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This cutting-edge book critically reviews the field of attempted legal control and regulation of delinquent conduct by business actors in the form of exploitative, collusive and corrupt behaviour. It explores key topics including victimhood, accountability, theories of trading and shared responsibility. Christopher Harding and Alison Cronin reflect on the attempts that have been made globally to use criminal law and other methods of formal legal control, as well as more flexible and innovative approaches under the heading of 'regulation', to address the problem of bad business practice. The book argues for a return to first principles and that the possibility of a reconfiguration of economic ordering and market and trading culture should be considered; as business malpractice is largely inherent in the dominant capitalist model, that model is in need of repurposing and reform. Taking an interdisciplinary approach, this book will be a valuable resource for scholars and students of law with a focus on business, commercial law and criminal law, in addition to researchers of corporate governance and public administration and management. Its critical arguments will also benefit NGOs, business professionals and campaign groups.
This book looks at the interplay between criminal and other branches of public law pursuing similar objectives (referred to as 'quasi-criminal law'). The need for clarifying the concepts and the interlink between criminal and quasi-criminal enforcement is a topic attracting a lot of discussion and debate both in academia and practice across Europe (and beyond). This volume adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy; its high-quality analysis will appeal to scholars, practitioners and policymakers alike.
Originally published in 1985, Imprisonment in England and Wales is an account of the changing functions and conditions of imprisonment in England and Wales from the Medieval period to the present day. It is designed both as a text for students and teachers of history, law and social science and as an introduction to the subject for more general readers and is one of the few attempts to provide an overall view of the institution of imprisonment in this country over a period of several centuries. The authors have made use of original sources and other research to provide an accessible account of the subject, combining essential factual detail with an analysis of the use of imprisonment. It is therefore particularly of interest to those approaching the subject for the first time and is also intended to provide guidance for further research into particular areas of the subject. The authors draw upon their respective knowledge of four main periods to show how imprisonment has performed a number of different functions: the punishment and reform of convicted offenders, the coercion of debtors, the custody of persons awaiting trial and more generally the containment of society’s undesirables. At the same time, the institution of imprisonment is put into the context of wider social, political and economic forces, and related to the development of an increasingly centralised and incursive system of criminal law, as well as to the use and disuse of other forms of punishment and legal control. This discussion is supported by an account of the characteristics of prisons, the problems of administration and the implementation of penal and reformative policy.
"Lucid and lyrical...a vivid history of Japan's turbocharged (and painful) modernization." --The Daily Telegraph In A History of Modern Japan, cultural historian Christopher Harding delves into the untold stories of Japan's recent history--from a pop star's nuclear power protest song in 2011, to Japanese feminists who fought for an equal political voice in the 1890s. Though highly successful, and typically portrayed as a unified effort, Japan's rebuilding throughout the 20th century faced a lot of domestic criticism. This story-led account gives a voice to those who felt they didn't fit in with what Japan was becoming. It's that push and pull that made the country what it is today. This book will be a fascinating read for anyone interested in Japanese culture--whether film and literature, or pop culture and manga--as big shifts in Japanese ideology and society tend to come from culture and the arts, rather than being politically-driven. It will also be of interest to those traveling to Japan who want a better sense of the place, or anyone seeking to better understand Japan's role on the global stage. With over 100 photographs, maps and prints, A History of Modern Japan showcases the compelling story of Japan's amazing growth and its resulting struggles. For all the country's advancement, the Japanese people continue to wrestle with the notion of what it means to be Japanese in a changing world.
First published in 1989, Punishment examines the practice of punishment, not simply as a typical sanction employed by the state but as a pervasive feature of social organisation in both past and contemporary societies. With depth and rigour, they consider penal practice in a variety of historical and cultural contexts, such as the family, kinship and tribal groupings, small communities, educational institutions, the workplace and the commercial environment, criminal organisations, and the wider international community, as well as that of the state. In this way they widen the scope of the debate about the use of punishment as an instrument of human organisation, presenting different perspectives on the phenomenon of punishment and questioning the boundaries between different disciplines - juridical, philosophical, sociological, psychological and historical - within which the subject has been considered in the past. This book will be of interest to students and teachers of history, sociology, criminology, law, philosophy and psychology.
