In the course of the 20th and 21st centuries, major offences committed by individuals have been subject to progressive systematisation in the framework of international criminal law. Proposals developed within the context of the League of Nations coordinated individual liability and State responsibility. By contrast, international law as codified after World War II in the framework of the United Nations embodies a neat divide between individual criminal liability and State aggravated responsibility. However, conduct of State organs and agents generates dual liability. Through a critical analysis of key international rules, the book assesses whether the divisive approach to individual and State responsibility is normatively consistent. Contemporary situations, such as the humanitarian crises in Syria and Libya, 9/11 and the Iraq wars demonstrate that the matter still gives rise to controversy: a set of systemic problems emerge. The research focuses on the substantive elements of major offences, notably agression, genocide, core war crimes, core crimes against humanity and terrorism, as well as relevant procedural implications. The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in international law and politics.

This one-stop introduction gives you an overview of Scotland's mixed legal system, from its historical roots to how the judicial system works today. The fourth edition is fully updated to cover the latest legislation, rules, case law and the Carloway and Bowen Reviews, and also covers the 2017 general election, the 2016 Scottish Parliament elections, the 2014 Independence Referendum, the Scotland Act 2016; Article 50 and the EU (Withdrawal Agreement) Bill.

This book examines the detrimental impact of illicit financial flows on South Africa's development, political economy, and transformation in the 21st century. Over the years, illicit financial flows have led to the systematic looting and channelling away of South African resources, yet they are rarely studied by researchers looking to explain the country's underdevelopment and political economy. This book looks across sectors, showing that illicit financial flows cut across all the key pillars of development, frustrating the betterment of peoples' lives in South Africa. Investigating the problem from a decolonial perspective, the book delves deep into the catastrophic impacts of illicit financial flows for people and the economy, discusses how the problem is being combatted, and ultimately suggests solutions for rebuilding social trust between people and the state. Making an important contribution to the decolonial debate, as well as to discussions of South Africa's political economy, this book will be of interest to researchers across African studies, global development, political science, law and corruption studies.

This special issue of Studies in Law, Politics and Society contains two sections. In the first, 'Religious Inspirations and Legal Responses', contributors examine the interaction between law and religion. They consider the liberal tradition in which the law stands in stark opposition to religion, as well as traditions in which the law is inseparable from the sacred, revealing the complex and often controversial relationship between law and religion. Case studies include religious education, Sharia debates in Australia, Canada and the U.K., and same-sex marriage in the U.S.The second section, 'Law and Social Change: Old Questions, New Answers', examines the ways in which the law simultaneously enhances and inhibits projects of social change. The varied ways in which legal institutions respond to social movements are analyzed, along with the cultural contingencies associated with law's ability to promote change, and what we can learn about law and social change by examining societies across the globe. Case studies include refugee and asylum seeker detention and the political risks of litigation in the U.S.

Justice and Human Rights in the African Imagination is an interdisciplinary reading of justice in literary texts and memoirs, films, and social anthropological texts in postcolonial Africa. Inspired by Nelson Mandela and South Africa's robust achievements in human rights, this book argues that the notion of restorative justice is integral to the proper functioning of participatory democracy and belongs to the moral architecture of any decent society. Focusing on the efforts by African writers, scholars, artists, and activists to build flourishing communities, the author discusses various quests for justice such as environmental justice, social justice, intimate justice, and restorative justice. It discusses in particular ecological violence, human rights abuses such as witchcraft accusations, the plight of people affected by disability, homophobia, misogyny, and sex trafficking, and forgiveness. This book will be of interest to scholars of African literature and films, literature and human rights, and literature and the environment. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003148272, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Throughout American history, views on the proper relationship between the state and religion have been deeply divided. And, with recent changes in the composition of the Supreme Court, First Amendment law concerning religion is likely to change dramatically in the years ahead. In The Religion Clauses, Erwin Chemerinsky and Howard Gillman, two of America's leading constitutional scholars, begin by explaining how freedom of religion is enshrined in the First Amendment through two provisions. They defend a robust view of both clauses and work from the premise that that the establishment clause is best understood, in the words of Thomas Jefferson, as creating a wall separating church and state. After examining all the major approaches to the meaning of the Constitution's religion clauses, they contend that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. In an America that is only becoming more diverse with respect to religion, this is not only the fairest approach, but the one most in tune with what the First Amendment actually prescribes. Both a pithy primer on the meaning of the religion clauses and a broad-ranging indictment of the Court's misinterpretation of them in recent years, The Religion Clauses shows how a separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century.

