This book considers the implications of the regulatory burden being borne increasingly by technological management rather than by rules of law. If crime is controlled, if human health and safety are secured, if the environment is protected, not by rules but by measures of technological management-designed into products, processes, places and so on-what should we make of this transformation? In an era of smart regulatory technologies, how should we understand the 'regulatory environment', and the 'complexion' of its regulatory signals? How does technological management sit with the Rule of Law and with the traditional ideals of legality, legal coherence, and respect for liberty, human rights and human dignity? What is the future for the rules of criminal law, torts and contract law-are they likely to be rendered redundant? How are human informational interests to be specified and protected? Can traditional rules of law survive not only the emergent use of technological management but also a risk management mentality that pervades the collective engagement with new technologies? Even if technological management is effective, is it acceptable? Are we ready for rule by technology? Undertaking a radical examination of the disruptive effects of technology on the law and the legal mind-set, Roger Brownsword calls for a triple act of re-imagination: first, re-imagining legal rules as one element of a larger regulatory environment of which technological management is also a part; secondly, re-imagining the Rule of Law as a constraint on the arbitrary exercise of power (whether exercised through rules or through technological measures); and, thirdly, re-imagining the future of traditional rules of criminal law, tort law, and contract law.

Foucault's Law is the first book in almost fifteen years to address the question of Foucault's position on law. Many readings of Foucault's conception of law start from the proposition that he failed to consider the role of law in modernity, or indeed that he deliberately marginalized it. In canvassing a wealth of primary and secondary sources, Ben Golder and Peter Fitzpatrick rebut this argument. They argue that rather than marginalize law, Foucault develops a much more radical, nuanced and coherent theory of law than his critics have acknowledged. For Golder and Fitzpatrick, Foucault's law is not the contained creature of conventional accounts, but is uncontainable and illimitable. In their radical re-reading of Foucault, they show how Foucault outlines a concept of law which is not tied to any given form or subordinated to a particular source of power, but is critically oriented towards alterity, new possibilities and different ways of being. Foucault's Law is an important and original contribution to the ongoing debate on Foucault and law, engaging not only with Foucault's diverse writings on law and legal theory, but also with the extensive interpretive literature on the topic. It will thus be of interest to students and scholars working in the fields of law and social theory, legal theory and law and philosophy, as well as to students of Foucault's work generally.

From predictive policing to self-surveillance to private security, the potential uses to of big data in crime control pose serious legal and ethical challenges relating to privacy, discrimination, and the presumption of innocence. The book is about the impacts of the use of big data analytics on social and crime control and on fundamental liberties. Drawing on research from Europe and the US, this book identifies the various ways in which law and ethics intersect with the application of big data in social and crime control, considers potential challenges to human rights and democracy and recommends regulatory solutions and best practice. This book focuses on changes in knowledge production and the manifold sites of contemporary surveillance, ranging from self-surveillance to corporate and state surveillance. It tackles the implications of big data and predictive algorithmic analytics for social justice, social equality, and social power: concepts at the very core of crime and social control. This book will be of interest to scholars and students of criminology, sociology, politics and socio-legal studies.

The first state-of-the-art, comprehensive resource to encompass the wide breadth of the rapidly growing field of Judaism and health.

For Jews, religion and medicine (and science) are not inherently in conflict, even within the Torah-observant community, but rather can be friendly partners in the pursuit of wholesome ends, such as truth, healing and the advancement of humankind. from the Introduction

This authoritative volume part professional handbook, part scholarly resource and part source of practical information for laypeople melds the seemingly disparate elements of Judaism and health into a truly multidisciplinary collective, enhancing the work within each area and creating new possibilities for synergy across disciplines. It is ideal for medical and healthcare providers, rabbis, educators, academic scholars, healthcare researchers and caregivers, congregational leaders and laypeople with an interest in the most recent and most exciting developments in this new, important field."

