Law and society, sociology of law Books
Bristol University Press Diverse Voices in Tort Law
Book Synopsis
£76.50
Bristol University Press Diverse Voices in Tort Law
Book SynopsisIntegrating marginalised perspectives into the curriculum and discourse, this indispensable textbook amplifies under-represented voices in the field and paves the way for a more inclusive and comprehensive understanding of tort law.
£26.59
Bristol University Press Diverse Voices in Family Law
£77.39
University of Massachusetts Press Law and Illiberalism
Book SynopsisDoes the law shield citizens from authoritarian regimes? Are the core beliefs of classical liberalism—namely the rights of all individuals and constraints on state power—still protected by law? Liberalism and its expansion of rights could not exist without the legal system, and unsurprisingly, many scholars have explored the relationship between law and liberalism. However, the study of law and illiberalism is a relatively recent undertaking, a project that takes on urgency in light of the rise of authoritarian powers, among them Donald Trump's administration, Viktor Orban's Hungary, Recep Erdogan's Turkey, and Jair Bolsanoro's Brazil.In this volume, six penetrating essays explore the dynamics of the law and illiberal quests for power, examining the anti-liberalism of neoliberalism; the weaponization of "free speech"; the role of the administrative state in current crises of liberal democracy; the broad and unstoppable assault on facts, truth, and reality; and the rise of conspiracism leading up to the Capitol insurrection. In addition to the editors, contributors include Sharon Krause, Elizabeth Anker, Jeremy Kessler, Lee McIntyre, and Nancy Rosenblum.
£23.70
NewSouth Publishing Law in War: Freedom and restriction in Australia
Book SynopsisA nation often amends its laws during war, not least to regulate life at home. Yet few historians have considered the impact of law on everyday lives in Australia during the Great War.In this original book, lawyer and historian Catherine Bond breathes life into the laws that were central to the way that people’s daily lives were managed in Australia 1914–18. Riveting and at times shocking, it argues that in First World War Australia, law perpetuated a form of tyranny in the name of victory in war.Bond finds that law was used as a tool against many Australians to discriminate, oppress, censor and deprive them of property, liberty and basic human rights. This legal regime created a deep injustice that, for the most part, has remained undocumented and unacknowledged.The book examines and documents individual experiences under the law, so we meet: The men who wrote the laws A police officer who enforced the law Two men interned under the law Two female protesters who were gaoled under the law A man imprisoned multiple times then deported Three men who were discriminated against by the law Two men who benefitted from the law Many infamous laws were used during this period, including the War Precautions Act (and its myriad regulations) and the Unlawful Associations Act. Engaging and informative, this book holds those who wrote the laws to account, exposing the sheer breadth and impact of this wartime legal regime, some of which is still in force to this day.
£19.76
Emerald Publishing Limited Leadership in Education, Corrections and Law
Book SynopsisLeadership in Education, Corrections and Law Enforcement: A Commitment to Ethics, Equity and Excellence fills a unique gap in the knowledge base - the juncture between leadership, ethics, law, and how public institutions/organizations understand and practice the essence of all three. Authors from law enforcement, corrections education, and educational leadership present different yet overlapping constructs around ethics and law, and make an important step towards reconciling these differing views to demonstrate the significance of collaboration and partnerships for a common purpose.Table of ContentsList of Contributors. Introduction. Chapter 1 Understanding the Ethical Failures of Law Enforcement. Chapter 2 I am Second: Ethical Leadership and Self-Denial. Chapter 3 Ethical Issues in School Search and Seizure. Chapter 4 Ethical Issues for a Police Psychologist. Chapter 5 Responsible Action as a Construct for Ethical Leadership: Investigating the Effect of School and Community on Police Involvement in Student Disciplinary Affairs. Chapter 6 The Challenges of School–Police Partnerships in Large Urban School Systems: An Analysis of New York City's Impact Schools Initiative. Chapter 7 Institutional Moral Architecture: From Schools to Prisons. Chapter 8 In Pursuit of Equity and Excellence in Law Enforcement Leadership. Chapter 9 Theories of Criminal Justice: The Influence of Value Attributions on Correctional Education. Chapter 10 The Value Struggle Between the Families of Law Enforcement: The Family at Home and the Family at Work. Chapter 11 Discrimination Under Section 504 and the Americans with Disabilities Act. Chapter 12 Youth Detention Facilities and Restorative Justice: Lesson for Public Education. About the Authors. Index. Leadership in Education, Corrections and Law Enforcement: A Commitment to Ethics, Equity and Excellence. Advances in Educational Administration. Advances in Educational Administration. Copyright page.
£96.99
Emerald Publishing Limited Studies in Law, Politics, and Society
Book SynopsisThis volume of "Studies in Law, Politics, and Society" contains an international and interdisciplinary array of legal scholarship. Presenting diverse theoretical perspectives and methodological approaches, this work illuminates the law's response to its social context as well as the way law shapes that context. It shows how legal scholars contribute to public debate about contemporary issues as well as how they articulate the nature of rights and the limits of law.Table of ContentsList of Contributors. EDITORIAL BOARD. It's not about Race, It's about Rights. Legislative Abolition of the Death Penalty: A Qualitative Analysis. The Most Restrictive Alternative: A Litigation History of Solitary Confinement in U.S. Prisons, 1960–2006. Return of the Wrongly Convicted: The Test for Post-Conviction Executive References in Australia. Measuring Legal Formalism: Reading Hard Cases with Soft Frames. On Law's Promise: Thinking about how we Think about Law's Limits. Studies in law, politics, and society. Studies in law, politics, and society. Studies in law, politics, and society. Copyright page.
£98.99
Edward Elgar Publishing Ltd Research Handbook on Political Economy and Law
Book SynopsisEvents such as the global financial crisis have helped reveal that the drivers and contours of governance on a national and international level remain a mystery in many respects. This is so despite the ever-increasing complexity and sophistication in the management and understanding of economic, legal and political spheres of global society. Set in this context, this timely Research Handbook is the first to explicitly address the constitutive relationship between law and political economy.With scholarly contributions from diverse disciplinary and geographic backgrounds, this authoritative book provides an expansive overview of the legal architecture of the global political economy. It covers, in three parts, topics surrounding money and markets, the relations of organization, and commodities, land and resources.Scholars and policymakers as well as undergraduate and postgraduate law students interested in the intersection of socio-political, economic, and legal dynamics of governance will find this book a thought-provoking and insightful resource.Contributors: A. Andreoni, G. Baars, S. Bailey, B. Bowring, T.A. Canova, D. Danielsen, J. Desautels-Stein, J. Ellis, A. Gupta, F. Guy, A. Hanieh, I. Isailovi , V. Kishore, R. Kreitner, T. Krever, P. Luff, T. Mahmud, B.N. Mamlyuk, M. McCluskey, R. Míguez, C. Mummé, A. Ng Boyte, Ö. Orhangazi, U. Özsu, A. Rasulov, L. Russi, C. Salom o Filho, P. Skott, J. Toporowski, R.A. Woodcock, L.R. WrayTrade Review'Law creates and regulates our political and economic life. If the legal institutions of citizenship and political authority, property and contract, money and credit, or labor and capital were put together differently, our world might be more equal, productive, democratic, sustainable and just. This terrific collection explores how this might be done. Each essay puts law at the center of a story about political economy and asks how things might be otherwise. Original, broad-reaching and imaginative, these essays will change how you think about the world: what seemed natural and inevitable will seem open to rethinking and remaking. An excellent overview of law's role in contemporary political economy by some of the most creative thinkers in the legal academy today.' --David Kennedy, Harvard Law School, USTable of ContentsContents: 1. Introduction John D. Haskell and Ugo Mattei PART I MONEY AND MARKETS 2. Toward a Political Economy of Money Roy Kreitner 3. The Market as a Legal Concept: Classical Liberalism, Modern Liberalism, Pragmatic Liberalism Justin Desautels-Stein 4. The New Global Dis/Order in Central Banking and Public Finance Timothy A. Canova 5. Neoliberalism, Debt and Discipline Tayyab Mahmud 6. Free Trade and Comparative Advantage: A Study in Economic Sleight of Hand Vishaal Kishore 7. Technology, Power and the Political Economy of Inequality Frederick Guy and Peter Skott 8. Finance and the ‘Real’ Economy: Systemic Complexity, Complex Agencies Luigi Russi 9. Financialization and the Non-Financial Corporate Sector Özgür Orhangazi 10. Debt and Financial Stability Jan Toporowski 11. The Law of Value and the Law Bill Bowring 12. Less Markets: A Critical Analysis of Market Existence and Functioning Calixto Salomão Filho PART II THE RELATIONS OF ORGANIZATION: INDUSTRY, LABOR AND THE STATE 13. Beyond Corporate Governance: Why a New Approach to the Study of Corporate Law is Needed to Address Global Inequality and Economic Development Dan Danielsen 14. The Job Guarantee, Full Employment and Human Rights L. Randall Wray 15. Personal Responsibility for Systemic Inequality Martha McCluskey 16. From the ‘Semi-Civilized State’ to the ‘Emerging Market’: Remarks on the International Legal History of the Semi-Periphery Umut Özsu 17. From the Dutch East India Company to the Corporate Bill of Rights: Corporations and International Law Grietje Baars 18. Mapping the Political Economy of Neoliberalism in the Arab World Adam Hanieh 19. Ending Impunity? Eliding Political Economy in International Criminal Law Tor Krever 20. The Political Economy of Court-Based Regulation Patrick Luff, 21. Law and Development: A History in Three Moments Arpita Gupta 22. The Political Economy of Industrial Policy: After the Crisis, Back on the Agenda Antonio Andreoni PART III COMMODITIES, LAND AND RESOURCES 23. The Empty Circularity of Regulatory Takings: The Legacy of a Legal Realist Critique for a 21st-Century Context Akbar Rasulov 24. Property in Labor and the Limits of Contract Claire Mummé 25. Property Issues in the Indigenous Historical Contexts of Republican Latin America Rodrigo Míguez 26. Indigenous Peoples’ Claims and Challenges Over Control of Property Ivana Isailović 27. Early Soviet Property Law in Comparison with Western Legal Traditions Boris N. Mamlyuk 28. The Architecture of Commons Legal Institutions Saki Bailey 29. Political Economy and Environmental Law: A Cost-Benefit Analysis Jaye Ellis 30. The Propertization of Intellectual Property Alina Ng Boyte 31. Property, Efficiency, the Commons, and Theft Ramsi A. Woodcock Index
£232.00
Edward Elgar Publishing Ltd The Economics of Judicial Behaviour
Book SynopsisThis excellent research review contains the very best studies that take an economic approach to the study of judicial behaviour. The authors hail from the disciplines of business, economics, history, law, and political science, and the topics they cover are equally varied. Subjects include the judges' motivations, judicial independence, precedent, judging on collegial courts and in the hierarchy of justice and the relationship between judges and the other government actors.Table of ContentsContents: Volume I Acknowledgements Introduction Lee Epstein PART I THE JUDGE: MOTIVATIONS, CAREERS AND PERFORMANCE 1. Richard A. Posner (1993), ‘What Do Judges and Justices Maximize? (The Same Thing Everybody Else Does)’ 2. Christopher R. Drahozal (1998), ‘Judicial Incentives and the Appeals Process’ 3. J. Mark Ramseyer and Eric B. Rasmusen (2001), ‘Why Are Japanese Judges So Conservative in Politically Charged Cases?’ 4. Mark A. Cohen (1991), ‘Explaining Judicial Behavior or What's “Unconstitutional” about the Sentencing Commission?’ 5. Daniel Klerman (1999), ‘Nonpromotion and Judicial Independence’ 6. Stephen J. Choi, G. Mitu Gulati and Eric A. Posner (2009), ‘Are Judges Overpaid?: A Skeptical Response to the Judicial Salary Debate’ 7. Thomas J. Miceli and Metin M. Coşgel (1994), ‘Reputation and Judicial Decision-Making’ 8. Hon. Richard A. Posner (2005), ‘Judicial Behavior and Performance: An Economic Approach’ 9. William M. Landes, Lawrence Lessig and Michael E. Solimine (1998), ‘Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges’ 10. Gilat Levy (2005), ‘Careerist Judges and the Appeals Process’ 11. James F. Spriggs, II and Paul J. Wahlbeck (1995), ‘Calling It Quits: Strategic Retirement on the Federal Courts of Appeals, 1893–1991’ PART II JUDICIAL INDEPENDENCE AND DEPENDENCE 12. Rafael La Porta, Florencio López-de-Silanes, Cristian Pop-Eleches and Andrei Shleifer (2004), ‘Judicial Checks and Balances’ 13. Daniel M. Klerman and Paul G. Mahoney (2005), ‘The Value of Judicial Independence: Evidence from Eighteenth Century England’ 14. William M. Landes and Richard A. Posner (1975), ‘The Independent Judiciary in an Interest-Group Perspective’ 15. John Ferejohn (1999), ‘Independent Judges, Dependent Judiciary: Explaining Judicial Independence’ 16. Melinda Gann Hall (1992), ‘Electoral Politics and Strategic Voting in State Supreme Courts’ 17. Alexander Tabarrok and Eric Helland (1999), ‘Court Politics: The Political Economy of Tort Awards’ 18. Gregory A. Huber and Sanford C. Gordon (2004), ‘Accountability and Coercion: Is Justice Blind when It Runs for Office?’ PART III OPINIONS AND PRECEDENT 19. Jeffrey K. Staton and Georg Vanberg (2008) ‘The Value of Vagueness: Delegation, Defiance, and Judicial Opinions’ 20. Michael Abramowicz and Emerson H. Tiller (2009), ‘Citation to Legislative History: Empirical Evidence on Positive Political and Contextual Theories of Judicial Decision Making’ 21. William M. Landes and Richard A. Posner (1980), ‘Legal Change, Judicial Behavior, and the Diversity Jurisdiction’ 22. Lee Epstein, William M. Landes and Richard A. Posner (2011), ‘Why (and When) Judges Dissent: A Theoretical and Empirical Analysis’ 23. Virginia A. Hettinger, Stefanie A. Lindquist and Wendy L. Martinek (2004), ‘Comparing Attitudinal and Strategic Accounts of Dissenting Behavior on the U.S. Courts of Appeals’ 24. Eric Rasmusen (1994), ‘Judicial Legitimacy as a Repeated Game’ 25. William M. Landes and Richard A. Posner (1976), ‘Legal Precedent: A Theoretical and Empirical Analysis’ 26. Lewis A. Kornhauser (1992), ‘Modeling Collegial Courts I: Path-Dependence’ 27. Jeffrey A. Segal and Harold J. Spaeth (1996), ‘The Influence of Stare Decisis on the Votes of United States Supreme Court Justices’ 28. Jack Knight and Lee Epstein (1996), ‘The Norm of Stare Decisis’ 29. Lewis A. Kornhauser (1995), ‘Adjudication by a Resource-Constrained Team: Hierarchy and Precedent in a Judicial System’ 30. Ethan Bueno de Mesquita and Matthew Stephenson (2002), ‘Informative Precedent and Intrajudicial Communication’ 31. Vincy Fon and Francesco Parisi (2006), ‘Judicial Precedents in Civil Law Systems: A Dynamic Analysis’ 32. McNollgast (1995), ‘Politics and the Courts: A Positive Theory of Judicial Doctrine and the Rule of Law’ 33. Nicola Gennaioli and Andrei Shleifer (2007), ‘Overruling and the Instability of Law’ Volume II Acknowledgements An introduction by the editor to both volumes appears in Volume I PART IV COLLEGIAL COURTS 1. Gregory A. Caldeira, John R. Wright and Christopher J.W. Zorn (1999), ‘Sophisticated Voting and Gate-Keeping in the Supreme Court’ 2. David W. Rohde (1972), ‘Policy Goals, Strategic Choice and Majority Opinion Assignments in the U.S. Supreme Court’ 3. Jeffrey R. Lax and Charles M. Cameron (2007), ‘Bargaining and Opinion Assignment on the US Supreme Court’ 4. Paul J. Wahlbeck, James F. Spriggs and Forrest Maltzman (1998), ‘Marshalling the Court: Bargaining and Accommodation on the United States Supreme Court’ 5. Chris W. Bonneau, Thomas H. Hammond, Forrest Maltzman and Paul J. Wahlbeck (2007), ‘Agenda Control, the Median Justice, and the Majority Opinion on the U.S. Supreme Court’ 6. Jeffrey R. Lax (2007), ‘Constructing Legal Rules on Appellate Courts’ 7. Frank H. Easterbrook (1982), ‘Ways of Criticizing the Court’ 8. Lewis A. Kornhauser and Lawrence G. Sager (1986), ‘Unpacking the Court’ 9. Robert Anderson IV and Alexander M. Tahk (2007), ‘Institutions and Equilibrium in the United States Supreme Court’ 10. Frank B. Cross and Emerson H. Tiller (1998), ‘Judicial Partisanship and Obedience to Legal Doctrine: Whistleblowing on the Federal Courts of Appeal’ 11. Sean Farhang and Gregory Wawro (2004), ‘Institutional Dynamics on the U.S. Court of Appeals: Minority Representation under Panel Decision Making’ 12. Jonathan P. Kastellec (2007), ‘Panel Composition and Judicial Compliance on the US Courts of Appeals’ PART V THE HIERARCHY OF JUSTICE 13. Jeffrey R. Lax (2003), ‘Certiorari and Compliance in the Judicial Hierarchy: Discretion, Reputation and the Rule of Four’ 14. Charles M. Cameron, Jeffrey A. Segal and Donald Songer (2000), ‘Strategic Auditing in a Political Hierarchy: An Informational Model of the Supreme Court’s Certiorari Decisions’ 15. Tracey E. George and Michael E. Solimine (2001), ‘Supreme Court Monitoring of the United States Courts of Appeals En Banc’ 16. Tom S. Clark (2009), ‘A Principal-Agent Theory of En Banc Review’ 17. Linda R. Cohen and Matthew L. Spitzer (1994), ‘Solving the Chevron Puzzle’ 18. Matt Spitzer and Eric Talley (2000), ‘Judicial Auditing’ 19. Steven Shavell, (1995), ‘The Appeals Process as a Means of Error Correction’ 20. Chad Westerland, Jeffrey A. Segal, Lee Epstein, Charles M. Cameron and Scott Comparato (2010), ‘Strategic Defiance and Compliance in the U.S. Courts of Appeals’ 21. Walter F. Murphy (1959), ‘Lower Court Checks on Supreme Court Power’ PART VI EXECUTIVE AND LEGISLATURE 22. Rafael Gely and Pablo T. Spiller (1990), ‘A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the “State Farm” and “Grove City Cases”’ 23. William N. Eskridge, Jr. (1991), ‘Overriding Supreme Court Statutory Interpretation Decisions’ 24. John A. Ferejohn and Barry R. Weingast (1992), ‘A Positive Theory of Statutory Interpretation’ 25. Jeffrey A. Segal, Chad Westerland and Stefanie A. Lindquist (2011), ‘Congress, the Supreme Court, and Judicial Review: Testing a Constitutional Separation of Powers Model’ 26. Tom S. Clark (2009), ‘The Separation of Powers, Court Curbing, and Judicial Legitimacy’ 27. Gretchen Helmke (2002), ‘The Logic of Strategic Defection: Court-Executive Relations in Argentina Under Dictatorship and Democracy’ 28. Lee Epstein, Jack Knight and Olga Shvetsova (2001), ‘The Role of Constitutional Courts in the Establishment and Maintenance of Democratic Systems of Government’ 29. Georg Vanberg (2001), ‘Legislative-Judicial Relations: A Game-Theoretic Approach to Constitutional Review’ 30. James R. Rogers (2001), ‘Information and Judicial Review: A Signaling Game of Legislative-Judicial Interaction’ 31. Joseph L. Smith and Emerson H. Tiller (2002), ‘The Strategy of Judging: Evidence from Administrative Law’ 32. William H. Riker and Barry R. Weingast (1988), ‘Constitutional Regulation of Legislative Choice: The Political Consequences of Judicial Deference to Legislatures’
£827.00
Edward Elgar Publishing Ltd Comparative Law and Anthropology
