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Books > Law > Jurisprudence & general issues > Law & society
Shakespeare's Law is a critical overview of law and legal issues within the life, career, and works of William Shakespeare as well as those that arise from the endless array of activities that happen today in the name of Shakespeare. Mark Fortier argues that Shakespeare's attitudes to law are complex and not always sanguine, that there exists a deep and perhaps ultimate move beyond law very different from what a lawyer or legal scholar might recognize. Fortier looks in detail at the legal issues most prominent across Shakespeare's work: status, inheritance, fraud, property, contract, tort (especially slander), evidence, crime, political authority, trials, and the relative value of law and justice. He also includes two detailed case studies, of The Merchant of Venice and Measure for Measure, as well as a chapter looking at law in works by Shakespeare's contemporaries. The book concludes with a chapter on the law as it relates to Shakespeare today. The book shows that the legal issues in Shakespeare are often relevant to issues we face now, and the exploration of law in Shakespeare is as germane today, though in sometimes new ways, as in the past.
This book examines how the EU can be a more proactive actor in the promotion of the principles of sustainability and fairness from a legal environmental perspective. The book is one of the results of the research activity of the Jean Monnet Chair in EU Environmental Law (2017-2020) funded by the European Commission under the Erasmus+ programme. The European Union and Global Environmental Protection: Transforming Influence into Action begins with an introduction of the key EU competences, instruments and mechanisms, as well as the current international challenges at the EU level. It then explores case study examples from four regulated fields: climate change, biodiversity, multilateral trade, unregulated fishing, and access to justice; and four unregulated areas: mainstreaming of the Sustainable Development Goals in EU policies, and environmental justice, highlighting the extent to which the EU might align with international environmental regimes or extend its normative power. This volume will be of great relevance to students, scholars, and EU policy makers with an interest in international environmental law and policy.
Just how do you become a barrister? And why do only 1 per cent of those who study law succeed in joining this mysteriously opaque profession? If it's such a great occupation, how come you work 100-hour weeks for less than minimum wage? And why might a practising barrister come to feel the need to reveal the lies, secrets, failures and crises at the heart of this world of wigs and gowns? Nothing But The Truth charts an outsider's progress down the winding path towards practising at the Bar, taking in the sometimes absurd traditions of the Inns of Court, where every meal mandates a glass of port and a toast to the Queen, to the Hunger Games-type contest for pupillage, through the endlessly frustrating experience of being a junior barrister - as a creaking, ailing justice system begins to convince them that something has to change . . . Full of hilarious, shocking, and surprising stories from their working life, Nothing But The Truth tracks the Secret Barrister's transformation from hang 'em and flog 'em, austerity-supporting twenty-something to campaigning, bestselling, reforming author whose writing in defence of the law is celebrated around the globe. It asks questions about what we understand by justice, and what it takes to change our minds. It also reveals the darker side of working in criminal law, and how the things our justice system gets wrong are not the things most people expect. Praise for the Secret Barrister . . . 'Dishes the dirt - or serves up a slice of reality - on what barristers do' - The Times 'An illuminating and timely insight into the legal system . . . fascinating' - Sunday Express 'Excellent . . . at once a vicious polemic, a helpful primer and a cringe-inducing account of one barrister's travails' - Daily Telegraph
The book describes the historical development of the legislation on euthanasia and suicide in The Netherlands. During the last about 70 years. Part 1 summarizes the development until about 2017. Parts 2 and 3 deal with the period from August 2017 until about the end of February 2022. The book ends when neither in the Netherlands nor in Germany legislation on euthanasia was completed. Presently, in many countries, legislation on euthanasia is discussed, about to be prepared, or there already exist legislative proposals. The aim of the book is to let the Dutch respective public opinions, political ideas, research results, proposals from legal academics, science, and court decisions participate in the international discussion so that in so far comparison can help also to find answers to open questions and satisfying legal regulations.
