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Books > Law > Jurisprudence & general issues > Law & society

Unleashing Social Justice through EU Public Procurement (Paperback): Antoinette Calleja Unleashing Social Justice through EU Public Procurement (Paperback)
Antoinette Calleja
R1,122 R1,055 Discovery Miles 10 550 Save R67 (6%) Ships in 12 - 17 working days

The dramatic results of the 2014 European Parliament elections have highlighted the European Union's urgent need for a review of the scope and purpose of its social objectives and for a reordering of European priorities. This book advocates a radical and original alternative to the current philosophy that determines the set of rules for the awarding of EU public procurement contracts. It calls for a reordering of the EU's economic and social priorities. In doing so, it advocates for a social dimension to be placed at the core of public procurement, which could elicit a social model of integration in the EU in which the European citizen is the key actor. This is achieved through an analytical approach as well as concise and contextualised explanations relating to free trade theories, poverty and public interest theories. This book will be of key interest to students and scholars of the European Union, political theory, and EU law.

Spacing (in) Diaspora - Law, Literature and the Roma (Hardcover): Emma Patchett Spacing (in) Diaspora - Law, Literature and the Roma (Hardcover)
Emma Patchett
R3,733 Discovery Miles 37 330 Ships in 10 - 15 working days

This work attempts to counteract the essentialism of originary thinking in the contemporary era by providing a new reading of a relatively understudied corpus of literature from a ambivalently stereotyped diasporic group, in order to rethink and problematise the concept of diaspora as a spatial concept. As work situated in the Law-in-Literature movement, beyond the disciplinary boundaries of scholarship, this book aims to construct a 'literary jurisprudence' of diaspora space, deconstructing space in order to question what it means to be 'settled' in literary refractions of the lawscape by drawing on refractions of case law in a corpus of texts by Romani authors. These texts are used as hermeutic framings to draw unique spatio-temporal landscapes through which the reader can explore the refractive, reflective, interpretative conditions of legality as a crucible in which to theorise law.The radical intent of this work, therefore, is to deconstruct jurisprudential spatial order in order to theorize diaspora space, in the context of the Roma Diaspora. This work will offer readers new possibilities to re-imagine diaspora through law and literature and provides an innovative critical interdisciplinary analysis of the shaping of space.

Law and the Family in Ireland, 1800-1950 (Hardcover, 1st ed. 2017): Niamh Howlin, Kevin Costello Law and the Family in Ireland, 1800-1950 (Hardcover, 1st ed. 2017)
Niamh Howlin, Kevin Costello
R2,640 Discovery Miles 26 400 Ships in 10 - 15 working days

This multi-disciplinary study considers the intersection between law and family life in Ireland from the early nineteenth to the mid-twentieth century. Setting the law in its wider social historical context it traces marriage from its formation through to its breakdown. It considers the impact of the law on such issues as adultery, divorce, broken engagements, marriage settlements, pregnancy, adoption, property, domestic violence, concealment of birth and inter-family homicide, as well as the historical origins of the Constitutional protection of the family. An underlying theme is the way in which the law of the family in Ireland differed from the law of the family in England.

Mapping Paths to Family Justice - Resolving Family Disputes in Neoliberal Times (Hardcover, 1st ed. 2017): Anne Barlow,... Mapping Paths to Family Justice - Resolving Family Disputes in Neoliberal Times (Hardcover, 1st ed. 2017)
Anne Barlow, Rosemary Hunter, Janet Smithson, Jan Ewing
R3,941 Discovery Miles 39 410 Ships in 10 - 15 working days

The family justice system in England and Wales has undergone radical change over the past 20 years. A significant part of this shifting landscape has been an increasing emphasis on settling private family disputes out of court, which has been embraced by policy-makers, judges and practitioners alike and is promoted as an unqualified good. Mapping Paths to Family Justice: Resolving Family Disputes in Neoliberal Times examines the experiences of people taking part in out-of-court family dispute resolution in England and Wales. It addresses questions such as how participants' experiences match up to the ideal; how recent changes to the legal system have affected people's ability to access out-of-court dispute resolution; and what kind of outcomes are achieved in family dispute resolution. This book is the first study systematically to compare different forms of family dispute resolution. It explores people's experiences of solicitor negotiations, mediation and collaborative law empirically by analyzing findings from a nationally representative survey, individual in-depth interviews with parties and practitioners, and recorded family dispute resolution processes. It considers these in the context of ongoing neoliberal reforms to the family justice system, drawing out conclusions and implications for policy and practice.

