Law and society, sociology of law Books
Encounter Books,USA Why We Must Defend the Electoral College
Book SynopsisIs the Electoral College “racist” and a “scam” as Rep. Alexandria Ocasio-Cortez claims? Or was Alexander Hamilton right when he declared that “if it be not perfect, it is at least excellent”? In this Broadside, Trent England explains why we have the Electoral College, how it shapes American politics, and why preserving it is necessary to maintain our republican form of government. With an organized campaign trying to hijack the constitution’s state-by-state system in favor of a direct election, now is the time for Americans to come to the defense of the Electoral College.
£7.59
Academica Press Enemies of the Innocent
Book SynopsisThe real "enemies of the innocent" – the vulnerable in society – are the visionaries: those intellectuals, idealists, philosophers, and social engineers who aim to destroy traditional values under the guise of an ideological social justice theory. Nils Haug's penetrating new book explores these critical challenges to our society with its established way of life. Long-standing political, legal, and cultural arrangements, with the essential freedoms inherent in the democratic political order, are under lethal threat. Yet, the core conflict is between Judeo-Christianity and heretical secular humanist, new age, neo-pagan ideologies, with focus on the deep issues of truth, personal identity, meaning, and purpose of life. These heresies are not new, originating in ancient times, but arising again to cause much discord in our culture.Trade ReviewA critical insight into malignant ideals devastating Western civilization"" - Peter Titlestad, Professor Emeritus of English Literature, University of Pretoria""A perturbing but necessary exploration of primary human values struggling for survival"" - Henk Stoker, Professor of Apologetics & Ethics, North-West University""The harmful effects of complex ideological forces threatening the legal and ethical order of society are revealed in this compelling study"" - Hilton Staniland, Professor of Law, Queen Mary University
£135.00
Skyhorse Publishing The Little Book of Race and Restorative Justice:
Book SynopsisIn our era of mass incarceration, gun violence, and Black Lives Matters, a handbook showing how racial justice and restorative justice can transform the African-American experience in America.This timely work will inform scholars and practitioners on the subjects of pervasive racial inequity and the healing offered by restorative justice practices. Addressing the intersectionality of race and the US criminal justice system, social activist Fania E. Davis explores how restorative justice has the capacity to disrupt patterns of mass incarceration through effective, equitable, and transformative approaches. Eager to break the still-pervasive, centuries-long cycles of racial prejudice and trauma in America, Davis unites the racial justice and restorative justice movements, aspiring to increase awareness of deep-seated problems as well as positive action toward change.Davis highlights real restorative justice initiatives that function from a racial justice perspective; these programs are utilized in schools, justice systems, and communities, intentionally seeking to ameliorate racial disparities and systemic inequities. Chapters include:Chapter 1: The Journey to Racial Justice and Restorative JusticeChapter 2: Ubuntu: The Indigenous Ethos of Restorative JusticeChapter 3: Integrating Racial Justice and Restorative JusticeChapter 4: Race, Restorative Justice, and SchoolsChapter 5: Restorative Justice and Transforming Mass IncarcerationChapter 6: Toward a Racial Reckoning: Imagining a Truth Process for Police ViolenceChapter 7: A Way ForwardShe looks at initiatives that strive to address the historical harms against African Americans throughout the nation. This newest addition the Justice and Peacebuilding series is a much needed and long overdue examination of the issue of race in America as well as a beacon of hope as we learn to work together to repair damage, change perspectives, and strive to do better.
£7.52
Sports Publishing LLC Tiger Woods's Back and Tommy John's Elbow:
Book SynopsisHow has today’s society changed because of Sandy Koufax, Tom Brady, or Tiger Woods? How have courtrooms and the law changed because of the tragic loss of a No. 1 NBA Draft Pick and a NASCAR driver? And what effect did Magic Johnson’s announcement regarding his HIV diagnosis have on the NBA and testing across the nation? Dr. Jonathan Gelber has compiled a list of impactful injuries and tragedies in Tiger Woods's Back and Tommy John’s Elbow: Injuries and Tragedies That Transformed Careers, Sports, and Society and the ripple effect they have had on players across several different sports and on society in general. Among the athletes featured in this book are:• Tommy John and how the surgery that bears his name may have led to a youth injury epidemic • Dale Earnhardt and how his devastating crash led to new rules and safety concerns for NASCAR and changes in privacy laws • Lyle Alzado and how the conversation on steroids was driven underground • Len Bias and how his death shaped today's drug laws • And many more!Trade Review“Not every sports book opens with a tale of combatting cobras in imperial India—but then, not every sports book is as original, informative, and entertaining as this one. Jonathan Gelber deploys medical knowledge and skillful storytelling to examine how the ripples of sporting injuries and tragedies can reach into broader society, prompting a search for solutions and cures that can have unintended and far-reaching consequences.”—Kieran Mulvaney, co-host of Showtime Boxing podcast "Dr. Gelber has given us a fascinating read on the far-reaching ripple effects of some of the most notable sports injuries and tragedies in history—the ones that touch you and me and everyone else. Jonathan Gelber's careful, Freakonomics-like approach reveals truths that most of us never knew existed."—Lars Anderson, New York Times best-selling author and longtime Sports Illustrated writer“A fascinating look at all sorts of big stories throughout the history of sports because it broaches many threads beneath them in ways most that may be familiar with the topic don’t realize some of the context. It takes you down a lot of different thought-provoking rabbit holes.”—Bruce Feldman, college football reporter for FOX Sports and The Athletic; author of Meat Market:Inside the Smash-mouth World of College Football Recruiting“Extremely well-researched book written by a qualified orthopedic surgeon who turns to history to show how injuries and tragedies in sports dramatically transformed athletes, their sports, and society. If you like sports—and care about athletes—it’s a must-read.”—Eddie Dominguez, author of Baseball Cop: The Dark Side of America’s National Pastime
£18.04
Troublemaker Press Slanted: How an Asian American Troublemaker Took
Book Synopsis
£17.09
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.
£18.66
Between the Lines Capitalism: A Crime Story
Book SynopsisIn Capitalism: A Crime Story, Harry Glasbeek makes the case that if the rules and doctrines of liberal law were applied as they should be according to law's own pronouncements and methodology, corporate capitalism would be much harder to defend.
