This book describes the experiences of undocumented migrants, all around the world, bringing to life the challenges they face from the moment they consider leaving their country of origin, until the time they are deported back to it. Drawing on a broad array of academic studies, including law, interpretation and translation studies, border studies, human rights, communication, critical discourse analysis and sociology, Robert Barsky argues that the arrays of actions that are taken against undocumented migrants are often arbitrary, and exercised by an array of officials who can and do exercise considerable discretion, both positive and negative. Employing insights from a decade-long research project, Barsky also finds that every stop along the migrant's pathway into, and inside of, the host country is strewn with language issues, relating to intercultural communication, interpretation, gossip, hearsay, and the challenges of peddling of linguistic wares in the social discourse marketplace. These language issues are almost always impediments to anodyne or productive interactions with host country officials, particularly on the "front-lines" where migrants encounter border patrol and law enforcement officers without adequate means of communicating their situation or understanding their rights. Since undocumented people are categorized as 'illegal', they can be subjected to abuse and exploitation by host country officials, who can choose to either tolerate or punish them on the basis of unpredictable, changeable, and even illusory or "arbitrary" laws and regulations. Citing experts at every level of the undocumented immigrant apparatuses worldwide, from public defenders to interpreters, Barsky concludes that the only viable policy to address prevailing abuses and inequalities is to move towards open borders, an approach that would address prevailing issues and, surprisingly, provide security and economic benefits to both host and home countries.

This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.

The role of religion as a contentious and motivating force in society is examined here through the lens of the church-state dynamic in countries with three very different approaches to this crucial relationship. Focusing on the United Kingdom, where there is official recognition of one religion by the state, the United States, where law imposes a separatism between religion and the state and Germany, where there is cooperation between the church and state, this book compares these three models. It describes the components of each model, illustrates their operation and uses case law to examine what each model might learn from the other. Controversial and timely issues such as the refusal of medical treatment on religious grounds, the wearing of Islamic headscarves and ritual animal slaughter are discussed with new insight, providing a comprehensive review of varied approaches to law, government and religious freedom.

The arts - spanning the visual, design, performing, media, musical, and literary genres - constitute an alternative lens through which to understand state-sanctioned punishment and its place in public consciousness. Perhaps this is especially so in the case of imprisonment: its nature, its functions, and the ways in which these register in public perceptions and desires, have historically and to some extent inherently been intertwined with the arts. But the products of this intertwinement have by no means been constant or uniform. Indeed, just as exploring imprisonment and its public meanings through the lens of the arts may reveal hitherto obscured instances of social control within or outside prisons, so too it may uncover a rich and possibly inspirational archive of resistance to them. This edited collection sheds light both on state use of the arts for the purposes of controlling prisoners and the broader public, and the use made of the arts by prisoners and portions of the broader public as tools of resistance to penal states. The book also includes a number of chapters that address arts-in-prisons programmes, making distinctive contributions to the literature on their philosophy, formation, operation, effectiveness, and research evaluation, as well as taking care to explore the politics surrounding and underpinning these multiple themes.

This book examines how contemporary migrants form and transform their involvement with the law in their host countries and which factors influence this relationship. It suggests a more comprehensive insight into the socio-legal integration of migrants by analysing the interplay between the new legal environment and migrants' existing culturally-derived values, attitudes, behaviour and social expectations towards law and law enforcement. Acknowledging the superdiversity of migration as a global issue, the book uses the case study of Polish post-2004 EU Enlargement migrants to examine values and attitudes to the rules that govern their work and residence in the UK and to the legal system in general. With wider international relevance than just Poland and the UK, this book makes a case for the meaningful employment of legal culture in socio-legal integration research and suggests far-reaching consequences for host countries and their immigrant communities.

This book approaches law as a process embedded in transnational personal, religious, communicative and economic relationships that mediate between international, national and local practices, norms and values. It uses the concept "living law" to describe the multiplicity of norms manifest in transnational moral, social or economic practices that transgress the territorial and legal boundaries of the nation-state. Focusing on transnational legal encounters located in family life, diasporic religious institutions and media events in countries like Norway, Sweden, Britain and Scotland, it demonstrates the multiple challenges that accelerated mobility and increased cultural and normative diversity is posing for Northern European law. For in this part of the world, as elsewhere, national law is challenged by a mixture of expanding human rights obligations and unprecedented cultural and normative pluralism enhanced by expanding global communication and market relations. As a consequence, transnationalization of law appears to create homogeneity, fragmentation and ambiguity, expanding space for some actors while silencing others. Through the lens of a variety of important contemporary subjects, the authors thus engage with the nature of power and how it is accommodated, ignored or resisted by various actors when transnational practices encounter national and local law.

