Legal philosophy traditionally focuses on the courts, but not on the police - despite the fact that what the police do has considerable implications for what we understand law to be. Police writers in turn often overlook the subject of philosophy, and how philosophy can inform particular issues of police practice.
In The Jurisprudence of Police, Thomas Vincent Svogun closes this gap by developing a new philosophy of law in tandem with a new theory of law enforcement, thus providing the basis for a general unified theory of law that reconciles the work of legislators and judges with the work of police. Much attention is devoted to the shift in the police paradigm from technically oriented professional law enforcement to problem-oriented community policing. This book integrates literature in legal philosophy and police theory to elaborate new integrative theory, introduce new concepts, and make recommendations for future public policy.

While the 1960s marked a rights revolution in the United States, the subsequent decades have witnessed a rights revolution around the globe, a revolution that for many is a sign of the advancement of democracy. But is the act of rights claiming a form of political contestation that advances democracy? Rights language is ubiquitous in national and international politics today, yet nagging suspicions remain about the compatibility between the practice of rights claiming and democratic politics. While critics argue that rights reinforce ways of thinking and being that undermine democratic values and participatory practices, even champions worry that rights lack the legitimacy and universality necessary to bring democratic aspirations to fruition.
Making Rights Claims provides a unique entree into these important and timely debates. Rather than simply taking a side for or against rights claiming, the book argues that understanding and assessing the relationship between rights and democracy requires a new approach to the study of rights. Zivi combines insights from speech act theory with recent developments in democratic and feminist thought to develop a theory of the performativity of rights claiming. If we understand rights claims as performative utterances and acts of persuasion, we come to see that by saying "I have a right," we constitute and reconstitute ourselves as democratic citizens, shape our communities, and transform constraining categories of identity in ways that may simultaneously advance and challenge aspects of democracy. Furthermore, we begin to understand that rights claiming is not a wholly rule bound practice. To illustrate her theory, Zivi discusses different sides of two recent rights debates: mandatory HIV testing of pregnant women and the new immigration laws."

This book provides a critical socio-legal study that brings together the latest scholarly advances on corporate social responsibility, and, at the same time, addresses the pressing issue of corporate liability for harmful acts across the supply and production chains. Corporations have seldom been held responsible and virtually never liable for the acts of their subsidiaries and subcontractors. Actors as different as workers, investors, individual consumers, and shareholder activists claim that corporations should accept greater responsibility for communities and environments affected by their activities. The book argues that a global value chain's head corporations remain immune to any liability because of the 'economically dependent-legally independent' relationships between core corporations and their periphery suppliers and subcontractors. To tackle this problem, globally, the author acknowledges that 'we' as a society need to reduce the economic dependence as described above - which is far too excessive - by ensuring a level playing field both economically and socially. More concretely, she argues that in order to realise transnational corporate liability, 'we' as lawyers need to find a way (or ways) to establish legally effective relationships between head corporations and their economically dependent entities. Readers of this book will be able to export the concept of corporate social liability, developed in the context of value chains, and apply it to other contexts involving corporate activities where they need to tackle unrestrained corporate freedom and make global businesses responsible and socially useful.

This book discusses the salience of the caste question in UK law. It provides the background to how the caste provision came into the Equality Act 2010 and how it was reinforced in 2013, and analyses the various interests that played a role in getting caste into law.

Unique in its use of literature from Dutch, French, and German sources. No other comparable textbook on legal method/ legal science. Interdisciplinary; useful also for those looking to understand the philosophy of science.

Fines and monetary damages account for the majority of legal sanctions across the whole spectrum of legal governance. Money is, in key respects, the primary tool law has to achieve compliance. Yet money has largely been ignored by social analyses of law, and especially by social theory.

The Currency of Justice examines the differing rationalities, aims and assumptions built into money's deployment in diverse legal fields and sanctions. This raises major questions about the extent to which money appears as an abstract universal or whether it takes on more particular meanings when deployed in various areas of law. Indeed, money may be unique in that it can take on the meanings of punishment, compensation, denunciation or regulation.

