Containing contributions by some of the best known researchers in the field, this volume considers the intersection between the Open Method of Coordination (OMC), a relatively new mode of policy-making, and gender equality, a long-standing area of EU policy. It draws on a range of disciplinary perspectives to examine the effectiveness of the OMC as a medium for the advancement of gender equality within the EU. It also considers gender in the OMC in a variety of contexts and at both a general EU and Member State level. Central to the discussion is the concept of gender mainstreaming which proposes that a gender equality perspective should be incorporated at every level and opportunity of EU policy and practice. The authors assess how successful this has been in the context of the OMC. The book provides a unique and contemporary body of work on the OMC which adds significantly to existing understandings of this form of governance and informs critical debate of EU social governance.

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. At the same time, the author claims, legitimacy is not an issue internal to law, for it emerges rather from the tension and difference between positive law and its social environment. The author uses different theoretical approaches to the problem of legitimation, mainly the social systems and post-structural theories. Another important topic analyzed in this book is the role of legal theory in analysis of the legitimacy of legal rational political domination, specifically as it arises in the development of the legal and political systems of post-communist societies. This leads to the main argument of the book, which might be summarised as a new understanding of the social contract: that the social contract requires that the legitimacy of any system of law and political domination must be constantly re-negotiated. This process is the unconditional responsibility of those living, or wishing to live, under the contemporary liberal democratic rule of law. The extraordinary force of this responsibility is manifested principally in the strategy of dissent.

Written for sixth form and college students, AS Law covers the content of AS Law for AQA and OCR students in a lively and reader-friendly style. Topics are broken down into manageable parts, with clear headings and are illustrated throughout with photographs, diagrams, boxes and illustrations. Each chapter includes: an introduction outlining learning objectives relating to the subject specifications 'developing the subject' sections explaining a particularly important or difficult point in more detail, designed to challenge more able students a list of useful websites enabling students to access primary law materials intended to support chapter-by-chapter reading 'it's a fact!' sections highlighting interesting and contemporary applications of the legal principle under discussion dedicated sections providing detailed examination of key cases, within the context of the chapter discussion hints and tips for revision topics and strategies helping students to prepare for the types of questions that are most likely to come up in exams. The book contains a wealth of opportunities to test and apply knowledge, with revision quizzes, quick tests and sample questions and answers within each chapter and there are additional opportunities for self-testing and revision available via the Companion Website. This third edition has been revised and updated to take into account the new 2008 AQA specifications and contains a new chapter on contract liabilities, as well as expanded material on sentencing and court procedures. It also addresses recent legal developments such as the establishment of the Ministry of Justice, changes in the legal profession and the constitution, and the reform of the House of Lords. AS Law provides a stimulating and exciting approach to the subject, profiling famous legal figures and examining law in films, fiction, non-fiction and on the internet whilst offering comprehensive coverage of the AQA and OCR subject specifications fulfilling all syllabus requirements.

Events such as the global financial crisis have helped reveal that the drivers and contours of governance on a national and international level remain a mystery in many respects. This is so despite the ever-increasing complexity and sophistication in the management and understanding of economic, legal and political spheres of global society. Set in this context, this timely Research Handbook is the first to explicitly address the constitutive relationship between law and political economy. With scholarly contributions from diverse disciplinary and geographic backgrounds, this authoritative book provides an expansive overview of the legal architecture of the global political economy. It covers, in three parts, topics surrounding money and markets, the relations of organization, and commodities, land and resources. Scholars and policymakers as well as undergraduate and postgraduate law students interested in the intersection of socio-political, economic, and legal dynamics of governance will find this book a thought-provoking and insightful resource. Contributors: A. Andreoni, G. Baars, S. Bailey, B. Bowring, T.A. Canova, D. Danielsen, J. Desautels-Stein, J. Ellis, A. Gupta, F. Guy, A. Hanieh, I. Isailovi , V. Kishore, R. Kreitner, T. Krever, P. Luff, T. Mahmud, B.N. Mamlyuk, M. McCluskey, R. Miguez, C. Mumme, A. Ng Boyte, OE. Orhangazi, U. OEzsu, A. Rasulov, L. Russi, C. Salom o Filho, P. Skott, J. Toporowski, R.A. Woodcock, L.R. Wray

