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Law, Culture and Identity in Central and Eastern Europe: A Comparative Engagement (Nomos Studies in Law, Culture and Power)
by Cosmin Cercel, Alexandra Mercescu and Mirosław Michał SadowskiMirosław Michał Sadowski is Lecturer at the University of Strathclyde in Glasgow, Scotland; Affiliated Researcher at the Centre for Global Studies, Alberta University in Lisbon, Portugal; Postdoctoral Researcher at CEBRAP – Brazilian Center of Analysis and Planning in São Paulo, Brazil; Research Assistant at the Institute of Legal Sciences, Polish Academy of Sciences in Warsaw, Poland.
Law, Development and Regulatory Globalisation: The Case of the World Bank in India's Electricity Sector (Law, Development and Globalization)
by Adithya ChintapantiExploring the phenomenon of diffusion of legal norms accompanying economic globalisation in developing countries, this book examines the blanket imposition of standard regulatory templates, maintaining that every jurisdiction requires customised legal solutions. Adopted by over 80 developing jurisdictions, the World Bank’s 1993 regulatory template for electricity sector reform has been one of the most widely diffused regulatory models. This book uses the example of its implementation in India to address the more general process of regulatory globalisation for developing countries. Amongst other objectives, the World Bank’s template endeavoured to insulate economic decision making from politics through legal reform. Through this template, the World Bank endeavoured to transform the role of the Indian state in the electricity sector from an interventionist or welfare state to a neo-liberal regulatory state by imposing constitution-like obligations. The book demonstrates that the unique social, economic and political characteristics of a jurisdiction cannot be ignored when incorporating a regulatory template in a jurisdictional context; for, by influencing the way an external regulatory model is internalized, it is these characteristics that determine its outcome. Providing a detailed empirical analysis of this key aspect of development policy, this book will be of interest to scholars and students in the fields of law and development, politics and public administration; as well as development practitioners and policy makers involved in reforming sector regulatory frameworks in their countries.
Law, Development and Regulatory Globalisation: The Case of the World Bank in India's Electricity Sector (Law, Development and Globalization)
by Adithya ChintapantiExploring the phenomenon of diffusion of legal norms accompanying economic globalisation in developing countries, this book examines the blanket imposition of standard regulatory templates, maintaining that every jurisdiction requires customised legal solutions. Adopted by over 80 developing jurisdictions, the World Bank’s 1993 regulatory template for electricity sector reform has been one of the most widely diffused regulatory models. This book uses the example of its implementation in India to address the more general process of regulatory globalisation for developing countries. Amongst other objectives, the World Bank’s template endeavoured to insulate economic decision making from politics through legal reform. Through this template, the World Bank endeavoured to transform the role of the Indian state in the electricity sector from an interventionist or welfare state to a neo-liberal regulatory state by imposing constitution-like obligations. The book demonstrates that the unique social, economic and political characteristics of a jurisdiction cannot be ignored when incorporating a regulatory template in a jurisdictional context; for, by influencing the way an external regulatory model is internalized, it is these characteristics that determine its outcome. Providing a detailed empirical analysis of this key aspect of development policy, this book will be of interest to scholars and students in the fields of law and development, politics and public administration; as well as development practitioners and policy makers involved in reforming sector regulatory frameworks in their countries.
Law, Disorder and the Colonial State: Corruption in Burma c.1900 (Cambridge Imperial and Post-Colonial Studies)
by J. SahaIn this original study British rule in Burma is examined through quotidian acts of corruption. Saha outlines a novel way to study the colonial state as it was experienced in everyday life, revealing a complex world of state practices where legality and illegality were inseparable: the informal world upon which formal colonial power rested.
