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Books > Law > Jurisprudence & general issues > Law & society
This book assesses the implications of how children and young people are represented in print media in Northern Ireland - a post-conflict transitioning society. Gordon analyses how children and young people's perceived involvement in anti-social and criminal behaviour is constructed and amplified in media, as well as in popular and political discourses. Drawing on deviancy amplification, folk devils and moral panics, this original study specifically addresses the labelling perspective and confirms that young people are convenient scapegoats - where their negative reputation diverts attention from the structural and institutional issues that are inevitable in a post-conflict society. Alongside content analysis from six months of print media and a case study on the representation of youth involvement in 'sectarian' rioting, this book also analyses interviews with editors, journalists, politicians, policy makers and a spokesperson for the Police Service of Northern Ireland. Noting the importance of prioritising the experiences of children, young people and their advocates, this timely and engaging research will be of specific interest to scholars and students of criminal justice, criminology, socio-legal studies, sociology, social policy, media studies, politics and law, as well as media professionals and policy makers.
This book investigates language-related problems which arise in courtroom discourse in the Republic of Cameroon, in Central Africa. While Cameroon has over 250 national languages, court cases are conducted in the two official languages: English and French. This is despite the fact that 40% of the adult population is illiterate in these languages, and means that lay litigants often encounter language-related problems during trials. In this study, the author makes use of Speech Act Theory and Interactional Sociolinguistics to analyse the speech acts of both legal professionals and lay litigants as observed in 37 legal cases, demonstrating how the use of exoglossic languages in a highly multilingual nation constitutes a serious issue. The book will be of interest to students and scholars of Forensic Linguistics, Language Policy and Planning, and Discourse Analysis, particularly those with an interest in the African context.
This book explores the use of restorative justice approaches in the context of environmental crimes. It critically assesses regular criminal justice approaches with regard to green crimes and explores restorative justice conferencing as an alternative. Focussing on justice approaches in Australia and New Zealand, it argues that court processes following environmental offending provide minimal to no offender and victim voice, interaction, and input, rendering them invisible. It proposes a third measure of justice - that of meaningful involvement, beyond that of fair procedure and outcome. It suggests the use of restorative justice conferencing, a facilitated dialogue between stakeholders to crime or conflict, as a vehicle to operationalise and achieve justice as meaningful involvement. This book speaks to those interested in green criminology, victimology and environmental law.
Organized crime in Mexico has been responsible for a worrying increase in violence in that country since Felipe Calderon assumed the presidency in 2006. The country's main criminal gangs are now a real challenge to the Mexican state. Government policies aimed at combating that threat have not been very successful to date. While it is certainly possible to exaggerate the threat posed by organized crime to the Mexican state, the real problems posed are serious enough. This book considers the issue from a variety of viewpoints. The essential argument is that the organized crime is best combated by institutional reforms directed at strengthening the rule of law and winning over public opinion rather than by a heavy reliance on armed force. Some such reforms have indeed taken place in Mexico, and are discussed in the book.
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.
Crime scene investigation-or CSI-has captured the modern imagination. On television screens and in newspapers, we follow the exploits of forensic officers wearing protective suits and working behind police tape to identify and secure physical evidence for laboratory analysis. But where did this ensemble of investigative specialists and scientific techniques come from? In Murder and the Making of English CSI, Ian Burney and Neil Pemberton tell the engrossing history of how, in the first half of the twentieth century, novel routines, regulations, and techniques-from chain-of-custody procedures to the analysis of hair, blood, and fiber-fundamentally transformed the processing of murder scenes. Focusing on two iconic English investigations-the 1924 case of Emily Kaye, who was beaten and dismembered by her lover at a lonely beachfront holiday cottage, and the 1953 investigation into John Christie's serial murders in his dingy terraced home in London's West End-Burney and Pemberton chart the emergence of the crime scene as a new space of forensic activity. Drawing on fascinating source material ranging from how-to investigator handbooks and detective novels to crime journalism, police case reports, and courtroom transcripts, the book shows readers how, over time, the focus of murder inquiries shifted from a primarily medical and autopsy-based interest in the victim's body to one dominated by laboratory technicians laboring over minute trace evidence. Murder and the Making of English CSI reveals the compelling and untold story of how one of the most iconic features of our present-day forensic landscape came into being. It is a must-read for forensic scientists, historians, and true crime devotees alike.
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.
