Law and society, sociology of law Books

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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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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Book SynopsisThis exciting textbook introduces the basic tenets and methodologies of empirical legal research. Explaining how to initiate and conduct empirical research projects, how to evaluate the methods used and how to analyze and engage with the results, Kees van den Bos provides a vibrant and reliable primer for students and practitioners looking to engage actively in legal research. Key features include: A straightforward, non-technical and accessible style to engage new researchers in empirical legal research A step-by-step guide to empirical research, leading students through establishing and building a research project, to interpreting and reporting on empirical data An exploration of an array of methodologies to gather empirical data, including interviews, surveys and experiments, providing plenty of avenues for research Exercises to allow students to put new skills into practice and suggested further reading to deepen students' understanding of new topics. Offering an enthusiastic introduction to a valuable subject, this is crucial reading for advanced law students hoping to pursue their own empirical legal research projects. Its insights into cutting-edge research methodologies will also be of benefit to students with a keen interest in the sociology of law, as well as socio-legal studies more widely.Trade ReviewThis textbook is a very accessible and practical guide to empirical legal research. The non-technical explanations of interviews, surveys and experiments make it easy to understand the pros and cons of each method and to know when to use them. It will be perfect as a textbook in an interdisciplinary methods course for law students.' --Sanne Taekema, Erasmus University Rotterdam, the Netherlands'Empirical Legal Research: A Primer is a wonderful introduction to, and continuing reference for, the use of empirical methods to study legal issues. At a time when policy research, evidence-based legal process, and fact-based input into legal decisions are becoming more and more important, this book is a valuable resource for law students, legal scholars, practicing lawyers, and policy makers. The book is accessible and interesting - I recommend it!' --Allan Lind, Duke University, US'Empirical Legal Research: A Primer is a great book. It makes clear that doing empirical research is important, enriching and fun. It explains in a very simple, clear and effective way how to set up and carry out such research and what part of empirical research you can carry out yourself and when you need the help of an expert. If I had never done any empirical legal research myself, I'm sure that I would want to start immediately after reading this book.' --Bert Marseille, University of Groningen, the NetherlandsTable of ContentsContents: Part I. Start: Moving from Content to Empirical Research Questions 1. Why Empirical Legal Research 2. Research Goals, Problems and Questions Part II Research Methods: Studying Empirical Questions 3. Interviews 4. Surveys 5. Experiments Part III Interpreting Empirical Data: Moving Back to Content 6. Data Analyses 7. Reporting of Results 8. What Next References Subject Index

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Book SynopsisThe study of law and social movements provides an ideal lens for rethinking fundamental questions about the relationship between law and power. This Research Handbook takes up that challenge, framing a more global, dynamic, reflexive, and contextualised phase of social movement studies.Featuring international and interdisciplinary contributions, chapters focus on democratic and authoritarian rule, social movement strategies, identities, social positions, and the relationship between narratives and power. This Research Handbook not only asks why movements succeed or fail, but more broadly how law and movements become conduits for entrenching or resisting power. Calling for novel approaches to law and social movements scholarship, it provides an expansive range of case studies on the topic, and grapples with questions of governmental regimes, power, and social change.This interdisciplinary Research Handbook will be of great value to sociologists, political scientists, and other sociolegal scholars with an interest in global perspectives on social movements, democracy, and authoritarianism. It will also be a relevant read for policymakers, activists, and legal professionals.Trade Review‘Steven Boutcher, Corey Schdaimah and Michael Yarbrough's new title Research Handbook on Law, Movements and Social Change, goes beyond legal strategies and legal mobilization to expand our notions of when and how the law intersects with forms of democracy and authoritarianism, the constitution of law through practice, and the role of narrative in advancing/challenging forms of legal thinking. The book goes well outside the precincts of the global North to deal with law’s intersections with a variety of historical and social contexts.’ -- Sidney Tarrow, Cornell University, US‘This Handbook revisits and reinvigorates the law and social movements literature. Chapters connect old debates on law’s mobilization in power disputes with new developments in social thought, political organization, and the geopolitics of knowledge. Amid the end of the liberal-democratic consensus and growing skepticism of law, it sets a new research agenda for socio legal scholars and offers valuable insights for practitioners and activists who will not give up on change.’ -- Fabio de Sa e Silva, University of Oklahoma, USTable of ContentsContents: 1 Introduction to the Research Handbook on Law, Movements and Social Change: On “legitimate political discourse” in the global twenty-first century 1 Michael W. Yarbrough, Corey Shdaimah, and Steven Boutcher PART I AUTHORITARIANISM, DEMOCRACY, AND THE SPACES BETWEEN 2 Rights mobilization: A view from Southeast Asia 20 Lynette J. Chua 3 Activist anthropology “on the live edge” in Colombia: A conversation among collaborators 38 Viviane Weitzner and Marlin Mancilla 4 Masks against panopticism? Enabling and contesting social change through anonymous engagement 56 Bruce Baer Arnold 5 Lawyers and social movements in Taiwan: two waves of mobilization and two generations of activist lawyers 71 Ching-Fang Hsu 6 Imperial structures and insurgent agents: Historical reflections on lawyers and social movements in South Asia 87 Cynthia Farid 7 Law and liberation: legal consciousness and Legal mobilization in post-communist Europe 102 Mihaela Şerban PART II BEYOND STRATEGY: ACTING IN CONTEXT 8 Spies, lies, trials, and trolls: Political lawyering against disinformation and state surveillance in Russia 119 Freek van der Vet 9 Performing artivism: Feminists, lawyers, and online legal mobilization in China 136 Di Wang and Sida Liu 10 Feminist activism: Rural South African vernacular law as an “accidental” site 153 Sindiso Mnisi Weeks 11 Fumbling towards legal mobilization in the community college classroom 168 Jason M. Leggett 12 The “defamation backlash”: Law and the feminist movement in Pakistan 182 Maryam S. Khan and Farieha Aziz 13 Mobilizing supranational courts in authoritarian and violent contexts: Kurdish lawyers before the European Court of Human Rights 197 Dilek Kurban 14 Activists as allies of international courts: Assessing the impact of legal mobilization at international courts 211 Filiz Kahraman PART III SPEAKING AS, SPEAKING FROM, SPEAKING FOR: IDENTITIES AND SOCIAL POSITIONS 15 Social movement struggles for decolonization and (re)constitution from below: Abahlali baseMjondolo’s strivings against pariahdom 227 Tshepo Madlingozi 16 Police as agents of change: How the police led the movement to criminalize HIV 243 Trevor Hoppe 17 The importance of intersectionality in evaluating the surveillance and protest politics of the Movement for Black Lives (M4BL) 254 Shaneda L. Destine 18 No separate peace: On intersectional coalition solidarity and rights radicalism 268 Michael McCann 19 Legal mobilisation and identity formation in British trade unions: Bridging the spaces in-between? 286 Manoj Dias-Abey 20 “We Belong to the Streets”: Lawyers and social movements in post-revolution Egypt 300 Heba M. Khalil PART IV NARRATIVES AND LEGITIMACIES: STORIES OF POWER AND THE POWER OF STORIES 21 Realizing the right to be cold? Framing processes and outcomes associated with the Inuit petition on human rights and global warming 314 Sébastien Jodoin, Shannon Snow, and Arielle Corobow 22 From being Adivasi to becoming climate warriors: Transformation in the politics of recognition and legal mobilization in India’s coal-mining areas 329 Arpitha Kodiveri 23 Indigenous law and social mobilization: A history of the concept of Derecho Mayor in Cauca (Colombia) 345 Karla L. Escobar H. 24 Beyond the law to sociolegal intervention: The Boko Haram insurgency and the Nigerian Child 359 Azubike Onuora-Oguno and Mariam Abdulraheem-Mustapha 25 Knowing and not-knowing: I-poems and dialogue as a decarceral feminist methodology 372 Carly Guest and Rachel Seoighe 26 Contesting authority in the crisis of neoliberalism: The Chilean Spring and the mobilization of human rights frames 391 Javier Wilenmann and Mayra Feddersen PART V THERE’S NO SUCH THING AS A FINAL WORD … 27 Ten fragments on lawful storytelling 408 Danish Sheikh 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 SynopsisThis thoroughly engaging book uses empirical analysis to illustrate that the response of individuals to global terror events, via social media, provokes an opportunity to interpret the ways in which individuals view their place in the world and their relation to law and justice. It is through analysing these responses that Cassandra Sharp demonstrates that a ‘hashtag jurisprudence’ can be constructed. Sharp offers a theory of law that combines narratives, the experience of terror and the expression of emotion through social media engagement. Using thought-provoking case studies of terrorist attacks between 2014 and 2018 from around the world, the book examines how social media has quickly become the new forum for members of the public to express their opinions on current law and justice. It further demonstrates the significant impact that comments on social media platforms can have on social justice issues and activism. This timely book will be required reading for academics in law, social sciences and humanities. Scholars with an interest in legal theory, philosophy, and law and emotion will find the case study findings insightful and informative.Trade Review‘Urgently needed and meticulously orchestrated, Hashtag Jurisprudence drags a frequently resistant jurisprudence into the milieu of social media and the culture of tweeps, terrorists and Twitter. Continuing in the fine tradition of lex populi or people's law, Cassandra Sharp embarks upon the vital theoretical and empirical work of analyzing these viral relays and crowd sourced critiques of legal practices.’ -- Peter Goodrich, Cardozo School of Law, New York, US‘Sharp’s study of the response to terror on Twitter is a brilliant exploration of the digital public square in the perpetual shadow of violence (from within law and without). How law’s imperatives and aspirations are shaped in the popular imagination will help to determine its future possibilities. Sharp is an intrepid guide on the way forward. Her grasp of the law and cultural studies movement is impeccable. She has given us a landmark study filled with new and provocative insights.’ -- Richard K. Sherwin, New York Law School, US‘Terror and social media have so far defined the twenty-first century. In this fabulous cross-disciplinary book, Cassandra Sharp focuses on how the intertwining of terror and social media has formed an emotive archive that prioritises legality. Within there is a witnessing of terror that immediately presents as affirming and critiquing existing legal forms. Sharp as an original contributor to cultural legal studies sees beyond the known problematics of platforms, to take seriously the representations of legality within the raw expressions by social media users in exceptional moments. Hashtag Jurisprudence highlights the gaps and disconnects between the formal institutional narratives of the law and the everyday jurisprudence that is immanent in the digital.’ -- Kieran Tranter, Queensland University of Technology, AustraliaTable of ContentsContents: Preface 1. Weaving the hashtag into the fabric of legality 2. Hashtagging as persuasive storytelling 3. Finding legality in a hashtag of terror 4. Terrorism as an inevitable possibility 5. Hashtag as coping strategy: ultimate justice, solidarity, and nationhood 6. Contagious emotions: fear and hope 7. Legality and a latent hashtag jurisprudence Bibliography Index

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Book SynopsisContemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law’s theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. Marc Loth explores the central notion that private law is a multi-layered system which can only be fully apprehended in context. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law. Chapters examine the concept, history, language, values, methods and discipline of private law, as well as legal professionalism and the expertise of the private lawyer.Private Law in Context will be a key resource for scholars and postgraduate students interested in legal theory, legal philosophy, law and society and the nature of private law as a system and a practice.Trade Review‘Anyone who dreads reading about the theory of private law should read this delightfully written book. It offers insights, well-chosen quotes, and examples in abundance. Open it at a random page and you are sure to find little treasures; treasures of thoughtful reflections on what private law is and what we think it is. Aimed at higher-level students, it may equally serve as a companion on the desk or coffee table of everyone working in private law.’ -- Cees van Dam, King's College London, UK‘To call this book a masterful primer on private law is to dramatically understate its accomplishments. It is nothing less than an indispensable travel guide to the entire landscape of legal theory, history, and practice. I cannot imagine a more valuable resource to offer advanced law students, aspiring legal academics, and anyone else who wants or needs a sophisticated but accessible overview of the grand subject, Law.’ -- Douglas Kysar, Yale University, USTable of ContentsContents: Preface Introduction to Private Law in Context 1. The concept of private law 2. The history of private law 3. The language of private law 4. The expertise of the private lawyer 5. The values of private law 6. The methods of private law 7. The discipline of private law 8. The profession of the private lawyer Index

