- Table View
- List View
The Enlightenment that Failed: Ideas, Revolution, and Democratic Defeat, 1748-1830
by Jonathan I. IsraelThe Enlightenment that Failed explores the growing rift between those Enlightenment trends and initiatives that appealed exclusively to elites and those aspiring to enlighten all of society by raising mankind's awareness, freedoms, and educational level generally. Jonathan I. Israel explains why the democratic and radical secularizing tendency of the Western Enlightenment, after gaining some notable successes during the revolutionary era (1775-1820) in numerous countries, especially in Europe, North America, and Spanish America, ultimately failed. He argues that a populist, Robespierriste tendency, sharply at odds with democratic values and freedom of expression, gained an ideological advantage in France, and that the negative reaction this generally provoked caused a more general anti-Enlightenment reaction, a surging anti-intellectualism combined with forms of religious revival that largely undermined the longings of the deprived, underprivileged, and disadvantaged, and ended by helping, albeit often unwittingly, conservative anti-Enlightenment ideologies to dominate the scene. The Enlightenment that Failed relates both the American and the French revolutions to the Enlightenment in a markedly different fashion from how this is usually done, showing how both great revolutions were fundamentally split between bitterly opposed and utterly incompatible ideological tendencies. Radical Enlightenment, which had been an effective ideological challenge to the prevailing monarchical-aristocratic status quo, was weakened, then almost entirely derailed and displaced from the Western consciousness, in the 1830s and 1840s by the rise of Marxism and other forms of socialism.
Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified
International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.
Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified
by Steffen Hindelang and Markus KrajewskiInternational investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.
The Oxford Handbook of the Australian Constitution (Oxford Handbooks)
Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in global perspective. The chapters of the Handbook are arranged in seven thematically-grouped parts. The first, 'Foundations', deals with aspects of Australian history which have influenced constitutional arrangements. The second, 'Constitutional Domain', addresses the interaction between the constitution and other relevant legal systems and orders, including the common law, international law, and state constitutions. The third, 'Themes', identifies themes of special constitutional significance, including the legitimacy of the constitution, citizenship, and republicanism. The fourth, 'Practice and Process', deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian Constitutional system: 'Separation of Powers', 'Federalism', and the 'Protection of Rights.' Written by a team of experts drawn from academia and practice, the Handbook provides Australian and international readers alike with a reliable source of knowledge, understanding, and insight into the Australian Constitution.
The Oxford Handbook of the Australian Constitution (Oxford Handbooks)
by Cheryl Saunders and Adrienne StoneConstitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in global perspective. The chapters of the Handbook are arranged in seven thematically-grouped parts. The first, 'Foundations', deals with aspects of Australian history which have influenced constitutional arrangements. The second, 'Constitutional Domain', addresses the interaction between the constitution and other relevant legal systems and orders, including the common law, international law, and state constitutions. The third, 'Themes', identifies themes of special constitutional significance, including the legitimacy of the constitution, citizenship, and republicanism. The fourth, 'Practice and Process', deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian Constitutional system: 'Separation of Powers', 'Federalism', and the 'Protection of Rights.' Written by a team of experts drawn from academia and practice, the Handbook provides Australian and international readers alike with a reliable source of knowledge, understanding, and insight into the Australian Constitution.
Managing Diversity through Non-Territorial Autonomy: Assessing Advantages, Deficiencies, and Risks (Minorities & Non-territorial Autonomy)
Non-territorial autonomy (NTA) is a statecraft tool that is increasingly gaining importance in societies seeking to accommodate demands by ethno-cultural groups for a voice in cultural affairs important to the protection and preservation of their identity, such as language, education, and religion. As states recognize the specific rights of identity minorities in multicultural and multi-ethnic societies, they are faced with a need to improve their diversity management regimes. NTA offers policy-makers a range of options for institutional design adaptable to specific circumstances and historical legacies. It devolves degrees of power through legal frameworks and institutions in specific areas of ethno-cultural life, while maintaining social unity at the core level of society. Throughout Europe and North America, NTA exists and is implemented at a state, regional, and local level. Much has been written about the concept of autonomy and its usage as a statecraft tool in states facing regional division, but little literature addresses its non-territorial institutional and public administration functions. This edited volume seeks to fill this gap. Managing Diversity through Non-Territorial Autonomy: Assessing Advantages, Deficiencies, and Risks, carves a space for contextual knowledge production on NTA in law, as well as social and political sciences. Contextual knowledge involves a description of institutions and their functionality as well as of the institutional and legal frames protecting these. What are the institutions, bodies, and functions that ethno-cultural groups can draw on when seeking to have a voice over their own affairs, as well as over issues in society related to their identity production? How are these entities incorporated and empowered to have a voice? What degree of voice do they have, and how are they designed to project this voice? Thus, contextual knowledge also involves critical assessment and risk analysis as well as penetrating insights as to the unintended consequences and hidden agendas that may inform NTA policies. This volume is to provide both policy-makers and ethno-cultural groups with a tool-kit that promotes social cohesion while respecting diversity. This is the first volume in a series of five which will examine the protection and representation of minorities through non-territorial means.
