Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. Examining the limits of liberal legal thought in light of a contemporary plurality of ethnic identifications and religious beliefs, Prakash Shah takes up the case for a 'legal pluralism' that views ethnic minority laws in interaction with the official British legal order. This form of legal pluralism is not, however, without conflict. This book pursues a series of case studies that critically consider why and how state laws marginalise ethnic minority legal orders. Legal Pluralism in Conflict contains discussions of the recognition of polygamous marriages, homicide, the expertise provided in immigration cases and the legal discourse of nationality. It is in this engagement with some of the most challenging issues posed by the diverse character of modern society that its author sets out an alternative course for ethnic minority legal studies. Legal Pluralism in Conflict will be invaluable to students and researchers concerned with law's relationship to and treatment of ethnic and religious diversity, as well as to those with wider interests in the limits and possibilities of political pluralism.

Demonstrating how users of law, who often operate in multi-sited situations, are forced to deal with increasingly complex legal circumstances, this volume focuses on political and social processes through which people appropriate, use and create legal forms in multiple legal settings. It provides new insights into social and political processes through which transnational law is locally appropriated by different actors and presents empirical studies of confrontation, adaptation, vernacularization and hybridization of law due to its transplantation across the borders of national states. The contributors offer insights into modern dynamics of legal change, challenging assumptions about increasing homogeneity in law, with a keen eye for the historical situations in which current legal changes stand.

This book demonstrates that law can be newly interrogated when examined through the lens of literature. The book creates simple pathways which energise and illustrate the links between legal theory and legal science and doctrine through the wider visions of history, literature and culture. This broadening approach is integral to understanding law in the context of wider debates and media in the community. The book provides a collection of essays, with additional commentary which reflects upon very recent scholarship and debate on a range of ethico-legal topics; it also illustrates how conventional legal matters may be rendered lively and palatable, as an adjunct to approaching doctrine and cases 'cold' in the conventional textbook manner. The chapters range from examination of current thought on cohabitation and marriage laws (via Jude the Obscure), 19th century medico-legal cases relevant to current narratives of insanity in women and the nature and status of expert evidence generally; assisted suicide and autonomy (via a poem by Jon Stallworthy) to an essay on the nature of race and ethnicity (via a poem by R S Thomas), a discussion of obscenity and moral philosophy (via an essay on Crash by J G Ballard and the philosophy of Bernard Williams) and a history of ideas discussion of positivism, natural law and political crisis, war and terrorism through legal and political theory texts and a poem by Auden. The materials refer to case law where appropriate.

This books gives the reader a flavour of the main issues arising in medical law from the problems of consent to treatment, to whether euthanasia should be legalised. Both the courts and Parliament continue to be kept busy with medical law issues. The Bristol Hospital Enquiry has led to the creation of the Retained Organs Commission. The Human Rights Act 1998 continues to have an impact on patients' rights. The struggles of individuals like Diane Blood (who had children using her dead husband's sperm) and Dianne Pretty (who died of motor neurones disease) and others have had important affects in medical law. This book should be useful for undergraduate students studying medical law and medical students who need an overview of the subject. It may also be helpful for those who work in the field of medicine including NHS staff and for students following courses at the newly created NHS University.

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.

English is the dominant language of international business relations, and a good working knowledge of the language is essential for today's legal or business professional. This book provides a highly practical approach to the use of English in commercial legal contexts, and covers crucial law terminology and legal concepts. Written with the needs of both students and practitioners in mind, this book is particularly suitable for readers whose first language is not English but need to use English on a regular basis in legal contexts. The book covers both written and verbal legal communication in typical legal situations in a straightforward manner. In addition to chapters on the grammar and punctuation utilised in legal writing, the book features sections on contract-drafting and the language used in negotiations, meetings and telephone conversations. It features a companion website which contains exercises covering the majority of the topics covered in the book's chapters. This edition thoroughly revises and expands the content of the companion website and contains updated examples, more detailed explanations of problematic areas and an expanded section on writing law essays.

