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Books > Law > Laws of other jurisdictions & general law > Social law

Spatial Justice After Apartheid - Nomos in the Postcolony (Hardcover): Jaco Barnard-Naude, Julia Chryssostalis Spatial Justice After Apartheid - Nomos in the Postcolony (Hardcover)
Jaco Barnard-Naude, Julia Chryssostalis
R4,072 Discovery Miles 40 720 Ships in 9 - 15 working days

This book considers the question of spatial justice after apartheid from several disciplinary perspectives - jurisprudence, law, literature, architecture, photography and psychoanalysis are just some of the disciplines engaged here. However, the main theoretical device on which the authors comment is the legacy of what in Carl Schmitt's terms is nomos as the spatialised normativity of sociality. Each author considers within the practical and theoretical constraints of their topic, the question of what nomos in its modern configuration may or may not contribute to a thinking of spatial justice after apartheid. On the whole, the collection forces a confrontation between law's spatiality in a "postcolonial" era, on the one hand, and the traumatic legacy of what Paul Gilroy has called the "colonial nomos", on the other hand. In the course of this confrontation, critical questions of continuation, extension, disruption and rewriting are raised and confronted in novel and innovative ways that both challenge Schmitt's account of nomos and affirm the centrality of the constitutive relation between law and space. The book promises to resituate the trajectory of nomos, while considering critical instances through which the spatial legacy of apartheid might at last be overcome. This interdisciplinary book will appeal to scholars of critical legal theory, political philosophy, aesthetics and architecture.

Absent Environments - Theorising Environmental Law and the City (Hardcover): Andreas Philippopoulos-Mihalopoulos Absent Environments - Theorising Environmental Law and the City (Hardcover)
Andreas Philippopoulos-Mihalopoulos
R4,300 R2,954 Discovery Miles 29 540 Save R1,346 (31%) Ships in 12 - 17 working days

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.

Military Courts, Civil-Military Relations, and the Legal Battle for Democracy - The Politics of Military Justice (Paperback):... Military Courts, Civil-Military Relations, and the Legal Battle for Democracy - The Politics of Military Justice (Paperback)
Brett J. Kyle, Andrew G Reiter
R1,262 Discovery Miles 12 620 Ships in 9 - 15 working days

The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military justice remain glaringly under-examined, despite their implications for the quality and survival of democracy. This book breaks new ground by providing a theoretically rich, global examination of the operation and reform of military courts in democratic countries. Drawing on a newly created dataset of 120 countries over more than two centuries, it presents the first comprehensive picture of the evolution of military justice across states and over time. Combined with qualitative historical case studies of Colombia, Portugal, Indonesia, Fiji, Brazil, Pakistan, and the United States, the book presents a new framework for understanding how civilian actors are able to gain or lose legal control of the armed forces. The book's findings have important lessons for scholars and policymakers working in the fields of democracy, civil-military relations, human rights, and the rule of law.

Research Handbook on Intellectual Property in Media and Entertainment (Hardcover): Megan Richardson, Sam Ricketson Research Handbook on Intellectual Property in Media and Entertainment (Hardcover)
Megan Richardson, Sam Ricketson
R5,876 Discovery Miles 58 760 Ships in 12 - 17 working days

The phenomenal growth of the media and entertainment industries has contributed to a fragmented approach to intellectual property rights. Written by a range of experts in the field, this Handbook deals with contemporary aspects of intellectual property law (IP), and examines how they relate to different facets of media and entertainment. A stimulating array of chapters cover topics such as: IP rights in the news, spectacles and other ephemera; copyright and fan activities; performers' and moral rights; IP protection of television formats; publicity and personality rights; trade marks in entertainment products; traditional knowledge, and the global digital distribution of media content. Highlighting the need for the law to accommodate a rapidly expanding and modernizing industry, suggestions are made for future developments. Novel and contemporary, this Handbook will appeal to both academics and students across the field of IP, particularly in relation to media and entertainment. Its practical focus will also appeal to both practitioners and judges looking to work within and develop this most fascinating and topical area of the law. Contributors include: E. Adeney, T. Aplin, G. Austin, D.S. Caudill, M. de Zwart, G. Dinwoodie, S. Frankel, J. Ginsburg, L. Golding, J. Griffiths, M. Handler, D. Hunter, D. Mac Sithigh, M. Richardon, S. Ricketson, M. Rimmer, D. Tan, J. Thomas, P.K. Yu, M. Williams