Policymaking in large bureaucracies is hardly a simple process. Even the most respected policymakers have to contend with obstacles that seemingly have little to do with the issue at hand--office politics, work structure, and shifting political environments. Yet learning to manage such complex environments is necessary for good policymaking. In Living the Policy Process, Philip Heymann outlines the complex thought processes of policymakers as they struggle to influence both foreign and domestic policy decisions from within the United States government bureaucracy.
Focusing on three critical situations to illuminate the politics of policy choice-the successful attempt to sell missiles to the Mujahideen in Afghanistan in the 1980s; the Iran-Contra scandal; and the FDA's attempt to regulate smoking as well as the efforts to do the same by an outside lobbyist-Heymann dissects the intuitive yet rigorous framework that highly skilled policymakers follow to influence government outcomes. Throughout, he offers detailed accounts of the policy process at work in the Reagan, first Bush, and Clinton administrations, from the cabinet level down to the middle tiers of the federal bureaucracy.
Heymann deftly describes the shifting real-world conditions that government officials face as they struggle to shape the policy agenda. Ultimately, Living the Policy Process offers a clear, incisive look at the complex considerations involved from all perspectives, with concrete examples, and enriches the understanding of the overall policy process for students, scholars, and practitioners.

Policymaking in large bureaucracies is hardly a simple process. Even the most respected policymakers have to contend with obstacles that seemingly have little to do with the issue at hand--office politics, work structure, and shifting political environments. Yet learning to manage such complex environments is necessary for good policymaking. In Living the Policy Process, Philip Heymann outlines the complex thought processes of policymakers as they struggle to influence both foreign and domestic policy decisions from within the United States government bureaucracy.
Focusing on three critical situations to illuminate the politics of policy choice-the successful attempt to sell missiles to the Mujahideen in Afghanistan in the 1980s; the Iran-Contra scandal; and the FDA's attempt to regulate smoking as well as the efforts to do the same by an outside lobbyist-Heymann dissects the intuitive yet rigorous framework that highly skilled policymakers follow to influence government outcomes. Throughout, he offers detailed accounts of the policy process at work in the Reagan, first Bush, and Clinton administrations, from the cabinet level down to the middle tiers of the federal bureaucracy.
Heymann deftly describes the shifting real-world conditions that government officials face as they struggle to shape the policy agenda. Ultimately, Living the Policy Process offers a clear, incisive look at the complex considerations involved from all perspectives, with concrete examples, and enriches the understanding of the overall policy process for students, scholars, and practitioners.

This book seeks to illuminate what we call the cultural lives of cause lawyers by examining their representation in various popular media (including film, fiction, mass-marketed non-fiction, television, and journalism), the work they do as creators of cultural products, and the way those representations and products are received and consumed by various audiences. By attending to media representations and the culture work done by cause lawyers, we can see what material is available for citizens and others to use in fashioning understandings of those lawyers. This book also provides a vehicle for determining whether, how, and to what extent cause lawyering is embedded in the discourses and symbolic practice around which ordinary citizens organize their understanding of social, political, and legal life. This book brings together research on the legal profession with work that takes up the analysis of popular culture. Contributors to this work include scholars of popular culture who turn their attention to cause lawyers and experts on cause lawyering who in turn focus their attention on popular culture. This is a joining of perspectives that is both long overdue and fruitful for both kinds of scholarship.

This book presents a collection of essays on key topics and new perspectives on the EU's Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts. Europe's area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with 'mainstream' EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important 'meta' issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.

