Whether you are engaged in the study of law, are considering studying law at university, are a business professional or want to find out more about the law in general, Slapper and Kelly's English Law offers a clear, lively and reliable point of entry to the law in England and Wales.

Presented in an easy-to-read style, it provides readers with an accurate explanation of how the English legal system currently works and the content of English law in all its key areas of operation, including criminal law, contract law and the law of negligence.

An invaluable introduction, English Law is an excellent resource for students of the English legal system and English law, as well as for professionals and general readers.

Applying innovative interpretive strategies drawn from cultural studies, this book considers the perennial question of law and politics: what role do the founding fathers play in legitimizing contemporary judicial review? Susan Burgess uses narrative analysis, popular culture, parody, and queer theory to better understand and to reconstitute the traditional relationship between fatherhood and judicial review. Unlike traditional, top-down public law analyses that focus on elite decision making by courts, legislatures, or executives, this volume explores the representation of law and legitimacy in various sites of popular culture. To this end, soap operas, romance novels, tabloid newspapers, reality television, and coming out narratives provide alternative ways to understand the relationship between paternal power and law from the bottom up. In this manner, constitutional discourse can begin to be transformed from a dreary parsing of scholarly and juristic argot into a vibrant discussion with points of access and understanding for all.

Whether you are engaged in the study of law, are considering studying law at university, are a business professional or want to find out more about the law in general, Slapper and Kelly's English Law offers a clear, lively and reliable point of entry to the law in England and Wales.

Presented in an easy-to-read style, it provides readers with an accurate explanation of how the English legal system currently works and the content of English law in all its key areas of operation, including criminal law, contract law and the law of negligence.

An invaluable introduction, English Law is an excellent resource for students of the English legal system and English law, as well as for professionals and general readers.

The field of forensic investigation has grown significantly in South Africa over the past few years. This growth in the field is mostly due to the fact that investigations are now also undertaken by private and corporate bodies, and by government institutions other than the South African Police Service. The field of investigation has moved from being the sole domain of the police to including other role-players. The latest developments in the forensic investigation discipline are a result of the fact that forensic investigation is a continually evolving science. The new democratic dispensation also requires that all investigations must be conducted within the ambit of the Constitution.

The authors of Forensic Investigation: Legislative Principles and Investigative Practice aim to meet the needs of this field by examining how forensic investigations should be conducted in South Africa, with reference to local legislative principles and scientific processes.

Forensic Investigation: Legislative Principles and Investigative Practice commences by covering aspects such as the constitutional basis for public and private policing, the investigation process, and the characteristics of a good investigator. The book highlights the basic concepts of investigation and then proceeds to examine more sophisticated specialised aspects, such as medico-legal evidence, DNA, and policing in a cyber-world. The work also features more recent developments in the field, such as analysing the behaviour of offenders and the choices they make during the commission of crimes. These aspects are dealt with in relation to forensic geography and offender profiling.

Forensic Investigation: Legislative Principles and Investigative Practice takes the reader from the scene of the incident (the crime scene) to the courtroom, and from investigation to prosecution – all essential components of the investigative process. The book explores the significant role and conduct of an investigator, seeking to ensure that current and future generations of investigators are aware of the challenges and changes in the investigation of crimes, incidents and transgressions, and are also familiar with the prosecution processes that follow. This book will undoubtedly prove to be an invaluable and essential tool for all investigators.

What impact do federal courts have on the administrative agencies of the federal government? How do agencies react to the decisions of federal courts? This book answers these questions by examining the responses of federal agencies to the U.S. Courts of Appeals, revealing what happens inside agencies after courts rule against them. Robert J. Hume draws upon dozens of interviews with current and former administrators, taking readers behind the scenes of these organizations to reveal their internal procedures, their attitudes about courts, and their surprising capacity to be influenced by a judge 's choice of words. This fascinating study will be of interest to students and scholars of politics as well as those seeking great understanding of the intricacies of the US political system.

