Exploring the dynamics of law-making in a world where the pace of technological change is outstripping our capacity to capture new forms of transnational crime, this book uses the innovative concept of unlawfulness to examine the crimes of the global overworld, forming a unique analysis of global order in the twenty-first century.

A three-year-old boy dies, having apparently fallen while trying to reach a bag of sugar on a high shelf. His grandmother stands accused of second-degree murder. Psychologist Susan Nordin Vinocour agrees to evaluate the defendant, to determine whether the impoverished and mentally ill woman is competent to stand trial. Vinocour soon finds herself pulled headlong into a series of difficult questions, beginning with: was the defendant legally insane on the night in question? As she wades deeper into the story, Vinocour traces the legal definition of insanity back nearly two hundred years, when our understanding of the human mind was in its infancy. "Competency" and "insanity", she explains, are creatures of legal definition, not psychiatric reality, and in criminal law, "insanity" has become a luxury of the rich and white. With passion, clarity, and heart, Vinocour examines the troubling intersection of mental health issues and the law.

This groundbreaking book offers in-depth analysis of the modern Islamic state, applying a quantitative measurement of how Muslim majority nations meet the definition. Content for the book was developed through extensive debate among a panel of distinguished Sunni and Shia Muslim scholars over seven years.

This book discusses Stuart Hall's unique contribution to criminology. It suggests that this is captured best in Hall's commitment to understanding a given historical moment, or conjuncture, in its full complexity, and his continuous deployment of an appropriate methodology, conjunctural analysis, to do so. This provides a running thread linking Hall's early work on youth subcultures, the media, the state and hegemony to his later work on racial identities, racism and the politics of difference. This is contrasted with more theoretically-driven work in cultural criminology. Its failure to adopt a conjunctural approach constitutes, for the author, something of a missed moment. To demonstrate the continuing relevance of this form of analysis, the book provides a conjunctural analysis of Brexit, including its psychosocial dimension and concludes with a brief analysis of Trump's failure to get re-elected. The book is intended for students of criminology and cultural studies.

Basic freedoms cannot be abandoned in times of conflict, or can they? Are basic freedoms routinely forsaken during times when there are national security concerns? These questions present different conundrums for the legal profession, which generally values basic freedoms but is also part of the architecture of emergency legal frameworks. Unleashing the Force of Law uses multi-jurisdiction empirical data and draws on cause lawyering, political lawyering and Bourdieusian juridical field literature to analyze the invocation of legal norms aimed at the protection of basic freedoms in times of national security tensions. It asks three main questions about the protection of basic freedoms. First, when do lawyers mobilize for the protection of basic freedoms? Second, in what kind of mobilization do they engage? Third, how do the strategies they adopt relate to the outcomes they achieve? Covering the last five decades, the book focusses on the 1980s and the Noughties through an analysis of legal work for two groups of independence seekers in the 1980s, namely, Republican (mostly Catholic) separatists in Northern Ireland and Puerto Rican separatists in the US, and on post-9/11 issues concerning basic freedoms in both countries

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.

This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. Why are civil authorities in so-called liberal democracies affronted by public nudity and the Islamic full-face 'veil'? Why is law and civil order so closely associated with robes, gowns, suits, wigs and uniforms? Why is law so concerned with the 'evident' and the need for justice to be 'seen' to be done? Why do we dress and obey dress codes at all? In this, the first ever study devoted to the many deep cultural connections between dress and law, the author addresses these questions and more. His responses flow from the radical thesis that 'law is dress and dress is law'. Engaging with sources from The Epic of Gilgamesh to Shakespeare, Carlyle, Dickens and Damien Hirst, Professor Watt draws a revealing history of dress and civil order and offers challenging conclusions about the nature of truth and the potential for individuals to fit within the forms of civil life.

