Should public opinion determine-or even influence-sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administration of punishment. In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of consulting public opinion constitutes a populist approach to punishment. The purpose of this book is to examine the moral significance of public opinion for penal theory and practice. For the first time in a single volume the editors, Jesper Ryberg and Julian V. Roberts, have assembled a number of respected criminologists, philosphers, and legal theorists to address the various aspects of why and how public opinion should be reflected in the way the criminal justice system deals with criminals. The chapters address the myriad complexities surrounding this issue by first weighing the justifications for incorporating public views into punishment practices and then considering the various ways this might be achieved through juries, prosecutors, restoratifve justice programs, and other means.

Equality is an ideal to which we all aspire. Yet the more closely we examine it, the more its meaning shifts. How do we explain how equal treatment can in effect lead to inequality, while unequal treatment might be necessary in order to achieve equality? The apparent paradox can be understood if we accept that equality can be formulated in different ways, depending on which underlying conception is chosen. In this highly readable yet challenging book, Sandra Fredman examines the ways in which discrimination law addresses these questions.
The new edition retains the format of the highly successful first edition, while incorporating the many new developments in discrimination law since 2002, including the Equality Act 2010, human rights law, and EU law. By using a thematic approach, the book illuminates the major issues in discrimination law, while at the same time imparting a detailed understanding of the legal provisions. The comparative approach is particularly helpful; by examining comparable law in the US, India, Canada, and South Africa, as well as the UK, the book exposes common problems and canvasses differing solutions. As in the previous edition, the book locates discrimination in its wider social and historical context. Drawing on the author's wide experience of equality law in many jurisdictions, she creates an analytic framework to assess the substantive law.
The book is a thought-provoking and accessible overview of the way in which equality law has adjusted to new and increasingly complex challenges. It concludes that progress has been evident, but uneven. Those dedicated to equality still face an exacting, but ultimately deeply rewarding, task.

Children's rights and human development is a new and uncharted domain in human rights and psychology research. This multidisciplinary children's rights reader is a first attempt to introduce this domain to students and researchers of children's rights, child development, child maltreatment, family and child studies, and related fields. For many lawyers, children's rights are limited to their legal dimension: the norms and institutions of international human rights law, often with an exclusive focus on the Convention on the Rights of the Child and its monitoring treaty body, the Committee on the Rights of the Child. However, there are three more dimensions to children's rights. Children's rights share a moral and a political dimension with all human rights, which most non-international lawyers all too often overlook. And children's rights have a fourth dimension: the time dimension of child and human development. This time dimension is multidisciplinary in itself. Human development begins nine months before childbirth. When we are four years of age, our brain is 90% adult size. The infrastructure of our personality, health, and resilience is formed in our first years of life, determined by the quality and sheer quantity of parent-child interaction and secure attachment formation. Yet, more than one third of children are not securely attached. According to research published in The Lancet in 2009, one in ten children in high income countries is maltreated. Violence against children is a worldwide plague. Socio-economic and socio-emotional deprivation are still transmitted from generation to generation in both rich and poor states. Investing in early childhood development, positive parenting, and child rights education makes sense. This book brings together substantial and fascinating texts from many fields and disciplines that illustrate and elaborate this point. Arranged in ten chapters titled according to pertinent child rights principles and concepts, these texts offer a state-of-the-art view of the enormous progress made in the past decades in several fields of human knowledge. In between these texts, several news and factual items inform the reader on the huge gap that still exists between what we know and what we do to make this world a better place for children, to promote human development, and to protect human rights better. Child rights violations are still met with more rhetoric than leadership. But change is on its way. The book's contents may be used both as background readings and as tasks for group discussion in problem-based learning or other educational settings in child rights law and psychology courses. It is also aimed at a broader academic and public audience interested in the many aspects and ramifications of children's rights and human development.