In 1759 a baby girl was born to an impoverished family on the Indian subcontinent. Her parents pawned her into bondage as a way to survive famine. A Portuguese slaver sold the girl to a pious French spinster in Bengal, where she was baptized as Madeleine. Eventually she was taken to France by way of Ile de France (Mauritius), and from there to Ile Bourbon (Reunion), where she worked on the plantation of the Routier family and gave birth to three children: Maurice, Constance, and Furcy. Following the master's death in 1787, Madame Routier registered Madeleine's manumission, making her free on paper and thus exempting the Routiers from paying the annual head tax on slaves. However, according to Madeleine's children, she was never told that she was free. She continued to serve the widow Routier for another nineteen years, through the Revolution, France's general emancipation of 1794 (which the colonists of the Indian Ocean successfully repelled), the Napoleonic restoration of slavery, and British occupation of France's Indian Ocean colonies. Not until the widow Routier died in 1808 did Madeleine learn of her freedom and that the Routier estate owed her nineteen years of back wages. Madeleine tried to use the Routiers' debt to negotiate for her son Furcy's freedom from Joseph Lory, the Routiers' son-in-law and heir, but Lory tricked the illiterate Madeleine into signing papers that, in essence, consigned Furcy to Lory as his slave for life. While Lory invested in slave smuggling and helped introduce sugar cultivation to Ile Bourbon, Furcy spent the next quarter century trying to obtain legal recognition of his free status as he moved from French Ile Bourbon to British Mauritius and then to Paris. His legal actions produced hundreds of pages that permit reconstruction of the lives of Furcy and his family in astonishing detail. The Cour Royale de Paris, France's highest court of appeal, finally ruled Furcy ne libre (freeborn) in 1843. Eight rare extant letters signed by Furcy over two decades tell in his own words how he understood his enslavement and freedom within these multiple legal jurisdictions and societies. France's general emancipation of 1848 erased the distinction between slavery and freedom for all former slaves but the reaction of 1851 excluded them from citizenship. The struggle for justice, respect, and equality for former slaves and their descendants would not be realized within Furcy's lifetime. The life stories of Madeleine and her three children are especially precious because, unlike scores of slave narratives published in the United States and England in the eighteenth and nineteenth centuries, no autobiographical narrative of a slave held by French-published or unpublished-exists. This will be one of only a handful of modern biographies of enslaved people within France's empire, in French or in English, and the only one to explore transformations in slavery and freedom in French colonies of the Indian Ocean. This story is also significant because of the legal arguments advanced in Furcy's freedom suits between 1817 and 1843. Furcy's lawyers argued that he was free by race (as the descendent of an Indian rather than an African mother) and also by Free Soil (the legal principle whereby any slave setting foot on French soil thereby became free, since Madeleine resided in France before Furcy was born). Parallel debates surround the American case of Dred Scott, who began his long and unsuccessful bid for freedom in 1846 in the former French colonial city of St. Louis, Missouri, just three years after the French Cour Royale de Paris upheld Furcy's freedom on the basis of Free Soil. However, the French ruling that Furcy was free by Free Soil and the rejection of the racial argument offer a historical counterpoint to the infamous Taney opinion of 1857. The gripping story of Madeleine and her children is especially well-suited to exploring the developments of French colonization, plantation slavery, race, sugar cultivation, and abolitionism. A fluid narrative, it should have appeal for readers of the history of slavery, world history, Indian Ocean history, and French colonial history.
As the publishing, film and music industries are dominated by Big Media conglomerates, there is often recourse to simplistic ideological and conspiratorial readings of industry dynamics. Copyright, Creativity, Big Media and Cultural Value: Incorporating the Author explains why copyright is much more than a creator's private property right or a mechanism through which corporations control cultural production and influence mass consumption choices. The volume is grounded in extensive, painstakingly detailed and colourful original archival research into business histories of major successful artists including Conan Doyle, Hall Caine, Margaret Atwood, Dame Nellie Melba, Radiohead and Banksy, and the industries and genres that grew up around their activities. Chapters address big questions about how copyright generates income and how distributions of profits are allocated in the publishing, film and music industries. It includes discussion of the creation of new formats, the interplay between old media and new technologies, international copyright reform and cross-industry relations. Copyright, Creativity, Big Media and Cultural Value is a wide-ranging and important resource for students and practitioners of law and policy, media studies, cultural studies and literary history.
