First published in 1998, Public Procurement in the European Community has been considered as the most-important non-tariff barrier for the completion of the common market and its liberalisation reflects the attempts of law and policy makers to enhance competitiveness in the public sector and achieve uniform patterns of industrial efficiency. The opening-up of procurement stresses the fact that the Member States must embark upon a process of changing their public sector management ethos and adopt more market-orientated parameters (value for money, efficiency, improved risk management, market testing, outsourcing, private finance, savings) in the delivery of public services, alongside the principles of transparency and public accountability. The book is addressed to academics and researchers in the fields of law, public policy and government studies, legal practitioners, policy makers, government officials as well as industry executives. It provides a multi-disciplinary analysis of public procurement law and policy and assesses its impact on the European integration process. It investigates the implications of the opening-up of the European public markets on other legal and economic systems in the world and analyses the regulation of public purchasing as part of the emerging Economic Law of the European Union.

Published in 1998. This research is based on observations made of 33 crowd events between February 1992 - February 1995. These took place in Turkey, England and Wales and all of which involved a large police deployment. In addition, informal interviews were conducted in both countries, involving key figures in areas of police public order training and practice. Further, visits were made to training sites and public order units, to familiarise the researcher with public order policing in both countries. Finally, the researcher has attended three major public order courses organised for the senior members of British police forces. This research analyzes the underlying assumptions contained within the existing theories in the field and attempts to adjudicate on the validity of both classical and modern contributions to the understanding of the field. The research concludes that any public order policing, regardless of the political system it serves, will tend to be relatively paramilitary and oppressive. Civilian public order policing practices need to take account of an approach which appreciates a wide combination of levels of understanding as represented by Combined Factors Approach. Finally, it is argued that the more public order policy reflects the potential level of understanding promoted by the CFA the less emphasis on paramilitary techniques will be deployed as tactics of last resort.

A number of recent events in the last decade have renewed interest in Russian discourses on international law. This book evaluates and presents a contemporary analysis of Russian discourses on international law from various perspectives, including sociological, theoretical, political, and philosophical. The aim is to identify how Russia interacts with international law, the reasons behind such interactions, and how such interactions compare with the general practice of international law. It also examines whether legal culture and other phenomena can justify Russia's interaction in international law. Russian Discourses on International Law explains Russia's interpretation of international law through the lens of both leading western scholars and contemporary western-based Russian scholars. It will be of value to international law scholars looking for a better understanding of Russia's behavior in international legal relations, law and society, foreign policy, and domestic application of international law. Further, those in fields such as sociology, politics, philosophy, or general graduate students, lawyers, think tanks, government departments, and specialized Russian studies programs will find the book helpful.

In Scandinavian countries immigration is a sensitive issue and legislators' approach to the questions it has raised has varied over the years. Whatever immigrant and integration policies are adopted in a democratic society, it is clear that the legislation and the authorities have to ensure that the individual rights of the immigrants residing in its territory are respected. With Canada as a point of reference, this book draws attention to weaknesses in the regulation and implementation of integration provisions threatening the immigrants' individual rights in the EU member states of Denmark, Finland and Sweden. The study challenges readers to critically review the meaning of rights and the notion of global caring. It takes a critical look at how vulnerable immigrants fare in a largely immigrant nation with a welfare capitalism legacy, when compared to three European nations which claim to embrace institutional welfare models. This book will be of great interest to scholars and decision-makers interested in Scandinavian or Canadian immigration and integration policies.

First published in 1998, this book is an exposition of the law of defamation as it applies in those countries (excluding South Africa). It discusses or refers to hundreds of cases from those jurisdictions, as well as many important precedents from England, analysing the law and discussing how far the courts have developed their own approaches to the law, and to what extent the law reflects the values of traditional society and customary law. It thus shows how the law is being used in a field which is both intensely political and reflects important social interests. Though directed mainly at legal practitioners, teachers and students, therefore, it would be of interest to the media - the defendants in the overwhelming majority of the cases-and to scholars in the social sciences.