£13.25
Emerald Publishing Limited Studies in Law, Politics and Society
Book SynopsisThis volume Studies in Law, Politics and Society contains a symposium on indigenous peoples in Latin America. It examines the ways rights are negotiated between those groups and the states in which they live. The articles in the symposium show the different ways the complex politics of rights play out in Latin American nations. They ask us to consider the way context is reflected in the political and legal life of indigenous peoples, and they consider various theoretical paradigms for understanding rights.Table of ContentsTable of Contents Part I: SYMPOSIUM: NEGOTIATING RIGHTS BETWEEN INDIGENOUS PEOPLES AND STATES IN LATIN AMERICA INTRODUCTION Kathleen M. Sullivan & Sandra Brunnegger INDIGENOUS PEOPLES IN CHILE: THE QUEST TO BECOME A CONSTITUTIONAL ENTITY Jorge Contesse, Universidad Diego Portales, Santiago, Chile BUILDING MAYAN AUTHORITY AND AUTONOMY: THE RECOVERYA" OF INDIGENOUS LAW IN POST-PEACE GUATEMALA Rachel Sieder, Centro de Investigaciones y Estudios Superiores en Antropologia Social (CIESAS), Mexico City and Michelsen Institute, Bergen LEGAL IMAGINARIES: RECOGNIZING INDIGENOUS LAW IN COLOMBIA Sandra Brunnegger, St Edmund's College, University of Cambridge, UK REORGANIZING INDIGENOUS-STATE RELATIONS IN CHILE: PROGRAMA ORAiGENES AND PARTICIPATORY GOVERNANCE Kathleen M. Sullivan, California State University Los Angeles, California, USA Part II: GENERAL ARTICLES RACIAL SPECTACLES: PROMOTING A COLORBLIND AGENDA THROUGH DIRECT DEMOCRACY Angelique M. Davis and Rose Ernst, Seattle University, Washington, USA NORBERTO BOBBIO (1909-2004) AND LAW: A CENTENNIAL TRIBUTE Teresa Chataway, Griffith University, Queensland, Australia
£90.99
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 Special Issue: Human Rights: New
Book SynopsisVolume 56 of "Studies in Law, Politics, and Society" presents the latest scholarship on human rights. The work contained in this volume examines both the theoretical dimensions and dilemmas of human rights in the modern world and particular cases in which the problems and possibilities of human rights are examined. Taken together the contributions point to a need for more searching examination of the way human rights work and highlight the contribution of human rights to the advancement of claims for justice. "Studies in Law, Politics, and Society" is a leading socio-legal publication that truly embraces innovative, theoretically informed, interdisciplinary legal scholarship.Table of ContentsList of Contributors. EDITORIAL BOARD. Self-Ownership and Self-Alienation: Three Case Studies. Constitutive Paradoxes of Human Rights: An Interpretation in History and Political Theory. Finding a Place for Marginal Migrants in the International Human Rights System. Why the Underutilization of Child Rights in Global Mobilization? The Cases of Female Genital Cutting Practices and User Fees for Education. The Bottom up Journey of “Defamation of Religion” from Muslim States to the United Nations: A Case Study of the Migration of Anti-Constitutional Ideas. The State Action Doctrine in International Law. Special Issue Human Rights: New Possibilities/New Problems. Studies in law, politics, and society. Studies in law, politics, and society. Copyright page.
£90.99
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
Emerald Publishing Limited Special Issue: The Discourse of Judging
Book SynopsisThis special issue of Studies in Law, Politics, and Society focuses on the discourse of judging and the "language of judging" within many diverse legal scenarios. The volume features chapters specifically on: the "language of rights" within the context of abortion and same-sex marriage cases; discourses within the European Court of Justice; the modern-day place of politics in the US Supreme Court; and discussions on the two-court crisis which lead to the US Constitutional Convention of 1849. The chapters question the complex and conflicting relationship between politics and the law, understanding judicial independence, and offer an analysis of how the literary narrative of law plays a significant part in the delivery of legal judgement.Table of ContentsList of Contributors. EDITORIAL BOARD. Judging Without Rights: Public Reason and the Counter-Majoritarian Difficulty. On Politics and Law: Recovering the Pritchett Synthesis. “Don't they Understand Judicial Independence?” Discourses of Judging in Undergraduate Legal Studies Classrooms: Judicial Retention and Same-Sex Marriage Rulings. Kentucky's Constitutional Crisis and the Many Meanings of Judicial Independence. Nomos and Form: Reading A Jury of Her Peers. Talking about the European Court: Discourses of Judging in the European Union. Special Issue: The Discourse of Judging. Studies in law, politics, and society. Studies in law, politics, and society. Copyright page.
£98.99
Emerald Publishing Limited Research in Law and Economics
Book SynopsisSince 1979 Research in Law and Economics has been presenting original research that explores the extent to which the constraints of law explain economic behavior and the role of economics in forming the law. The first chapter in this volume proposes three different definitions for market power from an antitrust perspective. Chapter two suggests a new means of measuring market power by moving away from traditional indicators of averaging industry profits. The third chapter is an analysis of efforts exerted and utilities obtained in a double lawsuit. Chapter four surveys recent developments in economics of contract interpretation. The fifth chapter examines the impact of changes in foreign exchange legislation on the levels of R&D undertaken by pharmaceutical firms in India. Chapter six addresses the role of transaction costs in explaining governance in environmental economics can play in helping choose environmental policy tools. The final chapter is an examination of economic evidence relating to the allegations in litigation against cigarette manufacturers.Table of ContentsList of Contributors. Introduction. Market Power Revisited. Accounting Profits and Ricardian Rents: An Application to Antitrust Enforcement. Resource Distribution in a Double Lawsuit. Economics of Contract Interpretation. Legal Regime Change and Innovation: Foreign Exchange Regulations and Pharmaceutical Sector R&D in India. How can Transaction Cost Economics Help Regulators Choose Between Environmental Policy Instruments?. Economic Analysis of Allegations in Cigarette Litigations and the Impact of FTC Regulation. Research in Law and Economics. Research in Law and Economics. Research in Law and Economics. Copyright page.
