Investigating the extent to which the European Union can be defined as a "highly competitive social market economy", this edited collection illustrates and tests the constitutional reverberations of Art. 3(3) of the Treaty on the European Union, and discusses its actual and potential transformative effect. In the aftermath of Brexit, and in the 60th anniversary of the Treaty of Rome, the book is particularly timely and topical, offering new and deeper insights on the complex and constantly evolving social dimension of the EU, ultimately reflecting on how the objective of (re)constituting the EU as a "highly competitive social market economy" might best be achieved.

Since the entry into force of the Treaty of Lisbon, key improvements have occurred in the democratisation of EU international relations through the increased powers of the European Parliament. Nevertheless, a comprehensive legal analysis of the new developments in democratic control of EU external action has not yet been performed. This book aims to improve the understanding of the set of mechanisms through which democratic control is exerted over EU external action, in times of profound transformations of the legal and political architecture of the European integration process. It analyses the role of the Court of Justice in the democratisation of international relations through EU law, and further provides a legal overview of the role of the European Parliament in the conduct of the EU's international relations. In those areas where the powers of the Parliament have greatly increased the book aims to raise questions as to whether this enhanced position has contributed to a more consistent external action. At the same time, the book aims to contribute to the debate on judicial activism in connection with the democratisation of EU external action. It offers the reader a detailed and topical analysis of the recent developments in democratic control of external action which are of relevance in the daily practice of EU external relations lawyers, including the topic of mixed agreements This text will be of key interest to scholars and students working on EU external relations law, EU institutional law, European Union studies/politics, international relations, and more broadly to policy-makers and practitioners, particularly to those with an interest on the European Parliament and the Court of Justice of the European Union.

Published in 1999. This book provides a detailed analysis of the positions and strategies adopted by Britain during the 1990-91 Intergovernmental Conference which concluded in the Maastricht Treaty on European Union. The main focus is on the questions of British policy coordination and the factors which determined the government's position during the negotiations on European Political Union and European Monetary Union. This is the first major study which reconstructs the mechanisms of British policy making and notes the internal and external factors which shaped the construction of the government's position on the major points of the negotiations. The hypothesis of the book is that domestic politics, primarily through the Prime Minister's aim to maintain the unity of the Conservative Party, was the determining factor in shaping government policy. This view is based upon micro-level empirical analysis undertaken through a methodological approach of historical interpretation.

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 .

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.

A comprehensive analysis of the relationship between feminist theories and the law, and the way in which development of the former have affected, and been affected by, the latter. This work takes as its starting point a study of women and culture on an international level, which demonstrates how religious and cultural influences have been fundamental in establishing contempoary legal and social mores. This provides the setting for an investigation into legal and social discrimination and inequality, and how this has been addressed by the emergence of feminism. A number of critiques and developments are examined, and the book concludes by asking what the future may hold for feminist jurisprudence.

Against an ever-expanding and diversifying 'rights talk', this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply 'bound beings', to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.

The relationship between culture and the law has become an emergent concern within contemporary Cultural Studies as a field, but the recent focus has been largely limited to the role played by cultural representations and identity politics in the legitimation of legal discourse and policies. While continuing this emphasis, this collection also looks at the law itself as a cultural production, tracing some of the specific contours of its function in the last three decades. It argues that, with the onset of neoliberal or late capitalism, the law has taken on a new specificity and power, leading to what we are calling the 'juridical turn', where the presumed legitimacy of the law makes other forms of hegemonic struggle secondary. The collection not only charts the law and cultural policy as they exert their powerful-if often overlooked-influence on every aspect of society and culture, but it also seeks to define this important field of study and demonstrate the substantial role law plays in the production of our social and cultural worlds. In this trailblazing collection of contributions by leading and emerging figures in the field of cultural legal studies, chapters examine various ways in which this process is manifested, such as U.S. legislation and Supreme Court Decisions on gay marriage, immigration, consumer finance, welfare, copyright, and so-called victim's rights, along with international comparisons from Europe and Latin America. It promises to be a pathbreaking analysis of our juridically-determined conjuncture. This book was originally published as a special issue of Cultural Studies.

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. -- .

