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Books > Law > Jurisprudence & general issues

Dignity, Mental Health and Human Rights - Coercion and the Law (Paperback): Brendan D. Kelly Dignity, Mental Health and Human Rights - Coercion and the Law (Paperback)
Brendan D. Kelly
R1,472 Discovery Miles 14 720 Ships in 12 - 17 working days

This book explores the human rights consequences of recent and ongoing revisions of mental health legislation in England and Ireland. Presenting a critical discussion of the World Health Organization's 'Checklist on Mental Health Legislation' from its Resource Book on Mental Health, Human Rights and Legislation, the author uses this checklist as a frame-work for analysis to examine the extent to which mental health legislation complies with the WHO human rights standards. The author also examines recent case-law from the European Court of Human Rights, and looks in depth at the implications of the United Nations Convention on the Rights of Persons with Disabilities for mental health law in England and Ireland. Focusing on dignity, human rights and mental health law, the work sets out to determine to what extent, if any, human rights concerns have influenced recent revisions of mental health legislation, and to what extent recent developments in mental health law have assisted in protecting and promoting the human rights of the mentally ill. The author seeks to articulate better, clearer and more connected ways to protect and promote the rights of the mentally ill though both law and policy.

Amnesties, Pardons and Transitional Justice - Spain's Pact of Forgetting (Hardcover): Roldan Jimeno Amnesties, Pardons and Transitional Justice - Spain's Pact of Forgetting (Hardcover)
Roldan Jimeno
R3,923 Discovery Miles 39 230 Ships in 12 - 17 working days

In a consolidated democracy, amnesties and pardons do not sit well with equality and a separation of powers; however, these measures have proved useful in extreme circumstances, such as transitions from dictatorships to democracies, as has occurred in Greece, Portugal and Spain. Focusing on Spain, this book analyses the country's transition, from the antecedents from 1936 up to the present, within a comparative European context. The amnesties granted in Greece, Portugal and Spain saw the release of political prisoners, but in Spain amnesty was also granted to those responsible for the grave violations of human rights which had been committed for 40 years. The first two decades of the democracy saw copious normative measures that sought to equate the rights of all those who had benefitted from the amnesty and who had suffered or had been damaged by the civil war. But, beyond the material benefits that accompanied it, this amnesty led to a sort of wilful amnesia which forbade questioning the legacy of Francoism. In this respect, Spain offers a useful lesson insofar as support for a blanket amnesty - rather than the use of other solutions within a transitional justice framework, such as purges, mechanisms to bring the dictatorship to trial for crimes against humanity, or truth commissions - can be traced to a relative weakness of democracy, and a society characterised by the fear of a return to political violence. This lesson, moreover, is framed here against the background of the evolution of amnesties throughout the twentieth century, and in the context of international law. Crucially, then, this analysis of what is now a global reference point for comparative studies of amnesties, provides new insights into the complex relationship between democracy and the varying mechanisms of transitional justice.

The Enigma of Social Harm - The Problem of Liberalism (Paperback): Thomas Raymen The Enigma of Social Harm - The Problem of Liberalism (Paperback)
Thomas Raymen
R674 Discovery Miles 6 740 Ships in 9 - 15 working days

1. The concept of social harm is gaining in ground in Criminology as an alternative way of reconceptualizing crime within a wider context. This book offers a major intervention in taking stock of the field and suggesting ways forward. 2. This book would certainly be used as supplementary reading across a number of courses in criminological and social theory, as well as upper level courses on social problems and advanced criminological theory. 3. This book is multi-disciplinary, moving beyond criminology to consider liberal political economic theory and moral philosophy.

The Australian Policy Handbook - A Practical Guide to the Policymaking Process (Paperback, 7th edition): Catherine Althaus,... The Australian Policy Handbook - A Practical Guide to the Policymaking Process (Paperback, 7th edition)
Catherine Althaus, Sarah Ball, Peter Bridgman, Glyn Davis, David Threlfall
R1,133 Discovery Miles 11 330 Ships in 9 - 15 working days

The seventh edition of this classic handbook on the policy process is fully updated, featuring new material on policy making amid local and global disruption, the contestable nature of modern policy advice, commissioning and contracting, public engagement and policy success and failure. The Australian Policy Handbook shows how public policy permeates every aspect of our lives. It is the stuff of government, justifying taxes, driving legislation and shaping our social services. Public policy gives us roads, railways and airports, emergency services, justice, education and health services, defence, industry development and natural resource management. While politicians make the decisions, public servants provide analysis and support for those choices. This updated edition includes new visuals and introduces a series of case studies for the first time. These cases-covering family violence, behavioural economics, justice reinvestment, child protection and more-illustrate the personal and professional challenges of policymaking practice. Drawing on their extensive practical and academic experience, the authors outline the processes used in making public policy. They systematically explain the relationships between political decision makers, public service advisers, community participants and those charged with implementation. The Australian Policy Handbook remains the essential guide for students and practitioners of policy making in Australia.

