Systems of law Books
The University of Michigan Press What Women Want
Book SynopsisAnalyses decades of voting preferences, values, and policy preferences to debunk some of the myths about gender gaps in voting and policy preferences. Steel extends existing theories to create a broader framework for thinking about gender and voting behaviour to provide more analytical purchase in understanding gender and voters’ preferences.Trade Review“This book is choc-full of great data and represents a timely contribution to political science. Steel’s voice is hip, and especially well-suited for the newcomer to politics seeking a solid introduction to the intersection of gender and electoral politics across three distinct democracies. Experts alike will benefit from Steel’s comparative analysis.”- Dyron Dabney, Earlham College“This well-researched, well-written book draws on an impressive variety of evidence to make an important contribution to our understanding of the ‘gender gap’ in voting. This book has much to teach readers about the relationship between gender and forces like class, symbolic politics, the media, and political campaigns.”- Michael Strausz, Texas Christian UniversityTable of Contents Tables and Figures Abbreviations Acknowledgements Does Gender Matter in Voting? Identifying Voter Patterns: Do Women and Men Vote Differently? Women, Men and Party Choice What Women (and Men) Want: Policy Preferences, Values, and Issue Voting Desperately Seeking the Supervoter: Why Do People Vote the Way They Do? What Women Get: ‘Wooing Women’ Conclusion Appendices A. Coding and Survey Question Wording B. Analyses of U.S. Women’s and Men’s Voting Preferences: Regression Results C. Analyses of British Women’s and Men’s Voting Preferences: Regression Results D. Analyses of Japanese Women’s and Men’s Voting Preferences: Regression Results Index
£61.70
LUP - University of Michigan Press Opposing Power
£65.50
University of California Press Habermas on Law and Democracy Critical Exchanges
Book SynopsisDrawing upon his discourse theory, Jurgen Habermas has elaborated an account of law that purports to bridge the gap between democracy and rights, by conceiving law to be at once self-imposed and binding. His proceduralist paradigm of law and further explorations by others are included.
£49.30
Cambridge University Press The Moral World of the Law
Book SynopsisThe dominant and deceptively simple theme of this book is the relationship between the moral environment of the courtroom and that of the society in which the court is situated. Like previous Past and Present edited volumes, the volume ranges widely across time and space, from ancient Greece to twentieth-century Africa.Table of ContentsList of contributors; Preface; 1. Introduction Peter Coss; 2. The language of law in classical Athens S. C. Todd; 3. The autonomy of Roman law Andrew D. E. Lewis; 4. Local participation and legal ritual in early medieval law courts Wendy Davies; 5. Due process versus the maintenance of order in European law: the contribution of the ius commune Paul Hyams; 6. Inside the courtroom: lawyers, litigants and justices in England in the later middle ages Paul Brand; 7. 'Nemo mortalis cognitus vivit in evo': moral and legal conflicts in a Florentine inheritance case of 1442 Thomas Kuehn; 8. Law, litigants and the construction of 'honour': slander suits in early modern England Martin Ingram; 9. Story-telling and the social imagery of religious conflict in nineteenth-century French law courts Caroline Ford; 10. 'Their idea of justice is so peculiar': Southern Rhodesia 1890–1910 Diana Jeater; 11. Kenyatta's trials: breaking and making an African nationalist John Lonsdale; 12. Conclusion Chris Wickham; Index.
£85.50
John Wiley and Sons Ltd SocioLegal Studies in Context
Book SynopsisSocio-Legal Studies in Context is the first attempt to take stock of the development of socio-legal studies in the United Kingdom. With an increasing awareness amongst legal scholars of the need for socio-legal research, this volume is essential reading for all teachers of law and law related subjects. It will provide rich ideas for young researchers wishing to involve themselves in the socio-legal approach. The volume also provides an opportunity for more experienced researchers to look back and re-assess their own work and help them form their own plans for the future.Table of Contents1. Introduction: Denis J. Galligan (Oxford Centre for Socio-Legal Studies). 2. Sociology and the Stereotype of the Police: Paul Rock (London School of Economics). 3. A Critical Survey of Law and Economics in the UK and the role of the Oxford Centre: Anthony Ogus (University of Manchester). 4. Remembering 1972: The Oxford Centre in the Context of Developments in Higher Education and the Disciplines of Law: William Twining (University College London). 5. Horatio's Mistake: Maureen Cain (West Indies). 6. The Challenges of Socio-Legal Research: Shari Diamond. 7. Global Approaches in the Sociology of Law: Volkmar Gessner (Bremen). 8. On Old and New Battles: Obstacles to the Role of Law in Eastern Europe: Andras Sajo (Central European University). 9. Being Social in Socio-Legal Studies: Peter Fitzpatrick (University of Kent). 10. Contested Communities: Richard Abel (UCLA). 11. The Future of Socio-Legal Research with Respect to Environmental Problems: Michael Faure (Limburg). 12. Geoffrey Stephenson (University of Kent). 13. What Socio-Legal Scholars should do when there is too much Law to Study: Robert Kagan (Berkeley). 14. The Last Word: Stewart Macauley (Wisconsin-Madison). Bibliography. Index.
£19.71
Penguin Random House India Great Repression
Book Synopsis
£14.95
Princeton University Press Breaking the Cycles of Hatred
Book SynopsisRepresents a blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. This work features topics that include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and more.Trade Review"For policy-makers responsible for reconstructing Iraq or seeking to follow a road map to peace in the Middle East as well as for lay people who care about international relations, this book offers needed reflection on the conditions necessary for resolution of intense and long-standing conflicts... Through a unique blend of legal and political theory and a fascinating variety of insights and connections, the authors of Breaking the Cycles of Hatred have produced a highly commendable set of essays that provide a thoughtful perspective for the events of our day. They merit reading and re-reading."--Annette Johnson, The New York Law JournalTable of ContentsAcknowledgments vii Introduction: Memory, Law, and Repair by NANCY L. ROSENBLUM 1 1. Breaking the Cycles of Hatred 14 Memory and Hate: Are There Lessons from Around the World? 14 Regulating Hatred: Whose Speech, Whose Crimes, Whose Power? 31 Between Nations and Between Intimates: Can Law Stop the Violence? 56 by MARTHA MINOW 2. Justice and the Experience of Injustice by NANCY L. ROSENBLUM 77 3. Righting Old Wrongs by MARC GALANTER 107 4. Reluctant Redress: The U.S. Kidnapping and Internment of Japanese Latin Americans by ERIC K. YAMAMOTO 132 5. Memory, Hate, and the Criminalization of Bias-Motivated Violence: Lessons from Great Britain by FREDERICK M. LAWRENCE 140 6. Collective Memory, Collective Action, and Black Activism in the 1960s by FREDRICK C. HARRIS 154 7. Beyond Memory: Child Sexual Abuse and the Statute of Limitations by ROSS E. CHEIT AND CAREY JAROS 170 8. Peace on Earth Begins at Home: Reflections from the Women's Liberation Movement by JUDITH LEWIS HERMAN 188 9. The Thin Line between Imposition and Consent: A Critique of Birthright Membership Regimes and Their Implications by AYELET SHACHAR 200 10. When Memory Speaks: Remembrance and Revenge in Unforgiven by AUSTIN SARAT 236 11. Power, Violence, and Legitimacy: A Reading of Hannah Arendt in an Age of Police Brutality and Humanitarian Intervention by IRIS MARION YOUNG 260 Notes on Contributors 289 Index 291
£31.50
John Wiley and Sons Ltd Between Facts and Norms
Book Synopsisaeo This is Habermasa s long--awaited work on law and democracy. aeo It develops a distinctive account of the nature of law and an original concept of democracy. aeo As one of Habermasa s most important works, it will be recognized as a major contribution to current debates in social theory, political theory, and philosophy.Trade Review'Rich, important ... proceeding through the magisterial scrutiny of theoretical approaches in law, sociology, philosophy and politics, it offers plenty for students of these disciplines to chew on.' Times Higher Education Supplement 'A significant development of his theory ... Rehg's translation of Between Facts and Norms is clear and precise and his Introduction helpful.' British Journal of Sociology 'In Between Facts and Norms, Habermas offers an inspiring and intellectually stimulating diagnosis of the predicament of modern law ... his contribution will undoubtedly have a lasting influence on this crucially important debate.' Democratization 'For at least a generation Jurgen Habermas's work has made a significant impact on a variety of important debates in philosophy and the social sciences. Between Facts and Norms ... brings together many of Habermas's earlier concerns and weaves them into a comprehensive and brilliant critical theory of actually existing democracy. From the perspective of the discipline of politics this is undoubtedly Habermas's most important work. Of course, Habermas's work is dense, challenging and incredibly broad in its range. It is also controversial, and this work will certainly not win over his most trenchant critics. None of this amounts to a valid excuse to ignore it. This book really is essential reading for anyone who is interested in exploring at depth the possibilities of realizing a genuinely democratic future.' Political Studies 'Such a scholarly intensity deserves to be read at first hand.' Sociology, Ian Roberts, Univerisity of Durham 'Eleven Years after his monumental Theory of Communicative Action (1981), Jürgen Habermas has again presented an opus magnum.' Otfried Höffe, Universität Tübingen, Mind Jürgen Habermas has been awarded the prestigious 'Friedenspreis des deutschen Buchhandels' prize for 2001Table of ContentsTranslator's Introduction. Preface. 1. Law as a Category of Social Mediation between Facts and Norms. 2. The Sociology of Law versus the Philosophy of Justice. 3. A Reconstructive Approach to Law I: The System of Rights. 4. A Reconstructive Approach to Law II: The Principles of the Constitutional State. 5. The Indeterminacy of Law and the Rationality of Adjudication. 6. Judiciary and Legislature: On the Role and Legitimacy of Constitutional Adjudication. 7. Deliberative Politics: A Procedural Concept of Democracy. 8. Civil Society and the Political Public Sphere. 9. Paradigms of Law. Postscript (1994). Appendices. Notes. Bibliography. Index.
