Winner of the Scribes Book Award "As brilliantly imaginative as it is urgently timely." -Richard H. Fallon, Jr., Harvard Law School "At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto." -Frederick Schauer, author of The Proof A highly original framework for restoring confidence in a government bureaucracy increasingly derided as "the deep state." Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones. These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the "deep state" and yearn for its downfall. "Has something to offer both critics and supporters...a valuable contribution to the ongoing debate over the constitutionality of the modern state." -Review of Politics "The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow." -Wall Street Journal

This book discusses the relationship, interaction and conflict between everyday life and various institutions in a specific village in North China, with a focus on the formal and informal legal systems. It vividly describes the village's "legal construction problems" as well as the customs and laws, and such it can be seen as a historical and innovative comment on China's problems. The book is based on the author's field investigations assessing vast amounts of material concerning local organizations, formal and informal authorities, economic exchange, religious rituals, as well as interviews with villagers and numerous court files. It presents an in-depth exploration of "pluralism of authority" in China's rural society, and examines how various authorities were formed. It also summarizes how various local disputes are resolved and discusses the villagers' understanding of the concept of "justice." Lastly, it suggests ways in which national law and local customs could communicate and collaborate.

Universities are pressed to compete within the global scene of international higher education. What is the status of the national or local language in higher education when the dominance of English in the academic world increases? Universities have become an interesting field for research on sociolinguistic and language policy aspects. How can the global edge and the local function of universities be effectively combined? This book combines case study contributions from countries within and outside Europe in order to underline the key language policy challenges universities around the world face in their attempt to remain nationally leading and interna-tionally competitive institutions. The grouping of different countries and contexts leads to the scrutiny of a variety of scopes that complement each other.

This special issue of Studies in Law, Politics and Society focuses on law and the liberal state; presenting an interdisciplinary and multifaceted approach to analysis of law and liberty. The first chapters focus on law's direct relationship with the American liberal state. John P. Anderson defends John Rawl's pragmatism; Adelaide Villmoare and Peter Stillman consider the 'Janus faces of law', a double vision of law where both sides of the face adhere to one another through neoliberalism; and Timothy Delaune examines jury nullification. The remaining chapters then go on to consider specific applications of the law within society. Susan Burgess provides a critical account of what implications the inclusion of gays in the US military has for understanding the means by which the liberal state uses law to include the previously excluded. Daniel Skinner then problematizes the body politics of American liberalism, as viewed through the lens of health policy and the final chapter from Beau Breslin and Katherine Cavanaugh explores how various legal and judicial policies have highlighted the clash between the state's imperial authority and Native American narratives.

This book engages with the place of law and legality within Australia's distinctive contribution to global televisual culture. Australian popular culture has created a lasting legacy - for good or bad - of representations of law, lawyers and justice 'down under'. Within films and television of striking landscapes, peopled with heroes, antiheroes, survivors and jokers, there is a fixation on law, conflicts between legal orders, brutal violence and survival. Deeply compromised by the ongoing violence against the lives and laws of First Nation Australians, Australian film and television has sharply illuminated what it means to live with a 'rule of law' that rules with a legacy, and a reality, of deep injustice. This book is the first to bring together scholars to reflect on, and critically engage with, the representations and global implications of law, lawyers and justice captured through the lenses of Australian film, television and social media. Exploring how distinctively Australian lenses capture uniquely Australian images and narratives, the book nevertheless engages these in order to provide broader insights into the contemporary translations and transmogrifications of law and justice.

In The Beautiful Prison incarcerated Americans and prison critics seek to imagine the prison as something better than a machinery of suffering. From personal testimony to theoretical meditation these writers explore and confront the practical and cultural limits the prison places on its transformation into a socially constructive institution. Long-term prisoner Kenneth E. Hartman engages the reader in his struggle to find beauty inside the increasingly bleak and sterile confines of the California Department of Corrections. Chuck Jackson releases his imagination on Houston's notorious Harris County Jail to envision a jailhouse transformed into a university, community, and arts center. Between the grip of the CDC and utopian vision, Leder, Ginsburg, Pinkert, and Brown report on their practical and theoretical work to understand what the prison has been and might be. The Beautiful Prison suggests that any passage from 'ugly prisons' into institutions serving the greater good will only be possible when the will and intellectual capital of their inhabitants are met by free-world critics ready to challenge assumptions of the prison acting solely as an apparatus of punishment.

