Law and society, sociology of law Books
Cornell University Press Legal Naturalism A Marxist Theory of Law
Book SynopsisLegal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence.Trade ReviewTaiwo proposes the novel, even startling thesis that 'an adequate Marxist theory of law must locate itself in the natural law tradition.' Examining Marx's early as well as later works, Taiwo claims that Marx moved from a position of legal rationalism to legal naturalism, finding the source of natural law in society. * Choice *
£27.54
Johns Hopkins University Press The Big Vote
Book SynopsisIn the end, the Get-Out-the Vote campaigns shed light not only on the problem of voter turnout in the 1920s, but on some of the problems that hamper the practice of full democracy even today.Trade ReviewNot only illuminates an aspect of the 1920s that has not received sufficient attention but, in doing so, it also propounds a provocative thesis that historians will need to address. -- Nicholas Burckel History 2005 Gidlow's topic is a timely one. Her account of the largely forgotten GOTV campaigns of the 1920s may carry lessons for the present era. -- Nikki Mandell American Historical Review 2005 Gidlow's... observations are helpful for serious students of marketing and political science. Minneapolis Star Tribune 2004 Gidlow has achieved much, giving us a new understanding of political cultures and how they are created and transformed. No one should henceforth assume that Get Out the Vote campaigns are innocuous. -- Gayle Gullett Journal of American History 2006Table of ContentsAcknowledgmentsIntroduction: Making Dominance1. "Civic Slackers" and "Poll Dodgers": Nonvoting and the Construction of Discursive Dominance2. "A Whole Fleet of Campaigns": The Get-Out-the-Vote Campaigns in Overview3. "Vote as You Please—But Vote!": The Leadership of the Get-Out-the-Vote Campaigns4. "Good for at Least 100 Votes": The Get-Out-the-Vote Campaigns at the Local Level5. The Expert Citizen: Civic Education and the Remaking of Civic Hierarchies6. The Methods of Wrigley and Barnum: The Get-Out-the-Vote Campaigns and the Commodification of Political CultureConclusion: The New RegimeAbbreviationsNotesA Note on Method and SourcesIndex
£23.75
Johns Hopkins University Press Against Obscenity
Book SynopsisIt cautions against framing debates over sexual material narrowly in terms of harm to children while highlighting the dangers of surrendering discourse about sexuality to the commercial realm.Trade ReviewWhat constitutes obscenity is a contentious issue, and Wheeler makes it clear that historically, it has been dangerous ground for feminists... Her analysis is convincing. Choice 2005 Wheeler's account of the anti-obscenity campaign illuminates the importance of gender to that history; she seamlessly explores the movement as it shifted from the local to the national level; and she meticulously recounts the day-to-day struggles women faced. Along the way, she draws on an impressive list of archival sources to reconstruct women's involvement in the campaign, provides a detailed account of the victories and hardships women experienced as they attempted to shape the... anti-obscenity movement, and offers a thoughtful and well-argued addition to a growing number of studies about women activists and how their concerns for mothers and children shaped public policy. American Historical Review 2005 Tells the complicated and compelling story of women's meteoric rise to prominence in competing branches of the anti-obscenity movement prior to and immediately following passage of the Nineteenth Amendment, and their arguably more rapid exit from the scene during the late 1920s and early 1930s... A superbly written book. -- Heather Lee Miller Women and Social Movements in the United States, 1600-2000 2005 A welcome addition to the growing historiography of obscenity and censorship. In its solid research, Wheeler's book is [also] an important addition to the historiography of grassroots struggles over free speech and other rights in twentieth-century America. Journal of American History In this important book, Leigh Ann Wheeler examines a little-discussed corner of popular culture, women's campaigns to regulate 'obscenity' in the late 1800[s] and early 1900s. Those interested in issues of obscenity and the development of the concept of free speech in the United States will find Wheeler's work compelling. -- Lisa K. Boehm Journal of Popular Culture Wheeler has uncovered a fascinating chapter in the story of women's perennial attempts to protect children and vulnerable young women from the dangers of commercial vice. Her study considers several of these dangers, such as prostitution and burlesque shows, but focuses above all on the new medium of film. -- Cynthia Eagle Russett H-Net Book Review/H-SHGAPE Deftly illuminates the 'possibilities in our past' while addressing the complex struggles of women and citizens in more recent times. -- Hiroshi Kitamura American Quarterly 2006 The study gives a very good sense of the anti-obscenity reform activity and concern in the period under study. -- Encarna Trinidad Journal of American Studies 2006 This is a very good book about an important topic. -- Rebecca J. Mead Journal of Social History 2007 Wheeler's impressively researched study is essential reading for anyone interested in the history of anti-obscenity reform and women's activism in general. -- Christine Erickson American StudiesTable of ContentsPreface and Acknowledgments Introduction: Crossing the Great Divide: Women, Politics, and Anti-obscenity Reform Chapter 1. " "Protect the Innocent!": Men, Women, and Anti-obscenity Reform, 1873 - 1911 Chapter 2. Dressing Elsie: Women's Theater Reform, 1912 - 1919 Chapter 3. "Censorship Does Not Protect": Women's Motion Picture Reform, 1919 - 1922 Chapter 4. "Woman vs. Woman": The Leading Ladies of Motion Picture Reform, 1923 - 1930 Chapter 5. "We Don't Want Our Boys and Girls in a Place of That Kind": Women's Burlesque Reform, 1925 - 1934 Chapter 6. "Thinking as a Woman and of Women": Sex Education, Obscenity's Antidote, 1925 - 1934 Chapter 7. "Sinful Girls Lead": Crises in Women's Motion Picture Reform, 1932 - 1934 Chapter 8. "'Catholic Action' is Blazing a Spectacular Trail!": The Collapse of Women's Anti-obscenity Leadership, 1934 - 1935 Conclusion: Anti-obscenity Reform and Women's History List of Abbreviations Notes Notes on Sources Index
