Jobs Notes Supplementary Information on Quantitative and Qualitative Methods: Ontario Component Appendix A: Quantitative Data A.1. Administrative Data A.2. National Surveys Appendix B: Qualitative Data B.1. Worker Interviews B.2. MOL Interviews B.3. Community Representative Interviews Appendix C: Archival Research Bibliography Secondary Sources Primary Sources Government Documents Statistics Archival Sources Index Glossary

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Book SynopsisEveryday Law in Russia challenges the prevailing common wisdom that Russians cannot rely on their law and that Russian courts are hopelessly politicized and corrupt. While acknowledging the persistence of verdicts dictated by the Kremlin in politically charged cases, Kathryn Hendley explores how ordinary Russian citizens experience law. Relying on her own extensive observational research in Russia's new justice-of-the-peace courts as well as her analysis of a series of focus groups, she documents Russians' complicated attitudes regarding law. The same Russian citizen who might shy away from taking a dispute with a state agency or powerful individual to court might be willing to sue her insurance company if it refuses to compensate her for damages following an auto accident. Hendley finds that Russian judges pay close attention to the law in mundane disputes, which account for the vast majority of the cases brought to the Russian courts.Any reluctance on the part of ordTrade ReviewHendley's case studies are absolutely fascinating and take us right into the lives of ordinary Russians." * SCRSS Digest *In this truly excellent book, Kathyrn Hendley seeks to understand how the everyday legal system works in contemporary Russia. [...] In this valuable book, Hendley manages to construct a deeper analytical narrative that gives life to the presence of conflict resolution in Russia, without denying the reality of politicized justice and the various obstacles to judicial independence and efficiency. -- Emma Gilligan, Indiana University (Bloomington) * The Russian Review *This book challenges the prevailing common wisdom that Russians cannot rely on their law and that Russian courts are hopelessly politicized and corrupt. Drawing on extensive observational research in Russia's new justice of the peace courts as well as on focus groups and interviews, Hendley finds that any reluctance on the part of ordinary Russian citizens to use the courts is driven primarily by their fear of the time and cost—measured in both financial and emotional terms—of the judicial process. * Law & Social Inquiry *Using a wide range of western sociology of law and society literature, she helps us understand that Russian lawyers are working in a context that shares features common with our system. Her well-written book will be accessible and useful not just to specialists of Russia and Russian law, but to a larger community of research specialists. Its nuanced understanding of Russia today is a much-needed antidote to a lot of what we are exposed to in the contemporary popular press. * Slavic Review *Table of ContentsIntroduction: Lawlessness in Russia? Rethinking the Narratives of Law1. Legal Consciousness(es) in Russia2. Dealing with Damage from Home Water Leaks3. Dealing with Auto Accidents4. The View from the Benches of the Justice-of-the-Peace Courts5. The View from the Trenches of the Justice-of-the-Peace CourtsConclusion: Rethinking the Role of Law in Russia

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Book SynopsisThe Clamor of Lawyers explores a series of extended public pronouncements that British North American colonial lawyers crafted between 1761 and 1776. Most, though not all, were composed outside of the courtroom and detached from on-going litigation. While they have been studied as political theory, these writings and speeches are rarely viewed as the work of active lawyers, despite the fact that key protagonists in the story of American independence were members of the bar with extensive practices. The American Revolution was, in fact, a lawyers' revolution.Peter Charles Hoffer and Williamjames Hull Hoffer broaden our understanding of the role that lawyers played in framing and resolving the British imperial crisis. The revolutionary lawyers, including John Adams's idol James Otis, Jr., Pennsylvania's John Dickinson, and Virginians Thomas Jefferson and Patrick Henry, along with Adams and others, deployed the skills of their profession to further the public welfare in cTrade ReviewA slim but elegant volume.... There is surely a lesson for the legal community in this volume's reflection on the revolutionary role of legal argumentation in the country's founding. * Law360 *Looking at arguments of lawyers throughout the period, Hoffer and Hoffer contend that the American Revolution was a lawyer's revolution.... The book ends with a good set of notes and a detailed source listing, which will... make it useful for libraries. * Choice *The Clamor of Lawyers brings the Revolution to life through the chronicles of a series of public pronouncements made between 1761 and 1782.... Efficient and entertaining, the authors' telling of the American Revolution breathes life into the interaction between loyalist and revolutionary lawyers whose public discourse has served as the foundation of American governance. * Harvard Law Review *In The Clamor of Lawyers, Peter and Williamjames Hoffer – father and son legal historians – examine a series of public writings and speeches made by colonial lawyers in the years 1761 to 1782. * Comparative Legal History *This is an important and welcome contribution to our understanding of the revolutionary period and how arguments were shaped and reshaped by those trained in the law. * The Journal of American History *Table of ContentsPreface Introduction: A Lawyer's Revolution 1. "The Worst Instrument of Arbitrary Power" 2. "The Alienation of the Affection of the Colonies" 3. "My Dear Countrymen Rouse Yourselves" 4. "A Right Which Nature Has Given to All Men" 5. "That These Colonies Are...Free and Independent States" Conclusion: The Legacy of the Lawyers' American Revolution Notes A Note on Sources Index