The Currency of Justice examines the implications of the ?monetization of justice? as life is increasingly regulated through this single medium. Money not only links diverse domains of law; it also links legal sanctions to other monetary techniques which govern everyday life. Like these, the concern with monetary sanctions is not who pays, but that money is paid. Money is perhaps the only form of legal sanction where the burden need not be borne by the wrongdoer. In this respect, this book explores the view that contemporary governance is less concerned with disciplining individuals and more concerned with regulating distributions and flows of behaviours and the harms and costs linked with these.

Just how do you become a barrister? And why do only 1 per cent of those who study law succeed in joining this mysteriously opaque profession? If it's such a great occupation, how come you work 100-hour weeks for less than minimum wage? And why might a practising barrister come to feel the need to reveal the lies, secrets, failures and crises at the heart of this world of wigs and gowns? Nothing But The Truth charts an outsider's progress down the winding path towards practising at the Bar, taking in the sometimes absurd traditions of the Inns of Court, where every meal mandates a glass of port and a toast to the Queen, to the Hunger Games-type contest for pupillage, through the endlessly frustrating experience of being a junior barrister - as a creaking, ailing justice system begins to convince them that something has to change . . . Full of hilarious, shocking, and surprising stories from their working life, Nothing But The Truth tracks the Secret Barrister's transformation from hang 'em and flog 'em, austerity-supporting twenty-something to campaigning, bestselling, reforming author whose writing in defence of the law is celebrated around the globe. It asks questions about what we understand by justice, and what it takes to change our minds. It also reveals the darker side of working in criminal law, and how the things our justice system gets wrong are not the things most people expect. Praise for the Secret Barrister . . . 'Dishes the dirt - or serves up a slice of reality - on what barristers do' - The Times 'An illuminating and timely insight into the legal system . . . fascinating' - Sunday Express 'Excellent . . . at once a vicious polemic, a helpful primer and a cringe-inducing account of one barrister's travails' - Daily Telegraph

Examining fisheries, Brexit, the Trade and Cooperation Agreement (TCA) and its consequences for the Fishing Industry in the UK and the EU, this book explores key issues within the complex topic of fisheries after Brexit. Assessing the new fishing relationship between the UK and the EU, which will continue to develop over the next decade, it provides an important study of the state of fisheries post-Brexit. Taking a cross-cutting economic, legal and policy approach, the book outlines the social and economic impacts of Brexit on the UK and EU fishing industries. It critically analyses the provisions relevant to fisheries in the TCA, reflects on the bilateral fishing negotiations between the EU, UK and Norway, providing inferences as to what the "new and special relationship" might be in fisheries. It then focuses on the 2020 Fisheries Act and explores internal divergences in the nations of the UK because of devolution. Taking an international approach, the work offers an exploration of cooperation in fisheries enforcement, international and regional obligations in marine conservation, and the new horizons for the UK in international fisheries organizations and arrangements now it is no longer a member of the EU. It offers an overview of expert opinion on fisheries post-Brexit, highlighting lessons learned and future developments for fisheries in a post-Brexit world. Having finally signed the Trade and Cooperation Agreement on 31 December 2020 after tense negotiations, the United Kingdom and European Union have found themselves in a new fisheries relationship. This book maps the complex social, economic, legal and policy issues of fisheries in a post-Brexit world and will be of interest to stakeholders and scholars.

This book sheds light on the processes that have transformed national citizenship of the European Union's member states and explains the legislative changes that have taken place since the mid-1980s in Germany, Hungary and Poland.

Provides a tightly structured introduction to this complex topic, supported by well chosen case studies from a variety of jurisdictions. Appropriate for law students looking to practice contract law in a transnational environment.

This book discusses the relationship between law and memory and explores the ways in which memory can be thought of as contributing to legal socialization and legal meaning-making. Against a backdrop of critical legal pluralism which examines the distributedness of law(s), this book introduces the notion of mnemonic legality. It emphasises memory as a resource of law rather than an object of law, on the basis of how it substantiates senses of belonging and comes to frame inclusions and exclusions from a national community on the basis of linear-trajectory and growth narratives of nationhood. Overall, it explores the sensorial and affective foundations of law, implicating memory and perceptions of belonging within this process of creating legality and legitimacy. By identifying how memory comes to shape and inform notions of law, it contributes to legal consciousness research and to important questions informing much socio-legal research.

