This edited collection brings together leading and emerging scholars in the important field of sexual violence scholarship. The last 10 years have witnessed an international reckoning on sexual violence, typified in the mainstream imagination by the #MeToo movement, acknowledgement of the violence of university campus life, and the overdue recognition of the enduring harms of child sexual abuse. While the state has been forced to respond through law and other political processes, at times revealing its agility and at other times its archaic investment in the past, much of the real work responding to sexual violence and abuse has taken place within communities, and in the personal responses of the individuals writing the scripts of their experiences. This volume explores the nuances of these individual experiences and considers how they are shaped and reflected by intersecting axes of power including gender, race, class, age and able-bodied status. It reflects on law and law reform in the area and suggests new modes and frames through which to explain and understand sexual violence and institutional responses to it. Debates within this contested personal and political arena do not map onto longstanding binaries of liberal and radical feminism, nor conservative and progressive politics. This interdisciplinary volume traces that murky terrain and features some of the leading international scholars writing on sexual violence in English today. This book will appeal to scholars and students across the broad disciplines of law and legal studies; criminology; gender studies; political science and sociology.

Successfully combines black letter law with a socio-legal approach making it highly accessible for non-law students who need to know the essentials Essential updates in the new edition cover: post-Grenfell legislation, modern methods of construction, new forms of contracts (NE4 and JCT 2016) and the Construction Playbook Includes slides for lecturers

This book examines the role of law in regulating and influencing the lived experiences of posted workers in Europe. The ‘posting’ of workers is an unusual type of labour mobility, where workers are hired out to provide a specific service in another country. Although it involves a specialised area of law, it is one that serves as a magnifying glass for the long-standing tension between the economic and social dimensions of law’s regulatory role. As an atypical form of labour migration, posting also touches upon broader themes concerning the role and purpose of labour law in a changing world of work. Taking up these themes through interviews with posted workers, lawyers and employers, the book adopts a sociolegal approach to consider how the law shapes the precarious lived experiences of posted workers in Europe. Giving voice to those with first-hand experience, the book goes on to propose solutions that might address the precarity of posted work. This book will be of interest to scholars, researchers and practitioners working in the areas of labour law, sociolegal studies, EU law, and migration.

This book places prostitution at the very centre of European history in the twentieth century. With its wide geographical focus from Italy to the USSR via Sweden, Germany, occupied Czechoslovakia and Yugoslavia, as well as the international stage of the United Nations, this book encourages comparative perspectives, which have the potential to question, deconstruct and re-adjust distinctions between western, eastern, northern and southern European historical experiences. This book moves beyond exploring state-regulated prostitution, which was the dominant approach to managing commercial sex across Europe in the nineteenth and early twentieth centuries. State regulation combined police surveillance, the registration of women selling sex (or suspected of doing so), and compulsory medical examinations for registered women, as well as various restrictions on personal movement and freedom. The nine chapters shift focus onto the decades after the abolition of state-regulated prostitution well into the second half of the twentieth century to examine the ruptures and continuities in state, administrative and policing practices following the end of widespread legal toleration. The varied chronology extends the parameters of existing historiography and explores how states grappled to understand, or impose control over, the commercial sex industry following the far-reaching social, economic and political upheaval of the Second World War. The chapters in this book were originally published as a special issue of European Review of History.

In the field of socio-legal studies or law and society scholarship, it is rare to find empirically rich and conceptually sophisticated understandings of actual legal practice. This book, in contrast, connects the conceptual and the empirical, the abstract and the concrete, and in doing so shows the law to be an irreducibly social, material and temporal practice. Drawing on cutting-edge work in the social study of knowledge, it grapples with conceptual and methodological questions central to the field: how and where judgment empirically takes place; how and where facts are made; and how researchers might study these local and concrete ways of judging and knowing. Drawing on an ethnographic study of how narratives and documents, particularly case files, operate within legal practices, this book's unique and innovative approach consists of rearticulating the traditional boundaries separating judgment from knowledge, urging us to rethink the way truths are made within law.