Book SynopsisThis cutting-edge Research Handbook, at the intersection of comparative law and anthropology, explores mutually enriching insights and outlooks. The 20 contributors, including several of the most eminent scholars, as well as new voices, offer diverse expertise, national backgrounds and professional experience. Their overall approach is ''ground up'' without regard to unified paradigms of research or objects of study.Through a pluralistic definition of law and multidisciplinary approaches, Comparative Law and Anthropology significantly advances both theory and practice. The Research Handbook's expansive concept of comparative law blends a traditional geographical orientation with historical and jurisprudential dimensions within a broad range of contexts of anthropological inquiry, from indigenous communities, to law schools and transitional societies. This comprehensive and original collection of diverse writings about anthropology and the law around the world offers an inspiring but realistic source for legal scholars, anthropologists and policy-makers.Contributors include: U. Acharya, C. Bell, J. Blake, S. Brink, E. Darian-Smith, R. Francaviglia, M. Lazarus-Black, P. McHugh, S.F. Moore, E. Moustaira, L. Nader, J. Nafziger, M. Novakovic, R. Price, O. Ruppel, J.A. Sanchez, W. Shipley, R. Tejani, A. Telesetsky, K. ThomasTrade Review‘. . . Comparative Law and Anthropology offers a diverse pool of writings connected to anthropology and law that are timely and relatable. The volume covers many geographical areas of the world either in in-depth studies or through shorter examples related to certain legal fields. In addition, although a majority of the authors deal with indigenous or local law, there are also many other subjects covered from intellectual property to religious freedom.’ -- Elin Hofverberg, International Journal of Legal InformationTable of ContentsContents: 1. Introduction to comparative law and anthropology James A.R. Nafziger PART I PAST, PRESENT AND FUTURE 2. Law and anthropology: research traditions Sally Falk Moore 3. Whose comparative law? A global perspective Laura Nader PART II COMPLEXITY, LEGAL PLURALISM AND TOTALITY OF LEGAL IDEAS 4. Anthropology on trial: the Hindmarsh Island Bridge controversy (1993–2001) P.G. McHugh 5. First Nation control over archeological sites: contemporary issues in heritage law, policy and practice Catherine Bell 6. The hybridity of law in Namibia and the role of community law in the Southern African Development Community (SADC) Oliver C. Ruppel and Katharina Ruppel-Schlichting 7. Legal pluralism – linking law and culture in natural resource co-management and environmental compliance Anastasia Telesetsky PART III SUBSTANCE OF LEGAL SCHEMES OF MEANING AND SOCIAL SIGNIFICANCE OF LAW 8. Anthropology in international law: the case of safeguarding intangible cultural heritage Janet Blake 9. Cultural landscapes significant to indigenous peoples James A.R. Nafziger 10. Governance disputes involving First Nations in Canada: culture, custom, and dispute resolution outside of the Indian Act William B. Shipley PART IV COSMOPOLITAN COMPARATIVE PERSPECTIVES 11. Images of Muhammad: religious law and freedom of expression Richard Francaviglia 12. Narratives of laws, narratives of peoples Elina N. Moustaira PART V HISTORICAL ORIENTATION 13. Law, society and landscape in early Scandinavia Stefan Brink 14. Transgenic maize: the Mexican cultural battle Jorge Sánchez Cordero 15. A trinity of culture, law and politics: legal anthropology of the bonded labor system in Nepal Upendra D. Acharya PART VI CONTEXTUAL DIFFERENCES 16. Global law firms in real-world contexts: practical limitations and ethical implications Eve Darian-Smith 17. An historical, cultural and political perspective of corruption in the Balkans Marko Novaković PART VII IN-DEPTH FIELD RESEARCH 18. The anthropologist as expert witness: a personal account Richard Price 19. Intellectual property law in comparative perspective: the case of trademark “piracy” in Guatemala Kedron Thomas 20. The voice of the stranger: foreign LL.M. students’ experiences of culture, law and pedagogy in US law schools Mindie Lazarus-Black PART VIII RELATIONSHIP WITH THE LEGAL ANTHROPOLOGICAL TRADITION AND ITS THEORETICAL AND METHODOLOGICAL CONCERNS 21. Distance in law and globalization: armchair anthropology revisited Riaz Tejani Index
£213.00
Edward Elgar Publishing Ltd Comparative Law and Society
Book SynopsisComparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date. In Part I, Methods and Disciplines, contributors approach critical issues in comparative law and society from a variety of academic fields, including sociology, criminology, anthropology, economics, political science, and psychology. This multidisciplinary approach highlights the importance of addressing the variance of perspectives inherent to the field. In Part II, Core Issues, chapters offer an exploration of major legal institutions, processes, professionals, and cultures associated with particular legal subjects. Since authors utilize the perspective of at least two different legal systems, this book offers a truly thorough and wide-ranging focus. The general reader, as well as students and scholars, will find this handbook useful in their continuing explorations into the interaction between law and society. Practitioners such as lawyers and judges with an interest in global perspectives of law will also find much to admire in this innovative volume. Contributors: M. Adler, N. Brewer, D.S. Clark, R. Cotterrell, B.L. Cutler, T. Ginsburg, M. Goodale, C. Guarnieri, R. Horry, B. Luppi, S.C. McCaffrey, E. Mertz, D. Nelken, F. Pakes, M.A. Palmer, F. Parisi, J.T. Polk, J.C. Reitz, R.E. Salcido, S. Stendahl, J.C. Suk, G.A. Tarr, S.C. Thaman, K. van Aeken, H.J. WiardaTable of ContentsContents: Preface 1. History of Comparative Law and Society David S. Clark PART I: METHODS AND DISCIPLINES 2. Comparative Sociology of Law Roger Cotterrell 3. Comparative Criminology Francis Pakes 4. Comparative Anthropology of Law Elizabeth Mertz and Mark Goodale 5. Comparative Law and Economics: Accounting for Social Norms Francesco Parisi and Barbara Luppi 6. Comparative Law and Political Economy John C. Reitz 7. Comparative Legal Psychology: Eyewitness Identification Ruth Horry, Matthew A. Palmer, Neil Brewer and Brian L. Cutler PART II: CORE ISSUES 8. Separation of Legislative and Executive Governmental Powers Howard J. Wiarda and Jonathan T. Polk 9. Federalism and Subnational Legal Systems: The Canadian Example of Provincial Constitutionalism G. Alan Tarr 10. Judges, their Careers, and Independence Carlo Guarnieri 11. Civil Court Litigation and Alternative Dispute Resolution Koen van Aeken 12. Criminal Courts and Procedure Stephen C. Thaman 13. Administrative Law, Agencies and Redress Mechanisms in the United Kingdom and Sweden Michael Adler and Sara Stendahl 14. Constitutional Law and Courts Tom Ginsburg 15. Legal Cultures David Nelken 16. Legal Education David S. Clark 17. Legal Professions and Law Firms David S. Clark 18. Legal Protection of the Environment Stephen C. McCaffrey and Rachael E. Salcido 19. Preventive Health at Work Julie C. Suk Index
£46.95
Edward Elgar Publishing Ltd Empirical Legal Research: A Guidance Book for
Book SynopsisIn 1788 John Adams created a sublime ambition for all nations - 'a government of laws and not of men'. In the intervening years we have come to learn that legislation itself works through the interpretations of the many men and women who work on the inside and the outside of the law. Effective regulation thus depends not only on scrupulous legal analysis, with its appeal to precedent, conceptual clarity and argumentation, but also on sound empirical research, which often reveals diversity in implementation, enforcement and observance of the law in practice. In this outstanding, worldly-wise book Leeuw and Schmeets demonstrate how to bridge the gap between the letter and the delivery of the law. It is packed with examples, cases and illustrations that will have international appeal. I recommend it to students and practitioners engaged across all domains of legislation and regulation.'- Ray Pawson, University of Leeds, UKEmpirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies and other legal arrangements at play in society. It is invaluable as a guide to legal scholars, practitioners and students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics and empirically informed ethics.The authors present an overview of the roots of this blossoming interdisciplinary domain, going back to legal realism, the fields of law, economics and the social sciences, and also to civilology and evaluation studies. The book addresses not only data analysis and statistics, but also how to formulate adequate research problems, to use (and test) different types of theories (explanatory and intervention theories) and to apply new forms of literature research to the field of law such as the systematic, rapid and realist reviews and synthesis studies. The choice and architecture of research designs, the collection of data, including Big Data, and how to analyze and visualize data are also covered. The book discusses the tensions between the normative character of law and legal issues and the descriptive and causal character of empirical legal research, and suggests ways to help handle this seeming disconnect.This comprehensive guide is vital reading for law practitioners as well as for students and researchers dealing with regulation, legislation and other legal arrangements.Trade Review'In a world increasingly seeking laws that are evidence-based, this book provides a much needed and original approach to empirical legal studies. The book masterfully shows how empirical work is relevant to the law and offers highly accessible guidance on how to do empirical work in law. This book makes indispensable reading for academics, policymakers and practitioners alike.' --Jan M. Smits, Maastricht University, the Netherlands'This thoughtful book provides an excellent guide for lawyers and legislators to empirical research which assumes increasing importance in an evidence-based political and legal economy. Set in the context of a history of empirical research, the authors offer a comprehensive and accessible account of qualitative and quantitative methods, data collection and theory-building infused with practical examples. I strongly recommend this intelligent and informative book.' --Mike McConville, The Chinese University of Hong Kong'Introductory books on ELR are rare, so the arrival of Empirical Legal Research is a welcome addition to this small, yet growing, market. This ambitious project tackles the past, present, and future of ELR in an encompassing guide for doing empirical research. The authors clearly believe that knowledge of ELR will help legal practitioners and policymakers better understand all of the implications of the various forms of evidence presented to them on a daily basis. In turn, this will help them make better decisions for themselves, their colleagues, and society as a whole.' --Alexander J. Jakubow, Law Library JournalTable of ContentsContents: 1. Introducing Empirical Legal Research and Structure of the Book 2. Roots of Empirical Legal Research: A Concise History in 201/4 Pages 3. Research Problems 4. Theories and Empirical Legal Research 5. Research Reviews and Syntheses 6. Research Designs: Raisons D’etre, Examples and Criteria 7. Data Collection Methods 8. Analyzing and Visualizing Quantitative and Qualitative Data 9. Transferring Research Results to Legal Professionals, Utilization and the Fact-Value Dichotomy 10. Empirical Legal Research. Booming Business and Growth of Knowledge Index
£115.00
Edward Elgar Publishing Ltd Research Handbook on the Politics of
Book SynopsisWhat is the relationship between politics and international law? Rather than exploring this question through the lens of the dominant paradigms of international relations theory - realism, liberalism, and constructivism - this book proposes a different approach. Based on the premise that the relationship varies depending on the sites where it unfolds, and inspired by comparative politics and socio-legal studies, the book develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. Expert contributors apply this analytical framework to diverse fields of law and politics. Part I examines the problems of compliance, effectiveness and the domestic enforcement of international law, and legal institutions including domestic and international courts, national legislatures and regime complexes. Part II covers substantive fields of governance such as global financial regulation, environmental standards, trade, intellectual property and human rights. The final chapters in this Part tackle emerging yet critical issues in international law, including terrorism, cyber conflict and Internet regulation. Together, the chapters represent a significant step forward in the comparative analysis of politics and international law. This Research Handbook will be essential reading for students and academics in political science and law alike.Contributors include: W.C. Banks, R. Brewster, A. Chander, K.L. Cope, M. Elsig, B. Faude, T. Gehring, C. Hillebrecht, S. Katzenstein, M.R. Madsen, W. Mattli, J.J. Paust, M.J. Peterson, S. Puig, W. Sandholtz, J. Seddon, S.K. Sell, G. Shaffer, D. Sloss, M. Van Alstine, P.-H. Verdier, M. Versteeg, C.A. WhytockTrade Review'Sandholtz and Whytock have put together an outstanding collection of essays on the intersection of international law and politics. Focusing on stages and systems of governance, the editors illuminate sites in the international order where legal norms have a direct impact on politics. The volume also looks to the ways in which law and politics change and evolve at the global level as a result of continuing contestation. A must-read for students of global law and politics.' --Anthony F. Lang, Jr, University of St Andrews, UK'This next-generation volume both consolidates a range of recent insights and sets an agenda for the study of the politics of international law. Moving beyond simple binaries of domestic/international, law/politics, and binding/non-binding, the editors and authors collectively elucidate a wide range of phenomenon with a fresh perspective. The result is an essential starting point for international legal studies going forward.' --Tom Ginsburg, University of Chicago, US'As the world becomes increasingly legalized, this Research Handbook on the Politics of International Law offers innovative guidance about how to understand law's politics and effects. Sandholtz and Whytock construct a rigorous yet supple theoretical foundation for an excellent array of both conceptual essays and case studies on topics ranging from finance and trade to cyberconflict and human rights. The Research Handbook is an important theoretical contribution for anyone interested in the intersection of law and politics, which these days includes most of us.' --Martha Finnemore, George Washington University, USTable of ContentsContents: 1. The Politics of International Law Wayne Sandholtz and Christopher A. Whytock PART I LAW, POLITICS AND INSTITUTIONS 2. Compliance: Actors, Context and Causal Processes Courtney Hillebrecht 3. The Effectiveness of International Law and Stages of Governance Rachel Brewster 4. International Law in Domestic Courts David L. Sloss and Michael P. Van Alstine 5. Treaty Law and National Legislative Politics Kevin L. Cope 6. Modes of Domestic Incorporation of International Law Pierre-Hugues Verdier and Mila Versteeg 7. Regime Complexes as Governance Systems Benjamin Faude and Thomas Gehring PART II SITES OF GOVERNANCE 8. The Power of the Implementers: Global Financial and Environmental Standards Walter Mattli and Jack Seddon 9. The European Court of Human Rights and the Politics of International Law Mikael Rask Madsen 10. The Law and Politics of WTO Dispute Settlement Gregory Shaffer, Manfred Elsig and Sergio Puig 11. The Politics of International Intellectual Property Law Susan K. Sell 12. Non-State Actors and Human Rights: Legalization and Transnational Regulation Suzanne Katzenstein 13. The "War" on Terror and International Law Jordan J. Paust 14. An Emerging International Legal Architecture for Cyber Conflict William C. Banks 15. Who Runs the Internet? Anupam Chander 16. Politics and Law in International Environmental Governance M.J. Peterson Index
£208.00
Edward Elgar Publishing Ltd Research Handbook on the Sociology of
Book SynopsisThis innovative Research Handbook explores recent developments at the intersection of international law, sociology and social theory. In doing so, it highlights anew the potential contribution of sociological methods and theories to the study of international law, and illustrates their use in the examination of contemporary problems of practical interest to international lawyers.The diverse body of expert contributors discuss a wide range of methodologies and approaches - including those inspired by the giants of twentieth century social thought, as well as emergent strands such as computational linguistics, performance theory and economic sociology. With chapters exploring topical areas including the globalization of law, economic globalization, property rights, global governance, international legal counsel, social networks, and anthropology, the Research Handbook presents a number of paths for future research in international legal scholarship.Full of original insight, this interdisciplinary Research Handbook will be essential reading for academics and scholars in international law and sociology, as well as postgraduate students. Lawyers practicing in international law will also find this a stimulating read.Contributors include: W. Alschner, F.M. Bohnenberger, R. Buchanan, K. Byers, S. Cho, D. Desai, S. Dothan, J.L. Dunoff, S. Frerichs, B.G. Garth, M. Hirsch, R. James, C. Joerges, N. Lamp, A. Lang, M.R. Madsen, K. Mansveld, G. Messenger, M.A. Pollack, S. Puig, G.A. Sarfaty, D. Schneiderman, W.G. WernerTrade Review'Sociological approaches to international law have gained significant momentum in the course of the last decade. The contributions to this Research Handbook reflect the diversity of sociological theories and illustrate how they can enrich international legal scholarship. The Research Handbook is an excellent guide to the sociology of international law 'from Huber to post-structuralism.' --Christian J. Tams, University of Glasgow, UKChristian J. Tams, University of Glasgow, UK'This Research Handbook offers a timely sociological reading of the functioning of the international legal order, using diverse sociological approaches, spreading from the thought of Max Huber to post-structuralism. It offers a range of the best analyses on the topic and sets a new agenda for the field. Indeed a fascinating book.' --Hélène Ruiz Fabri, Max Planck Institute Luxembourg for Procedural Law, LuxembourgTable of ContentsContents: 1. Introduction to the Research Handbook on the Sociology of International Law Moshe Hirsch and Andrew Lang 2. Issues of Empire, Contestation, and Hierarchy in the Globalization of Law Bryant G. Garth 3. A conflicts-law response to the precarious legitimacy of transnational trade governance Fabian Bohnenberger and Christian Joerges 4. Correlated ownership: Polanyi, Commons, and the property continuum Sabine Frerichs and Rick James 5. Regulating Speed: Social Acceleration and International Law Wouter G. Werner 6. ‘What gets measured gets done’: exploring the social construction of globalized knowledge for development Ruth Buchanan, Kimberley Byers and Kristina Mansveld 7. International lawyers and the study of expertise: representationalism and performativity Andrew Lang 8. Ignorance/power: rule of law reform and the administrative law of global governance Deval Desai 9. Reflexive Sociology of International Law: Pierre Bourdieu and the Globalization of Law Mikael Rask Madsen 10. The practice of litigation at the ICJ: the role of counsel in the development of international law Gregory Messenger 11. International investment law as formally rational law: a Weberian analysis David Schneiderman 12. Practice theory and international law Jeffrey L. Dunoff and Mark A. Pollack 13. The ‘practice turn’ in international law: insights from the theory of structuration Nicolas Lamp 14. An Anthropological Approach to International Economic Law Galit A. Sarfaty 15. Network analysis and the sociology of international law Sergio Puig 16. Social networks and the enforcement of international law Shai Dothan 17. Locked in language: historical sociology and the path dependency of investment treaty design Wolfgang Alschner 18. Social constructivism and the social construction of world economic reality Sungjoon Cho 19. Core Sociological Theories and International Law Moshe Hirsch Index
