Aanjikiing / Changing Worlds by
A detailed account of the Ojibwe funeral ceremony as practiced by Lee Obizaan Staples at Lake Lena, Minnesota, on the reservation of the Mille Lacs Band of Ojibwe. As a young man, Lee Obizaan Staples learned from his elders how to conduct an Ojibwe funeral. He memorized, in Ojibwe, all the steps involved in the pre- and post-funeral feasts, the wake, and the ceremony--including directions to those present, specific prayers, the uses of tobacco, instructions to the deceased, and much more. Since 1995, he has answered the call of the tobacco that always seems to find him and never seems to cease. He and Ombishkebines, whom he selected to carry these teachings forward, provide both the Ojibwe teachings and an English version that explains, rather than translates, the teachings. This book is a guide for those who have been chosen to carry on this work and for those seeking a deeper understanding of Anishinaabe traditional funeral rites.
The Analytical Failures of Law and Economics by
The law-and-economics movement remains a dominant force in American private law, even though courts and commentators recognize that many of its assumptions are implausible and that efficiency is not the law's only goal. This book adds to the debate by showing that many leading law-and-economics arguments fail on their own terms, even for those who accept their most important assumptions and goals. Adopting an analytical approach and using some law-and-economics methods against the leading arguments in that field, Shawn Bayern shows that economic thinking fails to explain or justify most rules in the common law. Bayern masterfully surveys leading law-and-economics arguments in tort, contract, and property law and shows them to be fragile, self-contradictory, or otherwise problematic. Those who accept that efficiency is important should not be persuaded by the kind of law-and-economics arguments that have remained in vogue among legal scholars for decades.
Anishinaabe-Niimi'iding by
An essential guide to the sacred Big Drum ceremony of the Ojibwe, as told by a respected elder, explained in both the Ojibwe and English languages. Sometime in the last half of the nineteenth century, a group of Dakota presented the Ojibwe with the Big Drum and the ceremonies around it, as an act of peace and goodwill. The US government promptly outlawed the traditional, spiritual ceremony, along with all other Indigenous spiritual practices, in order to destroy Native culture--but it permitted the secular powwow as a tool of economic development. The Ojibwe people, however, maintained the ceremony in secrecy. In this firsthand, bilingual account, Lee Obizaan Staples shares the stories and the practice of the Big Drum ceremony. He discusses the use and care of the drum, the duties of membership, the spirits associated with the drum, personal conduct while near the drum, and much more. "These Anishinaabe ceremonial drums were given to all Anishinaabe people," says Obizaan. "I am doing this writing so that the Anishinaabe will be able to get a better understanding of the spiritual depth of what is available when these ceremonial drums are being used." Obizaan--a ceremonial drum keeper at Aazhoomog, a first-language speaker, and a principal authority on the ceremonial life of the southwestern Ojibwe--has worked with Ombishkebines, his surrogate son and right-hand man, to provide these Ojibwe and English versions of these ceremonies.
Applying Social Policy to Criminal Justice Practice by
This book aims to make clear the interconnections between social policy and criminal justice practice, bringing together key social policy concepts within a framework for reducing reoffending rates. The book focuses on the key social policy issues of employment, health and mental health, low income and poverty, housing and family. It shows how understanding and treating these as issues interconnected to criminal justice outcomes can and does lead to improvements in criminal justice practice.This book enables students and criminal justice practitioners to understand how a social policy focus can better inform practice with those involved in the criminal justice system. It features:* a 10 point summary of key points for learning; * chapter heading questions to support independent learning;* tables and graphs to illustrate the text.
Blackwater Falls by
From critically acclaimed author Ausma Zehanat Khan, Blackwater Falls is the first in a timely and powerful crime series, introducing Detective Inaya Rahman. "A gripping and compulsive mystery, but much more than that: an exploration of faith, prejudice and fear of the unknown." --Ann Cleeves, New York Times bestselling author of the Vera, Shetland and Two Rivers series Girls from immigrant communities have been disappearing for months in the Colorado town of Blackwater Falls, but the local sheriff is slow to act and the fates of the missing girls largely ignored. At last, the calls for justice become too loud to ignore when the body of a star student and refugee--the Syrian teenager Razan Elkader--is positioned deliberately in a mosque. Detective Inaya Rahman and Lieutenant Waqas Seif of the Denver Police are recruited to solve Razan's murder, and quickly uncover a link to other missing and murdered girls. But as Inaya gets closer to the truth, Seif finds ways to obstruct the investigation. Inaya may be drawn to him, but she is wary of his motives: he may be covering up the crimes of their boss, whose connections in Blackwater run deep. Inaya turns to her female colleagues, attorney Areesha Adams and Detective Catalina Hernandez, for help in finding the truth. The three have bonded through their experiences as members of vulnerable groups and now they must work together to expose the conspiracy behind the murders before another girl disappears. Delving deep into racial tensions, and police corruption and violence, Blackwater Falls examines a series of crimes within the context of contemporary American politics with compassion and searing insight.
Canada's intellectual property law by
"Current with legislation implementing recent international treaty obligations including the CUSMA, the Comprehensive Economic Trade Agreement (Canada-EU) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership."
Comparative Legal Metrics by
The trend of measuring performances is global and pervasive. We all live in quantified societies, in which performances in an ever-growing array of fields-from education to health, work to credit, justice to consumption-are assessed and governed through quantitative techniques. While the disruption brought by the quantitative turn has been widely studied by social scientists, legal research on the issue is minimal. This book aims to fill the gap. The essays herein collected explore how performance measurements interact with the law in different regions and sectors, which legal effects they produce, and for whose benefit.
Decolonising Restorative Justice by
This book critically examines the colonial dimensions of restorative justice. Uses the case of justice policy reform in Jamaica. Interdisciplinary readership potential.
Defensive Relativism by
Defensive Relativism describes how governments around the world use cultural relativism in legal argument to oppose international human rights law. Defensive relativist arguments appear in international courts, at the committees established by human rights treaties, and at the United Nations Human Rights Council. The aim of defensive relativist arguments is to exempt a state from having to apply international human rights law, or to stop international human rights law evolving, because it would interfere with cultural traditions the state deems important. It is an everyday occurrence in international human rights law and defensive relativist arguments can be used by various types of states. The end goal of defensive relativism is to allow a state to appear human rights compliant while at the same time not implementing international human rights law. Drawing on a range of materials, such as state reports on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and cases from the European Court of Human Rights involving freedom of religion, this book provides a definitive survey of defensive relativism. Crucially, Frederick Cowell argues, defensive relativism is not about alternative practices of human rights law, or debates about the origins or legitimacy of human rights as a concept. Defensive relativism is instead a variety of tactical argument used by states to justify ignoring international human rights law. Yet, as Cowell concludes, defensive relativism can't be removed from the law, as it is a reflection of unresolved tensions about the nature of what it means for rights to be universal.
Eliaq : towards an encyclopedia of local knowledge : chapter III, Miawpukek--the Middle River by
"Presented in English and Mi'kmaq, the latest chapter in this ambitious series presents a remarkable and respectful collaboration between an Indigenous and non-Indigenous artist, deepening and diversifying our understanding of the intergenerational knowledge of a Mi'kmaw community in Newfoundland. Miawpukek--The Middle River is Chapter III of Towards an Encyclopedia of Local Knowledge, the art-and-knowledge project of artist-scholar Pam Hall. This volume presents a fragment of the local place-based knowledge gathered by Hall and artist Jerry Evans. From canoe-building to berry harvesting, from preparing moose nose to foraging for natural medicines, from stewarding eel populations to reclaiming language and traditional cultural practices, Towards an Encyclopedia of Local Knowledge, Chapter III - Miawpukek--The Middle River vividly presents the rich, place-based knowings and doings of this Indigenous community on the south coast of Newfoundland.
The English text of the Treaty of Waitangi by
"The English Text of the Treaty of Waitangi emphasises that the original drafting of the Treaty by British officials in 1840 cannot be separated from the wider circumstances of that time. This context encompasses the history of British dealings with indigenous peoples throughout the Empire and the currents of thought in the mid-nineteenth century, a period of rapid change in society and knowledge. It also includes the backgrounds and motivations of those primarily responsible for framing the Treaty: British resident James Busby, Consul and future Lieutenant-Governor William Hobson, and Colonial Office official James Stephen.Through groundbreaking scholarship, Fletcher concludes that the Māori and English texts of the Treaty reconcile, and that those who framed the English text intended Māori to have continuing rights to self-government (rangatiratanga) and ownership of their lands. This original understanding of the Treaty, however, was then lost in the face of powerful forces in the British Empire post-1840, as hostility towards indigenous peoples grew alongside increased intolerance of plural systems of government.
Everything You Need to Know about the Voice to Parliament by
In late 2023 Australians will vote in a referendum on enshrining an Indigenous Voice to parliament and government in the Constitution. What benefits will the Voice bring? And what was the journey to this point?Everything You Need to Know About the Voice, written by co-author of the Uluru Statement from the Heart, Cobble Cobble woman Megan Davis, and fellow constitutional expert George Williams is essential reading on the Voice to parliament and government, how our Constitution was drafted, what the 1967 referendum achieved, and the Uluru Statement. It charts the journey of this nation-building reform from the earliest stages of Indigenous advocacy and, importantly, explains how the Voice offers change that will benefit the whole nation.