The Restorative Justice Ritual (Paperback): Lindsey Pointer The Restorative Justice Ritual (Paperback)
Lindsey Pointer
R1,253 Discovery Miles 12 530 Ships in 9 - 15 working days

Restorative justice is an innovative approach to responding to crime and conflict that shifts the focus away from laws and punishment to instead consider the harm caused and what is needed to repair that harm and make things right. Interest in restorative justice is rapidly expanding, with new applications continuously emerging around the world. The restorative philosophy and conference process have shown great promise in providing a justice response that heals individuals and strengthens the community. Still, a few key questions remain unanswered. First, how is the personal and relational transformation apparent in the restorative justice process achieved? What can be done to safeguard and enhance that effectiveness? Second, can restorative justice satisfy the wider public's need for a reaffirmation of communal norms following a crime, particularly in comparison to the criminal trial? And finally, given its primary focus on making amends at an interpersonal level, does restorative justice routinely fail to address larger, structural injustices? This book engages with these three critical questions through an understanding of restorative justice as a ritual. It proffers three dominant ritual functions related to the performance of justice: the normative, the transformative, and the proleptic. Two justice rituals, namely, the criminal trial and the restorative justice conference, are examined through this framework in order to understand how each process fulfills, or fails to fulfill, the multifaceted human need for justice. The book will be of interest to students, academics, and practitioners working in the areas of Restorative Justice, Criminal Law, and Criminology.

From Environmental to Ecological Law (Paperback): Kirsten Anker, Peter D Burdon, Geoffrey Garver, Michelle Maloney, Carla Sbert From Environmental to Ecological Law (Paperback)
Kirsten Anker, Peter D Burdon, Geoffrey Garver, Michelle Maloney, Carla Sbert
R1,265 Discovery Miles 12 650 Ships in 9 - 15 working days

This book increases the visibility, clarity and understanding of ecological law. Ecological law is emerging as a field of law founded on systems thinking and the need to integrate ecological limits, such as planetary boundaries, into law. Presenting new thinking in the field, this book focuses on problem areas of contemporary law including environmental law, property law, trusts, legal theory and First Nations law and explains how ecological law provides solutions. Written by ecological law experts, it does this by 1) providing an overview of shortcomings of environmental law and other areas of contemporary law, 2) presenting specific examples of these shortcomings, 3) explaining what ecological law is and how it provides solutions to the shortcomings of contemporary law, and 4) showing how society can overcome some key challenges in the transition to ecological law. Drawing on a diverse range of case study examples including Indigenous law, ecological restoration and mining, this volume will be of great interest to students, scholars and policymakers of environmental and ecological law and governance, political science, environmental ethics and ecological and degrowth economics.

Dictatorship - New Trajectories in Law (Paperback): Dimitrios Kivotidis Dictatorship - New Trajectories in Law (Paperback)
Dimitrios Kivotidis
R662 Discovery Miles 6 620 Ships in 9 - 15 working days

This book analyses the institution and concept of dictatorship from a legal, historical and theoretical perspective, examining the different types of dictatorship, their relationship to the law, as well as the analytical value of the concept in contemporary world. In particular, it seeks to codify the main theories and conceptions of 'dictatorship', with the goal of unearthing their contradictions. The book's main premise is that the concept of dictatorship and the different types of the dictatorial form have to be assessed and can only be understood in their historical context. On this basis, the elaborations on dictatorship of such diverse thinkers as Carl Schmitt, Donoso Cortes, Karl Marx, Ernst Fraenkel, Franz Neumann, Nicos Poulantzas, and V. I. Lenin, are discussed in their historical context: 'classical and Caesaristic dictatorship' in ancient Rome, 'dictatorship' in revolutionary France of 1789 and counterrevolutionary France of 1848, 'fascist dictatorship' in Nazi Germany, and 'dictatorship of the proletariat' in Russia of 1917. The book contributes to the theory of dictatorship as it outlines the contradictions of the different typologies of the dictatorial form and seeks to explain them on the basis of the concept of 'class dictatorship'. The book's original claim is that the dictatorial form, as a modality of class rule that relies predominantly on violence and repression, has been essential to the reproduction of bourgeois rule and, consequently, of capitalist social relations. This function has given rise to different types and conceptualisations of dictatorship depending on the level of capitalist development. This book is addressed to anyone with an interest in law, political theory, political history and sociology. It can serve as core text for courses that seek to introduce students to the institution or theory of dictatorship. It may also serve as a reference text for post-graduate programs in law and politics, because of its interdisciplinary and critical approach.