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Book SynopsisWhat remains anti-democratic in our criminal justice systems, and where does it come from? Geoffroy de Lagasnerie spent years sitting in on trials, watching as individuals were judged and sentenced for armed robbery, assault, rape, and murder. His experience led to this original reflection on the penal state, power, and violence that identifies a paradox in the way justice is exercised in liberal democracies. In order to pronounce a judgment, a trial must construct an individualizing story of actors and their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself. The law is often presented as the reign of reason over passion. Instead, it leads to trauma, dispossession, and violence. Only by overturning our inherited legal fictions can we envision forms of truer justice. Combining narratives of real trials with theoretical analysis, Judge and Punish shows that juridical institutions are not merely a response to crime. The state claims to guarantee our security, yet from our birth, we also belong to it. The criminal trial, a magnifying mirror, reveals our true condition as political subjects.Trade Review"Using practical insights gained over years of observing court cases in Paris, Geoffroy de Lagasnerie elaborates a critical reflection on power, violence, and the penal state. In clear and accessible language, his book makes an original and thought-provoking contribution to our understanding of the judicial system in Western democracies." -- Philippe Marlière * University College London *"This detailed examination of state penal logic provides a trenchant counteroffensive in both language and practice. Along with a critical retooling of sociological inquiry, this groundbreaking work offers an exploration of justice as an institution. Judge and Punish asks the big, penetrating questions that will shape the future of justice systems throughout the Western world." -- Jason S. Sexton * Editor, Boom California *"Lagasnerie opens up possibilities for us to think differently: to escape from the force of current certainties and conventions and to re-envision the stakes of debates about justice, responsibility, crime, and punishment. The revolution he proposes is mental, with neither redistribution of wealth or regime change as prerequisites, but it remains radical. Destabilizing and anti-institutional, this is an important book; its sharp attacks on academic social science and 'expertise' will surely spark reaction, attack, and debate, and with good reason." -- Todd Shepard * Johns Hopkins University *"Departing from venerable theoretical frameworks for comprehending the penal state and its actions, Geoffroy de Lagasnerie observes the contemporary criminal trial as a very different kind of drama, one centered on the violent relationship between the state and those who cannot escape it. A bracing combination of social theory and empirical observation." -- Jonathan S. Simon * Berkeley Law *

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Book SynopsisFrom the Colonial to the Contemporary explores the representation of law, images and justice in the first three colonial high courts of India at Calcutta, Bombay and Madras. It is based upon ethnographic research work and data collected from interviews with judges, lawyers, court staff, press reporters and other persons associated with the courts. Observing the courts through the in vivo, in trial and practice, the book asks questions at different registers, including the impact of the architecture of the courts, the contestation around the renaming of the high courts, the debate over the use of English versus regional languages, forms of addressing the court, the dress worn by different court actors, rules on photography, video recording, live telecasting of court proceedings, use of CCTV cameras and the alternatives to courtroom sketching, and the ceremony and ritual that exists in daily court proceedings. The three colonial high courts studied in this book share a recurring historical tension between the Indian and British notions of justice. This tension is apparent in the semiotics of the legal spaces of these courts and is transmitted through oral history as narrated by those interviewed. The contemporary understandings of these court personnel are therefore seen to have deep historical roots. In this context, the architecture and judicial iconography of the high courts helps to constitute, preserve and reinforce the ambivalent relationship that the court shares with its own contested image.Trade ReviewThe author offers penetrating insights into the behaviour of the various actors involved, notably judges, lawyers and court administrators ... The relationship between law, memory and history is explored with academic rigour as is the role of judicial iconography in the maintenance of the dignity and majesty of the law ... the book deserves to be received with approbation. -- Venkat Iyer, Ulster University * The Commonwealth Lawyer *Table of Contents1. Framing the Research I. Introduction II. Law, Visuality and Culture III. The Three Courts: Law, History and Memory IV. Visual Justice: Images of Justice in Courts V. Method of Study VI. Field Experience VII. Chapter Plan VIII. Conclusion 2. The Visual Field of Law I. Introduction II. Iconography and Semiotics III. Relationship between Law and the Image IV. Images of Justice of the Court and in the Courtroom V. Judicial Iconography of Courts VI. Judicial Iconography and the Statue of Justice VII. Conclusion 3. The Calcutta High Court I. Introduction II. History of the Calcutta High Court III. Establishment of the Calcutta High Court Building IV. Architecture and Judicial Iconography of the Calcutta High Court V. Specific Customs Prevalent in the Calcutta High Court VI. Conclusion 4. The Bombay High Court I. Introduction II. History of the Bombay High Court III. Establishment of the Bombay High Court Building IV. Layout of the Bombay High Court V. Judicial Iconography of the Bombay High Court VI. Conclusion 5. The Madras High Court I. Introduction II. History of the Madras High Court III. Establishment of the Madras High Court Building IV. Architecture and Judicial Iconography of the Madras High Court V. Specific Customs Prevalent in the Madras High Court VI. Conclusion 6. Attributes of Justice I. Introduction II. The Name of the High Courts III. Language IV. Forms of Addressing the Court V. Dress VI. Photography, Video-recording, Live Telecasting and Courtroom Sketches VII. Ceremony and Ritual in Court Proceedings VIII. Conclusion 7. Conclusion I. Law and the Regulation of its Image II. Access to Justice III. Law as Heritage IV. Law, History and Memory V. Apocryphal Histories and Revised Narratives

