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Books > Law > Jurisprudence & general issues > General
Although the adoption of market reforms has been a key factor leading to China's recent economic growth, China continues to be governed by a communist party and has a socialist-influenced legal system. Vietnam, starting later, also with a socialist-influenced legal system, has followed a similar reform path, and other countries too are now looking towards China and Vietnam as models for development. This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and raising important questions such as: Is there a distinctive Chinese model, and/or a more general East Asian Model? If so, can it be flexibly applied to social and economic conditions in different countries? If it cannot be applied to a culturally and politically similar country like Vietnam, is the model transportable elsewhere in the world? Combining 'micro' or interpretive methods with 'macro' or structural traditions, the book provides a nuanced account of legal reforms in China and Vietnam, highlighting the factors likely to promote, change or resist the spread of the Chinese model.
The only student textbook covering this frequently-taught subject Fully updated new edition includes updates in case law and the ongoing impact of the Insurance Act 2015 and a revised chapter on smart contracts to include discussion of Blockchain First two editions extremely well received and adopted by the market
This book provides a highly accessible yet practical guide to all aspects of arbitration, from the drafting of an arbitration agreement through to the award, including enforcement and appeals. Being comprehensive in its approach, every stage of the arbitral process under the Arbitration Act 1996 is covered including a separate chapter covering special types of arbitration such as consumer schemes and arbitrations under statute. Written in simple non-legalistic language and intentionally general in its coverage, it should be of relevance to arbitration matters whatever trade or profession practised.
The Nicholas J. Healy Lectures on Admiralty Law takes place annually at New York University School. They commenced in 1992 with the aim of providing a forum for the scholarly consideration of maritime law and, delivered by expert academics and practitioners in the field, provide great insight into the development of admiralty law since then. This volume collects the seventh to thirteenth lectures, which were given from 2005 to 2015.
This book examines the drug dealer in contemporary society from an interdisciplinary perspective and considers the increasingly blurred demarcation between illegitimate and legitimate drug markets. It explores the motives and drivers of those involved in drug supply and dispels common and stereotypical myths and misconceptions surrounding illegal drug markets and those who operate within them. The drug dealer has become one of our foremost contemporary ‘folk devils’. Those who trade in substances prohibited by law are the subject of array of inaccurate myths and urban legends. Criminology has tended either to shoehorn drug dealers into neat typologies or portray them as ‘victims’ of an uncaring, predatory post-modern society. In reality, we know relatively little about the complex and diverse world of drug markets and our concentration inevitably falls on low-end ‘retail’ dealers who operate in the most visible sectors of the illegal economy. Bringing together an international group of experts, this book considers perspectives from around the world, including UK, USA, South America, Spain, India and Australia. This book will be of interest to students and researchers across criminology, law, sociology, criminal justice and public health, and will be essential reading for those taking courses on drugs, drug markets and substance misuse.
Abolish Criminology presents critical scholarship on criminology and criminal justice ideologies and practices, alongside emerging freedom-driven visions and practices for new world formations. The book introduces readers to a detailed history and analysis of crime as a concept and its colonizing trajectories into existence and enforcement. These significant contexts buried within peculiar academic histories and classroom practices are often overlooked or unknown outside academic and public discussions, causing the impact of racializing-gendering-sexualizing histories to extend and grow through criminology’s creation of crime, extending how the concept is weaponized and enforced through the criminal legal system. It offers written, visual, and poetic teachings from the perspectives of students, professors, imprisoned and formerly imprisoned persons, and artists. This allows readers to engage in multi-sensory, inter-disciplinary, and multi-perspective teachings on criminology’s often discussed but seldom interrogated mythologies on violence and danger, and their wide-reaching enforcements through the criminal legal system’s research, theories, agencies, and dominant cultures. Abolish Criminology serves the needs of undergraduate and graduate students and educators in the social sciences, arts, and humanities. It will also appeal to scholars, researchers, policy makers, activists, community organizers, social movement builders, and various reading groups in the general public who are grappling with increased critical public discourse on policing and criminal legal reform or abolition.