Crisis, Agency, and Law in US Civil-Military Relations (Hardcover, 1st ed. 2017): Daniel Maurer Crisis, Agency, and Law in US Civil-Military Relations (Hardcover, 1st ed. 2017)
Daniel Maurer
R3,741 Discovery Miles 37 410 Ships in 10 - 15 working days

This book develops a responsible and practical method for evaluating the success, failure, or "crisis" of American civil-military relations among its political and uniformed elite. The author's premise is that currently there is no objectively fair way for the public at large or the strategic-level elites to assess whether the critical and often obscured relationships between Generals, Admirals, and Statesmen function as they ought to under the US constitutional system. By treating these relationships-in form and practice-as part of a wider principal (civilian)-agency (military) dynamic, the book tracks the "duties"-care, competence, diligence, confidentiality, scope of responsibility-and perceived shortcomings in the interactions between US civilian political authorities and their military advisors in both peacetime and in war.

Legal Violence and the Limits of the Law (Hardcover): Amy Swiffen, Joshua Nichols Legal Violence and the Limits of the Law (Hardcover)
Amy Swiffen, Joshua Nichols
R4,128 Discovery Miles 41 280 Ships in 12 - 17 working days

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.

Trans - When Ideology Meets Reality (Hardcover): Helen Joyce Trans - When Ideology Meets Reality (Hardcover)
Helen Joyce
R592 R482 Discovery Miles 4 820 Save R110 (19%) Ships in 9 - 15 working days

THE SUNDAY TIMES BESTSELLER and a Times, Spectator and Observer Book of the Year 2021 ‘In the first decade of this century, it was unthinkable that a gender-critical book could even be published by a prominent publishing house, let alone become a bestseller.’ Louise Perry, New Statesman ‘Thank goodness for Helen Joyce.’ Christina Patterson, Sunday Times ‘Reasonable, methodical, sane, and utterly unintimidated by extremist orthodoxy, Trans is a riveting read.’ Lionel Shriver ‘A tour de force.’ Evening Standard Biological sex is no longer accepted as a basic fact of life. It is forbidden to admit that female people sometimes need protection and privacy from male ones. In an analysis that is at once expert, sympathetic and urgent, Helen Joyce offers an antidote to the chaos and cancelling.

Law and Society Reconsidered - Special Issue (Hardcover): Austin Sarat Law and Society Reconsidered - Special Issue (Hardcover)
Austin Sarat
R3,328 Discovery Miles 33 280 Ships in 12 - 17 working days

This volume of "Studies in Law, Politics, and Society" presents a diverse array of interdisciplinary research. It contains articles by scholars from political science, sociology, and law. These articles examine the legal treatment of 'suspect' populations, the work of legal actors, and the works of various legal devices. Taken together the work published in this volume exemplifies the kind exciting and innovative work now being done by legal scholars from different disciplines. This book contains contributions from law and society scholars from political science, anthropology, sociology, and law and a comprehensive assessment of the state-of-the-field, its past, and its trajectory for the future.

The Judge and the Proportionate Use of Discretion - A Comparative Administrative Law Study (Paperback): Sofia Ranchordas,... The Judge and the Proportionate Use of Discretion - A Comparative Administrative Law Study (Paperback)
Sofia Ranchordas, Boudewijn de Waard
R1,469 Discovery Miles 14 690 Ships in 12 - 17 working days

This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review 'arbitrary and capricious' agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously 'sanction' the 'disproportionate' and/or unreasonable' use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordas and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law.