This collection of essays is the first edited volume in the English language which is entirely dedicated to the work of Eugen Ehrlich. Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many as one of the 'founding fathers' of modern sociology of law. Although the importance of his work (including his concept of 'living law') is widely recognised, Ehrlich has not yet received the serious international attention he deserves. Therefore, this collection of essays is aimed at 'reconsidering' Eugen Ehrlich by bringing together an interdisciplinary group of leading international experts to discuss both the historical and theoretical context of his work and its relevance for contemporary law and society scholarship. This book has been divided into four parts. Part I of this volume paints a lively picture of the Bukowina, in southeastern Europe, where Ehrlich was born in 1862. Moreover it considers the political and academic atmosphere at the end of the nineteenth century. Part II discusses the main concepts and ideas of Ehrlich's sociology of law and considers the reception of Ehrlich's work in the German speaking world, in the United States and in Japan. Part III of this volume is concerned with the work of Ehrlich in relation to that of some his contemporaries, including Roscoe Pound, Hans Kelsen and Cornelis van Vollenhoven. Part IV focuses on the relevance of Ehrlich's work for current socio-legal studies. This volume provides both an introduction to the important and innovative scholarship of Eugen Ehrlich as well as a starting point for further reading and discussion.

What is social control? How do social controls become part of everyday life? What role does the criminal justice system play in exerting control? Is the diagnosis and treatment of mental illness a form of social control? Do we need more social controls to prevent terrorist atrocities?

In this new edition of his popular and engaging introduction, James J. Chriss carefully guides readers through the debates about social control. The book provides a comprehensive guide to historical debates and more recent controversies, examining in detail the criminal justice system, medicine, everyday life, and national security.

Assuming no specialist knowledge on the part of readers, Chriss uses a rich range of contemporary examples to illustrate the ways in which social control is exerted and maintained. The updated edition includes new and expanded discussion of the 2011 Tucson shootings, post-9/11 counterterrorism laws in the transition from the Bush to the Obama administrations, the death of bin Laden, racial profiling, housing segregation and white flight, hate crimes, (counter)surveillance and flash mobs, the diagnosis of conditions such as ADHD, and agents of socialization in the areas of work and consumption, religion, the family, and the mass media.

This new edition of "Social Control: An Introduction" will be essential reading for students taking courses in deviance and social control, and will also appeal to those studying criminology, the sociology of law, and medical sociology.

This volume of Studies in Law, Politics and Society brings together the work of scholars of several different generations and several different national contexts. The articles published here feature both cutting edge issues of major interest to policy makers and activists as well as those that address venerable issues in the interdisciplinary study of law. They illuminate family law, the way law deals with children, international human rights, and the way law deals with injury and damages claims.

Permit But Discourage: Regulating Excessive Consumption, by W.A. Bogart is the first book to focus on problem gambling and its regulation and to situate this analysis in the larger context of regulating excessive consumption. This work analyzes the effectiveness of law in controlling excessive consumption. It engages theoretical discussions concerning the effectiveness of legal intervention, especially regarding "normativity", the relationship between law and norms. It also argues that various forms of over consumption (alcohol, smoking, non-nutritious eating) can be more effectively controlled by altering norms regarding them so that such excesses can be suppressed to a greater extent. Regulatory efforts are aimed not at forbidding consumption but at suppressing excessive aspects. In the case of tobacco this means zero consumption since there is no safe level of smoking. In contrast, in terms of alcohol, this means encouraging consumption of only moderate amounts. Addictive drugs are, generally, prohibited, and their use is criminalized. But there is a significant measure of public opinion that prohibition does more harm than good; that permit but discourage would produce better results. The battle against obesity, a contested concept, focuses on encouraging eating nutritious foods and being physically active. The book then focuses on one form of consumption that is associated with major social issues: problem gambling. Regulation, to date, has been mostly on ensuring honesty regarding the various games and in promoting revenue enhancement for owners (often governments). However, in the face of the mounting evidence regarding the damage caused by those with impaired control, there are increasing calls for the regulatory frameworks to make "harm minimization" and related concepts a priority. "Harm minimization" brings permit but discourage to the fore in terms of gambling and problem gambling. Permit But Discourage examines a variety of legal interventions that could be used to address problem gambling.