Law and Society - An Introduction (Hardcover, 3rd edition): Steven Barkan Law and Society - An Introduction (Hardcover, 3rd edition)
Steven Barkan
R4,442 Discovery Miles 44 420 Ships in 12 - 17 working days

The new third edition of Law and Society provides a balanced, multidisciplinary, and comprehensive overview of law as an essential social institution that both shapes and is shaped by society. Between this book’s covers, readers will find the theoretical and conceptual contributions of anthropologists, historians, law professors, political scientists, philosophers, psychologists, and sociologists. By synthesizing this wide range of perspectives, the book provides readers with a nuanced and in-depth context to think about, discuss, and analyze current trends, issues, and events. Through this book, readers will also grasp the many ways law affects the lives of individuals and, more generally, how law and society affect each other in matters such as dispute settlement, criminal law, social movements, inequality, and social control. The third edition is brought up to date with the helpful reorganization of chapters. Separate chapters exploring how we define law, the differences among the major families of law, and dispute processing make the textbook more readable and adaptable to specific course objectives. Thorough revisions across the chapters reflect the latest sociolegal perspectives and research and include many new references and contemporary examples to help students appreciate a wide range of law and society issues. This thoughtful and stimulating introduction to the field is ideal for advanced undergraduate courses in Law and Society and Introduction to Law.

Federal Narcotics Laws and the War on Drugs - Money Down a Rat Hole (Paperback): Thomas Crowe Federal Narcotics Laws and the War on Drugs - Money Down a Rat Hole (Paperback)
Thomas Crowe
R1,675 Discovery Miles 16 750 Ships in 12 - 17 working days

We're losing the war on drugsbut the fight isn't over yet Federal Narcotics Laws and the War on Drugs examines our current anti-drug programs and policies, explains why they have failed, and presents a plan to fix them. Author Thomas C. Rowe, who has been educating college students on recreational drug use for nearly 30 years, exposes the truth about anti-drug programs he believes were conceived in ignorance of the drugs themselves and motivated by racial/cultural bias. This powerful book advocates a shift in federal spending to move funds away from the failed elements of the war on drugs toward policies with a more realistic chance to succeedthe drug courts, education, and effective treatment. Common myths and misconceptions about drugs have produced anti-drug programs that don't work, won't work, and waste millions of dollars. Federal Narcotics Laws and the War on Drugs looks at howand whythis has happened and what can be done to correct it. The book is divided into How did we get into this mess? which details the history of anti-narcotic legislation, how drug agencies evolved, and the role played by Harry Anslinger, Commissioner of the United States Bureau of Narcotics from 1930 to 1962; What works and what doesn't work, which looks at the failure of interdiction efforts and the negative consequences that have resulted with a particular focus on the problems of prisons balanced against the drug court system; and a third section that serves as an overview of various recreational drugs, considers arguments for and against drug legalization, and offers suggestions for more effective methods than our current system allows. Federal Narcotics Laws and the War on Drugs also examines: the creation of the Federal Bureau of Narcotics current regulations and structures current federal sentencing guidelines current state of the courts and the prison system mandatory sentencing and what judges think interdiction for heroin, cocaine and crack cocaine, and marijuana early education efforts the DARE program drug use trends drug treatment models the debate over legalization Federal Narcotics Laws and the War on Drugs also includes several appendices of federal budget figures, cocaine and heroin purity and price, and federal bureau of prisons statistics. This unique book is required reading for anyone concerned about the drug problem in the United States and what isand isn'tbeing done to correct it.

Readings in Law and Popular Culture (Hardcover): Steven Greenfield, Guy Osborn Readings in Law and Popular Culture (Hardcover)
Steven Greenfield, Guy Osborn
R3,581 R2,814 Discovery Miles 28 140 Save R767 (21%) Ships in 12 - 17 working days

Readings in Law and Popular Culture is the first book to bring together high quality research, with an emphasis on context, from key researchers working at the cutting-edge of both law and cultural disciplines.