£92.99
Lefebvre Sarrut Belgium nv (Intersentia) Public Forgiveness in PostConflict Contexts
Book Synopsis
£56.05
Intersentia Ltd Historical Memory and Criminal Justice in Spain:
Book SynopsisThe Spanish transition from the Franco regime to democracy has not been a very popular subject amongst researchers examining transitional justice at the international level. However, Spain presents certain peculiarities that make it an interesting case in which to explore comparative law and sociology. It has sometimes been seen as a model of peaceful transition, but has also been labelled as an example of an "amnesic" transition to a democratic system in which victims' rights, justice and truth were forgotten. In contrast to other transitions, demands of justice were not expressed during what was the purely transitional period, but they have been on the increase since then. That is why, in this case, we can speak of "post-transitional justice" or, more properly, of "late transitional justice". This book analyses, above all, the laws, policies and judicial decisions adopted in Spain that were related to the construction of the past and could therefore be understood as measures of transitional justice. By comparing this experience with transitional decisions adopted in other countries, the book highlights the main features of the Spanish case and the lessons that can be learned from it. Measures adopted during the transitional period, such as the amnesty and subsequent decisions aimed at giving some kind of partial reparation to the victims of the repression, are here studied. Demands for reviewing the past, the 2007 Act of Historical Memory, and the controversial use of criminal justice are also considered. Criminal Law is hardly applicable to the facts of the past, but the purely amnesic option can no longer be defended. Therefore, the author proposes a plan of action including different measures, such as the creation of a commission of memory, which would be in charge of investigating not only violent crimes or torture, but also other related crimes, including child abduction and politically motivated unlawful adoptions and those perpetrated in a systematic way during the Dictatorship. A victim-centred approach requires ensuring that each victim has the right to be considered on the basis of his or her own suffering, needs and rights and not as a member of a large group.Table of ContentsChapter 1. Introduction Chapter 2. Transitional Justice and the Spanish Case 1. Theoretical background: models of transitional justice 2. Transitional justice and historical memory 3. Victims' rights 3.1. The triad of truth, justice and reparation 3.1.1. Truth 3.1.2. Justice 3.1.3. Reparation 3.2. The development of international law: the basic principles 3.3. New victims' rights within a transitional context: identity and personal memory 4. Evaluating the Spanish case 4.1. Time 4.2. The symmetry and asymmetry of victimisation 4.3. The weakness of democratic forces 4.4. A smooth and non-violent transition Chapter 3. The Burden of Spain's 20th Century History 1. Introduction 2. The battle for memory 3. The democratic experience of the Republic 4. The denial of democracy leads to war 5. Dictatorship, repression and memory according to the victors 6. The difficult relationship between Spanish democracy and its uncomfortable history Chapter 4. The Repression and Its Legal Structure 1. Basis of the repression 2. Depuration 3. Criminal law under Francoism 4. Large legislation on criminal matters 5. The Penal Code of 1944 5.1. Moral and religious inspiration 5.2. A socially insensitive criminal justice system 5.3. A "criminal law of author" 5.4. Sexism 6. Victor's justice and retaliation: the Causa General Chapter 5. A Transition without Justice? 1. The "Spanish model": rhetoric about reconciliation and a decision not to look back to the past 2. Amnesty 3. The Constitution of 1978: rule of law, institutionalisation of the democratic state and legal reform 4. Repairing the past: gradual and partial measures of reparation 5. The victim's policy Chapter 6. Questioning the Transition: Late Transitional Justice? 1. A new social and political context 2. Social activism 3. The political response 4. Evaluating the transition Chapter 7. The Historical Memory Act and Its Implementation 1. General remarks 2. Rehabilitation of condemned persons 3. Reparation 4. The exhumation and identification of the victims 5. Social reaction and implementation 6. The Catalan Mass Graves Act 2009 7. New provisions concerning the declaration of death Chapter 8. Prosecuting the Crimes of Francoism 1. Precedents 1.1. An exceptional case for prosecution 1.2. Prosecution of crimes committed in other countries 1.2.1. Universal jurisdiction 1.2.2. Chile 1.2.3. Argentina 1.2.4. Guatemala 1.2.5. Sahara 1.2.6. From absolute universal jurisdiction to its legal restriction 1.2.7. Cases with Spanish victims of on-going prosecution 1.2.8. An internal echo: the Paracuellos case 2. A judicial decision to prosecute the crimes of Francoism and its consequences 2.1. The Garzon case 2.2 An overview from the procedural perspective Chapter 9. Is Criminal Prosecution Viable? The Theoretical Debate 1. The legal description of crimes and the problem of retroactivity 1.1. Crimes against humanity under Spanish criminal law 1.2. An appeal to natural law 1.3. An appeal to international criminal law 1.4. Convictions for other crimes 1.4.1. An innovative solution? 1.4.2. Murder 1.4.3. Forced disappearances 2. Prescription 3. The Amnesty Act 3.1. Amnesty under Spanish law 3.2. Types of amnesty 3.2.1. Self-amnesty 3.2.2. Individualised and conditional amnesties 3.2.3. General amnesty aimed at peacekeeping 3.3. The legitimacy of amnesty laws 3.4. Th e effects of the Spanish Amnesty Act 4. The lost children of Francoism 5. Abduction of minors and unlawful adoptions Chapter 10. Seeking Justice more than Thirty Years after the Transition 1. What kind of justice and for which victims? 2. Recognising the limits of criminal justice 3. Why not a truth commission? Bibliography Internet resources Appendix. Spanish Historical Memory Act
£62.70
Intersentia Ltd Technology, the Global Economy and other New
Book SynopsisThis is a fresh and stimulating book on new challenges for civil justice. It brings together leading experts from across the world to discuss relevant topics of civil justice from regional, cross-border, international and comparative perspectives. Inter alia, this book will focus on multinational rules and systems of dispute resolution in the era of a global economy, while also exploring accountability and transparency in the course of civil justice. Transnational cooperation in cross-border insolvency, regionalism in the process of recognition and enforcement of foreign titles, and the application of electronic technologies in judicial proceedings, including new types of evidence also play a major role.Technology, the Global Economy and other New Challenges for Civil Justice is a compact and accessible overview of new developments in the field from across the world and written for those with an interest in civil justice.Table of ContentsPART I. OVERVIEW OF THE FUTURE OF CIVIL JUSTICE AND THE NEW CHALLENGES FACING IT. Modern Computer-Related Technology and Judicial Procedure: Welcome Friend or Uninvited Troublemaker? (p. 3) On the Future of Civil Procedure: Should One Adapt or Resist? (p. 17) Technology, the Global Economy and New Concepts in Civil Procedure (p. 45) PART II. NEW CHALLENGES AND THEIR VARIOUS ASPECTS: MULTINATIONAL RULES AND SYSTEMS OF DISPUTE RESOLUTION. Multinational Rules and Systems of Dispute Resolution in an Era of the Global Economy (p. 61) Awards Set Aside in their Country of Origin: Two Incompatible Schools of Thought (p. 99) Rethinking Multinational Procedure (p. 121) PART II. NEW CHALLENGES AND THEIR VARIOUS ASPECTS: ACCOUNTABILITY AND TRANSPARENCY. Accountability and Transparency of Civil Justice (p. 133) Accountability and Transparency of Civil Justice: A Comparative Perspective (p. 165) PART II. NEW CHALLENGES AND THEIR VARIOUS ASPECTS: TRANSNATIONAL COOPERATION IN CROSS-BORDER INSOLVENCY. Transnational Cooperation and Coordination in Cross-Border Insolvency: China, South Korea and Japan (p. 187) Transnational Cooperation in Cross-Border Insolvency (p. 193) PART II. NEW CHALLENGES AND THEIR VARIOUS ASPECTS: RECOGNITION AND ENFORCEMENT OF FOREIGN TITLES. Regionalism in the Process of Recognition and Enforcement of Foreign Titles (p. 265) Regionalism in the Process of Recognition and Enforcement of Foreign Titles: Civil Law Jurisdictions (p. 319) PART II. NEW CHALLENGES AND THEIR VARIOUS ASPECTS: ELECTRONIC TECHNOLOGIES IN JUDICIAL PROCEEDINGS. Application of New Technologies in Judicial Proceedings (p. 381) The Application of Electronic Technologies in Judicial Proceedings (p. 395) PART II. NEW CHALLENGES AND THEIR VARIOUS ASPECTS: NEW TYPES OF EVIDENCE. Present and Future Issues Regarding New Types of Evidence: Electronic and Digital Evidence in Particular (p. 429) The New Challenges of Evidence Law in the Fourth Industrial Revolution (p. 477)