An overriding value of European legislation on waste management is the Extended Producer Responsibility (EPR) principle. For example, all economic operators placing packaging onto the EU market are responsible for its proper management and recovery. However, in general, the collection and treatment of urban waste is the responsibility of local authorities. It has therefore been necessary to establish a system of financial compensations between producers and waste management operators. Analysing the legal and institutional schemes of several member states and accounting for all the costs and benefits to their local authorities due to selective collection and sorting, this book provides an accurate illustration of how the EPR principle has be translated into practice. Firstly the authors examine whether the industry is paying for the net financial cost of 'preparation for recycling' activities or if the extra-costs of recycling are being recovered via the sale of sorted materials, by the consumer through higher prices or by citizens in general through higher taxes. Secondly, by monetizing the net environmental benefits attained with the recycling system, the book discusses the success and Value-for-Money (VfM) of the EU's recycling policy. In other words: what is the economic rate of return of the enhanced environmental protection achieved due to the fulfilment of recovery and recycling targets?

This collection of late antebellum U.S. Senate speeches exemplifies the official statements of the public men from the South, North, and West as they struggled with the questions of national identity and the right of self-government within the context of the rule of law.

EU Health Systems and Distributive Justice uses theories of distributive justice to examine tensions created by the application of the Internal Market rules to the provision of health care services within the European Union. Using the concepts and principles embedded in the theories of egalitarianism and libertarianism, this book analyses the impact of the Internal Market rules on common values and principles shared by European health systems, such as universality, accessibility, equity and solidarity. This analysis is conducted using the specific issue of cross-border health care. This book makes innovative contributions to the study of the relationship between EU health systems and the Internal Market - it encompasses the analysis of all principles recognised by EU institutions as guiding principles of European health systems; it integrates human rights law and practice into the discussion of the EU Court of Justice's approach to patient mobility cases; and it assesses the potential impact of the Internal Market over EU health systems through the lens of distributive justice, looking at the underlying principles of these systems that are mostly concerned with social justice. Ultimately, this is not a book on EU law and health care, but it is a book on distributive justice, health care and the principles and policies guiding European health systems.

First published in 1997, this book discusses the interplaying factors environmental issues have on justice and property and other social problems. Endeavouring create a discourse on what sustainability means in implementation, each of the contributors to this book approaches this via different theoretical viewpoints.

This book develops a sociological account of lie detection practices and uses this to think about lying more generally. Bringing together insights from sociology, social history, socio-legal studies and science and technology studies (STS), it explores how torture and technology have been used to try to discern the truth. It examines a variety of socio-legal practices, including trial by ordeal in Europe, the American criminal jury trial, police interrogations using the polygraph machine, and the post-conviction management of sex offenders in the USA and the UK. Moving across these different contexts, it articulates how uncertainties in the use of lie detection technologies are managed, and the complex roles they play in legal spaces. Alongside this story, the book surveys some of the different ways in which lying is understood in philosophy, law and social order. Lie Detection and the Law will be of interest to STS researchers, socio-legal scholars, criminologists and sociologists, as well as others working at the intersections of law and science.

Originally published in 2000, the Encyclopedia of Religion and American Law, comprehensively describes and analyses important cases and legal controversies between religion and state. The book has contributions from numerous distinguished history and law professors and practicing attorneys of the period. It provides short and articulate encyclopedic style entries which capture the colour, richness and complexity of the topics covered. The book's multidisciplinary approach will make it an ideal library reference resource for scholars and students of law, as well as a valuable addition to any legal collection.

This volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural ways in which legal cultures work in a modern society, through the metaphor of the mirror. As a mirror of society, it distinguishes between the structure and function of legal culture within the legal system, and the external representation of law in society. This duality is further problematized in relation to the increasing transnationalisation of law. Based on a multi-level interpretation of the concept of legal culture, the work is divided into three parts: the first addresses the mutual reflections of social and legal norms that support a pluralist representation of internal legal cultures, the second concentrates on the external legal cultures that constantly enable pragmatic adjustments of the legal order to its social environment, and the third concludes the book with a theoretical discussion of the issues presented.

This book was first published in 2003.Justice, Humanity and the New World Order offers a refreshing analysis of current jurisprudential concerns regarding the new world order , by examining them in the intellectual context of the late eighteenth-century Enlightenment. After setting the historical context, the author investigates aspects of Enlightenment political culture as well as aspects of the new world order , including international relations, the European Union and human rights. In conclusion, the author introduces the concept of a new humanism , which he suggests, drawing on certain aspects of Enlightenment political philosophy, can complement the new world order .

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.

This title was first published in 2000. The law relating to directors' duties has fundamental implications across the business environment and yet few areas of business law have received so little detailed examination. This text provides fresh and incisive insights to the rules applying in ten major economic jurisdictions within Europe, with respect to directors' legal obligations and liabilities. Written by the foremost figures in the field, each contribution outlines the statutory provisions that affect the work of company directors in each jurisdiction, including general legislation and specific laws covering the status of incorporated bodies. Fully illustrated with case-law examples the book provides a guide to the range of measures which national courts may provide for participants in corporate life seeking remedies for unsatisfactory governance of companies. It also features guidance on the specific bases for criminal and civil liabilities and examples of the range of penalties to which directors might be subject. The result is a work of unprecedented detail which will be welcomed by practitioners in the corporate sector, academics and researchers alike.

