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Books > Law > Laws of other jurisdictions & general law > General
What is this thing called planning? What is its domain? What do planners do? How do they talk? What are the limits and possibilities for planning imposed by power, politics, knowledge, technology, interpretation, ethics, and institutional design? In this comprehensive volume, the foremost voices in planning explore the foundational ideas and issues of the profession. "Explorations in Planning Theory "is an extended inquiry into the practice of the profession. As such, it is a landmark text that defines the field for today's planners and the next generation. As Seymour J. Mandelbaum notes in the introduction, "the shared framework of these essays captures a pervasive interest in the behavior, values, character, and experience of professional planners at work." All of the chapters in this volume are written to address arguments that are important in the community of planning theoreticians and are crafted in the language of that community. While many of the contributors included here differ in their styles, the editors note that students, experienced practitioners, and scholars of city and regional planning will find this work illuminating and helpful in their research.
The pamphlets, newspaper articles and tracts in this collection provide source material for the study of the Anti-Corn Law campaigns of the 1830s and 1840s and their role in the formation of popular economics in Britain.
This volume explores various aspects of the law in transition in post-Mao China. Stanley Lubman's introduction places each of the substantive chapters in the larger context of Chinese legal studies. Edward Epstein analyses the transplanting of European and Anglo-American legal ideologies into China, and the dilemmas this poses for the rule of law and legitimation in the reform period. Murray Scot Tanner analyses reforms in the legislative process, focusing particularly on the separation of the Communist Party from day-to-day legislative affairs and more pluralistic tendencies in the legislative process. William C. Jones, by addressing the opinion of the Surpreme People's Court regarding implementation of the general principles of civil law, raises compelling questions about legal interpretation in China in the context of social reform. James Feinerman analyses developments in Chinese contract law, raising the question as to whether in China it can form a basis for predictability and certainty in commercial transactions that are integral to the economic reforms. Judy Polumbaum studies developing efforts to enact a press law, reflecting the uses to which law has been put in pursuit of the political issue of press reform. Finally, Pitman Potter analyses the emerging concept of judicial review in the context of the Administrative Litigation Law of the PRC, an important aspect of political reform in China. By addressing these issues, the authors aim to reveal the various aspects of the developing autonomy that is embodied in China's legal reforms.
Sexual crime is a topic of massive public concern. Yet the debate
over its causes and the appropriate responses of the criminal
justice system is often fuelled by ignorance and prejudice, with
little understanding of the reality of sexual crime.
This collection of speeches provides an opportunity to benefit from the excellent intellect, research and reasoning that make the author one of the leading contemporary judicial and legal thinkers in the Caribbean. It is replete with case law and legal reasoning, and addresses topics which could guide judicial and legal deliberations on many issues. Desiree Bernard also examines the role of women in the home, the society, and the legal profession, with characteristic and incisive humour. These writings are of historical significance in that many of them commemorate milestones in the evolution of Guyanese law in particular, and CARICOM law in general.
The essays in this volume reassess pre-revolutionary Russian legal culture, the debates of the 1920s over the role of law under socialism, and the abrupt and bloody termination of the debate which took place in the 1930s.
Harold Berman's masterwork narrates the interaction of evolution and revolution in the development of Western law. This new volume explores two successive transformations of the Western legal tradition under the impact of the sixteenth-century German Reformation and the seventeenth-century English Revolution, with particular emphasis on Lutheran and Calvinist influences. Berman examines the far-reaching consequences of these apocalyptic political and social upheavals on the systems of legal philosophy, legal science, criminal law, civil and economic law, and social law in Germany and England and throughout Europe as a whole. Berman challenges both conventional approaches to legal history, which have neglected the religious foundations of Western legal systems, and standard social theory, which has paid insufficient attention to the communitarian dimensions of early modern economic law, including corporation law and social welfare. Clearly written and cogently argued, this long-awaited, magisterial work is a major contribution to an understanding of the relationship of law to Western belief systems.
Since the 1960s, the nature and the future of the European Union have been defined in legal terms. Yet, we are still in need of an explanation as to how this entanglement between law and EU polity-building emerged and how it was maintained over time. While most of the literature offers a disembodied account of European legal integration, Brokering Europe reveals the multifaceted roles Euro-lawyers have played in EU polity, notably beyond the litigation arena. In particular, the book points at select transnational groups of multipositioned legal entrepreneurs which have been in a situation to elevate the role of law in all sorts of EU venues. In doing so, it draws from a new set of intellectual resources (field theory) and empirical strategies only very recently mobilized for the study of the EU. Grounded on an extensive historical investigation, Brokering Europe provides a revised narrative of the 'constitutionalization of Europe'.