Radical Constitutional Pluralism in Europe (Paperback): Orlando Scarcello Radical Constitutional Pluralism in Europe (Paperback)
Orlando Scarcello
R1,120 Discovery Miles 11 200 Ships in 9 - 15 working days

This book explains the challenge of constitutional pluralism and its importance, showing its theoretical and practical relevance, and giving a sense of why the existing scholarship on the matter is unsatisfactory. The work explores how legal practitioners and theorists have faced the challenge of a society living under two constitutions at the same time. This comes as the European Union, which legally and politically integrates Europe and seems to challenge the view that no State can simultaneously abide by both the venerable national constitutions and the ever-developing EU constitutional law, is increasingly torn between calls for closer integration to face collective challenges and mounting Euroscepticism and nationalism. This work employs a strongly pluralist perspective and a comparative methodology, and looks at constitutional crises outside the EU to ground the claim that pluralism and conflicts are essential elements of modern constitutions. It shows how the challenge of constitutional pluralism depends on a mistaken interpretation of positivist theory and how the latter, reinterpreted in a manner close to legal realism, has the resources to explain pluralism. Finally, the book addresses the issue of constitutional conflicts within the EU: it examines in detail recent cases of open disobedience to EU law by national courts and distinguishes physiological conflict from constitutional pathology. This work will be of particular interest to students and academics in Law and Political Science. It will also be compelling reading for scholars in general jurisprudence, EU law, constitutional and comparative constitutional law, and the history of European integration.

Transitional Justice and Memory in Cambodia - Beyond the Extraordinary Chambers (Hardcover): Peter Manning Transitional Justice and Memory in Cambodia - Beyond the Extraordinary Chambers (Hardcover)
Peter Manning
R4,344 Discovery Miles 43 440 Ships in 12 - 17 working days

Memories of violence, suffering and atrocities in Cambodia are today being pulled in different directions. A range of transitional justice practices have been put to work in the name of redressing, restoring and renewing memory. At the centre of this stage is the Extraordinary Chambers in the Courts of Cambodia (ECCC), a hybrid tribunal established to prosecute the leaders of the Khmer Rouge regime, under which 1.6 million Cambodians died of hunger or disease or were executed. This book unpicks the way memory is reconstructed through appeals to a national memory, the legal reframing and coding of memories as crimes, and bids to locate personal memories within collective biographies. Analysing the techniques and interventions of the ECCC, as well as exploring the role of non-governmental organisations (NGOs), the book explores the relationships in which Cambodian communities navigate memories of political violence. This book is essential for understanding transitional justice in Cambodia in, and beyond, the courtroom. Transitional Justice and Memory in Cambodia shows that the governing logic of transitional justice interventions - that societies are unable to 'deal with' memories of atrocity and violence without some form of transitional justice mechanism - neglects the complexity of memory and remembering in post-atrocity contexts and the agency of the subjects to which such mechanisms are addressed. Drawing on documentary sources, legal transcripts, interviews and participant observation data, the book situates transitional justice processes in Cambodia within a wider context of social and cultural memory politics, examining (old and new) conflicts of memory that have emerged between the varied accounts and uses of the past that exist in Cambodia now. As such, it will appeal to students and scholars in sociology, human rights, law and criminology.

