It has been acknowledged for some years that the early onset of delinquency can predict a long and serious criminal career. Most resources are targeted at the teenage years but this book argues convincingly that more research and interventions should be aimed at child delinquents aged 12 and under. Tomorrow's Criminals addresses key problems in criminological research and makes studies from the Netherlands more accessible to a wider audience. It provides information and analyses on risk factors and reviews screening tools and risk-focused prevention methods. The contributions increase visibility and accessibility of European policy and practice in the explanation and prevention of child delinquency.

Puppies nubile, tender, and pure have become endeared to U.S. society, and to some extent, the world. Puppies are the holy grail of animal companions to Americans. They are glorified above other animals and protected by numerous laws, yet they are systematically, lawfully, and illegally abused, tortured, and killed. A vast array of opinions, policies, protocols, rules, regulations, and laws govern treatment or mistreatment of puppies demonstrating that appreciation for puppies is neither ubiquitous, nor superseding. Puppies may be subjected to painful product testing in the U.S., but not in Europe, despite their glorified status above other animals. This book details the myriad of laws, policies, attitudes, misfortunes, and processes shaping puppies' lives in America. Specialized topics such as Bestiality, Child Grooming, Pornography, Film, Mythology, and Art are addressed to build an argument that overall, treatment of puppies in the U.S. reflects priorities, needs, values, and morals which are contextually based on human desires, capabilities, survival mechanisms, altruism, American family life, and the economy. The randomized yet selective treatment of puppies typifies American culture, and to some extent other cultures, at least in the American purview. The author analyzes physiological comparisons between humans and dogs to discover why Americans may be so interested in puppies. The foundations of this research are law, social and behavioral science, policies, history, politics, animal studies, animal welfare, criminal justice, sociology, anthropology, and current events.

The role of religion as a contentious and motivating force in society is examined here through the lens of the church-state dynamic in countries with three very different approaches to this crucial relationship. Focusing on the United Kingdom, where there is official recognition of one religion by the state, the United States, where law imposes a separatism between religion and the state and Germany, where there is cooperation between the church and state, this book compares these three models. It describes the components of each model, illustrates their operation and uses case law to examine what each model might learn from the other. Controversial and timely issues such as the refusal of medical treatment on religious grounds, the wearing of Islamic headscarves and ritual animal slaughter are discussed with new insight, providing a comprehensive review of varied approaches to law, government and religious freedom.

From the viewpoint of migration and asylum policy and the fight against terrorism, justice and home affairs is a key policy area. It is also an area that raises important challenges and questions with regard to the preservation of fundamental freedoms. This engaging volume examines the emerging European Union area of freedom, security and justice at a time when key policy priorities are taking shape within the EU. Bringing together contributors from different backgrounds, the volume is ideal for students and scholars of European studies, law, political science, political theory and sociology.

This book approaches law as a process embedded in transnational personal, religious, communicative and economic relationships that mediate between international, national and local practices, norms and values. It uses the concept "living law" to describe the multiplicity of norms manifest in transnational moral, social or economic practices that transgress the territorial and legal boundaries of the nation-state. Focusing on transnational legal encounters located in family life, diasporic religious institutions and media events in countries like Norway, Sweden, Britain and Scotland, it demonstrates the multiple challenges that accelerated mobility and increased cultural and normative diversity is posing for Northern European law. For in this part of the world, as elsewhere, national law is challenged by a mixture of expanding human rights obligations and unprecedented cultural and normative pluralism enhanced by expanding global communication and market relations. As a consequence, transnationalization of law appears to create homogeneity, fragmentation and ambiguity, expanding space for some actors while silencing others. Through the lens of a variety of important contemporary subjects, the authors thus engage with the nature of power and how it is accommodated, ignored or resisted by various actors when transnational practices encounter national and local law.

This work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses on problems that are common to most European legal systems and the approach involves applying to legislative problems the tools of legal theory - hence 'legisprudence'. Whereas traditional legal theory deals predominantly with the application of law by the judge, legisprudence enlarges the field of study so as to include the creation of law by the legislator. The original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.

