The topic of "too many lawyers" is both timely and timeless. The future make up and performance of the legal profession is in contest, challenged by new entrants, technology and the demand for transparency; at the same time, lawyers long have participated in contests over professional boundaries. In this book, we take up several fundamental questions about the question of whether there are "too many lawyers". What do we mean by "too many"? Is there a surplus of lawyers? What sort of lawyers are and will be needed? How best can we discern this? These questions and more are addressed here in scholarly articles presented at the Onati International Institute for the Sociology of Law (Spain) by some of the best researchers in the field. The collection, witha chapter by Prof. Richard L. Abel, addresses methodological, normative and policy questions regarding the number of lawyers in particular countries and worldwide, while connecting this phenomenon to political, social, economic, historical, cultural and comparative contexts. This book was previously published as a special issue of the International Journal of the Legal Profession.

Accusing someone of committing a crime arrests everyday social relations and unfurls processes that decide on who to admit to criminal justice networks. Accusation demarcates specific subjects as the criminally accused, who then face courtroom trials, and possible punishment. It inaugurates a crime's historical journey into being with sanctioned accusers successfully making criminal allegations against accused persons in the presence of authorized juridical agents. Given this decisive role in the production of criminal identities, it is surprising that criminal accusation has received relatively short shrift in sociological, socio-legal and criminological discourses. In this book, George Pavlich redresses this oversight by framing a socio-legal field directed to political rationales and practices of criminal accusation. The focus of its interrogation is the truth-telling powers of an accusatory lore that creates subjects within the confines of socially authorized spaces. And, in this respect, the book has two overarching aims in mind. First, it names and analyses powers of criminal accusation - its history, rationales, rites and effects - as an enduring gateway to criminal justice. Second, the book evaluates the prospects for limiting and/or changing apparatuses of criminal accusation. By understanding their powers, might it be possible to decrease the number who enter criminal justice's gates? This question opens debate on the subject of the book's final section: the prospects for more inclusive accusative grammars that do not, as a reflex, turn to exclusionary visions of crime and vengeful, segregated, corrective or risk-orientated punishment. Highlighting how expansive criminal justice systems are populated by accusatorial powers, and how it might be possible to recalibrate the lore that feeds them, this ground-breaking analysis will be of considerable interest to scholars working in socio-legal research studies, critical criminology, social theory, postcolonial studies and critical legal theory.

Incarcerating Motherhood explores how initial short period in prisons can negatively impact mothers and their children. We have much yet to understand about the enduring harms caused by first time incarceration, especially for minimal time periods and for mothers with dependent children. With large numbers of female prisoners currently incarcerated for short periods in England and Wales (either on short sentences or remand), many of whom are primary caregivers, this book asks: what kind of impact does this imprisonment has on both parent and child in the long term? Based on original research, the experiences of sixteen mothers are presented to voice the material, physical and emotional consequences of short-term imprisonment. The book explores to what extent these mothers lose their sense of identity in a short space of time, whether this continues to affect them post-custody, and what level of support they are provided during and post-custody. This book also explores what bearing the initial separation and the care provided during the mother's absence will have on their children's lives, as well as whether the affects of imprisonment on the mother also increase the vulnerability of her children. Incarcerating Motherhood provides a platform for readers to hear how a 'short sharp shock' can cause enduring harms to an already vulnerable group in society and how even short-term imprisonment have long-lasting and multi-dimensional consequences.

The recently established International Criminal Court (ICC) has been touted as a major breakthrough in the potential control of genocide, terrorism, and war crimes. This book explores the historical origins of the court and provides and examination of the basic structure and functioning of the court. Rothe and Mullins offer a detailed critique of procedural, conceptual, and practical elements of the ICC through the lens of critical criminological theory and research and identify several problems with the design and proposed implementation of the ICC. The theoretical analysis employed shows how the Court is but a small step forward in the control of crimes by states and state leaders due to its limited scope., myopic conception of crime, jurisdictional scope, and minimal compulsory power. Certain to appeal to criminology and international studies scholars, this volume strives to outline suggestions for strengthening the court.

Former Archbishop of Canterbury Rowan Williams triggered a storm of protest when he suggested that some accommodation between British law and Islam's shari'a law was 'inevitable'. His foundational lecture introduced a series of public discussions on Islam and English Law at the Royal Courts of Justice and the Temple Church in London. This volume combines developed versions of these discussions with new contributions. Theologians, lawyers and sociologists look back on developments since the Archbishop spoke, and forwards along trajectories opened by the historic lecture. The contributors provide and advocate a forward-looking dialogue, asking how the rights of all citizens are honoured and their responsibilities met. Twenty specialists explore the evolution of English law, the implications of islam, shari'a and jihad, and the principles of the European Convention on Human Rights, family law and freedom of speech. This book is for anyone interested in the interaction between religion and secular society.

