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.

Hailed as one of the most important works in the history of sociology, and a precursor to the revolutionary theoretical approach of pure sociology, this short and lucid book is as relevant today as when it was first published in 1976. To honour this seminal book, Emerald is pleased to announce that it will publish a special edition of "The Behavior of Law," including a number of additional features: a new foreword from Mark Cooney; an interview with the author, entitled "How Law Behaves"; reflections from a number of prominent sociologists on "The Behavior of Law"'s impact over the last thirty years. It features an author profile written by Randall Collins.

In 1759 a baby girl was born to an impoverished family on the Indian subcontinent. Her parents pawned her into bondage as a way to survive famine. A Portuguese slaver sold the girl to a pious French spinster in Bengal, where she was baptized as Madeleine. Eventually she was taken to France by way of Ile de France (Mauritius), and from there to Ile Bourbon (Reunion), where she worked on the plantation of the Routier family and gave birth to three children: Maurice, Constance, and Furcy. Following the master's death in 1787, Madame Routier registered Madeleine's manumission, making her free on paper and thus exempting the Routiers from paying the annual head tax on slaves. However, according to Madeleine's children, she was never told that she was free. She continued to serve the widow Routier for another nineteen years, through the Revolution, France's general emancipation of 1794 (which the colonists of the Indian Ocean successfully repelled), the Napoleonic restoration of slavery, and British occupation of France's Indian Ocean colonies. Not until the widow Routier died in 1808 did Madeleine learn of her freedom and that the Routier estate owed her nineteen years of back wages. Madeleine tried to use the Routiers' debt to negotiate for her son Furcy's freedom from Joseph Lory, the Routiers' son-in-law and heir, but Lory tricked the illiterate Madeleine into signing papers that, in essence, consigned Furcy to Lory as his slave for life. While Lory invested in slave smuggling and helped introduce sugar cultivation to Ile Bourbon, Furcy spent the next quarter century trying to obtain legal recognition of his free status as he moved from French Ile Bourbon to British Mauritius and then to Paris. His legal actions produced hundreds of pages that permit reconstruction of the lives of Furcy and his family in astonishing detail. The Cour Royale de Paris, France's highest court of appeal, finally ruled Furcy ne libre (freeborn) in 1843. Eight rare extant letters signed by Furcy over two decades tell in his own words how he understood his enslavement and freedom within these multiple legal jurisdictions and societies. France's general emancipation of 1848 erased the distinction between slavery and freedom for all former slaves but the reaction of 1851 excluded them from citizenship. The struggle for justice, respect, and equality for former slaves and their descendants would not be realized within Furcy's lifetime. The life stories of Madeleine and her three children are especially precious because, unlike scores of slave narratives published in the United States and England in the eighteenth and nineteenth centuries, no autobiographical narrative of a slave held by French-published or unpublished-exists. This will be one of only a handful of modern biographies of enslaved people within France's empire, in French or in English, and the only one to explore transformations in slavery and freedom in French colonies of the Indian Ocean. This story is also significant because of the legal arguments advanced in Furcy's freedom suits between 1817 and 1843. Furcy's lawyers argued that he was free by race (as the descendent of an Indian rather than an African mother) and also by Free Soil (the legal principle whereby any slave setting foot on French soil thereby became free, since Madeleine resided in France before Furcy was born). Parallel debates surround the American case of Dred Scott, who began his long and unsuccessful bid for freedom in 1846 in the former French colonial city of St. Louis, Missouri, just three years after the French Cour Royale de Paris upheld Furcy's freedom on the basis of Free Soil. However, the French ruling that Furcy was free by Free Soil and the rejection of the racial argument offer a historical counterpoint to the infamous Taney opinion of 1857. The gripping story of Madeleine and her children is especially well-suited to exploring the developments of French colonization, plantation slavery, race, sugar cultivation, and abolitionism. A fluid narrative, it should have appeal for readers of the history of slavery, world history, Indian Ocean history, and French colonial history.