Power, Procedure, Participation and Legitimacy in Global Sustainability Norms - A Theory of Collaborative Regulation... Power, Procedure, Participation and Legitimacy in Global Sustainability Norms - A Theory of Collaborative Regulation (Hardcover)
Karin Buhmann
R3,917 Discovery Miles 39 170 Ships in 12 - 17 working days

Globalisation of the market, law and politics contributes to a diversity of transnational sustainability problems whose solutions exceed the territorial jurisdictional limits of nation states in which their effects are generated or occur. The rise of the business sector as a powerful global actor with a claim to participation and potential contributions as well as adverse impacts sustainability complicates the regulatory challenge. Recent decades' efforts to govern transitions towards sustainability through public or hybrid regulation display mixed records of support and results. In combination, these issues highlight the need for insights on what conditions multi-stakeholder regulation for a process that balances stakeholder power and delivers results perceived as legitimate by participants and broader society. This book responds to that need. Based on empirical experience on public-private regulation of global sustainability concerns and theoretical perspectives on transnational regulation, the book proposes a new theory on collaborative regulation. This theory sets out a procedural approach for multi-stakeholder regulation of global sustainability issues in a global legal and political order to provide for legitimacy of process and results. It takes account of the claims to participation of the private sector as well as civil society organisations and the need to balance power disparities.

Solution Protocols to Festering Island Disputes - 'Win-Win' Solutions for the Diaoyu / Senkaku Islands (Hardcover):... Solution Protocols to Festering Island Disputes - 'Win-Win' Solutions for the Diaoyu / Senkaku Islands (Hardcover)
Godfrey Baldacchino
R3,906 Discovery Miles 39 060 Ships in 12 - 17 working days

Since the coming into force of the United Nations Law of the Sea, states have been targeting outlying islands to expand their exclusive economic zones, simultaneously stirring up strident nationalism when such plans clash with those of neighbouring states. No such actions have brought the world closer to the brink of war than the ongoing face-off between China and Japan over the Diaoyu/Senkaku islands, an uninhabited archipelago in the East China Sea. In this timely and original book, Godfrey Baldacchino provides a detailed exploration of seven tried and tested solution protocols that have led to innovative 'win-win' solutions to island disputes over the last four centuries. A closer look at the circumstances and processes that brought contending regional powers to an honourable, even mutually advantageous, settlement over islands provides a convincing and original argument as to why the conflict over the Diaoyu/Senkaku islands need not conclude in a 'zero-sum' or 'winner takes all' solution, as is the likely outcome of both open conflict and international arbitration. The book will be of interest to scholars and practitioners concerned with the festering Diaoyu/Senkaku dispute, as well as students, scholars and policy specialists in geography, geopolitics, international relations, conflict studies, island studies, Asian studies and history.

Arts in Corrections - Thirty Years of Annotated Publications (Hardcover): Grady Hillman Arts in Corrections - Thirty Years of Annotated Publications (Hardcover)
Grady Hillman
R3,554 Discovery Miles 35 540 Ships in 9 - 15 working days

In Arts in Corrections, the author-a poet, translator and teacher-takes readers on a chronological journey through an annotated selection of 24 of his own publications from 1981 to 2014 which recount his experiences teaching, consulting and documenting US arts programs in prisons, jails and juvenile facilities. Anyone interested in corrections and arts-in-corrections will be drawn in by the poetic sensibility Hillman brings to his writing. Readers will gain a historical and personal perspective not only into correctional arts programming in the US over the last 40 years, but also the institutional transformations in policy, culture, populations, economics, and the criminological mission expansion into other institutional settings like K-12 education. Original essays, articles, monographs and poems are interspersed with recent annotations to deliver not only a top-down view of the correctional system but also the author's personal journey of "discouragement and hope" from work conducted in approximately 200 adult and juvenile facilities in 30 states and six countries. This comprehensive book is essential reading for a broad cross-section of international readers interested in and involved in the arts-in-corrections field. With two million individuals behind bars in the US at any given time, the profile of arts programs in prisons and jails is rising and interest in criminal-justice matters more generally is increasing. This includes not only arts-in-corrections professionals, policy makers, students, researchers, advocates and academics, but professionals in multiple other fields as well as the general public.

An Economic Sociology of Law Reimagined - Beyond Embeddedness (Paperback): Clare Williams An Economic Sociology of Law Reimagined - Beyond Embeddedness (Paperback)
Clare Williams
R1,124 Discovery Miles 11 240 Ships in 9 - 15 working days

Critical examination of the concept of 'embeddedness', the core concept of an Economic Sociology of Law. Combines insights from law, sociology, economics, and psychology. Ground-breaking study into the prioritization throughout society of interests and voices that align with doctrinal understandings of law and neoclassical understandings of economics. Will appeal to socio-legal scholars and others with interests in the intersection of law, economics and sociology.