Studies in Law, Politics, and Society (Hardcover): Austin Sarat Studies in Law, Politics, and Society (Hardcover)
Austin Sarat
R3,328 Discovery Miles 33 280 Ships in 12 - 17 working days

"Studies in Law, Politics and Society" continues the tradition of annually publishing interdisciplinary research on law with a critical focus that was begun in Research in Law and Sociology and carried forward in Research in Law, Deviance and Social Control. The new title describes an expanded focus and a broader audience of legal scholars who study: the intersection of legal thought and consciousness and the development of legal practices and institutions; and the development of legal thought and practices. The research spans a wide range of law related subjects including law and inequality, feminist jurisprudence, racial oppression and law, legal institutions and communities, and the ways law is used by political authorities or by ordinary citizens. Legal scholarship produced from an historical, comparative or ethnographic perspective is of special interest. This book series is available electronically online.

The Reconstruction of the Juridico-Political - Affinity and Divergence in Hans Kelsen and Max Weber (Paperback): Ian Bryan,... The Reconstruction of the Juridico-Political - Affinity and Divergence in Hans Kelsen and Max Weber (Paperback)
Ian Bryan, Peter Langford, John McGarry
R1,521 Discovery Miles 15 210 Ships in 12 - 17 working days

Hans Kelsen and Max Weber are conventionally understood as the original proponents of two distinct and opposed processes of concept formation generating two separate and contrasting theoretical frameworks for the study of law. The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber contests the conventional understanding of the theoretical relationship between Kelsen's legal positivism and Weber's sociology of law. Utilising the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume analyse central points of affinity and divergence in the work of these two influential figures. Thus, the chapters collected in The Reconstruction of the Juridico-Political offer a comprehensive reconsideration of these affinities and divergences, through a comparison of their respective reconstruction of the notions of democracy, the State, legal rights and the character of law. From this reconsideration a more complex understanding of their theoretical relationship emerges combined with a renewed emphasis upon the continued contemporary relevance of the work of Kelsen and Weber.

Law, Culture, and Ritual - Disputing Systems in Cross-Cultural Context (Paperback, New Ed): Oscar G Chase Law, Culture, and Ritual - Disputing Systems in Cross-Cultural Context (Paperback, New Ed)
Oscar G Chase; Foreword by Jerome S. Bruner
R739 Discovery Miles 7 390 Ships in 12 - 17 working days

View the Table of Contents. Read the Introduction.

"Oscar G. Chase studies the American legal system in the manner of an anthropologist. By comparing American 'dispute ways' with those of other systems, including some commonly believed to be more 'primitive, ' he finds interesting similarities that challenge the premise that we live in a society regulated by a rational and just 'rule of law.'"
--"New York Law Journal"

"A witty and engaging endeavor. . . . A good contribution to our professional knowledge, and it is a must reading."
--"Law and Politics Book Review"

"After reading Law, Culture, and Ritual, no one could ever again think that our legal proceedings are nothing more than an efficient method of discovering truth and applying law. Oscar Chase effectively uses a comparative approach to help us to step back from our legal practices and see just how steeped in myths, rituals and traditions they are. Scholars will want to read this book for its contribution to comparative law, but everyone interested in American culture should read this book. Chase shows us that there is no separating law from culture: each informs and maintains the other. Law, Culture, and Ritual is a major step forward in the rapidly expanding field of the cultural study of law."
--Paul Kahn, author of "The Cultural Study of Law: Reconstructing Legal Scholarship"

"Having allowed ourselves to be convinced (wrongly) that we are the most litigious people in the world, Americans have become obsessed with finding (quick) cures. Oscar Chase's book sounds a salutary warning. By presenting striking comparative examples that shatter our parochialism, he forces us to examine the cultural roots ofdispute processes."
--Richard Abel, Connell Professor of Law, UCLA Law School

aLaw, Culture, and Ritual is a brave, wide-ranging book, deserving to generate discussion in a number of important directions.a
--"Civil Justice Quarterly"