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Book SynopsisThis book offers a unique insight into the key legal and social issues at play in New Zealand today. Tackling the most pressing issues, it tracks the evolution of these societal problems from 1840 to the present day. Issues explored include: illegal drugs; racism; the position of women; the position of Maori and free speech and censorship. Through these issues, the authors track New Zealand’s evolution to one of the most famously liberal and tolerant societies in the world.Trade ReviewPeople, Power and Law represents the definitive guide to a New Zealand history, mapping the way society and governments have dealt with the many challenges and issues our nation has encountered on a path to evolving into a liberal multicultural and progressive nation. I would recommend it to anyone that wants both a fascinating read and an accurate summary of our nation's journey. * Sir John Key, Prime Minister of New Zealand, 2008-2016 *This book will prove to be an invaluable resource for those interested in the progression of law and policy in New Zealand. * The Right Honourable Helen Clark, Prime Minister of New Zealand, 1999-2008 *A brilliantly detailed chronology and commentary on major events impacting on ‘the New Zealand we are today’. Insightful, informative, and challenging this book reminds us that every generation of Leader must lead in the context in which they find themselves. * Dame Jenny Shipley, Prime Minister of New Zealand, 1997-1999 *People, Power and Law adds to the story of who we are as a people and the journey we have travelled to our current physical and emotional position which is essential knowledge as we face a different world tomorrow. People, Power and Law will help all who read it to be better prepared for tomorrow. * The Right Honourable Jim Bolger, Prime Minister of New Zealand, 1990-97 *Policy, law and politics change over time. Often it is hard to get a perspective on how much, in what respects, and why. This work … provides an accessible kaleidoscope for New Zealand developments over a long period … This book will help people to navigate through some of the more nuanced messages from the New Zealand experience. * Sir Geoffrey Palmer, Prime Minister of New Zealand, 1989-1990 *Anyone who aspires to a political or policy-making role in New Zealand must understand the consistent and overlapping concerns that have led to the development of legislation, rules and public policy. Reaching back over more than 150 years (even pre-1840), this important book provides that context. * Sir Jim McLay, Deputy Prime Minister of New Zealand, 1984 *The authors, in their unique approach to the story line, have woven their knowledge through a lens of many shades - from a peoples’ perspective, in a language that all New Zealanders can appreciate … In Maoridom we say, “we look to the past to better understand the present, so that we are better prepared for the future.” To those that fail to acknowledge the past, they are destined to repeat the mistakes. * Sir Tumu Te Heuheu Tukino VIII, Paramount Chief of Ngati Tuwharetoa *Table of Contents1. Tikanga Maori and English Law 2. The Arrival of the Europeans 3. Forging a New Land 4. The New Zealand Wars Nga Pakanga o Aotearoa 5. God’s Own Country6 6. The First World War 7. After the First World War 8. From Depression to Radical Change 9. The Second World War 10. After the Second World War 11. The Golden Years 12. A Time of Protest 13. Turbulent Times 14. A Country of Change 15. Setting a Steady Course 16. The Beginning of the Twenty-First Century 17. The Calm before the Storm 18. Unprecedented Challenges

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Book SynopsisThis book analyses enrichment law and its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire. These regions correspond, though imperfectly, with three different legal traditions: the American, continental and Islamic traditions. The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions. The book identifies remarkable affinities between poetic tendencies, structures and default dispositions of wrongful enrichment law and cultural world views. It offers bold accounts of each region’s law and culture providing fertile grounds for external and comparative elucidations of the legal doctrine.Table of ContentsIntroduction 1. Law as a Mimetic Craft 2. European Law The Route to Exemplars Western Continental Law Historical Overview Current Law of Germany Current Law of Austria Current Law of Italy Current Law of Spain The Draft Common Frame of Reference Tracing Exemplars Assessment 3. European Culture An Introductory Note Is there a European Culture? Wealth as Labour, Morality and Social Properties Wealth as a Person’s Earthly Dominion, Property and Possession Wealth as Capital and Rights Observing European Law and Culture 4. American Law The Fathers of American Restitution Law American Law Historical Overview Current law Restatements of Restitution Tracing Exemplars Assessment 5. American Culture Candide’s New Paradise Is there an American Culture? Wealth as Work Ethic, Religious Values and Money Observing American Law and Culture 6. Ottoman Law The Genesis of the Mecelle The Ottoman Mecelle Tracing Exemplars Assessment 7. Ottoman Culture Politicised Poetics Was there an Ottoman Culture? Wealth as Socio-Political Status and Religious Trust Observing Ottoman Law and Culture: The Exceptional Case of Imitatio Conclusions