£25.17
Johns Hopkins University Press Brokers of Public Trust Notaries in Early Modern
Book SynopsisThis magisterial new work brings fresh insight into the essential functions of early modern Roman society and the development of the modern state.Trade ReviewA major and pioneering contribution to the history of writing, books, knowledge, information, and political paperwork. -- Jacob Soll American Historical Review 2011 In this thorough and resourceful study, Laurie Nussdorfer documents the intermittent institutional and personal vicissitudes of a class of notaries on the Roman scene over a period of some 400 years. -- Paul D. McLean Journal of Modern History 2011Table of ContentsAcknowledgmentsMonetary UnitsIntroduction1. The Jurists: Writing Public Words2. The Profession: Defining Urban Identities3. The Laws: Shaping Notarial Pages4. The Archives: Creating Documentary Spaces5. The Office: Building Scribal Lives6. The State: Policing Notarial PracticesConclusionAppendixesA. Study Sample of the Thirty Capitoline Notaries in 1630B. The Proposals of the Capitoline NotariesC. The Creation of a NotaryNotesGlossaryBibliographyIndex
£51.00
Emerald Publishing Limited Economic Crisis and Crime
Book SynopsisAddresses a variety of issues related to economic crisis in the broadest sense of the term, involving diverse national and international contexts, historical epochs, and a range of problems related to economic life. This title tackles criminologically relevant questions in connection with crime/deviance and/or the control thereof.Table of ContentsList of Contributors. Introduction: criminological perspectives of the crisis. Fraud and Inequality in the Subprime Mortgage Crisis. Diffusion of Fraud Through Subprime Lending: The Perfect Storm. Public Attitudes Toward Blameworthiness and Control of the Mortgage Foreclosure Crisis. The Securitization of Mortgage Fraud. Social Reactions to White-Collar Crimes and their Relationship to Economic Crises. Corporate Crime and Crisis: Causation Scenarios. Illegally Backdated Stock Options. The Criminal Consequences of Changes in Neighborhood Structure Due to Home Foreclosure: A Theoretical Discussion. Employment, Unemployment, and Rates of Intimate Partner Violence: Evidence from the National Crime Victim Surveys. The Showdown with Shrinking Budgets: Police Departments in Economic Downturns. Economic Crisis and Crime. Sociology of crime, law and deviance. Sociology of crime, law and deviance. Copyright page.
£103.99
Emerald Publishing Limited Special Issue Social MovementsLegal Possibilities
Book SynopsisSocial movements provide the engine of legal change and law itself spurs social movement activity. This issue includes articles on social movements in several different nations, including France, South Africa and Canada, asking us to consider the way context is reflected in movement activities.Table of ContentsList of Contributors. EDITORIAL BOARD. Two spinning wheels: Studying law and social movements. Decolonizing the law: LGBT organizing in Namibia and South Africa. Social movements and the state's construction of identity: The case of Muslims in France. Rejecting rights: The disability critique of physician assisted suicide. Social movements lashing back: Law, social change and intra-social movement backlash in Canada. Protest arrests and future protest participation: The 2004 republican national convention arrestees and the effects of repression. Convincing elites, controlling elites. After 9/11: Guantánamo and the mobilization of lawyers. Special Issue Social Movements/Legal Possibilities. Studies in law, politics, and society. Studies in law, politics, and society. Copyright page.
£96.99
Edward Elgar Publishing Ltd Handbook on Space Place and Law
Book SynopsisThis innovative Handbook provides an expansive interrogation of the spaces and places of law, exploring how we engage relationally in a material world, within which we are inter-dependent and reliant, and governed by laws in a dynamic process. It advances novel insights into the numerous intersections of space, place and law in our lives.Trade Review‘The editors make a distinct contribution to legal geography, shaping a diverse, expansive, and future-focused collection of essays which finely balance being critically attuned to unequal formations of law and power whilst offering optimistic approaches of how to do things with legal geography. The range of topics and breadth of imagination is undoubtedly impressive.’ -- Jessica Smith, Frontiers of Socio-Legal Studies'A must-have for readers paying attention to space, place and law. This edited book is a journey along a braided river, with 32 chapters on Indigenous issues, non-human others, cyberlaw, the sea, cities, energy, the underground and much more. Highly readable and packed with important insights, you will need to put this book down, but you will soon pick it up again.' -- Phil McManus, University of Sydney, Australia'The contributors, refreshingly, are diverse and differently situated. Intellectually, they also come from many worlds -- geography, law, planning, anthropology, and so on. Their work speaks to the crucial challenges, tied to systemic inequality, that we confront, while also reminding us of the diverse forms that legal geography takes. It insists that legal geography is needed now, more than ever.' -- from the Foreword by Nicholas Blomley'Legal geography has much promise in deepening our understanding of the linkages between societies, their governance, and the world we live in. The Handbook on Space, Place and Law offers not only a major consolidation of the field, but a significant extension. Bartel, Carter and colleagues scope widely across socio-legal contexts, policy sectors and environments, and offer deep insights of great value to geographers and lawyers alike, and indeed to