This collection brings together legal scholars, canonists and political scientists to focus on the issue of public funding in support of religious activities and institutions in Europe. The study begins by revolving around the various mechanisms put in place by the domestic legal systems, as well as those resulting from the European law of human rights and the law of the European Union. It then goes on to look at state support and particular religious groups. The presentation of European and national law is supplemented by theoretical and interdisciplinary contributions, with the main focus being to bring into discussion and map the relationship between the funding of religions and the economy and to infer from it an attempt at a systematic examination or theorization of such funding. This collection is essential reading for those studying Law and Religion, with particular focus on the countries of the UK, France, Belgium, Germany, Italy, The Netherlands, Spain and Turkey. The views expressed during the execution of the RELIGARE project, in whatever form and or by whatever medium, are the sole responsibility of the authors. The European Union is not liable for any use that may be made of the information contained therein.

Islam is a growing presence practically everywhere in Europe. In Italy, however, Islam has met a unique model of state neutrality, religious freedom and church and state collaboration. This book gives a detailed description of the legal treatment of Muslims in Italy, contrasting it with other European states and jurisprudence, and with wider global tendencies that characterize the treatment of Islam. Through focusing on a series of case studies, the author argues that the relationship between church and state in Italy, and more broadly in Europe, should be reconsidered both to secure religious freedom and general welfare. Working on the concepts of religious freedom, state neutrality, and relationship between church and state, Andrea Pin develops a theoretical framework that combines the state level with the supranational level in the form of the European Convention of Human Rights, which ultimately shapes a unitary but flexible understanding of pluralism. This approach should better accommodate not just Muslims' needs, but religious needs in general in Italy and elsewhere.

New and unremitting violence linked to state, inter-state, and private actors has precipitated a renewal of social movements, many of which act in concert with human rights ethos and legal conceptions. Yet, cultural studies has so far had little engagement or institutional connection with these movements. How can cultural studies as a progressive discipline think with, and make space for, rights-inflected legal and humanitarian practices? This book considers the ways in which cultural humanism and the critical approach to rights, and more broadly between culture and law, can be brought together to open a new intellectual space to allow cultural studies to better engage with the current challenges presented by social and political struggles worldwide. It lays out the central theses essential for constructing a critical view of human rights, and then advances a distinctive critical model of analysis that incorporates insights of postcolonial legal theorists and jurists from the Global South and important cultural theorists from the North, while rethinking law, rights, and social movements as something constituted by multiple legal modernities. Through case studies covering questions relating to sovereignty, citizenship, refugee displacement, human rights defenders, and gender and sexual rights, Law and Cultural Studies develops a means by which the practice of cultural studies can be reinvigorated around the legal spaces, institutions, and movements tied to human rights struggles. As such, it will appeal to scholars of cultural and media studies, critical legal studies, political theory, postcolonial studies, and human rights.

This book undertakes a critical appraisal of the concept of sustainable development in the European Union. In addition to existing issues of sustainability, it examines the development of a European "general principle" of sustainable development. This original, critical approach examines legal, political, and economic implications of the emergence of the principle and places the impact of such in local, national, intranational, and international contexts. While essentially focusing on the development of the principle, the discussion also includes a normative assessment of current policy and practice, and appraises European efforts in the light of international goals.

The founders of the United States were well aware of religious differences in the new nation. Oppression had forced varied European religious groups to seek homes elsewhere, some in the new world of America. Governmental pressures toward conformity in religion had in the past led to corruption and civil strife. Thus, Congress made a dual assertion in its First Amendment to the Constitution: ""Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."" However, the ethical foundations of American society - and therefore its laws - intermingle with the moral codes of religions, including the Judeo-Christian Ten Commandments. This handbook helps bring understanding and meaning to the controversies that have arisen in present day society over the application of the Ten Commandments to public law and moral problems. Applications can be logical and legal, or can violate the separation of church and state called for in the First Amendment. Part One provides background on the Ten Commandments. It gives the various versions found in the Old Testament, and explains the non-Israelite influences on those versions (the Hammurabi Code, for example). The moral thinking of the ancient Mesopotamian, Egyptian and Hebrew cultures is examined. The modern Jewish tradition is detailed, as well as the different interpretations placed on the Ten Commandments by Roman Catholics, Anglicans, Lutherans and other Protestants. Part Two focuses on the modern controversies, assessing the differing sides of each. Among the many controversies covered are government funding of faith-based charities, posting the Ten Commandments in public buildings, science versus religion in schools, prayer in public places, blue laws, stem cell research, cloning, euthanasia, capital punishment, abortion and war, racial profiling and covenant marriages.

Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. Examining the limits of liberal legal thought in light of a contemporary plurality of ethnic identifications and religious beliefs, Prakash Shah takes up the case for a 'legal pluralism' that views ethnic minority laws in interaction with the official British legal order. This form of legal pluralism is not, however, without conflict. This book pursues a series of case studies that critically consider why and how state laws marginalise ethnic minority legal orders. Legal Pluralism in Conflict contains discussions of the recognition of polygamous marriages, homicide, the expertise provided in immigration cases and the legal discourse of nationality. It is in this engagement with some of the most challenging issues posed by the diverse character of modern society that its author sets out an alternative course for ethnic minority legal studies. Legal Pluralism in Conflict will be invaluable to students and researchers concerned with law's relationship to and treatment of ethnic and religious diversity, as well as to those with wider interests in the limits and possibilities of political pluralism.

This book re-examines the law governing the obligations of the Member States in the European Union from the perspective of the interests formulated and pursued by national governments in the EU. Member States' interests provide the source as well as the limitations of the obligations undertaken by the Member States in the Union. From the early days of European integration, they have determined how the law frames and defines EU obligations in the Treaties, in legislation and in the jurisprudence of the EU Court of Justice. The book neither challenges directly, nor undermines the current state of the law in the EU. Instead, it introduces a framework for interpreting and analysing legal developments - both legislative and jurisprudential - from an angle which brings the legal dimension of the membership of States in the European Union closer to its political reality. By choosing Member State interest to frame its analysis of the law, the book expresses a clear intention to explore further the interactions and the potential interconnectedness of the intergovernmentalism of EU decision-making and the normative supranationalism of the application and the enforcement of Member State obligations, in particular at the national level. Analysing how diversity among the Member States, which arises from different local interests, institutional frameworks and socio-economic arrangements, is assessed and sustained in EU legislation and in the jurisprudence of the Court of Justice, the book examines the impact of EU obligations on Member State territorial authority and territoriality. Providing a new perspective on Member State interests and European Law, the book closes the widening gap between the politics and law of European integration and between its political science and legal analysis. The book is essential reading for students and scholars in the field of state law, EU law and politics.

In a world of globalised media, Japanese popular culture has become a signifi cant fountainhead for images, narrative, artefacts, and identity. From Pikachu, to instantly identifi able manga memes, to the darkness of adult anime, and the hyper- consumerism of product tie- ins, Japan has bequeathed to a globalised world a rich variety of ways to imagine, communicate, and interrogate tradition and change, the self, and the technological future. Within these foci, questions of law have often not been far from the surface: the crime and justice of Astro Boy; the property and contract of Pokemon; the ecological justice of Nausicaa; Shinto's focus on order and balance; and the anxieties of origins in J- horror. This volume brings together a range of global scholars to refl ect on and critically engage with the place of law and justice in Japan's popular cultural legacy. It explores not only the global impact of this legacy, but what the images, games, narratives, and artefacts that comprise it reveal about law, humanity, justice, and authority in the twenty-first century.

Investigating the extent to which the European Union can be defined as a "highly competitive social market economy", this edited collection illustrates and tests the constitutional reverberations of Art. 3(3) of the Treaty on the European Union, and discusses its actual and potential transformative effect. In the aftermath of Brexit, and in the 60th anniversary of the Treaty of Rome, the book is particularly timely and topical, offering new and deeper insights on the complex and constantly evolving social dimension of the EU, ultimately reflecting on how the objective of (re)constituting the EU as a "highly competitive social market economy" might best be achieved.