Disputing systems are products of the societies in which they operate - they originate and mutate in response to disputes that are particular to specific social, cultural, and political contexts. Disputing procedures, therefore, are an important medium through which fundamental beliefs, values, and symbols of culture are communicated, preserved, and sometimes altered. In Law, Culture, and Ritual, Oscar G. Chase uses interdisciplinary scholarship to examine the cultural contexts of legal institutions, and presents several case studies to demonstrate that the processes used for resolving disputes have a cultural origin and impact.

Ranging from the dispute resolution practices of the Azande, a technologically simple, small-scale African society, to the rise of discretionary authority in civil litigation in America, Chase challenges the claims of some scholars that official dispute systems are more reflective of the interests and preferences of elite professionals than of the cultures in which they are embedded.

The State of Play - Law, Games, and Virtual Worlds (Paperback, New): Jack M. Balkin, Beth Simone Noveck The State of Play - Law, Games, and Virtual Worlds (Paperback, New)
Jack M. Balkin, Beth Simone Noveck
R800 Discovery Miles 8 000 Ships in 12 - 17 working days

View the Table of Contents.
Read the Introduction.

"This is a spectacular collection of essays on the present and future of virtual worlds. It's a perfect introduction for those who have yet to experience them, and more important, a thoughtful companion for those who do."
--Jonathan Zittrain, Oxford University

"The State of Play is an extremely comprehensive look into digital worlds and how those worlds are evolving cultures, changing lives, reshaping the way we think and communicate. If you want to understand where modern culture is headed and learn more about incredibly fascinating experiences taking place in virtual worlds, pick up and read this book now."
--Richard Garriott, a.k.a. Lord British, Creator of Ultima Online and Executive Producer, NCsoft

"These essays, by the best thinkers in their fields, will be read, debated, taught, and cited in court cases as we struggle to figure out how to live in a world which is part digital and part social, part real and part imaginary."
--Henry Jenkins, author of "Convergence Culture: Where Old and New Media Collide"

aIs useful and interesting for students of surveillance.a--"Surveillance & Society"

aWith diverse essays from game designers, social scientists and legal scholars, The State of Play is a provocative consideration of virtual jurisprudence.a
--"Paste Magazine"

aFor those who want to skip over the hype and dive into the issue, it is hard to imagine a better resource.a
--Cecily Deane Mak, Senior Counsel, Music at RealNetworks.

aReading The State of Play is an adventure. It is the first real step of a journey into the outer limits of the physical world and the inner realms of the virtualwithin the boundaries of societyas comfort zone. It is an exploratory glimpse into how digital worlds may change the future, reshape our own reflection, and challenge real-world laws.a
--"New York Law Journal"

a...traces the fate of playtime over the centuries.a
--"Slate.com"

The State of Play presents an essential first step in understanding how new digital worlds will change the future of our universe. Millions of people around the world inhabit virtual words: multiplayer online games where characters live, love, buy, trade, cheat, steal, and have every possible kind of adventure. Far more complicated and sophisticated than early video games, people now spend countless hours in virtual universes like Second Life and Star Wars Galaxies not to shoot space invaders but to create new identities, fall in love, build cities, make rules, and break them.

As digital worlds become increasingly powerful and lifelike, people will employ them for countless real-world purposes, including commerce, education, medicine, law enforcement, and military training. Inevitably, real-world law will regulate them. But should virtual worlds be fully integrated into our real-world legal system or should they be treated as separate jurisdictions with their own forms of dispute resolution? What rules should govern virtual communities? Should the law step in to protect property rights when virtual items are destroyed or stolen?

These questions, and many more, are considered in The State of Play, where legal experts, game designers, and policymakers explore the boundaries of free speech, intellectual property, and creativity in virtual worlds. The essays explore both the emergence of law inmultiplayer online games and how we can use virtual worlds to study real-world social interactions and test real-world laws.