Linking traditional and local products to a specific area is increasingly felt as a necessity in a globalised market, and Geographical Indications (GIs) are emerging as a multifunctional tool capable of performing this and many other functions. This book analyses the evolving nature of EU sui generis GIs by focusing on their key element, the origin link, and concludes that the history of the product in the broad sense has become a major factor to prove the link between a good and a specific place. For the first time, this area of Intellectual Property Law is investigated from three different, although interrelated, perspectives: the history and comparative assessment of the systems of protection of Indications of Geographical Origin adopted in the European jurisdictions from the beginning of the 20th century; the empirical analysis of the trends emerging from the practice of EUGIs; and the policy debates surrounding them and their importance for the fulfilment of the general goals of the EU Common Agricultural Policy. The result is an innovative and rounded analysis of the very nature of the EU Law of GIs that, starting from its past, investigates the present and the likely future of this Intellectual Property Right. This book provides an interesting and innovative contribution to the field and will be of interest to GI scholars and Intellectual Property students, as well as anyone willing to gain a better understanding of this compelling area of law.
This insightful collection of classic papers explores the effects of various legal institutions and policies on economic development. The editors include analysis of the historical, current, and future conditions of numerous legal traditions and strategies, both nationally and globally. The volume will enhance understanding of how legal policies influence economic growth. It will also contribute to the selection and advancement of those legal policies most likely to improve overall economic development and social welfare.This volume is an invaluable reference source for both scholars and practitioners interested or involved in the development of legal policy.
Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world's biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while in the EU, the CJEU's interpretation of the pan-European design rights system has created significant overlap with copyright law and risks leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters, that can also help create a fair equilibrium between protection and borrowing in fashion design.
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 ground-breaking textbook engages readers in conversation about responding to the effects of diversity within formal criminal justice systems in Westernized nation-states. Moving past a binary concept of diversity that involves only race and gender, this book elaborates upon a wide variety of other forms of diversity, including sexuality, disability, mental health, gendered identity, refugees, the young and the ageing, and culturally and linguistically diverse (CALD) peoples, with an awareness of how intersecting identities make some people more vulnerable than others. With reported statistics providing only a snapshot of the incongruent experiences of diverse minorities in contact with criminal justice systems, there is a clear need for nuanced training and accessible information regarding diversity in criminal justice. The book examines diversity in terms of both criminal justice agents and justice-involved individuals such as people in prison, those convicted of crimes, the victimized, and the community. This volume brings together a group of international scholars to articulate on each of the identified populations, examining the effect of culture and diversity on criminal justice outcomes and outlining how those diverse perspectives can improve criminal justice service delivery overall. Incorporating case studies, reflections, and activity questions, this book is a valuable resource for courses in criminology, criminal justice, corrections, and law enforcement, and is ideal for any program focusing on multiculturalism and diversity in criminal justice. Scholars, researchers, and professionals will also benefit from the analysis.
Due to the absence of due process and other procedural guarantees generally offered by judicial enforcement, informal debt collection practices (IDCPs) can become abusive, harming both consumers and the economy by threatening consumers' physical, psychological, and economic wellbeing; exposing lawabiding debt collectors to unfair competition; undermining the financial system; and negatively impacting social peace by resorting to criminal activity. The need to control and harmonize IDCPs surfaced in connection with the European Commission's Action Plan to tackle the high level of non-performing loans caused by the financial crisis and the Covid-19 pandemic -specifically the Proposal for a Directive on Credit Servicers, Credit Purchasers, and the Recovery of Collateral (CSD). Harmonizing the regulation of abusive IDCPs is vital for several reasons. First, IDCPs have a cross-border dimension due to the freedom of movement, enabling debt collection operations across the internal market. Second, the internal market's size amounts to over 450 million citizens potentially exposed to abusive IDCPs. The regulatory frameworks addressing IDCPs in the E.U. display divergent characteristics that may be difficult to navigate and require creating a level-playing field for consumers and debt collectors, especially when approaches vary at Member State level. This book addresses this gap by providing a comprehensive guide to regulating informal debt collection practices in eight Member States of the E.U. and the United Kingdom (U.K.). It serves as a comparative law instrument for implementing the recently adopted CSD. It will be important reading for students, academics, and stakeholders with an interest in debt collection practices and the law.
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.