£195.00
Edward Elgar Publishing Ltd Coroners' Recommendations and the Promise of
Book SynopsisThis timely book is an investigation of the highly debated questions: do coroners' recommendations save lives and how often are they implemented? It is the first socio-legal investigation of coroners' recommendations from several countries. Based on an extensive study, it analyses Coroner's Court findings and litigation from Canada, England, Ireland, Australia and Scotland as well as over 2000 New Zealand coroners' recommendations and includes more than 100 interviews and over 40 surveys. The book probes coroners', organisations' and families' experiences of the Coroner's Court in detail and includes substantial quotations from, and discussion of, their experiences. The data analyzed demonstrates that while coronial recommendations can be useful tools for intervention and policy development, coroners' contribution to morbidity and mortality prevention at the population level requires further development. In addition to coroners, lawyers, health practitioners, families, organisations and policy makers, researchers from Law, Medicine and the Social Sciences will find this pioneering volume an important and illuminating resource.Contents: 1. Learning From Death 2. Coronial Jurisdictions 3. Coroners' Recommendations 4. Do Coroners' Recommendations ''Disappear Into A Black Hole?'' 5. The Promise Of Saved Lives: Coroners' Preventive Function 6. Mandatory Responses To Coroners' Recommendations 7. Dying For Change IndexTrade ReviewIn this well-constructed empirical study Moore provides insight on the contemporary role of coronial recommendations. This goes to the heart of the efficacy of the coroner's preventive function. She explores the gap between rhetoric and reality about the role of the coroner as the ombudsman for the dead. Moore's important work fills a serious knowledge gap about coroners' ancient role in advancing riders/recommendations and provides a basis for informed discussion about international coronial law reform and enhanced inquest practice. --Ian Freckelton QC, University of Melbourne and Monash University, AustraliaThis is a fascinating book for anyone interested in the work of coroners. They are often ignored by academics and politicians, but this book shows how coroners can have a crucial role in promoting public health and saving lives. This book could revolutionise the way the work of coroners is understood. --Jonathan Herring, University of Oxford, UKDr Moore's comprehensive book closes a gap in our knowledge about how coroners' recommendations are generated, presented, received and implemented. The research speaks valuable volumes about the relationship between coroners and the societies they serve. By situating the data within a global and historical context, this book covers everything that is essential to understanding coroners' systems. --Dr John D Rutherford, Director of Forensic Pathology, Northern Territory, AustraliaTable of ContentsContents: 1. Learning From Death 2. Coronial Jurisdictions 3. Coroners’ Recommendations 4. Do Coroners’ Recommendations “Disappear Into A Black Hole?” 5. The Promise Of Saved Lives: Coroners’ Preventive Function 6. Mandatory Responses To Coroners’ Recommendations 7. Dying For Change Index
£111.00
Edward Elgar Publishing Ltd Research Handbook on Interdisciplinary Approaches
Book SynopsisLaw and religion, as a subdiscipline of law, has gained increasing attention in recent years. However, the complex relationship between law and religion cannot be fully understood with reference to legal research alone. This Research Handbook includes provocative chapters from experts on a range of concepts, perspectives and theories, drawing on a variety of disciplines, which can be used to further law and religion scholarship. Featuring chapters written by authors from a diverse range of backgrounds, the Handbook focuses on five main perspectives on law and religion: historical, philosophical, sociological, theological and comparative. Each chapter provides a new way of looking at law and religion which can complement and enhance a doctrinal legal understanding of the topic. Crucially, this Handbook also highlights the importance of recognising doctrinal legal study as an approach in itself, which will shape research questions and outputs accordingly. Providing an engaging and thoughtful introduction to the range of interdisciplinary approaches that can be taken to law and religion, this Handbook will be of interest to scholars in law and religion, theologians, sociologists, legal historians and political scientists. It will provide a rich foundation for future interdisciplinary research in this important area of study. Contributors include: L.G. Beaman, L. Bell, P. Billingham, C.G. Brown, J. Burnside, J. Chaplin, B. Clark, D. Dabby, N. Doe, D. Ezzy, M.A. Failinger, P. Fitzpatrick, D.J. Hill, B.C. Kane, J. Machielson, M. McIvor, T. Modood, P. Monti, A. Nazir, J. Neoh, L. Öztig, D. Perfect, S. Perfect, C. Roberts, R. Sandberg, S. Thompson, M. Travers, C. Ungureanu, D. Whistler, J. YorkeTrade Review'In the United Kingdom the study of law and religion is now an established sub-discipline with academic legal studies, itself an ever-expanding and ever-more adventurous part of the university. In this book Professor Sandberg and his colleagues from Cardiff University, an acknowledged centre for the study of law and religion, have brought together scholarship from a range of authors, mainly based in or from the United Kingdom, which attests to the vitality and breadth of work being done in the area.' --Anthony Bradney, Keele University, UKTable of ContentsContents: Preface Introduction 1. Snakepits & Sandpits Russell Sandberg Part I: Historical Approaches 2. Ecclesiastical Court Records for Social and Cultural History Bronach C Kane 3. Trial by Ordeal: An Interdisciplinary Approach Yields Fresh Insights Lindsey Bell 4. ‘Moved and Seduced by the Instigation of the Devil’: Witchcraft and the Law, 1450-1700 Jan Machielson 5. Secularisation and Law in Modern Societies Callum G Brown Part II: Philosophical Approaches 6. Philosophy, Law, and Religion Daniel Whistler and Daniel J Hill 7. Law, Religion, and Public Reason Paul Billingham and Jonathan Chaplin 8. Multicultural Political Theory Simon Thompson and Tariq Modood 9. Charles Taylor on Recognition, Inclusive Secularism, and Religion Camil Ungureanu and Paolo Monti 10. ‘Gods Would be Needed…’: Derrida on Law and Religion Peter Fitzpatrick Part III: Sociological Approaches 11. Interpretive Issues in Researching Law and Religion Max Travers and Doug Ezzy 12. The Lure of Luhmann: A Systems Theory of Law and Religion Russell Sandberg 13. Social Anthropology Méadhbh McIvor 14.Religion or Belief, Equality and Human Rights Law and the Media David Perfect and Simon Perfect Part IV: Theological Approaches 15. Biblical Law Jonathan Burnside 16. Political Theology and Legal Theory Joshua Neoh 17. Feminism Meets Law and Religion: Commonalities and Critiques Marie A Failinger Part V: Comparative Approaches 18. A Comparative Method for the Study of Law and Religion: Is this a Defensible Methodology? Brigitte Clark 19. Monotheism and the Death Penalty: Towards a Homogenous Exegesis for Abolition Jon Yorke and Amna Nazir 20. The Turkish Constitutional Court Rulings on the Headscarf: The Construction of Villains and Victims Laçin İdil Öztığ 21. Diversity in Death: A Case Study of a Muslim Cemetery Project in Quebec Dia Dabby and Lori G Beaman Index
£209.00
Edward Elgar Publishing Ltd Labour Law, Vulnerability and the Regulation of
Book SynopsisWhile vulnerability is a concept often mentioned in labour law and employment policy discourse, its precise meaning can remain elusive. This book provides rigorous theoretical analysis and contains fresh insights to aid our understanding of vulnerability. It is a stimulating contribution to the debate on how legal regulation responds to the changing characteristics of today's labour market.'- Mark Bell, The University of Dublin, IrelandThe shifting nature of employment practice towards the use of more precarious work forms has caused a crisis in classical labour law and engendered a new wave of regulation. This timely book deftly uses this crisis as an opportunity to explore the notion of precariousness or vulnerability in employment relationships.Arguing that the idea of vulnerability has been under-theorised in the labour law literature, Lisa Rodgers illustrates how this extends to the design of regulation for precarious work. The book's logical structure situates vulnerability in its developmental context before moving on to examine the goals of the regulation of labour law for vulnerability, its current status in the law and case studies of vulnerability such as temporary agency work and domestic work. These threads are astutely drawn together to show the need for a shift in focus towards workers as 'vulnerable subjects' in all their complexity in order to better inform labour law policy and practice more generally.Constructively critical, Labour Law, Vulnerability and the Regulation of Precarious Work will prove invaluable to students and scholars of labour and employment law at local, EU and international levels. With its challenge to orthodox thinking and proposals for the improvement of the regulation of labour law, labour law institutions will also find this book of great interest and value.Trade ReviewThe concept of vulnerability is crucial for understanding the characteristics of employment relationships and the purpose of labour law, but has not been deeply examined by labour lawyers so far. In this original and valuable contribution, Lisa Rodgers develops a theoretical account of vulnerability that advances our understanding of the field, exposing some shortcomings of existing theories and laws along the way. The book offers important insights that should inform future discussions of labour law and policy. --Guy Davidov, Hebrew University of Jerusalem, IsraelTable of ContentsContents: 1. Introduction 2. Vulnerability in Context 3. The Goals of the Regulation of Labour Law for Vulnerability 4. Vulnerability and Precarious Work in the Law 5. Temporary Agency Work 6. Domestic Work 7. Conclusions Index
£102.00
Edward Elgar Publishing Ltd Eutopia: New Philosophy and New Law for a
Book SynopsisThe human world is in a mess. The human mind is in a mess. And now the human species is threatening its own survival by its own inventions and by war. For thousands of years, human beings conducted a great debate about the human condition and human possibilities, about philosophy and society and law. In 1516, Thomas More, in his book Utopia, contributed to the ancient debate, at another time of profound transformation in the human world. In our own time, we have witnessed a collapse in intellectual life, and a collapse in the theory and practice of education. The old debate is, for all practical purposes, dead.In 2016, Philip Allott's Eutopia resumes the debate about the role of philosophy and society and law in making a better human future, responding to a human world that More could not have imagined. And he lets us hear the voices of some of those who contributed to the great debate in the past, voices that still resonate today.Trade Review'Allott's Eutopia is audaciously ambitious and unconventional in style and content. It seeks no less than to do for the 21st century what Thomas More's Utopia and Francis Bacon's Great Instauration did in the English Renaissance: To help bring about a transformation of human self-understanding, overcome fatalism and inertia ultimately grounded in mistaken ideas of the the human condition and the limits of human power, and become aware of the permanent possibility of making the human world into a ''place of happiness''.' --Mattias Kumm, New York University, School of Law'No international thinker today offers more profound insights, or offers more challenging questions, on the possibilities for law and philosophy to touch our lives and our world than does Philip Allott. A quarter of a century after publishing Eunomia, Allott unleashes an entirely original, magnificent, challenging and overwhelming book, one that asks us to confront fatalism and to imagine the possibility that thought and ideas have the power to enhance the future of the human.' --Philippe Sands QC, Professor of Laws, University College London, UK'What would happen if you decided to rethink the human condition from the ground up? If you spent a lifetime at it, taking along the works of the greatest minds who tried this before? You might conclude, with Philip Allott, that ''the human species will need a revolution -- a revolution in the mind -- to become what it could be.'' And that ''we have the power to transform the human world.'' Eutopia is the work of a singular mind, a heroically independent thinker who brings the full power of his synthetic intelligence and style to bear in this philosophical tour de force. Allott will entertain you, challenge you, educate you -- and you may end up changing the world!' --David Kennedy, Manley O. Hudson Professor of Law, Harvard Law SchoolTable of ContentsContents: Part I THE HUMAN CONDITION 1. Changing Reality by Changing Ideas. 2. The Human Condition Now. 3. Paradoxes of Being Human I 4. Paradoxes of Being Human II PART II HUMAN POWER 5. The Power of Memory 6. The Power of Imagination 7. The Power of Knowledge 8. The Power of Emotion PART III HUMAN WILL 9. New Philosophy: Human Flourishing through Self-understanding 10. New Law: Human Flourishing Through Self-ordering 11. New Society: Living the Good Life Together 12. From Istopia to Eutopia Index
£116.00
Edward Elgar Publishing Ltd Eutopia: New Philosophy and New Law for a
Book SynopsisThe human world is in a mess. The human mind is in a mess. And now the human species is threatening its own survival by its own inventions and by war. For thousands of years, human beings conducted a great debate about the human condition and human possibilities, about philosophy and society and law. In 1516, Thomas More, in his book Utopia, contributed to the ancient debate, at another time of profound transformation in the human world. In our own time, we have witnessed a collapse in intellectual life, and a collapse in the theory and practice of education. The old debate is, for all practical purposes, dead.In 2016, Philip Allott's Eutopia resumes the debate about the role of philosophy and society and law in making a better human future, responding to a human world that More could not have imagined. And he lets us hear the voices of some of those who contributed to the great debate in the past, voices that still resonate today.Trade Review'Allott's Eutopia is audaciously ambitious and unconventional in style and content. It seeks no less than to do for the 21st century what Thomas More's Utopia and Francis Bacon's Great Instauration did in the English Renaissance: To help bring about a transformation of human self-understanding, overcome fatalism and inertia ultimately grounded in mistaken ideas of the the human condition and the limits of human power, and become aware of the permanent possibility of making the human world into a ''place of happiness''.' --Mattias Kumm, New York University, School of Law'No international thinker today offers more profound insights, or offers more challenging questions, on the possibilities for law and philosophy to touch our lives and our world than does Philip Allott. A quarter of a century after publishing Eunomia, Allott unleashes an entirely original, magnificent, challenging and overwhelming book, one that asks us to confront fatalism and to imagine the possibility that thought and ideas have the power to enhance the future of the human.' --Philippe Sands QC, Professor of Laws, University College London, UK'What would happen if you decided to rethink the human condition from the ground up? If you spent a lifetime at it, taking along the works of the greatest minds who tried this before? You might conclude, with Philip Allott, that ''the human species will need a revolution -- a revolution in the mind -- to become what it could be.'' And that ''we have the power to transform the human world.'' Eutopia is the work of a singular mind, a heroically independent thinker who brings the full power of his synthetic intelligence and style to bear in this philosophical tour de force. Allott will entertain you, challenge you, educate you -- and you may end up changing the world!' --David Kennedy, Manley O. Hudson Professor of Law, Harvard Law SchoolTable of ContentsContents: Part I THE HUMAN CONDITION 1. Changing Reality by Changing Ideas. 2. The Human Condition Now. 3. Paradoxes of Being Human I 4. Paradoxes of Being Human II PART II HUMAN POWER 5. The Power of Memory 6. The Power of Imagination 7. The Power of Knowledge 8. The Power of Emotion PART III HUMAN WILL 9. New Philosophy: Human Flourishing through Self-understanding 10. New Law: Human Flourishing Through Self-ordering 11. New Society: Living the Good Life Together 12. From Istopia to Eutopia Index
£23.95
Edward Elgar Publishing Ltd Constitutionalism and Religion
Book SynopsisA timely and immensely scholarly work to explain how present doctrines of secularism could be infused, enriched by the notion of objective constitutionalism. The author's wide-ranging comparative research and his understanding of religious systems, as well as constitutions, judicial precedent and international law instruments, are most impressive. This is a work that deserves serious worldwide study and attention by academics, students, religious leaders and governments.'- Marinus Wiechers, Former Principal, University of South Africa'Constitutional arrangements relating to the relationship between religion and the law have over the years reflected a rich variety, ranging from the separation of religion and the law to the identity of religion and the law. Constitutionalism and Religion records the rich varieties of constitutional arrangements of religion in many countries of the world and in respect of a great variety of pragmatic features of our day-to-day lives, such as education, labour relations and the display of religious symbols.'- Johan D. van der Vyver, Emory University School of Law, US'Francois Venter's study of Constitutionalism and Religion is a major contribution to the understanding of church-state relations in the modern age. This global comparative exploration of how governments need to engage with twenty-first century religious pluralism is refracted through the prism of the author's informed critique of the challenges faced in post-apartheid South Africa. This book is a handy road map when travelling through potentially hostile territory.'- Mark Hill QC, University of Pretoria, South AfricaThis topical book examines how the goals of constitutionalism - good and fair government - are addressed at a time when the multi-religious composition of countries' populations has never before been so pronounced. How should governments, courts and officials deal with this diversity? The widely accepted principle of treating others as you wish them to treat you and the universal recognition of human dignity speak against preferential treatment of any religion. Faced with severe challenges, this leads many authorities to seek refuge in secular neutrality. Set against the backdrop of globalized constitutionalism in a post-secular era, Francois Venter proposes engaged objectivity as an alternative to unachievable neutrality.Bringing together the history of church and state, the emergence of contemporary constitutionalism, constitutional comparison and the realities of globalization, this book offers a fresh perspective on the direction in which solutions to difficulties brought about by religious pluralism might be sought. Its wide-ranging comparative analyses and perspectives based on materials published in various languages provide a clear exposition of the range of religious issues with which the contemporary state is increasingly being confronted.Providing a compact but thorough historical and theoretical exposition, this book is an invaluable resource for students, constitutional scholars, judges and legal practitioners.Trade Review‘A timely and immensely scholarly work to explain how present doctrines of secularism could be infused, enriched by the notion of objective constitutionalism. The author’s wide-ranging comparative research and his understanding of religious systems, as well as constitutions, judicial precedent and international law instruments, are most impressive. This is a work that deserves serious worldwide study and attention by academics, students, religious leaders and governments.’ -- Marinus Wiechers, Former Principal, University of South Africa‘Constitutional arrangements relating to the relationship between religion and the law have over the years reflected a rich variety, ranging from the separation of religion and the law to the identity of religion and the law. Constitutionalism and Religion records the rich varieties of constitutional arrangements of religion in many countries of the world and in respect of a great variety of pragmatic features of our day-to-day lives, such as education, labour relations and the display of religious symbols.’ -- Johan D. van der Vyver, Emory University School of Law, US‘Francois Venter’s study of Constitutionalism and Religion is a major contribution to the understanding of church-state relations in the modern age. This global comparative exploration of how governments need to engage with twenty-first century religious pluralism is refracted through the prism of the author’s informed critique of the challenges faced in post-apartheid South Africa. This book is a handy road map when travelling through potentially hostile territory.’ -- Mark Hill QC, University of Pretoria, South AfricaTable of ContentsContents: PART I RELIGION, THE STATE AND CONSTITUTIONALISM 1. The Roots of a Relationship: Religion, The State and its Power 2. Globalization, Constitutional Law and Religion 3. Constitutionalism PART II RELIGION IN LAW 4. Religion in Constitutions 5. Religion in International Law 6. Travails of the Judges in Religious Cases PART III OBLIGATIONS OF THE CONSTITUTIONAL STATE IN RELIGIOUS MATTERS 7. The Weaknesses of Contemporary Statehood in the Face of Religious Pluralism 8. The Demands of Constitutionalism Regarding Religion 9. A Post-secular Approach to Religious Pluralism Index
