What role can resources that go beyond text play in the development of moral education in law schools and law firms? How can these resources - especially those from the visual and performing arts - nourish the imagination needed to confront the ethical complexities of particular situations? This book asks and answers these questions, thereby introducing radically new resources for law schools and law firms committed to fighting against the moral complacency that can all too often creep into the life of the law. The chapters in this volume build on the companion volume, The Arts and the Legal Academy, also published by Ashgate, which focuses on the role of non-textual resources in legal education generally. Concentrating in particular on the moral dimension of legal education, the contributors to this volume include a wide range of theorists and leading legal educators from the UK and the US.

This volume provides an essential update on current thinking, practice and research into the use of restorative justice in the area of family violence. It contains contemporary empirical, theoretical and practical perspectives on the use of restorative justice for intimate partner and family violence, including sexual violence and elder abuse. Whilst raising issues relating to the implications of reporting, it provides a fresh look at victims' issues as well as providing accounts of those who have participated in restorative justice processes and who have been victims of abusive relationships. Contributions are included from a wide range of perspectives to provide a balanced approach that is not simply polemic or advocating. Rather, the book genuinely raises the issue for debate, with the advantage of bringing into the open new research which has not been widely published previously. Given its unique experience in the development of restorative justice, the book includes empirical studies relating to New Zealand, contextualized within the global situation by the inclusion of perspectives on practices in the UK, Australia and North America. This book will be key reading for people who work with violent offending of a family nature as well as for those who are interested in the study of family violence.

There is a widespread perception that even when lawyers are acting squarely within their roles, being good lawyers, they display the vices of dishonesty and deviousness. At the heart of the perception is the so called standard conception of the lawyer's role according to which lawyers owe special duties to their clients which render permissible, or even mandatory, acts that would otherwise count as morally impermissible. Many have concluded that the standard conception should be set aside. This book suggests that the moral implications of the standard conception are often mischaracterised. Critics suggest that the conception requires lawyers to secure any advantage the law can be made to give. But Dare offers a moral argument for the conception, according to which it justifies a more limited and moderate sphere of professional conduct than is normally supposed, allowing lawyers to preserve their integrity while giving proper weight to the role-differentiated permissions and obligations of their roles.

This book discusses how the plurality of legal norms operating in the European Union can be balanced to produce a functioning, sustainable and legitimate legal system. Presenting a conceptual framework for assessing and comparing transformations of national judicial systems in the context of EU membership, the book contributes to the EU legal theoretical debate on the relationship between 'authority' and 'coherence'. The author develops an original analytical framework of coherence to assess the application of EU law by national courts and uses interdisciplinary scientific methods and research design that combine legal doctrinal and social science methodology to the study of 'classical' legal questions. Providing an extensive database of 2004-2009 national judgments of national courts in Latvia and Estonia, the book offers an extensive comparative review of the jurisprudence of constitutional and supreme courts, as well as providing insight into the jurisprudence of ordinary national courts. It will appeal to legal scholars and political scientists studying courts and jurisprudence.

Following on from her previous nine books on discrimination law, Anne-Marie Mooney Cotter now focuses on the goal of child equality. Examining issues of child labour and the relevant laws which are designed to protect the most vulnerable in our society, the book explores the primary role of legislation and the judicial system and its impact on the fight for child rights and the ultimate goal of the end of inequality. The book considers the major common law countries of Australia and New Zealand, Africa and South Africa, Canada, Mexico and the United States, and the United Kingdom and Ireland, as well as the North American Free Trade Agreement and the European Union Treaty in a historical and compelling analysis of discrimination worldwide. By providing a detailed examination of child rights and the law, it will be an important read for those concerned with equality and empowering those most vulnerable to discrimination, the children.

Using her experience of living under apartheid and witnessing its downfall and the subsequent creation of new governments in South Africa, the author examines and compares gender inequality in societies undergoing political and economic transformation. By applying this process of legal transformation as a paradigm, the author applies this model to Afghanistan. These two societies serve as counterpoints through which the book engages, in a nuanced and novel way, with the many broader issues that flow from the attempts in newly democratic societies to give effect to the promise of gender equality. Developing the idea of 'conditional interdependence', the book suggests a new approach based on the communitarian values which underpin newly democratic societies and would allow women's rights to gain momentum and reap greater benefits. Broad in its thematic approach, the book generates challenging and complex questions about the achievement of gender equality. It will be of interest to academics interested in gender and human rights, international and comparative law.