This book explains the challenge of constitutional pluralism and its importance, showing its theoretical and practical relevance, and giving a sense of why the existing scholarship on the matter is unsatisfactory. The work explores how legal practitioners and theorists have faced the challenge of a society living under two constitutions at the same time. This comes as the European Union, which legally and politically integrates Europe and seems to challenge the view that no State can simultaneously abide by both the venerable national constitutions and the ever-developing EU constitutional law, is increasingly torn between calls for closer integration to face collective challenges and mounting Euroscepticism and nationalism. This work employs a strongly pluralist perspective and a comparative methodology, and looks at constitutional crises outside the EU to ground the claim that pluralism and conflicts are essential elements of modern constitutions. It shows how the challenge of constitutional pluralism depends on a mistaken interpretation of positivist theory and how the latter, reinterpreted in a manner close to legal realism, has the resources to explain pluralism. Finally, the book addresses the issue of constitutional conflicts within the EU: it examines in detail recent cases of open disobedience to EU law by national courts and distinguishes physiological conflict from constitutional pathology. This work will be of particular interest to students and academics in Law and Political Science. It will also be compelling reading for scholars in general jurisprudence, EU law, constitutional and comparative constitutional law, and the history of European integration.
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 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.
New innovations are created every day, but today's business leaders are focused on finding disruptive innovations which are cheaper and lower performing than upmarket technologies. They create new markets, and challenge the status quo of existing technological thinking creating uncertainty both in the future of the innovation and the outcome of the market upheaval. Disruptive innovation is an influential innovation theory in business, but how does it affect the law? Several of these technologies have brought new ways for individuals to deal with copyright works while disrupting existing market expectations, while their ability to spawn social norms has presented challenges for legislation. Considering disruptive innovation as a class, this book examines innovations that have impacted copyright in the past, what lessons can be learned from how the law interacted with them, and how the law can successfully deal with them going forward. Creating comprehensive guidance that can be used when faced with disruptive innovations with the aim of more successful legislation, it considers whether copyright law itself has been disrupted through these innovations. Exploring whether disruptive innovations as a class have unique properties that necessitate action by legislators and whether these properties have the possibility to disrupt the law itself, this book theorises how the law should deal with disruptive innovations in general, going beyond a discussion of the regulation of specific innovations to develop a framework for how law makers should deal with disruptive innovations when faced by one.
In response to the outbreak of the COVID-19 pandemic, governments and international institutions took steps to contain the harmful consequences on citizens' lives and health, as well as the economy. In the short term, the goal was to limit the spread of the virus and the effects of the restrictions on the economy and, in the longer run, to prevent the appearance of new cases, facilitate the end of social restrictions, reboot the economy, and return to a path of sustainable growth and development. This is an economic and legal exploration of the impact of the pandemic, in the Polish context, examining Polish society and the economy as well as the response of the Polish authorities to the pandemic. The choice of Poland as the subject of the research is justified by its specificity. On the one hand, Poland is a country undergoing systemic transformation with access to European and transatlantic institutions. On the other hand, in recent years, it has evolved towards a hybrid democracy and is currently diverging away from the EU project. The book presents Poland's legal and institutional response to the pandemic, analysed through the prism of common European values and Poland's international commitments. It signposts the financial solutions adopted by the EU in the aftermath of the outbreak to assess how they will be used in combatting the short and longer-term consequences of the pandemic in Poland. The book is an introduction to original research, shaped by the novelty of the subject matter, and as such, will be essential reading for students and researchers of economics, law, and international relations.
This book involves a variety of aspects and levels, including the diachronic and synchronic dimensions. Law profoundly affects our daily lives, but its language and culture can at times be nearly impossible to understand. As a comparative study of Chinese and Western legal language and legal culture, this book investigates the similarities and differences of both sides and identifies their respective advantages and disadvantages. Accordingly, it considers both social and cultural functions, and both theoretical and practical values. Firstly, the book addresses the differences, that is, the basic frameworks and disparities between the Chinese and Western legal languages and legal cultures. Secondly, it explores relevant changes over time, that is, the historical evolution and the basic driving forces that were at work before the Chinese and Western legal languages and cultures "met." Lastly, the book elaborates on their fusion, that is, the conflicts and changes in Chinese and Western legal languages and cultures in China in the modern era, as well as the introduction, transplantation and transformation of Western legal culture.
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.
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.
This book traces the history of the London 'white drugs' (opiate and cocaine) subculture from the First World War to the end of the classic 'British System' of drug prescribing in the 1960s. It also examines the regulatory forces that tried to suppress non-medical drug use, in both their medical and juridical forms. Drugs subcultures were previously thought to have begun as part of the post-war youth culture, but in fact they existed from at least the 1930s. In this book, two networks of drug users are explored, one emerging from the disaffected youth of the aristocracy, the other from the night-time economy of London's West End. Their drug use was caught up in a kind of dance whose steps represented cultural conflicts over identity and the modernism and Victorianism that coexisted in interwar Britain.
Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world's biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while in the EU, the CJEU's interpretation of the pan-European design rights system has created significant overlap with copyright law and risks leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters, that can also help create a fair equilibrium between protection and borrowing in fashion design. |
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