This book introduces and explores the concept of multilingual law. Providing an overview as to what is 'multilingual law', the study establishes a new discourse based on this concept, which has hitherto lacked recognition for reasons of complexity and multidisciplinarity. The need for such a discourse now exists and is becoming urgent in view of the progress being made towards European integration and the legal and factual foundation for it in multilingualism and multilingual legislation. Covering different types of multilingual legal orders and their distinguishing features, as well as the basic structure of legal systems, the author studies policy formation, drafting, translation, revision, terminology and computer tools in connection with the legislative and judicial processes. Bringing together a range of diverse legal and linguistic ideas under one roof, this book is of importance to legal-linguists, drafters and translators, as well as students and scholars of legal linguistics, legal translation and revision.

This book examines the relationship between law and scientific advancement, with a particular focus on the theory of evolution and medical innovation. Historically, the law has struggled to keep pace with modern medical advances. The authors demonstrate that the laws that govern human behaviour must evolve in response to such advances. This book describes how evolution shapes us humans and allows us to understand processes from ageing to decision making, and examines recent medical developments related to reproduction, neurosciences, sexuality, illness, bodily autonomy, and death, while considering the ethical, philosophical and legal implications of those developments.

Studies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship. In this latest edition of this highly successful research series, articles examine a diverse range of legal issues and their impact on and intersections with society. Topics covered include: marriage equality and the demise of civil unions; the LGBTQ community in the 1980s; the landscape of choice regarding reproductive rights and vaccine refusal; the rights of unvaccinated children; a socio-legal framework for understanding the social control of pleasure; and a data re-use and its impact on group identity. This volume brings together leading scholars and will be vital reading for all those researching in this subject area.

This new volume of Sociology of Crime, Law and Deviance addresses issues of race and ethnicity within the law and law-related phenomena. Even in today's so-called multicultural, post-racial world racial and ethnic concerns prevail in many aspects of modern law. Contributors to this volume examine racial and ethnic disparities in sentencing and punishment; the continued problematic nature of the African American experience within the US system; the criminalization of immigrants; racial inequities in the administration of drug laws; and the racial disparities that affect juvenile justice. This volume will be of interest to students and researchers in law, socio-legal studies, criminology, criminal justice, sociology and public policy.

We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"--rules that vary person by person--will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.

Studies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship. In this latest edition of this highly successful research series, articles examine a diverse range of legal issues and their impact on and intersections with society. Topics covered include: an analysis of Charles Reznikoff's autobiography and its implications for residential lease law; a classification of condominium crime; an historical and developmental account of judicial activism; a reconceptualization of the legal approach to the reproductive rights of adolescents; an examination of the stories told by foster care youth to legislatures, courts and policymakers; an account of the role of maturity, policy, and parental authority in legal standards for minor's rights; and the debate surrounding transgender children and teaching gender identity in schools. This volume brings together leading scholars and will be vital reading for all those researching in this subject area.

A Guide to Landlord and Tenant Law provides a strong foundation in commercial landlord and tenant, and housing law. The book is designed to provide a complete course text for both undergraduate and postgraduate students from surveying and real estate management backgrounds. This clear and accessible textbook aims to introduce the reader to the fundamentals of both residential and commercial landlord and tenant law by considering the nature of the tenancy and the relationship between the parties. It examines the main elements of the commercial lease including rent, repair, alienation, termination and statutory renewal. The main types of residential tenancy are also considered including: assured and assured shorthold tenancies, secure and Rent Act tenancies and long leasehold enfranchisement. The book aims to familiarise the reader with the contractual documentation as well as the common law and statutory codes which form the basis of landlord and tenant transactions. It contains useful features such as: extracts from the Model Commercial Lease key case summaries, a glossary and chapter summaries further reading lists In addition, students on the Legal Practice Course and Bar Professional Training Course will find this to be a useful supplementary resource as will professional surveyors and lawyers looking for a refresher on the latest landlord and tenant law.