anyone concerned with the conditions of people and their environments.' -- Stephen Dovers, Australian National UniversityTable of ContentsContents: Foreword: What is legal geography? Why, and why now? xvii Nicholas Blomley Introduction to space, place and law xx Robyn Bartel and Jennifer Carter PART I WAY FINDING 1 How to make 1500 holes in the ground: accounting for law alongside other place-shaping factors in the making of an exceptional Cold War network 2 Luke Bennett 2 Legislative tenure and spatial economic analysis: an illustrative example of papaya production in Nadroga province, Fiji 14 Chethna Ben 3 In the eyes of the law: stalking and the legal (mis)construal of scopic relational spaces 26 David Delaney and Päivi Rannila 4 All the land was stolen: investigating the aporia of justice through countertopographies of Indigenous land rights and settler colonialism across the Americas 38 Joel E. Correia PART II JOURNEYING 5 Neighbourhoods for an ageing population in Singapore 50 Belinda Yuen 6 Sexual offences and to have done with the courtroom 61 Victoria Brooks 7 Performing law: space and the unfolding of gender and violence in India 72 Kalindi Kokal and Werner Menski 8 Place: sacrifice and property law in extra-territorial nation spaces 86 Lee Godden PART III BORDER CROSSINGS 9 Understanding the impact of customary land tenure and reform in Papua New Guinea 99 Flora Kwapena 10 The spatial management of sex work: placing marginality through formal and informal practices 109 Caitlin Neuwelt-Kearns, Tom Baker and Octavia Calder-Dawe 11 Collision between two ‘public interests’ in housing demolition and relocation in Dalian, China 118 Chen Li, Min Jiang and Mark Yaolin Wang 12 Law, place and maps 129 Antonia Layard PART IV DIFFERENT DIRECTIONS 13 Activating rural spaces in the pursuit of unconventional energy and justice 142 Meg Sherval 14 Land territorialisation, contestation and informal place-laws of Indigenous peoples in Phuket and Phang Nga, Thailand 156 Daniel Robinson, Danielle Drozdzewski and Jaruwan Kaewmahanin Enright 15 Indigenous land conflict and the underlying life of laws: lessons from the Ipperwash Crisis 170 Nicole Latulippe 16 Extracting Indigenous jurisdiction on private land: the duty to consult and Indigenous relations with place in Canadian law 182 Estair Van Wagner PART V INTERSECTIONS 17 Paying attention to the spaces in between: the social production of space and Indigenous presence in cities 196 Melissa Nursey-Bray and Stephen Muecke 18 Negotiating privacy in the ‘vertical city’: regulating the gentrification of the skies 207 Phil Hubbard 19 Landscapes of colonial Australian entanglement: authorities, self-definition and cultural pedagogy 217 John Ryan and Baden Offord 20 Reclaiming land, reclaiming the ‘nomos’: towards a geography of emerging rights 229 Benno Fladvad, Silja Klepp and Florian Dünckmann PART VI FELLOW TRAVELLERS 21 Pets, pests and humane humans 241 Jennifer Carter and Mandy Paterson 22 Apples and oranges? Exchanging offsets for a place agency-based approach 254 Wendy Beck and Robyn Bartel 23 A case for ‘place’ in governing the energy–environment nexus 268 Amanda Kennedy and Cameron Holley 24 Dephysicalised property and shadow lands 281 Nicole Graham PART VII NEW HORIZONS 25 Territorializing Arrakis: competing for water and melange at the edge of the galactic empire – between desert gatherers and the spacefaring 293 Allan Charles Dawson and Ismael Vaccaro 26 Law underground: the legal geographies of gas transmission pipeline risk regulation 304 Brad Jessup 27 Place, space, and cyberlaw 316 Barney Warf 28 Freedom and constraint in sailing: exploring a gendered attachment to sea-places 327 Shelley A. Wright PART VIII WAYS FORWARD 29 Tackling corruption in urban development and planning: from compliance to integrity in Africa and beyond 339 Dieter Zinnbauer and Stephen Berrisford 30 Land, people and places: double visions and corporate land ownership 350 Radha D’Souza 31 Making there like here: is the impossible possible? 365 Robyn Bartel and Christopher Stone 32 Where to from here? From law to place and back again 382 Robyn Bartel and Jennifer Carter Index
£42.00
Edward Elgar Publishing Ltd Private Law in Context Enriching Legal Doctrine
Book SynopsisTrade Review‘Anyone who dreads reading about the theory of private law should read this delightfully written book. It offers insights, well-chosen quotes, and examples in abundance. Open it at a random page and you are sure to find little treasures; treasures of thoughtful reflections on what private law is and what we think it is. Aimed at higher-level students, it may equally serve as a companion on the desk or coffee table of everyone working in private law.’ -- Cees van Dam, King's College London, UK‘To call this book a masterful primer on private law is to dramatically understate its accomplishments. It is nothing less than an indispensable travel guide to the entire landscape of legal theory, history, and practice. I cannot imagine a more valuable resource to offer advanced law students, aspiring legal academics, and anyone else who wants or needs a sophisticated but accessible overview of the grand subject, Law.’ -- Douglas Kysar, Yale University, USTable of ContentsContents: Preface Introduction to Private Law in Context 1. The concept of private law 2. The history of private law 3. The language of private law 4. The expertise of the private lawyer 5. The values of private law 6. The methods of private law 7. The discipline of private law 8. The profession of the private lawyer Index
£31.30
Edward Elgar Publishing Ltd Freedom Under the Private Law