Law, Drugs and the Politics of Childhood: From Protection to Punishment (New Advances in Crime and Social Harm)
by Simon FlacksDebates about the regulation of drugs are inseparable from talk of children and the young. Yet how has this association come to be so strong, and why does it have so much explanatory, rhetorical and political force? The premise for this book is that the relationship between drugs and childhood merits more exploration beyond simply pointing out that children and drugs are both ‘things we tend to get worried about’. It asks what is at stake when legislators, lobbyists and decision-makers revert to claims about children in order to sustain a given legal or policy position. Beginning with a genealogy of the relationship between the discursive artefacts of ‘drugs’ and ‘childhood’, the book draws on Foucauldian methodologies to explore how childhood functions as a device in the biopolitical management of drug use(rs) and supply. In addition to analysing decriminalisation initiatives and sentencing measures, it (unusually) reaches beyond the criminal context to consider the significance of the ‘politics of childhood’ for law- and policymaking in the fields of family justice and education. It concludes by arguing that the currency of childhood and ‘youth’ is not reducible to rhetoric; it shapes the discursive entities of drugs and addiction and is one of the ways in which particular substances become socially, culturally and politically intelligible. At the same time, ‘drugs’ serve as a technology of child normalisation. The book will be essential reading for policymakers as well as researchers and students working in the areas of Criminal Justice, Law, Psychology and Sociology.
Law, Drugs and the Politics of Childhood: From Protection to Punishment (New Advances in Crime and Social Harm)
by Simon FlacksDebates about the regulation of drugs are inseparable from talk of children and the young. Yet how has this association come to be so strong, and why does it have so much explanatory, rhetorical and political force? The premise for this book is that the relationship between drugs and childhood merits more exploration beyond simply pointing out that children and drugs are both ‘things we tend to get worried about’. It asks what is at stake when legislators, lobbyists and decision-makers revert to claims about children in order to sustain a given legal or policy position. Beginning with a genealogy of the relationship between the discursive artefacts of ‘drugs’ and ‘childhood’, the book draws on Foucauldian methodologies to explore how childhood functions as a device in the biopolitical management of drug use(rs) and supply. In addition to analysing decriminalisation initiatives and sentencing measures, it (unusually) reaches beyond the criminal context to consider the significance of the ‘politics of childhood’ for law- and policymaking in the fields of family justice and education. It concludes by arguing that the currency of childhood and ‘youth’ is not reducible to rhetoric; it shapes the discursive entities of drugs and addiction and is one of the ways in which particular substances become socially, culturally and politically intelligible. At the same time, ‘drugs’ serve as a technology of child normalisation. The book will be essential reading for policymakers as well as researchers and students working in the areas of Criminal Justice, Law, Psychology and Sociology.
Law, Ecology, and the Management of Complex Systems: The Case of Water Governance (Law, Science and Society)
by Tiina PaloniittyThis book addresses the role of law in the adaptive management of socioecological systems. Recent years have witnessed a rise in discussion over the relation between adaptivity and law; as if after decades of insouciance, legal scholars have finally started to understand the impacts of the scientific paradigm called adaptive management to the legal sphere. Even though the complicated relations between law and the adaptive management of socioecological systems have become more debated, a thorough examination of the scientific and theoretical fundamentals of such endeavours has yet to be presented. Using the illustrative example of European Union water governance and its path towards embracing adaptive management, this book emphasises the legal significance of properly understanding the manner in which scientific knowledge of the environment is produced. Though always pivotal, rigorously apprehending science is especially crucial when dealing with the management of complex ecosystems as the ‘normative’ is created gradually before law begins to examine the ‘facts’ of the matter. After examining the roots of adaptive management, this book argues that the legal needs to understand itself as an integral part of the process of the socioecological management of complex systems, and not merely an external umpire resolving disputes. As whole the book offers new insights into the Union regulator’s approaches to scientific realities, making it an interesting read not only to academics and legal scholars but also to regulators striving to deepen their understanding or pondering which approach to adopt in the face of new regulatory challenges, and to scientists interested in the science and law aspects of their work.