£18.99
Edinburgh University Press Law Making and the Scottish Parliament
Book SynopsisA study of legislative developments in areas of law and policy devolved to the Scottish Parliament.
£27.54
University of British Columbia Press People and Place
Book SynopsisPeople and Place presents a path-breaking collection ofessays demonstrating the fascinating ways in which personalitiesinteract with physical locale in shaping the law. Examining law throughthe framework of history, this anthology presents a mixture ofinnovative articles produced by established scholars as well asrepresentatives of the next generation.The collection represents a rich array of interdisciplinaryexpertise, with authors who are law professors, historians,sociologists and criminologists. Their essays include studies into thelives of judges and lawyers, rape victims, prostitutes, religious sectleaders, and common criminals. The geographic scope touches Canada, theUnited States and Australia. The essays explore how one individual, orsmall self-identified groups, were able to make a difference in how lawwas understoodTable of ContentsPrologue: Louis Knafla and Canadian Legal History / JonathanSwainger 1) Introduction / Jonathan Swainger and ConstanceBackhouse 2) The King, the People, the Law ... and the Constitution: JusticeRobert Thorpe and the Roots of Irish Whig Ideology in Early UpperCanada / John McLaren 3) William Augustus Miles (1796-1851): Crime, Policing, and MoralEntrepreneurship in England and Australia / David Philips 4) Macleod at Law: A Judicial Biography of James FarquharsonMacleod, 1874-94 / Roderick G. Martin 5) "Don’t You Bully Me ... Justice I Want If There IsJustice To Be Had": The Rape of Mary Ann Burton, London, Ontario1907 / Constance Backhouse 6) Murdered Women and Mythic Villains: The Criminal Case and theImaginary Criminal in the Canadian West, 1886-1930 / LesleyErickson 7) Boomtown Brothels in the Kootenays, 1895-1905 / Charleen P.Smith 8) "Imagine That! A Lady Going to an Office!": JanetKathleen Gilley / Joan Brockman and Dorothy E. Chunn 9) Incarcerating Holiness: Religious Enthusiasm and the Law inOregon, 1904 / Jim Phillips, Kelly Deluca, and RosemaryGartner 10) Police Culture in British Columbia and "Ordinary Duty"in the Peace River Country, 1910-39 / Jonathan Swainger Contributors Index
£73.95
Nature as Reason A Thomistic Theory of the
Book Synopsis
£29.69
LSU Press Human Rights Fact Or Fancy
Book SynopsisIn his provocative and highly readable study, Human Rights: Fact or Fancy?, Henry B. Veatch finds the basis for human rights in natural law. He builds his argument step by step, carefully laying the foundation for his central assertion that our basic rights are discoverable directly in the facts of nature.
£17.95
The Catholic University of America Press Traditions of Natural Law in Medieval Philosophy
Book SynopsisBrings together contributions from various expert scholars to explore the pluralism that exists within medieval reflection on natural law. The book is the first to study the relation between the natural law theories of these various traditions of medieval philosophy: Jewish, Islamic, Byzantine, and Latin.
£60.00
MP-SYR Syracuse University P Making Peace with Referendums
Book SynopsisReferendums have become an undeniably important, and perhaps inescapable, peacemaking tool. As such, understanding the ways in which referendum outcomes are shaped by peace negotiations is vital. Drawing on two case studies, Amaral presents a rich comparative analysis of the Annan Plan in Cyprus and the Good Friday Agreement in Northern Ireland.
£16.10
Hoover Institution Press,U.S. Conserving Liberty Hoover Institution Press
Book SynopsisProvides a defense of the principles of American conservatism, clarifying many of the narrow or mistaken views that have arisen from both its friends and its foes. Mark Blitz asserts that individual liberty is the most powerful, reliable, and true standpoint from which to clarify and secure conservatism - but that individual freedom alone cannot produce happiness.Table of Contents Foreword by John Raisian Preface Introduction: The Importance of Conservatism Chapter One: Conserving Natural Rights Chapter Two: Conserving Virtue Chapter Three: Conserving Excellence Chapter Four: Conserving Self-Government Notes Bibliography About the Author About the Hoover Institution's Boyd and Jill Smith Task Force on Virtues of a Free Society Index
£18.95
Hoover Institution Press,U.S. Liberty and Equality Studiopaperback
Book SynopsisTakes an unflinching look at the difficult, often emotional issues that arise when egalitarianism collies with individual liberties, ultimately showing why the kind of egalitarianism preached by socialists and other sentimentalists is not an option in a free society.
£14.95
Liberty Fund Inc Law Economics
Book Synopsis
£17.95
Cornell University Press Rule of Law
Book Synopsis"Rule of law" - the idea that the law is the nation's sovereign authority - has served as a cornerstone for constitutional theory and the jurisprudence of liberty. John Phillip Reid traces the concept's progress through a series of landmark events in Great Britain and North America.Trade Review"Those acquiring this volume will catch a tantalizing glimpse of the power of Reid's exposition of the English common law... recommended to anyone who really cares about the law."—Stephen B. Presser, Law and History Review "Reid has returned to the field in which he made his reputation and delivered a real gem of a work.... Rule of Law illuminates key developments of the foundational legal idea."—Martin S. Flaherty, Fordham University Law School "This is the sort of work we have come to expect and admire from John Phillip Reid. It is a richly sourced comparative study of a fundamental concept-rule of law-that has dozens of applications in today's world." -James Oldham, Georgetown UniversityTable of ContentsTable of Contents 1. Rule's Law 2. Law's Bridle 3. Rule's Inverse 4. Law's Hedge 5. Rule's Bridling 6. Law's Umpire 7. Rule's Determinancy Conclusion Notes Short Titles Index
£27.20
Boydell & Brewer Ltd Petitions to the Crown from English Religious
Book SynopsisPetitions are vital sources for our knowledge of life in the middle ages. A selection is presented here with English summaries, notes, and introduction.Through the petitions which they addressed to the crown the people of medieval England speak to us directly: the human interest stories they reveal are perhaps the nearest thing to local newspapers which the middle ages have leftus. Petitions were the subject's last resort when normal channels of law and government had failed, and offered kings the opportunity to exercise qualities of generosity, compassion, and sound judgment. However, despite their importance, they have not hitherto been recognized as a source for ecclesiastical history, a gap which this volume rectifies. A selection of over 200 cases shows the religious of medieval England taking full advantage of this mechanism, petitioning as landowners, neighbours, citizens, individuals, and religious orders. The subjects covered range from requests for tax rebates, and complaints about royal officials, to disputes with tenants, with townsmen, monastic rivals, and ecclesiastical superiors. National politics and international warfare are also represented, as are coastal erosion, and higher education. English summaries, explanatory notes and an extensive introduction enhance the reader's appreciation of this rich and remarkable resource. Dr Gwilym Dodd is Lecturer in History at the University of Nottingham, where Dr Alison K. McHardy also taught until her retirement.Trade ReviewThis is an interesting set of documents deserving of greater attention, which this volume will no doubt engender. * ENGLISH HISTORICAL REVIEW *Table of ContentsIntroduction Editorial Method Part One. Routine Cases Part Two. Royal Intercession: The Obligation of the Crown Part Three. Royal Intercession: Matters Requiring the King's Grace Part Four. Royal Intercession: Petitions Involving Third Parties Part Five. Petitions from Corporate Religious Identities Part Six. Petitions against Abbots and Priors
£23.75
Economic Justice Media Freedom Under God
£17.68
Taylor & Francis The Routledge Handbook of African Law