This edited volume brings together leading scholars on the death penalty within international, regional and municipal law. It considers the intrinsic elements of both the promotion and demise of the punishment around the world, and provides analysis which contributes to the evolving abolitionist discourse. The contributors consider the current developments within the United Nations, the Council of Europe, the African Commission and the Commonwealth Caribbean, and engage with the emergence of regional norms promoting collective restriction and renunciation of the punishment. They investigate perspectives and questions for retentionist countries, focusing on the United States, China, Korea and Taiwan, and reveal the iniquities of contemporary capital judicial systems. Emphasis is placed on the issues of transparency of municipal jurisdictions, the jurisprudence on the 'death row phenomenon' and the changing nature of public opinion. The volume surveys and critiques the arguments used to scrutinize the death penalty to then offer a detailed analysis of possible replacement sanctions.

This book is concerned to explore the idea of imaginary penalities and to understand why the management of criminal justice and criminal justice systems has so often reached crisis point. Its underlying theme is that when political strategies of punitive populism are combined with managerialist techniques of social auditing, a new all-encompassing form of governance has emerged - powerless to deliver what it promises but with a momentum of its own and increasingly removed from proper democratic accountability.
A highly distinguished international group of contributors explores this set of themes in a variety of different contexts taken from the UK, N. America, Europe and Australia. It will be essential reading for anybody seeking to understand some of the root causes of increasing prison populations, social harms such as recidivism and domestic violence and the increasingly important role of criminal justice within systems of governance.

This book takes a novel approach to the question of how law shapes the contemporary lives of indigenous peoples in North America. Working through a series of legal cases thematically linked by a concern with how indigenous difference - indigeneity - is produced in the courtroom, this book asks the following questions:

• How does legal discourse and practice allow us to think the contemporary political context of Native North America?
• What can a critical engagement with law reveal about the lives of indigenous peoples in this key historical moment?

Through an examination of contemporary property disputes, the use of indigenous justice in mainstream courts, and the use of genetic technologies to prove or disprove indigenous identities, Indigeneity in the Courtroom provides insight into how law, culture, and the production of difference operate in the early twenty-first century.

Can the criminal justice system achieve justice based on its ability to determine the truth? Drawing on a variety of disciplinary and interdisciplinary perspectives, this book investigates the concept of truth - its complexities and nuances - and scrutinizes how well the criminal justice process facilitates truth-finding. From allegation to sentencing, the chapters take the reader on a journey through the criminal justice system, exposing the marginalization of truth-finding in favour of other jurisprudential or systemic values, such as expediency, procedural fairness and the presumption of innocence. This important work bridges the gap between what people expect from the criminal justice system and what it can legitimately deliver.

Around one in five prisoners report the previous or current incarceration of a parent. Many such prisoners attest to the long-term negative effects of parental incarceration on one's own sense of self and on the range and quality of opportunities for building a conventional life. And yet, the problem of intergenerational incarceration has received only passing attention from academics, and virtually little if any consideration from policy makers and correctional officials. This book - the first of its kind - offers an in-depth examination of the causes, experiences and consequences of intergenerational incarceration. It draws extensively from surveys and interviews with second-, third-, fourth- and fifth-generation prisoners to explicate the personal, familial and socio-economic contexts typically associated with incarceration across generations. The book examines 1) the emergence of the prison as a dominant if not life-defining institution for some families, 2) the link between intergenerational trauma, crime and intergenerational incarceration, 3) the role of police, courts, and corrections in amplifying or ameliorating such problems, and 4) the possible means for preventing intergenerational incarceration. This is undeniably a book that bears witness to many tragic and traumatic stories. But it is also a work premised on the idea that knowing these stories - knowing that they often resist alignment with pre-conceived ideas about who prisoners are or who they might become - is part and parcel of advancing critical debate and, more importantly, of creating real change. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, social theory and those interested in learning about more about families in prison.

International Commercial and Marine Arbitration analyses and compares commercial-martime arbitration in a number of different legal systems including the US, the UK, Greece and Belgium. The book examines the role of the courts in arbitration in each of these countries, making reference to the latest case law, and also makes extensive reference to French, German, Italian, Austrian, Swiss and Netherlands law. Tracing the historical emergence of the modern system of commercial arbitration Georgios Zekos then goes on to present ways in which the current process of arbitration can be developed in order to make them more effective.

