Law and society, sociology of law Books

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 SynopsisDoes a justice system have a welfare function? If so, where does the boundary lie between justice and welfare, and where can the necessary resources and expertise be found? In a time of austerity, medical emergency, and limited public funding, this book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution. Might a family justice system even help to prevent or minimise conflict as well as resolving dispute when it arises? The book is divided into 4 parts, with contributions from 22 legal scholars working across Europe, Australia, Argentina and Canada. - Part 1 looks at what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework. - Part 2 looks at those engaged with a family justice system as professionals and users, and explores how far private ordering is encouraged in different countries. - Part 3 looks at new ways of working within a family justice system and raises the question of whether the move towards privatisation derives from the intrinsic value of individual autonomy and acceptance of responsibility in family disputes, or whether it is also a response to the increasing burden on the state of providing a welfare-minded family justice system. - Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany.Table of ContentsIntroduction Mavis Maclean (University of Oxford, UK) PART A BOUNDARIES 1. Recent Family Law Reforms and High-Conflict Post-Separation Parenting Disputes in Canada Rachel Treloar (Keele University, UK) 2. Co-operation: The Glue that Unites the Danish Family Justice System Annette Kronborg (University of Southern Denmark) and Christine Jeppesen de Boer (Utrecht University, the Netherlands) 3. Family Justice Systems, Social Behaviour and Financial Arrangements after Divorce in the Netherlands Bregje Djksterhuis (University of Utrecht, the Netherlands) and Alexander Flos (VU University Amsterdam, the Netherlands) 4. Implementing Gender Equality as an Aim of the Swiss Family Justice System Michelle Cottier, (University of Geneva, Switzerland), Binda Sahdeva (University of Geneva, Switzerland), and Gaelle Aeby (University of Geneva, Switzerland) PART B PARTICIPANTS 5. Reforms and Reorganisation of Family Justice in France: What Are the Current Responses to the Needs of Divorcees? Benoit Bastard (University of Paris-Saclay, France) 6. Family Matters in the Polish Court: Law and Public Opinion Malgorzata Fuszara (University of Warsaw, Poland) and Jacek Kurczewski (University of Warsaw, Poland) 7. The Current Situation for Mediation and Other Forms of ADR in Spain with Special Reference to the Consequences of the Covid-19 Health Crisis Teresa Picontó (University of Zaragoza, Spain) and Elena Lauroba (University of Barcelona, Spain) PART C INNOVATIVE PRACTICE 8. Experimenting with a Non-Adversarial Procedure for Child-related Parental Disputes in the Netherlands Masha Antokolskaia (VU University of Amsterdam, the Netherlands), Marit Buddenbaum (VU University of Amsterdam, the Netherlands), and Lieke Coenraad (VU University of Amsterdam, the Netherlands) 9. Legal Needs across the Family Justice System: Who Needs What, Where and When? The Contribution of CLOCK, a Community Outreach System in England and Wales Jane Krishnadas (Keele University, UK) PART D MAJOR POLICY CHANGE 10. Developing Holistic and Inclusive Family Justice in Argentina Julieta Marotta (Maastricht University, the Netherlands) 11. Raising Questions on the Family Justice System in Turkey: An Ambivalent Fragmentation Verda Irtis (Galatasaray University, Turkey) 12. How Does a Legal System Deal with Malfunctions by Its Judicial Officers? Belinda Fehlberg (University of Melbourne, Australia) and Richard Ingleby (Victorian Bar, Australia) 13. Family Court Proceedings in Parent and Child Matters in Germany: A Binding Setting for Alternative Dispute Resolution Thomas Meysen (International Centre for Socio Legal Studies, Heidelberg, Germany) 14. What is a Family Justice System for? Concluding Observations and Next Steps Mavis Maclean (University of Oxford, UK)

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Book SynopsisDrawing on two empirical studies and influential theoretical frameworks, this book provides a critical overview of the key regulatory challenges concerning cyberbullying and sexting behaviours among young people (persons under 18 years). The author explores issues such as conceptualising the behaviours, examining the prevailing presence of sexism, myths and stereotypes surrounding gender roles and identity, and the limitations of criminal law as an effective regulatory tool. In doing so, identifying peer-based sexting behaviours as part of a continuum of sexual behaviour is promoted alongside the need to consider interventions beyond the legal landscape and in line with the United Nations Convention on the Rights of the Child. In the main, priority is given to non-legal responses and the need for more effective and comprehensive gender-sensitive education programmes. The book therefore provides a more developed conceptual understanding of sexting and cyberbullying behaviours among young people.Table of Contents1. Introduction 2. Young People who Display Harmful Behaviours: Theoretical and Empirical Perspectives 3. Young People who Display Harmful Sexual Behaviour: A Review 4. Narratives on 'Cyberbullying' Among Young People 5. Narratives on Sexting Among Young People 6. Peer-Based Sexting, Law and Issues of Consent 7. Sexting Among Young People: A Continuum of Sexual Behaviour 8. Cyberbullying and Sexting: Law and Policy 9. Conclusion

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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 SynopsisThe fourth edition of this respected textbook examines the regulation and conduct of lawyers in England and Wales and addresses new developments in the field, including those in international practice, sexual misconduct, and the environment. Focusing on the practice of, and interrelationship between, solicitors and barristers, the book provides background to current arrangements while exploring contemporary rules of conduct, systems of regulation, and controversies. The four main parts cover client duties, wider obligations, key contexts, and regulation. Parts one to three provide an academic introduction to the subject of lawyers’ ethics. They are suitable as a core text for a semester course at undergraduate level, providing grounding for vocational training, such as the Solicitors’ Qualifying Examination. Comparisons are made with conduct rules applying in other leading common law jurisdictions where relevant. These parts also explore links between the subject of ethics and the development of lawyers’ practical skills. Part four applies the general principles to three elements of regulation: practice, admission, and discipline. The approach throughout is socio-legal. While the essential law is described, relevant social science research informs consideration of issues and debates.Table of Contents1. Introduction Part One: Clients 2. Loyalty 3. Conflicts of Interest 4. Confidence Part Two: Wider Responsibilities 5. Social Responsibility 6. Individual Third parties 7. Collective Third parties Part Three: Contexts 8. Litigation 9. Business 10. International Part Four: Regulation 11. Practice 12. Admission 13. Discipline 14. Epilogue

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Book SynopsisThis book provides the first systematic assessment from a human rights law perspective of the landmark contributions of the renowned legal anthropologist, Sally Engle Merry. What impact does over-simplification have on human rights debates? The understandable tendency to present them as a single, universal, and immutable concept ignores their complexity and by extension only serves to weaken them. Merry and her colleagues transformed human rights thinking by highlighting the process of ‘vernacularization’, which sees rights discourse as being unavoidably dependent upon translation and interpretation. She also warned of the pitfalls of excessive reliance upon statistical and other indicators, through the process of quantification. Here the leading voices in the field assess the significance of these contributions.Table of Contents1. Introduction Philip Alston PART I: VERNACULARIZATION AND HUMAN RIGHTS 2. “A Very Murky Process:” Embracing the Indeterminacy of International Justice and Human Rights Richard Ashby Wilson 3. Vernacularization as Anthropological Ethics Mark Goodale 4. Vernacularizing Rights: Indispensable but Dangerous Jack Snyder 5. Globalizing the Indigenous: The Making of International Human Rights from Below César Rodríguez-Garavito 6. Rites of Culture: Legal Frameworks, Indigenous Protocols, and the Circulation of Culture in Australia Fred Myers 7. The Vernacularization of Transitional Justice: Is Transitional Justice Useful in Pre-conflict Settings? Pablo de Greiff 8. Human Rights Don’t Travel by Boat: Responding to Koskenniemi’s Critique of Rights Philip Alston PART II: QUANTIFICATION AND HUMAN RIGHTS 9. Beyond the Vanishing Point: Quantification as Rhetoric in Today’s Antislavery Samuel Martínez 10. The Competitive Pressures of Rankings: Experimental Evidence of Rankings on Domestic Priorities Rush Doshi, Judith Kelley and Beth A. Simmons 11. Visualizing the ‘Women, Peace and Security Agenda’ Hilary Charlesworth 12. The Seductions of Quantification Rebuffed? The Curious Failure by the CESCR to Engage Water and Sanitation Data Margaret Satterthwaite 13. Strategizing the world: Deciding who will be left behind in the Sustainable Development Goal on health Sara L.M. Davis 14. Recommendations in Words and Numbers: Thinking with Sally Engle Merry at the Universal Periodic Review Jane K. Cowan 15. Between Conduct and Counter-Conduct: Human Rights Translation at the Universal Periodic Review Julie Billaud