This book explores pathways to redress for main groups of victims/survivors of the 1992-5 Bosnian war -families of missing persons, victims of torture, survivors of sexual violence, and victims suffering physical disabilities and harm. The author traces the history of redress-making for each of these groups and shows how differently they have been treated by Bosnian authorities at the state and subnational level. In Bosnia and Herzegovina, thousands of war victims have had to suffer re-traumatising ordeals in order to secure partial redress for their suffering during 1992-1995 and after. While some, such as victims of sexual violence, have been legally recognised and offered financial and service-based compensation, others, such as victims of torture, have been recognized only recently with a clear geographical limitation. The main aim of the book is to explore the politics behind recognizing victimhood and awarding redress in a country that has been divided by instrumentalized identity cleavages, widespread patronage and debilitating war legacies. It shows how war victims/survivors navigate such fragmented and challenging public landscape in order to secure their rights.

Trials are well known as paradigmatic legal events. Some attract wide attention; others mostly escape notice. Indeed in the United States trials have recently become rare, with some scholars bemoaning the death of the trial. This issue of "Studies in Law, Politics and Society" contains, along with two general interest articles, a symposium on the past, present, and future of the trial. It brings together the work of leading scholars to think about the nature, utility, and limits of trials. This work takes stock of the field, charts its progress, and points the way for its future development.

Professional Emotions in Court examines the paramount role of emotions in the legal professions and in the functioning of the democratic judicial system. Based on extensive interview and observation data in Sweden, the authors highlight the silenced background emotions and the tacitly habituated emotion management in the daily work at courts and prosecution offices. Following participants 'backstage' - whether at the office or at lunch - in order to observe preparations for and reflections on the performance in court itself, this book sheds light on the emotionality of courtroom interactions, such as professional collaboration, negotiations, and challenges, with the analysis of micro-interactions being situated in the broader structural regime of the legal system - the emotive-cognitive judicial frame - throughout. A demonstration of the false dichotomy between emotion and reason that lies behind the assumption of a judicial system that operates rationally and without emotion, Professional Emotions in Court reveals how this assumption shapes professionals' perceptions and performance of their work, but hampers emotional reflexivity, and questions whether the judicial system might gain in legitimacy if the role of emotional processes were recognized and reflected upon.

This book explores the theoretical contribution of Michel Foucault to the fields of criminology, law, justice and penology. It surveys both the ways in which the work of Foucault has been applied in criminology, but also how his work can be used to understand and explain contemporary issues and policies. Moreover, this book seeks to dispel some of the common misconceptions about the relevance of Foucault's work to criminology and law. Mariana Valverde clearly explains the insights that Foucault's rich body of work provides about different practices found in the fields of law, security, justice, and punishment; and how these insights have been used or could be used to understand and explain issues and policies that Foucault himself did not write about, including those that had not yet emerged during his lifetime. Drawing on key texts by Foucault such as Discipline and Punish, and also lectures he gave at the College de France and Louvain Criminology Institute which offer a more nuanced account of the development of criminal justice, Mariana Valverde offers the essential text on Foucault and his contribution and continued relevance to criminology. This book will be important reading for students and scholars of criminology, law, sociolegal studies, security studies, political theory and sociological theory.

A range of international and European Union legal instruments exert influence on the national civil procedure rules of European Union member states. Some specifically aim for the harmonisation of national procedural law across Europe, while others primarily focus on facilitating cross-border litigation, enforcing rights or setting minimum standards. However, often the same time instruments cause fragmentation, reduce coherence and challenge prevailing concepts and doctrines of national civil procedure law.With a view to carefully selected North Western jurisdiction (EU and EEA member states) this book explores how EU, EEA, and international legislation, judicial activism on EU and national level, and new soft law instruments affect national civil procedure law and how, in turn, national rules may impact the development of international instruments. How are the respective countries affected by a particular (EU) regulation? Has the regulation generated changes of the national law? Are European rules, or national rules following from them, applied in court practice? Are there differences in the approach towards implementation and application of EU law, and if so why and with what consequences? Do international influences serve as an impetus for national reforms, or are they implemented mechanically? Do hard law approaches produce more harmonisation or convergence than soft law approaches?

