|
|
Books > Law > Laws of other jurisdictions & general law > General
The result of the UK referendum in June 2016 on membership of the
European Union had immediate repercussions across the UK, the EU
and internationally. As the dust begins to settle, attention is now
naturally drawn to understanding why this momentous decision came
about and how and when the UK will leave the EU. What are the
options for the new legal settlements between the UK and the EU?
What will happen to our current political landscape within the UK
in the time up to and including its exit from the EU? What about
legal and political life after Brexit? Within a series of short
essays, Brexit Time explores and contextualises each stage of
Brexit in turn: pre-referendum; the result; the process of
withdrawal; rethinking EU relations; and post-Brexit. During a time
of intense speculation and commentary, this book offers an
indispensable guide to the key issues surrounding a historic event
and its uncertain aftermath.
The European Union is a distinctive creation. There have been
several examples of countries that have forged links in ventures of
mutual benefit, but in aim, method and achievement this union has
gone much further than the others. From the beginning, the EU has
always been more than just a customs union. It has aimed for an
ever closer union of its peoples and has developed supranational
institutions with powers binding upon its members. Since its
creation in 1993 it has also grown in size and in the extent of its
responsibilities. Integration and intergovernmentalism have been
the two forces at work in the evolution of the Community into the
Union of 27 members today. In this volume the author sets out to
provide an authoritative study of the EU, which clearly explains
how it functions and makes it intelligible to a wide readership.
Key Features *Up-to-date and comprehensive coverage of key aspects,
including history and developments, institutions, politics and
policy processes *Includes an analysis of the role and attitudes of
the member states *Information is clearly and accessibly presented
*Will appeal to students and also to professionals working in
European Union agencies and organisations *Contains maps, boxes,
tables, glossaries of key terms and a guide to further reading
Can there be such a thing as a European sociology of law? The
uncertainties which arise when attempting to answer that
straightforward question are the subject of this book, which also
overlaps into comparative law, legal history, and legal philosophy.
The richness of approaches reflected in the essays (including
comparisons with the US) makes this volume a courageous attempt to
show the present state of socio- legal studies in Europe and map
directions for its future development. Certainly we already know
something about the existence of differences in the use and meaning
of law within and between the nation states and groups that make up
the European Union. They concern the role of judges and lawyers,
the use of courts, patterns of delay, contrasts in penal
'sensibilities', or the meanings of underlying legal and social
concepts. Still, similarities in 'legal culture' are at least as
remarkable in societies at roughly similar levels of political and
economic development. The volume should serve as a needed stimulus
to a research agenda aimed at uncovering commonalities and
divergences in European ways of approaching the law.
Over the last forty years, Sir John Baker has written on most
aspects of English legal history, and this collection of his
writings includes many papers that have been widely cited.
Providing points of reference and foundations for further research,
the papers cover the legal profession, the inns of court and
chancery, legal education, legal institutions, legal literature,
legal antiquities, public law and individual liberty, criminal
justice, private law (including contract, tort and restitution) and
legal history in general. An introduction traces the development of
some of the research represented by the papers, and
cross-references and new endnotes have been added. A full
bibliography of the author's works is also included.
This book comprises a collection of papers given at the fifth
biennial conference of the Centre for Property Law at the
University of Reading held in March 2004,and is the third in the
series Modern Studies in Property Law. The Reading conference has
become well-known as a unique opportunity for property lawyers to
meet and confer both formally and informally. This volume includes
a refereed and revised selection of the papers given there. The
papers thus cover a broad range of topics of immediate importance
including: land registration, leasehold and commonhold,
prescription and law and equity. A growing and popular aspect of
the series is its coverage of property law matters worldwide; this
volume includes essays on property law in developing countries, in
South Africa, Canada, and Eastern Europe.
Approximately one thousand years ago Gypsies, or Roma, left their
native India. Today Gypsies can be found in countries throughout
the world, their distinct culture still intact in spite of the
intense persecution they have endured. This authoritative
collection brings together leading Gypsy and non-Gypsy scholars to
examine the Romani legal system, an autonomous body of law based on
an oral tradition and existing alongside dominant national legal
networks.
For centuries the Roma have survived by using defensive strategies,
especially the absolute exclusion of "gadje" (non-Gypsies) from
their private lives, their values, and information about Romani
language and social institutions. Sexuality, gender, and the body
are fundamental to Gypsy law, with rules that govern being pure
"(vujo)" or impure "(marime)." Women play an important role in
maintaining legal customs, having the power to sanction and to
contaminate, but they are not directly involved in legal
proceedings.
