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.

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.

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 provokes fresh ways of thinking about small developing States within the transnational legal order for combating money laundering and the financing of terrorism and proliferation (TAMLO). From the global wars on drugs and terror to journalistic exposes such as the 'Paradise', 'Panama' and 'Pandora' Papers, the Commonwealth Caribbean has been discursively stigmatised as a mythical island paradise of 'rogue' States. Not infrequently, their exercise of regulatory self-determination has been presented as the selling of their economic sovereignty to facilitate shady business deals and illicit finance from high-net-worth individuals, kleptocrats, tax-dodgers, organised crime networks and terrorist financiers. This book challenges conventional wisdom that Commonwealth Caribbean States are among the 'weakest links' within the global ecosystem to counter illicit finance. It achieves this by unmasking latent interests, and problematising coercive extraterritorial regulatory and surveillance practices, along the onshore/offshore and Global North/South axes. Interdisciplinary in its outlook, the book will appeal to policymakers, regulatory and supervisory authorities, academics and students concerned with better understanding legal and development policy issues related to risk-based regulatory governance of illicit finance. The book also provides an interesting exposition of substantive legal and policy issues arising from money laundering related to corruption and politically exposed persons, offshore finance, and offshore Internet gambling services.

In our era of mass incarceration, gun violence, and Black Lives Matters, a handbook showing how racial justice and restorative justice can transform the African-American experience in America. This timely work will inform scholars and practitioners on the subjects of pervasive racial inequity and the healing offered by restorative justice practices. Addressing the intersectionality of race and the US criminal justice system, social activist Fania E. Davis explores how restorative justice has the capacity to disrupt patterns of mass incarceration through effective, equitable, and transformative approaches. Eager to break the still-pervasive, centuries-long cycles of racial prejudice and trauma in America, Davis unites the racial justice and restorative justice movements, aspiring to increase awareness of deep-seated problems as well as positive action toward change. Davis highlights real restorative justice initiatives that function from a racial justice perspective; these programs are utilized in schools, justice systems, and communities, intentionally seeking to ameliorate racial disparities and systemic inequities. Chapters include: Chapter 1: The Journey to Racial Justice and Restorative Justice Chapter 2: Ubuntu: The Indigenous Ethos of Restorative Justice Chapter 3: Integrating Racial Justice and Restorative Justice Chapter 4: Race, Restorative Justice, and Schools Chapter 5: Restorative Justice and Transforming Mass Incarceration Chapter 6: Toward a Racial Reckoning: Imagining a Truth Process for Police Violence Chapter 7: A Way Forward She looks at initiatives that strive to address the historical harms against African Americans throughout the nation. This newest addition the Justice and Peacebuilding series is a much needed and long overdue examination of the issue of race in America as well as a beacon of hope as we learn to work together to repair damage, change perspectives, and strive to do better.

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 new edition of 'Unlocking Criminal Law' provides coverage of the Criminal Law curriculum, presented in an innovative, visual format, as well as detailing the latest measures introduced in 2020 in the wake of the Covid-19 crisis. Supported by a website which offers students a host of additional practice opportunities and supporting materials, including a testbank of multiple choice questions designed to help prepare students for the forthcoming Solicitor Qualifying Examination. The books in the Unlocking the Law Series get straight to the point and offer clear and concise coverage of the law, broken-down into bite-size sections with regular recaps to boost student confidence. They are ideal as either core reading or as a supplement to a denser textbook.

This open access book pays homage to Reza Banakar, who passed away in August 2020, exploring the many different areas of socio-legal research that he worked on and influenced. It begins with a summary of his career and explains how he sparked a debate on the identity and aims of legal sociology. The book is then split into 5 sections: - Theory, including chapters on normativity and the stepchild controversy; - Methods and interdisciplinarity, illustrating how Banakar encouraged socio-legal scholars to push the boundaries of existing socio-legal knowledge through interdisciplinary imagination and methodological flexibility; - Legal culture, with particular focus on Iran - 2 areas of special interest for Banakar; - Law and science, covering topics such as human rights, the right to life, and the COVID-19 pandemic; and - Applied sociology of law, inspired by Banakar's engagement with empirical research and case studies. As well as honouring Reza Banakar's memory and unique thinking, the book aims to advance the sociology of law by demonstrating the interconnectedness of the legal and the social from a broad range of perspectives. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Lund University Libraries.

