This book presents new research assumptions aiming at a significant expansion of a typical, common paradigm of law sciences. It focuses on the process of law-making, which is an important subject of interest in broadly understood legal sciences. Although many books have been written on this subject, new problems are still emerging. In many countries of the world, current political and legal theories are becoming less and less adequate to the description of reality. One of the causes is that too little empirical research is conducted in legal sciences on the links between the legal system and its socio-economic environment. This book is a result of discussions among researchers from different parts of the world. The multiplicity of points of view and the diversity of assumptions adopted by the authors, allows them to present a multi-faceted image of law-making processes.

This book analyses the development of anti-corruption as a policy field in the European Union with a particular focus on the EU Anti-Corruption Report. It reconstructs the origins of anti-corruption policy in the 1990s when the EU started to recognise corruption as a serious crime with a cross-border dimension. It also analyses the processes surrounding the downfall of the Santer Commission on charges of corruption in 1999 and the enlargement of the EU. This incorporation of transitional new Member States was accompanied by a number of specific measures, instruments and monitoring mechanisms to combat corruption at the supranational level, finally leading to the introduction of the EU-wide Anti-Corruption Report in 2014. The book presents an in-depth analysis of its implementation, abandonment and the way forward under the European Semester as the new instrument for achieving EU anti-corruption reforms. It offers a new interpretation of the Report as a form of reflexive governance that operates at multiple levels and involves not only the European institutions and national governments, but also the role of civil society actors in the process of developing anti-corruption policy. It applies the theory of reflexive governance in analysing the impact of the Report in the UK, Romania and Albania, including the involvement of non-state actors in anti-corruption policy making in these countries. The book concludes with a discussion on how future EU Anti-Corruption policy can make use of reflexive governance and offers recommendations to enhance anti-corruption policies of the EU, the Member States and Candidate States.

Focusing on posting of workers, where workers employed in one country are send to work in another country, this edited volume is at the nexus of industrial relations and European Union studies. The central aim is to understand how the regulatory regime of worker "posting" is driving institutional changes to national industrial relations systems. In the introduction, the editors develop a framework for understanding the relationship of supra-national EU regulation, transnational actors and national industrial relations systems, which we then apply in the empirical chapters. This unique volume brings together scholars from diverse academic fields, all of whom are experts on the topic of "worker posting." The book examines different aspects of the posting debate, including the interactions of actors such as labour inspectorates, trade unions, European legal/political regulators, manpower firms, transnational subcontractors and posted workers. The main objective of this book is to explore the dynamics of institutional change, by showing how trans- and supra-national dynamics affect European industrial relations systems. This volume will represent the "state of the art" in research on worker posting. It will also contribute to debates on European integration, social dumping, labour market dualization and precariousness and will be of value to those with an interest employment relations, law and regulation.

Over the course of the twentieth century, most Middle East states adopted a shari'a-based system for recognizing marriages. Partly in reaction to these dynamics, new types of marriage that evade the control of the state and religious authorities have emerged. These marriages allow for men and women to engage in sexual relationships, but do not require that they register the marriage with the state, that they live together, or that the man be financially responsible for the wife or household. In Consuming Desires, Frances Hasso explores the extent to which these new relationship forms are used and to what ends, as well as the legal and cultural responses to such innovations. She outlines what is at stake for the various groups—the state, religious leaders, opposition groups, young people, men and women of different classes and locations, and feminist organizations—in arguments for and against these relationship forms.

This book contains texts prepared by representatives of various branches of law, philosophers and dogmatists who link a general reflection on law with caselaw. This ensures that the presented approaches are versatile and insightful, and that the addressed issues vary, the most important of which is the oeuvre of the Polish jurisprudence and its contribution to building a modern state and legal theories. The context exceeds beyond a simple report on or presentation of this oeuvre and, in many cases, it only refers to it. The primary aim of this book is to determine, as follows: 1) the source (at least the potential source) of modernist solutions in the Polish law, 2) the realness of the modernist character of the said source and 3) the refection of these modernist solutions in the currently binding Polish law.