Managing Diversity through Non-Territorial Autonomy: Assessing Advantages, Deficiencies, and Risks (Minorities & Non-territorial Autonomy)
by Tove H. Malloy, Alexander Osipov and Balázs ViziNon-territorial autonomy (NTA) is a statecraft tool that is increasingly gaining importance in societies seeking to accommodate demands by ethno-cultural groups for a voice in cultural affairs important to the protection and preservation of their identity, such as language, education, and religion. As states recognize the specific rights of identity minorities in multicultural and multi-ethnic societies, they are faced with a need to improve their diversity management regimes. NTA offers policy-makers a range of options for institutional design adaptable to specific circumstances and historical legacies. It devolves degrees of power through legal frameworks and institutions in specific areas of ethno-cultural life, while maintaining social unity at the core level of society. Throughout Europe and North America, NTA exists and is implemented at a state, regional, and local level. Much has been written about the concept of autonomy and its usage as a statecraft tool in states facing regional division, but little literature addresses its non-territorial institutional and public administration functions. This edited volume seeks to fill this gap. Managing Diversity through Non-Territorial Autonomy: Assessing Advantages, Deficiencies, and Risks, carves a space for contextual knowledge production on NTA in law, as well as social and political sciences. Contextual knowledge involves a description of institutions and their functionality as well as of the institutional and legal frames protecting these. What are the institutions, bodies, and functions that ethno-cultural groups can draw on when seeking to have a voice over their own affairs, as well as over issues in society related to their identity production? How are these entities incorporated and empowered to have a voice? What degree of voice do they have, and how are they designed to project this voice? Thus, contextual knowledge also involves critical assessment and risk analysis as well as penetrating insights as to the unintended consequences and hidden agendas that may inform NTA policies. This volume is to provide both policy-makers and ethno-cultural groups with a tool-kit that promotes social cohesion while respecting diversity. This is the first volume in a series of five which will examine the protection and representation of minorities through non-territorial means.
Financing Company Group Restructurings
This book provides the first comprehensive treatment of out-of-court restructuring and post-commencement insolvency financing in the corporate group setting, domestically and internationally. Bringing together a collection of distinguished contributors-academics and practitioners at the forefront of insolvency practice and law reform efforts-the book addresses and critiques "state of the art" practice and work-arounds for financing out-of-court restructurings as well as judicial reorganisations, going-concern liquidations and administration proceedings of financially distressed global business groups. The book opens with a detailed introduction from the editors which provides an overview of domestic law issues and an exploration of principles guiding judicial and administrative cooperation to facilitate group financing in cross-border cases. The final section analyzes regional and global law reform and harmonisation progress to date. This book is a valuable resource for practitioners who must structure (and courts that must approve) financing for global enterprise groups in reorganisation. With another wave of global corporate group failures anticipated, practitioners, courts and policy makers are well served by a work describing cutting-edge advances in this field in domestic and cross-border cases.
