Author Biography:
Amitava Kumar was born in Patna, India. He is Associate Professor of English at Pennsylvania State University. A writer and poet, he is the author, most recently, of Bombay-London-New York, also published by Routledge.

This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs' point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China's behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.

Provides students with a comprehensive guide to the main constitutional, institutional, and substantive features of EU law. This book incorporates extracts from the Treaties and the case law of the Community Courts, together with a variety of materials from legal and other sources, which set the law in its political, economic, and social context.

Quasi-Policing provides an insight into the increasing use of civilians performing police and other public protection duties. Civilians are now significantly involved in airport security, the escorting of prisoners, court security, the management and security of custodial institutions, the execution of certain arrest warrants and the security of the Channel Tunnel. These security operatives have been given special powers under statute including specific powers to search persons, enter premises, search property and to temporarily retain certain articles. available to civilians directly employed by police authorities. The 2002 Act also enables private security companies to contract out escort officers and detention officers to police forces. The distinction between public policing and the private security sector will be even harder to identify. performing public protection duties. It then describes the powers and duties of civilians who are part of the extended police family under the Police Reform Act. Anomalies in these legal provisions are identified and discussed. Private Security Industry Act 2001, and Part 4, Chapter 1 and Schedules 4 and 5 of the Police Reform Act 2002. reference for the Police Service, the Prison Service, criminal lawyers, local authorities, and students on criminal law, criminal justice and human rights courses.

This book provides an introduction to the Austrian state,legal system and laws. It provides a guide to a number of areas of Austrian substantive law, concentrating on the most important areas of public and private law. The book considers in depth, the historical, political, social and economic aspects of the Austrian State to give more background for those coming afresh to Austrian studies. This book will appeal to academic comparative lawyers across a range of disciplines and academics who require fundamental information on the Austrian state and legal systems. It will make attractive supplementary reading on comparative law courses, especially for those students spending a third year in Austria. It will also prove useful for politics and economics or multidisciplinary studies students who study Austria either directly or for comparison with other countries.

Drawing on biographical interviews collected from individuals with either mobility or visual impairments in France, this book analyzes the reception of disability policies in the fields of education, employment, social rights and accessibility. It demonstrates that the rights associated with disability suffer from major implementation flaws, while shedding light on the very active role of disabled citizens in the realization of their rights.

A poignant account of everyday polygamy and what its regulation reveals about who is viewed as an "Other" In the past thirty years, polygamy has become a flashpoint of conflict as Western governments attempt to regulate certain cultural and religious practices that challenge seemingly central principles of family and justice. In Forbidden Intimacies, Melanie Heath comparatively investigates the regulation of polygamy in the United States, Canada, France, and Mayotte. Drawing on a wealth of ethnographic and archival sources, Heath uncovers the ways in which intimacies framed as "other" and "offensive" serve to define the very limits of Western tolerance. These regulation efforts, counterintuitively, allow the flourishing of polygamies on the ground. The case studies illustrate a continuum of justice, in which some groups, like white fundamentalist Mormons in the U.S., organize to fight against the prohibition of their families' existence, whereas African migrants in France face racialized discrimination in addition to rigid migration policies. The matrix of legal and social contexts, informed by gender, race, sexuality, and class, shapes the everyday experiences of these relationships. Heath uses the term "labyrinthine love" to conceptualize the complex ways individuals negotiate different kinds of relationships, ranging from romantic to coercive. What unites these families is the secrecy in which they must operate. As government intervention erodes their abilities to secure housing, welfare, work, and even protection from abuse, Heath exposes the huge variety of intimacies, and the power they hold to challenge heteronormative, Western ideals of love.

This volume of Studies in Law, Politics and Society brings together an international and interdisciplinary array of scholars to explore issues on the cutting edge of socio-legal research. They consider the complex connections of liberal democracy, human rights, governance in and through courts, the challenges terrorism poses to criminal law, and the problematics of global governance. Taken together, the chapters in this volume point to exciting new directions for legal scholars.