This book examines the role and impact of EU, international human rights and refugee law on national laws and policies for integration and argues for a broad understanding of the relationship between integration and the law. It analyses the legal foundations of integration at the international and regional levels and examines the interaction of national, EU and international legal spheres, highlighting the significance of these dimensions of the relationship between integration and the law. The book draws together these central themes to enhance our understanding of the connections between integration and the law. It also makes specific recommendations for the development of holistic, human-rights based approaches to integration in EU Member States. The book will be of value to academics and researchers working in the areas of immigration, and refugee law, as well as those interested in cultural diversity both from a legal and sociological perspective.

Taking a cross-cultural perspective, this book explores how privatization and globalization impact contemporary feminist and social justice approaches to public responsibility. Feminist legal theorists have long problematized divisions between the private and the political, an issue with growing importance in a time when the welfare state is under threat in many parts of the world and private markets and corporations transcend national boundaries. Because vulnerability analysis emphasizes our interdependency within social institutions and the need for public responsibility for our shared vulnerability, it can highlight how neoliberal policies commodify human necessities, channeling unprofitable social relationships, such as caretaking, away from public responsibility and into the individual private family. This book uses comparative analyses to examine how these dynamics manifest across different legal cultures. By highlighting similarities and differences in legal responses to vulnerability, this book provides important insights and arguments against the privatization of social need and for a more responsive state.

Adopting a multi-disciplinary and comparative approach, this book focuses on the emerging and innovative aspects of attempts to target the accumulated assets of those engaged in criminal and terrorist activity, organized crime and corruption. It examines the 'follow-the-money' approach and explores the nature of criminal, civil and regulatory responses used to attack the financial assets of those engaged in financial crime in order to deter and disrupt future criminal activity as well as terrorism networks. With contributions from leading international academics and practitioners in the fields of law, economics, financial management, criminology, sociology and political science, the book explores law and practice in countries with significant problems and experiences, revealing new insights into these dilemmas. It also discusses the impact of the 'follow-the-money' approach on human rights while also assessing effectiveness. The book will appeal to academics and researchers of financial crime, organized crime and terrorism as well as practitioners in the police, prosecution, financial and taxation agencies, policy-makers and lawyers.

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.

Too many juvenile delinquents persist in their offending into adulthood. They constitute a major burden for individual victims, for businesses and the justice system, all contributing to the total cost of crime for society. Focusing on the transition between juvenile offending and adult crime, this book examines research based on Dutch, European and North-American studies on the persistence and discontinuity of offending between late adolescence and early adulthood. Presenting empirical studies showing why persistence or discontinuity take place, the book provides up-to-date information on preventive and remedial interventions to promote discontinuity of offending amongst young adults. From the same team who produced 'Tomorrow's Criminals', this book will be a valuable resource for criminologists, criminal justice professionals, psychologists, sociologists, and psychiatrists interested in juvenile and young adult offenders, as well as those interested in what makes career criminals and youth who reform.

This volume considers the impact that changing family norms have had on the responsibilities that the law allocates to people in family relationships. Contributions are drawn from a wide variety of jurisdictions in which scholars, lawyers, judges and policy-makers have been trying to discern what the appropriate correlation should be between the responsibilities that people undertake in family settings and the law that regulates family responsibilities. Part I looks at the changes that have occurred in adult relationships and what they have done for our sense of the family responsibilities that adults take for one another. Part II reflects on the changing nature of the parental relationship in order to reconsider the way in which changing family structures affect the responsibilities we think people raising children should have. The third part brings the rights discourse that has dominated jurisprudence for much of the last fifty years into the discussion of family transformation and the responsibilities to which it gives rise. In the final section the authors reflect on the difficulties of trying to resolve the meaning of responsibility in a world of changing families. The collection brings together some of the most eminent and imaginative scholars and judges working in this area. It will be a valuable resource for all those interested in the legal regulation of the transforming family.

Within contemporary society the themes of globalization, health and regulation interlock in complex patterns, changing in response to the mix of cultural differences, regulatory preferences and available resources. To turn the kaleidoscope and to change the mix is to change the pattern. This book is about those patterns as they arise in the contemporary legal, health and ethical context, exploring the transformations and challenges brought by technological change and the regulatory options in the contemporary global village.