From Label to Table by
How did the Nutrition Facts label come to appear on millions of everyday American household products? As Xaq Frohlich unearths, this legal, scientific, and seemingly innocuous strip of information is in fact a prism through which to view the high-stakes political battles and development of scientific ideas that shaped the realms of American health, nutrition, and public communication. From Label to Table tells the biography of the food label. By tracing policy debates at the U.S. Food and Drug Administration (FDA), Frohlich describes the emergence of our present information age in food and diet markets and how powerful government offices inform the public about what they consume. From the early years of FDA food standards, with concerns about consumer protection, up to present-day efforts to modernize the Nutrition Facts panel, Frohlich explores the evolving popular ideas about food, diet, and responsibility for health that inform what goes on the label and who gets to decide that.
The general anti-avoidance rule : past, present, and future by
This book provides an extensive account of the origins and evolution of the general anti-avoidance rule (GAAR), and offers a comprehensive examination and appraisal of the rule. The book's 28 chapters encompass a wide variety of perspectives on the GAAR; contributors include tax practitioners, academics from around the world, and government officials from the Canada Revenue Agency and the Department of Justice, as well as the former Supreme Court of Canada justice who wrote the reasons for judgment in the leading GAAR case. The book, unique in the thoroughness of its approach and the diversity of its points of view, is intended as the go-to source for government officials, tax professionals, academics, and judges--a reference book covering all aspects of the GAAR: its historical background, its major structural features and shortcomings, the evolution of the case law dealing with the GAAR, and the interpretive issues that continue to cause uncertainty.
Indigenous Rights in the Modern Era by
International law is rich in promise but poor in detail and practical application about the rights of indigenous people. This book focuses on practical measures that have been implemented in states to give effect to free, prior and informed consent (FPIC); self-determination by indigenous people; special electoral measures to benefit indigenous people; and the role of advisory bodies to advocate for indigenous interests. In many comparative works there are often only scant or brief reference to some country-experiences, but in this book several case studies are explored in depth to promote a greater understanding of the self-determination arrangements that have been implemented. These case studies represent a form of glocalisation, whereby global principles are applied to find local solutions, and local solutions in turn inform greater clarity and specificity to global principles. At the end of each chapter key lessons that can be drawn from the respective case studies are identified in the hope that those may inform developments in other countries and in international law.
Invisible No More by
For too long, Native American people in the United States have been stereotyped as vestiges of the past, invisible citizens in their own land obliged to remind others, "We are still here!" Yet today, Native leaders are at the center of social change, challenging philanthropic organizations that have historically excluded Native people, and fighting for economic and environmental justice. Edited by Raymond Foxworth of First Nations Development Institute and Steve Dubb of The Nonprofit Quarterly, Invisible No More is a groundbreaking collection of stories by Native American leaders, many of them women, who are leading the way through cultural grounding and nation-building in the areas of community, environmental justice, and economic justice. Authors in the collection come from over a dozen Native nations, including communities in Alaska and Hawaiʻi. Chapters are grouped by themes of challenging philanthropy, protecting community resources, environmental justice, and economic justice. While telling their stories, authors excavate the history and ongoing effects of genocide and colonialism, reminding readers how philanthropic wealth often stems from the theft of Native land and resources, as well as how major national parks such as Yosemite were "conserved" by forcibly expelling Native residents. At the same time, the authors detail ways that readers might imagine the world differently, presenting stories of Native community building that offer benefits for all. Accepting this invitation to reset assumptions can be at once profound and pragmatic. For instance, wildfires in large measure result from recent Western land mismanagement; Native techniques practiced for thousands of years can help manage fire for everyone's benefit. In a world facing a mounting climate crisis and record economic inequality, Invisible No More exposes the deep wounds of a racist past while offering a powerful call to care for one another and the planet. Indigenous communities have much to offer, not the least of which are solutions gleaned from cultural knowledge developed over generations.
It Should Be Easy to Fix by
In 1977, Bonnie Robichaud accepted a job at the Department of Defence military base in North Bay, Ontario. After a string of dead-end jobs, with five young children at home, Robichaud was ecstatic to have found a unionized job with steady pay, benefits, and vacation time. After her supervisor began to sexually harass and intimidate her, her story could have followed the same course as countless women before her: endure, stay silent, and eventually quit. Instead, Robichaud filed a complaint after her probation period was up. When a high-ranking officer said she was the only one who had ever complained, Robichaud said, "Good. Then it should be easy to fix." This timely and revelatory memoir follows her gruelling eleven-year fight for justice, which was won in the Supreme Court of Canada. The unanimous decision set a historic legal precedent that employers are responsible for maintaining a respectful and harassment-free workplace. Robichaud's story is a landmark piece of Canadian labour history--one that is more relevant today than ever.
Kwanlin Dun by
"Dä́kwändür Ghay Ghàkwädīndür Our Story in Our Words tells the story of the peoples of the Kwanlin Dun First Nation, from thousands of years ago to the present day. This richly illustrated book includes traditional stories from long ago, told by Elders, about the origins of the world and the aftermath of a great flood, about The Double Winter; and &The Girl Who Married the Bear. Several stories appear in Tlingit, Tagish, Northern Tutchone, or Southern Tutchone, to share these original languages of Kwanlin Dun with the next generation. The lives of early inhabitants of the Southern Yukon are imagined with reference to archaelogical finds and scientific understandings. Elders also share stories about the arrival of white people, about the Gold Rush days and the building of the Alaska Highway, and all the intense challenges that Kwanlin Dun faced. KDFN citizens recall the decades-long land claims struggle that culminated in the KDFN Final Agreements in 2005. And the many nation-building accomplishments since then are celebrated with an eye to much success ahead. Throughout the book are striking historical pictures, beautiful contemporary artwork, and vivid photographs of the land.
"Dä́kwändür Ghay Ghàkwädīndür;Our Story in Our Words is a wide-ranging story, told in many unique voices, that celebrates the values, endurance, and accomplishments of the Kwanlin Dun First Nation.
Legal Epidemiology by
Explore how the law shapes and influences public health In the newly revised second edition of Legal Epidemiology: Theory and Methods, a team of distinguished researchers delivers a thorough primer on the problems that arise in legal epidemiology--and potential solutions to those problems. Following an introduction to the basic concepts of the field in Part One, the book offers a rich collection of theories that researchers have used to study how law influences behavior in Part Two. The book also covers the special questions of measurement that arise when law is the independent variable and the various study designs for legal epidemiology. Drawing on the full range of social, psychological, sociological, and sociolegal disciplines to better understand, measure, and predict how much laws will influence health-relevant behaviors and environments, the editors have also included works that: Discuss the frameworks for legal epidemiology, including explorations of law in public health systems and services Examine how law influences behavior, including discussions of criminological theories, procedural justice theory, and economic theory Explore the design of legal epidemiology evaluations, including natural experiments, randomized trials, and qualitative research An essential and engaging resource for experienced social science researchers, health scientists, legal scholars, and policy analysts, Legal Epidemiology: Theory and Methods will also benefit students, novice scientists, and non-scientists seeking a general orientation to the subject.
Life Sentence by
A riveting blend of true crime and memoir, following the unravelling of a New Brunswick family after a brutal murder. On December 15, 1974, when Amy Bell was one year old, the city of Moncton, New Brunswick, was consumed with the search for two missing police officers -Corporal Aurèle Bourgeois and Constable Michael O'Leary. They had been abducted by petty criminals Richard Ambrose and James Hutchison after a kidnapping that had scored them $15,000. The search would lead to a clearing in the woods where the officers were found -- murdered, and buried in shallow graves. Amy's father, Ed Bell, stepped up to defend the killers. His unpopular stance-"every person accused of a crime deserves a defence" -- eventually led to the ruin of his career and his marriage, and Amy and her brother lived with the aftereffects: poverty and isolation. Ed Bell never spoke of his involvement in this case. It wasn't until forty-two years later, when he lay dying, that Amy, now a crime historian, stumbled upon a Polaroid photograph of one of the killers among her father's things. That discovery led her on a search for answers. Life Sentence: How My Father Defended Two Murderers and Lost Himself is a riveting work that fuses personal and criminal justice history to tell the story of a horrific crime and examine its terrible costs. Includes personal and archival news images.
The Lost Ones by
A BUSTLE BEST BOOK OF THE MONTH TIME MAGAZINE SUMMER READ RECOMMEND Finalist for the International Thriller Writers, Strand Critics, and Barry Award for Best First Novel "A brave, unflinching heroine and brave, unflinching writing add up to an extraordinary debut--highly recommended."--Lee Child A dark, compulsively readable psychological suspense debut, the first in a new series featuring the brilliant, fearless, chaotic, and deeply flawed Nora Watts--a character as heartbreakingly troubled, emotionally complex, and irresistibly compelling as Stieg Larsson's Lisbeth Salander and Jo Nesbø's Harry Hole. It begins with a phone call that Nora Watts has dreaded for fifteen years--since the day she gave her newborn daughter up for adoption. Bonnie has vanished. The police consider her a chronic runaway and aren't looking, leaving her desperate adoptive parents to reach out to her birth mother as a last hope. A biracial product of the foster system, transient, homeless, scarred by a past filled with pain and violence, Nora knows intimately what happens to vulnerable girls on the streets. Caring despite herself, she sets out to find Bonnie with her only companion, her mutt Whisper, knowing she risks reopening wounds that have never really healed--and plunging into the darkness with little to protect her but her instincts and a freakish ability to detect truth from lies. The search uncovers a puzzling conspiracy that leads Nora on a harrowing journey of deception and violence, from the gloomy rain-soaked streets of Vancouver, to the icy white mountains of the Canadian interior, to the beautiful and dangerous island where she will face her most terrifying demon. All to save a girl she wishes had never been born.
