Law and religion, as a subdiscipline of law, has gained increasing attention in recent years. However, the complex relationship between law and religion cannot be fully understood with reference to legal research alone. This Research Handbook includes provocative chapters from experts on a range of concepts, perspectives and theories, drawing on a variety of disciplines, which can be used to further law and religion scholarship. Featuring chapters written by authors from a diverse range of backgrounds, the Handbook focuses on five main perspectives on law and religion: historical, philosophical, sociological, theological and comparative. Each chapter provides a new way of looking at law and religion which can complement and enhance a doctrinal legal understanding of the topic. Crucially, this Handbook also highlights the importance of recognising doctrinal legal study as an approach in itself, which will shape research questions and outputs accordingly. Providing an engaging and thoughtful introduction to the range of interdisciplinary approaches that can be taken to law and religion, this Handbook will be of interest to scholars in law and religion, theologians, sociologists, legal historians and political scientists. It will provide a rich foundation for future interdisciplinary research in this important area of study. Contributors include: L.G. Beaman, L. Bell, P. Billingham, C.G. Brown, J. Burnside, J. Chaplin, B. Clark, D. Dabby, N. Doe, D. Ezzy, M.A. Failinger, P. Fitzpatrick, D.J. Hill, B.C. Kane, J. Machielson, M. McIvor, T. Modood, P. Monti, A. Nazir, J. Neoh, L. OEztig, D. Perfect, S. Perfect, C. Roberts, R. Sandberg, S. Thompson, M. Travers, C. Ungureanu, D. Whistler, J. Yorke

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

This edited book analyses the issues of state-building, the rule of law and good governance, and human rights in the post-Soviet space after 30 years from the USSR dissolution. In doing so, it assesses the presence (or absence) and the level of influence of the Soviet legacies in the constructed political and legal systems of the post-Soviet republics. Assessing whether individual's interests are protected in theory and practice, the book conceptualizes the legacies that the Soviet Union left in the post-Soviet space after 30 years of disintegration. This book will be of key interest to scholars and students of human rights, governance, democratization studies, post-Soviet and Russia studies, and more widely to comparative politics, political economy, humanitarian studies and political history.

This book exposes how inequalities based on class and social background arise from employment practices in the digital age. It considers instances where social media is used in recruitment to infiltrate private lives and hide job advertisements based on locality; where algorithms assess socio-economic data to filter candidates; where human interviewers are replaced by artificial intelligence with design that disadvantages users of classed language; and where already vulnerable groups become victims of digitalisation and remote work. The author examines whether these practices create risks of discrimination based on certain protected attributes, including ‘social origin’ in international labour law and laws in Australia and South Africa, ‘social condition’ and ‘family status’ in laws within Canada, and others. The book proposes essential law reform and improvements to workplace policy.

Recent decades have brought international and municipal courts much closer together and induced meaningful cooperation. This holds true also for the International Court of Justice and domestic judicial institutions as they engage actively in an inter-judicial dialogue, particularly on the normative level. Due to the impact of globalisation and internationalisation, the World Court has expanded its jurisprudence to also accommodate references and analysis of external judicial organs and their pronouncements. Likewise, ICJ decisions are referred to and consulted by municipal courts as authoritative statements of international norms or assistance in fact determination. This monograph examines this inter-judicial dialogue in a comprehensive manner by identifying and analysing all its aspects as evidenced in respective jurisprudence. Surprisingly, the mutual conversation in judicial decisions between the World Court and national judicial institutions has drawn little attention from international legal scholarship, and the book is designed to fill this lacuna.

This book provides a comprehensive assessment of the effectiveness of Mobility Partnerships and their consequences for third countries. Mobility partnerships between the EU and third countries are usually viewed as reflecting asymmetric power relations where development aid, trade relations and visa policies are made conditional upon the cooperation by third countries with an EU agenda of migration control. This book argues that three main factors condition the relevance of Mobility Partnerships: the state of relations between EU Member States and a third country, and in particular, the role of postcolonial ties; the power of negotiation of a third country, which is linked to its geopolitical importance for the EU; and its administrative capacity, which is understood as the capacity of a state to define and implement policies and to legislate and enforce the law. The work combines a comparative legal analysis of the development of the legal and policy frameworks in the cases of Morocco and Cape Verde with an empirical study of the implementation of Mobility Partnerships' projects. The analysis demonstrates that Mobility Partnerships, despite their non-binding nature, have legal and policy relevance for these third countries with regard to the regulation of migration, asylum, human trafficking and even labour law. As such, this book makes a contribution to the understanding of the interplay between the interests of EU, Member State and third country actors in the implementation of the Mobility Partnerships. The book will be a key resource for academics and students focusing on Migration Law, EU Studies, Geopolitics and African Studies. The empirical approach will also appeal to policy-makers, international organisation representatives and NGOs.

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.

