ePDF and ePUB available Open Access under CC-BY-NC licence. During the 20th century the locus of care shifted from large institutions into the community. However, this shift was not always accompanied by liberation from restrictive practices. In 2014 a UK Supreme Court ruling on the meaning of 'deprivation of liberty' resulted in large numbers of older and disabled people in care homes, supported living and family homes being re-categorized as 'detained'. Placing this ruling in its social, historical and global context, this book presents a socio-legal analysis of social care detention in the post-carceral era. Drawing from disability rights law and the meanings of 'home' and 'institution' it proposes solutions to the Cheshire West ruling's paradoxical implications.

This volume provides a critical assessment of the liberties of citizens and others in the European Union (EU) and the different ways in which they are affected by the proliferation of discourses, practices and norms of insecurity enacted in the name of the safety of the citizen and collective security. It analyzes from an interdisciplinary perspective the impacts of new techniques of surveillance and control of human movements over the liberty and security of the individual. The book offers a study of illiberal practices of liberal regimes in the field of security, and the relationship between the internal and external effects of these practices in an increasingly interconnected world order, as well as the effects in relation to the place of the EU in this world. The volume presents the final results of the CHALLENGE research project (The Changing Landscape of European Liberty and Security) - a five-year project funded by the Sixth Framework Programme of DG Research of the European Commission.

Investigating the unique EU-CARICOM legal relationship, this book explores the major theme of globalisation, which shapes inter-regional organisations individually and determines their relationship to one another. It evaluates how EU-CARICOM relations have fostered trade, security and other development measures, reflecting on the past, future and present of the Caribbean states that are active in the EU-CARICOM framework. Providing case studies on key issues such as immigration, tax and energy, it examines the impact that the EU-CARICOM has on the slave trade and the deportation of millions of people. Such bitter experiences still indirectly shape culture, hopes and the economic framework of possibilities today; therefore, the focus of the volume is on the issues which the constant stream of globalisation creates. The book assesses many potential impacts that the agenda of the EU and Brexit pending will have upon the EU-CARICOM relationship, given the potential for these to create instability. Overall, it highlights how the EU and CARICOM are representations for multilateralism and serve as models that provide the basis for many successful initiatives and agreements. In all new agreements and negotiations, the will to accept the Sustainable Development Goals and thus to make inequality, climate change and other goals of the SDGs the basis of an order that puts people at the centre, are evaluated, and the global agenda 2030 and its impact on EU-CARICOM. Overall, it highlights how the EU and CARICOM are representations for multilateralism and serve as models that provide the basis for many successful initiatives and agreements. In all new agreements and negotiations, the will to accept the Sustainable Development Goals and thus to make inequality, climate change and other goals of the SDGs the basis of an order that puts people at the centre, are evaluated, and the global agenda 2030 and its impact on EU-CARICOM.

This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically. The author grounds his position in an underlying theory of moral and criminal responsibility according to which blameworthiness consists in a defective response to the moral reasons one has. Since persons cannot be faulted for failing to respond to reasons for criminal liability they do not believe they have, then ignorance should almost always excuse. But persons are somewhat responsible for their wrongs when their mistakes of law are reckless, that is, when they consciously disregard a substantial and unjustifiable risk that their conduct might be wrong. This book illustrates this with examples and critiques the arguments to the contrary offered by criminal theorists and moral philosophers. It assesses the real-world implications for the U.S. system of criminal justice. The author describes connections between the problem of ignorance of law and other topics in moral and legal theory.

This volume brings together many of the world's leading theorists of free will and philosophers of law to critically discuss the ground-breaking contribution of David Hodgson's libertarianism and its application to philosophy of law. The book begins with a comprehensive introduction, providing an overview of the intersection of theories of free will and philosophy of law over the last fifty years. The eleven chapters collected together divide into two groups: the first five address libertarianism within the free will debate, with particular attention to Hodgson's theory, and in Part II, six contributors discuss Hodgson's libertarianism in relation to issues not often pursued by free will scholars, such as mitigation of punishment, the responsibility of judges, the nature of judicial reasoning and the criminal law process more generally. Thus the volume's importance lies not only in examining Hodgson's distinctive libertarian theory from within the free will literature, but also in considering new directions for research in applying that theory to enduring questions about legal responsibility and punishment.