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Book SynopsisThis book provides the first systematic assessment from a human rights law perspective of the landmark contributions of the renowned legal anthropologist, Sally Engle Merry. What impact does over-simplification have on human rights debates? The understandable tendency to present them as a single, universal, and immutable concept ignores their complexity and by extension only serves to weaken them. Merry and her colleagues transformed human rights thinking by highlighting the process of ‘vernacularization’, which sees rights discourse as being unavoidably dependent upon translation and interpretation. She also warned of the pitfalls of excessive reliance upon statistical and other indicators, through the process of quantification. Here the leading voices in the field assess the significance of these contributions.Table of Contents1. Introduction Philip Alston PART I: VERNACULARIZATION AND HUMAN RIGHTS 2. “A Very Murky Process:” Embracing the Indeterminacy of International Justice and Human Rights Richard Ashby Wilson 3. Vernacularization as Anthropological Ethics Mark Goodale 4. Vernacularizing Rights: Indispensable but Dangerous Jack Snyder 5. Globalizing the Indigenous: The Making of International Human Rights from Below César Rodríguez-Garavito 6. Rites of Culture: Legal Frameworks, Indigenous Protocols, and the Circulation of Culture in Australia Fred Myers 7. The Vernacularization of Transitional Justice: Is Transitional Justice Useful in Pre-conflict Settings? Pablo de Greiff 8. Human Rights Don’t Travel by Boat: Responding to Koskenniemi’s Critique of Rights Philip Alston PART II: QUANTIFICATION AND HUMAN RIGHTS 9. Beyond the Vanishing Point: Quantification as Rhetoric in Today’s Antislavery Samuel Martínez 10. The Competitive Pressures of Rankings: Experimental Evidence of Rankings on Domestic Priorities Rush Doshi, Judith Kelley and Beth A. Simmons 11. Visualizing the ‘Women, Peace and Security Agenda’ Hilary Charlesworth 12. The Seductions of Quantification Rebuffed? The Curious Failure by the CESCR to Engage Water and Sanitation Data Margaret Satterthwaite 13. Strategizing the world: Deciding who will be left behind in the Sustainable Development Goal on health Sara L.M. Davis 14. Recommendations in Words and Numbers: Thinking with Sally Engle Merry at the Universal Periodic Review Jane K. Cowan 15. Between Conduct and Counter-Conduct: Human Rights Translation at the Universal Periodic Review Julie Billaud

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Book SynopsisThe rule of law, an ideology of equality and universality that justified Britain's eighteenth-century imperial claims, was the product not of abstract principles but imperial contact. As the Empire expanded, encompassing greater religious, ethnic and racial diversity, the law paradoxically contained and maintained these very differences. This book revisits six notorious incidents that occasioned vigorous debate in London's courtrooms, streets and presses: the Jewish Naturalization Act and the Elizabeth Canning case (1753–54); the Somerset Case (1771–72); the Gordon Riots (1780); the mutinies of 1797; and Union with Ireland (1800). Each of these cases adjudicated the presence of outsiders in London – from Jews and Gypsies to Africans and Catholics. The demands of these internal others to equality before the law drew them into the legal system, challenging longstanding notions of English identity and exposing contradictions in the rule of law.Trade Review'Britain and its internal others creates and stirs a much needed debate on the history of equality before the law by those who were perceived as other due to colonialism. Bringing together six distinct legal events with similar themes is no easy feat, and Rabin does so with ease coupled with detailed scrutiny and explanations.'Rechtsgeschichte – Legal History -- .Table of ContentsIntroduction: Empire and law, 'Firmly united by the circle of the British diadem'1 Internal others: Jews, Gypsies, and Jacobites2 'In a country of liberty?':Sslavery, villeinage and the making of whiteness in the Somerset case (1772)3 Imperial disruptions: City, nation, and empire in the Gordon Riots4 'This fleet is not yet republican': Conceptions of law in the mutinies of 17975 Wedding and Bedding: making the Union with Ireland, 1800ConclusionSelect bibliographyIndex

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Book SynopsisMen on trial explores how the Irish perform ‘the self’ within the early nineteenth-century courtroom and its implications for law, society and nation. Drawing on new methodologies from the history of emotion, as well as theories of performativity and performative space, it emphasises that manliness was not simply a cultural ideal, but something practised, felt and embodied. Men on trial explores how gender could be a creative dynamic in productions of power. Targeted at scholars in Irish history, law and gender studies, this book argues that justice was not simply determined through weighing evidence, but through weighing men, their bodies, behaviours, and emotions. Moreover, in a context where the processes of justice were publicised in the press for the nation and the world, manliness and its role in the creation of justice became implicated in the making of national identity.Table of ContentsOpening speeches: an introduction1. Law and lawyers: ‘the prerogative of the wig’2. The stage: ‘the court presented a very imposing spectacle’3. Bodies in court: ‘Hogarth would have admired him forever’4. Speech, sympathy and eloquence: ‘it is a voice full of manly melody’5. The cross-examination: ‘he’s putting me in such a doldrum’6. Storytelling: ‘quoting the poet’7. On character: ‘you see McDonnell the value of a good character’Closing arguments: a conclusion Select BibliographyIndex

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Book SynopsisMen on trial explores how the Irish perform ‘the self’ within the early nineteenth-century courtroom and its implications for law, society and nation. Drawing on new methodologies from the history of emotion, as well as theories of performativity and performative space, it emphasises that manliness was not simply a cultural ideal, but something practised, felt and embodied. Men on trial explores how gender could be a creative dynamic in productions of power. Targeted at scholars in Irish history, law and gender studies, this book argues that justice was not simply determined through weighing evidence, but through weighing men, their bodies, behaviours, and emotions. Moreover, in a context where the processes of justice were publicised in the press for the nation and the world, manliness and its role in the creation of justice became implicated in the making of national identity.Table of ContentsOpening speeches: an introduction1. Law and lawyers: ‘the prerogative of the wig’2. The stage: ‘the court presented a very imposing spectacle’3. Bodies in court: ‘Hogarth would have admired him forever’4. Speech, sympathy and eloquence: ‘it is a voice full of manly melody’5. The cross-examination: ‘he’s putting me in such a doldrum’6. Storytelling: ‘quoting the poet’7. On character: ‘you see McDonnell the value of a good character’Closing arguments: a conclusion Select BibliographyIndex

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Book SynopsisThe rule of law, an ideology of equality and universality that justified Britain's eighteenth-century imperial claims, was the product not of abstract principles but imperial contact. As the Empire expanded, encompassing greater religious, ethnic and racial diversity, the law paradoxically contained and maintained these very differences. This book revisits six notorious incidents that occasioned vigorous debate in London's courtrooms, streets and presses: the Jewish Naturalization Act and the Elizabeth Canning case (1753–54); the Somerset Case (1771–72); the Gordon Riots (1780); the mutinies of 1797; and Union with Ireland (1800). Each of these cases adjudicated the presence of outsiders in London – from Jews and Gypsies to Africans and Catholics. The demands of these internal others to equality before the law drew them into the legal system, challenging longstanding notions of English identity and exposing contradictions in the rule of law.Trade Review'Britain and its internal others creates and stirs a much needed debate on the history of equality before the law by those who were perceived as other due to colonialism. Bringing together six distinct legal events with similar themes is no easy feat, and Rabin does so with ease coupled with detailed scrutiny and explanations.'Rechtsgeschichte – Legal History -- .Table of ContentsIntroduction: Empire and law, 'Firmly united by the circle of the British diadem'1 Internal others: Jews, Gypsies, and Jacobites2 'In a country of liberty?':Sslavery, villeinage and the making of whiteness in the Somerset case (1772)3 Imperial disruptions: City, nation, and empire in the Gordon Riots4 'This fleet is not yet republican': Conceptions of law in the mutinies of 17975 Wedding and Bedding: making the Union with Ireland, 1800ConclusionSelect bibliographyIndex

