From Old Times to New Europe considers the post-totalitarian legal framework in today's Europe, arguing that the study of totalitarianism and post-totalitarianism continues to be significant as ever. Drawing mainly on the Polish experience, this analysis focuses on the significant part played by history in the development of the region's identity and preferences concerning the role of the state in public and private life. It examines the political, socio-economic and legal aspects of key events and draws comparisons with other CEE states, whilst implementing key socio-legal theories to explain trends and strains in this post-Communist and post-totalitarian period. With the benefit of access to archival sources in Poland and Russia, this book will be of interest to students and researchers of European law, law and society and international criminal justice.

Transcending the Boundaries of Law is a ground-breaking collection that will be central to future developments in feminist and related critical theories about law. In its pages three generations of feminist legal theorists engage with what have become key feminist themes, including equality, embodiment, identity, intimacy, and law and politics. Almost two decades ago Routledge published the very first anthology in feminist legal theory, At the Boundaries of Law (M.A. Fineman and N. Thomadsen, eds. 1991), which marked an important conceptual move away from the study of "women in law" prevalent in the 1970s and 1980s. The scholars in At the Boundaries applied feminist methods and theories in examining law and legal institutions, thus expanding upon work in the Law and Society tradition. This new anthology brings together some of the original contributors to that volume with scholars from subsequent generations of critical gender theorists. It provides a "retrospective" on the past twenty-five years of scholarly engagement with issues relating to gender and law, as well as suggesting directions for future inquiry, including the tantalizing suggestion that feminist legal theory should move beyond gender as its primary focus to consider the theoretical, political, and social implications of the universally shared and constant vulnerability inherent in the human condition.

`The Prevention Society' is a definition that can otherwise be summarized as: the information society, the risk society, the surveillance society or the insecure society. This book shows the connections and differences between these explanations, whilst providing a gender reading of the ways in which social control manifests itself through precautionary measures. Today's diffuse and pervasive prevention imperative symbolizes both a self-defining doctrine and the justification for a means of repression, segregation, and exclusion. From bodies to daily life and preventative war, Pervasive Prevention investigates the effects of this imperative for social control, its connection with neo-liberal hegemonic ideology, and the centrality in its dealings with women and the feminine.

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.

Offering a novel, transdisciplinary approach to environmental law, its principles, mechanics and context, as tested in its application to the urban environment, this book traces the conceptual and material absence of communication between the human and the natural and controversially includes such an absence within a system of law and a system of geography which effectively remain closed to environmental considerations. The book looks at Niklas Luhmann's theory of autopoiesis. Introducing the key concepts and operations, contextualizing them and opening them up to critical analysis. Indeed, in contrast to most discussions on autopoiesis, it proposes a radically different reading of the theory, in line with critical legal, political, sociological, urban and ecological theories, while drawing from writings by Husserl and Derrida, as well as Latour, Blanchot, Haraway, Agamben and Nancy. It explores a range of topics in the areas of environmental law and urban geography, including: environmental risk, environmental rights, the precautionary principle, intergenerational equity and urban waste discourses on community, nature, science and identity. The author redefines the traditional foundations of environmental law and urban geography and suggests a radical way of dealing with scientific ignorance, cultural differences and environmental degradation within the perceived need for legal delivery of certainty.

When a death is investigated by a coroner, what is the place of the family in that process? This accessibly written book draws together empirical, theoretical and historical perspectives to develop a rich, nuanced analysis of the contemporary inquest system in England and Wales. It investigates theories of kinship drawn from socio-legal research and analyses law, accountability and the legal process. Excerpts of conversations with coroners and officers offer real insights into how the role of family can be understood and who family is perceived to be, and how their participation fundamentally shapes the investigation into a death.