These essays offer a comparative perspective on Romani legal
procedures and identity, including topics such as the United
States' criminalization of many aspects of Gypsy law, parallels
between Jewish and Gypsy law, and legal distinctions between Romani
communities. The contributors raise broad theoretical questions
that transcend the specific Gypsy context and offer important
insights into understanding oral legal traditions. Together they
suggest a theoretical framework for explaining the coexistence of
formal and informal law within a single legal system. They also
highlight the ethical dilemmas encountered in comparative law
research and definitions of "human rights."
This book examines Mikhail M. Speranskii's attempt to codify
Russian law in the 1820 and 1830s -- that was the last major
bureaucratic project of this important Russian statesman and an
aspect of his long career that has been largely ignored by
historians. Based on material from the Manuscript Division of the
Russian National Library, the Russian State Historical Archives,
and the Archives of the Academy of Sciences (all in St. Petersburg,
Russia) a complete picture emerges of the codification efforts.
`This handbook planned for carer's will offer relatives and friends
with noteworthy organizational health care information. It will
also help guide carer's regarding the key roles, and the functions
of support agencies that are seen as crucial elements when planning
and seeking alternative care interventions...This book aims to
provide carers with basic facts and the confidence to deal more
effectively with their role.' - The International Journal of
Psychiatric Nursing Research This is an essential resource for all
people caring for family members or friends with mental illness.
Written by experts, Mental Illness: A Handbook for Carers provides
basic information on: * forms of mental illness * treatment plans *
what to do in an emergency * the role of mental health
professionals and other agencies * legal issues and confidentiality
* housing, work and benefits. Mental Illness examines the provision
made for people with mental illness and their carers, and the
support that is available to them. It includes information on
housing, employment, social services and the law. The writers avoid
jargon, and the book includes a glossary of terms with which carers
may be unfamiliar. Accessible, practical and comprehensive, this
handbook acts as a one-stop shop for anyone caring for a person
with a mental illness.
Remedies lie at the heart of European legal systems. They both
reflect and shape the balance of power between states and
individuals and between state and supranational institutions. These
profound political implications can be better understood by
thinking about the functional roles and institutional histories of
remedies. These implications,roles and histories are considered in
this volume of challenging and original essays on remedial systems
in Europe. This book explores the lively and often controversial
dialogues between courts, national and supranational, on remedies.
In so doing, it addresses the adequacy of these dialogues in the
light of perceived systemic goals, both in an overall institutional
sense and as regards specific sectoral objectives or institutional
actors' aspirations. In particular, the book looks at the way in
which remedies in the EC legal order interact with those in other
legal orders such as the Council of Europe and private
international law. It also identifies problems of interaction
between different Council of Europe mechanisms under the Convention
on Human Rights and the Social Charter. The book also examines the
contribution of courts to remedial systems by considering other
methods of formulating and redressing claims. Contributors: Claire
Kilpatrick, Takis Tridimas, Leo Flynn, Antonio Lo Faro, Carol
Harlow, Steve Weatherill, Bernard Ryan, Miguel Poiares Maduro,
Henry G.Schermers, Angela Ward, Paul Beaumont, Robin White, Phil
Syrpis, Tonia Novitz, Richard Rawlings.
In this introduction to Japanese law, J. Mark Ramseyer and Minoru
Nakazato present an economic approach to the law, to challenge
commonly held ideas about the law. Where many studies assume that
Japanese law differs fundamentally from law in the United States,
this work shows the essential similarity between the two. Arguing
against the idea that law plays only a trivial role in Japan or is
culturally determined, the authors demonstrate that standard
economic models in fact explain fundamental facets of the way
Japanese manipulate the law. This study covers almost all the basic
areas of Japanese law: property, contracts, torts, corporate, civil
procedure, criminal law, administrative procedure, and tax.
Ramseyer and Nakazato draw liberally from case law, and after
outlining legal doctrine, they use economic theory and empirical
data to sketch the implications the law poses for human behaviour.
EC Law in the UK reviews the possibilities for legal redress in the
UK courts when rules of Community law are violated. The analysis
focuses as far as possible on case law decided by the UK courts and
adopts the perspective of the individual litigant. The book aims to
familiarise the reader with the Community legal system and to
illustrate its all-pervasive influence on UK national law and aims
to change the common perception that EC law is `foreign law' or an
optional subject. The author shows that Community law is an
integral part of UK law that can be applied in virtually any area
of legal practice. This book will be essential reading on LLB, CPE
and postgraduate courses in EC law, and a useful adjunct to
constitutional and English legal system courses where the EC
dimension is becoming increasingly important. Practitioners will
also find the coverage of the book relevant to their needs.