This book engages with and advances the current debate on new governance by providing a much-needed analysis of its relationship with the courts. New modes of governance have produced a plethora of instruments and actors at various levels that present a challenge to more traditional forms of command-and-control regulation. In this respect, it is commonly maintained that new governance generally - and political experimentation more broadly - weakens the power of the courts, producing a legitimacy problem for new forms of governance and, perhaps more fundamentally, for law itself. Focusing on the European Union, this book offers a new account of the role of the courts in new governance. Connecting new governance with the conception of deliberative democracy, this book demonstrates how the role of courts has been transformed by the legal and political experimentation currently taking place in the European Union. Drawing on a series of case studies, it is argued that, although deliberations in governance frameworks provide little by way of hard, binding law, these collaborative frameworks nevertheless condition judicial decision making. With far-reaching implications for how we understand the justiciability of 'soft law', participation rights, the legitimacy of governance measures, and the role of courts beyond the nation-state, this book argues that, far from undermining the power of the courts, governance regimes assist their functioning. Its analysis will therefore be of considerable interest for lawyers, political scientists and anyone interested in the transformation of the judiciary in the era of new governance.

Several years after the first Greek bailout, the integration project of the European Union faces an interlocking set of political, economic, legal and social challenges that go to the very core of its existence. Austerity is the order of the day, and citizens in both debtor and creditor states increasingly turn to the political movements of the far left and right, anti-politics and street protests to vent their frustration. This book demonstrates the limits of constitutionalism in the EU. It explores the 'twin crises' - the failure of the Constitutional Treaty in 2005 and the more recent Eurozone crisis - to illuminate both the possibilities and pitfalls of the integration project. It argues that European integration overburdened law in an attempt to overcome deep-seated political deficiencies. It further contends that the EU shifted from an unsuccessful attempt at democratisation via politicisation (the Constitutional Treaty), to an unintended politicisation without democratisation (the Eurozone crisis) only a few years later. The book makes the case that this course is unsustainable and threatens the goal of European unity. This text will be of key interest to students and scholars in the fields of EU studies, EU law, democracy studies, constitutional studies and international relations.

The intersections of law and contemporary culture are vital for comprehending the meaning and significance of law in today's world. Far from being unsophisticated mass entertainment, comics and graphic fiction both imbue our contemporary culture, and are themselves imbued, with the concerns of law and justice. Accordingly, and spanning a wide variety of approaches and topics from an international array of contributors, Graphic Justice draws comics and graphic fiction into the range of critical resources available to the academic study of law. The first book to do this, Graphic Justice broadens our understanding of law and justice as part of our human world-a world that is inhabited not simply by legal concepts and institutions alone, but also by narratives, stories, fantasies, images, and other cultural articulations of human meaning. Engaging with key legal issues (including copyright, education, legal ethics, biomedical regulation, and legal personhood) and exploring critical issues in criminal justice and perspectives on international rights, law and justice-all through engagement with comics and graphic fiction-the collection showcases the vast breadth of potential that the medium holds. Graphic Justice will be of interest to academics and postgraduate students in: cultural legal studies; law and the image; law, narrative and literature; law and popular culture; cultural criminology; as well as cultural and comics studies more generally.

This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.

Inside Immigration Law analyses the practice of implementing immigration law, examining the different political and organisational forces that influence the process. Based on unparalleled academic access to the German migration management system, this book provides new insights into the 'black box' of regulating immigration, revealing how the application of immigration law to individual cases can be chaotic, improvised and sometimes arbitrary, and either informed or distorted by the complex, politically laden and changeable nature of both German and EU immigration laws. Drawing on extensive empirical material, including participant observation, interviews and analyses of public as well as confidential documents in German immigration offices, Inside Immigration Law unveils the complex practices of decision-making and work organisation in a politically contested environment. A comparative, critical evaluation of the work of offices that examines the discretion and client interactions of bureaucrats, the management of legal knowledge and symbolism and the relationships between immigration offices and external political forces, this book will be of interest to sociologists, legal scholars and political scientists working in the areas of migration, integration and the study of work and organisations.

In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts' jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent. This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts' judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy - and, in turn, the relationship between Parliament and the courts - is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories. This book will be of great interest to students and scholars of UK public law.