Obscenity, Psychoanalysis and Literature offers a fascinating psychoanalytic reading of four landmark obscenity trials involving the texts of D. H. Lawrence and James Joyce. By tracing the legal histories of Lawrence and Joyce, from censorship to their eventual redemption and transformation into champions of sexual freedom, the book draws a narrative of changing legal, literary and cultural investments. The book examines the four trials of these authors in detail to show how the literary text can function as a symbol of both life and death and the political uses of figuring them as such. Taking a psychoanalytic perspective, we can see how this narrative of sexual repression to sexual liberation may itself be an emergent form of the superego imperative to enjoy and consume. Through close readings of trial transcripts and archival documents, this book helps elucidate the fantasies operating throughout the trials: the unquestioned assumptions of the nature of sexuality, gender, drugs and truth. It demonstrates with clarity how, through its attempt to suppress the sexual, the law confronts its own nature as language and in doing so troubles the distinctions between law, literature and desire that it usually wishes to protect. Offering a uniquely psychoanalytic account of the obscenity trials of these authors, this text will be of great interest to scholars from across the fields of psychoanalysis, law and literature.

Issues of the Day provides an easy way for students, academics, journalists, policymakers, and the public to learn about a diverse range of policy issues affecting the environment, energy, transportation, and public health. Each commentary gives a short assessment of a topic, summarizing in a non-technical way the current state of analysis or evidence on the issue, along with selected recommendations for further reading. The essays are written by world renowned scholars, mostly economists, and provide useful insights on policy problems that are often complex and poorly understood. Some of the topics covered include air pollution, hazardous waste, voluntary environmental programs, domestic (U.S.) and global climate policy design, fishery management, water quality, endangered species, forest fires, oil security, solar power, road and airport, fuel taxes and fuel economy standards, alternative fuel vehicles, health and longevity, smoking, malaria, tuberculosis, and the environment and development. The objective is to disseminate the findings of sound, objective research on the costs, benefits, and appropriate reform of public policies. The book provides a useful supplement for undergraduate- and graduate-level course reading, a reference guide for professionals, and a way for the general reader to quickly develop an informed perspective on the most important policy problems of the day. Issues of the Day is available to download as a PDF from the Resources for the Future website: www.rff.org/weeklycommentary

How have national identities changed, developed and reacted in the wake of transition from communism to democracy in Central and Eastern Europe? Central and Eastern Europe After Transition defines and examines new autonomous differences adopted at the state and the supranational level in the post-transitional phase of the post-Communist area, and considers their impact on constitutions, democracy and legal culture. With representative contributions from older and newer EU members, the book provides a broad set of cultural points for reference. Its comparative and interdisciplinary approach includes a useful selection of bibliographical resources specifically devoted to the Central Eastern European countries' transitions.

It's often said, confirmed by survey data, that the American people are losing confidence in their government. But the problem may be the reverse--the government has lost confidence in the people. Increasingly the power to make decisions in our democracy has been shifted from Congress to the court system, forcing non-elected officials to make decisions which affect the lives of Americans. In a society which is based on the democratic elections of its officials, this is clearly backwards. Quirk maintains that what he calls "The Happy Convention," an informal and unwritten rearrangement of "passing the buck" of government powers, is done to avoid blame and approval ratings becoming lower for a particular person or party. For example, The Happy Convention assigns the power to declare and make war to the President. Congress and the Court play a supporting role--Congress, when requested, gives the President a blank check to use force--the Court throws out any challenges to the legality of the war. Everyone wins if the war avoids disaster. If it turns out badly, the President is held accountable. His ratings fall, reelection is out of the question, congressmen say he lied to them; his Party is likely to lose the next election. In this way, Quirk reminds us that The Happy Convention is not what the Founders intended for us. For democracy to work properly, the American people have to know what options they have. Courts and Congress argues the case for reestablishing the balance of powers between the courts, the Congress, and the Presidency.

Some of the most basic doctrines of property law are very old, many dating to the medieval era. How can legal rules that were born so long ago remain viable today? In Reappraisals in the Law of Property, author John V. Orth considers various topics in order to discover the forces that have been made and are continuing to remake these areas of the law. Orth proposes three forces in particular that have shaped the development of property law over time: the inertial force of tradition, the reforming power of judicial and legislative activism, and the constant challenge of academic criticism. Together, these themes form the foundation of a critical and challenging work, one that re-evaluates property law and demonstrates both its enduring consistency and the unique and often drastic ways in which it has evolved in the modern era.