Referred to as the "bible of American lawyers," Blackstone's
"Commentaries" on the Laws of England shaped the principles of law
in both England and America when its first volume appeared in 1765.
For the next century that law remained what Blackstone made of it.
Daniel J. Boorstin examines why "Commentaries" became the knowledge
that any lawyer needed to acquire. Set against the intellectual
values of the 18th century and the notions of reason, nature, and
the sublime, "Commentaries" is fitted into its social setting.
Boorstin has provided an intellectual history of the time,
illustrating the elegance, social values and internal
contradictions of the Age of Reason.
Challenging the long-cherished notion of legal objectivity in the
United States, this book argues that Chicano history has been
consistently shaped by racially biased, combative legal
interactions. The book is an insightful and provocative exploration
of the ways Chicano and Chicana artists, writers, musicians and
filmmakers engage this history in order to resist the
disenfranchising effects of legal institutions, including the
prison and the court. Gutierrez-Jones examines the process by which
Chicanos have become associated with criminality in both legal
institutions and mainstream popular culture in America and thereby
offers a new way of understanding minority social experience.
Drawing on gender studies and psychoanalysis, as well as critical
legal and critical race studies, Gutierrez-Jones's approach to the
law and legal discourse reveals the high stakes involved when
concepts of social justice are fought out in the home, in the
workplace and in the streets.
How do "no-fault," "gender-neutral" divorce reforms actually harm
the lives of women and children they are designed to protect?
Focusing on the language and symbols of reform, Martha Fineman
argues that by advocating measures based on equality of "treatment"
rather than of "outcome, " liberal feminists disregarded the
socioeconomic factors that simultaneously place women at a
disadvantage in the market and favor their taking on primary
domestic responsibilities. She traces in persuasive detail the
detrimental effects of equality rhetoric in shaping divorce law --
such as the legal separation of parents' and children's interests;
equality replacing need as the prime criterion for settlements; and
the increase of state intervention into family life. More than a
critique, this book is an incisive argument for adopting
outcome-oriented measures and a valuable overview of the pitfalls
of uncritically implementing any rhetoric as social policy.
Who is responsible for juvenile delinquency? Mark D. Jacobs uses
ethnographic, statistical, and literary methods to uncover the many
levels of disorganization in American juvenile justice. By
analyzing the continuities betwen normal casework and exceptional
cases, he reveals that probation officers must commonly contrive
informal measures to circumvent a system which routinely obstructs
the delivery of services to their clients. Jacobs defines the
concept of the "no-fault society" to describe the larger context of
societal disorder and interpersonal manipulation that the juvenile
justice system at once reflects and exacerbates.
With with and intelligence, Leo Katz seeks to understand the basic
rules and concepts underlying these moral, linguistic, and
psychological puzzles that plague the criminal law. Drawing on
insights from analytical philosophy and psychology, he brings order
into the seemingly endless multiplicity of these puzzles; many of
them turn out to be variations of a few basic philosophical
problems, making their appearance in different guises. To test his
arguments, Katz moves far beyond the traditional body of exemplary
criminal law cases. He brings into view the decision of common law
judges in colonial and postcolonial Africa, famous cases such as
the Nuremberg trials, Aaron Burr's treason, and ABSCAM, as well as
well-known incidents in fiction.
With the incisiveness and lucid style for which he is renowned,
Ronald Dworkin has written a masterful explanation of how the
Anglo-American legal system works and on what principles it is
grounded. Law s Empire is a full-length presentation of his theory
of law that will be studied and debated by scholars and theorists,
by lawyers and judges, by students and political activists for
years to come. Dworkin begins with the question that is at the
heart of the whole legal system: in difficult cases how do (and how
should) judges decide what the law is? He shows that judges must
decide hard cases by interpreting rather than simply applying past
legal decisions, and he produces a general theory of what
interpretation is in literature as well as in law and of when one
interpretation is better than others. Every legal interpretation
reflects an underlying theory about the general character of law:
Dworkin assesses three such theories. One, which has been very
influential, takes the law of a community to be only what the
established conventions of that community say it is. Another,
currently in vogue, assumes that legal practice is best understood
as an instrument of society to achieve its goals. Dworkin argues
forcefully and persuasively against both these views: he insists
that the most fundamental point of law is not to report consensus
or provide efficient means to social goals, but to answer the
requirement that a political community act in a coherent and
principled manner toward all its members. He discusses, in the
light of that view, cases at common law, cases arising under
statutes, and great constitutional cases in the Supreme Court, and
he systematically demonstrates that his concept of political and
legal integrity is the key to Anglo-American legal theory and
practice.