£100.00
Edward Elgar Publishing Ltd European Family Law Volume II: The Changing
Book SynopsisThe Changing Concept of 'Family' and Challenges for Domestic Family Law explores the changing concept of 'family', with the current social, political, medical and scientific challenges for domestic family law discussed in over 20 European jurisdictions. National reports describe the current law and legal development for 'horizontal' (the law of relationships between adults such as marriage, divorce, cohabitation, same-sex relationships), 'vertical' (the law governing the relationships between adults and children, such as parentage including artificial reproductive techniques and surrogacy, parental responsibility and adoption) and individual (the law of names and recognition of gender identity) family law. They show that, while considerable legal and societal diversity still exists within Europe, family law, in many areas, is developing along similar lines, with a convergence towards a European family law.This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.Contributors: G. Douglas, L. Francoz Terminal, T. Keller, O. Khazova, G. Kubi ková, A. Lamarca Marquès, D. Martiny, K. McK Norrie, B. Novak, E. Örücü, J.M. Scherpe, I. Schwenzer, B. Sloan, T. Sverdrup, F. Swennen, O. Szeibert, M. Giovanna E. ZervogianniTrade Review‘The four volumes that make up this monumental project represent the insight and experience of many fine family law scholars. The volumes examine themes, individual countries, and distinct pan-European institutions and developments. Jens Scherpe’s tour de force is to pull all this together in the final remarkable volume. For a non-European like me, it is fascinating to read about harmonisation and diversity, privacy and rights, pluralism and protection. This is a truly wonderful achievement.’ -- Bill Atkin, Victoria University of Wellington, New Zealand‘This collection is remarkable for its organisation and presentation of a mass of complex material (including recommendations for further reading) which will not only inform, but stimulate those interested in the development of family law in a multi-national context. It must form an essential part of any library covering modern family law. In providing this, the editor and the team of contributors have done a great service. The frameworks (the EU, the Council of Europe) are complicated and in some respects unique and generate their own problems, and attempts to solve them. Questions about their nature and future, including the place of European family law in the global community, lurk in the shadows.’ -- The International Journal of Law, Policy and the FamilyTable of ContentsContents: European Family Law – Introduction to the Book Set Jens M. Scherpe Introduction to European Family Law Volume II: The Changing Concept of ‘Family’ and Challenges for Domestic Family Law Jens M. Scherpe 1. The Changing Concept of ‘Family’ and Challenges for Family Law in the Benelux Countries Frederik Swennen 2. The Changing Concept of ‘Family’ and Challenges for Family Law in England and Wales Gillian Douglas 3. The Changing Concept of ‘Family’ and Challenges for Family Law in France Laurence Francoz Terminal 4. The Changing Concept of ‘Family’ and Challenges for Family Law in Germany Dieter Martiny 5. The Changing Concept of ‘Family’ and Challenges for Family Law in Greece Eleni Zervogianni 6. The Changing Concept of ‘Family’ and Challenges for Family Law in Hungary Orsolya Szeibert 7. The Changing Concept of ‘Family’ and Challenges for Family Law in Ireland Brian Sloan 8. The Changing Concept of ‘Family’ and Challenges for Family Law in Italy Maria Giovanna Cubeddu Wiedemann 9. The Changing Concept of ‘Family’ and Challenges for Family Law in the Nordic Countries Tone Sverdrup 10. The Changing Concept of ‘Family’ and Challenges for Family Law in Russia Olga Khazova 11. The Changing Concept of ‘Family’ and Challenges for Family Law in Scotland Kenneth McK. Norrie 12. The Changing Concept of ‘Family’ and Challenges for Family Law in the Slovak Republic Gabriela Kubícková 13. The Changing Concept of ‘Family’ and Challenges for Family Law in Slovenia Barbara Novak 14. The Changing Concept of ‘Family’ and Challenges for Family Law in Spain and Catalonia Albert Lamarca Marquès 15. The Changing Concept of ‘Family’ and Challenges for Family Law in Switzerland Ingeborg Schwenzer and Tomie Keller 16. The Changing Concept of ‘Family’ and Challenges for Family Law in Turkey Esin Orücü Index
£132.00
Edward Elgar Publishing Ltd Outsourcing the Law: A Philosophical Perspective
Book SynopsisNot only can services such as cleaning and catering be outsourced, but also governmental tasks such as making, applying and enforcing the law. Outsourcing the law is usually recommended for its cost-efficiency, flexibility, higher rates of compliance and its promise of deregulation. However, lawmaking is not the same as cleaning and rules are more than just tools to achieve aims.Outsourcing the law brings about profound changes in the way power is distributed. In this timely book, Pauline Westerman analyzes this outsourcing from a philosophical perspective. Outsourcing the Law analyzes the particular types of rules to which outsourcing gives rise (performance-indicators), as well as the techniques that are used (benchmarking, auditing) and identifies the key-implications of these shifts for democracy, the Rule of Law, judicial decision-making and even for how legal research is carried out.The analyses in this book will be a valuable read for legal academics and professionals, students of law, and all those with a keen interest in the relationship between law and regulation.Trade Review'Westerman's Outsourcing the Law: A Philosophical Perspective on Regulation is a must read book for all those who are interested in the world of regulation! Clearly written, it tackles fundamental regulatory issues combining a highly pedagogical approach with a deep insight and understanding of extremely complicated and basic questions.' --Mauro Zamboni, Stockholm University, SwedenTable of ContentsContents: Preface 1. Introduction 2. The Structure Of The Rules 3. Between Compliance And Performance 4. Commissioned Self-Regulation 5. Outsourcing Democracy 6. The Limited Role Of The Judiciary 7. Legal Research And The Empirical Turn 8. A Rule of Outsourced Law 9. A Contagious Style Index
£89.00
Edward Elgar Publishing Ltd Reflexive Labour Law in the World Society
Book SynopsisReflexive Labour Law in the World Society investigates trends in labour and employment law from the perspective of modern social systems theory.It uses Niklas Luhmann's theory of the world society and Gunther Teubner's reflexive law concept for an analysis of modern employment law and industrial relations. Areas investigated include: reflexive employment protection; the reflexive regulation and deregulation of labor market policies and labour law; reflexivity in labor and employment conflict resolution; reflexive coordination and implementation of EU social and employment law; and reflexive global labor law.Contents: Preface Part I: Theory 1. The World Society Context: The Globalisation of Labour Law 2. Reflexive Labour Law: A General Introduction 3. Industrial Relations as a Social System Part II: Reflexive Trends in Modern Labour Law 4. Reflexive Employment Protection 5. Reflexive Regulation of Labour Market Policies 6. Reflexive Deregulation of Labour Market Policies and Labour Law 7. Reflexive Regulation of Labour and Employment Conflict Resolution Part III: Reflexive European and International Labour Law 8. Reflexive Coordination of European Social and Employment Policies 9. Reflexive Implementation of EU Employment Law - A Case Study of the Working Time Directive 10. Reflexive Global Labour Law Bibliography IndexTrade ReviewThis book addresses the major issue of the nature and future of labour law and employment regulation. It transcends current traditional scientific and policy debates in two related ways. First by exploring the potential of labour law as reflexive (re)regulation and second by putting labour law in the global context - i.e. the World Society. The book convincingly indicates how labour law can indeed successfully operate among the different societal systems and between global, national and local levels. --Ton Wilthagen, Tilburg University, The NetherlandsRogowski's challenging book offers readers a rigorous but accessible introduction to the theory of reflexive law, important and original insights into current issues in industrial relations and labour law and a fascinating preview of how a broad-based system of transnational law might one day emerge. Building on foundations laid down by Luhmann and Teubner, and on his own twenty-plus years of pioneering work, Rogowski firmly establishes reflexive labour law as a plausible and useful approach to the discipline. --Harry Arthurs, Osgoode Hall Law School, CanadaTable of ContentsContents: Preface Part I: Theory 1. The World Society Context: The Globalisation of Labour Law 2. Reflexive Labour Law: A General Introduction 3. Industrial Relations as a Social System Part II: Reflexive Trends in Modern Labour Law 4. Reflexive Employment Protection 5. Reflexive Regulation of Labour Market Policies 6. Reflexive Deregulation of Labour Market Policies and Labour Law 7. Reflexive Regulation of Labour and Employment Conflict Resolution Part III: Reflexive European and International Labour Law 8. Reflexive Coordination of European Social and Employment Policies 9. Reflexive Implementation of EU Employment Law – A Case Study of the Working Time Directive 10. Reflexive Global Labour Law Bibliography Index
£35.10
Edward Elgar Publishing Ltd Elder Law: Evolving European Perspectives
Book SynopsisPopulation ageing poses a huge challenge to law and society, carrying important structural and institutional implications. This book portrays elder law as an emerging research discipline in the European setting in terms of both conceptual and theoretical perspectives as well as elements of the law. Providing a deepened understanding of population ageing in terms of vulnerability, intergenerational conflict and solidarity, expert contributors highlight the necessity for a contextualized ageing concept. As well as offering a comparative analysis of active ageing policies across the EU, this book examines a range of topics including age discrimination in employment and the freedom of movement of EU citizens from the ageing individual's point of view. It also goes on to describe elder care developments, discussing the ageing individual's autonomy in relation to both traditional inheritance rights and growing instances of dementia. Timely and engaging, this book will appeal to academic scholars and students in relevant areas of law as well as those studying across the social sciences. Exploring a broad range of socio-legal issues in relation to demographic ageing, it will also inform legal practitioners and policymakers alike.Contributors include: M. Axmin, A. Blackham, C. Brokelind, J. Fudge, E. Holm, A. Inghammar, M. Katzin, M. Kullmann, T. Mattsson, P. Norberg, A. Numhauser-Henning, H. Pettersson, M. Rönnmar, E. Ryrstedt, K. Scott, E. Trolle Önnerfors, C. Ulander-Wänman, J.J. Votinius, A. ZbyszewskaTrade Review'At a time when Western countries are increasingly preoccupied with the challenges posed by an ageing population, few legal scholars have turned their attention to the multiplicity of issues raised by ageing. The Norma Elder Law Research Environment is the honorable exception. Bringing together writers from a variety of legal disciplines and backgrounds,this timely collection examines the key issues associated with an ageing population in an innovative and thought-provoking manner.' --(Catherine Barnard, Professor of EU law and Employment Law, University of Cambridge, UK)Table of ContentsContents: Preface PART I INTRODUCTION 1. Introduction Ann Numhauser-Henning 2. Demographic Developments and Economic Challenges in an Ageing Europe Kirk Scott PART II CONCEPTUAL AND THEORETICAL PERSPECTIVES 3. Dignity, Disadvantage, and Age: Putting Constitutional and Fundamental Rights to Work for Older Workers Judy Fudge 4. The Elder Law Individual Versus Societal Dichotomy – A European Perspective Ann Numhauser-Henning 5. Vulnerability and Ageing Titti Mattsson and Mirjam Katzin 6. Intergenerational Aspects of Elder Law: Conflict, Solidarity – or Ambivalence Jenny Julén Votinius and Mia Rönnmar PART III ELEMENTS OF ELDER LAW 7. Equal Treatment and Age-Discrimination – Inside and Outside Working Life Ann Numhauser-Henning, Jenny Julén Votinius and Ania Zbyszewska 8. The Rationales of Government Action on Ageing and the Extension of Working Lives Alysia Blackham, Miriam Kullmann, Hanna Pettersson and Ania Zbyszewska 9. Employment Protection and Older Workers Mia Rönnmar, Miriam Kullmann, Ann Numhauser-Henning and Carin Ulander-Wänman 10. Prolonged Working Life and Flexible Retirement in Public and Occupational Pension Schemes Andreas Inghammar, Cécile Brokelind and Per Norberg 11. Migrant Pensioners – Taxation and Healthcare Issues in the EU Cécile Brokelind and Martina Axmin, 12. Legal Approaches to Private and Public Responsibilities for Elder Care Hanna Pettersson and Mirjam Katzin 13. Perspectives on Solidarity in Social Security, Healthcare, and Medical Research Titti Mattsson, Martina Axmin and Emma Holm 14. New Legal Conflicts in an Old Legal Context: The Law of Inheritance and its Challenges in the Twenty-first Century in the Perspective of the Ageing Individual Elsa Trolle Önnerfors 15. Dementia and Autonomy Eva Ryrstedt Index
£133.00
Edward Elgar Publishing Ltd Regulating Judges: Beyond Independence and
Book SynopsisRegulating Judges presents a novel approach to judicial studies. It goes beyond the traditional clash of judicial independence versus judicial accountability. Drawing on regulatory theory, Devlin and Dodek argue that judicial regulation is multi-faceted and requires us to consider the complex interplay of values, institutional norms, procedures, resources and outcomes. Inspired by this conceptual framework, the book invites scholars from 19 jurisdictions to describe and critique the regulatory regimes for a variety of countries from around the world. This innovative and provocative analysis of the many different ways that judiciaries around the world are regulated covers common law, civil law and other legal systems, and the developed and developing world. Contributors include a diverse talent pool of established scholars and new voices for a globally inclusive comparative examination of judiciaries in Europe, Asia, Africa, the Americas and Australia. The overall conclusion is that the regulation of judges is very much a work in progress, and that a variety of actors bear responsibility for moving the project forward.Scholars in the fields of law, social sciences, regulation theory, and public administration will find Regulating Judges an impactful read, as will regulators, public policy makers and analysts, and judges themselves.Contributors include: D. Aksamovic, G. Appleby, R.W. Campbell, K.-W. Chan, H. Corder, S.M.R. Cravens, T. Dare, R. Devlin, F. Dias Simoes, A. Dodek, M. Fabri, D. Fennelly, G. Gee, R. Goldstone , M.A. Jardim de Santa Cruz Oliveira, F. Klass, S. Le Mire, J.L. Neo, T.G. Puthucherril, A. Trochev, H. Whalen-Bridge, C. Wolf, F. Yulin, L. Zer-GutmanTrade Review‘The book makes a fine addition to comparative legal scholarship, and comparative lawyers interested in courts and judges will find it to be a useful resource. The editors' ambition to encourage a broader view of courts through the application of regulatory theory, and by explicitly considering values, processes, resources and outcomes, is to be applauded as it stands to lead to a richer and more nuanced understanding of the judicial institution.’ -- Lorne Neudorf, Cambridge Law Journal'Too often, the regulation of judges is justified as striking a 'balance' (usually at an arbitrary point) between judicial independence and public accountability. Regulating Judges breaks from this thinking, resetting an analysis of judicial regulation inside a three-dimensional pyramid of processes, resources, values and outcomes. Devlin and Dodek have mustered an impressive team of scholars to re-evaluate judicial regulation in 19 countries - many themselves constitutionally complex. The result is a weighty collection of intellectual depth and unprecedented geographic breadth. Scholars, judiciaries and, above all, governments should read Regulating Judges and learn and digest its insights.' --Reid Mortensen, Legal Ethics'We often use the accountability-independence dichotomy to examine judicial conduct. In their book, Regulating Judges: Beyond Independence and Accountability, Professors Richard Devlin and Adam Dodek illuminate the limitations of this approach, developing a more complete regulatory pyramid to capture the complex and multidimensional environment in which judges function. In judging judges, the pyramid provides a framework for examining current systems and proposed changes for decades to come.' --Susan Saab Fortney, Texas A&M University, School of LawTable of ContentsContents: Foreword Justice Richard Goldstone 1. Regulating Judges: Challenges, Controversies and Choices Richard Devlin and Adam Dodek 2. The Australian Judiciary: Resistant to Reform? Gabrielle Appleby and Suzanne Le Mire 3. Beyond Independence and Accountability: Balancing Judicial Regulation in Brazil Maria Angela Jardim de Santa Cruz Oliveira 4. ‘Fighting Words’: Regulating Judges in Canada Adam Dodek and Richard Devlin 5. Moving Target – The Regulation Of Judges In China’s Rapidly Evolving Legal System Ray Worthy Campbell and Fu Yulin 6. Regulatory Reform in Croatia: An Uphill Battle to Enhance Public Confidence Dubravka Akšamović 7. Judicial Policy in England and Wales: A New Regulatory Space Graham Gee 8. Just ‘The Mouth’ of Statutory Law or More?: The Theory and Practice of Judicial Regulation in Germany Christian Wolf and Fabienne Klass 9. Balancing The Scales Of Justice In India: From Parliamentary Supremacy To Judicial Supremacy And Back? Tony George Puthucherril 10. Reluctant Reformers? Formalizing Judicial Regulation in Ireland David Fennelly 11. Decentralized Regulation: Reconciling Inter-branch Tensions in Israel Limor Zer-Gutman 12. Clash of Visions: Regulating Judges and Prosecutors In Italy Marco Fabri 13. Regulating Judges, Japanese-Style: The Prevalence of Informal Mechanisms Kay-Wah Chan 14. A Judicial Code of Ethics: Regulating Judges and Restoring Public Confidence in Malaysia Jaclyn L. Neo and Helena Whalen-Bridge 15. Discipline and Modernise: Regulating New Zealand Judges Tim Dare 16. The Portuguese Judiciary Amid Old and New Crises Fernando Dias Simões 17. An Internal Code of Ethics: Regulating Judges in Singapore Helena Whalen-Bridge and Jaclyn Neo 18. Regulating Judges in Russia’s Dual State: Between Constitutional and Administrative Regimes Alexei Trochev 19. Struggling to Adapt: Regulating Judges in South Africa Hugh Corder 20. Regulating Judges in The United States: Concerns for Public Confidence Sarah M.R. Cravens Index