This book explores how the law and the institutions of the criminal justice system expose minorities to different types of violence, either directly, through discrimination and harassment, or indirectly, by creating the conditions that make them vulnerable to violence from other groups of society. It draws on empirical insights across a broad array of communities and locales including Afghanistan, Colombia, Pakistan, India, Malawi, Turkey, Brazil, Singapore, Puerto Rico, and the Philippines. It examines the challenges of protecting those at the margins of power, especially those whom the law is often used to oppress. The chapters explore intersecting, marginal identities influenced by four factors: rebuilding after violent regimes, economic interest behind the violence, entrenched cultural biases, and criminalisation of diversity. It provides scholars from the Global North with important lessons when attempting to impose their own solutions onto nations with a different history and context, or when applying their own laws to migrants from the Global South nations explored in this book. It speaks to legal and social science scholars in the fields of law, sociology, criminology, and social work.
Just as China is called the world factory for manufactured goods, it is also a world factory for manufactured animal cruelty in a new phenomenon of globalized animal cruelty. Animals in China examines animal protection in China in its legal, social and cultural contexts.
Unique in its use of literature from Dutch, French, and German sources. No other comparable textbook on legal method/ legal science. Interdisciplinary; useful also for those looking to understand the philosophy of science.
This volume showcases emerging interdisciplinary scholarship that captures the complex ways in which biological knowledge is testing the nature and structure of legal personhood. Key questions include: What do the new biosciences do to our social, cultural, and legal conceptions of personhood? How does our legal apparatus incorporate new legitimations from the emerging biosciences into its knowledge system? And what kind of ethical, socio-political, and scientific consequences are attached to the establishment of such new legalities? The book examines these problems by looking at materialities, the posthuman, and the relational in the (un)making of legalities. Themes and topics include postgenomic research, gene editing, neuroscience, epigenetics, precision medicine, regenerative medicine, reproductive technologies, border technologies, and theoretical debates in legal theory on the relationship between persons, property, and rights.
The majority of rules adopted at the EU level are not issued by democratically elected institutions, but rather by administrative bodies which are empowered to exercise rule-making powers by legislative acts. This book analyses the legal mechanism through which these powers are conferred on the most relevant bodies in the EU institutional landscape, namely the European Commission, the Council, the ECB and EU agencies, and the democratic controls in place to limit and oversee the exercise of these powers. Providing an overarching perspective of the delegation of powers, this book reflects on the notion of delegation and on the commonalities between the different forms of delegation identified. It focuses on the legal requirements and limits for the delegating act, the procedures for the exercise of such powers, the position of the acts in the hierarchy of norms, and their judicial review. Overcoming the fragmentation which characterized the development of the different forms of delegation in the EU, this analysis provides a clear, structured, and coherent picture of the legal framework for the delegation of powers in the light of the constitutional principles of this legal system. Academics and practitioners will equally appreciate this highly accessible addition to the current debate in legal scholarship of the delegation of powers in the EU, as well as its explanations on comitology and the empowerment of EU agencies.
J.D. Lewis-Williams, a leading South African archaeologist and ethnographer, examines the complex myths of the San-Bushmen to create a larger theory of how myth is used in cultures worldwide. Exploring ethnographic, archival and archaeological lines of research, he extracts the `nuggets', the far-reaching but often unspoken words and concepts of language and understanding that are opaque to outsiders, to establish a more nuanced theory of the role of these myths in the thought-world and social circumstances of the San. The book draws from the author's own work, the unique 19th-century Bleek & Lloyd archive, more recent ethnographic work, and San rock art and includes well-known San stories such as The broken string, Mantis dreams, and Creation of the eland.
