The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.

The Routledge Handbook of African Law provides a comprehensive, critical overview of the contemporary legal terrain in Africa. The international team of expert contributors adopt an analytical and comparative approach so that readers can see the nexus between different jurisdictions and different legal traditions across the continent. The volume is divided into five parts covering: Legal Pluralism and African Legal Systems The State, Institutions, Constitutionalism, and Democratic Governance Economic Development, Technology, Trade, and Investment Human Rights, Gender-Based Violence, and Access to Justice International Law, Institutions, and International Criminal Law Providing important insights into both the specific contexts of African legal systems and the ways in which these legal traditions intersect with the wider world, this handbook will be an essential resource for academics, researchers, lawyers, and graduate and undergraduate students studying this ever-evolving field.

Security Games: Surveillance and Control at Mega-Events addresses the impact of mega-events -- such as the Olympic Games and the World Cup -- on wider practices of security and surveillance. "Mega-Events" pose peculiar and extensive security challenges. The overwhelming imperative is that "nothing should go wrong." There are, however, an almost infinite number of things that can "go wrong"; producing the perceived need for pre-emptive risk assessments, and an expanding range of security measures, including extensive forms and levels of surveillance. These measures are delivered by a "security/industrial complex" consisting of powerful transnational corporate, governmental and military actors, eager to showcase the latest technologies and prove that they can deliver "spectacular levels of security." Mega-events have thus become occasions for experiments in monitoring people and places. And, as such, they have become important moments in the development and dispersal of surveillance, as the infrastructure established for mega-events are often marketed as security solutions for the more routine monitoring of people and place. Mega-events, then, now serve as focal points for the proliferation of security and surveillance. They are microcosms of larger trends and processes, through which -- as the contributors to this volume demonstrate -- we can observe the complex ways that security and surveillance are now implicated in unique confluences of technology, institutional motivations, and public-private security arrangements. As the exceptional conditions of the mega-event become the norm, Security Games: Surveillance and Control at Mega-Events therefore provides the glimpse of a possible future that is more intensively and extensively monitored.

Priests of the Law tells the story of the first people in the history of the common law to think of themselves as legal professionals. In the middle decades of the thirteenth century, a group of justices working in the English royal courts spent a great deal of time thinking and writing about what it meant to be a person who worked in the law courts. This book examines the justices who wrote the treatise known as Bracton. Written and re-written between the 1220s and the 1260s, Bracton is considered one of the great treatises of the early common law and is still occasionally cited by judges and lawyers when they want to make the case that a particular rule goes back to the beginning of the common law. This book looks to Bracton less for what it can tell us about the law of the thirteenth century, however, than for what it can tell us about the judges who wrote it. The judges who wrote Bracton - Martin of Pattishall, William of Raleigh, and Henry of Bratton - were some of the first people to work full-time in England's royal courts, at a time when there was no recourse to an obvious model for the legal professional. They found one in an unexpected place: they sought to clothe themselves in the authority and prestige of the scholarly Roman-law tradition that was sweeping across Europe in the thirteenth century, modelling themselves on the jurists of Roman law who were teaching in European universities. In Bracton and other texts they produced, the justices of the royal courts worked hard to ensure that the nascent common-law tradition grew from Roman Law. Through their writing, this small group of people, working in the courts of an island realm, imagined themselves to be part of a broader European legal culture. They made the case that they were not merely servants of the king: they were priests of the law.

For this wide-ranging collection, Professor Miller has drawn on the work of the best-known scholars in this field to explore the relationship between economics and law in ancient societies. Topics covered include: the methodology of ancient economic law; the genesis, structure and limitations on liability in ancient law; the law and economics of the family; the economic structure of land law in ancient times; the management of criminal behavior; the regulation of contracts and commercial transactions; economic markets and institutions of ancient times; bankruptcy and risk; and the economics of constitutional and administrative law in ancient legal systems.

The importance of oaths to ancient Greek culture can hardly be overstated, especially in the political and judicial fields; but they have never been the object of a comprehensive, systematic study. This volume derives from a research project on the oath in ancient Greece, and comprises seventeen chapters by experts in law, in political and social history, in literary criticism, and in cross-cultural studies, exploring a wide range of aspects of the subject. Topics covered include the nature of ancient Greek oaths; the functions they performed within communities and in relations between them; their exploitation in literary texts and at critical moments in history; and connections between Greek oath phenomena and those of other cultures with which Greeks came into contact, from the Hittites to the Romans. It is an important phenomenon of ancient society that has never before been systematically and comprehensively studied.