A unique analysis of the transformation of law in one of Asia's most dynamic and vibrant nations - a socialist state that is now seeking to build a market economy while struggling to pursue an ethos of social quality and opportunity. Covering a wide range of issues, including the changing role of constitutions and constitutionalism in a rapidly transforming state, the uses and development of economic law, the use of law to control state authority and wrongful governmental behavior, the emergence of public interest law and the use of law to strengthen social equality and civil rights, the growing role of non-governmental organizations and their regulation by the government, the changing role of lawyers, and the role of foreign donors in this legal reform process. Comparisons are made to parallel developments in another transforming socialist state, the People's Republic of China

This volume focuses on the everyday social relationships through which international justice is produced. Using case studies from the International Criminal Court, the European Court of Human Rights, the UN Women's Convention Committee and elsewhere, it explores international justice as a process that takes place at the intersection of the often contradictory practices of applicants, lawyers, bureaucrats, victims, accused and others. With a sensitivity to broader institutional and political inequalities, the contributors ask how and why international justice is mobilised, understood and abandoned by concrete social actors, and to what effect. An attention to the different voices that feed into international justice is essential if we are to understand its potentials and limitations in the midst of social conflict or full blown political violence.

The ideal of an inclusive and participatory Internet has been undermined by the rise of misogynistic abuse on social media platforms. However, limited progress has been made at national - and to an extent European - levels in addressing this issue. In England and Wales, the tackling of underlying causes of online abuse has been overlooked because the law focuses on punishment rather than measures to prevent such abuses. Furthermore, online abuse has a significant impact on its victims that is underestimated by policymakers. This volume critically analyses the legal provisions that are currently deployed to tackle forms of online misogyny, and focuses on three aspects; firstly, the phenomenon of social media abuse; secondly, the poor and disparate legal responses to social media abuses; and thirdly, the similar failings of hate crime to tackle problems of online gender-based abuses. This book advances a compelling argument for legal changes to the existing hate crime, and communications legislation.

An elected judiciary is virtually unique to the American experience and creates a paradox in a representative democracy. Elected judges take an oath to uphold the law impartially, which calls upon them to swear off the influence of the very constituencies they must cultivate in order to attain and retain judicial office. This paradox has given rise to perennially shrill and unproductive binary arguments over the merits and demerits of elected and appointed judiciaries, which this project seeks to transcend and reimagine. In Who Is to Judge?, judicial politics expert Charles Gardner Geyh exposes and explains the overstatements of both sides in the judicial selection debate. When those exaggerations are understood as such, it becomes possible to search for common ground and its limits. Ultimately, this search leads Geyh to conclude that, while appointive systems are a preferable default, no one system of selection is best for all jurisdictions at all times.

A number of recent events in the last decade have renewed interest in Russian discourses on international law. This book evaluates and presents a contemporary analysis of Russian discourses on international law from various perspectives, including sociological, theoretical, political, and philosophical. The aim is to identify how Russia interacts with international law, the reasons behind such interactions, and how such interactions compare with the general practice of international law. It also examines whether legal culture and other phenomena can justify Russia's interaction in international law. Russian Discourses on International Law explains Russia's interpretation of international law through the lens of both leading western scholars and contemporary western-based Russian scholars. It will be of value to international law scholars looking for a better understanding of Russia's behavior in international legal relations, law and society, foreign policy, and domestic application of international law. Further, those in fields such as sociology, politics, philosophy, or general graduate students, lawyers, think tanks, government departments, and specialized Russian studies programs will find the book helpful.

Law can be viewed as a body of rules and legal sanctions that channel behavior in socially desirable directions for example, by encouraging individuals to take proper precautions to prevent accidents or by discouraging competitors from colluding to raise prices. The incentives created by the legal system are thus a natural subject of study by economists. Moreover, given the importance of law to the welfare of societies, the economic analysis of law merits prominent treatment as a subdiscipline of economics. Our hope is that this two volume Handbook will foster the study of the legal system by economists.
*The two volumes form a comprehensive and accessible survey of the current state of the field.
*Chapters prepared by leading specialists of the area.
*Summarizes received results as well as new developments.