The contributions in this volume include the following: a reconsideration of the work of a number of writers - Heinrich Popitz, Theodor Geiger, Christian Sigrist, and, above all, Max Weber - who have received particularly critical attention from adherents of legal pluralism, arguing for further discussion of the concept of law developed by Franz von Benda-Beckmann * the dynamic nature of interactions among plural legal systems, employing theories of legal pluralism to identify sources of legal plurality and to understand how these interact in Malaysia * why, in the Democratic Republic of Congo, given the general deterioration of administrative structures, people continue to apply to the courts for redress. (Series: The Journal of Legal Pluralism and Unofficial Law - Vol. 66)

The book deals with (unfortunately) a highly relevant question of extraordinary measures adopted in many countries in connection with the recent pandemic, and the impact of such measures on ownership rights and constitutional freedoms as a whole. Using the methods of synthesis, analysis and historical comparison, the researchers address this issue from different perspectives, starting with the origins of state-governed crisis management, through the theoretical status of such measures and their role in the legal system, to the question of liability for damages arising from their imposition and application. Based on a critical analysis of existing measures, the book provides feedback on their compliance with basic legal principles and suggests possible solutions of encountered problems.

This book discusses how judges qualify their activities as objective. The data for this project was retrieved from a large sample of cases using Langacker's methodology. The sample included over a thousand decisions from Brazil, Hungary, Italy, Lithuania, Slovakia, Slovenia, Spain, Romania and the UK. The decisions considered allegations of judicial bias, unfairness, and injustice. Pre-judices are shared cognitive methods that legal practitioners perceive as necessary. The results of the study directly confirm Pierre Legrand's claims of pre-judices in legal discourse, and as corollary, Jules L. Coleman and Brian Leiter's idea of modest objectivity in law.

This Element offers an accessible introduction to theoretical writing on the rule of law for anyone who wants to understand more about how we think and write about this central idea of legal and political thought. Part 1, 'Approaching the Rule of Law', examines the methods through which the idea of the rule of law is typically approached by those who set out to theorise it. Part 2, 'Untangling the Rule of Law', asks whether it is possible to untangle the rule of law from the various contributions, companions, connections, conflations and controversies with which it tends to be associated. Part 3, 'Revisiting the Rule of Law', signals to new frontiers of rule of law thought by addressing the assumptions about legal form that shape its theoretical treatment, and by investigating what we know about the people who carry its burdens and benefit from its offerings.

Studies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship. In this latest edition of this highly successful research series, chapters examine a diverse range of legal issues and their impact on and intersections with society. This volume features a special section with papers dedicated to life after imprisonment. The chapters examine issues around offender rehabilitation, mass incarceration, and overcriminalization. Other papers included in this important volume address the shift in attitudes to solitary confinement (and the prospect of moving beyond solitary confinement measures) and private prison services. This volume brings together leading scholars and will be vital reading for all those researching in this subject area.

With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings.

This book offers principles for designing care and support policy to address two persistent sources of tension in the field. The first is the tension between supporting women's unpaid caring and supporting their paid work participation. The second is the tension between carers' claims for support based on the 'burden' of caring and disability rights claims for support for choice and independence for people with disabilities. Policies tend to favor one activity and one constituency over the other. Consequently, individuals' access to resources and choices about how they live are constrained. Using a citizenship rights framework, with insights from human rights law, the principles provide guidance for designing policy and legislation that avoids 'either/or' approaches and addresses the interests of multiple constituencies. Analyses of Australian and English policies demonstrate the value of the principles for developing policy that reduces inequality, responds to 'failures' of neoliberalism, and expands choice for all.

The United States leads the world in incarceration, and the United Kingdom is persistently one of the European countries with the highest per capita rates of imprisonment. Yet despite its increasing visibility as a social issue, mass incarceration - and its inconsistency with core democratic ideals - rarely surfaces in contemporary Anglo-American political theory. Democratic Theory and Mass Incarceration seeks to overcome this puzzling disconnect by deepening the dialogue between democratic theory and punishment policy. This collection of original essays initiates a multi-disciplinary discussion among philosophers, political theorists, and criminologists regarding ways in which contemporary democratic theory might begin to think beyond mass incarceration. Rather than viewing punishment as a natural reaction to crime and imprisonment as a sensible outgrowth of this reaction, the volume argues that crime and punishment are institutions that reveal unmet demands for public oversight and democratic influence. Chapters explore theoretical paths towards de-carceration and alternatives to prison, suggest ways in which democratic theory can strengthen recent reform movements, and offer creative alternatives to mass incarceration. Democratic Theory and Mass Incarceration offers guideposts for critical thinking about incarceration, examining ways to rebuild crime control institutions and create a healthier, more just society.