"The articles in this volume of Studies in Law, Politics, and Society cover an exciting and diverse range of topics relating to law's relationship with and impact on society. Two articles cover immigration, but from very different perspectives. One examines the legal-cultural attitude of immigrants from the former Soviet Union to Israel while the other investigates US Immigration Policy and the notion of 'child saving'. Other articles cover the institutional dynamics of same-sex marriage debates in America; the anti-strip mining movement in central Appalachia; an analysis of the death penalty in Maricopa County, Arizona, one of the most active death penalty locales in the contemporary U.S; and affirmative defenses at the International Criminal Court."

An essential, rigorous, and lively introduction to the beginnings of American law. How did American colonists transform British law into their own? What were the colonies' first legal institutions, and who served in them? And why did the early Americans develop a passion for litigation that continues to this day? In Law and People in Colonial America, Peter Charles Hoffer tells the story of early American law from its beginnings on the British mainland to its maturation during the crisis of the American Revolution. For the men and women of colonial America, Hoffer explains, law was a pervasive influence in everyday life. Because it was their law, the colonists continually adapted it to fit changing circumstances. They also developed a sense of legalism that influenced virtually all social, economic, and political relationships. This sense of intimacy with the law, Hoffer argues, assumed a transforming power in times of crisis. In the midst of a war for independence, American revolutionaries used their intimacy with the law to explain how their rebellion could be lawful, while legislators wrote republican constitutions that would endure for centuries. Today the role of law in American life is more pervasive than ever. And because our system of law involves a continuing dialogue between past and present, interpreting the meaning of precedent and of past legislation, the study of legal history is a vital part of every citizen's basic education. Taking advantage of rich new scholarship that goes beyond traditional approaches to view slavery as a fundamental cultural and social institution as well as an economic one, this second edition includes an extensive, entirely new chapter on colonial and revolutionary-era slave law. Law and People in Colonial America is a lively introduction to early American law. It makes for essential reading.

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.

* Translation of a prestigious and successful German publication;

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 book addresses the criminalisation of sexually explicit material depicting or describing fictitious characters who appear to be children. It is the first book of its kind to specifically examine the expansion of the law to include fictional representations of children, focusing on the law in Australia, Canada, the United Kingdom, and the United States. The author explores the potential criminalisation of comics and subgenres of manga that frequently depict childlike characters in a sexual context. Of course, the need to protect children from harm outweighs freedom of expression and the right to privacy; however, this argument is complicated by the material being purely fictional. Does prohibiting the fictional representation of minors interfere with individual freedoms? Based on a detailed socio-legal study, this book extensively analyses literature and pertinent theories of criminalisation, such as the Harm Principle, Offense Principle, and Legal Moralism. The book will be an invaluable resource for academics and students in various disciplines, including law, criminology, sociology, and psychology. It will also be of interest to fans of fantasy fiction.

Presenting an integrated approach to information exchange among law enforcement institutions within the EU, this book addresses the dilemma surrounding the need to balance the security of individuals and the need to protect their privacy and data. Providing the reader with a comprehensive analysis of information exchange tools, exploring their history, political background, the most recent legal modifications and the advantages and disadvantages of their use, it includes a comparison between different information exchange tools. Written by an author who has worked as a police officer, Home Affairs counsellor and academic, this is an important read for scholars working with EU Law, Criminal Procedure Law, and International Law as well as for practitioners who directly deal with international police cooperation or who perform criminal investigation both within and outside the EU.

The book investigates how involvement by the International Criminal Court (ICC) affects efforts to negotiate peace. It offers an interpretive account of how peace negotiators and mediators in two peace processes in Uganda and Kenya sought to navigate and understand the new terrain of international justice, while also tracing how and why international decision-making processes interfered with the negotiations, narrated the conflicts and insisted on a narrow scope of justice. Building on this interpretive analysis, a comparative analysis of peace processes in Uganda, Kenya and Colombia explores a set of general features pertaining to the judicialisation of peace. Line Engbo Gissel argues that the level and timing of ICC involvement is key to the ICC's impact on peace processes and explains why this is the case: a high level of ICC involvement during the negotiation phase of a peace process delegates politico-legal and discursive authority away from peace process actors, while a low level of ICC involvement during the negotiation phase retains such forms of authority at the level of the peace process. As politico-legal authority enables the resolution of sticking points and discursive authority constructs the conflict and its resolution, the location of authority is important for the peace process. Furthermore, judicialisation also affects the negotiation and implementation of a justice policy, with a narrowing scope for justice accompanying increasing levels of ICC involvement.