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Book SynopsisOffering an original legal definition of shaming, this incisive book argues for greater attention to shaming by legal scholars and practitioners. Suggesting nuanced procedures to regulate shaming in diverse areas of law, it seeks to make shaming by legal entities legitimate and effective, and to use legal mechanisms to limit inappropriate shaming.This book presents conceptual, normative, and descriptive insights of shaming by individuals, groups, and the state. Defining shaming as the deliberate dissemination of information likely to harm the reputation of whomever is shamed, chapters consider the historical, philosophical, sociological, economic, political, cultural, and legal aspects of shaming. The book offers novel insights into when and how shaming can be utilized by the law, for example by judges and environmental corporate regulators, and when shaming impedes justice, such as in family disputes, tax tribunals, and on social media.Advancing recent public debates, this book will be a fascinating read for legal scholars and students interested in the definition and regulation of shaming. It will also be an invaluable guide for legal practitioners seeking to understand what role shaming can legitimately play in their field.Trade Review‘The days of the Scarlet Letter may be over but shaming has been modernized and weaponized in a variety of ways, including on social media. But this is not a collection of anecdotes about the victims of digital shaming. This is an important collection that acknowledges shaming as a serious point of academic inquiry. It is a rich and refreshing look at shaming from multiple perspectives that explores many pitfalls but also the many promises of modern shaming punishments, including how shaming has been used in regulating large companies.’ -- Jennifer Jacquet, New York University, USTable of ContentsContents: Preface xi PART I WHAT IS SHAMING? DEFINING THE CONCEPT AND ITS LIMITS 1 Introduction: Shaming – Definition, Historical Origins and Contemporary Proliferation of an Elusive Concept 2 Meital Pinto and Guy Seidman 2 Shaming: Should Law Treat it as the Staining of Honor, or as an Offense to Human Dignity and Respect? 28 Orit Kamir 3 Internal Cultural Outcasting as a Means of Enforcing Cultural Norms 56 Gershon Gontovnik PART II SHAMING AND REPUTATION 4 When Does Corporate Shaming Translate into Reputational Fallouts? 79 Roy Shapira 5 Sharing “Bad Shaming” on Social Networks 101 Michal Lavi PART III SHAMING FROM THE LEGAL PROCESS PERSPECTIVE 6 The Process is the Shaming: Criminal Procedure vs. Human Dignity 129 Asaf Harduf 7 Judicial Shaming 151 Guy Seidman and Matan Szatmary 8 Shaming in Family Disputes Terminating in Divorce: Exploiting Parental Alienation 174 Daniella Assaraf PART IV REGULATORY SHAMING 9 Shaming and the Environmental Arena 200 Shirley Naveh 10 Government Regulation by Eco-Shaming Corporations: Balancing Effectiveness and Fairness 225 Sharon Yadin 11 Shaming by Bank Regulators: Methods and Applications 249 Ruth Plato-Shinar 12 Shaming Under the Cover of Tax Law in Anglo-American Jurisdictions 272 Limor Riza Index 294

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Book SynopsisBringing together current research from a diverse range of jurisdictions on family law, the Research Handbook on Family Justice Systems addresses the aims and boundaries of family justice systems. Delineating the common purpose of family law to achieve fairness for groups of people who live or have lived together, this Handbook is concerned with the rules referred to as ‘family law’, but also with the institutions comprising the operating system.This Handbook presents the view that a Family Justice System (FJS) is a living entity, working with and for a wide range of beliefs and practices, comprising far more than a set of rules and regulations, which can respond to a changing society, while also contributing to that change. Looking specifically at the FJS as an important and evolving element in the organisation of a society, with which sociologists, as well as lawyers and family sociologists are concerned, it explores how an FJS works in practice, what it tries to do and why. With contributions from the US, UK, Germany, Netherlands, Switzerland, France, Poland, Japan and China, this Research Handbook is an internationally relevant and comprehensive work. The Research Handbook on Family Justice Systems examines FJS in practice, making it highly pertinent to researchers, academics, practitioners, government lawyers, policymakers and government administrators in the fields of sociology and law with a special interest in family law and the FJS.Trade Review‘This magnificent compendium of information about family justice is no mere survey of legal provisions. Its 25 chapters by leading scholars and researchers delve into the subject from every possible perspective, exploring, among other things, conceptual and cultural issues, the interaction between legal and social welfare structures and processes and, above all, the evidence of empirical studies. This is set within a broad international context allowing wide inter-country comparisons, and an engagement with policy going beyond critique to positive guidance for future development. Truly a treasure trove.’ -- John Eekelaar, FBATable of ContentsContents: Introduction to the Research Handbook on Family Justice Systems xi Mavis Maclean and Rachel Treloar PART I FAMILY COURTS: ROLES AND BOUNDARIES 1 Australia’s family law system: a user-centred perspective 2 Rae Kaspiew 2 Access to the Danish family justice system viewed from a user perspective 20 Christina Jeppesen de Boer and Annette Kronborg 3 Is access to justice a platitude or a reality for Canadian self-represented litigants in family court? 32 Hannah Thackeray and Julie Macfarlane 4 Family law, family courts and public opinion in Poland 48 Małgorzata Fuszara and Jacek Kurczewski 5 International child abduction 64 Nicola Taylor and Marilyn Freeman PART II NEW WAYS OF WORKING 6 Coping with the changing regimes of couples and families: the French family justice system 85 Benoit Bastard 7 The inclusion of mediation in the family justice system of Argentina: an empirical study of law, courts and actors 97 Julieta Marotta 8 Achieving compliance with post-divorce parenting contact arrangements in the Netherlands: problems and potential solutions 112 Masha Antokolskaia, Christina Jeppesen de Boer, Geeske Ruitenberg, Wendy Schrama and Inge van der Valk 9 The rights of persons with dementia and their family caregivers 129 Kayo Murayama PART III PUBLIC AND PRIVATE FAMILY JUSTICE 10 Reforming the approach of the family courts in child arrangements cases involving allegations of domestic abuse 139 Mandy Burton and Rosemary Hunter 11 The voice of the child in family law proceedings in Ireland: the challenges of achieving first-world principles within a third-world infrastructure 155 Stephanie Holt, Simone McCaughren and Aisling Parkes 12 Post-separation financial abuse, the money taboo and the family justice system: perspectives from Aotearoa New Zealand 176 Ayesha Scott 13 Parental webs: multiple and disaggregated family forms in Israel 195 Pamela Laufer-Ukeles PART IV THE IMPACT OF SYSTEMS OF BELIEF ON FAMILY JUSTICE 14 Conflicting values: family justice in Turkey between ‘modern’ and ‘traditional’ 214 Verda Irtis 15 Paths to (in)justice? The interplay between Sharīʿah tribunals and public policy 229 Federica Sona 16 Are women in polygamous customary marriages entitled to constitutional protection in the Southern African development community? 250 Sonya Cotton 17 Relational negotiations of an ethic of justice and an ethic of care: Pacific mothers’ and fathers’ moral reasoning over children’s post-separation care arrangements 272 Moeata Keil and Vivienne Elizabeth 18 The family investigation system: a legislative exploration and practical questions 286 Lei Shi, Di Yuan and Yun Zhang PART V ISSUES EMERGING 19 Federalism, terminology, geography and systematic failure: the Australian family justice ‘system’ 302 Richard Ingleby and Belinda Fehlberg 20 The move to private ordering in divorce, gender and the role of family lawyers in Switzerland 318 Michelle Cottier, Eric D Widmer, Gaëlle Aeby and Bindu Sahdeva 21 American family courts and the triple system of family law adjudication 332 June Carbone 22 Changing regulatory frameworks: piercing anonymity and early access to gamete donors 349 Rosanna Hertz PART VI PROGRESS? 23 Amicable solutions as the norm in German family court proceedings after separation and divorce 367 Thomas Meysen 24 Delivering the art of the possible: an insight into the role of government lawyers in facilitating the recognition of same-sex relationships in the United Kingdom 380 Oliver Gilman 25 What are family courts for? Lessons from a pandemic 401 Rob George Index

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Book Synopsis‘Citizen sensing’, the practice in which grassroots actors use sensor technology for environmental monitoring, is increasingly entering the debate around environmental risk governance. This groundbreaking book explores the potential for citizen sensing to concretely influence the governance of environmental risks to public health by shaping policy responses implemented by competent institutions. Taking a unique perspective that combines the elements of risk, technology, the grassroots-drive and distrust, Anna Berti Suman analyses which factors contribute to the policy uptake of community-led citizen sensing. She frames the study through the voices of the citizen sensing participants interviewed in her fieldwork, incorporating both theoretical reflections and ethnography into a mixed-methods approach. The book offers novel insights into the advantages and drawbacks of the reliance on citizen sensing by institutional actors and highlights the need for further research in this area. Academics working in environmental law and risk governance will find the research and findings contained in this book both interesting and timely. It will also be of practical use to policy-makers and practitioners, as well as citizen sensing communities that wish to make their monitoring practices more influential.Trade Review‘Anna Berti Suman has written a remarkable book about the policy uptake of grassroots citizen sensing. With great insight, Berti Suman extends our thinking with respect to the notions of citizen sensing, policy uptake, and risk governance. Her point about “integration dilemma” will be of interest to readers in public policy studies, environmental studies, and disaster studies. This book will change the way academics, policy-makers and citizen sensing practitioners think about communication between citizens and institutional actors in Europe and beyond.’

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Book SynopsisElgar Research Agendasoutline the future of research in a given area. Leading scholars are give n the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. Forward-looking and innovative, Elgar Research Agendas are an essential resource for PhD students, scholars and anybody who wants to be at the forefront of research.This timely book utilises the specialised insights and experiences of those who have carried out research on different aspects of social welfare law and policy to construct an innovative post-Brexit and post-Covid 19 research agenda that identifies what needs to be studied and how this should be carried out.Embracing not only social welfare law but also social welfare policy, practice and impact, expert contributors consider major areas of non-economic law, such as asylum and immigration law, health law, social care law, social work and child welfare law, social security law, and issues involving social rights. Individual chapters cover branches of social welfare law, four areas of social welfare policy, four distinctive methodological approaches, and three contemporary developments. They reflect a wide-ranging set of substantive concerns and methodological approaches and, taken together, comprise a challenging but non-prescriptive research agenda.This Research Agenda will be a key resource for socio-legal researchers contemplating research on social welfare law and policy, as well as research councils, government departments and charitable bodies that fund research on social welfare law and policy.Trade Review‘We are (yet again) at a pivotal point in social welfare – after the global financial crisis, after Brexit, and approaching the worst recession in living memory. In this novel book, leading figures across social welfare law and policy address the methodological challenges that face us as researchers and also as actors in this unforgiving world. Full of insight, this is a book which transcends disciplinary narratives and should be read widely. Having had the privilege of reading the chapters in advance of publication, their appreciations of the field are already impacting on my thinking.’ -- David Cowan, University of Bristol, UK‘Michael Adler brings together a sharply focused selection of contributions that provide key insights into the issues facing social welfare law, now and in the future. This collection provides an in-depth discussion of the research challenges spanning different branches of law and methodological approaches, focused on different social welfare policies and on contemporary organisational developments. It makes a compelling case for how future developments in social welfare law, policy and practice need to be considered in a post-Brexit, post-Covid world. In doing so, it delivers a timely and significant agenda for research.’ -- Gráinne McKeever, Ulster University, UKTable of ContentsContents: 1 Introduction: A view from the bridge 1 Michael Adler PART I SOCIAL WELFARE LAW 2 A public law perspective 25 Tom Mullen 3 Family law and social welfare research: Towards a sustainable symbiosis? 43 Mavis Maclean 4 A human rights lens: Reclaiming the narrative for social rights as legal rights 59 Katie Boyle and Diana Camps 5 An administrative justice perspective 77 Lee Marsons and Maurice Sunkin PART II SOCIAL WELFARE POLICY 6 Insights from health and social care 97 Jackie Gulland 7 A social security perspective 115 Mark Simpson 8 A view from education and employment law 133 Amir Paz-Fuchs and Tammy Harel Ben-Shahar 9 Social harms, crime and criminal justice 153 Chris Grover PART III METHODOLOGICAL APPROACHES 10 An anthropological perspective 173 Insa Lee Koch 11 Normative approaches 191 Beth Watts and Katie Colliver 12 Feminist jurisprudence and administrative justice 211 Sharon Cowan and Simon Halliday 13 Race, gender and discrimination – learning from Zambrano 227 Iyiola Solanke PART IV IMPORTANT POLICY DEVELOPMENTS 14 The outsourcing perspective 245 Robert Thomas 15 Digital technologies and artificial intelligence: a computer science perspective 263 Paul Henman 16 The street level of the welfare state 281 Peter Hupe and Michael Hill 17 Concluding thoughts: Après le déluge 301 Michael Adler Index