This volume presents new research in artificial intelligence (AI) and Law with special reference to criminal justice. It brings together leading international experts including computer scientists, lawyers, judges and cyber-psychologists. The book examines some of the core problems that technology raises for criminal law ranging from privacy and data protection, to cyber-warfare, through to the theft of virtual property. Focusing on the West and China, the work considers the issue of AI and the Law in a comparative context presenting the research from a cross-jurisdictional and cross-disciplinary approach. As China becomes a global leader in AI and technology, the book provides an essential in-depth understanding of domestic laws in both Western jurisdictions and China on criminal liability for cybercrime. As such, it will be a valuable resource for academics and researchers working in the areas of AI, technology and criminal justice.

Michelson's analysis of almost 150,000 divorce trials reveals routine and egregious violations of China's own laws upholding the freedom of divorce, gender equality, and the protection of women's physical security. Using 'big data' computational techniques to scrutinize cases covering 2009-2016 from all 252 basic-level courts in two Chinese provinces, Henan and Zhejiang, Michelson reveals that women have borne the brunt of a dramatic intensification since the mid-2000s of a decades-long practice of denying divorce requests. This book takes the reader upstream to the institutional sources of China's clampdown on divorce and downstream to its devastating and highly gendered human toll, showing how judges in an overburdened court system clear their oppressive dockets at the expense of women's lawful rights and interests. This book is a must-read for anyone interested in Chinese courts, judicial decision-making, family law, gender violence, and the limits and possibilities of the globalization of law.This title is also available as Open Access on Cambridge Core.

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to: Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams Highlighting areas that are contentious and on which you will need to form an opinion Avoid common errors: Identifying common pitfalls students encounter in class and in assessment The series is supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus Q&As and podcasts.

Liberal concepts of democracy envision courts as key institutions for the promotion and protection of democratic regimes. Yet social science scholarship suggests that courts are fundamentally constrained in ways that undermine their ability to do so. Recognizing these constraints, this book argues that courts can influence regime instability by affecting inter-elite conflict. They do so in three ways: by helping leaders credibly reveal their rationales for policy choices that may appear to violate legal rules; by encouraging leaders to less frequently make decisions that raise concerns about rule violations; and by encouraging the opposition to accept potential rule violations. Courts promote the prudent use of power in each of these approaches. This book evaluates the implications of this argument using a century of global data tracking judicial politics and democratic survival.

Each society that consumes alcohol has its own unique drinking culture, and each society deals with the drunken products of that culture in particular ways. As Mark D. West shows in Drunk Japan, the distinctive features of Japanese drinking culture and its intoxication-related laws are not simply interesting in and of themselves, but offer a unique window into Japanese society more broadly. Drawing upon close readings of over 5,000 published Japanese court opinions on drunkenness-related cases, he provides a rich description of Japanese alcohol consumption, drinking culture, and intoxication. West reveals that the opinions not only show patterns in what, where, and why people drink in Japan, but they also focus to a surprising extent on characteristics (including occupation, wealth, gender, and education) of individual litigants. By examining the consistencies and contradictions that emerge from the cases, West finds that, at its most extreme, the Japanese legal system is hyper-individualized. Focusing on individual people sometimes leads courts to ignore forensic evidence, to rely on post-arrest drinking tests, and to calculate prison sentences based on factors such as a mother's promise to help her adult child abstain. Cumulatively, the colorful and often tragic cases West uses not only illuminate the complexity of the culture, but they also reveal an entirely new vision of Japanese law and a comprehensive picture of alcohol use in Japanese society writ large.

This book examines the impact and implications of the relationship between risk and criminal justice in advanced liberal democracies, in the context of the 'revolt against uncertainty' which has underpinned the rise of populist politics across these societies in recent years. It asks what impact the demands for more certainty and security, and the insistence that national identity be reasserted, will have on criminal law and penal policy. Drawing upon contributions made at a symposium held at Victoria University of Wellington, New Zealand in November 2018, this edited collection also discusses the way in which risk has come to inform sentencing practices, broader criminal justice processes and the critical issues associated with this. It also examines the growth and making of new 'risky populations' and the harnessing of risk-prevention logics, techniques and mechanisms which have inflated the influence of risk on criminal justice.

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.

Studies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship. In this latest edition of this highly successful research series, chapters examine a diverse range of legal issues and their impact on and intersections with society. This volume focusses on Law and the Imagining of Difference with each chapter examining how law responds to the claims of difference, how and when it recognizes difference and accommodates it, as well as when and why such recognition and accommodation is resisted. Topics covered include disability, same-sex marriage and gender equality. This volume brings together leading scholars and will be vital reading for all those researching in this subject area.