Financing Company Group Restructurings
by Gregor Baer and Karen O’FlynnThis book provides the first comprehensive treatment of out-of-court restructuring and post-commencement insolvency financing in the corporate group setting, domestically and internationally. Bringing together a collection of distinguished contributors-academics and practitioners at the forefront of insolvency practice and law reform efforts-the book addresses and critiques "state of the art" practice and work-arounds for financing out-of-court restructurings as well as judicial reorganisations, going-concern liquidations and administration proceedings of financially distressed global business groups. The book opens with a detailed introduction from the editors which provides an overview of domestic law issues and an exploration of principles guiding judicial and administrative cooperation to facilitate group financing in cross-border cases. The final section analyzes regional and global law reform and harmonisation progress to date. This book is a valuable resource for practitioners who must structure (and courts that must approve) financing for global enterprise groups in reorganisation. With another wave of global corporate group failures anticipated, practitioners, courts and policy makers are well served by a work describing cutting-edge advances in this field in domestic and cross-border cases.
Agency Law in Commercial Practice
This book explores a range of problems in the application of agency law in commercial practice. Moving beyond the limited introductory resources currently available, it "tests" abstract agency law concepts in specific commercial contexts, with reference to jurisdictions around the world. There is an enduring commonality of concepts and principles within agency law, both within the Commonwealth and within the jurisdictions of the United States. The book's comparative approach, drawing together analysis of national and international jurisdictions, provides innovative perspectives and insights, as well as practical guidance on solving commercial problems. The book opens with a detailed introductory chapter which provides a broad overview of the agency issues arising in specific commercial contexts. The subsequent chapters are grouped thematically: company law, financial transactions and services, sale of goods; as well as agency in procedural contexts. Topics covered include the role of the director and directorial board in company law and agency law, agency in shipping law, undisclosed principal in sale of goods cases, regulation of conflicts of interest in securities transactions, poseur-agents and transactional intermediation, the operation of agency in retail financial services, the agent's warranty of authority, and power of attorney. This book is an invaluable resource on both agency theory and commercial practice.
Agency Law in Commercial Practice
by Danny Busch, Laura Macgregor and Peter WattsThis book explores a range of problems in the application of agency law in commercial practice. Moving beyond the limited introductory resources currently available, it "tests" abstract agency law concepts in specific commercial contexts, with reference to jurisdictions around the world. There is an enduring commonality of concepts and principles within agency law, both within the Commonwealth and within the jurisdictions of the United States. The book's comparative approach, drawing together analysis of national and international jurisdictions, provides innovative perspectives and insights, as well as practical guidance on solving commercial problems. The book opens with a detailed introductory chapter which provides a broad overview of the agency issues arising in specific commercial contexts. The subsequent chapters are grouped thematically: company law, financial transactions and services, sale of goods; as well as agency in procedural contexts. Topics covered include the role of the director and directorial board in company law and agency law, agency in shipping law, undisclosed principal in sale of goods cases, regulation of conflicts of interest in securities transactions, poseur-agents and transactional intermediation, the operation of agency in retail financial services, the agent's warranty of authority, and power of attorney. This book is an invaluable resource on both agency theory and commercial practice.
How China is Reshaping the Global Economy: Development Impacts in Africa and Latin America
by Rhys JenkinsChina's growing economic involvement in Sub-Saharan Africa and Latin America has been a source of major controversy. The official Chinese position maintains that the growth of bilateral relations is of mutual benefit and provides a good example of South-South cooperation. Critics on the other hand see the economic relations between China and other developing countries as highly unequal with most of the benefits accruing to China and a few local elites. They also point to negative socio-economic, political, and environmental consequences. How China is Reshaping the Global Economy: Development Impacts in Africa and Latin-America throws more light on these controversies through a comparative study of China's impact on the two regions. It looks not just at bilateral relations between China and the two regions but also analyses the changes in the global economy brought about as a result of the shift in economic activity from North America and Western Europe to Asia. How China is Reshaping the Global Economy looks at the factors which led to rapid economic growth in China and the way in which this has affected global manufacturing, commodity markets, the international presence of Chinese companies, and financial glows. It examines the different forms of Chinese economic involvement in Sub-Saharan Africa and Latin America, the main drivers, and economic, social, political, and environmental consequences. It ends with a comparison of the two regions that highlights the importance of different histories and political and institutional contexts in determining the impacts of China.