What is effective legislation? Can lawmakers around the world improve the effectiveness of their laws? And if yes, how? Designing Effective Legislation analyses legislative effectiveness in theory and practice and concludes that effective laws can be engineered through the use of particular design and drafting techniques. Employing a clear and logical structure, the author demonstrates that four elements, that exist in every law, are paramount to effectiveness: purpose, content, context and results. A clear purpose sets a benchmark for what a law aims to achieve; well designed and communicated content ensures that the law has the mechanics required to achieve the desired results; laws that integrate harmoniously the legal system ensure coherence and the lack of contradiction; and results determine what has been achieved and whether this corresponds to initial intentions. By examining these four elements in unity and addressing the particular challenges involved in their design and drafting, lawmakers can secure the basic foundations of an effective law. Providing an in in-depth analysis of the concept of legislative effectiveness this book will be relevant to academics and researchers working in the fields of legislative studies, theory of law, regulation and the sociology of law but also to legal practitioners, policy makers and legislative drafters involved in the design or reform of legislation worldwide.

The contemporary U.S. legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.

Cause Lawyers and Social Movements seeks to reorient scholarship on cause lawyers, inviting scholars to think about cause lawyering from the perspective of those political activists with whom cause lawyers work and whom they seek to serve. It demonstrates that while all cause lawyering cuts against the grain of conventional understandings of legal practice and professionalism, social movement lawyering poses distinctively thorny problems. The editors and authors of this volume explore the following questions: What do cause lawyers do for, and to, social movements? How, when, and why do social movements turn to and use lawyers and legal strategies? Does their use of lawyers and legal strategies advance or constrain the achievement of their goals? And, how do movements shape the lawyers who serve them and how do lawyers shape the movements?

Given that persons typically have a right not to be subjected to the hard treatment of punishment, it would seem natural to conclude that the permissibility of punishment is centrally a question of rights. Despite this, the vast majority of theorists working on punishment focus instead on important aims, such as achieving retributive justice, deterring crime, restoring victims, or expressing society's core values. Wellman contends that these aims may well explain why we should want a properly constructed system of punishment, but none shows why it would be permissible to institute one. Only a rights-based analysis will suffice, because the type of justification we seek for punishment must demonstrate that punishment is permissible, and it would be permissible only if it violated no one's rights. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment by culpably violating (or at least attempting to violate) the rights of others. After defending rights forfeiture theory against the standard objections, Wellman explains this theory's implications for a number of core issues in criminal law, including the authority of the state, international criminal law, the proper scope of the criminal law and the tort/crime distinction, procedural rights, and the justification of mala prohibita.

Our world and the people within it are increasingly interpreted and classified by automated systems. At the same time, automated classifications influence what happens in the physical world. These entanglements change what it means to interact with governance, and shift what elements of our identity are knowable and meaningful. In this cyber-physical world, or 'world state', what is the role for law? Specifically, how should law address the claim that computational systems know us better than we know ourselves? Monitoring Laws traces the history of government profiling from the invention of photography through to emerging applications of computer vision for personality and behavioral analysis. It asks what dimensions of profiling have provoked legal intervention in the past, and what is different about contemporary profiling that requires updating our legal tools. This work should be read by anyone interested in how computation is changing society and governance, and what it is about people that law should protect in a computational world.

Fierce and often ugly battles are being waged, especially in the United States, over who is allowed to marry, what marriage signifies, and where marriage is headed. Kathleen Hull examines these debates, and data from interviews with over seventy people in same-sex relationships, to explore the cultural practices surrounding same-sex marriage and the legal battle for recognition. Arguing that the cultural and legal dimensions of marriage are closely intertwined, she shows how same-sex couples use marriage-related cultural practices, such as public commitment rituals, to assert the reality of their commitments despite lack of legal recognition. Though many same-sex couples see the law of the state to hold a unique cultural power to legitimate their relationships and identities, Hull finds that their opponents equally look to the law to re-establish a social normalcy that excludes same-sex relationships. This is a timely look at a contentious issue.