Though the EU has tried to place human rights and democracy at the heart of its external action, there are serious concerns about its capacity to have a significant impact on the situation of human rights and human rights defenders as well as on the democratization processes taking place in different regions of the world. This edited volume sheds light on the achievements of EU policies and programmes in the field of human rights and democracy, also taking into account the challenges ahead. Analysing the changing global context's effect on the ability of the EU to have a meaningful impact in the field of human rights and democratization, it examines relevant policies and programmes of the EU to see their impact on the ground. Combining various methodologies, the authors examine primary agreements and other EU documents, secondary sources (such as evaluations of EU's policies and programmes) in the field of human rights and democracy promotion, and have interviewed EU officials, academics and other key stakeholders. From these, the book sheds light on specific programmes such as the EIDHR, the EOM and the EU Guidelines on Human Rights Defenders, illuminating the increasingly hostile environment to work for human rights and democracy in a number of countries. This text will be of key interest to scholars and students of EU human rights and law, to practitioners in Europe and beyond, and more broadly to EU studies, democracy studies and international relations.

This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-a-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law. Chapter 10 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781138121249_oachapter10.pdf

Volume 21 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1- 20 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law.

In February 2008, the Archbishop of Canterbury, Dr Rowan Williams, delivered a public lecture in which he stated that it "seem ed] unavoidable" that certain aspects of Islamic law (Shari'a) would be recognized and incorporated into British law. The comments provoked outrage from sections of the public who viewed any recognition of Shari'a law in Britain with alarm. In July 2008 Lord Phillips, Lord Chief Justice of England and Wales, weighed into the fray. He praised the Archbishop's speech and gave qualified support for Shari'a principles to govern certain family and civil disputes.
Responding to the polarized debate that followed these lectures, this is a collection of short essays written by distinguished and prominent scholars addressing the question of the accommodation of Shari'a within the legal systems of the liberal-democratic West. The matters raised in the two 2008 lectures provide a springboard for lively discussion, criticism and debate on both the specific question of religious/cultural accommodation by the law and the wider issues of multiculturalism, equality before the law and the desirability of parallel jurisdictions for particular faith communities.
Leading scholars from a range of countries and academic disciplines, and representing different political viewpoints and faith traditions explore the complex issues surrounding the legal recognition of religious faith in a multicultural society.
The volume aims to stimulate further thought on a complex issue, and to open up new pathways for policymakers and civil society institutions grappling with the relationship between Shari'a and Western legal systems.

The eminent contributors to a new collection, Policing in France, provide an updated and realistic picture of how the French police system really works in the 21st century. In most international comparisons, France typifies the "Napoleonic" model for policing, one featuring administrative and political centralization, a strong hierarchical structure, distance from local communities, and a high priority on political policing. France has undergone a process of pluralization in the last 30 years. French administrative and political decentralization has reemphasized the role of local authorities in public security policies; the private security industry has grown significantly; and new kinds of governing models (based on arrangements such as contracts for service provision) have emerged. In addition, during this period, police organizations have been driven toward central government control through the imposition of performance indicators, and a top-down decision was made to integrate the national gendarmerie into the Ministry of Interior. The book addresses how police legitimacy differs across socioeconomic, generational, territorial, and ethnic lines. An analysis of the policing of banlieues (deprived neighborhoods) illustrates the convergence of contradictory police goals, police violence, the concentration of poverty, and entrenched opposition to the states' representatives, and questions policing strategies such as the use of identity checks. The collection also frames the scope of community policing initiatives required to deal with the public's security needs and delves into the security challenges presented by terrorist threats and the nuances of the relationship between policing and intelligence agencies. Identifying and explaining the diverse challenges facing French police organizations and how they have been responding to them, this book draws upon a flourishing French-language literature in history, sociology, political science, and law to produce this new English-language synthesis on policing in France. This book is a valuable resource for researchers and practitioners working in and around French policing, as well as students of international law enforcement.