The desperate need for a vast part of the global population to access better medicines in more certain ways is one of the biggest concerns of the modern era.
"Pills for the Poorest" offers a new perspective on the much-debated issue of the links between intellectual property and access to medication. Using ethnographic case studies in Djibouti and Ghana, and insights from actor-network theory, it explores the ways in which TRIPs and pharmaceutical patents are translated in the daily practices of those who purchase, distribute, and use (or fail to use) medicines in sub-Saharan Africa. It suggests that focusing on routine practices and the material deployment of intellectual property significantly enriches our understanding of the complex dynamics that animate the field of access to medicines and helps relocate the role of law within those processes. It demonstrates how intellectual property affects access to medicines in ways that are often discreet, indirect and forgotten. By exploring these complex mechanisms, it seeks to ask questions about the modes of actions of pharmaceutical patents, but also, more generally, about the complexity of legal objects.

This book examines the competing regimes of law and religion an offers a multidisciplinary approach to demonstrate the global scope of their influence. It argues that the tension between these two institutions results from their disagreements about the kinds of rule that should govern human life and society, and from where they should be derived.

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.

The law was central to Durkheim's sociological theory and to his efforts to establish sociology as a distinctive discipline. This revised and updated second edition of Durkheim and the Law brings together key texts which demonstrate the development of Durkheim's thinking on the sociology of law, several of them newly translated here. The editors, both world-renowned Durkheim scholars, provide a comprehensive analysis of the intellectual significance and distinctiveness of Durkheim's work on the subject. They show how his ideas evolved over time; how they contributed to the development of a distinctively Durkheimian vision of a science of society; and they provide a comprehensive assessment of the strengths and weaknesses of his theorizing about law, as well as its continuing relevance for contemporary sociology. Enriched with a new introduction and useful learning features, this book remains a major reference for students of socio-legal theory.

This volume provides a state-of-the-art overview of institutional translation issues related to the development of international law and policies for supranational integration and governance. These issues are explored from various angles in selected papers by guest specialists and findings of a large-scale research project led by the editor. Focus is placed on key methodological and policy aspects of legal communication and translation quality in a variety of institutional settings, including several comparative studies of the United Nations and European Union institutions. The first book of its kind on institutional translation with a focus on quality of legal communication, this work offers a unique combination of perspectives drawn together through a multilayered examination of methods (e.g. corpus analysis, comparative law for translation and terminological analysis), skills and working procedures. The chapters are organized into three sections: (1) contemporary issues and methods; (2) translation quality in law- and policy-making and implementation; and (3) translation and multilingual case-law.

An inter-disciplinary, international collection that examines the mutual influences between law and culture through a series of sophisticated case studies showing how cultural phenomena are brought under legal regulation, how laws are resisted through cultural practices, and how those practices shape the way in which law is understood and applied.

This book contributes to current debates about "queer outsides" and "queer outsiders" that emerge from tensions in legal reforms aimed at improving the lives of lesbian, gay, bisexual, transgender, intersex, and queer people in the United Kingdom. LGBTIQ people in the UK have moved from being situated as "outlaws" - through prohibitions on homosexuality or cross-dressing - to respectable "in laws" - through the emerging acceptance of same-sex families and self-identified genders. From the partial decriminalisation of homosexuality in the Sexual Offences Act 1967, to the provision of a bureaucratic mechanism to amend legal sex in the Gender Recognition Act 2004, bringing LGBTIQ people "inside" the law has prompted enormous activist and academic commentary on the desirability of inclusion-focused legal and social reforms. Canvassing an array of current socio-legal debates on colonialism, refugee law, legal gender recognition, intersex autonomy and transgender equality, the contributing authors explore "queer outsiders" who remain beyond the law's reach and outline the ways in which these outsiders might seek to "come within" and/or "stay outside" law. Given its scope, this modern work will appeal to legal scholars, lawyers, and activists with an interest in gender, sex, sexuality, race, migration and human rights law.