A consensus has emerged that corporations have societal and environmental responsibilities when operating transnationally. However, how exactly corporations can be held legally accountable for their transgressions, if at all, is less clear. This volume inquires how regulatory tools stemming from international law, public law, and private law may or may not be used for transnational corporate accountability purposes. Attention is devoted to applicable standards of liability, institutional and jurisdictional issues, and practical challenges, with a focus on ways to improve the existing legal status quo. In addition, there is consideration of the extent to which non-legal regulatory instruments may complement or provide more viable alternatives to these legal mechanisms. The book combines legaldoctrinal approaches with comparative, interdisciplinary, and policy insights with the dual aim of furthering the legal scholarly debate on these issues and enabling higher quality decision-making by policymakers seeking to implement regulatory measures that enhance corporate accountability in this context. Through its study of contemporary developments in legislation and case law, it provides a timely and important contribution to the scholarly and sociopolitical debate in the fastevolving field of international corporate social responsibility and accountability.

Conklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws. Conklin re-reads the tradition by privileging how the canons share a particular understanding of legal language as written. Leading philosophers who have espoused the tenets of the tradition have assumed that legal language is written and that the authorising origin of humanly posited rules/norms is inaccessible to the written legal language. Conklin's re-reading of the tradition teases out how each of these leading philosophers has postulated that the authorising origin of humanly posited laws is an unanalysable externality to the written language of the legal structure. As such, the authorising origin of posited rules/norms is inaccessible or invisible to their written language. What is this authorising origin? Different forms include an originary author, an a priori concept, and an immediacy of bonding between person and laws. In each case the origin is unwritten in the sense of being inaccessible to the authoritative texts written by the officials of civil institutions of the sovereign state. Conklin sets his thesis in the context of the legal theory of the polis and the pre-polis of Greek tribes. The author claims that the problem is that the tradition of legal positivism of a modern sovereign state excises the experiential, or bodily, meanings from the written language of the posited rules/norms, thereby forgetting the very pre-legal authorising origin of the posited norms that each philosopher admits as offering the finality that legal reasoning demands if it is to be authoritative.

Economists advise that the law should seek efficiency. More recently, it has been suggested that common law systems are more conducive of economic growth than code-based civil law systems. This book argues that there is no theory to support such statements and provides evidence that rejects a 'one-size-fits-all' approach. Both common law and civil law systems are reviewed to debunk the relationship between the efficiency of the common law hypothesis and the alleged inferiority of codified law systems. Legal Origins and the Efficiency Dilemma has six aims: explaining the efficiency hypothesis of the common law since Posner's 1973 book; summarizing the legal origins theory in the context of economic growth; debunking their relationship; discussing the meaning of 'common law' and the problems with the efficiency hypothesis by comparing laws across English speaking jurisdictions; illustrating the shortcomings of the legal origins theory with a comparative law and economics analysis; and concluding there is no theory and evidence to support the economic superiority of common law systems. Based on previous pieces by the authors, this book expands their work by including new areas of analysis (such as trusts), detailing previous analysis (such as French law versus common law in the areas of contract, property and torts), and updating for recent developments in the academic discourse. This volume is of interest to academics and students who study microeconomics, comparative law and foundations of law, as well as legal policy analysts.

This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is.

Transportation Network Companies and Taxis: The Case of Seattle is a modern economic case history and thorough analysis of the devastating impact of the transportation network company (TNC) industry (Uber and Lyft) on the taxicab industry in Seattle, Washington, beginning in 2014. The events that transpired and lessons learned are applicable to most large cities in North America, Europe and Australia. As the regulator of the taxicab and TNC industries in Seattle during this period, the author offers a unique insider perspective. The book also provides internal operating statistics on the TNC industry, which are available here for the first time. Despite the spectacular growth of the TNC industry, growth rates have steadily declined and may fall to zero by 2019 or 2020, while the taxicab industry appears to have begun a modest recovery. This book offers a thorough explanation of how and why this decline has happened. It explains the taxicab industry, economic deregulation, competitive market failure, market disruption, price elasticity of demand and other concepts. There is also a wealth of data, computations and analysis for the specialized reader. This book considers the past, present and future of the taxicab and TNC industries in Seattle, It is recommended for both the general reader and industry professionals.