The new third edition of Law and Society provides a balanced, multidisciplinary, and comprehensive overview of law as an essential social institution that both shapes and is shaped by society. Between this book’s covers, readers will find the theoretical and conceptual contributions of anthropologists, historians, law professors, political scientists, philosophers, psychologists, and sociologists. By synthesizing this wide range of perspectives, the book provides readers with a nuanced and in-depth context to think about, discuss, and analyze current trends, issues, and events. Through this book, readers will also grasp the many ways law affects the lives of individuals and, more generally, how law and society affect each other in matters such as dispute settlement, criminal law, social movements, inequality, and social control. The third edition is brought up to date with the helpful reorganization of chapters. Separate chapters exploring how we define law, the differences among the major families of law, and dispute processing make the textbook more readable and adaptable to specific course objectives. Thorough revisions across the chapters reflect the latest sociolegal perspectives and research and include many new references and contemporary examples to help students appreciate a wide range of law and society issues. This thoughtful and stimulating introduction to the field is ideal for advanced undergraduate courses in Law and Society and Introduction to Law.
Comprehensive coverage of Shipping Law, covering both wet and dry shipping and taking a commercial and practical perspective on the issues covered. The book's wide-ranging overview of the subject allows students to use it on a variety of LLM-level courses such as Maritime and Shipping Law, Admiralty Law, Law of the Sea, Carriage of Good by Sea and International Trade Law. Clear and student-friendly content. Students new to Shipping Law, from non-English speaking jurisdictions and from non-law backgrounds will find the accessible narrative particularly helpful.
This book critically analyses the World Trade Organization's approach to "special and differential treatment" (SDT) to argue that it is founded on seeking exemptions from WTO obligations, instead of creating an enabling environment for developing countries to integrate fully into the multilateral trading system. Through six key sections: United States Proposal on Special and Differential Treatment Responses to United States Proposal The Evolution of Differential Treatment Failure of the Current Approach to Differential Treatment Complications Created by China's Emergence in the Global Economy An Alternative Approach to Differential Treatment this book explores how, by adopting a new evidence-based, case-by-case approach to SDT, the development of the poorest countries can best be advanced, while at the same time ensuring that advanced developing countries carry their weight in the organization. It will be of interest to scholars and students of international trade law and political science, as well as trade practitioners such as lawyers, diplomats, and analysts.
This book considers how a phenomenon as complex as coercive control can be criminalised. The recognition and ensuing criminalisation of coercive control in the UK and Ireland has been the focus of considerable international attention. It has generated complex questions about the "best" way to criminalise domestic abuse. This work reviews recent domestic abuse criminal law reform in the UK and Ireland. In particular, it defines coercive control and explains why using traditional criminal law approaches to prosecute it does not work. Laws passed in England and Wales versus Scotland represent two different approaches to translating coercive control into a criminal offence. This volume explains how and why the jurisdictions have taken different approaches and examines the advantages and disadvantages of each. As jurisdictions around the world review what steps need to be taken to improve national criminal justice responses to domestic abuse, the question of what works, and why, at the intersection of domestic abuse and the criminal law has never been more important. As such, the book will be a vital resource for lawyers, policy-makers and activists with an interest in domestic abuse law reform.
The Evolving Protection of Prisoners' Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: * A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. * An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture ...) and their reinforced framing of domestic penal and prison policies. * A detailed examination of the impacts of the European case law on penal and prison policies within ten nation states in Europe (including Romania which is currently very underresearched). * A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs.