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Book SynopsisNovel Beings is a forward-looking exploration into the divide between proactive and reactive regulatory approaches to the cross-section of biotechnology and artificial intelligence (AI) research. Addressing an innovative area of academic study, Novel Beings questions how this research, which has the potential to create new forms of morally valuable life, could be regulated. This fascinating book examines the promises and perils of conflicting approaches to regulating emerging technologies in the unique context of this probable challenge for law and society. An impressive, and multidisciplinary, selection of expert contributors offer considerations vital to any attempt to address these issues before they become impossible to prevent or rectify. Chapters explore technologies such as genomics, synthetic biology and neurotechnologies, as well the profusion of ‘expert systems’ – algorithms and simple AI that interweave through everyday life, from smart assistants, to the financial markets, to social media. David Lawrence and Sarah Morley also discuss the global challenges for society and the laws regarding the status of these technological beings, their protections and obligations.This book will appeal to researchers and academics who are interested in the regulation of emerging technology. It will also provide a beneficial new resource for scholars and postgraduate students studying emerging technology in different fields, such as law, bioethics and philosophy.Trade Review‘As technologies lead inexorably to the creation of intelligent beings, the need to find practical solutions to questions of moral value, status, and resulting obligations becomes increasingly urgent. This important collection depicts challenges and marks a significant advancement in the field of biolaw in its articulation of potential proactive and reactive regulatory solutions.’ -- Emma G. Cave, Durham University, UK‘I warmly welcome this exciting new book on how the law, ethics and regulation can respond to the challenges of “novel beings” from biotechnology to artificial intelligence. This is an excellent group of leading scholars in law and ethics, with exciting new insights into emerging technologies.’ -- Richard Ashcroft, City, University of London, UKTable of ContentsContents: Introduction 1 PART I PROACTIVE REGULATION 1 Embedded ethics as preparatory regulation of technology: a new solution to the Collingridge Dilemma? 12 Daniel Tigard 2 Repugnance, denial, and fear: societal challenges for regulation of novel beings 29 David R. Lawrence 3 Morally significant technology: a case against mere corporate self-regulation 46 Sarah Morley 4 Beware Oz the Great and Powerful: sci-fi determinism, flawed artificial intelligence and emerging regulatory frameworks 83 Alan Dignam 5 Newer technologies, older attitudes, and retrograde regulation 124 David R. Lawrence and John Harris PART II REACTIVE REGULATION 6 Being novel? Regulating emerging technologies under conditions of uncertainty 140 Joseph T.F. Roberts and Muireann Quigley 7 The “ethical” regulation of “novel being” technologies: the potential role for patents as ethical drivers, blockers and guiders? 171 Aisling McMahon 8 A phased approach to protection of artificial beings 194 Colin Gavaghan and Mike King 9 Concluding remarks 223 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 SynopsisThis cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence.Featuring discussions and reflections from scholars experienced in conducting comparative research, this book considers the ways in which comparative legal research can gain important comparative, qualitative and interpretive insights from the humanities and from the social sciences. Chapters examine contrasting comparative legal versus historical approaches, comparative sociology, comparative religion, comparative (legal) anthropology, comparative philosophy, comparative economics and more. Additionally, the book considers the challenges that lie ahead, not just for comparative legal research, but for comparative disciplines as a whole. Of the many challenges that are identified and discussed, the book concludes that comparative research can especially be further developed when it is also understood as a research design, instead of just a method.Inspiring and progressive, this book will be a crucial reference point for both research students and experienced researchers who are embarking on comparative research within the disciplines of law, humanities and social sciences.Trade Review‘Comparative Methods in Law, Humanities and Social Sciences makes a fresh and innovative addition to the booming literature on comparative research. The collection of chapters combines insights from various disciplines in humanities and social sciences such as law, literature, religion and politics. The editors have done a magnificent job in putting together a splendid group of world-class experts to author the individual chapters. This is a truly ground-breaking work and a must on every comparatist’s bookshelf.’ -- Heikki Pihlajamäki, University of Helsinki, Finland‘Comparative methods play a key role in many academic fields; yet, there is little interaction between the literature of these different fields. It is thus of great benefit that Maurice Adams and Mark Van Hoecke have brought together an excellent group of authors to reflect on comparative methods in law, humanities and social sciences. The book fills an important gap in the literature and promises to provide an important work of inspiration for scholars across many fields.’ -- Mathias Siems, European University Institute, Italy and Durham University, UKTable of ContentsContents: Preface xiii 1 Comparative disciplines: an introduction 1 Maurice Adams 2 Methods of legal history and comparative law 11 Geoffrey Samuel 3 Comparative legal history 45 Kjell Å Modéer 4 Comparative sociology: epistemological issues 62 Jean-Pascal Daloz 5 Elements of a comparative methodology in the study of religion 75 Oliver Freiberger 6 Comparative methods in legal anthropology: ‘thick’ comparison through (cultural) translation 96 Katrin Seidel 7 The comparative advantage of cultural anthropology 121 Peter van der Veer 8 Methods in comparative politics 135 Mathew Y.H. Wong 9 Comparative philosophy and comparison 149 Ralph Weber 10 Between comparison and commensuration: the trouble with global social indicators 175 David Nelken 11 Particularism versus universalism in the history of comparative literature 197 Angus Nicholls 12 Comparing across societies and disciplines 221 Mark Van Hoecke 13 Conclusion: challenges of comparison 246 Maurice Adams and Mark Van Hoecke Index 264

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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 SynopsisThis book studies three interrelated frontiers in civil justice from European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitization of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.With perspectives from an impressive selection of contributors the book takes on a pan-European perspective and zooms in on several European jurisdictions, thereby providing a holistic exploration of current civil justice debates and frontiers. It includes chapters dedicated to the interaction between public and private justice, the digitisation of both private dispute resolution and court litigation, including the rapid development and use of advanced forms of Artificial Intelligence, and the funding of justice, especially collective actions and settlements by means of private funding and common funds.Addressing these key issues in the current European debate on civil justice, this book will be an ideal read for academics and policy makers interested in the most recent frontier developments and innovations. Legal practitioners will also benefit from the insight into complex topics such as litigation funding, legal conflicts in a digital age, and resolving disputes in a private setting.Trade Review‘This truly topical book explores three new frontiers on the route to an efficient, cost-effective, and fair dispute resolution system adjusted to the needs of the 21st century. One of the most innovative teams of European researchers led by Xandra Kramer continues to build bridges between the old topic of access to justice and exciting contemporary challenges.’ -- Alan Uzelec, Zagreb University, Croatia‘Frontiers in Civil Justice is the fruit of a five-year project examining innovation and access to justice. Ranging from ADR, to digital justice and AI’s potential role in delivering justice, to the perennial topic of collective redress, each chapter is insightful and thought-provoking. This is a richly detailed work that repays careful study.’ -- John Sorabji, University College London, UK‘Frontiers in Civil Justice provides a fulsome account of contemporary European directives, initiatives, and case law aiming to revamp the modes by which claimants can seek remedies. Readers learn of an array of initiatives – from funding for collective redress to mandates that individuals use web-based alternatives to courts. The authors illuminate debates about whether and how these innovations can produce fair decisions and about how the public will be able to understand their import and impact.’ -- Judith Resnik, Yale Law School, USTable of ContentsContents: Preface xii 1 Frontiers in civil justice – privatising, digitising and funding justice 1 Xandra Kramer, Jos Hoevenaars and Erlis Themeli PART I ADR AND THE COURTS – SHAPING THE INTERACTION BETWEEN PUBLIC AND PRIVATE JUSTICE 2 The untapped potential of a structured interaction between courts and ADR for the resolution of consumer disputes in the EU 22 Betül Kas 3 Formal and informal justice in Belgium 40 Stefaan Voet 4 Formulating a more principled approach to ADR within the English civil justice system 61 Masood Ahmed 5 Alternative dispute resolution, justice and accountability in Norwegian civil justice 81 Anna Nylund PART II DIGITSING PRIVATE AND PUBLIC JUSTICE 6 The frontiers of digital justice in Europe 102 Erlis Themeli 7 AI and access to justice: An expansion of Adrian Zuckerman’s findings 121 Nicolas Kyriakides, Anna Plevri and Yomna Zentani 8 Automating due process – the promise and challenges of AI-based techniques in consumer online dispute resolution 142 Martin Ebers 9 E-negotiation in the EU: Current experiences, challenges, and new scenarios 169 Marco Giacalone and Seyedeh Sajedeh Salehi 10 Unpacking content moderation: The rise of social media platforms as online civil courts 193 Catalina Goanta and Pietro Ortolani 11 Access to digital justice: In search of an effective remedy for removing unlawful online content 218 Naomi Appelman, Joanna van Duin, Ronan Fahy, Joris van Hoboken, Natali Helberger and Brahim Zaroual PART III COLLECTIVISING AND MONETISING CIVIL LITIGATION 12 Dutch collective actions and the rise of entrepreneurial actors: Navigating between access to justice and a claim culture 239 Ilja Tillema 13 German collective actions – is litigation funding in a dead end? 260 Astrid Stadler 14 Transparency and oversight of class actions funding in Canada 277 Catherine Piché Index

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Book SynopsisThis timely book builds bridges between the notions of art and aesthetics, human rights, universality, and dignity. It explores a world in which art and justice enter a discussion to answer questions such as: can art translate the human experience? How does humanity link individuality and community building? How do human beings define and look for their identity? The fields of human rights and art are brought together in order to open the discussion and contribute to the promotion and protection of human rights.This interdisciplinary book brings together experts in the fields of art, cultural heritage, social justice, human rights, international law, and transitional justice, and presents the idea that a complex interplay between morality, politics, law, and aesthetics remains present in concrete settings such as the rights of cultural creators, the right to artistic expression, art as a catalyst of change in times of conflict, and post-conflict restitutions. The book offers vignettes of current debates in art and human rights, tackling issues at the confluence of these fields by providing a general framework upon which the conversation can be built, and by bringing to the discussion a diverse range of contemporary themes and concrete case analyses.This book will be an ideal read for academics interested in international law, transitional justice and human rights. Historians, lawyers, artists, and activists looking to explore the relationship between art and human rights in times of war, peace, and transition through their assessment of contemporary issues will also benefit from this comprehensive book.Table of ContentsContents: Foreword Karima Bennoune x Introduction 1 Fiana Gantheret PART I PEACE: THE RIGHT TO ART SECTION 1.1 RIGHT TO CULTURE: CONTEMPORARY ISSUES 1 Legal framework: Is there a right to art? 19 Nolwenn Guibert 2 The human rights of artists: What did the pandemic teach us? 38 Elsa Stamatopoulou SECTION 1.2 RIGHT TO ARTISTIC EXPRESSION 3 Dancing in dialogue: The notion of dance in politically fragile contexts 60 Rose Martin and Shyrine Ziadeh 4 Progressive autonomy of artistic freedom in international law: The contribution of the UN in promoting new economic, social, and cultural rights-based approaches 76 Laurence Cuny SECTION 1.3 ART AND SOCIAL JUSTICE 5 Freedom and the archive 99 Germaine Ingram and Toni Shapiro-Phim PART II CONFLICT(S) SECTION 2.1 REPRESENTATION OF CONFLICT THROUGH ART 6 Seeing and unseeing war in Afghanistan: War, trauma and contestation of the human rights frame 121 Henry Redwood and Hannah Partis-Jennings 7 The forensification of propaganda in epic poetry and Serb leadership cases at the ICTY 141 Predrag Dojčinović SECTION 2.2 ART AS A CATALYST FOR CHANGE IN CONFLICT 8 War on war! Artful weapons in times of war and conflict 165 Bernadette Buckley 9 Cultural diplomacy: The theory and the practice of a bridging concept 188 Roula El Derbas SECTION 2.3 ART: A TARGET OF CONFLICT 10 Preserving and protecting cultural property, art, and antiquities during conflict: Recent experiences in Syria, Iraq, and Libya 209 Michael Danti PART III POST-CONFLICT APPROACHES SECTION 3.1 ART IN NON-JUDICIARY TRANSITIONAL JUSTICE MECHANISMS 11 Art, truth, reconciliation and resistance: Reaching out in Sierra Leone and Canada 230 Rachel Kerr 12 Take me to court: Museum-making and transitional justice in Colombia 247 Sofía N. González-Ayala and Cristina Lleras SECTION 3.2 INTERNATIONAL CRIMINAL JUSTICE AND ART 13 Artistic strategies by and about the International Criminal Court 266 Sofia Stolk 14 Reparations for cultural heritage destruction at the ICC and the limits of human rights 281 Marina Lostal SECTION 3.3 RESTITUTION OF CULTURAL PROPERTY 15 Restitution of WWII cultural property: Philosophical and legal approach 306 Kamil Zeidler and Agnieszka Plata 16 The return of the cultural objects displaced during the colonial era: An overview of solutions, challenges and misgivings from the perspective of international law 327 Alessandro Chechi Conclusion: Universality, dignity, and the five great elements 346 Marina Aksenova Index