International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the justification of punishment, its articulation in practice, and its broader role as method of international law. He shows that expression and communication is not only an inherent part of the punitive functions of international criminal justice, but is represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. He argues that expressivism is not a classical justification of justice or punishment on its own, but rather a means to understand its aspirations and limitations, to explain how justice is produced and to ground punishment rationales. This book is an invitation to think beyond the confines of the legal discipline, and to engage with the multidisciplinary foundations and possibilities of the international criminal justice project.

- Clear and accessible, the book is Ideally suited for undergraduates who prefer a pedagogically informed style of text. - Can be used as a core text as well as helping students with revision. - Covers all the latest caselaw and debates. - The new edition features a revised website with a range of features, including multiple choice questions to assist students who may take the Solicitor Qualifying Exam in later years.

In identifying a number of 'fuzzy border' cases (notably where pensionable age, pregnancy, residence, and marriage, are proxies for unlawful discrimination), Equality, Discrimination and the Law argues that the traditional notions of discrimination and victimisation are inadequate to implement equality policy and cannot represent fully the reality of discriminatory practices. When Mr and Mrs James - each aged 61 - went swimming, Mr James was charged for entry, while Mrs James was admitted free. The reason was that the local authority offered free swimming to those of 'pensionable age' (at the time, 65 for men and 60 for women). The House of Lords found that Mr James had suffered direct sex discrimination. This majority plurality decision indicated that sometimes a given set of facts does not neatly accord to traditional definitions of discrimination. This in turn encourages the judiciary to shape the law to fit the facts, which results in an inconsistent body of law full of 'fuzzy borders'. Starting with the James case, this book investigates a number of 'fuzzy border' cases in the EU and UK based on nationality discrimination, notions of indirect discrimination, pregnancy and sex discrimination, marriage and sexual orientation discrimination, perceived discrimination, and victimisation. The argument concludes that fixed notions such as 'direct and indirect discrimination are mutually exclusive' do not stand up to scrutiny and that it must be recognised that the traditional concepts of discrimination and victimisation do not reflect the reality of practice. This work is essential reading for students, scholars and practitioners in all EU and English-speaking jurisdictions, particularly post-graduates, Policy/Law-makers, and those on dedicated equality undergraduate courses.