The 1980s was a time of significant social, political and cultural change. In Australia, the law was pivotal to these changes. The two High Court cases that this book explores - Koowarta v Bjelke-Petersen (1982) and the Tasmanian Dams case (1983) - are famous legally as they marked a decisive reckoning by the Court with both international law and federal constitutionalism. Yet these cases also offer a significant marker of Australia in the 1980s: a shift to a different form of political engagement, nationally and internationally, on complex questions about race and the environment. This book brings these cases together for the first time. It does so to explore not only the legal legacy and relationship between Koowarta and Tasmanian Dams, but also to reflect on how Australians experience their law in time and place, and why those experiences might require more than the usual legal records. The authors include significant figures in Australian public life, some of whom were key participants in the cases, as well as established and respected scholars of law, history, environment and Indigenous studies. This collection offers a combination of personal recollections of the cases, as well as a consideration of their ongoing significance in Australian life. This book was originally published as two special issues of the Griffith Law Review.

Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued that courts have assumed too much power after the democratic transformation process in 1989/1990. These claims are explicitly or implicitly connected to the charge that courts have constrained the room for manoeuvre of the legislatures too heavily and that they have entered the field of politics. Nevertheless, the question to what extent has this aggregation of power constrained the dominant political actors has never been examined accurately and systematically in the literature. The present volume fills this gap by applying an innovative research methodology to quantify the impact and effect of court's decisions on legislation and legislators, and measure the strength of judicial decisions in six CEE countries.

This book discusses how technological innovations have affected the resolution of disputes arising from electronic commerce in the European Union, UK and China. Online dispute resolution (ODR) is a form of alternative dispute resolution in which information technology is used to establish a process that is more effective and conducive to resolving the specific types of dispute for which it was created. This book focuses on out-of-court ODR and the resolution of disputes in the field of electronic commerce. It explores the potential of ODR in this specific e-commerce context and investigates whether the current use of ODR is in line with the principles of access to justice and procedural fairness. Moreover, it examines the major concerns surrounding the development of ODR, e.g. the extent to which electronic ADR agreements are recognized by national courts in cross-border e-commerce transactions, how procedural justice is ensured in ODR proceedings, and whether ODR outcomes can be effectively enforced. To this end, the book assesses the current and potential role of ODR in resolving e-commerce disputes, identifies the legal framework for and legal barriers to the development of ODR, and makes recommendations as to the direction in which practice and the current legal framework should evolve. In closing, the book draws on the latest legislation in the field of e-commerce law and dispute resolution in order to make recommendations for future ODR design, such as the EU Platform-to-Business Regulation on Promoting Fairness and Transparency for Business Users of Online Intermediation Services (2019) and the United Nations Convention on International Settlement Agreements Resulting from Mediation (2018), which provide the legal basis for ODR's future development.

Over the last few decades, the racial and ethnic composition of the United States has changed dramatically. This seismic transformation has important implications for theory, research, policy, and public opinion - perhaps most crucially around the topic of race/ethnicity and our justice systems. Recent national events - from Ferguson, to ferocious public debate about racism, to media depictions of police violence - have reawakened the tense question of race relations in the 21st century. This edited collection of research aims to highlight contemporary issues surrounding the overrepresentation of racial and ethnic minorities throughout both the juvenile and adult criminal justice systems. Our contributors cover both formal sources of social control (e.g. police, courts, correction facilities) and perceptions and public opinions of the relationship between race/ethnicity and offending behaviors. As the intellectual sphere ignites with fresh debate, old questions redefined and new ones asked, this publication provides innovative insight into how race and ethnicity interconnect with all aspects of criminology and criminal justice. Furthermore it helps encourage directions for future research, practice, and public policy. This book was originally published as a special issue of the Journal of Crime and Justice.

"A MUST-READ FOR ANYONE INTERESTED IN UNDERSTANDING AND DISMANTLING MASS INCARCERATION." -Chesa Boudin, District Attorney of San Francisco America's criminal justice system is among the deadliest and most racist in the world and it disproportionately targets Black Americans, who are also disproportionately poor, hungry, houseless, jobless, sick, and poorly educated. By every metric of misery, this nation does not act like Black Lives Matter. In order to break out of the trap of racialized mass incarceration and relentless racial oppression, we, as a society, need to rethink our basic assumptions about blame and punishment, words and symbols, social perceptions and judgments, morality, politics, and the power of the performing arts. N*gga Theory interrogates conventional assumptions and frames a transformational new way of thinking about law, language, moral judgments, politics, and transgressive art-especially profane genres like gangsta rap-and exposes where racial bias lives in the administration of justice and everyday life. Professor Jody Armour (Negrophobia and Reasonable Racism) calls for bold action: electing progressive prosecutors, defunding or dismantling the police, abolition of the prison industrial complex. But only after eradicating the anti-black bias buried in the hearts and minds of millions of Americans and baked into our legal system will we be able to say that Black Lives Matter in America.