Law, Ecology, and the Management of Complex Systems: The Case of Water Governance (Law, Science and Society)
by Tiina PaloniittyThis book addresses the role of law in the adaptive management of socioecological systems. Recent years have witnessed a rise in discussion over the relation between adaptivity and law; as if after decades of insouciance, legal scholars have finally started to understand the impacts of the scientific paradigm called adaptive management to the legal sphere. Even though the complicated relations between law and the adaptive management of socioecological systems have become more debated, a thorough examination of the scientific and theoretical fundamentals of such endeavours has yet to be presented. Using the illustrative example of European Union water governance and its path towards embracing adaptive management, this book emphasises the legal significance of properly understanding the manner in which scientific knowledge of the environment is produced. Though always pivotal, rigorously apprehending science is especially crucial when dealing with the management of complex ecosystems as the ‘normative’ is created gradually before law begins to examine the ‘facts’ of the matter. After examining the roots of adaptive management, this book argues that the legal needs to understand itself as an integral part of the process of the socioecological management of complex systems, and not merely an external umpire resolving disputes. As whole the book offers new insights into the Union regulator’s approaches to scientific realities, making it an interesting read not only to academics and legal scholars but also to regulators striving to deepen their understanding or pondering which approach to adopt in the face of new regulatory challenges, and to scientists interested in the science and law aspects of their work.
Law, Economics, and Conflict
by Kaushik Basu and Robert C. HockettIn Law, Economics, and Conflict, Kaushik Basu and Robert C. Hockett bring together international experts to offer new perspectives on how to take analytic tools from the realm of academic research out into the real world to address pressing policy questions. As the essays discuss, political polarization, regional conflicts, climate change, and the dramatic technological breakthroughs of the digital age have all left the standard tools of regulation floundering in the twenty-first century. These failures have, in turn, precipitated significant questions about the fundamentals of law and economics.The contributors address law and economics in diverse settings and situations, including central banking and the use of capital controls, fighting corruption in China, rural credit markets in India, pawnshops in the United States, the limitations of antitrust law, and the role of international monetary regimes. Collectively, the essays in Law, Economics, and Conflict rethink how the insights of law and economics can inform policies that provide individuals with the space and means to work, innovate, and prosper—while guiding states and international organization to regulate in ways that limit conflict, reduce national and global inequality, and ensure fairness.Contributors: Kaushik Basu; Kimberly Bolch; University of Oxford; Marieke Bos, Stockholm School of Economics; Susan Payne Carter, US Military Academy at West Point; Peter Cornelisse, Erasmus University Rotterdam; Gaël Giraud, Georgetown University; Nicole Hassoun, Binghamton University; Robert C. Hockett; Karla Hoff, Columbia University and World Bank; Yair Listokin, Yale Law School; Cheryl Long, Xiamen University and Wang Yanan Institute for Study of Economics (WISE); Luis Felipe López-Calva, UN Development Programme; Célestin Monga, Harvard University; Paige Marta Skiba, Vanderbilt Law School; Anand V. Swamy, Williams College; Erik Thorbecke, Cornell University; James Walsh, University of Oxford.Contributors: Kimberly B. Bolch, Marieke Bos, Susan Payne Carter, Peter A. Cornelisse, Gaël Giraud, Nicole Hassoun, Karla Hoff, Yair Listokin, Cheryl Long, Luis F. López-Calva, Célestin Monga, Paige Marta Skiba, Anand V. Swamy, Erik Thorbecke, James Walsh
Law, Education, and the Place of Religion in Public Schools: International Perspectives (Routledge Research in Religion and Education)
by Charles RussoThis text presents a comparative, cross-cultural analysis of the legal status of religion in public education in eighteen different nations while offering recommendations for the future improvement of religious education in public schools. Offering rich, analytical insights from a range of renowned scholars with expertise in law, education, and religion, this volume provides detailed consideration of legal complexities impacting the place of religion and religious education in public education. The volume pays attention to issues of national and international relevance including the separation of the church and state; public funding of religious education; the accommodation of students’ devotional needs; and compulsory religious education. The volume thus highlights the increasingly complex interplay of religion, law, and education in diverse educational settings and cultures across developing and developed nations.Providing a valuable contribution to the field of religious secondary education research, this volume will be of interest to researchers, academics, and educators with an interest in religion and law, international and comparative education, and those involved with educational policy at all levels. Those more broadly interested in moral and values education will also benefit from the discussions the book contains.