In a world of globalised media, Japanese popular culture has become a signifi cant fountainhead for images, narrative, artefacts, and identity. From Pikachu, to instantly identifi able manga memes, to the darkness of adult anime, and the hyper- consumerism of product tie- ins, Japan has bequeathed to a globalised world a rich variety of ways to imagine, communicate, and interrogate tradition and change, the self, and the technological future. Within these foci, questions of law have often not been far from the surface: the crime and justice of Astro Boy; the property and contract of Pokemon; the ecological justice of Nausicaa; Shinto's focus on order and balance; and the anxieties of origins in J- horror. This volume brings together a range of global scholars to refl ect on and critically engage with the place of law and justice in Japan's popular cultural legacy. It explores not only the global impact of this legacy, but what the images, games, narratives, and artefacts that comprise it reveal about law, humanity, justice, and authority in the twenty-first century.

Why should anyone care about the medium of communication today, especially when talking about media law? In today's digital society, many emphasise convergence and seek new regulatory approaches. In Medium Law, however, the 'medium theory' insights of Harold Innis, Marshall McLuhan and the Toronto School of Communication are drawn upon as part of an argument that differences between media, and technological definitions, continue to play a crucial role in the regulation of the media. Indeed, Mac Sithigh argues that the idea of converged, cross-platform, medium-neutral media regulation is unattainable in practice and potentially undesirable in substance. This is demonstrated through the exploration of the regulation of a variety of platforms such as films, games, video-on-demand and premium rate telephone services. Regulatory areas discussed include content regulation, copyright, tax relief for producers and developers, new online services, conflicts between regulatory systems, and freedom of expression. This timely and topical volume will appeal to postgraduate students and postdoctoral researchers interested in fields such as Law, Policy, Regulation, Media Studies, Communications History, and Cultural Studies.

Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. However, this influence has not been standard. This volume seeks to improve our understanding of how networks function, as well as the extent they matter in the governance of a constitutional democracy. The authors examine the judicial function of networks, the way they cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether or not they are independent of the capacity and the leadership of their members. A highly salient issue in contemporary law and politics, judicial networks are now qualified actors of governance. With the aim to understand how, to what extent, and with what consequences networks interact with hierarchical institutions that still exist within the States, this book is essential reading for legal experts, policy makers engaged in promoting the rule of law, members of the judicial networks in the EU and extra EU countries, as well as academics and students.

Most people in the United States today no longer live their lives under the guidance of local institutionalized religious leadership, such as rabbis, ministers, and priests; rather, liberals and conservatives alike have taken charge of their own religious or spiritual practices. This shift, along with other social and cultural changes, has opened up a perhaps surprising space for chaplains--spiritual professionals who usually work with the endorsement of a religious community but do that work away from its immediate hierarchy, ministering in a secular institution, such as a prison, the military, or an airport, to an ever-changing group of clients of widely varying faiths and beliefs. In A Ministry of Presence, Winnifred Fallers Sullivan explores how chaplaincy works in the United States--and in particular how it sits uneasily at the intersection of law and religion, spiritual care, and government regulation. Responsible for ministering to the wandering souls of the globalized economy, the chaplain works with a clientele often unmarked by a specific religious identity, and does so on behalf of a secular institution, like a hospital. Sullivan's examination of the sometimes heroic but often deeply ambiguous work yields fascinating insights into contemporary spiritual life, the politics of religious freedom, and the never-ending negotiation of religion's place in American institutional life.

This comprehensive book provides analysis and discussion on the following key issues in EU environmental law: environmental competence, principles and objectives, implementation and enforcement, nature protection, impact assessment, trade and the environment, waste management, climate change and the EU. An accessible work for all students of the subject both academic or professional.

Routledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn't you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are now packed with even more features: New revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out New tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams More diagrams and flowcharts clarify and condense complex and important topics Routledge Lawcards are supported by a Companion Website at http://www.routledgelaw.com/textbooks/lawcards offering: Flashcard Glossaries allowing you to test your understanding of key terms and definitions Multiple Choice Questions to test and consolidate your revision of each chapter Advice and tips to help you better plan your revision and prepare for your exams Titles in the Series: Business Law; Commercial Law; Company Law; Constitutional Law; Contract Law; Criminal Law; Employment Law; English Legal System; Equity and Trusts Law; European Union Law; Evidence; Family Law; Human Rights; Intellect