Drawing upon theories of critical legal pluralism and psychological theories of narrative identity, this book argues for an understanding of popular culture as legal authority, unmediated by translation into state law. In narrating our identities, we draw upon collective cultural narratives, and our narrative/nomos obligational selves become the nexus for law and popular culture as mutually constitutive discourse. The author demonstrates the efficacy and desirability of applying a pluralist legal analysis to examine a much broader scope of subject matter than is possible through the restricted perspective of state law alone. The study considers whether presumptively illegal acts might actually be instances of a re-imagined, alternative legality, and the concomitant implications. As an illustrative example, works of critical dystopia and the beliefs and behaviours of eco/animal-terrorists can be understood as shared narrative and normative commitments that constitute law just as fully as does the state when it legislates and adjudicates. This book will be of great interest to academics and scholars of law and popular culture, as well as those involved in interdisciplinary work in legal pluralism.

This volume examines the evolution of reproductive law in Italy from the 'far west' of the 1980s and 90s through to one of the most potentially restrictive systems in Europe. The book employs an array of sociological, philosophical and legal material in order to discover why such a repressive piece of legislation has been produced at the end of a period of substantial change in the dynamic of gender relations in Italy. The book also discusses Italian policy within the wider European policy framework.

First published in 1998, this book is an exposition of the law of defamation as it applies in those countries (excluding South Africa). It discusses or refers to hundreds of cases from those jurisdictions, as well as many important precedents from England, analysing the law and discussing how far the courts have developed their own approaches to the law, and to what extent the law reflects the values of traditional society and customary law. It thus shows how the law is being used in a field which is both intensely political and reflects important social interests. Though directed mainly at legal practitioners, teachers and students, therefore, it would be of interest to the media - the defendants in the overwhelming majority of the cases-and to scholars in the social sciences.

Volume 19 of The Jewish Law Annual is a festschrift in honor of Professor Neil S. Hecht. It contains thirteen articles, ten in English and three in Hebrew. Several articles are jurisprudential in nature, focusing on analysis of halakhic institutions and concepts. Elisha Ancselovits discusses the concept of the prosbul, asking whether it is correct to construe it as a legal fiction, as several scholars have asserted. He takes issue with this characterization of the prosbul, and with other scholarly readings of Tannaitic law in general. The concepts of dignity and shame are addressed in two very different articles, one by Nahum Rakover, and the other by Hanina Ben-Menahem. The former discusses halakhic sources pertaining to the dignity inherent in human existence, and the importance of nurturing it. The latter presents a fascinating survey of actual legal practices that contravened this haklakhic norm. Attestations of these practices are adduced not only from halakhic and semi-halakhic documents, but also from literary, historical, and ethnographic sources. Three articles tackle topical issues of considerable contemporary interest. Bernard S. Jackson comments on legal issues relating to the concept of conversion arising from the story of the biblical heroine Ruth, and compares that concept to the notion of conversion invoked by a recent English court decision on eligibility for admission to denominational schools. An article by Dov I. Frimer explores the much agonized-over question of halakhic remedies for the wife whose husband refuses to grant her a get (bill of divorce), precluding her remarriage. Frimer's focus is the feasibility of inducing the husband to grant the get through monetary pressure, specifically, by awarding the chained wife compensatory tort damages. Tort remedies are also discussed in the third topical article, by Ronnie Warburg, on negligent misrepresentation by investment advisors. Two papers focus on theory of law. Shai Wozner explores the decision rules-conduct rules dichotomy in the Jewish law context, clarifying how analysis of which category a given law falls under enhances our understanding of the law's intent. Daniel Sinclair explores the doctrine of normative transparency in the writings of Maimonides, the Hatam Sofer, and R. Abraham Isaac Kook, demonstrating that although transparency was universally endorsed as an ideal, some rabbinical authorities were willing to forego transparency where maintenance of the halakhic system itself was imperiled. An article by Alfredo M. Rabello reviews the primary and secondary literature on end-of-life issues, and contextualizes the much-discussed talmudic passage bAvoda Zara 18a. And an article by Chaim Saiman offers a critical survey of the main approaches to conceptualizing and teaching Jewish law in American universities; it also makes suggestions for new, and perhaps more illuminating pedagogic direction. In the Hebrew section, an intriguing article by Berachyahu Lifshitz presents a comparison of Persian and talmudic law on the status of promises and the role of the divine in their enforcement. Yuval Sinai discusses the halakhic law of evidence, particularly the well-known "two witnesses" requirement and departures from it. The volume closes with a historical article by Elimelech Westreich on the official rabbinical court in nineteenth century Jerusalem. It focuses on the rabbinical figures who served on the court, the communities for whom it adjudicated, and its role in the broader geopolitical and sociocultural context.

First published in 1997, this book discusses the interplaying factors environmental issues have on justice and property and other social problems. Endeavouring create a discourse on what sustainability means in implementation, each of the contributors to this book approaches this via different theoretical viewpoints.