Critical in style, From Heritage to Terrorism: Regulating Tourism in an Age of Uncertainty examines the law and its role in shaping and defining tourism and the tourist experience. Using a broad range of legal documents and other materials from a variety of disciplines, it surveys how the underlying values of tourism often conflict with a concern for human rights, cultural heritage and sustainable environments.

Departing from the view that within this context the law is simply relegated to dealing the 'hard edges' of the tourist industry and tourist behaviour, the authors explore:

• the ways that the law shapes the nature of tourism and how it can do this
• the need for a more focused role for law in tourism
• the law's current and potential role in dealing with the various tensions for tourism in the panic created by the spread of global terrorism.

Addressing a range of fundamental issues underlying global conflict and tourism, this thoroughly up-to-date and topical book is an essential read for all those interested in tourism and law.

This book critically explores the legal tools, concepts, principles and instruments, as well as cross-cutting issues, that comprise the field of international environmental law. Commencing with foundational elements, progressing on to discrete sub-fields, then exploring regional cooperative approaches, cross-cutting issues and finally emerging challenges for international environmental law, it features chapters by leading experts in the field of international environmental law, drawn from a range of countries in order to put forward a truly global approach to the subject. The book is split into five parts: * The foundations of international environmental law covering the principles of international environmental law, standards and voluntary commitments, sustainable development, issues of public participation and environmental rights and compliance, state responsibility, liability and dispute settlement. * The key instruments and governance arrangements across the most critical areas of international environmental law: biodiversity, wildlife, freshwater, forestry and soils, fisheries, marine pollution, chemicals and waste, air and atmospheric pollution and climate change. * Crucial developments in seven distinct regions of the world: Africa, Europe, North America, Latin America, South East Asia, the polar regions and small island states. * Cross-cutting issues and multidisciplinary developments, drawing from multiple other fields of law and beyond to address human rights and Indigenous rights, war and armed conflict, trade, financing, investment, criminology, technology and energy. * Contemporary challenges and the emerging international environmental law regimes which address these: the changing climate, forced migration, marine plastic debris and future directions in international environmental law. Containing chapters on the most critical developments in environmental law in recent years, this comprehensive and authoritative book makes for an essential reference work for students, scholars and practitioners working in the field.

The common law is one of two major and successful systems of law developed in Western Europe, and in one form or another is now in force not only in the country of its origin but also in the United States and large parts of the British Commonwealth and former parts of the Empire. Perhaps its most typical product is English contract law, developed continuously since the birth of the common law almost wholly by judicial decision. Although in its modern form primarily a product of the nineteenth century, the common law of contract as we know it developed around the action of assumpsit which evolved at the close of the fourteenth century, and many of its characteristic doctrines first emerged in the sixteenth and seventeenth centuries. This book, which takes the story up to 1677 (the date of statute of frauds) forms the first part of the history of contract law, and is written primarily from a doctrinal standpoint.

Original and interdisciplinary, this is the first book to explore the relationship between a neoliberal mode of governance and the so-called genetic revolution. Looking at the knowledge-power relations in the post-genomic era and addressing the pressing issues of genetic privacy and discrimination in the context of neoliberal governance, this book demonstrates and explains the mechanisms of mutual production between biotechnology and cultural, political, economic and legal frameworks. In the first part Antoinette Rouvroy explores the social, political and economic conditions and consequences of this new 'perceptual regime'. In the second she pursues her analysis through a consideration of the impact of 'geneticization' on political support of the welfare state and on the operation of private health and life insurances. Genetics and neoliberalism, she argues, are complicit in fostering the belief that social and economic patterns have a fixed nature beyond the reach of democratic deliberation, whilst the characteristics of individuals are unusually plastic, and within the scope of individual choice and responsibility. This book will be of interest to all students of law, sociology and politics.

Customary Law in the Modern World is the study of a coherent and well-established legal system, which is now operating in the context of a modern nation-state and therefore poised between remaining relevant and the threat of marginalization. Focusing on Sudan, the author places customary law in its historical and cultural context, analyzing the fundamental and traditional values that underlie customary law and the impact of the war between the North and the South that lasted intermittently for half a century. He deals with the substance of customary law, covering a wide variety of areas: family law, property law, torts and criminal liability. Drawing on interviews conducted with judges, legislators and practicing lawyers on customary law and its future in the modern context, the book challenges the development of customary law to build on the positives of tradition and the reform of its shortcomings, particularly in the areas of human rights, gender equality and the protection of children. This book fills a gap in the literature on customary law, and will be of great interest to anyone interested in law, anthropology and politics.