Bringing a unique perspective to the burgeoning ethical and legal issues surrounding the presence of artificial intelligence in our daily lives, the book uses theory and practice on animal rights and the rights of nature to assess the status of robots. Through extensive philosophical and legal analyses, the book explores how rights can be applied to nonhuman entities. This task is completed by developing a framework useful for determining the kinds of personhood for which a nonhuman entity might be eligible, and a critical environmental ethic that extends moral and legal consideration to nonhumans. The framework and ethic are then applied to two hypothetical situations involving real-world technology-animal-like robot companions and humanoid sex robots. Additionally, the book approaches the subject from multiple perspectives, providing a comparative study of legal cases on animal rights and the rights of nature from around the world and insights from structured interviews with leading experts in the field of robotics. Ending with a call to rethink the concept of rights in the Anthropocene, suggestions for further research are made. An essential read for scholars and students interested in robot, animal and environmental law, as well as those interested in technology more generally, the book is a ground-breaking study of an increasingly relevant topic, as robots become ubiquitous in modern society. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/ISBN, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

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.

On a planet where urbanization is rapidly expanding, nowhere is the growth more pronounced than in cities of the global South, and in particular, Africa. African metropolises are harbingers of the urban challenges that lie ahead as societies grapple with the fractured social, economic, and political relations forming within these new, often mega, cities. The African Metropolis integrates geographical and historical perspectives to examine how processes of segregation, marginalization, resilience, and resistance are shaping cities across Africa, spanning from Nigeria and Ghana to Kenya, Ethiopia, and South Africa. The chapters pay particular attention to the voices and daily realities of those most vulnerable to urban transformations, and to questions such as: Who governs? Who should the city serve? Who has a right to the city? And how can the built spaces and contentious legacies of colonialism and prior development regimes be inclusively reconstructed? In addition to highlighting critical contemporary debates, the book furthers our ability to examine the transformations taking place in cities of the global South, providing detailed accounts of local complexities while also generating insights that can scale up and across to similar cities around the world. This book will be of interest to students and scholars of African Studies, urban development and human geography.

This book brings together politics, law, financial services regulation, economics and housing policy in the analysis of mortgage lending and macroprudential policy in the UK and US. The book addresses the relationship between housing policy, credit and financial instability in light of the recent global financial crisis, and proposes both short and long-term solutions. Although it is not known where the next crisis will come from, history suggests that it will have credit and property at its source. Thus, it is important that the UK and other countries look more broadly at what should be done in terms of policies, institutions and tools to make the housing market and mortgage lenders more resilient against a future crisis. This book sets out a number of workable proposals. Central to this work are questions relating to the quantitative macroprudential measures, such as loan-to-value (LTV) and debt-to-income (DTI) restrictions, and whether these can be used to any significant extent in western democracies and, if employed, whether they are likely to be effective. In particular, the book questions the political legitimacy of their use and the potential consequences for the institutions, such as central banks, promulgating such policies. Preserving financial stability in very uncertain market conditions is of key importance to central bankers and other regulators, and macroprudential policy is a rapidly growing subject for both legal and economics study. This book will therefore be of interest to financial professionals, policy-makers and academics.

In this multidisciplinary book, experts from around the globe examine how data-driven political campaigning works, what challenges it poses for personal privacy and democracy, and how emerging practices should be regulated. The rise of big data analytics in the political process has triggered official investigations in many countries around the world, and become the subject of broad and intense debate. Political parties increasingly rely on data analytics to profile the electorate and to target specific voter groups with individualised messages based on their demographic attributes. Political micro-targeting has become a major factor in modern campaigning, because of its potential to influence opinions, to mobilise supporters and to get out votes. The book explores the legal, philosophical and political dimensions of big data analytics in the electoral process. It demonstrates that the unregulated use of big personal data for political purposes not only infringes voters' privacy rights, but also has the potential to jeopardise the future of the democratic process, and proposes reforms to address the key regulatory and ethical questions arising from the mining, use and storage of massive amounts of voter data. Providing an interdisciplinary assessment of the use and regulation of big data in the political process, this book will appeal to scholars from law, political science, political philosophy and media studies, policy makers and anyone who cares about democracy in the age of data-driven political campaigning.

Agrobiodiversity and agroecology go hand-in-hand in promoting environmental resilience in international food systems as well as climate change resilient food policy. This book contextualizes how various legal frameworks address agrobiodiversity and agroecology around the globe and makes it accessible for audiences of students, practitioners, educators, and scholars. Some chapters focus on the legal regulation of agroecology from a food law perspective. Others are geared toward providing regulators, lawmakers and attorneys with the scientific and policy background of those concepts, so that they are equipped in the field of food law in everyday practice and policy. Climate change dimensions of the issues are woven throughout the book.