This book provides a comprehensive, dispassionate empirical analysis and assessment of the discernible impact that the US has had upon the jus ad bellum in the post-Cold War era. The work focuses on the substantive areas of the jus ad bellum with which the US has most often and significantly engaged with through either its actions, justifications for actions, or adopted policies. In doing so, it draws upon the theory of interpretive communities as its framework of analysis in order to gauge any impact upon this fundamental area of international law. The Persistent Advocate and the Use of Force provides a much needed examination of one of the most controversial issues of international law in recent times whilst, on a more general level, offering a timely defence of the robustness of the jus ad bellum to the practice of powerful states.

Reading God's will and a man's Last Will as ideas that reinforce one another, this study shows the relevance of England's early modern crisis, regarding faith in the will of God, to current debates by legal academics on the theory of property and its succession. The increasing power of the dead under law in the US, the UK, and beyond-a concern of recent volumes in law and social sciences-is here addressed through a distinctive approach based on law and humanities. Vividly treating literary and biblical battles of will, the book suggests approaches to legal constitution informed by these dramas and by English legal history. This study investigates correlations between the will of God in Judeo-Christian traditions and the Last Wills of humans, especially dominant males, in cultures where these traditions have developed. It is interdisciplinary, in the sense that it engages with the limits of several fields: it is informed by humanities critical theory, especially Benjaminian historical materialism and Lacanian psychoanalysis, but refrains from detailed theoretical considerations. Dramatic narratives from the Bible, Shakespeare, and Milton are read as suggesting real possibilities for alternative inheritance (i.e., constitutional) regimes. As Jenkins shows, these texts propose ways to alleviate violence, violence both personal and political, through attention to inheritance law.

`The Prevention Society' is a definition that can otherwise be summarized as: the information society, the risk society, the surveillance society or the insecure society. This book shows the connections and differences between these explanations, whilst providing a gender reading of the ways in which social control manifests itself through precautionary measures. Today's diffuse and pervasive prevention imperative symbolizes both a self-defining doctrine and the justification for a means of repression, segregation, and exclusion. From bodies to daily life and preventative war, Pervasive Prevention investigates the effects of this imperative for social control, its connection with neo-liberal hegemonic ideology, and the centrality in its dealings with women and the feminine.

Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights, such as those of Canada and the United States - as well as cases in constitutional adjudication. It shows the worth of careful reflection on methodological and meta-theoretical issues for a comprehensive account of a present-day legal system which is fast becoming the norm. The author explicitly connects the ongoing Methodology Debate within legal philosophy to constitutional adjudication and Canadian law. By drawing out the implications of the Methodology Debate and the challenge of giving a proper account of constitutional adjudication in a general theory of law, the study examines how a descriptive, morally and politically neutral legal theory can deal with epistemic uncertainty - uncertainty about the actual status of moral-political legal provisions and their jurisprudential function - in a thoroughgoing manner. It also demonstrates the merits of a minimalist version of Legal Positivism with regard to the practical importance of charters in charter systems and societies.

In the days, months, and now years following the events of September 11th, 2001, discrimination against the Sikh community in America has escalated sharply, due in part to a populace that often confuses Sikhs, compelled by their faith to wear turbans, with the Muslim extremists responsible for the devastating terrorist attacks. Although Sikhs have since mobilized to spread awareness and condemn violence against themselves and Muslims, there has been a conspicuous absence of academic literature to aid scholars and commentators in understanding the effect of the backlash on the Sikh community. This volume provides a unique window onto this particular minority group's experience in an increasingly hostile climate, and offers a sharp analysis of the legal battles fought by Sikhs in post-9/11 America. In doing so, it adds a new chapter to the ongoing national story of the difficulties minority groups have faced in protecting their civil liberties in times of war.

Some of the most basic doctrines of property law are very old, many dating to the medieval era. How can legal rules that were born so long ago remain viable today? In Reappraisals in the Law of Property, author John V. Orth considers various topics in order to discover the forces that have been made and are continuing to remake these areas of the law. Orth proposes three forces in particular that have shaped the development of property law over time: the inertial force of tradition, the reforming power of judicial and legislative activism, and the constant challenge of academic criticism. Together, these themes form the foundation of a critical and challenging work, one that re-evaluates property law and demonstrates both its enduring consistency and the unique and often drastic ways in which it has evolved in the modern era.

