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Books > Law > Jurisprudence & general issues > General
Comprehensive coverage of Chinese legality during the Xi era through ideology, law, and institutions. Explores events from ancient times to the present, including Xi's term limit issue, the Hong Kong protests, and the Covid-19 pandemic. An interdisciplinary text involving international collaboration, with authors from political science, sociology, and law backgrounds from the United States, United Kingdom, Australia, Hong Kong, China, and Taiwan.
This book explores a new way of thinking about diplomacy, warfare, trade, and collective goods that begins with the notion that key international actors project their domestic institutions onto the regional or global arena. Exploring the emergence, consolidation, and decay of international norms, the author puts forward a general argument designed to identify patterns across time and space, combining key insights from constructivist, liberal, classical realist, English School, and feminist thinking. By moving from institution to institution, each chapter presents a coherent story ranging from antiquity to the contemporary world allowing us to see not only the patterns, but also to begin to develop conjectures about other causal stories implicit in the narrative. The book will be used by scholars and students of international relations, international organization and law, security studies, political economy, historical sociology, regionalism, and a wide range of specific topics such as arms control, trade, migration, identity, and collective goods.
This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.
This book analyses the drivers of specific common pool resource problems, particularly in fisheries and forestry, examining the way in which private and public regulation have intervened to fight the common pool resource problem by contributing to the establishment and maintenance of property rights. It focuses on the various forms of regulation that have been put in place to protect fisheries and forestry over the past decades - both from a theoretical as well as from a policy perspective - comparing the concrete interaction of legal and policy instruments in eight separate jurisdictions.
In a consolidated democracy, amnesties and pardons do not sit well with equality and a separation of powers; however, these measures have proved useful in extreme circumstances, such as transitions from dictatorships to democracies, as has occurred in Greece, Portugal and Spain. Focusing on Spain, this book analyses the country's transition, from the antecedents from 1936 up to the present, within a comparative European context. The amnesties granted in Greece, Portugal and Spain saw the release of political prisoners, but in Spain amnesty was also granted to those responsible for the grave violations of human rights which had been committed for 40 years. The first two decades of the democracy saw copious normative measures that sought to equate the rights of all those who had benefitted from the amnesty and who had suffered or had been damaged by the civil war. But, beyond the material benefits that accompanied it, this amnesty led to a sort of wilful amnesia which forbade questioning the legacy of Francoism. In this respect, Spain offers a useful lesson insofar as support for a blanket amnesty - rather than the use of other solutions within a transitional justice framework, such as purges, mechanisms to bring the dictatorship to trial for crimes against humanity, or truth commissions - can be traced to a relative weakness of democracy, and a society characterised by the fear of a return to political violence. This lesson, moreover, is framed here against the background of the evolution of amnesties throughout the twentieth century, and in the context of international law. Crucially, then, this analysis of what is now a global reference point for comparative studies of amnesties, provides new insights into the complex relationship between democracy and the varying mechanisms of transitional justice.
1. The concept of social harm is gaining in ground in Criminology as an alternative way of reconceptualizing crime within a wider context. This book offers a major intervention in taking stock of the field and suggesting ways forward. 2. This book would certainly be used as supplementary reading across a number of courses in criminological and social theory, as well as upper level courses on social problems and advanced criminological theory. 3. This book is multi-disciplinary, moving beyond criminology to consider liberal political economic theory and moral philosophy.
Exploring High-risk Offender Treatment and the Role of Music Therapy explores the treatment delivered to high-risk offenders with complex needs, focusing on sex and violent offenders. The book advocates for the further use of less traditional and creative therapies, in particular, music therapy. The higher the risk, the greater the needs. Offenders with complex needs have a range of factors impacting their abilities and well-being including mental health and learning disorders. Importantly, high-risk offenders commonly present with complex needs and, therefore, require treatment that is highly responsive. Guiding this book is the existing literature and qualitative research, conducted by the author, that sought to gain the perspectives and experiences of practitioners in the field. This included 38 interviews with those that deliver treatment to high-risk offenders and music therapy. This book examines the components of high-risk offender treatment, highlighting the effective elements and the limitations found within the literature and from the perspective of interviewed practitioners. Offering insight into less traditional therapies, the book presents literature surrounding mindfulness, psychodrama and art therapy for high-risk offenders. It is argued that there has been a recent shift towards a creative corrections approach, where less traditional therapies are gaining recognition within offender treatment, as they offer unique and supportive benefits to traditional treatment. This book focuses on examining the role of music therapy for high-risk offenders, mainly through a critical discussion on the relevant literature and qualitative practitioner data. Advocating the further implementation of creative corrections approaches, this book will be of great interest to academics and researchers within the fields of offender treatment and penology, as well as forensic psychologists and those studying or practicing music therapy.