This book investigates the multifaceted conflicts of sovereignty in the recent crises in the European Union. Although the notion of sovereignty has been central in the contentious debates triggered by the recent crises in the European Union, it remains strikingly under-researched in political science. This book bridges this gap by providing both theoretical reflections and empirical analyses of today's conflicts of sovereignty in the EU. More particularly, it investigates conflicts between four types of sovereignty. First, national sovereignty referring to the autonomy of the Westphalian Nation-State to rule on a territory delimited by borders; second, the supranational sovereignty acquired by the EU in a fragmentary fashion in a number of scattered internal and external policy fields; third, parliamentary sovereignty understood as the autonomy of parliaments (at the regional, national and European levels) to take part in the decision making process and control the executive in the name of the principles of election and representation; fourth, popular sovereignty whereby the body politic confers legitimacy to decision makers in a democratic system. Through an analysis of the various crises (rule of law, Brexit, migration, Eurozone crisis), the chapters look at how sovereignty is framed and contested by different types of actors, and how the strengthening or the weakening of certain types of sovereignty contribute to shape preferences regarding policies and governance structures in the multi-level EU. The chapters in this book were originally published as a special issue of the Journal of European Integration.

Over the past fifteen years, the dramatic increase of online self-help legal re-sources, information, and tools specifically developed for use by low-income individuals without legal counsel has been promoted as one way to help those individuals who are caught in this "justice gap." Unfortunately, however, opportunities arising from the Internet and related information and communication technologies do not accrue to everyone equally as physical, intellectual, and social barriers to information persist. Access to Information, Technology, and Justice: A Critical Intersection, as the first ever book length examination of the use of technology to expand access to justice in the United States, highlights an emerging paradox wherein the technological transformation that has created an increasing array of legal self-help resources and services is also creating barriers to access for disadvantaged individuals. Those who cannot read, those who do not speak the English language, those who are unfamiliar with the law, and those with limited digital literacy skills all find themselves at a fundamental disadvantage. The legal community has only begun to examine whether these resources and services are, in fact, meeting the needs of struggling self-help users. This book builds upon existing work in this area by undertaking an in-depth exploration of how information and communication technologies are changing - and failing to change - the legal in-formation landscape for those who most need this information. Drawing upon the ongoing collaborative efforts of legal aid organizations, libraries, courts, and non-profit organizations, this book provides a framework for removing barriers to equitable access to legal information, with the ultimate goal of encouraging continued discussion and action.

This book provides a critical assessment of the problem of internet child pornography and its governance through legal and non-legal means, including a comparative assessment of laws in England and Wales, the United States of America and Canada in recognition that governments have a compelling interest to protect children from sexual abuse and exploitation. The internet raises novel and complex challenges to existing regulatory regimes. Efforts towards legal harmonization at the European Union, Council of Europe, and United Nations level are examined in this context and the utility of additional and alternative methods of regulation explored. This book argues that effective implementation, enforcement and harmonization of laws could substantially help to reduce the availability and dissemination of child pornography on the internet. At the same time, panic-led policies must be avoided if the wider problems of child sexual abuse and commercial sexual exploitation are to be meaningfully addressed.

"Jurisprudence: Realism in Theory and Practice" compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues.

Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors--social, cultural, historical, and psychological, to name a few--are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, "The Common Law," is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions.

Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between "law in books" and "law in action" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic studyis a foremosthistorical work on legal theory, and is essential for understanding the roots of this influential perspective.

The practice of contingent fees--taking a percentage share of the money recovered for damage or injury--began among lawyers as a method of providing legal services for those unable to afford counsel. It is now the dominant method of financing litigation for both rich and poor. F. B. MacKinnon, in this book, examines the ethical and economic questions within the legal profession or ethical theory in general.