This books gives the reader a flavour of the main issues arising in medical law from the problems of consent to treatment, to whether euthanasia should be legalised. Both the courts and Parliament continue to be kept busy with medical law issues. The Bristol Hospital Enquiry has led to the creation of the Retained Organs Commission. The Human Rights Act 1998 continues to have an impact on patients' rights. The struggles of individuals like Diane Blood (who had children using her dead husband's sperm) and Dianne Pretty (who died of motor neurones disease) and others have had important affects in medical law. This book should be useful for undergraduate students studying medical law and medical students who need an overview of the subject. It may also be helpful for those who work in the field of medicine including NHS staff and for students following courses at the newly created NHS University.

Demonstrating how users of law, who often operate in multi-sited situations, are forced to deal with increasingly complex legal circumstances, this volume focuses on political and social processes through which people appropriate, use and create legal forms in multiple legal settings. It provides new insights into social and political processes through which transnational law is locally appropriated by different actors and presents empirical studies of confrontation, adaptation, vernacularization and hybridization of law due to its transplantation across the borders of national states. The contributors offer insights into modern dynamics of legal change, challenging assumptions about increasing homogeneity in law, with a keen eye for the historical situations in which current legal changes stand.

This book demonstrates that law can be newly interrogated when examined through the lens of literature. The book creates simple pathways which energise and illustrate the links between legal theory and legal science and doctrine through the wider visions of history, literature and culture. This broadening approach is integral to understanding law in the context of wider debates and media in the community. The book provides a collection of essays, with additional commentary which reflects upon very recent scholarship and debate on a range of ethico-legal topics; it also illustrates how conventional legal matters may be rendered lively and palatable, as an adjunct to approaching doctrine and cases 'cold' in the conventional textbook manner. The chapters range from examination of current thought on cohabitation and marriage laws (via Jude the Obscure), 19th century medico-legal cases relevant to current narratives of insanity in women and the nature and status of expert evidence generally; assisted suicide and autonomy (via a poem by Jon Stallworthy) to an essay on the nature of race and ethnicity (via a poem by R S Thomas), a discussion of obscenity and moral philosophy (via an essay on Crash by J G Ballard and the philosophy of Bernard Williams) and a history of ideas discussion of positivism, natural law and political crisis, war and terrorism through legal and political theory texts and a poem by Auden. The materials refer to case law where appropriate.

Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The basic notion of FPIC is that states should seek Indigenous peoples' consent before taking actions that will have an impact on them, their territories or their livelihoods. FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognize it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse? This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations (NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law - but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system. Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples' rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples' rights. Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.

This title was first published in 2003: The problem of legitimacy and legality is one of the key issues of modern thought and nowhere more intensely debated than in the countries of the former Soviet bloc. Under the communist system, symbols of modern government had been supplemented and changed in order to serve the totalitarian domination of the Party and all spheres of life, including law, were subsumed within this framework of ideological legitimation. Following the anti-communist revolutions of 1989, former communist societies started the historically unprecedented process of transformation from the totalitarian into liberal democratic society, a transformation which has produced much soul-searching and heated debate. In this book, the author sets out to prove that concern with legitimacy belongs neither exclusively to the legal system nor to a political system separated and distanced from the legal system. The topic of legitimacy and legitimation is inseparable from legality and every legitimation eventually looks for its transformation into legal legitimacy.

One of the most important EU consumer protection directives of the past decade, the 2005 Unfair Commercial Practices Directive, or UCPD, is brought under examination in this stimulating volume. Bringing together leading experts in the comparative law and consumer law domain, the book discusses the impact of the Directive and whether the many possible issues identified at its inception have been borne out in practice. Divided into four parts of 'Implementation, Approximation and Harmonization', 'Vulnerability', 'The UCP Directive and Other Regimes', and finally 'Enforcement', the volume examines the various policy developments, the growing body of case law, the decisions of relevant national enforcement authorities, as well as the legislative debates which have surrounded the implementation of the UCPD in Member States. This book provides a valuable assessment of the impact of a major EU directive almost ten years after its adoption, and as such will be of interest to academics, legal practitioners and the judiciary working in the areas of European and Consumer law.

