This book examines the history of the legal discourse around political falsehood and its future in the wake of the 2012 US Supreme Court decision in US v. Alvarez through communication law, political philosophy, and communication theory perspectives. As US v. Alvarez confirmed First Amendment protection for lies, Robert N. Spicer addresses how the ramifications of that decision function by looking at statutory and judicial handling of First Amendment protection for political deception. Illustrating how commercial speech is regulated but political speech is not, Spicer evaluates the role of deception in politics and its consequences for democracy in a contemporary political environment where political personalities, partisan media, and dark money donors bend the truth and abuse the virtue of free expression.

This is a timely new edition of Sharyn L Roach Anleu's invaluable introduction to the sociology of law and its role as a social institution and social process. Discussing current theory and key empirical research from a diverse range of perspectives Law and Social Change gives relevant examples, from various cultures and societies, to provide a sociological view which goes beyond more jurisprudential approaches to law and society. The book: * provides coverage of major classic and contemporary social theories of law * is informed by empirical research drawn from several countries/societies * includes up to date and relevant examples This thoroughly updated edition engages with modern scholarship, and recent research, on globalization whilst also looking at related issues such as the internationalization of law and human rights. It explores recent reforms at local and national levels, including issues of migration and refugees, the regulation of 'anti-social' behaviour, and specialist or problem solving courts and also provides a clear, accessible introduction to research methods used in the socio-legal field. Direct and wide-ranging this text will be essential reading for students and researchers on social science and law courses and in particular, those taking sociology, legal theory, criminology and criminal justice studies.

What can law's popular cultures do for law, as a constitutive and interrogative critical practice? This collection explores such a question through the lens of the 'cultural legal studies' movement, which proffers a new encounter with the 'cultural turn' in law and legal theory. Moving beyond the 'law ands' (literature, humanities, culture, film, visual and aesthetics) on which it is based, this book demonstrates how the techniques and practices of cultural legal studies can be used to metamorphose law and the legalities that underpin its popular imaginary. By drawing on three different modes of cultural legal studies - storytelling, technology and jurisprudence - the collection showcases the intersectional practices of cultural legal studies, and law in its popular cultural mode. The contributors to the collection deploy differentiated modes of cultural legal studies practice, adopting diverse philosophical, disciplinary, methodological and theoretical approaches and subjects of examination. The collection draws on this mix of diversity and homogeneity to thread together its overarching theme: that we must take seriously an interrogation of law as culture and in its cultural form. That is, it does not ask how a text 'represents' law; but rather how the representational nature of both law and culture intersect so that the 'juridical' become visible in various cultural manifestations. In short, it asks: how law's popular cultures actively effect the metamorphosis of law.

Online auctions have undergone many transformations and continue to attract millions of customers worldwide. However these popular platforms remain understudied by legal scholars and misunderstood by legislators. This book explores the legal classification of online auction sites across a range of countries in Europe. Including empirical studies conducted on 28 online auction websites in the UK, the research focusses on the protection of consumers' economic rights and highlights the shortcomings that the law struggles to control. With examinations into important developments, including the Consumer Rights Directive and the latest case law from the CJEU on the liability of intermediaries, Riefa anticipates changes in the law, and points out further changes that are needed to create a safe legal environment for consumers, whilst preserving the varied business model adopted by online auction sites. The study provides insights into how technical measures as well as a tighter legislative framework or enforcement pattern could provide consumers with better protection, in turn reinforcing trust, and ultimately benefiting the online auction platforms themselves.

Challenging the usual introductions to the study of law, A Critical Introduction to Law argues that law is inherently political and reflects the interests of the few even while presenting itself as neutral. This fully revised and updated fourth edition provides contemporary examples to demonstrate the relevance of these arguments in the twenty-first century. The book includes an analysis of the common sense of law; the use of anthropological examples to gain external perspectives of our use and understanding of law; a consideration of central legal concepts, such as order, rules, property, dispute resolution, legitimation and the rule of law; an examination of the role of law in women's subordination and finally a critique of the effect of our understanding of law upon the wider world. Clearly written and admirably suited to provoking discussions on the role of law in our contemporary world, this book is ideal for undergraduate and postgraduate students reading law, and will be of interest to those studying legal systems and skills courses, jurisprudence courses, and law and society.