This book represents a unique resource about Stewart Macaulay one of the common law world's leading scholars of the law of contract and of the law in action approach to the study of law. Since 1959, he has published over 50 articles in leading journals, a number of working papers, (with colleagues at the University of Wisconsin Law School) a pathbreaking casebook for the teaching of the law of contract, and (with other colleagues) equally pathbreaking collections of materials for the teaching of the law in action or law in context approach to the study of law. In this work Macaulay has established himself as one of the postwar world's leading scholars of the law of contract and of the sociology of law. His work is an absolute reference point in both disciplines, and it has attracted great attention elsewhere, most notably in economic sociology, where his concept of non-contractual economic relationships is regarded as an important theoretical innovation. Macaulay's work has become an object of commentary in its own right, and the proposed book is intended to assist further such commentary by making hitherto difficult to obtain works readily accessible. Most of Macaulay's work is now, when the leading journals are generally available in electronic form, readily accessible to students and researchers in universities. There are, however, a number of interesting and in most cases important works published in less accessible journals or works which were not published in an electronic form, which are difficult to obtain. This book will make them readily available, and in so doing will make it possible in future for scholars to have Macaulay's complete oeuvre readily to hand. Although Macaulay's work has provoked very considerable discussion, there previously have been no overall accounts of that work as opposed to critical engagements with aspects of it. In this book, two additional essays by leading commentators give accounts of Macaulay's work and provide an introduction to, exegesis of and general evaluation of Macaulay's work as a whole which is not to be found in the existing literature.

This volume considers current and future challenges for nature law and policy in Europe. Following the Fitness Check evaluation of the Birds and Habitats Directives, in 2017 the EU adopted an Action Plan for nature, people and the economy to rapidly improve the Directives' implementation and accelerate progress towards the EU's biodiversity targets for 2020. More recently, the EU has adopted a Biodiversity Strategy for 2030 and proposed an EU Nature Restoration Law. This book makes a timely contribution by examining the current state of play in light of recent and historical developments, as well as the post-2020 nature law and policy landscape. While evidence suggests that Natura 2000 and the Habitats and Birds Directives have delivered conservation benefits for wildlife in Europe, biodiversity loss continues apace. The book reviews the requirements for an effective international nature conservation system, with reference to the Birds and Habitats Directives. It examines regulatory regimes, current legal issues in the fields of site protection and species protection, the protection of areas outside Natura 2000, recent developments in the EU and the UK, including the implications of Brexit, agriculture and nature conservation, litigation, science and access to justice. Written by leading experts in the field, from a range of stakeholder groups, the volume draws on diverse experiences as well as providing interdisciplinary perspectives. This volume will be essential reading for students and scholars interested in European environmental policy and law, including lawyers, ecologists, environmental scientists, political scientists, natural resource managers, and planners. It will also be of interest to conservation practitioners, policy-makers and NGOs.

Child Law starts with the question "Who is the Child?" In direct contrast to the CRC, which calls for putting the interests of the child first in all policies dealing with children, it appears that the interests of others are the major consideration de facto. In law, children's right to protection is severely limited by the presence of a maximum age limit, with no consideration of the starting point: current and ongoing scientific research has demonstrated the effects of this non-consideration in a number of abnormalities and diseases, not only in children, but in adults and the elderly. The WHO has published a number of studies to that effect and the 2012 Report on Endocrine Disruptors more than confirms this claim. This and other scientific insights that have largely been ignored show the flaws and inadequacies of the legal regimes intended to protect children, in a number of areas, from the basic public health to the right to normal development; child labor law conventions; in conflict situations; as a result of climate and other events; children as illegal migrants and as inmates in prison camps.

View the Table of Contents .nbsp; nbsp; nbsp; 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 readingLaw, 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 Ritualis a major step forward in the rapidly expanding field of the cultural study of law." — Paul Kahn, author ofThe 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 of disputeprocesses." — Richard Abel, Connell Professor of Law, UCLA Law School 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. InLaw, 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.