£134.90
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
£220.40
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’
£785.65
Emerald Publishing Limited Special Issue: The Legacy of Stuart Scheingold
Book SynopsisThis special issue of Studies in Law, Politics, and Society is dedicated to the life and work of beloved legal scholar Stuart Scheingold. The articles brought together in this volume articulate the inspiring contribution Scheingold made to political science and law and society. The final chapter "Rights, Community, and Democracy: A Socio-Legal Critique of the Neoconservative Case against Rights" is a work authored by Stuart Scheingold which has been completed by his co-author and is published here for the first time. This volume shows how Scheingold helped to bridge the differences between how rights are expressed within the law, and how they are actually put into practice. Centering on the theme of "the myth of rights" the chapters discuss diverse aspects of society, crime, politics, and law; most specifically street crime, immigration and crime control policies, political criminology and urban social control, race and "displaced anxiety" within communities in the US, and animal rights.Table of ContentsList of Contributors. EDITORIAL BOARD. Introduction: Stuart Scheingold, a Personal Reflection. The Myth of the Myth of Rights. “A Madman Full of Paranoid Guile”: The Myth of Rights in the Modern American Mind. Novelty and the Politics of Rights. Political Criminology, the Plural State, and the Politics of Affect. Phantom Racism and the Myth of Crime and Punishment. Putting Politics in its Place: Reflections on Political Criminology, Immigration and Crime. Imagining Otherness: The Political Novel and Animal Rights. Scheingold's Failure: His Finest Book. Rights, Community, and Democracy: A Sociolegal Critique of the Neoconservative Case Against Rights. Special Issue: The Legacy of Stuart Scheingold. Studies in law, politics, and society. Studies in law, politics, and society. Copyright page.
£98.99
Emerald Publishing Limited Studies in Law, Politics, and Society
Book SynopsisThis volume of Studies in Law, Politics and Society brings together an international spread of legal scholars, presenting a varied collection of chapters. Chapters include: child abduction during the military dictatorship in Argentina; a novel approach to empirical research on legal framing from the University of California, Berkeley; the role of silence in law and film from Israel; a chapter from Sweden on the use of video in the court of appeal; and finally two chapters on the supreme court in the USA, one looking at influences through social capital on supreme court decision makers and the second looking at the self-perception and public perception of the supreme court.Table of ContentsList of Contributors. EDITORIAL BOARD. Redefining the Abduction of Children: Legal Truth in Post-Dictatorial Argentine Courts of Law. Legal Framing. The Silent Defendant: Some thoughts on Law and Film. A Modern Trial: A Study of the Use of Video-Recorded Testimonies in the Swedish Court of Appeal. “It’s the Network”: The Federalist Society as a Supplier of Intellectual Capital for the Supreme Court. The Supreme Court: An Autobiography. Studies in law, politics, and society. Studies in law, politics, and society. Studies in law, politics, and society. Copyright page.
£98.99
Emerald Publishing Limited From Economy to Society: Perspectives on
Book SynopsisThis special issue asks what role society can play in the regulation of transnational risks, as an alternative to or at least significant addition to reliance on state regulatory activity and the myth of the self-regulatory capacity of markets (Stiglitz, 2001, p. xiii). How can a social sphere contribute to the prevention and management of risks, often transnational in nature, posed by economic activity? Leading socio-legal scholars explore whether and how the idea of harnessing the regulatory capacity of a social sphere provides a new analytical lens that can provide fresh insights into transnational risk regulation, and whether this idea helps to identify innovative approaches to regulating transnational risks.Table of ContentsAfter a romantic aspiration to society: Harnessing the regulatory capacity of a social sphere. Polanyi in an hourglass: The two lives of a sociological classic. A systems theory perspective on polanyi’s great transformation: The case of financial derivative contracts. From Polanyi to discourse theory. How markets work: The lawyer’s version. Sovereign debt restructuring in the Eurozone: A polanyian reading of private law enforcement. Defiance in the social sphere: The complexity of risk regulation in the case of fair trade. “Etiquette and magic”: Between embedding and embedded corporate social responsibility. Emotions and risk regulation. Trust and regulation: Insights from the mining industry. Separate spheres? The cultural contradictions of markets. From economy to society? Perspectives on transnational risk regulation. Studies in law, politics, and society. From economy to society? Perspectives on transnational risk regulation. Copyright page. List of Contributors. EDITORIAL BOARD.
£97.99
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
£202.35
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
£44.60
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
£109.25
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
£197.60
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
Emerald Publishing Limited Studies in Law, Politics and Society
Book SynopsisThis volume of Studies in Law, Politics and Society brings together the work of scholars of several different generations and several different national contexts. The articles published here feature both cutting edge issues of major interest to policy makers and activists as well as those that address venerable issues in the interdisciplinary study of law. They illuminate family law, the way law deals with children, international human rights, and the way law deals with injury and damages claims.Table of ContentsWhere injury or damage is feared: Peace bonds as counter-law?. The gracious spaces of children’s law: Innocence and culpability in the construction of a children’s court. The dialectics of wrongful life and wrongful birth claims in Israel: A disability critique. Human rights in context: International law and spatial injustice in New Orleans, Louisiana. Mitigation versus individualism: Examining judges’ capital sentencing decisions. EDITORIAL BOARD. List of Contributors. Studies in law, politics, and society. “Families in all their subversive variety”: Overrepresentation, the ethnic child protection penalty, and responding to diversity while protecting children. Studies in law, politics, and society. Studies in law, politics, and society. Copyright page.