Samuel Pufendorf's seminal work, "The Whole Duty of Man, According to the Law of Nature" (first published in Latin in 1673), was among the first to suggest a purely conventional basis for natural law. Rejecting scholasticism's metaphysical theories, Pufendorf found the source of natural law in humanity's need to cultivate sociability. At the same time, he distanced himself from Hobbes's deduction of such needs from self-interest. The result was a sophisticated theory of the conventional character of man's social persona and of all political institutions.Pufendorf wrote this work to make his insights accessible to a wide range of readers, especially university students. As ministers, teachers, and public servants, they would have to struggle with issues of sovereignty and of the relationship between church and state that dominated the new state system of Europe in the aftermath of the Peace of Westphalia (1648)."The Whole Duty" was first translated into English in 1691. The fourth edition was significantly revised--by anonymous editors--to include a great deal of the very important editorial material from Jean Barbeyrac's French editions. This was reproduced in the fifth edition from 1735 that is republished here. The English translation provides a fascinating insight into the transplantation of Pufendorf's political theory from a German absolutist milieu to an English parliamentarian one.Samuel Pufendorf (1632-1694) was one of the most important figures in early-modern political thought. An exact contemporary of Locke and Spinoza, he transformed the natural law theories of Grotius and Hobbes, developed striking ideas of toleration and of the relationship between church and state, and wrote extensive political histories and analyses of the constitution of the German empire.Jean Barbeyrac (1674-1744) was a Huguenot refugee who taught natural law successively in Berlin, Lausanne, and Amsterdam, and edited and translated into French the major natural law works of Grotius, Pufendorf, and Cumberland.Andrew Tooke (1673-1732) was headmaster of Chaterhouse School and professor of geometry at Gresham College, London.Ian Hunter is Australian Professorial Fellow in the Centre for the History of European Discourses, University of Queensland.David Saunders is Professor Emeritus in the Faculty of Arts at Griffith University.Knud Haakonssen is Professor of Intellectual History at the University of Sussex, England.

Meta-regulation presents itself as a progressive policy approach that can manage complexity and conflicting objectives better than traditional command and control regulation. It does this by 'harnessing' markets and enlisting a broad range of stakeholders to reach a more inclusive view of the public interest that a self-regulating business can then respond to. Based on a seventeen year study of the Australian energy industry, and via the lens of Niklas Luhmann's systems theory, Meta-Regulation in Practice argues that normative meta-regulatory theory relies on questionable assumptions of stakeholder morality and rationality. Meta-regulation in practice appears to be most challenged in a complex and contested environment; the very environment it is supposed to serve best. Contending that scholarship must prioritise an understanding of communicative possibilities in practice, this book will be of interest to undergraduate and postgraduate students, as well as postdoctoral researchers interested in subjects such as business regulation, systems theory and corporate social responsibility. Please visit meta-regulation.com for more insightful information on meta-regulation and Meta-Regulation in Practice.

The 18 papers in this volume, originally published in 1969 in English and French, with summaries in the other language, define and analyze in their wider social contexts the fundamental ideas and procedures to be found in African traditional systems of law. They assess the needs and problems of adaptation to changing conditions. The comprehensive introduction by Allott, Epsteina nd Gluckman provides a framework of analysis. It deals with the search for a common terminology in which to analyse and compare the different systems of customary law proceedings and evidence, codification and recording, reason and the occult, the conception of legal personality, succcession and inheritance, land rights, marriage and affiliation, injuries, liability and responsibility.

Public participation is a vital part of constitution-making processes around the world, but we know very little about the extent to which participation affects constitutional texts. In this book, Alexander Hudson offers a systematic measurement of the impact of public participation in three much-cited cases - Brazil, South Africa, and Iceland - and introduces a theory of party-mediated public participation. He argues that public participation has limited potential to affect the constitutional text but that the effectiveness of participation varies with the political context. Party strength is the key factor, as strong political parties are unlikely to incorporate public input, while weaker parties are comparatively more responsive to public input. This party-mediation thesis fundamentally challenges the contemporary consensus on the design of constitution-making processes and places new emphasis on the role of political parties.

Media policy issues sit at the heart of the structure and functioning of media systems in Europe and beyond. This book brings together the work of a range of leading media policy scholars to provide inroads to a better understanding of how effective media policies can be developed to ensure a healthy communication sector that contributes to the wellbeing of individual citizens, as well as a more democratic society. Faced with a general atmosphere of disillusionment in the European project, one of the core questions tackled by the volume's contributors is: what scope is there for European media policy that can exist beyond the national level? Uniquely, the volume's chapters are structured around four key policy themes: media convergence; the continued role and position of public regulatory intervention in media policy; policy issues arising from the development of new electronic communication network environments; and lessons for European media policy from cases beyond the EU. In its chapters, the volume provides enriched understandings of the role and significance of policy actors, institutions, structures, instruments and processes in communication and media policy.