Since the late nineteenth century, religious ideas and practices in Japan have become increasingly intertwined with those associated with mental health and healing. This relationship developed against the backdrop of a far broader, and deeply consequential meeting: between Japan's long-standing, Chinese-influenced intellectual and institutional forms, and the politics, science, philosophy, and religion of the post-Enlightenment West. In striving to craft a modern society and culture that could exist on terms with - rather than be subsumed by - western power and influence, Japan became home to a religion--psy dialogue informed by pressing political priorities and rapidly shifting cultural concerns. This book provides a historically contextualized introduction to the dialogue between religion and psychotherapy in modern Japan. In doing so, it draws out connections between developments in medicine, government policy, Japanese religion and spirituality, social and cultural criticism, regional dynamics, and gender relations. The chapters all focus on the meeting and intermingling of religious with psychotherapeutic ideas and draw on a wide range of case studies including: how temple and shrine 'cures' of early modern Japan fared in the light of German neuropsychiatry; how Japanese Buddhist theories of mind, body, and self-cultivation negotiated with the findings of western medicine; how Buddhists, Christians, and other organizations and groups drew and redrew the lines between religious praxis and psychological healing; how major European therapies such as Freud's fed into self-consciously Japanese analyses of and treatments for the ills of the age; and how distress, suffering, and individuality came to be reinterpreted across the twentieth and early twenty-first centuries, from the southern islands of Okinawa to the devastated northern neighbourhoods of the Tohoku region after the earthquake, tsunami, and nuclear disasters of March 2011. Religion and Psychotherapy in Modern Japan will be welcomed by students and scholars working across a broad range of subjects, including Japanese culture and society, religious studies, psychology and psychotherapy, mental health, and international history.
The ideology of human rights protection has gained considerable momentum during the second half of the twentieth century at both national and international level and appears to be an effective lever for bringing about legal change. This book analyzes this strategy in economic and commercial policy and considers the transportation of the 'public law' discourse of basic human rights protection into the 'commercial law' context of economic policy, business activity and corporate behaviour. The volume will prove indispensable for anyone interested in human rights, international law, and business and commercial law.
The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.
Anti-competitive business cartels, engaging in practices such as price fixing, market sharing, bid rigging and restrictions on output, are now subject to strong official censure and rigorous legal control in a large number of jurisdictions across the world. The longstanding condemnation under the US Sherman Act of 1890 has been taken up (although in a rather different form) during the last thirty years in the EC/EU and in European national jurisdictions in particular, but also in a range of countries outside North America and Europe. Legal control has not only extended geographically but has intensified, as a number of jurisdictions have moved beyond administrative regulation and penalties to embrace enforcement through civil liability and (most significantly in terms of policy and rhetoric) the methods of criminal law. It is therefore timely to consider critically this development of legal control and assess its achievement to date and its future prospects. But such an exercise requires an understanding of the reasons and need for such regulation, based on a clear appreciation of the nature and extent of the economic and social malaise which is its subject. What, more exactly, are such business cartels, why do they come into existence and persist, why are they regarded as being so bad, and what are the objectives within this increasingly complex and multi-level phenomenon of legal control? By seeking to answer such fundamental questions, this book sets a research agenda for a pathology, aetiology and criminology of business cartels, and probes more accurately their nature, operation, endurance and perceived delinquency.
This is a study of agency in the field of criminal liability, considering the respective roles of individuals and organisations and the allocation of criminal responsibility to these different kinds of actor. The issue of criminal responsibility, which is informed by both the sociological analysis of conduct and by ethical considerations of responsibility, provides an important and revealing focus for discussion. Criminal Enterprise analyses criminal responsibility through three main types of organisation: corporate actors in the field of business activity, states and governments, and delinquent or criminal organisations; each of which is of contemporary significance. This analysis focuses on three particular issues:
This comprehensive volume explores histories and modern reworkings of the ideas of mind, soul and consciousness in South Asia. It focuses on the burgeoning 'psy-disciplines' - psychology, psychiatry, psychotherapy - and their links with religion, science, philosophy, and modern notions of the mystical and spiritual, not just in South Asia, but around the world. The authors explore the global flows of ideas that gathered pace during the late nineteenth and twentieth centuries, including: the idea(s) of self within 'Hindu modernities'; the history of relativity of consciousness in Jaina epistemology; Jungian critiques of Cartesian rationalism; Islamic reform vis-a-vis Sufi mysticism; and the re-examination and invocations of key strands of the fields of 'Indian philosophy' and the 'psy-disciplines' in modern India. Together these chapters stoke a critical engagement with existing conceptual boundaries and categories of mind, soul, consciousness, and body-mind relationship in modern Asian and European spiritual and intellectual traditions. This book will interest scholars and students of cross-cultural philosophy, intellectual history, history of religion, religious studies, and history of the mind sciences. It was originally published as a special issue of the journal South Asian History and Culture.