The volume contains ten articles, including a penetrating analysis of the application of Jewish price fraud law to the workings of the present-day marketplace. Diverse in their scope and focus, the articles address legal, historical, textual, comparative and conceptual questions.
The volume concludes with a survey of recent literature on biblical and Jewish law, and a chronicle section, which discusses recent Israeli and American court cases involving issues where Jewish law is of particular relevance, thereby making the Annual a journal of record.

This book explores the historical inter-relations between international law and revolution, with a focus on how international anti-capitalist struggle plays out through law. The book approaches the topic by analysing the meaning of revolution and what revolutionary activity might look like, before comparing this with legal activity, to assess the basic compatibility between the two. It then moves on to examine two prominent examples of revolutionary movements engaging with international law from the twentieth century; the early Soviet Union and the Third World movement in the nineteen sixties and seventies. The book proposes that the 'form of law', or its base logic, is rooted in capitalist social relations of private property and contract, and that therefore the law is a particularly inhospitable place to advance revolutionary breaks with established distributions of power or wealth. This does not mean that the law is irrelevant to revolutionaries, but that turning to legal means comes with tendencies towards conservative outcomes. In the light of this, the book considers the possibility of how, or whether, international law might contribute to the pursuit of a more egalitarian future. International Law and Revolution fills a significant gap in the field of international legal theory by offering a deep theoretical reflection on the meaning of the concept of revolution for the twenty-first century, and its link to the international legal system. It develops the commodity form theory of law as applied to international law, and explores the limits of law for progressive social struggle, informed by historical analysis. It will therefore appeal to students and scholars of public international law, legal history, human rights, international politics and political history.

Taking a broad view of social theory, this book demonstrates the importance of this theory for the study of contemporary law. Through studies of the work of Weber, Durkheim, Gurvitch, Habermas, Luhmann, Derrida, Bourdieu, Foucault, Schmitt, Neumann and others, the essays address such fundamental topics as the changing forms of regulation, law's relations with morals and beliefs, law and democracy and prospects for the rule of law in the context of globalisation.

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.

This work examines how the Holocaust is represented in fiction for children and young adults. Kokkola takes on the perspective of the contemporary child, who lacks personal knowledge of the Holocaust, and explores how the unspeakable can be represented for young readers. She also questions why children want to read Holocaust Fiction and how they negotiate the boundary between fact and fiction.

Understanding Criminal Law clarifies a subject which students often find somewhat difficult and confusing. This difficulty stems partly from the rapid changes which criminal law undergoes, through frequent statutory amendments and judicial decisions, but more importantly from the sheer complexity of the subject matter. This book provides a clear and concise text for those studying traditional black-letter substantive criminal law. The author takes a logical and straightforward approach, specifically designed to enable the reader to quickly master the basic principles and ensure examination success. Emphasis is given to major case law, relevant statutory provisions and writings of academic commentators. In selected areas the book evaluates the law and suggests possible reforms; this evaluative aspect is intended to stimulate the reader to think more critically about the subject without engendering confusion about basic principles. Although designed primarily for full-time undergraduate LLB students, the book should also prove useful for those studying criminal law on part-time courses, as well as those on Diploma in Law courses, and students of A and AS Level Law. It is also ideal for the study of criminal law on modular courses and joint degrees.

Legal skills are an important and increasing part of undergraduate law degrees as well as postgraduate vocational law courses. This fully updated fourth edition continues to bring together the theory and practice of these skills in an accessible and practical context. The authors draw on their experience of teaching and of law in practice to develop the core skills taught on both undergraduate and postgraduate courses. Skills covered include: * written communication; * mediation; * opinion writing; * drafting; * advocacy; * interviewing; * negotiation; * legal research. The text also considers the professional and ethical context of legal practice, provides an insight into the legal services landscape as well as offering valuable careers advice. Diagrams and flow charts help to explain and develop each skill and each chapter ends with suggestions for further reading. A Practical Guide to Lawyering Skills is essential reading for all undergraduate and vocational law students seeking to develop the necessary skills to work successfully with law in the twenty-first century.