This book explains why we should stop thinking of freedom as limited to a right to be left alone. It explores how Kantian philosophy and Jewish thought instead give rise to a concept of positive freedom. At heart, freedom is inextricably linked to the obligation to respect the autonomy and dignity of others. Freedom thus requires relationships with others and provides an important source of meaning in liberal democratic societies. While individualism is said to foster detachment, positive freedom fosters relations. Moving from moral theory to law, duties are seen as intrinsic to rights. The book considers test cases involving the law of expression, regarding authorial rights and women's prayer at Jerusalem's holy site of the Western Wall. Affirmative duties of respect are essential. Rights held by copyright owners require that all authors - including so-called users - are shown respect. Moreover, rights held by the authorities at the Western Wall require that all worshippers - including those whose interpretation of Jewish law differs from that adopted by the authorities - are respected.

This book uses film and television as a resource for addressing the social and legal ills of the city. It presents a range of approaches to view the ill city through cinematic and televisual characterization in urban frameworks, political contexts, and cultural settings. Each chapter deconstructs the meaning of urban space as public space while critically generating a focus on order and justice, exploring issues such as state disorder, lawlessness, and revenge. The approach presents a careful balance between theory and application. The original and novel ideas presented in this book will be essential reading for those interested in the presentation of law and place in cultural texts such as film.

This book presents a compelling and highly sophisticated politico-legal history of a particular security operation that resulted in one of the most high-profile torture cases in the world. It reveals the extent to which the Ireland v. United Kingdom judgment misrepresents the interrogation system that was developed and utilised in Northern Ireland. Finally, the truth about the operation is presented in a comprehensive narrative, sometimes corroborating secondary literature already in the public domain, but at other times significantly debunking aphorisms, or, indeed, lies that circulated about interrogation in depth. The book sets out the theoretical reference paradigm with respect to the culture and practice of state denial often associated with torture, and uses this model to excavate the buried aspects of this most famous of torture cases. Through the lens of a single operation, conducted twice, it presents a fascinating expose of the complicated structures of state-sponsored denial designed to hide the truth about the long-term effects of these techniques and the way in which they were authorised.

Widely regarded as the most important legal theorist of the twentieth century, Hans Kelsen is best known for his formulation of the "pure theory of law"--within which the study of international law was his special field of work. The present volume, General Theory of Law and State, first published in 1945, allowed Kelsen to adjust his pure theory of law to American circumstances after World War II. It also afforded him the opportunity to present to English-speaking readers his latest ideas on the supremacy of international law. The volume is divided into two parts: the first devoted to law, the second to the state. Together these topics constitute the most systematic and comprehensive exposition of Kelsen's jurisprudence.

The volume is not only a compendium of Kelsen's lifework up to that time; it is also an extension of his theories "to embrace the problems and institutions of English and American law as well as those of the Civil Law countries." Indeed, references to Continental European law are minimal compared with examples, scattered throughout the text, taken from the U.S. Constitution and several American court cases. This is more than a concession to American readers; it signifies that Kelsen's legal theory is truly general in that it accounts for the Common Law as well as the Civil Law. A systematic treatise on jurisprudence, General Theory of Law and State is a substantial reformulation of Kelsen's ideas articulated in several of his previous books, written in German.

The juridical principles put forth by the most important legal theorist of the twentieth century remain of great value. This volume will be read by legal scholars, political scientists, and intellectual historians.

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 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.

Understanding Family Law is a clear and concise book for students of family law. The text is easy to digest, and even the most complex issues are presented in a user-friendly way without becoming patronising. The book has been specifically designed to be used as a study guide by students at all levels, and will appeal particularly to those who struggle with the more traditional textbooks. The reader is encouraged to think beyond the confines of the page through self-assessment questions. The book is designed primarily for full time undergraduate LLB students, but will also prove useful for those studying family law on part time and Diploma in Law courses.