Transcending the Boundaries of Law is a ground-breaking collection that will be central to future developments in feminist and related critical theories about law. In its pages three generations of feminist legal theorists engage with what have become key feminist themes, including equality, embodiment, identity, intimacy, and law and politics. Almost two decades ago Routledge published the very first anthology in feminist legal theory, At the Boundaries of Law (M.A. Fineman and N. Thomadsen, eds. 1991), which marked an important conceptual move away from the study of "women in law" prevalent in the 1970s and 1980s. The scholars in At the Boundaries applied feminist methods and theories in examining law and legal institutions, thus expanding upon work in the Law and Society tradition. This new anthology brings together some of the original contributors to that volume with scholars from subsequent generations of critical gender theorists. It provides a "retrospective" on the past twenty-five years of scholarly engagement with issues relating to gender and law, as well as suggesting directions for future inquiry, including the tantalizing suggestion that feminist legal theory should move beyond gender as its primary focus to consider the theoretical, political, and social implications of the universally shared and constant vulnerability inherent in the human condition.

This volume focuses on a highly challenging aspect of all European democracies, namely the issue of combining guarantees of judicial independence and mechanisms of judicial accountability. It does so by filling the gap in European scholarship between the two policy sectors of enlargement and judicial cooperation and by taking full stock of an interdisciplinary literature, spanning from comparative politics, socio-legal studies and European studies. Judicial Accountabilities in New Europe presents an insightful account of the judicial reforms adopted by new member States to embed the principle of the rule of law in their democratic institutions, along with the guidelines of quality of justice promoted by European institutions in all member States.

In the wake of Guantanamo Bay, extraordinary renditions, and secret torture centres in Eastern Europe and elsewhere, Revenge versus Legality addresses the relationship between law and wild or vigilante justice; between the power to enforce retribution and the desire to seek revenge. Taking up a variety of narratives from the eras of Romanticism, Realism, Modernism and the Contemporary period, and including new theories to explain the interactions that occur between legalistic courtroom justice and the vigilante variety, Revenge versus Legality analyzes some of the main obstacles to justice, ranging from judicial corruption, to racism and imperialism. The book culminates in a consideration of that form of crime or lawlessness that poses the most serious threat to the rule of law: vigilante justice masquerading as legality. With its mixture of politics, literature, law, and film, this lively and accessible book offers a timely reflection on the enduring phenomenon of revenge.

Writing about the Holocaust and writing for young readers evoke two quite separate sets of concerns which are not always mutually compatible. The first half of "Representing the Holocaust" focuses on how literary material can present historically verifiable material. The second half examines how such materials will be perceived by young readers; whether they will be able to determine any boundaries between fictionality and factuality, and what motivates young readers to keep reading. The work concludes by placing the study in the context of Holocaust education.

Law in the Pursuit of Development critically explores the relationships between contemporary principles and practice in law and development. Including papers by internationally renowned, as well as emerging, scholars and practitioners, the book is organized around the three liberal principles which underlie current efforts to direct law towards the pursuit of development. First, that the private sector has an important role to play in promoting the public interest; second, that widespread participation and accountability are essential to any large scale enterprise; and third, that the rule of law is a fundamental building block of development.

This insightful and provocative collection, in which contributors critique both the principles and efforts to implement them in practice, will be of considerable interest to students, academics and practitioners with an interest in the fields of law and development, international economic law, and law and globalization.

This work examines ideas about the role of law and legal reform in the creation of market economies, focusing on the process of post communist transition in Russia. Processes of transition in Russia were guided by a set of very specific neoliberal ideas about the nature of markets and capitalism, about the role of law and the primacy of the economic over the legal and political. These ideas however have come under fire as a result of the Russian experience of transition and the serious problems encountered by reforms. This led to a revision of the original neoliberal ideas, not least concerning the role of law and its relationship to the economic and the political. The result has been the emergence of a much more complex body of ideas about the role law plays in economic transformation.

