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Books > Law > Jurisprudence & general issues > Law & society
This book critically confronts perceptions that social media has become a 'wasteland' for young people. Law has become preoccupied with privacy, intellectual property, defamation and criminal behaviour in and through social media. In the case of children and youth, this book argues, these preoccupations - whilst important - have disguised and distracted public debate away from a much broader, and more positive, consideration of the nature of social media. In particular, the legal tendency to consider social media as 'dangerous' for young people - to focus exclusively on the need to protect and control their online presence and privacy, whilst tending to suspect, or to criminalise, their use of it - has obscured the potential of social media to help young people to participate more fully as citizens in society. Drawing on sociological work on the construction of childhood, and engaging a wide range of national and international legal material, this book argues that social media may yet offer the possibility of an entirely different - and more progressive -conceptualisation of children and youth.
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 potential scenarios of artificial intelligence regulation which prevent automated reality harming individual human rights or social values, this book reviews current debates surrounding AI regulation in the context of the emerging risks and accountabilities. Considering varying regulatory methodologies, it focuses mostly on EU's regulation in light of the comprehensive policy making process taking place at the supranational level. Taking an ethics and humancentric approach towards artificial intelligence as the bedrock of future laws in this field, it analyses the relations between fundamental rights impacted by the development of artificial intelligence and ethical standards governing it. It contains a detailed and critical analysis of the EU's Ethic Guidelines for Trustworthy AI, pointing at its practical applicability by the interested parties. Attempting to identify the most transparent and efficient regulatory tools that can assure social trust towards AI technologies, the book provides an overview of horizontal and sectoral regulatory approaches, as well as legally binding measures stemming from industries' self-regulations and internal policies.
The steadily rising number of investor-State arbitration proceedings within the EU has triggered an extensive backlash and an increased questioning of the international investment law regime by different Member States as well as the EU Commission. This has resulted in the EU's assertion of control over the intra-EU investment regime by promoting the termination of bilateral intra-EU investment treaties (intra-EU BITs) and by opposing the jurisdiction of arbitral tribunals in intra-EU investor-State arbitration proceedings. Against the backdrop of the landmark Achmea decision of the European Court of Justice, the book offers an in-depth analysis of the interplay of international investment law and the law of the European Union with regard to intra-EU investments, i.e. investments undertaken by an investor from one EU Member State within the territory of another EU Member State. It specifically analyses the conflict between the two investment protection regimes applicable within the EU with a particular emphasis on the compatibility of the international legal instruments with the law of the European Union. The book thereby addresses the more general question of the relationship between EU law and international law and offers a conceptual framework of intra-European investment protection based on the analysis of all intra-EU BITs, the Energy Charter Treaty and EU law, as well as the arbitral practice in over 180 intra-EU investor-State arbitration proceedings. Finally, the book develops possible solutions to reconcile the international legal standards of protection with the regionalized transnational law of the European Union.
The use of the criminal law to punish those who transmit disease is a topical and controversial issue. To date, the law, and the related academic literature, has largely focused on HIV transmission. With contributions from leading practitioners and international scholars from a variety of disciplines, this volume explores the broader question of if and when it is appropriate to criminalise the transmission of contagion. The scope and application of the laws in jurisdictions such as Canada, the United Kingdom and Norway are considered, historical comparisons are examined, and options for the further development of the law are proposed.
Providing short, clear and accessible explanations of the main areas of EU law, Understanding European Union Law is both an ideal introduction for students new to EU law and an essential addition to revision for the more accomplished. This eighth edition has been fully revised and updated with the latest legislative changes and includes an in-depth discussion of 'Brexit' and its implications for EU-UK relations. The book provides readers with a clear understanding of the structures and rationale behind EU law, explaining how and why the law has developed as it has. In addition to discussing the core areas of EU law such as its sources, the role and powers of the EU's Institutions, the enforcement of EU law and the law of the internal market, this edition also includes a new chapter on three 'non-economic' areas of EU law: fundamental human rights, equality (non-discrimination) and the environment. This student-friendly text is both broad in scope and highly accessible. It will inspire students towards further study and show that understanding EU law can be an enjoyable and rewarding experience. As well as being essential reading for Law students, Understanding European Union Law is also suitable for students on other courses where basic knowledge of EU law is required or useful, such as business studies, political science, international relations or European studies programmes.