'Armed mainly with tremendous scholarly energy, the University of Washington has developed into the premier center of Asian legal studies in North America. This volume is a tribute to the breadth and depth of activity at the Asian Law Center over its first five decades, and a treasure trove of substantive insights into comparative law in Asia. As Asian law continues to attract more attention around the world, we must all be grateful for the contributions of the innovators who built the field.' - Tom Ginsburg, University of Chicago Law School, US 'Professors Haley and Takenaka have put together a wonderfully eclectic collection of essays to commemorate the founding of the Asian Law Center at the University of Washington School of Law in 1964. Written by leaders in their respective fields, the essays, which explore legal developments, innovations and transplants in Japan and its neighbours, will appeal to scholars and students of Japanese law, as well as comparative lawyers with an interest in Asian law.' - Jean Ho, National University of Singapore 'For fifty years now, the University of Washington's Asian Law Center has stood at the center of American scholarship on Japanese law. Its scholars have consistently produced the very best work in the field, and men and women associated with it have increasingly turned their attention to other legal systems in Asia as well. In this broad-ranging volume, the contributors explore the intriguing connections among the many legal systems at stake. They have produced a tantalizing blend of analytical depth and geographical breadth.' - J. Mark Ramseyer, Harvard Law School, US Legal Innovations in Asia explores how law in Asia has developed over time as a result of judicial interpretation and innovations drawn from the legal systems of foreign countries. Expert scholars from around the world offer a history of law in the region while also providing a wider context for present-day Asian law. The contributors share insightful perspectives on comparative law, the role of courts, legal transplants, intellectual property, Islamic law and other issues as they relate to the practice and study of law in Japan, China, Taiwan, Korea and Southeast Asia. Students and scholars of Asian law will find this a timely and fascinating read, as will legal practitioners and colleagues of the Asian Law Center. Contributors: H. Baum, D. Clarke, J. Eddy, D.H. Foote, J.O. Haley, K. Ishida, K.S. Kim, V.I. Lo, C.B. Lombardi, S. Matsui, H.D. Nam, O. Phanraska, T. Takenaka, V.L. Taylor, K. Toha, T.S. Utomo, T.-S. Wang, R. Yamakawa, D. Zang

This fresh edition of Satish Sekar's classic work brings events up to date as at 2017 and includes matters that the author was prevented from publishing sooner. Among other things it deals with the collapse of the 2011 trial of police officers and others concerning the original miscarriage of justice in this case and in a new Epilogue calls for a Truth and Justice Commission. The author shows how this extreme miscarriage of justice destroyed families, divided communities and undermined confidence in the criminal justice system. The book takes the reader from the sadistic killing of Lynette White in Cardiff in 1988, via the subsequent investigation and trial to the aftermath of the folding of the 2011 trial over 'lost' documents that later materialised. But above all it deals with the hard scientific facts of the first vindication case of the DNA-age. Based on a 30-year quest for justice. Scrutinises the case from day one. Rejects moves to 'shelve' this troubling chain of events. Calls for a Truth and Justice Commission.

First published in 1962, Capital Punishment and British Politics illuminates the process of political decision-making in Britain by analysing the complex activities that led to the passage of a major piece of social legislation, the Homicide Act of 1957. His case study, based on dozens of interviews, reveals in detail the workings of British politics and assesses the impact of the clash of ideas and interests on governmental policy. After surveying the legal and historical antecedents of the controversy surrounding the Act, the author traces the development from the abortive attempt to abolish the death penalty under the Labour Government through the spectacular murder cases of the early fifties to the compromise legislation successfully launched by a Conservative Government. Throughout the book analysis is coupled with description, and the concluding chapter demonstrates how this single case contained in microcosm many of the basic elements and dilemmas of the British political process. This fascinating study will be of great interest to students of politics and social legislation everywhere.