This book explains the nature of canon law and the principles of its interpretation and application.

Practicing Ethnography in Law brings together a selection of top scholars in legal anthropology, social sciences, and law to delineate the state of the art in ethnographic research strategies. Each of these original essays addresses a particular set of analytical problems and uses these problems to explore issues of ethnographic technique, research methodology, and the theoretical underpinnings of ethnographic legal studies. Subjects explored include the relationship between legal and feminist scholarship, between law and the media, law and globalization, and the usefulness of a wide variety of research techniques: comparative, linguistic, life-history, interview, and archival. This volume will serve as a guide for students who are designing their own research projects, for scholars who are newly exploring the possibilities of ethnographic research, and for experienced ethnographers who are engaged with methodological issues in light of current theoretical developments. The book will be essential reading for courses in anthropological methods, legal anthropology, and sociology and law.

This work examines the ability of existing and evolving PMC regulation to adequately control private force, and it challenges the capacity of international law to deliver accountability in the event of private military company (PMC) misconduct. From medieval to early modern history, private soldiers dominated the military realm and were fundamental to the waging of wars until the rise of a national citizen army. Today, PMCs are again a significant force, performing various security, logistics, and strategy functions across the world. Unlike mercenaries or any other form of irregular force, PMCs acquired a corporate legal personality, a legitimising status that alters the governance model of today. Drawing on historical examples of different forms of governance, the relationship between neoliberal states and private military companies is conceptualised here as a form of a 'shared governance'. It reflects states' reliance on PMCs relinquishing a degree of their power and transferring certain functions to the private sector. As non-state actors grow in authority, wielding power, and making claims to legitimacy through self-regulation, other sources of law also become imaginable and relevant to enact regulation and invoke responsibility.

Globalisation of the market, law and politics contributes to a diversity of transnational sustainability problems whose solutions exceed the territorial jurisdictional limits of nation states in which their effects are generated or occur. The rise of the business sector as a powerful global actor with a claim to participation and potential contributions as well as adverse impacts sustainability complicates the regulatory challenge. Recent decades' efforts to govern transitions towards sustainability through public or hybrid regulation display mixed records of support and results. In combination, these issues highlight the need for insights on what conditions multi-stakeholder regulation for a process that balances stakeholder power and delivers results perceived as legitimate by participants and broader society. This book responds to that need. Based on empirical experience on public-private regulation of global sustainability concerns and theoretical perspectives on transnational regulation, the book proposes a new theory on collaborative regulation. This theory sets out a procedural approach for multi-stakeholder regulation of global sustainability issues in a global legal and political order to provide for legitimacy of process and results. It takes account of the claims to participation of the private sector as well as civil society organisations and the need to balance power disparities.

The growing field of urban law demands a collaborative scholarly focus on comparative and global perspectives. This volume offers diverse insights into urban law, with emerging theories and analyses of topics ranging from criminal reform and urban housing, to social and economic inequality and financial crises, and democratization and freedom for individual identity and space. Particularly now, social, economic, and cultural issues must be closely examined in conjunction with the rule of law not only to address inadequate access to basic services, but also to construct long-term plans for our cities and our world-a bright, safe future.