"Contingent Fees for Legal Services" is a thoroughly documented study undertaken by the American Bar Foundation, the research affiliate of the American Bar Association. It provides the information necessary for evaluating the present status of this controversial practice and the proposals for its change. Arguments about contingent fees center around possible abuses in litigation, extreme competition for cases, increased emphasis upon winning cases, and other ethical considerations. This book describes fully the historical, professional and economic context within which contingent fees developed, without attempting to resolve the debates. In addition, the MacKinnon offers in one volume relevant court decisions, statutes and administrative regulations, estimates the proportion of cases presented under contingent fee contracts, and describes fee schedules and practices.

As it permits an objective assessment of the fairness of contingent fees both to clients and to lawyers, this book will therefore interest everyone concerned with reforms of the fee system--lawyers and judges, professors and students, plaintiffs and defendants, as well as policymakers. This is an issue that continues to irritate and confound all concerned with the costs as well as rights of the legal profession and its clients.

Applying innovative interpretive strategies drawn from cultural studies, this book considers the perennial question of law and politics: what role do the founding fathers play in legitimizing contemporary judicial review? Rather than promulgating further theories that attempt to legitimize either judicial activism or restraint, this work uses narrative analysis, popular culture, parody, and queer theory to better understand and to reconstitute the traditional relationship between fatherhood and judicial review. Unlike traditional, top-down public law analyses that focus on elite decision making by courts, legislatures, or executives, this volume explores the representation of law and legitimacy in various sites of popular culture. To this end, soap operas, romance novels, tabloid newspapers, reality television, and coming out narratives provide alternative ways to understand the relationship between paternal power and law from the bottom upIn this manner, constitutional discourse can begin to be transformed from a dreary parsing of scholarly and juristic argot into a vibrant discussion with points of access and understanding for all.

"Comparative Deviance" represents a systematic attempt to survey public perceptions of deviant behavior cross-culturally: in India, Indonesia, Iran, Italy, Yugoslavia, and the United States. There is extensive diversity in both law and perception concerning such deviances as taking drugs, homosexuality, and abortion, yet there is evidence for a basically invariant structure in perception of deviance across "all" cultures. Within the countries studied in this volume, Graeme Newman discovers that the strength of religious belief and urban rural background accounted for major differences in the perception of deviance--when differences were identified.

Contrary to popular academic opinion in the United States, Newman finds that those countries with the most liberal laws on deviance (i.e., the least punitive sanctions) are also those highly economically developed and least totalitarian (United States and Italy). But when public opinion is considered, the public favors harsher punishments than the law provides. In contrast, in the developing countries of India, Iran and Indonesia, where penal sanctions are more severe, public opinion is much more liberal. The crucial question is the role criminal law plays in the process of modernization: whether law is a stable cultural influence, round which public opinion wavers in a startling fashion, depending on the stage of modernization.

These findings challenge many assumptions of conflict theory in sociology, of cultural relativism in anthropology, and of ethical relativism in moral philosophy. All findings are examined in relation to research on modernization, social development, and the evolution of law. These fundamental issues are thus important to many different disciplines across the board.

How have EU-level actors responded to the increase in salience and contestation across the member states? This volume explores and explains the actors' strategic responses and emphasises that domestic pressure has triggered both depoliticisation and politicisation. Long gone are the times when EU decisions left citizens indifferent, and when the supranational was largely irrelevant for public opinion and electoral politics across the member states. Instead, a string of existential crises has struck and unsettled the Union over more than a decade. These crises have politicised Europe, tested the endurance of the supranational system to its core, and put EU-level actors under unprecedented pressure. This volume explores how and why EU-level actors respond to the various, sometimes competing, 'bottom-up' demands, and challenges the view that domestic contestation necessarily limits EU-level room for manoeuvre. Instead, contributions show that domestic pressure can be perceived as either constraining or enabling, with responses, therefore, ranging from the restrained to the assertive. Driven by the survival of the Union, by the preservation of their own powers, and by different perceptions of domestic demands, actors will choose to politicise or depoliticise decision-making, behaviour, and policy outcomes at the supranational level. The volume concludes that whilst domestic pressure triggers supranational responses, such responses should not be assumed to be restraining; they may equally be empowering including for European integration itself. The chapters in this book were originally published as a special issue of the Journal of European Public Policy.