This twenty-third volume of annotated leading case law of international criminal tribunals contains decisions taken by the International Criminal Court in the period 2004-2007. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions. An index is included. Contributors: Denis Abels, Kai Ambos, Ccile Aptel, Amir Cengic, Annelisa Ciampi, Annemarie De Brouwer, Karel de Meester, Hkan Friman, Marc Groenhuijsen, Dov Jacobs, Erik Kok, Gunal Mettraux, Ioannis Naziris, Astrid Reisinger, Lela Scott, Sergey Vasiliev, Alexander Zahar and Salvatore Zappala

The need for more stringent regulation of multinational corporations (MNCs) is discernible in the adverse human rights impact of business activities in conflict-prone regions of the world. Domestic jurisdictions appear reluctant to vigorously pursue mandatory enforcement of human rights standards vis-a-vis the private sector for violations committed abroad. The international system, in turn, has not yet put in place any effective compliance mechanism beyond regulatory supervision. The difficulties of prosecution by home and host states, and the propensity of MNCs to exploit the principles of separate legal personality and limited liability, pose certain challenges. Seeking to address the problem of corporate involvement in grave human rights abuse (i.e. genocide, crimes against humanity, and war crimes), this study explores the desirability and feasibility of subjecting business enterprises to regulation through international criminal law. It draws upon holistic methods for uncovering organizational fault, suggesting the necessity to align the culpability of legal persons with the peculiarities of institutional form and dynamics. The book discusses the instrumentality of existing Rome Statute provisions with regard to both corporations and corporate agents, and puts forward a sui generis model for constructing the criminal liability of MNCs.

While the 1960s marked a rights revolution in the United States, the subsequent decades have witnessed a rights revolution around the globe, a revolution that for many is a sign of the advancement of democracy. But is the act of rights claiming a form of political contestation that advances democracy? Rights language is ubiquitous in national and international politics today, yet nagging suspicions remain about the compatibility between the practice of rights claiming and democratic politics. While critics argue that rights reinforce ways of thinking and being that undermine democratic values and participatory practices, even champions worry that rights lack the legitimacy and universality necessary to bring democratic aspirations to fruition.
Making Rights Claims provides a unique entree into these important and timely debates. Rather than simply taking a side for or against rights claiming, the book argues that understanding and assessing the relationship between rights and democracy requires a new approach to the study of rights. Zivi combines insights from speech act theory with recent developments in democratic and feminist thought to develop a theory of the performativity of rights claiming. If we understand rights claims as performative utterances and acts of persuasion, we come to see that by saying "I have a right," we constitute and reconstitute ourselves as democratic citizens, shape our communities, and transform constraining categories of identity in ways that may simultaneously advance and challenge aspects of democracy. Furthermore, we begin to understand that rights claiming is not a wholly rule bound practice. To illustrate her theory, Zivi discusses different sides of two recent rights debates: mandatory HIV testing of pregnant women and the new immigration laws."

This 24th volume of Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the International Criminal Tribunal for Rwanda in 2005-2006. It includes the full text of the most important decisions, identical to the original version, and includes concurring, separate, and dissenting opinions. In the book, distinguished experts in the field of international criminal law have commented on the decisions. (Series: Annotated Leading Cases of International Criminal Tribunals - Vol. 24)

The interaction between labor market regulation and the EU's internal market poses increasing challenges for both lawyers and policy makers throughout the EU. From a policy point of view, the Lisbon Agenda and the reality of globalization have driven the EU towards a reformative approach to labor law in the context of its employment strategy. In the legal arena, the mixture of different national labor standards and free economic exchange has turned explosive in the wake of EU enlargement. This book explores the intricate, complex, and sometimes contentious relationship between the EU's agenda for a free internal market and the protection of labor standards within the EU. Its immediate focus is on recent legal developments, both in case law and in legislation. But these developments are addressed in a more general approach that seeks to give an overall background and context. European Union Internal Market and Labour Law: Friends or Foes? the result of a conference held in the aftermath of the instantly famous cases of Laval and Viking also reports on a panel discussion between stakeholders.

In the aftermath of the Second World War, Karl Popper introduced his concept of the "open society". Poppers focussed primarily on communism and fascism. Nowadays, communism and fascism have faded away as the primary challenges for open, democratic states, but new challenges have come to the fore. Closed communities pose a significant challenge and sometimes a threat to democratic values. What are those closed communities? This book presents a diagnosis of those closed communities, their problems, and the challenges for an open society.

