Law and society, sociology of law Books

Book SynopsisA three-year-old boy dies, having apparently fallen while trying to reach a bag of sugar on a high shelf. His grandmother stands accused of second-degree murder. Psychologist Susan Nordin Vinocour agrees to evaluate the defendant, to determine whether the impoverished and mentally ill woman is competent to stand trial. Vinocour soon finds herself pulled headlong into a series of difficult questions, beginning with: was the defendant legally insane on the night in question? As she wades deeper into the story, Vinocour traces the legal definition of insanity back nearly two hundred years, when our understanding of the human mind was in its infancy. "Competency" and "insanity", she explains, are creatures of legal definition, not psychiatric reality, and in criminal law, "insanity" has become a luxury of the rich and white. With passion, clarity, and heart, Vinocour examines the troubling intersection of mental health issues and the law.Trade Review"A chilling book … unquestionably a page-turner, and revealing the ending would be a spoiler … A satisfying courtroom drama that hits the sweet spot between good storytelling and sharp legal analysis.” – Kirkus

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Book SynopsisIn recent years a new form of populism has taken hold of our politics, turning Britain into an increasingly intolerant and fractious country. As our society grapples with the threat posed by terrorism and the uncertainty that has followed the Brexit referendum and the coronavirus pandemic, cracks have begun to appear in the very foundations of our liberal democracy; the values that we once regarded as sacred are being called into question. Former barrister and judge Inigo Bing examines how the bonds of trust between the British people and our democratic institutions have broken down and the principles that underpin the rule of law are under threat from populist politics. Populism on Trial analyses how politicians have shown an increasing contempt for the principle of judicial independence as they attempt to exercise unrestrained power. Bing seeks to remind us that without law we have only power, and power without law is tyranny. He demonstrates how the rule of law is a fragile yet essential ingredient in our democracy and argues that it must be vigorously upheld or it will be cast aside by the rising tide of populismTrade Review"Inigo Bing makes a compelling defence of parliamentary democracy and entrenched rights against the new populism. As he so rightly says, defeating populism requires a strong, vibrant civil society where citizens' rights and mutual obligations are underpinned by a strong and respected judiciary. This is a bold statement of the liberal democracy we need to defend to the utmost in these turbulent times." - Andrew Adonis "There is no better time to put populism and threats to human rights under a forensic microscope than post-Brexit, and Inigo Bing does it in style. Brilliantly researched and utterly compelling to read, I warmly recommend this book." - Nigel Pascoe QC "Populism is a disease that does not want to be cured; indeed, many UK voters would say that our democracy is fit and healthy. In this elegantly written book, Inigo Bing uses the lawyer's scalpel to open up the national body politic, revealing that on the inside it is deeply unwell. Bing's insightful analysis will confirm that the populist disease must be treated if we are to prevent power-seeking politicians from subverting the true values of our democracy." - Sir Geoffrey Nice QC, Emeritus Professor of Law, Gresham College "Inigo Bing has spent more than four decades in the law, both as barrister and as judge. He has combined that depth of experience, profound learning and authorial flair to write an exceptionally timely book on the uneasy relationship between the government and the judiciary. Populism on Trial is a stark reminder of the importance of the rule of law in fractious times and the centrality of independent judges to the preservation of our freedoms; it is also a warning of the dangers we face if those fundamental truths are forgotten." - Thomas Grant QC, bestselling author of Court Number One

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Book Synopsis― Human Rights ― Equality ― Free Speech ― Privacy ― The Rule of Law These five ideas are vitally important to the way of life we enjoy today. The battle to establish them in law was long and difficult, and Anthony Lester was at the heart of the thirty-year campaign that resulted in the Human Rights Act, as well as the struggle for race and gender equality that culminated in the Equality Act of 2010. Today, however, our society is at risk of becoming less equal. From Snowden’s revelations about the power and reach of our own intelligence agencies to the treatment of British Muslims, our civil liberties are under threat as never before. The internet leaves our privacy in jeopardy in myriad ways, our efforts to combat extremism curtail free speech, and cuts to legal aid and interference with access to justice endanger the rule of law. A fierce argument for why we must act now to ensure the survival of the ideals that enable us to live freely, Five Ideas to Fight For is a revealing account of what we need to protect our hard-won rights and freedoms.Trade Review‘Illuminating and accessible…[Lester] speaks with enormous authority…Five Ideas to Fight For summarises what we have gained, and the dangers we still face from political hostility, ignorance and apathy.’ * David Pannick QC, The Times *‘Lester has dedicated his life to these causes. His personal anecdotes...are often frank admissions of how hard his work has been…This is what gives his book its special quality: few other lawyers would be able to do the subject matter justice.’ * Prospect *‘Passionate, and personal…nobody could finish Five Ideas To Fight For doubting that Anthony Lester has been an immense force for good.’ * Craig Purshouse, Times Literary Supplement *‘A powerful rallying cry for the creation of a civilised world made by the founding father of modern human rights in the UK – a hero of our times.’ -- Helena Kennedy QC‘Tells the story of an unparalleled life and work shaping the law. Anthony Lester inspires us to defend our Human Rights Act in difficult times.’ -- Shami Chakrabarti, director of Liberty‘Anthony Lester has long been one of our foremost champions of human rights and free speech. How wonderful that he has now gathered his years of experience into a book that tells us why these values matter.’ -- Gillian Slovo‘All the forces that, for decades, abused the human rights of the thalidomide children, are on the rise again in an ugly xenophobic populism: those who have the loudest voices have the smallest vision. They must be repulsed and there is no better person to summon us to the ramparts than the author of this exciting book.’ * Sir Harold Evans, editor-at-large for Thomson Reuters and former editor of The Sunday Times *‘His five principles are of immense importance to everyone in this country. They go to the heart of British values… His spirited defence of the “Five Ideas” and why and how they must be defended, deserves to reach the largest possible audience.’ -- Lord Woolf of Barnes, former Lord Chief Justice‘Anthony Lester has throughout his life – and often far in advance of his times – been an eloquent fighter for freedom of speech, equality under the law, protection from official arbitrariness and much else besides. His views and actions – as lawyer, legislator and citizen – have often irked those in power but have conduced to justice, human dignity and a sense of reasonableness and decency in the world around him. In this book he combines legal and political argument with telling personal anecdote – and he does so with a most engaging combination of practicality and passion.’ -- Vikram Seth, author of A Suitable Boy‘In this stirring call to action, Britain's greatest human rights lawyer issues a challenging, and compelling, agenda for change.’ -- Harold Hongju Koh, Sterling Professor of International Law at Yale Law School and former Legal Adviser to the US Department of State under President Obama‘A finely written and scrupulously accurate account of how human rights stand in Britain today and a clarion call for further struggle fully to achieve them... eloquent, liberal and street-wise, Lord Lester makes a compelling case against complacency... a book that should be required reading for MPs, newspaper editors and civil servants, so many of whom fail to understand the importance to our nation of protecting and enhancing civil liberties.’ -- Geoffrey Robertson QC‘This is not just another book on human rights. Anthony Lester's “Five Ideas” are those which have made the United Kingdom a free country. He himself has fought to maintain them, both in the courts and in Parliament, often with signal success. His account is practical and realistic – and a very good read.’ -- Sir Sydney Kentridge QC‘Five Ideas to Fight For is the powerful and provocative distillation of a lifetime of conviction and reminds us all in Lord Lester’s own words that “there is never a time for apathy – especially now.”’ -- Marian Wright Edelman, President and CEO, Children’s Defense Fund‘Anthony Lester has spent his life in the dedicated pursuit of freedom and justice, both as a lawyer and as a member of the House of Lords. We need to listen to his urgent case for upholding these core values and be inspired by the courage and passion with which he continues to fight for them.’ -- Mary Robinson‘Animated by the desire to protect fundamental human rights and freedoms in a long and distinguished career in law as a practitioner and lawmaker, Anthony Lester makes a passionate case for the defence of these rights – so hard won and so much under threat today. The legal arena has become an important part of the political struggle for change, a development that is mapped in this beautifully accessible book.’ * Southall Black Sisters *‘This powerful, elegant book is a distillation of decades of commitment to the advancement of human rights across the globe by one of the foremost lawyers of our time. It is a clarion call to action for all of us, in the United States as much as in his own country. Five Ideas to Fight For should be required reading for every lawyer and every politician.’ -- Hon. Margaret H. Marshall, former Chief Justice, Supreme Judicial Court, Massachusetts‘Anthony Lester has pioneered a new style of autobiography. It links his intellectual, philosophical and legal journeys through life with both great principles and his most cherished causes. It works. A fascinating and inspiring read.’ -- Peter Hennessy‘Anthony Lester is one of the world's foremost advocates of rights. His advocacy reflects his deep understanding of the principles at stake, his formidable skills as a litigator, and his passionate commitments in dealing with such issues as equality and freedom of expression. Reading this book is like holding a conversation with him. His opinions and his arguments are bracing and incisive and the entire experience is intellectually exciting.’ -- Aryeh Neier, president emeritus of the Open Society Foundations and former executive director of both Human Rights Watch and the American Civil Liberties Association‘Anthony Lester’s legacy of laws that promote equality, uphold individual liberty and protect human rights, is a remarkable one.’ -- Shirley Williams

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Book SynopsisThe scholars who contribute to this issue utilize diverse research methods to examine the lived experiences of people engaged in prostitution and the people and institutions that process them. They look at the production of knowledge about prostitution and trafficking by institutional stakeholders, and how legal responses to prostitution and trafficking are affected by class, race, ethnicity, and migration. Drawing on data derived from innovative research methods including auto-ethnography, re-calculation of historical data, and participatory methods, the authors challenge us to re-examine the pro-sex/abolitionist divide, the historical theories of prostitution and ethical concerns around research with people engaged in prostitution. Instead our authors offer new configurations of sex, gender, and prostitution to better inform future scholarship, policy, and programming.Trade ReviewThe editors present a collection of academic essays and scholarly articles investigating various aspects of prostitution from a variety of critical and research perspectives. The seven contributions are devoted to legitimization and master status in academia, women’s experiences prostituting women and girls, relationships among stigmatized women engaged in street-level prostitution, and a wide variety of other related subjects. Austin Sarat is a faculty member of Amherst College in Massachusetts. Katie Hail-Jares is a faculty member of American University in Washington D.C. Chrysanthi Leon is a faculty member of the University of Delaware. Corey Shdaimah is a faculty member of the University of Maryland. -- Annotation ©2016 * (protoview.com) *Table of ContentsSex Worker or Student? Legitimation and Master Status in Academia - Jenny Heineman “In My Head, I Didn’t Feel Like I Had Done Anything Wrong”: Women’s Experiences Prostituting Women and Girls - Mahri Irvine Relationships Among Stigmatized Women Engaged in Street-Level Prostitution: Coping with Stigma and Stigma Management - Corey Shdaimah and Chrysanthi S. Leon Reform or Remand? Race, Nativity, and the Immigrant Family in the History of Prostitution - Anne E. Bowler, Terry G. Lilley and Chrysanthi S. Leon Inevitably Violent? Dynamics of Space, Governance, and Stigma in Understanding Violence Against Sex Workers - Teela Sanders Bad Dates: How Prostitution Strolls Impact Client-Initiated Violence - Katie Hail-Jares Unionizing Sex Workers: The Karnataka Experience - Subadra Panchanadeswaran, Gowri Vijayakumar, Shubha Chacko and Andy Bhanot

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Book SynopsisRegulating Judges presents a novel approach to judicial studies. It goes beyond the traditional clash of judicial independence versus judicial accountability. Drawing on regulatory theory, Devlin and Dodek argue that judicial regulation is multi-faceted and requires us to consider the complex interplay of values, institutional norms, procedures, resources and outcomes. Inspired by this conceptual framework, the book invites scholars from 19 jurisdictions to describe and critique the regulatory regimes for a variety of countries from around the world. This innovative and provocative analysis of the many different ways that judiciaries around the world are regulated covers common law, civil law and other legal systems, and the developed and developing world. Contributors include a diverse talent pool of established scholars and new voices for a globally inclusive comparative examination of judiciaries in Europe, Asia, Africa, the Americas and Australia. The overall conclusion is that the regulation of judges is very much a work in progress, and that a variety of actors bear responsibility for moving the project forward.Scholars in the fields of law, social sciences, regulation theory, and public administration will find Regulating Judges an impactful read, as will regulators, public policy makers and analysts, and judges themselves.Contributors include: D. Aksamovic, G. Appleby, R.W. Campbell, K.-W. Chan, H. Corder, S.M.R. Cravens, T. Dare, R. Devlin, F. Dias Simoes, A. Dodek, M. Fabri, D. Fennelly, G. Gee, R. Goldstone , M.A. Jardim de Santa Cruz Oliveira, F. Klass, S. Le Mire, J.L. Neo, T.G. Puthucherril, A. Trochev, H. Whalen-Bridge, C. Wolf, F. Yulin, L. Zer-GutmanTrade Review‘The book makes a fine addition to comparative legal scholarship, and comparative lawyers interested in courts and judges will find it to be a useful resource. The editors' ambition to encourage a broader view of courts through the application of regulatory theory, and by explicitly considering values, processes, resources and outcomes, is to be applauded as it stands to lead to a richer and more nuanced understanding of the judicial institution.’ -- Lorne Neudorf, Cambridge Law Journal'Too often, the regulation of judges is justified as striking a 'balance' (usually at an arbitrary point) between judicial independence and public accountability. Regulating Judges breaks from this thinking, resetting an analysis of judicial regulation inside a three-dimensional pyramid of processes, resources, values and outcomes. Devlin and Dodek have mustered an impressive team of scholars to re-evaluate judicial regulation in 19 countries - many themselves constitutionally complex. The result is a weighty collection of intellectual depth and unprecedented geographic breadth. Scholars, judiciaries and, above all, governments should read Regulating Judges and learn and digest its insights.' --Reid Mortensen, Legal Ethics'We often use the accountability-independence dichotomy to examine judicial conduct. In their book, Regulating Judges: Beyond Independence and Accountability, Professors Richard Devlin and Adam Dodek illuminate the limitations of this approach, developing a more complete regulatory pyramid to capture the complex and multidimensional environment in which judges function. In judging judges, the pyramid provides a framework for examining current systems and proposed changes for decades to come.' --Susan Saab Fortney, Texas A&M University, School of LawTable of ContentsContents: Foreword Justice Richard Goldstone 1. Regulating Judges: Challenges, Controversies and Choices Richard Devlin and Adam Dodek 2. The Australian Judiciary: Resistant to Reform? Gabrielle Appleby and Suzanne Le Mire 3. Beyond Independence and Accountability: Balancing Judicial Regulation in Brazil Maria Angela Jardim de Santa Cruz Oliveira 4. ‘Fighting Words’: Regulating Judges in Canada Adam Dodek and Richard Devlin 5. Moving Target – The Regulation Of Judges In China’s Rapidly Evolving Legal System Ray Worthy Campbell and Fu Yulin 6. Regulatory Reform in Croatia: An Uphill Battle to Enhance Public Confidence Dubravka Akšamović 7. Judicial Policy in England and Wales: A New Regulatory Space Graham Gee 8. Just ‘The Mouth’ of Statutory Law or More?: The Theory and Practice of Judicial Regulation in Germany Christian Wolf and Fabienne Klass 9. Balancing The Scales Of Justice In India: From Parliamentary Supremacy To Judicial Supremacy And Back? Tony George Puthucherril 10. Reluctant Reformers? Formalizing Judicial Regulation in Ireland David Fennelly 11. Decentralized Regulation: Reconciling Inter-branch Tensions in Israel Limor Zer-Gutman 12. Clash of Visions: Regulating Judges and Prosecutors In Italy Marco Fabri 13. Regulating Judges, Japanese-Style: The Prevalence of Informal Mechanisms Kay-Wah Chan 14. A Judicial Code of Ethics: Regulating Judges and Restoring Public Confidence in Malaysia Jaclyn L. Neo and Helena Whalen-Bridge 15. Discipline and Modernise: Regulating New Zealand Judges Tim Dare 16. The Portuguese Judiciary Amid Old and New Crises Fernando Dias Simões 17. An Internal Code of Ethics: Regulating Judges in Singapore Helena Whalen-Bridge and Jaclyn Neo 18. Regulating Judges in Russia’s Dual State: Between Constitutional and Administrative Regimes Alexei Trochev 19. Struggling to Adapt: Regulating Judges in South Africa Hugh Corder 20. Regulating Judges in The United States: Concerns for Public Confidence Sarah M.R. Cravens Index