This book explores the role of mens rea, broadly defined as a factor in jury assessments of guilt and innocence from the early thirteenth through the fourteenth century - the first two centuries of the English criminal trial jury. Drawing upon evidence from the plea rolls, but also relying heavily upon non-legal textual sources such as popular literature and guides for confessors, Elizabeth Papp Kamali argues that issues of mind were central to jurors' determinations of whether a particular defendant should be convicted, pardoned, or acquitted outright. Demonstrating that the word 'felony' itself connoted a guilty state of mind, she explores the interplay between social conceptions of guilt and innocence and jury behavior. Furthermore, she reveals a medieval understanding of felony that involved, in its paradigmatic form, three essential elements: an act that was reasoned, was willed in a way not constrained by necessity, and was evil or wicked in its essence.

This book shows that escalating climate destruction today is not the product of public indifference, but of the blocked democratic freedoms of peoples across the world to resist unwanted degrees of capitalist interference with their ecological fate or capacity to change the course of ecological disaster. The author assesses how this state of affairs might be reversed and the societal relevance of universal human rights rejuvenated. It explores how freedom from want, war, persecution and fear of ecological catastrophe might be better secured in the future through a democratic reorganization of procedures of natural resource management and problem resolution amongst self-determining communities. It looks at how increasing human vulnerability to climate destruction forms the basis of a new peoples-powered demand for greater climate justice, as well as a global movement for preventative action and reflexive societal learning.

The Sunday Times bestseller and a BBC Radio 4 ‘Book of the Week‘ Full of hilarious and shocking stories, the Secret Barrister's memoir Nothing But The Truth tracks their transformation from hang 'em and flog 'em austerity-supporter to celebrated, campaigning, bestselling author. 'Masterful, compassionate and hilarious' – Adam Rutherford In a diary that takes us behind the scenes of their middling ambition, Nothing But The Truth charts an outsider's progress down the winding path towards practising at the Bar. By way of the painfully archaic traditions of the Inns of Court, where every meal mandates a glass of port and a toast to the monarch, and the Hunger Games-style contest for pupillage - which most don't survive - here is the brilliant reality of being a frustrated junior barrister. With a keen eye for the absurd and an obsessive fondness for Twitter, SB reveals the uncomfortable truths and darkest secrets about life in our criminal courts. _____ ‘Words tumble out with extraordinary fluency . . . entertaining and instructive’ – The Times ‘Written with compassion, wit and intelligence’ – TLS ‘Excellent . . . at once a vicious polemic, a helpful primer and a cringe-inducing account of one barrister's travails' – The Telegraph

Freedom of religion is an issue of universal interest and scope. However, in the last two centuries at least, the philosophical, religious and legal terms of the question have been largely defined in the West. In an increasingly global world, widening our knowledge of this right's roots in different cultural and legal systems becomes a priority. This Handbook seeks to attain this goal through a better understanding of the historical roots and expressions of the right to freedom of religion on the one hand and, on the other, of its theological background in different religious traditions. History and theology provide the setting for the analysis of the politics of freedom of religion, that is, how this right is used in the context of the dialogue/confrontation between countries placed in different cultural regions of the world, and of the legal strategies and tools that have been developed and are employed to protect and foster the right to freedom of religion. Behind these legal and political strategies, there is an ongoing debate about the nature of this right, whose main features are explored in the final section. Global, historical and interdisciplinary in approach, this book studies the new relevance of freedom of religion worldwide and develops suitable categories to analyze and understand the role that freedom of religion can play in managing religious and cultural diversity in our societies. Authored by experts, through the contributions collected in these chapters, scholars and students will be able to broaden and deepen their knowledge of the right to freedom of religion and to develop the ability to go beyond the borders of the different cultural environments in which this right took shape and developed.

