Bringing together established academics and new researchers, the chapters in this collection interrogate the operation of 'the public' in a range of different legal, illegal and alegal spaces. The key question which frames the contributions is whether and in what manner 'the public' operates as an interface between law and society, allowing the interests and opinions of the population at large to be represented and reflected in legal discourse, such that collectively generated imperatives may be imposed upon political and economic actors. Multi-disciplinary in its approach, the volume reflects an understanding that there is more to the role of 'the public' in relation to law than the conventional demarcation of the field of 'public law' and that this relationship is open to comment from a wide range of actors.

As we enter the twenty-first century, the role of religion within civic society has become an issue of central concern across the world. The complex trends of secularism, multiculturalism and the rise of religiously motivated violence raise fundamental questions about the relationship between political institutions, civic culture and religious groups. Contesting Secularism represents a major intervention into this debate. Drawing together contributions from leading scholars from across the world it analyses how secularism functions as a political doctrine in different national contexts put under pressure by globalisation. In doing so it presents different models for the relationship between political institutions and religious groups, challenging the reader to be more aware of assumptions within their own cultural context, and raises alternative possibilities for the structure of democratic, multi-faith societies. Through its inter-disciplinary and comparative approach, Contesting Secularism sets a new agenda for thinking about the place of religion in the public sphere of twenty-first century societies. It is essential reading for policymakers, as well as for scholars and students in political science, law, sociology and religious studies.

Over the last twenty years, processes of pluralization, differentiation and trans-nationalization in the European Union have arguably challenged the centrality of law to European integration. Yet these developments also present opportunities to investigate new understandings of law triggered by European integration. The contributors to this book revisit one of the first academic projects to conceptualise and study European legal integration - the early 'Integration through Law' School. On this basis, they consider continuities and discontinuities in the underlying social and political landscape which the law is to integrate (the 'object' of integration), the forms and capacities of the law itself (the 'agent' of integration), and the way these two dimensions reflect on each other. Displaying different normative concerns and varied theoretical starting points, all contributors maintain that 'integration through law' remains of enduring significance to the European integration process. The volume provides a valuable reference for scholars in the field of European integration studies and European legal and political theory.

MacCormick's `Institutions of Law' is the culmination of a lifetime's work in legal theory by one of the world's most respected legal theorists. Featuring an impressive collection of contributions from well-known legal theorists from around the world, all of whom are familiar with MacCormick's work, this collection provides a cutting edge account of the book's significance.

With distressing statistics about rising cost burdens, increasing foreclosure rates, rising unemployment, falling wages, and widespread homelessness, building affordable housing is one of our most pressing social policy problems. Affordable Housing and Public-Private Partnerships focuses attention on this critical need, as leading experts on affordable housing law and policy come together to address key issues of concern and to suggest appropriate responses for future action. Focusing in particular on how best to understand and implement the joint work of public and private actors in housing, this book considers the real estate aspects of affordable housing law and policy, access to housing, housing finance and affordability, land use, housing regulation and housing issues in a post-Katrina context. Filling a critical gap in the scholarly literature available, this book will be of particular interest to policy-makers, academics, lawyers and students of housing, land use, real estate, property, community development and urban planning

Advocacy for religious freedom has become a global project while religion, and the management of religion, has become of increasing interest to scholars across a wider range of disciplines. Rather than adopting the common assumption that religious freedom is simply incompletely realized, the authors in this book suggest that the starting point for understanding religion in public life today should be religious establishment. In the hyper-globalized world of the politics of religious freedom today, a focus on establishments brings into view the cultural assumptions, cosmologies, anthropologies, and institutions which structure religion and religious diversity. Leading international scholars from a diverse range of disciplines explore how countries today live with religious difference and consider how considering establishments reveals the limitations of universal, multicultural, and interfaith models of religious freedom. Examining the various forms religion takes in Tunisia, Canada, Taiwan, South Africa, and the USA, amongst others, this book argues that legal protections for religious freedom can only be understood in a context of socially and culturally specific constraints.

First published in 1805, this work summarises the vast array of laws at the time on the relief of the poor in Great Britain. Split across two volumes, it not only condenses the laws themselves but also disentangles the theory and doctrine of each law and explains how the theory should have been applied in practice. This work will be a valuable primary source for those studying 19th poor relief and welfare.