'If Henriques were a fictional character, he would be a celebrity, the kind of dashing, hawkish QC who turns up in Agatha Christie novels and is recognised by everybody... There is an undeniable, lawyerly authenticity about Henriques's book. He takes us meticulously through his cases... It is fascinating to read.' - Dominic Sandbrook, Sunday Times Sir Richard Henriques has been centre stage in some of the most high-profile and notorious cases of the late 20th and early 21st centuries. After taking silk in 1986, over the course of the next 14 years he appeared in no fewer than 106 murder trials, including prosecuting Harold Shipman, Britain's most prolific serial killer, and the killers of James Bulger. In 2000 he was appointed to the High Court Bench and tried the transatlantic airline plot, the Morecambe Bay cockle pickers, the killing of Jean Charles de Menezes, and many other cases. He sat in the Court of Appeal on the appeals of Barry George, then convicted of murdering Jill Dando, and Jeremy Bamber, the White House Farm killer. In From Crime to Crime he not only recreates some of his most famous cases but also includes his trenchant views on the state of the British judicial system; how it works - or doesn't - and the current threats to the rule of law that affect us all.

Disruptions as Opportunities: Governing Chinese Society with Interactive Authoritarianism addresses the long-standing puzzle of why China outlived other one-party authoritarian regimes with particular attention to how the state manages an emerging civil society. Drawing upon over 1,200 survey responses conducted in 126 villages in the Sichuan province, as well as 70 interviews conducted with Civil Society Organization (CSO) leaders and government officials, participant observation, and online research, the book proposes a new theory of interactive authoritarianism to explain how an adaptive authoritarian state manages nascent civil society. Sun argues that when new phenomena and forces are introduced into Chinese society, the Chinese state adopts a three-stage interactive approach toward societal actors: toleration, differentiation, and legalization without institutionalization. Sun looks to three disruptions-earthquakes, internet censorship, and social-media-based guerilla resistance to the ride-sharing industry-to test his theory about the three-stage interactive authoritarian approach and argues that the Chinese government evolves and consolidates its power in moments of crisis.

This work examines the ability of existing and evolving PMC regulation to adequately control private force, and it challenges the capacity of international law to deliver accountability in the event of private military company (PMC) misconduct. From medieval to early modern history, private soldiers dominated the military realm and were fundamental to the waging of wars until the rise of a national citizen army. Today, PMCs are again a significant force, performing various security, logistics, and strategy functions across the world. Unlike mercenaries or any other form of irregular force, PMCs acquired a corporate legal personality, a legitimising status that alters the governance model of today. Drawing on historical examples of different forms of governance, the relationship between neoliberal states and private military companies is conceptualised here as a form of a 'shared governance'. It reflects states' reliance on PMCs relinquishing a degree of their power and transferring certain functions to the private sector. As non-state actors grow in authority, wielding power, and making claims to legitimacy through self-regulation, other sources of law also become imaginable and relevant to enact regulation and invoke responsibility.

Banking regulation and the private law governing the bank-customer relationship came under the spotlight as a result of the global financial crisis of 2007-2009. More than a decade later UK, EU and international regulatory initiatives have transformed the structure, business practices, financing models and governance of the banking sector. This authoritative text offers an in-depth analysis of modern banking law and regulation, while providing an assessment of its effectiveness and normative underpinnings. Its main focus is on UK law and practice, but where necessary it delves into EU law and institutions, such as the European Banking Union and supervisory role of the European Central Bank. The book also covers the regulation of bank corporate governance and executive remuneration, the promises and perils of FinTech and RegTech, and the impact of Brexit on UK financial services. Although detailed, the text remains easy to read and reasonably short; pedagogic features such as a glossary of terms and practice questions for each chapter are intended to facilitate learning. It is a useful resource for students and scholars of banking law and regulation, as well as for regulators and other professionals who are interested in reading a precise and evaluative account of this evolving area of law.