Book SynopsisTrade Review‘Allan Beever’s fascinating book is an extended meditation on the rule of law. Through a series of vignettes Beever questions what he calls the “standard narrative” about the relationship between law and politics and challenges many common assumptions about what it means to do justice. While not everybody will embrace the conclusions that Beever draws, all readers will be engaged by his arguments. It is a bold and bracing read.’ -- Andrew Botterell, University of Western Ontario, CanadaTable of ContentsContents: 1 Introduction PART I THE COLLECTIVIST STATE 2 The decline of the rule of law 3 The rise of the welfare state 4 Marx and the modern world 5 Collectivist government in the twentieth century 6 Key conclusions on the collectivist state PART II LAW IN THE COLLECTIVIST STATE 7 Freedom under the law 8 Abuse of rights 9 Tailoring rights 10 Demoting rights 11 In lieu of rights 12 Negligence and the collapse of the rule of law 13 Punishment and the Philosopher Kings 14 Conclusion to Freedom under the Private Law Bibliography Index
£105.00
Edward Elgar Publishing Ltd Research Handbook on Law and Marxism
Book SynopsisThis Research Handbook offers unparalleled insights into the large-scale resurgence of interest in Marx and Marxism in recent years, with contributions devoted specifically to Marxist critiques of law, rights, and the state.Trade Review‘This collection makes an important contribution at an inflection point crossed by the crisis of global capitalism and South Africa’s own challenges generated by the Radical Economic Transformation faction of the ruling party and fellow populist travellers. One can only express the tentative hope that some of this collection finds its way into the teaching of legal theory in South African law schools.’ -- The Hon Justice Dennis Davis, The South African Law Journal‘The modestly titled Research Handbook on Law and Marxism is in fact a pioneering venture that brings together as many as 29 contributions on a wide range of subjects relating to law, seen through the analytical prism of Marxism. It will prove to be a useful reference point for students and seasoned writers alike. -- Utsa Patnaik, Professor Emerita, Jawaharlal Nehru University, India‘This volume displays the breadth and vitality of research on law from within the traditions of Marxism. Written from many different perspectives and by a healthy mix of eminent and emerging scholars, the essays collected here ably guide the reader through a century and a half of debates and controversies. These are debates both among Marxists about the status, import, and structure of the law and modern legal institutions, and between Marxists and non-Marxist legal scholars, collectively demonstrating that Marxism has indelibly shaped legal theory, constitutional theory, the theory of the state, and the theory of international law. This will undoubtedly be my new go-to reference volume on all questions pertaining to Marxism and legal studies.’ -- William Clare Roberts, McGill University, Canada‘Paul O’Connell and Umut Özsu have done a great service to all scholars of Marxism. They have assembled a comprehensive volume that includes contributions of both noted experts and brilliant young researchers and that fills a void in the existing literature. The outcome is a wonderful Handbook that is useful for both specialists and readers who approach Marxism and law for the first time. This book will serve as a guide in the field for many years to come.’ -- Marcello Musto, York University, CanadaTable of ContentsContents: 1 Introduction to the Research Handbook on Law and Marxism 1 Paul O’Connell and Umut Özsu PART I MARX AND THE MARXIST TRADITION 2 Legal and illegal political tactics in Marxist political theory 6 Clyde W Barrow 3 Marx on the Factory Acts: Law, exploitation, and class struggle 21 Daniel McLoughlin and Talina Hürzeler 4 ‘Putting weapons into the hands of the proletariat’: Marx on the contradiction between capitalism and liberal democracy 35 August H Nimtz 5 Marx’s concept of dictatorship 61 Cosmin Sebastian Cercel 6 Revolution, Lenin, and law 77 Michael Head 7 Marx, Engels, Lenin, and the right of peoples to self-determination in international law 98 Bill Bowring 8 Pashukanis’ commodity-form theory of law 115 Matthew Dimick 9 Thinking in a Gramscian way: Reflections on Gramsci and law 139 Pablo Ciocchini and Stéfanie Khoury 10 Poulantzas’ changing views on law and the state 156 Bob Jessop 11 The state as social relation: Poulantzas on materiality and political strategy 173 Rafael Khachaturian PART II CONTEMPORARY MARXIST ANALYSIS OF LAW, RIGHTS AND THE STATE 12 Marx’s critique and the constitution of the capitalist state 190 Rob Hunter 13 Marx and critical constitutional theory 209 Nimer Sultany 14 The reproduction of moral economies in capitalism: Reading Thompson structurally 242 Nate Holdren 15 Law and the state in Frankfurt School critical theory 261 Chris O’Kane 16 Feminist materialism and the laws of social reproduction 283 Miriam Bak McKenna 17 Marxism, labour and employment law, and the limits of legal reform in class society 299 Ahmed White 18 Karl Marx, Douglass North, and postcolonial states: The relation between law and development 319 BS Chimni 19 Transcending disciplinary fetishisms: Marxism, neocolonialism, and international law 335 Radha D’Souza 20 Taking political economy seriously: Grundriss for a Marxist analysis of international law 356 Rémi Bachand 21 From class-based project to imperial formation: European Union law and the reconstruction of Europe 375 Eva Nanopoulos PART III FUTURE ORIENTATIONS OF MARXIST LEGAL ANALYSIS 22 From free time to idle time: Time, work-discipline, and the gig economy 400 Rebecca Schein 23 Greening anti-imperialism and the national question 421 Max Ajl 24 Ideology, narrative, and law: ‘Operation Car Wash’ in Brazil 444 Enzo Bello, Gustavo Capela, and Rene José Keller 25 The poetry of the future: Law, Marxism, and social change 458 Paul O’Connell 26 Nomocratic social change: Reassessing the transformative potential of law in neoliberal times 477 Honor Brabazon 27 Beyond fetishism and instrumentalism: Rethinking Marxism and law under neoliberalism 497 Igor Shoikhedbrod 28 Law and the socialist ideal 512 Christine Sypnowich 29 Marx on law and method 529 Natalia Delgado 30 Principles for a dialectical-materialist analysis of law and the state 544 Dimitrios Kivotidis Index
£48.40
Edward Elgar Publishing Ltd Advanced Introduction to Behavioral Law and