The papers collected in this volume grow out of a series of discussions on the concept of "The Rule of Law" held at meetings of the European AmericanConsortiumforLegalEducationinWarsaw(2008),theAmerican SocietyforLegalHistoryinTempe,Arizona(2007),andtheAssociationof AmericanLawSchoolsinSanDiego,California(2009). Thegatheringof theEuropean-AmericanConsortiumforLegalEducationwasparticularly signi?cant,becauseitalsomarkedthetwo-hundredthanniversaryofthe UniversityofWarsawFacultyofLaw. Wewouldliketothankthosewho attendedthesemeetingsfortheirinsightfulremarksandfortheirinspi- tion,suggestionsandencouragementinbetterunderstandingtheruleof lawfromacomparativeperspective. Thanksarealsoduetothefaculty,staffandstudentsoftheUniversityof BaltimoreCenterforInternationalandComparativeLawwhopreparedthis volumeforpublication,andparticularlytoKatieRolfes,LaurieSchnitzer, BarbaraCoyle,KathrynSpanogle,MoradEghbal,JamesMaxeiner,Nicholas Allen, Caroline Andes, Michael Beste, Suzanne Conklin, Pratima Lele, ShandonPhan,T. J. Sachse,ToschaStoner-SilbaughandBjornThorstensen. WearealsogratefultoDavidBederman,MichaelHoe?ich,CarlLandauer, DavidLieberman,JulesLobel,IleanaPorras,andBrianTamanahafortheir commentsofearlierversionsofthechapterspublishedhere. Imperialegumpotentioraquamhominumesto! Baltimore,MD,USA MortimerSellers Warsaw,Poland TadeuszTomaszewski vii Contents 1 AnIntroductiontotheRuleofLawinComparativePerspective 1 MortimerSellers 2 TheRuleofLawinAncientGreekThought ...11 FredD. Miller 3 TheLiberalStateandCriminalLawReforminSpain...19 AnicetoMasferrer 4 Some Realism About Legal Certainty in the GlobalizationoftheRuleofLaw...41 JamesR. Maxeiner 5 IsGoal-BasedRegulationConsistentwiththeRuleofLaw?. . 57 S. J. A. terBorgandW. S. R. Stoter 6 Re?ectionsonShakespeareandtheRuleofLaw ...71 RobertW. Peterson 7 America'sConstitutionalRuleofLaw:StructureandSymbol. 89 RobinCharlow 8 ConstitutionsWithoutConstitutionalism:TheFailure ofConstitutionalisminBrazil ...101 AugustoZimmermann 9 RuleofLaw,PowerDistribution,andtheProblemof FactioninCon?ictInterventions...147 DanielH. Levine ix x Contents 10 TheRuleofLawinTransitionalJustice:TheFujimori TrialinPeru ...177 LisaJ. Laplante 11 TheInteractionofCustomaryLawwiththeModern RuleofLawinAlbaniaandKosova...201 GencTrnavci 12 Dualism, Domestic Courts, and the Rule ofInternationalLaw...217 FionadeLondras Index...2 45 Contributors RobinCharlow HofstraUniversitySchoolofLaw,Hempstead,NY,USA, robin. charlow@hofstra. edu FionadeLondras SchoolofLaw,InstituteofCriminology,University CollegeDublin,Dublin,Ireland,?onadelondras@ucd. ie LisaJ. Laplante MarquetteUniversityLawSchool,Milwaukee,WI,USA; PraxisInstituteforSocialJustice,Medford,MA,USA, lisa. laplante@marquette. edu DanielH. Levine SchoolofPublicPolicy,InstituteforPhilosophyand PublicPolicy,UniversityofMaryland,CollegePark,MD,USA, dhlevine@umd. edu AnicetoMasferrer ComparativeLegalHistory,FacultyofLaw,University ofValencia,Valencia,Spain,aniceto. masferrer@uv. es JamesR. Maxeiner CenterforInternationalandComparativeLaw, UniversityofBaltimoreSchoolofLaw,Baltimore,MD,USA, jmaxeiner@ubalt. edu FredD. MillerJr. SocialPhilosophyandPolicyCenter,BowlingGreen StateUniversity,BowlingGreen,OH,USA,fmiller@bgnet. bgsu. edu RobertW. Peterson SantaClaraUniversitySchoolofLaw,SantaClara, CA,USA,rpeterson@scu. edu MortimerSellers UniversitySystemofMaryland;CenterforInternational andComparativeLaw,UniversityofBaltimoreSchoolofLaw,Baltimore, MD,USA,msellers@ubalt. edu W. S. R. Stoter FacultyofTechnology,PolicyandManagement,Policy, Organisation,LawandGamingResearchGroup,DelftUniversityof xi xii Contributors Technology,Delft,TheNetherlands;SchoolofLaw'sConstitutionaland AdministrativeLawResearchGroup,ErasmusUniversityRotterdam, Rotterdam,TheNetherlands,stoter@frg. eur. nl S. J. A. terBorg Policy,Organisation,LawandGamingResearchGroup, FacultyofTechnology,PolicyandManagement,DelftUniversityof Technology,Delft,TheNetherlands,s. j. a. terborg@tudelft. nl TadeuszTomaszewski FacultyofLaw,UniversityofWarsaw,Warsaw, Poland,tadtom@wpia. uw. edu. pl GencTrnavci UniversityofBihac, ' Bihac, ' BosniaandHerzegovina, trnavci_hrcpc@yahoo. com AugustoZimmermann MurdochUniversitySchoolofLaw,Perth,Western Australia,a. zimmermann@murdoch. edu.

This book will aid understanding and interpretation of the Californian, UK and Australian Modern Slavery Acts, and will provide an in-depth three-way comparative analysis between the three Acts. Modern slavery is a new legal compliance issue, with new legislation enacted in California (Transparency in Supply Chains Act, 2010), the UK (Modern Slavery Act, 2015) and most recently, Australia (Modern Slavery Act, 2018). Such legislation mandates that business of a certain size annually disclose the steps that they are taking to ensure that modern slavery is not occurring in their own operations and supply chains. The legislation applies to businesses wherever incorporated or formed. Key aspects of primary focus will include lessons learned from the California, UK and Australian experience and central arguments on contentious issues, for example: monetary threshold for determining reporting entities, penalties for non-compliance, compliance lists and appointment of an Anti-Slavery Commissioner. The book will also discuss how contentious issues were ultimately resolved and will undertake a comparative analysis of the Californian, UK and Australian Acts. Modern Slavery Legislation will be of interest to academics and students of business and human rights law.