This book contributes to current debates about "queer outsides" and "queer outsiders" that emerge from tensions in legal reforms aimed at improving the lives of lesbian, gay, bisexual, transgender, intersex, and queer people in the United Kingdom. LGBTIQ people in the UK have moved from being situated as "outlaws" - through prohibitions on homosexuality or cross-dressing - to respectable "in laws" - through the emerging acceptance of same-sex families and self-identified genders. From the partial decriminalisation of homosexuality in the Sexual Offences Act 1967, to the provision of a bureaucratic mechanism to amend legal sex in the Gender Recognition Act 2004, bringing LGBTIQ people "inside" the law has prompted enormous activist and academic commentary on the desirability of inclusion-focused legal and social reforms. Canvassing an array of current socio-legal debates on colonialism, refugee law, legal gender recognition, intersex autonomy and transgender equality, the contributing authors explore "queer outsiders" who remain beyond the law's reach and outline the ways in which these outsiders might seek to "come within" and/or "stay outside" law. Given its scope, this modern work will appeal to legal scholars, lawyers, and activists with an interest in gender, sex, sexuality, race, migration and human rights law.

This volume showcases emerging interdisciplinary scholarship that captures the complex ways in which biological knowledge is testing the nature and structure of legal personhood. Key questions include: What do the new biosciences do to our social, cultural, and legal conceptions of personhood? How does our legal apparatus incorporate new legitimations from the emerging biosciences into its knowledge system? And what kind of ethical, socio-political, and scientific consequences are attached to the establishment of such new legalities? The book examines these problems by looking at materialities, the posthuman, and the relational in the (un)making of legalities. Themes and topics include postgenomic research, gene editing, neuroscience, epigenetics, precision medicine, regenerative medicine, reproductive technologies, border technologies, and theoretical debates in legal theory on the relationship between persons, property, and rights.

This book represents a unique resource about Stewart Macaulay one of the common law world's leading scholars of the law of contract and of the law in action approach to the study of law. Since 1959, he has published over 50 articles in leading journals, a number of working papers, (with colleagues at the University of Wisconsin Law School) a pathbreaking casebook for the teaching of the law of contract, and (with other colleagues) equally pathbreaking collections of materials for the teaching of the law in action or law in context approach to the study of law. In this work Macaulay has established himself as one of the postwar world's leading scholars of the law of contract and of the sociology of law. His work is an absolute reference point in both disciplines, and it has attracted great attention elsewhere, most notably in economic sociology, where his concept of non-contractual economic relationships is regarded as an important theoretical innovation. Macaulay's work has become an object of commentary in its own right, and the proposed book is intended to assist further such commentary by making hitherto difficult to obtain works readily accessible. Most of Macaulay's work is now, when the leading journals are generally available in electronic form, readily accessible to students and researchers in universities. There are, however, a number of interesting and in most cases important works published in less accessible journals or works which were not published in an electronic form, which are difficult to obtain. This book will make them readily available, and in so doing will make it possible in future for scholars to have Macaulay's complete oeuvre readily to hand. Although Macaulay's work has provoked very considerable discussion, there previously have been no overall accounts of that work as opposed to critical engagements with aspects of it. In this book, two additional essays by leading commentators give accounts of Macaulay's work and provide an introduction to, exegesis of and general evaluation of Macaulay's work as a whole which is not to be found in the existing literature.

This book explores victims' views of plea negotiations and the level of input that they desire. It draws on the empirical findings of the first in-depth study of victims and plea negotiations conducted in Australia. Over the last 50 years, the criminal justice system has seen major changes in both the role that victims play in the justice process and in how the vast majority of criminal cases are finalised. Guilty pleas have become the norm, and many of these result from negotiations between the prosecutor and the defence. The extent to which the victim is one of the participating parties in plea negotiations however, is a question of law and of practice. Drawing from focus groups and surveys with victims of crime, Victims and Plea Negotiations seeks to privilege victims' voices and lived experiences of plea negotiations, to present their perspectives on five options for enhanced participation in this legal process. This book appeals to academics and students in the areas of law, criminology, sociology, victimology and legal studies, those who practice in the criminal justice system generally, those who work with victims, and policy makers.