Book SynopsisTrade Review‘As always, Sunstein's Advanced Introduction is a pleasure to read. This highly informative book is particularly helpful to those interested in law and public policy. Drawing on his deep and extensive work in behavioral law and economics, Sunstein covers much ground in short order. The book introduces readers to both foundational topics and current debates at the frontiers of this burgeoning field of research and policy.’ -- Avishalom Tor, Notre Dame Law School, US‘I love this terrific book. The science of how humans think meets the laws that govern how humans should act – and who better than Sunstein to teach us what happens when these worlds collide!’ -- Anupam B. Jena, Harvard University, US‘To develop policies that improve on society, we need to consider how people behave, both in the absence and presence of policies. I highly recommend this book to anyone interested in public policy and how insights about human behavior may inform policy making. Cass Sunstein’s experiences and extensive expertise in both law making and behavioral economics make him uniquely positioned to provide key insights on the intersection of law and behavioral economics.’ -- Linda Thunström, University of Wyoming, US‘In this book Professor Sunstein summarizes an enormous body of research showing how law affects human behavior. He carefully reviews research from behavioral economics and psychology, provides clever examples, and melds these insights with conventional economics, thereby suggesting ways to make legal systems more efficient—and even more fair.’ -- Jeffrey J. Rachlinski, Cornell Law School, US
£98.67
Edward Elgar Publishing Ltd Advanced Introduction to Behavioral Law and
Book SynopsisTrade Review‘As always, Sunstein's Advanced Introduction is a pleasure to read. This highly informative book is particularly helpful to those interested in law and public policy. Drawing on his deep and extensive work in behavioral law and economics, Sunstein covers much ground in short order. The book introduces readers to both foundational topics and current debates at the frontiers of this burgeoning field of research and policy.’ -- Avishalom Tor, Notre Dame Law School, US‘I love this terrific book. The science of how humans think meets the laws that govern how humans should act – and who better than Sunstein to teach us what happens when these worlds collide!’ -- Anupam B. Jena, Harvard University, US‘To develop policies that improve on society, we need to consider how people behave, both in the absence and presence of policies. I highly recommend this book to anyone interested in public policy and how insights about human behavior may inform policy making. Cass Sunstein’s experiences and extensive expertise in both law making and behavioral economics make him uniquely positioned to provide key insights on the intersection of law and behavioral economics.’ -- Linda Thunström, University of Wyoming, US‘In this book Professor Sunstein summarizes an enormous body of research showing how law affects human behavior. He carefully reviews research from behavioral economics and psychology, provides clever examples, and melds these insights with conventional economics, thereby suggesting ways to make legal systems more efficient—and even more fair.’ -- Jeffrey J. Rachlinski, Cornell Law School, US
£21.00
John Wiley and Sons Ltd Austerity And Law In Europe
Book SynopsisAusterity and Law in Europe presents an interdisciplinary collection of essays that challenge traditional narratives of austerity. The contributions recast austerity as a historically contingent political rationality that operates through law and technocracy.Table of ContentsAusterity and Law in Europe: An Introduction (Marija Bartl and Markos Karavias)The Guardians of Capitalism: International Consensus and the Technocratic Implementation of Austerity (Clara E. Mattei)Has (Downturn-)Austerity Really Been `Constitutionalized' in Europe? On the Ideological Dimension of Such a Claim (Clemens Kaupa)The Crisis of Law and the European Crises: From the Social and Democratic Rechtsstaat to the Consolidating State of (Pseudo-)technocratic Governance (Agustin J. Menendez)The Bank, the Bond, and the Bail-out: On the Legal Construction of Market Discipline in the Eurozone (Harm Schepel)The Growth of Debt and the Debt of Growth: Lessons from the Case of Argentina (Pablo J. Lopez and Cecilia Nahon)Social Rights Constitutionalism: An Antagonistic Endorsement (Emilios Christodoulidis)Contesting Austerity: On the Limits of EU Knowledge Governance (Marija Bartl)
£19.71
Johns Hopkins University Press Embezzlement and High Treason in Louis XIVs
Book SynopsisPitts uses the trial as a lens through which to explore the inner workings of the court of Louis XIV, who rightly feared that Fouquet would expose the tawdry financial dealings of the king's late mentor and prime minister, Cardinal Mazarin.Trade ReviewA fine book. It is a compelling account of a political drama in mid-seventeenth century France, but it is also a window into the process by which rule of law gradually became established...[and] I thoroughly enjoyed reading it. EH.Net ... Pitts gives us a well-organized, concise narrative of what amounts to a highly extractive economy whereby the few at the top accumulate the most to live in ostentatious slender. Renaissance QuarterlyTable of ContentsList of IllustrationsAcknowledgmentsIntroductionPrelude1. The Long Reach2. The Superintendant at Work3. Fall of a Titan4. Setting the Stage and Writing the Script5. The Best-Laid Plans of Men and Ministers6. To Do Justice without Consideration of Fortune or Self-Interest7. A Performance beyond Comparison8. The Honor and Conscience of Judges9. AftermathAppendix. Ministerial Fortunes in Seventeenth-Century FranceNotesBibliographyIndex
£39.00
Johns Hopkins University Press Renegade Amish
