Critical theory encapsulates the many connections between theory and praxis. This Research Handbook addresses the broad range of these connections in relation to legal thought. Featuring contributions from leading scholars of law and critical theory, the Handbook confronts the logic of the institutional with its specific challenges right across the broad field of legal thought. The Research Handbook initially addresses the question of definition, tracking the origins and development of critical legal theory along its European and North American trajectories. Thematic connections are made between the development of legal theory and other currents of critical thought including feminism, Marxism, critical race theory, varieties of postmodernism, as well as the various 'turns' (ethical, aesthetic, political) of critical legal theory. Finally, particular legal disciplines are examined, including labour, criminal and intellectual property law, exploring what critical approaches reveal about them with the clear focus on opportunities for social transformation. This comprehensive and forward-looking Research Handbook will be of great interest to adherents of critical legal theory and scholars of jurisprudence more widely, as it provides a valuable analysis of the latest research and thinking in this dynamic field.

This book provides a comprehensive introduction to the economics of the business of maritime transport. It provides an economic explanation of four aspects of maritime transport, namely, the demand, the supply, the market and the strategy. The book first explains why seaborne trade happens and what its development trends are; it then analyses the main features of shipping supply and how various shipping markets function; the book finally addresses the critical strategic issues of the shipping business. The full range of different types of shipping are covered throughout the chapters and cases. The book combines the basic principles of maritime transport with the modern shipping business and the latest technological developments, particularly in the area of digital disruption. The ideas and explanations are supported and evidenced by practical examples and more than 160 tables and figures. The questions posed by the book are similar to those that would be asked by the students in their learning process or the professionals in the business environment, with the answers concentrating on the reasons for what has happened and will happen in the future rather than merely fact-telling or any specific forecast. The book is most suited for students of shipping-related disciplines, and is also a valuable reference for maritime professionals.

Die arbeidswetgewing wat betrekking het op die onderwysomgewing is omvattend en dek 'n groot verskeidenheid aspekte waarmee almal binne hierdie omgewing op een of ander stadium te doen kry. Waar daar in die verlede moontlik 'n vae begrip van veral wette en regulasies ten opsigte van diensvoorwaardes by meeste werknemers in die onderwys teenwoordig was, is dit nou onontbeerlik om 'n basiese begrip van alle relevante wetgewing en regulasies wat van toepassing is, te he. Veral onderwysers kan hulle in die spreekwoordelike mynveld bevind indien hulle nie seker maak dat hulle oor die basiese kennis van onderwysreg beskik nie. Dit word gestaaf deur die talle hofsake, dispute, mediasie, dissiplinere verhore en die dikwels onaangename implikasies daarvan vir indiwidue (en hul gesinne) wat voortspruit uit aanklagte teen oortreders in alle sektore van die onderwys. Wetswysigings na aanleiding van veranderde omstandighede binne die onderwys, lei tot die behoefte om voortdurend op die hoogte van die implikasies en toepassing daarvan te wees. Hierdie dringende behoefte geld nie alleen vir skoolhoofde nie, maar vir elkeen betrokke by onderwys. Aan die een kant berus die korrekte toepassing en implementering by die beheerliggaam en die hoof van 'n inrigting, maar aan die anderkant raak dit die mense wat daar werksaam is. Die skrywers van hierdie boek het nie alleen 'n deeglike besef van hierdie noodsaaklike behoefte nie, hulle spreek dit ook baie effektief aan deur middel van hulle uiters waardevolle ervaring. Hierdie ervaring spruit voort uit praktiese betrokkenheid by die onderwys asook deeglike navorsing op die terrein van onderwysreg. Kennis van al die aspekte wat in hierdie boek aangespreek word, verbeter ongetwyfeld die kwaliteit van die onderrig- en leerproses in die klaskamer - 'n broodnodige doelwit om na te streef. Dit skep ook 'n veiliger omgewing waarbinne elkeen funksioneer. Persoonlik is ek baie dankbaar vir die bydrae wat deur middel van hierdie handige handleiding gemaak word tot die uiteindelike kwaliteit van onderwys in Suid Afrika. Dr. Jopie Breed President: SAOU

Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. This insightful Research Agenda explores the varied manifestations of organised crime, both on the street and through transnational enterprises, and reveals its impact on the integrity of the financial system. Leading academics identify measures which would disrupt and discourage these threats, however sophisticated, and consider avenues for future research. Taking an interdisciplinary approach to the multi-faceted dangers posed by organised crime, the book begins with an overview of the misconceptions surrounding the topic, evaluating the limitations of the traditional justice system in addressing corruption and conspiracy. Progressive chapters illustrate a practical knowledge of addressing such threats, identifying new directions for the study of concepts such as organised crime and power, as well as tackling the ways in which enterprises use money laundering to clean their proceeds. They also point to ways in which the law will need to develop to address the opportunities for cyber-enabled crime facilitated by recent technological developments. An engaging platform for future scholarship, this topical Research Agenda will prove a thought-provoking read for academics and policymakers in the areas of criminal justice law, criminology, corruption, and economic crime.