This volume examines the evolution of reproductive law in Italy from the 'far west' of the 1980s and 90s through to one of the most potentially restrictive systems in Europe. The book employs an array of sociological, philosophical and legal material in order to discover why such a repressive piece of legislation has been produced at the end of a period of substantial change in the dynamic of gender relations in Italy. The book also discusses Italian policy within the wider European policy framework.

Law can be seen to consist not only of rules and decisions, but also of a framework of institutions providing a structure that forms the conditions of its workable existence and acceptance. In this book, Olsen and Toddington conduct a philosophical exploration and critique of these conditions: what they are and how they shape our understanding of what constitutes a legal system and the role of justice within it.

This book offers the best and most influential writings of Richard Delgado, one of the founding figures of the critical race theory movement and one of the earliest scholars to address the harms of hate speech. With excerpts from his classic law review articles, conversations with his famous alter ego Rodrigo Crenshaw, and comments on the vicissitudes of academic life, this book spans topics such as hate speech, affirmative action, the war on terror, the endangered status of black men, and the place of Latino/as in the civil rights equation.

Banking regulation and the private law governing the bank-customer relationship came under the spotlight as a result of the global financial crisis of 2007-2009. More than a decade later UK, EU and international regulatory initiatives have transformed the structure, business practices, financing models and governance of the banking sector. This authoritative text offers an in-depth analysis of modern banking law and regulation, while providing an assessment of its effectiveness and normative underpinnings. Its main focus is on UK law and practice, but where necessary it delves into EU law and institutions, such as the European Banking Union and supervisory role of the European Central Bank. The book also covers the regulation of bank corporate governance and executive remuneration, the promises and perils of FinTech and RegTech, and the impact of Brexit on UK financial services. Although detailed, the text remains easy to read and reasonably short; pedagogic features such as a glossary of terms and practice questions for each chapter are intended to facilitate learning. It is a useful resource for students and scholars of banking law and regulation, as well as for regulators and other professionals who are interested in reading a precise and evaluative account of this evolving area of law.

When a death is investigated by a coroner, what is the place of the family in that process? This accessibly written book draws together empirical, theoretical and historical perspectives to develop a rich, nuanced analysis of the contemporary inquest system in England and Wales. It investigates theories of kinship drawn from socio-legal research and analyses law, accountability and the legal process. Excerpts of conversations with coroners and officers offer real insights into how the role of family can be understood and who family is perceived to be, and how their participation fundamentally shapes the investigation into a death.

The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.

This collection of essays brings together Zygmunt Bauman and a number of internationally distinguished legal scholars who examine the influence of Bauman's recent works on social theory of law and socio-legal studies. Contributors focus on the concept of 'liquid society' and its adoption by legal scholars. The volume opens with Bauman's analysis of fears and policing in 'liquid society' and continues by examining the social and legal theoretical context and implications of Bauman's theory.

This interdisciplinary and cross-national volume brings together theory and research by prominent scholars within the areas of distributive and procedural justice, not only featuring work within each area separately, as is commonly done, but also showing how combinations of the two justice orientations might operate to affect justice judgments and guide behaviour. Chapters cover various levels of analysis, from intra-personal to interpersonal to group and societal levels. The volume is divided into four sections: distributive justice, procedural justice, distributive and procedural justice, and methodological issues. Each section is subdivided into two parts, basic research and applied research re: current and important societal issues. Each chapter contains an overview of theoretical and empirical research on a particular topic. The volume is designed for use on courses in social psychology, psychology, sociology, political philosophy, and law.