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Book SynopsisThis innovative book explores the role of utopian thinking in law and politics, including alternative forms of social engineering, such as technology and architecture. Building on Levitas’ Utopia as Method, the topic of utopia is addressed within the book from a multidisciplinary perspective.The book addresses central questions surrounding utopian thinking: What are its implications for law and politics? To what extent does it constitute a desirable vision? What are its risks or dangers? How is utopia related to ideology? An impressive selection of contributors reflect on the challenge of utopianism and its attraction, advancing the global public debate on social and political issues. Divided into three accessible parts, this book discusses the relationship between utopia and the law, the notion of utopian politics and utopia in architecture and technology.Addressing the topic of utopia from a variety of perspectives, this book will be an interesting read for academic scholars and students in the field of law, legal and political theory, philosophy, ethics, sociology, religious studies, technology and architecture. In particular, it is relevant for scholars who are interested in the dynamics of social, legal and political change.Trade Review‘Stimulating and provocative, this interesting collection tackles utopia from diverse disciplinary, theoretical, and political angles. Drawing on secular and religious traditions, contributors demonstrate utopian thinking’s enduring vitality and significance. With hope, faith, humanity, and the imagination, at its centre, this book explores what utopia can and cannot mean, be, and do.’ -- Davina Cooper, King's College London, UKTable of ContentsContents: PART I UTOPIA AND THE LAW: SKETCHES FOR A NEW SOCIETY 1 Introduction: A return to utopia 2 Bart van Klink, Marta Soniewicka and Leon van den Broeke 2 Finding hope in hopeless times 19 Lynne Copson 3 The rule of law: Between ideology and utopia 38 Bart van Klink 4 Legislative hope and utopia 59 Carinne Elion-Valter 5 A secular form of grace: A place for utopia in law 76 Leon van den Broeke PART II UTOPIAN POLITICS: REDEMPTION OR A ‘RECIPE FOR BLOODSHED’? 6 The politics of hope: Utopia as an exercise in social imagination 96 Marta Soniewicka 7 The utopian ideals of the political order of the European Union: Is a European republic possible? 116 Jan Willem Sap 8 ‘The coming community’: Agamben’s vision of messianic politics 134 Oliver W. Lembcke 9 The allure of utopia: Klaas Schilder’s stress on the relevance of hic et nunc 150 George Harinck 10 The Islamic state 167 Maurits Berger PART III UTOPIA IN ARCHITECTURE AND TECHNOLOGY: THE QUEST FOR PERFECTION 11 An ideal city vs 21st-century pragmatism 187 Ernestyna Szpakowska-Loranc 12 Planning utopia 207 Danielle Chevalier and Yannis Tzaninis 13 Technological utopias: Promises of the unlimited 226 Marc J. de Vries 14 A better way of being? Human rights, transhumanism and ‘the utopian standpoint of man’ 245 Britta van Beers 15 The posthuman: Around the vanishing point of utopia 266 Anna Bugajska 16 Being an agent in a robot and artificial intelligence age: Potentiality or dystopia? 284 Zeynep İspir and Şükrü Keleş Index

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Book SynopsisBuilding a thorough and comprehensive understanding of the limits of transitional justice theory, this innovative book proposes a new concept of the transitional justice citizen.Throughout the book, Briony Jones addresses contemporary criticism of transitional justice theory and practice in order to improve our understanding of the agency of people at times of transition. Drawing on three diverse case studies from across the globe, chapters demonstrate how the transitional justice citizen is defined by transitional justice discourse, policy and practice, and through acts of claiming justice such as protests and political violence. Combining in-depth theorization with empirical insights, this perceptive book positions the concept of citizenship within the context of long-term historical political struggle and the contemporary importance of justice.Investigating the current debates and key research gaps in the field of transitional justice, this book will be vital reading for students and scholars of transitional justice, including those focusing on peacebuilding, citizenship, democratization, and political geography. It will also be beneficial for transitional justice practitioners who wish to reflect on their practice and compare their work with other case studies.Trade Review‘Lucid and persuasive in equal measure, this is the first sustained engagement with how the citizen is constructed and imagined in transitional justice. A multi-dimensional study of everyday agency as transitional justice plays out, it makes a compelling case for more responsive and more effective approaches, but eschews familiar easy answers.’ -- Padraig McAuliffe, University of Liverpool, UK‘This is an important contribution to an emerging critical studies literature on transitional justice that starts with the deceptively simple premise of looking at the post-conflict context from the inside-out, putting the people themselves at the center of analysis. The power and challenge of this approach is that it asks us to look beyond the usual mental maps and implicit assumptions about what justice is supposed to mean, together with the means by which justice should be brought about.’ -- Dustin Sharp, University of San Diego, USTable of ContentsContents: 1. Introduction: contextualizing the struggle for justice to learn from the citizen PART I THE CITIZEN AS JUSTICE RECEIVER 2. The citizen as rights bearer: victims, norms and transitional justice entrepreneurs 3. The citizen as duties bearer: participation, outreach and consultation 4. The citizen as a holder of virtues PART II THE CITIZEN AS JUSTICE SEEKER 5. We can make claims too: acts of inclusion in Côte d’Ivoire 6. These claims should be included: acts of expansion and Tunisian Black activism 7. We can make claims in this way: acts of disruption and education reform in Brčko District, Bosnia-Herzegovina 8. Conclusion to The Transitional Justice Citizen Bibliography Index

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Book SynopsisAlthough Native Americans have been subjugated by every American government since The Founding, they have persevered and, in some cases, thrived. What explains the existence of separate, semi-sovereign nations within the larger American nation? In large part it has been victories won at the Supreme Court that have preserved the opportunity for Native Americans to ‘make their own laws and be ruled by them.’ The Supreme Court could have gone further, creating truly sovereign nations with whom the United States could have negotiated on an equal basis. The Supreme Court could also have done away with tribes and tribalism with the stroke of a pen. Instead, the Court set a compromise course, declaring tribes not fully sovereign but also something far more than a mere social club.This book describes several of the most famous Supreme Court cases impacting the course of Native American history. The author provides an analysis of canonical American Indian Law cases with historical and legal context and brings a fresh perspective to the issues.Law students, policy makers and judges looking for an introduction to American Indian Law will gain an understanding of this complicated history. This exploration will also appeal to academics interested in a new perspective on old and current cases.Trade Review‘In this extraordinary book, Todd Henderson brings to life in a way never previously achieved the complex and fascinating history of what he describes as the American Indian Constitution. Focusing on seven Supreme Court decisions, Henderson addresses such compelling questions as whether Native Americans have rights to their land, and whether, and if so how, the United States Constitution applies to Indians on their own lands. This is a lively and important work of scholarship.’ -- Geoffrey R. Stone, The University of Chicago, USTable of ContentsContents: Introduction: The American Indian Constitution 1. What rights do Indians have to land? Tee-Hit-Ton Indians v United States (1955) 2. What civil authority do Indians have over non-Indians? Williams v. Lee (1959) 3. What rights do Indians have under treaties? Menominee Tribe v. United States (1968) 4. Is “Indian” a race? Morton v. Mancari (1974) 5. What criminal authority do Indians have over non-Indians? Oliphant v. Suquamish Indian Tribe (1978) 6. Does the Bill of Rights apply to Indians? Santa Clara Pueblo v. Martinez (1978) 7. What is the scope of Indian sovereignty? Montana v. United States (1981) 8. What is the future of Indian law at the Supreme Court? McGirt v. Oklahoma (2020) 9. The role of ideology Conclusion: can bells be unrung? Index

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Book SynopsisIn an era where the population is rapidly ageing, this timely Research Handbook addresses the wide-ranging social and legal issues concerning older people.

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Book SynopsisThis timely book unpacks the idea of ‘disaster’ from a variety of approaches, broadening understanding and improving the usability of this complex and often contested concept. Including multidisciplinary perspectives from leading and emerging scholars, it offers reflections on how the concept of disaster has been shaped by and within various fields of research, providing complementary and thought-provoking comparisons across many domains.Functioning as an important point of reference between and across disciplines, chapters explore the forces and building blocks of disaster and how these are interpreted, providing opportunities for dialogue between multiple points of view. The book concludes with a broader, integrated discussion of the aspects of disaster research covered, putting forward suggestions for further cooperation between disciplines and a future research agenda.Defining Disaster will be a fascinating read for disaster researchers in disciplines including law, sociology, and social and public policy who wish to improve their understanding of how their work maps onto the wider field. It will also be beneficial for policy makers and practitioners in this area looking for a rounded view of contemporary cross-disciplinary research on the subject.Trade Review‘Bringing together anthropology, geography, social work, and law, among other disciplines, this new edited book from Aronsson-Storrier and Dahlberg tackles a critical issue in an era of climate change, extreme weather events, and man-made shocks: how to define a disaster. Rather than providing easy answers, each chapter contributes a different perspective on this topic, some universal, and others quite specific. This book would serve as an ideal discussion piece for undergraduates and graduate students alike.’ -- Daniel P. Aldrich, Northeastern University, USTable of ContentsContents: Preface xv 1 On disaster: disciplines, domains and definitions 1 Marie Aronsson-Storrier and Rasmus Dahlberg 2 Prologue: the sociology of disaster – a US perspective on the transformational conceptualization embedded in a discipline 9 Tricia Wachtendorf PART I DISCIPLINES 3 Disaster anthropology: vulnerability, process and meaning 30 Kristoffer Albris 4 Keep the curtains drawn! Event, process and disaster in international law 45 Marie Aronsson-Storrier 5 Positioning social work in relation to disasters: a social notion running along a continuum 58 Carin Björngren Cuadra 6 Defining the role of public health in disasters and emergency management 72 Kevin Blanchard 7 Disaster in engineering and earthquake science 90 Sólveig Thorvaldsdóttir 8 Defining disaster in volcanology 107 Jazmin P. Scarlett, Ailsa Naismith and Ashleigh Rushton PART II DOMAINS 9 Whose views matter? Navigating insiders’ and outsiders’ understanding of disasters 123 Loïc Le Dé and J.C. Gaillard 10 Drought, famine and disasters 140 Olivier Rubin 11 Defining disasters through international space governance 157 Nathan Clark 12 Disaster definitions from an Arctic perspective 176 Natalia Andreassen and Rebecca Pincus 13 Disaster movies: definitions, filmography and three analyses 194 Rasmus Dahlberg and Uta Reichardt 14 Systemic disasters: considering the whole and not constituent parts 212 Livhuwani Nemakonde 15 Epilogue: what are disasters not? 228 Ilan Kelman 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.Herbert Kritzer presents a clear introduction to the history, methods and substance of empirical legal research (ELR). Quantitative methods dominate in empirical legal research, but an important segment of the field draws on qualitative methods, such as semi-structured interviews and observation. In this book both methodologies are explored alongside systematic data analysis. Offering an overview of the broad ELR literature, the institutions of the law, the central actors of the law, and the subjects of the law are each addressed in this highly readable account that will be essential reading for legal researchers.Key features include: Summaries of the history of empirical legal research A clear introduction to methods in empirical legal research Coverage of both quantitative and qualitative methods and research A readable guide to the impact and rationale of different methodologies. This relatively short book provides an invaluable quick introduction for students, scholars, legal professionals and policy professionals.Trade Review‘This work is true to its title as an Advanced Introduction, providing a history of and wide-ranging introduction to ELR and examples to illustrate both ELR methodologies and ELR studies in a digestible format.’ -- Jessica Pierucci, International Journal of Legal Information‘The value of Kritzer’s book is that it provides a highly readable and succinct yet thorough introduction to empirical legal research, its methods, and its outputs.’ -- Lisa F M Ansems, Kees van den Bos, Journal of Law & Society‘This book represents an excellent appetiser in the diet of the novice and would be fitting pre-course reading. I would have no hesitation in setting this book as introductory reading for a postgraduate methods course.’ -- Linda Mulcahy, Frontiers of Socio-Legal Studies'In a deceptively concise format Kritzer has provided us with a thoughtful, wide ranging and pleasingly international perspective on the development, methods, and achievements of Empirical Legal Research. This Advanced introduction, provided by a pre-eminent exponent, is indispensable for newcomers seeking an understanding of the history and practice of ELR. For those already engaged in the field it offers an insightful, contemporary overview of the contribution of empirical legal research to our understanding of law's institutions, people and subjects. Kritzer is to be congratulated on delivering so much in so few words.' -- Dame Hazel Genn, University College London, UK'In this concise but thorough volume, Kritzer provides those interested in empirical legal studies an engaging overview of the past, present, and future of empirical legal research. Kritzer's volume is unique in its ability to both inform readers about this ever-important, multi-disciplinary field and to empower scholars to engage with and develop their own research on legal subject matter. Highly recommended for scholars and students alike!' -- James L. Gibson, Washington University, US'Social scientists have a taste for rigor. What has a legal scholar to gain by acquiring this taste? Bert Kritzer, one of the pioneers of the approach, counsels legal academics considering their personal empirical turn: what does it take to be a serious empiricist, and which kinds of insights can be the reward?' -- Christoph Engel, Director of the Max Planck Institute for Research on Collective Goods, Germany‘This is a valuable introduction to empirical research on law in society from one of its most experienced practitioners. A particular strength is its even-handed approach to quantitative and qualitative methods, stressing that methods should be chosen to fit questions rather than questions being forced to fit methods. The book also helpfully illustrates how research using different methods has thrown light on practical issues in the way legal institutions operate and influence the lives of ordinary people exposed to them.’ -- Robert Dingwall, Professor of Sociology, Nottingham Trent University, UKTable of ContentsContents: Preface vii PART I: Introducing Empirical Legal Research 1. What Is Empirical Legal Research? 2. A Brief History of Empirical Legal Research PART II: Methodology 3. Methodology: Preliminary Issues 4. Methodology: Data Collection 5. Methodology: Data Analysis PART III: Substantive Examples 6. Law’s Institutions 7. Law’s People 8. Law’s Subjects 9. Conclusion References 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.Herbert Kritzer presents a clear introduction to the history, methods and substance of empirical legal research (ELR). Quantitative methods dominate in empirical legal research, but an important segment of the field draws on qualitative methods, such as semi-structured interviews and observation. In this book both methodologies are explored alongside systematic data analysis. Offering an overview of the broad ELR literature, the institutions of the law, the central actors of the law, and the subjects of the law are each addressed in this highly readable account that will be essential reading for legal researchers.Key features include: Summaries of the history of empirical legal research A clear introduction to methods in empirical legal research Coverage of both quantitative and qualitative methods and research A readable guide to the impact and rationale of different methodologies. This relatively short book provides an invaluable quick introduction for students, scholars, legal professionals and policy professionals.Trade Review‘This work is true to its title as an Advanced Introduction, providing a history of and wide-ranging introduction to ELR and examples to illustrate both ELR methodologies and ELR studies in a digestible format.’ -- Jessica Pierucci, International Journal of Legal Information‘The value of Kritzer’s book is that it provides a highly readable and succinct yet thorough introduction to empirical legal research, its methods, and its outputs.’ -- Lisa F M Ansems, Kees van den Bos, Journal of Law & Society‘This book represents an excellent appetiser in the diet of the novice and would be fitting pre-course reading. I would have no hesitation in setting this book as introductory reading for a postgraduate methods course.’ -- Linda Mulcahy, Frontiers of Socio-Legal Studies'In a deceptively concise format Kritzer has provided us with a thoughtful, wide ranging and pleasingly international perspective on the development, methods, and achievements of Empirical Legal Research. This Advanced introduction, provided by a pre-eminent exponent, is indispensable for newcomers seeking an understanding of the history and practice of ELR. For those already engaged in the field it offers an insightful, contemporary overview of the contribution of empirical legal research to our understanding of law's institutions, people and subjects. Kritzer is to be congratulated on delivering so much in so few words.' -- Dame Hazel Genn, University College London, UK'In this concise but thorough volume, Kritzer provides those interested in empirical legal studies an engaging overview of the past, present, and future of empirical legal research. Kritzer's volume is unique in its ability to both inform readers about this ever-important, multi-disciplinary field and to empower scholars to engage with and develop their own research on legal subject matter. Highly recommended for scholars and students alike!' -- James L. Gibson, Washington University, US'Social scientists have a taste for rigor. What has a legal scholar to gain by acquiring this taste? Bert Kritzer, one of the pioneers of the approach, counsels legal academics considering their personal empirical turn: what does it take to be a serious empiricist, and which kinds of insights can be the reward?' -- Christoph Engel, Director of the Max Planck Institute for Research on Collective Goods, Germany‘This is a valuable introduction to empirical research on law in society from one of its most experienced practitioners. A particular strength is its even-handed approach to quantitative and qualitative methods, stressing that methods should be chosen to fit questions rather than questions being forced to fit methods. The book also helpfully illustrates how research using different methods has thrown light on practical issues in the way legal institutions operate and influence the lives of ordinary people exposed to them.’ -- Robert Dingwall, Professor of Sociology, Nottingham Trent University, UKTable of ContentsContents: Preface vii PART I: Introducing Empirical Legal Research 1. What Is Empirical Legal Research? 2. A Brief History of Empirical Legal Research PART II: Methodology 3. Methodology: Preliminary Issues 4. Methodology: Data Collection 5. Methodology: Data Analysis PART III: Substantive Examples 6. Law’s Institutions 7. Law’s People 8. Law’s Subjects 9. Conclusion References Index