This book draws on a wide selection of interdisciplinary literature discussing complex adaptive systems - including scholarship from economics, political science, evolutionary biology, cognitive science, and religion - to apply general complexity tenets to the institutions, conceptual framework, and theoretical justifications of the copyright system, both in the United States and internationally. The author argues that copyrighted works are the products of complex creative systems and, consequently, designers of copyright regimes for the global 'information ecosystem' should look to complexity theory for guidance. Urging legal scholars to undertake empirical studies of real-world copyright systems, Tussey reveals how the selection of workable configurations for the copyright regime is larger than that encompassed by the traditional, entirely theoretical, debate between private property rights and the commons. Finally, this unique study articulates how copyright law must tolerate certain chaotic elements that may be essential to the sustainability of complex systems.

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.

This volume examines the legal status of religion in education, both public and non-public, in the United States and seven other nations. It will stimulate further interest, research, and debate on comparative analyses on the role of religion in schools at a time when the place of religion is of vital interest in most parts of the world. This interdisciplinary volume includes chapters by leading academicians and is designed to serve as a resource for researchers and educational practitioners, providing readers with an enhanced awareness of strategies for addressing the role of religion in rapidly diversifying educational settings. There is currently a paucity of books devoted solely to the topic written for interdisciplinary and international audiences involving educators and lawyers, and this book will clarify the legal complexities and technical language among the law, education, and religion.

The contributions in this volume pay homage to Zenon BaA"kowski, with a focus on problems concerning law's normalization and the revitalizing force of anxiety. Ranging from political critique to methodological issues and from the role of human rights in development to the role of parables and analogy in legal reasoning, the contributions themselves are testament to the richness of BaA"kowski's scholarship, as well as to the applicability of his core ideas to a wide range of issues. Divided into five parts, the book focuses on the role and methods of the jurist; conceptions of legality and the experience of living under rules; jurisprudential issues affecting exchange and the market; and the burden and methods of legal judgement. It also includes BaA"kowski's 2011 valedictory lecture and a bibliography of his work. Comprising all original contributions, the contributors represent a balance of established, leading figures and younger, emerging scholars in the field of legal and social theory.

Considering the steady increase in intellectual property rights in the last century, does it make sense to speak of 'user's rights' and can limitations on intellectual liberty be justified from a rights-based perspective? This book philosophically defends the importance of the public domain and user's rights through the use of natural-rights thought. Utilizing primarily the work of John Locke, it contends that considerations of natural justice and human freedom impose powerful constraints on the proper reach and substance of intellectual property rights, especially copyright. It investigates both the internal and external natural-rights constraints on intellectual property, and argues in particular for the importance to human freedom of the right to intellectual liberty - the right to inform one's actions by learning about the world. It concludes that respect for fundamental freedom-based interests require a balanced approach to the scope, strength and duration of intellectual property rights.

This book describes and analyses the notion of Mahr, the Muslim custom whereby the groom has to give a gift to the bride in consideration of the marriage. It explores how Western courts, specifically in Canada, the United States, France, and Germany, have approached and interpreted Mahr. Although the outcomes of the cases provide an illustrative framework for the book, the focus is broader than simply the adjudicative endeavours. The work explores the concept of liberalism, which purportedly champions individuals and individual choice concurrently with freedom and equality. Tensions between and among these concepts, however, inevitably arise. The acknowledgment and exploration of these intertwined tensions forms an important underpinning for the book. Through the analysis of case law from these four countries, this study suggests that transplanting Mahr from Islamic law into a Western courtroom cannot be undone: it immediately becomes rooted in the countries' legal, historical, political, and social backgrounds and flourishes (or fails) in diverse and unexpected ways. Rather than being the concept described by classical Islamic jurists, Mahr is interpreted according to wildly varied legal constructs and concepts such as multiculturalism, fairness, public policy, and gender equality. Moreover, Islamic law travels with a multiplicity of voices, and it is this complex hybridity (a fragmented and disjointed Mahr) which will be mediated through Western law. Returning to the overarching concept of liberalism, the book proposes that distributive consequences rather than recognition occupy central place in the evaluation of the legal options available to Muslim women upon divorce.