With cities increasingly following rigid rules for designing out crime and producing spaces under surveillance, this book asks how information shapes bodies, space, and, ultimately, policymaking. In recent years, public spaces have changed in Western countries, with the urban realm becoming an ever-more monitored, privatised, homogeneous, and aseptic space that has lost its character, uniqueness, and diversity in the name of 'security'. This underpins precise moral and political choices in terms of what a space should be, how it can be used, and by whom. These choices generate material consequences concerning urban inequality and freedom, or otherwise, of movement. Based on ethnographic and autoethnographic explorations in London's 'criminal' spaces, this book illustrates how rules, policies, and moral values, far from being abstract concepts, are in fact material. Outlining the basis of a new urban information ethics, the book both exposes and challenges how moral values and predefined categories are applied to, and materially shape, the movement of bodies in urban space with regard to crime and security policies. Drawing on Gilbert Simondon's information theory and a wide range of work in urban studies, geography, and planning, as well as in surveillance studies, object-oriented ontology, and contemporary theoretical work on both materiality and affect, the book provides a radically new perspective on urban space in general, and crime and security in particular. This book uses a balanced mix of theoretical concepts and empirical study to bring theory and practice together in an intertwining of ethnography and autoethnography. This book will be of interest to students and scholars in the fields of urban studies, urban geography, sociology, surveillance studies, legal theory, socio-legal studies, planning law, environmental law, and land law.

This book provides a systematic and interdisciplinary examination of law and legal institutions in Malaysia. It examines legal issues from historical, social, and political perspectives, and discusses the role of law in relation to Malaysian multiculturalism, religion, politics, and society. It shows how the Malaysian legal system is at the heart of debates about how to deal with the country's problems, which include ethnic and religious divisions, uneven and unsustainable development, and political authoritarianism; and it argues that the Malaysian legal system has much to teach other plural polities, nations within the common law tradition, and federal states.

This book develops a sociological account of lie detection practices and uses this to think about lying more generally. Bringing together insights from sociology, social history, socio-legal studies and science and technology studies (STS), it explores how torture and technology have been used to try to discern the truth. It examines a variety of socio-legal practices, including trial by ordeal in Europe, the American criminal jury trial, police interrogations using the polygraph machine, and the post-conviction management of sex offenders in the USA and the UK. Moving across these different contexts, it articulates how uncertainties in the use of lie detection technologies are managed, and the complex roles they play in legal spaces. Alongside this story, the book surveys some of the different ways in which lying is understood in philosophy, law and social order. Lie Detection and the Law will be of interest to STS researchers, socio-legal scholars, criminologists and sociologists, as well as others working at the intersections of law and science.

This book explores the implications of European and Eurasian integration projects for the constitutional orders of post-Soviet countries. On the one hand, the process of Eurasian integration, culminating in the establishment of the Eurasian Economic Union (EAEU), led to the creation of new institutions and mechanisms influencing the domestic legal order of the participating countries. On the other hand, the process of European integration, epitomised through the European Union (EU), constitutes an important source of reference for domestic constitutional developments in the countries which recently concluded a new generation of Association Agreements with the EU. This book analyses the implications of both processes. The book addresses the relevant experience of the countries from Central and Eastern Europe with transitional constitutionalism, mapping out the significance of European and Eurasian integration for protecting the rule of law in the post-Soviet space and identifying the constitutional implications and challenges of the EAEU and the new generation of Association Agreements. It also provides detailed country reports on national constitutional orders in the post-Soviet space and their adaptability to regional integration projects, authored by leading academics from the countries concerned, providing a number of general reflections about the evolution of post-Soviet constitutions in light of European and Eurasian integration projects.

This book examines the role and potential of derivative actions in shareholder protection in public limited companies. Derivative actions have been a focal point of legislators' agendas on shareholder protection, in the past few decades, throughout Europe and beyond. Nevertheless, there remain jurisdictions, such as Greece, which are still devoid of this remedy. Against this backdrop, this book examines whether and how the derivative action may improve shareholder protection, constituting thus a mechanism that justifies legislative attention. It does so in three parts. First, it analyses the desirable role derivative actions assume in protecting shareholder property, monitoring corporate management and mitigating agency costs, alongside their economic implications, introducing the reader to the contemporary international debate on the topic. Having set the desiderata, the second part proceeds with the comparative analysis of Greek, German and UK law - jurisdictions that have recently reformed their provisions on shareholder protection - examining not only the law on derivative actions and their Greek counterpart remedy but also mechanisms of shareholder protection that do, or could, assume functions similar to those of the derivative action. By critically assessing the merits and failures of the respective UK, German and Greek shareholder protection laws, the book then proceeds to offer (in Part III) a model framework of shareholders' derivative litigation for jurisdictions considering reform. Written in an accessible format, it will be an invaluable resource for anyone interested in this important aspect of company law and corporate governance.