Reforming Law and Economy for a Sustainable Earth - Critical Thought for Turbulent Times (Paperback): Paul Anderson Reforming Law and Economy for a Sustainable Earth - Critical Thought for Turbulent Times (Paperback)
Paul Anderson
R1,247 Discovery Miles 12 470 Ships in 12 - 17 working days

Few concerns preoccupy contemporary progressive thought as much as the issue of how to achieve a sustainable human society. The problems impeding this goal include those of how to arrest induced global environmental change (GEC), persistent disagreements about the contribution of economic activities to GEC and further differences in views on how these activities can be reformed in order to reduce the rate of change and thus to mitigate threats to much life on Earth. Reforming Law and Economy for a Sustainable Earth aims to help resolve these problems in two ways. Since addressing GEC will require global coordination, the book first clarifies the conditions necessary to achieve this effectively. Paul Anderson explores these conditions with the aid of a sustained analysis of key concepts in influential disciplines, particularly in social and political theory and law, relating to the transition to a sustainable economy. Second, Anderson tackles the problem of how to arrest GEC by incisively evaluating two leading theoretical positions in terms of their capacity to support the conditions required for effective global coordination. From this basis, the book offers an extensive critique of the idea that global environmental problems can be solved within the framework of global capitalism. It also critically reviews and advances the proposition that global sustainability can be achieved only by changing the capitalist form of organizing the economy. Enriched by a genuinely interdisciplinary approach, the originality of Reforming Law and Economy for a Sustainable Earth lies in the manner it combines a rigorous analysis of the requirements for global sustainability with decisive conclusions as to what are, and what are not, viable means of fulfilling those requirements. The book advances research on sustainability within key disciplines, among them political theory, law and social science, by offering a timely and insightful statement about the global environmental predicament in the 21st century.

Regulating Charities - The Inside Story (Hardcover): Myles McGregor-Lowndes, Bob Wyatt Regulating Charities - The Inside Story (Hardcover)
Myles McGregor-Lowndes, Bob Wyatt
R4,356 Discovery Miles 43 560 Ships in 12 - 17 working days

In this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider's review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a 'warts and all' analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.

Law in a Time of Crisis (Paperback, Main): Jonathan Sumption Law in a Time of Crisis (Paperback, Main)
Jonathan Sumption
R284 R269 Discovery Miles 2 690 Save R15 (5%) Ships in 12 - 17 working days

'Thoughtful, stimulating and even entertaining ... Lord Sumption's opinion is always worth listening to, even - or especially - if one disagrees with it.' Daily Telegraph 'Time spent on Law in a Time of Crisis is time spent in the company of a brilliant mind considering interesting things' The Times Brexit, the independence referendum, the pandemic: the UK is a country in crisis. And, in crises, we turn to the law to set the boundaries of what the government can and should do. However, in a country with no written constitution, what sounds like a simple proposition is in fact anything but. Based on his 2019 Reith lectures, former Supreme Court Judge Jonathan Sumption asks: what are the limits of law in politics? Is not having a constitution a hindrance or help in times of crisis? From referenda to the rise of nationalisms, Law in a Time of Crisis exposes the uses and abuses of legal intervention in British crises - past, present, and potential.

Beyond Legal Reasoning: a Critique of Pure Lawyering (Hardcover): Jeffrey Lipshaw Beyond Legal Reasoning: a Critique of Pure Lawyering (Hardcover)
Jeffrey Lipshaw
R3,905 Discovery Miles 39 050 Ships in 12 - 17 working days

The concept of learning to 'think like a lawyer' is one of the cornerstones of legal education in the United States and beyond. In this book, Jeffrey Lipshaw provides a critique of the traditional views of 'thinking like a lawyer' or 'pure lawyering' aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing on his extensive experience at the intersection of real world law and business issues, Professor Lipshaw presents a sophisticated philosophical argument that the "pure lawyering" of traditional legal education is agnostic to either truth or moral value of outcomes. He demonstrates pure lawyering's potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors. This book offers an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book will be of great interest to scholars of legal education, legal language and reasoning as well as professors who teach both doctrine and thinking and writing skills in the first year law school curriculum; and for anyone who is interested in seeking a perspective on 'thinking like a lawyer' beyond the litigation arena.