In recent years, there have been a number of concerns about the recognition of religious laws and the existence of religious courts and tribunals. There has also been the growing literature on legal pluralism which seeks to understand how more than one legal system can and should exist within one social space. However, whilst a number of important theoretical works concerning legal pluralism in the context of cultural rights have been published, little has been published specifically on religion. Religion and Legal Pluralism explores the extent to which religious laws are already recognised by the state and the extent to which religious legal systems, such as Sharia law, should be accommodated.

Commentators have shown how a 'culture of security' ushered in after the terrorist attacks of 11 September 2001 has involved exceptional legal measures and increased recourse to secrecy on the basis of protecting public safety and safeguarding national security. In this context, scholars have largely been preoccupied with the ways that increased security impinges upon civil liberties. While secrecy is justified on public interest grounds, there remains a tension between the need for secrecy and calls for openness, transparency and disclosure. In law, secrecy has implications for the separation of powers, due process, and the rule of law, raising fundamental concerns about open justice, procedural fairness and human rights. Beyond the counterterrorism and legal context, scholarly interest in secrecy has been concerned with the credibility of public and private institutions, as well as the legacies of secrecy across a range of institutional and cultural settings. By exploring the intersections between secrecy, law and society, this volume is a timely and critical intervention in secrecy debates traversing various fields of legal and social inquiry. It will be a useful resource for academic researchers, university teachers and students, as well as law practitioners and policymakers interested in the legal and socio-legal dimensions of secrecy.

This collection brings together a group of highly respected law and religion scholars to explore the funding of religious heritage in the context of state support for religions. The importance of this state support is that on the one hand it illustrates the potential tensions between secular and religious values, whilst on the other it constitutes a relevant tool for investigating the question of the legitimacy of such financial support. The funding logically varies according to the national system of state-religion relationships and this is reflected in the range of countries studied, including: Belgium, Bulgaria, Denmark, France, Italy, The Netherlands, Spain, Turkey, and the United Kingdom. The book provides clarity in the assignment of funds to religious heritage, as well as seeking to define the limit of what relates to the exercise of worship and what belongs to cultural policy. It is clear that the main challenge for the future lies not only in managing the dual purpose of religious monuments, but also in re-using these buildings which have lost their original purpose. This collection will appeal to those interested in cultural heritage management, as well as law and religion scholars. The views expressed during the execution of the RELIGARE project, in whatever form and or by whatever medium, are the sole responsibility of the authors. The European Union is not liable for any use that may be made of the information contained therein.

This volume offers a critical analysis and illustration of the challenges and promises of 'stateless' law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the 'transnational challenge' posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.

Society is obsessed with categorising and treating individuals and groups according to their physical and non-physical differences, such as sex, gender, disability and race. This treatment can lead to the inclusion or exclusion of an individual from the tangible and intangible benefits of society. Where this practice becomes discriminatory, legal frameworks can protect human rights and ensure that people are treated with due respect for their similarities and differences. In a sporting context, the inclusion and exclusion of athletes based upon their differences is often a necessary part of the essence of competitive sporting activity, arranged around rules and categories that can have an unequal exclusionary impact on certain classes of individual. Dominant sporting cultures can also have exclusionary effects. This important and innovative book seeks to investigate the socio-legal and regulatory balance between inclusion and exclusion in competitive sport. It critically analyses a range of legal and non-legal cases concerning sport-specific inclusion and exclusion in the areas of sex, gender, disability and race, including those cases involving Oscar Pistorius, Caster Semenya and Luis Suarez, to identify the extent to which the law and sport adopt a justifiable and legitimate inclusive or exclusive approach to participation. The book explores national and international regulatory frameworks, identifying deficiencies and good practice, and concludes with recommendations for regulatory reform. Inclusion and Exclusion in Competitive Sport is important reading for anybody with an interest in the relationship between sport and wider society, sports development, sport management, sports law, or socio-legal studies.