The Making of Lawyers' Careers by
An unprecedented account of social stratification within the US legal profession. How do race, class, gender, and law school status condition the career trajectories of lawyers? And how do professionals then navigate these parameters? The Making of Lawyers' Careers provides an unprecedented account of the last two decades of the legal profession in the US, offering a data-backed look at the structure of the profession and the inequalities that early-career lawyers face across race, gender, and class distinctions. Starting in 2000, the authors collected over 10,000 survey responses from more than 5,000 lawyers, following these lawyers through the first twenty years of their careers. They also interviewed more than two hundred lawyers and drew insights from their individual stories, contextualizing data with theory and close attention to the features of a market-driven legal profession. Their findings show that lawyers' careers both reflect and reproduce inequalities within society writ large. They also reveal how individuals exercise agency despite these constraints.
Many Nations under Many Gods by
The lands the United States claims sovereignty over by right of the Doctrine of Discovery are home to more than five hundred Indian nations, each with its own distinct culture, religion, language, and history. Yet these Indians, and federal Indian law, rarely factor into the decisions of the country's governing class--as recent battles over national monuments on tribal sites have made painfully clear. A much-needed intervention, Many Nations under Many Gods brings to light the invisible histories of several Indian nations, as well as their struggles to protect the integrity of sacred and cultural sites located on federal public lands. Todd Allin Morman focuses on the history of Indian peoples engaging in consultation, a process mandated by the National Environmental Policy Act and the Indian Religious Freedom Act whenever a federal agency's proposed action will affect land of significance to indigenous peoples. To understand this process and its various outcomes first requires familiarity with the history and culture that make these sites significant to particular Indian nations. Morman provides this necessary context for various and changing indigenous perspectives in the legal process. He also examines consultation itself in a series of case studies, including Hopi efforts to preserve the sacred San Francisco Peaks in the Coconino National Forest from further encroachment by a ski resort, the Washoes' effort near Lake Tahoe to protect Cave Rock from an influx of rock climbers, the Forest Service's plan for the Blackfeet site Badger-Two Medicine, and religious freedom cases involving the Makahs, the Quechans, the Western Apaches, and the Standing Rock Sioux. These cases illuminate the strengths and dangers inherent in the consultation process. They also illustrate the need, for Natives and non-Natives alike, to learn the history of North America in order understand the value of protecting the many cultural and sacred sites of its many indigenous peoples. Many Nations under Many Gods reveals--and works to meet--the urgency of this undertaking.
The Profit Motive by
What responsibility, if any, does a corporation have to society? How should corporations balance environmental, social, and governance factors? The Profit Motive addresses these questions of corporate purpose using historical, legal, and economic perspectives. Stephen M. Bainbridge enters the debate around corporate social responsibility to mount an unabashed defense of shareholder capitalism and maximizing shareholder value. The book offers context for the current questions about corporate purpose, and provides a reference going forward. Direct and corrective, The Profit Motive argues that shareholder value maximization is not only required by law, but what the law ought to require.
Property Law by
The first book of its kind, Property Law: Comparative, Empirical, and Economic Analyses, uses a unique hand-coded data set on nearly 300 dimensions on the substance of property law in 156 jurisdictions to describe the convergence and divergence of key property doctrines around the world. This book quantitatively analyzes property institutions and uses machine learning methods to categorize jurisdictions into ten legal families, challenging the existing paradigms in economics and law. Using other cross-country data, the author empirically tests theories about property law and comparative law. Using economic efficiency as both a positive and a normative criterion, each chapter evaluates which jurisdictions have the most efficient property doctrines, concluding that the common law is not more efficient than the civil law. Unlike prior studies on empirical comparative law, this book provides detailed citations to laws in each jurisdiction. Data and documentation are publicly available on the author's website.
Public Health Crisis Management and Criminal Liability of Governments by
This book addresses potential avenues of criminal liability for public health crisis management in the context of the COVID-19 pandemic, under national and international criminal law, especially for causing death and bodily harm. The national case studies are geographically representative and follow a common research grid. Each national case study is prefaced by an overview of the detection and subsequent spread of the pandemic in the country concerned. The relevant legal and constitutional frameworks that governed the government and corporate conduct in the face of the pandemic are also discussed, followed by the consideration of forms of criminal liability. Government responses to the COVID-19 pandemic differed vastly in terms of both the choice of strategies adopted (herd immunity, test-and-trace, lockdown, etc) and the quality and speed of government implementation of those strategies and associated interventions. Both factors impacted the number of infections and casualties. It is therefore appropriate to consider forms of criminal liability for failure of individual members of government, including specific public authorities, to act to the best of their abilities, as timely as possible, and in accordance with expert advice.
Sexual Harassment, Law and Human Rights in Africa by
This book delves into the endemic and pervasive issue of sexual harassment in Africa, examining it as a gendered expression of power and a gross violation of human rights. It explores sexual harassment in various sectors, including domestic work, academia, and the informal economy, across a range of African countries. The book also highlights the sexual harassment experienced by vulnerable populations, such as internally displaced people, people with disabilities, and women and girls traveling by air. With a keen focus on the intersection of law, feminism, and human rights, the book analyzes the role of the courts and national human rights institutions in addressing sexual harassment, drawing lessons from other jurisdictions. This book is a must-read for researchers, policymakers, and civil society organizations interested in gender power relations and women's rights in Africa and beyond.
Sociology of Law by
Sociology of Law introduces readers to an interdisciplinary understanding of law. It orients the reader to the field and encourages critical dialog. The earlier chapters develop key conceptual tools in studying the content of chapters that follow. Part 1 includes orientations, law in action and the three classic thinkers--Emile Durkheim, Max Weber and Karl Marx. Part 2 includes chapters on sociological jurisprudence, critical legal studies and their offsprings, structural functionalism, semiotics and law, socio-legal semiotics, postmodernism and post-postmodernism. The orientation of the book is critically constructive, with an eye toward examining what is, particularly the included and excluded voices in law, and how things can be otherwise. It challenges conventional understanding of how law functions, situating the field in a historically evolving context and particular political economies. It can be used both at the undergraduate and graduate levels as well as in law school. Readers seeking a general understanding, as well as researchers seeking a reference resource for a comprehensive statement with which to engage, will find the book essential reading. The fourth edition of Sociology of Law has been greatly revised. Many new developments in the field have necessitated a wider framework and significant updating.
Thresholds of Accusation by
This critical socio-legal history probes pretrial accusations through which colonial criminal law forged social orders for settler-colonialism across western Canada, focusing on Alberta, 1874-1884. Following military intelligence, a Northwest Mounted Police force was established to compel Dominion law. That force began by deploying accusatory theatres to receive information about crimes, arrest suspects, and decide via preliminary examination who to send to trial. George Pavlich draws on exemplary performances of colonial accusation to show how police officers and justices of the peace translated local social lore into criminal law. These performances reflected intersecting powers of sovereignty, disciplinarily, and biopolitics; they held accused individuals legally culpable for crimes and obscured social upheavals that settlers brought. Reflecting on colonial legacies within today's vast and unequal criminalizing institutions, this book proposes that we seek new forms of accusation and legality, learning from Indigenous laws that tackle individual and collective responsibilities for societal disquiet.m Indigenous laws that tackle individual and collective responsibilities for societal disquiet.m Indigenous laws that tackle individual and collective responsibilities for societal disquiet.m Indigenous laws that tackle individual and collective responsibilities for societal disquiet.
The UN Convention on the Elimination of All Forms of Discrimination Against Women and Its Optional Protocol by
This volume is the fully revised and updated version of the first comprehensive commentary on the 'Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol'. It reflects the developments during the decade following the publication of the first edition in 2012, which has also seen a notable rise in individual complaints (more than 85), ten new General Recommendations, and six new inquiry procedures as well as numerous statements, partly in conjunction with other UN human rights bodies. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'. At a time when the backlash against women's human rights and the concept of gender-based discrimination is increasingly challenged by governments and powerful societal actors, the Commentary is an important instrument to hold all state powers to account on their international obligations under the Convention.The Commentary analyses the interpretation of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol, including a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations, and case law under the Optional Protocol (individual complaints and inquiries), through which the Committee has interpreted and applied the Convention. Each chapter is self-contained, but the Commentary is conceived of as an integral whole. The book also includes an introduction which provides an overview of the Convention and its embedding in the international law of human rights as well as the most recent challenges to women's human rights worldwide.
The United Nations and the Question of Palestine by
Contrary to conventional wisdom, there has been a continuing though vacillating gulf between the requirements of international law and the UN on the question of Palestine. This book explores the UN's management of the longest-running problem on its agenda, critically assessing tensions between the organization's position and international law. What forms has the UN's failure to respect international law taken, and with what implications? The author critically interrogates the received wisdom regarding the UN's fealty to the international rule of law, in favour of what is described as an international rule by law. This book demonstrates that through the actions of the UN, Palestine and its people have been committed to a state of what the author calls 'international legal subalternity', according to which the promise of justice through international law is repeatedly proffered under a cloak of political legitimacy furnished by the international community, but its realization is interminably withheld.