£139.00
Edward Elgar Publishing Ltd Regulating Social Network Sites: Data Protection,
Book SynopsisDrawing on rich, empirical case studies this innovative book provides a contemporary and comprehensive exploration of the plural, dynamic and precarious processes, materials, practices, interventions and relationships on social network sites, and their resultant power effects, when copyright and data privacy rights are at stake.In pursuit of this objective, chapters develop a cutting-edge conceptual power lens that brings together Actor-Network theory and Foucauldian scholarship on power. Applying this analytical framework to the case studies of Facebook (data protection) and YouTube (copyright), Asma Vranaki draws critical attention to underexplored and novel matters in digital regulation. These matters include resistance; the materiality of regulation; complex, contingent, fragile and dynamic digital ‘regulatory spaces’; the contingency of power; law as a heterogenous ‘assemblage’; the unintended consequence of local orderings; and the links between power and spaces. Ultimately, the author demonstrates that power effects are highly localised, precarious and contingent outcomes of manifold, complex and fluid alliances between diverse humans and non-humans.Advancing various contentions on how social network sites can be successfully regulated, the empirical analyses and multi-disciplinary approaches in this book will prove invaluable to students, scholars and practitioners of law, particularly those interested in regulation, data protection and copyright in social network sites.Trade Review‘Lawyers are nowadays used to the idea that law needs to be studied in its context. This book’s major insight is that context is not merely the background to law, but rather that the web of power relationships between actors is the primary context which shapes the law and gives it meaning in action. Power is not reserved to lawmakers and platform owners – all actors have some degree of power. Thus we learn that YouTube’s copyright notice and takedown processes and its Content ID system are merely influenced by the content of law rather than determined by it, and that rights owners and content creators use these ‘legal’ structures in unexpected ways which give them new meanings. Similarly, data privacy on Facebook is not statically determined by legal texts such as laws and platform terms, but is a dynamic balance whose shifts are determined by power asserted by all players in the Facebook ecosystem. Vranaki’s use of Actor Network Theory and Foucault’s theories of power to analyse these phenomena is always illuminating, and few readers will finish this book without a new and deeper understanding of how law works.’ -- Chris Reed, Queen Mary University of London, UK‘Asma Vranaki dives into power relationships online, in particular social networks. She critically surveys cyberspace regulation literature, and suggests an improved theory. The core of the monograph studies empirically issues of Facebook on data protection, and YouTube on copyright. The monograph is wonderfully written, sharply analysed, and a joy to read.’ -- Arno R. Lodder, Vrije Universiteit, the NetherlandsTable of ContentsContents: 1. Introduction to Social network sites: Power, regulation and law 2. Regulating digital environments: From the Wild West to regulation to power 3. SNS as ‘assemblages’: Of power, relationality and resistance 4. YouTube, piracy and copyright: A socio-legal-technological tale 5. YouTube, copyright and power 6. Data privacy regulation on Facebook: A socio-legal-technological achievement 7. Investigating regimes of power on Facebook 8. SNS: Of regulation and power Bibliography Index
£104.00
Edward Elgar Publishing Ltd Just Interests: Victims, Citizens and the
Book SynopsisThe idea of justice and the reality of justice are two very different things. Just Interests examines both concepts, offering accounts from lay people and legal officials to explore how the goals and interests of victims of crimes can be accommodated within the criminal justice process. Robyn Holder challenges the typical classification of ?victim? for those who have been victimized by violence, and re-positions them as members of a political community with diverse interests ? both private and public. Departing from conventional approaches that see victims as a problem for law to contain, Holder draws on democratic principles of inclusion and deliberation to posit a criminal justice approach that mobilizes citizens to produce justice in their ordinary lives. This book will be of fundamental importance for analysts and advocates in governmental and non-governmental organizations to understand victims as citizens first and their engagements with criminal justice as citizenship practices. It will also be a valuable read for socio-legal scholars and researchers examining the constitutive nature of peoples and their public criminal law.Trade Review'Robyn Holder is a reflective practitioner and thoughtful scholar of victim perspectives on what justice might mean. This impressive book brings together years of her consolidated wisdom. It treats us to rich engagement with complex realisations of justice. Empirically, it amplifies voices from below to help us learn from their experience on how to better comprehend the complexity of justice. It helps us to find our own justice imaginary as we also search for a democratic imaginary.' --John Braithwaite, Australian National University'This book constitutes a significant and highly insightful contribution into deconstructing the meaning of justice. In positioning crime victims as a community of citizens who hold legitimate justice interests, the author's arguments are a welcome riposte to a needs-based analysis of the issues which confront victims in the criminal process.' --Jonathan Doak, Nottingham Trent University, UKTable of ContentsContents: Preface 1. Ideas of justice 2. Approaching justice 3. Approaching law 4. Mapping institutional discourse about justice 5. Ordinary people accessing justice 6. Exploring justice goals 7. Experiencing justice 8. Participating in justice 9. After the democratic turn Bibliography Index
£104.00
Edward Elgar Publishing Ltd Research Handbook on the Law of Virtual and
Book SynopsisThe proliferation of virtual and augmented reality technologies into society raise significant questions for judges, legal institutions, and policy makers. For example, when should activities that occur in virtual worlds, or virtual images that are projected into real space (that is, augmented reality), count as protected First Amendment 'speech'? When should they instead count as a nuisance or trespass? Under what circumstances would the copying of virtual images infringe intellectual property laws, or the output of intelligent virtual avatars be patentable inventions or works of authorship eligible for copyright? And when should a person (or computer) face legal consequences for allegedly harmful virtual acts?The Research Handbook on the Law of Virtual and Augmented Reality addresses these questions and others, drawing upon free speech doctrine, criminal law, the law of data protection and privacy, and of jurisdiction, as well as upon potential legal rights for increasingly intelligent virtual avatars in VR worlds. The Handbook offers a comprehensive look at challenges to various legal doctrines raised by the emergence - and increasing use of - virtual and augmented reality worlds, and at how existing law in the USA, Europe, and other jurisdictions might apply to these emerging technologies, or evolve to address them. It also considers what legal questions about virtual and augmented reality are likely to be important, not just for judges and legal scholars, but also for the established businesses and start-ups that wish to make use of, and help shape, these important new technologies.This comprehensive Research Handbook will be an invaluable reference to those looking to keep pace with the dynamic field of virtual and augmented reality, including students and researchers studying intellectual property law as well as legal practitioners, computer scientists, engineers, game designers, and business owners.Contributors include: W. Barfield, P.S. Berman, M.J. Blitz, S.J. Blodgett-Ford, J. Danaher, W. Erlank, J.A.T. Fairfield, J. Garon, G. Hallevy, B. Lewis, H.Y.F. Lim, C. Nwaneri, S.R. Peppet, M. Risch, A.L. Rossow, J. Russo, M. Supponen, A.M. Underhill, B.D. Wassom, A. Williams, G. YadinTrade Review'The Research Handbook on the Law or Virtual and Augmented Reality is an extraordinary contribution to the scholarship in this rapidly developing area. The work boasts an impressive list of contributors, and the depth and breadth of topics is quite striking. One might think that such a work would be of interest primarily to lawyers involved in the computer game industry, or in law and technology. But this area of law now reaches into daily life, and both practicing attorneys and scholars in the areas of tort law (defamation, privacy law, right of publicity), constitutional law, intellectual property, criminal law, and business law will also find much to interest them, and a great deal of insight to assist them in analyzing the very real questions that this area of law now presents us. Recommended.' --Christine Corcos, Louisiana State University and A&M, USThe Research Handbook on the Law of Virtual and Augmented Reality offers an all-encompassing view on this field of legal research, containing 20 chapters from scholars in US, Asia, and the European Union, that explore how these jurisdictions might apply to VA/R-technologies and apps. Woodrow Barfield and Marc Blitz have edited an outstanding volume that should be read by all, including students and policy makers.' --Ugo Pagallo, Università degli Studi di Torino, ItalyTable of ContentsContents: Section I. Introduction to the Law of Virtual and Augmented Reality 1. The Law of Virtual Reality and Increasingly Smart Virtual Avatars Woodrow Barfield and Alexander Williams 2. Starting Up in Virtual Reality: Examining Virtual Reality as a Space for Innovation Crystal Nwaneri 3. Virtual Rule of Law Michael Risch 4. Mixed Reality: How the Laws of Virtual Worlds Govern Everyday Life Josh A.T. Fairfield Part II Intellectual Property Law 5. Virtual Copyright Michael Risch and Jack Russo 6. Trademark and the Right of Publicity in Augmented Reality Brian D. Wassom, Amber M. Underhill and Andrew L. Rossow 7. Virtual Trade Dress Jack Russo Part III Issues of Constitutional and Criminal Law 8. First Amendment, Video Games and Virtual Marc Jonathan Blitz 9. Virtual Reality, Haptics, and First Amendment Protection for Sexual Sensation Brooke Lewis 10. Augmented and Virtual Reality, Freedom of Expression, and the Personalization of Public Space Marc Jonathan Blitz 11. Beyond Unauthorized Access: Laws of Virtual Reality Hacking Gilad Yadin 12. The Law and Ethics of Virtual Sexual Assault John Danaher 13. Criminal Liability for Intellectual Property Offenses of Artificially Intelligent Entities in Virtual and Augmented Reality Environments Gabriel Hallevy Part IV Applying the Law to Different Applications of Virtual and Augmented Reality 14. Advertising Legal Issues in Virtual and Augmented Reality S. J. Blodgett- Ford, Woodrow Barfield and Alexander Williams 15. Data Privacy Legal Issues in Virtual and Augmented Reality Advertising S. J. Blodgett- Ford and Mirjam Supponen 16. Reordering the Chaos of the Virtual Arena: Harmonizing Law and Framing Collective Bargaining for Avatar Actors and Digital Athletes Jon Garon Part V Contract, Property Law, and Jurisdiction 17. Property Rights in Virtual and Augmented Reality: Second Life Versus Pokémon Go Hannah YeeFen LIM 18. Freedom of Contract in Augmented Reality Scott R. Peppet 19. Law and Property in Virtual Worlds Wian Erlank 20. Legal Jurisdiction and the Deterritorialization of Social Life Paul Schiff Berman Index
£255.00
Edward Elgar Publishing Ltd The U.S. Supreme Court and Racial Minorities: Two
Book SynopsisThe U.S. Supreme Court and Racial Minorities offers an in-depth, chronologically arranged look at the record of the U.S. Supreme Court on racial minorities over the course of its first two centuries. It does not pose the anachronistic standard, ''Did the Supreme Court get it right?'' but rather, ''How did the Supreme Court compare to other branches of the federal government at the time?'' Have these Justices, prevented against removal from office by discontented voters (in contrast to the President and the members of Congress), done any better than the elected branches of government at protecting racial minorities in America? Goldstein examines treatment of four racial minorities (Indians, Blacks, Asians, and Hispanics) in this investigation of the life-tenured Supreme Court's comparative willingness to protect racial minorities. She finds that judicial review, while no panacea, did help America's racial minorities: when the Court was willing to help, it was particularly willing to act to check state-level oppressive policies and federal-level administrative abuses. She also documents the Supreme Court's leadership role on the civil rights of Black Americans from 1911-1989. This book will be a critical resource not only for scholars of political science and law, but for anyone interested in the history of the treatment of racial minorities by the U.S. government and the value of judicial review as a protector of minority rights.Trade Review'This is a remarkable book, and essential reading for anyone who cares about how civil rights are defined and protected in America. It carefully situates the Supreme Court in its political and historical environment, and in doing so serves as an important reminder of the significance of politics in keeping our constitutional system functioning.' --Keith E. Whittington, Princeton University, US'Juxtaposing a comprehensive survey of the Supreme Court's cases dealing with racial minorities - African Americans, Indians, Asian Americans, and Hispanic Americans - to an overview of how Congress and the President dealt with those minorities, Leslie Goldstein asks the right question: Compared to the other branches, how protective has the Court been? This is an important work for scholars and others interested in the Supreme Court and the history of race in the United States.' --Mark Tushnet, Harvard Law School, USTable of ContentsContents: 1. Minority Rights Up Through the Marshall Court, 1789-1835 2. Minority Rights in the Taney Years (1836-64) 3. Civil War and Reconstruction 4. After Reconstruction 5. The White and Taft Courts, 1911-30 6. A New “Racial” Minority: Hispanics, 1800-1992 7. Branch Variation in Rights Leadership, 1930 to Late Twentieth Century 8. Overview and Conclusions Index
£138.00
Edward Elgar Publishing Ltd Legal Conversation as Signifier
Book SynopsisConversation and argument concerning laws and legal situations take place throughout society and at all levels, yet the language of these conversations differs greatly from that of the courtroom. This insightful book considers the gap between everyday discussion about law and the artificial, technical language developed by lawyers, judges and other legal specialists. In doing so, it explores the intriguing possibilities for future synthesis, a problem often neglected by legal theory. Analyzing the major components of law and legal procedure across both common and civil law, this book reveals how legal conversation on the `street' contributes to our understanding of law as well as our democratic citizenship. Jan M. Broekman and Frank Fleerackers consider the impact of multiculturalism and the threat of terror on our impressions of legal conversation and the importance we place upon it, arguing that anarchism and legalism are hostile neighbors sharing many themes and motives. Exploring the meaning and sense of the concept of `street' in ancient and modern times, the authors pose the question: is law just a discourse or should it be classified as one of the major narratives in human life? Unique and discerning, this book will appeal to anyone interested in the language of law. Legal educators will find their scope broadened whilst researchers, activists and politicians will find themselves captivated by the focus on social activism and citizen motivation.Table of ContentsContents: 1. Thoughts Backing Speech 2. Legal Practice Stalks the Brain 3. Compliance and the Radical 4. On Hermes Avenue Index
£94.00
Edward Elgar Publishing Ltd Research Handbook on Gender, Sexuality and the