Affirmative Action and the Law analyses the practical application of affirmative action measures and their efficacy in achieving substantive equality through the lenses of the United Nations human rights machinery and the legal regime and policies implemented in China, India, Central and South America, South Africa and the United Kingdom. The product of a joint research project involving academics from the Brazil, Chile, Mexico, India, Spain and the United Kingdom, the findings identify and reflect on trends emerging from State practice across the world in eradicating structural inequality through special measures for certain designated groups. The book seeks to provide a coherent and systematic approach to the analysis of special measures in the targeted countries. It also comprises two case-studies with in-depth insights on gender diversity on the boards of public listed companies in the UK and the European Union and the access of persons with disabilities to higher education in Brazil. The book will be a valuable resource for students and academics in the field of human rights, law, sociology and politics. It will also provide a source of good practice for states and policy makers in the framing of responses to increased inequality at national and international level; and for civil society actors seeking to explore meaningful interaction with a highly controversial topic in society.

The trial of former SS lieutenant and Gestapo chief Klaus Barbie was France's first trial for crimes against humanity. Known as the "Butcher of Lyon" during the Nazi occupation of that city from 1942 to 1944, Barbie tortured, deported, and murdered thousands of Jews and Resistance fighters. Following a lengthy investigation and the overcoming of numerous legal and other obstacles, the trial began in 1987 and attracted global attention. Justice in Lyon is the first comprehensive history of the Barbie trial, including the investigation leading up to it, the legal background to the case, and the hurdles the prosecution had to clear in order to bring Barbie to justice. Richard J. Golsan examines the strategies used by the defence, the prosecution, and the lawyers who represented Barbie's many victims at the trial. The book draws from press coverage, articles, and books about Barbie and the trial published at the time, as well as recently released archival sources and the personal archives of lawyers at the trial. Making the case that, despite the views of its many critics, the Barbie trial was a success in legal, historical, and pedagogical terms, Justice in Lyon details how the trial has had a positive impact on French and international law governing crimes against humanity.

Disruptions as Opportunities: Governing Chinese Society with Interactive Authoritarianism addresses the long-standing puzzle of why China outlived other one-party authoritarian regimes with particular attention to how the state manages an emerging civil society. Drawing upon over 1,200 survey responses conducted in 126 villages in the Sichuan province, as well as 70 interviews conducted with Civil Society Organization (CSO) leaders and government officials, participant observation, and online research, the book proposes a new theory of interactive authoritarianism to explain how an adaptive authoritarian state manages nascent civil society. Sun argues that when new phenomena and forces are introduced into Chinese society, the Chinese state adopts a three-stage interactive approach toward societal actors: toleration, differentiation, and legalization without institutionalization. Sun looks to three disruptions-earthquakes, internet censorship, and social-media-based guerilla resistance to the ride-sharing industry-to test his theory about the three-stage interactive authoritarian approach and argues that the Chinese government evolves and consolidates its power in moments of crisis.

Examining the numerous primary sources, including inscriptions, religions, histories, literary references, legal codes, and archaeological reports, Linda Jones Hall presents a composite history of late antique Berytus - from its founding as a Roman colony in the time of Augustus, to its development into a center of legal study under Justinian. The book examines all aspects of life in the city, including geographical setting, economic base, built environment, political structures, religious transitions from paganism to Christianity, and the self-identity of the inhabitants in terms of ethnicity and occupation. This volume provides: * the first detailed investigation of late antique Phoenicia * a look at religious affiliations are traced among pagans, Jews, and Christians * a study of the bishops and the churches. The full texts of numerous narratives are presented to reveal the aspirations of the law students, the professors, and their fellow citizens such as the artisans. The study also explores the cultural implications of the city's Greek, Roman and then Syro-Phoenician heritage.

Now revised and expanded, Louis Jacobs's fascinating study shows how halakhic rulings through the ages have been influenced by social, economic, theological, and even political factors as well as by consideration of the wider ideals and demands of Judaism. Halakhic responses to changed social considerations, particularly regarding women and questions of personal status, new techologies and discoveries, and attitudes to non-Jews are all considered in depth.

Resorting to natural law is one way of conveying the philosophical conviction that moral norms are not merely conventional rules. Accordingly, the notion of natural law has a clear metaphysical dimension, since it involves the recognition that human beings do not conceive themselves as sheer products of society and history. And yet, if natural law is to be considered the fundamental law of practical reason, it must show also some intrinsic relationship to history and positive law. The essays in this book examine this tension between the metaphysical and the practical and how the philosophical elaboration of natural law presents this notion as a "limiting-concept", between metaphysics and ethics, between the mutable and the immutable; between is and ought, and, in connection with the latter, even the tension between politics and eschatology as a double horizon of ethics. This book, contributed to by scholars from Europe and America, is a major contribution to the renewed interest in natural law. It provides the reader with a comprehensive overview of natural law, both from a historical and a systematic point of view. It ranges from the mediaeval synthesis of Aquinas through the early modern elaborations of natural law, up to current discussions on the very possibility and practical relevance of natural law theory for the contemporary mind.