A leading economist offers a radically new approach to the economic analysis of the law In The Republic of Beliefs, Kaushik Basu, one of the world's leading economists, argues that the traditional economic analysis of the law has significant flaws and has failed to answer certain critical questions satisfactorily. Why are good laws drafted but never implemented? When laws are unenforced, is it a failure of the law or the enforcers? And, most important, considering that laws are simply words on paper, why are they effective? Basu offers a provocative alternative for how the relationship between economics and real-world law enforcement can be understood. Basu summarizes standard, neoclassical law and economics before looking at the weaknesses underlying the discipline. Bringing modern game theory to bear, he develops a "focal point" approach, modeling not just the self-interested actions of the citizens who must follow laws but also the functionaries of the state-the politicians, judges, and bureaucrats-enforcing them. He demonstrates the connections between social norms and the law and shows how well-conceived ideas can change and benefit human behavior. For example, bribe givers and takers will collude when they are treated equally under the law. And in food support programs, vouchers should be given directly to the poor to prevent shop owners from selling subsidized rations on the open market. Basu provides a new paradigm for the ways that law and economics interact-a framework applicable to both less-developed countries and the developed world. Highlighting the limits and capacities of law and economics, The Republic of Beliefs proposes a fresh way of thinking that will enable more effective laws and a fairer society.

This book addresses the universal and topical question of solidarity across generations from a comparative perspective, with a particular focus on the legal issues concerning retirement pensions, the poverty in the elderly, long-term care, as well as state interventions and family support for those at risk. Drawing on insights from the interface between family law, administrative law and social law, it examines 13 countries on different continents, and also briefly covers a number of additional countries in the introduction. This book is a based on the discussions and exchanges at the 20th General Congress of the International Academy of Comparative Law, in Fukuoka, Japan.

This volume presents new research in artificial intelligence (AI) and Law with special reference to criminal justice. It brings together leading international experts including computer scientists, lawyers, judges and cyber-psychologists. The book examines some of the core problems that technology raises for criminal law ranging from privacy and data protection, to cyber-warfare, through to the theft of virtual property. Focusing on the West and China, the work considers the issue of AI and the Law in a comparative context presenting the research from a cross-jurisdictional and cross-disciplinary approach. As China becomes a global leader in AI and technology, the book provides an essential in-depth understanding of domestic laws in both Western jurisdictions and China on criminal liability for cybercrime. As such, it will be a valuable resource for academics and researchers working in the areas of AI, technology and criminal justice.

Studies in Law, Politics, and Society (SLPS) provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship; the articles in this volume cover a diverse range of topics relating to law's relationship with and impact on society. Topics covered include: coverage of capital punishment in the mainstream and radical press; the landmark Roe vs. Wade case and the Republican Party's relationship with abortion law; an exploration of the legal politics of temporality in emergencies; gendered racialization and White supremacy in the US, specifically related to Muslim women; conflict resolution and legal theory; and self-determination for indigenous peoples in the Pacific.

Throughout Latin America, the idea of "justice" serves as the ultimate goal and rationale for a wide variety of actions and causes. In the Chilean Atacama Desert, residents have undertaken a prolonged struggle for their right to groundwater. Family members of bombing victims in Buenos Aires demand that the state provide justice for the attack. In Colombia, some victims of political violence have turned to the courts for resolution, while others reject the state's ability to fairly adjudicate their grievances and have constructed a non-state tribunal. In each of these examples, the protagonists seek one main thing: justice. A Sense of Justice ethnographically explores the complex dynamics of justice production across Latin America. The chapters examine (in)justice as it is lived and imagined today and what it means for those who claim and regulate its parameters, including the Brazilian police force, the Permanent Peoples' Tribunal in Colombia, and the Argentine Supreme Court. Inextricable as "justice" is from inequality, violence, crime, and corruption, it emerges through memory, in space, and where ideals meet practical limitations. Ultimately, the authors show how understanding the dynamic processes of constructing justice is essential to creating cooperative rather than oppressive forms of law.