Contributors include: Jack M. Balkin, Richard A. Bartle, Yochai Benkler, Caroline Bradley, Edward Castronova, Susan P. Crawford, Julian Dibbell, A. Michael Froomkin, James Grimmelmann, David R. Johnson, Dan Hunter, Raph Koster, F. Gregory Lastowka, Beth Simone Noveck, Cory Ondrejka, Tracy Spaight, and Tal Zarsky.

Transitional Justice in Practice - Conflict, Justice, and Reconciliation in the Solomon Islands (Hardcover, 1st ed. 2017):... Transitional Justice in Practice - Conflict, Justice, and Reconciliation in the Solomon Islands (Hardcover, 1st ed. 2017)
Renee Jeffery
R5,397 Discovery Miles 53 970 Ships in 10 - 15 working days

This book examines the practice of transitional justice in the Solomon Islands from the period of the 'The Tensions' to the present. In late 1998, the Solomon Islands were plunged into a period of violent civil conflict precipitated by a complex web of grievances, injustices, ethnic tensions, and economic insecurities. This conflict dragged on until the middle of 2003, leaving an estimated 200 people dead and more than 20 000 displaced from their homes. In the time that has elapsed since the end of The Tensions, numerous-at times incompatible-approaches to transitional justice have been implemented in the Solomon Islands. The contributors to this volume examine how key global trends and debates about transitional justice were played out in the Solomon Islands, how its key mechanisms were adapted to meet the specific demands of post-conflict justice in this local context, and how well its practices and processes fulfilled their perceived functions.

Privacy and the American Constitution - New Rights Through Interpretation of an Old Text (Hardcover, 1st ed. 2016): William C.... Privacy and the American Constitution - New Rights Through Interpretation of an Old Text (Hardcover, 1st ed. 2016)
William C. Heffernan
R4,571 Discovery Miles 45 710 Ships in 10 - 15 working days

This book explains a paradox in American constitutional law: how a right not discussed during the ratification debates at Philadelphia and not mentioned in the text has become a core component of modern freedom. Rather, privacy is a constitutional afterthought that has gained force through modern interpretations of an old text. Heffernan defends privacy rights against originalist objections to its inclusion in modern constitutional doctrine, analyzes the structure of privacy claims, and provides a blueprint for protecting privacy against government incursion. The book will appeal to a wide audience of students and researchers of criminal procedure, constitutional history, law-and-society, and sociology of law. Lawyers will find this book extremely valuable in addressing the statutory issues associated with modern privacy law. At last, a book about constitutional interpretation that speaks plain English and makes sense. It's the best work I know on the subject, yet that subject is not the one it's mostly about. The book mostly tells the story of the constitutional right to privacy and how it emerged from provisions that at the outset were not much about privacy at all. On that subject, the book is definitive. It's also fascinating, probing, engaging, insightful, and wonderfully presented. Privacy and the American Constitution is a stellar contribution to knowledge. Albert W. Alschuler, Julius Kreeger of Law and Criminology, Emeritus, University of Chicago A powerful and innovate contribution to constitutional law. Not only does Heffernan offer us a fascinating and persuasive account of how modern constitutional rights grew out of the personal space offered to us in an earlier era, he also explains why privacy rights deserve the newfound importance they have in our modern jurisprudence, based upon the same Madisonian approach to constitutional interpretation that justifies other central parts of modern constitutional law. Marc Jonathan Blitz, Alan Joseph Bennett Professor of Law, Oklahoma City University School of Law

Social Networks as the New Frontier of Terrorism - #Terror (Hardcover): Laura Scaife Social Networks as the New Frontier of Terrorism - #Terror (Hardcover)
Laura Scaife
R4,581 Discovery Miles 45 810 Ships in 12 - 17 working days