Over the years, a shortage of funds has resulted in a huge deficit in government budgets for infrastructure, especially in developing economies. It is no longer feasible for governments to bear the entire burden of funding public infrastructure. Given that an inadequate supply of public infrastructure poses a challenge for the economic development of any country, partnerships with the private sector to fund public infrastructure procurement has started to be relied on as an alternative to traditional public procurement. Public-Private Partnerships are an arrangement that allow private entities to fund, design, manage and operate public infrastructure for a term in exchange for the payment of tolls by users or the government may well be the solution to the infrastructure crisis in many developing economies. This book examines the role of law in the adoption, implementation and regulation of Public-Private Partnership in selected developing economies including Brazil, India, Nigeria and South Africa to address how to deal with overlapping laws and how the law can protect assets invested in PPP in order to attract private sector interests in infrastructure financing in developing market, showing how law can be used to create, sustain and promote PPP frameworks that take into account local circumstances in developing economies.
This book examines the concept of witness protection which is still at an early developmental stage in several African countries including Nigeria, from a legal and institutional perspective. Recent developments in Nigeria highlight the need to clarify legal and conceptual issues within the existing legal framework for protecting witnesses. Using the Nigerian case study, the book illustrates some obscurities inherent in the concept of witness protection. These are highlighted around five critical areas: the definition of witness protection; the scope of beneficiaries requiring protection; the nature of crimes necessitating protection; the nature of protective measures; and the administrative control of witness protection. Specifically, this book draws from the existing literature and practices of witness protection and adopts two distinct perspectives: the criminal justice perspectives and human rights perspectives as heuristic tools for analysing the concept and to separate the disparate influences that shape how it is construed. These distinctions are utilised throughout the book as an integrated way of conceptualising the concept of witness protection. By discussing the practice of witness protection within the Nigerian context, the book contributes to African conversations on the topic of witness protection. The clarifications made in this book are utilised in making normative proposals for developing a legal framework for witness protection in Nigeria. They are also useful for other African countries interested in developing a witness protection framework as part of criminal justice reform. This book will serve as a reference point for legal scholars, researchers, academics, (postgraduate) students and policy makers interested in the concept of witness protection. It would also be useful for courses 'concerned with comparative criminology where there is an interest in developments in the Global South.'
Critical examination of the concept of 'embeddedness', the core concept of an Economic Sociology of Law. Combines insights from law, sociology, economics, and psychology. Ground-breaking study into the prioritization throughout society of interests and voices that align with doctrinal understandings of law and neoclassical understandings of economics. Will appeal to socio-legal scholars and others with interests in the intersection of law, economics and sociology.
Crime, Criminal Justice and Religion: A Critical Appraisal seeks to bridge a gap in the examination of crime and criminal justice by taking both a historical and a contemporary lens to explore the influence of religion. Offering unique perspectives that consider the impact on modern-day policy and practice, the book scrutinises a range of issues such as abortion, hate crime and desistance as well as reflecting upon the influence religion can have on criminal justice professions. The book acts to renew the importance of, and recognise, the influence and impact religion has in terms of how we view and ultimately address crime and deliver criminal justice. One of the first books to cover the area of crime, criminal justice and religion, the book is split into three parts, with part 1 - 'Contextualising Crime, Criminal Justice and Religion' - providing an introduction to crime, criminal justice and religion, and reflections on the role religion has had, and continues to have, in how crime is understood and how we respond to it. Part 2 - 'Appraisal of Institutions and Professional Practice' - considers the issue of religion through institutions and professions of criminal justice, such as the police and legal profession, while part 3 - 'Appraisal of Contemporary Issues' - explores a range of crime and criminal justice issues in on which religion has had an impact, such as the death penalty and terrorism. Crime, Criminal Justice and Religion will be of primary interest to academics, researchers and students in criminology, law, sociology, psychology, social policy and related Humanities, Arts and Social Sciences disciplines. It will also be of interest to theologians, both as scholars and practitioners. The book is a body of work that will appeal at an international level and will also be a key resource for a range of practitioners across the globe working on issues concerning crime and criminal justice.