Establishing the medium of graphic fiction as a critical resource for interdisciplinary legal studies, this collection is the first to address the intersection of comics and law. Graphic fiction has gained enormous cultural capital and academic interest over recent years. Comics-inspired films fill our cinemas and superhero merchandise fills the shelves of supermarkets. In short, our culture is suffused with a comic-book aesthetic: as, for example, the Occupy movement appropriates the mask of V, from the comic work "V for Vendetta"; and, tragically, as James Holmes s murderous rampage through a Colorado movie theatre, seemingly sees him styling himself after Batman s arch-nemesis, the Joker. From mass entertainment and consumerism to political activism and violence, we are surrounded by emanations of graphic storytelling. Meanwhile, the rise of academic disciplines such as comics studies demonstrates that the medium contains much more depth than the common assumption of its simplicity and juvenility might suggest." "Against this background, comics offer an important resource for making sense of the contemporary place and role of law. Whether in their representations of lawyers and the legal system, their dystopian imaginations, their treatment of issues of justice and social order, or in their superheroic investment in the protection of the innocent and the punishment or capture of those who would harm them, like other narrative forms literature, film, theatre graphic fiction explores and expresses human life in all its social, moral and legal complexity. In the context of a now well established interest in cultural legal studies, this book showcases the critical potential of comics and graphic fiction as a resource for interdisciplinary legal studies and legal theory. "

Family Law provides a comprehensive foundation in the key topics covered by courses. It explains the basic principles of the law and practice in their social, economic and historic context, enabling the reader to understand the doctrinal and practical impact of current radical changes in family law in response to cultural and other influences. This second edition has been fully updated in the light of on-going changes to the family justice system including: the modernisation of family justice including the new Family Court Atypical formation of the contemporary family: genetic, adoptive, social or through HAR the proposed administrative extra-judicial divorce process financial orders on married and unmarried family relationship breakdown enhanced parental responsibility, 'Parental Agreements' and 'Child Arrangement Orders' the treatment of post separation parenting (and the new DWP child support system) reforms to public child law, including changes to adoption same-sex marriage and the impact on traditional marriage and cohabitation Visit the companion website for practice questions, updates to the law and podcasts by the author at http://www.routledge.com/cw/burton-9780415583640

This impressive collection of original essays explores the relationship between social conflict and the environment - a topic that has received little attention within criminology. The chapters provide a systematic and comprehensive introduction and overview of conflict situations stemming from human exploitation of environments, as well as the impact of social conflicts on the wellbeing and health of specific species and ecosystems. Largely informed by green criminology perspectives, the chapters in the book are intended to stimulate new understandings of the relationships between humans and nature through critical evaluation of environmental destruction and degradation associated with social conflicts occurring around the world. With a goal of creating a typology of environment-social conflict relationships useful for green criminological research, this study is essential reading for scholars and academics in criminology, as well as those interested in crime, law and justice.

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.

Shaping the Normative Landscape is an investigation of the value of obligations and of rights, of forgiveness, of consent and refusal, of promise and request. David Owens shows that these are all instruments by which we exercise control over our normative environment. Philosophers from Hume to Scanlon have supposed that when we make promises and give our consent, our real interest is in controlling (or being able to anticipate) what people will actually do and that our interest in rights and obligations is a by-product of this more fundamental interest. In fact, we value for its own sake the ability to decide who is obliged to do what, to determine when blame is appropriate, to settle whether an act wrongs us. Owens explores how we control the rights and obligations of ourselves and of those around us. We do so by making friends and thereby creating the rights and obligations of friendship. We do so by making promises and so binding ourselves to perform. We do so by consenting to medical treatment and thereby giving the doctor the right to go ahead. The normative character of our world matters to us on its own account. To make sense of promise, consent, friendship and other related phenomena we must acknowledge that normative interests are amongst our fundamental interests. We must also rethink the psychology of agency and the nature of social convention.

