This title was first published in 2002. Environmental Policy is an astute and far-reaching text which analyzes the intersections between environmental policy formation and its ultimate implementation and enforcement through the law. It sets this theme against the axis of EU law and policy and UK law and policy, paying particular attention to the variables which determine the nature and significance of law as a delivery vehicle . Among these variables are the shape and character of EU and UK law for present purposes, alternatives to law, and the culture of UK law and policy aiding a distinct pattern of response to Directives, for example. It takes an informed look at the reality of implementation and enforcement through its reference to policy objectives as well as the limits and appropriateness of law across the aforementioned axis . An indispensable resource for scholars and students of environmental law and policy, along with governmental and other environmental agencies responsible for policy creation, implementation and enforcement.

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.

This title was first published in 2002.This book offers an intriguing examination of the law concerning liability for psychiatric injury suffered by employees in the workplace. Included among these are employees confronting the risk of death or injury in the course of their normal employment, such as police or fire-fighters, those confronting death or injury out of their ordinary course of employment, such as accidents at work, and those possibly exposed to health-threatening circumstances, such as dust in the workplace. Also considered are employees who suffer mental health problems resulting from environmental factors, such as bullying, overwork and disciplinary measures. The amount of damages recovered in such actions can be substantial and this book examines the extent of the employer's liability, as well as providing a psychiatric medicine perspective and a detailed analysis of the current state of the law in England, Wales and Australia.

Human Rights after Corporate Personhood offers a rich overview of current debates, and seeks to transcend the "outrage response" often found in public discourse and corporate legal theory. Through original and innovative analyses, the volume offers an alternative account of corporate juridical personality and its relation to the human, one that departs from accounts offered by public law. In addition, it explores opportunities for the application of legal personality to assist progressive projects, including, but not limited to, environmental justice, animal rights, and Indigenous land claims. Presented accessibly for the benefit of non-specialist readers, the volume offers original arguments and draws on eclectic sources, from law and poetry to fiction and film. At the same time, it is firmly grounded in legal scholarship and, thus, serves as an essential reference for scholars, students, lawmakers, and anyone seeking a better understanding of the interface between corporations and the law in the twenty-first century.

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.

The US Supreme Court's legitimacy-its diminishing integrity and contribution to the good of society-is being questioned today like no other time in recent memory. Criticisms reflect the perspectives of both 'insiders' (straight white males) and 'outsiders' (mainly people of color, women, and the LGBTQ community). Neither perspective digs deep enough to get at the root of the Court's legitimacy problem, which is one of process. The Court's process of decision-making is antiquated and out of sync with a society that looks and thinks nothing like the America of the eighteenth century, when the process was first implemented. The current process marginalizes many Americans who have a right to feel disenfranchised. Leading scholar of jurisprudence Roy L. Brooks demonstrates how the Court can modernize and democratize its deliberative process, to be more inclusive of the values and life experiences of Americans who are not straight white males.

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 title 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.

This book re-examines the law governing the obligations of the Member States in the European Union from the perspective of the interests formulated and pursued by national governments in the EU. Member States' interests provide the source as well as the limitations of the obligations undertaken by the Member States in the Union. From the early days of European integration, they have determined how the law frames and defines EU obligations in the Treaties, in legislation and in the jurisprudence of the EU Court of Justice. The book neither challenges directly, nor undermines the current state of the law in the EU. Instead, it introduces a framework for interpreting and analysing legal developments - both legislative and jurisprudential - from an angle which brings the legal dimension of the membership of States in the European Union closer to its political reality. By choosing Member State interest to frame its analysis of the law, the book expresses a clear intention to explore further the interactions and the potential interconnectedness of the intergovernmentalism of EU decision-making and the normative supranationalism of the application and the enforcement of Member State obligations, in particular at the national level. Analysing how diversity among the Member States, which arises from different local interests, institutional frameworks and socio-economic arrangements, is assessed and sustained in EU legislation and in the jurisprudence of the Court of Justice, the book examines the impact of EU obligations on Member State territorial authority and territoriality. Providing a new perspective on Member State interests and European Law, the book closes the widening gap between the politics and law of European integration and between its political science and legal analysis. The book is essential reading for students and scholars in the field of state law, EU law and politics.