Book SynopsisThis innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices. Chapters address a range of current arguments and issues, providing an enhanced theoretical framework and evolving understanding from a variety of feminist and queer perspectives. Relationship recognition debates and LGBT activism and scholarship are examined and discussed, as well as questions around bodily autonomy, kink identities, pornography and healthcare access rights. Research exploring the lived experiences of people facing challenges such as domestic violence, asylum, femicide and hate crime is also assessed. This Research Handbook will be an invaluable resource for researchers and students in the fields of law, sexuality and gender, as well as family studies, sociology, media and cultural studies, and medicine. Activists will also benefit from its scholarly insight into key policy debates and future strategy. Contributors include: L. Adler, C. Ashford, R. Auchmuty, A.A. Baboolal, R. Barberet, J. Cabrera, R. Collier, S. Cowan, T. Crofts, M. Duggan, P. Dunne, A. Dymock, S. Falcetta, D. Fenwick, H. Fenwick, S. Ferris, S. Gloppen, R. Harding, R. Hewer, A.C. Infanti, P. Johnson, M. Judge, U. Khan, C. Kitzinger, A. Kondakov, K. Lalor, T. Liu, A. Maine, C. McGlynn, M.F. Moscati, T. Mundy, A. Powell, L. Rakner, F. Renz, J.M. Scherpe, A. Schuster, S.M. Schuster, N. Seuffert, F. Simkiss, B. Simpson, D. Smythe, E. Tascioglu, F. Vera-Gray, M. Weait, S. Whittle, S. Wilkinson, G. ZagoTrade Review'They have edited a timely collection that offers a global perspective on ''the current gender, sexuality, and law research landscape.'' Highly recommended.' -- C Pinto, CHOICE'It provides a comprehensive, contemporary and provoking account of the field that is truly socio-legal in nature and places front and centre the voices of some of those most directly affected by the law and its institutions.' -- Ilona Cairns, Edinburgh Law Review'An important intervention in the persistent question of how we can use the law for sexual liberation without being used by the law. This volume interrogates who ''we'' are across multiple identities, what law is or has been in numerous jurisdictions, and what sexual, gender, and human liberation might be in our lifetimes. Not beholden to any particular theoretical perspective or doctrinal imperative, this collection will serve as a vital springboard for researchers in sex, gender, and legal struggles.' --Ruthann Robson, City University of New York, School of Law, US'An important and timely collection that demonstrates the enduring value of gender and sexuality for legal and other scholars working across a wide range of issues. While revisiting and recasting gay rights and feminist insights, it also opens up and broadens the field - conceptually and geographically - and acknowledges and engages with debates, rather than attempting to resolve them. In true queer style it troubles boundaries and provides signposts rather than destinations.' -- Daniel Monk, Birkbeck, University of London, UK'This book is a very useful resource for both students and academics wanting to consider where the field sits at this historical moment in which il/liberal states struggle with their own internal contradictions and the rise of populist movements. In the face of these forces, it charts paths for future socio-legal scholarship through theoretical and empirical engagement with activist struggles in the west and global south, foregrounding intersectionality in legal analysis around identity, lived experience, bodily autonomy, vulnerability and transgression.' -- Alex Sharpe, Keele University, UKTable of ContentsContents: 1 Introduction to the Research Handbook on Gender, Sexuality and Law 1 Chris Ashford and Alexander Maine PART I NEW BOUNDARIES AND ACTIVISM 2 From the litigants’ perspective: Wilkinson v Kitzinger and the pursuit of marriage equality in England and Wales 8 Sue Wilkinson and Celia Kitzinger 3 Formal recognition of adult relationships and legal gender in a comparative perspective 17 Jens M. Scherpe 4 Diplomacy, conditionality and transnational LGBTI rights 32 Kay Lalor 5 Legislating and litigating same sex marriage in China 45 Tingting Liu and Jingshu Zhu 6 Striking women: the politics of gender, sexuality and the law in South Africa 60 Melanie Judge and Dee Smythe PART II IDENTITY AND STATE 7 Life at the corner of poverty and sexual abjection: lewdness, indecency, and LGBTQ youth 76 Libby Adler 8 Same sex marriage and Article 12 of the European Convention on Human Rights 91 Paul Johnson and Silvia Falcetta 9 LGBTI migration in Europe 104 Alexander Schuster 10 Fully recognizing both dignity and equality values under the emergent ECHR right to a same sex registered partnership 120 Helen Fenwick and Daniel Fenwick 11 Transgender rights in Europe: EU and Council of Europe movements towards gender identity equality 134 Peter Dunne PART III LIVED SOCIETY 12 Normative understandings: sexual identity, stereotypes, and asylum seeking 149 Alex Powell 13 Feminist responses to same sex relationship recognition 164 Rosemary Auchmuty 14 LGBT rights and tax law: a comparative perspective 181 Anthony C. Infanti 15 LGBT rights in Africa 194 Siri Gloppen and Lise Rakner PART IV BODILY AUTONOMY 16 A perfect storm: the UK government’s failed consultation on the Gender Recognition Act 2004 211 Stephen Whittle and Fiona Simkiss 17 Becoming a legal proxy: the unintended consequences of informed consent in US transgender medicine 232 stef m. shuster 18 (De)regulating trans identities 244 Flora Renz 19 ‘That’s a bit of a minefield’: supported decision making in intellectually disabled people’s intimate lives 256 Rosie Harding and Ezgi Taşcıoğlu 20 Dispute resolution, domestic violence and abuse between lesbian partners 271 Maria Federica Moscati PART V VIOLENCE AND VULNERABILITY 21 The global femicide problem: issues and prospects 286 Rosemary Barberet and Aneesa A. Baboolal 22 Law, society and domestic violence: ‘best practice’ methodologies for evaluating integrated domestic violence services 301 Nan Seuffert and Trish Mundy 23 Gender and hate crime protections 317 Marian Duggan 24 Feminist mandated reporters question the Title IX system: when civil rights programs adopt managerial logics and protect institutional interests 330 Jessica Cabrera 25 Vulnerability, victimhood and sex offences 341 Sharon Cowan and Rebecca Hewer PART VI DEVIANCY AND ILLICIT CONSTRUCTIONS 26 Kinky identity and practice in relation to the law 362 Ummni Khan 27 Male sex work – a gendered, (hetro)sexist approach to regulation 379 Thomas Crofts 28 Regulating desire in Russia 396 Alexander Kondakov 29 Normative behaviour, moral boundaries and the state 409 Chris Ashford, Alexander Maine and Giuseppe Zago 30 Deviancy and illicit constructions 425 Brian Simpson PART VII TRANSGRESSIVE BOUNDARIES 31 Masculinities and families: fragmenting law’s ‘family man’ 443 Richard Collier 32 The healthcare rights of people living with HIV and AIDS 457 Matthew Weait 33 Regulating pornography: developments in evidence, theory and law 471 Fiona Vera-Gray and Clare McGlynn 34 Defending pornography: the case against strategic essentialism 484 Alex Dymock 35 Red, white, and BLACK AND BLUE: the American criminalization of BDSM 497 Stephan Ferris Index 513
£220.00
Edward Elgar Publishing Ltd Research Handbook on Law and Religion
Book SynopsisOffering an interdisciplinary, international and philosophical perspective, this comprehensive Research Handbook explores both perennial and recent legal issues that concern the modern state and its interaction with religious communities and individuals.Providing in-depth, original analysis the book includes studies of a wide array of nation states, such as India and Turkey, which each have their own complex issues centred on law, religion and the interactions between the two. Longstanding issues of religious liberty are explored such as the right of conscientious objection, religious confession privilege and the wearing of religious apparel. The contested meanings of the secular state and religious neutrality are revisited from different perspectives and the reality of the international human rights protections for religious freedom are analysed.Timely and astute, this discerning Research Handbook will be a valuable resource for both academics and researchers interested in the many topics surrounding law and religion. Lawyers and practitioners will also appreciate the clarity with which the rights of religious liberty, and the challenges in making these compatible with state law, are presented.Contributors include: R. Ahdar, F. Ahmed, R. Albert, R. Barker, B.L. Berger, J.E. Buckingham, J. Burnside, P. Dane, J. Harrison, M.A. Helfand, M. Hill, M. Kiviorg, A. Koppelman, I. Leigh, J. Neo, Y. Rosnai, R. Sandberg, S.D. Smith, P.M. Taylor, H.-M. ten Napel, K. Thompson, F. VenterTrade Review'Over the course of the last generation, the study of 'law and religion' has exploded in breadth, subtlety and significance. This Research Handbook provides its readers with a rich, varied, and sometimes provocative introduction to the field. Expert chapters not only shed new light on familiar topics, they also identify further avenues for fruitful scholarship. One is left with the sense that the most significant work still lies ahead - and also the intellectual tools to face that challenge.' --Julian Rivers, University of Bristol Law School, UKThe authors who have contributed so ably to this excellent volume are to be congratulated on scholarship of the highest quality, which treats a wide and rich range of issues at the centre of the field of law and religion today. Their contribution here will be of enormous value to all those who teach, study, and practise in this rapidly developing and important sphere of life.' --Norman Doe, Cardiff University, UKTable of ContentsContents: Foreword John Witte, Jr Part I Law and Religion 1. Navigating Law and Religion: Familiar Waterways, Rivers Less Travelled and Uncharted Seas Rex Ahdar 2. The Sociological Dimension of Law and Religion Russell Sandberg Part II Jurisprudential Themes 3. Equality, Religion, and Nihilism Steve D Smith 4. Jeremy Bentham and the Problem of the Authority of Biblical Law Jonathan Burnside 5. Dworkin’s Religion and the End of Religious Liberty Joel Harrison 6. What Kind of Human Right is Religious Liberty? Andrew Koppelman Part III Religion-State Relations 7. Establishment and Encounter Perry Dane 8. Religion, Secularism and Limitations on Constitutional Amendment Richard Albert and Yaniv Roznai 9. Regulation of Religious Communities in a Multicultural Polity Jaclyn L Neo 10. Liberal Constitutionalism and the Unsettling of the Secular Benjamin L Berger 11. The Boundaries of Faith-Based Organizations in Europe Hans-Martien ten Napel 12. Enforcing Religious Law Farrah Ahmed Part IV Adjudicating Religion 13. When Judges are Theologians: Adjudicating Religious Questions Michael A. Helfand 14. The Justiciability and Adjudication of Religious Disputes Francois Venter Part V International Perspectives 15. Controversial Doctrine: The Relevance of Religious Content in the Supervisory Role of International Human Rights Bodies Paul M Taylor 16. Dangers of the Changing Narrative of Human Rights: Why Democracy and Security Need Religious Freedom Merilin Kiviorg Part VI Freedom of Religion Issues 17. Freedom of Religion and the Rise of Secularism: Struggles in the British Workplace Mark Hill QC 18. The Legal Recognition of Freedom of Conscience as Conscientious Objection: Familiar Problems and New Lessons Ian Leigh 19. Of Burqas (and Niqabs) in Courtrooms: The Neglected Women’s Voice Renae Barker 20. Trinity Western University’s Law School: Reconciling Rights Janet Epp Buckingham 21. The Persistence of Religious Confession Privilege A Keith Thompson Bibliography Index
£206.00
Edward Elgar Publishing Ltd Charity with Chinese Characteristics: Chinese
Book SynopsisThis thought-provoking book explores the functions of charitable foundations in the People's Republic of China. Using both empirical fieldwork and extensive textual analysis, it examines the role of foundations in Chinese society and their relationship with the Chinese government. Taking an interdisciplinary approach, Katja Levy and Knut Benjamin Pissler offer a comprehensive overview of the contemporary legal and political frameworks within which Chinese charitable foundations operate, as well as an assessment of their historical and traditional contexts. They re-evaluate the existing literature on China's civil society, and provide a new, functional perspective on the role of foundations, complementing mainstream civil society and corporatist perspectives. This incisive book will be invaluable reading for scholars researching the third sector in China, as well as practitioners working in this sector. Scholars and students of contemporary Chinese law, politics and society will also find its insights useful. Trade Review‘Charity with Chinese Characteristics has undeniable value as a source book. The citations and their comprehensiveness enhance this value. Scholars in topically related fields of study - including but not limited to civil society, welfare systems, authoritarian control systems, and political mechanisms at the grassroots - will find Charity with Chinese Characteristics useful as a comparative reference. For scholars of Chinese politics and society, and especially those working in the fields listed above, it is a recommended read.’ -- Tom Cliff, The China Journal‘This book will likely serve as the authoritative account of the legal‘The volume by Levy and Pissler definitely enriches our knowledge of how public and private is intertwined in China, and how philanthropy and nonprofits are systematically used to achieve both an improvement of governance and simultaneously an intensification CPC hegemony. The authors successfully manage to unveil the often referred to “Chinese Characteristics” that might be translated into a combined notion of Foucault's approach of governmentality and the Gramscian concept of hegemony.’ -- Annette Zimmer, VOLUNTAS: International Journal of Voluntary & Nonprofit Organizations'Until recently, China had successfully followed the paths of Western governments eager to ease the regulatory barriers for large scale philanthropy in hopes of unlocking private resources to complement public expenditure. But as this deeply-researched, important study demonstrates, Chinese foundations only partially resemble their independent Western counterparts because they are effectively instrumentalized by the Chinese Party-state, as Levy and Pissler convincingly show by developing an innovative analytical framework. This book will be indispensable reading for anyone interested in Chinese philanthropy and civil society.' --Stefan Toepler, George Mason University, US'One of the most important developments in China in recent years has been the rise of new wealth and how the Chinese Communist Party is responding. Charitable foundations are increasing in number and taking on roles formerly the preserve of government agencies. In this important study, Levy and Pissler look at the development of the sector and the constraints placed upon it by the authorities. A well-informed and important book that should be read by all interested in developments in contemporary China.' --Tony Saich, Harvard Kennedy School, US'This is one of the first international books that deals with Chinese charitable foundations, broadly covering the third sector as well as the problems and opportunities of charity in China. It is an impressive interdisciplinary work authored by two renowned experts in the field. They rightly use a functional governance approach, present extensive historical and empirical data and provide excellent information on the current function of foundations in China's society. In sum: A book not to be missed.' --Klaus J. Hopt, Max Planck Institute for Comparative and International Law, GermanyTable of ContentsContents: Preface and Acknowledgements 1. Introduction PART I: STATE OF THE ART, THEORETICAL FRAMEWORK, RESEARCH QUESTION AND METHODOLOGY 2. State of the art 3. Theoretical framework: a functional governance approach to the study of foundations 4. Research gap, research question, data, and methodology PART II: THE EVOLUTION OF CHINESE CHARITABLE FOUNDATIONS 5. History and traditions of charity in China until 1978 6. Developments since 1978 PART III: THE LEGAL AND POLITICAL ENVIRONMENT OF CHARITABLE FOUNDATIONS IN CHINA 7. The legal framework of Chinese foundations 8. The political background of Chinese foundations PART IV: THE FUNCTIONS OF CHINESE FOUNDATIONS 9. Functions of Chinese Foundations 10. Conclusion Index
£105.00
Edward Elgar Publishing Ltd Designing Effective Legislation
Book SynopsisWhat is effective legislation? Can lawmakers around the world improve the effectiveness of their laws? And if yes, how? Designing Effective Legislation analyses legislative effectiveness in theory and practice and concludes that effective laws can be engineered through the use of particular design and drafting techniques. Employing a clear and logical structure, the author demonstrates that four elements, that exist in every law, are paramount to effectiveness: purpose, content, context and results. A clear purpose sets a benchmark for what a law aims to achieve; well designed and communicated content ensures that the law has the mechanics required to achieve the desired results; laws that integrate harmoniously the legal system ensure coherence and the lack of contradiction; and results determine what has been achieved and whether this corresponds to initial intentions. By examining these four elements in unity and addressing the particular challenges involved in their design and drafting, lawmakers can secure the basic foundations of an effective law. Providing an in in-depth analysis of the concept of legislative effectiveness this book will be relevant to academics and researchers working in the fields of legislative studies, theory of law, regulation and the sociology of law but also to legal practitioners, policy makers and legislative drafters involved in the design or reform of legislation worldwide.Trade Review'This inspiring book takes the perspective of lawmakers, which is so often ignored in the effectiveness debate. It is an approach that accounts for a fresh view on a topical debate in legislative studies. Combining doctrinal knowledge with practical insights, this is a most welcome contribution to theory and practice.' --Patricia Popelier, University of Antwerp, Belgium'Legislation is central in the law. However, its study has not fully acquired the position it deserves within legal scholarship. Maria Mousmouti makes a fundamental contribution to filling this gap. Designing Effective Legislation does not only tackle the construction of effective legislation, with her idea of ''mechanics'', Mousmouti sets a pivotal step in the legislative studies, by offering an innovative and intriguing analytical tool to penetrate and understand the often confusing and blurred world of legislative law-making.' --Mauro Zamboni, Stockholm University, Sweden'With this topical book Mousmouti addresses the elephant in the room of modern government. Legislation is the instrument of choice in modern governance and politics - it is used as a heal-all in modern day policy approaches. But what do we actually know about the effectiveness and overall efficacy of legislation? Very little, this book shows. Dr. Mousmouti's takes us by the hand and shows us the way legislation works, the values it represents, and the things we need to consider if we want legislation to do what we actually designed and enacted it for: to work.' --Wim Voermans, Leiden University, the NetherlandsTable of ContentsContents: 1. The ‘mechanics’ of effective legislation 2. Legislation and its purpose 3. The content of legislation 4. Legislation and its context 5. The implementation of the law: results, impact and effectiveness 6. Which tools for effective lawmaking? 7. Legislative failure 8. On lawmakers, lawmaking and effectiveness Bibliography Index
£88.00
Edward Elgar Publishing Ltd Research Handbook on Law and Emotion