This second edition of Construction Law: From Beginner to Practitioner provides a thorough and comprehensive guide to construction law by blending together black letter law and socio-legal approaches. This mixed methodology makes an ideal introduction to the subject for those studying to enter the Architecture, Engineering and Construction (AEC) Industry in a professional capacity. Designed to equip the student with all they need to know about construction law, the topics covered include: * the fundamentals of law and the English legal system; * contract, business, tort and property law; * procurement, subcontracting and partnering; * claims, damages, losses and expenses; * dispute resolution including mediation, arbitration, litigation and adjudication. The books suitability for study is enhanced by its logical structure, chapter summaries and further reading lists whilst the role of law in achieving a more collaborative and less confrontational AEC industry is examined in detail. Fully updated throughout, this new edition includes coverage of post-Grenfell legislation; increased coverage of modern methods of construction and continuously evolving technologies such as BIM and digital twins; NEC4 and the latest JCT contract suite and the Construction Playbook. This book is useful not only for understanding the basics, but also as a reference that practitioners will use time and again.

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.

This collection brings together legal scholars, canonists and political scientists to focus on the issue of public funding in support of religious activities and institutions in Europe. The study begins by revolving around the various mechanisms put in place by the domestic legal systems, as well as those resulting from the European law of human rights and the law of the European Union. It then goes on to look at state support and particular religious groups. The presentation of European and national law is supplemented by theoretical and interdisciplinary contributions, with the main focus being to bring into discussion and map the relationship between the funding of religions and the economy and to infer from it an attempt at a systematic examination or theorization of such funding. This collection is essential reading for those studying Law and Religion, with particular focus on the countries of the UK, France, Belgium, Germany, Italy, The Netherlands, Spain and Turkey. The views expressed during the execution of the RELIGARE project, in whatever form and or by whatever medium, are the sole responsibility of the authors. The European Union is not liable for any use that may be made of the information contained therein.

Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world's legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.

This book develops a new framework for analyzing the spatio-temporal workings of law and other forms of governance. Chronotopes of Law argues that studies of law and governance can be reinvigorated by drawing on a bundle of quite heterogenous analytical tools that do not have a single provenance or a single political or normative aim but that work well in combination. Analyses of legal temporality carried out by anthropologists and studies of law and space undertaken by geographers and legal scholars have proliferated in recent years, but these research traditions have remained largely separate. By adapting notions such as intertextuality, dialogism, and the 'chronotope' from Mikhail Bakhtin, notions designed specifically to synthesize considerations of space and time in a framework that is open-ended, interactive and dynamic, Mariana Valverde develops an anti-metaphysical theory and method for legal studies. This approach will be useful both to theorists and to researchers seeking to illuminate the actual workings of law and other forms of governance. Indeed, a key aim of the book is to break down the institutional and disciplinary barriers that prevent theorists from learning from empirical studies and viceversa. Written by one of the foremost sociolegal scholars writing today, this theoretically innovative work constitutes a major contribution to contemporary studies in law and society.

This book develops a new framework for analyzing the spatio-temporal workings of law and other forms of governance. Chronotopes of Law argues that studies of law and governance can be reinvigorated by drawing on a bundle of quite heterogenous analytical tools that do not have a single provenance or a single political or normative aim but that work well in combination. Analyses of legal temporality carried out by anthropologists and studies of law and space undertaken by geographers and legal scholars have proliferated in recent years, but these research traditions have remained largely separate. By adapting notions such as intertextuality, dialogism, and the 'chronotope' from Mikhail Bakhtin, notions designed specifically to synthesize considerations of space and time in a framework that is open-ended, interactive and dynamic, Mariana Valverde develops an anti-metaphysical theory and method for legal studies. This approach will be useful both to theorists and to researchers seeking to illuminate the actual workings of law and other forms of governance. Indeed, a key aim of the book is to break down the institutional and disciplinary barriers that prevent theorists from learning from empirical studies and viceversa. Written by one of the foremost sociolegal scholars writing today, this theoretically innovative work constitutes a major contribution to contemporary studies in law and society.