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Book SynopsisThis timely book provides a comprehensive overview of European pension law with a dual purpose: both to introduce the legal aspects of different forms of pension at the European level, as well as to explore the main legal policy issues.Throughout the book, the three main types of pension - state pension, occupational pension and personal pension - are examined, together with the issues of financing, institutions, solvency, stakeholders, and rights and duties. The book therefore provides a nuanced guide to the field, going beyond merely a paraphrase of European law or the case law of the European Court of Justice. Yves Stevens also outlines the main principles of European pension law, reflecting on them from historical, sociological and teleological points of view. The constant interaction between law, economics and social policy is the reference point for the legal debates at the heart of this book.Offering a unique insight into how the European bodies work to bring about pension legislation, EU Pension Law will be a key resource for scholars and students in the fields of financial regulation and economics, European law, finance law and social security law.Trade Review‘This book is a tour de force! Professor Stevens’s deep knowledge and scholarship enables him to explain clearly this singularly complex area of law. The book brilliantly covers the interplay between EU level legal rules impacting on pensions, from Treaty Articles to Regulations, and the reserved powers of EU member states to decide on the rules to govern their own state, occupational and individual pensions.’ -- Philip Bennett, Durham University, UK‘The author calls this book an introductory guide but indeed it is far more than that. It is the first comprehensive book covering EU pension law. The author is very experienced in this area and therefore provides a precise view and lots of insights. He combines a comparative analysis of statutory-based pensions, occupational pensions and personal pensions with EU rules and coordination issues. Last but not least he introduces the term “European Pension Law” and puts it in the right perspective. Anybody dealing with pensions in Europe should have and read this book.’ -- Heinz-Dietrich Steinmeyer, University of Münster, GermanyTable of ContentsContents: Preface 1. Legal competences in pension matters 2. Statutory state-based pensions 3. Occupational pensions 4. Individual pensions 5. Postscript: challenges and future of European pension law Bibliography Index

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Book SynopsisIn this original and thought-provoking Research Handbook, an international and interdisciplinary group of scholars, artists, lawyers, judges, and writers offer a range of perspectives on rethinking law by means of literary concepts. Presenting a comprehensive introduction to jurisliterary themes, it destabilises the traditional hierarchy that places law before literature and exposes the literary nature of the legal.Chapters explore multiple genres and modes, from travel reviews to graphic novels, from poetics to ghost-writing, from cartography to speculative fiction. Working with diverse methods and areas of inquiry, including enstrangement, colonial entanglements, blockchain narratives, transing and transgression of many kinds, matterphor, aesthetics and epistemology, this Research Handbook provides a systematic application of literary approaches to the reading of law.Scholars and students of jurisprudence, and those in the humanities with an interest in law and literature, will find this ground-breaking Research Handbook an indispensable guide. It also offers insight to international legal scholars looking for materialist accounts of law, as well as those interested in contemporary challenges to the rule of law.Trade Review'The Research Handbook on Law and Literature is a gloriously provocative and satisfyingly comprehensive compendium addressing the ethics of reading. Both law and literature distribute value, materialize universes of cognition, and deliver cultural sensibilities into the realm of the real. That linkage between legality and the fictive is philological at its core: a kaleidoscopic churning of words, symbols, whole languages and ontographies. The chapters in this volume examine that complexly authoritative word-power: the stony edifices of punition, sacrilege, privilege and existence are undressed for their ludic manipulations, artful rotations of viewpoint, elegant wordplay and profoundly poetic constructions. Each distinguished contributor to this Handbook shines extraordinary light upon the responsibilities of that world-making, revealing both law’s aesthetic sensorium, as well as literature’s governing appeal.’ -- Patricia J. Williams, Northeastern University, US‘Since its inception in the late 1980s, the Law & Literature movement has proven to be the most innovative, original, boundaries-shaking research program in contemporary legal theory. This Handbook, gathering grand pioneers and new hotshots, will prove how, to even the most reluctant reader. The sheer level of imagination, virtuosity and rigor of its contributors should put to shame those among us who are not part of the same league – which means: almost everyone.’ -- Laurent de Sutter, Vriije Universiteit Brussel, Belgium‘This is an important examination of the complex relations between law and language, esthetic and normativity, sensitivity and narrativity, violence and words, humiliation and justice. The chapters in this highly original Research Handbook bring different voices, from plural geographies and a variety of intellectual traditions. Metaphors, overlapping language games, bodies in pain, promises and utopias: here is a sophisticated and exciting community of ideas, affinities that transcend academic departments and that intervene at the edges of the political and under the skin of infrapolitics.’ -- Claudio Martyniuk, University of Buenos Aires, ArgentinaTable of ContentsContents: 1 Introduction to Research Handbook on Law and Literature. What is your power? 1 Daniela Gandorfer PART I VISIONS AND DECISIONS 2 Premonition 15 Peter Goodrich 3 Ostranenie 28 Jorge Luis Roggero 4 Theatricality 38 Marett Leiboff 5 Perspective 64 James R. Martel PART II CUTTER ISLANDS 6 Legacies 83 Anne Bottomley 7 Castration 110 Maria Aristodemou 8 Utopia 128 Elena Loizidou 9 Adda 147 Debolina Dutta 10 Cartographies 174 Sabarish Suresh PART III GOVERNANCE 11 Exhaustion 201 Nathan Moore 12 Oikonomia 223 Marinos Diamantides 13 Wilding 250 Nicole Rogers PART IV (CIS)TEMS OF THOUGHT 14 Billets 272 Jannice Käll 15 Fury 284 Virginia Emilse Zuleta 16 Hyperbole 296 Elena Cirkovic PART V TENSE FRAMES 17 Tenses 315 Mikus Duncis and Geoff Gordon 18 Travel 327 Nofar Sheffi 19 Death 339 Bernard Keenan PART VI NARRATIONS 20 Blocks 351 Andrea Leiter 21 Auto-bio-ethno-graphy 364 Cecilia Gebruers 22 Beoble 373 Deepak Unnikrishnan 23 Transing 378 Greta Olson and Laura Borchert PART VII MATTERING-FORTH 24 Grounds 401 Rhys Aston and Margaret Davies 25 Slash 419 Andreas Philippopoulos-Mihalopoulos 26 Ditches 438 Adam Gearey PART VIII JURISLITERARY HISTORIES 27 Miracles 454 Serene Richards 28 Soul 471 Jesús R. Velasco 29 Ambiguity 483 Susan Byrne PART IX CROSSING SENSIBILITY 30 Transgression 499 Angela Condello and Tiziano Toracca 31 Transdiscourse 518 Gonzalo Sebastián Aguirre and Christian Alejandro Kessel 32 Trauma 532 Phillip Mitsis PART X A WORD ON JUSTICE 33 Lessons 552 Richard H. Weisberg 34 Illocutionary 568 María Pía Lara 35 Poetics 580 Alejandro Awad Index 592

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Book SynopsisThis book explores the complex interactions between debt and austerity, analysing the social, economic, and legal implications of governments’ responses to the 2008 financial crisis. Demonstrating how the nature of debt for those on low incomes has changed radically over the last decade, the chapters provide insight into how structural inequality was exacerbated by changes in the redistributive state, the legal system, and the welfare system. The examination occurs on a number of levels and these issues are explored through the lens of power, place, and class. The authors utilize both international case studies and 'on the ground' experiences, reviewing the role of high cost credit, bailiffs, local governments, bankruptcy, and debt advice. Through the analysis of the nature and structure of debt in specific countries, it highlights important lessons for a global audience. This unique book offers a broad, multi-faceted insight into the issue of low-income debt which will greatly benefit academics in law, social policy, geography, and economics. Its focus on practical steps and potential reforms, as well as contributions from third sector organizations, will also interest practitioners, policymakers, and NGOs.Trade Review‘The book is brilliant for illuminating the crush and bind of debt for low-income individuals in otherwise high-income British society since the advent of post-2008 austerity. Far from a unique and cloistered experience of the unlucky or undeserving, the book makes clear how gripping debt will remain without a range of urgently needed policy changes. These chapters will be indispensable reading for students, scholars, civil society, and, one desperately hopes, policy makers.’ -- Heather Whiteside, Economic Geography‘As problems of debt and overindebtedness loom large in the wake of the Coronavirus pandemic, this rich and interdisciplinary collection of essays provides timely insights into the theoretical, policy and practical issues in addressing problems of debt and low income in contemporary society.’ -- Iain Ramsay, University of Kent, UK'As problems of debt and overindebtedness loom large in the wake of the Coronavirus pandemic, this rich and interdisciplinary collection of essays provides timely insights into the theoretical, policy and practical issues in addressing problems of debt and low income in contemporary society.'Table of ContentsContents: Foreword xv Acknowledgements xviii PART I NATURE OF THE PROBLEM 1 Understanding low-income debt in a high-income country 2 Mia Gray, Katharina Möser and Jodi Gardner 2 Mortgage debt in an age of austerity 30 Susan J. Smith 3 Debt begets debt: public and private debt in austerity Britain 46 Mia Gray 4 Austerity and financial safety nets: bankruptcy abuse prevention and bank protection in Irish post-crisis policy? 69 Joseph Spooner 5 The changing infrastructure of debt relief: privatisation, bureaucracy and public choice 94 Katharina Möser 6 ‘I just felt responsible for my debts’: debt stigma and class (ificatory) exploitation 125 Matthew Sparkes 7 Austere social reproduction and the gendered geographies of debt 151 Sam Strong PART II NATURE OF THE SOLUTION 8 The poverty premium and debt 175 Sara Davies and Andrea Finney 9 High-cost credit in the UK: what’s the problem and how should policy respond? 194 Karen Rowlingson 10 The rise and rise of affordability complaints 219 Sara Williams 11 Consumer debt problems and the image of the consumer in Swedish consumer credit regulation 240 Ann-Sofie Henrikson 12 Partnering to address financial exclusion in Australia 260 Jordan Grace 13 Relief from austerity: the case for a targeted write-off of the UK’s household debt stock 280 Johnna Montgomerie 14 Austerity, inequality and high-cost credit: understanding the role of a social minimum 299 Jodi Gardner Index