Fascinating and varied, the volume crosses many boundaries, dealing with areas as diverse as football-based computer games, Buffy the Vampire Slayer, digital sampling in the music industry, the films of Sidney Lumet, football hooliganism, and Enid Blyton. These topics are linked together through the key thread of the role of, or the absence of, law - therefore providing a snapshot of significant work in the burgeoning field of law and popular culture.

Including important theoretical and truly innovative, relevant material, this contemporary text will enliven and inform a legal audience, and will also appeal to a much broader readership of people interested in this highly topical area.

Law, Visual Culture, and the Show Trial (Hardcover): Agata Fijalkowski Law, Visual Culture, and the Show Trial (Hardcover)
Agata Fijalkowski
R4,140 Discovery Miles 41 400 Ships in 12 - 17 working days

Addresses the relationship between law and the visual and the importance of photography in show trials. Includes case studies from Albania, East Germany, and Poland. Will appeal to legal and cultural theorists.

The Essential Guide to the Business & Law of Esports & Professional Video Gaming (Paperback): Justin Jacobson The Essential Guide to the Business & Law of Esports & Professional Video Gaming (Paperback)
Justin Jacobson
R1,473 Discovery Miles 14 730 Ships in 9 - 15 working days

"As esports has grown, the need for professional legal representation has grown with it. Justin's Essential Guide to the Business & Law of Esports & Professional Video Gaming provides a great baseline and will help prevent the legal horror stories of esports in the past." Mitch Reames, AdWeek and Esports Insider "Justin's exploration of the business and law side of the esports sector fills a gap of knowledge that is an absolute necessity in truly understanding the esports space." Kevin Hitt, The Esports Observer The Essential Guide to the Business & Law of Esports & Professional Video Gaming covers everything you need to know about the past, present, and future of esports and professional video gaming. The book is written by one of the foremost attorneys and business practitioners in today's esports and professional gaming scene, Justin M. Jacobson, Esq. This guide is meant to provide you with an in-depth look at the business and legal matters associated with the esports world. * Includes coverage of the stakeholders in the esports business "ecosystem," including the talent, the teams, the publishers, and the event organizers. * Explores various legal fields involved with esports, including intellectual property, employment and player unions, business investments and tax "write-offs," immigration and visas, event operation tips, social media and on-stream promotions, and much more. * The most current book on the market, with actual contract provisions modeled on existing major esports player, coach, shoutcaster, and sponsorship agreements. About the Author Justin M. Jacobson, Esq. is an entertainment and esports attorney located in New York City. For the last decade, he has worked with professional athletes, musicians, producers, DJs, record labels, fashion designers, as well as professional gamers, streamers, coaches, on-air talent, and esports organizations. He assists these creative individuals with their contract, copyright, trademark, immigration, tax, and related business, marketing, and legal issues. He is a frequent contributor to many industry publications and has been featured on a variety of entertainment, music, and esports publications and podcasts, including Business Insider, The Esports Observer, Esports Insider, Tunecore, and Sport Techie. Justin has positioned himself as a top esports business professional working with talent in a variety of franchise leagues including the Overwatch League, Overwatch Contenders, and Call of Duty Pro League as well as in many popular competitive titles such as Fortnite, CS:GO, Gears of War, Halo, Super Smash Brothers, Rainbow 6, PUBG, Madden, and FIFA and mobile games such as Brawlhalla, Clash of Clans, and Call of Duty mobile. Previously, he worked with various esports talent agencies as well as in an official capacity on behalf of several esports teams and brands.

Disaster Law (Hardcover): Daniel A. Farber, Michael Faure Disaster Law (Hardcover)
Daniel A. Farber, Michael Faure
R9,501 Discovery Miles 95 010 Ships in 12 - 17 working days

The field of disaster law has witnessed a huge surge in interest over the past few years. Building widespread recognition of the shortcomings of legal systems faced with disasters, academics have increasingly turned their attention to exploring how these failings can be addressed. This volume is a carefully selected collection of essays which focus on the legal and economic aspects of disaster law and pays particular attention to the legalities of catastrophes. The editors have brought together seminal papers analysing how disasters, both natural and man-made, could be prevented and investigating the ways in which compensation for such events could be provided.This set of indispensable papers examines such issues through a variety of analytical lenses and provides a solid foundation for future developments in this dynamic and highly topical subject.