Anti-competitive business cartels, engaging in practices such as price fixing, market sharing, bid rigging and restrictions on output, are now subject to strong official censure and rigorous legal control in a large number of jurisdictions across the world. The longstanding condemnation under the US Sherman Act of 1890 has been taken up (although in a rather different form) during the last thirty years in the EC/EU and in European national jurisdictions in particular, but also in a range of countries outside North America and Europe. Legal control has not only extended geographically but has intensified, as a number of jurisdictions have moved beyond administrative regulation and penalties to embrace enforcement through civil liability and (most significantly in terms of policy and rhetoric) the methods of criminal law. It is therefore timely to consider critically this development of legal control and assess its achievement to date and its future prospects. But such an exercise requires an understanding of the reasons and need for such regulation, based on a clear appreciation of the nature and extent of the economic and social malaise which is its subject. What, more exactly, are such business cartels, why do they come into existence and persist, why are they regarded as being so bad, and what are the objectives within this increasingly complex and multi-level phenomenon of legal control? By seeking to answer such fundamental questions, this book sets a research agenda for a pathology, aetiology and criminology of business cartels, and probes more accurately their nature, operation, endurance and perceived delinquency.
The ideology of human rights protection has gained considerable momentum during the second half of the twentieth century at both national and international level and appears to be an effective lever for bringing about legal change. This book analyzes this strategy in economic and commercial policy and considers the transportation of the 'public law' discourse of basic human rights protection into the 'commercial law' context of economic policy, business activity and corporate behaviour. The volume will prove indispensable for anyone interested in human rights, international law, and business and commercial law.
This is a study of agency in the field of criminal liability, considering the respective roles of individuals and organisations and the allocation of criminal responsibility to these different kinds of actor. The issue of criminal responsibility, which is informed by both the sociological analysis of conduct and by ethical considerations of responsibility, provides an important and revealing focus for discussion. Criminal Enterprise analyses criminal responsibility through three main types of organisation: corporate actors in the field of business activity, states and governments, and delinquent or criminal organisations; each of which is of contemporary significance. This analysis focuses on three particular issues: the theory of individual and corporate (or organisational) responsibility the attribution of legal personality, as a particular form of identity, in theory and across jurisdictions and legal orders the internal practice and operation of complex organisations and corporate actors and how an understanding of this sociology of organisations should be used in the construction of legal agency in the field of criminal law.
From the time of the ancient Greeks onwards the West's relationship with Asia consisted for the most part in outrageous tales of monsters and giants, of silk and spices trans-shipped over vast distances and an uneasy sense of unknowable empires fantastically far away. By the 20th century much of Asia may have come under Western rule after centuries of warfare, but its intellectual, artistic and spiritual influence was fighting back. The Light of Asia is a wonderfully varied and entertaining history of this vexed, confused but centrally important relationship. From Marco Polo onwards Asia has been both a source of genuine fascination and equally genuine failures of comprehension. China, India and Japan were all acknowledged to be both great civilizations and in crude ways superseded by the West. Christopher Harding's captivating gallery of geniuses, adventurers and con-men celebrates Asia's impact on the West in all its variety.
This is a fresh and surprising account of Japan's culture from the 'opening up' of the country in the mid-nineteenth century to the present. 'How much I admired it, what a lot I learned from it and, above all, how very much I enjoyed it ... Masterly.' Neil MacGregor It is told through the eyes of people who greeted this change not with the confidence and grasping ambition of Japan's modernizers and nationalists, but with resistance, conflict, distress. We encounter writers of dramas, ghost stories and crime novels where modernity itself is the tragedy, the ghoul and the bad guy; surrealist and avant-garde artists sketching their escape; rebel kamikaze pilots and the put-upon urban poor; hypnotists and gangsters; men in desperate search of the eternal feminine and feminists in search of something more than state-sanctioned subservience; Buddhists without morals; Marxist terror groups; couches full to bursting with the psychological fall-out of breakneck modernization. These people all sprang from the soil of modern Japan, but their personalities and projects failed to fit. They were 'dark blossoms': both East-West hybrids and home-grown varieties that wreathed, probed and sometimes penetrated the new structures of mainstream Japan.