1. This book offers the first practical introduction to the principles and methods of Evidence-Based Policing. While there is a growing literature on the topic, most existing books are written at a high level. 2. Pedagogical features include tables, figures and short vignettes and summaries in each chapter. Further resources will be included on the author's website, including his Podcast, Reducing Crime. 3. This book has an international market and will appeal to both students studying practical policing courses and police professionals.
Few concerns preoccupy contemporary progressive thought as much as the issue of how to achieve a sustainable human society. The problems impeding this goal include those of how to arrest induced global environmental change (GEC), persistent disagreements about the contribution of economic activities to GEC and further differences in views on how these activities can be reformed in order to reduce the rate of change and thus to mitigate threats to much life on Earth. Reforming Law and Economy for a Sustainable Earth aims to help resolve these problems in two ways. Since addressing GEC will require global coordination, the book first clarifies the conditions necessary to achieve this effectively. Paul Anderson explores these conditions with the aid of a sustained analysis of key concepts in influential disciplines, particularly in social and political theory and law, relating to the transition to a sustainable economy. Second, Anderson tackles the problem of how to arrest GEC by incisively evaluating two leading theoretical positions in terms of their capacity to support the conditions required for effective global coordination. From this basis, the book offers an extensive critique of the idea that global environmental problems can be solved within the framework of global capitalism. It also critically reviews and advances the proposition that global sustainability can be achieved only by changing the capitalist form of organizing the economy. Enriched by a genuinely interdisciplinary approach, the originality of Reforming Law and Economy for a Sustainable Earth lies in the manner it combines a rigorous analysis of the requirements for global sustainability with decisive conclusions as to what are, and what are not, viable means of fulfilling those requirements. The book advances research on sustainability within key disciplines, among them political theory, law and social science, by offering a timely and insightful statement about the global environmental predicament in the 21st century.
In this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider's review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a 'warts and all' analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.
In an age when everyone aspires to teach critical thinking skills in the classroom, what does it mean to be a subversive law teacher? Who or what might a subversive law teacher seek to subvert - the authority of the law, the university, their own authority as teachers, perhaps? Are law students ripe for subversion, agents of, or impediments to, subversion? Do they learn to ask critical questions? Responding to the provocation in the classic book Teaching as a Subversive Activity, by Postman and Weingartner, the idea that teaching could, or even should, be subversive still holds true today, and its premise is particularly relevant in the context of legal education. We therefore draw on this classic book to discuss, in the present volume, the consideration of research into legal education as lifetime learning, as creating meaning, as transformative and as developing world-changing thinking within the legal context. The volume offers research into classroom experiences and theoretical and historical interrogations of what it means to teach law subversively. Primarily aimed at legal educators and doctoral students in law planning careers as academics, its insights speak directly to tensions in higher education more broadly.