Book SynopsisThis illuminating Research Handbook analyses the role that emotions play, and ought to play, in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.International expert contributors take multidisciplinary approaches, drawing on neuroscience, philosophy, literary theory, psychology, history, and sociology to examine the role of a wide range of emotions across a variety of legal contexts. Chapters consider how the rich tapestry of human emotion impacts legal actors, influences legal doctrine, and shapes the dynamics of legal institutions. Moving beyond legal contexts traditionally considered rife with emotion such as the criminal law and jury trials, the Handbook explores how emotion relates to contracts, property, bankruptcy, international law, and truth and reconciliation commissions. It also reflects on the importance of research methodologies, theories, and techniques for assessing the role of emotion in the legal arena.Surveying the depth and complexity of law and emotion across a panoply of legal actions, institutional contexts, and legal doctrines, this Handbook will be critical reading for academics and students of legal theory and legal philosophy. Its detailed examination of emotions in the practice of private, public, international, and criminal law will also be beneficial for legal officials and practitioners.Trade Review‘This book represents a delightful intellectual companion as well as an urgently needed interdisciplinary anthology. I wholeheartedly recommend lawyers’ engagement with this collection, and I wish it will be adopted by (law) schools around the world as an essential reading.’ -- Riccardo Vecellio Segate, Nordic Journal of Human Rights'It's high time that we appreciate the importance for law of emotions, like anger, disgust or empathy. Should law embrace emotion as inevitable, or discourage it for warping judgments and hampering fairness? The editors have gathered an impressive interdisciplinary range of perspectives on this flourishing field. Their superb collection of contributors reveal the importance of emotion not only in criminal law, but in bankruptcy, evidence, international law and other arenas. The power of emotion matters not only for juries, but for judges, legal educators and legislators. The Research Handbook of Law and Emotion is an innovative and thoughtful contribution that brings order to a complex unruly field.'Table of ContentsContents: Introduction 1 Susan A. Bandes, Jody Lyneé Madeira, Kathryn D. Temple and Emily Kidd White PART I FOUNDATIONS PSYCHOLOGY 1 Lay conceptions of emotion in law 15 Terry A. Maroney NEUROSCIENCE 2 The evolving neuroscience of emotion: challenges and opportunities for integration with the law 27 Maria Gendron PHILOSOPHY 3 Law’s sentiments 44 Robin West PEDAGOGY 4 “Whose body is this?” on the role of emotion in teaching and learning law 62 Gillian Calder PART II EMOTIONS 5 When souls shudder: A brief history of disgust and the law 80 Carlton Patrick 6 Retribution: Not anger but respect for dignity 94 Jeffrie G. Murphy 7 Closure in the criminal courtroom: The birth and strange career of an emotion 102 Susan A. Bandes 8 The aptness of anger 119 Amia Srinivasan 9 Remorse: Multi-disciplinary perspectives on how law makes use of a moral emotion 131 Steven Tudor, Michael Proeve, Richard Weisman and Kate Rossmanith PART III LEGAL ACTORS 10 Comparing culturally embedded frames of judicial dispassion 147 Åsa Wettergren and Stina Bergman Blix 11 The loyal defence lawyer 165 Lisa Flower 12 Researching judicial emotion and emotion management 180 Sharyn Roach Anleu, Jennifer K. Elek and Kathy Mack PART IV LEGAL DOCTRINES 13 Family law and emotion 197 June Carbone and Naomi Cahn 14 Debt’s emotional encumbrances 215 Pamela Foohey 15 The emotional dynamics of property law 229 Heather Conway and John Stannard 16 ‘…You don’t pay £100,000 to a lawyer unless you care about something’: The role of emotion in contract law 248 Emma Jones 17 Engaging head and heart: An Australian story on the role of compassion in criminal justice reform 268 Lorana Bartels and Anthony Hopkins PART V LEGAL DECISION-MAKING 18 Emotional evidence in court 288 Hannah J. Phalen, Jessica M. Salerno, and Janice Nadler 19 Emotional dimensions of visual evidence 312 Neal Feigenson 20 Distancing devices and their challenge to judicial emotion realists – so far, yet so near 327 Lee Marsons 21 The emotional storying of Charles Ssenyonga as an HIV sexual predator in June Callwood’s ‘Trial Without End: A Shocking Story of Women and AIDS’ 342 Jennifer M. Kilty PART VI HISTORY OF LEGAL EMOTIONS 22 Love in the courtroom: The debate on crimes of passion in late nineteenth-century Italy 359 Emilia Musumeci 23 Lawyerization, providence, and emotion in the eighteenth-century criminal trial 374 Amy Milka and David Lemmings 24 Copping an attitude: Slang and the neglected racial history of fear and resentment toward law enforcement and legal authority 391 Nicole Mansfield Wright 25 Curiosity and legal affect in Fulbeck’s A Direction or Preparative to the Study of the Lawe 407 Simon Stern 26 Why the law needs the history of emotions: William Blackstone, Agamben and form-of-life 421 Kathryn D. Temple PART VII BEYOND THE COURTROOM LEGISLATION 27 Soft targets: Emotions in the passage of “stand your ground” legislation 438 Jody Lyneé Madeira and Catherine Wheatley INTERNATIONAL LAWS AND TRIBUNALS 28 Between micro and macro justice: Emotions in transitional justice 460 Susanne Karstedt 29 How the emotions and perceptual judgments of frontline actors shape the practice of international humanitarian law 477 Rebecca Sutton 30 Images of reach, range, and recognition: Thinking about emotions in the study of international law 492 Emily Kidd White PART VIII CLASSIC ARTICLES 31 Empathy, narrative, and victim impact statements (1996) 514 Susan A. Bandes 32 Law and emotion: A proposed taxonomy of an emerging field 534 Terry A. Maroney 33 Who’s afraid of law and the emotions 566 Kathryn Abrams and Hila Keren Index 601
£237.00
Edward Elgar Publishing Ltd Citizenship in Times of Turmoil?: Theory,
Book Synopsis''When the exception becomes the norm, the power of the sovereign is arbitrary, just as in pre-democratic times. But such arbitrariness is not random: it is applied primarily to certain categories of what used to be called ''the lower orders'' of society - the undocumented immigrants and the racially ''other,'' regardless of prior citizenship status. The very notion of citizen becomes vague and the status can be lost through a Kafkaesque process in which the state is unfathomable and often acts behind the scenes. This book edited by Devyani Prabhat brings together academics and lawyers working in the field of nationality and immigration laws, and shows how what has long been a feature of the labor market, namely, the precarious nature of jobs, has now become a feature of basic rights of ''belonging.'' Citizenship is precarious too. The chapters in this volume lead us straight to the question: What is the rule of law in such state of indistinction? Societies in decadence, like the current Western powers, entwine retrenchment with resentment, the exceptional with the normal, the in-group with the out-group. Devyani Prabhat and her colleagues analyze with great precision the alarming advance of legal imprecision, the interests that are vested in categorical confusion, and the erosion of basic rights in societies like the UK and the US - notably the right of persons to reside in peace and without fear.' - Juan Corradi, New York University, US This innovative book considers the evolution of the contemporary issues surrounding British citizenship, integrating the social aspects and ideas of identity and belonging alongside its legal elements. With contributions from renowned lawyers and academics, it challenges the view that there are immutable values and enduring rights associated with citizenship status. The book is organised into three thematic parts. Expert contributors trace the life cycle of the citizenship process, focusing on becoming a British citizen, retaining this citizenship with its associated rights, and the potential loss of citizenship owing to immigration controls. Through a critical examination of the concepts and content of British citizenship, the premise that citizenship retracts from full membership in society in times of turmoil is questioned. Wide-ranging and interdisciplinary, Citizenship in Times of Turmoil? will be a key resource for scholars and students working within the fields of migration, citizenship and immigration law. Including details of legal practice, it will also be of benefit to practitioners.Trade Review'Devyani Prabhat has assembled an excellent team of scholars across academic disciplines and legal specialisations. The chapters provide comprehensive and expert analysis on contemporary issues of British citizenship, ranging from the shifting categories of exclusion and inclusion in nationality law, naturalisation policy and integration tests to Brexit, ''the hostile environment'' and the Windrush scandal. The book is unique in combining the theory, practices and policies of British citizenship.' --Dora Kostakopoulou, Warwick University, UK'This work offers a state of the art treatment of the law and policy on citizenship in Britain, covering access to nationality and the scope of citizenship rights. With contributions by leading scholars and practitioners of citizenship and immigration law, it provides a comprehensive account of key questions, including discrimination in nationality law, deprivation of citizenship, and the implications of in-country checks of status.' --Bernard Ryan, University of Leicester, UK'This book addresses a most timely topic - British citizenship - from all possible perspectives: practice, theory and policy and from various academic disciplines. It provides for a very welcome contribution to discussions on every day politics and on knowledge on the legal position of many different categories of immigrants. In these times of turmoil citizenship can be a basis for security and rights and therefore it is essential to examine all its dimensions carefully. This book is an indispensable aid for knowing more about British citizenship.' --Frans Pennings, Utrecht University, the NetherlandsTable of ContentsContents: Part I MAKING BRITISH CITIZENS 1. Discrimination in British Nationality law Alison Harvey 2. The Life in the UK Citizenship Test and the Urgent Need for Its Reform Thom Brooks 3. Naturalisation and becoming a citizen in the UK Bridget Byrne 4. Children’s Pathways to British Citizenship Solange Valdez-Symonds Part II HOLDING BRITISH CITIZENSHIP AND IMMIGRATION CONTROLS 5. Citizenship, semi-citizenship and the hostile environment: the performativity of bordering practices Christopher Bertram 6. The Immigration Act 2014 and the Right to Rent David Smith Part III LOSING BRITISH CITIZENSHIP AND IMMIGRATION CONTROLS 7. The rise of modern banishment: deprivation and nullification of British citizenship Colin Yeo 8. A Constitutional Eyesore After Brexit: EU Citizenship and British Nationality Patricia Mindus 9. Remember when 'Windrush' was still just the name of a ship? Fiona Bawdon 10. The Blurred Lines of British Citizenship and Immigration Control: The Ordinary and the Exceptional Devyani Prabhat Index
£100.00
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.The Research Handbook brings together thirty-three scholars of Marx, Marxism, and law from around the world to offer theoretically informed introductions to the Marxist tradition of social critique, contemporary Marxist analyses of law and rights, and future orientations of Marxist legal analysis. Chapters testify to the strength of Marxist critical tools for understanding the role of law, rights, and the state in capitalist societies. Exploring Marxist critique across an extraordinarily wide range of scholarlydisciplines, this Research Handbook is a must-read for scholars of law, politics, sociology, philosophy, and political economy who are interested in Marxism. Graduate and advanced undergraduate students in these and related disciplines will also benefit from the Research Handbook.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
£240.00
Edward Elgar Publishing Ltd Behind the Veil: A Critical Analysis of European
Book SynopsisSince the early 2010s, an increasing number of European countries have passed laws that prohibit the wearing of various kinds of Islamic veil in particular circumstances. This insightful book considers the arguments used to justify such laws and analyses the legitimacy of these arguments both generally and in regards to whether such laws can be seen as justified interferences with the rights of women who wish to wear such garments.This timely book considers the most recently passed European laws that target Islamic veiling. The author situates the justifications for anti-veiling laws in the context of a careful analysis of the reasons why women wear veils, and considers these justifications by reference to emerging debates surrounding the relative value of liberalism and human rights, multiculturalism, and the need to protect 'traditional values'. The book concludes that these laws are best viewed as symbolic strikes at a recognizable symbol of an ideological opponent, theorising that their principal purpose is to enable particular countries to reaffirm traditional values in a context of increased domestic opposition to multiculturalism. This engaging work will be valuable reading for students and scholars of human rights law, Islamic law and those interested specifically in the laws and regulations surrounding Islamic veiling around the world.Trade Review'Though people may agree or disagree with his conclusions, anyone interested in the difficult and controversial topic of the restrictions on face-veiling in Europe will benefit from reading the interesting, well-researched and elegantly-argued book Neville Cox has written.' --Ronan McCrea, University College London, UKTable of ContentsContents: 1. Introduction 2. Rationales for Veiling and the Meaning of the Veil 3. Veiling and Rights 4. Terrorism, National Security and the Islamic Veil 5. Women’s Rights, Equality and the Islamic Veil 6. Veiling and Societal Values 7. Veiling and the Rights of Others 8. Symbolic Statements, Clashing Values and European Anti-Veiling Laws Index
£100.00
Edward Elgar Publishing Ltd Life and the Law in the Era of Data-Driven Agency
Book SynopsisThis ground-breaking and timely book explores how big data, artificial intelligence and algorithms are creating new types of agency, and the impact that this is having on our lives and the rule of law. Addressing the issues in a thoughtful, cross-disciplinary manner, the authors examine the ways in which data-driven agency is transforming democratic practices and the meaning of individual choice. Leading scholars in law, philosophy, computer science and politics analyse the latest innovations in data science and machine learning, assessing the actual and potential implications of these technologies. They investigate how this affects our understanding of such concepts as agency, epistemology, justice, transparency and democracy, and advocate a precautionary approach that takes the effects of data-driven agency seriously without taking it for granted. Scholars and students of law, ethics and philosophy, in particular legal, political and democratic theory, will find this book a compelling and invaluable read, as will computer scientists interested in the implications of their own work. It will also prove insightful for academics and activists working on privacy, fairness and anti-discrimination. Contributors include: J.E. Cohen, G. de Vries, S. Delacroix, P. Dumouchel, C. Ess, M. Garnett, E.H. Gerding, R. Gomer, C. Graber, M. Hildebrandt, C. Maple, K. O'Hara, P. Ohm, m.c. schraefel, D. Stevens, N. van Dijk, M. VealeTrade Review'The volume begins with a deep and insightful philosophical dialogue between the editors on AI, conservatism and legal protection, which sets the scene for the wide ranging but complementary chapters that follow. It confronts a set of questions about our data-driven present-future which are at once theoretical and practically urgent. Amongst the now-crowded literature on the political and legal implications of digital technologies, it is rare to encounter writing with such lyricism and verve, by turns whimsical and deadly serious. The chapters present a range of novel conceptual frames, from the algorithmic limbic system to a conservative defence against big data, each of which are bold and imaginative whilst being predicated on existing social and technological practices.' --Reuben Binns, University of Oxford, UK'In a time in which algorithms are pervading communication, culture and social life in increasingly effective ways, theoretical reflection often lags behind. Hildebrandt and O'Hara have succeeded in assembling and coordinating a brilliant collection of observations from different disciplines that, rather than being driven by technology, ambitiously show alternative perspectives. An illuminating read to help us understand and govern the challenges our society is facing.' --Elena Esposito, University of Bologna, Italy and University of Bielefeld, Germany'How should human agents preserve their humanity, their agency, and their valued institutions in their self-created data-driven environments? In this stimulating book - a follow-up to Smart Technologies and the End(s) of Law - readers will find more from Mireille Hildebrandt (in her own right and in conversation with her co-editor, Kieron O'Hara) and more from an impressive team of contributors (spanning law, philosophy, politics, media and computer science). Text is not yet dead; this is a must-read book.' --Roger Brownsword, King's College London and Bournemouth University, UKTable of ContentsContents: Preface xii 1. Introduction: Life and the law in the era of data-driven agency 1 Mireille Hildebrandt and Kieron O’Hara 2. Between the editors 16 Kieron O’Hara and Mireille Hildebrandt PART I 3. Data-driven agency and knowledge 45 Paul Dumouchel 4. The emergent limbic media system 60 Julie E. Cohen 5. Smart technologies and our sense of self: Going beyond epistemic counter-profiling 80 Sylvie Delacroix and Michael Veale 6. Rethinking transparency for the Internet of Things 100 m.c. schraefel, Richard Gomer, Enrico Gerding and Carsten Maple 7. From the digital to a post-digital era? 117 Charles Ess PART II 8. Do digital technologies put democracy in jeopardy? 135 Gerard de Vries 9. In defence of ‘Toma’: Algorithmic enhancement of a sense of justice 156 David Stevens 10. The conservative reaction to data-driven agency 175 Kieron O’Hara and Mark Garnett 11. Artificial intelligence, affordances and fundamental rights 194 Christoph B. Graber 12. Throttling machine learning 214 Paul Ohm 13. In the hall of masks: Contrasting modes of personification 230 Niels van Dijk RESPONSE 14. Life and the law in the era of machine agency 253 Mireille Hildebrandt Index 265
£109.00
Edward Elgar Publishing Ltd Ageing, Ageism and the Law: European Perspectives
Book SynopsisEurope is ageing. However, in many European countries, and in almost all fields of life, older persons experience discrimination, social exclusion, and negative stereotypes that portray them as different or a burden to society. This pivotal book is the first of its kind, providing a rich and diverse analysis of the inter-relationships between ageing, ageism and law within Europe.Throughout the book - which builds on a European Cooperation in Science & Technology (COST) action - leading scholars offer theoretical and empirical analysis in order to discern the role European law plays in perpetuating and combating ageism. Including specific examples of how stereotypes and prejudices influence and shape the European legal system, the book contributes to the broader current global social movement towards advancing a new international human rights convention for older persons.Timely and engaging, this book will appeal to students and scholars of law, sociology, public policy and a wide range of related fields including gerontology, human rights, and health-studies. Practitioners, policy-makers, civil society organizations and senior citizens activists will also benefit from the insights into the socio-legal aspects of social policies and human rights of older persons.Contributors include: P. de Hert, M. De Pauw, I. Doron, N. Georgantzi, A. Gur, R. Harding, E. Mantovani, T. Mattsson, B. Mikolajczyk, A. Numhauser-Henning, G. Quinn, P. Quinn, B. Spanier, B. Sleap, J. WatsonTrade Review'This is an excellent collection of essays from some of the leading scholars on ageing and the law. It brings new insights from around Europe on one of the great issues of the day. Protecting the rights of older people is a core issue facing any legal system and this collection provides essential tools to ensure that the law enables us to have a flourishing old age.' --Jonathan Herring, University of Oxford, UK'A ground-breaking, stimulating, and beautifully curated collection that will become the leading book in this urgently important and under-discussed area of the law.' --Charles Foster, University of Oxford, UK'Ageing, Ageism and the Law offers insightful commentary on the issues of ageing, ageism and discrimination from various perspectives. The book provides the reader with a deeper understanding of the issues as the authors delve into their topics with insightfulness. This thought-provoking book is a welcome addition to the field and advances the discourse on this significant issue.' --Rebecca C. Morgan, Stetson University, College of Law, USTable of ContentsContents: Forward Liat Ayalon and Clemens Tesch-Romer Introduction: Between Law, Aging and Ageism Israel (Issi) Doron and Nena Georgantzi Part I Theories and Concepts 1. Equality, Social Justice and Older People Rosie Harding 2. Age, Vulnerability and Disability Titti Mattsson 3. Ageism, Moral Agency, and Autonomy - Getting Beyond Guardianship in the 21st Century Gerard Quinn, Ayelet Gur and Jo Watson Part II Realities and Legal Experiences 4. Legal Basis of Active Ageing: European Developments Barbara Mikołajczyk 5. Ageism, Age Discrimination, Ageism, and Employment Law in the EU… Ann Numhauser-Henning 6. Stereotyping and Other “Forms of Discrimination in the Chicago Declaration on the Rights of Older Persons and in the Case Law of the European Court of Human Rights Eugenio Mantovani, Paul Quinn and Paul de Hert 7. The European Social Charter and the Rights of Older Persons Benny Spanier and Israel Doron 8. Ageism and Age Discrimination in International Human Rights Law Marijke De Pauw, Bridget Sleap and Nena Georgantzi Index
£98.00