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Book SynopsisHow do ordinary people access justice? This book offers a novel socio-legal approach to access to justice, alternative dispute resolution, vulnerability and energy poverty. It poses an access to justice challenge and rethinks it through a lens that accommodates all affected people, especially those who are currently falling through the system. It raises broader questions about alternative dispute resolution, the need for reform to include more collective approaches, a stronger recognition of the needs of vulnerable people, and a stronger emphasis on delivering social justice. The authors use energy poverty as a site of vulnerability and examine the barriers to justice facing this excluded group. The book assembles the findings of an interdisciplinary research project studying access to justice and its barriers in the UK, Italy, France, Bulgaria and Spain (Catalonia). In-depth interviews with regulators, ombuds, energy companies, third-sector organisations and vulnerable people provide a rich dataset through which to understand the phenomenon. The book provides theoretical and empirical insights which shed new light on these issues and sets out new directions of inquiry for research, policy and practice. It will be of interest to researchers, students and policymakers working on access to justice, consumer vulnerability, energy poverty, and the complex intersection between these fields. The book includes contributions by Cosmo Graham (UK), Sarah Supino and Benedetta Voltaggio (Italy), Marine Cornelis (France), Anais Varo and Enric Bartlett (Catalonia) and Teodora Peneva (Bulgaria).Trade ReviewA compelling and original contribution to the socio-legal literature on access to justice … the first such study of access to justice relating to the European energy market … It should appeal to any scholar – experienced academic or student … [and] of great value to those working in or on energy poverty because it makes a powerful and well-informed case for reform and ensuring that systems of ADR feel accessible to those who need them. The current energy crisis highlights the need for such reform. -- Daniel Newman, Cardiff University * Journal of Law and Society *Table of ContentsIntroduction I. Introduction II. An Orientation to Key Concepts III. Contribution to Socio-Legal Scholarship IV. Outline of the Book’s Content and Argument V. A Note on Case Study Selection and Methodology VI. The Structure of this Book PART I ACCESS TO JUSTICE FOR VULNERABLE AND ENERGY-POOR CONSUMERS 1. The Access to Justice Challenge I. Introduction II. The Scale and Nature of the Access to Justice Challenge III. Understanding the Barriers to Access to Justice IV. Particular Barriers Facing Energy Consumers V. Consumer Vulnerability and Energy Poverty as Barriers to Accessing Justice VI. Barriers Experienced by Vulnerable and Energy-Poor Consumers: Highlights from Our Data VII. Conclusion 2. A Holistic Vision of Access to Justice I. Introduction II. Access to Justice Beyond Lawyers and Courts III. Beyond Procedural Access to Justice IV. Reforming Access to Justice V. Conclusion 3. European Union Law and Policy on Access to Justice I. Introduction II. Recognition of Vulnerability and Energy Poverty in EU Law and Policy III. The Development of ADR for Consumer Disputes in the Energy Sector IV. Access to Justice, Collective Redress and Consumer Protection Measures V. Ongoing Problems for Vulnerable and Energy-Poor Consumers in the European Energy Market VI. Conclusion 4. ADR and Access to Justice I. Introduction II. Initial Observations Based on the Access to Justice Literature III. The Critical Debate on Access to Justice and ADR IV. Specific Issues in the Consumer-Disputing Context V. Conclusions 5. ADR and Access to Justice: Empirical Insights I. Introduction II. Empirical Insights III. Discussion IV. Conclusion 6. Everyday Experiences and the Role of Local Actors I. Introduction II. Legal Alienation, Relational Distance and Access to Justice III. Vulnerable and Energy-Poor Consumers, the Energy Market and Formal Institutions: Stories of Alienation and Disconnection IV. Local Actors: More than Intermediaries V. Conclusion 7. Towards a More Holistic System of Access to Justice I. Introduction II. Recapping the Argument of the Book III. Dispute System Design and the Delivery of Holistic Access to Justice IV. From Added Value to Inclusive Design: Overview of Design Options V. Limitations and Directions for Future Research VI. Conclusion PART II ACCESS TO JUSTICE, ADR AND ENERGY POVERTY IN FIVE COUNTRIES 8. Introduction to Part II I. Outline of Chapters 9. Energy Injustice in Bulgaria Teodora Peneva I. Introduction II. Energy Poverty in Bulgaria III. Consumer Protection Mechanism IV. Key Areas of Energy Injustice V. The Energy Injustice Labyrinth in Bulgaria VI. Constraints for Energy Justice in Bulgaria VII. Conclusions 10. Energy Poverty and Access to Justice in Catalonia Anaïs Varo and Enric R Bartlett Castellà I. Introduction II. The Spanish Electrical System III. Vulnerable Consumers and Access to Energy Justice in Catalonia IV. Energy Poverty: What are the Gaps in the Current Measures? V. Moving Towards a Just Energy Model:Policy Implications VI. Conclusions 11. Access to Justice and Energy Poverty in France Marine Cornelis I. Introduction II. Energy Poverty III. A Complex ADR Landscape: Divided between the National Public Ombudsman, Company Mediators and Other Public Parties IV. What are the Barriers to Access Justice for Energy Consumers? V. What Role does ADR (Ombuds) Play in Accessing Justice for Energy-Poor and Vulnerable Consumers? VI. How can Vulnerable Consumers Access Justice? VII. What can be done to Improve the Situation? VIII. Conclusion 12. Access to Justice for Vulnerable and Energy-Poor Consumers in Italy: Policy Measures and the Role of ADR Sarah Supino and Benedetta Voltaggio I. Italian Policies to Tackle Energy Poverty II. Access to Justice for Vulnerable and Energy-Poor Consumers in Italy: The Role of ADR III. Data on ADR Procedures in the Energy Sector IV. Conclusions 13. Access to Justice in Energy: United Kingdom Cosmo Graham I. Introduction II. The Legal Framework of Energy Regulation in Great Britain III. The GB Energy Industry IV. The Fuel Poverty Strategy V. Complaints against Energy Companies VI. Conclusion