Book SynopsisThe Routledge Handbook of African Law provides a comprehensive, critical overview of the contemporary legal terrain in Africa. The international team of expert contributors adopt an analytical and comparative approach so that readers can see the nexus between different jurisdictions and different legal traditions across the continent.The volume is divided into five parts covering: Legal Pluralism and African Legal Systems The State, Institutions, Constitutionalism, and Democratic Governance Economic Development, Technology, Trade, and Investment Human Rights, Gender-Based Violence, and Access to Justice International Law, Institutions, and International Criminal Law Providing important insights into both the specific contexts of African legal systems and the ways in which these legal traditions intersect with the wider world, this handbook will be an essential reTable of ContentsIntroduction PART ONE: LEGAL PLURALISM AND AFRICAN LEGAL SYSTEMS Chapter 1: Legal Pluralism in Africa: Three Levels and Seven Types of Law, Raymond A. Atuguba Chapter 2: Customary Marriages and the South African Constitution: The Recent Developments, Sipho Nkosi Chapter 3: Gods at War: Religion and Law-Making, Roseline K. Njogu Chapter 4: Pluralism and the Tenor of Bankruptcy Legislation in West African Societies, Samuel Boadi Adarkwah Chapter 5: Common Law in Kenya, Duncan M. Okubasu Chapter 6: The Evolution of Property Rights to Land in Postcolonial Buganda, Olive Sabiiti PART TWO: THE STATE, INSTITUTIONS, CONSTITUTIONALISM, AND DEMOCRATIC GOVERNANCE Chapter 7: One Nation, Multiple Identities: Ethnicity, Inclusivity, and Constitution- Making, Muna Ndulo Chapter 8: Democratic Transitions in Africa: The Issue of Civil Resistance and Unconstitutional Change of Government, Lydia A. Nkansah Chapter 9: Freedom of Expression in Zambia Revisited, Sangwani Patrick Ng’ambi Chapter 10: Mapping the Legal Contours of Presidential Electoral Law in Kenya: A Case Review of Raila Odinga v. Independent Electoral and Boundaries Commission Presidential Election 1 of 2017 , Luis Franceschi and Emmah Wabuke Chapter 11: The Unconstitutional Change of Government Normative Framework in Africa: Do Elections Matter?, O’Brien Kaaba Chapter 12: Commissions of Inquiry and the Quest for a Greater Accountability in Health Care Delivery in Africa: A Ghanaian Perspective, Ernest Owusu-Dapaa Chapter 13: The Effectiveness and Predictability of Social Security Law: Constitutional Perspectives from the Republic of South Africa, Letlhokwa George Mpedi Chapter 14: Rule of Law with African Characteristics, Salvatore Mancuso PART THREE: ECONOMIC DEVELOPMENT, TECHNOLOGY, TRADE, AND INVESTMENT Chapter 15: Law and the Regulation of New Technologies in Africa, Olufunmilayo B. Arewa and Ayodeji O. Fakolade Chapter 16: The East African Community’s Used Clothing Policy and International Trade Law, Chantal Thomas Chapter 17: Technology, Legal Information, and Access to Justice in Africa, Femi Cadmus Chapter 18: Show Me the Money: Evaluating the Significance of Traditional Knowledge and Cultural Expressions in the Context of Foreign Direct Investment Outflows, Anthony C. K. Kakooza Chapter 19: Labor Law, Labor Market Regulation, and Social Protection in Sub-Saharan Africa: Emerging Trends in Comparative Perspective, Chanda Chungu and Evance Kalula Chapter 20: The Pan-African Investment Code and Its Impact on Investments and Resource Extraction in Africa, Dunia P. Zongwe PART FOUR: HUMAN RIGHTS, GENDER-BASED VIOLENCE, AND ACCESS TO JUSTICE Chapter 21: The ECOWAS Citizen in a Dilemma: The Role of the ECOWAS Court of Justice in the Promotion of Human Rights in West Africa, George Asare-Afriyie Chapter 22: When Criminal Law is Not Enough: Toward a Holistic Approach to Gender-Based Violence Prevention and Response in Zambia and Beyond, Elizabeth Brundige and Tinenenji Banda Chapter 23: African Law and the Rights of Sexual Minorities: Western Universalism and African Resistance, Nicholas Kahn-Fogel Chapter 24: Developing Effective Money-Laundering Laws in Africa: Dealing with Corrupt, Politically Exposed Persons, John Hatchard Chapter 25: Citizenship, Rights, and Political Subjectivity in Eritrea, Kibron Teweldebirhan and Luwam Dirar PART FIVE: INTERNATIONAL LAW, INSTITUTIONS, AND INTERNATIONAL CRIMINAL LAW Chapter 26: Addressing Serious Crimes of Global Concern in Africa: Dribbling Around the Problem, Chris Maina Peter Chapter 27: South Africa’s Contribution to the International Criminal Justice, Ntombizozuko Dyani-Mhango Chapter 28: Stateless and Rightless? An Appraisal of Standards and Practices on Prevention of Statelessness and Protection of Stateless Persons in Africa, Juliana Masabo Chapter 29: Abducted, Inducted, and Indicted: The Case of Dominic Ongwen in the International Criminal Court, Simeon P. Sungi and George R. Kakoti Chapter 30: From Brussels to Addis Ababa: A Contextual and Comparative Analysis of Access to Justice Under African Private International Law in Africa, Pontian Okoli Chapter 31: An Assessment of the Right of Individuals to Access the Southern African Development Community Tribunal, Onkemetse Tshosa Chapter 32: Beyond Formalism and uti possidetis: The International Court of Justice and Boundary Disputes in Africa, Cosmas Emeziem
£41.79
Taylor & Francis Ltd Routledge Handbook of Law and Theory
Book SynopsisThis handbook sets out an innovative approach to the theory of law, reconceptualising it in a material, embodied, socially contextualised and politically radical way. The book consists of original contributions authored by prominent academics, all of whom provide a valuable overview of legal theory as a discipline.The book contains five sections: Spatiotemporal Sense Body Text MatterThrough this structure, the handbook brings the law into active discussion with other disciplines, as well as supra-disciplinary debates on the areas of spatiality, temporality, materiality, corporeality and sensorial studies, capturing the most exciting developments in current legal theory, and anticipating future research in the area.The handbook is essential reading for scholars and students of jurisprudence, sociologTable of ContentsRESEARCH HANDBOOK ON LAW AND THEORYAndreas Philippopoulos-Mihalopoulos (ed.)TABLE OF CONTENTS INTRODUCTIONAndreas Philippopoulos-Mihalopoulos The and of Law and TheoryPART ONE: SPATIOTEMPORAL1. Luis Eslava Dense Struggle: On Ghosts, Law, and the Global Order 2. Chris Butler Spatial abstraction, legal violence and the promise of appropriation3. Sarah Keenan A prison around your ankle and a border in every street: Theorising law, space and the subject4. Emily Grabham Praxiographies' of Time: Law, Temporalities, and Material Worlds5. Lucy Finchett-Maddock Continua of (In)Justice6. Olivia Barr Movement An Homage to Legal Drips, Wobbles & Perpetual MotionPART TWO: SENSE7. Andrea Pavoni Disenchanting senses: Law and the taste of the real8. Nicola Masciandario Synaesthesia: The Mystical Sense of Law9. Dragan Milovanovich Touching You, Touching Me In Law and Justice: Toward a Quantum Holographic Process-Informational Understanding10. Illan rua Wall Turbulent legality: Sovereignty, Security and the PolicePART THREE: BODY11. Elena Loizidou Sequences on Law and the Body12. Laurent de Sutter On Resisting Bodies13. Renisa Mawani Insect Wars: Bees, Bedbugs, and Biopolitics14. Anna Grear Anthropocene "Time"? A reflection on temporalities in the ‘New Age of the Human’15. Yoriko Otomo Making Lawful AnimalsPART FOUR: TEXT16. Honni van Rijswijk Law’s Aggressive Realism and Feminist Genres of Violence and Harm17. Maria Aristodemou From Decaffeinated Democracy to Democracy in the Real in Ten (Lacanian) Sessions18. Christopher Tomlins Why Law’s Objects Do Not Disappear: On History as Remainder19. James Martel Must the law be a liar? Walter Benjamin on the possibility of an anarchist form of law20. Alain Pottage Literary MaterialityPART FIVE: MATTER21. Emilie Cloatre and David Cowan Legalities and Materialities22. Hyo Yoon Kang Law’s Materiality: Between Concrete Matters and Abstract Forms, or how Matter Becomes Material23. Andreas Philippopoulos-Mihalopoulos To Have to Do with the Law: An Essay24. Anne Bottomley and Nathan Moore On new model jurisprudence: the scholar/critic as (cosmic) artisan.INDEX
£41.79
Taylor & Francis Ltd Cryptocurrencies and the Regulatory Challenge
Book SynopsisAs a social process that places great stock in its stability and predictability, law does not deal easily or well with change. In a modern world that is in a constant and rapid state of flux, law is being placed under considerable stress in its efforts to fulfill its task as a primary regulator of social and economic behaviour. This challenge is particularly acute in the realm of technology and its profound ramifications for social and economic behaviour. The innovative Techno-Age not only offers fresh ways of handling old problems, but also throws up entirely new problems; traditional ways of thinking about and responding to these old and new problems and their optimal resolution are no longer as tenable as many once thought. One such example is the burgeoning world of cryptocurrencies this peer-to-peer digital network presents a profound challenge to the status quo of the financial services sector, to the established modes of state-backed fiat currency, and to the regulatory authTable of Contents LAW’S REGULATORY VALUE AND VIRTUE: AN INTRODUCTION TO THE CRYPTO-WORLD INTO THE CRYPTO WORLD: PROBLEMATICS, PITFALLS AND PROSPECTS OF PIGEONS, PROPERTY AND VIRTUALITIES: A TAXONOMIC TEASER CURRENCY, COMMODITIES AND SECURITIES: SQUARE PEGS AND ROUND HOLES A SELF-REGULATED WORLD: A POLITICAL EXERCISE THE REGULATORY CHALLENGE: TOWARDS A COLLABORATIVE APPROACH TAKING REGULATION SERIOUSLY: A CRYPTO REGIME OF ITS OWN AN EFFORT AT CRYPTO-REGULATION: GETTING SMARTER GETTING WITH THE PROGRAM: GOVERNANCE AND RESPONSIBILITY PAYING THE PRICE: SOME CONCLUDING THOUGHTS