Terrorism. Why does this word grab our attention so? Propaganda machines have adopted modern technology as a means to always have their content available. Regardless of the hour or time zone, information is being shared by somebody, somewhere. Social media is a game changer influencing the way in which terror groups are changing their tactics and also how their acts of terror are perceived by the members of the public they intend to influence. This book explores how social media adoption by terrorists interacts with privacy law, freedom of expression, data protection and surveillance legislation through an exploration of the fascinating primary resources themselves, covering everything from the Snowden Leaks, the rise of ISIS to Charlie Hebdo. The book also covers lesser worn paths such as the travel guide that proudly boasts that you can get Bounty and Twix bars mid-conflict, and the best local hair salons for jihadi brides. These vignettes, amongst the many others explored in this volume bring to life the legal, policy and ethical debates considered in this volume, representing an important part in the development of understanding terrorist narratives on social media, by framing the legislative debate. This book represents an invaluable guide for lawyers, government bodies, the defence services, academics, students and businesses.

The Future of the Professions - How Technology Will Transform the Work of Human Experts, Updated Edition (Paperback): Richard... The Future of the Professions - How Technology Will Transform the Work of Human Experts, Updated Edition (Paperback)
Richard Susskind, Daniel Susskind
R360 R298 Discovery Miles 2 980 Save R62 (17%) Ships in 9 - 15 working days

This book predicts the decline of today's professions and introduces the people and systems that will replace them. In an internet-enhanced society, according to Richard Susskind and Daniel Susskind, we will neither need nor want doctors, teachers, accountants, architects, the clergy, consultants, lawyers, and many others, to work as they did in the 20th century. The Future of the Professions explains how increasingly capable technologies - from telepresence to artificial intelligence - will place the 'practical expertise' of the finest specialists at the fingertips of everyone, often at no or low cost and without face-to-face interaction. The authors challenge the 'grand bargain' - the arrangement that grants various monopolies to today's professionals. They argue that our current professions are antiquated, opaque and no longer affordable, and that the expertise of their best is enjoyed only by a few. In their place, they propose five new models for producing and distributing expertise in society. The book raises profound policy issues, not least about employment (they envisage a new generation of 'open-collared workers') and about control over online expertise (they warn of new 'gatekeepers') - in an era when machines become more capable than human beings at most tasks. With a new preface exploring recent critical developments, this updated edition builds on the authors' groundbreaking research into more than a dozen professions. Illustrated with numerous examples from each, this is the first book to assess and question the relevance of the professions in the 21st century.

Normativity in Legal Sociology - Methodological Reflections on Law and Regulation in Late Modernity (Paperback, Softcover... Normativity in Legal Sociology - Methodological Reflections on Law and Regulation in Late Modernity (Paperback, Softcover reprint of the original 1st ed. 2015)
Reza Banakar
R4,352 Discovery Miles 43 520 Ships in 10 - 15 working days

The field of socio-legal research has encountered three fundamental challenges over the last three decades – it has been criticized for paying insufficient attention to legal doctrine, for failing to develop a sound theoretical foundation and for not keeping pace with the effects of the increasing globalization and internationalization of law, state and society. This book examines these three challenges from a methodological standpoint. It addresses the first two by demonstrating that legal sociology has much to say about justice as a kind of social experience and has always engaged theoretically with forms of normativity, albeit on its own empirical terms rather than on legal theory’s analytical terms. The book then explores the third challenge, a result of the changing nature of society, by highlighting the move from the industrial relations of early modernity to the post-industrial conditions of late modernity, an age dominated by information technology. It poses the question whether socio-legal research has sufficiently reassessed its own theoretical premises regarding the relationship between law, state and society, so as to grasp the new social and cultural forms of organization specific to the twenty-first century’s global societies.