In 2006 Zacarias Moussaoui became the first person to stand trial in the US for the events of September 11 2001. This timely book provides a close insight into the Moussaoui case from an anthropological perspective. Katherine C. Donahue was present at the trial. Based on first-hand evidence, this book provides a unique picture of an al-Qaeda convert in the process of forming his identity just when he is calling the death sentence upon himself. It is the story of an extra-national opposition to western democracy, seen through the experience of a man who calls himself a 'slave of Allah'. The book begins with his arrest and moves to the courtroom, telling the tale of Moussaoui's struggle with his defense lawyers, and raising questions about his ability to be 'represented' -- his national and personal identity. Donahue explores his background in France as the son of Moroccan immigrants, and follows him to London, Afghanistan and Malaysia as he joins the growing fraternity of an Islam without borders. He acquires an extra-national identity in which his loyalty is no longer constituted by his national identity -- but by his allegiance to fundamentalist Islam.

Stevens sees three crises in American judicial statesmanship. The first was the crisis of the founding. The well being of the country was subjected to grave danger, culminating in the crisis of the Civil War, and a refoundation was required. During the mid twentieth century The United States faced the possibility of destruction, World War II, and the finding of malfeasance of the nation in the office of the president. The constant excitement of contest with antagonists makes it difficult to say whether the current crisis of the Supreme Court is merely a continuation or a whole new problem.

The political leaders who resolved the first crisis and founded the Republic bequeathed as a part of that foundation the United States Supreme Court. During the subsequent history of the country, and with respect to its crises, the Court played a large part. Whether or not it does so well in the current period depends upon the quality of its judicial statesmanship. The judge is a person who acts. But it is considered action and considered action is based on prior understanding. The character of the Court's understanding, or direction, reveales itself in the course of its division over the application of the "due process" clause to state criminal proceedings.

Frankfurter's view is problematic. If Western civilization is to be preserved, it must be because it is worth preserving. If it is worth preserving it must be because it is good. If so, can it be preserved by reliance upon and reference to itself, or must reliance not be placed upon that by virtue of which the thing to be preserved is worthy of preservation? This problem is not new to Western civilization. Much has been written about Frankfurter, and common descriptions of the terms "restraint" and "pragmatism" to characterize his doctrines. Previous treatments of these doctrines now available have not seemed adequate. The intention of "Reason and History in Judicial Judgment" is to treat them as ethical problems rather than as self-explaining conclusions.

Although it was written at a time of national self-criticism, "The Supreme Court on Trial" remains a classic examination of the place of the Supreme Court in the American political system. When originally published, the American people were engaged in a severe examination of their basic commitments, their way of life, and the direction they appeared to be going. The contemporary literature--over the air, in newspaper editorials and columns, in books and articles--was heavy with protest, admonition, and exhortation. Although the times are different, the issues raised in this volume continue to be important.

The American system exalts the American citizen as common man, with claims to the dignity of citizens, and pleas for securing their civil rights. At the same time, citizens are criticized for their cultural provincialism, fear of intellectual endeavor, and adoption of conformity. Political institutions are not immune from such evaluations. We have created Hoover commissions to study the national administrative system; the Electoral College has been the subject of persistent scrutiny since World War II. There have been demands for reconstitution of our state lawmaking bodies. What links the concerns current at the time of original publication of this volume and concerns today most obviously are deep concern we now display for the character and quality of our public school curriculum and for the administrative structure which maintains and manages our schools. The role of the Supreme Court in these concerns is evident.

The purpose of the book is to examine critically the place of the Supreme Court in our political system and to improve the public understanding of what the Supreme Court does, how its acts have been received, and how its way of influencing public policy is related to other methods of making public policy.

"Charles S. Hyneman" (1900-1985) was a Distinguished Professor of Political Science at Indiana University. He was a past president of the American Political Science Association and has also written many books including "Bureaucracy in a Democracy and American Political Writing During the Founding Era, 1760-1805" (with Donald S. Lutz)

Juvenile court has elicited the interest and criticism of lawyers, social workers, and criminologists, but less attention from sociologists. This book adds to growing sociological literature on the operations of legal institutions. It describes some critical aspects of the functioning of the juvenile court, an institution charged with judging and treating delinquents. To this end, it analyzes the nature of the court operation, the handling of delinquents, and the court's functions in relation to the wider social and legal system.