£43.69
Taylor & Francis Ltd The Law of Global Digitality
Book SynopsisThe Internet is not an unchartered territory. On the Internet, norms matter. They interact, regulate, are contested and legitimated by multiple actors. But are they diverse and unstructured, or are they part of a recognizable order? And if the latter, what does this order look like?This collected volume explores these key questions while providing new perspectives on the role of law in times of digitality. The book compares six different areas of law that have been particularly exposed to global digitality, namely laws regulating consumer contracts, data protection, the media, financial markets, criminal activity and intellectual property law. By comparing how these very different areas of law have evolved with regard to cross-border online situations, the book considers whether cyberlaw is little more than the law of the horse, or whether the law of global digitality is indeed special and, if so, what its characteristics across various areas of law are. The book brings togetTable of ContentsList of Contributors Introduction: The Law of Global Digitality ALEXANDER PEUKERT AND MATTHIAS C. KETTEMANN 1 Context, Subject Matter and Aim of This Book 2 Chapter Overview2.1 Intellectual Property Law 2.2 Data Protection/Privacy2.3 Consumer Contract Law 2.4 Media Law 2.5 Financial Regulation and Criminal Law PART I Intellectual Property 1 Towards a Legal Methodology of Digitalisation: The Example of Digital Copyright Law THOMAS RIIS AND JENS SCHOVSBO 1 Introduction 1.1 Characteristics of Copyright Law 2 Digitalisation in Action 2.1 Legislating Digitalisation 2.1.1 New Subject-Matter: Sui Generis Regulation or Adaptation of Existing Rules? 2.1.2 Designing Flexibility 2.1.3 Assessment 2.2 Adjudicating Digitalisation 2.2.1 Online Exhaustion 2.2.2 Linking 2.3 Summing Up 3 Methodological Shifts in Legal Digitalisation 3.1 The Shift From Substantive Law to Procedural Law 3.2 The Shift Towards Globalisation 3.3 The Shift Towards Horizontally Based Law 3.4 The Shift From State-Enacted Law to Contract and Code 4 Final Remarks 2 Transnational Intellectual Property Governance on the Internet ALEXANDER PEUKERT1 Introduction 2 IPR Enforcement 2.1 Takedown Orders of Courts: De Iure and de Facto Effects2.2 Intermediaries’ Enforcement Measures 2.2.1 The Central Role of Intermediaries2.2.2 Intermediaries’ Enforcement Measures and Their Transnational Effect 2.2.2.1 Domain Name Registrars 2.2.2.2 Access Providers 2.2.2.3 Host Providers and Search Engines 2.2.2.4 Follow the Money: Advertising and Payment Services 2.2.3 Summary 3 Licensing IPRs 4 Conclusion PART II Data Protection/Privacy 3 The More the Merrier: A Dynamic Approach Learning From Prior Misgovernance in EU Data Protection Law INDRA SPIECKER GEN. DÖHMANN1 Introduction 2 The Historical Approach to Data Protection Law—An Overview 2.1 Goals 2.2 Instruments3 Reaction of Today’s Data Protection Law to the Challenges of Global Digitality 3.1 Core Regulatory Goals 3.1.1 Data Protection as a Safeguard of Democracy 3.1.2 Power Asymmetry 3.1.3 GDPR as Unifier 3.2 Core Regulatory Instrumental Approach 3.2.1 Precautionary Principle Versus Risk-Based Approach and the Concept of Technological Neutrality 3.2.2 Data Protection Law as Consumer Protection and Fair Competition Law 3.3 Content Regulation 3.3.1 Enforcement Deficit 3.3.2 Territorial Scope 3.3.3 Enforcement of the Enforcement 3.3.4 Internet Regulation 4 Conclusion and Outlook 4 Giving the Invisible Hand a Relatively Free Hand: Data Privacy in the US and the Unfortunate, but Lawful, Commodification of the Person RONALD J. KROTOSZYNSKI, JR.1 Introduction: The Myriad Cultural and Legal Difficulties of Safeguarding Informational Self-Determination Against Non-Government Actors in the US 2 The First Amendment Will Make Comprehensive Personal Data Protection Laws Difficult to Enact and Enforce 13 The Patchwork Quilt of Federal Statutory Privacy Protections and the First Amendment 4 Constitutional Data Privacy Rights, the State Action Doctrine, and the Scope of Constitutional Rights in the US 5 Why Does the US Lack Strong, General Personal Data Protections Against Non-Governmental Entities?6 Global Digitality, Personal Data Protection, and "The Law of the Horse" 7 Conclusion PART IIIConsumer Contract Law 5 The Challenge of Globalized Online Commerce for U.S. Contract and Consumer Law CHRISTOPHER G. BRADLEY1 Introduction 2 A Ragged Patchwork of Consumer Protection Laws, Regulations, and Institutions 3 The Limits of Technological Approaches to Consumer Protection 4 Not Ready to Restate: A Rejected Consumer Contracting "Bargain" 5 Marshaling Doctrinal, Regulatory, and Technological Protections for Consumers in the Digital Age 6 Conclusion 6 Paradigms of EU Consumer Law in the Digital Age FELIX MAULTZSCH1 Introduction 2 The Market-Centred Approach to Contract Law 3 International Jurisdiction and Conflict of Laws: Connecting Factors 4 Extra-Territorial Application of EU Consumer Law 5 Trends in Substantive EU Sales Law 6 Alternative Means of Dispute Resolution and Enforcement of Consumer Rights 7 Private Governance by Contract and Technology 8 Conclusions PART IVMedia Law 7 Law of Digitality: Media Law—U.S. Perspectives ELLEN P. GOODMAN1 Digital Platform Disclosure Obligations for Political and Commercial Advertising 2 Digital Platform Disclosure Obligations for Deep Fakes and Bots 3 Government Access Obligations Under the First Amendment’s Public Forum Doctrine 4 Digital Platforms’ Exposure to Liability as Publishers and Distributors 4.1 Judicial Interpretations of Section 230 4.1.1 Herrick v. Grindr LLC 4.1.2 Force v. Facebook, Inc. 4.2 Territorial Question 5 Intermediary Liability Reform Proposals 5.1 Ex Post Duty of Care5.2 Creating Genre-Based Statutory Limitations 5.3 Creating Narrow Content-Based Carve-Outs 5.4 Expanding the Definition of Content "Development"5.5 "Political Neutrality" Mandates 5.6 Section 230 as Regulatory Leverage 5.7 Requiring User-Identification Procedures 5.8 Knowledge-Based Standard 6 U.S. Initiatives to Counter Disinformation 8 European Media Law in Times of Digitality STEPHAN DREYER, MATTHIAS C. KETTEMANN, WOLFGANG SCHULZ AND THERESA JOSEPHINE SEIPP1 Introduction 2 The European Communication Order in Digitality 2.1 Media-Specific Legal Instruments 2.2 Sector-Specific Legal Framework 2.2.1 E-Commerce and Electronic Services Law 2.2.2 Telecommunications Law 2.2.3 Contract and Consumer Protection-Related Specifications in the Media Sector 2.2.4 Special Provisions Under Competition Law 2.2.5 Special Provisions Applicable to Intellectual Property Rights 3 Reform of Europe’s Media Order 3.1 The Year of Reform 3.2 Digital Services 3.3 Digital Markets 4 Conclusions PART VFinancial Regulation and Criminal Law 9 Regulating Virtual Currencies ROLAND BROEMEL1 Digital Currencies as a Form of Global Digitality 1.1 Digital Currencies as a Digital Phenomenon 1.1.1 Blockchain as a Specifically Digital Technology 1.1.2 Added Value of Payment Data 1.1.2.1 Data as a Commercial Factor: Cross-Market Business Models 1.1.2.2 Impact on Digital Payment Services and Currencies 1.1.2.3 Development of Digital Ecosystems in Digital Financial Services 1.1.2.4 Ecosystems in Digital Currencies 1.2 Virtual Currencies as a Specifically Global Phenomenon 1.2.1 Technical Factors of Globality 1.2.2 Economic Factors of Globality 1.2.2.1 Exchange Costs and Economic Functions of Money 1.2.2.2 Part of the Network Instead of a Geographical Area 2 Legal Framework of Virtual Currencies 2.1 Adaptation 2.1.1 Banking Supervision Law 2.1.1.1 Virtual Currency as Category: Unit of Account or Crypto Value 2.1.1.2 Regulatory Assessment of the Activities 2.1.2 Stablecoins as E-Money? 2.1.3 Civil Law 2.1.4 Securities Law 2.2 Specific Challenges of Digitality 2.2.1 Prevention of Money Laundering and Financing of Terrorism 2.2.2 Investor and Consumer Protection in the Issuing of Virtual Currencies 2.2.3 Specific Regulatory Requirements for "Value-Referenced Tokens" 3 Conclusion 10 Criminal Law of Global Digitality: Characteristics and Critique of Cybercrime Law BEATRICE BRUNHÖBER1 Defining Criminal Law of Global Digitality 1.1 From Computer Crime to Cybercrime 1.2 Cybercrime Offenses 2 The Challenging Global Dimension of Cybercrime 2.1 Global Challenges 2.2 Approaches to Addressing Global Cybercrime 3 Legislative Approaches 3.1 Distinguishing International From Transnational Criminal Law 3.2 United Nations Measures 3.3 The Council of Europe Convention on Cybercrime 3.4 European Union Framework Decisions and Directives Addressing Cybercrime 3.5 Economic Community of West African States Directive on Fighting Cybercrime 4 Policy Approaches 4.1 United Nations Policy Measures for Addressing Cybercrime 4.2 Regional Policy Strategies for Dealing With Cybercrime 5 Characteristics and Weaknesses of Global Digitality Criminal Law 5.1 Characteristics of Current Global Digitality Criminal Law 5.2 Weaknesses of Present Global Digitality Criminal Law 6 Conclusion Conclusion: The Law of Global Digitality: Findings and Future ResearchMATTHIAS C. KETTEMANN AND ALEXANDER PEUKERT1 The Theme 2 The Findings 3 Suggestions for Future ResearchIndex