This book will aid understanding and interpretation of the Californian, UK and Australian Modern Slavery Acts, and will provide an in-depth three-way comparative analysis between the three Acts. Modern slavery is a new legal compliance issue, with new legislation enacted in California (Transparency in Supply Chains Act, 2010), the UK (Modern Slavery Act, 2015) and most recently, Australia (Modern Slavery Act, 2018). Such legislation mandates that business of a certain size annually disclose the steps that they are taking to ensure that modern slavery is not occurring in their own operations and supply chains. The legislation applies to businesses wherever incorporated or formed. Key aspects of primary focus will include lessons learned from the California, UK and Australian experience and central arguments on contentious issues, for example: monetary threshold for determining reporting entities, penalties for non-compliance, compliance lists and appointment of an Anti-Slavery Commissioner. The book will also discuss how contentious issues were ultimately resolved and will undertake a comparative analysis of the Californian, UK and Australian Acts. Modern Slavery Legislation will be of interest to academics and students of business and human rights law.

This book is a critical examination of recently introduced individual accountability regimes that apply to the financial services industry in the UK (SMCR) and Australia (BEAR and the forthcoming FAR), together with a forthcoming new individual accountability regime ( in particular, SEAR) in Ireland. It provides a framework for analysing whether these regimes will achieve behavioural change in the financial services industry. This book argues that, whilst sanctioning individuals to deter future misconduct is an important part of any successful regulatory strategy, the focus should be on ensuring that individuals in the financial services industry internalise the norms of behaviour expected under the new regimes. In this regard, the analysis in this book is informed by criminological theory, regulatory theory and behavioural science. The work also argues for a "trajectory towards professionalisation" of financial services, and banking in particular, as an important means of positively influencing industry-wide norms of behaviour, which have a key influence on firms' and individuals' behaviours.

This book analyzes privatization reforms, property rights, and raiders in post-Soviet Russia. The author surveys the existing literature in the context of predatory raiding in Russia and introduces the notion and concept of this phenomena; he suggests that the study may serve as an explanatory model for corporate, property, and land raiding in Russia. Building on previous scholarship, this monograph conceptualizes the predatory character of corporate hostile takeovers in Russia and links it with the coercive nature of the ruling authoritarian regime. This project will appeal to scholars, graduate students, and researchers in Russian and Post-Soviet politics, capitalism, corruption, and property rights.

This ground-breaking and timely book explores how big data, artificial intelligence and algorithms are creating new types of agency, and the impact that this is having on our lives and the rule of law. Addressing the issues in a thoughtful, cross-disciplinary manner, the authors examine the ways in which data-driven agency is transforming democratic practices and the meaning of individual choice. Leading scholars in law, philosophy, computer science and politics analyse the latest innovations in data science and machine learning, assessing the actual and potential implications of these technologies. They investigate how this affects our understanding of such concepts as agency, epistemology, justice, transparency and democracy, and advocate a precautionary approach that takes the effects of data-driven agency seriously without taking it for granted. Scholars and students of law, ethics and philosophy, in particular legal, political and democratic theory, will find this book a compelling and invaluable read, as will computer scientists interested in the implications of their own work. It will also prove insightful for academics and activists working on privacy, fairness and anti-discrimination. Contributors include: J.E. Cohen, G. de Vries, S. Delacroix, P. Dumouchel, C. Ess, M. Garnett, E.H. Gerding, R. Gomer, C. Graber, M. Hildebrandt, C. Maple, K. O'Hara, P. Ohm, m.c. schraefel, D. Stevens, N. van Dijk, M. Veale

The human world is in a mess. The human mind is in a mess. And now the human species is threatening its own survival by its own inventions and by war. For thousands of years, human beings conducted a great debate about the human condition and human possibilities, about philosophy and society and law. In 1516, Thomas More, in his book Utopia, contributed to the ancient debate, at another time of profound transformation in the human world. In our own time, we have witnessed a collapse in intellectual life, and a collapse in the theory and practice of education. The old debate is, for all practical purposes, dead. In 2016, Philip Allott's Eutopia resumes the debate about the role of philosophy and society and law in making a better human future, responding to a human world that More could not have imagined. And he lets us hear the voices of some of those who contributed to the great debate in the past, voices that still resonate today.