The relationship between culture and the law has become an emergent concern within contemporary Cultural Studies as a field, but the recent focus has been largely limited to the role played by cultural representations and identity politics in the legitimation of legal discourse and policies. While continuing this emphasis, this collection also looks at the law itself as a cultural production, tracing some of the specific contours of its function in the last three decades. It argues that, with the onset of neoliberal or late capitalism, the law has taken on a new specificity and power, leading to what we are calling the 'juridical turn', where the presumed legitimacy of the law makes other forms of hegemonic struggle secondary. The collection not only charts the law and cultural policy as they exert their powerful-if often overlooked-influence on every aspect of society and culture, but it also seeks to define this important field of study and demonstrate the substantial role law plays in the production of our social and cultural worlds. In this trailblazing collection of contributions by leading and emerging figures in the field of cultural legal studies, chapters examine various ways in which this process is manifested, such as U.S. legislation and Supreme Court Decisions on gay marriage, immigration, consumer finance, welfare, copyright, and so-called victim's rights, along with international comparisons from Europe and Latin America. It promises to be a pathbreaking analysis of our juridically-determined conjuncture. This book was originally published as a special issue of Cultural Studies.

Topics covered include: spousal withholding of conjugal relations; halakhic understandings of the parent-child relationship; corporal punishment of children; the prohibition against seeking a second ruling after something has been declared forbidden; the agent who carries out his mandate for his own benefit, not the principal's; mid-twentieth century London organizations for the advancement of Jewish law.

This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.

This collection of critical essays considers the criminalisation of squatting from a range of different theoretical, policy and practice perspectives. While the practice of squatting has long been criminalised in some jurisdictions, the last few years have witnessed the emergence of a newly constituted political concern with unlawful occupation of land. With initiatives to address the 'threat' of squatting sweeping across Europe, the offence of squatting in a residential building was created in England in 2012. This development, which has attracted a large measure of media attention, has been widely regarded as a controversial policy departure, with many commentators, Parliamentarians, and professional organisations arguing that its support is premised on misunderstandings of the current law and a precarious evidence-base concerning the nature and prevalence of 'squatting'. Moral Rhetoric and the Criminalisation of Squatting explores the significance of measures to criminalise squatting for squatters, owners and communities. The book also interrogates wider themes that draw on political philosophy, social policy, criminal justice and the nature of ownership, to consider how the assimilation of squatting to a contemporary punitive turn is shaping the political, social, legal and moral landscapes of property, housing and crime.

In an age of smartphones, Facebook and YouTube, privacy may seem to be a norm of the past. This book addresses ethical and legal questions that arise when media technologies are used to give individuals unwanted attention. Drawing from a broad range of cases within the US, UK, Australia, Europe, and elsewhere, Mark Tunick asks whether privacy interests can ever be weightier than society's interest in free speech and access to information. Taking a comparative and interdisciplinary approach, and drawing on the work of political theorist Jeremy Waldron concerning toleration, the book argues that we can still have a legitimate interest in controlling the extent to which information about us is disseminated. The book begins by exploring why privacy and free speech are valuable, before developing a framework for weighing these conflicting values. By taking up key cases in the US and Europe, and the debate about a 'right to be forgotten', Tunick discusses the potential costs of limiting free speech, and points to legal remedies and other ways to develop new social attitudes to privacy in an age of instant information sharing. This book will be of great interest to students of privacy law, legal ethics, internet governance and media law in general.

Both risk and uncertainty are neo-liberal concepts, which can be viewed as complementary techniques for governing diverse aspects of life, rather than natural states of things. This new book examines the way these constructs govern the production of wealth through 'uncertain' speculation and 'calculable' investment formulae. The way in which risk and uncertainty govern the minimisation of harms through insurance and through the uncertain practices of 'reasonable foresight' is discussed, and O Malley looks at the way these same techniques were historically forged out of moral and social beliefs about how to govern properly. In addition, the book analyzes is how, during this process, ideas such as 'contract' and distinctions between insurance and gambling were invented to order to 'properly' govern the risky and uncertain future.

University can be a psychologically distressing place for students. Empirical studies in Australia and the USA highlight that a large number of law students suffer from psychological distress, when compared to students from other disciplines and members of the general population. This book explores the significant role that legal education can play in the promotion of mental health and well-being in law students, and consequently in the profession. The volume considers the ways in which the problems of psychological distress amongst law students are connected to the way law and legal culture are taught, and articulates curricula and extra-curricula strategies for promoting wellbeing for law students. With contributions from legal academics, legal practitioners and psychologists, the authors discuss the possible causes of psychological distress in the legal community, and potential interventions that may increase psychological well-being. This important book will be of interest to legal academics, law students, members of the legal profession, post-graduate researchers as well as non-law researchers interested in this area.