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Book SynopsisThe book examines the intellectual history of the concept of sovereignty from a sociological perspective. Informed by the sociologists Max Weber and Niklas Luhmann, it addresses the concept as the centre of constitutional controversy and as a resource to deal with paradoxes of power in constitutional democracies. It discusses the dilemmas of sovereignty that appear in the wake of the emphasis on political representation, human rights and European integration. The book marks a significant contribution to the scholarly debate on the foundation of constitutional democracy.Table of ContentsPrefaceIntroduction: a concept in action1 A sociology of constitutions2 Political uses of ‘sovereignty’: sociological methodologies3 Paradox: early modern formulations of sovereignty4 Differentiation: national sovereignty and the sovereign state5 The political, politics and sociology 6 Constitutional symbolism 7 Human rights versus state sovereignty 8 Federal sovereignty? Index

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Book SynopsisWithout doubt it was one of the toughest jobs. Faced with ruthless criminal, trigger-happy gunslingers and assorted desperados, the lawmen of the Old West tried, and sometimes died, in their efforts to bring some semblance of order to their towns and communities. There were Marshals, City Marshals and Constables who were employed by the local townspeople and whose authority was restricted to within the town or city limits. Then there were the County Sheriffs, who were elected by the citizens of the county, to keep the peace within the county, or the Texas Rangers and Arizona Rangers, who operated under the jurisdiction of their respective state governors and later US Marshals.The United States Marshals were appointed by the President of the United States and had the authority to operate anywhere in the USA and deal with federal crime. Each of these law enforcement officers employed their own deputies, all of whom had the same powers of enforcement. Some believed that former criminals would make the most effective lawmen. Consequently, in some cases notorious gunfighters were employed as town marshals to help bring law and order to some of the most lawless of towns. These lawmen had to deal with the likes of the Dalton Gang, the James Brothers and the Rufus Buck Gang who thought nothing of raping and murdering innocent people just for the hell of it. These outlaws would frequently hide in the Indian Territory where there was no law to extradite them. The only law outside of the Indian Territory was that of Judge Isaac Parker, who administered the rules with an iron fist; the gallows at Fort Smith laid testament to his work. The requirements needed to be a peace officer in the Wild West were often determined only by the individual's skill with a gun, and their courage. At times judgement was needed with only seconds to determine it, and that also meant that there was the odd occasion where justice and law never quite meant the same thing. The expression 'justice without law' was never truer than in the formative years of the West.

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Book SynopsisFrom the Number One bestselling author, a memoir full of hilarious, personal and surprising stories from their working life in the law.* The Sunday Times Bestseller ** A BBC Radio 4 Book of the Week*‘The SB is a gifted writer. Words tumble out with extraordinary fluency . . . entertaining and instructive’ – The Times__________Just how do you become a barrister? Why do only 1 per cent of those who study law succeed in joining this mysteriously opaque profession? And why might a practising barrister come to feel the need to reveal the lies, secrets, failures and crises at the heart of this world of wigs and gowns?Nothing But The Truth is The Secret Barrister's bestselling memoir. It charts an outsider’s progress down the winding path towards practising at the Bar, taking in the sometimes absurd traditions of the Inns of Court, where every meal mandates a glass of port and a toast to the monarch, to the Hunger Games-style contest for pupillage, through the endlessly frustrating experience of being a junior barrister – as a creaking, ailing justice system begins to convince them that something has to change . . .Full of hilarious, shocking and surprising stories, Nothing But The Truth tracks the Secret Barrister’s transformation from hang ‘em and flog ‘em, austerity-supporting twenty-something to campaigning, bestselling, reforming author whose writing in defence of the law is celebrated around the globe. With a keen eye for the absurd and an obsessive fondness for Twitter, SB reveals the uncomfortable truths and darkest secrets about life in our criminal courts.__________‘With compassion, wit and intelligence, The Secret Barrister shows why is it that any of us plunge into the harrowing depths of criminal law’ – TLS‘Masterful, compassionate and hilarious’ – Adam Rutherford‘The Zorro of the criminal bar’ – The TimesTrade ReviewEntertaining and instructive . . . A gifted writer . . . The Secret Barrister's picaresque journey to barristerhood is served up with large helpings of humour * The Times *Wonderful and insightful . . . With compassion, wit and intelligence, the Secret Barrister shows why is it that any of us plunge into the harrowing depths of criminal law * TLS *Excellent . . . at once a vicious polemic, a helpful primer and a cringe-inducing account of one barrister’s travails * Telegraph *As entertaining as ever in this third foray into the courtroom * Radio Times *Eye-opening. The candour is, at times, breathtaking . . . it is both human and urgent . . . A no-holds-barred book that tells an unvarnished story of a broken system an the people who hold it together * Law Society's Gazette *As compelling and illuminating - and as full of gob-smacking stories - as its predecessors, it is also fascinatingly personal. Anyone thinking of a career in the law should certainly read it * Bookseller *

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Book SynopsisJust how do you become a barrister? And why do only 1 per cent of those who study law succeed in joining this mysteriously opaque profession? If it’s such a great occupation, how come you work 100-hour weeks for less than minimum wage? And why might a practising barrister come to feel the need to reveal the lies, secrets, failures and crises at the heart of this world of wigs and gowns?Nothing But The Truth charts an outsider’s progress down the winding path towards practising at the Bar, taking in the sometimes absurd traditions of the Inns of Court, where every meal mandates a glass of port and a toast to the Queen, to the Hunger Games-type contest for pupillage, through the endlessly frustrating experience of being a junior barrister – as a creaking, ailing justice system begins to convince them that something has to change . . .Full of hilarious, shocking, and surprising stories from their working life, Nothing But The Truth tracks the Secret Barrister’s transformation from hang ‘em and flog ‘em, austerity-supporting twenty-something to campaigning, bestselling, reforming author whose writing in defence of the law is celebrated around the globe. It asks questions about what we understand by justice, and what it takes to change our minds. It also reveals the darker side of working in criminal law, and how the things our justice system gets wrong are not the things most people expect.Praise for the Secret Barrister . . .‘Dishes the dirt — or serves up a slice of reality — on what barristers do’ - The Times‘An illuminating and timely insight into the legal system . . . fascinating’ - Sunday Express‘Excellent . . . at once a vicious polemic, a helpful primer and a cringe-inducing account of one barrister’s travails’ - Daily Telegraph

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Book SynopsisAmitai Etzioni, one of the most respected thinkers in the US, argues for a new liberal communitarian approach as an effective response to populism. This recognizes that different members of the society have differing values, interests, and needs that cannot be fully reconciled to legislation in a populist age. The book considers the core challenges in contexts including national security versus privacy, private sector responsibility, freedom of the press, campaign finance reform, regulatory law and the legal status of terrorists. It offers a timely discussion of the relationship of the law to the citizen in a fast-changing environment.Trade ReviewAmitai Etzioni continues to be a voice of reason, compromise, and moderation in a world of divisive politics and tribalism. This book makes a valuable contribution to law-and-society scholarship.” A. Javier Treviño, Wheaton College, US“This compelling new book is perhaps one of the most important contributions to the analysis of recent trends in the political landscape of the Western democracies for some time. For lawyers, academics and politicians, as well as for social scientists and those in public administration, this is an important contribution to a crucial modern debate.” Journal of Contemporary European Studies“The deeply insightful law and technology commentary Etzioni offers in this important book is made possible only through a well-elaborated methodology and thick conception of the public good.” Ryan Calo, University of Washington School of Law"Like an experienced alpinist, Amitai Etzioni walks the mountain ridge between an introvert adherence to community traditions and a liberalism void of community values. In these explorations, he approaches the foundations of law making policies that are fit for networked societies." Ernst M.H. Hirsch Ballin, Tilburg University“Etzioni demonstrates his unprecedented multidisciplinary knowledge by weaving numerous case studies into a rich and vibrant portrait of the role of contemporary law. This wonderful book could not have been written by anyone else.” Yuval Feldman, Bar-Ilan University, Israel"Ambitiously takes on a wide range of issues, from immigration and Brexit to private data collection and government surveillance, and explains why a liberal communitarian approach can help resolve seemingly unrepairable rifts. Etzioni’s call for respectful dialogue and his sensible compromise positions on hot button topics should trigger long-overdue policy changes. " Christopher Slobogin, Vanderbilt University"The urgent relevance of Etzioni’s clarion call for a new moral dialogue, that embraces both individual liberties and strong communities, could not be more evident in this age where democracy and law face unprecedented challenges on a global scale." Paolo G. Carozza, University of Notre DameTable of ContentsPart 1: Power and legitimacy; A response to populism; The privatization of force; Captured; Forging new legitimacy; Part 2: Rights and the common good; The common good; Rights and responsibilities; Privacy vs. Security; How liberty is lost; Part 3: Supranational overreach; Undermining genocide prevention; Nationalism as a block to community building; Part 4: Response to new technology; Should A.I. be regulated? (co-authored with Oren Etzioni); A privacy doctrine for the cyber age.