Wealth and Poverty in Close Personal Relationships - Money Matters (Hardcover): Susan Millns, Simone Wong Wealth and Poverty in Close Personal Relationships - Money Matters (Hardcover)
Susan Millns, Simone Wong
R3,913 Discovery Miles 39 130 Ships in 12 - 17 working days

At a time of global and domestic economic crisis, the financial aspects of domestic and familial relationships are more important and more strained than ever before. The focus of this book is on the distribution of wealth and poverty in traditional and non-traditional familial relationships. The volume takes an interdisciplinary approach to explore the way in which money matters are structured and governed within close personal relationships and the extent to which they have an impact on the nature and economic dynamics of relationships. As such, the key areas of investigation are the extent to which participation in the labour market, unpaid caregiving, inheritance, pensions and welfare reform have an impact on familial relationships. The authors also explore governmental and legal responses by investigating the privileging of certain types of domestic relationships, through fiscal and non-fiscal measures, and the differential provision on relationship breakdown. The impact of budget and welfare cuts is also examined for their effect on equality in domestic relationships.

Islamic Law and Society in Iran - A Social History of Qajar Tehran (Hardcover): Nobuaki Kondo Islamic Law and Society in Iran - A Social History of Qajar Tehran (Hardcover)
Nobuaki Kondo
R3,915 Discovery Miles 39 150 Ships in 12 - 17 working days

The relationship between Islamic law and society is an important issue in Iran under the Islamic Republic. Although Islamic law was a pivotal element in the traditional Iranian society, no comprehensive research has been made until today. This is because modern reformers emphasized the lack of rule of law in nineteenth-century Iran. However, a legal system did exist, and Islamic law was a substantial part of it. This is the first book on the relationship between Islamic law and the Iranian society during the nineteenth century. The author explores the legal aspects of urban society in Iran and provides the social context in which political process occurred and examines how authorities applied law in society, how people utilized the law, and how the law regulated society. Based on rich archival sources including court records and private deeds from Qajar Tehran, this book explores how Islamic law functioned in Iranian society. The judicial system, sharia court, and religious endowments (vaqf) are fully discussed, and the role of 'ulama as legal experts is highlighted throughout the book. It challenges nationalist and modernist views on nineteenth-century Iran and provides a unique model in terms of the relationship between Islamic law and society, which is rather different from the Ottoman case. Providing an understanding of this legal system in Iran and its role in society, this book offers a basis for assessing the motives and results of modern reforms as well as the modernist discourse. This book will be of interest to students of Middle Eastern and Iranian Studies.

Charity with Chinese Characteristics - Chinese Charitable Foundations between the Party-state and Society (Hardcover): Katja... Charity with Chinese Characteristics - Chinese Charitable Foundations between the Party-state and Society (Hardcover)
Katja Levy, Knut B. Pissler
R3,296 Discovery Miles 32 960 Ships in 12 - 17 working days

This thought-provoking book explores the functions of charitable foundations in the People's Republic of China. Using both empirical fieldwork and extensive textual analysis, it examines the role of foundations in Chinese society and their relationship with the Chinese government. Taking an interdisciplinary approach, Katja Levy and Knut Benjamin Pissler offer a comprehensive overview of the contemporary legal and political frameworks within which Chinese charitable foundations operate, as well as an assessment of their historical and traditional contexts. They re-evaluate the existing literature on China's civil society, and provide a new, functional perspective on the role of foundations, complementing mainstream civil society and corporatist perspectives. This incisive book will be invaluable reading for scholars researching the third sector in China, as well as practitioners working in this sector. Scholars and students of contemporary Chinese law, politics and society will also find its insights useful.

Effective Communication for Lawyers - A Practical Guide (Hardcover): David Cowan Effective Communication for Lawyers - A Practical Guide (Hardcover)
David Cowan
R2,295 R2,074 Discovery Miles 20 740 Save R221 (10%) Ships in 9 - 15 working days

Effective Communication for Lawyers is an essential guide to communicating in the radically and rapidly changing environment of professional law today. The book offers a deep dive into understanding communication as behaviour, as well as practical tools and insights. It connects theory to practice in order to improve client communication, support the current transformation of legal work and prepare readers for future developments and disruptions in the legal profession. Key Features: Introduces 'The Dialogue Box' and explains how to use this foundational communication tool in everyday legal work Provides a solid grounding in the theoretical context and expands the horizons of the relationship between law and communication Offers the reader a clear understanding of why they are communicating and enables effective use of various channels, tools and skills of communication This book will be crucial reading for all practising lawyers, as well as arbitrators, mediators and negotiators. It will also be helpful for law students looking to develop their communication skills ahead of going into practice.