This engaging ethnography examines the gendered nature of today's
large corporate law firms. Although increasing numbers of women
have become lawyers in the past decade, Jennifer Pierce discovers
that the double standards and sexist attitudes of legal
bureaucracies are a continuing problem for women lawyers and
paralegals.
Working as a paralegal, Pierce did ethnographic research in two law
offices, and her depiction of the legal world is quite unlike the
glamorized version seen on television. Pierce tellingly portrays
the dilemma that female attorneys face: a woman using tough,
aggressive tactics--the ideal combative litigator--is often
regarded as brash or even obnoxious by her male colleagues. Yet any
lack of toughness would mark her as ineffective.
Women paralegals also face a double bind in corporate law firms.
While lawyers depend on paralegals for important work, they also
expect these women--for most paralegals are women--to nurture them
and affirm their superior status in the office hierarchy.
Paralegals who mother their bosses experience increasing personal
exploitation, while those who do not face criticism and
professional sanction. Male paralegals, Pierce finds, do not
encounter the same difficulties that female paralegals do.
Pierce argues that this gendered division of labor benefits men
politically, economically, and personally. However, she finds that
women lawyers and paralegals develop creative strategies for
resisting and disrupting the male-dominated status quo. Her lively
narrative and well-argued analysis will be welcomed by anyone
interested in today's gender politics and business culture.
Cocaine Hoppers provides empirical evidence to explain the
involvement of Nigerians in the global cocaine trade. Investigating
the criminogenic environment created by the Nigerian 'state
crisis,' Oboh traces the geographic, demographic, economic,
historical, political, and cultural factors enhancing cocaine
culture in Nigeria. Based on years of research, Oboh reveals this
social network that relies on "reverse social capital" wherein
wealth and power are achieved through illegal means solely to
benefit the individual. This lively, theoretically grounded study
examines the new trend of traffickers dominating the illicit
cocaine trade through West Africa to destinations across the globe
to provide an account of Nigerian involvement in international drug
trafficking as it has never been divulged before. This book will be
appreciated by criminologists, social scientists, policymakers,
drug researchers and organized crime scholars. And eagerly be read
by those interested in Nigeria, and problems of African immigrants,
and in the international drug trafficking.
Behavioural sciences help refine our understanding of human
decision-making. Their insights are immensely relevant for
policy-making since public intervention works much better when it
targets real people rather than imaginary beings assumed to be
perfectly rational. Increasingly, governments around the world are
keen to rely on those insights for reshaping public interventions
in a wide range of policy areas such as energy, health, financial
services and data protection. When policy-making meets behavioural
sciences, effective and low-cost regulations can emerge in the form
of default rules, smart disclosure and simplification requirements.
While behaviourally-informed intervention has a huge potential for
policymaking, it also attracts legitimacy and practicability
concerns. Nudge and the Law takes a European perspective on those
issues and explores the legal implications of the emergent
phenomenon of behavioural regulation by focusing on the challenges
and opportunities it may offer to EU policy-making and beyond.
This is the first book to jointly scrutinise two existential issues
for the EU: withdrawal of a member state (i.e. Brexit) and
territorial secession (affecting Scotland, Catalonia and beyond).
The book applies normative and empirical analyses, explores new
approaches and discusses the deep theoretical problems unleashed by
these processes. Featuring a superb constellation of legal and
political science scholars, the book combines specific legal
analysis and considers the political dynamics behind the processes.
It provides extensive coverage and sophisticated analysis of the
interpretation of Article 50 and the possible consequences it may
have. The implications of withdrawal and secession on EU
citizenship are discussed in depth and there is an overview of the
evolving nature of the relationship between the regions and the EU.
Finally, there is an engaging normative discussion on the deeper
meaning of these two processes with respect to the objective of
European integration.
|
You may like...
Kompleks
Louis Pretorius
Paperback
R250
R234
Discovery Miles 2 340
Wonderfully Made
Tshwanelo Serumola
Paperback
(1)
R160
R145
Discovery Miles 1 450
|