Analysing both fraud and religion as social constructs with different functions and meanings attributed to them, this book raises issues that are central to debates about the limits of religious toleration in diverse societies, and the possible harm (as well as benefits) that religious organisations can visit upon society and individuals. There has already been a lively debate concerning the structural context in which abuse, especially sexual abuse, can be perpetrated within religion. Contributors to the volume proceed from the premise that similar arguments about ways in which structure and power may be conducive to abuse can be made about fraud and deception. Both can contribute to abuse, yet they are often less easily demonstrated and proven, hence less easily prosecuted. With a focus on minority religions, the book offers a comparative overview of the concept of religious fraud by bringing together analyses of different types of fraud or deception (financial, bio-medical, emotional, breach of trust and consent). Contributors examine whether fraud is necessarily intentional (or whether that is in the eye of the beholder); certain structures may be more conducive to fraud; followers willingly participate in it. The volume includes some chapters focused on non-Western beliefs (Juju, Occult Economies, Dharma Lineage), which have travelled to the West and can be found in North American and European metropolitan areas.

The Court's decisions are interpreted and disseminated via the media. During this process, the media paints an image of the Court and its business. Like any artist, the media has license regarding what to cover and the amount of attention devoted to any aspect of the Court and its business. Some cases receive tremendous attention, while others languish on the back pages or are ignored. These selection effects create a skewed picture of the Court and its work, and might affect public attitudes toward the Court. Indeed, studies of media coverage of other governmental institutions reveal that when, and how, their policy decisions are covered has implications for the public's understanding of, compliance with, support for, and cynicism about the policy. This book uncovers and describes this coverage and compares it to the confirmation hearings, the Court's actual work, even its members. Rorie Spill Solberg and Eric N. Waltenburg analyze media coverage of nominations and confirmation hearings, the justices' "extra-curricular" activities and their retirements/deaths, and the Court's opinions, and compare this coverage to analyses of confirmation transcripts and the Court's full docket. Solberg and Waltenburg contend that media now cover the Court and its personnel more similarly to its coverage of other political institutions. Journalists still regurgitate a mythology supported by the justices, a "cult of the robe," wherein unbiased and apolitical judges mechanically base their decisions upon the law and the Constitution. Furthermore, they argue the media also focus on the "cult of personality," wherein the media emphasize certain attributes of the justices and their work to match the public's preferences for subject matter and content. The media's portrayal, then, may undercut the Court's legitimacy and its reservoir of good will.

Law and society scholars challenge the common belief that law is simply a neutral tool by which society sets standards and resolves disputes. Decades of research shows how much the nature of communities, organizations, and the people inhabiting them affect how law works. Just as much, law shapes beliefs, behaviors, and wider social structures, but the connections are much more nuanced--and surprising--than many expect.Law and Society Reader II provides readers an accessible overview to the breadth of recent developments in this research tradition, bringing to life the developments in this dynamic field. Following up a first Law and Society Reader published in 1995, editors Erik W. Larson and Patrick D. Schmidt have compiled excerpts of 43 illuminating articles published since 1993 in The Law & Society Review, the flagship journal of the Law and Society Association.By its organization and approach, this volume enables readers to join in discussing the key ideas of law and society research. The selections highlight the core insights and developments in this research tradition, making these works indispensable for those exploring the field and ideal for classroom use. Across six concisely-introduced sections, this volume analyzes inequality, lawyering, the relation between law and organizations, and the place of law in relation to other social institutions.

The relationship between environmentally sustainable development and company law and related areas of business law and policy has emerged in recent years as a matter of major concern for many scholars, policy-makers, businesses and nongovernmental organisations. This book combines a conceptual analysis of the principles of sustainable development and environmental integration in the EU legal system with a particular focus on Article 11 TFEU and its impact on business in the EU. Article 11 TFEU states that European Union policies and activities must integrate environmental protection requirements with an emphasis on promoting sustainable development and the book investigates the role played by Article 11 TFEU in specific areas of EU law affecting European businesses.

The book gives an overview of the role played by the environmental integration principle in EU law, both at the level of European legislation and at the level of Member State practice. It explores a number of issues related to the role played by Article 11 TFEU in the EU legal system, including its history, its function in the Treaties and its significance for EU institutions and Member States. Contributors to the volume identify and analyse the main legal issues related to the importance of Article 11 TFEU in various policy areas of EU law affecting European businesses, such as company law, insurance and state aid. In drawing together these strands the book sets out what the requirement of environmental integration means for the regulation of business in the EU.