The new edition of this seminal text outlines the fundamental aspects of the German approach to criminal procedure. It explores a wide range of issues from setting out the basic procedural principles to presenting the main players in the criminal justice system, pre-trial investigations, the path from indictment to trial judgment, rules of evidence, sentencing, and appeals and post-conviction review. As far as it is useful for an introductory text, the differences between proceedings against adults and juveniles are highlighted. The theoretical discussion of decision-making and style of judgment writing is supported by practical insights through specimen translations of an indictment, a trial judgment and an appellate judgment by the Federal Court of Justice.

Today, statutes make up the bulk of the relevant law heard in federal courts and arguably represent the most important source of American law. The proper means of judicial interpretation of those statutes have been the subject of great attention and dispute over the years. This book provides new insights into the theory and practice of statutory interpretation by courts.
Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of Supreme Court practice. It contains a thorough review of the active disputes over the appropriate approaches to statutory interpretations, namely whether courts should rely exclusively on the text or also examine the legislative history. The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by the justices, either sincerely or in pursuit of an ideological agenda.

Whilst educational theory has developed significantly in recent years, much of the law curriculum remains content-driven and delivered traditionally, predominantly through lecture format. Students are, in the main, treated as empty vessels to be filled by the eminent academics of the day. Re-thinking Legal Education under the Common and Civil Law draws on the experience of teachers, practitioners and students across the world who are committed to developing a more effective learning process. Little attention has, historically, been paid to the importance of the application of theory, the role of reflective learning, the understanding and acquisition of lawyering skills and the development of professional responsibility and wider ethical values. With contributions from across the global north and south, this book examines the history of educating our lawyers, the influences and constraints that may shape the curriculum, the means of delivering it and the models that could be used to tackle current shortcomings. The whole is intended to represent what might be desirable and possible if we are to produce lawyers that are fit for purpose in the 21st century, be that in either in civil or common law jurisdictions. This book will be of direct assistance to those who wish to understand the theory and practice of legal pedagogy in an experiential context. It will be essential reading for academics, researchers and teachers in the fields of law and education, particularly those concerned with curriculum design and developing interactive teaching methods. It is likely to be of interest to law students too - particularly those who value a more direct engagement in their learning.

This collection of essays aims to look afresh at an institution which continues to be of central importance to all who are interested in the development of European Union law and policy. The essays seek to develop particular avenues of analysis and perspectives - including a philosophical, a sociological and a gender-based analysis - which, despite the significant increase in the range and volume of literature on the Court of Justice, have not yet been fully explored.

In recent years, much political and legal debate has centered on the class action lawsuit. Many lawyers and judges have noted the intense pressure to settle caused by the very filing of a suit. Some contend that the procedure amounts to a form of judicial blackmail. Others counter that it is an effective means of policing corporate behavior and assuring injured victims' fair compensation.
This book represents the first scholarly effort to view the modern class action comprehensively through the lenses of American political and constitutional theory. Redish argues that the modern class action undermines foundational constitutional principles, including procedural due process and separation of powers, and has been improperly transformed from its origins as a complex procedural device into a means for altering controlling substantive law in highly undemocratic ways. Redish proposes an alternative vision of the class action lawsuit, one that is designed to enable the device to serve its valuable procedural purposes without simultaneously contravening core precepts of American constitutional democracy.

PRAISE FOR THE BOOK: "This constitutes a work of impressive scholarship that will become a major reference point for future discourse on choice of court agreements. Dr Ahmed advances a firm thesis in a lucid manner that will satisfy both academics and practitioners. The discussion is supported by a monumental foundation of underpinning research. Ahmed's monograph throughout shows clear understanding of underlying substantive laws and in Chapter 11 displays a refreshing willingness to engage in intelligent speculation on the implications of Brexit." Professor David Milman, University of Lancaster "The book is an excellent attempt to understand the theoretical underpinnings of choice of court agreements in private international law ... Anyone with an interest in the theory and practice of choice of court agreements, in particular in mechanisms for their enforcement, should read this book. They will find much of value by doing so." Professor Paul Beaumont, University of Aberdeen (from the Series Editor's Preface) This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.

Is it possible for mediation to strengthen the effectiveness of international commercial arbitration?What is the role of mediation in the pursuit of restorative justice?How successful is international peace mediation, and in particular, the efforts of the African Union?These groundbreaking discussions, and more, have been carefully selected for publication in Contemporary Issues in Mediation Volume 3, featuring an entry from Brazil for the first time. The 12 essays cover a diverse range of topics, written by both new and experienced mediators. Practitioners may be especially interested in the section titled 'Mediation Skills', featuring essays that take a micro-perspective of the mediation process and the skills deployed by mediators.