This original and insightful book considers the ways in which public law, which emphasises legality (the Demos), and economics, a science oriented towards the markets (the Agora), intertwine. Throughout, George Dellis argues that the concepts of legality and efficiency should not be perceived separately. An Economic Analysis of Public Law shows that combining these two disciplines allows for a more realistic view of decision-making and human action, leading to the creation of a 'new' public law that improves the functioning of non-consensual institutions. The book explores the ways in which this will lead to a better coexistence of Demos and Agora, especially in modern times of globalisation and competition among regulators. Chapters cover almost all aspects of the economic analysis of public law, such as the importance of economic analysis, design and decision-making for public institutions, and a general economic theory for public law and regulation. Students, scholars and researchers in disciplines such as law and economics, European and public law in general, as well as the philosophy of law will find this book to be a valuable resource. It will also be a companion for anyone who is interested in understanding how the Law of the State and the State itself evolve in the current, globalised world.

This timely book investigates the issue of counterfeit and falsified medicines (CFM) in the EU, identifying that this is a problem that lies at the intersection of three spheres of law - medicine, intellectual property (IP), and criminal law. The book highlights key issues such as infiltration of the legal supply chain and the involvement of organised crime, analysing relevant EU law and demonstrating the challenges of CFM. Using examples from several case studies, Vishv Priya Kohli reveals the gaps in the current legal framework, underlining the particular difficulties created by the interplay between different areas of law as well as the lack of criminal penalties. The author explores areas where improvements have already been made, in particular through the Falsified Medicines Directive, and articulates a number of recommendations to fill in the gaps, for example by harmonizing criminal law and building synergies within law enforcement. Counterfeit and Falsified Medicines in the EU will be of great interest to academics and students in IP, health and medical law, and criminal law in the EU. It will also prove valuable for practitioners and policymakers working in and with enforcement authorities in the EU, as well as those working in the medical field itself.

This timely book provides a critical consideration of one of the most pressing matters confronting global and regional strategies for suppressing transnational organized crime today: the question of the scope and rationale of States' criminal jurisdiction over these cross-border offences. It shines a light on the complex challenges posed by transnational organized crime to international criminal law. Fulvia Staiano analyses the ways in which transnational organized crime has pushed States, as well as international organizations and institutions, to rethink the boundaries and rationale of territorial and extraterritorial State jurisdiction. The book examines consolidated instances of transnational organized crimes, such as human trafficking, migrant smuggling and trafficking in firearms, but also looks at emerging phenomena which have come to the attention of scholars and practitioners in more recent times, including cybercrime. In doing so, it draws a connection between States' responses to 'old' and 'new' transnational crimes while providing an up-to-date analysis of international practice in this field. Contributing to the broader academic debate on the need to conceptualize transnational criminal law as an area of study separate from international criminal law, this book will be a key resource for postgraduate students, researchers and academics in the fields of public international law, criminal law, international relations, as well as social and political studies.

Creativity has been integral to the development of the modern State, and yet it is becoming increasingly sidelined, especially as a result of the development of new machinic technologies including 3D printing. Arguing that inner creativity has been endangered by the rise of administrative regulation, James Griffin explores a number of reforms to ensure that upcoming regulations do take creativity into account. The State of Creativity examines how the State has become distanced from individual processes of creativity. This book investigates how the failure to incorporate creativity into administrative regulation is, in fact, adversely impacting the regulation of new technologies such as 3D and 4D printing and augmented reality, by focusing on issues concerning copyright and patents. This is an important read for intellectual property law scholars, as well as those studying computer science who wish to gain a more in-depth understanding of the current laws surrounding digital technologies such as 3D printing in our modern world. Legal practitioners wanting to remain abreast of developments surrounding 3D printing will also benefit from this book.