This book assesses the role of social justice in legal scholarship and its potential future development by focusing upon the 'leading works' of the discipline. The rise of socio-legal studies over recent decades has led to a more interdisciplinary approach to the study of law, which prioritises placing law into its wider social context. Recognising the role that culture, economics and politics play in the development of law is important in order to fully understand the position and impact of law in society. Innovative and written in an engaging way, this collection includes leading and emerging scholars from across the world. Each contributor has been invited to select and analyse a 'leading work', a publication which has for them shed light on the way that law and social justice are interlinked and has influenced their own understanding, scholarship, advocacy, and, in some instances, activism. The book also includes a specially written foreword and afterword, which critically reflect upon the contributions of the 'leading works' to consider the role that social justice has played in law and legal education and the likely future path for social justice in legal scholarship. This book will be an essential resource for all those working in the areas of social justice, socio-legal studies and legal philosophy. It will be of wider interest to the social sciences more generally.

The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.

The Routledge Handbook of Gender and Development provides a comprehensive statement and reference point for gender and development policy making and practice in an international and multi-disciplinary context. Specifically, it provides critical reviews and appraisals of the current state of gender and development and considers future trends. It includes theoretical and practical approaches as well as empirical studies. The international reach and scope of the Handbook and the contributors' experiences allow engagement with and reflection upon these bridging and linking themes, as well as the examining the politics and policy of how we think about and practice gender and development. Organized into eight inter-related sections, the Handbook contains over 50 contributions from leading scholars, looking at conceptual and theoretical approaches, environmental resources, poverty and families, women and health related services, migration and mobility, the effect of civil and international conflict, and international economies and development. This Handbook provides a wealth of interdisciplinary information and will appeal to students and practitioners in Geography, Development Studies, Gender Studies and related disciplines.

From 'I Like Ike' to MAGA hats, branding and politics have gone hand in hand, selling ideas, ideals and candidates. Political Brands is a unique exploration of the legal framework for the use of commercial branding and advertising techniques in presidential political campaigns, as well as the impact of politics on commercial brands. As American federal courts have narrowed the definition of corruption and struck down laws that make lying illegal, branding techniques have been exploited for pernicious purposes. This interdisciplinary book also considers how Donald Trump won the election and used his branding talents to his advantage as both candidate and president. Examining how branding and the power of commercial boycotts can be used by citizens to change public policy, from Civil Rights activists in the 1960's to survivors of the 2018 Parkland massacre, this thought-provoking book navigates the branded American landscape. Containing unique coverage of campaign finance issues, this book will be of great interest to academics working in law, government and political science, with the exploration of the myriad of advertising techniques also making this a key resource for media law and business professors.

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.

- challenges some of the theoretical assumptions about ambiguity in EU law - presents in-depth linguistic and legal analysis of ambiguity found in the text of key provisions of EU Treaties and in the language of some of the CJEU's leading preliminary rulings - will be a valuable resource for researchers and academics working in the areas of Law and Language, Public International Law, EU Law and Multilingualism

This book addresses the legal-geographical implications of the fact that landscapes are not static, but dynamic. Within the field of legal geography, the spatial relationship of law to landscape is usually considered to be static. Environments are often considered fixed, and consequently inert, as places that literally don't go anywhere. Typically, then, it is what happens in these places, rather than the place itself, that commands academic attention. In contrast to this static viewpoint, Law and the Kinetic Environment considers how many landscapes are in flux and, as a result, may be seen as dynamic. Natural phenomena, such as oozing lava, moving glaciers, or bubbling geothermal pools, challenge and test the normative conceptualizations of stability of place, property ownership, and legal regulation. Consequently, such dynamic landscapes enliven and transform law, offering new jurisprudential insights into what law is and how it operates in response to the kineticism that, this book argues is, to some degree, inherent in all landscapes. This original engagement with legal geography will appeal to those with general interests in this area, as well as specific concerns with questions of law and place, property and the environment.