£37.99
Taylor & Francis Sports Investigations Law and the ECHR
Book SynopsisThis book focuses on the analysis of coercive measures that sports organisations are permitted to use as part of their internal sports investigation proceedings to investigate sports rule violations. The legality of such coercive measures is measured against the legal regime of the European Convention on Human Rights (ECHR). The book examines the important issue of the applicability of the ECHR to private sports organisations, which is currently widely debated in the field of sports law. The ECHR is hereby used as the analytical framework, which should also be a source of inspiration for jurisdictions outside the scope of application of the ECHR. The book further explores if and to what extent sports organisations and law enforcement agencies may exchange intelligence in support of both internal sports investigation proceedings and criminal investigations. At all stages, the work seeks to strike a balance between the interest of sports organisations to investigate sports rule violat
£37.99
Taylor & Francis Criminal Law Procedure and Evidence
Book SynopsisProviding a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning.Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against societyâs need to enforce criminal laws as a means of achieving social conTable of ContentsSection I: Overview 1. Balancing Law Enforcement and Individual Rights 2. Social Control in a Free Society 3. A Bill of Rights Summary Section II: Crime and Due Process Protections 4. Development of Due Process Protections 5. Principles of Criminal Law 6. Crimes and Punishments 7. The Exclusionary Rule and the Fourth Amendment Section III: Search and Seizure 8. Search Warrants 9. The Law of Arrest 10. Searches without Warrants 11. A Not So Uncommon Police/Citizen Encounter 12. Stop, Question, and Frisk 13. Consent Searches 14. Search and Seizure of Vehicles and Occupants Section IV: The Individual as the Subject of Government Investigation 15. The Privilege against Compelled Self-incrimination and Miranda v. Arizona 16. Refining Miranda 17. The Right to Counsel 18. Evidence and Due Process 19. Identifications and Due Process 20. The Right of Confrontation 21. Government Surveillance 22. Terrorism and the PATRIOT Act
£63.64
Taylor & Francis Human Rights Law and Corporate Regulation
Book SynopsisThis book argues for an intensely humanist engagement with the company and presents a model of company regulation that is compatible with the protection, respect for and fulfilment of human rights.Dr Barrett provides a theoretical framing for corporate regulation in the context of human rights states. He argues that states which have ratified the fundamental human rights instruments should, on principle, exclude bodies corporate from the human rights ecosystem, except to the degree necessary to respect property rights of humans and human rights in business. He therefore develops a neo-concession' account of the corporation as the basis for a model of corporate regulation to protect human rights. The book outlines and recommends principal features of a company under a neo-concession model, and the role of regulators in furthering the state's human right obligations. It also delves into the potential issues of technological developments, including decentralized autonomous organ
£47.49
Austin Macauley Publishers A Legal Mind
£10.44
Austin Macauley Publishers A Legal Mind
Book Synopsis
£16.19
Cambridge University Press Wrongful Convictions and the DNA Revolution
Book SynopsisFor centuries, most people believed the criminal justice system worked - that only guilty defendants were convicted. DNA technology shattered that belief. DNA has now freed more than three hundred innocent prisoners in the United States. This book examines the lessons learned from twenty-five years of DNA exonerations and identifies lingering challenges.Trade Review'This thoughtful collection of essays on one of the most important scientific and legal advances of the past century is a must read for anyone who wants to understand American criminal justice. Exonerations have so much to teach us about what goes wrong in police encounters, prosecutors' offices, and courtrooms around the country, and this book serves as a much needed guide.' Rachel E. Barkow, Segal Family Professor of Regulatory Law and Policy and Faculty Director, Center on the Administration of Criminal Law, New York University School of Law'This excellent and timely collection examines the revolutionary impact of DNA identification on American criminal justice. It explores the major changes triggered by DNA exonerations, starting in 1989 - in criminal investigation, trial procedure, the use of the death penalty - and it discusses the challenges we still face and reforms that may yet happen.' Samuel R. Gross, Thomas and Mabel Long Professor of Law, University of Michigan'Wrongful Convictions and the DNA Revolution should be required reading for prosecutors, defense attorneys, judges, and jurors alike. The book magnificently lays bare the painful but critical lessons from twenty-five years of struggle for exoneration of the innocent.' Jeannie Suk Gersen, John H. Watson, Jr Professor of Law, Harvard Law School'The chapters of Wrongful Convictions and the DNA Revolution summarize remarkable strides achieved by the Innocence Movement, provide insight into the movement's legal and institutional elements, and point to future challenges. Every criminal law scholar in law schools and criminal justice departments would benefit by reading the volume. It is an excellent high-level entry point for criminologists new to wrongful conviction research. Instructors could assign individual chapters in advanced wrongful conviction courses. In sum, Daniel S. Medwed's volume deserves a central place in the growing library of wrongful conviction scholarship.' Marvin Zalman, Criminal Law and Criminal Justice Books (www.clcjbooks.rutgers.edu)Table of ContentsForeword Barry Scheck and Peter Neufeld; Introduction. Talking about a revolution: a quarter century of DNA exonerations Daniel S. Medwed; Innocence before DNA Michael Meltsner; Part I. A Look Back - What Have We Learned from 25 Years of DNA Exonerations?; Section 1. The Big Picture: 1. Convicting the innocent redux Brandon L. Garrett; 2. Has the innocence movement become an exoneration movement? The risks and rewards of redefining innocence Richard A. Leo; Section 2. A Closer Look at Specific Lessons: 3. Negotiating accuracy - DNA in the age of plea bargaining Alexandra Natapoff; 4. Reacting to recantations Rob Warden; 5. A tale of two innocence clinics - client representation and legislative advocacy Jacqueline McMurtrie; Section 3. The DNA Era and Changing Views of the Death Penalty: 6. How DNA has changed contemporary death penalty debates Michael L. Radelet; 7. What does innocence have to do with cruel and unusual punishment? Robert J. Smith, G. Ben Cohen and Zoe Robinson; Part II. A Glance Ahead - What Can Be Done to Avoid Wrongful Convictions in the Future?; Section 4. Substantive Reforms: 8. Flawed science and the new wave of innocents Keith A. Findley; 9. Prosecutors - the thin last line protecting the innocent George C. Thomas, III; 10. Ineffective assistance of counsel and the innocence revolution - a standards-based approach Adele Bernhard; Section 5. Procedural Changes: 11. Post-conviction procedure - the next frontier in innocence reform Stephanie Roberts Hartung; 12. Can we protect the innocent without freeing the guilty? Thoughts on innocence reforms that avoid harmful tradeoffs Paul G. Cassell; 13. Retrospective justice in the age of innocence - the hard case of rape executions Margaret Burnham; 14. Outbreaks of injustice - responding to systemic irregularities in the criminal justice system Sandra Guerra Thompson and Robert Wicoff; 15. Exonerating the innocent - habeas for nonhuman animals Justin F. Marceau and Steven Wise; Section 6. The International Arena: 16. The global innocence movement Mark Godsey; 17. Innocence at war Erik Luna.