Book SynopsisHow a series of violent Amish-on-Amish attacks shattered the peace of a peace-loving people and led to a new interpretation of the federal hate crime law. On the night of September 6, 2011, terror called at the Amish home of the Millers. Answering a late-night knock from what appeared to be an Amish neighbor, Mrs. Miller opened the door to her five estranged adult sons, a daughter, and their spouses. It wasn't a friendly visit. Within moments, the men, wearing headlamps, had pulled their frightened father out of bed, pinned him into a chair, andignoring his tearful protestssheared his hair and beard, leaving him razor-burned and dripping with blood. The women then turned on Mrs. Miller, yanking her prayer cap from her head and shredding it before cutting off her waist-long hair. About twenty minutes later, the attackers fled into the darkness, taking their parents' hair as a trophy. Four similar beard-cutting attacks followed, disfiguring nine victims and generating a tsunami of mediTrade ReviewAn insider’s perspective into how a small community of Amish people, nurtured in a religious tradition of nonviolence and forgiveness, transformed into a culture of revenge and retaliation.—Publishers WeeklyDigs deep into a story that, for all its seeming quaintness, has the power to both rock the underpinnings of hate crime legislation and to break the human heart.—SalonKraybill tells this fascinating story clearly, and has the knowledge and contacts to penetrate a tight-lipped community.—The TimesAn acknowledged expert on Amish life and culture, [Kraybill] explains the religious and social background of the people involved and successfully explains the legal tangle that has not yet completely played out. This book will be of interest to those who study the intersection of law and religion or the sociology of closed groups like the Amish.—Journal of Church and StateA thorough, evenhanded, and accessible volume that provides keen insight on Amish culture.—Journal of Amish and Plain Anabaptist StudiesCaptures a fascinating chapter of legal history and Amish history . . . [This] is a tale begging to be told, and Kraybill proves worthy of the task.—The Mennonite Quarterly ReviewWhether you want to learn more about the Amish in general, the Bergholz Amish in particular, are interested in the formation and maintenance of NRMs, interactions between religious groups and the law, or just want to read an informative book that is exceedingly well researched and written, balanced, and engaging, Renegade Amish is most definitely worth reading.—Nova ReligioThe apparent dissonance in these opening narratives and the peculiar nature of Amish acting violently to shear helpless victims sets the scene for Kraybill’s fascinating exploration of the Bergholz Amish. . . The case has taken on new significance as the court system works to decide how people will be prosecuted under the Shepherd Byrd act and how broadly hate crimes can be defined.—Mennonite World ReviewTable of ContentsPrefaceChronology1. The Attacks2. The Clan3. The Bishop4. The Cult?5. The FBI6. The Trial7. The Sentencing8. The AftermathEpilogueAppendix IAppendix IINotesBibliographyIndex
£14.72
Johns Hopkins University Press The Barristers of Toulouse in the Eighteenth
Book SynopsisOriginally published in 1975. Following the vein of French historiography, many twentieth-century scholars of the French Revolution believed that the middle class of lawyers played a crucial role in the Revolution. In The Barristers of Toulouse, Lenard Berlanstein contends with that notion in a case study examining the response of the Toulousian legal community to the French Revolution. Using tax rolls, marriage contracts, and court records as primary sources, Professor Berlanstein argues that class interestssuch as a desire to preserve their status in the cultured, conservative urban eliteled many Toulousian judges and lawyers to reject the Revolution and to remain loyal to the aristocratic Parlement. In other words, those in the legal community of Toulouse conducted themselves in ways that were consistent with other members of their social and economic class. To supplement his argument, Berlanstein's integrates methods from the New Social History movement.Table of ContentsPrefaceChapter 1. The Professional Life of the BarristersChapter 2. Social and Economic StatusChapter 3. Social and Economic AdvancementChapter 4. Ideas and Reforms in the Age of EnlightenmentChapter 5. The Barristers in Toulousan Society and PoliticsChapter 6. The Toulousan Barristers in the Revolution (1788-1793)Chapter 7. Concluding RemarksAppendixBibliographyIndex
£25.17
Johns Hopkins University Press Felix Frankfurter
Book SynopsisOriginally published in 1960. Felix Frankfurter, a controversial figure in American judicial history, completed more than twenty-one years of service on the Supreme Court. This book is the first extended treatment of his political performance as a justice. It portrays the influence that he, both as teacher and jurist, exerted in the growth of public law over fifty years. He has exerted his influence not only through his writing but also through his personal acquaintance with many important persons in and out of government service. Beyond examining the career of one man, Thomas opens up a wider window on the history of legal thought. The main value of the book, though, lies in its presentation of the philosophy of one leading twentieth-century educator and jurist.Table of ContentsPrefacePart I: From Ivory Tower to Marble HallsChapter 1. The Making of a ScholarChapter 2. New Deal and National ProminencePart II: Symbolism and Social UnityChapter 3. "We Live by Symbols"Chapter 4. Group Conflict in Modern SocietyChapter 5. The Supreme Court and the Interests of SocietyPart III: The Uses of HistoryChapter 6. History and the Bill of RightsChapter 7. History and the Fourteenth AmendmentChapter 8. Precedents, Doctrines, and StatutesPart IV: The Constitution as an Instrument of PowerChapter 9. Subversion and Self-PreservationChapter 10. "Preferred Freedoms"-A Negative ViewChapter 11. "It Is a Constitution We Are Expounding"Part V: Decentralization and Dispersal of ControlChapter 12. The Court and COngressChapter 13. The Institutional Role of the CourtChapter 14. The Court bewteen Nation and StatesPart VI: The Role of the JudgeChapter 15. "The Man Who Talks So Much"Chapter 16. Scholar on the BenchIndex
£38.70
Bristol University Press The Legal Aid Market