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Book SynopsisThis collection brings together leading international socio-legal and medico-legal scholars to explore the dilemma of how to support legal capacity in theory and practice. Traditionally, decisions for persons found to lack capacity are made by others, generally without reference to the person, and this applies especially to those with cognitive and psycho-social disabilities. This book examines the difficulties in establishing effective and deliverable supported decision-making, concluding that approaches to capacity need to be informed by a grounded understanding of how it operates in ‘real life’ contexts. The book focuses on the UN Convention on the Rights of Persons with Disabilities (CRPD), which recognises the equal right to legal capacity of people with disabilities and requires States Parties to provide support for the exercise of this right. However, 10 years after the CRPD came into force, the shift to legal frameworks for supported decision-making remains at best only partial. With 16 chapters written by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, the collection takes a comparative and interdisciplinary approach. Many of the contributors have been directly involved in law reform processes in their home jurisdictions, and thus can combine both academic expertise and practical, grounded awareness of the challenges of legal change.Trade ReviewNecessary reading for those taking stock of the first wave of scholarship and activism, and working how best to move forward to enhancing the right to the enjoyment of legal capacity on an equal basis. -- Alex Ruck Keene * International Journal of Mental Health and Capacity Law & Mental Capacity Law and Policy Blog *Table of Contents1. Situating the Right to Enjoy Legal Capacity Rosie Harding (University of Birmingham, UK), Mary Donnelly (University College Cork, Ireland and Ezgi Tascioglu (Keele University, UK) PART I CHARTING THE CONCEPTUAL CONTOURS OF CAPACITY LAW 2. Support Relationships in Law: Framing, Fictions and the Responsive State Mary Donnelly (University College Cork, Ireland) 3. The Problem of Influence: Autonomy, Legal Capacity and the Risk of Theoretical Incoherence Amanda Keeling (University of Leeds, UK) 4. The Significance of Strong Evaluation and Narrativity in Supporting Capacity Camillia Kong (Birkbeck, University of London, UK) 5. Functional Capacity Assessments by Healthcare Professionals: Problems and Mitigating Strategies Shaun O’Keeffe (National University of Ireland Galway, Ireland) 6. Charting a Path to Non-coercive Mental Healthcare: The Rhizomatic Nature of Universal Legal Capacity and the Support Paradigm Suzanne Doyle Guilloud (University of Bristol, UK) PART II REFORMING CAPACITY LAW: MAKING, SHAPING AND INTERPRETING LEGAL FRAMEWORKS 7. The (Contested) Role of the Academy in Activist Movements for Legal Capacity Reform: A Personal Reflection Eilionór Flynn (National University of Ireland Galway, Ireland) 8. Enabling Supported Decision-Making in India's Mental Healthcare Act, 2017: Learnings from a Low-Resource Country Setting Soumitra Pathare (ILS Law College, India) and Arjun Kapoor (ILS Law College, India) 9. Reflections on the Reform of Spanish Civil Legislation on Legal Capacity of Persons with Disabilities Patricia Cuenca Gómez (Universidad Carlos III de Madrid, Spain) 10. Adapting or Discarding the Status Quo? Supporting the Exercise of Legal Capacity in Scottish Law and Practice Jill Stavert (Edinburgh Napier University, UK) 11. Performing Disability Rights: State Reporting and Turkey's (Non)Engagement with the CRPD Ezgi Tascioglu (Keele University, UK) PART III SUPPORTING LEGAL CAPACITY IN EVERYDAY LIFE: BALANCING EMPOWERMENT AND SAFEGUARDS 12. Autonomy of a Person under Guardianship: Self-Determination in the Theory and Practice of Guardianship Law in Finland Anna Mäki-Petäjä-Leinonen (University of Eastern Finland, Finland) 13. Autonomy, Capacity and Vulnerability: Making Decisions on Social Services for Persons with Dementia in Sweden Titti Mattsson (Lund University, Sweden) 14. Law’s Legitimacy and Social Work Support in Safeguarding Adults at Risk of Abuse Jaime Lindsey (University of Essex, UK) 15. Putting the Pieces Together: Article 12, “Safeguarding” and the Right to Legal Capacity Margaret Isabel Hall (Simon Fraser University, Canada) 16. Supporting Everyday Legal Capacity: Navigating the Complexities of Putting Rights into Practice Rosie Harding (University of Birmingham, UK)

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Book SynopsisThis book addresses the different forms of austerity, contestation and resistance, in order to understand how they relate to one another and the impact they have on the democratic quality of public debates, the trust in public institutions and the legitimacy of law. Contestation of austerity includes not only traditional activism strategies such as human rights litigation and direct democracy instruments, but also new forms of collective action and collaborative resistance. Most importantly, many of the new anti-austerity initiatives also aim to renovate existing modes of democratic decision-making on the European, national, regional and local levels. The book focuses on different types of contesting austerity measures and the interaction between institutional and civil society actors. It will enhance understanding of how the various actors frame not only their goal but also the underlying social conflict to contest austerity and through which means they try to achieve political and legal changes. With 16 chapters written by contributors from Spain, Germany, Greece, Portugal and the UK, the book approaches 3 crucial areas of austerity policies: cuts in payment and pensions, labour law reform, and old and new poverty. In each field, the contributors analyse the processes of decision-making and contestation