Almost two decades ago, the fall of the Santer Commission against a background of allegations of maladministration and nepotism had the effect of placing accountability on the political agenda of the EU institutions. More recently, the non-ratification of the Constitutional Treaty, the difficulties of the ratification of the Lisbon Treaty and the current financial crisis have increased the calls for accountability in the EU. This book investigates whether any progress towards more accountability and transparency has been made in the post-Lisbon era by taking a holistic approach to the subject. Marios Costa argues that currently the EU institutions and the Member States are not in a position to hold the so-called independent agencies as well as the various committees and expert groups accountable. Despite recent progress, the EU still needs to put forward an acceptable constitutional framework which will truly secure accountability at the EU level of 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.

In Scandinavian countries immigration is a sensitive issue and legislators' approach to the questions it has raised has varied over the years. Whatever immigrant and integration policies are adopted in a democratic society, it is clear that the legislation and the authorities have to ensure that the individual rights of the immigrants residing in its territory are respected. With Canada as a point of reference, this book draws attention to weaknesses in the regulation and implementation of integration provisions threatening the immigrants' individual rights in the EU member states of Denmark, Finland and Sweden. The study challenges readers to critically review the meaning of rights and the notion of global caring. It takes a critical look at how vulnerable immigrants fare in a largely immigrant nation with a welfare capitalism legacy, when compared to three European nations which claim to embrace institutional welfare models. This book will be of great interest to scholars and decision-makers interested in Scandinavian or Canadian immigration and integration policies.

First Published in 1987. Routledge is an imprint of Taylor & Francis, an informa company.

This book offers the best and most influential writings of Richard Delgado, one of the founding figures of the critical race theory movement and one of the earliest scholars to address the harms of hate speech. With excerpts from his classic law review articles, conversations with his famous alter ego Rodrigo Crenshaw, and comments on the vicissitudes of academic life, this book spans topics such as hate speech, affirmative action, the war on terror, the endangered status of black men, and the place of Latino/as in the civil rights equation.

This interdisciplinary and cross-national volume brings together theory and research by prominent scholars within the areas of distributive and procedural justice, not only featuring work within each area separately, as is commonly done, but also showing how combinations of the two justice orientations might operate to affect justice judgments and guide behaviour. Chapters cover various levels of analysis, from intra-personal to interpersonal to group and societal levels. The volume is divided into four sections: distributive justice, procedural justice, distributive and procedural justice, and methodological issues. Each section is subdivided into two parts, basic research and applied research re: current and important societal issues. Each chapter contains an overview of theoretical and empirical research on a particular topic. The volume is designed for use on courses in social psychology, psychology, sociology, political philosophy, and law.

This collection of essays brings together Zygmunt Bauman and a number of internationally distinguished legal scholars who examine the influence of Bauman's recent works on social theory of law and socio-legal studies. Contributors focus on the concept of 'liquid society' and its adoption by legal scholars. The volume opens with Bauman's analysis of fears and policing in 'liquid society' and continues by examining the social and legal theoretical context and implications of Bauman's theory.

Capturing a unique historical moment, this book examines the changes in urban life since the collapse of the Soviet Union from an ethnographic perspective, thus addressing significant gaps in the literature on cities, Central Asia and post-socialism. It encompasses Tashkent, Almaty, Astana and Ulan-Ude: four cities with quite different responses to the fall of the Soviet Union. Each chapter takes a theme of central significance across this huge geographical terrain, addresses it through one city and contextualizes it by reference to the other sites in this volume. The structure of the book moves from nostalgia and memories of the Soviet past to examine how current changes are being experienced and imagined through the shifting materialities, temporalities and political economies of urban life. Privatization is giving rise to new social geographies, while ethnic and religious sensibilities are creating emergent networks of sacred sites. But, however much ideologies are changing, cities also provide a constant lived mnemonic of lost configurations of ideology and practice, acting as signposts to bankrupted futures. Urban Life in Post-Soviet Asia provides a detailed account of the changing nature of urban life in post-Soviet Asia, clearly elucidating the centrality of these urban transformations to citizens' understandings of their own socio-economic condition.

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.

Studies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship. In this latest edition of this highly successful research series, articles examine a diverse range of legal issues and their impact on and intersections with society. Topics covered include: marriage equality and the demise of civil unions; the LGBTQ community in the 1980s; the landscape of choice regarding reproductive rights and vaccine refusal; the rights of unvaccinated children; a socio-legal framework for understanding the social control of pleasure; and a data re-use and its impact on group identity. This volume brings together leading scholars and will be vital reading for all those researching in this subject area.

Billions of minutes a month are spent globally on social media. This raises not only serious legal issues, but also has a clear impact on everyday commercial activity. This book considers the significant legal developments that have arisen due to social media. It provides an expert explanation of the issues that practitioners and businesses need to consider, as well as the special measures that are required in order to minimise their exposure to risk. The content is highly practical, and not only explores the law related to social media, but also includes useful aids for the reader, such as flow charts, checklists and case studies. Various categories and channels of social media are covered in this book, alongside the legal classification of different social networks. Social media is also considered in the context of human rights law by evaluating the implications this has had upon the development of civil and criminal law when pursuing a civil remedy or criminal prosecution in relation to online speech. As part of these discussions the book deals specifically with the Defamation Act 2013, the Communications Act 2003, the Computer Misuse Act 1990 and the Contempt of Court Act 1988 among other key issues such as seeking Injunctions and the resulting privacy implications. Finally, the author also pays careful consideration to the commercial aspects raised by social media. The reader will find reference to key cases and regulatory guidance notes and statutes including, the Data Protection Act 1998 (including the draft Data Protection Regulation), user privacy, human rights, trading and advertising standards, special rules for FCA regulated bodies and social media insurance. This book is an invaluable guide for private practice and in-house practitioners, business professionals, academics and post-graduate students involved in the law surrounding social media.