Studies in Law, Politics, and Society (SLPS) provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship; the articles in this volume cover a diverse range of topics relating to law's relationship with and impact on society. Topics covered include: coverage of capital punishment in the mainstream and radical press; the landmark Roe vs. Wade case and the Republican Party's relationship with abortion law; an exploration of the legal politics of temporality in emergencies; gendered racialization and White supremacy in the US, specifically related to Muslim women; conflict resolution and legal theory; and self-determination for indigenous peoples in the Pacific.
The Routledge Handbook of European Integrations fills a significant gap in the European studies literature by providing crucial and groundbreaking coverage of several key areas that are usually neglected or excluded in European integration collections. Whilst still examining the largest and most influential institutions, bodies and highly-funded policy areas as acknowledged dominant topics in European studies, it crucially does so with much greater balance by devoting equal billing to areas such as culture in European integration or new technologies and their impact on the EU. Organised around three main sections - culture, technology and 'tangibles' - the book: offers an authoritative 'encyclopaedia' to 'alternative' areas in European integration, from media, football, Erasmus and tourism, to transport, space, AI and energy; retains coverage of the dominant topics in European studies, such as the Eurozone, the Common Internal Market, or European law, but in balance with other areas of interest; and provides an essential companion to existing scholarship in European studies. The Routledge Handbook of European Integrations is essential reading and an authoritative reference for scholars, students, researchers and practitioners involved in, and actively concerned about, research in the study of European integration/studies. The Open Access version of Chapter 14 in this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
This book examines the antagonistic relationship between new European nationalisms as these often go hand-in-hand with populism, and the phenomenon of migration. Migration has become a significant issue both in Europe and the whole world. Although it has always existed, much of public opinion sees it now as a problem. The latter has been exaggerated through a crisis in hospitality exacerbated by the relatively recently constructed and misplaced feeling of a civilisational threat from islam. Migration is then countered by the escalation of new nationalisms, at least some of which are supported by populism. This book offers an understanding of this conjunction of migration and nationalism in the post-cold war European context. More specifically, the book takes up how the end of the simplified cold war cognitive binary means an unprecedented epistemological confusion and depoliticisation which takes migration as its target, but could resort to other targets too. Discussing the postcolonial background to the new migrations, the book also considers womens' rights, postsocialism and the relevance of the current pandemic, as the issue of migration is addressed in the context of the European crisis-ridden present. This wide-ranging interrogation of how contemporary European migration is conceived and understood will appeal to students, academics, activists, policy makers, and others with interests in contemporary migration, new nationalisms, populism, feminism, colonial, postcolonial, and decolonial issues, as well as socialism and postsocialism.
This book ties restorative justice into the exercise of patriarchal power. It is focused on the individual narratives of 15 girls and young women who have participated in a victim-offender restorative justice (RJ) conference and the perspectives of youth justice practitioners. Gender, Power and Restorative Justice expands feminist engagement with RJ by focusing critical attention on the importance of the social construction of gender, the exercise of power, shame, stigma, muting and resistance to girls' experiences of RJ conferencing. Drawing upon recent developments to the sociology of stigma and feminist perspectives on shame, the book contends that RJ conferencing can produce harmful implications for girls and young women who participate. Ultimately it is argued that anti-carceral, social policy alternatives, underpinned by feminist praxis, should replace a youth justice jurisprudence for girls. This book will be of particular use and interest to those studying modules on criminology, youth justice, criminal justice and social work courses.
Provides a tightly structured introduction to this complex topic, supported by well chosen case studies from a variety of jurisdictions. Appropriate for law students looking to practice contract law in a transnational environment.
Provides a tightly structured introduction to this complex topic, supported by well chosen case studies from a variety of jurisdictions. Appropriate for law students looking to practice contract law in a transnational environment.