A unique defense of Federalism, making the case that constitutional law in America-encompassing the systems of all 51 governments-should have a role in assessing the right balance of power among all branches of our state and federal governments. Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? Who wins the disputes of the day often turns on who decides them. And our acceptance of the resolution of those disputes often turns on who the decision maker is-because it reveals who governs us. In Who Decides, the influential US Appellate Court Judge Jeffrey S. Sutton focuses on the constitutional structure of the American states to answer the question of who should decide the key questions of public policy today. By concentrating on the role of governmental structure in shaping power across the 50 American states, Sutton develops a powerful explanation of American constitutional law, in all of its variety, as opposed to just federal constitutional law. As in his earlier book, 51 Imperfect Solutions, which looked at how American federalism allowed the states to serve as laboratories of innovation for protecting individual liberty and property rights, Sutton compares state-level governments with the federal government and draws numerous insights from the comparisons. Instead of focusing on individual rights, however, he focuses on structure, while continuing to develop some of the core themes of his previous book. An illuminating and essential sequel to his earlier work on the nature of American federalism, Who Decides makes the case that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in assessing the right balance of power among all branches of government. Taken together, both books reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has the answers to our vexing constitutional questions.

Diverse societies are now connected by globalization, but how do ordinary people feel about law as they cope day-to-day with a transformed world? "Tort, Custom, and Karma" examines how rapid societal changes, economic development, and integration into global markets have affected ordinary people's perceptions of law, with a special focus on the narratives of men and women who have suffered serious injuries in the province of Chiangmai, Thailand.
This work embraces neither the conventional view that increasing global connections spread the spirit of liberal legalism, nor its antithesis that backlash to interconnection leads to ideologies such as religious fundamentalism. Instead, it looks specifically at how a person's changing ideas of community, legal justice, and religious belief in turn transform the role of law particularly as a viable form of redress for injury. This revealing look at fundamental shifts in the interconnections between globalization, state law, and customary practices uncovers a pattern of increasing remoteness from law that deserves immediate attention.

It has been shown time and again that even though all citizens may be accorded equal standing in the constitution of a liberal democracy, such a legal provision hardly guarantees state protections against discrimination and political exclusion. More specifically, why do we find pervasive gender-based discrimination, exclusion, and violence in India when the Indian Constitution supports an inclusive democracy committed to gender and caste equality? In Gendered Citizenship, Natasha Behl offers an examination of Indian citizenship that weaves together an analysis of sexual violence law with an in-depth ethnography of the Sikh community to explore the contradictory nature of Indian democracy-which gravely affects its institutions and puts its citizens at risk. Through a situated analysis of citizenship, Behl upends longstanding academic assumptions about democracy, citizenship, religion, and gender. This analysis reveals that religious spaces and practices can be sites for renegotiating democratic participation, but also uncovers how some women engage in religious community in unexpected ways to link gender equality and religious freedom as shared goals. Gendered Citizenship is a groundbreaking inquiry that explains why the promise of democratic equality remains unrealized, and identifies potential spaces and practices that can create more egalitarian relations.

This book explores the nature and impact of stalking and criminal justice system responses to this type of abuse based on the experiences and lived realities of victims. Drawing on in-depth interviews with 26 self-defined victims of stalking in England and Wales, it explores the psychological and social effects of this hidden and misunderstood form of interpersonal violence. Korkodeilou's work seeks to improve understanding regarding this type of abuse, contribute to feminist criminology and gender-based violence literature, and expand scholarly knowledge with her research's theoretical, methodological and practical implications. Victims of Stalking will appeal to academics in the fields of victimology, victimisation, gender-based and interpersonal violence, criminal justice system responses to victims and to criminal justice system professionals (e.g. police officers, probation officers, and lawyers).