'Brilliant and disturbing' Stephen Spender, New York Review of Books The classic work on 'the banality of evil', and a journalistic masterpiece Hannah Arendt's stunning and unnverving report on the trial of Nazi leader Adolf Eichmann first appeared as a series of articles in the New Yorker in 1963. This edition includes material that came to light after the trial, as well as Arendt's postscript directly addressing the controversy that arose over her account. A major journalistic triumph by an intellectual of singular influence, this classic portrayal of the banality of evil is as shocking as it is informative - an unflinching look at one of the most unsettling issues of the twentieth century. 'Deals with the greatest problem of our time ... the problem of the human being within a modern totalitarian system' Bruno Bettelheim

This book analyses the development of anti-corruption as a policy field in the European Union with a particular focus on the EU Anti-Corruption Report. It reconstructs the origins of anti-corruption policy in the 1990s when the EU started to recognise corruption as a serious crime with a cross-border dimension. It also analyses the processes surrounding the downfall of the Santer Commission on charges of corruption in 1999 and the enlargement of the EU. This incorporation of transitional new Member States was accompanied by a number of specific measures, instruments and monitoring mechanisms to combat corruption at the supranational level, finally leading to the introduction of the EU-wide Anti-Corruption Report in 2014. The book presents an in-depth analysis of its implementation, abandonment and the way forward under the European Semester as the new instrument for achieving EU anti-corruption reforms. It offers a new interpretation of the Report as a form of reflexive governance that operates at multiple levels and involves not only the European institutions and national governments, but also the role of civil society actors in the process of developing anti-corruption policy. It applies the theory of reflexive governance in analysing the impact of the Report in the UK, Romania and Albania, including the involvement of non-state actors in anti-corruption policy making in these countries. The book concludes with a discussion on how future EU Anti-Corruption policy can make use of reflexive governance and offers recommendations to enhance anti-corruption policies of the EU, the Member States and Candidate States.

Written in accessible language, this book provides a comprehensive analysis of a topical subject that is being widely debated across Europe. The work presents an overview of emerging case law from the European Court of Human Rights and the Court of Justice of the European Union, as well as from national courts and equality bodies in European countries, on the wearing of religious symbols in public spaces. The author persuasively argues that bans on the wearing of religious symbols constitutes a breach of an individual's human rights and contravene existing anti-discrimination legislation. Fully updated to take account of recent case law, this second edition has been expanded to consider bans in public spaces more generally, including employment, an area where some of the recent developments have taken place.

In a stinging dissent to a 1961 Supreme Court decision that allowed the Illinois state bar to deny admission to prospective lawyers if they refused to answer political questions, Justice Hugo Black closed with the memorable line, "We must not be afraid to be free." Black saw the First Amendment as the foundation of American freedom--the guarantor of all other Constitutional rights. Yet since free speech is by nature unruly, people fear it. The impulse to curb or limit it has been a constant danger throughout American history.
In We Must Not Be Afraid to Be Free, Ron Collins and Sam Chaltain, two noted free speech scholars and activists, provide authoritative and vivid portraits of free speech in modern America. The authors offer a series of engaging accounts of landmark First Amendment cases, including bitterly contested cases concerning loyalty oaths, hate speech, flag burning, student anti-war protests, and McCarthy-era prosecutions. The book also describes the colorful people involved in each case--the judges, attorneys, and defendants--and the issues at stake. Tracing the development of free speech rights from a more restrictive era--the early twentieth century--through the Warren Court revolution of the 1960s and beyond, Collins and Chaltain not only cover the history of a cherished ideal, but also explain in accessible language how the law surrounding this ideal has changed over time.
Essential for anyone interested in this most fundamental of our rights, We Must Not Be Afraid to Be Free provides a definitive and lively account of our First Amendment and the price courageous Americans have paid to secure them.

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.