Joseph Weiler's The Transformation of Europe is one of the most influential works in the history of European studies. Twenty-five years after its original publication, this new collection of essays pays tribute to Weiler's legacy by discussing some of the most pressing issues in contemporary European Union law, policy and constitutionalism. The book does not intend to be a simple expression of intellectual esteem for Weiler's seminal work; instead, the collection honours it by critically engaging with some of its assumptions and theses. Overall, it shows how a study of 1991 can still be fundamental to the present and future of the EU, including the challenges of Brexit and Eurozone crises.
Hardly known twenty years ago, exclusion from public space has today become a standard tool of state intervention. Every year, tens of thousands of homeless individuals, drug addicts, teenagers, protesters and others are banned from parts of public space. The rise of exclusion measures is characteristic of two broader developments that have profoundly transformed public space in recent years: the privatisation of public space, and its increased control in the 'security society'. Despite the fundamental problems it raises, exclusion from public space has received hardly any attention from legal scholars. This book addresses this gap and comprehensively explores the implications that this new form of intervention has for the constitutional essentials of liberal democracy: the rule of law, fundamental rights, and democracy. To do so, it analyses legal developments in three liberal democracies that have been at the forefront of promoting exclusion measures: the United Kingdom, the United States, and Switzerland.
Today, many people agree that the EU lacks solidarity and needs a social dimension. This debate is not new, but until now the notion of a 'social Europe' remained vague and elusive. To make progress, we need a coherent conception of the reasons behind, and the agenda for, not a 'social Europe', but a new idea: a European Social Union. We must motivate, define, and demarcate an appropriate notion of European solidarity. We must also understand the legal and political obstacles, and how these can be tacked. In short, we need unequivocal answers to questions of why, what, and how: on that basis, we can define a clear-cut normative and institutional concept. That is the remit of this book: it provides an in-depth interdisciplinary examination of the rationale and the feasibility of a European Social Union. Outstanding scholars and top-level practitioners reflect on obstacles and solutions, from an economic, social, philosophical, legal, and political perspective.
This collection asks a direct but complex question: is the EU humane enough? The implementation of EU law and policy and its balance between economic and social values continues to provoke debate. Providing fresh insight, Nuno Ferreira and Dora Kostakopoulou present a novel analytical framework, centred on the notion of humaneness, for assessing EU law and policy. This innovative approach leads to recommendations for policy change towards a more humanistic philosophy for the EU. Broad in its scope, this remarkable volume draws together interdisciplinary perspectives from contributors who examine key EU law and policy fields, including economic integration, asylum and free movement, citizenship and development, and security. This book is essential reading for scholars, students and policy-makers seeking new ways of exploring the economic versus social values debate in EU law.
American Law and Legal Systems examines the philosophy of law within a political, social, and economic framework with great clarity and insight. Readers are introduced to operative legal concepts, everyday law practices, substantive procedures, and the intricacies of the American legal system. Eliminating confusing legalese, the authors skillfully explain the basics, from how a lawsuit is filed through the final appeal. This new edition provides essential updates to forensic and scientific evidence, contract law, and family law, and includes new text boxes and tables to help students understand, remember, and apply central concepts. New to the 8th Edition Updates the coverage of environmental law, especially in relation to climate change. Updates the coverage of family law, especially in relation to gay marriage. Includes new coverage of challenges to the Voting Rights Act, campaign finance, and cybersecurity. Covers the effects of social media on judicial proceedings. Includes 16 new cases, including Obergefell v. Hodges. Adds new text boxes on intriguing subjects throughout. Accompanied by an author-written Instructor's Manual that includes Learning Objectives, Chapter Summaries, Chapter Outlines, Key Terms and Concepts, as well as Test Questions for each chapter.
American Law and Legal Systems examines the philosophy of law within a political, social, and economic framework with great clarity and insight. Readers are introduced to operative legal concepts, everyday law practices, substantive procedures, and the intricacies of the American legal system. Eliminating confusing legalese, the authors skillfully explain the basics, from how a lawsuit is filed through the final appeal. This new edition provides essential updates to forensic and scientific evidence, contract law, and family law, and includes new text boxes and tables to help students understand, remember, and apply central concepts. New to the 8th Edition Updates the coverage of environmental law, especially in relation to climate change. Updates the coverage of family law, especially in relation to gay marriage. Includes new coverage of challenges to the Voting Rights Act, campaign finance, and cybersecurity. Covers the effects of social media on judicial proceedings. Includes 16 new cases, including Obergefell v. Hodges. Adds new text boxes on intriguing subjects throughout. Accompanied by an author-written Instructor's Manual that includes Learning Objectives, Chapter Summaries, Chapter Outlines, Key Terms and Concepts, as well as Test Questions for each chapter.
Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.
Today, many people agree that the EU lacks solidarity and needs a social dimension. This debate is not new, but until now the notion of a 'social Europe' remained vague and elusive. To make progress, we need a coherent conception of the reasons behind, and the agenda for, not a 'social Europe', but a new idea: a European Social Union. We must motivate, define, and demarcate an appropriate notion of European solidarity. We must also understand the legal and political obstacles, and how these can be tacked. In short, we need unequivocal answers to questions of why, what, and how: on that basis, we can define a clear-cut normative and institutional concept. That is the remit of this book: it provides an in-depth interdisciplinary examination of the rationale and the feasibility of a European Social Union. Outstanding scholars and top-level practitioners reflect on obstacles and solutions, from an economic, social, philosophical, legal, and political perspective.
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.
A new and an updated edition of a core bestselling title. Introductory Scots Law 3rd Edition develops the core knowledge and skills demanded in advanced law classes as part of Higher National courses and university-level business courses containing a strong legal component. Attractively designed, this user friendly textbook offers straightforward and accessible coverage of the key areas of Scots Law and the most recent developments within it The third edition: - Is fully revised to include the most up to date legal developments and case law e.g. developments in constitutional law, equality and diversity and human rights - Places particular emphasis on the practical side of contemporary Scots Law by featuring exemplar legal documents to aid understanding - Contains frequent summary Key Points and in-depth Test Your Knowledge questions/case studies to consolidate learning and comprehensionProvides full answers and a range of invaluable e-resources on the accompanying website, including additional case studies and samples of procedures and paperwork - Is also suitable for introductory law units in other fields (such as professional studies) as well as offering a source of highly accessible reference material for a more general readership.
European Law is a core element of every law degree in England and Wales. Unlocking EU Law will ensure you grasp the main concepts with ease, providing you with an essential foundation for further study or practice. The fifth edition is fully up-to-date with the latest developments, including: a new chapter on state liability; all major new cases; discussion of the possible impacts of Brexit. This book is essential reading for students studying EU Law on undergraduate courses in the UK. The UNLOCKING THE LAW series is designed specifically to make the law accessible. Features include: aims and objectives at the start of each chapter; charts of key facts to consolidate your knowledge; diagrams to aid learning; summaries to help check your understanding of each chapter; problem questions with guidance on answering; a glossary of legal terminology. The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications, as well as popular option units.
An edited collection of papers arising from a conference on Law and Development in the 21st Century held in 2001. In honour of the work of Dr Peter Slinn, the book draws together the lessons and challenges faced in relation to law and development in the 21st century, with particular reference to the concerns of Commonwealth states. It addresses practical and theoretical aspects of law and economic, social and political development at national and international levels. Students, academic and practitioners in the fields of law and development, development studies and public administration should find the book of interest.
This edition contains more words than its predecessors, especially words from the commercial sphere. It follows a new style, namely to group derivations under the leading word instead of treating them as separate entries. There appear after the main word, in bold print and alphabetically, the suffixes to the main word with translations. Concessions have again been made to anglicisms for the sake of clarity of meaning.
This examination of the mixed jurisdiction experience makes use of an innovative cross-comparative methodology to provide a wealth of detail on each of the nine countries studied. It identifies the deep resemblances and salient traits of this legal family and the broad analytical overview highlights the family links while providing a detailed individual treatment of each country which reveals their individual personalities. This updated second edition includes two new countries (Botswana and Malta) and the appendices explore all other mixed jurisdictions and contain a special report on Cameroon.
Blackstone in America explores the creative process of transplantation - the way in which American legislators and judges refashioned the English common law inheritance to fit the republican political culture of the new nation. With current scholarship returning to focus on the transformation of Anglo-American law to 'American' law, Professor Kathryn Preyer's lifelong study of the constitutional and legal culture of the early American republic has acquired new relevance and a wider audience. The collection includes Professor Preyer's work on criminal law, the early national judiciary, and the history of the book. All nine of Professor Preyer's important and award-winning essays are easily accessible in this volume, with new introductions by three leading scholars of early American law. |
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