The Changing Landscape of Food Governance - Public and Private Encounters (Hardcover): Tetty Havinga, Frans Van Waarden, Donal... The Changing Landscape of Food Governance - Public and Private Encounters (Hardcover)
Tetty Havinga, Frans Van Waarden, Donal Casey
R3,357 Discovery Miles 33 570 Ships in 12 - 17 working days

This book makes a major contribution to our understanding of how significantly food governance is changing at both the national and international levels. What is particularly noteworthy about this volume is how clearly and comprehensively it integrates the important public and private dimensions of food governance.' - David Vogel, University of California, Berkeley, USThis book examines the changing landscape of food governance. Within this landscape, both public and private regulators increasingly encounter one another as markets have become more globalized. While these encounters may often be planned, long-term and lead to positive relationships and outcomes, they can also be accidental collisions that result in antagonistic relationships and crisis. Empirically, this book investigates these public and private encounters in food governance and the institutional challenges they raise. Importantly, it also explores the public policy responses to these issues at the national, supranational and transnational levels, and investigates new forms of private food regulation. Against this empirical backdrop, the contributors provide insights into broader analytical issues that have animated regulatory governance scholarship such as the legitimacy and effectiveness of public and private regulation, the distribution of power in regulatory arrangements, the interaction of layers and networks of regulation and regulatory responses to crisis. This comprehensive book will be of great value to those interested in gaining an interdisciplinary understanding of the empirical area of food governance and the analytical issues of regulatory governance. Contributors include: G. Abels, J.P. Burns, F. Casarosa, D. Casey, N. Collins, V.Constant LaForce, R. van Dalen, G. Enticott, E. Fagotto, D. Fuchs, M. Gobbato, J.-C. Gottwald, T. Havinga, A. Kalfagianni, A. Kobusch, R. Lee, J. Li, P. Oosterveer, H. van der Voort, F. van Waarden, X. Wang

Child Welfare in the Legal Setting - A Critical and Interpretive Perspective (Paperback): Thomas M O'Brien Child Welfare in the Legal Setting - A Critical and Interpretive Perspective (Paperback)
Thomas M O'Brien
R758 Discovery Miles 7 580 Ships in 12 - 17 working days

Explore legal issues that often hinder the work of child welfare practitioners! Child Welfare in the Legal Setting: A Critical and Interpretive Perspective is a revolutionary study of the child welfare system that is essential for practitioners, educators, and students interested in public child welfare work. It examines the legal system surrounding child welfare workers and highlights their need for agency-specific training. This insightful book challenges the traditional rules of child welfare and paves the way for alternate methods of conceptualizing and organizing child protection. It explores why many family interventions fail and others never even occur. By identifying incongruities between the philosophy of child welfare and its function, this book advocates a more individualistic and efficient technique for assisting clients. Addressing issues and challenges from the initial identification of problems to navigating the legal system, this book is also thorough enough for public child welfare workers who want to take their skills to the next level. The large-system perspective in this book uses the concentric circle model, the rational legal model of legal and court action, and the ritualized process model to examine child welfare practice. Learn why terms such as child abuse and neglect have become social constructions that vary depending on the values of social workers, judges, attorneys, agencies, and communities. Child Welfare in the Legal Setting: A Critical and Interpretive Perspective examines the standardization of the organizational activities of child welfare systems and how this limits professionals' ability to accurately recognize unique problems and intervene in the most beneficial manner. Child Welfare in the Legal Setting also provides controversial opinions on emerging issues including: family investigations sanction for Child Protective Services intervention the legal setting as a host environment the function of the child welfare system rationalization of child welfare intervention trained incapacity of social workers Title IVE programs the court system Child Welfare in the Legal Setting: A Critical and Interpretive Perspective identifies vital issues by analyzing the ethical and moral foundations of the child welfare system. This insightful book also takes a close look at how practitioners inadvertently devalue their clients by using language that creates stigmatized social categories such as victim and convicted felon. Supervisors, managers, social workers and child welfare practitioners will benefit from this information. The vignettes that supplement the narrative also make the book an important resource in any child welfare course.