Law, Education, and the Place of Religion in Public Schools: International Perspectives (Routledge Research in Religion and Education)
by Charles J. RussoThis text presents a comparative, cross-cultural analysis of the legal status of religion in public education in eighteen different nations while offering recommendations for the future improvement of religious education in public schools. Offering rich, analytical insights from a range of renowned scholars with expertise in law, education, and religion, this volume provides detailed consideration of legal complexities impacting the place of religion and religious education in public education. The volume pays attention to issues of national and international relevance including the separation of the church and state; public funding of religious education; the accommodation of students’ devotional needs; and compulsory religious education. The volume thus highlights the increasingly complex interplay of religion, law, and education in diverse educational settings and cultures across developing and developed nations.Providing a valuable contribution to the field of religious secondary education research, this volume will be of interest to researchers, academics, and educators with an interest in religion and law, international and comparative education, and those involved with educational policy at all levels. Those more broadly interested in moral and values education will also benefit from the discussions the book contains.
Law Enforcement by EU Authorities: Implications for Political and Judicial Accountability
by Miroslava Scholten Michiel LuchtmanLaw Enforcement by EU Authorities is the first comprehensive study of a new development in the field of EU law and governance: the proliferation of EU enforcement authorities (EEAs). It offers an investigation into each of the existing eight EEAs, the prospective European Public Prosecutor’s Office and how they enforce EU law vis-à-vis private actors together with relevant national enforcement authorities. The study focuses on the interplay between political accountability and judicial protection in the system of shared direct enforcement. It offers a comparative investigation into the EU-national interrelationship in the field of shared enforcement and shows the need for improvement of democratic control and judicial protection in the area of ‘shared tasks, but separated controls’. Expert contributors analyse these issues in relation to specific sectors, including financial/banking supervision, aviation, food law, fisheries, fraud, financial interests of the European Union, competition law and pharmaceuticals. This detailed book includes insights from both academics and practitioners, drawing on different national backgrounds and subject specialisms. It provides an important resource for researchers of EU law and governance and officials in the field of enforcement.
Law, Engineering, and the American Right-of-Way: Imagining a More Just Street
by David PrytherchThis book explores the geography of the everyday roadway and contemplates how regulation and design shape our streets. People may question the hegemony of cars, but reimagining public streets is a major conceptual and technical challenge. Drawing from “new mobilities” and transport studies, Prytherch addresses how streets are structured by policy standards; what it means to have a right to the street; and how a more just street would look—in both theory and practice. He summarizes key traffic statutes, case laws, and engineering manuals, and interprets these in relation to mobility rights and justice. At its core, the book moves beyond criticism to highlight emerging movements which aim to develop more complete and livable streets for everyone.
Law, Engineering, and the American Right-of-Way: Imagining a More Just Street
by David PrytherchThis book explores the geography of the everyday roadway and contemplates how regulation and design shape our streets. People may question the hegemony of cars, but reimagining public streets is a major conceptual and technical challenge. Drawing from “new mobilities” and transport studies, Prytherch addresses how streets are structured by policy standards; what it means to have a right to the street; and how a more just street would look—in both theory and practice. He summarizes key traffic statutes, case laws, and engineering manuals, and interprets these in relation to mobility rights and justice. At its core, the book moves beyond criticism to highlight emerging movements which aim to develop more complete and livable streets for everyone.
Law, Ethics and Emerging Military Technologies: Confronting Disruptive Innovation (War, Conflict and Ethics)
by George LucasThis book addresses issues of legal and moral governance arising in the development, deployment, and eventual uses of emerging technologies in military operations. Proverbial wisdom has it that law and morality always lag behind technological innovation. Hence, the book aims to identify, enumerate, and constructively address the problems of adequate governance for the development, deployment, and eventual uses of military technologies that have been newly introduced into military operations or which will be available in the near future. Proposals for modifications in governance, the book argues, closely track the anxieties of many critics of these technologies to the extent that they will proliferate, prove destructive in unanticipated ways, and partially or wholly escape regulation under current treaties and regulatory regimes. In addition to such concerns in domestic and especially in international law, the book addresses ethical norms in the professions involved in the design and eventual use of specific technologies, principally involving the professional norms of practice in engineering and the military (as well as biomedical and health care practice), which impose moral obligations on their members to avoid reckless endangerment or criminal negligence in the course of their activities. Thus, in addition to exploring the application of existing legal regimes and moral norms, the book examines how these professions might develop or improve the voluntary constraints on forms of malfeasance that are enshrined in their histories and codes of best practices. This book should prove of great interest to students of ethics, military studies, philosophy of war and peace, law, and international relations.