This study reflects two distinct sociological heritages. First, it presents an institutional analysis of a juvenile court. One basic component of such an analysis involves description of the social context within which the juvenile court functions. In this way this book considers the nature of the court's relations with the various local institutions in its working environment and the consequences of these relations for its internal operations. Second, this study grows out of the current societal reaction approach to deviance. This approach views deviance as the product of the response of official agents of social control to perceived norm violations: "deviance" involves acts and actors reacted to and labeled as such, usually by these officials. In line with this general perspective, this study seeks to shed light on some of the processes by which youths come to be identified and officially labeled "delinquents" changing the legal and social status of those accused of wrongdoing.

This study focuses on how a particular legal institution defines, reacts to and deals with the cases brought to its attention, whatever the inherent biases of this sample and whatever the ultimate consequences for youths so handled. It describes the processes that produce differential case outcomes-- outcomes whereby some delinquents emerge from their court encounter firmly identified as future criminals, while others escape unharmed, not regarded as "really" delinquent despite the formal adjudication to this effect.

Current estimates indicate that approximately 2.2 million people are incarcerated in federal, state, and local correctional facilities across the United States. There are another 5 million under community correctional supervision. Many of these individuals fall into the classification of special needs or special populations (e.g., women, juveniles, substance abusers, mentally ill, aging, chronically or terminally ill offenders). Medical care and treatment costs represent the largest portion of correctional budgets, and estimates suggest that these costs will continue to rise. In the community, probation and parole officers are responsible for helping special needs offenders find appropriate treatment resources. Therefore, it is important to understand the needs of these special populations and how to effectively care for and address their individual concerns. The Routledge Handbook of Offenders with Special Needs is an in-depth examination of offenders with special needs, such as those who are learning-challenged, developmentally disabled, and mentally ill, as well as substance abusers, sex offenders, women, juveniles, and chronically and terminally ill offenders. Areas that previously have been unexamined (or examined in a limited way) are explored. For example, this text carefully examines the treatment of gay, lesbian, bisexual, and transgender offenders, and racial and gender disparities in health care delivery, as well as pregnancy and parenthood behind bars, homelessness, and the incarceration of veterans and immigrants. In addition, the book presents legal and management issues related to the treatment and rehabilitation of special populations in prisons/jails and the community, including police-citizen interactions, diversion through specialty courts, obstacles and challenges related to reentry and reintegration, and the need for the development and implementation of evidence-based criminal justice policies and practices. This is a key collection for students taking courses in prisons, penology, criminal justice, criminology, and related areas of study, and an essential resource for academics and practitioners working with offenders with special needs.

Drawing on a body of empirical, qualitative work spanning three decades, this unique text traces the significance of critical social research and critical analyses in understanding some of the most significant and controversial issues in contemporary society. Focusing on central debates in the UK and Ireland - prison protests; inner-city uprisings; deaths in custody; women's imprisonment; transition in the north of Ireland; the 'crisis' in childhood; the Hillsborough and Dunblane tragedies; and the 'war on terror' - Phil Scraton argues that 'marginalisation' and 'criminalisation' are social forces central to the application of state power and authority. Each case study demonstrates how structural relations of power, authority and legitimacy, establish the determining contexts of everyday life, social interaction and individual opportunity.

This book explores the politics and ethics of critical social research, making a persuasive case for the application of critical theory to analysing the rule of law, its enforcement and the administration of criminal justice. It is indispensable for students in the fields of criminology, criminal justice and socio-legal studies, social policy and social work.

Drawing on a body of empirical, qualitative work spanning three decades, this unique text traces the significance of critical social research and critical analyses in understanding some of the most significant and controversial issues in contemporary society. Focusing on central debates in the UK and Ireland - prison protests; inner-city uprisings; deaths in custody; women's imprisonment; transition in the north of Ireland; the 'crisis' in childhood; the Hillsborough and Dunblane tragedies; and the 'war on terror' - Phil Scraton argues that 'marginalisation' and 'criminalisation' are social forces central to the application of state power and authority. Each case study demonstrates how structural relations of power, authority and legitimacy, establish the determining contexts of everyday life, social interaction and individual opportunity.