Essential Land Law for SQE1 explains the key principles of Land law in a clear, easy-to-follow style. Principles are introduced and illustrated with reference to practical examples. The book demonstrates the skills of understanding and analysing the law, taking a clear and structured approach to analysing the facts and then applying the relevant principles. It also includes a range of supportive features: Revision points: Each chapter concludes with a concise list of key revision points. Problem questions: To test understanding and analytical skills applied to practical scenarios. The SQE1 companion website provides suggested answers. Multiple choice questions: Each chapter of the book provides multiple choice questions following the SQE1 question format (with answers in an appendix to enable you to test your knowledge). Part of Routledge's Essential Law for SQE1 series, this concise and accessible text provides a clear understanding of the Land law element of SQE1 and enables you to test your assessment skills. Without the assumption of any prior knowledge of Land law, it is suitable for both undergraduates and non-law graduates.

Essential Land Law for SQE1 explains the key principles of Land law in a clear, easy-to-follow style. Principles are introduced and illustrated with reference to practical examples. The book demonstrates the skills of understanding and analysing the law, taking a clear and structured approach to analysing the facts and then applying the relevant principles. It also includes a range of supportive features: Revision points: Each chapter concludes with a concise list of key revision points. Problem questions: To test understanding and analytical skills applied to practical scenarios. The SQE1 companion website provides suggested answers. Multiple choice questions: Each chapter of the book provides multiple choice questions following the SQE1 question format (with answers in an appendix to enable you to test your knowledge). Part of Routledge's Essential Law for SQE1 series, this concise and accessible text provides a clear understanding of the Land law element of SQE1 and enables you to test your assessment skills. Without the assumption of any prior knowledge of Land law, it is suitable for both undergraduates and non-law graduates.

Explores 'crimes of passion' through Shakespeare texts. Interdisciplinary approach. Will appeal to feminist and socio-legal scholars, criminologists and those working in the fields of law and literature, legal theory and Shakespeare studies.

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.

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.

The book The Law of Securitisations: From Crises to Techno-sustainability provides a full and detailed account of the EU legislation in the area of structured finance with the new legal rules dissected and discussed in their full extent. Securitisation transactions have been identified in the literature among the main reasons for the 2007–2008 financial crisis, alongside derivative contracts. More than a decade later, the EU legislature passed in 2017 a legal framework comprehensively disciplining the area of securitisations in the EU. On such a background the main purpose of the book is to discuss and analyse, in a holistic way, both the rationale behind the securitisations as financial transactions and their main players (e.g. originators, SPVs and credit rating agencies) and their "ESG" (Environmental, Social and Governance) challenges, particularly the recent regulation passed in the EU during the 2020–2021 global pandemic. The goal of this legal analysis is to identify and clarify the entire legal process of securitisations, as a result of the new EU legislation, as well as duties, responsibilities and practices incumbent on the main players. Furthermore, the monograph is also concerned with the new challenges facing financial markets and their regulation: the new concept of sustainability and the development of technology. In this scenario, there is a blend of financial issues, new environmental challenges and, ultimately, the role human beings are expected to play, also from a social justice perspective. Adopting not just doctrinal methodology but also comparative (from a private law perspective) and interdisciplinary (regulatory and law and economics), the authors also include a discussion of the main literature which has blossomed over the last two decades on structured finance transactions, particularly the literature that unveiled, a decade ago, the concept of shadow banking. This book will be one of the first to focus on the new EU Securitisation Regulation and will be of interest to academics, students and practitioners of financial law.

A comprehensive and authoritative collection on Judaism in the 21st Century written by leading figures in the field. Deep and thorough coverage of Judaism in a multitude of global and contemporary contexts. Essential for any student of religious studies or Jewish studies, the Handbook will also be very useful for those in related fields, such as sociology, anthropology, and history, as well as Jewish professions and lay leaders.

Mobile technology offers an innovative and cost-effective channel for delivering a range of financial services, including mobile payments. In some jurisdictions, mobile payments simply provide a convenient option for facilitating payment transactions. In other jurisdictions, mobile payments are viewed as potentially transformative because they present an opportunity to expand access to financial services. However, as with other innovations, mobile payments raise consumer protection concerns and require robust regulatory mechanisms to address such concerns. Against this backdrop, the book adopts a typology of consumer policy tools which can be used to address the identified consumer concerns. This typology guides the enquiry into the existing consumer protection frameworks applying to mobile payments in selected jurisdictions (Canada, Kenya, and the United Kingdom). The main objective of this endeavour is to identify best practices that national authorities seeking to leverage mobile payments and similar innovations can emulate. This book will be of interest to policymakers, regulators, industry stakeholders, students and scholars interested in the regulation of innovative financial services, particularly from a consumer protection perspective.

