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.

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.

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.

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 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.

Can the law promote moral values even in pluralistic societies such as the United States? Drawing upon important federal legislation such as the Americans with Disabilities Act, legal scholar and moral theologian Cathleen Kaveny argues that it can. In conversation with thinkers as diverse as Thomas Aquinas, Pope John Paul II, and Joseph Raz, she argues that the law rightly promotes the values of autonomy and solidarity. At the same time, she cautions that wise lawmakers will not enact mandates that are too far out of step with the lived moral values of the actual community. According to Kaveny, the law is best understood as a moral teacher encouraging people to act virtuously, rather than a police officer requiring them to do so. In "Law's Virtues" Kaveny expertly applies this theoretical framework to the controversial moral-legal issues of abortion, genetics, and euthanasia. In addition, she proposes a moral analysis of the act of voting, in dialogue with the election guides issued by the US bishops. Moving beyond the culture wars, this bold and provocative volume proposes a vision of the relationship of law and morality that is realistic without being relativistic and optimistic without being utopian.

Can the Australian state be restructured to empower Aboriginal and Torres Strait Islander peoples and ensure that their distinct voices are heard in the processes of government? This book provides an answer to that question for Australia and provides guidance for all states that claim jurisdiction and authority over the traditional lands of Indigenous peoples. By engaging directly with Indigenous peoples' nuanced and complex aspirations, this book presents a viable model for structural reform. It does so by adopting a distinctive and innovative approach: drawing on Indigenous scholarship globally it presents a coherent and compelling account of Indigenous peoples' political aspirations through the concept of sovereignty. It then articulates those themes into a set of criteria legible to Australia's system of governance. This original perspective produces a culturally informed metric to assess institutional mechanisms and processes designed to empower Indigenous peoples. Reflecting the Uluru Statement from the Heart's call for a First Nations Voice, the book applies the criteria to one specific institutional mechanism - Indigenous representative bodies. It analyses in detail the Aboriginal and Torres Strait Islander Commission and the Swedish Sami Parliament, a representative body for the Indigenous people of Sweden. In examining the Sami Parliament the book draws on a rich source of primary and secondary untranslated Swedish-language sources, resulting in the most comprehensive English language exploration of this unique institution. Highlighting the opportunities and challenges of Indigenous representative bodies, the book concludes by presenting a novel and informed model for structural reform in Australia that meets Indigenous aspirations.

Public mistrust of those in authority and failings of public organisations frame disputes over attribution of responsibility between individuals and systems. Exemplified with examples, including the Aberfan disaster, the death of Baby P, and Mid Staffs Hospital, this book explores parallel conflicts over access to information and privacy. The Freedom of Information Act (FOIA) allows access to information about public organisations but can be in conflict with the Data Protection Act, protecting personal information. Exploring the use of the FOIA as a research tool, Sheaff offers a unique contribution to the development of sociological research methods, and debates connected to privacy and secrecy in the information age. This book will provide sociologists and social scientists with a fresh perspective on contemporary issues of power and control.

This work has two main themes. First, it investigates the impact of the relatively modern schemes for environmental protection regulation upon the more venerable regime of planning control under the Town and Country planning legislation. At its simplest, proposals for the development of land will usually involve numerous environmental policy considerations. There are issues here concerning demarcation, in particular as to how far environmental considerations should be relevant to the planning process.

This title was first published in 2002: Within Europe and beyond, foreign judgement enforcement is now an essential component for the development of international commerce. This indispensable volume traces and analyzes steps and procedures for the enforcement of foreign judgements in national courts, including summarizing the principles which are the preconditions for that enforcement.

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.

Published in 1997, an edited collection of essays by a group of international public interest scholars and activists that examines the role and function of the law school in developing, transmitting and understanding the use of law to bring about social change to the advantage of subordinated people. The book traces this influence from the early days of the law school and its induction of legal principles and client responsibilities, through training for practices in a variety of settings, including teaching, social action research, client empowerment programs, to the outer limits of law school in community legal education and awareness. An important and pioneering series of international case studies.

This book examines the notion of a law of obligations as a conceptual category in itself; and, in doing this, it presents the foundational material in a context that draws on some comparative and theoretical ideas while, at the same time, emphasising the special characteristics of the common law.

The book is specifically designed to act as an introduction to the legal research skills of reasoning and method. It also looks at the foundations of civil liability in a way that emphasises the interrelationship of source materials, problem solving and conceptual analysis and justification.

The aim of this book is to analyse media law in relation to specific areas,both in terms of its practical application and its theoretical framework. Part 1 concentrates on the regulation of media content and is largely written from a pro media point of view. Its central tenet is how far does the English media enjoy freedom of expression and the way in which that impacts on how the media operates. It considers how the Human Rights Act 1998 impacts on the media. Part 2 moves on to look at the regulation of the media industries as a whole. Part 3 focuses on day to day transactions for the media. In particular it focuses on provisions from typical media agreements and aims to provide a context for the law which has been outlined in Parts 1 and 2. The structure of this book bridges the gap between a traditional textbook and practitioner work and provides a book which will be of interest to law degree and LPC students and practitioners.