£27.74
Cambridge University Press The Law of Collaborative Defence Procurement in the European Union
Book SynopsisThe book examines and makes proposals for improving the law and management of collaborative defence procurement programmes and provides practical examples to enhance efficiency of cooperation between states. Covering a broad scope of legal issues, it contains invaluable information for practitioners, policy-makers and academics aiming to analyse or improve these projects.Table of ContentsPart I. Analysis of Collaborative Defence Procurement in the EU: 1. The need for collaborative defence procurement; 2. Organisation of collaborative defence procurement programmes; 3. Procurement process of collaborative defence procurement programmes; 4. Initiatives to improve collaborative defence procurement in Europe; Part II. Legal Framework of Defence Procurement in the EU: 5. The Matryoshka doll of four legal relationships; 6. The EU treaties and defence procurement; 7. The EU public procurement directives and defence procurement; 8. The EU legislation on trade in defence goods; 9. Institutional law of international organisations; Part III. Examples of Collaborative Defence Procurement Structures: 10. International organisation performing collaborative defence procurement in Europe; 11. State-to-state defence procurement cooperation; Part IV. First Matryoshka Doll: The Decision to Participate in a Collaborative Programme: 12. Applicability of the public contracts directive; 13. Applicability of the defence and security directive; 14. Applicability of the EU treaties principles; Part V. Second Matryoshka Doll: The Relationship between the Participating States: 15. International agreements and EU law; 16. Obligation to implement directives; Part VI. Third Matryoshka Doll: The Procurement Rules of the Programme Management Entity: 17. Procurement rules of programmes managed by an international organisation; 18. Procurement rules of programmes managed by a lead nation; Part VII. Actual Compliance with Applicable Law: 19. Rules for OCCAR programmes; 20. Rules for EDA projects and programmes; 21. Rules of NSPO; Part VIII. How to Improve Collaborative Defence Procurement in the EU: 22. Increasing efficiency of collaborative defence procurement programmes; 23. Legal improvements of collaborative defence procurement.
£34.12
Cambridge University Press The Unwritten Law in Albania
Book SynopsisOriginally published posthumously in 1954, this book presents a study of the unwritten law of the Albanian mountain tribes by the renowned Scottish anthropologist, classical scholar and ethnographer Margaret Hasluck (18851948). In recording the legal aspects of tribal life, Hasluck also provides detailed information on the everyday existence of the tribes.Table of ContentsPreface J. E. Alderson; Introduction J. H. Hutton; 1. The geographical framework; 2. The unwritten law in outline; 3. The Albanian house; 4. The Albanian household; 5. The master of the house; 6. The separation of brothers; 7. The law of the dog; 8. Roads; 9. Boundaries; 10. Pasturage; 11. Bajraktars; 12. Elders; 13. The administration of justice; 14. General assemblies; 15. Assemblies and their work; 16. The oath. I. Oath-taker and compurgators; 17. The oath. II. The oath-taking; 18. The oath. III. Verdict and penalties; 19. Witness (Këpucar); 20. Theft as a crime; 21. Murder within the family; 22. Blood feud. I. Family vengeance and collective vengeance; 23. Blood feud. II. Course of the feud; 24. Blood feud. III. Expiator and expiation; 25. Blood feud. IV. Peace-making; Appendix. Laws passed at general assemblies, translated from the original Albanian; Index.
£24.99
Cambridge University Press Monitoring Laws
Book SynopsisOur world and the people within it are increasingly interpreted and classified by automated systems. At the same time, automated classifications influence what happens in the physical world. These entanglements change what it means to interact with governance, and shift what elements of our identity are knowable and meaningful. In this cyber-physical world, or ''world state'', what is the role for law? Specifically, how should law address the claim that computational systems know us better than we know ourselves? Monitoring Laws traces the history of government profiling from the invention of photography through to emerging applications of computer vision for personality and behavioral analysis. It asks what dimensions of profiling have provoked legal intervention in the past, and what is different about contemporary profiling that requires updating our legal tools. This work should be read by anyone interested in how computation is changing society and governance, and what it is aboutTrade Review'Jake Goldenfein's brilliant and theoretically sophisticated reconstruction of legal identity in the era of automated profiling serves notice to our would-be digital overlords: the days when they could imagine that legal and policy frameworks were too hopelessly outdated to keep up are over. Monitoring Laws is a crucial contribution to contemporary discussions of privacy and profiling that provides the conceptual and historical resources for developing a regulatory regime that protects personal identity and legal rights in an era of ubiquitous monitoring.' Mark Andrejevic, Monash University'How thrilling it is to read a work that stretches ideas of what legal thought and practice have been, and what they might yet become. Monitoring Laws is such a book. In captivating, pellucid prose, Jake Goldenfein retells the story of two centuries of profiling practice - from photography to neural nets, from dossiers to data analytics - and the legal, representational and relational thinking imbricated therein. Throughout, Goldenfein shows, legal notions of identity have been modulated, challenged and reworked along with developments in surveillance technology. And those notions may yet still be, he shows, by thinking juridically with data, rather than through, against, or in spite of our contemporary informational existence. To the broad range of readers likely to find this book of interest, Goldenfein urges paying close attention to how the world and we who live here are being structured and actioned informationally, and extending our thinking about legal subjects accordingly. And once one does attend to this book's thoughtful refiguring of the stakes of digital surveillance, it is indeed hard to look away.' Fleur Johns, University of New South Wales, Sydney'You are being observed, monitored and profiled in more areas of life than you know. In this brilliant book, Jake Goldenfein explains the history and theory of the laws of monitoring, and provides a roadmap to the future. If you want to understand how we got to this point, and what's at stake in a panoptical society, then you need to read this book.' Dan Hunter, Executive Dean, Queensland University of TechnologyTable of Contents1. Monitoring laws; 2. The image and institutional identity; 3. Images and biometrics: privacy and stigmatization; 4. Dossiers, behavioural data, and secret speculation; 5. Data subject rights and the importance of access; 6. Automation, actuarial identity, and law enforcement informatics; 7. Algorithmic accountability and the statistical legal subject; 8. From image to computer vision: identity in the world state; 9. Person, place, and contest in the world state; 10. Law and legal automation in the world state; Index.
£26.09
Taylor & Francis Ltd Game Theory and Society
Book SynopsisThe progress of society can only happen through interpersonal cooperation, because only cooperation can bring about mutual benefit, thus bringing happiness to each person. This should be our collective rationality, but we often see it conflicts with individual interests, which leads to the so-called Prisoners' Dilemma and does not bring happiness to all. From a game theoretical perspective, this book addresses the issue of how people can cooperate better. It has two objectives. The first is to use common language to systematically introduce the basic methodologies and core conclusions of Game Theory, including the Nash equilibrium, multiple equilibriums, dynamic games, etc. Mathematics and theoretical models are used to the minimum necessary scope too, to make this book get access to ordinary readers with elementary mathematical training. The second objective is to utilize these methods and conclusions to analyze various Chinese social issues and institutional arrangements, wTable of ContentsList of figures. List of tables. Foreword to the Chinese Edition Chapter 1 Individual Rationality and Social Optimum Chapter 2 The Nash Equilibrium and the Prisoners’ Dilemma Game Chapter 3 Multiple Equilibriums, Institutions, and Cultures Chapter 4 Threats and Commitments Chapter 5 Bargaining and Patience Chapter 6 Repeated Games and Cooperative Behavior Chapter 7 Incomplete Information and Reputation Chapter 8 Adverse Selection, Brands, and Regulation Chapter 9 Signaling and Social Norms Chapter 10 Mechanism Design and Income Distribution Chapter 11 Moral Hazard and Corruption Chapter 12 Evolutionary Games and the Spontaneous Order Chapter 13 Laws and Social Norms Chapter 14 Institutional Entrepreneurs and the Rules of the Game References. Index
£199.50
John Wiley and Sons Ltd Plunder
Book SynopsisPlunder examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder the practice of violent extraction by stronger political actors victimizing weaker ones. Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side Examines the Rule of Law''s relationship with ''plunder'' the practice of violent extraction by stronger political actors victimizing weaker ones in the service of Western cultural and economic domination Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States Dares to ask the paradoxical question is the Rule of Law itself illegal? Trade Review"Plunder is a detailed, well written autopsy of how law and our legal system further strengthens the already powerful, while decimating those already located outside the reach of power. In the world of the post-economic collapse, Plunder is a painfully frightening roadmap decrying the dangers of the exact "legal" practices (derivatives, call options, etc.) that brought on the current economic crisis." (Multinational Monitor, Jan - Feb 2009) “Mattei and Nader note how win-win situations as ostensibly promoted by Alternative Dispute Resolution practices are in fact harmony ideologies that ‘may be used to suppress people's resistance, by socializing them toward conformity by means of consensus, cooperation, passivity, and docility, and by silencing people who speak out angrily." (Swans Commentary) "Without doubt this is an important book … Mattei and Nader have produced a courageous, intellectually refined, and superbly critical book about one of the main instruments of society-building in our culture. The book should find a wide audience in law classes, and in graduate courses of sociology, anthropology, and political sciences." (Journal of the Royal Anthropological Institute)Table of ContentsPreface. Introduction. 1. Plunder and The Rule of Law. An Anatomy of Plunder. Plunder, Hegemony, and Positional Superiority. Law, Plunder, and European Expansionism. Institutionalizing Plunder: The Colonial Relationship and the Imperial Project. A Story of Continuity: Constructing the Empire of Law (lessness). 2. Neo-liberalism: Economic Engine of Plunder. The Argentinean Bonanza. Neo-Liberalism: An Economic Theory of Simplification and a Spectacular Project. Structural Adjustment Programs and the Comprehensive Development Framework. Development Frameworks, Plunder, and the Rule of Law. 3. Before Neo-Liberalism: a Story of Western Plunder. The European Roots of Colonial Plunder. The Fundamental Structure of US Law as a Post-Colonial Reception. A Theory of Lack, Yesterday and Today. Before Neo-Liberalism: Colonial Practices and Harmonious Strategies—Yesterday and Now. 4. Plunder of Ideas and the Providers of Legitimacy. Hegemony and legal Consciousness. Intellectual Property as Plunder of Ideas. Providing Legitimacy: Law and Economics. Providing Legitimacy: Lawyers and Anthropologists. 5. Constructing the Conditions for Plunder. Plunder of Oil: Iraq and Elsewhere. The New World Order of Plunder. Not Only Iraq: Plunder, War, and Legal Ideologies of Intervention. Institutional Lacks as Conditions for Plunder: Real or Created?. Double Standards Policy and Plunder. Poverty: Justification for Intervention and Consequence of Plunder. 6. International Imperial Law. Reactive Institutions of Imperial Plunder. U.S. Rule of Law: Forms of Global Domination. The Globalization of the American Way. An Ideological Institution of Global Governance: International Law. Holocaust Litigation: Back to the Future. The Swallowing of International Law by U.S. law. Economic Power and the U.S. Courts as Imperial Agencies. 7. Hegemony and Plunder. The Demise of the Rule of Law in the United States. Strategies to Subordinate the Rule of Law to Plunder. Plunder in High Places: Enron and its Aftermath. Plunder in Even Higher Places: Electoral Politics and Plunder. Plunder of Liberty: The War on Terror. Plunder Undisrupted: The Discourse of Patriotism. 8. Beyond an Illegal Rule of Law?. Summing Up: Plunder and The Global Transformation of the Law. Imperial Rule of Law or the People's Rule of Law. The Future of Plunder. Notes to Text. Selected Further Reading. Documentary Film Resources. Index