First published in 1805, this work summarises the vast array of laws at the time on the relief of the poor in Great Britain. Split across two volumes, it not only condenses the laws themselves but also disentangles the theory and doctrine of each law and explains how the theory should have been applied in practice. This work will be a valuable primary source for those studying 19th poor relief and welfare.

Did she choose that?' Or, more normatively, 'Why would she choose that?' This book critiques and offers an alternative to these questions, which have traditionally framed law and policy discussions circulating around controversial genderized practices. It examines the simplicity and incompleteness of choice-based rhetoric and of presumptions that women's conduct is shaped, in an absolute way, either by choice or by coercion. This book develops an analytical framework that aims to discern the meaning and value that women may ascribe to morally ambiguous practices. An analysis of law's approach to polygamy, surrogacy and sex work, particularly in Canada, the United Kingdom and Australia, provides a basis for evaluating the choice-coercion binary and for contemplating alternate modes for assessing, from a law and policy standpoint, the palatability of social practices that appear pernicious to women. Weaving together interdisciplinary research, an innovative analytical framework for assessing choices ostensibly harmful to women, and a critique of the legal rules governing such choices, this book bears relevance for students, scholars, practicing jurists and policymakers seeking a richer understanding of conduct that moves women to the margins of law and society.

This volume brings together researchers from different European countries and disciplines who are involved in Clinical Ethics Consultation (CEC). The work provides an analysis of the theories and methods underlying CEC as well a discussion of practical issues regarding the implementation and evaluation of CEC. The first section deals with different possible approaches in CEC. The authors explore the question of how we should decide complex cases in clinical ethics, that is, which ethical theory, approach or method is most suitable in order to make an informed ethical decision. It also discusses whether clinical ethicists should be ethicists by education or rather well-trained facilitators with some ethical knowledge. The second chapter of this book focuses on practical aspects of the implementation of CEC structures. The analysis of experienced clinical ethicists refers to macro and micro levels in both developed and transitional countries. Research on the evaluation of CEC is at the centre of the final chapter of this volume. In this context conceptual as well as empirical challenges with respect to a sound approach to judgements about the quality of the work of CECs are described and suggestion for further research in this area are made. In summary this volumes brings together theorists and healthcare practitioners with expertise in CEC. In this respect the volume serves as good example for a multi- and interdisciplinary approach to clinical ethics which combines philosophical reasoning and empirical research.

As the use of human body parts has become increasingly commercialized, a need has arisen for new approaches to regulation that moves beyond the paradigm of altruism. During the course of this discussion, the notion of property has become a key concept. Focusing on practical and conceptual perspectives, the multidisciplinary group of authors, which includes specialists in philosophy, law, sociology, biology and medicine, have come together with practicing lawyers to consider both legal provisions and patterns of regulation in countries across Europe. Identifying divergences between different legal traditions, the authors explore various conceptual models which could be used to improve and to guide policy making. With this twin focus on practical and conceptual perspectives, this volume sets the standard for a detailed and innovative discussion of issues surrounding the regulation of research on human tissue.

This book details the advances in drug discovery and delivery and the present need for emerging technologies. Throughout the text new micro and nanofabrication techniques are described, including methods like electrohydrodynamic processes, additive manufacturing, and microfluidics, which have the potential to produce drug delivery systems that were not possible a few years ago. This book is of great use to both entry-level and experienced researchers in the field of emerging technologies for the manufacturing of drug delivery devices.

The digital age began in 1939 with the construction of the first digital computer. In the sixty-five years that have followed, the influence of digitisation on our everyday lives has grown steadily and today digital technology has a greater influence on our lives than at any time since its development. This book examines the role played by digital technology in both the exercise and suppression of human rights. The global digital environment has allowed us to reinterpret the concept of universal human rights. Discourse on human rights need no longer be limited by national or cultural boundaries and individuals have the ability to create new forms in which to exercise their rights or even to bypass national limitations to rights. The defence of such rights is meanwhile under constant assault by the newfound ability of states to both suppress and control individual rights through the application of these same digital technologies. This book gathers together an international group of experts working within this rapidly developing area of law and technology and focuses their attantion on the specific interaction between human rights and digital technology. This is the first work to explore the challenges brought about by digital technology to fundamental freedoms such as privacy, freedom of expression, access, assembly and dignity. It is essential reading for anyone who fears digital technology will lead to the 'Big Brother' state.