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Book SynopsisDrawing on rich, empirical case studies this innovative book provides a contemporary and comprehensive exploration of the plural, dynamic and precarious processes, materials, practices, interventions and relationships on social network sites, and their resultant power effects, when copyright and data privacy rights are at stake.In pursuit of this objective, chapters develop a cutting-edge conceptual power lens that brings together Actor-Network theory and Foucauldian scholarship on power. Applying this analytical framework to the case studies of Facebook (data protection) and YouTube (copyright), Asma Vranaki draws critical attention to underexplored and novel matters in digital regulation. These matters include resistance; the materiality of regulation; complex, contingent, fragile and dynamic digital ‘regulatory spaces’; the contingency of power; law as a heterogenous ‘assemblage’; the unintended consequence of local orderings; and the links between power and spaces. Ultimately, the author demonstrates that power effects are highly localised, precarious and contingent outcomes of manifold, complex and fluid alliances between diverse humans and non-humans.Advancing various contentions on how social network sites can be successfully regulated, the empirical analyses and multi-disciplinary approaches in this book will prove invaluable to students, scholars and practitioners of law, particularly those interested in regulation, data protection and copyright in social network sites.Trade Review‘Lawyers are nowadays used to the idea that law needs to be studied in its context. This book’s major insight is that context is not merely the background to law, but rather that the web of power relationships between actors is the primary context which shapes the law and gives it meaning in action. Power is not reserved to lawmakers and platform owners – all actors have some degree of power. Thus we learn that YouTube’s copyright notice and takedown processes and its Content ID system are merely influenced by the content of law rather than determined by it, and that rights owners and content creators use these ‘legal’ structures in unexpected ways which give them new meanings. Similarly, data privacy on Facebook is not statically determined by legal texts such as laws and platform terms, but is a dynamic balance whose shifts are determined by power asserted by all players in the Facebook ecosystem. Vranaki’s use of Actor Network Theory and Foucault’s theories of power to analyse these phenomena is always illuminating, and few readers will finish this book without a new and deeper understanding of how law works.’ -- Chris Reed, Queen Mary University of London, UK‘Asma Vranaki dives into power relationships online, in particular social networks. She critically surveys cyberspace regulation literature, and suggests an improved theory. The core of the monograph studies empirically issues of Facebook on data protection, and YouTube on copyright. The monograph is wonderfully written, sharply analysed, and a joy to read.’ -- Arno R. Lodder, Vrije Universiteit, the NetherlandsTable of ContentsContents: 1. Introduction to Social network sites: Power, regulation and law 2. Regulating digital environments: From the Wild West to regulation to power 3. SNS as ‘assemblages’: Of power, relationality and resistance 4. YouTube, piracy and copyright: A socio-legal-technological tale 5. YouTube, copyright and power 6. Data privacy regulation on Facebook: A socio-legal-technological achievement 7. Investigating regimes of power on Facebook 8. SNS: Of regulation and power Bibliography Index

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Book SynopsisThe idea of justice and the reality of justice are two very different things. Just Interests examines both concepts, offering accounts from lay people and legal officials to explore how the goals and interests of victims of crimes can be accommodated within the criminal justice process. Robyn Holder challenges the typical classification of ?victim? for those who have been victimized by violence, and re-positions them as members of a political community with diverse interests ? both private and public. Departing from conventional approaches that see victims as a problem for law to contain, Holder draws on democratic principles of inclusion and deliberation to posit a criminal justice approach that mobilizes citizens to produce justice in their ordinary lives. This book will be of fundamental importance for analysts and advocates in governmental and non-governmental organizations to understand victims as citizens first and their engagements with criminal justice as citizenship practices. It will also be a valuable read for socio-legal scholars and researchers examining the constitutive nature of peoples and their public criminal law.Trade Review'Robyn Holder is a reflective practitioner and thoughtful scholar of victim perspectives on what justice might mean. This impressive book brings together years of her consolidated wisdom. It treats us to rich engagement with complex realisations of justice. Empirically, it amplifies voices from below to help us learn from their experience on how to better comprehend the complexity of justice. It helps us to find our own justice imaginary as we also search for a democratic imaginary.' --John Braithwaite, Australian National University'This book constitutes a significant and highly insightful contribution into deconstructing the meaning of justice. In positioning crime victims as a community of citizens who hold legitimate justice interests, the author's arguments are a welcome riposte to a needs-based analysis of the issues which confront victims in the criminal process.' --Jonathan Doak, Nottingham Trent University, UKTable of ContentsContents: Preface 1. Ideas of justice 2. Approaching justice 3. Approaching law 4. Mapping institutional discourse about justice 5. Ordinary people accessing justice 6. Exploring justice goals 7. Experiencing justice 8. Participating in justice 9. After the democratic turn Bibliography Index

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Book SynopsisThe proliferation of virtual and augmented reality technologies into society raise significant questions for judges, legal institutions, and policy makers. For example, when should activities that occur in virtual worlds, or virtual images that are projected into real space (that is, augmented reality), count as protected First Amendment 'speech'? When should they instead count as a nuisance or trespass? Under what circumstances would the copying of virtual images infringe intellectual property laws, or the output of intelligent virtual avatars be patentable inventions or works of authorship eligible for copyright? And when should a person (or computer) face legal consequences for allegedly harmful virtual acts?The Research Handbook on the Law of Virtual and Augmented Reality addresses these questions and others, drawing upon free speech doctrine, criminal law, the law of data protection and privacy, and of jurisdiction, as well as upon potential legal rights for increasingly intelligent virtual avatars in VR worlds. The Handbook offers a comprehensive look at challenges to various legal doctrines raised by the emergence - and increasing use of - virtual and augmented reality worlds, and at how existing law in the USA, Europe, and other jurisdictions might apply to these emerging technologies, or evolve to address them. It also considers what legal questions about virtual and augmented reality are likely to be important, not just for judges and legal scholars, but also for the established businesses and start-ups that wish to make use of, and help shape, these important new technologies.This comprehensive Research Handbook will be an invaluable reference to those looking to keep pace with the dynamic field of virtual and augmented reality, including students and researchers studying intellectual property law as well as legal practitioners, computer scientists, engineers, game designers, and business owners.Contributors include: W. Barfield, P.S. Berman, M.J. Blitz, S.J. Blodgett-Ford, J. Danaher, W. Erlank, J.A.T. Fairfield, J. Garon, G. Hallevy, B. Lewis, H.Y.F. Lim, C. Nwaneri, S.R. Peppet, M. Risch, A.L. Rossow, J. Russo, M. Supponen, A.M. Underhill, B.D. Wassom, A. Williams, G. YadinTrade Review'The Research Handbook on the Law or Virtual and Augmented Reality is an extraordinary contribution to the scholarship in this rapidly developing area. The work boasts an impressive list of contributors, and the depth and breadth of topics is quite striking. One might think that such a work would be of interest primarily to lawyers involved in the computer game industry, or in law and technology. But this area of law now reaches into daily life, and both practicing attorneys and scholars in the areas of tort law (defamation, privacy law, right of publicity), constitutional law, intellectual property, criminal law, and business law will also find much to interest them, and a great deal of insight to assist them in analyzing the very real questions that this area of law now presents us. Recommended.' --Christine Corcos, Louisiana State University and A&M, USThe Research Handbook on the Law of Virtual and Augmented Reality offers an all-encompassing view on this field of legal research, containing 20 chapters from scholars in US, Asia, and the European Union, that explore how these jurisdictions might apply to VA/R-technologies and apps. Woodrow Barfield and Marc Blitz have edited an outstanding volume that should be read by all, including students and policy makers.' --Ugo Pagallo, Università degli Studi di Torino, ItalyTable of ContentsContents: Section I. Introduction to the Law of Virtual and Augmented Reality 1. The Law of Virtual Reality and Increasingly Smart Virtual Avatars Woodrow Barfield and Alexander Williams 2. Starting Up in Virtual Reality: Examining Virtual Reality as a Space for Innovation Crystal Nwaneri 3. Virtual Rule of Law Michael Risch 4. Mixed Reality: How the Laws of Virtual Worlds Govern Everyday Life Josh A.T. Fairfield Part II Intellectual Property Law 5. Virtual Copyright Michael Risch and Jack Russo 6. Trademark and the Right of Publicity in Augmented Reality Brian D. Wassom, Amber M. Underhill and Andrew L. Rossow 7. Virtual Trade Dress Jack Russo Part III Issues of Constitutional and Criminal Law 8. First Amendment, Video Games and Virtual Marc Jonathan Blitz 9. Virtual Reality, Haptics, and First Amendment Protection for Sexual Sensation Brooke Lewis 10. Augmented and Virtual Reality, Freedom of Expression, and the Personalization of Public Space Marc Jonathan Blitz 11. Beyond Unauthorized Access: Laws of Virtual Reality Hacking Gilad Yadin 12. The Law and Ethics of Virtual Sexual Assault John Danaher 13. Criminal Liability for Intellectual Property Offenses of Artificially Intelligent Entities in Virtual and Augmented Reality Environments Gabriel Hallevy Part IV Applying the Law to Different Applications of Virtual and Augmented Reality 14. Advertising Legal Issues in Virtual and Augmented Reality S. J. Blodgett- Ford, Woodrow Barfield and Alexander Williams 15. Data Privacy Legal Issues in Virtual and Augmented Reality Advertising S. J. Blodgett- Ford and Mirjam Supponen 16. Reordering the Chaos of the Virtual Arena: Harmonizing Law and Framing Collective Bargaining for Avatar Actors and Digital Athletes Jon Garon Part V Contract, Property Law, and Jurisdiction 17. Property Rights in Virtual and Augmented Reality: Second Life Versus Pokémon Go Hannah YeeFen LIM 18. Freedom of Contract in Augmented Reality Scott R. Peppet 19. Law and Property in Virtual Worlds Wian Erlank 20. Legal Jurisdiction and the Deterritorialization of Social Life Paul Schiff Berman Index

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Book SynopsisThe U.S. Supreme Court and Racial Minorities offers an in-depth, chronologically arranged look at the record of the U.S. Supreme Court on racial minorities over the course of its first two centuries. It does not pose the anachronistic standard, ''Did the Supreme Court get it right?'' but rather, ''How did the Supreme Court compare to other branches of the federal government at the time?'' Have these Justices, prevented against removal from office by discontented voters (in contrast to the President and the members of Congress), done any better than the elected branches of government at protecting racial minorities in America? Goldstein examines treatment of four racial minorities (Indians, Blacks, Asians, and Hispanics) in this investigation of the life-tenured Supreme Court's comparative willingness to protect racial minorities. She finds that judicial review, while no panacea, did help America's racial minorities: when the Court was willing to help, it was particularly willing to act to check state-level oppressive policies and federal-level administrative abuses. She also documents the Supreme Court's leadership role on the civil rights of Black Americans from 1911-1989. This book will be a critical resource not only for scholars of political science and law, but for anyone interested in the history of the treatment of racial minorities by the U.S. government and the value of judicial review as a protector of minority rights.Trade Review'This is a remarkable book, and essential reading for anyone who cares about how civil rights are defined and protected in America. It carefully situates the Supreme Court in its political and historical environment, and in doing so serves as an important reminder of the significance of politics in keeping our constitutional system functioning.' --Keith E. Whittington, Princeton University, US'Juxtaposing a comprehensive survey of the Supreme Court's cases dealing with racial minorities - African Americans, Indians, Asian Americans, and Hispanic Americans - to an overview of how Congress and the President dealt with those minorities, Leslie Goldstein asks the right question: Compared to the other branches, how protective has the Court been? This is an important work for scholars and others interested in the Supreme Court and the history of race in the United States.' --Mark Tushnet, Harvard Law School, USTable of ContentsContents: 1. Minority Rights Up Through the Marshall Court, 1789-1835 2. Minority Rights in the Taney Years (1836-64) 3. Civil War and Reconstruction 4. After Reconstruction 5. The White and Taft Courts, 1911-30 6. A New “Racial” Minority: Hispanics, 1800-1992 7. Branch Variation in Rights Leadership, 1930 to Late Twentieth Century 8. Overview and Conclusions Index

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Book SynopsisIn this groundbreaking work, French legal scholar Alain Supiot examines the relationship of society to legal discourse. He argues that the law is how justice is implemented in secular society, but it is not simply a technique to be manipulated at will: it is also an expression of the core beliefs of the West. We must recognize its universalizing, dogmatic nature and become receptive to other interpretations from non-Western cultures to help us avoid the clash of civilizations. In Homo Juridicus, Supiot deconstructs the illusion of a world that has become 'flat' and undifferentiated, regulated only by supposed 'laws' of science and the economy, and peopled by contract-makers driven by only the calculation of their individual interests.Trade ReviewFrance's most incisive jurist, Alain Supiot . has renewed the idea that all significant belief-systems require a dogmatic foundation by focusing its beam sharply, to the discomfort of their devotees, on the two most cherished creeds of our time: the cults of the free markets and of human rights. -- Perry Anderson * London Review of Books *Alain Supiot develops an original and ambitious approach of the place and role of the law for man with the curiosity and audacity of an anthropologist, but all the while avoiding thetrap of universalism... The use of an anthropological wide-focus lens furnishes him with a wealth of observations which ground a high-calibre reflection, rigorously documented with examples drawn from the legal domain. * Études *After centuries of triumphalism on behalf of homo economicus, one had given up hope of hearing one day about homo juridicus. We can only congratulate Alain Supiot for this work which defends the anthropological function of the law, reminding us that the human being is a metaphysical animal which exists not only in thew universe of things (the economic) but also in a universe of signs. * Revue trimestrielle de droit civil *Novel and crucial -- Peter Goodrich * Modern Law Review *

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Book SynopsisStudies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship. In this latest edition of this highly successful research series, chapters examine a diverse range of legal issues and their impact on and intersections with society. This volume is a collection of chapters exploring expert witnessing in Asylum Cases. Topics covered include: judicial ethnocentrism, political asylum, race identity and cultural defense. This volume brings together leading scholars and will be vital reading for all those researching in this subject area.Trade ReviewAnthropologists explore the use of cultural expert testimony as evidence in legal conflicts that invoke cultural difference. They address knowing the role of expert testimony in a cultural defense, reconciling the job of expert witness with other professional roles, relating to defendants versus informants, employing legal concepts that have little anthropological acceptance, producing testimony in changing historical and political contexts, and helping judges understand culture. -- Annotation ©2018 * (protoview.com) *Table of ContentsIntroduction; Leila Rodriguez 1. Expert Witnessing in Honduran Asylum Cases: What Difference Can Twenty Years Make?; James Phillips 2. Judicial Ethnocentrism vs Expert Witnesses in Asylum Cases; Murray J. Leaf 3. Guilt, Innocence, Informant; Jeffrey Cohen and Lexine Trask 4. Traversing Boundaries: Anthropology, Political Asylum and The Provision of Expert Witness; Kathleen Gallagher 5. Proving "Race" Identity of Chinese Indonesian Asylum Seekers; ChorSwang Ngin 6. State Your Case: Best Practices for Presenting a Cultural Defense in Criminal Litigation; Heather Crabbe, Esq.