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Book SynopsisThe law-based, political institutions in many democratic societies are being challenged by fast-growing populist movements, parties, and leaders. In other nations, the state is failing. These seismic changes call for greater attention to be paid to the role society plays in forming and challenging laws—and how the law copes with these challenges. Amitai Etzioni, one of the most respected thinkers in the US, argues for a new liberal communitarian approach as an effective response to populism. This recognizes that different members of the society have differing values, interests, and needs that cannot be fully reconciled to legislation in a populist age. The book considers the core challenge in a variety of contexts, including national security versus privacy, private sector responsibility, freedom of the press, campaign finance reform, regulatory law and the legal status of terrorists. Thus the book offers a timely discussion of key issues for contemporary society and the relationship of the law to the citizen in a fast-changing environment.Trade ReviewAmitai Etzioni continues to be a voice of reason, compromise, and moderation in a world of divisive politics and tribalism. This book makes a valuable contribution to law-and-society scholarship.” A. Javier Treviño, Wheaton College, US“This compelling new book is perhaps one of the most important contributions to the analysis of recent trends in the political landscape of the Western democracies for some time. For lawyers, academics and politicians, as well as for social scientists and those in public administration, this is an important contribution to a crucial modern debate.” Journal of Contemporary European Studies“The deeply insightful law and technology commentary Etzioni offers in this important book is made possible only through a well-elaborated methodology and thick conception of the public good.” Ryan Calo, University of Washington School of Law"Like an experienced alpinist, Amitai Etzioni walks the mountain ridge between an introvert adherence to community traditions and a liberalism void of community values. In these explorations, he approaches the foundations of law making policies that are fit for networked societies." Ernst M.H. Hirsch Ballin, Tilburg University“Etzioni demonstrates his unprecedented multidisciplinary knowledge by weaving numerous case studies into a rich and vibrant portrait of the role of contemporary law. This wonderful book could not have been written by anyone else.” Yuval Feldman, Bar-Ilan University, Israel"Ambitiously takes on a wide range of issues, from immigration and Brexit to private data collection and government surveillance, and explains why a liberal communitarian approach can help resolve seemingly unrepairable rifts. Etzioni’s call for respectful dialogue and his sensible compromise positions on hot button topics should trigger long-overdue policy changes. " Christopher Slobogin, Vanderbilt University"The urgent relevance of Etzioni’s clarion call for a new moral dialogue, that embraces both individual liberties and strong communities, could not be more evident in this age where democracy and law face unprecedented challenges on a global scale." Paolo G. Carozza, University of Notre DameTable of ContentsPart 1: Power and legitimacy; A response to populism; The privatization of force; Captured; Forging new legitimacy; Part 2: Rights and the common good; The common good; Rights and responsibilities; Privacy vs. Security; How liberty is lost; Part 3: Supranational overreach; Undermining genocide prevention; Nationalism as a block to community building; Part 4: Response to new technology; Should A.I. be regulated? (co-authored with Oren Etzioni); A privacy doctrine for the cyber age.

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Book SynopsisDo judges use the power of the state for the good of the nation? Or do they create new laws in line with their personal views? When newspapers reported a court ruling on Brexit, senior judges were shocked to see themselves condemned as enemies of the people. But that did not stop them ruling that an order made by the Queen on the advice of her prime minister was just 'a blank piece of paper'. Joshua Rozenberg, Britain's best-known commentator on the law, asks how the judges can maintain public confidence while making hard choices.Trade Review"A brilliant, readable and timely survey of a topic of central importance in our troubled times. Joshua Rozenberg has produced a gripping account, including very recent material." Dinah Rose, QC, Blackstone Chambers "A very readable and engaging book which I'd certainly recommend to students as part of their introduction to common law. It uses high-profile cases to demonstrate how cautiously the judges proceed." Professor Dame Hazel Genn DBE QC (hon), University College London "Never before have our judges been under greater scrutiny. But what they do and how they do it remains mysterious to many. There is an urgency to the themes tackled in this book. It is a must-read for anyone interested in the future of this vital branch of government." Catherine Dobson, St Edmund's College, Cambridge "This is a book for lawyers, journalists, students and the concerned citizen. There is no more trusted and knowledgeable commentator than Joshua Rozenberg to hold up a mirror to the judges and to the public wherein each sees the other." Baroness Ruth Deech, DBE QC (hon) "This urgent and timely book is essential reading for anyone concerned with the future of our democracy and the proper role of the legal system within it. Through deft analysis of recent case law, Rozenberg comprehensively de-bunks the pernicious myth of an activist judiciary whose actions improperly impinge on the exercise of executive power." Dr Natalie Byrom, The Legal Education Foundation "Joshua Rozenberg's views are clear throughout this engaging study of the role of the judiciary in contemporary Britain. At times he seems positively prescient. We need this sort of contribution to our current and frenzied debates." Sara Nathan OBE, former Judicial Appointments Commissioner "An informed and entertaining account of the role of our judges in deciding sensitive cases by our pre-eminent legal commentator." Lord Pannick QC, Blackstone Chambers "A highly readable, hard-hitting and perceptive defence of our judges against the accusation that they are too activist. It should be read by anyone interested in this important constitutional question." Rt Hon Lord Dyson, former judgeTable of Contents1 New Readers Start Here; 2 The Miller Tale; 3 Creating Crimes; 4 Families and the Law; 5 The Right to Death; 6 Discerning and Discriminating; 7 Rites and Rights; 8 Privacy and the Press; 9 Access to Justice; 10 Friends, Actually

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Book SynopsisCourt decisions are typically seen as one-off interventions relating to an incident in a person’s life, but a legal decision can impact on the person as they were and the person they will become. This book is the first to explore the interactions of the law with the life course in order to understand the complex life journey as a whole. Jonathan Herring reveals how the law privileges ‘middle age’ to the detriment of the whole life story and explains why an understanding of the life course is important for lawyers. Relevant to those working in family law, elder law, medical law and ethics, jurisprudence, gender and the law, it will promote new thinking by exploring the engagement of the law with the life course of the self.Trade Review“[This] book provides an insightful introduction of the life course perspective within the legal discipline and provides a solid basis upon which further development of this approach within the legal discipline can take place… A thought provoking book, worthwhile reading.” International Journal of Law, Policy and The FamilyTable of ContentsIntroduction Life Course Theory The Fetus Childhood Adulthood Old Age Death Family Law Mental Capacity Conclusion

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Book SynopsisCourt decisions are typically seen as one-off interventions relating to an incident in a person’s life, but a legal decision can impact on the person as they were and the person they will become. This book is the first to explore the interactions of the law with the life course in order to understand the complex life journey as a whole. Jonathan Herring reveals how the law privileges ‘middle age’ to the detriment of the whole life story and explains why an understanding of the life course is important for lawyers. Relevant to those working in family law, elder law, medical law and ethics, jurisprudence, gender and the law, it will promote new thinking by exploring the engagement of the law with the life course of the self.Table of ContentsIntroduction Life Course Theory The Fetus Childhood Adulthood Old Age Death Family Law Mental Capacity Conclusion

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Book SynopsisePDF and ePUB available Open Access under CC-BY-NC licence. During the 20th century the locus of care shifted from large institutions into the community. However, this shift was not always accompanied by liberation from restrictive practices. In 2014 a UK Supreme Court ruling on the meaning of ‘deprivation of liberty’ resulted in large numbers of older and disabled people in care homes, supported living and family homes being re-categorized as ‘detained’. Placing this ruling in its social, historical and global context, this book presents a socio-legal analysis of social care detention in the post-carceral era. Drawing from disability rights law and the meanings of ‘home’ and ‘institution’ it proposes solutions to the Cheshire West ruling’s paradoxical implications.Table of Contents1. Introduction 2. Distinguishing Social Care Detention 3. The Law of Institutions 4. The Post-carceral Landscape of Care 5. Social Care Detention in Human Rights Law 6. Institution/ Home 7. Regulatory Tremors 8. The Acid Test 9. Aftermath 10. ‘Protecting the Vulnerable’ 11. Out of the Shadows of the Institution?