This is a study of the law governing the bank-customer relationship pertaining to the disposition of funds by cheques and credit transfers, covering both paper-based and electronic payments. The work addresses, with various degrees of detail, common law, civilian, and `mixed' jurisdictions, particularly, Australia, Canada, England, France, Germany, Israel, Italy, Japan, South Africa, Switzerland and the United States. In addition to the description of the law in these jurisdictions, the book contains an in-depth analysis of the common issues and the responses to them, in light of desired policies. Accordingly, an evaluation of the various rules and proposals for reform are integral parts of the study.

The intangible cultural heritage (ICH) of the world's communities is an inheritance that has been passed down through many generations. Its survival, however, is increasingly threatened by the realities of post-modern society, such as rapid urbanization, large-scale migration, severe environmental change, and globalization. In 2003, the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage recognized the importance of ICH, both as a mainspring of cultural diversity and a source of sustainable development. Early efforts to implement the Convention are bringing to light issues that are crucial to the survival of ICH. Many of these involve its interaction with intellectual property law. To clarify the relationship between these two fields, this present volume gathers the views of scholars and practitioners with diverse expertise and national backgrounds. They examine four main issues: the construction and operation of ICH inventories; the conceptualization of the "community" as a holder of ICH; how to obtain the community's prior informed consent; and the pros and cons of various regulatory regimes. With the book's variety of contributions, the common thread is the belief that regulatory regimes must be designed so that ICH will not only be safeguarded in archives and museums, but also in its living form.

This volume contains articles on three areas of family law that, at the dawn of the 21st century, have provoked passionate discussion. The topics of concern include: (compulsory) arrangements regarding children, registration schemes for same-sex couples (new jurisdictions), and the effectiveness of the pater est rule. The book's contributions are preceded by two introductory articles. The historical introduction addresses the 'cultural constraints argument' which, according to a few legal scholars, prevents both spontaneous and deliberate harmonization of family law. Is family law indeed embedded in unique national (legal) culture? What lessons can be learned from the past? The methodological introduction proffers some general ideas as to how comparative family law is perceived and what it should entail whereby a comparison is made between more recent developments in Europe and the United States.

During September 16-21, 2007, the XIIIth World Congress on Procedural Law was held in Salvador de Bahia, Brazil. The Congress was dedicated to the theme 'New Trends in Procedural Law' and was organized by the International Association of Procedural Law. This book contains the Congress reports regarding the following themes: information technology in litigation new trends in pre-action new trends in standing and res iudicata in collective suits new trends in illegal evidence in criminal procedure civil case management the Belgian debate and reforms the European small claims procedure presumptions in Dutch private law (19th and 20th centuries) within a European context.

What institutional arrangements should a well-functioning constitutional democracy have?
Most of the relevant literatures in law, political science, political theory, and economics address this question by discussing institutional design writ large. In this book, Adrian Vermeule moves beyond these debates, changing the focus to institutional design writ small.
In established constitutional polities, Vermeule argues that law can and should - and to some extent already does - provide mechanisms of democracy: a repertoire of small-scale institutional devices and innovations that can have surprisingly large effects, promoting democratic values of impartial, accountable and deliberative government. Examples include legal rules that promote impartiality by depriving officials of the information they need to act in self-interested ways; voting rules that create the right kind and amount of accountability for political officials and judges; and legislative rules that structure deliberation, in part by adjusting the conditions under which deliberation occurs transparently or instead secretly.
Drawing upon a range of social science tools from economics, political science, and other disciplines, Vermeule carefully describes the mechanisms of democracy and indicates the conditions under which they can succeed.

This book provides law enforcement officials with the essential legal knowledge and practical acumen needed for the performance of their duties.

The traditional legal textbooks aim to give students of the law a synoptic overview of the present state of law in a particular area. In doing so, most books offer only a cursory assessment of how the law came to be the way it is and what economic, political and social forces were brought to bear during its evolution. This study seeks to offer students a different kind of text, which takes as its starting point the law as it was in 1945. Guiding the student through four-and-a-half decades of almost continuous legislative activity, Davies and Freedland show how the law was created, and why it looks as it does today. The history explored is from 1945 to 1990, but not including the period since Mr Major succeeded Mrs Thatcher as Prime Minister. Paul Davies is also the editor of the "Industrial Law Journal". Mark Freedland has also written "The Contract of Employment" and "Labour Law, Cases and Materials" (with Paul Davies).