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Book SynopsisConversation and argument concerning laws and legal situations take place throughout society and at all levels, yet the language of these conversations differs greatly from that of the courtroom. This insightful book considers the gap between everyday discussion about law and the artificial, technical language developed by lawyers, judges and other legal specialists. In doing so, it explores the intriguing possibilities for future synthesis, a problem often neglected by legal theory. Analyzing the major components of law and legal procedure across both common and civil law, this book reveals how legal conversation on the `street' contributes to our understanding of law as well as our democratic citizenship. Jan M. Broekman and Frank Fleerackers consider the impact of multiculturalism and the threat of terror on our impressions of legal conversation and the importance we place upon it, arguing that anarchism and legalism are hostile neighbors sharing many themes and motives. Exploring the meaning and sense of the concept of `street' in ancient and modern times, the authors pose the question: is law just a discourse or should it be classified as one of the major narratives in human life? Unique and discerning, this book will appeal to anyone interested in the language of law. Legal educators will find their scope broadened whilst researchers, activists and politicians will find themselves captivated by the focus on social activism and citizen motivation.Table of ContentsContents: 1. Thoughts Backing Speech 2. Legal Practice Stalks the Brain 3. Compliance and the Radical 4. On Hermes Avenue Index

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Book SynopsisThis innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices. Chapters address a range of current arguments and issues, providing an enhanced theoretical framework and evolving understanding from a variety of feminist and queer perspectives. Relationship recognition debates and LGBT activism and scholarship are examined and discussed, as well as questions around bodily autonomy, kink identities, pornography and healthcare access rights. Research exploring the lived experiences of people facing challenges such as domestic violence, asylum, femicide and hate crime is also assessed. This Research Handbook will be an invaluable resource for researchers and students in the fields of law, sexuality and gender, as well as family studies, sociology, media and cultural studies, and medicine. Activists will also benefit from its scholarly insight into key policy debates and future strategy. Contributors include: L. Adler, C. Ashford, R. Auchmuty, A.A. Baboolal, R. Barberet, J. Cabrera, R. Collier, S. Cowan, T. Crofts, M. Duggan, P. Dunne, A. Dymock, S. Falcetta, D. Fenwick, H. Fenwick, S. Ferris, S. Gloppen, R. Harding, R. Hewer, A.C. Infanti, P. Johnson, M. Judge, U. Khan, C. Kitzinger, A. Kondakov, K. Lalor, T. Liu, A. Maine, C. McGlynn, M.F. Moscati, T. Mundy, A. Powell, L. Rakner, F. Renz, J.M. Scherpe, A. Schuster, S.M. Schuster, N. Seuffert, F. Simkiss, B. Simpson, D. Smythe, E. Tascioglu, F. Vera-Gray, M. Weait, S. Whittle, S. Wilkinson, G. ZagoTrade Review'They have edited a timely collection that offers a global perspective on ''the current gender, sexuality, and law research landscape.'' Highly recommended.' -- C Pinto, CHOICE'It provides a comprehensive, contemporary and provoking account of the field that is truly socio-legal in nature and places front and centre the voices of some of those most directly affected by the law and its institutions.' -- Ilona Cairns, Edinburgh Law Review'An important intervention in the persistent question of how we can use the law for sexual liberation without being used by the law. This volume interrogates who ''we'' are across multiple identities, what law is or has been in numerous jurisdictions, and what sexual, gender, and human liberation might be in our lifetimes. Not beholden to any particular theoretical perspective or doctrinal imperative, this collection will serve as a vital springboard for researchers in sex, gender, and legal struggles.' --Ruthann Robson, City University of New York, School of Law, US'An important and timely collection that demonstrates the enduring value of gender and sexuality for legal and other scholars working across a wide range of issues. While revisiting and recasting gay rights and feminist insights, it also opens up and broadens the field - conceptually and geographically - and acknowledges and engages with debates, rather than attempting to resolve them. In true queer style it troubles boundaries and provides signposts rather than destinations.' -- Daniel Monk, Birkbeck, University of London, UK'This book is a very useful resource for both students and academics wanting to consider where the field sits at this historical moment in which il/liberal states struggle with their own internal contradictions and the rise of populist movements. In the face of these forces, it charts paths for future socio-legal scholarship through theoretical and empirical engagement with activist struggles in the west and global south, foregrounding intersectionality in legal analysis around identity, lived experience, bodily autonomy, vulnerability and transgression.' -- Alex Sharpe, Keele University, UKTable of ContentsContents: 1 Introduction to the Research Handbook on Gender, Sexuality and Law 1 Chris Ashford and Alexander Maine PART I NEW BOUNDARIES AND ACTIVISM 2 From the litigants’ perspective: Wilkinson v Kitzinger and the pursuit of marriage equality in England and Wales 8 Sue Wilkinson and Celia Kitzinger 3 Formal recognition of adult relationships and legal gender in a comparative perspective 17 Jens M. Scherpe 4 Diplomacy, conditionality and transnational LGBTI rights 32 Kay Lalor 5 Legislating and litigating same sex marriage in China 45 Tingting Liu and Jingshu Zhu 6 Striking women: the politics of gender, sexuality and the law in South Africa 60 Melanie Judge and Dee Smythe PART II IDENTITY AND STATE 7 Life at the corner of poverty and sexual abjection: lewdness, indecency, and LGBTQ youth 76 Libby Adler 8 Same sex marriage and Article 12 of the European Convention on Human Rights 91 Paul Johnson and Silvia Falcetta 9 LGBTI migration in Europe 104 Alexander Schuster 10 Fully recognizing both dignity and equality values under the emergent ECHR right to a same sex registered partnership 120 Helen Fenwick and Daniel Fenwick 11 Transgender rights in Europe: EU and Council of Europe movements towards gender identity equality 134 Peter Dunne PART III LIVED SOCIETY 12 Normative understandings: sexual identity, stereotypes, and asylum seeking 149 Alex Powell 13 Feminist responses to same sex relationship recognition 164 Rosemary Auchmuty 14 LGBT rights and tax law: a comparative perspective 181 Anthony C. Infanti 15 LGBT rights in Africa 194 Siri Gloppen and Lise Rakner PART IV BODILY AUTONOMY 16 A perfect storm: the UK government’s failed consultation on the Gender Recognition Act 2004 211 Stephen Whittle and Fiona Simkiss 17 Becoming a legal proxy: the unintended consequences of informed consent in US transgender medicine 232 stef m. shuster 18 (De)regulating trans identities 244 Flora Renz 19 ‘That’s a bit of a minefield’: supported decision making in intellectually disabled people’s intimate lives 256 Rosie Harding and Ezgi Taşcıoğlu 20 Dispute resolution, domestic violence and abuse between lesbian partners 271 Maria Federica Moscati PART V VIOLENCE AND VULNERABILITY 21 The global femicide problem: issues and prospects 286 Rosemary Barberet and Aneesa A. Baboolal 22 Law, society and domestic violence: ‘best practice’ methodologies for evaluating integrated domestic violence services 301 Nan Seuffert and Trish Mundy 23 Gender and hate crime protections 317 Marian Duggan 24 Feminist mandated reporters question the Title IX system: when civil rights programs adopt managerial logics and protect institutional interests 330 Jessica Cabrera 25 Vulnerability, victimhood and sex offences 341 Sharon Cowan and Rebecca Hewer PART VI DEVIANCY AND ILLICIT CONSTRUCTIONS 26 Kinky identity and practice in relation to the law 362 Ummni Khan 27 Male sex work – a gendered, (hetro)sexist approach to regulation 379 Thomas Crofts 28 Regulating desire in Russia 396 Alexander Kondakov 29 Normative behaviour, moral boundaries and the state 409 Chris Ashford, Alexander Maine and Giuseppe Zago 30 Deviancy and illicit constructions 425 Brian Simpson PART VII TRANSGRESSIVE BOUNDARIES 31 Masculinities and families: fragmenting law’s ‘family man’ 443 Richard Collier 32 The healthcare rights of people living with HIV and AIDS 457 Matthew Weait 33 Regulating pornography: developments in evidence, theory and law 471 Fiona Vera-Gray and Clare McGlynn 34 Defending pornography: the case against strategic essentialism 484 Alex Dymock 35 Red, white, and BLACK AND BLUE: the American criminalization of BDSM 497 Stephan Ferris Index 513

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Book SynopsisOffering an interdisciplinary, international and philosophical perspective, this comprehensive Research Handbook explores both perennial and recent legal issues that concern the modern state and its interaction with religious communities and individuals.Providing in-depth, original analysis the book includes studies of a wide array of nation states, such as India and Turkey, which each have their own complex issues centred on law, religion and the interactions between the two. Longstanding issues of religious liberty are explored such as the right of conscientious objection, religious confession privilege and the wearing of religious apparel. The contested meanings of the secular state and religious neutrality are revisited from different perspectives and the reality of the international human rights protections for religious freedom are analysed.Timely and astute, this discerning Research Handbook will be a valuable resource for both academics and researchers interested in the many topics surrounding law and religion. Lawyers and practitioners will also appreciate the clarity with which the rights of religious liberty, and the challenges in making these compatible with state law, are presented.Contributors include: R. Ahdar, F. Ahmed, R. Albert, R. Barker, B.L. Berger, J.E. Buckingham, J. Burnside, P. Dane, J. Harrison, M.A. Helfand, M. Hill, M. Kiviorg, A. Koppelman, I. Leigh, J. Neo, Y. Rosnai, R. Sandberg, S.D. Smith, P.M. Taylor, H.-M. ten Napel, K. Thompson, F. VenterTrade Review'Over the course of the last generation, the study of 'law and religion' has exploded in breadth, subtlety and significance. This Research Handbook provides its readers with a rich, varied, and sometimes provocative introduction to the field. Expert chapters not only shed new light on familiar topics, they also identify further avenues for fruitful scholarship. One is left with the sense that the most significant work still lies ahead - and also the intellectual tools to face that challenge.' --Julian Rivers, University of Bristol Law School, UKThe authors who have contributed so ably to this excellent volume are to be congratulated on scholarship of the highest quality, which treats a wide and rich range of issues at the centre of the field of law and religion today. Their contribution here will be of enormous value to all those who teach, study, and practise in this rapidly developing and important sphere of life.' --Norman Doe, Cardiff University, UKTable of ContentsContents: Foreword John Witte, Jr Part I Law and Religion 1. Navigating Law and Religion: Familiar Waterways, Rivers Less Travelled and Uncharted Seas Rex Ahdar 2. The Sociological Dimension of Law and Religion Russell Sandberg Part II Jurisprudential Themes 3. Equality, Religion, and Nihilism Steve D Smith 4. Jeremy Bentham and the Problem of the Authority of Biblical Law Jonathan Burnside 5. Dworkin’s Religion and the End of Religious Liberty Joel Harrison 6. What Kind of Human Right is Religious Liberty? Andrew Koppelman Part III Religion-State Relations 7. Establishment and Encounter Perry Dane 8. Religion, Secularism and Limitations on Constitutional Amendment Richard Albert and Yaniv Roznai 9. Regulation of Religious Communities in a Multicultural Polity Jaclyn L Neo 10. Liberal Constitutionalism and the Unsettling of the Secular Benjamin L Berger 11. The Boundaries of Faith-Based Organizations in Europe Hans-Martien ten Napel 12. Enforcing Religious Law Farrah Ahmed Part IV Adjudicating Religion 13. When Judges are Theologians: Adjudicating Religious Questions Michael A. Helfand 14. The Justiciability and Adjudication of Religious Disputes Francois Venter Part V International Perspectives 15. Controversial Doctrine: The Relevance of Religious Content in the Supervisory Role of International Human Rights Bodies Paul M Taylor 16. Dangers of the Changing Narrative of Human Rights: Why Democracy and Security Need Religious Freedom Merilin Kiviorg Part VI Freedom of Religion Issues 17. Freedom of Religion and the Rise of Secularism: Struggles in the British Workplace Mark Hill QC 18. The Legal Recognition of Freedom of Conscience as Conscientious Objection: Familiar Problems and New Lessons Ian Leigh 19. Of Burqas (and Niqabs) in Courtrooms: The Neglected Women’s Voice Renae Barker 20. Trinity Western University’s Law School: Reconciling Rights Janet Epp Buckingham 21. The Persistence of Religious Confession Privilege A Keith Thompson Bibliography Index