Cyber hate can take many different forms from online material which can lead to actual offline abuse and violence, cyber violence; cyber stalking, and online harassment with the use of visual images, videos, chat rooms, text and social media which are intended to cause harm. This book examines the case for current guidelines dealing with online anti-Muslim abuse and concludes that we require a new understanding of this online behaviour and the impact it can have on vulnerable communities. It is unique as it focuses on new technology in the form of social media and the Internet and explores the challenges the police and other agencies face when confronting anti-Muslim abuse in cyberspace. It also provides a critique of how people are targeted by online offenders and helps us understand online anti-Muslim behaviour in a much more detailed and comprehensive way by bringing together a range of experts who will examine this phenomenon and critically discuss why they think it has become so much more prevalent than it was before.

'A forensic, riveting account of a wondrous and principled advocate' Philippe Sands 'Well-written, deeply researched and wholly gripping' The Spectator 'Meticulously researched' The Times 'Kentridge is one of many lawyers to whom I will forever be in debt, and whose everyday fights against injustice should inspire us all' David Lammy Sydney Kentridge carved out a reputation as South Africa's most prominent anti-apartheid advocate - his story is entwined with the country's emergence from racial injustice and oppression. He is the only advocate to have acted for three winners of the Nobel Peace Prize - Nelson Mandela, Archbishop Desmond Tutu and Chief Albert Lutuli. Already world-famous for his landmark cases including the Treason Trial of Nelson Mandela and the other leading members of the ANC, the inquiry into the Sharpeville massacre, and the inquest into the death of Steve Biko, he then became England's premier advocate. Through the great set-pieces of the legal struggle against apartheid - cases which made the headlines not just in South Africa, but across the world - this biography is a portrait of enduring moral stature.

A Guide to Landlord and Tenant Law provides a strong foundation in commercial landlord and tenant, and housing law. The book is designed to provide a complete course text for both undergraduate and postgraduate students from surveying and real estate management backgrounds. This clear and accessible textbook aims to introduce the reader to the fundamentals of both residential and commercial landlord and tenant law by considering the nature of the tenancy and the relationship between the parties. It examines the main elements of the commercial lease including rent, repair, alienation, termination and statutory renewal. The main types of residential tenancy are also considered including: assured and assured shorthold tenancies, secure and Rent Act tenancies and long leasehold enfranchisement. The book aims to familiarise the reader with the contractual documentation as well as the common law and statutory codes which form the basis of landlord and tenant transactions. It contains useful features such as: extracts from the Model Commercial Lease key case summaries, a glossary and chapter summaries further reading lists In addition, students on the Legal Practice Course and Bar Professional Training Course will find this to be a useful supplementary resource as will professional surveyors and lawyers looking for a refresher on the latest landlord and tenant law.

This book addresses three major questions about law and legal systems: (1) What are the defining and organizing forms of legal institutions, legal rules, interpretive methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? This is the first book that seeks to offer general answers to these questions and thus gives form in the law its due. The answers not only provide articulate conversancy with the subject but also reveal insights into the nature of law itself, the oldest and foremost problem in legal theory and allied subjects.

In the past few years, constitutional courts have been presented with new challenges. The world financial crisis, the new wave of terrorism, mass migration and other country-specific problems have had wide-ranging effects on the old and embedded constitutional standards and judicial constructions. This book examines how, if at all, these unprecedented social, economic and political problems have affected constitutional review in Europe. As the courts' response must conform with EU law and in some cases international law, analysis extends to the related jurisprudence of the European Court of Justice and the European Court of Human Rights. The collection adopts a common analytical structure to examine how the relevant challenges have been addressed in ten country specific case studies. Alongside these, constitutional experts frame the research within the theoretical understanding of the constitutional difficulties of the day in Europe. Finally, a comparative chapter examines the effects of multilevel constitutionalism and identifies general European trends. This book will be essential reading for academics and researchers working in the areas of constitutional law, comparative law and jurisprudence.