Ownership and Inheritance in Sanskrit Jurisprudence provides an account of various theories of ownership (svatva) and inheritance (daya) in Sanskrit jurisprudential literature (Dharmasastra). It examines the evolution of different juridical models of inheritance-in which families held property in trusts or in tenancies-in-common-against the backdrop of related developments in the philosophical understanding of ownership in the Sanskrit text-traditions of hermeneutics (Mimamsa) and logic (Nyaya) respectively. Christopher T. Fleming reconstructs medieval Sanskrit theories of property and traces the emergence of various competing schools of Sanskrit jurisprudence during the early modern period (roughly fifteenth-nineteenth centuries) in Bihar, Bengal, and Varanasi. Fleming attends to the ways in which ideas from these schools of jurisprudence shaped the codification of Anglo-Hindu personal law by administrators of the British East India Company during the late eighteenth and early nineteenth centuries. While acknowledging the limitations of colonial conceptions of Dharmasastra as positive law, this study argues for far greater continuity between pre-colonial and colonial Sanskrit jurisprudence than accepted previously. It charts the transformation of the Hindu law of inheritance-through precedent and statute-over the late nineteenth, twentieth, and early twenty-first centuries.

Is the legal protection that is given to the expression of Abrahamic religious belief adequate or appropriate in the context of English medical law? This is the central question that is explored in this book, which develops a framework to support judges in the resolution of contentious cases that involve dissension between religious belief and medical law, developed from Alan Gewirth's Principle of Generic Consistency (PGC). This framework is applied to a number of medical law case studies: the principle of double effect, ritual male circumcision, female genital mutilation, Jehovah's Witnesses (adults and children) who refuse blood transfusions, and conscientious objection of healthcare professionals to abortion. The book also examines the legal and religious contexts in which these contentious cases are arbitrated. It demonstrates how human rights law and the proposed framework can provide a gauge to measure competing rights and apply legitimate limits to the expression of religious belief, where appropriate. The book concludes with a stance of principled pragmatism, which finds that some aspects of current legal protections in English medical law require amendment.

This book provides a clear overview of the legal rules relating to directors' disqualification in Australia, Germany, South Africa, the UK and the US, and to highlight the differences in the disqualification regimes of these jurisdictions. The book seeks to determine whether disqualification on application should be developed further as a corporate law and corporate governance tool to ensure that individuals who have a proven record of posing a particular risk to the business community, shareholders and creditors, are indeed disqualified from being directors. The book is unique as it provides a single source where the disqualification regimes of all these jurisdictions are explored and compared. The book will appeal to scholars of corporate law, regulators and policy-makers. The book will also be of particular interest to senior managers and directors to determine precisely what the laws regarding disqualification of company directors are, and what type of behaviour might expose them to potential disqualification.

On the 11th of March 2011, an earthquake registering 9.0 on the Richter scale (the most powerful to ever strike Japan) hit the Tohoku region in northern Japan. The earthquake produced a devastating tsunami that wiped out coastal cities and towns, leaving 18,561 people dead or registered as missing. Due to the disaster, the capability of the Fukushima Nuclear Power Plant, operated by Tokyo Electric Power Company (TEPCO), was compromised, causing nuclear meltdown. The hydrogen blast destroyed the facilities, resulting in a spread of radioactive materials, and, subsequently, serious nuclear contamination. This combined event - earthquake, tsunami, and nuclear meltdown - became known as the Great East Japan Earthquake Disaster. This book examines the response of the Japanese government to the disaster, and its attempts to answer the legal questions posed by the combination of earthquake, tsunami, and nuclear meltdown. Japanese law, policy, and infrastructure were insufficiently prepared for these disasters, and the country's weaknesses were brutally exposed. This book analyses these failings, and discusses what Japan, and other countries, can learn from these events.

Shale energy development is an issue of global importance. The number of reserves globally, and their potential economic return, have increased dramatically in the past decade. Questions abound, however, about the appropriate governance systems to manage the risks of unconventional oil and gas development and the ability for citizens to engage and participate in decisions regarding these systems. Stakeholder participation is essential for the social and political legitimacy of energy extraction and production, what the industry calls a 'social license' to operate. This book attempts to bring together critical themes inherent in the energy governance literature and illustrate them through cases in multiple countries, including the US, the UK, Canada, South Africa, Germany and Poland. These themes include how multiple actors and institutions - industry, governments and regulatory bodies at all scales, communities, opposition movements, and individual landowners - have roles in developing, contesting, monitoring, and enforcing practices and regulations within unconventional oil and gas development. Overall, the book proposes a systemic, participatory, community-led approach required to achieve a form of legitimacy that allows communities to derive social priorities by a process of community visioning. This book will be of great relevance to scholars and policy-makers with an interest in shale gas development, and energy policy and governance.