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Book SynopsisThis thought-provoking book explores the functions of charitable foundations in the People's Republic of China. Using both empirical fieldwork and extensive textual analysis, it examines the role of foundations in Chinese society and their relationship with the Chinese government. Taking an interdisciplinary approach, Katja Levy and Knut Benjamin Pissler offer a comprehensive overview of the contemporary legal and political frameworks within which Chinese charitable foundations operate, as well as an assessment of their historical and traditional contexts. They re-evaluate the existing literature on China's civil society, and provide a new, functional perspective on the role of foundations, complementing mainstream civil society and corporatist perspectives. This incisive book will be invaluable reading for scholars researching the third sector in China, as well as practitioners working in this sector. Scholars and students of contemporary Chinese law, politics and society will also find its insights useful. Trade Review‘Charity with Chinese Characteristics has undeniable value as a source book. The citations and their comprehensiveness enhance this value. Scholars in topically related fields of study - including but not limited to civil society, welfare systems, authoritarian control systems, and political mechanisms at the grassroots - will find Charity with Chinese Characteristics useful as a comparative reference. For scholars of Chinese politics and society, and especially those working in the fields listed above, it is a recommended read.’ -- Tom Cliff, The China Journal‘This book will likely serve as the authoritative account of the legal‘The volume by Levy and Pissler definitely enriches our knowledge of how public and private is intertwined in China, and how philanthropy and nonprofits are systematically used to achieve both an improvement of governance and simultaneously an intensification CPC hegemony. The authors successfully manage to unveil the often referred to “Chinese Characteristics” that might be translated into a combined notion of Foucault's approach of governmentality and the Gramscian concept of hegemony.’ -- Annette Zimmer, VOLUNTAS: International Journal of Voluntary & Nonprofit Organizations'Until recently, China had successfully followed the paths of Western governments eager to ease the regulatory barriers for large scale philanthropy in hopes of unlocking private resources to complement public expenditure. But as this deeply-researched, important study demonstrates, Chinese foundations only partially resemble their independent Western counterparts because they are effectively instrumentalized by the Chinese Party-state, as Levy and Pissler convincingly show by developing an innovative analytical framework. This book will be indispensable reading for anyone interested in Chinese philanthropy and civil society.' --Stefan Toepler, George Mason University, US'One of the most important developments in China in recent years has been the rise of new wealth and how the Chinese Communist Party is responding. Charitable foundations are increasing in number and taking on roles formerly the preserve of government agencies. In this important study, Levy and Pissler look at the development of the sector and the constraints placed upon it by the authorities. A well-informed and important book that should be read by all interested in developments in contemporary China.' --Tony Saich, Harvard Kennedy School, US'This is one of the first international books that deals with Chinese charitable foundations, broadly covering the third sector as well as the problems and opportunities of charity in China. It is an impressive interdisciplinary work authored by two renowned experts in the field. They rightly use a functional governance approach, present extensive historical and empirical data and provide excellent information on the current function of foundations in China's society. In sum: A book not to be missed.' --Klaus J. Hopt, Max Planck Institute for Comparative and International Law, GermanyTable of ContentsContents: Preface and Acknowledgements 1. Introduction PART I: STATE OF THE ART, THEORETICAL FRAMEWORK, RESEARCH QUESTION AND METHODOLOGY 2. State of the art 3. Theoretical framework: a functional governance approach to the study of foundations 4. Research gap, research question, data, and methodology PART II: THE EVOLUTION OF CHINESE CHARITABLE FOUNDATIONS 5. History and traditions of charity in China until 1978 6. Developments since 1978 PART III: THE LEGAL AND POLITICAL ENVIRONMENT OF CHARITABLE FOUNDATIONS IN CHINA 7. The legal framework of Chinese foundations 8. The political background of Chinese foundations PART IV: THE FUNCTIONS OF CHINESE FOUNDATIONS 9. Functions of Chinese Foundations 10. Conclusion Index

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Book SynopsisWhat is effective legislation? Can lawmakers around the world improve the effectiveness of their laws? And if yes, how? Designing Effective Legislation analyses legislative effectiveness in theory and practice and concludes that effective laws can be engineered through the use of particular design and drafting techniques. Employing a clear and logical structure, the author demonstrates that four elements, that exist in every law, are paramount to effectiveness: purpose, content, context and results. A clear purpose sets a benchmark for what a law aims to achieve; well designed and communicated content ensures that the law has the mechanics required to achieve the desired results; laws that integrate harmoniously the legal system ensure coherence and the lack of contradiction; and results determine what has been achieved and whether this corresponds to initial intentions. By examining these four elements in unity and addressing the particular challenges involved in their design and drafting, lawmakers can secure the basic foundations of an effective law. Providing an in in-depth analysis of the concept of legislative effectiveness this book will be relevant to academics and researchers working in the fields of legislative studies, theory of law, regulation and the sociology of law but also to legal practitioners, policy makers and legislative drafters involved in the design or reform of legislation worldwide.Trade Review'This inspiring book takes the perspective of lawmakers, which is so often ignored in the effectiveness debate. It is an approach that accounts for a fresh view on a topical debate in legislative studies. Combining doctrinal knowledge with practical insights, this is a most welcome contribution to theory and practice.' --Patricia Popelier, University of Antwerp, Belgium'Legislation is central in the law. However, its study has not fully acquired the position it deserves within legal scholarship. Maria Mousmouti makes a fundamental contribution to filling this gap. Designing Effective Legislation does not only tackle the construction of effective legislation, with her idea of ''mechanics'', Mousmouti sets a pivotal step in the legislative studies, by offering an innovative and intriguing analytical tool to penetrate and understand the often confusing and blurred world of legislative law-making.' --Mauro Zamboni, Stockholm University, Sweden'With this topical book Mousmouti addresses the elephant in the room of modern government. Legislation is the instrument of choice in modern governance and politics - it is used as a heal-all in modern day policy approaches. But what do we actually know about the effectiveness and overall efficacy of legislation? Very little, this book shows. Dr. Mousmouti's takes us by the hand and shows us the way legislation works, the values it represents, and the things we need to consider if we want legislation to do what we actually designed and enacted it for: to work.' --Wim Voermans, Leiden University, the NetherlandsTable of ContentsContents: 1. The ‘mechanics’ of effective legislation 2. Legislation and its purpose 3. The content of legislation 4. Legislation and its context 5. The implementation of the law: results, impact and effectiveness 6. Which tools for effective lawmaking? 7. Legislative failure 8. On lawmakers, lawmaking and effectiveness Bibliography Index

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Book SynopsisThis illuminating Research Handbook analyses the role that emotions play, and ought to play, in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.International expert contributors take multidisciplinary approaches, drawing on neuroscience, philosophy, literary theory, psychology, history, and sociology to examine the role of a wide range of emotions across a variety of legal contexts. Chapters consider how the rich tapestry of human emotion impacts legal actors, influences legal doctrine, and shapes the dynamics of legal institutions. Moving beyond legal contexts traditionally considered rife with emotion such as the criminal law and jury trials, the Handbook explores how emotion relates to contracts, property, bankruptcy, international law, and truth and reconciliation commissions. It also reflects on the importance of research methodologies, theories, and techniques for assessing the role of emotion in the legal arena.Surveying the depth and complexity of law and emotion across a panoply of legal actions, institutional contexts, and legal doctrines, this Handbook will be critical reading for academics and students of legal theory and legal philosophy. Its detailed examination of emotions in the practice of private, public, international, and criminal law will also be beneficial for legal officials and practitioners.Trade Review‘This book represents a delightful intellectual companion as well as an urgently needed interdisciplinary anthology. I wholeheartedly recommend lawyers’ engagement with this collection, and I wish it will be adopted by (law) schools around the world as an essential reading.’ -- Riccardo Vecellio Segate, Nordic Journal of Human Rights'It's high time that we appreciate the importance for law of emotions, like anger, disgust or empathy. Should law embrace emotion as inevitable, or discourage it for warping judgments and hampering fairness? The editors have gathered an impressive interdisciplinary range of perspectives on this flourishing field. Their superb collection of contributors reveal the importance of emotion not only in criminal law, but in bankruptcy, evidence, international law and other arenas. The power of emotion matters not only for juries, but for judges, legal educators and legislators. The Research Handbook of Law and Emotion is an innovative and thoughtful contribution that brings order to a complex unruly field.'Table of ContentsContents: Introduction 1 Susan A. Bandes, Jody Lyneé Madeira, Kathryn D. Temple and Emily Kidd White PART I FOUNDATIONS PSYCHOLOGY 1 Lay conceptions of emotion in law 15 Terry A. Maroney NEUROSCIENCE 2 The evolving neuroscience of emotion: challenges and opportunities for integration with the law 27 Maria Gendron PHILOSOPHY 3 Law’s sentiments 44 Robin West PEDAGOGY 4 “Whose body is this?” on the role of emotion in teaching and learning law 62 Gillian Calder PART II EMOTIONS 5 When souls shudder: A brief history of disgust and the law 80 Carlton Patrick 6 Retribution: Not anger but respect for dignity 94 Jeffrie G. Murphy 7 Closure in the criminal courtroom: The birth and strange career of an emotion 102 Susan A. Bandes 8 The aptness of anger 119 Amia Srinivasan 9 Remorse: Multi-disciplinary perspectives on how law makes use of a moral emotion 131 Steven Tudor, Michael Proeve, Richard Weisman and Kate Rossmanith PART III LEGAL ACTORS 10 Comparing culturally embedded frames of judicial dispassion 147 Åsa Wettergren and Stina Bergman Blix 11 The loyal defence lawyer 165 Lisa Flower 12 Researching judicial emotion and emotion management 180 Sharyn Roach Anleu, Jennifer K. Elek and Kathy Mack PART IV LEGAL DOCTRINES 13 Family law and emotion 197 June Carbone and Naomi Cahn 14 Debt’s emotional encumbrances 215 Pamela Foohey 15 The emotional dynamics of property law 229 Heather Conway and John Stannard 16 ‘…You don’t pay £100,000 to a lawyer unless you care about something’: The role of emotion in contract law 248 Emma Jones 17 Engaging head and heart: An Australian story on the role of compassion in criminal justice reform 268 Lorana Bartels and Anthony Hopkins PART V LEGAL DECISION-MAKING 18 Emotional evidence in court 288 Hannah J. Phalen, Jessica M. Salerno, and Janice Nadler 19 Emotional dimensions of visual evidence 312 Neal Feigenson 20 Distancing devices and their challenge to judicial emotion realists – so far, yet so near 327 Lee Marsons 21 The emotional storying of Charles Ssenyonga as an HIV sexual predator in June Callwood’s ‘Trial Without End: A Shocking Story of Women and AIDS’ 342 Jennifer M. Kilty PART VI HISTORY OF LEGAL EMOTIONS 22 Love in the courtroom: The debate on crimes of passion in late nineteenth-century Italy 359 Emilia Musumeci 23 Lawyerization, providence, and emotion in the eighteenth-century criminal trial 374 Amy Milka and David Lemmings 24 Copping an attitude: Slang and the neglected racial history of fear and resentment toward law enforcement and legal authority 391 Nicole Mansfield Wright 25 Curiosity and legal affect in Fulbeck’s A Direction or Preparative to the Study of the Lawe 407 Simon Stern 26 Why the law needs the history of emotions: William Blackstone, Agamben and form-of-life 421 Kathryn D. Temple PART VII BEYOND THE COURTROOM LEGISLATION 27 Soft targets: Emotions in the passage of “stand your ground” legislation 438 Jody Lyneé Madeira and Catherine Wheatley INTERNATIONAL LAWS AND TRIBUNALS 28 Between micro and macro justice: Emotions in transitional justice 460 Susanne Karstedt 29 How the emotions and perceptual judgments of frontline actors shape the practice of international humanitarian law 477 Rebecca Sutton 30 Images of reach, range, and recognition: Thinking about emotions in the study of international law 492 Emily Kidd White PART VIII CLASSIC ARTICLES 31 Empathy, narrative, and victim impact statements (1996) 514 Susan A. Bandes 32 Law and emotion: A proposed taxonomy of an emerging field 534 Terry A. Maroney 33 Who’s afraid of law and the emotions 566 Kathryn Abrams and Hila Keren Index 601

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Book Synopsis''When the exception becomes the norm, the power of the sovereign is arbitrary, just as in pre-democratic times. But such arbitrariness is not random: it is applied primarily to certain categories of what used to be called ''the lower orders'' of society - the undocumented immigrants and the racially ''other,'' regardless of prior citizenship status. The very notion of citizen becomes vague and the status can be lost through a Kafkaesque process in which the state is unfathomable and often acts behind the scenes. This book edited by Devyani Prabhat brings together academics and lawyers working in the field of nationality and immigration laws, and shows how what has long been a feature of the labor market, namely, the precarious nature of jobs, has now become a feature of basic rights of ''belonging.'' Citizenship is precarious too. The chapters in this volume lead us straight to the question: What is the rule of law in such state of indistinction? Societies in decadence, like the current Western powers, entwine retrenchment with resentment, the exceptional with the normal, the in-group with the out-group. Devyani Prabhat and her colleagues analyze with great precision the alarming advance of legal imprecision, the interests that are vested in categorical confusion, and the erosion of basic rights in societies like the UK and the US - notably the right of persons to reside in peace and without fear.' - Juan Corradi, New York University, US This innovative book considers the evolution of the contemporary issues surrounding British citizenship, integrating the social aspects and ideas of identity and belonging alongside its legal elements. With contributions from renowned lawyers and academics, it challenges the view that there are immutable values and enduring rights associated with citizenship status. The book is organised into three thematic parts. Expert contributors trace the life cycle of the citizenship process, focusing on becoming a British citizen, retaining this citizenship with its associated rights, and the potential loss of citizenship owing to immigration controls. Through a critical examination of the concepts and content of British citizenship, the premise that citizenship retracts from full membership in society in times of turmoil is questioned. Wide-ranging and interdisciplinary, Citizenship in Times of Turmoil? will be a key resource for scholars and students working within the fields of migration, citizenship and immigration law. Including details of legal practice, it will also be of benefit to practitioners.Trade Review'Devyani Prabhat has assembled an excellent team of scholars across academic disciplines and legal specialisations. The chapters provide comprehensive and expert analysis on contemporary issues of British citizenship, ranging from the shifting categories of exclusion and inclusion in nationality law, naturalisation policy and integration tests to Brexit, ''the hostile environment'' and the Windrush scandal. The book is unique in combining the theory, practices and policies of British citizenship.' --Dora Kostakopoulou, Warwick University, UK'This work offers a state of the art treatment of the law and policy on citizenship in Britain, covering access to nationality and the scope of citizenship rights. With contributions by leading scholars and practitioners of citizenship and immigration law, it provides a comprehensive account of key questions, including discrimination in nationality law, deprivation of citizenship, and the implications of in-country checks of status.' --Bernard Ryan, University of Leicester, UK'This book addresses a most timely topic - British citizenship - from all possible perspectives: practice, theory and policy and from various academic disciplines. It provides for a very welcome contribution to discussions on every day politics and on knowledge on the legal position of many different categories of immigrants. In these times of turmoil citizenship can be a basis for security and rights and therefore it is essential to examine all its dimensions carefully. This book is an indispensable aid for knowing more about British citizenship.' --Frans Pennings, Utrecht University, the NetherlandsTable of ContentsContents: Part I MAKING BRITISH CITIZENS 1. Discrimination in British Nationality law Alison Harvey 2. The Life in the UK Citizenship Test and the Urgent Need for Its Reform Thom Brooks 3. Naturalisation and becoming a citizen in the UK Bridget Byrne 4. Children’s Pathways to British Citizenship Solange Valdez-Symonds Part II HOLDING BRITISH CITIZENSHIP AND IMMIGRATION CONTROLS 5. Citizenship, semi-citizenship and the hostile environment: the performativity of bordering practices Christopher Bertram 6. The Immigration Act 2014 and the Right to Rent David Smith Part III LOSING BRITISH CITIZENSHIP AND IMMIGRATION CONTROLS 7. The rise of modern banishment: deprivation and nullification of British citizenship Colin Yeo 8. A Constitutional Eyesore After Brexit: EU Citizenship and British Nationality Patricia Mindus 9. Remember when 'Windrush' was still just the name of a ship? Fiona Bawdon 10. The Blurred Lines of British Citizenship and Immigration Control: The Ordinary and the Exceptional Devyani Prabhat Index