This book contains contributions from the third Commission on European Family Law (CEFL) conference which took place in Oslo in June 2007. The general topic, 'European Challenges in Contemporary Family Law, ' has been divided into five themes: The Harmonization of Family Law --- Children and Their Parents --- Irregular Marriages and the Influence of Multiculturalism --- (Property) Relations between Spouses and Cohabitants --- Cross-Border Family Relationships. These issues are, in different ways, related to the remarkable change in family life that has taken place in Europe in the last three or four decades. European family law has experienced, in a profound and deep way, social and demographic changes in this short period of time. Just a few of the important recent developments include: an explosion in the divorce rates and extramarital cohabitation and the resulting increase in the number of children born out of wedlock --- women joining the paid work force en masse, influencing, among other things, parental roles and property relations among partners --- new techniques in artificial insemination --- the growing social acceptance of same-sex relationships

The focus of this volume of Acta Juridica - Foreign Direct Investment and the Law: Perspectives from Selected African Countries - is the relationship between foreign direct investment (FDI) and the law, within the context of FDI in Africa and the role of the Agreement establishing the African Continental Free Trade Area (AfCFTA).

The book is a compilation of essays by authors who are specialists from across the spectrum of the law, bringing together their diverse contributions under the banner of foreign direct investment. More specifically, the authors consider the law and foreign direct investment from an African perspective, both regionally and country-specific, in the context of bilateral investment treaties, property law, the legal integration of business law, the role of investment and regulatory policies, dispute resolution, tax incentives and labour regulation.

This volume contains the written versions of presentations given at the international conference Convergence and Divergence of Family Law in Europe, organised in Amsterdam in September 2006. The main objective of this conference was to instigate an in-depth discussion regarding various facets of the convergence/divergence discord. Another objective was to give scholars the opportunity to present their respective views in the ongoing debate surrounding convergence, divergence and deliberate harmonisation activities in the field of family law. In the first part of this book the historical and theoretical issues of the convergence/divergence debate and the controversy surrounding the cultural constraints argument are discussed. The second part gives a picture of the contemporary role of convergence/divergence tendencies on a regional level in various parts of Europe. It starts with an overview of the recent trends in the renowned Nordic co-operation in the approximation of family laws, which is generally considered to be the most successful example of regional harmonisation of family laws in Europe. The next article deals with convergence/divergence tendencies in the development of the family law of the Spanish autonomous communities. The following two contributions offer a summary of the convergence and divergence trends in Eastern Europe against the background of such sweeping events as the fall of the Soviet Union, the disintegration of the Eastern block and the accession of a majority of the Central European countries to the EU. The third part of this volume deals with the convergence and divergence tendencies in the following particular fields of family law: marriage, divorce, same-sex relationships, establishment of parenthood and matrimonial property law.

The two years since publication of the first edition of The Law of EU External Relations: Cases, Materials, and Commentary on the EU as an International Actor have been characterized by the large amount of case law on the new provisions on external relations, which have found their way into the Lisbon Treaty. Moreover, there have been important changes in EU secondary law on external relations as a consequence of these changes to the Lisbon Treaty. In this second edition, new case law and legislative developments are critically discussed and analysed in this comprehensive collection of EU Treaty law. Combining chapters on the general basis of the Union's external action and its relation to international law, with chapters which further explore the law and practice of the EU in the specialized fields of external action, this book presents the law of EU external relations in a concise and accessible manner for students, practitioners, and academics in the field. Topics include the common commercial policy, development cooperation, cooperation with third countries, humanitarian aid, the enlargement and neighbourhood policies, the external environmental policy, and the common foreign and security policy. Carefully selected primary documents are accompanied with analytic commentary on the issues they raise and their significance for the overall structure of EU external relations law. The primary materials selected include many important legal documents that are hard to find elsewhere but give a vital insight into the operation of EU external relations law in practice.