£97.99
Emerald Publishing Limited Special Issue: The Beautiful Prison
Book SynopsisIn The Beautiful Prison incarcerated Americans and prison critics seek to imagine the prison as something better than a machinery of suffering. From personal testimony to theoretical meditation these writers explore and confront the practical and cultural limits the prison places on its transformation into a socially constructive institution. Long-term prisoner Kenneth E. Hartman engages the reader in his struggle to find beauty inside the increasingly bleak and sterile confines of the California Department of Corrections. Chuck Jackson releases his imagination on Houston's notorious Harris County Jail to envision a jailhouse transformed into a university, community, and arts center. Between the grip of the CDC and utopian vision, Leder, Ginsburg, Pinkert, and Brown report on their practical and theoretical work to understand what the prison has been and might be. The Beautiful Prison suggests that any passage from 'ugly prisons' into institutions serving the greater good will only be possible when the will and intellectual capital of their inhabitants are met by free-world critics ready to challenge assumptions of the prison acting solely as an apparatus of punishment.Table of ContentsSearching for the beautiful prison. Introduction. The enlightened prison. Knowing that we are making a difference: A case for critical prison programming. Rethinking the humanities through teaching the holocaust in prison. Of prisons, gardens, and the way out. What blooms: The jailhouse, inside out. Special Issue: The beautiful prison. List of Contributors. Studies in law, politics, and society. EDITORIAL BOARD. Special Issue: The beautiful prison. Copyright page. Searching for the beautiful prison. Introduction. The enlightened prison. Knowing that we are making a difference: A case for critical prison programming. Rethinking the humanities through teaching the holocaust in prison. Of prisons, gardens, and the way out. What blooms: The jailhouse, inside out. Special Issue: The beautiful prison. List of Contributors. Studies in law, politics, and society. EDITORIAL BOARD. Special Issue: The beautiful prison. Copyright page.
£97.99
Bloomsbury Publishing PLC Beasts and Gods: How Democracy Changed Its Meaning and Lost Its Purpose
Book SynopsisDemocracy does not deliver on the things we have assumed are its natural outcomes. This, coupled with a growing sense of malaise in both new and established democracies forms the basis to the assertion made by some, that these are not democracies at all. Through considerable, impressive empirical analysis of a variety of voting methods, across twenty different nations, Roslyn Fuller presents the data that makes this contention indisputable. Proving that the party which forms the government rarely receives the majority of the popular vote, that electoral systems regularly produce manufactured majorities and that the better funded side invariably wins such contests in both elections and referenda, Fuller’s findings challenge the most fundamental elements of both national politics and broader society. Beast and Gods argues for a return to democracy as perceived by the ancient Athenians. Boldly arguing for the necessity of the Aristotelian assumption that citizens are agents whose wishes and aims can be attained through participation in politics, and through an examination of what “goods” are provided by democracy, Fuller offers a powerful challenge to the contemporary liberal view that there are no "goods" in politics, only individual citizens seeking to fulfil their particular interests.Trade ReviewA visionary thought experiment...guaranteed to make you think differently about the trillion dollar bureaucracies we call democracy today. * Forbes *There is no doubting the timeliness of Fuller’s contribution to the ongoing debates over the future of democratic government. * The European Legacy *Beasts and Gods is a timely and provocative look behind the clichés of Western politics. It recognises that government of the people, by the people, is not what our current democracies feel like to most of their citizens. Fuller returns to the roots of democracy in classical republican practice and rediscovers the sources of the renewal that is urgently required. Her optimism makes this not just a challenging book but a heartening one. * Fintan O’Toole, deputy editor, Irish Times *Fuller’s is a timely book, laying out the myriad problems with modern democracy in plain English. Anyone concerned with the lack of participation in our modern democracies must read this. * Jillian York, director of International Freedom of Expression at the Electronic Frontier Foundation *Beasts and Gods provides a fascinating contrast between democracy in theory and democracy in practice. It deconstructs the assumptions underlying representative democracy, and debunks the fiction that modern elections are “free and fair”. This provocative book draws on lessons from ancient Greece, while advocating direct democracy by decoupling economics from politics. * Marjorie Cohn, professor of law, Thomas Jefferson School of Law *Everyone interested in rethinking democracy in the digital age should read this book. The old ways of governing are dying, and Beasts and Gods offers timely and provocative ideas on how to finally make people power a reality. * Micah Sifry, author of Wikileaks and the Age of Transparency *Fuller takes the much needed leap from pointing out what’s wrong with our democracies to proposing a parallel system based on democracy’s original foundations. It’s a strong reminder that democracy is and must always be a work in progress, or it won’t be a democracy at all. * Pía Mancini, democracy activist and co-founder of DemocracyOS *Every now and then Modern society throws up someone who questions its most cherished myths. The how and why of it deserves a book in its own right. Roslyn Fuller is one such, and, in this work, she takes on a holy cow, Democracy, that the West loves to believe it invented (like all good things). She is a young scholar, but gifted with the right intuition, attitude, and talent to take it on, full frontal, from A to Z. As such the book is a refreshing, and highly timely, tour de force, putting both conventional apologetics and hoary critiques to shame. It dares us to rethink the myth, and perhaps even to, finally, infuse some real content to it – before we are all entrapped in irreversible Oligarchy. * Rajani Kanth, Harvard University *Table of ContentsIntroduction: What is Democracy? Part I 1. Democracy in Athens: People Power is Born 2. The Myth of Representation 3. Buying and Selling Elections 4. Participation: Bought In or Locked Out? 5. Modern Democracy and the International System: A Perfect Storm 6. Non-Governmental Organizations and the Civil Society Chimera 7. How Did Things Get to Be this Way? The Roman Republican System and the Founding Fathers of America Part II 8. The Way Forward: Digital Democracy 9. Disinformed is Disenfranchised: Why Taming Mass Media is a Necessary Step towards Democracy 10. Democracy and Dissent: The Balance between Individual and Community 11. Direct Democracy Today: Cutting the Gordian Knot
£17.99
Emerald Publishing Limited Special Issue: Law and the Liberal State
Book SynopsisThis special issue of Studies in Law, Politics and Society focuses on law and the liberal state; presenting an interdisciplinary and multifaceted approach to analysis of law and liberty. The first chapters focus on law's direct relationship with the American liberal state. John P. Anderson defends John Rawl's pragmatism; Adelaide Villmoare and Peter Stillman consider the 'Janus faces of law', a double vision of law where both sides of the face adhere to one another through neoliberalism; and Timothy Delaune examines jury nullification. The remaining chapters then go on to consider specific applications of the law within society. Susan Burgess provides a critical account of what implications the inclusion of gays in the US military has for understanding the means by which the liberal state uses law to include the previously excluded. Daniel Skinner then problematizes the body politics of American liberalism, as viewed through the lens of health policy and the final chapter from Beau Breslin and Katherine Cavanaugh explores how various legal and judicial policies have highlighted the clash between the state's imperial authority and Native American narratives.Table of ContentsThe Neoliberal State’s Janus Faces of Law. Trading Truth for Legitimacy in the Liberal State: Defending John Rawls’s Pragmatism. Jury Nullification: An Illiberal Defense of Liberty. Gays in the Military: Toward a Critical Civil Rights Account. Health Care and the Disembodied Politics of American Liberalism. Nomos and Native American Narratives: The Duality of Law in the Liberal State. Special Issue: Law and the Liberal State. Studies in law, politics and society. Special Issue: Law and the Liberal State. Copyright page. List of Contributors. EDITORIAL BOARD.