Both risk and uncertainty are neo-liberal concepts, which can be viewed as complementary techniques for governing diverse aspects of life, rather than natural states of things. This new book examines the way these constructs govern the production of wealth through 'uncertain' speculation and 'calculable' investment formulae.

The way in which risk and uncertainty govern the minimisation of harms through insurance and through the uncertain practices of 'reasonable foresight' is discussed, and O Malley looks at the way these same techniques were historically forged out of moral and social beliefs about how to govern properly. In addition, the book analyzes is how, during this process, ideas such as 'contract' and distinctions between insurance and gambling were invented to order to 'properly' govern the risky and uncertain future.

Meant for those who teach, study or are interested in criminology and the criminal justice systems of the UK. This book offers a critical introduction and considers issues in criminal justice, focusing on conceptions of crime and conflict resolutions, as well as introducing to researching criminal 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.

This book asks the fundamental question of how new human rights issues emerge in the human rights debate. To answer this, the book focuses on nongovernmental organizations (NGOs) and on the case study of LGBTI (lesbian, gay, bisexual, transgender and intersex) rights. The work argues that the way in which NGOs decide their advocacy, conceptualise human rights violations and strategically present legal analysis to advance LGBTI human rights shapes the human rights debate. To demonstrate this, the book analyses three data sets: NGO written statements submitted to the United Nations Human Rights Council, NGO oral statements delivered during the Universal Periodic Review and 36 semi-structured interviews with NGO staff. Data are analysed with a combination of quantitative and qualitative approaches to discover what issues are most important for LGBTI networks (issue emergence) and how these issues are framed (issue framing). Along with NGO efficiency in lobbying for the emergence of new human rights standards, the book inevitably discusses important questions related to NGOs’ accountability and democratic legitimacy. The book thus asks whether the right to marry is important for LGBTI advocates working transnationally, because this right is particularly controversial among activists and LGBTI communities, especially in non-Western contexts.

The orthodox view is that rights complement democracy. This book critically examines this view in the context of EU fundamental rights, specifically in situations where EU law requires member states to respect EU fundamental rights. It first sets out a legal theoretical account of how human rights can complement democracy. It argues that they can do so only if they are understood as both the conditions for the democratic process, and the outcome of such a democratic process. In light of this legal theoretical account of human rights, this book examines the demands which the Court of Justice of the EU (CJEU) imposes on the national orders in respect of EU fundamental rights. The conclusion reached is that the demands which EU fundamental rights impose on national legal orders entail a cost for the democratic legitimacy of those legal orders. Ultimately, accepting the demands of the CJEU in respect of EU fundamental rights may require the national legal order to abandon its commitment to protecting the human rights which are the foundation of the national legal order's very legitimacy.

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 is the first student book to focus on this core topic in EU law. It covers the essential rules of the free movement of people, goods, services and capital, and also explains related issues, such as harmonisation, the development of EU citizenship, human rights in the EU, and the regulation of ecommerce.

Human Rights Equality Free Speech Privacy The Rule of Law These five ideas are vitally important to the way of life we enjoy today. The battle to establish them in law was long and difficult, and Anthony Lester was at the heart of the thirty-year campaign that resulted in the Human Rights Act, as well as the struggle for race and gender equality that culminated in the Equality Act of 2010. Today, however, our society is at risk of becoming less equal. From Snowden's revelations about the power and reach of our own intelligence agencies to the treatment of British Muslims, our civil liberties are under threat as never before. The internet leaves our privacy in jeopardy in myriad ways, our efforts to combat extremism curtail free speech, and cuts to legal aid and interference with access to justice endanger the rule of law. A fierce argument for why we must act now to ensure the survival of the ideals that enable us to live freely, Five Ideas to Fight For is a revealing account of what we need to protect our hard-won rights and freedoms.

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.