Gender and cultural studies readings of Tennessee Williams's work have provided diverse perspectives on his complex representations of sexuality, whether of himself as an openly gay man, or of his characters, many of whom narrate or dramatize sexual attitudes or behavior that cross heteronormative boundaries of the mid-century period. Several of these studies have positioned Williams and his work amid the public tensions in American life over roughly four decades, from 1940-1980, as notions of equality and freedom of choice challenged prejudice and repression in law and in society. To date, however, neither Williams's homosexuality nor his persistent representations of sexual transgressions have been examined as legal matters that challenged the rule of law. Directed by legal history and informed by multiple strands of Williams's studies criticism, textual, and cultural, this book explores the interplay of select topics defined and debated in law's texts with those same topics in Williams's personal and imaginative texts. By tracing the obscure and the transparent representations of homosexuality, specifically, and diverse sexualities more generally, through selected stories and plays, the book charts the intersections between Williams's literature and the laws that governed the period. His imaginative works, backlit by his personal documents and historical and legal records from the period, underscore his preoccupation with depictions of diverse sexualities throughout his career. His use of legal language and its varied effects on his texts demonstrate his work's multiple and complex intersection with major twentieth-century concerns, including significant legal and cultural dialogues about identity formation, intimacy, privacy, and difference.

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 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.

This updated edition includes a new afterword that identifies the role the Buck story plays in the Supreme Court's review of emerging state laws that seek to limit access to abortion. "Three generations of imbeciles are enough." Few lines from U.S. Supreme Court opinions are as memorable as this declaration by Justice Oliver Wendell Holmes Jr. in the landmark 1927 case Buck v. Bell. The ruling allowed states to forcibly sterilize residents in order to prevent "feebleminded and socially inadequate" people from having children. It is the only time the Supreme Court endorsed surgery as a tool of government policy. Though Buck set the stage for more than sixty thousand involuntary sterilizations in the United States and was cited at the Nuremberg trials in defense of Nazi sterilization experiments, it has never been overturned. It has been more than a decade since Paul A. Lombardo's classic Three Generations, No Imbeciles first exposed the Buck case's fraudulent roots. During that time, several of the remaining twentieth-century eugenic sterilization statutes have finally been repealed, and reparations to sterilization survivors have been paid in two states. Discussion of the Buck case has once again engendered controversy in the courts. The Wisconsin Supreme Court invoked Buck most recently in a debate over the power of the state to enact restrictions on citizens and businesses during the COVID-19 crisis, and the US Supreme Court cited Three Generations, No Imbeciles in arguments over the newest state laws seeking to limit access to abortion. This updated edition collects and analyzes information related to events and trends discussed in the earlier volume and includes a completely new afterword, "Looking Back at Buck," that explains how the case remains a key feature of public discourse about disability, government power, and reproductive rights. It also presents restored copies of the letters of Carrie Buck and points readers to an online archive of legal documents, images, and other material relevant to the case. The book remains a key resource for law school faculties, legal and medical historians, and anyone with an interest in the history of reproduction in the United States. "Startling."-Reason "Compelling and well-researched . . . Three Generations, No Imbeciles gives Carrie Buck's long-untold story the attention it deserves."-Harvard Law Review "Three Generations provides valuable, new, and timely revelations for students and professional scholars across many disciplines."-Disability Studies Quarterly "Meticulously detailed and researched history . . . this book is enjoyable, thought provoking, and troubling in equal measure. I highly recommend it."-Psychiatric Services

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.

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.

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 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.

What is it like working as a barrister in the 21st century? The independent Bar has transformed in the last 30 years into a commercialised, enterprising profession. Based on interviews with and observation of barristers and chambers' staff, this book identifies key changes that have taken place at the Bar and how these are reshaping and reformulating barristers' professionalism and working culture. This is the first empirical overview of the depth, scope and effects of multiple reforms that have been imposed on the profession. It explores how this once unified profession has fragmented, as the lived experiences of barristers in different practice areas have diverged. Highly specialised sets of chambers now operate like businesses, whilst others, who are dependent on legal aid funding, struggle to survive. This book offers a unique examination of different sites of change: how the chambers model has evolved, how entrepreneurial barristers market themselves, how aspirant law students prepare to enter the profession and how regulatory and procedural reforms have imposed managerial constraints on practitioners. The conclusion considers what the far-reaching changes mean for the prospects of the Bar in England and Wales.

The most sophisticated theories of judicial behavior depict judges as rational actors who strategically pursue multiple goals when making decisions. However, these accounts tend to disregard the possibility that judges have heterogeneous goal preferences - that is, that different judges want different things. Integrating insights from personality psychology and economics, this book proposes a new theory of judicial behavior in which judges strategically pursue multiple goals, but their personality traits determine the relative importance of those goals. This theory is tested by analyzing the behavior of justices who served on the US Supreme Court between 1946 and 2015. Using recent advances in text-based personality measurement, Hall evaluates the influence of the 'big five' personality traits on the justices' behavior during each stage of the Court's decision-making process. What Justices Want shows that personality traits directly affect the justices' choices and moderate the influence of goal-related situational factors on justices' behavior.

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.