Law, Ethics and Emerging Military Technologies: Confronting Disruptive Innovation (War, Conflict and Ethics)
by George LucasThis book addresses issues of legal and moral governance arising in the development, deployment, and eventual uses of emerging technologies in military operations. Proverbial wisdom has it that law and morality always lag behind technological innovation. Hence, the book aims to identify, enumerate, and constructively address the problems of adequate governance for the development, deployment, and eventual uses of military technologies that have been newly introduced into military operations or which will be available in the near future. Proposals for modifications in governance, the book argues, closely track the anxieties of many critics of these technologies to the extent that they will proliferate, prove destructive in unanticipated ways, and partially or wholly escape regulation under current treaties and regulatory regimes. In addition to such concerns in domestic and especially in international law, the book addresses ethical norms in the professions involved in the design and eventual use of specific technologies, principally involving the professional norms of practice in engineering and the military (as well as biomedical and health care practice), which impose moral obligations on their members to avoid reckless endangerment or criminal negligence in the course of their activities. Thus, in addition to exploring the application of existing legal regimes and moral norms, the book examines how these professions might develop or improve the voluntary constraints on forms of malfeasance that are enshrined in their histories and codes of best practices. This book should prove of great interest to students of ethics, military studies, philosophy of war and peace, law, and international relations.
Law, Ethics, and the War on Terror (War and Conflict in the Modern World #5)
by Matthew EvangelistaIn recent years the mass murder of thousands of innocent civilians by al Qaeda terrorists has plumbed the depths of criminality and immorality. Yet it is the response to those attacks, particularly by the United States, that has provoked widespread accusations that the anti-terrorist cure may be worse than the terrorist disease. This book explores the key legal and ethical controversies that arose in the wake of the brutal attacks of 11 September 2001. After the Cold War, progress in human rights and limitations on warfare created an impression that "global civil society" had emerged to challenge the dominance of states and establish new norms to guide their behavior. The events of 9/11, however, witnessed a reassertion of state prerogatives, reflected in challenges to the Geneva Conventions and the stigma against torture. Focusing on core debates about preventive war and the implications of targeted assassination, kidnapping, indefinite detention, and the torture of suspected terrorists, Evangelista asks whether state practice will further undermine the very norms of international law and morality, or whether efforts to combat terrorism can be brought back into conformity with ethical and legal standards.
Law, Ethics, and the War on Terror (War and Conflict in the Modern World)
by Matthew EvangelistaIn recent years the mass murder of thousands of innocent civilians by al Qaeda terrorists has plumbed the depths of criminality and immorality. Yet it is the response to those attacks, particularly by the United States, that has provoked widespread accusations that the anti-terrorist cure may be worse than the terrorist disease. This book explores the key legal and ethical controversies that arose in the wake of the brutal attacks of 11 September 2001. After the Cold War, progress in human rights and limitations on warfare created an impression that "global civil society" had emerged to challenge the dominance of states and establish new norms to guide their behavior. The events of 9/11, however, witnessed a reassertion of state prerogatives, reflected in challenges to the Geneva Conventions and the stigma against torture. Focusing on core debates about preventive war and the implications of targeted assassination, kidnapping, indefinite detention, and the torture of suspected terrorists, Evangelista asks whether state practice will further undermine the very norms of international law and morality, or whether efforts to combat terrorism can be brought back into conformity with ethical and legal standards.
Law Express: Human Rights (Law Express)
by Claire De ThanTried and tested by undergraduate law students across the UK. 94% of students polled agree that Law Express helps them to revise effectively and take exams with confidence. 88% agree that Law Express helps them to understand key concepts quickly. Make your answer stand out with Law Express, the UK’s bestselling law revision series. Review the key cases, statutes and legal terms you need to know for your exam. Improve your exam performance with helpful advice on effective revision. Maximise your marks with tips for advanced thinking and further debate. Avoid losing marks by understanding common pitfalls. Practise answering sample questions and find guidance for structuring strong answers. Hone your exam technique further with additional study materials on the companion website.