Hannah Arendt - Legal Theory and the Eichmann Trial (Hardcover): Peter Burdon Hannah Arendt - Legal Theory and the Eichmann Trial (Hardcover)
Peter Burdon
R3,904 Discovery Miles 39 040 Ships in 12 - 17 working days

Hannah Arendt is one of the great outsiders of twentieth-century political philosophy. After reporting on the trial of Nazi war criminal Adolf Eichmann, Arendt embarked on a series of reflections about how to make judgments and exercise responsibility without recourse to existing law, especially when existing law is judged as immoral. This book uses Hannah Arendt's text Eichmann in Jerusalem to examine major themes in legal theory, including the nature of law, legal authority, the duty of citizens, the nexus between morality and law and political action.

Security Ethics (Hardcover, New Ed): Katerina Hadjimatheou, Tom Sorell, John Guelke Security Ethics (Hardcover, New Ed)
Katerina Hadjimatheou, Tom Sorell, John Guelke
R5,714 Discovery Miles 57 140 Ships in 12 - 17 working days

Governments often act in the name of security to protect their citizenries. For example by legislation or by the recruitment and employment of large numbers of armed personnel to detect and prosecute violent crime, or via engagements in military interventions to repel or pre-empt foreign attacks. These practices are often taken to have strong moral justifications. The value of security is linked to the value of life and the disvalue of violence and injury, and all of these are central both to theoretical accounts of and common sense views about the difference between right and wrong. The essays in this volume seek to increase our understanding of state action in the name of security and take a range of viewpoints and approaches. Some articles attempt to delimit the concept of security, or dispute attempted delimitations; some consider security as a 'good' and ask what sort of good it is, and how valuable; whilst others consider the relation between state action in the name of security and state action in the name of other goods, notably liberty, or consider ethical issues in health security, climate security and cybersecurity. Overall, this collection of essays shows how appeals by governments to the value of security have grown out of relatively recent events and processes at a global level, such as the response to pandemics, the acceleration of climate change, and counter-terrorism. The volume features an introductory essay and forms part of a five-volume series on legal ethics and the enforcement of law.

Comparative Law as Critique (Paperback): Gunter Frankenberg Comparative Law as Critique (Paperback)
Gunter Frankenberg
R1,094 Discovery Miles 10 940 Ships in 12 - 17 working days

'A leading figure in critical legal studies and renowned scholar of comparative constitutionalism, Frankenberg urges us forward, offering a new taxonomy for critical work. He illustrates its potential in terrific chapters on recent transnational legal movements: to regulate the veil, provide access to justice and reinvigorate human rights as a language of justification. A methodological tour de force.' - David Kennedy, Harvard University 'One of the most courageous and intellectually earnest legal scholars of our time, Gunter Frankenberg, has devoted his efforts to reconstructing comparative law's internal strength and potential for critical analysis. This book is a masterpiece that should be read by every serious thinker concerned with the need for legal reforms and the politics of globalization.' - Pier Giuseppe Monateri, University of Turin, Italy Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Gunter Frankenberg discusses not only methods and theories but also the ethical implications and the politics of comparative law in order to bring out the different dimensions of the discipline. Comparative Law as Critique offers various approaches that turn on the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also analyses how courts negotiate differences between cases regarding Muslim veiling. Gunter Frankenberg presents varied critical projects that discuss methods and theories, ethics and the politics of comparative law to bring out the different dimensions of the discipline. The incisive critiques and comparisons in this book will make essential reading for comparatists working in legal education and research as well as students of comparative law and scholars in comparative anthropology and social sciences.