Ways of being in the world : an introduction to Indigenous philosophies of Turtle Island by
"Ways of Being in the World is an anthology of the Indigenous philosophical thought of communities across Turtle Island, offering readings on a variety of topics spanning many times and geographic locations. It was created especially to meet the needs of instructors who want to add Indigenous philosophy to their courses but are unsure where to begin—as well as for students, Indigenous or otherwise, who wish to broaden their horizons with materials not found in the typical philosophy course. This collection is an invitation to embark on a relationship with Indigenous peoples through the introduction of their philosophical thoughts."
Advanced Introduction to European Union Law by
Elgar 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 thoroughly updated second edition of Advanced Introduction to European Union Lawprovides an essential overview of the diverse fields of EU law and their relevant politics. In precise but accessible language, Jacques Ziller analyses the latest developments in EU law following Brexit, the Covid-19 pandemic, and the Russia-Ukraine war, focusing on the main fields of action for the EU: the internal market, area of freedom, security and justice, and external action. Key Features: Citations of critical legal texts to aid clarity for readers Insights on the EU's founding treaties and how they have developed over time Analysis of the interactions and relations between the EU and its member states Discussion of both the legal and political aspects of the EU's policies and institutions Providing an engaging entry point into the study of EU law, this Advanced Introduction will prove invaluable for students and academics in law, political science, and economics. It will also be an important resource for officials within the EU and its member states seeking a deeper understanding of the EU's many laws and policies.
Advanced Introduction to International Water Law by
Elgar 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 policy issues associated with discrete subject areas. This Advanced Introduction to International Water Lawprovides an overview of the key international rules, principles and institutions involved in the use and protection of shared international freshwater resources. Incisive and comprehensive, this book explores the core principles and key developments in international water law. Chapters examine the emergence of the ecosystem approach to transboundary water management; the phenomenon of convergence, by which international water law borrows from (and contributes to) other fields of international law; and the emergence of the UN Sustainable Development Goals as a global driver for implementation of a universally accepted sustainable development framework for shared international water resources. Key Features: Summarises established practices in the field of transboundary water cooperation Deftly explores the evolving objectives of international water law and the key drivers affecting these changes Highlights procedural engagement and institutional cooperation as an integral requirement of international water law Examines the necessity of related fields of international law when managing shared international water resources This authoritative Advanced Introduction will be a crucial read for legal scholars and students working in the fields of international water; environmental, climate and natural resources law; environmental politics; international relations; water resources management and development studies. It will also benefit governmental and intergovernmental officials employed by relevant national ministries and international organisations.
Artificial Justice by
Imagine that Eric, a young man, has been convicted of a gang-related crime: he was found by police at the scene of a robbery carried out by his friends. The sentencing judge now needs to make a decision. Not knowing whether Eric poses a risk to the public, she turns to an algorithmic risk assessment - a set of rules, developed on the basis of correlations between individual characteristics and criminal activity, which predicts the likelihood of recidivism. Eric is a conscientious citizen, who has never before been in trouble with the law. However, he was raised in foster care, in an area with high rates of crime, poverty, and residential instability- facts to which the algorithm attributes a high risk score. The judge recommends a sentence of the maximum possible duration, with extended post-release supervision. Why does this matter? The answer most often given is that it matters because of inequality, captured through the language of 'bias' or 'discrimination': the effect of using algorithms can be to exacerbate unjustified differences between people, on the basis of considerations such as race, sex, or socio-economic circumstance. Using a diverse set of case studies, and making clear policy recommendations along the way, Artificial Justice unpacks the reasons that we might have to object to the use of statistical algorithms to allocate the burdens of policy decisions. It argues that these reasons extend beyond egalitarian concerns. Importantly, they include reasons that stem from the value of individual choice - of having the chance to affect what happens to us by choosing appropriately and being equipped to exercise those choices well. The book explores the substantive reasons that contribute to a picture of what's at stake for individuals when we use statistical algorithms to make decisions about how to treat others, and makes robust policy recommendations about the scope and nature of human-algorithm interaction. Artificial Justice is a compelling and accessible text, which offers a great deal to a wide and interdisciplinary audience of academics, students, and those otherwise interested in learning about algorithmic justice.
Beware Euphoria by
Beware Euphoria uncovers the roots of America's moral obsession with drug regulation, offering a lively and fascinating history of the nation's racialized fear of intoxication. Challenging the idea that early antidrug laws in the US arose from racial animus, George Fisher instead shows in textured detail how US drug laws were driven by a deep-seated cultural taboo against euphoria and a preoccupation with white moral integrity.From nineteenth-century opium dens to the war on cocaine and cannabis, and more, Fisher offers a vivid tour of the sites of conflict, along with a convincing case for how the moral discourses and social contexts of the day pit drugs against the law. Bringing this history up to the present, Fisher shows how the racial dynamic has changed dramatically. As harsher penalties swell prisons with mostly nonwhite dealers, antidrug laws have come under renewed scrutiny as a tool of racial oppression. The book closes with an examination of cannabis legalization, driven in part by the movement for racial justice.
Big Data and Armed Conflict by
This book provides a pathbreaking attempt both to define the important legal questions related to the growing use of "big data" in extraterritorial military operations, and to begin to provide some answers. Big data, meaning the troves of data generated by new information technologies and the advanced analytics used to process that data, is radically reshaping the modern battlefield. Like many new military technologies and capabilities, the myriad uses of big data present broad questions about how to translate existing rules and principles embedded in multiple bodies of law to these new contexts, both within armed conflict, as part of adversarial activities below the armed conflict threshold, and in a range of related operations that increasingly use, deploy, and target such data. These questions extend beyond the role of big data within weapons systems and other military capabilities to questions about the nature of civilian harm, scope of individual rights, atrocity investigation, and humanitarian relief. The chapters in this book comprise the first initiative to grapple with a wide swath of these questions including whether, and how, jus ad bellum, international humanitarian law, international human rights law, and international criminal law might apply to operations involving big data. At the same time, because big data is so transformative, the uses of such data provoke deeper questions about the law itself, exposing gaps and interpretive ambiguities in existing legal frameworks that generate critiques of those frameworks as inadequate. Accordingly, while big data holds enormous promise, it also has the potential to disrupt modern warfare and the rule of law itself. This book confronts these issues directly, offers a range of approaches, and suggests an initial roadmap for scholars and practitioners alike.
Catholic Social Teaching and Labour Law by
Catholic Social Teaching and Labour Law explores the contribution that religious ethics makes to debates on justice in working life. Many faiths include beliefs about the significance of work to human development and the need for work to be performed under conditions that uphold dignity, equality, and solidarity . This book considers how the substantive provisions of labour law reflect prior ethical choices about how workers should be treated, and how beliefs from Catholicism influence these. This book provides a thorough account of the principles found in Catholic Social Teaching (CST), and how these impact human work and labour rights . It tests the contemporary relevance of its principles by applying them to current debates, using EU labour law as a case study. Specifically, it examines CST on the right to a just wage, the right to rest, worker participation, and equality and discrimination. The book finds that CST offers fresh insights on long-standing injustices in the labour market, such as low wages or poor working conditions, and also sheds light on emerging challenges such as ensuring rest in an era of digital connectivity. The book recognizes that tensions arise in areas where the Church's beliefs diverge from those that prevail in a secular understanding of human rights. This is particularly evident in debates relating to equality. It concludes that faith-based perspectives should be included in pluralistic dialogue on the future of labour law.
Childhood Experiences of Family Violence Among Racialized Immigrant Youth: Case Studies by
Envisioned to serve as a training tool for human service professionals, the book, “Childhood experiences of family violence among racialized immigrant youth: Case studies,” provides narratives of the direct and indirect experiences of family violence, its impacts and survival by racialized immigrant youth in their childhood. The case narratives have been constructed from the phenomenological interviews conducted with twelve racialized immigrant youth as they described and interpreted their experiences of violence. Guided by theoretical frameworks such as Anti-Colonialism, Critical Race Theory, a rights-based approach to children and Anti-Oppressive practice, with concepts of the Best Interest of the Child and Coercive Control, the narratives shed light on how, in the case of racialized immigrant children, their experiences of family violence are complicated by systemic violence. In bringing to light the role of systemic violence, the book provides a new direction to effectively address family violence in the case of racialized immigrant children.
Climate Migration: Critical Perspectives for Law, Policy, and Research by
This book investigates the epistemological and ethical challenges faced by studies exploring the relations between climate change and human migration. At the heart of the contemporary preoccupation with climate change is a concern for its societal impacts. Among these, its presumed effect on human migration is perhaps the most politically resonant, regardless of whether that politics is oriented towards human or national security.
There is, however, a problem: research on the causal link between climate change and migration has shown it to be a highly equivocal one. By extension, it remains unclear what - if any - response is required from law and policy.