Qualitative Research Approaches for Psychotherapy - Reflexivity, Methodology, and Criticality (Hardcover): Keith Tudor,... Qualitative Research Approaches for Psychotherapy - Reflexivity, Methodology, and Criticality (Hardcover)
Keith Tudor, Jonathan Wyatt
R4,130 Discovery Miles 41 300 Ships in 12 - 17 working days

Qualitative Research Approaches for Psychotherapy offers the reader a range of current qualitative research approaches congruent with the values and practices of psychotherapy itself: experience-based, reflective, contextualized, and critical. This volume contains fourteen compelling, challenging new essays from authors in both the Northern and Southern hemispheres, writing from a range of theoretical and cultural perspectives. The book covers both established and emerging approaches to qualitative research in this field, beginning with case study, ending with postqualitative, and with hermeneutic, reflexive, psychosocial, Talanoa, queer, feminist, critical race theory, heuristic, grounded theory, authoethnographic, poetic and collaborative writing approaches in between. These chapters introduce and explore the complexity of the specific research approach, its assumptions, challenges, ethics, and potentials, including examples from the authors' own research, therapeutic practice, and life. The book is not a 'how to' guide to methods but, rather, a stimulus for psychotherapy researchers to think and feel their way differently into their research endeavours. This book will be an invaluable resource to postgraduate students, practitioners and established researchers in psychotherapy who are undertaking (or considering) qualitative research for their projects. It will also appeal to course tutors and trainers looking for a volume around which to structure a qualitative research methods course.

Microneedles - The Future of Drug Delivery (Hardcover): Hiep Xuan Nguyen Microneedles - The Future of Drug Delivery (Hardcover)
Hiep Xuan Nguyen
R4,582 Discovery Miles 45 820 Ships in 12 - 17 working days

The microneedle field has been expanding exponentially with innovative designs and various applications, thus capturing the interest of academic industry and regulatory sectors. Microneedles: The Future of Drug Delivery equips readers with a comprehensive understanding of microneedles; from percutaneous absorption to microneedles production, characterization, applications in drug delivery and diagnosis, to practical perspectives on the development, manufacturing, regulatory issues, and commercialization of microneedles. This book is written by a single author and thus provides complex information in a simple, elegant and cohesive style. The book is intended for graduate students, researchers, scientists and engineers working in the pharmaceutical, medical, cosmeceutical, and biotechnology industry.

Erotic Justice - Law and the New Politics of Postcolonialism (Paperback): Ratna Kapur Erotic Justice - Law and the New Politics of Postcolonialism (Paperback)
Ratna Kapur
R2,251 Discovery Miles 22 510 Ships in 12 - 17 working days

The essays in Erotic Justice address the ways in which law has been implicated in contemporary debates dealing with sexuality, culture and `different' subjects - including women, sexual minorities, Muslims and the transnational migrant. Law is analyzed as a discursive terrain, where these different subjects are excluded or included in the postcolonial present on terms that are reminiscent of the colonial encounter and its treatment of difference. Bringing a postcolonial feminist legal analysis to her discussion, Kapur is relentless in her critiques on how colonial discourses, cultural essentialism, and victim rhetoric are reproduced in universal, liberal projects such as human rights and international law, as well as in the legal regulation of sexuality and culture in a postcolonial context. Drawing her examples from postcolonial India, Ratna Kapur demonstrates the theoretical and disruptive possibilities that the postcolonial subject brings to international law, human rights, and domestic law. In the process, challenges are offered to the political and theoretical constructions of the nation, sexuality, cultural authenticity, and women's subjectivity.

Legal Guide for Police - Constitutional Issues (Hardcover, 12th edition): Jeffery T Walker, Craig Hemmens Legal Guide for Police - Constitutional Issues (Hardcover, 12th edition)
Jeffery T Walker, Craig Hemmens
R4,440 Discovery Miles 44 400 Ships in 12 - 17 working days

Legal Guide for Police: Constitutional Issues, 12th Edition, is a valuable tool for criminal justice students and law enforcement professionals, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Including specific case examples, this revised edition provides the most current information for students and law enforcement professionals needing to develop an up-to-date understanding of the law. Authors Walker and Hemmens have included introductory and summary chapters to aid readers in understanding the context, importance, and applicability of the case law. All chapters have been updated to reflect U.S. Supreme Court decisions up to and including the 2021 term of court. Important cases added to this edition include: Caniglia v. Strom (2021) (warrantless search), Kansas v. Glover (2020) (vehicle stop), Mitchell v. Wisconsin (2019) (warrantless drawing of blood), Rivas-Villegas v. Cortesluna (qualified immunity), and Nieves v. Bartlett (2018) (retaliatory arrest). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text.