International commercial arbitration and litigation are often seen as competing fora, fields of law, or markets. This intersection is at its highest at the forefront of any proceedings, at the jurisdictional stage. The analysis of jurisdictional issues at the forefront of an arbitration has been confined in a descriptive analysis of the law and jurisprudence, dealing with jurisdictional intersections almost in a mechanistic manner. These are not, however, issues which can be treated as mere mechanical rules. They are issues pertaining to core notions of authority, sovereignty, their origins and their allocation. At the same time, the pragmatic and practical domination of party autonomy is a fact which cannot be disregarded when one considers the normative and theoretical foundations of any model of dealing with these issues. This book moves beyond an analysis of arbitration and jurisdiction clauses to reconcile theory and practice, and provides an underlying theoretical model to explain and regulate jurisdictional intersections at the early stages of an arbitration from a private international law perspective. It combines both an in-depth engagement with the theoretical literature as well as a close examination and analysis of its practical consequences in the form of a restatement of the law of England and Wales. From a methodological perspective, it utilises contemporary theories in private international law to propose a coherent model of regulating arbitral jurisdictions which promotes autonomy and freedom of the parties at this stage. Demonstrating, first, how the theoretical model can be applied in practice and, second, to provide a basis for a potential future top-down or bottom-up approach of adopting the proposed model, it includes a succinct and practical codification of the current state of affairs in relation to the whole spectrum of jurisdictional issues in England and Wales to serve as a useful tool for practitioners considering jurisdictional issues both from the perspective of State courts and from the perspective of arbitral tribunals, as well as academics researching in these areas.
Balancing a child's welfare interests and rights so as to ensure recognition and respect for his or her autonomous identity, while facilitating family unity, has become a major challenge for modern family law. This book, following on from The Principle of the Welfare of the Child: A History, examines, contrasts, and compares the response of England and Wales and Ireland to that challenge. It does so by applying the same matrix of indicators to explore, in each country, the distinction between welfare interests and rights and to trace changes in the balance between them. By profiling the nations in accordance with the same indicators, it reveals important jurisdictional differences in the extent to which welfare interests or rights determine how the law is currently applied to children.
* Presents a detailed picture of the operations of Halden Prison and the principles and policies of the Norwegian correctional service. * Offers lessons for incorporating practices of humane care and custody of imprisoned populations. * Essential reading for academics and students engaged in the study of criminology, corrections, and penology, as well as practitioners, administrators, judges, policymakers, and advocates.
'Thoughtful, stimulating and even entertaining ... Lord Sumption's opinion is always worth listening to, even - or especially - if one disagrees with it.' Daily Telegraph 'Time spent on Law in a Time of Crisis is time spent in the company of a brilliant mind considering interesting things' The Times Brexit, the independence referendum, the pandemic: the UK is a country in crisis. And, in crises, we turn to the law to set the boundaries of what the government can and should do. However, in a country with no written constitution, what sounds like a simple proposition is in fact anything but. Based on his 2019 Reith lectures, former Supreme Court Judge Jonathan Sumption asks: what are the limits of law in politics? Is not having a constitution a hindrance or help in times of crisis? From referenda to the rise of nationalisms, Law in a Time of Crisis exposes the uses and abuses of legal intervention in British crises - past, present, and potential.
Brings together a team of experts in the area of sport, physical activity and criminal justice. The first time that the relationship between sport, physical activity and criminal justice has been explored from both policy and theoretical standpoints. Explores the lived experiences of sport, physical activity and criminal justice from an international perspective. Provides a unique contribution to the literature surrounding sport and criminal justice by bringing together scholars from a range of academic disciplines and subject areas. Includes a number of chapters containing original/seminal work; for example, the connection between the Adverse Childhood Experiences (ACEs psychological framework) and sports mentoring.
Presenting the issues of discrimination in employment in a multifaceted manner, this book examines the standards on anti-discrimination law for employment at international and EU levels and those deriving from national jurisdictions. Bringing together top scholars in the field of anti-discrimination employment law, this book explains the conceptual and theoretical foundations of the principle of non-discrimination in employment and assesses the most significant changes to law and ongoing challenges in the Netherlands, Poland, Germany, the UK, Australia, New Zealand, Canada, India, Switzerland and Israel. Identifying emerging trends in anti-discrimination employment law, this book offers a comparative, problem-solving approach and an in-depth analysis of new developments in both anti-discrimination statutory law and case law. Addressing employment law with a focus on anti-discrimination law and human rights law, this book will be essential reading for students, academics and practitioners working in the fields of labour and employment law, anti-discrimination law and human rights law and offers an international comparative overview of the most up-to-date issues relating to discrimination.