How can jurists resolve multicultural conflicts? Which kind of questions should judges ask when culture enters the horizon of the law? Are they then called to become anthropologists? Through the analysis of hundreds of cases produced through decades of multicultural jurisprudence, this book reconstructs the constitutional and anthropological narratives and the legal techniques used by Western judges to face the challenges posed by multiculturalism: from Japanese parent-child suicide to the burqa, from Jewish circumcision to Roma begging, from kissing a son on his genitals to the claim of indigenous people to fish salmon in natural parks, the book brings the reader into a fascinating journey at the crux of the encounter between the relativism of anthropology and the endeavor toward a democratic coexistence pursued by the law. After identifying the recurrent themes or topoi used by judges and lawyers, this book critically analyzes them, evaluates their persuasive power and suggests a "cultural test" that gathers together the crucial questions to be answered when resolving a multicultural dispute. The "cultural test" is a matrix that guides the judge, lawyers and legislatures across the intricate paths of multiculturalism, to assure a relational dialogue between the law and anthropology.

This edited volume explores the question of the lawfulness under international law of economic activities in occupied territories from the perspectives of international law, EU law, and business and human rights. Providing a multi-level overview of relevant practices, policies and cases, the book is divided in three parts, each dealing with how different legal fields have come to grips with the challenges brought about by the question of the lawfulness under international law of economic activities in occupied territories. The first part includes contributions pertaining to the international law dimension of the question. It contains chapters on the conjunction between jus in bello, jus ad bellum and international human rights law in the context of exploitation of natural resources in territories under belligerent occupation; on third party obligations flowing from the application of occupation law in relation to natural resources exploitation; and on State practice with regards to trading with occupied territories. The second part focuses on EU law and contains contributions that assess the EU's approach to occupied territories and the extent to which this approach comports with the EU's obligations under international law; contributions providing an in-depth assessment of the case-law of the CJEU on occupied territories; as well as contributions pertaining to the political considerations that may influence the legal framing of questions pertaining to occupied territories. The final part focuses on the business and human rights perspective, with chapters on investment arbitration as a means for holding the occupant accountable for its conduct towards foreign investments and investors; on the role and impact of the soft law framework governing corporate activity (such as the UN Guiding Principles) on business involvement with occupied territories; as well as a final case study on the dispute involving Israeli football activity in settlements located in the OPT and the legal responsibility of FIFA in this regard. The book will appeal to academics, practitioners and policy-makers alike.

Examining the interplay between law and society from imperial to present-day China, this synoptic book traces the developments of law in Chinese societies. Vai Io Lo investigates the role of law in social governance, discussing China's ongoing reforms towards the rule of law with Chinese characteristics. Offering a comprehensive overview of the interaction between law and society in China, this book simultaneously provides a glimpse of China in terms of history, polity, society, economy and philosophy. Opening with a discussion on what 'law' and 'society' are, Lo frames the discussion within the contexts of imperial China, the transitional period, the pre-reform era, and finally contemporary China. Utilising up-to-date analyses and Chinese characters alongside key concepts explained in English, this book will be beneficial to Chinese studies and Chinese law scholars looking for a more integrated insight into the background behind contemporary Chinese law. Legal practitioners working in the field will also find this book an important reference.

Volume 20 of The Jewish Law Annual features six detailed studies. The first three articles consider questions which fall under the rubric of halakhic methodology. The final three articles address substantive questions regarding privacy, cohabitation and medical triage. All three 'methodological' articles discuss creative interpretation of legal sources. Two (Cohen and Gilat) consider the positive and forward-thinking aspects of such halakhic creativity. The third (Radzyner) examines tendentious invocation of new halakhic arguments to advance an extraneous interest. Cohen explores positive creativity and surveys the innovative midrashic exegeses of R. Meir Simha Hakohen of Dvinsk, demonstrating his willingness to base rulings intended for implementation on such exegesis. Gilat examines exegetical creativity as to the laws of capital offenses. Midrashic argumentation enables the rabbinical authorities to set aside the literal sense of the harsh biblical laws, and implement more suitable penological policies. On the other hand, Radzyner's article on tendentious innovation focuses on a situation where novel arguments were advanced in the context of a power struggle, namely, Israeli rabbinical court efforts to preserve jurisdiction. Two articles discuss contemporary dilemmas. Spira & Wainberg consider the hypothetical scenario of triage of an HIV vaccine, analyzing both the talmudic sources for resolving issues related to allocating scarce resources, and recent responsa. Warburg discusses the status of civil marriage and cohabitation vis-a-vis payment of spousal maintenance: can rabbinical courts order such payment? Schreiber's article addresses the question of whether privacy is a core value in talmudic law: does it indeed uphold a 'right to privacy,' as recent scholars have claimed? The volume concludes with a review of Yuval Sinai's Application of Jewish Law in the Israeli Courts (Hebrew).