This book tracks and critiques the impact of the internet in Africa. It explores the legal policy implications of, and legal responses to, the internet in matters straddling human rights, development, trade, criminal law, intellectual property, and social justice from the perspective of several African countries and the region. Well-known and emerging African scholars consider whether access to the internet is a human right, the implications on the right to privacy, e-commerce, cybercrime, the opportunities and dangers of admitting electronic evidence, the balancing of freedom of expression with the protection of intellectual property, and how different African legal systems address this tension. This book will be an invaluable resource for a wide range of stakeholders, including researchers, scholars and postgraduate students; policymakers and legislators; lawyers and judicial officers; crime-fighting agencies; national human rights institutions; civil society organisations; international and regional organisations; and human rights monitoring bodies.

This book analyses the contemporary effects of anti-trafficking policies on children trafficked for labour. It explores different dimensions of private and public apparatuses through which the governmentality of child trafficking manifests itself at a regional and interregional level. It investigates questions linked to the diffusion of the child trafficking norm between and within regions and stakeholders; to the criminalisation and vulnerabilisation of child traffickees; and to private governance of anti-trafficking initiatives, in particular concerning social sustainability of business supply chains. Drawing on extensive fieldwork with government, police, justice, civil society, multilateral organizations and businesses in the EU and in the ASEAN, the book argues that child traffickees are subjected not only to physical and psychological violence, but also to structural violence. The book concludes with suggestions to improve current anti-trafficking regimes. This book will be of key interest to scholars, students and practitioners in EU Studies, Southeast Asian Studies, Regionalism, Human Rights, Law, International Relations, and International Political Economy.

Changing Legal and Civic Culture in an Illiberal Democracy is a unique empirical study on recent developments in legal and civic consciousness in Hungary. Drawing its methodology from social psychology, this book illuminates a shift in legal consciousness during the time in which Orban's government has cemented Hungary's reputation as an illiberal democracy. The book foregrounds the voices of the Hungarian population in how they view the shift towards increasingly right-wing politics and an erosion of the rule of law. It opens with an extensive theoretical introduction of the historical development and psychological dimensions of legal consciousness in Hungary and relates the Hungarian research to international developments. It then presents its empirical results and offers a jargon-free account of ordinary people's changing perceptions of their relationship to Hungary's civic and legal cultures, before finally examining the correlations between surveys. Methodologically, the book establishes that theories of legal consciousness and social change are bolstered by empirical data. Offering a new way of approaching shifts in legal consciousness and the rule of law in Balkan and Eastern European countries, this text will be of great interest to researchers and students of social psychology, law, international relations and Central European studies.

This innovative Research Handbook explores recent developments at the intersection of international law, sociology and social theory. In doing so, it highlights anew the potential contribution of sociological methods and theories to the study of international law, and illustrates their use in the examination of contemporary problems of practical interest to international lawyers. The diverse body of expert contributors discuss a wide range of methodologies and approaches - including those inspired by the giants of twentieth century social thought, as well as emergent strands such as computational linguistics, performance theory and economic sociology. With chapters exploring topical areas including the globalization of law, economic globalization, property rights, global governance, international legal counsel, social networks, and anthropology, the Research Handbook presents a number of paths for future research in international legal scholarship. Full of original insight, this interdisciplinary Research Handbook will be essential reading for academics and scholars in international law and sociology, as well as postgraduate students. Lawyers practicing in international law will also find this a stimulating read. Contributors include: W. Alschner, F.M. Bohnenberger, R. Buchanan, K. Byers, S. Cho, D. Desai, S. Dothan, J.L. Dunoff, S. Frerichs, B.G. Garth, M. Hirsch, R. James, C. Joerges, N. Lamp, A. Lang, M.R. Madsen, K. Mansveld, G. Messenger, M.A. Pollack, S. Puig, G.A. Sarfaty, D. Schneiderman, W.G. Werner

In the digital age you can get into serious legal trouble at the click of a button.

The shift from passive Internet user to active digital citizen has brought about unprecedented levels of online interaction, creation and connecting. But as people begin to share more and more about themselves and their lives on social media, they are finding themselves getting into trouble for what they say and do online.

Emma Sadleir and Tamsyn de Beer, who together run one of South Africa’s leading social media law consultancies, point out the social traps and legal tangles that you could find yourself facing as you navigate the murky waters of the digital age. In a fun, witty and easily accessible way, this ground-breaking book details the legal, disciplinary and reputational risks that you, your company and your children face online.