In recent years a new form of populism has taken hold of our politics, turning Britain into an increasingly intolerant and fractious country. As our society grapples with the threat posed by terrorism and the uncertainty that has followed the Brexit referendum and the coronavirus pandemic, cracks have begun to appear in the very foundations of our liberal democracy; the values that we once regarded as sacred are being called into question. Former barrister and judge Inigo Bing examines how the bonds of trust between the British people and our democratic institutions have broken down and the principles that underpin the rule of law are under threat from populist politics. Populism on Trial analyses how politicians have shown an increasing contempt for the principle of judicial independence as they attempt to exercise unrestrained power. Bing seeks to remind us that without law we have only power, and power without law is tyranny. He demonstrates how the rule of law is a fragile yet essential ingredient in our democracy and argues that it must be vigorously upheld or it will be cast aside by the rising tide of populism

In 1788 John Adams created a sublime ambition for all nations - 'a government of laws and not of men'. In the intervening years we have come to learn that legislation itself works through the interpretations of the many men and women who work on the inside and the outside of the law. Effective regulation thus depends not only on scrupulous legal analysis, with its appeal to precedent, conceptual clarity and argumentation, but also on sound empirical research, which often reveals diversity in implementation, enforcement and observance of the law in practice. In this outstanding, worldly-wise book Leeuw and Schmeets demonstrate how to bridge the gap between the letter and the delivery of the law. It is packed with examples, cases and illustrations that will have international appeal. I recommend it to students and practitioners engaged across all domains of legislation and regulation.' - Ray Pawson, University of Leeds, UK Empirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies and other legal arrangements at play in society. It is invaluable as a guide to legal scholars, practitioners and students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics and empirically informed ethics. The authors present an overview of the roots of this blossoming interdisciplinary domain, going back to legal realism, the fields of law, economics and the social sciences, and also to civilology and evaluation studies. The book addresses not only data analysis and statistics, but also how to formulate adequate research problems, to use (and test) different types of theories (explanatory and intervention theories) and to apply new forms of literature research to the field of law such as the systematic, rapid and realist reviews and synthesis studies. The choice and architecture of research designs, the collection of data, including Big Data, and how to analyze and visualize data are also covered. The book discusses the tensions between the normative character of law and legal issues and the descriptive and causal character of empirical legal research, and suggests ways to help handle this seeming disconnect. This comprehensive guide is vital reading for law practitioners as well as for students and researchers dealing with regulation, legislation and other legal arrangements.

This book explores men's attraction to violent extremist movements and terrorism. Drawing on multi-method, interdisciplinary research, this book explores the centrality of masculinity to violent extremist recruitment narratives across the religious and political spectrum. Chapters examine the intersection of masculinity and violent extremism across a spectrum of movements including: the far right, Islamist organizations, male supremacist groups, and the far left. The book identifies key sites and points at which the construction of masculinity intersects with, stands in contrast to and challenges extremist representations of masculinity. It offers an insight into where the potential appeal of extremist narratives can be challenged most effectively and identifies areas for both policy making and future research.

The rule of law, an ideology of equality and universality that justified Britain's eighteenth-century imperial claims, was the product not of abstract principles but imperial contact. As the Empire expanded, encompassing greater religious, ethnic and racial diversity, the law paradoxically contained and maintained these very differences. This book revisits six notorious incidents that occasioned vigorous debate in London's courtrooms, streets and presses: the Jewish Naturalization Act and the Elizabeth Canning case (1753-54); the Somerset Case (1771-72); the Gordon Riots (1780); the mutinies of 1797; and Union with Ireland (1800). Each of these cases adjudicated the presence of outsiders in London - from Jews and Gypsies to Africans and Catholics. The demands of these internal others to equality before the law drew them into the legal system, challenging longstanding notions of English identity and exposing contradictions in the rule of law. -- .