Coherence Between Data Protection and Competition Law in Digital Markets by
In digital markets, data protection and competition law affect each other in diverse and intricate ways. Their entanglement has triggered a global debate on how these two areas of law should interact to effectively address new harms and ensure that the digital economy flourishes. Coherence between Data Protection and Competition Law in Digital Markets offers a blueprint for bridging the disconnect between data protection and competition law and ensuring a coherent approach towards their enforcement in digital markets. Specifically, this book focuses on the evolution of data protection and competition law, their underlying rationale, their key features and common objectives, and provides a series of examples to demonstrate how the same empirical phenomena in digital markets pose a common challenge to protecting personal data and promoting market competitiveness. A panoply of theoretical and empirical commonalities between these two fields of law, as this volume shows, are barely mirrored in the legal, enforcement, policy, and institutional approaches in the EU and beyond, where the silo approach continues to prevail. The ideas that Majcher puts forward for a more synergetic integration of data protection and competition law are anchored in the concept of 'sectional coherence'. This new coherence-centred paradigm reimagines the interpretation and enforcement of data protection and competition law as mutually cognizant and reciprocal, allowing readers to explore, in an innovative way, the interface between these legal fields and identify positive interactions, instead of merely addressing inconsistencies and tensions. This book reflects on the conceptual, practical, institutional, and constitutional implications of the transition towards coherence and the relevance of its findings for other jurisdictions.
Communication Exercises for Justice Cluster by
Communication Exercises for Justice Cluster is an interactive textbook that will help students preparing for careers in law enforcement to develop stronger communication habits. This resource is pedagogically-informed: its author taught communication courses to students in Police Foundations; Protection, Security, Investigations; and Justice Services programs at Mohawk College in Hamilton, Ontario for many years. The contents include a mix of explanatory text and H5P learning objects (ex. sequencing activities, drag-and-drop, and structure strip templates).
Constitutionally Conforming Interpretation - Comparative Perspectives by
This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and international contexts. In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice. Together with volume 2, which explores the canon's use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.
Data Sovereignty by
Who, if anyone, should regulate the internet? Governments around the world have answered this question robustly: they will. Data sovereignty-the exercise of control over the internet-is the ambition of world leaders as a natural extension of traditional sovereignty and as a bulwark against the reach of foreign power. The question posed to governments now is not who should regulate the internet, but how should it be done. Data Sovereignty: From the Digital Silk Road to the Return of the State focuses on the question of territorial control over data flows and attempts by national and regional governments to place limits on the free movement of data across a global internet. Drawing on theories in political economy, international law, human rights, and data protection, this volume offers new theoretical perspectives and thought-provoking ideas about the nature and scope of data sovereignty. It examines the extent to which new technologies, such as artificial intelligence, robotics, and automation, pose challenges to data sovereignty and how those challenges might be addressed. In chapters that are both descriptively comprehensive and analytically rich, the book explains the national, regional, and international legal frameworks for regulating the digital economy. Professors Anupam Chander and Haochen Sun have assembled a distinguished team of experts across multiple fields to address the promise and pitfalls of data sovereignty in the context of trade liberalization, data localization, and human rights protection. In a world that is still grappling with the scope of the internet, Data Sovereignty offers a timely and thorough investigation of the ongoing conflict between the state and the internet. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
Elgar Concise Encyclopedia of Aviation Law by
The Elgar Concise Encyclopedia of Aviation Lawprovides a comprehensive overview of the evolution of the dynamic field of aviation law. Curated by two internationally recognized scholars in the field, entries are written by a wealth of specialist academics, legal experts, practitioners, and representatives of global institutions. The Encyclopedia provides a state-of-the-art review of over 130 topics, addressing recent developments as well as current trends and perspectives. Entries include, but are not limited to, in-depth examinations of the basic concepts of international and European aviation law, safety regulation, protection of the environment, management of and competition in the air transport market, the role of stakeholders (including the United States, the European Union, airports, and air traffic controllers), the operation of drones and state aircraft, criminal acts affecting aviation, as well as discussions pertaining to the liability of stakeholders for the compensation of damages. The Encyclopedia delivers high-level analyses on aviation-related topics whilst remaining accessible to academic scholars, researchers, and professionals working in the area. The Encyclopedia is a rich and authoritative reference point for all scholars, students, legal practitioners, and industry professionals connected with this rapidly developing and fascinating sector. Key Features: A pioneering Encyclopedia highlighting recent developments and key topics in the field Over 130 entries written by leading scholars and practitioners Comprehensive coverage of the origins, evolution of, and future trends in aviation law
Energy Dependence and Supply Security by
Russia's 2022 invasion of Ukraine administered an unprecedented shock to the European and global energy markets, triggering emergency interventions and market reforms to limit the impact of the crisis on energy prices and supply security. More fundamentally, the supply shock sparked a profound reappraisal of foreign supply and infrastructure dependencies (for example, on China), leading states to adopt new legal initiatives to strengthen the resilience of their clean energy supply chains. Energy geopolitics and supply security are now firmly back at the centre of global energy policy, and in this new geopolitical reality, we critically need to reassess the role of energy law in the creation - and avoidance - of dangerous energy dependencies. Using the 2022 energy crisis as core example, Energy Dependence and Supply Security offers a legal analysis of energy trade and investment as a tool of geopolitical power, an issue seldom considered outside of economic statecraft and energy geopolitics. Anatole Boute's timely analysis illustrates the paradox of energy law and security: legal instruments of energy security have helped create the supply and infrastructure dependencies that allowed for the weaponization of energy. The book examines the legal responses adopted by the European Union to the impact of the Russian energy shock, reflecting on strategies to avoid similar disruptions in the clean energy industry. In turn, it proposes innovative supply security reforms that would allow dependencies to be managed, while still preserving the international collaboration that is needed to accelerate the transition to clean, affordable, and secure energy systems.
EU Justice and Home Affairs Law by
EU Asylum and Immigration Law sets out the institutional framework and offers comprehensive coverage and analysis of EU legislation and case law as they relate to immigration, asylum, visas, and border controls. Fully updated to include a significant volume of new case law and legislation between 2015 and 2023, this volume includes detailed commentary on the law relating to qualification as a refugee, forms of protection, the treatment of refugees and asylum seekers (including the Dublin rules allocating asylum seekers between Member States), the Schengen rules on borders, EU security databases, Frontex, as well as all aspects of legal migration, expulsion and readmission, and immigration detention. The new edition addresses the human rights issues arising in these areas and the ongoing developments of the law, including discussion of proposed new legislation and the use of new or expanded EU border control databases. Steve Peers' seminal text, EU Justice and Home Affairs Law, appears in its fifth edition and is available in two separate volumes covering asylum and immigration law and criminal law, policing, and civil law. This edition is the definitive guide to these intricate, contentious, and fast-developing areas of EU law, and will be invaluable to scholars, practitioners, and students in the field.
EU Procedural Law by
EU Procedural Law provides a rigorously structured analysis of the system of judicial protection in the European Union and the procedure before the Union Courts (the Court of Justice and the General Court). It examines the various types of proceedings which may be brought before the Union Courts, such as the actions for infringement, annulment, failure to act, and damages, along with special forms of procedure involving, for example, interim relief, appeals, staff cases, and intellectual property rights. It also addresses the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between European Union law and the national procedural and remedial frameworks more generally. Throughout, this book takes account of important jurisprudential and institutional developments, including the restructuring of the EU judicial system and reforms in the procedure of the Union Courts. In its second edition, this thoroughly updated work will continue to be the first port of call for practitioners, civil servants, and academics seeking guidance on the various components of EU procedural law.
Facing Authority by
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International license. It is free to read at Oxford Academic and offered as a free PDF download from OUP and selected open access locations. Political protest is often at least partially about the question of legitimacy. How can we distinguish whether a regime is legitimate, or merely purports to be so? In Facing Authority, Thomas Fossen develops a new philosophical approach to political legitimacy, interweaving analyses of key concepts (including representation, identity, and temporality) with examples of real-life struggles for legitimacy, from the German Autumn to the Arab Spring. Instead of asking "what makes authorities legitimate?" in the abstract, Fossen investigates how the question of legitimacy manifests itself in practice. Facing Authority proposes that judging legitimacy is not simply a matter of applying moral principles, but of engaging in various forms of political contestation: over the representation of power (what is the nature of the regime?), collective selfhood (who am I, and who are we?), and the meaning of events (what happened here--a coup, or a revolution?). Fossen argues that these questions constitute the heart of the question of legitimacy, but thus far have been neglected by theorists of legitimacy. Compelling and original, Facing Authority is a pragmatist alternative to predominant moralist and realist approaches to legitimacy in political philosophy.
Free Speech and Turbulent Freedom by
A brisk, practical defense of free speech in America's digital public square that calls on the courts to reject the censors' absolutism, enforce enduring First Amendment principles, and restore a vigorous and robust marketplace of ideas. A vast censorship regime has smothered America's digital marketplace of ideas, squelching free speech on vital policy issues ranging from public health to electoral politics. Its supporters regard its benefits as morally and politically beyond question. They contend it's carried out by private social media platforms, not governmental authorities. And they insist their partnership is voluntary, not coerced. In Free Speech and Turbulent Freedom, Michael J. Glennon offers a timely and incisive response. The censors are short-sighted, he argues. Quibbling over outdated distinctions misses the real threat--which is the fusion of public and private power into a modern-day cartel able to overleap longstanding constitutional safeguards. American democracy, he argues, rests on a decentralized marketplace of ideas independent of the government. In crisp, trenchant terms, Glennon shows how concrete practical concerns justify protecting admittedly harmful online speech--even speech that advocates violence or embraces hatred or apparent falsehood. The intellectual journey of Justice Oliver Wendell Holmes Jr. from absolutist to skeptic, he suggests, illuminates the value of political pluralism and the perils of the censors' delusory certitude. To safely self-correct, democracy requires open channels of political communication. Glennon calls on the courts to unblock those channels--to measure such speech against enduring First Amendment precepts rather than pliable international norms--and to protect the speech interests not merely of the government and Big Tech, but of all participants in the marketplace of ideas. That includes what's often overlooked: Americans' right to hear. Without robust judicial protection, the specious attractions of censorship--and the absolutist certitude that drives it--will destroy America's marketplace of ideas and, with it, any hope of political self-renewal.