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Book SynopsisThis Research Handbook offers unparalleled insights into the large-scale resurgence of interest in Marx and Marxism in recent years, with contributions devoted specifically to Marxist critiques of law, rights, and the state.The Research Handbook brings together thirty-three scholars of Marx, Marxism, and law from around the world to offer theoretically informed introductions to the Marxist tradition of social critique, contemporary Marxist analyses of law and rights, and future orientations of Marxist legal analysis. Chapters testify to the strength of Marxist critical tools for understanding the role of law, rights, and the state in capitalist societies. Exploring Marxist critique across an extraordinarily wide range of scholarlydisciplines, this Research Handbook is a must-read for scholars of law, politics, sociology, philosophy, and political economy who are interested in Marxism. Graduate and advanced undergraduate students in these and related disciplines will also benefit from the Research Handbook.Trade Review‘This collection makes an important contribution at an inflection point crossed by the crisis of global capitalism and South Africa’s own challenges generated by the Radical Economic Transformation faction of the ruling party and fellow populist travellers. One can only express the tentative hope that some of this collection finds its way into the teaching of legal theory in South African law schools.’ -- The Hon Justice Dennis Davis, The South African Law Journal‘The modestly titled Research Handbook on Law and Marxism is in fact a pioneering venture that brings together as many as 29 contributions on a wide range of subjects relating to law, seen through the analytical prism of Marxism. It will prove to be a useful reference point for students and seasoned writers alike. -- Utsa Patnaik, Professor Emerita, Jawaharlal Nehru University, India‘This volume displays the breadth and vitality of research on law from within the traditions of Marxism. Written from many different perspectives and by a healthy mix of eminent and emerging scholars, the essays collected here ably guide the reader through a century and a half of debates and controversies. These are debates both among Marxists about the status, import, and structure of the law and modern legal institutions, and between Marxists and non-Marxist legal scholars, collectively demonstrating that Marxism has indelibly shaped legal theory, constitutional theory, the theory of the state, and the theory of international law. This will undoubtedly be my new go-to reference volume on all questions pertaining to Marxism and legal studies.’ -- William Clare Roberts, McGill University, Canada‘Paul O’Connell and Umut Özsu have done a great service to all scholars of Marxism. They have assembled a comprehensive volume that includes contributions of both noted experts and brilliant young researchers and that fills a void in the existing literature. The outcome is a wonderful Handbook that is useful for both specialists and readers who approach Marxism and law for the first time. This book will serve as a guide in the field for many years to come.’ -- Marcello Musto, York University, CanadaTable of ContentsContents: 1 Introduction to the Research Handbook on Law and Marxism 1 Paul O’Connell and Umut Özsu PART I MARX AND THE MARXIST TRADITION 2 Legal and illegal political tactics in Marxist political theory 6 Clyde W Barrow 3 Marx on the Factory Acts: Law, exploitation, and class struggle 21 Daniel McLoughlin and Talina Hürzeler 4 ‘Putting weapons into the hands of the proletariat’: Marx on the contradiction between capitalism and liberal democracy 35 August H Nimtz 5 Marx’s concept of dictatorship 61 Cosmin Sebastian Cercel 6 Revolution, Lenin, and law 77 Michael Head 7 Marx, Engels, Lenin, and the right of peoples to self-determination in international law 98 Bill Bowring 8 Pashukanis’ commodity-form theory of law 115 Matthew Dimick 9 Thinking in a Gramscian way: Reflections on Gramsci and law 139 Pablo Ciocchini and Stéfanie Khoury 10 Poulantzas’ changing views on law and the state 156 Bob Jessop 11 The state as social relation: Poulantzas on materiality and political strategy 173 Rafael Khachaturian PART II CONTEMPORARY MARXIST ANALYSIS OF LAW, RIGHTS AND THE STATE 12 Marx’s critique and the constitution of the capitalist state 190 Rob Hunter 13 Marx and critical constitutional theory 209 Nimer Sultany 14 The reproduction of moral economies in capitalism: Reading Thompson structurally 242 Nate Holdren 15 Law and the state in Frankfurt School critical theory 261 Chris O’Kane 16 Feminist materialism and the laws of social reproduction 283 Miriam Bak McKenna 17 Marxism, labour and employment law, and the limits of legal reform in class society 299 Ahmed White 18 Karl Marx, Douglass North, and postcolonial states: The relation between law and development 319 BS Chimni 19 Transcending disciplinary fetishisms: Marxism, neocolonialism, and international law 335 Radha D’Souza 20 Taking political economy seriously: Grundriss for a Marxist analysis of international law 356 Rémi Bachand 21 From class-based project to imperial formation: European Union law and the reconstruction of Europe 375 Eva Nanopoulos PART III FUTURE ORIENTATIONS OF MARXIST LEGAL ANALYSIS 22 From free time to idle time: Time, work-discipline, and the gig economy 400 Rebecca Schein 23 Greening anti-imperialism and the national question 421 Max Ajl 24 Ideology, narrative, and law: ‘Operation Car Wash’ in Brazil 444 Enzo Bello, Gustavo Capela, and Rene José Keller 25 The poetry of the future: Law, Marxism, and social change 458 Paul O’Connell 26 Nomocratic social change: Reassessing the transformative potential of law in neoliberal times 477 Honor Brabazon 27 Beyond fetishism and instrumentalism: Rethinking Marxism and law under neoliberalism 497 Igor Shoikhedbrod 28 Law and the socialist ideal 512 Christine Sypnowich 29 Marx on law and method 529 Natalia Delgado 30 Principles for a dialectical-materialist analysis of law and the state 544 Dimitrios Kivotidis Index

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Book Synopsis2019 Choice Outstanding Academic title I.B.Tauris in association with the Institute of Ismaili Studies Why is the term shari?a-the mention of which conjures up images of a politicised religion in many parts of the world-understood in the ways that it is today? For Muslims and non-Muslims alike, much is read into this term, often with scant regard for its historical, cultural or theological underpinnings. The politics of identity has a profound effect on contemporary life, both secular and religious, and this includes our understandings of the shari?a. Yet at the core of this concept, for Muslims, is the quest for a moral compass by which to navigate a path through life (Qur'an, 45:18), informed deeply by revelation and its interpretation by the Prophet Muhammad as well as his closest Companions. Built on this foundation is an ongoing human endeavour to grasp and lend expression to that teaching-elaborately in law, but no less so in devotional, ethical and customary practices in diverse Shi?i and Sunni Muslim communities, including in the West. Popular myths about the shari?a - that it is divine law, that it is contained in a single code recognised by all Muslims, that it is about controlling behavior, that it `defines' Islam - are challenged in this volume by leading scholars, with a view to illuminating how we arrived here and where we might be headed. The claims of the modern state as the custodian of the shari?a are put into perspective, alongside the vital role of a pluralist civil society. From bioethics, human development, family law and finance to constitutional and human rights issues, this fifth volume in the Muslim Heritage Series offers an accessible account of the ideals and realities of the shari?a. As such, it will appeal not only to specialists in the humanities and social sciences, but also to the general reader with an interest in global affairs and informed citizenship.Trade ReviewEach essay includes helpful suggestions for further reading. This book opens the way to a new inquiry: Shari'a as the linking of divine will and human good. It makes for excellent reading and thinking ... Summing Up: Highly recommended. * CHOICE *Successfully [conjoins] the rich, sometimes turbulent, development of Islamic history, juristic tradition, philosophy and Islamic thought in an accessible and excellent manner, notwithstanding the different specialties/approaches of the authors ... I would recommend this collection to other students and specialists in the humanities and social sciences, and for the general reader to gain insight into the prospective role and application of the Shari'ah in the modern world. * The Muslim World Book Review *Table of Contents1. Introduction: A Multifaceted Venture – Amyn B. Sajoo; 2. Foundations – Khaled Abou al Fadl; 3. Recovering the Ethical – Ebrahim Moosa; 4. Sustaining and Enhancing Life – Karim H. Karim; 5. Spiritual Refinement – Sa’diyya Shaikh; 6. Women’s Equality – Ziba Mir-Hosseini; 7. Family Law to Finance – Mohamed Keshavjee & Raficq Abdulla; 8. Bioethics – Amyn B. Sajoo; 9. Legitimizing Authority – Amaan Merali; 10. Democratisation and Shari?a: The Indonesian Experience - Carool Kersten; 11. Shari?a in the Western Landscape – Nicholas Ahrony & Rex Ahdar; 12. Secularism and the Shari?a: Lessons from an Ontario Debate – Jennifer Selby.

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Book SynopsisSince the early 2010s, an increasing number of European countries have passed laws that prohibit the wearing of various kinds of Islamic veil in particular circumstances. This insightful book considers the arguments used to justify such laws and analyses the legitimacy of these arguments both generally and in regards to whether such laws can be seen as justified interferences with the rights of women who wish to wear such garments.This timely book considers the most recently passed European laws that target Islamic veiling. The author situates the justifications for anti-veiling laws in the context of a careful analysis of the reasons why women wear veils, and considers these justifications by reference to emerging debates surrounding the relative value of liberalism and human rights, multiculturalism, and the need to protect 'traditional values'. The book concludes that these laws are best viewed as symbolic strikes at a recognizable symbol of an ideological opponent, theorising that their principal purpose is to enable particular countries to reaffirm traditional values in a context of increased domestic opposition to multiculturalism. This engaging work will be valuable reading for students and scholars of human rights law, Islamic law and those interested specifically in the laws and regulations surrounding Islamic veiling around the world.Trade Review'Though people may agree or disagree with his conclusions, anyone interested in the difficult and controversial topic of the restrictions on face-veiling in Europe will benefit from reading the interesting, well-researched and elegantly-argued book Neville Cox has written.' --Ronan McCrea, University College London, UKTable of ContentsContents: 1. Introduction 2. Rationales for Veiling and the Meaning of the Veil 3. Veiling and Rights 4. Terrorism, National Security and the Islamic Veil 5. Women’s Rights, Equality and the Islamic Veil 6. Veiling and Societal Values 7. Veiling and the Rights of Others 8. Symbolic Statements, Clashing Values and European Anti-Veiling Laws Index

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Book SynopsisThis ground-breaking and timely book explores how big data, artificial intelligence and algorithms are creating new types of agency, and the impact that this is having on our lives and the rule of law. Addressing the issues in a thoughtful, cross-disciplinary manner, the authors examine the ways in which data-driven agency is transforming democratic practices and the meaning of individual choice. Leading scholars in law, philosophy, computer science and politics analyse the latest innovations in data science and machine learning, assessing the actual and potential implications of these technologies. They investigate how this affects our understanding of such concepts as agency, epistemology, justice, transparency and democracy, and advocate a precautionary approach that takes the effects of data-driven agency seriously without taking it for granted. Scholars and students of law, ethics and philosophy, in particular legal, political and democratic theory, will find this book a compelling and invaluable read, as will computer scientists interested in the implications of their own work. It will also prove insightful for academics and activists working on privacy, fairness and anti-discrimination. Contributors include: J.E. Cohen, G. de Vries, S. Delacroix, P. Dumouchel, C. Ess, M. Garnett, E.H. Gerding, R. Gomer, C. Graber, M. Hildebrandt, C. Maple, K. O'Hara, P. Ohm, m.c. schraefel, D. Stevens, N. van Dijk, M. VealeTrade Review'The volume begins with a deep and insightful philosophical dialogue between the editors on AI, conservatism and legal protection, which sets the scene for the wide ranging but complementary chapters that follow. It confronts a set of questions about our data-driven present-future which are at once theoretical and practically urgent. Amongst the now-crowded literature on the political and legal implications of digital technologies, it is rare to encounter writing with such lyricism and verve, by turns whimsical and deadly serious. The chapters present a range of novel conceptual frames, from the algorithmic limbic system to a conservative defence against big data, each of which are bold and imaginative whilst being predicated on existing social and technological practices.' --Reuben Binns, University of Oxford, UK'In a time in which algorithms are pervading communication, culture and social life in increasingly effective ways, theoretical reflection often lags behind. Hildebrandt and O'Hara have succeeded in assembling and coordinating a brilliant collection of observations from different disciplines that, rather than being driven by technology, ambitiously show alternative perspectives. An illuminating read to help us understand and govern the challenges our society is facing.' --Elena Esposito, University of Bologna, Italy and University of Bielefeld, Germany'How should human agents preserve their humanity, their agency, and their valued institutions in their self-created data-driven environments? In this stimulating book - a follow-up to Smart Technologies and the End(s) of Law - readers will find more from Mireille Hildebrandt (in her own right and in conversation with her co-editor, Kieron O'Hara) and more from an impressive team of contributors (spanning law, philosophy, politics, media and computer science). Text is not yet dead; this is a must-read book.' --Roger Brownsword, King's College London and Bournemouth University, UKTable of ContentsContents: Preface xii 1. Introduction: Life and the law in the era of data-driven agency 1 Mireille Hildebrandt and Kieron O’Hara 2. Between the editors 16 Kieron O’Hara and Mireille Hildebrandt PART I 3. Data-driven agency and knowledge 45 Paul Dumouchel 4. The emergent limbic media system 60 Julie E. Cohen 5. Smart technologies and our sense of self: Going beyond epistemic counter-profiling 80 Sylvie Delacroix and Michael Veale 6. Rethinking transparency for the Internet of Things 100 m.c. schraefel, Richard Gomer, Enrico Gerding and Carsten Maple 7. From the digital to a post-digital era? 117 Charles Ess PART II 8. Do digital technologies put democracy in jeopardy? 135 Gerard de Vries 9. In defence of ‘Toma’: Algorithmic enhancement of a sense of justice 156 David Stevens 10. The conservative reaction to data-driven agency 175 Kieron O’Hara and Mark Garnett 11. Artificial intelligence, affordances and fundamental rights 194 Christoph B. Graber 12. Throttling machine learning 214 Paul Ohm 13. In the hall of masks: Contrasting modes of personification 230 Niels van Dijk RESPONSE 14. Life and the law in the era of machine agency 253 Mireille Hildebrandt Index 265

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Book SynopsisEurope is ageing. However, in many European countries, and in almost all fields of life, older persons experience discrimination, social exclusion, and negative stereotypes that portray them as different or a burden to society. This pivotal book is the first of its kind, providing a rich and diverse analysis of the inter-relationships between ageing, ageism and law within Europe.Throughout the book - which builds on a European Cooperation in Science & Technology (COST) action - leading scholars offer theoretical and empirical analysis in order to discern the role European law plays in perpetuating and combating ageism. Including specific examples of how stereotypes and prejudices influence and shape the European legal system, the book contributes to the broader current global social movement towards advancing a new international human rights convention for older persons.Timely and engaging, this book will appeal to students and scholars of law, sociology, public policy and a wide range of related fields including gerontology, human rights, and health-studies. Practitioners, policy-makers, civil society organizations and senior citizens activists will also benefit from the insights into the socio-legal aspects of social policies and human rights of older persons.Contributors include: P. de Hert, M. De Pauw, I. Doron, N. Georgantzi, A. Gur, R. Harding, E. Mantovani, T. Mattsson, B. Mikolajczyk, A. Numhauser-Henning, G. Quinn, P. Quinn, B. Spanier, B. Sleap, J. WatsonTrade Review'This is an excellent collection of essays from some of the leading scholars on ageing and the law. It brings new insights from around Europe on one of the great issues of the day. Protecting the rights of older people is a core issue facing any legal system and this collection provides essential tools to ensure that the law enables us to have a flourishing old age.' --Jonathan Herring, University of Oxford, UK'A ground-breaking, stimulating, and beautifully curated collection that will become the leading book in this urgently important and under-discussed area of the law.' --Charles Foster, University of Oxford, UK'Ageing, Ageism and the Law offers insightful commentary on the issues of ageing, ageism and discrimination from various perspectives. The book provides the reader with a deeper understanding of the issues as the authors delve into their topics with insightfulness. This thought-provoking book is a welcome addition to the field and advances the discourse on this significant issue.' --Rebecca C. Morgan, Stetson University, College of Law, USTable of ContentsContents: Forward Liat Ayalon and Clemens Tesch-Romer Introduction: Between Law, Aging and Ageism Israel (Issi) Doron and Nena Georgantzi Part I Theories and Concepts 1. Equality, Social Justice and Older People Rosie Harding 2. Age, Vulnerability and Disability Titti Mattsson 3. Ageism, Moral Agency, and Autonomy - Getting Beyond Guardianship in the 21st Century Gerard Quinn, Ayelet Gur and Jo Watson Part II Realities and Legal Experiences 4. Legal Basis of Active Ageing: European Developments Barbara Mikołajczyk 5. Ageism, Age Discrimination, Ageism, and Employment Law in the EU… Ann Numhauser-Henning 6. Stereotyping and Other “Forms of Discrimination in the Chicago Declaration on the Rights of Older Persons and in the Case Law of the European Court of Human Rights Eugenio Mantovani, Paul Quinn and Paul de Hert 7. The European Social Charter and the Rights of Older Persons Benny Spanier and Israel Doron 8. Ageism and Age Discrimination in International Human Rights Law Marijke De Pauw, Bridget Sleap and Nena Georgantzi Index