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Book SynopsisWhen a death is investigated by a coroner, what is the place of the family in that process? This accessibly written book draws together empirical, theoretical and historical perspectives to develop a rich, nuanced analysis of the contemporary inquest system in England and Wales. It investigates theories of kinship drawn from socio-legal research and analyses law, accountability and the legal process. Excerpts of conversations with coroners and officers offer real insights into how the role of family can be understood and who family is perceived to be, and how their participation fundamentally shapes the investigation into a death.Table of Contents1. Death, Family and the Law 2. Accountability and Authority in the Historical Jurisdiction 3. Accountability Reconceived 4. First Contact and the Next of Kin 5. Dignity, the Family and the Body 6. Family in the Driving Seat 7. The Public (?) Hearing 8. Reimagining the Inquest

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Book SynopsisWhen a death is investigated by a coroner, what is the place of the family in that process? This accessibly written book draws together empirical, theoretical and historical perspectives to develop a rich, nuanced analysis of the contemporary inquest system in England and Wales. It investigates theories of kinship drawn from socio-legal research and analyses law, accountability and the legal process. Excerpts of conversations with coroners and officers offer real insights into how the role of family can be understood and who family is perceived to be, and how their participation fundamentally shapes the investigation into a death.Table of Contents1. Death, Family and the Law 2. Accountability and Authority in the Historical Jurisdiction 3. Accountability Reconceived 4. First Contact and the Next of Kin 5. Dignity, the Family and the Body 6. Family in the Driving Seat 7. The Public (?) Hearing 8. Reimagining the Inquest

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Book SynopsisThe effects of COVID-19 are visited disproportionately on the already disadvantaged. This important text maps out ways in which those already disadvantaged have been affected by legal responses to COVID-19. Contributors tackle issues including virtual trials, adult social care, racism, tax and spending, education and more. They reflect on the implications of COVID-19 and express concerns with policy and practice developments and with the neutral version of the law and the economy which has taken root. Drawing on diverse resources, this text offers an account of the damage caused by legal responses to the pandemic and demonstrates how the future response can be positive and productive.Table of ContentsIntroduction ~ Dave Cowan and Ann Mumford Part 1 ~ Justice Ruling the Pandemic ~ Dave Cowan Remote Justice and Vulnerable Litigants: The Case of Asylum ~ Nick Gill Virtual Poverty? What Happens When Criminal Trials Go Online? ~ Linda Mulcahy Genera-Relational Justice in the COVID-19 Recovery Period: Children in the Criminal Justice System ~ Kathryn Hollingsworth Racism As Legal Pandemic: Thoughts on Critical Legal Pedagogies ~ Foluke Adebisi and Suhraiya Jivraj Rights and Solidarity During COVID-19 ~ Simon Halliday, Jed Meers and Joe Tomlinson COVID-19 PPE Extremely Urgent Procurement in England: A Cautionary Tale for an Overheating Public Governance ~ Albert Sanchez-Graells Part 2 ~ the Social Accountability for Health and the NHS in Post-Brexit COVID-19 UK: The ‘Left Behind’ and the Rule of Law ~ Tamara Hervey, Ivanka Antova, Mark Flear and Matthew Wood COVID-19 in Adult Social Care: Futures, Funding and Fairness ~ Rosie Harding Housing, Homelessness and COVID-19 ~ Rowan Alcock, Helen Carr and Ed Kirton-Darling Education, Austerity and the COVID-19 Generation ~ Alison Struthers What Have We Learned About the Corporate Sector in COVID-19? ~ Sally Wheeler Social Security Under and After COVID-19 ~ Jed Meers Maintaining the Divide: Labour Law and COVID-19 ~ Katie Bales From Loss to (Capital) Gains: Reflections on Tax and Spending in the Pandemic Aftermath ~ Ann Mumford and Kathleen Lahey

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Book SynopsisThe effects of COVID-19 are visited disproportionately on the already disadvantaged. This important text maps out ways in which those already disadvantaged have been affected by legal responses to COVID-19. Contributors tackle issues including virtual trials, adult social care, racism, tax and spending, education and more. They reflect on the implications of COVID-19 and express concerns with policy and practice developments and with the neutral version of the law and the economy which has taken root. Drawing on diverse resources, this text offers an account of the damage caused by legal responses to the pandemic and demonstrates how the future response can be positive and productive.Table of ContentsIntroduction ~ Dave Cowan and Ann Mumford Part 1 ~ Justice Ruling the Pandemic ~ Dave Cowan Remote Justice and Vulnerable Litigants: The Case of Asylum ~ Nick Gill Virtual Poverty? What Happens When Criminal Trials Go Online? ~ Linda Mulcahy Genera-Relational Justice in the COVID-19 Recovery Period: Children in the Criminal Justice System ~ Kathryn Hollingsworth Racism As Legal Pandemic: Thoughts on Critical Legal Pedagogies ~ Foluke Adebisi and Suhraiya Jivraj Rights and Solidarity During COVID-19 ~ Simon Halliday, Jed Meers and Joe Tomlinson COVID-19 PPE Extremely Urgent Procurement in England: A Cautionary Tale for an Overheating Public Governance ~ Albert Sanchez-Graells Part 2 ~ the Social Accountability for Health and the NHS in Post-Brexit COVID-19 UK: The ‘Left Behind’ and the Rule of Law ~ Tamara Hervey, Ivanka Antova, Mark Flear and Matthew Wood COVID-19 in Adult Social Care: Futures, Funding and Fairness ~ Rosie Harding Housing, Homelessness and COVID-19 ~ Rowan Alcock, Helen Carr and Ed Kirton-Darling Education, Austerity and the COVID-19 Generation ~ Alison Struthers What Have We Learned About the Corporate Sector in COVID-19? ~ Sally Wheeler Social Security Under and After COVID-19 ~ Jed Meers Maintaining the Divide: Labour Law and COVID-19 ~ Katie Bales From Loss to (Capital) Gains: Reflections on Tax and Spending in the Pandemic Aftermath ~ Ann Mumford and Kathleen Lahey

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Book SynopsisThe law is heavily implicated in creating, maintaining, and reproducing racialised hierarchies which bring about and preserve acute global disparities and injustices. This essential book provides an examination of the meanings of decolonisation and explores how this examination can inform teaching, researching, and practising of law. It explores the ways in which the foundations of law are entangled in colonial thought and in its [re]production of ideas of commodification of bodies and space-time. Thus, it is an exploration of the ways in which we can use theories and praxes of decolonisation to produce legal knowledge for flourishing futures.Table of ContentsIntroduction: Setting the Scene of the Law School and the Discipline 1. Theories of Decolonisation or to Break All the Tables and Create the World Necessary for Us All to Survive 2. What Have You Done, Where Have You Been, Euro-Modern Legal Academe? Uncovering the Bones of Law’s Colonial Ontology 3. Defining the Law’s Subject I: (Un)Making the Wretched of the Earth 4. Defining the Law’s Subject II: Law and Creating the Sacrifice Zones of Colonialism 5. Defining the Law’s Subject III: Law, Time, and Colonialism’s Slow Violence 6. The Law School: Colonial Ground Zero – A Colonial Convergence in the Human and Space–Time Conclusion: Another University Is Necessary to Take Us towards Pluriversal Worlds