from 3 perspectives: institutions, democratic theory and societal responses.Trade ReviewThe book offers an essential contribution to both society at large and academia to reflect on and react to any hegemonic narrative that seeks to override social pluralism and reject the central meaning of conflict. If one assumes the intrinsic connection of law with social reality, the volume comprises an outstanding transformative potential. It is a highly recommended reading for anyone open to understanding that conflicts can hardly be reduced to the national framework alone, resolved exclusively by State power, and unleash their integrative potential in the absence of real transnational solidarity. -- Daniela Dobre * Heidelberg Journal of International Law *Table of Contents1. Contestation and Integration in Times of Crisis: The Law and the Challenge of Austerity Anuscheh Farahat (University of Erlangen-Nürnberg, Germany) and Xabier Arzoz (National University of Distance Education, Spain) Part I - Contestation, Politicisation and Democracy: A Sensitive Virtuous Circle? 2. The Crisis Relevance of Political Theory in Times of Austerity Martin Nonhoff (University of Bremen, Germany) 3. New Forms of Government Induced by Crisis Management Miguel Azpitarte (University of Granada, Spain) 4. Unravelling the Politicisation-Depoliticisation Nexus of Decontestory Politics during the Euro-Crisis Marius Hildebrand (University of Erlangen-Nürnberg, Germany) 5. Integration-through-Crisis: A New Mode of European Integration? Nicole Scicluna (University of Hong Kong) Part II - Austerity Measures under European and National Judicial Review 6. Challenging Austerity before European Courts Carlos Aymerich (University of Coruña, Spain) 7. (Re)Turning to Solidarity in EU Economic Governance: A Normative Proposal Ana Bobic (Hertie School of Governance, Germany) 8. The Political Role of the Greek Council of State under Circumstances of Economic Emergency Elisavet Lampropoulou (Humboldt Universität zu Berlin, Germany) 9. Taking Social Rights Seriously? The Spanish Case Juli Ponce Solé (University of Barcelona, Spain) 10. Constitutional Adjudication as a Forum for Contesting Austerity: The Case of Portugal Teresa Violante (University of Erlangen-Nürnberg, Germany) Part III - Contesting Labour Law Reforms 11. Contesting Austerity: The Role of Trade Unions in the UK KD Ewing (King's College London, UK) 12. The Role of Trade Unions in the Age of Austerity: Resistance and Power Resources in Portugal Hermes Augusto Costa (University of Coimbra, Portugal) 13. By-Products of Austerity: Regionalisation of Collective Bargaining in Spain Julia López (Pompeu Fabra University, Spain) and Sergio Canalda (Pompeu Fabra University, Spain) 14. International Labour Regulations as a Retaining Wall against Austerity: The Spanish Experience Consuelo Chacartegui Jávega (Pompeu Fabra University, Spain) and Xabier Arzoz (National University of Distance Education, Spain) Part IV - Asymmetries and Competing Rationales in the Contestation of Austerity 15. Socioeconomic Rights Enforcement and Resource Allocation in Times of Austerity: The Case of Greece 2015-2018 Akritas Kaidatzis (Aristotle University of Thessaloniki, Greece) 16. Labour Gender Gaps and EU VET Policy: Young Women with Low Educational Attainment Núria Pumar Beltrán (University of Barcelona, Spain) 17. Age and the Politics of Austerity: The Case of Spain Pau-Marí Klose (University of Zaragoza, Spain) and Francisco Javier Moreno-Fuentes (Spanish National Research Council)

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Book SynopsisIn this novel approach to law and literature, Robert Barsky delves into the canon of so-called Great Books, and discovers that many beloved characters therein encounter obstacles similar to those faced by contemporary refugees and undocumented persons. The struggles of Odysseus, Moses, Aeneas, Dante, Satan, Dracula and Alice in Wonderland, among many others, provide surprising insights into current discussions about those who have left untenable situations in their home countries in search of legal protection. Law students, lawyers, social scientists, literary scholars and general readers who are interested in learning about international refugee law and immigration regulations in home and host countries will find herein a plethora of details about border crossings, including those undertaken to flee pandemics, civil unrest, racism, intolerance, war, forced marriage, or limited opportunities in their home countries.Trade ReviewClamouring for Legal Protection is a must-read for any current or aspiring attorney. This insightful book demonstrates the crucial need to go beyond the law to be a good lawyer. By conducting an in-depth study of the Great Books, Barsky not only proves the existence of a timeless tradition of seeking refuge and providing asylum, but he also reminds us of the power of literature to evoke empathy and self-actualization. -- Ana Luquerna, The International Court of Justice * Yale Journal on Regulation *Barsky’s book … underscores literature’s power to expose, inform and sensitize and promote empathy, recognition and identification. -- Steven Mintz, University of Texas at Austin * Inside Higher Ed *Barsky brings to the project a rare combination of expertise in world literature and refugee law … Drawing on a truly impressive variety of texts spanning the classical to the contemporary and a collection of images and illustrations in the books he discusses, he provides remarkable insight into central questions about refuge, migration, strangers, and protection. -- Amy Shuman, The Ohio State University * Human Rights Quarterly *A book exploring forced migration in great novels and what it can tell us about contemporary legal processes for refugees is a much-needed addition to the literature. While the field of law and literature is now quite rich, books and articles that explore this relationship in the context of refugees and migrants are rather thin on the ground … Robert Barsky’s book promises to go some way to rectifying this gap. He has a distinguished record as a writer and teacher on the