First Published in 1987. Routledge is an imprint of Taylor & Francis, an informa company.

Reflecting a developing trend towards interdisciplinary research in economics and law, this agenda-setting volume makes the case for economic sociology of law - an emerging field that draws on empirical, analytical and normative insights from sociology to investigate relationships between legal and economic phenomena. It locates this novel subject in a wider socio-legal tradition and identifies common ground between Polanyian and Weberian approaches to the law, economy, and society, despite the two theorists' divergent views on the functionality of the capitalist model. The volume provides a platform for researchers' critical responses to the 'social embeddedness' of market societies.

Contributors demonstrate the value of applying a combination of methods in their work, from heterogeneous disciplines such as legal history and ethnography. They consider the position in the western and developed nations, as well as in post-colonial polities. The resulting publication is a well-crafted primer on a specialism that, by combining the insights of socio-economic analysis with the formative influences exerted by their specific legal contexts, informs a more nuanced assessment of law, economics and society.

Widely regarded as the most important legal theorist of the twentieth century, Hans Kelsen is best known for his formulation of the "pure theory of law"--within which the study of international law was his special field of work. The present volume, General Theory of Law and State, first published in 1945, allowed Kelsen to adjust his pure theory of law to American circumstances after World War II. It also afforded him the opportunity to present to English-speaking readers his latest ideas on the supremacy of international law. The volume is divided into two parts: the first devoted to law, the second to the state. Together these topics constitute the most systematic and comprehensive exposition of Kelsen's jurisprudence.

The volume is not only a compendium of Kelsen's lifework up to that time; it is also an extension of his theories "to embrace the problems and institutions of English and American law as well as those of the Civil Law countries." Indeed, references to Continental European law are minimal compared with examples, scattered throughout the text, taken from the U.S. Constitution and several American court cases. This is more than a concession to American readers; it signifies that Kelsen's legal theory is truly general in that it accounts for the Common Law as well as the Civil Law. A systematic treatise on jurisprudence, General Theory of Law and State is a substantial reformulation of Kelsen's ideas articulated in several of his previous books, written in German.

The juridical principles put forth by the most important legal theorist of the twentieth century remain of great value. This volume will be read by legal scholars, political scientists, and intellectual historians.

This title was first published in 2002. Environmental Policy is an astute and far-reaching text which analyzes the intersections between environmental policy formation and its ultimate implementation and enforcement through the law. It sets this theme against the axis of EU law and policy and UK law and policy, paying particular attention to the variables which determine the nature and significance of law as a delivery vehicle . Among these variables are the shape and character of EU and UK law for present purposes, alternatives to law, and the culture of UK law and policy aiding a distinct pattern of response to Directives, for example. It takes an informed look at the reality of implementation and enforcement through its reference to policy objectives as well as the limits and appropriateness of law across the aforementioned axis . An indispensable resource for scholars and students of environmental law and policy, along with governmental and other environmental agencies responsible for policy creation, implementation and enforcement.

Inequality and unfairness still stalk Scotland after more than twenty years of devolution. Having done little to shield against austerity, Brexit and an increasingly right-wing Westminster agenda, calls for further constitutional reform to solve pressing political, economic and social problems grow ever louder. The debate over further devolution or independence continues to split the population. In A New Scotland, leading activists and academics lay out the blueprints for radical reform, showing how society can be transformed by embedding values of democracy, social justice and environmental sustainability into a coherent set of policy ideas. Structured in two parts, the book takes to task the challenges to affect radical change, before exploring new approaches to key questions such as healthcare, education, public ownership, race, gender and human rights.