Challenging the dominant account of medical law as normatively and conceptually subordinate to medical or bioethics, this book provides an innovative account of medical law as a rhetorical practice. The aspiration to provide a firm grounding for medical law in ethical principle has not yet been realized. Rather, legal doctrine is marked, if anything, by increasingly evident contradiction and indeterminacy that are symptomatic of the inherently contingent nature of legal argumentation. Against the idea of a timeless, placeless ethics as the master discipline for medical law, this book demonstrates how judicial and academic reasoning seek to manage this contingency, through the deployment of rhetorical strategies, persuasive to concrete audiences within specific historical, cultural and political contexts. Informed by social and legal theory, cultural history and literary criticism, John Harrington's careful reading of key judicial decisions, legislative proposals and academic interventions offers an original, and significant, understanding of medical law.

What are the various forces influencing the role of the prison in late modern societies? What changes have there been in penality and use of the prison over the past 40 years that have led to the re-valorization of the prison? Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment. Authored by some of Australia's leading penal theorists, the book examines the historical and contemporary influences on the use of the prison, with analyses of colonialism, post colonialism, race, and what they term the 'penal/colonial complex,' in the construction of imprisonment rates and on the development of the phenomenon of hyperincarceration. The authors develop penal culture as an explanatory framework for continuity, change and difference in prisons and the nature of contested penal expansionism. The influence of transformative concepts such as 'risk management', 'the therapeutic prison', and 'preventative detention' are explored as aspects of penal culture. Processes of normalization, transmission and reproduction of penal culture are seen throughout the social realm. Comparative, contemporary and historical in its approach, the book provides a new analysis of penality in the 21st century.

This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.

Leadership includes the ability to persuade others to embrace one's ideas and to act upon them. Teaching law students the art of persuasion through advocacy is at the heart of legal education. But historically law schools have not included leadership studies in the curriculum. This book is one of the first to examine whether and how to integrate the theory and practice of leadership studies into legal education and the legal profession. Interdisciplinary in its scope, with contributions from legal educators and practitioners, the book defines leadership in the context of the legal profession and explores its challenges in legal academia, private practice, and government. It also investigates whether law students need to study leadership and, if they should, why it should be offered as part of the curriculum. Finally, it considers how leadership should be taught and how it should be integrated into classes. It evaluates new leadership courses and the adaptation of existing courses to reflect on how to effectively blend law and leadership in doctrinal, clinical, and experiential classrooms. The book includes a foreword by Pulitzer Prize-winning historian and noted leadership scholar, James MacGregor Burns and a foundational essay by prominent leadership scholar and one of the founders of the International Leadership Association, Georgia Sorenson. It will be a valuable resource to anyone interested in leadership, education policy and legal ethics.

This book examines an interesting and relatively understudied area of the evolution of the international rule of law and the role of professional ethics. The rule of law has been gradually developed and promoted at the national level over centuries, however at the international level it has only recently received (more in rhetoric than in implementation) support from a macro perspective - developments of international rules and institutions, and from a micro perspective - ethical codes, independence and un-bias of professionals, working in international organizations and tribunals. The book offers analysis and recommends policies to strengthen the rule of law at international level to meet a major global governance demand in ensuring equity, justice, stability and consistency in international affairs.

Whereas previous studies of legitimacy and trust have mostly dealt with procedural justice and the police, this book focuses on other crucial understudied aspects of legitimacy within criminal law, policy and criminal justice. The chapters expand and develop current criminological, legal and socio-legal research by addressing conceptions of legitimacy linked to criminal law norms, criminalisation and sanctioning; by examining EU legal and policy aspects of the phenomenon; and by exploring some specific court-related issues of legitimacy and trust, hitherto neglected. With contributions from across the EU, this interdisciplinary collection presents a valuable discussion on the importance of trust in legal institutions of modern democracies and suggests ideas for future research in this area to challenge ways of thinking about legitimacy.

This first-of-a-kind analysis will focus exclusively on unavoidable and mandated multiple relationships between clients and psychotherapists. The book will cover the ethics of a range of venues and situations where dual relationships are mandated, such as in the military, prisons/jails, and police departments, and settings where multiple relationships are unavoidable, such as rural communities; graduate schools and training institutions; faith, spiritual, recovery or 12-step, minority and disabled communities, total institutions, and sport psychology. The complexities of social network ethics and digital dual relationships, such as clients becoming "friends" or "fans" on their therapists' social media pages are discussed. Finally, the book will discuss the complexities multiple roles that inevitably emerge in supervisory relationships.