Over the past two decades, the banking industry has expanded and consolidated at a stunningly unprecedented speed. In this time banks have also moved from focusing purely on commercial banking activities to being heavily involved in market-based and transaction-oriented wholesale and investment banking activities. By carrying out an all-encompassing set of activities, banks have become large, complex, interconnected, and inclined to levels of risk-taking not previously seen. With the onset of the 2008 global financial crisis it became apparent that there was an issue of institutions being too big to fail. This book analyses the too-big-to-fail problem of banks in the EU. It approaches the topic from an interdisciplinary perspective using behavioural finance as a tool to examine the occurrence of the global financial crisis and the emergence of the structural problem in large banking institutions. The book draws a comparison between the EU, the US and the UK and the relevant rules to assess the effectiveness of various approaches to regulation in a global context. Chen Chen Hu goes on to use behavioural analyses to provide new insights in evaluating the current structural reform rules in the EU Proposal on Bank Structural Regulation and the newly adopted bank recovery and resolution regime in the EU Bank Recovery and Resolution Directive and the Single Resolution Mechanism (SRM) in the Single Resolution Regulation.

Criminal Law, Twelfth Edition, a classic introduction to criminal law for criminal justice students, combines the best features of a casebook and a textbook. Its success over numerous editions, both at community colleges as well as in four-year college criminal justice programs, is proof this text works as an authoritative source on criminal law, as well as a teaching text that communicates with students. The book covers substantive criminal law and explores its principles, sources, distinctions, and limitations. Definitions and elements of crimes are explained, and defenses to crimes are thoroughly analyzed. Each chapter offers guidance to help students understand what is important, including chapter outlines, key terms, learning objectives, Legal News boxes that highlight current criminal law issues, and Quick Checks that cue the reader to stop and answer a question or two concerning the material just covered. Unique Exploring Case Law boxes offer guidance in using the accompanying cases, which are provided on the book's website and in Part II of this textbook. A robust collection of instructor support materials addresses teaching and learning issues. Updated with all the newest relevant law, this book is appropriate for undergraduate students in criminal law and related courses.

A myth exists that Jews can embrace the cultural components of Judaism without appreciating the legal aspects of the Jewish tradition. This myth suggests that law and culture are independent of one another. In reality, however, much of Jewish culture has a basis in Jewish law. Similarly, Jewish law produces Jewish culture. A cultural analysis paradigm provides a useful way of understanding the Jewish tradition as the product of both legal precepts and cultural elements. This paradigm sees law and culture as inextricably intertwined and historically specific. This perspective also emphasizes the human element of law's composition and the role of existing power dynamics in shaping Jewish law. In light of this inevitable intersection between culture and law, The Myth of the Cultural Jew: Culture and Law in Jewish Tradition argues that Jewish culture often lacks grounding in Jewish law. Roberta Rosenthal Kwall develops and applies a cultural analysis paradigm to the Jewish tradition that departs from the understanding of Jewish law solely as the embodiment of Divine command. Her paradigm explains why both law and culture must matter to those interested in forging meaningful Jewish identity and transmitting the tradition.

Transportation Network Companies and Taxis: The Case of Seattle is a modern economic case history and thorough analysis of the devastating impact of the transportation network company (TNC) industry (Uber and Lyft) on the taxicab industry in Seattle, Washington, beginning in 2014. The events that transpired and lessons learned are applicable to most large cities in North America, Europe and Australia. As the regulator of the taxicab and TNC industries in Seattle during this period, the author offers a unique insider perspective. The book also provides internal operating statistics on the TNC industry, which are available here for the first time. Despite the spectacular growth of the TNC industry, growth rates have steadily declined and may fall to zero by 2019 or 2020, while the taxicab industry appears to have begun a modest recovery. This book offers a thorough explanation of how and why this decline has happened. It explains the taxicab industry, economic deregulation, competitive market failure, market disruption, price elasticity of demand and other concepts. There is also a wealth of data, computations and analysis for the specialized reader. This book considers the past, present and future of the taxicab and TNC industries in Seattle, It is recommended for both the general reader and industry professionals.