There has been a rapid increase in the pace and scope of international collaborative research in developing countries in recent years. This study argues that whilst ethical regulation of biomedical research in Africa and other developing countries has attracted global attention, legal liability issues, such as the application of common law rules and the development of legally enforceable regulations, have been neglected. It examines some of the major research scandals in Africa and suggests a new ethical framework against which clinical trials could be conducted. The development of research guidelines in Uganda, Tanzania, Malawi and Nigeria are also examined as well as the role of ethics committees. Providing a detailed analysis of the law of negligence and its application to research ethics committees and their members, common law and constitutional forms of action and potential negligence claims, the book concludes by suggesting new protocols and frameworks, improved regulation and litigation. This book will be a valuable guide for students, researchers, and policy-makers with an interest in medical law and ethics, bioethics, customary law in Africa and regulation in developing countries.

In recent years, few federal requirements have been as controversial as the mandate for what critics call 'bilingual ballots'. The Voting Rights Act of 1965 included a permanent requirement for language assistance for Puerto Rican voters educated in Spanish and ten years later Congress banned English-only elections in certain covered jurisdictions, expanding the support to include Alaska Natives, American Indians, Asian-language voters and Spanish-language voters. Some commentators have condemned the language assistance provisions, underlying many of their attacks with anti-immigrant rhetoric. Although the provisions have been in effect for over three decades, until now no comprehensive study of them has been published. This book describes the evolution of the provisions, examining the evidence of educational and voting discrimination against language minorities covered by the Act. Additional chapters discuss the debate over the 2006 amendments to the Voting Rights Act, analysis of objections raised by opponents of bilingual ballots and some of the most controversial components of these requirements, including their constitutionality, cost and effectiveness. Featuring revealing case studies as well as analysis of key data, this volume makes a persuasive and much-needed case for bilingual ballots, presenting a thorough investigation of this significant and understudied area of election law and American political life.

Over the last two decades in the West, there has been a significant increase in the arrest, imprisonment and detention of migrants. The racial criminalization and victimization of migrants and Roma people has led judicial authorities, local governments, the police, mass media and the general population to perceive migrants and 'gypsies' as responsible for a wide range of offences. Taking into consideration the political and cultural conditions that affect and interconnect societies of emigration and immigration, the contributors examine and compare a range of cases in Europe and the United States. The contributions demonstrate how the persecution of the 'current enemy' is the 'total political fact' of the 21st century in that it ensures consensus and business, or what might be termed the 'crime deal' of today. This provocative book has international appeal and will be a valuable resource for academics, researchers and policymakers with an interest in migration and social and ethnic control.

Using gender and law in the political system of Jordan as a means of investigating broader issues surrounding the relationship between culture and political legitimacy, this volume offers an in-depth treatment of the laws that define, limit and expand women's rights. Arguing that gender issues aren't simply a 'special topic' in politics, but an indicator and symbol of the character of the political system as a whole, the significance of the politics of legitimacy as played out in issues of gender and law is not only about the content of policies and competition of interests, but about the power to determine the nature of the political system itself.

The Logic of Innovation examines not merely the supposed problem of the efficacy and relevance of intellectual property, and the nature of innovation and creativity in a digital environment, but also the very circumstances of that inquiry itself. Social life has itself become a sphere of production, but how might that be understood within the cultural and structural transformation of creativity, innovation and property? Through a highly original interlocutory and therapeutic approach to the issues in play, the author addresses the concepts of innovation and the digital by means of an investigation through literature and the imagination of new scenarios for language, business and legal reform. The book undertakes a complex inquiry into innovation and property through the wonder of Alice's journeys in Wonderland and through the Looking-glass. The author presents a new theory of familiar production to account for the kinship that has emerged in both informal and commercial modes of innovation, and foregrounds the value of use as crucial to the articulation of intellectual property within contemporary models of production and commercialization in the digital.

In the context of global efforts to control the production, distribution and use of narcotic drugs, China's treatment of the problem provides an important means of understanding the social, political, and economic limits of national and international policies to regulate drug practices. In the nineteenth and early twentieth centuries, China was known for its national addiction to opium, but its drug-eradication campaigns from the 1950s to the 1970s achieved unprecedented success that ultimately transformed China into a "drug-free" society. However, since the economic reforms and open-door policy of the late twentieth century, China is now facing a re-emergence of the production, use and trafficking of narcotic drugs. Employing case studies and a comparative historical approach, and drawing on a variety of data sources including historical records, official crime data only recently made available, and news reports, this book is the first English-language publication to provide such a comprehensive documentation and analysis of the nature of China's legal regulation of controlled substances. The authors also offer theoretical approaches for studying drug regulation, aspects of drug consumption cultures, the socio-political treatment of drugs during various historical periods and ongoing efforts to legislate drug trade, criminalize drug use and manage the drug addict population within national and international contexts.