Offering an alternative exploration of the Court of Justice of the European Union (CJEU) and its work, this book aims to start a conversation between legal, political and gendered examinations of the Court of Justice and some of the substantive areas of law it is concerned with. In doing so, it provides a broader and more holistic view of the Court and its work which can add to our understanding of the institution, its role and its case law as well as the contribution it can and does make to shaping law and policy and EU and national level.

Investigating the extent to which the European Union can be defined as a "highly competitive social market economy", this edited collection illustrates and tests the constitutional reverberations of Art. 3(3) of the Treaty on the European Union, and discusses its actual and potential transformative effect. In the aftermath of Brexit, and in the 60th anniversary of the Treaty of Rome, the book is particularly timely and topical, offering new and deeper insights on the complex and constantly evolving social dimension of the EU, ultimately reflecting on how the objective of (re)constituting the EU as a "highly competitive social market economy" might best be achieved.

This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features. Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.

Published in 1998. This research is based on observations made of 33 crowd events between February 1992 - February 1995. These took place in Turkey, England and Wales and all of which involved a large police deployment. In addition, informal interviews were conducted in both countries, involving key figures in areas of police public order training and practice. Further, visits were made to training sites and public order units, to familiarise the researcher with public order policing in both countries. Finally, the researcher has attended three major public order courses organised for the senior members of British police forces. This research analyzes the underlying assumptions contained within the existing theories in the field and attempts to adjudicate on the validity of both classical and modern contributions to the understanding of the field. The research concludes that any public order policing, regardless of the political system it serves, will tend to be relatively paramilitary and oppressive. Civilian public order policing practices need to take account of an approach which appreciates a wide combination of levels of understanding as represented by Combined Factors Approach. Finally, it is argued that the more public order policy reflects the potential level of understanding promoted by the CFA the less emphasis on paramilitary techniques will be deployed as tactics of last resort.

Moving beyond the question of whether an area of scholarly investigation can truly be characterized as 'legal', Exploiting the Limits of Law combats the often unhelpful constraints of law's subject-matter and formal processes. Through a process of reflection on the limits of law and repeated efforts to redraw them, this book challenges the general sense of pessimism among feminists and others about the usefulness of law as an instrument of change. The work combines theoretical analysis of the law's boundaries with investigation of the practical settings for changing legal and policy environments. Both the empirical focus of this volume, and its underlying theoretical concern with the limits of the law and its gender implications, render it of interest to legal scholars throughout the world, whether of EU law, feminism, social policy or philosophy.

This volume argues that legislation on abortion, adultery, and rape has been central to the formation of the modern citizen. The author draws on rights literature, biopolitical scholarship, and a gender-studies perspective as a foundation for rethinking the sovereign relationship. In approaching the politicization of reproductive space from this direction, the study resituates the role of rights and rights-granting within the sovereign relationship. A second theme running throughout the book explores the international implications of these arguments and addresses the role of abortion, adultery and rape legislation in constructing civilizational relationships. In particular, by focusing on the Ottoman Empire, Turkey, France and Italy as case studies, the book presents a discussion of what 'Europe' is and the role of sexuality and reproduction in defining it.

This book is a detailed examination of whether domestic security measures are striking an appropriate balance between homeland security and civil liberties in the post-9/11 era.

Professor Paul Wilkinson and the other contributors assess the nature of UK responses to terrorism by key public and private-sector bodies, highlighting how these organizations can prevent, pre-empt, counter and manage terrorist attacks by using a matrix of factors such as types of terrorist networks, tactics and targets. The volume also compares and contrasts the UK's response with cognate states elsewhere in the EU and with the USA.

While improved intelligence has helped prevent a major Al Qaeda attack, the authors conclude that there is still a 'major question mark' over whether the country is adequately resourced to deal with an emergency situation, particularly in major cities other than London. The book also confirms that while the UK faces a 'real and serious' threat of terrorist attack by Al Qaeda, it is better prepared for an attack than other EU member states.

Homeland Security in the UK will be essential reading for all students of terrorism studies, security studies and politics, as well as by professional practitioners and well-informed general readers.

This book offers the best and most influential writings of Richard Delgado, one of the founding figures of the critical race theory movement and one of the earliest scholars to address the harms of hate speech. With excerpts from his classic law review articles, conversations with his famous alter ego Rodrigo Crenshaw, and comments on the vicissitudes of academic life, this book spans topics such as hate speech, affirmative action, the war on terror, the endangered status of black men, and the place of Latino/as in the civil rights equation.

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.