Book SynopsisPresenting a rare picture of the barristers, solicitors and caseworkers practising immigration law in charities and private firms, this book offers fresh thinking on what has gone wrong in the legal aid market. In doing so, this book examines supply and demand, challenges existing legal aid policy and proposes insights for steps forward.Trade Review“…[An] excellent study of the economics of modern day legal aid lawyering.” Free Movement“In general, the book is an extremely important contribution, written by an insider who is both well-informed and conceptually innovative. It will make engaging reading for the non-specialist and should be required reading for relevant policy makers.” Frontiers of Socio-Legal StudiesTable of ContentsIntroduction Evolution of Immigration Law, Legal Aid and Lawyers Business of Asylum Justice Case Studies Broken Swings and Rusty Roundabouts New Framework for Demand Droughts and Deserts No Choice, No Voice, No Exit Why We Need To Think About Systems
£76.00
Bristol University Press The Legal Aid Market
Book SynopsisPresenting a rare picture of the barristers, solicitors and caseworkers practising immigration law in charities and private firms, this book offers fresh thinking on what has gone wrong in the legal aid market. In doing so, this book examines supply and demand, challenges existing legal aid policy and proposes insights for steps forward.Trade Review“…[An] excellent study of the economics of modern day legal aid lawyering.” Free Movement“In general, the book is an extremely important contribution, written by an insider who is both well-informed and conceptually innovative. It will make engaging reading for the non-specialist and should be required reading for relevant policy makers.” Frontiers of Socio-Legal StudiesTable of ContentsIntroduction Evolution of Immigration Law, Legal Aid and Lawyers Business of Asylum Justice Case Studies Broken Swings and Rusty Roundabouts New Framework for Demand Droughts and Deserts No Choice, No Voice, No Exit Why We Need To Think About Systems
£25.64
Bristol University Press 50 Dark Destinations
Book SynopsisFrom the Alcatraz East Crime Museum to Jack the Ripper guided tours, ‘dark tourism’ is now a multi-million-pound global industry. Highlighting 50 travel destinations across six continents, expert criminologists, psychologists and historians expose a worrying trend in contemporary consumer culture in which many of us partake.Table of ContentsIntroduction - Adam Lynes, Craig Kelly and James Treadwell 1. Cocaine Bear: Lexington, Kentucky, USA - Travis Linnemann 2. Whitney Plantation: New Orleans, Louisiana, USA - Thomas Raymen 3. National Portrait Gallery, Smithsonian Institution: Washington DC, USA - Alice Storey 4. From Newgate Prison to Tyburn Tree: the Old Bailey, London, UK - Peter Joyce and Wendy Laverick 5. Jack the Ripper Tour: Whitechapel, London, UK - Kevin Hoffin 6. The Alcatraz East Crime Museum: Pigeon Forge, Tennessee, USA - Laura Hammond 7. The Museum of Death: Hollywood, Los Angeles, USA - Loukas Ntanos 8. The Royal Armouries Museum: Leeds, UK - Sarah Jones 9. The Black Dahlia tour: Los Angeles, California, USA - David Wilson 10. The Execution Dock: Wapping, East London, UK - Wendy Laverick and Peter Joyce 11. Auschwitz: Oświęcim, Poland - Tammy Ayres and Sarah Hodgkinson 12. Jeju 4:3 memorial: Jeju Island, South Korea - Robin West 13. Museum Dr. Guislain: Ghent, Belgium - Sophie Gregory 14. Karosta Prison Hotel: Liepāja, Latvia - Melindy Duffus 15. The Clink prison-based restaurant: Brixton, London, UK - Dan Rusu 16. The 9/11 memorial and museum: New York, New York, USA - John Bahadur Lamb 17. The Tuol Sleng Museum of Genocidal Crimes: Phnom Penh, Cambodia - Eamonn Carrabine 18. Choeung Ek killing field: Phnom Penh, Cambodia - Luke Telford 19. Blue lights in the Red Light District: Amsterdam, the Netherlands - Ben Colliver 20. Trophy hunting: sub-Saharan Africa - Patrick Berry and Gary R. Potter 21. 'The ugly side to the beautiful game': Qatar - Grace Gallacher 22. Burning Man festival: Black Rock Desert, Nevada, USA - Keith Hayward 23. Magaluf: Majorca - Simon Winlow 24. 'Holiday Hooters': Hong Kong - Katie Lowe 25. Scilla: Calabria, Italy - Anna Sergi 26. The Kray twins tours: London, UK - Craig Ancrum 27. Backpacking in the outback: Uluru, Northern Territory, Australia - Eveleigh Buck-Matthews and Craig Kelly 28. The hippie trail: Nepal, South Asia - Emiline Smith 29. The Museum of Confiscated Art: Brest, Belarus - Donna Yates and Hannah London 30. Steroid holidays: Sharm El Sheikh, Sinai Peninsula, Egypt - Nick Gibbs 31. The Souks: Tunis, Tunisia - Kyla Bavin and James Treadwell 32. Mezhyhirya Residence Museum: Novi Petrivtsi, Ukraine - Tereza Østbø Kuldova and Jardar Østbø 33. The great British seaside: various locations, UK - Neil Chakraborti 34. The Biggie mural: Brooklyn, New York, USA - Natasha Pope 35. The Rebus guided tour: Edinburgh, UK - Ian R. Cook and Michael Rowe 36. Volunteer tourism - 'doing it for the 'gram': Cambodia, Southeast Asia - Orlando Woods 37. The Staycation: home - Jack Denham 38. The 'suicide forest': Aokigahara, Japan - Max Hart 39. Pitcairn Island: Pitcairn Islands, Pacific Ocean - Steve Wadley 40. Favela tours: Rio De Janerio, Brazil - Duncan Frankis and Selina Patel Nascimento 41. Skid Row walking tours: Los Angeles, California, USA - Craig Kelly 42. The 2019-2020 anti-extradition protests: Hong Kong - Jane Richards 43. The Maldives: Republic of Maldives, Indian Ocean - Emiline Smith and Oliver Smith 44. Death Road: La Paz to Coroico, Bolivia - Joe Garrihy 45. Vulture brains and muthi markets: Johannesburg, South Africa - Angus Nurse 46. Dark Tourism, ecocide and alpine ski resorts: the Alps, Europe - Oliver Smith 47. Boho Zone: Middlesbrough, UK - Emma Winlow 48. One Hyde Park: London, UK - Rowland Atkinson 49. Amazon warehouse tours: Rugeley, UK or virtual tour - Adam Lynes 50. Disney World: Orlando, Florida, USA - Anthony Lloyd Conclusion - Adam Lynes, Craig Kelly and James Treadwell
£12.34
MP-NCA Uni of North Carolina Black Litigants in the Antebellum American South
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.