Engaging with the underlying social context in which emotions are a motivational force, Law and the Passions provides a uniquely inclusive commentary on the significance and influence of emotions in the history and continuing development of legal judgment, policy formation, legal practice and legal dogma. Although the emotionality of the law and the use of emotional tropes in legal discourse has become an established focus in recent scholarship, the extent to which emotion and the passions have informed decision-making, decision-avoidance and legal reasoning - rather than as simply an adjunct - is still a matter for critical analysis. As evidenced in a range of illustrative legal cases, emotions have been instrumental in the evolution of key legal principles and have produced many controversial judgments. Addressing the latent influence of fear, hate, love and compassion, the book explores the mutability of law and its transformative power, especially when faced with fluctuating social mores. The textual nature of law and the impact of literary forms on legal actors are also critically examined to further elucidate the idea of law-making as both rational and emotional, and significantly as an essential activity of the empathic imagination. To this end, it is suggested that critical scholarship on law, the passions and emotions not only advances our understanding of the inner workings of law, it constitutes a fundamental part of our moral reasoning, and has the capacity to articulate the conditions for a more dynamic, adaptable, ethical and effective legal institution. This interdisciplinary book will be of interest to scholars and students in the fields of law and literature, legal theory, legal philosophy, law and the humanities, legal aesthetics, sociology of law, politics, law and policy, human rights, general jurisprudence and social justice, as well as cultural studies.

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

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.

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

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

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

First published in 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.

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

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

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

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

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

Inequality and unfairness still stalk Scotland after more than twenty years of devolution. Having done little to shield against austerity, Brexit and an increasingly right-wing Westminster agenda, calls for further constitutional reform to solve pressing political, economic and social problems grow ever louder. The debate over further devolution or independence continues to split the population. In A New Scotland, leading activists and academics lay out the blueprints for radical reform, showing how society can be transformed by embedding values of democracy, social justice and environmental sustainability into a coherent set of policy ideas. Structured in two parts, the book takes to task the challenges to affect radical change, before exploring new approaches to key questions such as healthcare, education, public ownership, race, gender and human rights.

First published in 1998, this volume focuses critically on the European identity of the law of the European Union, of national law and the law of human rights. It is primarily concerned with the ways in which European identity is created through the rejection of a malign Other constituted in opposition to all that a virtuous Europe and its law, are supposed to be. The construction of this Other is explored in claims of the EU legal order to a unity and coherence transcending the nation-state; in the assertion of a European identity through laws effecting cultural, immigration and security policies; and in the claims to a lofty 'European-ness' made by national law and the European Convention on Human Rights. A major contribution to the understanding of European Law in the terms of the debates over modernity and postmodernity, this book will interest those involved with studies of the European Union and its law, with critical legal studies and also with socio-legal studies.

First published in 1998, Public Procurement in the European Community has been considered as the most-important non-tariff barrier for the completion of the common market and its liberalisation reflects the attempts of law and policy makers to enhance competitiveness in the public sector and achieve uniform patterns of industrial efficiency. The opening-up of procurement stresses the fact that the Member States must embark upon a process of changing their public sector management ethos and adopt more market-orientated parameters (value for money, efficiency, improved risk management, market testing, outsourcing, private finance, savings) in the delivery of public services, alongside the principles of transparency and public accountability. The book is addressed to academics and researchers in the fields of law, public policy and government studies, legal practitioners, policy makers, government officials as well as industry executives. It provides a multi-disciplinary analysis of public procurement law and policy and assesses its impact on the European integration process. It investigates the implications of the opening-up of the European public markets on other legal and economic systems in the world and analyses the regulation of public purchasing as part of the emerging Economic Law of the European Union.

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.