The Supreme Court and the Development of Law - Through the Prism of Prisoners' Rights (Hardcover, 1st ed. 2016):... The Supreme Court and the Development of Law - Through the Prism of Prisoners' Rights (Hardcover, 1st ed. 2016)
Christopher E. Smith
R2,351 Discovery Miles 23 510 Ships in 10 - 15 working days

This book illuminates the decision-making processes of the US Supreme court through an examination of several prisoners' rights cases. In 1964, the Supreme Court declined to hear prisoners' claims about religious freedom. In 2014, the Supreme Court heard a case that led to the justices' unanimous endorsement of a Muslim prisoner's religious right to grow a beard despite objections from prison officials. In the fifty-year span between those two events, the Supreme Court developed the law concerning rights for imprisoned offenders. As demonstrated in this book, the factors that shape Supreme Court decision making are well-illustrated by prisoners' rights cases. This area of law illuminates competing approaches to constitutional interpretation, behind-the-scenes interactions among the justices, and the manipulation of legal precedents. External actors also affect the Supreme Court and its decisions when the president appoints new justices and Congress targets the judiciary with legislative enactments. Because of the controversial nature of prisoners' rights issues, these cases serve to illuminate the full array of influences over Supreme Court decision making.

Legal Approaches and Corporate Social Responsibility - Towards a Llewellyn's Law-Jobs Approach (Hardcover): Adaeze Okoye Legal Approaches and Corporate Social Responsibility - Towards a Llewellyn's Law-Jobs Approach (Hardcover)
Adaeze Okoye
R4,595 Discovery Miles 45 950 Ships in 12 - 17 working days

From the late 20th Century, a catalogue of high profile disasters and controversies has drawn attention to the changing relationship between corporations and society. This is taking place against the context of globalisation and this change has become the driving force for demands that corporations become socially responsible. Corporate social responsibility (CSR) has therefore emerged as a concept which attempts to encapsulate these demands for social responsibility. Yet at the heart of CSR is the debate about the role and relevance of law. This book will explore the proposition that CSR is a valid legal enquiry and will suggest a law-jobs approach which offers a potential general analytical perspective for examining such fluid concepts such as CSR in law. This approach is innovative because of the insistence of some users of CSR on placing law outside the parameters of CSR or giving it a very limited role; however, Okoye argues here that the very nature of CSR as seeking legitimacy for corporate power pushes to the fore the question of what role law can play. Law is an essential and important aspect of legitimacy and thus this work explores a legal theoretical approach that holds potential for a legal framework of CSR. This interdisciplinary book will be of great interest to students and scholars of corporate law and business studies in general.

Family Law and Society in Europe from the Middle Ages to the Contemporary Era (Hardcover, 1st ed. 2016): Maria Gigliola di... Family Law and Society in Europe from the Middle Ages to the Contemporary Era (Hardcover, 1st ed. 2016)
Maria Gigliola di Renzo Villata
R6,149 Discovery Miles 61 490 Ships in 10 - 15 working days

This volume addresses the study of family law and society in Europe, from medieval to contemporary ages. It examines the topic from a legal and social point of view. Furthermore, it investigates those aspects of the new family legal history that have not commonly been examined in depth by legal historians. The volume provides a new 'global' interpretative key of the development of family law in Europe. It presents essays about family and the Christian influence, family and criminal law, family and civil liability, filiation (legitimate, natural and adopted children), and family and children labour law. In addition, it explores specific topics related to marriage, such as the matrimonial property regime from a European comparative perspective, and impediments to marriage, such as bigamy. The book also addresses topics including family, society and European juridical science.

Internet Child Pornography and the Law - National and International Responses (Paperback): Yaman Akdeniz Internet Child Pornography and the Law - National and International Responses (Paperback)
Yaman Akdeniz
R1,592 Discovery Miles 15 920 Ships in 12 - 17 working days

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.