Readings in Law and Popular Culture is the first book to bring together high quality research, with an emphasis on context, from key researchers working at the cutting-edge of both law and cultural disciplines.

Fascinating and varied, the volume crosses many boundaries, dealing with areas as diverse as football-based computer games, Buffy the Vampire Slayer, digital sampling in the music industry, the films of Sidney Lumet, football hooliganism, and Enid Blyton. These topics are linked together through the key thread of the role of, or the absence of, law - therefore providing a snapshot of significant work in the burgeoning field of law and popular culture.

Including important theoretical and truly innovative, relevant material, this contemporary text will enliven and inform a legal audience, and will also appeal to a much broader readership of people interested in this highly topical area.

Investigating the unique EU-CARICOM legal relationship, this book explores the major theme of globalisation, which shapes inter-regional organisations individually and determines their relationship to one another. It evaluates how EU-CARICOM relations have fostered trade, security and other development measures, reflecting on the past, future and present of the Caribbean states that are active in the EU-CARICOM framework. Providing case studies on key issues such as immigration, tax and energy, it examines the impact that the EU-CARICOM has on the slave trade and the deportation of millions of people. Such bitter experiences still indirectly shape culture, hopes and the economic framework of possibilities today; therefore, the focus of the volume is on the issues which the constant stream of globalisation creates. The book assesses many potential impacts that the agenda of the EU and Brexit pending will have upon the EU-CARICOM relationship, given the potential for these to create instability. Overall, it highlights how the EU and CARICOM are representations for multilateralism and serve as models that provide the basis for many successful initiatives and agreements. In all new agreements and negotiations, the will to accept the Sustainable Development Goals and thus to make inequality, climate change and other goals of the SDGs the basis of an order that puts people at the centre, are evaluated, and the global agenda 2030 and its impact on EU-CARICOM. Overall, it highlights how the EU and CARICOM are representations for multilateralism and serve as models that provide the basis for many successful initiatives and agreements. In all new agreements and negotiations, the will to accept the Sustainable Development Goals and thus to make inequality, climate change and other goals of the SDGs the basis of an order that puts people at the centre, are evaluated, and the global agenda 2030 and its impact on EU-CARICOM.

This edited book by Mills and Karp brings together political, legal and moral perspectives on the responsibilities of human rights protection in world politics today. It critiques a narrow focus on states' 'violations' of human rights, incorporates non-state actors, and looks beyond the 'Responsibility to Protect' policy framework.

A great resource both for new law students and for more established law students looking to develop their skills; The new author team have thoroughly revised the book, with a streamlined structure, new 'how to use this book' section and glossary of terms, and a host of additional tables, flowcharts, figures, charts, screenshots, outline boxes and online source links.

In this insightful collection, a broad range of scholars analyzes a core issue for socio-legal studies, what is understood by the 'socio' of the 'socio-legal'. Drawing from legal theory, cultural studies, and social policy, the collection's wide scope of themes and topics provides an important stock-take and analysis of the socio-legal field.

This "Open Access" book investigates the legal reality of the church through a sociological lens and from the perspective of canon law studies, the discipline which researches the law and the legal structure of the Catholic Church. It introduces readers from various backgrounds to the sociology of canon law, which is both a legal and a theological field of study, and is the first step towards introducing a new subdiscipline of the sociology of canon law. As a theoretical approach to mapping out this field, it asks what theology and canon law may learn from sociology; it discusses the understanding of "law" in religious contexts; studies the preconditions of legal validity and effectiveness; and based on these findings it asks in what sense it is possible to speak of canon "law". By studying a religious order as its struggles to find a balance between continuity and change, this book also contributes to the debates on religious law in modernity and the challenges it faces from secular states and plural societies. This book is of interest to researchers and students of the sociology of law, legal studies, law and religion, the sociology of religion, theology, and religious studies. This is an open access book.