This third selection of articles by Robert Feenstra complements the two previously published, continuing his studies of doctrines of private law and of texts related to university teaching from the 13th century into the early modern period. In the section on private law, some pieces deal with the Middle Ages, while others focus on Hugo Grotius. Property is again an important topic, but this time joined by legal personality (foundations) and negligence (vicarious liability included). The studies on the history of texts are mainly concerned with works dating from the 14th and 15th centuries. One is devoted to a little-known civil law teacher at the University of Orleans and his commentary on a part of the Digest. The four others deal with treatises belonging to the so-called 'vulgarisation' of the 'droit savant' (medieval Roman and Canon law); most of these include important contributions to the history of early printing (incunabula and post-incunabula). Cette troisieme selection d'articles de Robert Feenstra complete les deux precedentes; elle constitue la suite de ses etudes sur les doctrines de droit prive et sur des textes se rapportant A l'enseignement universitaire du XIIIe jusqu'au XVIIIe siecle. Dans la section consacree au droit prive, quelques articles s'occupent en premier lieu du moyen Acge, d'autres focalisent sur Hugo Grotius. La propriete est de nouveau un sujet important, mais elle se trouve en compagnie de la personnalite juridique (notamment par rapport aux fondations) et de la responsabilite civile (y compris la responsabilite du fait d'autrui). Les etudes sur l'histoire des textes concernent surtout quelques ouvrages du XIVe et du XVe siecle. La premiere est consacree A un professeur de droit civil peu connu de l'universite d'Orleans et A son commentaire sur l'une des trois parties du Digeste. Les quatre autres s'occupent de traites appartenant A la "vulgarisation" du droit savant (droit romain et droit canonique au moye

First published in 1999, this book focuses on the new role of private law in late modernity. It analyses the pressures for changes in this area of law due to the present processes of privatisation and marketisation. The perspective is welfarist: in what ways and to what extent can the welfare state expectations of the citizens be defended through private law mechanisms when state-offered security is diminishing? Which alternatives are available when developing private law? The questions are discussed against the background of theories concerning important features of late modern society, for example consumerism, risk, information, globalisation and fragmentation. Several fields of private law are analysed, such as private law theory, tort and liability law, contract law and credit law as well as access to justice issues. The approach is comparative, including analyses of both common law and continental law.

This title was first published in 2001. The case of Lawless v Ireland is a landmark in the development of human rights jurisprudence. Stemming from the introduction of detention without trial by the Irish government in response to the resurgence of political violence, much of the material relevant to the case brought before the European Court of Human Rights, has remained closed to public scrutiny. This book is the first to provide a detailed documentary of the case, assessing the adequacy of the investigatory processes provided under the European Convention and questioning whether the factual conclusions reached by the European Commission on Human Rights were correct. In what will be an essential reference for academics and students of human rights, the book raises doubts as to whether the Strasbourg institutions, established to rectify national breaches of human rights, might in fact have perpetrated an international miscarriage of justice.

First published in 1997, this volume provides the reader from a common law background with an introduction to the Legal System and basic private law institutions of contemporary Italy. It aims to afford a basic understanding, rather than a detailed presentation, of Italian law, through an appreciation of its historical development within the civil law tradition and its place in that family of legal systems descended from Roman law. Having described Italy's place in European legal history and identified the main features of civil law systems generally, it examines the structure of the modern Italian State, its legislative process. Constitution, legal professions and systems of civil, criminal and administrative justice. The last third is devoted to private law, in particular the law relating to the family, property, contracts and civil wrongs, particular attention being paid to differences between the civil and common law approaches to these subjects. It is a readable, lucid and systematic account of its subject.

First published in 1998, this volume contains essays from leading thinkers on both sides of the Atlantic on the relationship between law and science. Science plays an ever-increasing part in the development of legislation and the adjudication of cases. Its limitations and its value are explored in these essays which discuss issues of methodology and of evidence. Amongst areas covered are silicone breast implants, the rape trauma syndrome, the environment, inventions and Bayesianism.