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Book SynopsisAs the COVID-19 pandemic has unfolded, stark social inequalities have increasingly been revealed and, in many cases, exacerbated by the global health crisis. This book explores these inequalities, identifying three thematic strands: power and governance, gender and marginalized communities. By examining these three themes in relation to the effects of the pandemic, the book uncovers how unequal the pandemic truly is. It brings together invaluable insights from a range of international scholars across multiple disciplines to critically analyse how these inequalities have played out in the context of COVID-19 as a first step towards achieving social justice.Table of ContentsPart 1: Introduction Introduction: Beyond the Virus – Perspectives on Power, Gender and Marginalization - Sabrina Germain and Adrienne Yong Part 2: Power and Governance 1. Beyond Liberty: A Republican Perspective on COVID-19 Restrictions and the Politics of Freedom - Gwilym David Blunt 2. Beyond Authority and Governance in Israel during the COVID-19 Pandemic: A Crumbling of Solidarity and the Rise of Social Inequalities - Roy Gilbar and Nili Karako-Eyal 3. Mitigating Social Inequities in Quebec: Governance Law to the Rescue? - Marie-Ève Couture-Ménard, Louise Bernier, Mylaine Breton and Jean-Frédéric Ménard Part 3: Gender 4. (In)Equality, Expertise and the COVID-19 Crisis: An Intersectional Analysis - Valentina Cardo and Julia Boelle 5. Beyond COVID-19 Lockdown Compliance: A Gender Analysis - Naomi Finch, Simon Halliday, Jed Meers, Joe Tomlinson and Mark Wilberforce Part 4: Marginalized Communities 6. Beyond Privacy: South Korea’s Digital Technology-led Policy on COVID-19 and Its Impact on Human Rights Buhm-Suk Baek 7. Business as Usual: Inequality and Health Litigation during the COVID-19 Pandemic in Brazil - Natalia Pires de Vasconcelos 8. Beyond the Rhetoric of Essentiality: Canada’s Neoliberal Migrant Worker Policy during the COVID-19 Pandemic - Y.Y. Brandon Chen Part 5: Conclusion Conclusion: Beyond the Virus, Towards Social Justice - Sabrina Germain and Adrienne Yong

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Book SynopsisStark social inequalities have been revealed and exacerbated by the COVID-19 pandemic. This book explores these inequalities through three thematic strands: power and governance, gender, and marginalized communities. Through its examination, the book uncovers how unequal the pandemic truly is.

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Book SynopsisThis book exposes how inequalities based on class and social background arise from employment practices in the digital age. It considers instances where social media is used in recruitment to infiltrate private lives and hide job advertisements based on locality; where algorithms assess socio-economic data to filter candidates; where human interviewers are replaced by artificial intelligence with design that disadvantages users of classed language; and where already vulnerable groups become victims of digitalisation and remote work. The author examines whether these practices create risks of discrimination based on certain protected attributes, including ‘social origin’ in international labour law and laws in Australia and South Africa, ‘social condition’ and ‘family status’ in laws within Canada, and others. The book proposes essential law reform and improvements to workplace policy.Table of Contents1. Class and Social Background Discrimination: An Introduction 2. Unravelling the Meaning of ‘Social Origin’ Discrimination in Conventions of the International Labour Organization (ILO) and its Applications in the Digital Age 3. Mapping the Legal Landscape in Australia, South Africa, Canada and New Zealand and its Applications in the Digital Age 4. Social Media in Hiring and Firing Decisions 5. Automated Candidate Screening, Algorithms and Artificial Intelligence in Recruitment 6. Platform Work and the Post-Pandemic Shift to Remote Work 7. Making Future Workplaces Fairer and More Equitable

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Book SynopsisPersons with disabilities report high levels of harassment worldwide, often based on intersectional characteristics such as race, gender and age. However, while #MeToo and #BlackLivesMatter have highlighted ongoing experiences of sexual and racial harassment, disability harassment has received little attention. This book focuses on legal measures to combat disability harassment at work. It sets disability harassment in its international context, including its human rights framework, and confronts the lack of empirical information by evaluating the Irish legal framework in practice. It explores the capacity of the law to address intersectional harassment, particularly that faced by women with disabilities, and outlines the barriers to effective legal solutions.Table of Contents1. Introduction 2. The Human Rights Framework 3. Barriers to Effective National Implementation 4. Disability Harassment in Ireland 5. The Irish Legal Framework in Practice 6. Meeting the Global Challenge: Lessons From Experience 7. Conclusion

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Book SynopsisThere has recently been a global resurgence of demands for the acknowledgement of historical and contemporary wrongs, as well as for apologies and reparation for harms suffered. Drawing on the histories of injustice, dispossession and violence in South Africa, this book examines the cultural, political and legal role, and value of, an apology. It explores the multiple ways in which ‘sorry’ is instituted, articulated and performed, and critically analyses its various forms and functions in both historical and contemporary moments. Bringing together an interdisciplinary team of contributors, the book’s analysis offers insights that will be invaluable to global debates on the struggle for justice.Table of Contents1. The Power of Apology - Melanie Judge and Dee Smythe 2. We Speak in the Shadow of the Tongues They Took - Siphokazi Jonas 3. Can an Apology Ever Be Enough for Crimes of the Past? - Yasmin Sooka 4. In Pursuit of Harmony: What is the Value of a Court-Ordered Apology? - Sindiso Mnisi Weeks 5. Penance and Punishment: Apology as a Remedy for Hate Speech - Nurina Ally and Kerry Williams 6. On Not Apologising: Winnie Madikizela-Mandela and the TRC Hearing into the Mandela United Football Club - Shireen Hassim 7. (Mis)Recognitions in the Racial Apology: Reading the Racist Event and its Fallouts - Nkululeko Nkomo and Peace Kiguwa 8. Apology as a Pathway out of White Unknowing - Christi van der Westhuizen 9. (Re)Collections: Her Sorry, Never Mine - Diane Jefthas 10. Beyond Words: Apologies and Compensation in Sexual Off ences - Leila Khan and Dee Smythe 11. ‘She Told Me to Stop Making a Fuss’: Undignified Treatment, Medical Negligence Claims, and Desires for Apology - Omowamiwa Kolawole 12. Unicorn Sightings: The Corporate Moral Apology in South Africa - Tracey Davies 13. In Black and White: The Hollow Apology of Racialised State Compensation to Freehold Landowners - Thuto Thipe 14. On Apology and the Failure of Shame in the TRC - Jaco Barnard-Naudé 15. Amnesty, Amnesia, and Remembrance: Self-Reflections on a 23-Year-Old Justification - Heinz Klug

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Book SynopsisThere has recently been a global resurgence of demands for the acknowledgement of historical and contemporary wrongs, as well as for apologies and reparation for harms suffered. Drawing on the histories of injustice, dispossession and violence in South Africa, this book examines the cultural, political and legal role, and value of, an apology. It explores the multiple ways in which ‘sorry’ is instituted, articulated and performed, and critically analyses its various forms and functions in both historical and contemporary moments. Bringing together an interdisciplinary team of contributors, the book’s analysis offers insights that will be invaluable to global debates on the struggle for justice.Table of Contents1. The Power of Apology - Melanie Judge and Dee Smythe 2. We Speak in the Shadow of the Tongues They Took - Siphokazi Jonas 3. Can an Apology Ever Be Enough for Crimes of the Past? - Yasmin Sooka 4. In Pursuit of Harmony: What is the Value of a Court-Ordered Apology? - Sindiso Mnisi Weeks 5. Penance and Punishment: Apology as a Remedy for Hate Speech - Nurina Ally and Kerry Williams 6. On Not Apologising: Winnie Madikizela-Mandela and the TRC Hearing into the Mandela United Football Club - Shireen Hassim 7. (Mis)Recognitions in the Racial Apology: Reading the Racist Event and its Fallouts - Nkululeko Nkomo and Peace Kiguwa 8. Apology as a Pathway out of White Unknowing - Christi van der Westhuizen 9. (Re)Collections: Her Sorry, Never Mine - Diane Jefthas 10. Beyond Words: Apologies and Compensation in Sexual Off ences - Leila Khan and Dee Smythe 11. ‘She Told Me to Stop Making a Fuss’: Undignified Treatment, Medical Negligence Claims, and Desires for Apology - Omowamiwa Kolawole 12. Unicorn Sightings: The Corporate Moral Apology in South Africa - Tracey Davies 13. In Black and White: The Hollow Apology of Racialised State Compensation to Freehold Landowners - Thuto Thipe 14. On Apology and the Failure of Shame in the TRC - Jaco Barnard-Naudé 15. Amnesty, Amnesia, and Remembrance: Self-Reflections on a 23-Year-Old Justification - Heinz Klug

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Book SynopsisThe French version of this book was the winner of the 2022 Grand Prix de la Protection Sociale. Over the years many disability-related rights have been legally recognized, but how has this changed the everyday lives of people with disabilities? Drawing on biographical interviews collected from individuals with mobility or visual impairments in France, this book analyses the reception of disability policies in the fields of education, employment, social rights and accessibility. It examines to what extent these policies contribute to the realization of associated rights among disabled people. The book demonstrates that the rights associated with disability suffer from major implementation flaws, while shedding light on the very active role of disabled citizens in the realization of their rights.Table of Contents1. Introduction 2. The Right to Education: A Battle Still to Be Won 3. Rights at Work 4. Autonomy under Supervision 5. Freedom of Movement: A ‘Sweet Dream’? 6. Conclusion

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Book SynopsisIntegrating marginalised perspectives into the curriculum and discourse, this indispensable textbook amplifies under-represented voices in the field and paves the way for a more inclusive and comprehensive understanding of tort law.