The Real Rock Follies - The Great Girl Band Rip-Off of 1976 (Paperback): Annabel Leventon The Real Rock Follies - The Great Girl Band Rip-Off of 1976 (Paperback)
Annabel Leventon
R318 R252 Discovery Miles 2 520 Save R66 (21%) Ships in 12 - 17 working days

October 21, 1982. Three singers stand on the steps of the High Court with large cheques and broken dreams. The women are Annie (Annabel Leventon, the book's author), GB (Gaye Brown), and Di-Di (Diane Langton). Their dream was of a British three-woman rock band, unique and different from anything that had gone before. They called themselves Rock Bottom. They were raunchy, rude and hilarious - the contemporary media described them as 'a cross between the female Rolling Stones and the female Marx Brothers' - and they nearly made it. Until Thames Television stole everything and made a major award-winning series called Rock Follies, about them, based on them, but without them. It made stars of the three lookalikes playing them. And they lost everything. A common enough tale of showbiz betrayal. Except that they fought back. At the offset of the Court trial, the Head of Drama at Thames TV sarcastically quipped, 'three little actresses against the might of EMI?' Forget it, the three ladies were told. Move on. They didn't. They took the case to the High Court and won. Breach of Confidence is now on the Statute Books and it has become one of the defining cases in Intellectual Property. The Real Rock Follies is a real-life story of youthful trust betrayed, dreams of stardom dashed and cruel lessons learnt. The three girls, then in their late twenties, learned too late that in the harsh showbiz world you can hardly trust anyone, not even your friends. However, despite everything, they got the last laugh. Their promising career couldn't be returned to them but they enjoyed the huge satisfaction (both emotional and financial) that the ruling confirmed that the creative concept behind Rock Follies was fully theirs.

Living Wills and Enduring Powers of Attorney (Hardcover, 2nd edition): Mark Fairweather, Rosy Border Living Wills and Enduring Powers of Attorney (Hardcover, 2nd edition)
Mark Fairweather, Rosy Border
R3,908 Discovery Miles 39 080 Ships in 12 - 17 working days

This book allows you to decide whether a living will is for you and offers a plain English living will to make your wishes known and how to grant an EPA allowing those you trust to manage your affairs.

Property Rights and Climate Change - Land use under changing environmental conditions (Hardcover): Fennie van Straalen, Thomas... Property Rights and Climate Change - Land use under changing environmental conditions (Hardcover)
Fennie van Straalen, Thomas Hartmann, John Sheehan
R4,493 Discovery Miles 44 930 Ships in 12 - 17 working days

Property Rights and Climate Change explores the multifarious relationships between different types of climate-driven environmental changes and property rights. This original contribution to the literature examines such climate changes through the lens of property rights, rather than through the lens of land use planning. The inherent assumption pursued is that the different types of environmental changes, with their particular effects and impact on land use, share common issues regarding the relation between the social construction of land via property rights and the dynamics of a changing environment. Making these common issues explicit and discussing the different approaches to them is the central objective of this book. Through examining a variety of cases from the Arctic to the Australian coast, the contributors take a transdisciplinary look at the winners and losers of climate change, discuss approaches to dealing with changing environmental conditions, and stimulate pathways for further research. This book is essential reading for lawyers, planners, property rights experts and environmentalists.

Legal Origins and the Efficiency Dilemma (Hardcover): Nuno Garoupa, Carlos Gomez Liguerre, Lela Melon Legal Origins and the Efficiency Dilemma (Hardcover)
Nuno Garoupa, Carlos Gomez Liguerre, Lela Melon
R4,501 Discovery Miles 45 010 Ships in 12 - 17 working days

Economists advise that the law should seek efficiency. More recently, it has been suggested that common law systems are more conducive of economic growth than code-based civil law systems. This book argues that there is no theory to support such statements and provides evidence that rejects a 'one-size-fits-all' approach. Both common law and civil law systems are reviewed to debunk the relationship between the efficiency of the common law hypothesis and the alleged inferiority of codified law systems. Legal Origins and the Efficiency Dilemma has six aims: explaining the efficiency hypothesis of the common law since Posner's 1973 book; summarizing the legal origins theory in the context of economic growth; debunking their relationship; discussing the meaning of 'common law' and the problems with the efficiency hypothesis by comparing laws across English speaking jurisdictions; illustrating the shortcomings of the legal origins theory with a comparative law and economics analysis; and concluding there is no theory and evidence to support the economic superiority of common law systems. Based on previous pieces by the authors, this book expands their work by including new areas of analysis (such as trusts), detailing previous analysis (such as French law versus common law in the areas of contract, property and torts), and updating for recent developments in the academic discourse. This volume is of interest to academics and students who study microeconomics, comparative law and foundations of law, as well as legal policy analysts.

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