experience of refugeehood, and, as is evident in this book, he has a passion for literature. -- Simon Behrman * International Journal of Refugee Law *Until Barsky’s book there have been few resources to tie the important legal skills of narrative theory and storytelling to the context of immigration law. Clamouring for Legal Protection’s connection of immigration law to literature is unique, insightful, and a much-needed addition toward advancing the Kafkaesque, David-versus-Goliath struggle for immigrant justice. -- Cori Alonso-Yoder * Journal of Legal Education *There is plenty on offer here to delight and surprise readers … Some of the connections that Barsky draws between literary texts and characters are also highly thought-provoking in ways relevant for the migrant and refugee themes … the literary works are themselves typically described in enough detail (and indeed quoted at sufficient length) that even those with no prior knowledge can appreciate their relevance to the point being made. For all the reasons given above, Clamouring for Legal Protection is an enjoyable book and one worth spending time with. -- David Gurnham, University of Southampton * Law and Humanities *Clamouring for Legal Protection provides a humanistic lens through which to view the complex realms of refugee law and border studies. By showing how well-known characters from canonical works face obstacles that resemble those facing contemporary refugees, Barsky is able to create empathy for people who are often denigrated or shunned as ‘outsiders’, rather than welcomed as inspiring contributors to host societies. * Deborah Anker, Clinical Professor of Law and Founder of the Immigration and Refugee Clinical Program, Harvard Law School, USA *Barsky adeptly draws out how the experiences of literary characters we may have known since childhood can help us understand the challenges faced by migrants today … The preface and introductory chapters are well worth reading on their own for Barsky’s discussions of the role of literature, and issues/debates around ‘canons’ and ‘canonisation’ in literature … In reading Barsky’s book I have indeed found myself reflecting anew on stories and characters I thought I knew so well, and have found a new reason to re-engage with literature. -- Natasha Saunders, University of St Andrews * Border Criminologies *With stunning erudition, Barsky follows the trajectory of vulnerable migrants (asylum seekers, temporary migrant workers, undocumented migrants…) and combines the ‘Great Books’ of world literature with contemporary legal tenets to explore the complexity of their predicament, demonstrating that, throughout history, many individuals follow the ancient tradition of hospitality and protect migrants, but, swayed by populist identity politics, many societies blame migrants for their ills, foster hostile environments and show ‘mountainish inhumanity’. * François Crépeau, Professor of Public International Law, McGill University, Canada *Published on the 70th anniversary of the 1951 Convention relating to the Status of Refugees, Clamouring for Legal Protection reminds us that escape from untenable situations and the search for asylum are not only rooted throughout the course of human history but also embedded in the iconic characters and universal themes of the great literary works that reflect our common humanity. * Bill Frelick, Director, Refugee and Migrant Rights Division, Human Rights Watch, USA *Table of ContentsIntroduction: Opening Up the Great Books I. Canons, Great Books and Classics II. ‘Popular’ Culture III. From Cultural Reflection to Legal Protection IV. Why Fiction? What About the Real World? V. From Escapism to Engagement VI. From Empathy to Revelation 1. Spreading Disease, or Inoculating Us from Intolerance? I. Pandemics in Literature and Culture A. The Arc of Disease, Suffering and Death II. The Foreignness of Diseases III. The Rhetoric of Blame A. From Vulnerable to Unwanted and Diseased IV. The Plague V. From Symptoms to Panic VI. Creating Empathy VII. Limbo and the Will to Move Around VIII. From Quarantines to Quarrels to Empathy? IX. Art in the Time of Cholera X. Crossing the Border into Obscenity XI. Predicting Post-Pandemic Politics 2. Following Pathways, Networks and Guides I. The Cessation Clause II. Following Intermediaries in Religious Texts III. Human Smugglers IV. Language Issues and Displacement V. Pursuing the Land of Milk and Honey VI. Divine Intermediaries and Shift s to Immigration Policy VII. Guides from Behind the Veil VIII. Intermediaries to Eden IX. From Freedom Fighter to Refugee X. From Civil War to Hell XI. A Reluctant Follower XII. Fleeing with Loved Ones XIII. The Purposeless Quest XIV. Constantly on the Road XV. The Search for Treasure XVI. The Promised Land 3. Opening Doors and Scaling Walls I. From Protection to Integration II. From Victim to Slave III. Supplicating Before the Gatekeeping King IV. Consulting Constituents on Border Policy V. Opening the Right Doors VI. Doors, Doorways and the People Hidden Behind Them VII. Before the Law VIII. Ill-Advised Strategies for Opening Doors IX. Real-World Gatekeeping X. Rights at the Border XI. Behind Closed Doors XII. Doors Towards Metaphysical Voyages 4. Confronting Inhospitable Spaces and Hostile Hosts I. Storms, Floods and the Purging of Unwanted Civilisations II. The Romantic Refugee III. Mary and Percy Shelley: Feminist and Atheist IV. Refugees in a Time of Climate Change A. Mary Shelley, Victor Frankenstein and His Monster: Climate Refugees B. Percy Shelley’s Perspective on Climate and Geomorphology C. Lord Byron: Catastrophism, Climate Change and Ensuing Darkness V. From Creation of the Earth to Apocalypse VI. Being Misled into the Wrong Paradise VII. Finding Revelation Instead of Refuge VIII. From Persecution to Punishment IX. Chance Encounters X. Finding Hell XI. Transformation into Darkness 5. Encounters with Aliens, Monsters and Terrorists I. Monsters in the Great Tradition II. Insidious Monsters in the (Real) World III. First Encounters IV. The Monstrous Unfamiliar V. A Refugee Amongst Refugees VI. Confronting Your Neighbour: The Monster VII. Identifying the Monsters, then Living with Them Conclusion: From Persecution to Wonderland