A SUNDAY TIMES BOOK OF THE YEAR 2020 'Mightily impressive ... a marvellous read' Sunday Times From the acclaimed author of Japan Story, this is the history of Japan, distilled into the stories of twenty remarkable individuals. The vivid and entertaining portraits in Chris Harding's enormously enjoyable new book take the reader from the earliest written accounts of Japan right through to the life of the current empress, Masako. We encounter shamans and warlords, poets and revolutionaries, scientists, artists and adventurers - each offering insights of their own into this extraordinary place. For anyone new to Japan, this book is the ideal introduction. For anyone already deeply involved with it, this is a book filled with surprises and pleasures.
Since the late nineteenth century, religious ideas and practices in Japan have become increasingly intertwined with those associated with mental health and healing. This relationship developed against the backdrop of a far broader, and deeply consequential meeting: between Japan's long-standing, Chinese-influenced intellectual and institutional forms, and the politics, science, philosophy, and religion of the post-Enlightenment West. In striving to craft a modern society and culture that could exist on terms with - rather than be subsumed by - western power and influence, Japan became home to a religion--psy dialogue informed by pressing political priorities and rapidly shifting cultural concerns. This book provides a historically contextualized introduction to the dialogue between religion and psychotherapy in modern Japan. In doing so, it draws out connections between developments in medicine, government policy, Japanese religion and spirituality, social and cultural criticism, regional dynamics, and gender relations. The chapters all focus on the meeting and intermingling of religious with psychotherapeutic ideas and draw on a wide range of case studies including: how temple and shrine 'cures' of early modern Japan fared in the light of German neuropsychiatry; how Japanese Buddhist theories of mind, body, and self-cultivation negotiated with the findings of western medicine; how Buddhists, Christians, and other organizations and groups drew and redrew the lines between religious praxis and psychological healing; how major European therapies such as Freud's fed into self-consciously Japanese analyses of and treatments for the ills of the age; and how distress, suffering, and individuality came to be reinterpreted across the twentieth and early twenty-first centuries, from the southern islands of Okinawa to the devastated northern neighbourhoods of the Tohoku region after the earthquake, tsunami, and nuclear disasters of March 2011. Religion and Psychotherapy in Modern Japan will be welcomed by students and scholars working across a broad range of subjects, including Japanese culture and society, religious studies, psychology and psychotherapy, mental health, and international history.
One of the most contentious and high-profile aspects of EU
competition law and policy has been the regulation of those serious
competition or antitrust violations now often referred to as 'hard
core cartels'. Such cartel activity typically involves large and
powerful corporate producers and traders operating across Europe
and beyond, and comprise practices such as price fixing, bid
rigging, market sharing, and limiting production in order to ensure
'market stability' and maintain and increase profits. There is
little disagreement now, in terms of competition theory and policy
at both international and national levels, regarding the damaging
effect of such trading practices on public and consumer interests,
and such cartels have been subject to increasing condemnation in
the legal process of regulating and protecting competition.
(Schirmer Performance Editions). The engaging yet simple Viennese sonatinas have been part of standard piano literature since soon after Mozart's death. This new edition provides helpful, practical direction for playing in the Classical style and an excellent recording by the editor. Intermediate Level.
In the last decades of the nineteenth century, urgent and
unprecedented demands among oppressed peoples in colonial India
drove what came to be called "mass conversion movements" towards a
range of Christian denominations, launching a revolution in South
Asia's two thousand-year Christian history.
This new book is the product of a six-year association between the Willem Pompe Institute for Criminal Law and Criminology at the University of Utrecht and the Law Schools of the University of Wales. It contains eighteen comparative studies on criminal justice in the Netherlands, England, and Wales, concentrating on the central themes of the convergence of the adversarial (British) and inquisitorial (Dutch) systems of justice, and the increasing "Europeanization" of each by an ever-increasing body of European law. It will be of great interest to scholars and practitioners interested in prison law and prison law reform, as well as lawyers and professionals working in the criminal justice system.
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