Each year more than 2 million Americans divorced, and most of them use a lawyer. In closed-door conversations between lawyers and their clients strategy is planned, tactics are devised, and the emotional climate of the divorce is established. Do lawyers contribute to the pain and emotional difficulty of divorce by escalating demands and encouraging unreasonable behavior? Do they take advantage of clients at a time of emotional difficulty? Can and should clients trust their lawyers to look out for their welfare and advance their long-term interests?
Austin Sarat and William L.F. Felstiner's new book, based on a pioneering and intensive study of actual conferences between divorce lawyers and their clients, provides an unprecedented behind-the- scenes description of the lawyer-client relationship, and calls into question much of the conventional wisdom about what divorce lawyers actually do. Divorce Lawyers and Their Clients suggests that most divorces are marked less by a pattern of aggressive advocacy than by one of inaction and drift. It uncovers reasons why lawyers find divorce practice frustrating and difficult and why clients frequently feel dissatisfied with their lawyers. This new work provides a unique perspective on the dynamics of professionalism. It charts the complex and shifting ways lawyers and clients "negotiate" their relationship as they work out the strategy and tactics of divorce.
Sarat and Felstiner show how both lawyers and clients are able to draw on resources of power to set the agenda of their interaction, while neither one is fully in charge. Rather, power shifts between the two parties; where it is achieved, power is found in the ability to have one's understandings of the social and legal worlds of divorce accepted. Power then works through the creation of shared meanings. Divorce Lawyers and Their Clients examines the effort to create such shared meanings about the nature of marriage and why marriages fail, the operation of the legal process, and the best way to bring divorces to closure. It will be fascinating reading for anyone who is going through, or has gone through a divorce, as well as for lawyers, judges, and scholars of law and society.

The judgment of the European Court of Justice concerning the Kadi case has raised substantive and procedural issues that have caught the attention of scholars from many disciplines including EU law, constitutional law, international law and jurisprudence. This book offers a comprehensive view of the Kadi case, and explores specific issues that are anticipated to resonate beyond the immediate case from which they derive. The first part of the volume sets out an analysis of the new judgment of the Court, favouring a "contextual" reading of what is the latest link in a judicial chain. The following three parts offer interdisciplinary accounts of the decision of the European Court of Justice, including legal theory, constitutional law, and international law. The book closes with an epilogue by Ernst-Ulrich Petersmann, who studies the role of the Kadi case in the methodology of international law and its contribution to the concept of global justice. The book brings together legal scholars from a range of fields, and discusses pressing topics such as the European Union's objective of 'the strict observance and the development of international law', the EU as a site of global governance, constitutional pluralism and the protections of fundamental rights.

The law relating to town and country planning has a major impact upon the physical environment and affects private citizens, landowners and developers alike. This third edition is a comprehensive text for students, practitioners and members of the general public on this difficult area of law. Following the Planning and Compulsory Purchase Act 2004, the third edition of Planning Law and Practice contains a complete revision of plan-making and the control of development as well as incorporating recent case law. Together this provides up-to-date details of the operation of the current English planning system. The successful format adopted in the first edition of this book, which was awarded the Gold Award for Best Reference Work by the Chartered Institute of Building in 1999, has been retained. Planning legislation is dealt with in the main chapters, while further chapters use relevant case law to amplify the sometimes complex statutory material. In addition, the book outlines other areas of land law such as European legislation, non-planning controls and public investment.

This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. Besides the importance of family law regulations for each individual, family law has become the battleground of political and social contestation. Divided into four parts, the collection presents a general overview and analysis of the development of family law in the region and provides insights into the broader context of family law reform, before offering examples of legal development realised by codification drawn from a selection of Gulf states, Iran, and Egypt. It then goes on to present a thorough analysis of the role of the judiciary in the process of lawmaking, before discussing ways the parties themselves may have shaped and do shape the law. Including contributions from leading authors of Middle Eastern law, this timely volume brings together many isolated aspects of legal development and offers a comprehensive picture on this topical subject. It will be of interest to scholars and academics of family law and religion.

This book examines the paved road as a liminal space and legal frontier for enlivened, everyday struggles over property, power, and place/definition. This book explores paved medium of asphalt as a complex surface for legality that constitutively frames order against disorder involving jurisdiction tensions, property ownership, and cultural identities in vehicular environments. Will be of interest to students and scholars.

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