Written by leading authors with extensive experience in both teaching and practice, this established and trusted title equips the student with all the techniques of legal research, analysis, and argument they will need for their law course and beyond. Holland & Webb take an engaging and practical approach with examples and exercises throughout which allow students to develop their knowledge and their reasoning skills making this an ideal text for first year students. Digital formats and resources The eleventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The ebook offers a mobile experience and convenient access along with functionality tools, navigation features and links that extra learning support: www.oxfordtextbooks.co.uk/ebooks - The accompanying online resources include multiple choice questions for each chapter, links to useful websites and a guide to using Halsbury's Laws. For futher insight into legal skills, visit legaleducation.wordpress.com.

Free Speech in the Balance is the first comprehensive study of proportional analysis in free speech theory. This book challenges the US Supreme Court's categorical approach and explains the importance of understanding the breadth of concerns arising from regulations directly and indirectly impacting expression. The author provides in-depth analysis of some of the important social and political principles governing topics of vital concern, including campaign financing, university speech codes, secondary school rules, incitement, and threats. This book should be read by students and scholars of free speech theory and anyone interested in learning more about the history of existing law, the issues of current importance, and trends in expressive significance.

This edited volume provides critical reflections on the interplay between politics and law in an increasingly transnationalized global political economy. It focuses specifically on the emergence and operation of new forms of governance that are developing through a variety of transnational contractual practices, institutions, and laws in multiple sectors and areas of economic activity. Interdisciplinary in nature, the volume includes contributions from law, political science, sociology, and international politics, with the focus on the political foundations of transnational contract being both original and path-breaking. Placing power at the center of the analysis, the volume reveals the heterogeneous landscape of contemporary law-making and the different kinds of politics giving rise to this form of global ordering. As the contributors note, this new form of governance requires a different type of political theory and legal theory, with the volume advancing understanding of the analytical, theoretical and normative dimensions of private transnational governance by contract, making a valuable contribution to new theory in law and politics. It will be of great interest to students and academics in law, political science, international relations, international political economy and sociology, as well as international commercial arbitration lawyers, trade and investment lawyers, and legal firms.

Challenging the usual introductions to the study of law, A Critical Introduction to Law argues that law is inherently political and reflects the interests of the few even while presenting itself as neutral. This fully revised and updated fourth edition provides contemporary examples to demonstrate the relevance of these arguments in the twenty-first century. The book includes an analysis of the common sense of law; the use of anthropological examples to gain external perspectives of our use and understanding of law; a consideration of central legal concepts, such as order, rules, property, dispute resolution, legitimation and the rule of law; an examination of the role of law in women's subordination and finally a critique of the effect of our understanding of law upon the wider world. Clearly written and admirably suited to provoking discussions on the role of law in our contemporary world, this book is ideal for undergraduate and postgraduate students reading law, and will be of interest to those studying legal systems and skills courses, jurisprudence courses, and law and society.

Countries emerging from violent conflict face difficult challenges about what the role of media should be in political transitions, particularly when attempting to build a new state and balance a difficult legacy. Media, Conflict, and the State in Africa discusses how ideas, institutions and interests have shaped media systems in some of Africa's most complex state and nation-building projects. This timely book comes at a turbulent moment in global politics as waves of populist protests gain traction, and concerns continue to grow about fake news, social media echo chambers, and the increasing role of both traditional and new media in waging wars or influencing elections. Focusing on comparative cases from a historical perspective and the choices and ideas that informed the approaches of some of Africa's leaders, including guerrilla commanders Yoweri Museveni of Uganda and Meles Zenawi of Ethiopia, Nicole Stremlau offers a unique political insight into the development of contemporary media systems in Africa.

Questions about the nature of law, its relationship with custom, and the form of legal rules, categories and claims, are placed at the centre of this challenging, yet accessible, introduction. Anthropology of law is presented as a distinctive subject within the broader field of legal anthropology, suggesting new avenues of inquiry for the anthropologist, while also bringing empirical studies within the ambit of legal scholarship. The Anthropology of Law considers contemporary debates on human rights, international laws, and new forms of property alongside ethnographic studies of order and conflict resolution. It also delves into the rich corpus of texts and codes studied by legal historians, classicists and orientalists: the great legal systems of ancient China, India, and the Islamic world, unjustly neglected by anthropologists, are examined alongside forms of law created on their peripheries. Ancient codes, medieval coutumes, village constitutions, and tribal laws provide rich empirical detail for the authors analysis of the cross-cultural importance of the form of law, as text or rule, and carefully-selected examples shed new light upon the interrelations and distinctions between laws, custom, and justice. Legalism is taken as the starting point for inquiry into the nature and functions of law, and its roles as an instrument of government, a subject of scholarship, and an assertion of moral order. An argument unfolds concerning the tensions between legalistic thought and argument, and the ideological or aspirational claims to embody justice, morality, and religious truth, which lie at the heart of what we think of as law.