£32.96
New York University Press Legalizing Sex
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 *
£62.90
New York University Press Laws Infamy
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 *
£62.90
New York University Press Laws Infamy
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 *
£23.74
New York University Press Legalizing Sex
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 *
£22.79
University of Toronto Press Also Serving Time
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
£45.05
University of Toronto Press Responding to Human Trafficking
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
£49.30
University of Toronto Press Closing the Enforcement Gap
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
£68.00
University of Toronto Press Federal Democracies at Work
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
£46.80
University of Toronto Press Policy Change Courts and the Canadian
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)
£31.50
University of Toronto Press Closing the Enforcement Gap
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
£31.50
Cornell University Press Everyday Law in Russia
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
£38.70
Cornell University Press The Clamor of Lawyers
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
£33.25
Stanford University Press Judge and Punish: The Penal State on Trial
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 *
£79.20
John Wiley and Sons Ltd Immigration Law and Society
Book SynopsisThe Immigration Act of 1965 was one of the most consequential laws ever passed in the United States and immigration policy continues to be one of the most contentious areas of American politics. As a "nation of immigrants," the United States has a long and complex history of immigration programs and controls which are deeply connected to the shape of American society today. This volume makes sense of the political history and the social impacts of immigration law, showing how legislation has reflected both domestic concerns and wider foreign policy. John S. W. Park examines how immigration law reforms have inspired radically different responses across all levels of government, from cooperation to outright disobedience, and how they continue to fracture broader political debates. He concludes with an overview of how significant, on-going challenges in our interconnected world, including "failed states" and climate change, will shape American migrations for many decades to come.Trade Review"John S.W. Park offers both detail and perspective in this magisterial history of the impacts on society of immigration law and its enforcement in the United States. The scope of the book is breathtaking, from the immigration of the colonists to the travel bans issued in 2017 by President Trump."—Kevin Johnson, University of California, Davis "John S. W. Park has written a timely book that sheds light on one of the most critical issues of the day - immigration. This book is interdisciplinary in all the best ways – drawing tools and insights from across the social sciences and humanities. These astute analyses provide a deep understanding of how immigration laws came to be, what their consequences have been, and what our future may hold. Immigration Law and Society is written in an accessible and congenial voice that will draw students in and hold their attention."—Tanya Golash-Boza, University of California, MercedTable of ContentsPreface Chapter 1. The Two Revolutions Chapter 2. The Kinetic Nation Chapter 3. The Immigration Act of 1965 Chapter 4. The Multiracial State Chapter 5. Common Wealth Chapter 6. The Privileged Classes Chapter 7. Out of Status Chapter 8. Local, State, and Federal Chapter 9. The Great Divide Chapter 10. The Future of American Migrations Epilogue Notes
£51.52
John Wiley and Sons Ltd Immigration Law and Society
Book SynopsisThe Immigration Act of 1965 was one of the most consequential laws ever passed in the United States and immigration policy continues to be one of the most contentious areas of American politics. As a "nation of immigrants," the United States has a long and complex history of immigration programs and controls which are deeply connected to the shape of American society today. This volume makes sense of the political history and the social impacts of immigration law, showing how legislation has reflected both domestic concerns and wider foreign policy. John S. W. Park examines how immigration law reforms have inspired radically different responses across all levels of government, from cooperation to outright disobedience, and how they continue to fracture broader political debates. He concludes with an overview of how significant, on-going challenges in our interconnected world, including "failed states" and climate change, will shape American migrations for many decades to come.Trade Review"John S.W. Park offers both detail and perspective in this magisterial history of the impacts on society of immigration law and its enforcement in the United States. The scope of the book is breathtaking, from the immigration of the colonists to the travel bans issued in 2017 by President Trump."—Kevin Johnson, University of California, Davis "John S. W. Park has written a timely book that sheds light on one of the most critical issues of the day - immigration. This book is interdisciplinary in all the best ways – drawing tools and insights from across the social sciences and humanities. These astute analyses provide a deep understanding of how immigration laws came to be, what their consequences have been, and what our future may hold. Immigration Law and Society is written in an accessible and congenial voice that will draw students in and hold their attention."—Tanya Golash-Boza, University of California, MercedTable of ContentsPreface Chapter 1. The Two Revolutions Chapter 2. The Kinetic Nation Chapter 3. The Immigration Act of 1965 Chapter 4. The Multiracial State Chapter 5. Common Wealth Chapter 6. The Privileged Classes Chapter 7. Out of Status Chapter 8. Local, State, and Federal Chapter 9. The Great Divide Chapter 10. The Future of American Migrations Epilogue Notes
£17.81
Bristol University Press Law and Society in a Populist Age: Balancing
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.
£18.99
Bristol University Press Law and Society in a Populist Age: Balancing
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.
£11.89
Bristol University Press Law Through the Life Course
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
£76.00
Bristol University Press Law Through the Life Course
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
£28.49
Bristol University Press Death, Family and the Law: The Contemporary
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
£76.50
Bristol University Press Pandemic Legalities: Legal Responses to COVID-19
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
£76.50
Bristol University Press Decolonisation and Legal Knowledge: Reflections
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
£77.39
Bristol University Press Beyond the Virus: Multidisciplinary and
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
£76.50
Bristol University Press Beyond the Virus
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.
£28.49
Bristol University Press Unsettling Apologies: Critical Writings on
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
£85.50
Bristol University Press Unsettling Apologies: Critical Writings on
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
£28.49
Bristol University Press Fragile Rights: Disability, Public Policy, and
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
£76.50