Clear and accessible writing style which is concise without oversimplification is ideal for those who are looking for a straightforward, easy-to-follow textbook on the Law of Evidence in England and Wales Contains numerous extracts from cases and judgments framed by author commentary, presenting students with a wide range of legal authority Utilises an innovative suite of pedagogic tools to support learning and develop understanding of the law, preparing students for assessment New chapter on evidence in arbitral tribunals and additional practice tips, as well as full updates to case law throughout.

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. -- .

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.

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.

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.

This book explores the challenges of globalisation and digitalisation to labour law and social security under three headings. The first, "The changing foundations of labour law" focuses on the law itself. Here the authors discuss how a changing political setting influences the very foundations of contemporary labour law. The contributions in the second section, "Precarious work - the new normative model?", deal with the challenges that various new business models put to regulating working life and social welfare. The contributions in the final section, "New forms of labour mobility", treat the difficulties related to the protection of workers who move over borders between countries and continents. The book is a contribution to the ongoing debate on the future of labour 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.

The author discusses to what extent a generally binding norm of social justice can be established in a modern, plural society. The book presents the difficulty associated with the preservation of plurality of different life forms. It also considers the plurality of the principles of social justice so as not to fall back to prioritization and the absolutization of their claims. This book argues for a more constructive way to search for criteria for complementarity, referring methodologically to Rawls' and Honneth's theories of justice. The author contents that the principles of social justice and their sources of normativity are plural.

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.

Should grandparents have rights in relation to their grandchildren? If so, what should the content of those rights be, both procedurally and substantively? And what is the appropriate role of the law in providing solutions to problems arising in the context of grandparents' rights? This book considers these questions from both a public and a private law perspective, and analyses the human rights implications for parties such as children, parents and grandparents. It also explores the topic of grandparents' rights in the context of the European Convention on Human Rights and the United Nations Convention on the Rights of the Child, as well as in other jurisdictions, such as Iran, France and Nepal. The book argues that grandparents' rights have so far received insufficient acknowledgement and, consequently, that relationships between grandparents and grandchildren have received insufficient protection. However, it is crucial that the protection of grandparents' rights is balanced with the rights of parents and the rights and welfare of children; the book considers how best to achieve this, for example in disputes on child arrangements (i.e. residence and contact), child protection matters and in adoption cases. The book is of particular interest to all academics seeking a clear framework for the protection of grandparents' rights in private and public law proceedings.

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.

Introduction to the concept of territory as it applies to law. Accessible to students. Of interest to those working in the areas of sociolegal studies, geography, urban studies and politics.

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 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.

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.

Offers accessible, clear and easy-to-read explanations of the key issues and concepts within Constitutional and Administrative Law, presented in a student-friendly format Fills a gap in the market between revision guides and big overwhelming textbooks - ideal for the first-time student of law The innovative pedagogical approach in the Unlocking series builds and consolidates understanding of each topic incrementally, providing extracts from key cases and judgments and secondary sources to help students to contextualise their learning. The fifth edition has been extensively updated, including a new chapter covering the constitutional impact of the COVID pandemic.

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.

This book offers a novel interdisciplinary approach to interpret the emergence of the Basque-Spanish nationalist conflict. It incorporates into sociological analysis the understanding of law put forward by legal realism and legal pluralism to answer some of the most pressing problems encountered in historical research on this topic. It does so by carrying out a comparative historical analysis which focuses on the puzzle produced by the political trajectories of two traditionally considered Basque territories between 1841 and 1936: Navarre and Vascongadas - the precursor of today's Euskadi. Urasstabaso Ruiz argues that the historical and ideological trajectories of these territories need to be understood in relation to their local legal praxis and interpretations of law, which played a key role in how the authorities of these territories responded to the advent of modernisation. Overall, a fresh theoretical alternative is articulated, and the meaning of jurisdictional action is interpreted. Modern Societies and National Identities will appeal to academics interested in nationalism, the state and modernisation, particularly to those concerned with the Basque Country and the state of Spain.

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.

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.