£29.40
Pearson Education Human Rights in the UK
Book SynopsisTable of Contents1. Introduction 2. The idea of human rights 3. The history of human rights and the Convention 4. Constitutional considerations 5. The scheme of the Human Rights Act 1998 6. Remedies under the Human Rights Act 7. Introduction to the Convention rights 8. The right to life: Article 2 9. Freedom from torture: Article 3 10. Freedom from slavery: Article 4 11 . Personal liberty: Article 5 12. The right to a fair trial: Article 6 13. Retrospective legislation: Article 7 14. The right to privacy: Article 8 15. Freedom of conscience: Article 9 and Article 2 of the First Protocol 16. Freedom of expression: Article 10 17. Freedom of assembly: Article 18. The right to marry: Article 12 19. Non-discrimination: Article 14 20. The right to property: Article 1 of the First Protocol 21. Free elections: Article 3 of the First Protocol 22. The problem of terrorism 23. Conclusion Appendix 1 The Human Rights Act 1998 Appendix 2 The European Convention for the Protection of Human Rights and Fundamental Freedoms Appendix 3 Members of the Council of Europe and Convention ratifications Appendix 4 The Universal Declaration of Human Rights Appendix 5 European Union Charter of Fundamental Rights
£56.99
LexisNexis UK Bennion on Statutory Interpretation
Book SynopsisBennion, Bailey and Norbury on Statutory Interpretation is the leading work on statutory interpretation. It provides a clear and comprehensive guide to understanding, interpreting and applying legislation. Regularly used by practitioners and academics, and frequently cited in judgments throughout the common law world, it is a trusted and authoritative resource.The eighth edition continues to enhance the presentation and scope of the content, including new chapters on devolution contributed by subject experts.The material in the new edition has been extensively restructured, and in places rewritten, to improve accessibility and enhance the content. The edition has been produced by a new editorial team, with Professor David Feldman QC (Hon) FBA, Rouse Ball Professor of English Law, as consultant editor.Key features:* comprehensive and up to date account of statutory interpretation* logical structure and overviews enable readers to find information quickly* each section begins with a succ
£597.55
Edinburgh University Press Scots Law of Delict
Book SynopsisThis book presents an exhaustive, integrated treatment of the law of Delict in Scotland, covering negligence, injuries to specific interests (such as defamation and assault), statutory liability, and defences and remedies. It also gives appropriate consideration to case law and commentary from other jurisdictions, especially England and Wales.
£180.00
Edinburgh University Press Scottish Legal System Essentials 4th Edition
Book Synopsis
£17.99
Edinburgh University Press Continuity Influences and Integration in Scottish
Book SynopsisBrings together 15 principal essays by David Sellar (1941-2019), reflecting his pioneering contribution to Scottish legal history, covering the topics of Celtic law and institutions, the influence of Canon and English law across a wide range of legal subjects (including family law, succession, criminal law, evidence) and customary law.
£26.99
University of Texas Press Democratic Law in Classical Athens
Book SynopsisThe democratic legal system created by the Athenians was completely controlled by ordinary citizens, with no judges, lawyers, or jurists involved. It placed great importance on the litigants’ rhetorical performances. Did this make it nothing more than a rhetorical contest judged by largely uneducated citizens that had nothing to do with law, a criticism that some, including Plato, have made?Michael Gagarin argues to the contrary, contending that the Athenians both controlled litigants’ performances and incorporated many other unusual features into their legal system, including rules for interrogating slaves and swearing an oath. The Athenians, Gagarin shows, adhered to the law as they understood it, which was a set of principles more flexible than our current understanding allows. The Athenians also insisted that their legal system serve the ends of justice and benefit the city and its people. In this way, the law ultimately satisfied most Athenians and probably pTrade ReviewBacked by many years of research in the field of Greek law, the author systematically demonstrates the many ways in which the Athenians ensured that their legal system upheld both the rule of law and democratic ideals and shows clearly that the Athenian legal system was one that achieved its aims and worked as intended in the context in which it developed...Gagarin’s latest work is, as always, accessible and coherent while remaining precise and incisive. It will be a valuable introduction to the Athenian legal system for many and a useful addition to the libraries of scholars and students working on the Athenian democracy. * Polis *[Democratic Law in Classical Athens] does a very good and interesting job of exploring the Athenian judicial system in its wider civic context. * Sehepunkte *[Democratic Law in Classical Athens] is a discerning overview of the workings of the Athenian judicial system with a crucial emphasis on the context of ancient democracy and culture. The writing is lucid, thorough, meticulously footnoted, well illustrated with copious ancient examples and informative for scholars of all levels...We must always remember that the ancients were regular people with a culture, world view and practice of self-government far different from our own. In constructing this rich and dynamic social setting Gagarin shines. * Classical Review *"Gagarin’s argument is characteristically nuanced and persuasive, grounded in the sources and in a deep understanding of the operation of law both in Classical Athens and more widely in Archaic and Classical Greece. The book’s thoughtful discussion will make it a valuable addition to the collections of scholars and students of Athenian law and democracy, and it is likely to serve as a clear and accessible introduction to the subject for many." * Journal of Hellenic Studies *Apart from being well-written and easily comprehended, Gagarin’s latest work is worth reading above all for his courage in tackling the much-debated issue of the effectiveness of the Athenian legal system. The author’s intelligent employment of comparisons between legal practices in Athens and in modern states, which helps him demonstrate the high degree of efficiency of the Athenian legal system, brings studies on Athenian law closer to comparative legal studies and, thus, to a readership not limited only to classicists...readers who are open to discovering a new perspective on Athenian law will be made to feel at ease by the clarity of his thought. * Bryn Mawr Classical Review *[Democratic Law in Classical Athens] provides an excellent overview of the relationship between law and democracy in Athens and serves as a testament to the great care and judgment with which Gagarin has studied the subject over many years. * Mouseion: Journal of the Classical Association of Canada *Table of Contents Preface Introduction Chapter 1. Democracy Chapter 2. Performance Chapter 3. Negotiation Chapter 4. Rhetoric Chapter 5. Rules and Relevance Chapter 6. Justice Chapter 7. Public Interest Chapter 8. The Rule of Law Conclusion Bibliography Index Locorum General Index
£31.50
Bloomsbury Publishing PLC Nationalist Socialist Criminal Law: Continuity
Book SynopsisPreface by R.A. Duff In line with theories of National Socialism as a continuation and radicalization of existing trends, this innovative study interprets Nazi criminal law as a racist (anti-Semitic), nationalist (“Germanic”), and totalitarian construct that continues and develops further the authoritarian and anti-liberal tendencies of German criminal law of the fin-de-siècle and the Weimar Republic. This is borne out by a systematic analysis of writings by relevant authors that focuses first and foremost on the texts, which speak for themselves, and is less concerned with morally judging the scholars who produced them. Furthermore, the study shares novel insights on the reception of German (National Socialist) criminal law in Latin America. The aforementioned continuity existed not only between the Nazi period and the eras preceding it, but also between National Socialism and the period that followed (the Bonn Republic). In short, National Socialist criminal law neither came out of nowhere nor disappeared completely after 1945. Current identitarian attempts by the so-called Neue Rechte (“New Right”) to reconstruct the Germanic myth represent yet another continuation that links seamlessly to National Socialist ideology.Trade ReviewA worthwhile read for any American criminal theorist – it jolts us out of our familiar discussion paradigms and reminds us of how criminal law theory was complicit in one of the darkest chapters in human history. -- Brenner Fissell, Hofstra University * Criminal Law and Criminal Justice Books *Table of ContentsChapter I. Preliminary Remarks 1. Zaffaroni’s “Doctrina Penal Nazi” 2. My approach Chapter II. The Foundations of National Socialist Criminal Law 1. Racism, Volksgemeinschaft, Führer state, Führer principle and exclusion 2. The material concept of justice and wrongdoing, ethicisation, “total” criminal law and deformalisation 3. General preventive and atonement-focused Willensstrafrecht (criminal law of the will) Chapter III. Continuity and the “Schulenstreit” (“Dispute between the Schools”) (?) Chapter IV. National Socialist Criminal Law and Neo-Kantianism 1. The (alleged) influence of Neo-Kantianism 2. The “Marburg School of Neo-Kantianism” 3. Neo-Kantianism—a forerunner of National Socialist criminal law? 4. Collectivism and material theories of value—forerunners of National Socialist criminal law? Chapter V. The Independent National Socialist Criminal Law of the Kiel School 1. Basic orientation and main representatives 2. Criminal policy: an authoritarian NS criminal law 3. The role of the judge in the NS Führer state 4. Loyalty, breaches of duty, honour punishments 5. Concrete Wesensschau (focus on the substance of the offence), Täterstrafrecht (agent-focused criminal law) and Willensstrafrecht (criminal law of the will) 6. A comprehensive actus reus defined by overall disvalue (“offence type”) instead of a structured theory of crime Chapter VI. Erik Wolf: From Perpetrator Types to an Attitudinal Theory of Agency 1. Authoritarian-social criminal law and theory of agency 2. Wolf’s turn towards and away from National Socialism Chapter VII. Some (preliminary) conclusions 1. Selective reception of German (NS-inspired) criminal law in Latin America 2. Did Hans Welzel truly overcome (Neo-Kantian) NS criminal law? 3. A continuity of National Socialist criminal law thought in Latin America?