By outlining the laws and rules applicable to what you do and say on social media, and providing practical and common sense advice, Don’t Film Yourself Having Sex ultimately shows you that in order to reap the extraordinary benefits of digital technology without succumbing to its risks, you need to start practising responsible digital citizenship.

Covers the key institutions, concepts and legal rules in the United Kingdom constitutional system Explores the administrative justice system, including judicial review, and the protection of human rights Clearly written and easy to use Updated to cover the latest implications of Brexit, as well as legislation in the wake of the 2020 pandemic.

Originally published in 1955, this book describes in a clear and concise way the nature of a Trade Union in England from the legal point of view, the particular aspects of the Law which make it possible for Trade Unions to carry on their activities and the restraints which the Law place on them for the protection of their members and the community. It briefly reviews the history of Trade Union Law, describes the Acts of Parliament which made the modern Trade Union possible and deals with those aspects of the Law which are important for those who have industrial relations with Trade Unions.

This book analyzes the role of laws and the judiciary in the process of censorship in India. It examines the rationales and observations produced by the judiciary when demands for censorship are directed against publications that allegedly offend religious sentiments. Focusing on a micro-level analysis of censorship of publications, it presents a hard case to understand the limitations of freedom of expression and the role played by the judiciary in defining its boundaries. The volume traces the evolution of laws governing freedom of expression since the colonial period and the context in which these laws were amended after Independence. It also explicates how the legal process - the structural and functional aspects of working of judiciary - affects the fate of freedom of expression in India. Employing comparative legal analysis, it tries to understand and situate the Indian case within the larger discourse of censorship and freedom of expression around the world, thereby marking its similarities and differences. In unravelling the politics of censorship, the author also examines the interaction among different stakeholders like government, non-state actors and the judiciary. A tract for our times, this book will be of great interest to scholars and researchers of law, especially constitutional law and fundamental rights, politics, especially political theory and Indian politics, modern India and South Asian studies.

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.

This book carries out a comprehensive analysis of the Maria Luz incident, a truly significant episode in Japanese and world history, from a legal perspective. In July 1872, the Maria Luz, a barque flying the Peruvian flag, carried Chinese indentured servants from Macau to Peru. After the ship stopped for repairs in Kanagawa Bay, a number of legal issues arose that were destined to change the perception and use of the law in Japan forever. The case had a tremendous impact on the collective imagination, both Japanese and international: it is one of the first occurrences in which an Asian country decided to resist the pressure of a Western nation, and responded using the most refined tools of domestic and international law. Moreover, the final outcome of the case (arbitration in front of the Czar of Russia) marks the debut of Japan on the stage of international arbitration. While historians have written widely on the subject, the legal importance of this event has been relatively neglected. This book uses the case to explore the technical legal issues Japan was facing in its transition from pre-modernity to modernity. These include unequal treaties, extraterritoriality clauses, the need to establish an updated judicial system, and a delicate balance between asserting sovereignty and resorting to diplomacy in solving disputes involving foreigners. Based on original documents, this book is an invaluable resource for researchers and academics in the fields of legal history, dispute resolution, international law, Japanese history and Asian studies.

Europe is ageing. However, in many European countries, and in almost all fields of life, older persons experience discrimination, social exclusion, and negative stereotypes that portray them as different or a burden to society. This pivotal book is the first of its kind, providing a rich and diverse analysis of the inter-relationships between ageing, ageism and law within Europe. Throughout the book - which builds on a European Cooperation in Science & Technology (COST) action - leading scholars offer theoretical and empirical analysis in order to discern the role European law plays in perpetuating and combating ageism. Including specific examples of how stereotypes and prejudices influence and shape the European legal system, the book contributes to the broader current global social movement towards advancing a new international human rights convention for older persons. Timely and engaging, this book will appeal to students and scholars of law, sociology, public policy and a wide range of related fields including gerontology, human rights, and health-studies. Practitioners, policy-makers, civil society organizations and senior citizens activists will also benefit from the insights into the socio-legal aspects of social policies and human rights of older persons. Contributors include: P. de Hert, M. De Pauw, I. Doron, N. Georgantzi, A. Gur, R. Harding, E. Mantovani, T. Mattsson, B. Mikolajczyk, A. Numhauser-Henning, G. Quinn, P. Quinn, B. Spanier, B. Sleap, J. Watson

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.