What are the requirements for a just response to criminal wrongdoing? Drawing on comparative and empirical analysis of existing models of global practice, this book offers an approach aimed at restricting the current limitations of criminal justice process and addressing the current deficiencies. Putting restoration squarely alongside other aims of justice responses, the author argues that only when restorative questions are taken into account can institutional responses be truly said to be just. Using the three primary jurisdictions of Australia, New Zealand and Canada, the book presents the leading examples of restorative justice practices incorporated in mainstream criminal justice systems from around the world. In conclusion, the work provides a fresh insight into how today's criminal law might develop in order to bring restoration directly into the mix for tomorrow. This book will be of interest to undergraduates, postgraduate researchers and lecturers, as well as lawyers who work in the field of criminal law, criminologists, social scientists and philosophers interested in ideas of wrongdoing and criminal justice responses to criminal offending.

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.

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.

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.

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.

In the post-2001 context of economic and political conflict, this book presents a timely and detailed examination of the role of the criminal law in the protection of the existing order from political dissent and destabilization. It reviews offences such as rebellion, treason, mutiny, espionage, sedition, terrorism, riot and unlawful assembly in the UK, US, Canada and Australia from a comparative perspective and investigates leading cases in their historical and political contexts. Also examining the impact on human rights and civil liberties, this book covers a neglected area of English-derived law and will encourage debate about crimes against states and governments.

`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.

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.

This volume addresses the contentious and topical issue of aboriginal self-government over child welfare. Using case studies from Australia and Canada, it discusses aboriginal child welfare in historical and comparative perspectives and critically examines recent legal reforms and changes in the design, management and delivery of child welfare services aimed at securing the 'decolonization' of aboriginal children and families. Within this context, the author identifies the limitations of reconciling the conflicting demands of self-determination and sovereignty and suggests that international law can provide more nuanced and culturally sensitive solutions. Referring to the UN Declaration on the Rights of Indigenous Peoples, and the UN Convention on the Rights of the Child, it is argued that the effective decolonization of aboriginal child welfare requires a journey well beyond the single issue of child welfare to the heart of the debate over self-government, self-determination and sovereignty in both national and international law.

Peace-building in a number of contemporary contexts involves fragile states, influential customary systems and histories of land conflict arising from mass population displacement. This book is a timely response to the increased international focus on peace-building problems arising from population displacement and post-conflict state fragility. It considers the relationship between property and resilient customary systems in conflict-affected East Timor. The chapters include micro-studies of customary land and population displacement during the periods of Portuguese colonization and Indonesian military occupation. There is also analysis of the development of laws relating to customary land in independent East Timor (Timor Leste). The book fills a gap in socio-legal literature on property, custom and peace-building and is of interest to property scholars, anthropologists, and academics and practitioners in the emerging field of peace and conflict studies.

The globalization process has foregrounded ethnic discrimination as an increasingly important area of law around the world. Allowing a better understanding of the issue of ethnic discrimination and inequality, this book offers a comparative analysis of legislation impacting ethnic equality in various Anglophone countries. It demonstrates that it is possible to achieve equality at both national and international levels. A compelling historical analysis of the North American Free Trade Agreement and the European Union Treaty is provided together with a detailed examination of diversity and the law. The book will interest practitioners and others interested in ethnic legal issues.

This book is concerned with how we can make sense of the confusing landscape of individualistic explanation in international law. Arguing that international law lacks the vocabulary to deal with the collective dimension and therefore perpetuates an individualistic vocabulary, the book develops and articulates a more appropriate collective approach for public international law. In doing so, it reframes longstanding problems such as the conflict between self-determination and the integrity of states and the effects and the limits of state sovereignty in an increasingly globalized world. Presenting fresh perspectives on a range of contemporary issues in international law, the book draws on the work of major contributors to legal and political theory.

Marriage migration is a controversial and problematic issue in the UK as elsewhere in Europe. This timely analysis is a comprehensive examination of the regulation of marriage migration into the UK. With international relevance, the book uses the analysis to examine the relationship between government priorities and the dynamics of transnational family life. The book is one of the first to scrutinise the control of UK marriage migration after 1997 and explores the dilemmas faced by the post-1997 government in managing this form of migration in a changed domestic and international environment. Using high-quality sources from across the political spectrum, it analyses regulatory decisions made by government, the judiciary and the visa service, and suggests that there is an unofficial and unarticulated hierarchy predicated on assumptions and beliefs about acceptable marriages. Finally, the book establishes a principled basis for the future regulation of marriage migration.