The eminent contributors to a new collection, Policing in France, provide an updated and realistic picture of how the French police system really works in the 21st century. In most international comparisons, France typifies the "Napoleonic" model for policing, one featuring administrative and political centralization, a strong hierarchical structure, distance from local communities, and a high priority on political policing. France has undergone a process of pluralization in the last 30 years. French administrative and political decentralization has reemphasized the role of local authorities in public security policies; the private security industry has grown significantly; and new kinds of governing models (based on arrangements such as contracts for service provision) have emerged. In addition, during this period, police organizations have been driven toward central government control through the imposition of performance indicators, and a top-down decision was made to integrate the national gendarmerie into the Ministry of Interior. The book addresses how police legitimacy differs across socioeconomic, generational, territorial, and ethnic lines. An analysis of the policing of banlieues (deprived neighborhoods) illustrates the convergence of contradictory police goals, police violence, the concentration of poverty, and entrenched opposition to the states' representatives, and questions policing strategies such as the use of identity checks. The collection also frames the scope of community policing initiatives required to deal with the public's security needs and delves into the security challenges presented by terrorist threats and the nuances of the relationship between policing and intelligence agencies. Identifying and explaining the diverse challenges facing French police organizations and how they have been responding to them, this book draws upon a flourishing French-language literature in history, sociology, political science, and law to produce this new English-language synthesis on policing in France. This book is a valuable resource for researchers and practitioners working in and around French policing, as well as students of international law enforcement.

Most people are unaware of a quiet war that has been raging for the last decade in the courts, federal regulatory agencies, and Congress--a war over federal agency preemption of state common law claims. But the outcome of these battles will affect us all, says regulatory law expert Thomas O. McGarity, and consumers stand to be the biggest losers. In this comprehensive and balanced book, McGarity takes up for the first time this increasingly important subject. He shows how preemption affects the way citizens are protected from harm and companies are held accountable for damage they unlawfully cause. The book offers scholars and policymakers a full analysis of the legal and policy issues under debate, and it brings into sharp focus the impact of preemption on the lives of people involved in actual lawsuits. McGarity highlights the arguments for and against preemption and suggests guidelines for resolving difficult issues in a variety of contexts.

Onshore unconventional gas operations, in most jurisdictions, operate on the legal principle that all activities during exploration and extraction are 'temporary' in nature. The concept that the onshore unconventional gas industry has a temporary effect on the land on which it operates creates a regulatory paradox. On one hand, unconventional gas activities create energy security, national wealth and a bourgeoning export industry. On the other, agricultural land and agriculturalists may be significantly disadvantaged by unconventional gas activities potentially producing permanent damage to non-renewable fertile soils and spoiling the underground water tables. Thus, threatening future food security and food sovereignty. This book explores the socio-regulatory dimensions of coexistence between agricultural and onshore unconventional gas land uses in the jurisdictions with the highest concentration of proven unconventional gas reserves - Australia, Canada, the USA, the UK, France, Poland and China. In exploring the differing regulatory standpoints of unconventional gas land uses on productive farming land in the chosen jurisdictions, this book provides an original three-part categorisation of regulatory approaches addressing the coexistence of agricultural land and unconventional gas namely: adaptive management, precautionary and, finally, statism. It offers a timely and topical approach to socio-legal natural resource governance theory based on the participation, transparency and empowerment for agricultural landholders, examining how differing frameworks such as the collective bargaining framework can create equitable and sustainable contractual arrangements with unconventional gas companies.