Artificial intelligence (AI) now infiltrates our culture. After a couple of difficult winters, AI today is a word on everybody's lips, and it attracts everyone's attention regardless of whether they are experts or not. From Apple's Siri to Amazon's Alexa, Tesla's auto-driving cars to facial recognition systems in CCTV cameras, Netflix's film offering services to Google's search engine, we live in a world of AI goods. The advent of AI-powered technologies increasingly affects people's lives across the globe. As a tool for productivity and cost-efficiency, AI also shapes our economy and welfare. AI-generated designs and works are becoming more popular. Today, AI technologies can generate several intellectual creations. Fashion is one of the industries that AI can profoundly impact. AI tools and devices are currently being used in the fashion industry to create fashion models, fabric and jewellery designs, and clothing. When we talk about AI-generated designs, we instead focus on the fruits of innovation - more best-selling apparels, more fashionable designs and more fulfilment of customer expectations - without paying heed to who the designer is. Designers invest a lot of talent, time and finances into designing and creating each article of clothing and accessory before they release their work to the public. Pattern drafting is the first and most important step in dressmaking. Designers typically start with a general sketch on paper; add styles, elements and colours; revise and refine everything; and finally deliver their design to dressmakers. AI accelerates this time-consuming and labour-intensive process. Yet the full legal consequences of AI in fashion industry are often forgotten. An AI device's ability to generate fashion designs raises the question of who will own intellectual property rights over the fashion designs. Will it be the fashion designer who hires or contracts with the AI programmer? Will it be the programmer? Will it be the AI itself? Or will it be a joint work of humans and computers? And who will be liable for infringement deriving from use of third-party material in AI-generated fashion designs? This book explores answers to these questions within the framework of EU design and copyright laws. It also crafts a solution proposal based on a three-step test and model norms, which could be used to unleash the authors, rights holders and infringers around AI-generated fashion designs.
Comprehensive coverage of Shipping Law, covering both wet and dry shipping and taking a commercial and practical perspective on the issues covered. The book's wide-ranging overview of the subject allows students to use it on a variety of LLM-level courses such as Maritime and Shipping Law, Admiralty Law, Law of the Sea, Carriage of Good by Sea and International Trade Law. Clear and student-friendly content. Students new to Shipping Law, from non-English speaking jurisdictions and from non-law backgrounds will find the accessible narrative particularly helpful.
The task of researching gangs is fraught with difficulties, central to which are issues of definition and reliance on certain forms of data for analyses. These methodological issues have been acknowledged as limitations in most of the existing research, but they have not been explored as being potentially serious flaws contributing to the proliferation of myth, or as aggravating factors that exacerbate what is essentially a relatively uncomplicated social process. Also unclear from existing studies is the extent to which suppositions about gangs feed moral panics or contribute to the misidentification or over-specification of a problem. This captivating volume focuses on gangs, their formation, identity and behaviour with a view to developing a preventive strategy.
Empowering organizations to thrive, this book provides a clear diagnostic framework, with specific approaches and processes that leaders can use to build a negotiation function that will succeed each and every time. Negotiation is a required skill and a core competency, but most organizations focus exclusively on individual negotiation skills and abilities and pay little attention to the internal culture and environment that shapes and guides these individuals. This book takes a dramatically different approach to building success in each and every negotiation, producing results that align with organizational strategy at all levels. Professionals in sales, procurement and supply chain, human resources, change management, mergers and acquisitions, contracts, start-ups, construction partnering, and more, as well as training consultants and students of business and law, will value a text that understands how to build negotiation skills and capability across the organization by aligning individual skills with an evidence-based approach that actually works.
China Development Research Foundation is one of the leading economic think tanks in China, where many of the details of China's economic reform have been formulated. Its work and publications therefore provide great insights into what the Chinese themselves think about economic reform and how it should develop. This book sets out the general objectives, principles and framework of a proposed new social welfare system for China, putting forward relevant policy recommendations. It provides a comprehensive overview of China's current welfare services, including retirement pensions, education, health, employment, housing and social security payments, and goes on to cost the proposed new social welfare system and assess the government's capacity for implementing it. It shows how the new system will, within an integrated framework, provide comprehensive welfare for all, including rural and urban citizens, migrant workers and disadvantaged groups such as rural and urban poor. It also shows how the new system will aim to balance economic and social development whilst maintaining China's high economic growth rate, increasing domestic demand and promoting economic restructuring.
1. Unlike more conventional texts, this book offers over 50 pithy and thought-provoking essays on a wide range of socially and legally prohibited acts, offering students a critical analysis of these issues. 2. Each entry offers further readings and suggestions for other media to develop the reader's understanding of these issues. 3. The new edition has been updated and extended and includes new entries on issues such as the alt-right, protest, online abuse, cybercrime, drug trafficking, populism and use of weapons.