This book is about trials, civil and criminal, ecclesiastical and secular, in England and Europe between the thirteenth and the seventeenth centuries. The opening chapter provides a conceptual framework both for this book and for its companion volume on the eighteenth, nineteenth and twentieth centuries. Subsequent chapters provide a rounded view of trials conducted according to different procedures within contrasting legal systems, including English common law and Roman canon law. They consider the judges and juries and the amateur and professional advisers involved in legal processes as well as the offenders brought before the courts, with the reasons for prosecuting them and the defences they put forward. The cases examined range from a fourteenth century cause-celebre, the attempted trial of Pope Boniface VIII for heresy, to investigations of obscure people for sexual and religious offences in the city states of Geneva and Venice. Technical terms have been cut to a minimum to ensure accessibility and appeal to lawyers, social, political and legal historians, undergraduate and postgraduates as well as general readers interested in the development of the trial through time. Domestic and international trials, 1700-2000: The trial in history, vol. II edited by Dr Rose Melikan, is also published by Manchester University Press.

This collection of essays focuses attention on the global impact of legal policies on levels of poverty. They illustrate the distinct dimensions of poverty in a range of different political and cultural settings and also show how poverty is exacerbated by quite discrete local cultural factors in some instances. There is,nonetheless a universal element which runs through all the contributions. The fate of those who are disadvantaged in society depends crucially on their access to goods through the world of work. Thus gender, ethnic background or disability can result in individuals having a much higher chance of experiencing poverty than those outwith these groups and the success of these groups in achieving a measure of prosperity is bound up with a multiplicity of geographical and political factors. This book is part of the Onati International Series in Law and Society.

Originally published thirty years ago, Critique of the Legal Order remains highly relevant for the twenty-first century. Here Richard Quinney provides a critical look at the legal order in capitalist society. Using a traditional Marxist perspective, he argues that the legal order is not intended to reduce crime and suffering, but to maintain class differences and a social order that mainly benefits the ruling class. Quinney challenges modern criminologists to examine their own positions. As "ancillary agents of power," criminologists provide information that governing elites use to manipulate and control those who threaten the system. Quinney's original and thorough analysis of "crime control bureaucracies" and the class basis of such bureaucracies anticipates subsequent research and theorizing about the "crime control industry," a system that aims at social control of marginalized populations, rather than elimination of the social conditions that give rise to crime. He forcefully argues that technology applied to a "war against crime," together with academic scholarship, is used to help maintain social order to benefit a ruling class. Quinney also suggests alternatives. Anticipating the work of Noam Chomsky, he suggests we must first overcome a powerful media that provides a "general framework" that serves as the "boundary of expression." Chomsky calls this the manufacture of consent by providing necessary illusions. Quinney calls for a critical philosophy that enables us to transcend the current order and seek an egalitarian socialist order based upon true democratic principles. This core study for criminologists should interest those with a critical perspective on contemporary society.

This book examines a largely unexplored dimension of the European agencies, namely their role in EU external relations and on the international plane. International cooperation has become a salient feature of EU agencies triggering important legal questions regarding the scope and limits of their international dimension, the nature and effects of their international cooperation instruments, their status within the EU and on the global level, and leading potentially to tensions between EU law and international law. This book fills the existing knowledge gap by scrutinizing the international cooperation legal framework and practice of EU agencies, including their mandate, tasks and instruments, together with their legal status as actors with a global dimension. It sets out a general legal-analytical framework which combines legal parameters from EU and international law to assess EU agencies as global actors, and examines in detail three case studies on carefully selected agencies to shed light on the complexities of EU agencies' daily international cooperation.