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Book SynopsisThis innovative book looks at the topic of migration through the prism of law and literature. The author uses a rich mix of novels, short stories, literary realism, human rights and comparative literature to explore the experiences of African migrants and asylum seekers. The book is divided into two. Part one is conceptual and focuses on art activism and the myriad ways in which people have sought to ‘write justice.’ Using Mazrui's diasporas of slavery and colonialism, it then considers histories of migration across the centuries before honing in on the recent anti-migration policies of western states. Achiume is used to show how these histories of imposition and exploitation create a bond which bestows on Africans a “status as co-sovereigns of the First World through citizenship.” The many fictional examples of the schemes used to gain entry are set against the formal legal processes. Attention is paid to life post-arrival which for asylum seekers may include periods in detention. The impact of the increased hostility of receiving states is examined in light of their human rights obligations. Consideration is paid to how Africans navigate their post-migration lives which includes reconciling themselves to status fracture-taking on jobs for which they are over-qualified, while simultaneously dealing with the resentment borne of status threat on the part of the citizenry. Part two moves from the general to consider the intersections of gender and status focusing on women, LGBTI individuals and children. Focusing on their human rights and the fictional literature, chapter four looks at women who have been trafficked as well as domestic workers and hotel maids while chapter five is on LGBTI people whose legal and literary stories are only now being told. The final substantive chapter considers the experiences of children who may arrive as unaccompanied minors. Using a mixture of poetry and first person accounts, the chapter examines the post-arrival lives of children, some of whom may be citizens but who are continually made to feel like outsiders. The conclusion follows, starting with two stories about walls by Hadero and Lanchester which are used to illustrate the themes discussed in the book. Few African lawyers write about literature and few books and articles in Western law and literature look at books by or about Africans, so a book that engages with both is long overdue. This book provides fascinating reading for academics, students of law, literature, gender and migration studies, and indeed the general public.Trade Review[The book] serves not only as an important supplement to the legal materials used by those working in the area, but also as an accessible source for enhancing general awareness of and sensitivity to the realities. The richness and poignancy of the narratives throughout this book show how necessary this is. -- John Eekelaar, Emeritus Fellow of Pembroke College, Oxford * Border Criminologies *[The book] offers value to a broad range of possible readers, including activists, lawyers, scholars of literature, law and/or migration, and general readers interested in the intersection of literature, human rights, and migration. Fareda Banda offers a journey with an enduring impact for its readers. -- Giovanna Gilleri and Aurelia Guo * European Journal of Migration and Law *Table of ContentsIntroduction I. My Law and Literature Journey II. On Migration III. On Terminology IV. On Coverage V. Structure VI. Conclusion PART I PLOTTING OUR JOURNEY 1. Artivism, Literature, Law and Justice I. Justice in Law and Literature II. On Transplants and Universality III. Literature as Protest in Post-Colonial Settings IV. Music, Art and Photography V. On Writing Justice VI. Critical Race Feminists VII. Literature and Historic Injustice VIII. Conclusion 2. Migration Histories I. On ‘Home’ and Identity Formation II. The African Diasporas – Historical Background III. Contemporary Migration Patterns and Responses IV. Resistance and the Imperial Legacy V. Conclusion 3. Of Visas and Visions of a Better Life I. By any Means Necessary II. Fictional Strategies for Gaining Entry III. Processes IV. The Moral Economy of Smuggling V. You can Buy Your Way in Legitimately – Wealth and Visa Waivers VI. On Slippery Categorisations: ‘Illegal’ Migrant v (‘Bogus’) Asylum Seeker? VII. Refugee Law and Literature VIII. Credibility IX. Access to Justice X. Detention XI. Hostile Environments XII. Irregularity and Employment XIII. Irregularity and the Exposure to Exploitation by Non-State Actors XIV. Public Perception and Prejudice XV. On Dignity XVI. ‘Home’ and the Inhospitable Human Rights Environment XVII. Status Fracture v. Status Threat XVIII. On Kindness: Refugee and Migrant Organisations and Volunteers XIX. Conclusion PART II INTERSECTIONS 4. Women’s Lives I. Historical Reasons for Restrictions on Women’s Freedom of Movement II. Women and Refugee Law III. Trafficking in Law and Literature IV. Whither Sisterhood? Race and Class in Cleaning Work V. Norm Development and the Challenges of Implementation VI. Legislative and Judicial Responses to Modern Slavery VII. Fictional Maids VIII. Undiplomatic Exploitation and Abuse IX. Called to Account: Maids Confront Diplomats in Court X. Other Forms of Labour XI. Hotel Maids Wanted: Abuse Included XII. The Ache: Missing those Left Behind XIII. Conclusion 5. Sexual Orientation and Gender Identities I. History, Context and Continuities II. On Erasure and the Demand for Visibility III. On Intersectionality IV. Plural Identities or ‘Naming’ 0 V. On Fear and Curiosity VI. Fictional Literature VII. On Covering VIII. Religion IX. Changing People, Changing Laws X. Migration and Sexuality XI. Reasons to be Hopeful XII. Conclusion 6. Children in Literature I. The Role of Literature II. Children in Migration III. Citizen or Migrant? IV. Laws and ‘Cultural Practices’ V. Conclusion Conclusion I. Law and Migration II. Looking Ahead

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