This book aims to close a gap in the literature on post communist transition by offering a theoretical interpretation of Russia's experience which makes transition reform models comparable to development reform models. Focusing on the role of law and the relationship of economic priorities to law reform, this work offers a critical evaluation of currently dominant theories of economic and legal reform put to use in varied transition and development scenarios. In looking at the ideas which directed and animated reform in Russia, an enquiry is thus made into the wider relationship between democracy, regulation and the market in contemporary capitalism.

Neoliberalism and the Law in Post Communist Transition will equip scholars and students of development studies, law, political economy and international economics with a critical guide to transition focused on the often neglected legal aspect of the reforms.

In the contemporary fascination with images of crime, violence gets under our skin and keeps us enthralled. The Scene of Violence explores the spectator's encounter with the cinematic scene of violence - rape and revenge, homicide and serial killing, torture and terrorism. Providing a detailed reading of both classical and contemporary films - for example, Kill Bill, Blue Velvet, Reservoir Dogs, The Matrix, Psycho, The Accused, Elephant, Seven, Thelma & Louise, United 93, Zodiac, and No Country for Old Men - Alison Young returns the affective processes of the cinematic image to the study of law, crime and violence. Engaging with legal theory, cultural criminology and film studies, the book unfolds both our attachment to the authority of law and our identification with the illicit. Its original contribution is to bring together the cultural fascination of crime with a nuanced account of what it means to watch cinema. The Scene of Violence shows how the spectator is bound by the laws of film to the judgment of the crime-image.

In recent years, legal studies courses have increased the focus on contemporary social issues as part of the curriculum. Law and Society: An Introduction discusses the interface between these two institutions and encourages students in the development of new insights on the topic. The book begins by introducing definitions, classifications, and the concept of the "rule of law." It then explores: Principal legal systems, including common law, civil law, Islamic and socialist systems, and American Indian law Feminist legal theories, critical race theory, and the roles of morality and values in social control The contributions of sociological research and its impact on the law Court systems and procedures, the exclusionary rule, and plea bargaining The nature and process of legislative, administrative, and judicial lawmaking Alternative dispute resolution and international arbitration and mediation The law as a mechanism for social changes, such as those brought on by the 1964 Civil Rights Act Issues related to the legal profession and professional responsibility This text eliminates the need for a separate reader by also discussing controversial legal topics-including affirmative action, education, the death penalty, right to work laws, and abortion. Each chapter builds on the previous ones and includes concrete examples of the issues involved. Enhanced by chapter summaries of salient points, review questions, and practical exercises, the book is designed to encourage students in the development of new insights into the relationships between law and society.

This book uses film and television as a resource for addressing the social and legal ills of the city. It presents a range of approaches to view the ill city through cinematic and televisual characterization in urban frameworks, political contexts, and cultural settings. Each chapter deconstructs the meaning of urban space as public space while critically generating a focus on order and justice, exploring issues such as state disorder, lawlessness, and revenge. The approach presents a careful balance between theory and application. The original and novel ideas presented in this book will be essential reading for those interested in the presentation of law and place in cultural texts such as film.

This current and timely volume presents new thinking and new directions in feminist legal scholarship. Rethinking key concepts in legal feminism, Cowan and Hunter provide a unique examination of key socio-legal concepts in law, jurisprudence and legal and political theory. Written by an international cast of contributors, offering different cultural perspectives as well as doctrinal and theoretical knowledge, this collection of essays presents a dialogue between different feminist positions and approaches to a common theme. It addresses a range of questions, including: Can 'consent' be rethought and infused with different meanings in a post-liberal feminist politics? Can the concepts of 'choice' and 'consent' have consistent meanings and functions between different areas of law, or whether they prove to be highly contingent when viewed across the broad field of law. Exploring the deeply gendered concepts of 'choice' and 'consent' and examining the philosophical and jurisprudential issues surrounding them as well as how 'choice' and 'consent' operate in particular areas of law, including criminal law, medical law, constitutional law, employment law, family law and civil procedure, this volume is a key resource for postgraduate law students studying jurisprudence.