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Book SynopsisThis innovative Handbook provides an expansive interrogation of the spaces and places of law, exploring how we engage relationally in a material world, within which we are inter-dependent and reliant, and governed by laws in a dynamic process. It advances novel insights into the numerous intersections of space, place and law in our lives.International contributors offer a range of activity-orientated analyses, focusing on methodology, embodied experience, legal pluralism, conflict and resistance, and non-human and place agency. The Handbook examines a number of cross-cutting themes including social inequality, environmental justice, sustainability, urban development, Indigenous legal systems, the effects of colonialism and property law. Representing a diversity of locales from all around the world, the chapters encompass both urban and rural, terrestrial and marine areas, agential and storied spaces, and fictional as well as ''real'' places.Taking a multidisciplinary approach that incorporates law, human and legal geography, planning, sociology, political ecology, anthropology, and beyond, this comprehensive Handbook will be critical reading for scholars and students of these and cognate areas. Its discussion of empirical examples will also be beneficial for practitioners and policymakers interested in these fields. Trade Review‘The editors make a distinct contribution to legal geography, shaping a diverse, expansive, and future-focused collection of essays which finely balance being critically attuned to unequal formations of law and power whilst offering optimistic approaches of how to do things with legal geography. The range of topics and breadth of imagination is undoubtedly impressive.’ -- Jessica Smith, Frontiers of Socio-Legal Studies'A must-have for readers paying attention to space, place and law. This edited book is a journey along a braided river, with 32 chapters on Indigenous issues, non-human others, cyberlaw, the sea, cities, energy, the underground and much more. Highly readable and packed with important insights, you will need to put this book down, but you will soon pick it up again.' -- Phil McManus, University of Sydney, Australia'The contributors, refreshingly, are diverse and differently situated. Intellectually, they also come from many worlds -- geography, law, planning, anthropology, and so on. Their work speaks to the crucial challenges, tied to systemic inequality, that we confront, while also reminding us of the diverse forms that legal geography takes. It insists that legal geography is needed now, more than ever.' -- from the Foreword by Nicholas Blomley'Legal geography has much promise in deepening our understanding of the linkages between societies, their governance, and the world we live in. The Handbook on Space, Place and Law offers not only a major consolidation of the field, but a significant extension. Bartel, Carter and colleagues scope widely across socio-legal contexts, policy sectors and environments, and offer deep insights of great value to geographers and lawyers alike, and indeed to anyone concerned with the conditions of people and their environments.' -- Stephen Dovers, Australian National UniversityTable of ContentsContents: Foreword: What is legal geography? Why, and why now? xvii Nicholas Blomley Introduction to space, place and law xx Robyn Bartel and Jennifer Carter PART I WAY FINDING 1 How to make 1500 holes in the ground: accounting for law alongside other place-shaping factors in the making of an exceptional Cold War network 2 Luke Bennett 2 Legislative tenure and spatial economic analysis: an illustrative example of papaya production in Nadroga province, Fiji 14 Chethna Ben 3 In the eyes of the law: stalking and the legal (mis)construal of scopic relational spaces 26 David Delaney and Päivi Rannila 4 All the land was stolen: investigating the aporia of justice through countertopographies of Indigenous land rights and settler colonialism across the Americas 38 Joel E. Correia PART II JOURNEYING 5 Neighbourhoods for an ageing population in Singapore 50 Belinda Yuen 6 Sexual offences and to have done with the courtroom 61 Victoria Brooks 7 Performing law: space and the unfolding of gender and violence in India 72 Kalindi Kokal and Werner Menski 8 Place: sacrifice and property law in extra-territorial nation spaces 86 Lee Godden PART III BORDER CROSSINGS 9 Understanding the impact of customary land tenure and reform in Papua New Guinea 99 Flora Kwapena 10 The spatial management of sex work: placing marginality through formal and informal practices 109 Caitlin Neuwelt-Kearns, Tom Baker and Octavia Calder-Dawe 11 Collision between two ‘public interests’ in housing demolition and relocation in Dalian, China 118 Chen Li, Min Jiang and Mark Yaolin Wang 12 Law, place and maps 129 Antonia Layard PART IV DIFFERENT DIRECTIONS 13 Activating rural spaces in the pursuit of unconventional energy and justice 142 Meg Sherval 14 Land territorialisation, contestation and informal place-laws of Indigenous peoples in Phuket and Phang Nga, Thailand 156 Daniel Robinson, Danielle Drozdzewski and Jaruwan Kaewmahanin Enright 15 Indigenous land conflict and the underlying life of laws: lessons from the Ipperwash Crisis 170 Nicole Latulippe 16 Extracting Indigenous jurisdiction on private land: the duty to consult and Indigenous relations with place in Canadian law 182 Estair Van Wagner PART V INTERSECTIONS 17 Paying attention to the spaces in between: the social production of space and Indigenous presence in cities 196 Melissa Nursey-Bray and Stephen Muecke 18 Negotiating privacy in the ‘vertical city’: regulating the gentrification of the skies 207 Phil Hubbard 19 Landscapes of colonial Australian entanglement: authorities, self-definition and cultural pedagogy 217 John Ryan and Baden Offord 20 Reclaiming land, reclaiming the ‘nomos’: towards a geography of emerging rights 229 Benno Fladvad, Silja Klepp and Florian Dünckmann PART VI FELLOW TRAVELLERS 21 Pets, pests and humane humans 241 Jennifer Carter and Mandy Paterson 22 Apples and oranges? Exchanging offsets for a place agency-based approach 254 Wendy Beck and Robyn Bartel 23 A case for ‘place’ in governing the energy–environment nexus 268 Amanda Kennedy and Cameron Holley 24 Dephysicalised property and shadow lands 281 Nicole Graham PART VII NEW HORIZONS 25 Territorializing Arrakis: competing for water and melange at the edge of the galactic empire – between desert gatherers and the spacefaring 293 Allan Charles Dawson and Ismael Vaccaro 26 Law underground: the legal geographies of gas transmission pipeline risk regulation 304 Brad Jessup 27 Place, space, and cyberlaw 316 Barney Warf 28 Freedom and constraint in sailing: exploring a gendered attachment to sea-places 327 Shelley A. Wright PART VIII WAYS FORWARD 29 Tackling corruption in urban development and planning: from compliance to integrity in Africa and beyond 339 Dieter Zinnbauer and Stephen Berrisford 30 Land, people and places: double visions and corporate land ownership 350 Radha D’Souza 31 Making there like here: is the impossible possible? 365 Robyn Bartel and Christopher Stone 32 Where to from here? From law to place and back again 382 Robyn Bartel and Jennifer Carter Index

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Book SynopsisNew and emerging technologies are reshaping justice systems and transforming the role of judges. The impacts vary according to how structural reforms take place and how courts adapt case management processes, online dispute resolution systems and justice apps. Significant shifts are also occurring with the development of more sophisticated forms of Artificial Intelligence that can support judicial work or even replace judges. These developments, together with shifts towards online court processes are explored in Judges, Technology and Artificial Intelligence.By considering how different jurisdictions are approaching current and future technological shifts and in particular by focusing on the different approaches in the US, UK, Australia and China and elsewhere, the author draws a rich comparative exploration of justice technology trends. Judicial commentary is considered as well as the growing scholarly discourse about these trends. Ethical and user centred design options are examined in the context of how responsive judges engage with supportive, replacement and disruptive technologies in courts.This book explores current issues regarding the responsiveness of the justice system in the pandemic era. In addition, how technology can respond and shift justice processes is a growing field of research, for judges, scholars, students and justice commentators. It provides a much-needed resource on an increasingly important topic.Trade Review‘One of Australia’s most innovative and forward-thinking lawyers has written an important book about technology in the courts and the use that can be made of artificial intelligence (AI). Sourdin is much more than a tech-nerd. She views technology not as a replacement for judges but as an aid for enhancing the work of the justice system with the potential to improve decision-making and reduce cost and delay.’ -- Ian Freckelton AO QC, Law Institute Journal'This book focuses on how new information technologies can support judges and lawyers. It explores the extent to which technological developments might replace judges, in at least some aspects of their work. Human justice requires protection of ethical frameworks, litigant vulnerability and sensitivity to diversity. The author is aware of the limits of change. But no practitioner can be complacent about difficulties and costs of access to the law. The author challenges us to think creatively and questioningly about the status quo.' -- The Honorable Michael Kirby AC CMG, Past Justice of the High Court of Australia'For fifty years, the legal community has avoided investigating the impact that Artificial Intelligence might have on the law. Then suddenly it has become petrified that robo-justice might become the norm. Tania Sourdin is an esteemed scholar and researcher in Artificial Intelligence, technology and law. In her book Judges, Technology and Artificial Intelligence she conducts a comprehensive excellent study of how technology is changing the way that we practice law.' -- John Zeleznikow, Latrobe University Law School, AustraliaTable of ContentsContents: Preface 1. Judges and technology 2. The role and function of a judge: the adoption and adaptation of technology by judges 3. Exploring algorithmic justice 4. Courts and technology 5. Judge v robot or judge and cobot? 6. Better access to justice? 7. Judges, technology and judicial independence 8. Judge AI 9. Ethical issues in Judge AI and judicial technology use 10. Future justice Index

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Book SynopsisThis revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world, including those in Europe, South Africa, China, Colombia, India and Brazil. This book provides an introduction to theories of equality and sources of equality law, and examines inequality and discrimination based on gender, race, ethnicity, sexual orientation and identity, religion and disability. Key features: Extensive chapter notes add critical context to areas of developing law Analysis of a range of sources: each chapter includes case law, treaty law, statutory law, regulatory law and legal scholarship A comparative problem-based approach, using concrete issues of inequality and discrimination to help students focus on real world concerns Examination of key contested topics such as marriage inequality, the rights of persons with disabilities, affirmative action, reproductive rights, employment discrimination and hate speech A supplementary online course with additional content and guidance for both students and instructors is available through Stanford Law School. Written in a thorough yet accessible style and with contributions from leading international legal scholars, this casebook is ideal for lecture courses, seminars and summer programs in equality and anti-discrimination in law schools, as well as undergraduate courses in law, political science and sociology. Contributors include: D. Allen, P.L. Cherian, D. Collier, J. Damamme, T. Degener, R. Ford, S. Foster, S. Han, K. Loper, S. Misra, D.B. Oppenheimer, M.-C. Pauwels, S. Robin-Olivier, B. Wang, W. ZhouTrade Review'This book provides a unique contribution to the practice of equality and non-discrimination in different jurisdictions. It fosters a strategic use of comparative law. Such a global approach to anti-discrimination law promotes the diffusion of legal arguments which transform the principle of equality. A must read for lawyers and academics eager to achieve social justice.' --sabelle Rorive, Université Libre de Bruxelles, Belgium'Comparative Equality and Anti-Discrimination Law stands out for its carefully-curated selection of materials, its genuinely international range of reference, and the rigour of its editorial content. Equality and discrimination law has put down deep roots in multiple different legal systems: this book provides an invaluable overview of the conceptual debates that surround its development.' --Colm O'Cinneide, University College London, UKTable of ContentsContents: 1. What is Equality in the Law 2. Sources of Equality Law 3. Employment Discrimination In The United States 4. Employment Discrimination in Europe 5. Employment Discrimination in Brazil, India, China, Hong Kong, South Africa, Australia, and Israel 6. Harassment as Employment Discrimination 7. Affirmative Action in the United States 8. Affirmative Action In Europe 9. Global Affirmative Action 10. Parity Democracy: Affirmative Action in the Regulation of Decision-Making 11. Marriage Equality In The United States 12. Marriage Equality Around the Globe 13. Equality and Hate Speech 14. Equality and Religion: Secularism and Establishment 15. Equality and Religion: Free Exercise of Religion for Religious Minorities in the United States and India 16. Religious Expression Through Clothing in The 21st Century 17. Equality and Reproductive Rights 18. Equality and the Rights of Persons with Disabilities Index

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Book SynopsisThis revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world, including those in Europe, South Africa, China, Colombia, India and Brazil. This book provides an introduction to theories of equality and sources of equality law, and examines inequality and discrimination based on gender, race, ethnicity, sexual orientation and identity, religion and disability. Key features: Extensive chapter notes add critical context to areas of developing law Analysis of a range of sources: each chapter includes case law, treaty law, statutory law, regulatory law and legal scholarship A comparative problem-based approach, using concrete issues of inequality and discrimination to help students focus on real world concerns Examination of key contested topics such as marriage inequality, the rights of persons with disabilities, affirmative action, reproductive rights, employment discrimination and hate speech A supplementary online course with additional content and guidance for both students and instructors is available through Stanford Law School. Written in a thorough yet accessible style and with contributions from leading international legal scholars, this casebook is ideal for lecture courses, seminars and summer programs in equality and anti-discrimination in law schools, as well as undergraduate courses in law, political science and sociology. Contributors include: D. Allen, P.L. Cherian, D. Collier, J. Damamme, T. Degener, R. Ford, S. Foster, S. Han, K. Loper, S. Misra, D.B. Oppenheimer, M.-C. Pauwels, S. Robin-Olivier, B. Wang, W. ZhouTrade Review'This book provides a unique contribution to the practice of equality and non-discrimination in different jurisdictions. It fosters a strategic use of comparative law. Such a global approach to anti-discrimination law promotes the diffusion of legal arguments which transform the principle of equality. A must read for lawyers and academics eager to achieve social justice.' --sabelle Rorive, Université Libre de Bruxelles, Belgium'Comparative Equality and Anti-Discrimination Law stands out for its carefully-curated selection of materials, its genuinely international range of reference, and the rigour of its editorial content. Equality and discrimination law has put down deep roots in multiple different legal systems: this book provides an invaluable overview of the conceptual debates that surround its development.' --Colm O'Cinneide, University College London, UKTable of ContentsContents: 1. What is Equality in the Law 2. Sources of Equality Law 3. Employment Discrimination In The United States 4. Employment Discrimination in Europe 5. Employment Discrimination in Brazil, India, China, Hong Kong, South Africa, Australia, and Israel 6. Harassment as Employment Discrimination 7. Affirmative Action in the United States 8. Affirmative Action In Europe 9. Global Affirmative Action 10. Parity Democracy: Affirmative Action in the Regulation of Decision-Making 11. Marriage Equality In The United States 12. Marriage Equality Around the Globe 13. Equality and Hate Speech 14. Equality and Religion: Secularism and Establishment 15. Equality and Religion: Free Exercise of Religion for Religious Minorities in the United States and India 16. Religious Expression Through Clothing in The 21st Century 17. Equality and Reproductive Rights 18. Equality and the Rights of Persons with Disabilities Index