£97.99
Emerald Publishing Limited Studies in Law, Politics and Society
Book Synopsis"The articles in this volume of Studies in Law, Politics, and Society cover an exciting and diverse range of topics relating to law's relationship with and impact on society. Two articles cover immigration, but from very different perspectives. One examines the legal-cultural attitude of immigrants from the former Soviet Union to Israel while the other investigates US Immigration Policy and the notion of 'child saving'. Other articles cover the institutional dynamics of same-sex marriage debates in America; the anti-strip mining movement in central Appalachia; an analysis of the death penalty in Maricopa County, Arizona, one of the most active death penalty locales in the contemporary U.S; and affirmative defenses at the International Criminal Court."Table of ContentsRights Discourse and the Mobilization of Bias: Exploring the Institutional Dynamics of the Same-Sex Marriage Debates in America. Unearthing a Network of Resistance: Law and the Anti-Strip Mining Movement in Central Appalachia. Racist Localisms and the Enduring Cultural Life of America’s Death Penalty: Lessons from Maricopa County, Arizona. Toward Justice: Neuroscience and Affirmative Defenses at the ICC. While in Rome, Do as Romans Do? Persistence of Legal Culture: The Case of Immigrants from the Former Soviet Union to Israel. US Immigration Policy and the 21st Century Conundrum of “Child Saving”: A Human Rights, Law and Social Science, Political, Economic, and Philosophical Inquiry. Copyright page. EDITORIAL BOARD. Studies in law, politics, and society. List of Contributors. Studies in law, politics, and society. Studies in law, politics, and society.
£92.99
Emerald Publishing Limited Special Issue: Thinking and Rethinking
Book SynopsisThis special issue of Studies in Law, Politics, and Society focuses on the issue of copyright. The papers contain critical analysis and investigation into existing copyright law and provide insight for policymakers and commentators. The papers contain a range of analyses on issues of copyright. Highlights of the volume include the an examination of three difference aspects of the 1976 Copyright Act, focusing on fair use, statutory damage and formalities; an interesting analysis of the distinction between authentic and 'inauthentic' drawing on the examples of authenticated artwork and counterfeit luxury goods; and an everyday narrative of copyright by examining the laymen understanding of the term, based on comments sections of websites where users post their reactions to copyright-related stories.Table of ContentsTales of the Unintended in Copyright Law. Dialogues of Authenticity. Subject Matter, Scope, and User Rights in Copyright Law. Property without Bounds and the Mythology of Common Law Copyright. The Everyday Lives of Copyright. EDITORIAL BOARD. List of Contributors. Copyright page. Special Issue: Thinking and Rethinking Intellectual Property. Special Issue: Thinking and Rethinking Intellectual Property. Studies in law, politics, and society.
£92.99
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
£198.55
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
£96.90
Anthem Press A City Divided: Race, Fear and the Law in Police
Book SynopsisA City Divided tells the story of the case involving 18-year-old Jordan Miles and three Pittsburgh police officers. David Harris, a resident of Pittsburgh and the Sally Ann Semenko Chair at the University of Pittsburgh School of Law, describes what happened, explaining how a case that began with a young black man walking around the block in his own neighborhood turned Pittsburgh inside out, resulted in two investigations of the police officers and two federal trials. Harris, who has written, published and conducted research at the intersection of race, criminal justice and the law for almost thirty years, explains not just what happened but why, what the stakes are and, most importantly, what we must do differently to avoid these public safety catastrophes.Trade ReviewDavid Harris’s interview about the book launch event on Pittsburgh's NPRAn article about the A City Divided book launch event on 14 January 2020 published in Pittsburgh Post Gazette“Telling real stories about justice and fairness is essential to creating a better and more just society for everyone. In A City Divided, David Harris tells the story of an incident of police/citizen violence that shows us how things go wrong on the street, and how racial bias fear poison our investigations and legal process. This book demands the attention of police, of government officials, and of every citizen who believes that justice is something our country can't do without.” —Lynn Novick, Emmy and Peabody Award-Winning Documentary Filmmaker; Director of College Behind Bars; and Co-director of The Vietnam War (with Ken Burns)“A City Divided helps us understand how race and fear have poisoned the vital relationship between police and the communities they serve. This story of a violent clash between an African American high school student and three police officers makes a compelling case for policing that respects all people while reducing crime. David Harris lays out not just what’s wrong, but how to fix it.” —Matthew Horace, CNN and WSJ Contributor, 28-Year Law Enforcement Veteran, and Author of The Black and the Blue: A Cop Reveals the Crimes, Racism and Injustice in America’s Law Enforcement“A City Divided shows us what happens when police and those they serve lose sight of each other, and fear takes over.” —Miriam Aroni Krinsky, Former Prosecutor and Executive Director, Fair and Just Prosecution“The story of Jordan Miles’s arrest in Pittsburgh is a microcosm of our ongoing national dilemma of race and policing, and Harris tells it to great effect.” —Jack Glaser, Professor, Goldman School of Public Policy, University of California, Berkeley, USA, and Author of Suspect Race: Causes and Consequences of Racial ProfilingA City Divided is an important look into one of the main issues facing criminal justice today. The author does an excellent job of walking the tightrope between blanket criticism of police as being uncompromisingly racist, but instead, takes a dispassionate approach to explore the issues that shape how police officers do their job, how they are trained, and how things like the “warrior mentality” create problems. This book is a must-read for anyone interested in a better understanding of the complicated issues related to race, crime, and policing today. - Brandon T. Jett, Professor of History, Florida SouthWestern State College.Table of Contents1. The Incident; Part I: What Happened?; 2. The People and the Places; 3. The Immediate Aftermath; 4. Investigations and Decisions; 5. The Remaining Arena: Civil Litigation; Part II: Why Did This Happen?; 6. The Poison of Race; 7. How Fear Impacts the Police; 8. How Fear Impacts Black Americans; 9. If He Didn’t Do Anything, Then Why Did He Run?; Part III: Was Justice Served?; 10. The First Trial: Jordan’s Case; 11. The First Trial: The Police Case; 12. The Second Trial; Part IV: What’s Next?; 13. What Can We Do?; Epilogue; Glossary; Index.