Business Law for Entrepreneurs covers the unique business and legal issues of startups and small businesses. Outlining critical knowledge on the complete range of topics for entrepreneurs, the textbook covers invention ownership, the use and protection of trademarks, copyrights, patents and trade secrets, as well as entity formation, funding and management, employment, regulatory compliance and liquidity events. This cutting-edge textbook provides students with the competence and practical insights required to identify and respond to emerging challenges in our rapidly evolving business and legal environment. The textbook includes: Key terms and managers' checklists, as well as chapter summaries and key questions to reinforce student learning An instructors' manual, featuring detailed responses to case studies, case questions and ethical considerations >Carefully selected cases that highlight the practical implications of legal issues for entrepreneurs. Expertly combining business and legal strategies for entrepreneurs, this textbook perfectly complements undergraduate and graduate programs that feature entrepreneurship, as well as practitioners preparing to solve real-world business and legal challenges.

Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. It is becoming more important in the modern, globalized period to understand the power of illicit and illegal acts and actors in shaping our world. Opening with chapters that look across the diverse terrain of global crime, this Research Agenda moves on to consider key specific areas, including: organised crime, cyber crime, war crimes, terrorism, state and private violence, riots and political protest, prisons, sport and crime and counterfeit goods. Offering both critical reviews of key theories and in-depth case studies, this Research Agenda challenges the notion that criminal acts in a global age are solely the preserve of organised criminal groups, highlighting the role of other actors including governments, armies and corporations. A vital source of reference for criminology and sociology undergraduate, and post-graduate students, as well as those from a host of other social science disciplines, this Research Agenda will provoke thought and discussion across these topics. It will also be of great benefit for policy makers and practitioners working to better understand and combat transnational crime.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this carefully drafted work, Ernst Hirsch Ballin uncovers the foundations of legal research methods, an area of legal scholarship distinctly lacking in standardisation. Offering a critical overview of the theories underlying methodological research, as well as the methods themselves, the book explores how such methods differ along critical, empirical, and fundamental lines, and how, by building on these approaches, legal research may contribute to well-considered developments in the law. Such explorative research, the author argues, is crucial in overcoming crises and restoring trust in the law. Key features include: an exploration of the common object of legal research: law in the sense of legal rules, decisions, principles and values special emphasis on the legal-grammatical category of personhood and on constitutional foundations a consideration of law as a normative language intended to guide behaviour a consideration of the theoretical underpinnings of legal research methods. This Advanced Introduction will greatly benefit legal scholars who seek to understand the object and methods of their work, as well as law and philosophy students looking to grasp the theoretical and methodological foundations of law and legal development.

'In order to use law to improve social welfare, scholars and policy makers need to be able to predict how people will respond to the legal change. To do so, they must understand when and how decisions are affects by systematic biases and heuristics, including how people respond to changes in either the legal or institutional environment. In this path-breaking volume, Professors Teitelbaum and Zeiler have assembled leading scholars from a variety of disciplines to enrich our understanding of human decision-making and analyze the implications of behavioral analysis for a wide range of legal issues, including antitrust, consumer finance, criminal law, torts, and property. This book will be enormously valuable for students, scholars and policy makers.' - Jennifer Arlen, New York University, School of Law, US The field of behavioral economics has contributed greatly to our understanding of human decision making by refining neoclassical assumptions and developing models that account for psychological, cognitive, and emotional forces. The field?s insights have important implications for law. This Research Handbook offers a variety of perspectives from renowned experts on a wide-ranging set of topics including punishment, finance, tort law, happiness, and the application of experimental literatures to law. It also includes analyses of conceptual foundations, cautions, limitations and proposals for ways forward. The leading scholars of law, economics, and psychology featured in this Research Handbook use their insights to synthesize and contribute to the extant research at the intersection of behavioral economics and key areas of law, and to demonstrate methods for effective original research. With synthetic literature reviews and original research, conceptual overviews and critical perspectives, as well as topic-specific chapters, it provides a strong overview of this burgeoning field. Law and economics scholars, behavioral law scholars, and behavioral economists and psychologists dealing with law, judgement and decision-making will appreciate this Research Handbook?s dedication to applicable research, and judges, lawmakers, policy advocates and regulators will note its important practical implications for law and public policy. Contributors include: S. Agarwal, A. al-Nowaihi, B.W. Ambrose, J. Baron, M. Bos, G. Charness, T. Chorvat, G. DeAngelo, S. Dhami, B. Ho, P.H. Huang, D. Huffman, O.D. Jones, C.M. Landeo, B. Luppi, K. McCabe, G. Mitchell, F. Parisi, S. Payne Carter, P.M. Skiba, A. Stein, T. Wilkinson-Ryan, E. Xiao, K. Zeiler