The Global Financial Crisis has re-ordered how the EU intervenes in the EU financial market, both with respect to regulation and with respect to supervision. After 5 years of a behemoth reform agenda, the new landscape is now clear. Rule-making power has decisively moved to the EU and radical reforms have been made to the organization of supervision. EU Securities and Financial Markets Regulation provides the first comprehensive, critical, and contextual account of the vast new rule-book which now applies to the EU financial market in the aftermath of the seismic reforms which have followed the financial crisis. Topics covered in-depth include the AIFMD, EMIR, the Short Selling Regulation, the new market abuse and transparency regimes, the rating agency regime, the UCITS IV-VI reforms, and MiFID II/MiFIR; the analysis is wide-reaching, extending to secondary legislation and relevant soft law. The book also examines the far-reaching institutional changes which have followed and considers in detail the role and impact of the European Securities and Markets Authority and the potential impact of the Single Supervisory Mechanism for euro area banks on the supervision of the EU financial market. EU Securities and Financial Markets Regulation is the third edition of the highly successful and authoritative monograph first published as EC Securities Regulation. Almost entirely recast and re-written from the 2008 second edition to reflect the changes wrought by the Global Financial Crisis, it adopts the in-depth contextual and analytical approach of earlier editions and so considers the market, political, international, institutional, and constitutional context of the new regulatory and supervisory regime, and the underlying forces which have (and will continue to) shape it.

Part of the Juta's Property Law Library series, Land Reform covers all legal developments spanning the first phase or exploratory land reform programme that was embarked upon in 1991, followed by the all-encompassing land reform programme that coincided with the constitutional dispensation, until July 2013. Land reform is approached with reference to its various contexts, drawing the broad categories of state land and private land that are further subdivided into urban and rural contexts, where relevant. All relevant legislative measures and policy documents are set out and major court decisions are analysed accordingly.

In 1973, a group of California lawyers formed a non-profit, public-interest legal foundation dedicated to defending conservative principles in court. Calling themselves the Pacific Legal Foundation, they declared war on the U.S. regulatory state-the sets of rules, legal precedents, and bureaucratic processes that govern the way Americans do business. Believing that the growing size and complexity of government regulations threatened U.S. economy and infringed on property rights, Pacific Legal Foundation began to file a series of lawsuits challenging the government's power to plan the use of private land or protect environmental qualities. By the end of the decade, they had been joined in this effort by spin-off legal foundations across the country. The Other Rights Revolution explains how a little-known collection of lawyers and politicians-with some help from angry property owners and bulldozer-driving Sagebrush Rebels-tried to bring liberal government to heel in the final decades of the twentieth century. Decker demonstrates how legal and constitutional battles over property rights, preservation, and the environment helped to shape the political ideas and policy agendas of modern conservatism. By uncovering the history-including the regionally distinctive experiences of the American West-behind the conservative mobilization in the courts, Decker offers a new interpretation of the Reagan-era right.

The Commission on European Family Law published its Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses in 2004 as a contribution towards the establishment of a European Family Law. Only by empirical testing of the Principles in a number of legal systems can one demonstrate whether they are acceptable and/or are regarded as an improvement on existing national laws. This edited volume seeks to test the Principles in a range of legal systems, some already considered by the CEFL: France, Scandinavia, England, Scotland; some untested: Malta, Estonia, Lithuania and Turkey; and in so doing to assess these legal systems in view of the Principles, and the Principles in view of these legal systems. The final part of the volume is a comparative assessment of the findings, looking at the Principles first as harmonious ideals, and then as shortfalls in these ideals and at the obstacles to harmonisation

There is much controversy about the dangers of a free media when it comes to children and adolescents. Many believe that this constitutional right should be amended, altered, or revoked entirely to prevent the young from being negatively influenced. Graphic violence, sexual content, and the depiction of cigarette smoking have all come under fire as being unacceptable in media that is geared toward adolescents, from television and movies to magazines and advertising. Yet not much has been written about the developmental science behind these ideas, and what effects a free media really has on adolescents.
This book presents a synthesis of all current knowledge about the developmental effects of a free media on adolescents. Levesque first presents a full analysis of research studies into the media's effects on adolescents in four key areas: sexuality, violence, smoking, and body image. All findings are assessed within the context of normal adolescent development. Levesque then discusses how this knowledge can be used to inform current standards for the regulation of free speech with regard to adolescents. Both legal restrictions and less formal regulatory bodies (schools, parent groups, etc.) are reviewed to present a full picture of the ways in which a free media is constrained to protect adolescent's development.