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Book Synopsis'Well-written, deeply researched and wholly gripping' The Spectator'Kentridge is one of many lawyers to whom I will forever be in debt, and whose everyday fights against injustice should inspire us all' David LammySydney Kentridge carved out a reputation as South Africa's most prominent anti-apartheid advocate - his story is entwined with the country's emergence from racial injustice and oppression. He is the only advocate to have acted for three winners of the Nobel Peace Prize - Nelson Mandela, Archbishop Desmond Tutu and Chief Albert Lutuli. Already world-famous for his landmark cases including the Treason Trial of Nelson Mandela and the other leading members of the ANC, the inquiry into the Sharpeville massacre, and the inquest into the death of Steve Biko, he then became England's premier advocate.Through the great set-pieces of the legal struggle against apartheid - cases which made the headlines not just in South Africa, but across the world - this biography is a portrait of enduring moral stature.Trade ReviewWell-written, deeply researched and wholly gripping -- The SpectatorMeticulously researched -- The TimesKentridge is not only one of the finest advocates of all time, he is also one of the finest men -- Lady HaleThe barrister's barrister . . . a moral stature that no amount of moral forensic technique can impersonate -- Lord Jonathan SumptionOne of the greatest lawyers of our times - a legal titan -- Lady Helena KennedyA good read . . . well-researched. It can be recommended as a short introduction to the horrific nature of the ancien régime and the risks run and suffering borne by its opponents, as they emerge through the prism of the South African legal system -- Daily TelegraphAnyone who wants a fresh understanding of how South Africa became the polecat of the international community will gain insight from Thomas Grant's gripping telling of the stellar career of Sydney Kentridge and his struggle for justice -- RapportIn all of [Grant's] chapters, the role of fearless hugely skilled advocacy in creating a belief that the rule of law matters is luminously documented . . . Grant's description of Kentridge's cross-examination of State witnesses who were cynically employed to convict opponents of the apartheid regime should be compulsory reading -- The Daily MaverickIn November [2022], [Sydney] Kentridge will mark his 100th birthday, and Grant's in-depth research sets the scene for a celebration of a remarkable legal tactician -- Farmer's WeeklyThomas Grant KC has performed a real service by enabling us to get a vivid sense of some of Kentridge's most important cases . . . This is a powerful, but easy, read -- New Law JournalA forensic, riveting account of a wondrous and principled advocate -- Philippe Sands

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Book Synopsis'A forensic, riveting account of a wondrous and principled advocate' Philippe Sands'Well-written, deeply researched and wholly gripping' The Spectator'Meticulously researched' The Times'Kentridge is one of many lawyers to whom I will forever be in debt, and whose everyday fights against injustice should inspire us all' David LammySydney Kentridge carved out a reputation as South Africa's most prominent anti-apartheid advocate - his story is entwined with the country's emergence from racial injustice and oppression. He is the only advocate to have acted for three winners of the Nobel Peace Prize - Nelson Mandela, Archbishop Desmond Tutu and Chief Albert Lutuli. Already world-famous for his landmark cases including the Treason Trial of Nelson Mandela and the other leading members of the ANC, the inquiry into the Sharpeville massacre, and the inquest into the death of Steve Biko, he then became England's premier advocate.Through the great set-pieces of the legal struggle against apartheid - cases which made the headlines not just in South Africa, but across the world - this biography is a portrait of enduring moral stature.Trade ReviewWell-written, deeply researched and wholly gripping -- The SpectatorMeticulously researched -- The TimesKentridge is not only one of the finest advocates of all time, he is also one of the finest men -- Lady HaleThe barrister's barrister . . . a moral stature that no amount of moral forensic technique can impersonate -- Lord Jonathan SumptionOne of the greatest lawyers of our times - a legal titan -- Lady Helena KennedyA good read . . . well-researched. It can be recommended as a short introduction to the horrific nature of the ancien régime and the risks run and suffering borne by its opponents, as they emerge through the prism of the South African legal system -- Daily TelegraphIn all of [Grant's] chapters, the role of fearless hugely skilled advocacy in creating a belief that the rule of law matters is luminously documented . . . Grant's description of Kentridge's cross-examination of State witnesses who were cynically employed to convict opponents of the apartheid regime should be compulsory reading -- The Daily MaverickIn November [2022], [Sydney] Kentridge will mark his 100th birthday, and Grant's in-depth research sets the scene for a celebration of a remarkable legal tactician -- Farmer's WeeklyThomas Grant KC has performed a real service by enabling us to get a vivid sense of some of Kentridge's most important cases . . . This is a powerful, but easy, read -- New Law JournalA forensic, riveting account of a wondrous and principled advocate -- Philippe Sands

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Book Synopsis The relationship between Law and Anthropology can be considered as having been particularly intimate. In this book the authors defend their assertion that the two fields co-exist in a condition of "balanced reciprocity" wherein each makes important contributions to the successful practice and theory of the other. Anthropology, for example, offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts such as "religion" and "human rights." Law similarly illuminates key anthropological ideas such as the "social contract," and provides a uniquely valuable access point for the analysis of sociocultural systems. Legal practice renders a further important benefit to anthropology when it validates anthropological knowledge through the use of anthropologists as expert witnesses in the courtroom and the introduction of the "culture defense" against criminal charges. Although the actual relationship between anthropology and law today falls short of this idealized state of balanced reciprocity, the authors include historical and other data suggesting that that level of intimate cooperation draws ever closer.Trade Review “The book contains many interesting observations and some useful insights and is most useful in some of the discussions of case material, especially of the history of case law on religion and cultural defense.” · Focaal "…insightful and interesting…One hopes that the practical approach to how practitioners in anthropology and law can better connect with one another, as well as how both fields can connect with the rest of the (non-anthropological and non-legal) real world, is here to stay through Donovan and Anderson's insightful work." · PoLAR "…the book has much to offer to anthropologists….the authors present historical and other data suggesting that cooperation is increasing….the positive tone of the book certainly encourages more productive collaboration, and both disciplines would profit from attending to the directions offered herein…The volume effectively focuses attention on the intimate relationship between anthropology and law, and provides thought-provoking insights regarding their interdependence. A selected bibliography and useful index are presented in formats familiar to anthropologists." · Anthropos "..I much appreciate the practical approach this book takes toward collaboration between anthropology and law in practice…One hopes [that it] is here to stay through Donovan and Anderson’s insightful work." · PoLAR (The Political and Legal Anthropology Review) "The book has many positive features. The style is highly accessible and eminently readable. Written for audiences that will often be somewhat or entirely uninformed of at least one of the two disciplines under discussion, the book steers clear of technical jargon from either discipline. This renders it highly suitable for textbook purposes, especially for introductory courses. This is further strengthened by the excellent way in which the authors manage to provide many interesting illustrations and case studies to support their arguments." · Journal of Legal Pluralism and Unofficial LawTable of Contents Preface to the Paperback Edition Preface to the First Edition Introduction: The Thesis of Balanced Reciprocity Chapter 1. Practical Benefits of Anthropology to Law Chapter 2. Practical Benefits of Law to Anthropology Chapter 3. Theoretical Benefits of Anthropology to Law Chapter 4. Theoretical Benefits of Law to Anthropology Conclusion: Outlook and Recommendations Selected Bibliography Index

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Book SynopsisExamines Jewish dedication to causes of equality, human rights and peace, showing how the idea of justice shapes Jewish attitudes even as the community wrestles with its instincts for self-preservation and its desire to serve as a "light to the nations."