Whilst the concept of jus cogens has grown increasingly more important in public international law, lawyers remain hugely divided both over what precisely confers a jus cogens status on a norm, and what this conferral implies in terms of legal consequences. In this ground-breaking book, Ulf Linderfalk clearly and succinctly explores the reasons for this divide in order to facilitate more rational and productive future discourse. Offering a new focus for jus cogens research, this insightful work moves beyond traditionally designed investigations of the application of jus cogens in international law and instead analyses the many implicit basic assumptions held by participants in international legal discourse, and the way in which these assumptions explain their various claims. Clarifying the precise relationship between submitted propositions and a legal positivist or legal idealist frame of mind, this captivating book will influence not only the future understanding and practice of international law, but also its codification and progressive development. Scholars and advanced students of public international law, and international legal theory especially, will find this book a stimulating and novel read. Practitioners and judicial bodies will also benefit from a deeper understanding of the many issues and influences surrounding the concept of jus cogens.

This insightful book presents a radical rethinking of the relationship between law, regulation, and technology. While in traditional legal thinking technology is neither of particular interest nor concern, this book treats modern technologies as doubly significant, both as major targets for regulation and as potential tools to be used for legal and regulatory purposes. It explores whether our institutions for engaging with new technologies are fit for purpose. Having depicted a legal landscape that includes legal rules and principles, regulatory frameworks, technical measures and technological governance, this thought-provoking book presents further exercises in rethinking. These exercises confront communities with a fundamental question about how they are to be governed-by humans using rules or by technical measures and technological management? Chapters rethink the traditional arguments relating to legality, the rule of law, legitimacy, regulatory practice, dispute resolution, crime and control, and authority and respect for law. Examining the role of lawyers and law schools in an age of governance by smart technologies, Rethinking Law, Regulation, and Technology will be a key resource for students and scholars of law and technology, digital innovation and regulation and the law.

A pioneer in forensic anthropology, Dr. Bill Bass created the world's first laboratory dedicated to the study of human decomposition--three acres on a hillside in Tennessee where human bodies are left to the elements. His research has revolutionized forensic science, but during a career that has spanned half a century, Bass and his work have ranged far beyond the gates of the "Body Farm."

In this riveting book, the renowned bone sleuth explores the rise of modern forensic science and takes readers deep into the real world of crime scene investigation. Beyond the Body Farm is an extraordinary journey through some of the most fascinating investigations of Dr. Bass's career--and a remarkable look at the high-tech science used to crack the most perplexing cases.

When law and economics first became an important part of the legal academy, it was a relatively straightforward application of microeconomic theory to legal issues. However, in the past 40 years the field has expanded its toolkit dramatically. This latest volume in the acclaimed Encyclopedia of Law and Economics maps the methodological territory in law and economics with a series of entries by distinguished scholars. These entries introduce and evaluate the law and economics mechanisms, including: the roles of microeconomic theory, public and social choice, history, complexity theory, philosophy, comparative law studies, behavioral economics and empirical techniques. Each one introduces a methodology, demonstrates its importance to the field of law and economics and assists the reader in navigating the leading literature on that topic. This volume will be an essential reference for all those who research or teach law and economics, law and society or empirical methods in law. Contributors include: N. Garoupa, D. Klerman, M.J. McGinnis, T.J. Miceli, M. Pargendler, D. Roithmayr, H. Spector, M.L. Stearns, T.S. Ulen

This two-volume set investigates the concept, institutionalization, models and mechanism of mediation, an important form of alternative dispute resolution within China’s legal system. Grounded in traditional dispute resolution practices throughout Chinese history, mediation is born out of the Chinese legal tradition and considered to be “Eastern� in nature. Seeking to explore how mediation has developed in order to function in a modernized society, the first volume looks into the legal foundations of Chinese mediation as well as paths to the institutionalization and professionalization of mediation. The second volume examines the development of diversified dispute resolution via the elucidation of eight major types of mediation in China. By reviewing its history and enquiring into trends and prospects, the authors seek to establish a mediation system that incorporates diversified models, institutionalized and noninstitutionalized approaches, changing contexts, and a range of dimensions for society. This title will serve as a crucial reference for scholars, students and related professionals interested in alternative dispute resolution, civil litigation, and especially China’s dispute resolution policy, law, and practice.