This special issue of Studies in Law, Politics, and Society examines the relationship between law and disasters. The papers come from members of the Collaborative Research Network on the Jurisprudence of Disasters within the Law and Society Association. This network was formed in 2012 at a conference held by the International Institute for the Sociology of Law, titled "Workshop on Disasters and Sociolegal Studies." The volume addresses the 'myths' of contemporary disaster law and policy, such as that of society's "invincibility". The papers examine specific cases such as the Fukushima Nuclear Disaster, bushfire management in Australia and wildfire prevention in the Mediterranean, as well as providing broader analysis and comment on global disaster law and policy.

Hailed as one of the most important works in the history of sociology, and a precursor to the revolutionary theoretical approach of pure sociology, this short and lucid book is as relevant today as when it was first published in 1976. To honour this seminal book, Emerald is pleased to announce that it will publish a special edition of "The Behavior of Law," including a number of additional features: a new foreword from Mark Cooney; an interview with the author, entitled "How Law Behaves"; reflections from a number of prominent sociologists on "The Behavior of Law"'s impact over the last thirty years. It features an author profile written by Randall Collins.

First published in 1997, this volume explores how we live in a society which is developing beyond human experience and comprehension - fast. Advances in technology and medicine are profoundly affecting the manner of human living from the beginning through to the end of life. These advances present exciting and demanding challenges to law-makers, policy-makers and healthcare providers, who make decisions about genetics, human reproduction, competence, medical treatment priorities and dying. They also compel us to pay attention to human rights. This international collection of essays combines the thoughts and ideas of women scholars writing about these complex developments and aims at provoking debate and dissension as well as an opportunity for reflection. The writers explore a range of common themes in different areas and provide a coherent framework for law and policy-making, to serve as a foundation for the challenges ahead.

LIFE. SEX. RACE. POWER. FREE SPEECH. PROTEST. PRIVACY. DEMOCRACY. SOVEREIGNTY. DEATH. Society shapes law... and law shapes society. We like to imagine that progress comes about when Parliament spots a looming groundswell in public opinion and responds by changing the laws that govern our daily lives. This is not always true. In this fascinating book, Inigo Bing unravels ten legal cases in which the decisions of judges or a jury either heralded a shift in outlook or forced Parliament to respond to simmering social change. Some of these cases demonstrate the role judges have in defending our civil liberties against overweening executive power, articulating inherent unwritten rights Parliament would prefer to keep quiet about. Others explore what happens when rapid technological or social change outpaces government, placing urgent ethical dilemmas in the lap of the court. All of them have had a lasting impact on the society we inhabit. Taken together, these stories provide a powerful insight into eighty years of British social, political and cultural history, illustrating why legal cases are just as important to making our world as laws written by Parliament or grassroots changes within society.

This book systematically investigates the capital punishment of girls and women in one jurisdiction in the United States over nearly four centuries. Using Connecticut as an essential case study, due to its long history as a colony and a state, this study is the first of its kind not only for New England but for the United States. The author uses rich archival sources to look critically at the gendered differential in the application of the death penalty from the seventeenth century until the abolition of capital punish-ment in Connecticut in 2012. In addition to analyzing cases of executions, this monograph offers an innovative focus on women and girls who escaped judicial execution with death sentences that were avoided, reversed, reprieved, or commuted. The book fully describes the impact of the rise and fall of witchcraft allegations during the last half of the seventeenth century, the clash between the deg-radation of slavery and Enlightenment ideals that was the provocation for the de facto end of female capital punishment in the New Republic, the introduction of two degrees of murder, which effectively provided an es-cape hatch from the gallows, and a detailed look at the unique case of Lydia Sherman, whose sentence to life in prison under the Connecticut murder statute of 1846 emphatically confirmed the unofficial state exemption of females from the gallows. Pivotal cases since 1900 are also examined. The book will attract attention from a broad audience interested in criminology, criminal justice, capital punishment, women's studies, and legal history. Anti-death penalty advocates, law school activists, public defenders, capital punishment litigators, and jurists will also find the book useful.