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.International contributors offer a range of activity-orientated analyses, focusing on methodology, embodied experience, legal pluralism, conflict and resistance, and non-human and place agency. The Handbook examines a number of cross-cutting themes including social inequality, environmental justice, sustainability, urban development, Indigenous legal systems, the effects of colonialism and property law. Representing a diversity of locales from all around the world, the chapters encompass both urban and rural, terrestrial and marine areas, agential and storied spaces, and fictional as well as ''real'' places.Taking a multidisciplinary approach that incorporates law, human and legal geography, planning, sociology, political ecology, anthropology, and beyond, this comprehensive Handbook will be critical reading for scholars and students of these and cognate areas. Its discussion of empirical examples will also be beneficial for practitioners and policymakers interested in these fields. 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
£195.00
Edward Elgar Publishing Ltd Judges, Technology and Artificial Intelligence:
Book SynopsisNew and emerging technologies are reshaping justice systems and transforming the role of judges. The impacts vary according to how structural reforms take place and how courts adapt case management processes, online dispute resolution systems and justice apps. Significant shifts are also occurring with the development of more sophisticated forms of Artificial Intelligence that can support judicial work or even replace judges. These developments, together with shifts towards online court processes are explored in Judges, Technology and Artificial Intelligence.By considering how different jurisdictions are approaching current and future technological shifts and in particular by focusing on the different approaches in the US, UK, Australia and China and elsewhere, the author draws a rich comparative exploration of justice technology trends. Judicial commentary is considered as well as the growing scholarly discourse about these trends. Ethical and user centred design options are examined in the context of how responsive judges engage with supportive, replacement and disruptive technologies in courts.This book explores current issues regarding the responsiveness of the justice system in the pandemic era. In addition, how technology can respond and shift justice processes is a growing field of research, for judges, scholars, students and justice commentators. It provides a much-needed resource on an increasingly important topic.Trade Review‘One of Australia’s most innovative and forward-thinking lawyers has written an important book about technology in the courts and the use that can be made of artificial intelligence (AI). Sourdin is much more than a tech-nerd. She views technology not as a replacement for judges but as an aid for enhancing the work of the justice system with the potential to improve decision-making and reduce cost and delay.’ -- Ian Freckelton AO QC, Law Institute Journal'This book focuses on how new information technologies can support judges and lawyers. It explores the extent to which technological developments might replace judges, in at least some aspects of their work. Human justice requires protection of ethical frameworks, litigant vulnerability and sensitivity to diversity. The author is aware of the limits of change. But no practitioner can be complacent about difficulties and costs of access to the law. The author challenges us to think creatively and questioningly about the status quo.' -- The Honorable Michael Kirby AC CMG, Past Justice of the High Court of Australia'For fifty years, the legal community has avoided investigating the impact that Artificial Intelligence might have on the law. Then suddenly it has become petrified that robo-justice might become the norm. Tania Sourdin is an esteemed scholar and researcher in Artificial Intelligence, technology and law. In her book Judges, Technology and Artificial Intelligence she conducts a comprehensive excellent study of how technology is changing the way that we practice law.' -- John Zeleznikow, Latrobe University Law School, AustraliaTable of ContentsContents: Preface 1. Judges and technology 2. The role and function of a judge: the adoption and adaptation of technology by judges 3. Exploring algorithmic justice 4. Courts and technology 5. Judge v robot or judge and cobot? 6. Better access to justice? 7. Judges, technology and judicial independence 8. Judge AI 9. Ethical issues in Judge AI and judicial technology use 10. Future justice Index
£109.00
Edward Elgar Publishing Research Handbook on Judging and the Judiciary
£216.33
Edward Elgar Publishing Ltd Comparative Equality and Anti-Discrimination Law,
Book SynopsisThis revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world, including those in Europe, South Africa, China, Colombia, India and Brazil. This book provides an introduction to theories of equality and sources of equality law, and examines inequality and discrimination based on gender, race, ethnicity, sexual orientation and identity, religion and disability. Key features: Extensive chapter notes add critical context to areas of developing law Analysis of a range of sources: each chapter includes case law, treaty law, statutory law, regulatory law and legal scholarship A comparative problem-based approach, using concrete issues of inequality and discrimination to help students focus on real world concerns Examination of key contested topics such as marriage inequality, the rights of persons with disabilities, affirmative action, reproductive rights, employment discrimination and hate speech A supplementary online course with additional content and guidance for both students and instructors is available through Stanford Law School. Written in a thorough yet accessible style and with contributions from leading international legal scholars, this casebook is ideal for lecture courses, seminars and summer programs in equality and anti-discrimination in law schools, as well as undergraduate courses in law, political science and sociology. Contributors include: D. Allen, P.L. Cherian, D. Collier, J. Damamme, T. Degener, R. Ford, S. Foster, S. Han, K. Loper, S. Misra, D.B. Oppenheimer, M.-C. Pauwels, S. Robin-Olivier, B. Wang, W. ZhouTrade Review'This book provides a unique contribution to the practice of equality and non-discrimination in different jurisdictions. It fosters a strategic use of comparative law. Such a global approach to anti-discrimination law promotes the diffusion of legal arguments which transform the principle of equality. A must read for lawyers and academics eager to achieve social justice.' --sabelle Rorive, Université Libre de Bruxelles, Belgium'Comparative Equality and Anti-Discrimination Law stands out for its carefully-curated selection of materials, its genuinely international range of reference, and the rigour of its editorial content. Equality and discrimination law has put down deep roots in multiple different legal systems: this book provides an invaluable overview of the conceptual debates that surround its development.' --Colm O'Cinneide, University College London, UKTable of ContentsContents: 1. What is Equality in the Law 2. Sources of Equality Law 3. Employment Discrimination In The United States 4. Employment Discrimination in Europe 5. Employment Discrimination in Brazil, India, China, Hong Kong, South Africa, Australia, and Israel 6. Harassment as Employment Discrimination 7. Affirmative Action in the United States 8. Affirmative Action In Europe 9. Global Affirmative Action 10. Parity Democracy: Affirmative Action in the Regulation of Decision-Making 11. Marriage Equality In The United States 12. Marriage Equality Around the Globe 13. Equality and Hate Speech 14. Equality and Religion: Secularism and Establishment 15. Equality and Religion: Free Exercise of Religion for Religious Minorities in the United States and India 16. Religious Expression Through Clothing in The 21st Century 17. Equality and Reproductive Rights 18. Equality and the Rights of Persons with Disabilities Index
£184.00
Edward Elgar Publishing Ltd Comparative Equality and Anti-Discrimination Law,
Book SynopsisThis revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world, including those in Europe, South Africa, China, Colombia, India and Brazil. This book provides an introduction to theories of equality and sources of equality law, and examines inequality and discrimination based on gender, race, ethnicity, sexual orientation and identity, religion and disability. Key features: Extensive chapter notes add critical context to areas of developing law Analysis of a range of sources: each chapter includes case law, treaty law, statutory law, regulatory law and legal scholarship A comparative problem-based approach, using concrete issues of inequality and discrimination to help students focus on real world concerns Examination of key contested topics such as marriage inequality, the rights of persons with disabilities, affirmative action, reproductive rights, employment discrimination and hate speech A supplementary online course with additional content and guidance for both students and instructors is available through Stanford Law School. Written in a thorough yet accessible style and with contributions from leading international legal scholars, this casebook is ideal for lecture courses, seminars and summer programs in equality and anti-discrimination in law schools, as well as undergraduate courses in law, political science and sociology. Contributors include: D. Allen, P.L. Cherian, D. Collier, J. Damamme, T. Degener, R. Ford, S. Foster, S. Han, K. Loper, S. Misra, D.B. Oppenheimer, M.-C. Pauwels, S. Robin-Olivier, B. Wang, W. ZhouTrade Review'This book provides a unique contribution to the practice of equality and non-discrimination in different jurisdictions. It fosters a strategic use of comparative law. Such a global approach to anti-discrimination law promotes the diffusion of legal arguments which transform the principle of equality. A must read for lawyers and academics eager to achieve social justice.' --sabelle Rorive, Université Libre de Bruxelles, Belgium'Comparative Equality and Anti-Discrimination Law stands out for its carefully-curated selection of materials, its genuinely international range of reference, and the rigour of its editorial content. Equality and discrimination law has put down deep roots in multiple different legal systems: this book provides an invaluable overview of the conceptual debates that surround its development.' --Colm O'Cinneide, University College London, UKTable of ContentsContents: 1. What is Equality in the Law 2. Sources of Equality Law 3. Employment Discrimination In The United States 4. Employment Discrimination in Europe 5. Employment Discrimination in Brazil, India, China, Hong Kong, South Africa, Australia, and Israel 6. Harassment as Employment Discrimination 7. Affirmative Action in the United States 8. Affirmative Action In Europe 9. Global Affirmative Action 10. Parity Democracy: Affirmative Action in the Regulation of Decision-Making 11. Marriage Equality In The United States 12. Marriage Equality Around the Globe 13. Equality and Hate Speech 14. Equality and Religion: Secularism and Establishment 15. Equality and Religion: Free Exercise of Religion for Religious Minorities in the United States and India 16. Religious Expression Through Clothing in The 21st Century 17. Equality and Reproductive Rights 18. Equality and the Rights of Persons with Disabilities Index
£59.80
Liverpool University Press Singing the Law: Oral Jurisprudence and the
Book SynopsisSinging the Law is about the legal lives and afterlives of oral cultures in East Africa, particularly as they appear within the pages of written literatures during the colonial and postcolonial periods. In examining these cultures, this book begins with an analysis of the cultural narratives of time and modernity that formed the foundations of British colonial law. Recognizing the contradictory nature of these narratives (i.e., both promoting and retreating from the Euro-centric ideal of temporal progress) enables us to make sense of the many representations of and experiments with non-linear, open-ended, and otherwise experimental temporalities that we find in works of East African literature that take colonial law as a subject or point of critique. Many of these works, furthermore, consciously appropriate orature as an expressive form with legal authority. This affords them the capacity to challenge the narrative foundations of colonial law and its postcolonial residues and offer alternative models of temporality and modernity that give rise, in turn, to alternative forms of legality. East Africa’s “oral jurisprudence” ultimately has implications not only for our understanding of law and literature in colonial and postcolonial contexts, but more broadly for our understanding of how the global south has shaped modern law as we know and experience it today.Trade ReviewReviews'Singing the Law is an exemplary contribution to the burgeoning field of postcolonial literature and law scholarship. Leman makes a compelling case for why we should pay attention to the relationship between a specific literary form—memoir, drama, dictator fiction, dialogical epic poetry—and oral and written law.'Anne W. Gulick, University of South CarolinaTable of ContentsIntroductionTemp/orality in Law and East African LiteratureChapter 1Catching History by the Tail: Colonial Non-Fiction, Aristocratic Atavism, and the Crisis of Modernity in KenyaChapter 2A Song Whose Time Has Come: Northern Uganda, Apocalyptic Futures, and the Oral Jurisprudence of Okot p’BitekChapter 3Between Formal and Infinite Time: Labor Law and Revolutionary Futures in Kenyan Popular PerformanceChapter 4Time Heals All Regimes: Temporality, Somali Oral Law, and the Illegality of African DictatorshipsConclusionTemp/orality and Law in the End TimesBibliography
£109.50
Edward Elgar Publishing Ltd Risk, Resilience, Inequality and Environmental
Book SynopsisThe environmental challenges of the twenty-first century have raised profound questions regarding the suitability of environmental law to manage the many complex issues at hand. This insightful book considers how the law has adapted to address these challenges and considers the ways in which it might be used to cope with environmental risks and uncertainties, whilst also promoting resilience and greater equality. The book uses a multi-disciplinary approach to address the compatibility of law with the notions of risk and resilience, it scrutinises how capable these approaches are to effect equitable solutions to environmental risks, and it raises important questions about multi-level and participatory governance. Key chapters examine a variety of global experiments in countries such as China and countries in Latin America, to generate further governance of the environment, improve the available legal tools and give a voice to more diverse groups. Students and scholars across a variety of fields such as environmental studies, socio-legal studies, law, and risk regulation will find this an stimulating read. Senior policy-makers in central and local government, regulators and risk managers will also find this book imperative in their efforts to manage the dilemmas of environmental control.Contributors include: F.H. Barnes, D. Curran, C. Holley, B.M. Hutter, C. Ituarte-Lima, T. Johnson, J. McDonald, L. Patton, O.W. Pedersen, D. Satterthwaite, E. Sofronova, H. WangTrade Review'This well-timed book tackles two of the most vexing, intertwined governance challenges facing global society: climate change and inequality. Its rich collection of chapters brings transnational, multi-disciplinary perspectives to illuminate possible pathways forward toward a more resilient and just future.' --Cary Coglianese, University of Pennsylvania, USTable of ContentsContents: Preface Part I: Introduction 1. Risk, resilience and inequality: current dilemmas in environmental regulation. Bridget M. Hutter Part II: A changing environmental landscape 2. Risk, resilience and environmental regulation: Using law to build resilience to climate change impacts. Jan McDonald 3. Resilience in environmental law: epistemic limitations and the role of participation. Ole W. Pedersen Part III: Inequality: the social and economic consequences of environmental law 4. Climate change, resilience, and the generation of risk-classes. Dean Curran 5. Transformative biodiversity law and Agenda 2030: mainstreaming biodiversity and justice through human rights. Claudia Ituarte-Lima 6. Inequalities in environmental risks and resilience within urban populations in low and middle income nations. David Satterthwaite Part IV: Governance 7. New environmental governance: adaptation, resilience and law. Cameron Holley and Ekaterina Sefranova 8. Science and the law: how will developments in attribution science affect how the law addresses compensation for climate change effects? Lindene Patton and Felicia H. Barnes. 9. Dialogue strategies for socio-ecological resilience and sustainability in China. Hua Wang. 10. Environmental risks and authoritarian resilience in China. Thomas Johnson Part V: Conclusion 11. Risk, Resilience, Inequality and Environmental Law: Prospects and Obstacles Bridget M. Hutter Index
£38.95
Edward Elgar Publishing Ltd Political Brands
Book SynopsisFrom 'I Like Ike' to MAGA hats, branding and politics have gone hand in hand, selling ideas, ideals and candidates. Political Brands is a unique exploration of the legal framework for the use of commercial branding and advertising techniques in presidential political campaigns, as well as the impact of politics on commercial brands. As American federal courts have narrowed the definition of corruption and struck down laws that make lying illegal, branding techniques have been exploited for pernicious purposes. This interdisciplinary book also considers how Donald Trump won the election and used his branding talents to his advantage as both candidate and president. Examining how branding and the power of commercial boycotts can be used by citizens to change public policy, from Civil Rights activists in the 1960's to survivors of the 2018 Parkland massacre, this thought-provoking book navigates the branded American landscape. Containing unique coverage of campaign finance issues, this book will be of great interest to academics working in law, government and political science, with the exploration of the myriad of advertising techniques also making this a key resource for media law and business professors.Trade Review'The law of democracy needs a new way to think about how ''free speech'' works. This beautifully crafted story of the place of ''brands'' within the minds of the political public is a powerful invitation. It is not clear how long the naively simplistic view of American courts about how speech works will survive. My bet is that this brilliant book by one of America's leading election lawyers has shortened its life substantially.' --Lawrence Lessig, Harvard University, US'More than ever, corporations are getting involved in hot-button political issues to protect their images and candidates eschew distinctive positions in favor of their party's ''brand''. In this insightful and revelatory book, Ciara Torres-Spelliscy shows how the Supreme Court, applying specious reasoning, read the Constitution to usher in this new era of political branding and profoundly deformed American politics.' --Adam Winkler, University of California, Los Angeles, US'Ciara Torres-Spelliscy has written a must-read synthesis and call to action for anyone who wants to understand the American political situation. She carefully and clearly unpacks the myriad ways the Supreme Court has bent laws governing elections into shapes that would have been unrecognizable thirty years ago. Read this book for clarity amid the anger, and consider the proposed set of plausible reforms as a constructive alternative to despair.' --John Coates, Harvard University, USTable of ContentsContents: Preface – Branding Itself Part I. The Legal Landscape 1. Branding Truth 2. Branding Corruption 3. Branding Corporations Part II. Branding Infecting Politics 4. Branding Partisanship 5. Branding Candidates on TV 6. Branding Candidates Online Part III. When Branding Gets Pernicious 7. Branding the News 8. Branding Treason 9. Branding Racism Part IV. Rejecting Toxic Brands 10. Branding Greed 11. Branding Boycotts 12. Branding Tragedy Epilogue – Needed Reforms Index
£110.00