This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.

Using the high-profile 2017 blasphemy trial of the former governor of Jakarta, Basuki 'Ahok' Tjahaja Purnama, as its sole case study, this book assesses whether Indonesia's liberal democratic human rights legal regime can withstand the rise of growing Islamist majoritarian sentiment. Specifically, this book analyses whether a 2010 decision of Indonesia's Constitutional Court has rendered the liberal democratic human rights guarantees contained in Indonesia's 1945 Constitution ineffective. Key legal documents, including the indictment issued by the North Jakarta Attorney-General and General Prosecutor, the defence's 'Notice of Defence', and the North Jakarta State Court's convicting judgment, are examined. The book shows how Islamist majoritarians in Indonesia have hijacked human rights discourse by attributing new, inaccurate meanings to key liberal democratic concepts. This has provided them with a human rights law-based justification for the prioritisation of the religious sensibilities and religious orthodoxy of Indonesia's Muslim majority over the fundamental rights of the country's religious minorities. While Ahok's conviction evidences this, the book cautions that matters pertaining to public religion will remain a site of contestation in contemporary Indonesia for the foreseeable future. A groundbreaking study of the Ahok trial, the blasphemy law, and the contentious politics of religious freedom and cultural citizenship in Indonesia, this book will be of interest to academics working in the fields of religion, Islamic studies, religious studies, law and society, law and development, law reform, constitutionalism, politics, history and social change, and Southeast Asian studies.

The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union's institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.

This handbook provides comprehensive and expert analysis of the impact of the Brexit process and the withdrawal of the United Kingdom from the European Union on existing and future EU-UK relations within the context of both EU and international law. Examining the wider international law implications, it additionally assesses the complex legal consequences of Brexit for both the EU and the UK in their dealings with third states and other international organizations. With contributions from renowned specialists in the field of EU external action, each chapter will analyse specific policy areas to address key challenges arising from the Brexit process for the EU and the UK and propose solutions to overcome these problems. The handbook aims to fill a gap in research by assessing the consequences of Brexit under EU external relations law and international law. As such, it is hoped it will set the research agenda for coming years on the international dimension of Brexit. The Routledge Handbook on the International Dimension of Brexit is an authoritative and essential reference text for scholars and students of international and European/EU law and policy, EU politics, and British Politics and Brexit, as well as of key relevance to legal practitioners involved in Brexit, governments, policy-makers, civil society organizations, think tanks, practitioners, national parliaments and the Court of Justice.

This volume offers insights into the ways in which plain language has influenced the language of the law in the United Kingdom, critically reflecting on its historical development and future directions. The book opens with an overview of the theoretical frameworks underpinning plain language and a brief history of plain language initiatives as a foundation from which to outline ongoing debates on the opportunities and challenges of using plain language in the legal domain. The volume details strands where plain language has had considerable impact thus far on legal English in the UK, notably in legislative drafting, but it also explores areas in which plain language has made fewer inroads, such as the language of court judgments and that of online terms and conditions. The book looks ahead to unpack highly topical areas within the plain language debate, including the question of design and visualisation and the ramifications of digitalisation, contributing to ongoing conversations on the importance of plain language both in the UK and beyond. This book will be of particular interest to students and scholars interested in the intersection of language and the law as well as related disciplinary areas such as applied linguistics and English for Specific Purposes.

Inequality and unfairness still stalk Scotland after more than twenty years of devolution. Having done little to shield against austerity, Brexit and an increasingly right-wing Westminster agenda, calls for further constitutional reform to solve pressing political, economic and social problems grow ever louder. The debate over further devolution or independence continues to split the population. In A New Scotland, leading activists and academics lay out the blueprints for radical reform, showing how society can be transformed by embedding values of democracy, social justice and environmental sustainability into a coherent set of policy ideas. Structured in two parts, the book takes to task the challenges to affect radical change, before exploring new approaches to key questions such as healthcare, education, public ownership, race, gender and human rights.