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Book SynopsisCan the law promote moral values even in pluralistic societies such as the United States? Drawing upon important federal legislation such as the Americans with Disabilities Act, legal scholar and moral theologian Cathleen Kaveny argues that it can. In conversation with thinkers as diverse as Thomas Aquinas, Pope John Paul II, and Joseph Raz, she argues that the law rightly promotes the values of autonomy and solidarity. At the same time, she cautions that wise lawmakers will not enact mandates that are too far out of step with the lived moral values of the actual community. According to Kaveny, the law is best understood as a moral teacher encouraging people to act virtuously, rather than a police officer requiring them to do so. In "Law's Virtues" Kaveny expertly applies this theoretical framework to the controversial moral-legal issues of abortion, genetics, and euthanasia. In addition, she proposes a moral analysis of the act of voting, in dialogue with the election guides issued by the US bishops. Moving beyond the culture wars, this bold and provocative volume proposes a vision of the relationship of law and morality that is realistic without being relativistic and optimistic without being utopian.Trade ReviewA rich and, finally, polemical commentary on how Americans committed to Catholic teaching should respond morally and jurisprudentially to certain new moral problems. Journal of Religion Thought provoking. Choice Moving beyond the 'culture wars' model of political engagement, Cathleen Kaveny digs deep in Law's Virtues to deliver a must read for anyone who cares about the relationship of law and morality in our pluralistic society. America Magazine Professor Kaveny's book is an excellent resource for understanding the relationsihp that ought to exist between law and ethics. Health Progress Given [the author's] intellectual gifts and also her position as professor of both theology and law at a prominent Catholic University, the arguments of this book will very likely have an influence, especially in Catholic circles, during the presidential campaign season of 2016. -- Kevin L. Flannery First ThingsTable of ContentsPreface Introduction Section I: Law as a Moral Teacher1. Autonomy, Solidarity, and Law's Pedagogy2. Law and Morality: Understanding the Relationship Section II: Life Issues and the Law3. The Pro-Life Movement and the Purpose of Law4. Bad Pedagogy, Bad Law: What FOCA Is-and Isn't5. Genetic Information and Razian Autonomy6. Dying Gracefully7. Dying Well, Assisted Suicide, and Constitutional Law Section III: Voting, Morality, and the Law8. Voting and Faithful Citizenship9. Intrinsic Evil and Political Responsibility10. Voting and Complicity in Wrongdoing Concluding Reflections Index

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Book SynopsisThroughout history, the law has regulated sexual behaviours. Some regulations eventually become outdated and are no longer enforced. For instance, many states have adultery laws that are rarely or never enforced. Other regulations have been adopted more recently, as culture and technology have advanced. For example, laws regulating internet pornography are relatively recent. Often, these regulations are controversial and prompt analysis and research. It is the purpose of this book to present a variety of original research and legal analyses concerning such regulations. Research in psychology and social justice is particularly applicable to the study of legal regulations of sexual behaviour. As such, this edited volume will take a ''psycho-legal'' approach by addressing such issues using both psychological and legal principles. This book will contain original research articles, psycho-legal analyses, and psycho-legal briefs. All will involve current issues relating to the legal regulation of sexual behaviour and its outcomes. Some themes include access to sex (e.g., prostitution) or sexual materials (e.g., obscenity), teen sexual behaviour, the legal implications of the media''s portrayal of sexual behaviour, the outcomes of sexual behaviour (eg: abortion), psychological factors that predict support for laws that regulate sexual behaviour and outcomes, and ways in which the legal system can improve the lives of those it serves. It is the goal of this book to present original perspectives and prompt discussion within legal and social science communities.

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Book SynopsisOrganized retail crime (ORC) involves the large-scale theft of everyday consumer items and potentially has much broader implications. Organized groups of professional shoplifters steal or fraudulently obtain merchandise that is then sold to individuals and retailers through a variety of venues. In an increasingly globalization society, more and more transactions take place on-line rather than face-to-face. As such, in addition to relying on physical resale markets, organized retail thieves have turned to on-line marketplaces as a means to fence their ill-gotten goods. This book is an updated examination of organized retail crime as it exposes the United States to economic, public health, and domestic security dangers. It is a national problem, not only for retailers, but for manufacturers, consumers, taxpayers and the states as well.

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Book SynopsisBorn into a family of attorneys, Dickinson absorbed law at home. She employed legal terms and concepts regularly in her writings, and her metaphors grounded in law derive much of their expressive power from a comparatively sophisticated lay knowledge of the various legal and political issues that were roiling nineteenth-century America. Dickinson displays interest in such areas as criminal law, contracts, equity, property, estate law, and bankruptcy. She also held in high regard the role of law in resolving disputes and maintaining civic order. Toward the end of her life, Dickinson cited the Spartans’ defense at Thermopylae as an object lesson demonstrating why societies should uphold the rule of law.Yet Dickinson was also capable of criticizing, even satirizing, law and lawyers. Her poetic personae inhabit various legal roles including those of jurymen, judges, and attorneys, and some poems simulate courtroom contests pitting the rights of individuals against the power of the state. She was keenly interested in legal matters pertaining to women, such as breach of promise, dower, and trusts. With her tone ranging from subservient to domineering, from reverential to ridiculing, Dickinson’s writings reflect an abiding concern with philosophic and political principles underpinning the law, as well as an identification with the plight of individuals who dared confront authority.A Kiss from Thermopylae reveals a new dimension of Dickinson’s writing and thinking, one indicating that she was thoroughly familiar with the legal community’s idiomatic language, actively engaged with contemporary political and ethical questions, and skilled at deploying a poetic register ranging from high romanticism to low humor.

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Book SynopsisFrom false convictions to botched executions, from erroneous admission of evidence in a criminal trial to misunderstandings that arise in the process of creating contracts, law is awash in mistakes. These mistakes can be unintentional deviations from expected practices or the result of intentional actions that produce unintended negative consequences. They may become part of a process of response and correction or be accepted as an inevitable cost of action. Some mistakes are external to law itself, such as errors in an agreement made by two private parties. Others are made by legal actors in the course of their work; for example, a police officer's failing to obtain a search warrant when one was required.The essays in Law's Mistakes explore the things that law recognizes as errors and the way it responds to them. They identify the jurisprudential and political perspectives that underlie different understandings of what is or is not a legal mistake, and examine the fraught, contested, and evolving relationship between law and error. And they offer templates for thinking about what mistakes can tell us about the aspirations and limits of law, and for understanding how our imagining of law is enabled and shaped by its juxtaposition to a condition labeled mistake.In addition to the volume editors, contributors include Paul Schiff Berman, Sonali Chakravarti, Jody L. Medeira, Stewart Motha, Kunal Parker, and Jordan Steiker.

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Book SynopsisDoes the law shield citizens from authoritarian regimes? Are the core beliefs of classical liberalism—namely the rights of all individuals and constraints on state power—still protected by law? Liberalism and its expansion of rights could not exist without the legal system, and unsurprisingly, many scholars have explored the relationship between law and liberalism. However, the study of law and illiberalism is a relatively recent undertaking, a project that takes on urgency in light of the rise of authoritarian powers, among them Donald Trump's administration, Viktor Orban's Hungary, Recep Erdogan's Turkey, and Jair Bolsanoro's Brazil.In this volume, six penetrating essays explore the dynamics of the law and illiberal quests for power, examining the anti-liberalism of neoliberalism; the weaponization of "free speech"; the role of the administrative state in current crises of liberal democracy; the broad and unstoppable assault on facts, truth, and reality; and the rise of conspiracism leading up to the Capitol insurrection. In addition to the editors, contributors include Sharon Krause, Elizabeth Anker, Jeremy Kessler, Lee McIntyre, and Nancy Rosenblum.

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Book SynopsisDoes the law shield citizens from authoritarian regimes? Are the core beliefs of classical liberalism—namely the rights of all individuals and constraints on state power—still protected by law? Liberalism and its expansion of rights could not exist without the legal system, and unsurprisingly, many scholars have explored the relationship between law and liberalism. However, the study of law and illiberalism is a relatively recent undertaking, a project that takes on urgency in light of the rise of authoritarian powers, among them Donald Trump's administration, Viktor Orban's Hungary, Recep Erdogan's Turkey, and Jair Bolsanoro's Brazil.In this volume, six penetrating essays explore the dynamics of the law and illiberal quests for power, examining the anti-liberalism of neoliberalism; the weaponization of "free speech"; the role of the administrative state in current crises of liberal democracy; the broad and unstoppable assault on facts, truth, and reality; and the rise of conspiracism leading up to the Capitol insurrection. In addition to the editors, contributors include Sharon Krause, Elizabeth Anker, Jeremy Kessler, Lee McIntyre, and Nancy Rosenblum.

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