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Book SynopsisThis thought-provoking book examines the state of the European Monetary Union (EMU) and its shortcomings in terms of social rights protection in the context of the COVID-19 pandemic and the aftermath of the Euro crisis. Providing a critical analysis of the basic tenets of European economic governance, it highlights current challenges for a Social Europe and proposes new avenues for tackling these issues.Focusing on the existing mechanisms of social rights protection in the EU, chapters explore the imbalance between economic and social goals within the EMU, discussing how to strengthen the building blocks of Social Europe in order to address this. The book also investigates the challenges for the adjudication of social rights before European and domestic courts, and considers alternative models of judicial review that offer better protection in the context of crisis.Scholars and students of EU law, constitutional law, and public international law will find this book a crucial read, in particular those with an interest in law and economics. It will also be useful for EU law practitioners working in social rights.Trade Review‘This valuable book comes at a key time: as the EU and its member states wrestle with the mid to long-term social and economic impacts of the COVID-19 pandemic. The contributions engage effectively with the post-financial crisis EMU as a challenge for social rights enjoyment, while clearly locating that challenge in the historic marginalisation of social rights in EU governance. This volume will be of interest to anyone concerned about existing and potential mechanisms of social rights protection in the EU.’ -- Aoife Nolan, University of Nottingham, UKTable of ContentsContents: Introduction to Social Rights and the European Monetary Union 1 Maribel González Pascual and Aida Torres Pérez PART I THE BUILDING BLOCKS OF SOCIAL RIGHTS’ PROTECTION IN THE EU 1 The dimensions of the principle of solidarity in the European Union 7 Karl-Peter Sommermann 2 Social rights protection in the EU: unlocking the social content of the EU Charter 25 Maribel González Pascual PART II THE EMU AS A CHALLENGE FOR SOCIAL RIGHTS 3 The emergence of the new over-riding objective of financial stability 51 Klaus Tuori and Fernando Losada 4 Social rights and the disintegration of (and through) law in the Economic and Monetary Union: taking stock and looking forward 71 Francesco Costamagna and Filippo Croci 5 Towards a meaningful integration of fundamental (social) rights in EMU governance 97 Paul Dermine 6 The human rights puzzle of the euro-crisis: why massive breaches of human rights but none of the EU Charter of Fundamental Rights? 121 Claire Kilpatrick PART III THE ROLE OF COURTS WITHIN THE EMU 7 The CJEU as guardian of social rights? The legacy of the European financial crisis 143 Anastasia Poulou 8 The justiciability of ‘social rights’: evidence from crisis-ridden Greece 162 Lina Papadopoulou and Nada Bodiroga-Vukobrat in memoriam 9 The uncertain structure of process-based proportionality review in the EU: looking back at the debate on the CJEU’s Weiss ruling and the German Federal Constitutional Court’s PSPP ruling 187 Oliver Gerstenberg 10 Adjudication of socioeconomic rights by the CJEU: towards a new form of judicial review? 205 Aida Torres Pérez Index

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Book SynopsisThis innovative book proposes new theories on how the legal system can be made more comprehensible, usable and empowering for people through the use of design principles. Utilising key case studies and providing real-world examples of legal innovation, the book moves beyond discussion to action. It offers a rich set of examples, demonstrating how various design methods, including information, service, product and policy design, can be leveraged within research and practice.Providing a forward-thinking outlook, this book presents an in-depth examination of how a human-centred, visual and participatory design approach can improve legal services and outcomes. Spanning numerous fields of legal practice, from education, housing and contracts to intellectual property, it highlights how visuals, information design and better communication can help prevent and solve legal problems. Chapters explore a new vision of lawyering and its potential to encompass a more creative and collaborative approach to legal practice.Legal Design will be of benefit to students and scholars seeking an up-to-date analysis of current trends related to legal design thinking and execution. It will also be a key resource for legal practitioners, policy-makers, government officials and business professionals looking to deepen their understanding of the field and improve their own design tools.Trade Review‘Legal Design: Integrating Business, Design and Legal Thinking with Technology is a valuable addition to the literature. Whether as a broad introduction to legal design principles and methodologies, a place to be inspired by case studies and projects or as a more detailed examination of its place within the academy, it is a text that will be of interest to anybody with a curiosity about how law and design can function together to make the world a better place.’ -- Emily Allbon, The Edinburgh Law Review'Filled with actionable insights from the superstars of legal design around the world, this book will become a go-to resource for legal innovators and inspire a new breed of proactive lawyers to keep clients at the heart of their work.' -- Verity White, Checklist Legal, Australia‘This book is a thoughtful exploration of legal design, a novel human-centred paradigm for problem-solving and innovation in the legal space. The contributions range across domains – access to justice, contracts, adjudication, legal education, and more. The case studies show how legal design can make abstract legal rules and processes come to life, empowering their end-users. It is an essential reading for those interested in understanding the many faces of legal design, both from a theoretical and practical perspective.’ -- Stefania Passera, Passera Design and University of Vaasa, Finland‘Legal Design is required reading for practitioners and academics interested in the latest advances in the field. The book’s amazing breadth of coverage includes chapters on policy making, cultural conflict, intellectual property, consumer protection, tenants’ rights, commercial contracts, judicial decision making, and education. The contributors are well-known experts in the field who provide in-depth coverage of each topic. The book provides special value by combining legal design theory with many practical examples, including contract design patterns, comic contracts, visual legal advice templates and knowledge graphs.’ -- George Siedel, University of Michigan, USTable of ContentsContents: Preface x 1 A new attitude to law’s empire: the potentialities of legal design 1 Michael Doherty, Marcelo Corrales Compagnucci, Helena Haapio and Margaret Hagan 2 Prototyping for policy 9 Margaret Hagan 3 The relationship between legal and design cultures: tension and resolution 32 Michael Doherty 4 Legal design for the common good: proactive legal care by design 56 Helena Haapio, Thomas D Barton and Marcelo Corrales Compagnucci 5 Intellectual property rights and indigenous dress heritage: towards more social planning types of practices via user-centric approaches 81 Rosa María Ballardini, Heidi Härkönen and Iiris Kestilä 6 Tailor-made consumer protection: personalisation’s impact on the granularity of consumer information 105 Joasia Luzak 7 Co-designing digital tools for 21st-century tenant organizing 130 Ashley Treni and Georges Clement 8 Knowledge graphs as an example of legal design to model legal analytics for adjudication with respect for the rule of law 152 Geneviève Vanderstichele 9 Better commercial contracts with the application of functional contracting and legal design 171 Konsta Huovinen 10 Legal design in judicial decisions: Colombian case study 198 Mariana Bernal Fandiño 11 Legal design in education: ways of teaching and the role of different disciplines in building legal design competence 215 Sanna Niinikoski and Nina Toivonen Index