A powerful analysis of why lies and falsehoods spread so rapidly now, and how we can reform our laws and policies regarding speech to alleviate the problem. Lying has been with us from time immemorial. Yet today is different-and in many respects worse. All over the world, people are circulating damaging lies, and these falsehoods are amplified as never before through powerful social media platforms that reach billions. Liars are saying that COVID-19 is a hoax. They are claiming that vaccines cause autism. They are lying about public officials and about people who aspire to high office. They are lying about their friends and neighbors. They are trying to sell products on the basis of untruths. Unfriendly governments, including Russia, are circulating lies in order to destabilize other nations, including the United Kingdom and the United States. In the face of those problems, the renowned legal scholar Cass Sunstein probes the fundamental question of how we can deter lies while also protecting freedom of speech. To be sure, we cannot eliminate lying, nor should we try to do so. Sunstein shows why free societies must generally allow falsehoods and lies, which cannot and should not be excised from democratic debate. A main reason is that we cannot trust governments to make unbiased judgments about what counts as "fake news." However, governments should have the power to regulate specific kinds of falsehoods: those that genuinely endanger health, safety, and the capacity of the public to govern itself. Sunstein also suggests that private institutions, such as Facebook and Twitter, have a great deal of room to stop the spread of falsehoods, and they should be exercising their authority far more than they are now doing. As Sunstein contends, we are allowing far too many lies, including those that both threaten public health and undermine the foundations of democracy itself.

This book provides the first comprehensive analysis of the immediate and likely longer-term consequences of Brexit for the UK's competition law regime and includes the competition and subsidy control provisions of the EU-UK Trade and Cooperation Agreement. It has been written to be of value to scholars and practitioners of competition law, whilst also providing a useful guide to readers with only limited understanding of competition rules. The book provides a detailed critical discussion of how Brexit impacts on five key aspects of competition policy in the UK: legislation, institutions and cooperation; antitrust rules that prohibit anti-competitive agreements and the abuse of a dominant position; private enforcement, in particular actions for damages; regulation of mergers and acquisitions; and State aid or subsidy control rules.

This edited collection brings together scholars and practitioners in every chapter to provide a comprehensive and unique exploration of courts in Australia. The primary focus is to identify controversies, challenges and change, in the form of potential reforms within the courts across Australian jurisdictions. Bringing forward original research and scholarship on a wide array of courts in Australia, combined with insightful practitioner perspectives, research will be effectively integrated with practice. This book is the first comprehensive collection of its kind to canvas the diversity of courts in Australia, providing comprehensive critical analysis of contemporary issues, debates and reforms. It considers the array of courts across state, territory and national jurisdictions in Australia, including coroners' courts, family courts, criminal, civil courts and problem solving courts. It also adopts an intersectional approach, providing insights into the perspectives of various court users such as people with disability, ethnic minorities, Indigenous Australians, and victims of crime. Each chapter provides opportunities for further debate among scholars, practitioners and students regarding potential future directions for reform to improve the efficacy, equity and accessibility of Australian courts.This collection serves as an international ready reference for students, scholars and practitioners alike.

How do ordinary people access justice? This book offers a novel socio-legal approach to access to justice, alternative dispute resolution, vulnerability and energy poverty. It poses an access to justice challenge and rethinks it through a lens that accommodates all affected people, especially those who are currently falling through the system. It raises broader questions about alternative dispute resolution, the need for reform to include more collective approaches, a stronger recognition of the needs of vulnerable people, and a stronger emphasis on delivering social justice. The authors use energy poverty as a site of vulnerability and examine the barriers to justice facing this excluded group. The book assembles the findings of an interdisciplinary research project studying access to justice and its barriers in the UK, Italy, France, Bulgaria and Spain (Catalonia). In-depth interviews with regulators, ombuds, energy companies, third-sector organisations and vulnerable people provide a rich dataset through which to understand the phenomenon. The book provides theoretical and empirical insights which shed new light on these issues and sets out new directions of inquiry for research, policy and practice. It will be of interest to researchers, students and policymakers working on access to justice, consumer vulnerability, energy poverty, and the complex intersection between these fields. The book includes contributions by Cosmo Graham (UK), Sarah Supino and Benedetta Voltaggio (Italy), Marine Cornelis (France), Anais Varo and Enric Bartlett (Catalonia) and Teodora Peneva (Bulgaria).