This book explores the politics and ethics of critical social research, making a persuasive case for the application of critical theory to analysing the rule of law, its enforcement and the administration of criminal justice. It is indispensable for students in the fields of criminology, criminal justice and socio-legal studies, social policy and social work.

Public Policy and the CJEU's Power offers an overarching analytical framework for thinking about the impact of policy contexts on the CJEU's influence on European public policy and the course of European integration. Thereby, it lays out a research agenda that is best described as public policy approach to studying judicial power in the European Union. The policy contexts within which actors operate do not only structure the incentives to use litigation, they also affect how strongly the implementation of court rulings relies on these policy stakeholders. Therefore, the CJEU's power is strongly dependent on policy contexts and policy stakeholders. This argument is illustrated by a wide variety of empirical analyses covering the three major types of legal actions before the CJEU (infringement proceedings, preliminary rulings and annulments), a wide variety of policy fields (e.g. competition law, internal market regulation, common agriculture policy, social policies, foreign policy), and different types of policy stakeholders (e.g. public, private, subnational, national and European stakeholders). Using this rich empirical material, the book provides an analytic framework for thinking about how policy contexts influence the CJEU's impact. Bringing together expert contributions, Public Policy and the CJEU's Power will be of great interest and use to scholars working on the European Union, law and politics and public policy. The chapters were originally published as a special issue in the Journal of European Integration.

Gaming the System takes an active approach to learning about American government, using novel, exciting, and highly instructive games to help students learn politics by living it. These timeless games are the perfect complement to a core textbook in American government-covering key topics like the Constitution, the Supreme Court, Congress, political participation, campaigns and elections, the federal bureaucracy, the social contract, social movements, and public opinion-and can be applied to specific courses at other levels, as well. For Instructors: These nine games are designed to be easily inserted into courses, with all but one fitting into one class session and all flexible enough to adapt or scale as needed. Games are designed so that students will be ready to play after minimal preparation and with little prior knowledge; instructors do not need to design or prepare any additional materials. An extensive instructor-only online resource provides everything needed to accompany each game: summary and discussion of the pedagogical foundations on active learning and games; instructions and advice for managing the game and staging under various logistical circumstances; student handouts and scoresheets, and more. For Students: These games immerse participants in crucial narratives, build content knowledge, and improve critical thinking skills-at the same time providing an entertaining way to learn key lessons about American government. Each chapter contains complete instructions, materials, and discussion questions in a concise and ready-to-use form, in addition to time-saving tools like scorecards and 'cheat sheets.' The games contribute to course understanding, lifelong learning, and meaningful citizenship.

This textbook provides an explanatory and contextual view of EU law and its impact in a simple and easily accessible yet analytical manner. It illustrates the power struggles behind a given EU law act, to allow for full understanding of how it developed. This allows the student to understand EU law as a force in the increasingly globalized world, rather than as technical and doctrinal subject. The textbook begins by setting the scene of EU integration, how we got there and why it is important. Thereafter it explores the constitutional framework for understanding EU law in context and by discussing inter alia, division of competences, accountability, legitimacy, enforcement, human rights, participation rights and so on as well as the general principles of the EU and citizenship rights. Subsequently the textbook explores the essentials of the internal market as well as the principles of competition law. It also discusses free movement rights and links to the growing "Area of Freedom, Security and Justice". Finally the textbook offers fresh insights on the external dimension of EU law and the role of the EU in the world today before concluding with an outlook on the future of EU law including the consequences of events such as Brexit.

This book equips both lawyer and historian with a complete history of Roman law, from its beginnings c1000 B.C. through to its re-discovery in Europe where it was widely applied until the eighteenth century.