£72.00
Anthem Press A City Divided: Race, Fear and the Law in Police
Book SynopsisA City Divided tells the story of the case involving 18-year-old Jordan Miles and three Pittsburgh police officers. David Harris, a resident of Pittsburgh and the Sally Ann Semenko Chair at the University of Pittsburgh School of Law, describes what happened, explaining how a case that began with a young black man walking around the block in his own neighborhood turned Pittsburgh inside out, resulted in two investigations of the police officers and two federal trials. Harris, who has written, published and conducted research at the intersection of race, criminal justice and the law for almost thirty years, explains not just what happened but why, what the stakes are and, most importantly, what we must do differently to avoid these public safety catastrophes.Trade ReviewDavid Harris’s interview about the book launch event on Pittsburgh's NPRAn article about the A City Divided book launch event on 14 January 2020 published in Pittsburgh Post Gazette“Telling real stories about justice and fairness is essential to creating a better and more just society for everyone. In A City Divided, David Harris tells the story of an incident of police/citizen violence that shows us how things go wrong on the street, and how racial bias fear poison our investigations and legal process. This book demands the attention of police, of government officials, and of every citizen who believes that justice is something our country can't do without.” —Lynn Novick, Emmy and Peabody Award-Winning Documentary Filmmaker; Director of College Behind Bars; and Co-director of The Vietnam War (with Ken Burns)“A City Divided helps us understand how race and fear have poisoned the vital relationship between police and the communities they serve. This story of a violent clash between an African American high school student and three police officers makes a compelling case for policing that respects all people while reducing crime. David Harris lays out not just what’s wrong, but how to fix it.” —Matthew Horace, CNN and WSJ Contributor, 28-Year Law Enforcement Veteran, and Author of The Black and the Blue: A Cop Reveals the Crimes, Racism and Injustice in America’s Law Enforcement“A City Divided shows us what happens when police and those they serve lose sight of each other, and fear takes over.” —Miriam Aroni Krinsky, Former Prosecutor and Executive Director, Fair and Just Prosecution“The story of Jordan Miles’s arrest in Pittsburgh is a microcosm of our ongoing national dilemma of race and policing, and Harris tells it to great effect.” —Jack Glaser, Professor, Goldman School of Public Policy, University of California, Berkeley, USA, and Author of Suspect Race: Causes and Consequences of Racial ProfilingA City Divided is an important look into one of the main issues facing criminal justice today. The author does an excellent job of walking the tightrope between blanket criticism of police as being uncompromisingly racist, but instead, takes a dispassionate approach to explore the issues that shape how police officers do their job, how they are trained, and how things like the “warrior mentality” create problems. This book is a must-read for anyone interested in a better understanding of the complicated issues related to race, crime, and policing today. - Brandon T. Jett, Professor of History, Florida SouthWestern State College.Table of Contents1. The Incident; Part I: What Happened?; 2. The People and the Places; 3. The Immediate Aftermath; 4. Investigations and Decisions; 5. The Remaining Arena: Civil Litigation; Part II: Why Did This Happen?; 6. The Poison of Race; 7. How Fear Impacts the Police; 8. How Fear Impacts Black Americans; 9. If He Didn’t Do Anything, Then Why Did He Run?; Part III: Was Justice Served?; 10. The First Trial: Jordan’s Case; 11. The First Trial: The Police Case; 12. The Second Trial; Part IV: What’s Next?; 13. What Can We Do?; Epilogue; Glossary; Index.
£19.00
Berghahn Books Honour and Violence: Gender, Power and Law in
Book Synopsis The practice of karo kari allows family, especially fathers, brothers and sons, to take the lives of their daughters, sisters and mothers if they are accused of adultery. This volume examines the central position of karo kari in the social, political and juridical structures in Upper Sindh, Pakistan. Drawing connections between local contests over marriage and resources, Nafisa Shah unearths deep historical processes and power relations. In particular, she explores how the state justice system and informal mediations inform each other in state responses to karo kari, and how modern law is implicated in this seemingly ancient cultural practice.Trade Review “By examining the circumstances of the violence itself, Shah offers insights into the complex factors motivating honour violence. This study is therefore a significant and welcome addition to the anthropology of honour that, I believe, will change the way we understand honour killings, not only in Pakistan but in any place where people cover up their violence by resorting to arguments of honour.” • Anthropos “As the first sustained ethnographic analysis of accusations and killings in the name of honour, it is an important work that will be of interest, not just to legal anthropologists, but also to gender studies and the anthropology of the state.” • South Asia: Journal of South Asian Studies “This is an extremely impressive achievement that makes a significant and substantial contribution to the ethnography of Pakistan and to the broader field of legal anthropology.” • Hastings Donnan, Queen's University of Belfast “This landmark study offers a new perspective for understanding and dealing with honour-related violence, demonstrating that honour does not lead to violence but that such violence is strategy ‘masked in honour’.” • Alison Shaw, University of Oxford “[Shah] presents her argument with fluency, creativity, and a rare humanistic sensitivity. This has all of the elements that allow a study to age into a classic.” • Mohammad Talib, Oxford Centre for Islamic StudiesTable of Contents List of Figures, Maps and Tables Preface Acknowledgements Note on Sindhi Language and Transliteration List of Abbreviations Introduction: Honour Violence, Law and Power in Upper Sindh PART I: A FRONTIER OF HONOUR VIOLENCE - THE PROBLEM OF KARO KARI IN UPPER SINDH Chapter 1. Ghairat, Karo kari and the Spectacles of Violence: How Men and Women Become Black Chapter 2. Honour Violence, Law and Moral Power in Colonial Sindh PART II: HONOUR, MORAL POWER AND LAW - MIRRORING OF LAW IN THE FORMS OF VIOLENCE Chapter 3. Karo kari, Wali and Family Violence: Cultural Violence Mirroring Law Chapter 4. Violence, Kin Groups and the Feud: The Making of Frontier Justice PART III: NORMALISING VIOLENCE - THE EVERY DAY WORLD OF UPPER SINDH Chapter 5. Mediations on the Frontier: Ceremonies of Justice, Ceremonies of Faislo and the Ideology of Kheerkhandr Chapter 6. The Criminal Justice and ‘Legal’ Contests of Honour: Two Case Studies Chapter 7. The Sound of the Silence: Lives, Narratives and Strategies of Runaway and Missing Women of Upper Sindh Conclusion Appendices Appendix I: The Sindh Frontier Regulation, 1872 Appendix II: Text of the Provisions of Qisas and Diyat including subsequent Amendments Appendix IIIa: Disposal of Karo Kari Cases from 1995–2004 Appendix IIIb: A Sample with Details Showing Relationship of the Victim, Accused and Complainant Glossary Bibliography