Intellectual and Cultural Property - Between Market and Community (Paperback): Fiona Macmillan Intellectual and Cultural Property - Between Market and Community (Paperback)
Fiona Macmillan
R1,260 Discovery Miles 12 600 Ships in 9 - 15 working days

This book focuses on the fraught relationship between cultural heritage and intellectual property, in their common concern with the creative arts. The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter. However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, divided between things that are fixed and moveable, tangible and intangible. Instead the book maintains that heritage should be conceived as part of a dynamic and mutually constitutive process of community formation. It argues, therefore, for a critically important distinction between the fundamentally different concepts of not only intellectual and cultural heritage/property, but also of the market and the community. For while copyright as a private property right locates all relationships in the context of the market, the context of cultural heritage relationships is the community, of which the market forms a part but does not - and, indeed, should not - control the whole. The concept of cultural property/heritage, then, is a way of resisting the reduction of everything to its value in the market, a way of resisting the commodification, and creeping propertization, of everything. And, as such, the book proposes an alternative basis for expressing and controlling value according to the norms and identity of a community, and not according to the market value of private property rights. An important and original intervention, this book will appeal to academics and practitioners in both intellectual property and the arts, as well as legal and cultural theorists with interests in this area.

The Best Interests Assessor Practice Handbook - Second edition (Paperback, Second Edition): Rachel Hubbard, Kevin Stone The Best Interests Assessor Practice Handbook - Second edition (Paperback, Second Edition)
Rachel Hubbard, Kevin Stone
R687 Discovery Miles 6 870 Ships in 12 - 17 working days

The Best Interests Assessor (BIA) Practice Handbook is firmly grounded in real-life practice and remains the only textbook focusing directly on the BIA role. Offering clear and practical advice on the legal elements of the role, and the values and practice elements of working within the Deprivation of Liberty Safeguards (DoLS) framework, this is essential reading for BIA students and practitioners. This fully-updated edition takes account of recent legislative changes, including the planned changes from the Liberty Protection Safeguards (LPS), recent case law and the impact of the COVID-19 pandemic on BIA practice. Packed with advice on delivering effective, person-centred, rights-driven practice, it includes: * case studies; * legal summaries; * decision-making activities; * CPD support; * examples of new case law in practice. Looking forward, the book considers the new context for practice in the Approved Mental Capacity Professional (AMCP) role within the LPS and the potential roles that BIAs might fulfil in this new framework in the future.

Dictatorship - New Trajectories in Law (Hardcover): Dimitrios Kivotidis Dictatorship - New Trajectories in Law (Hardcover)
Dimitrios Kivotidis
R1,679 Discovery Miles 16 790 Ships in 9 - 15 working days

This book analyses the institution and concept of dictatorship from a legal, historical and theoretical perspective, examining the different types of dictatorship, their relationship to the law, as well as the analytical value of the concept in contemporary world. In particular, it seeks to codify the main theories and conceptions of 'dictatorship', with the goal of unearthing their contradictions. The book's main premise is that the concept of dictatorship and the different types of the dictatorial form have to be assessed and can only be understood in their historical context. On this basis, the elaborations on dictatorship of such diverse thinkers as Carl Schmitt, Donoso Cortes, Karl Marx, Ernst Fraenkel, Franz Neumann, Nicos Poulantzas, and V. I. Lenin, are discussed in their historical context: 'classical and Caesaristic dictatorship' in ancient Rome, 'dictatorship' in revolutionary France of 1789 and counterrevolutionary France of 1848, 'fascist dictatorship' in Nazi Germany, and 'dictatorship of the proletariat' in Russia of 1917. The book contributes to the theory of dictatorship as it outlines the contradictions of the different typologies of the dictatorial form and seeks to explain them on the basis of the concept of 'class dictatorship'. The book's original claim is that the dictatorial form, as a modality of class rule that relies predominantly on violence and repression, has been essential to the reproduction of bourgeois rule and, consequently, of capitalist social relations. This function has given rise to different types and conceptualisations of dictatorship depending on the level of capitalist development. This book is addressed to anyone with an interest in law, political theory, political history and sociology. It can serve as core text for courses that seek to introduce students to the institution or theory of dictatorship. It may also serve as a reference text for post-graduate programs in law and politics, because of its interdisciplinary and critical approach.