The Germ of Justice by
General jurisprudence is the theory of law in general, identifying features that law has wherever and whenever legal institutions exist. But it is no hermetic inquiry. Law depends on, and has consequences for, politics and morality. In The Germ of Justice, one of the subject's prominent exponents disentangles these relationships. Professor Leslie Green probes three clusters of problems: the nature of law as a social construction, the relations between law and morality, and the demands that law makes of its officers and its subjects. Along the way, Green asks what jurisprudence can learn from the social sciences, how it is related to the humanities, how it might make progress, and why it is of value. This wonderful and accessible text engages leading theories of law and key works of Hume, Kelsen, Hart, Dworkin, Finnis, and Raz. The Germ of Justice is a must-have work in contemporary jurisprudence and a powerful contribution to political theory and moral philosophy.
Handbook of Forensic Social Work by
Forensic social work is a unique practice field that interfaces with criminal justice or legal systems at the micro, mezzo, and macro levels of practice. The Handbook of Forensic Social Work Practice provides important reference content that explores the multiple facets of the justice system, the differential nature by which people, families, and communities navigate it, and the various ways social workers interface with the criminal justice system with associated client populations. The Handbook is an essential and accessible resource for social workers in forensic practice that synthesizes current theory, policy, and practice. This comprehensive tool for social workers engaged in forensic practice will assist in knowledge and skill acquisition to enhance effective social work delivery.
How to Set up and Run a Law Clinic by
This accessible How To Guideprovides practical, expert guidance on how to successfully set up and run a law clinic. Donald Nicolson, JoNel Newman and Richard Grimes explore the process of designing a clinic to address unmet legal needs, enhance student learning, and maximise the additional benefits of a clinic. How to Set up and Run a Law Clinicis a comprehensive guide to the theory and practice of running a clinic. Based on the authors' first-hand experience, the book analyses a variety of day-to-day issues that can arise when setting up a law clinic and provides invaluable solutions to these commonly occurring challenges. In investigating how clinics may be run, and what services they can provide, the book investigates possible tensions between educational and social justice objectives, and how they may be resolved to meet these dual aims. The book examines how the expectations of all stakeholders, including those with regulatory oversight of clinical activities, can be managed and met. Those working within law schools who are wishing to set up or expand law clinics will find this book to be highly useful. It will be a valuable resource for those aiming to enhance employability and experiential learning offerings. Students, and legal practitioners, wishing to gain insight into the value of clinical work will also find this to be a helpful guide.
A Human Rights-Based Approach to Justice in Social Work Practice by
At its founding, social workers were human rights defenders who advocated for societal reforms and fought against social exclusion and discriminatory practices that violated human rights. As social work grew and developed professional skill sets, values, and ethics, the focus turned toward professionalizing social work by creating theories and interventions to guide social work practice, and justice was no longer the driving force. The role of social workers as human rights defenders faded as the place of justice in social work receded. Social work practice moved from instigating change toward maintaining the existing social infrastructure. In A Human Rights-Based Approach to Justice in Social Work Practice, Shirley Gatenio Gabel presents a human rights-based approach toward justice in social work practice that is more in line with social work's roots and the intentions of its founders, and moves us past the false micro/macro dichotomy within social work. A rights-based approach seeks to transform societies in ways that care with respect and dignity for one another. This renewed approach requires the full participation of impacted individuals and communities to create systems supportive of human rights and economic, social, and environmental justice. Readers will be challenged to think critically about the social infrastructure we have built, who benefits from it, who doesn't, and how it perpetuates inequities. Using case examples, exercises, and reflection activities, this book will serve as a go-to guide on implementing and integrating a rights-based approach to justice in social work practice.
Human Rights Due Diligence and Labour Governance by
Human rights due diligence (HRDD) has emerged as a dominant frame through which to conceptualise and operationalise responsible business conduct with respect to workers' rights in global supply chains. Legislation mandating HRDD is now found in several European countries and across various national regulatory agendas. Many scholars, practitioners, and activists are actively calling for further legalisation, believing that this will broaden respect for human rights. Yet to date, there has been little sustained scholarly analysis from a labour rights perspective. Observing that HRDD, as originally articulated in the UN Guiding Principles on Business and Human Rights, is open to multiple interpretations, this book examines global debates on the role and status of the concept. It also considers the implications of HRDD's ascension for transnational labour law as a distinct field of law, scholarship, and activism. Combining insights from transnational governance and business regulation with empirical analysis, this book argues that HRDD is not being institutionalised at either the global or national level in a way that renders it a transformative or even robust mechanism of transnational labour law. It also draws attention to the important, but largely overlooked, ways in which the rise of HRDD is leading to subtle shifts in the configuration of actors and institutions in labour governance.
The Institutional Topology of International Regime Complexes by
The implicit topology of international institutional complexes varies greatly across policy areas. In some areas, the lion's share of everyday policy cooperation is shaped by a single institution with alternative and more regional institutions operating in its shadow. In other policy fields, institutional structures appear to be different, seeing a range of non-hierarchical, decentralized, alternative institutions. The Institutional Topology of International Regime Complexes: Mapping Inter-Institutional Structures in Global Governance provides a systematic conceptualization and explanation of the evolution of these varying institutional topologies underlying regime complexes across five issue areas of Global Governance: Intellectual Property Protection, Tax Avoidance, Financial Stability, Development Aid, and Energy Governance. By providing an empirically grounded, network-based conceptualization and mapping of institutional topologies, as well as a theoretical explanation for their variation across policy space and time, the book offers a comprehensive analysis of both the empirical manifestation of inter-institutional structures across various policy fields of Global Governance and the issue specific factors that shape the varying institutional trajectories spurring (de-) centralization. Daßler combines quantitative network analyses with qualitative case studies to trace institutional decentralization processes across five highly relevant issue areas of Global Governance. This volume shows how the nature of issue-specific cooperation problems translates into disparate structures among multilateral institutions occupying the same regime complex. In light of growing concerns about the future trajectories of Global Governance in times of heightened geopolitical tensions, Daßler offers a fresh perspective to comparatively capture the profoundly varying institutional landscapes across different issue areas and their associated challenges and benefits of multilateral cooperation. Transformations in Governance is a major academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, and environmental and urban studies concerned with the dispersion of authority from central states to supranational institutions, subnational governments, and public-private networks. It brings together work that advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and Walter Mattli of the University of Oxford.
The Judicial System of Russia by
The Judicial System of Russia paints a portrait of the courts of the Russian Federation under Putin, how they work in practice, and what shapes the behaviour of its judges. It stresses the dual nature of a judicial system, where ordinary cases are for the most part handled fairly, but where cases of interest to powerful persons are subject to influence--a common situation in authoritarian states. In so doing, the authors trace the origins of some contemporary practices to the Soviet past, but also identify novelties. They pay close attention to the struggles of reformers to make the courts fairer and more efficient, along with the measures taken to ensure that judges conform to the expectations of their political masters. This means dealing with the evolution of judicial governance, including the selection, promotion, and disciplining of judges. In studying the actual operation of the courts, the authors take a socio-legal approach, emphasizing how different players (petitioners, respondents, lawyers, prosecutors, accused, judges) behave and why. This means dealing with the full gamut of courts from justices of the peace through the Supreme and Constitutional Courts and analysing their conduct in ordinary civil disputes, criminal cases, business disputes, administrative justice (claims against state officials), and constitutional matters. The authors also examine the relation of the public to the courts, including its readiness to litigate disputes despite generally negative views of the courts. This analysis of the administration of justice in Russia covers both the Constitutional Amendments of 2020 and developments relating to the first months of the 2022 War in Ukraine. It is a must read for academics, practitioners, and all those with an interest in comparative courts and Russia's judicial system.
Law and Politics of Religious Fraud Regulation by
In comparing the ways in which China, Taiwan and Hong Kong punish religious claims and practices considered by the state to be false or fraudulent, Jianlin Chen presents a seminal contribution to the interdisciplinary study of religious freedom. The book not only reveals how these legal tools sustain a hierarchy of religion, but also the political dynamic behind the design and utilization of these legal tools. Adopting a novel, comparative approach, Chen adeptly investigates various legal tools employed to regulate religious fraud in China, Taiwan and Hong Kong. Through a systematic survey of court judgments, he identifies the surprising convergences among the religious fraud regulations across the three jurisdictions. He further employs public choice analysis to tease out the reasons behind these often unconstitutional religious fraud regulations, and highlights the complicity of individuals who otherwise advocate for liberal democratic values. With its wealth of legal and political analysis, the book critically interjects in the global inquiry of religious freedom and democratic backsliding. This progressive book is an important touchstone for scholars and students in Asian studies, law and religion, criminal law and justice, and law and society.