Law Express: Human Rights (Law Express)
by Claire De ThanJOIN OVER HALF A MILLION STUDENTS WHO CHOSE TO REVISE WITH LAW EXPRESS Revise with the help of the UK’s bestselling law revision series. Features:· Review essential cases, statutes, and legal terms before exams.· Assess and approach the subject by using expert advice.· Gain higher marks with tips for advanced thinking and further discussions.· Avoid common pitfalls with Don’t be tempted to.· Practice answering sample questions and discover additional resources on the Companion website. www.pearsoned.co.uk/lawexpress
Law Express: Human Rights (Revision Guide)
by Claire De Than Edwin ShortsTried and tested by undergraduate law students across the UK. ‘All the vital information you need – definitely the best revision guides on the market.’Nayiri Keshishi, law student, Kingston University The Law Express series is tailored to help you revise effectively. Understand essential concepts, remember and apply key legislation and make your answers stand out!
The Law for Energy Prosumers: The Case of the Netherlands, New Zealand and Colombia
by Daniela Aguilar AbaunzaThis book argues that law has a vital role in shaping the electricity system to enable a more active role for consumers in liberalizsed electricity industries. To do that, this book offers a unique legal perspective of the Netherlands, New Zealand and Colombia to help understand some of the current legal approaches to prosumers and therefore the legal challenges and opportunities facing. Law and regulation have the role of creating a level playing field for emerging participants, such as prosumers, to participate and compete in the market together with traditional actors, bringing not only more competition but also representing a more sustainable, environmental and democratic way to supply energy. Furthermore, law and regulation have the role of responding to innovation and creating space for technological advances to procure the changes in the industry without delay. This book examines some of the legal barriers for the raise of energy prosumers. The traditional role of the distributor when responding to increasing distributed generation in the network; prosumers unable to decide to whom they can sell their electricity to; the price of the energy or even whether to participate more actively in demand response programs. A further issue is the lack of clarity about whether small prosumers are entitled to consumer protection rights and legal challenges regarding configuration, access to the network, access to markets and strict unbundling rules for community energy projects. This book provides a clear, analytical, and informed approach to understanding the regulatory framework around energy prosumers. It will appeal to policy makers, lawyers, individuals, business entrepreneurs or communities wanting to engage in energy projects, as well as academics, researchers and students
Law for Social Work Practice: Working with Vulnerable Adults
by Robert Johns Andrew SedgwickIn adopting an innovative case-study approach to social work law and practice, this text fills a genuine need for a book which applies legal knowledge to the practice predicaments social workers face in their daily work. Focusing on an area of law not covered in depth in standard texts currently available, it offers clear and accessible coverage of care in the community and protection of the most vulnerable in our society in a stimulating practice-focused way.
Law for Student Police Officers
by Jill Davey Jennifer Bigmore Keith BrownThis book provides a comprehensive examination of all the required areas of criminal and policing law, with explicit links to the National Occupational Standards. Chapters open with clear objectives and include regular revision notes, knowledge check questions and answers and practical activities. This second edition has been fully revised to expand the content, take account of recent changes and reflect the latest legislation. In particular there is a new chapter on PCSOs, the sections on police powers, roads policing, animals and evidence have been updated and the issue of diversity has been woven into an increased number of scenarios.
Law, History, and Justice: Debating German State Crimes in the Long Twentieth Century
by Annette WeinkeSince the nineteenth century, the development of international humanitarian law has been marked by complex entanglements of legal theory, historical trauma, criminal prosecution, historiography, and politics. All of these factors have played a role in changing views on the applicability of international law and human-rights ideas to state-organized violence, which in turn have been largely driven by transnational responses to German state crimes. Here, Annette Weinke gives a groundbreaking long-term history of the political, legal and academic debates concerning German state and mass violence in the First World War, during the National Socialist era and the Holocaust, and under the GDR.