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Book SynopsisThe Research Handbook on International Abortion Law provides an in-depth, multidisciplinary study of abortion law around the world, presenting a snapshot of global policies during a time of radical change. With leading scholars from every continent, Mary Ziegler illuminates key forces that shaped the past and will influence an unpredictable future.In addition to basic, fundamental concepts, this Research Handbook offers valuable insight into new developments in law and medical practice, from medication abortion to the rise of illiberal democracy, and explores the evolution of social movements for and against illegal abortion in a wide variety of national contexts. This is a crucial reference for students, scholars, professors, and policymakers interested in the complexities of abortion law and politics, and the influences that are crossing borders and shaping the present moment.Trade Review‘This is a critically important volume on international abortion law, which looks beyond the United States to bring a broader, deeper conversation into view.’ -- Michele Goodwin, University of California, Irvine, US‘This book offers an extraordinarily rich view of the complex challenges of framing and implementing abortion law in many countries around the world. Read it and you will learn about the human, legal and power dynamics surrounding abortion and how they interact across time, race, religion and class.’ -- Rebecca J. Cook, University of Toronto, CanadaTable of ContentsContents: Preface xiv PART I INTRODUCTION 1 Introduction to the Research Handbook on International Abortion Law 2 Mary Ziegler PART II HISTORIES OF LIBERALIZATION 2 Health and heredity: abortion reform in Sweden in the 1930s and 1940s 22 Lena Lennerhed 3 Before Roe and Morgentaler: a comparative history of abortion politics in the US and Canada from 1800 to 1970 39 Kelly Gordon and Paul Saurette 4 Unfinished business: the feminist legal framework for abortion and ongoing struggle for reproductive justice in South Africa 61 Susanne M. Klausen PART III THE PROMISE AND LIMITS OF DECRIMINALIZATION 5 Abortion law reform in Malawi: a case study in stakeholder engagement, public education, and human rights advocacy 82 Godfrey Dalitso Kangaude, Chrispine Gwalawala Sibande, Susan Deller Ross, and Michelle Xiao Liu 6 Abortion law in Thailand: a big step forward? 103 Ronnakorn Bunmee 7 Abortion in Australia: law, policy and the advancement of reproductive rights 124 Ronli Sifris PART IV ABORTION IN POPULAR POLITICS 8 Access to abortion: comparative public policy in France and the United States 142 Jennifer Merchant 9 The transformation of abortion law in China 160 Ruby Lai Yuen Shan 10 Abortion and federalism: the Australian example 181 Kate Gleeson 11 Israel’s abortion law and the paradox of a rightless access to pregnancy terminations 202 Noya Rimalt PART V MOVEMENTS AGAINST ABORTION 12 Abortion politics in Brazil: backlash and the antiabortion field renewal 222 Marta R. de Assis Machado 13 The international pro-life movement 243 Daniel K. Williams 14 Abortion law and illiberal courts: spotlight on Poland and Hungary 263 Agnieszka Bień-Kacała and Tímea Drinóczi PART VI RACE, SEX, RELIGION 15 Enhancing reproductive justice transnationally: an equality-based approach to sex-selective abortion laws in India 284 Sital Kalantry and Meher Dev 16 Abortion, law and health in the Arab world 303 Irene Maffi and Liv Tønnessen 17 Abortion in Ecuador: overview of a collective struggle 321 Cristina Burneo Salazar PART VII THE ROLE OF INTERNATIONAL HUMAN RIGHTS 18 Beyond abortion decriminalization: human rights perspectives on the role of law in creating enabling environments for abortion access 343 Payal K. Shah and Jihan Jacob 19 Abortion law in Europe: the promise and pitfalls of human rights and transnational trade law in the face of criminalization with exceptions 374 Lucía Berro Pizzarossa, Tamara Hervey and Anniek de Ruijter 20 Engendering democracy and rights: the legalization of abortion in Argentina 394 Alicia Ely Yamin and Agustina Ramón Michel 21 Abortion, reform, and rights: tales from a small island 420 Fiona de Londras 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.Leading scholar Tom R. Tyler provides a timely and engaging introduction to the field of law and psychology. This Advanced Introduction outlines the main areas of research, their relevance to law and the way that psychological findings have shaped – or failed to shape – the corresponding areas of law.Key features include: broad coverage of the key topics in the field accessible, non-technical presentation of research findings focus on the relevance of psychological theories to topics in law emphasis on the institutional realities within which law functions discussion of the problems of bringing research findings into the legal system. Presenting an informative overview of this rapidly developing area, the Advanced Introduction to Law and Psychology will be a key resource for students and scholars of law, psychology and the social sciences. It will also be of benefit to psychologists and legal practitioners.Trade Review‘This book provides a wonderful introduction to the many areas of the law that can be enriched by a better understanding of psychological theories and research. Unlike most other introductions to law and psychology, this book travels far beyond the courtroom to consider how psychology can help us understand and improve policing, crime policy, and public acceptance of court decisions. Great resource for students, lawyers, and judges.’ -- Gregory Mitchell, University of Virginia, US‘Tracing the arc of the field of law and psychology from its inception, Advanced Introduction to Law and Psychology defines the field for the modern era. The volume expertly covers classic topics such as eyewitness testimony, jury decision making, and risk assessment as well as engaging readers in contemporary issues surrounding policing, proprietary algorithms, civil justice, and more. With an engaging and accessible style, Tyler deftly introduces readers to psychology’s contributions to evidence-informed law and policy.’ -- Jennifer K. Robbennolt, University of Illinois, US‘Tom Tyler does justice in providing an Advanced Introduction to Law and Psychology in this truly integrative text. Finally, this book puts psychology on equal footing with the law. Tyler avoids going down the usual scattered rabbit holes dug by legal psychologists in pursuit of narrow and convenient legal issues that align primarily with their muscular research methods. Instead, he brings broad mastery of the entire field of psychology to the full range of legal issues relevant to the timely pursuit of evidence-informed analysis and reform of the American legal system.’ -- Mark Fondacaro, John Jay College of Criminal Justice and the Graduate Center, CUNY, US‘This Advanced Introduction to the flourishing field of law and psychology is a tour de force by one of the field’s most prominent scholars. In accessible and engaging prose, Professor Tyler convincingly demonstrates the value of a psychological perspective on law and legal procedures. The book is a masterly integration of psychology and law, providing a comprehensive picture of the current field for newcomers and advanced scholars alike. Highly recommended! Professor Tyler draws inspiration from not only his own path-breaking research on procedural justice but also from the work of other psychologists and legal scholars and the real-world experiences of justice system practitioners. Readers will learn about psychological research that has helped improve the quality of police work and forensic examinations; has increased our understanding of eyewitness identifications and confessions; and has allowed us to better identify those who are at risk. Professor Tyler comprehensively surveys the psychological research on plea bargaining, negotiation, arbitration, trials, and sentencing, offering insights into the process of decision making at each of these points. The book also offers compelling research evidence about the persistent effects of prejudice and bias throughout the criminal and civil justice systems.’ -- Valerie Hans, Cornell Law School, US‘Tom Tyler – the leading psychologist of law in the world – has written a magisterial appraisal of his field. Advanced Introduction to Law and Psychology offers a sweeping precis and interrogation of every major legal topic on which psychological analysis has been brought to bear. The book constitutes a remarkably scholarly trifecta: broad coverage, deep analyses, and clear, jargon-free prose.’ -- John Monahan, University of Virginia, US‘Tom Tyler is one of the most impactful scholars in the history of the law-and-psychology movement, and surely every university course on that topic covers his work in some detail. With this book, students will have a chance to get Tyler's own perspective on this important field.’ -- Robert J. MacCoun, Stanford University, US‘Tom Tyler’s pathbreaking work investigating the impact of legal practices and the law on human behavior is the gold standard in the field. In this book, he gives us rich insights into landmark psychological findings about human perception and decision-making, the causes and correlates of human behavior, and the means of reducing bias that are crucial to fashioning sensible, evidence-based systems of criminal and civil justice.’ -- Christopher Slobogin, Vanderbilt University, US'This Advanced Introduction to Law and Psychology discusses primary issues that matter in the law and that have a psychological component. The resulting multidisciplinary effort to address core legal questions demonstrates convincingly that the fields of law and psychology both need each other and mutually benefit from their association. This much needed overview thereby shows how systematic empirical research in different psychological fields can foster trust in law as well as trust in the modern science of law.' -- Kees van den Bos, Utrecht University, the NetherlandsTable of ContentsContents: Preface Introduction to Law and Psychology 1. Overview 2. Scientific evidence and experts 3. Lineups and eyewitnesses 4. Credibility assessment: lie detection, interrogation and confession 5. Prejudice, bias and discrimination 6. Criminal responsibility 7. Sentencing, punishment and rehabilitation 8. Risk assessment 9. Civil justice 10. Legal decision-makers: judges and juries 11. Freedom, consent and subjective harm 12. Conclusion References 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.Leading scholar Tom R. Tyler provides a timely and engaging introduction to the field of law and psychology. This Advanced Introduction outlines the main areas of research, their relevance to law and the way that psychological findings have shaped – or failed to shape – the corresponding areas of law.Key features include: broad coverage of the key topics in the field accessible, non-technical presentation of research findings focus on the relevance of psychological theories to topics in law emphasis on the institutional realities within which law functions discussion of the problems of bringing research findings into the legal system. Presenting an informative overview of this rapidly developing area, the Advanced Introduction to Law and Psychology will be a key resource for students and scholars of law, psychology and the social sciences. It will also be of benefit to psychologists and legal practitioners.Trade Review‘This book provides a wonderful introduction to the many areas of the law that can be enriched by a better understanding of psychological theories and research. Unlike most other introductions to law and psychology, this book travels far beyond the courtroom to consider how psychology can help us understand and improve policing, crime policy, and public acceptance of court decisions. Great resource for students, lawyers, and judges.’ -- Gregory Mitchell, University of Virginia, US‘Tracing the arc of the field of law and psychology from its inception, Advanced Introduction to Law and Psychology defines the field for the modern era. The volume expertly covers classic topics such as eyewitness testimony, jury decision making, and risk assessment as well as engaging readers in contemporary issues surrounding policing, proprietary algorithms, civil justice, and more. With an engaging and accessible style, Tyler deftly introduces readers to psychology’s contributions to evidence-informed law and policy.’ -- Jennifer K. Robbennolt, University of Illinois, US‘Tom Tyler does justice in providing an Advanced Introduction to Law and Psychology in this truly integrative text. Finally, this book puts psychology on equal footing with the law. Tyler avoids going down the usual scattered rabbit holes dug by legal psychologists in pursuit of narrow and convenient legal issues that align primarily with their muscular research methods. Instead, he brings broad mastery of the entire field of psychology to the full range of legal issues relevant to the timely pursuit of evidence-informed analysis and reform of the American legal system.’ -- Mark Fondacaro, John Jay College of Criminal Justice and the Graduate Center, CUNY, US‘This Advanced Introduction to the flourishing field of law and psychology is a tour de force by one of the field’s most prominent scholars. In accessible and engaging prose, Professor Tyler convincingly demonstrates the value of a psychological perspective on law and legal procedures. The book is a masterly integration of psychology and law, providing a comprehensive picture of the current field for newcomers and advanced scholars alike. Highly recommended! Professor Tyler draws inspiration from not only his own path-breaking research on procedural justice but also from the work of other psychologists and legal scholars and the real-world experiences of justice system practitioners. Readers will learn about psychological research that has helped improve the quality of police work and forensic examinations; has increased our understanding of eyewitness identifications and confessions; and has allowed us to better identify those who are at risk. Professor Tyler comprehensively surveys the psychological research on plea bargaining, negotiation, arbitration, trials, and sentencing, offering insights into the process of decision making at each of these points. The book also offers compelling research evidence about the persistent effects of prejudice and bias throughout the criminal and civil justice systems.’ -- Valerie Hans, Cornell Law School, US‘Tom Tyler – the leading psychologist of law in the world – has written a magisterial appraisal of his field. Advanced Introduction to Law and Psychology offers a sweeping precis and interrogation of every major legal topic on which psychological analysis has been brought to bear. The book constitutes a remarkably scholarly trifecta: broad coverage, deep analyses, and clear, jargon-free prose.’ -- John Monahan, University of Virginia, US‘Tom Tyler is one of the most impactful scholars in the history of the law-and-psychology movement, and surely every university course on that topic covers his work in some detail. With this book, students will have a chance to get Tyler's own perspective on this important field.’ -- Robert J. MacCoun, Stanford University, US‘Tom Tyler’s pathbreaking work investigating the impact of legal practices and the law on human behavior is the gold standard in the field. In this book, he gives us rich insights into landmark psychological findings about human perception and decision-making, the causes and correlates of human behavior, and the means of reducing bias that are crucial to fashioning sensible, evidence-based systems of criminal and civil justice.’ -- Christopher Slobogin, Vanderbilt University, US'This Advanced Introduction to Law and Psychology discusses primary issues that matter in the law and that have a psychological component. The resulting multidisciplinary effort to address core legal questions demonstrates convincingly that the fields of law and psychology both need each other and mutually benefit from their association. This much needed overview thereby shows how systematic empirical research in different psychological fields can foster trust in law as well as trust in the modern science of law.' -- Kees van den Bos, Utrecht University, the NetherlandsTable of ContentsContents: Preface Introduction to Law and Psychology 1. Overview 2. Scientific evidence and experts 3. Lineups and eyewitnesses 4. Credibility assessment: lie detection, interrogation and confession 5. Prejudice, bias and discrimination 6. Criminal responsibility 7. Sentencing, punishment and rehabilitation 8. Risk assessment 9. Civil justice 10. Legal decision-makers: judges and juries 11. Freedom, consent and subjective harm 12. Conclusion References Index

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Book SynopsisThis innovative Research Handbook explores recent developments at the intersection of international law, sociology and social theory. In doing so, it highlights anew the potential contribution of sociological methods and theories to the study of international law, and illustrates their use in the examination of contemporary problems of practical interest to international lawyers.The diverse body of expert contributors discuss a wide range of methodologies and approaches - including those inspired by the giants of twentieth century social thought, as well as emergent strands such as computational linguistics, performance theory and economic sociology. With chapters exploring topical areas including the globalization of law, economic globalization, property rights, global governance, international legal counsel, social networks, and anthropology, the Research Handbook presents a number of paths for future research in international legal scholarship.Full of original insight, this interdisciplinary Research Handbook will be essential reading for academics and scholars in international law and sociology, as well as postgraduate students. Lawyers practicing in international law will also find this a stimulating read.Contributors include: W. Alschner, F.M. Bohnenberger, R. Buchanan, K. Byers, S. Cho, D. Desai, S. Dothan, J.L. Dunoff, S. Frerichs, B.G. Garth, M. Hirsch, R. James, C. Joerges, N. Lamp, A. Lang, M.R. Madsen, K. Mansveld, G. Messenger, M.A. Pollack, S. Puig, G.A. Sarfaty, D. Schneiderman, W.G. WernerTrade Review'Sociological approaches to international law have gained significant momentum in the course of the last decade. The contributions to this Research Handbook reflect the diversity of sociological theories and illustrate how they can enrich international legal scholarship. The Research Handbook is an excellent guide to the sociology of international law 'from Huber to post-structuralism.' --Christian J. Tams, University of Glasgow, UKChristian J. Tams, University of Glasgow, UK'This Research Handbook offers a timely sociological reading of the functioning of the international legal order, using diverse sociological approaches, spreading from the thought of Max Huber to post-structuralism. It offers a range of the best analyses on the topic and sets a new agenda for the field. Indeed a fascinating book.' --Hélène Ruiz Fabri, Max Planck Institute Luxembourg for Procedural Law, LuxembourgTable of ContentsContents: 1. Introduction to the Research Handbook on the Sociology of International Law Moshe Hirsch and Andrew Lang 2. Issues of Empire, Contestation, and Hierarchy in the Globalization of Law Bryant G. Garth 3. A conflicts-law response to the precarious legitimacy of transnational trade governance Fabian Bohnenberger and Christian Joerges 4. Correlated ownership: Polanyi, Commons, and the property continuum Sabine Frerichs and Rick James 5. Regulating Speed: Social Acceleration and International Law Wouter G. Werner 6. ‘What gets measured gets done’: exploring the social construction of globalized knowledge for development Ruth Buchanan, Kimberley Byers and Kristina Mansveld 7. International lawyers and the study of expertise: representationalism and performativity Andrew Lang 8. Ignorance/power: rule of law reform and the administrative law of global governance Deval Desai 9. Reflexive Sociology of International Law: Pierre Bourdieu and the Globalization of Law Mikael Rask Madsen 10. The practice of litigation at the ICJ: the role of counsel in the development of international law Gregory Messenger 11. International investment law as formally rational law: a Weberian analysis David Schneiderman 12. Practice theory and international law Jeffrey L. Dunoff and Mark A. Pollack 13. The ‘practice turn’ in international law: insights from the theory of structuration Nicolas Lamp 14. An Anthropological Approach to International Economic Law Galit A. Sarfaty 15. Network analysis and the sociology of international law Sergio Puig 16. Social networks and the enforcement of international law Shai Dothan 17. Locked in language: historical sociology and the path dependency of investment treaty design Wolfgang Alschner 18. Social constructivism and the social construction of world economic reality Sungjoon Cho 19. Core Sociological Theories and International Law Moshe Hirsch Index