This highly topical collection of essays addresses contemporary issues facing Indigenous communities from a broad range of multi- and interdisciplinary perspectives. Drawing from across the social sciences and humanities, this important volume challenges the established norms, theories, and methodologies within the field, and argues for the potential of a multidimensional approach to solving problems of Indigenous justice. Stemming from an international conference on 'Spaces of Indigenous Justice', Indigenous Justice is richly illustrated with case studies and comprises contributions from scholars working across the fields of law, socio-legal studies, sociology, public policy, politico-legal theory, and Indigenous studies. As such, the editors of this timely and engaging volume draw upon a wide range of experience to argue for a radical shift in how we engage with Indigenous studies.

This book examines how the modern criminal trial is the result of competing discourses of justice, from human rights to state law and order, that allows for the consideration of key stakeholder interests, specifically those of victims, defendants, police, communities and the state.

This work examines the experiences of African Americans under the law and how African American culture has fostered a rich tradition of legal criticism. Moving between novels, music, and visual culture, the essays present race as a significant factor within legal discourse. Essays examine rights and sovereignty, violence and the law, and cultural ownership through the lens of African American culture. The volume argues that law must understand the effects of particular decisions and doctrines on African American life and culture and explores the ways in which African American cultural production has been largely centered on a critique of law.

Does a justice system have a welfare function? If so, where does the boundary lie between justice and welfare, and where can the necessary resources and expertise be found? In a time of austerity, medical emergency, and limited public funding, this book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution. Might a family justice system even help to prevent or minimise conflict as well as resolving dispute when it arises? The book is divided into 4 parts, with contributions from 22 legal scholars working across Europe, Australia, Argentina and Canada. - Part 1 looks at what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework. - Part 2 looks at those engaged with a family justice system as professionals and users, and explores how far private ordering is encouraged in different countries. - Part 3 looks at new ways of working within a family justice system and raises the question of whether the move towards privatisation derives from the intrinsic value of individual autonomy and acceptance of responsibility in family disputes, or whether it is also a response to the increasing burden on the state of providing a welfare-minded family justice system. - Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany.

Fifty years after the famous essay "The Problem of Social Cost" (1960) by the Nobel laureate Ronald Coase, Law and Economics seems to have become the lingua franca of American jurisprudence, and although its influence on European jurisprudence is only moderate by comparison, it has also gained popularity in Europe. A highly influential publication of a different nature was the Brundtland Report (1987), which extended the concept of sustainability from forestry to the whole of the economy and society. According to this report, development is sustainable when it "meets the needs of the present without compromising the ability of future generations to meet their own needs."
A key requirement of sustainable development is justice to future generations. It is still a matter of fact that the law as well as the theories of justice are generally restricted to the resolution of conflicts between contemporaries and between people living in the same country. This in turn raises a number of questions: what is the philosophical justification for intergenerational justice? What bearing does sustainability have on the efficiency principle? How do we put a policy of sustainability into practice, and what is the role of the law in doing so?
The present volume is devoted to these questions. In Part One, "Law and Economics," the role of economic analysis and efficiency in law is examined more closely. Part Two, "Law and Sustainability," engages with the themes of sustainable development and justice to future generations. Finally, Part Three, "Law, Economics and Sustainability," addresses the interrelationships between the different aspects.

The concept of equality has been a key animating principle of modern feminism, and has been highly productive for feminist legal thought and feminist politics concerning law. Today however, given the failure to achieve material and psychic equality for women, feminists have come to challenge the usefulness of equality as a concept, a particular definition, or a basis for strategizing. The papers in this innovative and original collection reflect these concerns, primarily in the context of English-speaking, common law cultures. Collectively, the papers analyze a range of equality projects across a number of areas of public and private law, considering both competing conceptions of equality and alternatives to it. In taking stock across a century and a half and around the globe, the book illustrates the range of ways in which equality projects in law have been challenged by, and remain a challenge for, feminism. (Series: Onati International Series in Law and Society)

A fresh theory on how individuals respond to inequalities occurring within their own communities. This original and insightful study draws on empirical research on the Santal people of Asia, examining power relations within social fields, and the state, to reveal a typology of power practices, and applies these to forced marriage in the West.