Law for Leviathan by
For the past several centuries of Anglo-American legal thought, law has been paradigmatically understood as the product of the state. The state, operating through the legal and political institutions of its government, imposes law on the people who are its subjects. Over the same centuries, however, the development of international law and constitutional law has made the state itself subject to law. These systems of law for states necessarily work differently. For one thing, law for states must do without a super-state or government standing above the state, capable of creating and enforcing law. For another, the state is a unique kind of legal subject, calling for different behavioral models, moral standards, and regulatory techniques than those developed for ordinary people. It is precisely these differences that have long marked international law as a curious, and in many eyes dubious, form of law. Constitutional law, in contrast, has seldom been subject to the same doubts, or fully understood as different in kind from legal systems run by and through the state. As a result, constitutionalists have lagged their internationalist counterparts in coming to grips with the common project of making the state the subject rather than the source of law. By assimilating constitutional and international law as parallel projects of imposing law upon the state, and by highlighting the peculiarities of the state as a subject of law, this book aspires to close that gap, and to bring focus to Law for Leviathan as a distinctive legal form.
Looking After Miss Alexander : Care, Mental Capacity, and the Court of Protection in Mid-Twentieth-Century England by
"In July 1939, at the Royal Courts of Justice in London, fifty-nine-year-old Beatrice Alexander was found incapable of managing her own property and affairs. Although Alexander and those living with her insisted that she was perfectly well, the official solicitor took control of her home and money, evicted her "friends," and hired a live-in companion to watch over her. Alexander remained legally incapable for the next thirty years. In the mid-twentieth century, Alexander was one of about thirty thousand people in England and Wales who were, at any time, legally "incapable" and under the auspices of what is now the Court of Protection. Focusing on the period between the 1920s and the 1960s, Looking After Miss Alexander explains the workings of the court, using Alexander's unusual case to consider the complexities of this aspect of mental health law. Drawing on Court of Protection archives--some of which were made publicly available for the first time in 2019--and micro-historical methods, Janet Weston also highlights the role of chance, subjectivity, and uncertainty in shaping how events unfolded then, and the stories we tell about those events today. An engaging and accessible history of mental capacity law, Looking After Miss Alexander examines ideas of citizenship and welfare, gender and vulnerability, care and control, and the role of the state. It also offers reflections on historical research and writing itself."
The Many Paths of Change in International Law by
How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting the social dynamics through which different areas and institutional contexts have generated their own pathways, it presents a theoretical framework for tracing change processes and the conditions that affect their success. Based on this framework, each contribution illuminates the paths of change we observe in contemporary international law. The explorations centre on strategies, forms, forces, and social contexts and draw on primary source material and in-depth case studies. Overall, the volume offers a fascinating account of an international legal order in flux-with a dynamic not captured through traditional doctrinal lenses-and helps situate change processes and their varied implications in international law and politics. A relevant book for everyone wanting to understand change and its consequences in international law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.
Ownership of Proceeds of Corruption in International Law by
Recovery of proceeds deriving from corruption is now increasingly recognized as a principle of contemporary international law. However, people's sovereign and ownership rights over their wealth and natural resources have remained more theoretical than real, especially in the global fight against corruption. As a result, the populations of victim-states often cannot hold their governments accountable for misusing proceeds of corruption, and do not benefit from the recovery, repatriation, management, and use of returned proceeds. In the first comprehensive study on the issue, Kolawole Olaniyan challenges the conventional notion that sovereign and ownership rights over wealth and natural resources - and by extension, the proceeds of corruption - should be exclusively exercised by states. Olaniyan's Ownership of Proceeds of Corruption in International Law examines the relationship between the right to wealth and natural resources, proceeds of corruption, and economic activities. Focusing on victims of corruption, the book argues that victim-states' populations ought to be empowered to pursue grand corruption and asset recovery actions against their governments. It proposes theoretical and legal remedies for recovering proceeds of corruption, encouraging the development of domestic laws.
The Passing-On Problem in Damages and Restitution under EU Law by
'Passing-on' occurs when harm or loss incurred by a business is passed on to burden that business's customers or the next level of the supply chain. In this thoroughly revised and updated second edition, the authors provide the only available comprehensive examination of passing-on in damages and restitution under EU law. The analysis covers a broad range of contexts including competition damages and the repayment of charges. The book offers a systematic examination of the key questions facing parties in a passing-on situation: When can downstream claimants bring an action? How can claimants demonstrate sufficient proximity to the original harmful act or unjustified transaction? Will the possibility of passing-on be relevant to the estimation of the award? These questions are assessed for actions against the EU, a Member State and private individuals. Key Features: A specific focus on EU law and guidance that will be relevant to lawyers throughout the EU A multi-faceted and fully contextualised analysis of the defence of passing-on and the position of potential claimants downstream in the supply chain Practical suggestions for consistent approaches to passing-on in EU law across existing and future contexts Extensive updates comprising new case law and materials across all contexts examined An expansion of discussions to encompass crucial new developments since the first edition of the book This magisterial work is an invaluable point of reference for practitioners working in damages and restitution law, but also in other fields of commercial law, including competition law and consumer law. Legislators and policy-makers in the EU and beyond will also benefit from the lucid analysis of the various policy choices made in the EU and US.
Philosophical Foundations of the Law of Express Trusts by
The trust is a highly popular mode of property-holding and one of the most important innovations in the law of equity. It presents the jurist with numerous conceptual, doctrinal, and ethical challenges. In addition to being used towards the pursuit of good, trusts have also been used for ill, and the interaction of trust law with other laws agitates received principles of justice, efficiency, and coherence in the law. Trust law remains, nevertheless, under-theorized. While its technical and doctrinal aspects have been studied intensively, the foundational questions to which they give rise have remained largely unexamined. This volume takes an important step towards filling this gap. The chapters in this book explore some of these quandaries with a view to initiating and encouraging further engagement and learning. They identify different challenges and adopt a variety of methodological approaches and perspectives towards their resolution, ranging from conceptual questions about what is 'the trust' and 'trusts law', chapters analysing the legal and/or moral statuses of each of the settlor, trustee, and beneficiary, to chapters questioning the moral foundations of different trusts and range of pursuits towards which parties have deployed them.
Preventing and Combating Violence Against Women and Domestic Violence by
This Commentary provides the first comprehensive and holistic analysis of the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention). It offers a complete article-by-article guide to the Convention with reference to the explanatory report, the findings of the monitoring body (GREVIO) and relevant State practice. Contributions from more than 50 leading international academics and practitioners in the field. A set of thematic chapters dwelling on crucial issues such as intersectionality, reproductive rights, and cyber violence. Analyses of the content of each article against the background of relevant international documents such as the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women. This Commentary will be a vital resource for academics and researchers focused on preventing and countering violence against women, whether in the fields of public international law, gender studies, feminist legal studies, criminal law, or European law. Interdisciplinary in perspective andintersectional in approach, lawyers, judges, state officials, policymakers and providers of victim support services will find the Commentary's analysis an invaluable tool for the implementation of the Istanbul Convention.
Principles of Contract Law and Theory by
This informative and accessible book reviews the core concepts of contract law and theory from an Anglo-American perspective. Larry A. DiMatteo deftly analyses the key principles, rules and frameworks which have shaped Anglo-American contract law, as well as highlighting important legislative acts that have changed and modernised its development. There is a strong commonality across Anglo-American common law systems; however, there have been several critical fissures that have developed between American and English common law over the past fifty years. DiMatteo adopts a multidisciplinary approach, lucidly explaining these differences from both a theoretical and a practical perspective, using empirical evidence from case studies to support this research. The areas of divergence discussed include the duty of good faith, principle of unconscionability, promissory estoppel, contextual interpretation, and hardship. Introducing key contract law cases, this book will be an essential read for law students and scholars working in the field of commercial law, particularly those with an interest in the theoretical framework and historical context of modern contract law.
Research Handbook on International Insurance Law and Regulation by
This thoroughly revised second edition of the Research Handbook on International Insurance Law and Regulationprovides an updated assessment of the insurance industry in an international context, featuring 30 chapters, of which half are new for this edition, written by expert academics and practising lawyers. Produced in association with Lloyd's of London, chapters provide in-depth studies on key areas including judicial interpretation of insurance contract clauses and transnational regulatory recognition, as well as overviews on important international jurisdictions such as the EU, Japan and the US. This comprehensive second edition critically analyses how insurance law and regulation have responded to the growth in sophisticated technology, the burgeoning climate crisis, and the development of new insurance structures. This Research Handbook will appeal to legal students and academics, particularly those with an interest in commercial law, finance and banking law, and insurance law. This book will also be beneficial for policymakers and private practice lawyers working in the commercial legal sector.
Research Handbook on Law and Technology by
This thorough and incisive Research Handbook reconstructs the scholarly discourses surrounding the field of law and technology, recognising how it has been established over the last decade as one of the focal points of legal scholarly debate. Adopting a multidimensional approach, the Research Handbook on Law and Technologybrings together an array of esteemed experts and new voices in the field with chapters considering antitrust, artificial intelligence, consumer law, legal responses to techlaw uncertainties, internet, methodology, and human rights in the digital age. Contributors examine the interaction between various branches of law and technology and analyse specific challenges that technology poses to law and legal scholarship, using theoretical reasoning and case-specific examples to support key arguments. Ultimately, this Research Handbook encourages a critical approach when engaging with discussions on law and technology, arguing that our understanding can only be improved and developed by challenging existing paradigms. The Research Handbook on Law and Technologyis a fundamental resource for legal students, academics, researchers and practitioners interested in the legal challenges stemming from the use of different technologies. Providing a comprehensive examination of technology's multidisciplinary nature, this book will also appeal to academics in the fields of philosophy, social science, political science and public policy.