What remains anti-democratic in our criminal justice systems, and where does it come from? Geoffroy de Lagasnerie spent years sitting in on trials, watching as individuals were judged and sentenced for armed robbery, assault, rape, and murder. His experience led to this original reflection on the penal state, power, and violence that identifies a paradox in the way justice is exercised in liberal democracies. In order to pronounce a judgment, a trial must construct an individualizing story of actors and their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself. The law is often presented as the reign of reason over passion. Instead, it leads to trauma, dispossession, and violence. Only by overturning our inherited legal fictions can we envision forms of truer justice. Combining narratives of real trials with theoretical analysis, Judge and Punish shows that juridical institutions are not merely a response to crime. The state claims to guarantee our security, yet from our birth, we also belong to it. The criminal trial, a magnifying mirror, reveals our true condition as political subjects.

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.

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.

William D. Lopez details the incredible strain that immigration raids place on Latino communities-and the families and friends who must recover from their aftermath. 2020 International Latino Book Awards Winner First Place, Mariposa Award for Best First Book - Nonfiction Honorable Mention, Best Political / Current Affairs Book On a Thursday in November 2013, Guadalupe Morales waited anxiously with her sister-in-law and their four small children. Every Latino man who drove away from their shared apartment above a small auto repair shop that day had failed to return-arrested, one by one, by ICE agents and local police. As the two women discussed what to do next, a SWAT team clad in body armor and carrying assault rifles stormed the room. As Guadalupe remembers it, "The soldiers came in the house. They knocked down doors. They threw gas. They had guns. We were two women with small children . . . The kids terrified, the kids screaming." In Separated, William D. Lopez examines the lasting damage done by this daylong act of collaborative immigration enforcement in Washtenaw County, Michigan. Exploring the chaos of enforcement through the lens of community health, Lopez discusses deportation's rippling negative effects on families, communities, and individuals. Focusing on those left behind, Lopez reveals their efforts to cope with trauma, avoid homelessness, handle worsening health, and keep their families together as they attempt to deal with a deportation machine that is militarized, traumatic, implicitly racist, and profoundly violent. Lopez uses this single home raid to show what immigration law enforcement looks like from the perspective of the people who actually experience it. Drawing on in-depth interviews with twenty-four individuals whose lives were changed that day in 2013, as well as field notes, records obtained under the Freedom of Information Act, and his own experience as an activist, Lopez combines rigorous research with moving storytelling. Putting faces and names to the numbers behind deportation statistics, Separated urges readers to move beyond sound bites and consider the human experience of mixed-status communities in the small towns that dot the interior of the United States.

A nation often amends its laws during war, not least to regulate life at home. Yet few historians have considered the impact of law on everyday lives in Australia during the Great War. In this original book, lawyer and historian Catherine Bond breathes life into the laws that were central to the way that people's daily lives were managed in Australia 1914-18. Riveting and at times shocking, it argues that in First World War Australia, law perpetuated a form of tyranny in the name of victory in war. Bond finds that law was used as a tool against many Australians to discriminate, oppress, censor and deprive them of property, liberty and basic human rights. This legal regime created a deep injustice that, for the most part, has remained undocumented and unacknowledged. The book examines and documents individual experiences under the law, so we meet: The men who wrote the laws A police officer who enforced the law Two men interned under the law Two female protesters who were gaoled under the law A man imprisoned multiple times then deported Three men who were discriminated against by the law Two men who benefitted from the law Many infamous laws were used during this period, including the War Precautions Act (and its myriad regulations) and the Unlawful Associations Act. Engaging and informative, this book holds those who wrote the laws to account, exposing the sheer breadth and impact of this wartime legal regime, some of which is still in force to this day.

The 1960s, in retrospect, may be chiefly remembered for the unprecedented constitutional developments it witnessed in countries emerging from colonial rule. Originally published in 1963, an examination of these constitutional developments from the authoritative pens of the previous Legal Adviser to the Colonial and Commonwealth Relations Offices, and the Legal Adviser to the Colonial Office at the time was, therefore, particularly timely - for no two men in human history can have had to draft so many constitutional instruments. One after another of these new constitutions had, moreover, included certain 'Fundamental Rights', so a discussion of this subject by a recognised academic authority, together with an examination by an ex-Chief Justice of Allahabad of the constitutional writs which have been so widely used in India to protect these rights, was particularly appropriate. An erudite examination of the origins of the famous phrase 'Justice, Equity and Good Conscience' by the Reader in Oriental Laws in the University of London, fittingly concludes the first half of this volume. Legal developments in these emergent countries, had, however, by no means been limited to the sphere of constitutional law. So the series continues with contributions on the legal profession in African territories, by a former President of the Law Society, and on the problems posed by Islamic law in that continent, by the Professor of Oriental Laws. Criminal Law is represented by a consideration of 'Liability under the Nigerian Criminal Code' by an ex-Chief Justice of the Western Region; matters economic and sociological by papers on 'Legal Development and Economic Growth in Africa' and 'Women's Status and Law Reform' by two experts in Africa law; and developments in Asia by an examination of recent legislation on family law in Pakistan, and of the sources of Chinese Law in Hong Kong, by other members of the staff of the School of Oriental and African Studies.