International Law and Global Governance - Treaty Regimes and Sustainable Development Goals Implementation (Paperback):... International Law and Global Governance - Treaty Regimes and Sustainable Development Goals Implementation (Paperback)
Alexandra R. Harrington
R1,227 Discovery Miles 12 270 Ships in 12 - 17 working days

This book explores the methods through which international law and its associated innovative global governance mechanisms can strengthen, foster and scale up the impacts of treaty regimes and international law on the ability to implement global governance mechanisms. Examining these questions through the lens of the Sustainable Development Goals (SDGs), the book looks at environmental, social and economic treaty regimes. It analyses legal methodologies as well as comparative methods of assessing the relationship between the SDGs and treaty regimes and international law. Contradictions exist between international treaty regimes and principles of international law resulting in conflicting implementation of the treaty regimes and of global governance mechanisms. Without determining these areas of contest and highlighting their detrimental impacts, the SDGs and other efforts at global governance cannot maximize their legal and societal benefits. The book concludes by suggesting a path forward for the SDGs and for international treaty regimes that is forged in a solid understanding and application of the advantages of global governance mechanisms, including reflections from the COVID-19 pandemic experience. Addressing the strengths, gaps and weaknesses related to treaty regimes and global governance mechanisms, the book provides readers with a comprehensive understanding of this increasingly important topic. It will be of interest to students, researchers and practitioners with an interest in sustainability and law.

Sexual Violence in Intimacy - Implications for Research and Policy in Global Health (Paperback): M Gabriela Torres, Kersti Ylloe Sexual Violence in Intimacy - Implications for Research and Policy in Global Health (Paperback)
M Gabriela Torres, Kersti Ylloe
R1,265 Discovery Miles 12 650 Ships in 9 - 15 working days

Integrating interdisciplinary and cross-cultural analysis, this volume advances our understanding of sexual violence in intimacy through the development of more nuanced and evidence-based conceptual frameworks. Sexual violence in intimacy is a global pandemic that causes individual physical and emotional harm as well as wider social suffering. It is also legal and culturally condoned in much of the world. Bringing together international and interdisciplinary research, the book explores marital rape as individual suffering that is best understood in cultural and institutional context. Gendered narratives and large-scale surveys from India, Ghana and Africa Diasporas, Pacific Islands, Denmark, New Zealand, the United States, and beyond illuminate cross-cultural differences and commonalities. Methodological debates concerning etic and emic approaches and de-colonial challenges are addressed. Finally, a range of policy and intervention approaches-including art, state rhetoric, health care, and criminal justice-are explored. This book provides much needed scholarship to guide policymakers, practitioners, and activists as well as for researchers studying gender-based violence, marriage, and kinship, and the legal and public health concerns of women globally. It will be relevant for upper-level students and scholars in anthropology, sociology, psychology, women's studies, social work and public and global health.

Penal Abolitionism and Transformative Justice in Brazil (Hardcover): Andre R. Giamberardino Penal Abolitionism and Transformative Justice in Brazil (Hardcover)
Andre R. Giamberardino
R4,124 Discovery Miles 41 240 Ships in 12 - 17 working days

Penal Abolitionism and Transformative Justice in Brazil discusses how penal abolitionism provides fundamental theoretical bases and practical references for the construction of a transformative justice in Brazil, supporting the claim that justice is a socially constructed conception and that victims do not unanimously stand for punishment. The book explores how the active participation of the protagonists of a conflict in a face-to-face negotiation of symbolic reparation, can produce a sense of justice without the need to punish or impose suffering on anyone. Mapping the ways that restorative justice in Brazil has distanced itself from the potential of transformative justice, to the extent that it fails to politicize the conflict and give voice to victims, the book shows how it has resulted in becoming just a new version of penal alternatives with correctionalist content. Moving away from traditional criminal justice language and also from conservative approaches to restorative justice, the author argues that the communicative potential of the transformative kind of redress can be dissociated from the unproved assumption that legal punishment is essential or even likely to achieve justice or deterrence. The arguments are grounded in the Brazilian reality, where life is marked by deep social inequalities and a high level of police violence. By providing a review of the literature on restorative justice, transformative justice, and abolitionism, the book contextualizes the abolitionist debate in Brazil and its history in the 19th century. Penal Abolitionism and Transformative Justice in Brazil is important reading for students and scholars who study punishment and penal abolitionism, to think about what it is possible to do in societies so deeply marked by social injustice and a history of oppression.

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