'In order to use law to improve social welfare, scholars and policy makers need to be able to predict how people will respond to the legal change. To do so, they must understand when and how decisions are affects by systematic biases and heuristics, including how people respond to changes in either the legal or institutional environment. In this path-breaking volume, Professors Teitelbaum and Zeiler have assembled leading scholars from a variety of disciplines to enrich our understanding of human decision-making and analyze the implications of behavioral analysis for a wide range of legal issues, including antitrust, consumer finance, criminal law, torts, and property. This book will be enormously valuable for students, scholars and policy makers.' - Jennifer Arlen, New York University, School of Law, US The field of behavioral economics has contributed greatly to our understanding of human decision making by refining neoclassical assumptions and developing models that account for psychological, cognitive, and emotional forces. The field?s insights have important implications for law. This Research Handbook offers a variety of perspectives from renowned experts on a wide-ranging set of topics including punishment, finance, tort law, happiness, and the application of experimental literatures to law. It also includes analyses of conceptual foundations, cautions, limitations and proposals for ways forward. The leading scholars of law, economics, and psychology featured in this Research Handbook use their insights to synthesize and contribute to the extant research at the intersection of behavioral economics and key areas of law, and to demonstrate methods for effective original research. With synthetic literature reviews and original research, conceptual overviews and critical perspectives, as well as topic-specific chapters, it provides a strong overview of this burgeoning field. Law and economics scholars, behavioral law scholars, and behavioral economists and psychologists dealing with law, judgement and decision-making will appreciate this Research Handbook?s dedication to applicable research, and judges, lawmakers, policy advocates and regulators will note its important practical implications for law and public policy. Contributors include: S. Agarwal, A. al-Nowaihi, B.W. Ambrose, J. Baron, M. Bos, G. Charness, T. Chorvat, G. DeAngelo, S. Dhami, B. Ho, P.H. Huang, D. Huffman, O.D. Jones, C.M. Landeo, B. Luppi, K. McCabe, G. Mitchell, F. Parisi, S. Payne Carter, P.M. Skiba, A. Stein, T. Wilkinson-Ryan, E. Xiao, K. Zeiler

Law, order and liberty: Essays in honour of Tony Mathews pays tribute to an academic and activist who has profoundly influenced South African law through his books and journal articles on democracy and human rights. Tony Mathews' compelling defence of the rule of law and his unremitting championing of the cause of human rights inspired a generation of law students and practitioners in the darkest days of apartheid. His untimely death just prior to the inception of constitutional democracy in South Africa deprived this nation of one of its most incisive legal minds. In honour of Mathews' rich intellectual legacy, Marita Carnelley and Shannon Hoctor have assembled contributions, principally focusing on administrative law and justice, from a number of eminent scholars - all of whom were influenced and encouraged by his work. As the chapters in this long-overdue book make abundantly clear, Mathews' principled and powerful critique of the apartheid laws that negated human rights, and eviscerated the legitimacy of the South African legal system, remains as a monument to both his moral courage and his legal brilliance. This tribute reminds us of the debt we owe to Mathews and rouses us to spiritedly defend the values that he upheld with such clarity and conviction.

Personereg, wat nou die sesde uitgawe beleef, het deur die jare 'n standaardwerk oor die Suid-Afrikaanse personereg geword. Hierdie boek is vir die eerste keer in 1995 gepubliseer, net nadat Suid-Afrika 'n nuwe demokratiese bedeling aanvaar het. Die boek is 'n algemene bron oor die personereg wat ook uitgebreide verwysings bevat. Dit reflekteer die transformasie van die personereg om die waardes te weerspieel wat in die Grondwet van die Republiek van Suid-Afrika, 1996, met spesifi eke verwysing na die Handves van Regte, verskans word. Die sistematiese uiteensetting en breedvoerige oorsig maak hierdie boek geskik om as 'n handboek te bruik. Dit is ook in Engels beskikbaar. Eerstejaarstudente kan verwag om die grootste voordeel uit Personereg te put indien dit saam met Law of Persons Sourcebook gebruik word.

In 2001, Richard Delgado and Jean Stefancic published their definitive Critical Race Theory, a compact introduction to the field that explained, in straightforward language, the origins, principal themes, leading voices, and new directions of this important movement in legal thought. Since then, critical race theory has gone on to influence numerous other fields of scholarship, and the Delgado and Stefancic primer has remained an indispensible guide for students and teachers. Delgado and Stefancic have revised the book to include material on key issues such as colorblind jurisprudence, Latino-Critical scholarship, immigration, and the rollback of affirmative action. This second edition introduces readers to important new voices in fields outside of law, including education and psychology, and offers greatly expanded issues for discussion, updated reading lists, and an extensive glossary of terms.

Key Features: • Discusses the clinical and applied aspects of forensic medicine through illustrative case scenarios and reports. • Addresses the needs of clinicians and forensic medicine specialists in writing medico-legal reports for specific cases. • Provides evidence-based solutions to medicolegal and ethical dilemma faced during routine practice.