Capturing a unique historical moment, this book examines the changes in urban life since the collapse of the Soviet Union from an ethnographic perspective, thus addressing significant gaps in the literature on cities, Central Asia and post-socialism. It encompasses Tashkent, Almaty, Astana and Ulan-Ude: four cities with quite different responses to the fall of the Soviet Union. Each chapter takes a theme of central significance across this huge geographical terrain, addresses it through one city and contextualizes it by reference to the other sites in this volume. The structure of the book moves from nostalgia and memories of the Soviet past to examine how current changes are being experienced and imagined through the shifting materialities, temporalities and political economies of urban life. Privatization is giving rise to new social geographies, while ethnic and religious sensibilities are creating emergent networks of sacred sites. But, however much ideologies are changing, cities also provide a constant lived mnemonic of lost configurations of ideology and practice, acting as signposts to bankrupted futures. Urban Life in Post-Soviet Asia provides a detailed account of the changing nature of urban life in post-Soviet Asia, clearly elucidating the centrality of these urban transformations to citizens' understandings of their own socio-economic condition.

A myth exists that Jews can embrace the cultural components of Judaism without appreciating the legal aspects of the Jewish tradition. This myth suggests that law and culture are independent of one another. In reality, however, much of Jewish culture has a basis in Jewish law. Similarly, Jewish law produces Jewish culture. A cultural analysis paradigm provides a useful way of understanding the Jewish tradition as the product of both legal precepts and cultural elements. This paradigm sees law and culture as inextricably intertwined and historically specific. This perspective also emphasizes the human element of law's composition and the role of existing power dynamics in shaping Jewish law. In light of this inevitable intersection between culture and law, The Myth of the Cultural Jew: Culture and Law in Jewish Tradition argues that Jewish culture often lacks grounding in Jewish law. Roberta Rosenthal Kwall develops and applies a cultural analysis paradigm to the Jewish tradition that departs from the understanding of Jewish law solely as the embodiment of Divine command. Her paradigm explains why both law and culture must matter to those interested in forging meaningful Jewish identity and transmitting the tradition.

Offers accessible, clear and easy-to-read explanations of the key issues and concepts within Constitutional and Administrative Law, presented in a student-friendly format Fills a gap in the market between revision guides and big overwhelming textbooks - ideal for the first-time student of law The innovative pedagogical approach in the Unlocking series builds and consolidates understanding of each topic incrementally, providing extracts from key cases and judgments and secondary sources to help students to contextualise their learning. The fifth edition has been extensively updated, including a new chapter covering the constitutional impact of the COVID pandemic.

Offering a novel, transdisciplinary approach to environmental law, its principles, mechanics and context, as tested in its application to the urban environment, this book traces the conceptual and material absence of communication between the human and the natural and controversially includes such an absence within a system of law and a system of geography which effectively remain closed to environmental considerations. The book looks at Niklas Luhmann's theory of autopoiesis. Introducing the key concepts and operations, contextualizing them and opening them up to critical analysis. Indeed, in contrast to most discussions on autopoiesis, it proposes a radically different reading of the theory, in line with critical legal, political, sociological, urban and ecological theories, while drawing from writings by Husserl and Derrida, as well as Latour, Blanchot, Haraway, Agamben and Nancy. It explores a range of topics in the areas of environmental law and urban geography, including: environmental risk, environmental rights, the precautionary principle, intergenerational equity and urban waste discourses on community, nature, science and identity. The author redefines the traditional foundations of environmental law and urban geography and suggests a radical way of dealing with scientific ignorance, cultural differences and environmental degradation within the perceived need for legal delivery of certainty.

This book is a detailed examination of whether domestic security measures are striking an appropriate balance between homeland security and civil liberties in the post-9/11 era.

Professor Paul Wilkinson and the other contributors assess the nature of UK responses to terrorism by key public and private-sector bodies, highlighting how these organizations can prevent, pre-empt, counter and manage terrorist attacks by using a matrix of factors such as types of terrorist networks, tactics and targets. The volume also compares and contrasts the UK's response with cognate states elsewhere in the EU and with the USA.

While improved intelligence has helped prevent a major Al Qaeda attack, the authors conclude that there is still a 'major question mark' over whether the country is adequately resourced to deal with an emergency situation, particularly in major cities other than London. The book also confirms that while the UK faces a 'real and serious' threat of terrorist attack by Al Qaeda, it is better prepared for an attack than other EU member states.

Homeland Security in the UK will be essential reading for all students of terrorism studies, security studies and politics, as well as by professional practitioners and well-informed general readers.