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Book SynopsisThis authoritative collection brings together a careful selection of previously published articles that use economics to analyze the interaction of law, on the one hand, and social norms and nonlegal sanctions on the other. The articles cover a range of foundational questions. What are social norms and nonlegal sanctions? Do strong laws undermine social norms, thus weakening other valuable forms of social cooperation? Can laws be used to exploit existing social norms, so that the laws are more effective than they would be otherwise? The contributing authors use a variety of economic models and concepts to address these questions.Table of ContentsContents: Acknowledgements Introduction Eric A. Posner PART I GENERAL THEORIES 1. Robert Cooter (1997), ‘Normative Failure Theory of Law’ 2. Robert C. Ellickson (1986), ‘Of Coase and Cattle: Dispute Resolution Among Neighbors in Shasta County’ 3. Richard H. McAdams (1997), ‘The Origin, Development, and Regulation of Norms’ 4. Randal C. Picker (1997), ‘Simple Games in a Complex World: A Generative Approach to the Adoption of Norms’ 5. Eric A. Posner (1998), ‘Symbols, Signals, and Social Norms in Politics and the Law’ PART II NORMS AND EFFICIENCY 6. Paul G. Mahoney and Chris W. Sanchirico (2001), ‘Competing Norms and Social Evolution: Is the Fittest Norm Efficient?’ 7. Eric A. Posner (1996), ‘Law, Economics, and Inefficient Norms’ PART III BUSINESS CUSTOM 8. Lisa Bernstein (1992), ‘Opting Out of the Legal System: Extralegal Contractual Relations in the Diamond Industry’ 9. Richard A. Epstein (1992), ‘The Path to The T.J. Hooper: The Theory and History of Custom in the Law of Tort’ PART IV APPLICATIONS 10. George A. Akerlof (1980), ‘A Theory of Social Custom, of Which Unemployment May Be One Consequence’ 11. Robert Cooter and Ariel Porat (2001), ‘Should Courts Deduct Nonlegal Sanctions From Damages?’ 12. Dan M. Kahan and Eric A. Posner (1999), ‘Shaming White-collar Criminals: A Proposal for Reform of the Federal Sentencing Guidelines’ 13. Gertrud M. Fremling and Richard A. Posner (1999), ‘Status Signaling and the Law, With Particular Application to Sexual Harassment’ PART V EMPIRICAL AND HISTORICAL WORK 14. Uri Gneezy and Aldo Rustichini (2000), ‘A Fine is a Price’ 15. Avner Greif, Paul Milgrom and Barry R. Weingast (1994), ‘Coordination, Commitment, and Enforcement: The Case of the Merchant Guild’ 16. Paul R. Milgrom, Douglass C. North and Barry R. Weingast (1990), ‘The Role of Institutions in the Revival of Trade: The Law Merchant, Private Judges, and the Champagne Fairs’ Name Index

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Book SynopsisDuring the last two decades researchers in the field of experimental law and economics have made significant contributions to our knowledge of human behaviour and its interaction with legal and regulatory environments. This collection of previously published papers examines the use of laboratory experiments to test and develop these theories about how people behave, including their responses to legal rules.An important resource for judges, policymakers and scholars alike, the articles presented are drawn from diverse disciplines such as economics, law and psychology. The editors' comprehensive introduction provides expert analysis and insightful discussion of new directions in the field. Also included is an extended bibliography of additional articles to further aid readers' study.Trade Review‘Experimental analysis under controlled conditions provides a unique perspective on how people respond to legal rules and institutions. The Arlen–Talley volume is a superb collection of the seminal articles, assembled in a coherent way to help the reader understand and assess the potential of this body of research.’Table of ContentsContents: Acknowledgements Introduction Jennifer H. Arlen and Eric L. Talley PART I EXPERIMENTAL TEST OF THE COASE THEOREM 1. Elizabeth Hoffman and Matthew Spitzer (1982), ‘The Coase Theorem: Some Experimental Tests’ 2. Stewart Schwab (1988), ‘A Coasean Experiment on Contract Presumptions’ 3. Rachel Croson and Jason Scott Johnston (2000), ‘Experimental Results on Bargaining Under Alternative Property Rights Regimes’ PART II LOSS AVERSION: ENDOWMENT EFFECTS, FRAMING EFFECTS, STATUS QUO BIAS A Endowment Effects 4. Daniel Kahneman, Jack L. Knetsch and Richard H. Thaler (1990), ‘Experimental Tests of the Endowment Effect and the Coase Theorem’ 5. Jennifer Arlen, Matthew Spitzer and Eric Talley (2002), ‘Endowment Effects within Corporate Agency Relationships’ 6. Charles R. Plott and Kathryn Zeiler (2005), ‘The Willingness to Pay-Willingness to Accept Gap, the “Endowment Effect”, Subject Misconceptions, and Experimental Procedures for Eliciting Valuations’ B Framing Effects 7. Edward J. McCaffery, Daniel J. Kahneman and Matthew L. Spitzer (1995), ‘Framing the Jury: Cognitive Perspectives on Pain and Suffering Awards’ 8. Russell Korobkin and Chris Guthrie (1997), ‘Psychology, Economics, and Settlement: A New Look at the Role of the Lawyer’ PART III SETTLEMENT BEHAVIOUR, SELF-SERVING BIAS AND THE ROLE OF LAWYERS 9. Linda Babcock, George Loewenstein, Samuel Issacharoff and Colin Camerer (1995), ‘Biased Judgments of Fairness in Bargaining’ 10. George Loewenstein and Don A. Moore (2004), ‘When Ignorance is Bliss: Information Exchange and Inefficiency in Bargaining’ 11. Linda Babcock, George Loewenstein and Samuel Issacharoff (1998), ‘Creating Convergence: Debiasing Biased Litigants’ 12. Greg Pogarsky and Linda Babcock (2001), ‘Damage Caps, Motivated Anchoring, and Bargaining Impasse’ PART IV FAIRNESS, TRUST AND CROWDING OUT 13. Elizabeth Hoffman, Kevin McCabe, Keith Shachat and Vernon Smith (1994), ‘Preferences, Property Rights, and Anonymity in Bargaining Games’ 14. Elizabeth Hoffman, Kevin McCabe and Vernon L. Smith (1996), ‘Social Distance and Other-Regarding Behavior in Dictator Games’ 15. Robert H. Frank, Thomas Gilovich and Dennis T. Regan (1993), ‘Does Studying Economics Inhibit Cooperation?’ 16. Ernest Fehr, Alexander Klein and Klaus M. Schmidt (2007), ‘Fairness and Contract Design’ 17. Iris Bohnet, Bruno S. Frey and Steffen Huck (2001), ‘More Order with Less Law: On Contract Enforcement, Trust, and Crowding’ 18. Daylian M. Cain, George Loewenstein and Don A. Moore (2005), ‘The Dirt on Coming Clean: Perverse Effects of Disclosing Conflicts of Interest’ PART V REASONING ABOUT RISK AND LOSS A Legal Rules and Deterrence 19. Lewis Kornhauser and Andrew Schotter (1990), ‘An Experimental Study of Single-Actor Accidents’ 20. Uri Gneezy and Aldo Rustichini (2000), ‘A Fine Is a Price’ B Assessment of Risk by Judges and Juries 21. Kim A. Kamin and Jeffrey J. Rachlinski (1995),’ Ex Post ≠ Ex Ante: Determining Liability in Hindsight’ 22. Alison C. Smith and Edith Greene (2005), ‘Conduct and its Consequences: Attempts at Debiasing Jury Judgments’ 23. W. Kip Viscusi and Richard J. Zeckhauser (2004), ‘The Denominator Blindness Effect: Accident Frequencies and the Misjudgment of Recklessness’ C Impact of Decision Rules on Juries 24. Chris Guthrie, Jeffrey J. Rachlinski and Andrew J. Wistrich (2001), ‘Inside the Judicial Mind’ 25. David Schkade, Cass R. Sunstein and Daniel Kahneman (2000), ‘Deliberating About Dollars: The Severity Shift’ 26. Serena Guarnaschelli, Richard D. McKelvey and Thomas R. Palfrey (2000), ‘An Experimental Study of Jury Decision Rules’ Name Index

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Book SynopsisThis book sets out a panoramic view of law and society studies in South Korea, considering the factors that have made this post-colonial war-torn country economically and politically successful.The contributors examine societal and historical conditions that are reflected in - or that were shaped by - the law, through a variety of lenses; including law and development, law and politics, colonialism and gender, past wrongdoings, public interest lawyering, and judicial reform. In dismantling the historical specificity of the way in which Korea studies are universally framed the contributions provide novel views, theories and information about South Korean law and society.Incorporating various perspectives and methodologies, and demonstrating a finely crafted application of general theory to specific issues, this compendium will prove insightful to law scholars and researchers looking to widen their perspective and broaden their knowledge on law and society in Korea. Law practitioners whose practice requires knowledge of the Korean legal system will also find plenty of information in this authoritative book.Contributors include: K. Cho, D.-k. Choi, P. Goedde, S.S. Hong, D. Kim, J.-O. Kim, C. Lee, I. Lee, K.-W. Lee, H. Yang, S. YiTrade Review'As dynamic as legal change has been in South Korea, it has also been understudied, at least until the arrival of this wonderful collection of essays. The authors, who are all leading figures in the field, demonstrate convincingly that Korean experience is relevant to many of the contemporary questions in law and society studies. Every law and society scholar should read this book.' --Tom Ginsburg, University of ChicagoTable of ContentsContents: Preface PART I: HISTORY AND CULTURE 1. Law and Development: The Korean Experience Dai-kwon Choi 2. The Rule of Law and Forms of Power: Theorizing the Social Foundations of the Rule of Law in South Korea and East Asia Chulwoo Lee 3. Colonialism and Patriarchy: Where the Korean Family-head (Hoju) System had been Located Hyunah Yang PART II: THEORY AND METHODOLOGICAL QUESTIONS 4. Korean Perception(s) of Pyungdeung (Equality) Ilhyung Lee 5. The Normative Phenomenon of Public Sector in Korean Society Jeong-Oh Kim 6. The Legal Development in Korea: Juridification and Proceduralization Sangdon Yi and Sung Soo Hong PART III: CRITICAL ISSUES IN LAW AND SOCIETY IN KOREA 7. The Making of Public Interest Law in South Korea via the Institutional Discourses of Minbyeon, PSPD and Gonggam Patricia Goedde 8. Recent Reforms in the Legal Profession and Legal Education Dohyun Kim 9. The Constitutionalisation of the Representative System in Korea Kuk-Woon Lee 10. Transitional Justice in Korea: Legally Coping with Past Wrongs after Democratisation Kuk Cho Index

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Book SynopsisThis insightful collection of classic papers explores the effects of various legal institutions and policies on economic development. The editors include analysis of the historical, current, and future conditions of numerous legal traditions and strategies, both nationally and globally. The volume will enhance understanding of how legal policies influence economic growth. It will also contribute to the selection and advancement of those legal policies most likely to improve overall economic development and social welfare.This volume is an invaluable reference source for both scholars and practitioners interested or involved in the development of legal policy.Trade Review‘The study of the interaction between legal institutions and economic development is one of the most important research areas in economics and law. Professors Cooter and Parisi have produced a remarkable anthology. Their selection of articles and the way they have structured the literature form an original contribution in themselves. Even those who are already familiar with the literature will enjoy the refreshing perspective that is being offered by two of the leading scholars in the field.’ -- Gerrit De Geest, Washington University, St. Louis, USTable of ContentsContents: Acknowledgements Introduction Robert D. Cooter and Francesco Parisi PART I LAW, FINANCE AND ECONOMIC DEVELOPMENT 1. Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer and Robert W. Vishny (1998), ‘Law and Finance’ 2. Paul G. Mahoney (2001), ‘The Common Law and Economic Growth: Hayek Might be Right’ 3. Frank B. Cross (2002), ‘Law and Economic Growth’ 4. Edward L. Glaeser and Andrei Shleifer (2002), ‘Legal Origins’ 5. Bernard S. Black and Vikramaditya S. Khanna (2007), ‘Can Corporate Governance Reforms Increase Firm Market Values? Event Study Evidence from India’ PART II COMMON LAW AND LEGAL EVOLUTION 6. Mark J. Roe (1996), ‘Chaos and Evolution in Law and Economics’ 7. Y. Barzel (2000), ‘Dispute and its Resolution: Delineating the Economic Role of the Common Law 8. Vincy Fon and Francesco Parisi (2003), ‘Litigation and the Evolution of Legal Remedies: A Dynamic Model’ 9. Keith N. Hylton (2006), ‘Information, Litigation, and Common Law Evolution’ PART III PUBLIC CHOICE AND PUBLIC LAW 10. Frank H. Easterbrook (1983), ‘Statutes’ Domains’ 11. McNollgast (1994), ‘Legislative Intent: The Use of Positive Political Theory in Statutory Interpretation’ 12. Robert Cooter (2002), ‘Constitutional Consequentialism: Bargain Democracy versus Median Democracy’ 13. Francesco Parisi (2003), ‘Political Coase Theorem’ 14. Alan Schwartz and Robert E. Scott (1995), ‘The Political Economy of Private Legislatures’ 15. Tom Ginsberg (2002), ‘Ways of Criticizing Public Choice: The Uses of Empiricism and Theory in Legal Scholarship’ PART IV FEDERALISM AND CHOICE OF LAW 16. Andrew T. Guzman (2002), ‘Choice of Law: New Foundations’ 17. Robert P. Inman and Daniel L. Rubinfeld (1997), ‘Rethinking Federalism’ 18. Lucian Arye Bebchuk (1992), ‘Federalism and the Corporation: The Desirable Limits on State Competition in Corporate Law’ 19. Roberta Romano (2006), ‘The States as a Laboratory: Legal Innovation and State Competition for Corporate Charters’ 20. Michael J. Trebilcock (2003), ‘The Law and Economics of Immigration Policy’ Name Index

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