An original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of 'procedural' constitutionalism. Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial 'identification' of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a 'mythology' of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that are to be found within any society; but must always, also, maintain the integrity and autonomy of the law itself. European judges and lawyers, having been denied recourse to all forms of constitutional mythology, provide us with an alternative model of constitutionalism; one that does not require a founding myth of constitutional settlement, and one which both secures the autonomy of law, as well as ensures dialogue between law and society. This occurs, however, not through grand theories of 'constitutional adjudication' but, as The Making of a European Constitution documents, rather through a practical process.

The first book of its kind dedicated to an assessment of the legality of boxing, The Legality of Boxing: A Punch Drunk Love? assesses the legal response to prize fighting and undertakes a current analysis of the status of boxing in both criminal legal theory and practice. In this book, Anderson exposes boxing's 'exemption' from contemporary legal and social norms. Reviewing all aspects of boxing - historical, legal, moral, ethical, philosophical, medical, racial and regulatory - he concludes that the supposition that boxing has a (consensual) immunity from the ordinary law of violence, based primarily on its social utility as a recognised sport, is not as robust as is usually assumed. It: suggests that the sport is extremely vulnerable to prosecution and might in fact already be illegal under English criminal law outlines the physical and financial exploitation suffered by individual boxers both inside and outside the ring, suggesting that standard boxing contracts are coercive thus illegal and that boxers do not give adequate levels of informed consent to participate advocates a number of fundamental reforms, including possibly that the sport will have to consider banning blows to the head proposes the creation of a national boxing commission in the US and a similar entity in the United Kingdom, which together would attempt to restore the credibility of a sport long know as the red-light district of sports administration. An excellent book, it is a must read for all those studying sports law, popular culture and the law and jurisprudence.

In recent years we have witnessed a rising tension between the open architecture of the Internet and legal restrictions for online activities. The impact of digital recording technologies and distributed file sharing systems has forever changed the expectations of everyday users with regard to digital information. At the same time, however, U.S. Copyright Law has shown a decided trend toward more restrictions over what we are able to do with digital materials. As a result, a gap has emerged between the reality of copyright law and the social reality of our everyday activities. Through an analysis of the competing rhetorical frameworks about copyright regulation in a digital age, this book shows how the stories told by active parties in the debate shape our cultural understanding of what is and is not acceptable in the use of copyrighted works on digital networks. Reyman posits recent legal developments as sites of conflict between competing value systems in our culture: one of control, relying heavily on comparisons of intellectual property to physical property, and emphasizing ownership, theft, and piracy, and the other a value of community, implementing new concepts such as that of an intellectual "commons," and emphasizing exchange, collaboration, and responsibility to a public good. Reyman argues that the rhetoric of the digital copyright debate, namely the rhetorical positioning of technology as destructive to creative and intellectual production, has profound implications for the future of digital culture.

This book investigates the multifaceted conflicts of sovereignty in the recent crises in the European Union. Although the notion of sovereignty has been central in the contentious debates triggered by the recent crises in the European Union, it remains strikingly under-researched in political science. This book bridges this gap by providing both theoretical reflections and empirical analyses of today's conflicts of sovereignty in the EU. More particularly, it investigates conflicts between four types of sovereignty. First, national sovereignty referring to the autonomy of the Westphalian Nation-State to rule on a territory delimited by borders; second, the supranational sovereignty acquired by the EU in a fragmentary fashion in a number of scattered internal and external policy fields; third, parliamentary sovereignty understood as the autonomy of parliaments (at the regional, national and European levels) to take part in the decision making process and control the executive in the name of the principles of election and representation; fourth, popular sovereignty whereby the body politic confers legitimacy to decision makers in a democratic system. Through an analysis of the various crises (rule of law, Brexit, migration, Eurozone crisis), the chapters look at how sovereignty is framed and contested by different types of actors, and how the strengthening or the weakening of certain types of sovereignty contribute to shape preferences regarding policies and governance structures in the multi-level EU. The chapters in this book were originally published as a special issue of the Journal of European Integration.