Research Handbook on Patient Safety and the Law by
Despite recurring efforts, a gap exists across a variety of contexts between the protection of patients' safety in theory and in practice. This timely Research Handbook highlights these critical issues and suggests both legal and policy changes are necessary to better protect patients' safety. Multidisciplinary in nature, this Research Handbook features contributions from eminent academics, policy makers and medical practitioners from the Global North and South, discussing the essential facets concerning patient safety and the law. It highlights how the role of legislation and case law has the potential to influence, both positively and negatively, medical practice and the quality of care. Chapters explore patient safety and the global health agenda; physiotherapy; 'non-therapeutic' clinical research with children; patient safety awareness in healthcare education; and the increasing use of robotics and artificial intelligence in healthcare. Outlining a wide range of international perspectives on patient safety and the law, this Research Handbook will appeal to academics and researchers specialising in health and medical law, human rights, and healthcare regulation. It will also serve as a valuable resource for legal and medical practitioners alike, as well as clinicians and professionals working in healthcare governance.
Rethinking Investment Law by
There is no denying that the rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states. Investment tribunals have the ability to second-guess all variety of state measures and, in doing so, have displayed a remarkable lack of restraint. Despite investment law's muscularity, without equal in international law, the prevailing orthodoxy treats investment law as a defensible and just restraint on government and politics. This volume helps to correct the prevailing view. Rethinking Investment Law illustrates how investment law protections for foreign investors constrains states and over-compensates investors. It offers a more balanced vision of how international law can protect all those affected, not just foreign investors. An expert set of contributors explain both the conventional law and its limitations. Their analysis shows that doctrines, now widely entrenched, in orthodox accounts of investment law could have taken, and could still take, a different turn. They offer a more respectful approach to states' roles and responsibilities to enact laws in the public interest. This text will be an illuminating read for students and academics in areas such as investment law and international economic law. It provides cutting-edge analysis for researchers, practitioners, and students seeking to understand and question the usual standards of treatment under investment treaties.
Rethinking Unjust Enrichment by
This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives. Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether. The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions. Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two.
The Roles of International Law in Development by
The Roles of International Law in Development provides an in-depth analysis of the relationship between public international law and development. Unlike the existing body of literature on public international law, this book investigates how international law and development interact, and evaluates the significant and multifaceted roles that international law plays in development. Bringing together a collection of perspectives from contributors working across multiple fields, the chapters explore the relevance and applicability of international law to particular sectors and issues implicated in development activities. This includes chapters on human rights, gender equality, race and discrimination, environmental law and climate change, forced displacement and migration, and international trade and investment. They analyse how international law rules and processes can influence procedural and substantive aspects of development policies as these regulate various forms of financial support, trade, technical assistance, and policy dialogue. They also explore whether, and how, development could be more effective and yield more equitable and sustainable outcomes if the relevant and applicable rules of international law were better understood, consistently incorporated, and appropriately applied to development activities. A foundational premise of this book is that development policy and practice should be grounded more systematically in international law, rejecting the notion that development law and policy comprise a 'self-contained' regime or that development is undertaken in a legal vacuum. The proposed systematic grounding in public international law would in turn help uphold international legal accountability in the context of development activities.
Shaping Contracts for Work by
Shaping Contracts for Work provides an in-depth examination of the common law's role in shaping employment contracts through the mechanism of implied terms. It constructs a theory which views the nature of the employment contract as distinct from other types of work contract. Terms implied by law into employment contracts, as well as their potential to operate in other non-standard contracts for the performance of work, are critically examined by reference to the test that courts adopt when they are asked to imply such terms. In part one, Golding provides an overarching survey of the law which governs express and implied terms in contracts. In doing so, she considers the broader judicial role in implying terms and assesses how it can fundamentally alter the nature of the relationship between contracting parties. Part two draws comparisons between England and Australia, tracing the origins and status of select terms across both jurisdictions, and exploring how the application of these terms is often presumed. Golding also examines the duties of mutual trust, confidence, and good faith in both jurisdictions, investigating their potential application in employment contracts. In part three, Golding demonstrates why courts need to better articulate their understanding of what constitutes an 'employment contract' as a distinctive class of contract. By focussing on the impact of terms implied by law, this work adds a unique dimension to the debate concerning the regulation of waged work in the context of ever-increasing non-standard modes of work.
The Taliban Courts in Afghanistan by
How did the Taliban gain the trust of the Afghan population through decades of conflict? How did they put themselves in a position to regulate social relations? And with what consequences for Afghan society? The Taliban Courts in Afghanistan: Waging War by Law explores how the Taliban used the law as a resource in its conflict with militarily and technologically superior Western armies. While the international coalition set up an inadequate and corrupt legal system, the Taliban set up hundreds of courts in the countryside. By insisting on due process, impartiality of judges, and the enforcement of verdicts, this system of justice established itself as one of the few sources of predictability in the daily lives of Afghans. The armed movement used law to substantiate their claim to embody the state, disseminate their vision of society, and establish local legitimacy. Their courts attempted to balance the political agenda of the movement, the demands of Islamic law, the needs of the population, and the expectations of international legal actors whose implicit recognition they desired. In contemporary civil wars, where dispensing justice is at once a juridical activity, a political weapon, and a stake in the war, this book thus accounts for why the West lost the war and how the Taliban took over the country. Based on the author's extensive fieldwork in various provinces in Afghanistan and unique access to Taliban judges and court users, this socio-legal investigation offers new perspectives on a country that was at war for over four decades. Baczko proposes an innovative reflection on the place of law and courts in civil wars as well as a stark reminder of the dangers of foreign intervention. Timely and thought-provoking, this book is appeals to a multi-disciplinary audience including legal scholars, political scientists, sociologists, diplomats, policy-makers, and anyone interested in the Afghan conflict.
Thoughtfulness and the Rule of Law by
An essential study of the rule of law by one of the world's leading liberal political and legal philosophers. The meaning and value of the rule of law have been debated since antiquity. For many, the rule of law has become the essence of good government. But Jeremy Waldron takes a different view, arguing that it is but one star in a constellation of ideals that define our political morality, ranking alongside democracy, human rights, economic freedom, and social justice. This timely essay collection, from one of the most respected political philosophers of his generation, is a brief on behalf of thoughtfulness: the intervention of human intelligence in the application of law. Waldron defends thoughtfulness against the claim that it threatens to replace the rule of law with the arbitrary rule of people. To the contrary, he argues, the rule of law requires thoughtfulness: it is impossible to apply a standard such as "reasonableness" on the basis of rules alone, and common legal activities like arguing in court and reasoning from precedents are poorly served by algorithmic logics. This rich compilation also addresses the place of law in protecting human dignity, the relation between rule of law and legislation, and whether vagueness in the law is at odds with law's role in guiding action. Thoughtfulness and the Rule of Law emphasizes the value of procedures rather than the substance or outcome of legal decisions. Challenging the view that predictability and clarity are cardinal virtues, Waldron shows that real-world controversies often are best approached using a relatively thin concept of the rule of law, together with the thoughtfulness that a legal system frames and enables.
Victims:perceptions of harm in modern European war and violence by
Classifying people as 'victims' is a historical phenomenon with remarkable growth since the second half of the 20th century. The term victim is widely used to refer both to those who have died in wars and to people who have experienced some form of physical or psychological violence. Moreover, victimhood has become a shorthand for any injustice suffered. This can be seen in many contexts: in debates on social justice, when claims for compensation are made, human rights are defended, past crimes are publicly commemorated, or humanitarian intervention is called for. By adopting a history of knowledge approach, Victims takes a fresh look at the phenomenon of classifying people as victims. It goes beyond existing narratives to provide a new and comprehensive explanation of the complex genealogy of modern concepts of victimhood. In order to reveal the fundamental shifts in perceptions and interpretations of harm, this book reconstructs the emergence of the figure of the victim from the late 18th century to the present. Focusing on Western Europe, it shows that neither the World Wars nor the Holocaust were the only reasons for this shift. Instead, changing power relations and new knowledge, especially in medicine and law, fundamentally altered perceptions and interpretations of death and suffering, of legitimate and illegitimate violence. Today, the debate takes another turn with the widespread criticism of victim attribution and the increasing delegitimisation of the term. Svenja Goltermann tells this story with brilliant clarity - without subscribing to the new denigration of the victim.
Victims and Criminal Justice by
Victims and Criminal Justice is the first study of its kind to examine both the origins and impacts of key legal, procedural, and institutional changes introduced in England and Wales to encourage and govern prosecution. It sets out how crime victims' experiences of, and engagement with, the process of criminal justice changed dramatically between the late seventeenth and late twentieth centuries. Where victims once drove the English criminal justice system, bringing prosecutions as complainants and prosecutors, giving evidence as witnesses, putting up personal rewards for the recovery of lost goods or claim rewards for securing convictions, by the end of this period, victims had been firmly displaced as the state took virtually full responsibility for the process of prosecution. Combining qualitative analysis of a range of textual sources with quantitative analysis of large datasets featuring over 200,000 criminal prosecutions, the authors explore how victims were defined in law, what the law allowed and encouraged them to do, who they were in social and economic terms, how they participated in the criminal justice system, why many were unwilling or unable to engage in that system, and why some campaigned for specific rights. In exploring the shift in victim participation in criminal trials, Victims and Criminal Justice places current policy debates in a much-needed critical historical context.