£80.75
Bloomsbury Publishing PLC The EFTA Court
Book SynopsisThe EEA Agreement extends the four freedoms (persons, goods, services and capital) to Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality. The EFTA Court, celebrating its 30th anniversary in 2024, has jurisdiction over parties to the Agreement. This jurisdiction corresponds to that of the Court of Justice of the European Union over EU Member States in matters of EEA law. This collection of essays, written by members of the Court and external experts, reviews the successes and shortcomings of the Court, its interface with EU law, and its future development.
£114.00
Manchester University Press Britain and its Internal Others, 1750–1800: Under
Book SynopsisThe rule of law, an ideology of equality and universality that justified Britain's eighteenth-century imperial claims, was the product not of abstract principles but imperial contact. As the Empire expanded, encompassing greater religious, ethnic and racial diversity, the law paradoxically contained and maintained these very differences. This book revisits six notorious incidents that occasioned vigorous debate in London's courtrooms, streets and presses: the Jewish Naturalization Act and the Elizabeth Canning case (1753–54); the Somerset Case (1771–72); the Gordon Riots (1780); the mutinies of 1797; and Union with Ireland (1800). Each of these cases adjudicated the presence of outsiders in London – from Jews and Gypsies to Africans and Catholics. The demands of these internal others to equality before the law drew them into the legal system, challenging longstanding notions of English identity and exposing contradictions in the rule of law.Trade Review'Britain and its internal others creates and stirs a much needed debate on the history of equality before the law by those who were perceived as other due to colonialism. Bringing together six distinct legal events with similar themes is no easy feat, and Rabin does so with ease coupled with detailed scrutiny and explanations.'Rechtsgeschichte – Legal History -- .Table of ContentsIntroduction: Empire and law, 'Firmly united by the circle of the British diadem'1 Internal others: Jews, Gypsies, and Jacobites2 'In a country of liberty?':Sslavery, villeinage and the making of whiteness in the Somerset case (1772)3 Imperial disruptions: City, nation, and empire in the Gordon Riots4 'This fleet is not yet republican': Conceptions of law in the mutinies of 17975 Wedding and Bedding: making the Union with Ireland, 1800ConclusionSelect bibliographyIndex
£76.50
Manchester University Press Britain and its Internal Others, 1750–1800: Under
Book SynopsisThe rule of law, an ideology of equality and universality that justified Britain's eighteenth-century imperial claims, was the product not of abstract principles but imperial contact. As the Empire expanded, encompassing greater religious, ethnic and racial diversity, the law paradoxically contained and maintained these very differences. This book revisits six notorious incidents that occasioned vigorous debate in London's courtrooms, streets and presses: the Jewish Naturalization Act and the Elizabeth Canning case (1753–54); the Somerset Case (1771–72); the Gordon Riots (1780); the mutinies of 1797; and Union with Ireland (1800). Each of these cases adjudicated the presence of outsiders in London – from Jews and Gypsies to Africans and Catholics. The demands of these internal others to equality before the law drew them into the legal system, challenging longstanding notions of English identity and exposing contradictions in the rule of law.Trade Review'Britain and its internal others creates and stirs a much needed debate on the history of equality before the law by those who were perceived as other due to colonialism. Bringing together six distinct legal events with similar themes is no easy feat, and Rabin does so with ease coupled with detailed scrutiny and explanations.'Rechtsgeschichte – Legal History -- .Table of ContentsIntroduction: Empire and law, 'Firmly united by the circle of the British diadem'1 Internal others: Jews, Gypsies, and Jacobites2 'In a country of liberty?':Sslavery, villeinage and the making of whiteness in the Somerset case (1772)3 Imperial disruptions: City, nation, and empire in the Gordon Riots4 'This fleet is not yet republican': Conceptions of law in the mutinies of 17975 Wedding and Bedding: making the Union with Ireland, 1800ConclusionSelect bibliographyIndex
£23.75
Bristol University Press Critical and Comparative Rhetoric: Unmasking
Book SynopsisThrough the lenses of comparative and critical rhetoric, this book theorizes how alternative approaches to communication can transform legal meanings and legal outcomes, infusing them with more inclusive participation, equity and justice. Viewing legal language through a radical lens, the book sets aside longstanding norms that derive from White and Euro-centric approaches in order to re-situate legal methods as products of new rhetorical models that come from diasporic and non-Western cultures. The book urges readers to re-consider how they think about logic and rhetoric and to consider other ways of building knowledge that can heal the law’s current structures that often perpetuate and reinforce systems of privilege and power.Table of ContentsIntroduction Chapter 1: What’s Wrong with Aristotle? Chapter 2: Problematizing Aristotle: Renovating and Remodeling Traditional Legal Rhetoric Chapter 3: Shifting the Focus from the West Chapter 4: Multicultural Rhetorics Chapter 5: Reproducing the Canon, Reproducing Inequity (Traditional Rhetoric) Chapter 6: Interrupting the Canon Chapter 7: Disrupting the Canon: Multicultural Rhetorical Strategies in Action
£68.00
Hodder & Stoughton From Crime to Crime: Harold Shipman to Operation
Book Synopsis'If Henriques were a fictional character, he would be a celebrity, the kind of dashing, hawkish QC who turns up in Agatha Christie novels and is recognised by everybody... There is an undeniable, lawyerly authenticity about Henriques's book. He takes us meticulously through his cases... It is fascinating to read.' - Dominic Sandbrook, Sunday TimesSir Richard Henriques has been centre stage in some of the most high-profile and notorious cases of the late 20th and early 21st centuries. After taking silk in 1986, over the course of the next 14 years he appeared in no fewer than 106 murder trials, including prosecuting Harold Shipman, Britain's most prolific serial killer, and the killers of James Bulger. In 2000 he was appointed to the High Court Bench and tried the transatlantic airline plot, the Morecambe Bay cockle pickers, the killing of Jean Charles de Menezes, and many other cases. He sat in the Court of Appeal on the appeals of Barry George, then convicted of murdering Jill Dando, and Jeremy Bamber, the White House Farm killer. In From Crime to Crime he not only recreates some of his most famous cases but also includes his trenchant views on the state of the British judicial system; how it works - or doesn't - and the current threats to the rule of law that affect us all.
£10.44
Pennsylvania State University Press Fault, Responsibility, and Administrative Law in
Book SynopsisThis book presents a reassessment of the governmental systems of the Late Babylonian period—specifically those of the Neo-Babylonian and early Persian empires—and provides evidence demonstrating that these are among the first to have developed an early form of administrative law.The present study revolves around a particular expression that, in its most common form, reads ḫīṭu ša šarri išaddad and can be translated as “he will be guilty (of an offense) against the king.” The authors analyze ninety-six documents, thirty-two of which have not been previously published, discussing each text in detail, including the syntax of this clause and its legal consequences, which involve the delegation of responsibility in an administrative context. Placing these documents in their historical and institutional contexts, and drawing from the theories of Max Weber and S. N. Eisenstadt, the authors aim to show that the administrative bureaucracy underlying these documents was a more complex, systematized, and rational system than has previously been recognized.Accompanied by extensive indexes, as well as transcriptions and translations of each text analyzed here, this book breaks new ground in the study of ancient legal systems.Trade Review“It is an important building block for a better understanding of the social conditions in Babylonia in the 6th and 5th centuries B.C. and at the same time enriches the corresponding legal-historical research.”—Hans Neumann Review of Biblical Literature
£80.06