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Book SynopsisSinging the Law is about the legal lives and afterlives of oral cultures in East Africa, particularly as they appear within the pages of written literatures during the colonial and postcolonial periods. In examining these cultures, this book begins with an analysis of the cultural narratives of time and modernity that formed the foundations of British colonial law. Recognizing the contradictory nature of these narratives (i.e., both promoting and retreating from the Euro-centric ideal of temporal progress) enables us to make sense of the many representations of and experiments with non-linear, open-ended, and otherwise experimental temporalities that we find in works of East African literature that take colonial law as a subject or point of critique. Many of these works, furthermore, consciously appropriate orature as an expressive form with legal authority. This affords them the capacity to challenge the narrative foundations of colonial law and its postcolonial residues and offer alternative models of temporality and modernity that give rise, in turn, to alternative forms of legality. East Africa’s “oral jurisprudence” ultimately has implications not only for our understanding of law and literature in colonial and postcolonial contexts, but more broadly for our understanding of how the global south has shaped modern law as we know and experience it today.Trade ReviewReviews'Singing the Law is an exemplary contribution to the burgeoning field of postcolonial literature and law scholarship. Leman makes a compelling case for why we should pay attention to the relationship between a specific literary form—memoir, drama, dictator fiction, dialogical epic poetry—and oral and written law.'Anne W. Gulick, University of South CarolinaTable of ContentsIntroductionTemp/orality in Law and East African LiteratureChapter 1Catching History by the Tail: Colonial Non-Fiction, Aristocratic Atavism, and the Crisis of Modernity in KenyaChapter 2A Song Whose Time Has Come: Northern Uganda, Apocalyptic Futures, and the Oral Jurisprudence of Okot p’BitekChapter 3Between Formal and Infinite Time: Labor Law and Revolutionary Futures in Kenyan Popular PerformanceChapter 4Time Heals All Regimes: Temporality, Somali Oral Law, and the Illegality of African DictatorshipsConclusionTemp/orality and Law in the End TimesBibliography

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Book SynopsisThe environmental challenges of the twenty-first century have raised profound questions regarding the suitability of environmental law to manage the many complex issues at hand. This insightful book considers how the law has adapted to address these challenges and considers the ways in which it might be used to cope with environmental risks and uncertainties, whilst also promoting resilience and greater equality. The book uses a multi-disciplinary approach to address the compatibility of law with the notions of risk and resilience, it scrutinises how capable these approaches are to effect equitable solutions to environmental risks, and it raises important questions about multi-level and participatory governance. Key chapters examine a variety of global experiments in countries such as China and countries in Latin America, to generate further governance of the environment, improve the available legal tools and give a voice to more diverse groups. Students and scholars across a variety of fields such as environmental studies, socio-legal studies, law, and risk regulation will find this an stimulating read. Senior policy-makers in central and local government, regulators and risk managers will also find this book imperative in their efforts to manage the dilemmas of environmental control.Contributors include: F.H. Barnes, D. Curran, C. Holley, B.M. Hutter, C. Ituarte-Lima, T. Johnson, J. McDonald, L. Patton, O.W. Pedersen, D. Satterthwaite, E. Sofronova, H. WangTrade Review'This well-timed book tackles two of the most vexing, intertwined governance challenges facing global society: climate change and inequality. Its rich collection of chapters brings transnational, multi-disciplinary perspectives to illuminate possible pathways forward toward a more resilient and just future.' --Cary Coglianese, University of Pennsylvania, USTable of ContentsContents: Preface Part I: Introduction 1. Risk, resilience and inequality: current dilemmas in environmental regulation. Bridget M. Hutter Part II: A changing environmental landscape 2. Risk, resilience and environmental regulation: Using law to build resilience to climate change impacts. Jan McDonald 3. Resilience in environmental law: epistemic limitations and the role of participation. Ole W. Pedersen Part III: Inequality: the social and economic consequences of environmental law 4. Climate change, resilience, and the generation of risk-classes. Dean Curran 5. Transformative biodiversity law and Agenda 2030: mainstreaming biodiversity and justice through human rights. Claudia Ituarte-Lima 6. Inequalities in environmental risks and resilience within urban populations in low and middle income nations. David Satterthwaite Part IV: Governance 7. New environmental governance: adaptation, resilience and law. Cameron Holley and Ekaterina Sefranova 8. Science and the law: how will developments in attribution science affect how the law addresses compensation for climate change effects? Lindene Patton and Felicia H. Barnes. 9. Dialogue strategies for socio-ecological resilience and sustainability in China. Hua Wang. 10. Environmental risks and authoritarian resilience in China. Thomas Johnson Part V: Conclusion 11. Risk, Resilience, Inequality and Environmental Law: Prospects and Obstacles Bridget M. Hutter Index

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Book SynopsisFrom 'I Like Ike' to MAGA hats, branding and politics have gone hand in hand, selling ideas, ideals and candidates. Political Brands is a unique exploration of the legal framework for the use of commercial branding and advertising techniques in presidential political campaigns, as well as the impact of politics on commercial brands. As American federal courts have narrowed the definition of corruption and struck down laws that make lying illegal, branding techniques have been exploited for pernicious purposes. This interdisciplinary book also considers how Donald Trump won the election and used his branding talents to his advantage as both candidate and president. Examining how branding and the power of commercial boycotts can be used by citizens to change public policy, from Civil Rights activists in the 1960's to survivors of the 2018 Parkland massacre, this thought-provoking book navigates the branded American landscape. Containing unique coverage of campaign finance issues, this book will be of great interest to academics working in law, government and political science, with the exploration of the myriad of advertising techniques also making this a key resource for media law and business professors.Trade Review'The law of democracy needs a new way to think about how ''free speech'' works. This beautifully crafted story of the place of ''brands'' within the minds of the political public is a powerful invitation. It is not clear how long the naively simplistic view of American courts about how speech works will survive. My bet is that this brilliant book by one of America's leading election lawyers has shortened its life substantially.' --Lawrence Lessig, Harvard University, US'More than ever, corporations are getting involved in hot-button political issues to protect their images and candidates eschew distinctive positions in favor of their party's ''brand''. In this insightful and revelatory book, Ciara Torres-Spelliscy shows how the Supreme Court, applying specious reasoning, read the Constitution to usher in this new era of political branding and profoundly deformed American politics.' --Adam Winkler, University of California, Los Angeles, US'Ciara Torres-Spelliscy has written a must-read synthesis and call to action for anyone who wants to understand the American political situation. She carefully and clearly unpacks the myriad ways the Supreme Court has bent laws governing elections into shapes that would have been unrecognizable thirty years ago. Read this book for clarity amid the anger, and consider the proposed set of plausible reforms as a constructive alternative to despair.' --John Coates, Harvard University, USTable of ContentsContents: Preface – Branding Itself Part I. The Legal Landscape 1. Branding Truth 2. Branding Corruption 3. Branding Corporations Part II. Branding Infecting Politics 4. Branding Partisanship 5. Branding Candidates on TV 6. Branding Candidates Online Part III. When Branding Gets Pernicious 7. Branding the News 8. Branding Treason 9. Branding Racism Part IV. Rejecting Toxic Brands 10. Branding Greed 11. Branding Boycotts 12. Branding Tragedy Epilogue – Needed Reforms Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This Advanced Introduction sets out the difficulty of defining religion itself and the subsequent impact this has on creating laws which regulate and protect it. Taking a global comparative approach, Frank S. Ravitch guides the reader in how this unique interaction plays out in differing legal systems including in the U.S., Europe, and Asia. Providing further context by contrasting specific case studies, the book provides a rounded and coherent exploration of the complexities of law in relation to religion.Key Features:Addresses the many issues surrounding religious exceptions to general lawsConsiders the extent of separation between government and religion, and the role of courts in deciding religious questionsLooks at the ways in which law may govern discrimination by government or by private entities, based on religion or religious concernsExplores the multifaceted interactions between religion and law in many areas, including human rights; public schooling; health and property; tax exemptions; and clergy abuseThis foundational book offers a platform for researchers and students in the fields of law, political science, ethics, and religious studies. It also provides valuable insight for lawyers, judges and legislators with a focus on law and religion..Trade Review‘Advanced Introduction to Law and Religion is a major achievement in the US and comparative law and religion scholarship. Professor Ravitch crisply and insightfully synthesizes the history, major concepts, and current trends of the complicated world of church-state law in a single readable volume. Examining representative doctrinal areas, he places these in a truly global context by providing comparative analyses of alternate church-state models in Canada and the countries of the European Union as well as in Japan and other Asian countries too often neglected by Western scholars. The result is the perfect book for academics, graduate students, and others looking for sophisticated analysis beyond the introductory.’ -- Frederick Mark Gedicks, Brigham Young University Law School

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This Advanced Introduction sets out the difficulty of defining religion itself and the subsequent impact this has on creating laws which regulate and protect it. Taking a global comparative approach, Frank S. Ravitch guides the reader in how this unique interaction plays out in differing legal systems including in the U.S., Europe, and Asia. Providing further context by contrasting specific case studies, the book provides a rounded and coherent exploration of the complexities of law in relation to religion.Key Features:Addresses the many issues surrounding religious exceptions to general lawsConsiders the extent of separation between government and religion, and the role of courts in deciding religious questionsLooks at the ways in which law may govern discrimination by government or by private entities, based on religion or religious concernsExplores the multifaceted interactions between religion and law in many areas, including human rights; public schooling; health and property; tax exemptions; and clergy abuseThis foundational book offers a platform for researchers and students in the fields of law, political science, ethics, and religious studies. It also provides valuable insight for lawyers, judges and legislators with a focus on law and religion..Trade Review‘Advanced Introduction to Law and Religion is a major achievement in the US and comparative law and religion scholarship. Professor Ravitch crisply and insightfully synthesizes the history, major concepts, and current trends of the complicated world of church-state law in a single readable volume. Examining representative doctrinal areas, he places these in a truly global context by providing comparative analyses of alternate church-state models in Canada and the countries of the European Union as well as in Japan and other Asian countries too often neglected by Western scholars. The result is the perfect book for academics, graduate students, and others looking for sophisticated analysis beyond the introductory.’ -- Frederick Mark Gedicks, Brigham Young University Law School

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Sabino Cassese presents an incisive introduction to the essential principles of global law, exploring the central theories of globalization through an analysis of the main developments in this area. The Advanced Introduction concludes that despite the ongoing dialectic between national governments and international institutions, globalization and states are progressing in parallel, while civil societies are increasingly involved in the machinery of globalization.Key features include: Exploration of the key characteristics of the global legal space Discussion of the tensions between the state and global actors Analysis of the dialogue between civil societies and world regulators An examination of administrative forms of protection and their implementation. This Advanced Introduction will be a valuable guide for scholars and advanced students of global and transnational law. Examining both specific cases and relevant institutions and procedures, it will also be beneficial for legal practitioners.Trade Review‘Cassese provides a rich introduction to the touchstones of global administrative law and its contemporary space. The author has crafted an introductory handbook for lawyers, scholars and international political scientists that provides a sound base upon which they may ground their understanding of global administrative law, the global space, and the impact of these elements on the manner in which modern states function.’ -- Grant Caswell, South African Law Journal'It is always a pleasure and a profit to read Sabino Cassese, so wide is his knowledge and so efficient his writing. He gives us here a remarkable introduction to global administrative law, as clear on the theoretical bases of this new field of law as it is nourished by numerous enlightening concrete examples. A must-read for everyone who is interested in the legal globalization matter.' -- - Jean-Bernard Auby, Sciences Po Paris, France'Sabino Cassese shows in his book the deep structure, resilience, and promise of global administrative law. While many have diagnosed a return to state-centered legalism and politics, he shows that world society, though fragmented, is here to stay and, with it, a global administrative law that is worth developing. Cassese, perhaps the most knowledgeable person on public law issues worldwide, traces paths that should be considered carefully. His book's thoroughness, optimism and universalism make it a rewarding read.' -- - Armin von Bogdandy, Max-Planck Institute for Comparative Public Law and International Law, GermanyTable of ContentsContents: 1. In the labyrinth of globalization 2. The global legal space at a glance 3. The global legal space in detail 4. Administrative globalization 5. The global administrative machine 6. Regulation, adjudication and dispute settlement beyond the state 7. National administrative cultures and global regulators 8. The international role of domestic bureaucracies 9. Global administrative law: the principles 10. Global administrative law: the implementation of principles 11. Towards global justice and democracy? 12. National governments and globalization Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Sabino Cassese presents an incisive introduction to the essential principles of global law, exploring the central theories of globalization through an analysis of the main developments in this area. The Advanced Introduction concludes that despite the ongoing dialectic between national governments and international institutions, globalization and states are progressing in parallel, while civil societies are increasingly involved in the machinery of globalization.Key features include: Exploration of the key characteristics of the global legal space Discussion of the tensions between the state and global actors Analysis of the dialogue between civil societies and world regulators An examination of administrative forms of protection and their implementation. This Advanced Introduction will be a valuable guide for scholars and advanced students of global and transnational law. Examining both specific cases and relevant institutions and procedures, it will also be beneficial for legal practitioners.Trade Review‘Cassese provides a rich introduction to the touchstones of global administrative law and its contemporary space. The author has crafted an introductory handbook for lawyers, scholars and international political scientists that provides a sound base upon which they may ground their understanding of global administrative law, the global space, and the impact of these elements on the manner in which modern states function.’ -- Grant Caswell, South African Law Journal'It is always a pleasure and a profit to read Sabino Cassese, so wide is his knowledge and so efficient his writing. He gives us here a remarkable introduction to global administrative law, as clear on the theoretical bases of this new field of law as it is nourished by numerous enlightening concrete examples. A must-read for everyone who is interested in the legal globalization matter.' -- - Jean-Bernard Auby, Sciences Po Paris, France'Sabino Cassese shows in his book the deep structure, resilience, and promise of global administrative law. While many have diagnosed a return to state-centered legalism and politics, he shows that world society, though fragmented, is here to stay and, with it, a global administrative law that is worth developing. Cassese, perhaps the most knowledgeable person on public law issues worldwide, traces paths that should be considered carefully. His book's thoroughness, optimism and universalism make it a rewarding read.' -- - Armin von Bogdandy, Max-Planck Institute for Comparative Public Law and International Law, GermanyTable of ContentsContents: 1. In the labyrinth of globalization 2. The global legal space at a glance 3. The global legal space in detail 4. Administrative globalization 5. The global administrative machine 6. Regulation, adjudication and dispute settlement beyond the state 7. National administrative cultures and global regulators 8. The international role of domestic bureaucracies 9. Global administrative law: the principles 10. Global administrative law: the implementation of principles 11. Towards global justice and democracy? 12. National governments and globalization Index