Combining a law specialist's informed perspective of legal history with a socio-political and cultural focus, it examines the sources of law, the ways in which these laws were applied and enforced, and the ways the law was influenced and progressed, with an exploration of civil and criminal procedures and special attention paid to legal science. The final chapter covers the history of Roman law in late antiquity and appraises the move towards the codification of law that culminated in the final statement of Roman law: the Corpus Iuris Civilis of Emperor Justinian. Throughout the book, George Mousourakis highlights the relationship between Roman law and Roman life by following the lines of the major historical developments.

Including bibliographic references and organised accessibly by historical era, this book is an excellent introduction to the history of Roman law for students of both law and ancient history.

This book equips both lawyer and historian with a complete history of Roman law, from its beginnings c1000 B.C. through to its re-discovery in Europe where it was widely applied until the eighteenth century.

Combining a law specialist's informed perspective of legal history with a socio-political and cultural focus, it examines the sources of law, the ways in which these laws were applied and enforced, and the ways the law was influenced and progressed, with an exploration of civil and criminal procedures and special attention paid to legal science. The final chapter covers the history of Roman law in late antiquity and appraises the move towards the codification of law that culminated in the final statement of Roman law: the Corpus Iuris Civilis of Emperor Justinian. Throughout the book, George Mousourakis highlights the relationship between Roman law and Roman life by following the lines of the major historical developments.

Including bibliographic references and organised accessibly by historical era, this book is an excellent introduction to the history of Roman law for students of both law and ancient history.

A novel and incisive investigation of the role of judicial precedents and customs in Russian law, this book examines the trends in the development of judge-made law in Russian civil law since the demise of the Soviet Union.

Exploring the interrelated propositions that a certain creative element is intrinsic to the judicial function in modern legal systems, which are normally shaped by both legislators and judges and that the Russian legal system is not an exception to this rule, the author argues that the rejection or acceptance of judge-made law can no longer be sufficient grounds for distinguishing between common law and civil law systems for the purposes of comparative analysis.

Divided into six chapters, it covers:

• the principles applied by judges when interpreting legal acts; analyzing a number of academic writings on this subject
• the boundaries of the realm of judge-made law and the problem of 'hard cases' and the factors, which make them 'hard'
• a taxonomy of forms in which Russian courts effectuate their law-creation functions
• current policies of courts in legal and socio-political matters
• joint-stock societies and arbitrazh courts.

Estimating the degree of creativity within different branches of the Russian judiciary and explaining the difference in the approaches of various courts as well as setting out proposals as to how the discrepancies in judicial practice can be avoided, Judicial Law-Making in Post-Soviet Russia is invaluable reading for all students of international law, comparative law, legal skills, method and systems and jurisprudence and philosophy of law.

Winner of the Julia Ward Howe Prize "The gripping story of the most important environmental law case ever decided by the Supreme Court." -Scott Turow "In the tradition of A Civil Action, this book makes a compelling story of the court fight that paved the way for regulating the emissions now overheating the planet. It offers a poignant reminder of how far we've come-and how far we still must go." -Bill McKibben, author of The End of Nature On an unseasonably warm October morning, an idealistic young lawyer working on a shoestring budget for an environmental organization no one had heard of hand-delivered a petition to the Environmental Protection Agency, asking it to restrict greenhouse gas emissions from new cars. The Clean Air Act authorized the EPA to regulate "any air pollutant" thought to endanger public health. But could carbon dioxide really be considered a harmful pollutant? And even if the EPA had the authority to regulate emissions, could it be forced to do so? The Rule of Five tells the dramatic story of how Joe Mendelson and the band of lawyers who joined him carried his case all the way to the Supreme Court. It reveals how accident, infighting, luck, superb lawyering, politics, and the arcane practices of the Supreme Court collided to produce a legal miracle. The final ruling in Massachusetts v. EPA, by a razor-thin 5-4 margin brilliantly crafted by Justice John Paul Stevens, paved the way to important environmental safeguards which the Trump administration fought hard to unravel and many now seek to expand. "There's no better book if you want to understand the past, present, and future of environmental litigation." -Elizabeth Kolbert, author of The Sixth Extinction "A riveting story, beautifully told." -Foreign Affairs "Wonderful...A master class in how the Supreme Court works and, more broadly, how major cases navigate through the legal system." -Science