The seventh edition of this classic handbook on the policy process is fully updated, featuring new material on policy making amid local and global disruption, the contestable nature of modern policy advice, commissioning and contracting, public engagement and policy success and failure. The Australian Policy Handbook shows how public policy permeates every aspect of our lives. It is the stuff of government, justifying taxes, driving legislation and shaping our social services. Public policy gives us roads, railways and airports, emergency services, justice, education and health services, defence, industry development and natural resource management. While politicians make the decisions, public servants provide analysis and support for those choices. This updated edition includes new visuals and introduces a series of case studies for the first time. These cases-covering family violence, behavioural economics, justice reinvestment, child protection and more-illustrate the personal and professional challenges of policymaking practice. Drawing on their extensive practical and academic experience, the authors outline the processes used in making public policy. They systematically explain the relationships between political decision makers, public service advisers, community participants and those charged with implementation. The Australian Policy Handbook remains the essential guide for students and practitioners of policy making in Australia.
This book is the first to map and critically analyse the legalisation of EU-Japan cooperation in criminal justice matters, charting the existing legal instruments which regulate cooperation in the fight against crime between European states and Japan. It examines which forms of cooperation are regulated by EU Law, and which are not, and takes stock through selected case studies of the functioning in practice of cooperation between the EU as an organisation, single European States and Japan. The book focuses particularly on police cooperation, exchange of electronic evidence, mutual legal assistance, extradition, transfer of prisoners and data exchanges. It looks at the EU-Japan MLA Agreement, the Europol-Japan National Police Agency Working Arrangement, the negotiations on a PNR Agreement, and the Council of Europe Convention for Transfer of Sentenced Persons; all instruments aimed at regulating cooperation against crime between European states and Japan. Finally, the book also looks at the implications for the fight against crime of the EU-Japan Economic Partnership Agreement, Strategic Partnership Agreement, and the European Commission Adequacy decision. This book will be of key interest to scholars and students of EU Criminal law, EU-Japan cooperation, Japanese studies, transnational crime, and more broadly to comparative criminal justice, International Relations and security studies. Chapter 1 and 9 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non-Commercial-No Derivatives 4.0 licence.
This book provides a set of proposals for how best to guarantee effective enforcement of labour rights worldwide. The linkage between labour standards and global trade has been recurrent for some 200 years. At a time when the world is struggling to find a way out of crisis and is striving for economic growth, more than ever there is a need for up-to-date research on how to protect and promote labour rights in the global economy. This book explores the history of the field and also provides an overview of emerging trends and opportunities. It discusses the most recent problems including: the effectiveness and the role of the International Labour Organization (ILO) in the second century of its existence, the World Trade Organization (WTO) and its potential relevance in the protection of labour rights, the effectiveness of the US and the EU Generalised System of Preferences, the impact of corporate social responsibility (CSR) instruments on labour rights, and labour provisions in the international trade agreements concluded by the US and the EU. The book argues, inter alia, that trade agreements seem to be a useful tool to help pave the way out of the crisis and that the United States-Mexico-Canada Agreement (USMCA) can be perceived as a model agreement and a symbol of a shift in perspective from long global supply chains to a focus on regional ones, local production, jobs and a rise in wages. The book will be essential reading for academics and students in the fields of human rights law, international labour law, industrial relations law, international sustainable development law, international economic law and international trade law. It will also be of interest to practitioners, non-government organisations (NGOs) and policy makers.
The leading academic authorities contributing to this book have been involved in major studies carried out for international organisations, individual governments, and national trades' union organisations; in Vulnerable Workers they consider the growth of job insecurity, the prevalence of flexible or temporary work, and the emergence of precarious forms of self-employment. They look at the new market economies of post-communist Eastern Europe and China, where economic development may occur at the expense of workers' lives and health; 'misclassification' by employers of workers as 'contractors', denying them access to rights; and the plight of migrant, transient and 'invisible' workers. The impact of supply chain business strategies on the most vulnerable workers; and on the complex relationships between levels of job security and the presence of different kinds of risks are similarly assessed. The contributors also propose responses to the challenges they highlight. The role of employee representatives is examined, together with the potential to enhance worker capability through organisational change. New legislative approaches, and changes to traditional compensation and social security systems are considered. Academics and researchers, policy makers, regulators, trades unionists and occupational health professionals - and wise employers - will all find a use for this book. |
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