First published in 1998, this volume aims to draw attention to an ongoing shift in the perception of law, which is now increasingly understood as a cultural and historical phenomenon. As other such phenomena - like music, literature, or art - it is acknowledged that it is created in a specific environment, on which it is dependent for its functioning and interpretation. The historical aspects of love in a European and Nordic context are underlined, as well as the modern understanding of love and law as incompatible and contrasting concepts. Developments within the European Union and especially the relation of the EU to so called third country nationals and immigrants demonstrate that the problematic concerning law and love is not only one of legal philosophy but also of legal and everyday reality. The claim that love has been specifically 'European' is discarded as Eurocentrist, and the need for more particular emotions and a more pragmatic approach to romantic feelings, for a 'reasonable love' is discussed from legal, feminist and philosophical perspectives.

First published in 1999, this volume is a series of essays on the countries of Central Europe. The essays explore the post-1989 establishment of the rule of law and civil society. It brings together analysis and perceptions from social scientists, political scientists and lawyers, seeking through particular issues to explore the similarities and differences between different countries. While other books have explored the changes in former Soviet Block countries since 1989, the book's distinctiveness lies in three qualities: its concentration on Central Europe a concept explored in the book; giving fuller attention to the Czech Republic and Slovakia than other post-communist studies often do; providing perceptions of scholars from different disciplines.

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, chapters examine a diverse range of legal issues and their impact on and intersections with society. This volume features a special section with papers dedicated to law and disability. The chapters examine issues of HIV, obesity, disability rights, assisted suicide and prenatal testing. Other papers included in this important volume address the right to education for migrant children in the United States and the rights to citizenship of British children. This volume brings together leading scholars and will be vital reading for all those researching in this subject area.

First published in 1998, this volume seeks to examine a range of policing techniques which are new, if not in their conception, then at least in their importance to the form of police enquiries in the late 20th century. Some of them are beginning to be discussed under categories of 'proactive' or 'covert' policing: others are termed 'technological' because they depend intimately on the development of the new information technologies. In much of Western Europe and North America the nature of police investigative methods is being transformed. At the centre of these developments are three main trends. First, there is the increasing use of covert intelligence-gathering techniques such as participating informers, police undercover operations and surveillance proactively targeted at 'suspicious' individuals or networks. Secondly, there is the development of increasingly sophisticated information gathering and processing technologies (DNA) and fingerprint data bases, general intelligence storage systems, computer analysis of open source data, the Internet). Lastly there is an extending exploitation of powers to compel private individuals and companies to provide the state with information about themselves and third parties (including the use of information originally supplied to the state for purposes other than criminal investigation). This book argues that in different ways these trends represent a new invasion of the private sphere by investigative methods and a new challenge for traditional mechanisms for rendering the state's policing accountable such as the trial, the judge and the defence lawyer. Bringing together contributions from sociologists and lawyers in Western Europe and North America, it surveys these developments, considers the regulatory options for their control and their implications for legal principles of privacy and due process.

The European Neighbourhood Policy (ENP) has evolved into one of the European Union's major foreign policy instruments and received considerable attention. However, other EU neighbourhood policies, and their relevance for the ENP, also require examination. The Arab uprisings, civil wars in Libya and Syria, the continuing Israeli-Palestinian conflict, the crisis in Ukraine and Russia's annexation of the Crimean peninsula have all brought the institutional design and tools of the ENP into question and a comparative perspective is crucial to understand EU neighbourhood policies in a wider sense. This timely book puts the ENP into context by exploring the major challenges and key lessons of the EU's other policy frameworks with neighbouring countries. Mapping the EU's bi-lateral and multilateral neighbourhood relations in comparison to the ENP and investigating the major challenges faced, it provides a comprehensive, up-to-date view of the EU's relations with its neighbours. Focusing on current affairs and future challenges, the comparison with the ENP and the lessons to be drawn, generate novel insights into the EU's closest external relations. This book will be of key interest to students and scholars studying European Politics, policies and comparative politics.