£89.10
Berghahn Books Honour and Violence: Gender, Power and Law in
Book Synopsis The practice of karo kari allows family, especially fathers, brothers and sons, to take the lives of their daughters, sisters and mothers if they are accused of adultery. This volume examines the central position of karo kari in the social, political and juridical structures in Upper Sindh, Pakistan. Drawing connections between local contests over marriage and resources, Nafisa Shah unearths deep historical processes and power relations. In particular, she explores how the state justice system and informal mediations inform each other in state responses to karo kari, and how modern law is implicated in this seemingly ancient cultural practice.Trade Review “By examining the circumstances of the violence itself, Shah offers insights into the complex factors motivating honour violence. This study is therefore a significant and welcome addition to the anthropology of honour that, I believe, will change the way we understand honour killings, not only in Pakistan but in any place where people cover up their violence by resorting to arguments of honour.” • Anthropos “As the first sustained ethnographic analysis of accusations and killings in the name of honour, it is an important work that will be of interest, not just to legal anthropologists, but also to gender studies and the anthropology of the state.” • South Asia: Journal of South Asian Studies “This is an extremely impressive achievement that makes a significant and substantial contribution to the ethnography of Pakistan and to the broader field of legal anthropology.” • Hastings Donnan, Queen's University of Belfast “This landmark study offers a new perspective for understanding and dealing with honour-related violence, demonstrating that honour does not lead to violence but that such violence is strategy ‘masked in honour’.” • Alison Shaw, University of Oxford “[Shah] presents her argument with fluency, creativity, and a rare humanistic sensitivity. This has all of the elements that allow a study to age into a classic.” • Mohammad Talib, Oxford Centre for Islamic StudiesTable of Contents List of Figures, Maps and Tables Preface Acknowledgements Note on Sindhi Language and Transliteration List of Abbreviations Introduction: Honour Violence, Law and Power in Upper Sindh PART I: A FRONTIER OF HONOUR VIOLENCE - THE PROBLEM OF KARO KARI IN UPPER SINDH Chapter 1. Ghairat, Karo kari and the Spectacles of Violence: How Men and Women Become Black Chapter 2. Honour Violence, Law and Moral Power in Colonial Sindh PART II: HONOUR, MORAL POWER AND LAW - MIRRORING OF LAW IN THE FORMS OF VIOLENCE Chapter 3. Karo kari, Wali and Family Violence: Cultural Violence Mirroring Law Chapter 4. Violence, Kin Groups and the Feud: The Making of Frontier Justice PART III: NORMALISING VIOLENCE - THE EVERY DAY WORLD OF UPPER SINDH Chapter 5. Mediations on the Frontier: Ceremonies of Justice, Ceremonies of Faislo and the Ideology of Kheerkhandr Chapter 6. The Criminal Justice and ‘Legal’ Contests of Honour: Two Case Studies Chapter 7. The Sound of the Silence: Lives, Narratives and Strategies of Runaway and Missing Women of Upper Sindh Conclusion Appendices Appendix I: The Sindh Frontier Regulation, 1872 Appendix II: Text of the Provisions of Qisas and Diyat including subsequent Amendments Appendix IIIa: Disposal of Karo Kari Cases from 1995–2004 Appendix IIIb: A Sample with Details Showing Relationship of the Victim, Accused and Complainant Glossary Bibliography
£23.95
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
£22.75
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
Scala Arts & Heritage Publishers Ltd In Her Words: Women Lawyers From Around the World
Book SynopsisIn Her Words is a unique snapshot of women in the legal profession from around the world at a defining point in history: following a century of progress but in the midst of a global crisis causing profound uncertainty. For International Women’s Day 2020, women gathered across 6 continents to have their photographs taken as part of the ‘Face the Future’ campaign, celebrating gender equality and diversity in the law. Little did they know that we were on the verge of the Covid-19 pandemic, which threatens to undo decades of progress. In Her Words features the portraits and written reflections of this diverse group of women, united by the legal profession, on the extraordinary times that followed that photoshoot and their expectations for the future. Also available: First: 100 Years of Women in Law, 9781785512568
£12.30
Emerald Publishing Limited Special Issue Cassandra's Curse: The Law and
Book SynopsisThis special issue of Studies in Law, Politics, and Society examines the relationship between law and disasters. The papers come from members of the Collaborative Research Network on the Jurisprudence of Disasters within the Law and Society Association. This network was formed in 2012 at a conference held by the International Institute for the Sociology of Law, titled "Workshop on Disasters and Sociolegal Studies." The volume addresses the 'myths' of contemporary disaster law and policy, such as that of society's "invincibility". The papers examine specific cases such as the Fukushima Nuclear Disaster, bushfire management in Australia and wildfire prevention in the Mediterranean, as well as providing broader analysis and comment on global disaster law and policy.Table of ContentsIntroduction: The Myths We Live (And Die) By. The “Cassandra Zone” and Law’s Moral Purpose. Foreseeable Disaster Mismanagement in a Changing Climate. Disaster Assistance and Legal Accountability: Care and Surveillance. Cassandra, Prometheus, and Hubris: The Epic Tragedy of Fukushima. The Multi-Level Prevention and Control of Catastrophic Wildfires in Mediterranean Europe: The European Union, Spain, and Catalonia. Bushfires and Australian Emergency Management Law and Policy: Adapting To Climate Change and the New Fire and Emergency Management Environment. Epilogue. Special Issue Cassandra’s Curse: The Law and Foreseeable Future Disasters. Studies in law, politics, and society. Special Issue Cassandra’s Curse: The Law and Foreseeable Future Disasters. Copyright page. List of Contributors. EDITORIAL BOARD. Symbolic, Cognitive, and Structural Obstacles to Formulating Disaster Policy.
£92.99
