'If Henriques were a fictional character, he would be a celebrity, the kind of dashing, hawkish QC who turns up in Agatha Christie novels and is recognised by everybody... There is an undeniable, lawyerly authenticity about Henriques's book. He takes us meticulously through his cases... It is fascinating to read.' - Dominic Sandbrook, Sunday Times Sir Richard Henriques has been centre stage in some of the most high-profile and notorious cases of the late 20th and early 21st centuries. After taking silk in 1986, over the course of the next 14 years he appeared in no fewer than 106 murder trials, including prosecuting Harold Shipman, Britain's most prolific serial killer, and the killers of James Bulger. In 2000 he was appointed to the High Court Bench and tried the transatlantic airline plot, the Morecambe Bay cockle pickers, the killing of Jean Charles de Menezes, and many other cases. He sat in the Court of Appeal on the appeals of Barry George, then convicted of murdering Jill Dando, and Jeremy Bamber, the White House Farm killer. In From Crime to Crime he not only recreates some of his most famous cases but also includes his trenchant views on the state of the British judicial system; how it works - or doesn't - and the current threats to the rule of law that affect us all.

Why are we so concerned with belonging? In what ways does our belonging constitute our identity? Is belonging a universal concept or a culturally dependent value? How does belonging situate and motivate us? Joseph E. David grapples with these questions through a genealogical analysis of ideas and concepts of belonging. His book transports readers to crucial historical moments in which perceptions of belonging have been formed, transformed, or dismantled. The cases presented here focus on the pivotal role played by belonging in kinship, law, and political order, stretching across cultural and religious contexts from eleventh-century Mediterranean religious legal debates to twentieth-century statist liberalism in Western societies. With his thorough inquiry into diverse discourses of belonging, David pushes past the politics of belonging and forces us to acknowledge just how wide-ranging and fluid notions of belonging can be.

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.

Public procurement law, regulating public sector purchasing of certain contracts for goods, works and services, is an area of EU law which is closely intertwined with the UK's economy. It will almost inevitably be affected by the consequences of Brexit. At a time of significant uncertainty, this book explores policy directions which domestic procurement law could take in the future, including whether 'Buy National' policies might feasibly be introduced, or whether existing procurement procedures could be significantly reviewed.

The Warren Court of the 1950s and 1960s was the most liberal in American history. Yet within a few short years, new appointments redirected the Court in a more conservative direction, a trend that continued for decades. However, even after Warren retired and the makeup of the court changed, his Court cast a shadow that extends to our own era. In The Long Reach of the Sixties, Laura Kalman focuses on the late 1960s and early 1970s, when Presidents Johnson and Nixon attempted to dominate the Court and alter its course. Using newly released-and consistently entertaining-recordings of Lyndon Johnson's and Richard Nixon's telephone conversations, she roots their efforts to mold the Court in their desire to protect their Presidencies. The fierce ideological battles-between the executive, legislative, and judicial branches-that ensued transformed the meaning of the Warren Court in American memory. Despite the fact that the Court's decisions generally reflected public opinion, the surrounding debate calcified the image of the Warren Court as activist and liberal. Abe Fortas's embarrassing fall and Nixon's campaign against liberal justices helped make the term "activist Warren Court" totemic for liberals and conservatives alike. The fear of a liberal court has changed the appointment process forever, Kalman argues. Drawing from sources in the Ford, Reagan, Bush I, and Clinton presidential libraries, as well as the justices' papers, she shows how the desire to avoid another Warren Court has politicized appointments by an order of magnitude. Among other things, presidents now almost never nominate politicians as Supreme Court justices (another response to Warren, who had been the governor of California). Sophisticated, lively, and attuned to the ironies of history, The Long Reach of the Sixties is essential reading for all students of the modern Court and U.S. political history.

This book provides the definitive reference point on all the issues pertaining to dealing with the 'crisis of the rule of law' in the European Union. Both Member State and EU levels are considered. Particular attention is paid to the analysis of the concrete legal bases and instruments that the EU may avail itself of for enforcing rule of law, and the volume clearly demonstrates that a number of legally sound ways of rule of law oversight are available. Contributors are leading scholars who assess the potential role to be played by the various bodies in the context of dealing with the EU's rule of law imperfections.

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.

Ludic Ubuntu Ethics develops a positive peace vision, taking a bold look at African and Indigenous justice practices and proposes new relational justice models. 'Ubuntu' signifies shared humanity, presenting us a sociocentric perspective of life that is immensely helpful in rethinking the relation of offender and victim. In this book, Nagel introduces a new theoretical liberation model-ludic Ubuntu ethics-to showcase five different justice conceptions through a psychosocial lens, allowing for a contrasting analysis of negative Ubuntu (eg., through shaming and separation) towards positive Ubuntu (eg., mediation, healing circles, and practices that no longer rely on punishment). Providing a novel perspective on penal abolitionism, the volume draws on precolonial (pre-carceral) Indigenous justice perspectives and Black feminism, using discourse analysis and a constructivist approach to justice theory. Nagel also introduces readers to a post secular turn by taking seriously the spiritual dimensions of healing from harm and highlighting the community's response. Spanning disciplinary boundaries and aimed at readers seeking to understand how to move beyond reintegrative shaming and restorative justice theories, the volume will engage scholars of criminology, philosophy and law, and more specifically penal abolitionism, social ethics, peace studies, African studies, critical legal studies, and human rights. It will also be of great interest to practitioners and activists in restorative justice, mediation, social work, and performance studies.

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.

The most practical foundation for law students, combining content on the English legal system, academic and professional skills, and commercial awareness and employability. Legal Systems & Skills is the essential contemporary toolkit for law students, equipping them with the tools they need to thrive in their academic studies and onto employment. · Accessible and engaging, with a wide range of pedagogical features to help students to apply their knowledge and think critically about the law · Learning supported by annotated documents, real-life examples, flowcharts, and diagrams, providing visual representations of concepts and processes · Comprehensive content on employability, including CV preparation and transferable skills, alongside features like 'Practice tip', 'What the professionals say' and 'Selling your skills' · Expanded coverage on sentencing, the judiciary, new routes into the legal professions, and legal technology · New content on retained EU law, following post-Brexit changes · New chapter on revision and assessment including topics on SBAQs, online assessment, and physical and mental wellbeing Digital formats and resources The fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks · The online resources include self-test questions and links to useful websites for each chapter, interactive diagrams, guidance on the practical exercises, and sample interview questions.

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.

In digital economies, the Internet enables the "platformisation" of everything. Big technology companies and mobile apps are running mega marketplaces, supported by seamless online payments systems. This rapidly expanding ecosystem is fueled by data. Meanwhile, perceptions of the global financial crisis, data breaches, disinformation and the manipulation of political sentiment have combined to create a modern trust crisis. A lack of trust constrains commerce, particularly in terms of consumer protection and investment. Big data, artificial intelligence, automated algorithms and blockchain technology offer new solutions and risks. Trust in our legal systems depends on certainty, consistency and enforceability of the law. However, regulatory and remedial gaps exist because the law has not kept up with technology. This work explores the role of competency and good faith, in the creation of social and legal relationships of trust; and the need for governance transparency and human accountability to combat distrust, particularly in digital economies.

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.

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.