This book is an essential introduction to the complex issues and debates in the field of law and film. It explores interconnections that are usually ignored between law and film through three main themes: A Fantastic Jurisprudence explores representations of law in law Law, Aesthetics and Visual Technologies focuses on the visual aspects of law's moving image Regulation: Histories, Cultures, Practices brings together work on different dimensions and contexts of regulation, censorship, state subsidies and intellectual property to explore the complex inter-relationship between the state, industry and private regulation. Law's Moving Image is an innovative, multi-disciplinary contribution to the rapidly growing fields of study in law and film, law and visual culture, law and culture, criminology, social and cultural studies. It will be of interest to students and academics involved in these areas.

With increasing recognition of the international market in health professionals and the impact of globalism on regulation, the governance of the health workforce is moving towards greater public engagement and increased transparency. This book discusses the challenges posed by these processes such as improved access to health services and how structures can be reformed so that good practice is upheld and quality of service and patient safety are ensured. With contributions from regulators, academics, lawyers and health professionals, this book presents arguments from multiple perspectives. Of global relevance, it brings together concerns about access, quality and safety within the framework of the health workforce governance continuum and will be of interest to policy makers, regulators, health professionals, academics legal practitioners, insurers, students and researchers.

Remorse is a powerful, important and yet academically neglected emotion. This book, one of the very few extended examinations of remorse, draws on psychology, law and philosophy to present a unique interdisciplinary study of this intriguing emotion. The psychological chapters examine the fundamental nature of remorse, its interpersonal effects, and its relationship with regret, guilt and shame. A practical focus is also provided in an examination of the place of remorse in psychotherapeutic interventions with criminal offenders. The book's jurisprudential chapters explore the problem of how offender remorse is proved in court and the contentious issues concerning the effect that remorse - and its absence - should have on sentencing criminal offenders. The legal and psychological perspectives are then interwoven in a discussion of the role of remorse in restorative justice. In Remorse: Psychological and Jurisprudential Perspectives, Proeve and Tudor bring together insights of neighbouring disciplines to advance our understanding of remorse. It will be of interest to theoreticians in psychology, law and philosophy, and will be of benefit to practising psychologists and lawyers.

Technological innovation is deeply woven into the fabric of American culture, and is no less a basic feature of American health care. Medical technology saves lives and relieves suffering, and is enormously popular with the public, profitable for doctors, and a source of great wealth for industry. Yet its costs are rising at a dangerously unsustainable rate. The control of technology costs poses a terrible ethical and policy dilemma. How can we deny people what they may need to live and flourish? Yet is it not also harmful to let rising costs strangle our health care system, eventually harming everyone? In Taming the Beloved Beast, esteemed medical ethicist Daniel Callahan confronts this dilemma head-on. He argues that we can't escape it by organizational changes alone. Nothing less than a fundamental transformation of our thinking about health care is needed to achieve lasting and economically sustainable reform. The technology bubble, he contends, is beginning to burst. Callahan weighs the ethical arguments for and against limiting the use of medical technologies, and he argues that reining in health care costs requires us to change entrenched values about progress and technological innovation. Taming the Beloved Beast shows that the cost crisis is as great as that of the uninsured. Only a government-regulated universal health care system can offer the hope of managing technology and making it affordable for all.

This book explores why widespread predictions of the radical transformation in the recording industry did not materialise. Although the growing revenue generated from streaming signals the recovery of the digital music business, it is important to ask to what extent is the current development a response to digital innovation. Hyojung Sun finds the answer in the detailed innovation process that has taken place since Napster. She reassesses the way digital music technologies were encultured in complex music valorisation processes and demonstrates how the industry has become reintermediated rather than disintermediated. This book offers a new understanding of digital disruption in the recording industry. It captures the complexity of the innovation processes that brought about technological development, which arose as a result of interaction across the circuit of the recording business - production, distribution, valorisation, and consumption. By offering a more sophisticated account than the prevailing dichotomy, the book exposes deterministic myths surrounding the radical transformation of the industry.