Nothing But The Truth - The Memoir of an Unlikely Lawyer (Paperback): The Secret Barrister Nothing But The Truth - The Memoir of an Unlikely Lawyer (Paperback)
The Secret Barrister
R380 R297 Discovery Miles 2 970 Save R83 (22%) Ships in 5 - 10 working days

Just how do you become a barrister? And why do only 1 per cent of those who study law succeed in joining this mysteriously opaque profession? If it's such a great occupation, how come you work 100-hour weeks for less than minimum wage? And why might a practising barrister come to feel the need to reveal the lies, secrets, failures and crises at the heart of this world of wigs and gowns? Nothing But The Truth charts an outsider's progress down the winding path towards practising at the Bar, taking in the sometimes absurd traditions of the Inns of Court, where every meal mandates a glass of port and a toast to the Queen, to the Hunger Games-type contest for pupillage, through the endlessly frustrating experience of being a junior barrister - as a creaking, ailing justice system begins to convince them that something has to change . . . Full of hilarious, shocking, and surprising stories from their working life, Nothing But The Truth tracks the Secret Barrister's transformation from hang 'em and flog 'em, austerity-supporting twenty-something to campaigning, bestselling, reforming author whose writing in defence of the law is celebrated around the globe. It asks questions about what we understand by justice, and what it takes to change our minds. It also reveals the darker side of working in criminal law, and how the things our justice system gets wrong are not the things most people expect. Praise for the Secret Barrister . . . 'Dishes the dirt - or serves up a slice of reality - on what barristers do' - The Times 'An illuminating and timely insight into the legal system . . . fascinating' - Sunday Express 'Excellent . . . at once a vicious polemic, a helpful primer and a cringe-inducing account of one barrister's travails' - Daily Telegraph

Practising Critical Reflection to Develop Emancipatory Change - Challenging the Legal Response to Sexual Assault (Paperback):... Practising Critical Reflection to Develop Emancipatory Change - Challenging the Legal Response to Sexual Assault (Paperback)
Christine Morley
R1,566 Discovery Miles 15 660 Ships in 12 - 17 working days

Overwhelmingly, critical practitioners working across a range of human service fields, who are committed to emancipatory and progressive social change ideals, report feeling powerless, alienated from the means of change, and hopeless about their capacities to make a difference in the lives of the individuals, groups or communities with whom they work because of restrictive contexts that ultimately determine the nature and parameters of their work. This ground-breaking book addresses this dilemma by demonstrating how critical reflection as an educational tool enables practitioners to envision possibilities for change. The legal system, particularly in its response to sexual assault provides a perfect example of this type of context and this volume explores the work of sexual assault practitioners that are engaged in supporting victims/survivors of sexual assault through the legal process. By reshaping ideas that have previously been considered as predominantly theoretical and abstract, Morley's work provides an innovative framework that enables social work and human services practitioners to find hope, agency and practical strategies to work towards change, despite operating in contexts that appear immutably oppressive.

Advances in Psychology and Law - Volume 1 (Hardcover, 1st ed. 2016): Monica K Miller, Brian H. Bornstein Advances in Psychology and Law - Volume 1 (Hardcover, 1st ed. 2016)
Monica K Miller, Brian H. Bornstein
R4,078 Discovery Miles 40 780 Ships in 10 - 15 working days

This first volume of an exciting annual series presents important new developments in the psychology behind issues in the law and its applications. Psychological theory is used to explore why many current legal policies and procedures can be ineffective or counterproductive, with special emphasis on new findings on how witnesses, jurors, and suspects may be influenced, sometimes leading to injustice. Expert scholars make recommendations for improvements, suggesting both future directions for research inquiries on topics and needed policy changes. Topics included in this initial offering have rarely been considered in such an in-depth fashion or are in need of serious re-thinking: Interrogation of minority suspects: pathways to true and false confessions. A comprehensive evaluation of showups. The weapon focus effect for person identifications and descriptions. The psychology of criminal jury instructions. Structured risk assessment and legal decision making. Children's participation in legal proceedings: stress, coping, and consequences. Sex offender policy and prevention. The psychology of tort law. Demonstrating the scope and rigor that will characterize the series, Volume 1 of Advances in Psychology and Law will interest psychology and legal experts as well as practicing psychologists, and will inspire fresh thinking as the two fields continue to interact.

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