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Book SynopsisThis unique Research Handbook maps the historical, theoretical, and methodological concepts in sociology of law, exploring the rich and complex nature of this area of research. It argues that sociology of law flourishes due to its strong capacity for interdisciplinary engagement and links to other scientific concepts, methodologies and research fields.Composed as a set of enquiries into the current state of sociology of law, expert contributions cover diverse themes such as inequality and discrimination, crime and punishment, and social justice. Reflecting on recent publications in law and society, socio-legal studies and interdisciplinary law research, the Research Handbook revisits the specific role of sociology of law, its disciplinary boundaries and its relationship to both legal and social sciences.The comprehensive nature of the Research Handbook on the Sociology of Law will appeal to law and social justice practitioners and scholars, as well as students in legal and social science fields who are looking to understand current trends and future research in the discipline.Trade Review‘There will hardly be a sociologist of law, whether from the British Isles or not, with a disciplinary background in law or in a social science, who will not gain insights from this Research Handbook on the Sociology of Law. It can be recommended for any socio-legal book collection.’ -- Stefan Machura, Zeitschrift für Rechtssoziologie‘Pribán’s Handbook is an impressive academic undertaking. The end product is a weighty but not bloated tome which provides a strikingly broad and rich treatment of the sociology of law. It is sufficiently approachable in style and substance, as well as the size of individual chapters, that students and early-career scholars will find considerable value in it. But researchers at all career stages will find utility in the Handbook’s varied contributions when they are coming either to a new area of work, or to a sub-discipline that is not their primary area of expertise – something of increasing regularity in our evermore interconnected and interdisciplinary academic world. The clarity and succinctness of the Handbook’s contributors make such trans-disciplinary engagement both entirely feasible and indeed pleasurable.’ -- James Campbell and Mónica Arango Olaya, Sortuz: Oñati Journal of Emergent Socio-Legal Studies‘By addressing the field's connections to related disciplines, its conceptions of law and the legal system, and its perspectives on particular areas of law, Pr?iba´n?'s Handbook provides a rich overview of the state of the art in legal sociology.’ -- Lisa F M Ansems, Kees van den Bos, Journal of Law & Society'This rich collection is an extremely valuable resource, a reliable and instructive vade mecum to the sociology of law broadly conceived. It covers relations between it and neighbouring disciplines, core themes within the discipline itself, and its application to central areas of law. The authors are major players in their fields, and reliable and authoritative guides to their subjects. Moreover, the chapters are much more than just introductory surveys - they add distinctively and often substantially to the fields they discuss.'- Martin Krygier, University of New South Wales, AustraliaTable of ContentsContents: Introduction to Research Handbook on the Sociology of Law 1 Jiří Přibáň PART I SOCIOLOGY OF LAW BEYOND DISCIPLINARY BOUNDARIES 1 Legal theory and sociology of law 7 Joxerramon Bengoetxea 2 Sociological jurisprudence: tradition and prospects 19 Roger Cotterrell 3 Sociology of law and legal history 31 Chloë Kennedy 4 Sociology of law and legal anthropology 43 Fernanda Pirie 5 Ethnography and law in a transnational world: knowledge, power and discourse 54 Anne Griffiths 6 Sociology of law and economy 66 Iagê Miola and Sol Picciotto 7 Sociology of law and science 81 Emilie Cloatre and Martyn Pickersgill 8 Sociology of regulation 93 Bettina Lange PART II THE SOCIOLOGICAL CONCEPT OF LAW AND LEGAL SYSTEM 9 Sociology of the rule of law: power, legality and legitimacy 110 Jiří Přibáň 10 Sociology of the living law: exploring the other hemisphere of the legal world 124 Marc Hertogh 11 Sociology of legal culture 136 David Nelken 12 Sociology of the legal system 150 Richard Nobles and David Schiff 13 Sociology of legal consciousness and hegemony 163 Patricia Ewick and Susan Silbey 14 Sociology of legal subjectivity 177 Pierre Guibentif 15 Sociology of legal temporalities 190 Lyana Francot 16 Sociology of legal images 203 Linda Mulcahy 17 The sociology of legal professions 215 Lisa Webley PART III SOCIOLOGY OF LEGAL DISCIPLINES 18 Sociology of constitutional law and politics 230 Paul Blokker 19 Sociology of transnational constitutions 243 Chris Thornhill 20 Sociology of contract and property law 258 Sarah E. Hamill 21 Property as socio-legal institution, practice, object, idea 271 Antonia Layard 22 Sociological research in family law: international perspectives within the policy landscape 283 Mavis Maclean 23 Sociology of law and religion 295 Russell Sandberg 24 Sociology of health law 304 Atina Krajewska 25 Sociology of deviance and criminal law 318 Sharyn Roach Anleu 26 Sociology of housing law 332 Dave Cowan and Sally Wheeler 27 Sociology of labour law 346 Ralf Rogowski 28 Sociology of digital law and artificial intelligence 357 Håkan Hydén 29 Sociology of transitional justice: global and comparative perspectives 370 Stephan Parmentier and Camilo Umaña Index 385

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Book SynopsisThe original contributions in this Handbook provide an introduction to the application of Austrian economics to law. The book begins with chapters on the methodology of law and economics before moving on to chapters which discuss key concepts in Austrian economics such as; dynamic competitive processes, spontaneous order, subjective value, entrepreneurship, and the limited nature of individual knowledge - as they relate to topics in evolutionary law and basic law.This book presents contributions from both economists and legal scholars on topics ranging from methodology of analysis and the evolution of contemporary legal practice, to the teachings of basic law. Taken as a whole, this Handbook provides a strong overview of contemporary research in the Austrian school of law and economics. It is an approach that reflects both the examination of how alternative legal arrangements impact economic performance, and how to use the tools of basic economic reasoning to study the operation of legal rules.Scholars working in the fields of law, jurisprudence, economics, and public policy will find this an important resource on the cutting edge of Austrian political economy in application to law and economics.Contributors include: B.L. Benson, P.J. Boettke, D.J. Boudreaux, H.N. Butler, E.R. Claeys, C.J. Coyne, M. DeBow, M.T. Henderson, S. Horwitz, P.G. Klein, M. Krause, T.A. Lambert, P.T. Leeson, J. Parker, G.J. Postema, S. Rajagopalan, D. Skarbek, E.P. Stringham, R.E. Wagner, T.J. ZywickiTable of ContentsContents: Part I Introduction 1. Law and economics: the contributions of the Austrian School of Economics Peter J. Boettke and Todd J. Zywicki Part II Methodology of Law and Economics 2. Property rights, the Coase Theorem and informality Martín Krause 3. Coase, Posner, and Austrian law and economics Peter T. Leeson Part III Evolutionary Law 4. Nature as first custom: Hayek on the evolution of social rules Gerald J. Postema 5. The law and economics of rule reform Christopher J. Coyne 6. Legal process for fostering innovation Henry N. Butler and Larry E. Ribstein 7. Customary commercial law, credibility, contracting, and credit in the high Middle Ages Bruce L. Benson 8. Self-Governance, property rights, and illicit commerce David Skarbek 9. Austrian law and economics and efficiency in the common law Todd J. Zywicki and Edward P. Stringham 10. Dispute resolution when rationalities conflict: cost and choice in a mixed economy Richard E. Wagner Part IV Basic Law 11. Sparks cases in contemporary law and economic scholarship Eric R. Claeys 12. Austrian economics and tort law Michael E. DeBow 13. Antitrust and competition from a market-process perspective Donald J. Boudreaux 14. Civil Procedure reconsidered Jeffrey S. Parker 15. An Austrian analysis of contemporary American business law Peter G. Klein and Thomas A. Lambert 16. Firms without boards: unleashing the Hayekian firm M. Todd Henderson 17. Bankruptcy judge as a central planner Todd J. Zywicki and Shruti Rajagopalan 18. Family Law, uncertainty, and the coordination of human capital Steven Horwitz Part V Conclusion 19. Conclusion: the future of “Austrian” Law and Economics Peter J. Boettke and Todd J. Zywicki Index

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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

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Peter Goodrich presents a unique introduction to the concept of jurisliterature. Highlighting how lawyers have been extraordinarily productive of literary, artistic and political works, Goodrich explores the diversity and imagination of the law and literature tradition. Jurisliterature, he argues, is the source of legal invention and the sign of novelty in judgments.Key features include: a literary approach to viewing law exploration of the visual culture of the law engagement with the affective and performative practices of jurisliterature analysis of the legal style and traditional literary practices of lawyers and judges from an historical perspective. This Advanced Introduction will be a useful and concise guide for scholars and students of law and literature. It will also be beneficial for students and teachers of courses on jurisprudence, law and the humanities and socio-legal studies.Trade Review’The book guides the reader to becoming attentive to the marginal, the incidental, that helps take her closer to law’s vanishing points: “where law encounters what it cannot formulate and does not know”.’ -- Maria Aristodemou, Legal Studies‘Goodrich and his latest book are a breath of fresh air. How welcome that is in these stifling times, and how needful for all who find themselves covered by law.’ -- Gary Watt, Frontiers‘Goodrich’s pataphysical introduction to jurisliterature illuminates analysis of ordinary legal cases with a fascinating insight into the real touch of madness present in the resolution of every case. From unexplored or forgotten elements of Western Legal Tradition the book’s acrobatic journey into the Republic of Lawyers and Judges moves towards the theatrical jurisprudence that the evolving world of the media is now imposing in unseen and unpredictable forms. -- - Paolo Heritier, University of Turin, Italy’A master stylist and storyteller, Peter Goodrich introduces Law and Literature as jurisliterature, matterphor, and pataphysics - all terms his introduction proceeds to exuberantly unpack to the reader’s delight. Goodrich traces Law and Literature’s history as a continuous derailing of so-called pure law. This occurs in law’s earliest quasi-religious inscriptions of its sanctity. It continues in law’s present confrontations with new media, posthumanism, and trans identities. Law has always attempted to tame its narrativity, affective and imagistic qualities, and deep inventedness, while nonetheless alluding to canonical literary texts to shore up its legitimacy and argue for the universal validity of its decisions. Goodrich shows that Law has always invented. Poethical decisions and jurisliterary texts demonstrate the allegorical force of the literary that work within law, if in still unacknowledged ways. The Advanced Introduction represents an extended argument for jurists to engage with literary and visual studies, and affect and metaphor theory to move their juridical work into the future.' -- - Greta Olson, University of Giessen, Germany’Peter Goodrich manages to entangle the copulatives that link law and/as/is/in/ literature, revealing the labyrinthine threads of verbal DNA that make law an art, a medium, and a passion. A wild ride from ancient jurisprudence written in stone to contemporary media, his text will be studied as long as lawyers are writers and readers, and as long as writers and readers seek truth, justice, and a sense of play. Who knew that law and literature could be such fun!’ -- - W.J.T Mitchell, University of Chicago, US

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Peter Goodrich presents a unique introduction to the concept of jurisliterature. Highlighting how lawyers have been extraordinarily productive of literary, artistic and political works, Goodrich explores the diversity and imagination of the law and literature tradition. Jurisliterature, he argues, is the source of legal invention and the sign of novelty in judgments.Key features include: a literary approach to viewing law exploration of the visual culture of the law engagement with the affective and performative practices of jurisliterature analysis of the legal style and traditional literary practices of lawyers and judges from an historical perspective. This Advanced Introduction will be a useful and concise guide for scholars and students of law and literature. It will also be beneficial for students and teachers of courses on jurisprudence, law and the humanities and socio-legal studies.Trade Review’The book guides the reader to becoming attentive to the marginal, the incidental, that helps take her closer to law’s vanishing points: “where law encounters what it cannot formulate and does not know”.’ -- Maria Aristodemou, Legal Studies‘Goodrich and his latest book are a breath of fresh air. How welcome that is in these stifling times, and how needful for all who find themselves covered by law.’ -- Gary Watt, Frontiers‘Goodrich’s pataphysical introduction to jurisliterature illuminates analysis of ordinary legal cases with a fascinating insight into the real touch of madness present in the resolution of every case. From unexplored or forgotten elements of Western Legal Tradition the book’s acrobatic journey into the Republic of Lawyers and Judges moves towards the theatrical jurisprudence that the evolving world of the media is now imposing in unseen and unpredictable forms. -- - Paolo Heritier, University of Turin, Italy’A master stylist and storyteller, Peter Goodrich introduces Law and Literature as jurisliterature, matterphor, and pataphysics - all terms his introduction proceeds to exuberantly unpack to the reader’s delight. Goodrich traces Law and Literature’s history as a continuous derailing of so-called pure law. This occurs in law’s earliest quasi-religious inscriptions of its sanctity. It continues in law’s present confrontations with new media, posthumanism, and trans identities. Law has always attempted to tame its narrativity, affective and imagistic qualities, and deep inventedness, while nonetheless alluding to canonical literary texts to shore up its legitimacy and argue for the universal validity of its decisions. Goodrich shows that Law has always invented. Poethical decisions and jurisliterary texts demonstrate the allegorical force of the literary that work within law, if in still unacknowledged ways. The Advanced Introduction represents an extended argument for jurists to engage with literary and visual studies, and affect and metaphor theory to move their juridical work into the future.' -- - Greta Olson, University of Giessen, Germany’Peter Goodrich manages to entangle the copulatives that link law and/as/is/in/ literature, revealing the labyrinthine threads of verbal DNA that make law an art, a medium, and a passion. A wild ride from ancient jurisprudence written in stone to contemporary media, his text will be studied as long as lawyers are writers and readers, and as long as writers and readers seek truth, justice, and a sense of play. Who knew that law and literature could be such fun!’ -- - W.J.T Mitchell, University of Chicago, US

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This Advanced Introduction to Substantive Criminal Law explores the doctrines, issues and controversies in the substantive field of criminal law. Chapters cover important theoretical and doctrinal topics, including the justifications for state blame and punishment, the foundations for criminalization, the prima facie case, affirmative defences of justification and excuse, and sentencing. Stephen J. Morse uses copious concrete examples drawn from cases, statutes and extended case studies, including the intricate grading of homicide, to enliven the discussion.Key Features: Concise and accessible format Theoretical explication of doctrinal intricacies Informative coverage and real world examples of criminal law Discussion of the challenges and responsibilities surrounding legal concepts of the person Providing a compact and succinct introduction to the rich scholarship of the field, this Advanced Introduction will be an ideal read for lawyers and law students interested in criminal law and justice. It will also be a valuable resource for law enforcement personnel and anyone looking to understand the role of criminal law as a means to achieve justice and social safety.Trade Review‘Stephen Morse, criminal law theorist, psychologist, a brilliant philosopher, and student of human nature, has been an international scholarly leader for most of his long and distinguished career. But in Advanced Introduction to Substantive Criminal Law, Professor Morse steps back from that mountain of scholarship and offers an accessible distillation of the basic themes that organize criminal law. Profound, clear, and entertaining, the concise presentation educates us all.’ -- Paul H Robinson, University of Pennsylvania, US‘Morse’s reputation as a champion of common sense shines through in his new Advanced Introduction to Substantive Criminal Law. He manages to navigate between ideological extremes while covering nearly all of the fundamental and contested issues with admirable clarity and rigor.’ -- Douglas Husak, Rutgers University, US

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