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.
Portrays material through multidisciplinary lens of psychology, criminal justice, law, and security Provides consistent, practical information about online criminals and victims Compares online to offline versions of the same crime Discusses adequacy of current laws for prosecuting cybercriminals Considers elements of the online environment that foster criminal activity Describes social engineering techniques Considers the role of intimate partner violence in cybercrimes Reviews 21st century skills needed to educate and protect potential targets
Alcohol, Crime and Public Health explores the issue of drinking in the criminal justice system, providing an overview of the topic from both a criminal justice and public health perspective. The majority of prisoners in the UK (70%) have an alcohol use disorder, and evidence tells us that risky drinking is high amongst those in contact with all areas of the criminal justice system. Uniquely, this book brings both a criminal justice and public health perspective to the topic. The book opens by exploring the levels of crime attributed to alcohol, the policy context of alcohol and crime, and the prevalence of risky alcohol consumption in the criminal justice system. The following chapters examine risky drinking amongst men, women and young people in the criminal justice system. The final chapters look at the efficacy of psychosocial interventions for risky drinking in the criminal justice system, and look forward to how researchers and practitioners can work together to produce research in the criminal justice system. Written in an accessible and concise style, Alcohol, Crime and Public Health will be of great use to students of Criminology, Criminal Justice, and Public Health as well as the wider area of Public and Social Policy in relation to alcohol and crime.
The Homeland Security Handbook is a convenient, one-stop reference and guide to the latest regulations and developments in all things relevant to the homeland security and defense domain. The book is divided into five parts and addresses such critical areas of as countering terrorism, critical infrastructure protection, information and cybersecurity, military and private sector support for Homeland Security, risk assessment, preparedness for all-hazards and evolving threats. In total, more than 100 chapters outline the latest developments in homeland security policies, directives, and mandates as well as emergent threats and topical considerations for the Department of Homeland Security (DHS) and its stake-holders. The diverse array of chapter topics covered-contributed to by dozens of top experts in the field-provides a useful and important resource for any student, professional, researcher, policy-maker, or library in understanding the domestic initiatives of public-sector Homeland Security entities and their responsibilities in the current global environment.
This collection presents a summary of current knowledge regarding autistic suspects, defendants and offenders in the criminal justice system of England and Wales. The volume examines the interaction between each stage of the criminal justice process and autistic individuals accused or convicted of crime, considering the problems, strengths, and possibilities for improving the system to better accommodate the needs of this vulnerable category of neurodiverse individuals. By explicating the core issues in this important but disparate area of study in a single place, the collection facilitates understanding of and engagement with knowledge for a wider audience of relevant stakeholders, including criminal justice practitioners, policy makers, academics and clinicians. It also incorporates key recommendations for improvement, thereby clarifying the urgent need for substantive change in policies and practices. The ultimate goal is to both improve the treatment and experience of autistic people subjected to criminal justice processes; and produce fairer, more appropriate systemic outcomes. While focused on the criminal justice system of England and Wales, the work will be valuable for researchers and policy-makers working in similar systems, as well as those interested in neurodiversity more generally.
A new and updated edition of Malcolm Beith's thrilling inside-account of Joaquin El Chapo Guzman's notorious Sinaloa drug cartel. Until 2016, the dense hills of Sinaloa, Mexico, were home to the most powerful drug lord since Pablo Escobar: Joaquin El Chapo Guzman. Guzman was among the word's ten most wanted men and appeared on Forbes magazine's billionaire list. With his massive wealth, his army of professional killers, and a network of informants that reached into the highest levels of government, catching Guzman was considered impossible - until it wasn't. Newsweek correspondent Malcolm Beith has spent years reporting on the drug wars and followed the chase with full access to senior officials and exclusive interviews with soldiers and drug traffickers in the region, including members of Guzman's cartel. Newly updated with Beith's gripping account of the trial that put Guzman away for life, The Last Narco is essential reading about one of the most dramatic news stories of our day - a true-crime thriller happening in real-time. |
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