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 edited volume explores the question of the lawfulness under international law of economic activities in occupied territories from the perspectives of international law, EU law, and business and human rights. Providing a multi-level overview of relevant practices, policies and cases, the book is divided in three parts, each dealing with how different legal fields have come to grips with the challenges brought about by the question of the lawfulness under international law of economic activities in occupied territories. The first part includes contributions pertaining to the international law dimension of the question. It contains chapters on the conjunction between jus in bello, jus ad bellum and international human rights law in the context of exploitation of natural resources in territories under belligerent occupation; on third party obligations flowing from the application of occupation law in relation to natural resources exploitation; and on State practice with regards to trading with occupied territories. The second part focuses on EU law and contains contributions that assess the EU's approach to occupied territories and the extent to which this approach comports with the EU's obligations under international law; contributions providing an in-depth assessment of the case-law of the CJEU on occupied territories; as well as contributions pertaining to the political considerations that may influence the legal framing of questions pertaining to occupied territories. The final part focuses on the business and human rights perspective, with chapters on investment arbitration as a means for holding the occupant accountable for its conduct towards foreign investments and investors; on the role and impact of the soft law framework governing corporate activity (such as the UN Guiding Principles) on business involvement with occupied territories; as well as a final case study on the dispute involving Israeli football activity in settlements located in the OPT and the legal responsibility of FIFA in this regard. The book will appeal to academics, practitioners and policy-makers alike.
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. -- .
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.
This book is an exploration of arguments about the economic and social effects of the regulation of labour, and whether it is likely to be helpful or harmful to development. Authored by contributors from a variety of fields, primarily legal as well as development studies, economics and regulatory studies, the book presents both empirical and theoretical analyses of the issues. With authors from several continents, this collection is unique in that it focuses on labour regulation in poor and middle-income countries rather than industrialized ones, therefore making it a significant contribution to the field. In large part, the authors conclude that regulation of labour can play a positive role in promoting social and economic development, especially over time. Effective regulation has the potential to promote democratic engagement at work and beyond. However its impact is dependent on how much its design grapples with the particular arrangements of work occurring within different industries, reflecting the nature of development and social relations within that country. Contributors emphasize that regulation needs to be adapted to the challenges presented by non-standard employment relations, changes in the structure of work and the rise of global value chains. This collection's exploration of labour regulation in developing countries will be of interest to labour law scholars and teachers, to policy-makers in the field of labour regulation - especially in the global South - as well as to technical advisers and those engaged in the practice of industrial relations. Contributors include: G. Bensusan, D. Cheong, S. Deakin, F. Ebert, C. Fenwick, S. Godfrey, K. Kolben, S. Marshall, K. Sankaran, M. von Broembsen In Association with the International Labour Organization
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.
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.
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.
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.
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.
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 special issue of Studies in Law, Politics, and Society examines the relationship between law and disasters. The papers come from members of the Collaborative Research Network on the Jurisprudence of Disasters within the Law and Society Association. This network was formed in 2012 at a conference held by the International Institute for the Sociology of Law, titled "Workshop on Disasters and Sociolegal Studies." The volume addresses the 'myths' of contemporary disaster law and policy, such as that of society's "invincibility". The papers examine specific cases such as the Fukushima Nuclear Disaster, bushfire management in Australia and wildfire prevention in the Mediterranean, as well as providing broader analysis and comment on global disaster law and policy.
Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.
First published in 1998, this volume contains essays from leading thinkers on both sides of the Atlantic on the relationship between law and science. Science plays an ever-increasing part in the development of legislation and the adjudication of cases. Its limitations and its value are explored in these essays which discuss issues of methodology and of evidence. Amongst areas covered are silicone breast implants, the rape trauma syndrome, the environment, inventions and Bayesianism.
The incendiary new book about toxic masculinity and misogyny from Clementine Ford, author of the bestselling feminist manifesto, Fight Like A Girl. Boys Will Be Boys answers the question Clementine Ford is most often asked: 'How do I raise my son to respect women?' With equal parts passion and humour, Ford reveals how patriarchal society is as destructive for men as it is for women, creating a dangerously limited idea of what it is to be a man. She traces the way gender norms creep into the home from early childhood, through popular culture or the division of housework and shines a light on what needs to change for equality to become a reality.
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.
This book uses previously unknown archive materials to explore the meaning of the term 'incapable of work' over a hundred years (1911-present). Nowadays, people claiming disability benefits must undergo medical tests to assess whether or not they are capable of work. Media reports and high profile campaigns highlight the problems with this system and question whether the process is fair. These debates are not new and, in this book, Jackie Gulland looks at similar questions about how to assess people's capacity for work from the beginning of the welfare state in the early 20th century. Amongst many subject areas, she explores women's roles in the domestic sphere and how these were used to consider their capacity for work in the labour market. The book concludes that incapacity benefit decision making is really about work: what work is, what it is not, who should do it, who should be compensated when work does not provide a sufficient income and who should be exempted from any requirement to look for it.
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. |
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