Exploring the main developments and challenges for the right to family life in the context of European integration, this book examines the right to family life in the EU Charter of Fundamental Rights and the interplay between family life, citizenship, and free movement; it analyzes the combined impact of the EU and the European Convention on Human Rights on the concept of the family protected by the law in light of recent case law. Considering the broadening understanding of what constitutes family, the challenges for the right to family life in the context of immigration, and the protection of families and social rights it provides a comprehensive overview of the current state of family life in the European Union.

This innovative text examines contemporary issues in youth justice in the light of the sweeping reforms introduced by the Crime and Disorder Act 1998 and the Youth Justice and Criminal Evidence Bill 1999.

It brings together current debates in both the practice and theory of youth justice intervention and, in the light of the governments inter-agency approach to the problem of youth criminality, provides an inter-disciplinary examination of these discussions. Including contributions from both academics, magistrates and social work practitioners, it is a useful text for students of criminology, law and social work, as well as a valuable resource for youth justice practitioners.

This book examines these cases from the perspective of statutory interpretation, the judge's primary function. The scrutiny finds the judgments technically flawed, overcomplicated, excessively long, and often unduly restrictive. As such, this book explains how the cases should have been resolved .

The Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to: Understand the law and remember the details using diagrams and tables throughout to demonstrate how the law fits together Contextualise your knowledge identifying and explaining how to apply legal principles for important cases providing cross-references and further reading to help you aim higher in essays and exams Avoid common misunderstandings and errors identifying common pitfalls students encounter in class and in assessment Reflect critically on the law identifying contentious areas that are up for debate and on which you will need to form an opinion Apply what you have learned in assessment presenting learning objectives that reflect typical assessment criteria providing sample essay and exam questions, supported by end-of chapter feedback The series is also supported by comprehensive online resources that allow you to track your progress during the run-up to exams.

First published in 1999, this volume examines how the challenge of defining and developing an effective structure of fundamental social rights for workers has long been a focus for debate at European level. Even before the emergence of the 1989 Charter of Fundamental Social Rights of Workers, proposals were being made to incorporate 'fundamental rights' provisions into the Treaties establishing the European Communities. Consequently, when a distinguished Comite des Sages produced its 1996 report For a Europe of Civic and Social Rights, the stage was set for intensive debate as to the way forward.

This book provides a clear, concise and highly accessible overview of the key aspects of criminal law doctrine as it applies in England and Wales. The content has been revised and updated, reflecting the constantly evolving nature of the subject.

During the late 1980s and early 1990s the city of San Francisco waged a war against the homeless. Over 1,000 arrests and citations where handed out by the police to activists for simply distributing free food in public parks. Why would a liberal city arrest activists helping the homeless? In exploring this question, the book treats the conflict between the city and activists as a unique opportunity to examine the contested nature of homelessness and public space while developing an anarchist alternative to liberal urban politics that is rooted in mutual aid, solidarity, and anti-capitalism. In addition to exploring theoretical and political issues related to gentrification, broken-windows policing, and anti-homeless laws, this book provides activists, students and scholars, examples of how anarchist homeless activists in San Francisco resisted these processes. This book is relevant to United Nations Sustainable Development Goal 2, Zero hunger. -- .

The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.

Routledge QandAs give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers that help you to: Plan your revision: introducing how best to approach revision in each subject Know what examiners are looking for: identifying and explaining the main elements of each question to help you understand the best approach providing marker annotation to show how examiners will read your answer Gain marks, and avoid common errors: identifying common pitfalls students encounter in class and in assessment providing revision advice to help you aim higher in essays and exams Understand and remember the law: using diagrams as overviews for each answer to demonstrate how the law fits together The series is also supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus QandAs and podcasts. www.routledge.com/cw/revision

What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance-punishment being the measured use of legally sanctioned violence and vengeance being a use of violence that has no measure-is expressed by the idea of "cruel and unusual punishment." This phrase was originally contained in the English Bill of Rights (1689). But it (and versions of it) has since found its way into numerous constitutions and declarations, including Article 5 of the Universal Declaration of Human Rights, as well as the Amendment to the US Constitution. Clearly, in order for the use of violence to be legitimate, it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not, and its application in punitive practice is constituted by a host of extra-legal factors and social and political structures. It is this essential contestability of the limit which distinguishes punishment from violence that this book addresses. And, including contributions from a range of internationally renowned scholars, it offers a plurality of original and important responses to the contemporary question of the relationship between punishment and the limits of law.