There are multiple aspects of electronically-mediated communication that influence and have strong implications for legal practice. This volume focuses on three major aspects of mediated communication through social media. Part I examines social media and the legal community. It explores how this has influenced professional legal discourse and practice, contributing to the popularity of internet-based legal research, counselling and assistance through online services offering explanations of law, preparing documents, providing evidence, and even encouraging electronically mediated alternative dispute resolution. Part II looks at the use of social media for client empowerment. It examines how it has taken legal practice from a formal and distinct business to one that is publicly informative and accessible. Part III discusses the way forward, exploring the opportunities and challenges. Based on cases from legal practice in diverse jurisdictions, the book highlights key issues as well as implications for legal practitioners on the one hand, and clients on the other. The book will be a valuable reference for international scholars in law and other socio-legal studies, discourse analysis, and practitioners in legal and alternative dispute resolution contexts.
- Clear and accessible, the book is Ideally suited for undergraduates who prefer a pedagogically informed style of text. - Can be used as a core text as well as helping students with revision. - Covers all the latest caselaw and debates. - The new edition features a revised website with a range of features, including multiple choice questions to assist students who may take the Solicitor Qualifying Exam in later years.
This book presents the universal issue of radioactive waste management from the perspective of the German legal system, analysing how lawmakers have responded to the problem of nuclear waste over the course of the last seventy years. In this book, Robert Rybski unwraps and explains the perplexing legal and social issues related to radioactive waste. He takes readers through the entire 'life-cycle': from the moment that radioactive material is classified as radioactive waste, through to the period of interim storage, and right up to its final disposal. However, this last step in radioactive waste management (that of final disposal) has not yet been achieved in Germany, or anywhere in the world, and has been the subject of hefty public debate for dozens of years. As a result, the book analyses the most recent regulations in place to enable final disposal. This book will be of interest to energy policy experts, academics and professionals who work in the area of nuclear energy.
Niklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern 'positive' - as opposed to 'natural' - law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow.
This book considers the manner in which the making and implementation of law and governance is changing in the global context. It explores this through a study of the deployment of the global anti-doping apparatus including the World Anti-Doping Code and its institutions with specific reference to professional cycling, a sport that has been at the forefront of some of the most famous doping cases and controversies in recent years. Critically, it argues that the changes to law and governance are not restricted to sport and anti-doping, but are actually inherent in broader processes associated with neoliberalism and social and behavioural surveillance and affect all aspects of society and its political institutions. The author engages with concepts and arguments in contemporary social theory, including: Dardot and Laval on neoliberalism; Agamben on sovereignty; Hardt and Negri on globalisation; and others including Foucault, Deleuze and Guattari, and Louis Dumont. The work seeks to answer a question posed by both Foucault and Agamben; that is, given the growing primacy of the arts of government, what is the juridical form and theory of sovereignty that is able to sustain and found this primacy? It is argued that this question can be understood by reference to the shift from a social or public contract that was understood to be the foundation of society, to a society that is constituted by consent, private agreement and contract. In addition, the book examines the juridical concepts of the rule of law and sovereignty. Commencing with the Festina scandal of 1998, the Spanish case of Operacion Puerto and concluding with the fall from grace of the American cyclist Lance Armstrong in 2012, the principal processes examined include: - The increasing crossing of the borders between different legal regimes (whether supranational or simply particularised) and with it the erosion of what we knew as state sovereignty and constitutionalism; - The increasing use of judgment achieved through the media and how this arrives at new configurations of moral panic and scapegoating; - The creation of a need for rapid outcomes at the expense of the modernist value or version of the rule of law; - The increasing use of new and alternative methods of guilt, proof and ultra-legal detection.
This book provides a legal historical insight into colonial laws on enslavement and the plantation system in the British West Indies. The volume is a work of comparative legal history of the English-speaking Caribbean which concentrates on how the laws of England served to catalyse the slavery laws and also legislation pertaining to post-emancipation societies. The book illustrates how these "borrowed" laws from England not only developed colonial slavery laws within the English-speaking Caribbean but also inspired the slavery codes of a number of North American plantation systems. The cusp of the work focuses on the interconnectivities among the English-speaking slave holding Atlantic and how persons, free and unfree, moved throughout the system and brought laws with them which greatly affected the various enslaved societies. The book will be essential reading for students and researchers interested in colonial slavery, Caribbean studies and Black and Atlantic history. |
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