Liberty, Equality, and Humbug: Orwell's Political Ideals
by David DwanGeorge Orwell is watching you and you're watching him. Britain pays its respects in the form of the Orwell Prize, the Orwell Lecture, and, more recently, Orwell Day. A statue of Orwell now stands outside Broadcasting House in London and he continues to tower over broadsheet journalism. His ghost is repeatedly summoned in the houses of Parliament and in schools across Britain. In Europe and the US, citizens confront the perennial question: "What would Orwell say?" Orwell is part of the political vocabulary of our times, yet partly due to this popularity, what he stands for remains opaque. His writing confirms deep and widely shared intuitions about political justice, but much of its enduring fascination derives from the fact that these intuitions don't quite add up. David Dwan accounts for these inconsistencies by exploring the broader moral conflict at the centre of Orwell's work and the troubled idealism it yields. Examining the whole sweep of Orwell's writings, this book shows how literature can be a rich source of political wisdom.
The Moral Responsibility of Firms
Individuals are generally considered morally responsible for their actions. Who or what is responsible when those individuals become part of business organizations? Can we correctly ascribe moral responsibility to the organization itself? If so, what are the grounds for this claim and to what extent do the individuals also remain morally responsible? If not, does moral responsibility fall entirely to specific individuals within the organization and can they be readily identified? A perennial question in business ethics has concerned the extent to which business organizations can be correctly said to have moral responsibilities and obligations. In philosophical terms, this is a question of "corporate moral agency." Whether firms can be said to be moral agents and to have the capacity for moral responsibility has significant practical consequences. In most legal systems in the world, business firms are recognized as "persons" with the ability to own property, to maintain and defend lawsuits, and to self-organize governance structures. To recognize that these "business persons" can also act morally or immorally as organizations, however, would justify the imposition of other legal constraints and normative expectations on organizations. In the criminal law, for example, the idea that an organized firm may itself have criminal culpability is accepted in many countries (such as the United States) but rejected in others (such as Germany). This book collects new contributions by leading business scholars in business ethics, philosophy, and related disciplines to extend our understanding of the "moral responsibility of firms."
Luther's Jews: A Journey into Anti-Semitism
by Thomas KaufmannIf there was one person who could be said to light the touch-paper for the epochal transformation of European religion and culture that we now call the Reformation, it was Martin Luther. And Luther and his followers were to play a central role in the Protestant world that was to emerge from the Reformation process, both in Germany and the wider world. In all senses of the term, this religious pioneer was a huge figure in European history. Yet there is also the very uncomfortable but at the same time undeniable fact that he was an anti-semite. Written by one of the world's leading authorities on the Reformation, this is the vexed and sometimes shocking story of Martin Luther's increasingly vitriolic attitude towards the Jews over the course of his lifetime, set against the backdrop of a world in religious turmoil. A final chapter then reflects on the extent to which the legacy of Luther's anti-semitism was to taint the Lutheran church over the following centuries. Scheduled for publication on the five hundredth anniversary of the Reformation's birth, in light of the subsequent course of German history it is a tale both sobering and ominous in equal measure.
Luther's Jews: A Journey into Anti-Semitism
by Thomas KaufmannIf there was one person who could be said to light the touch-paper for the epochal transformation of European religion and culture that we now call the Reformation, it was Martin Luther. And Luther and his followers were to play a central role in the Protestant world that was to emerge from the Reformation process, both in Germany and the wider world. In all senses of the term, this religious pioneer was a huge figure in European history. Yet there is also the very uncomfortable but at the same time undeniable fact that he was an anti-semite. Written by one of the world's leading authorities on the Reformation, this is the vexed and sometimes shocking story of Martin Luther's increasingly vitriolic attitude towards the Jews over the course of his lifetime, set against the backdrop of a world in religious turmoil. A final chapter then reflects on the extent to which the legacy of Luther's anti-semitism was to taint the Lutheran church over the following centuries. Scheduled for publication on the five hundredth anniversary of the Reformation's birth, in light of the subsequent course of German history it is a tale both sobering and ominous in equal measure.
Time Series and Panel Data Econometrics
by M. Hashem PesaranThis book is concerned with recent developments in time series and panel data techniques for the analysis of macroeconomic and financial data. It provides a rigorous, nevertheless user-friendly, account of the time series techniques dealing with univariate and multivariate time series models, as well as panel data models. It is distinct from other time series texts in the sense that it also covers panel data models and attempts at a more coherent integration of time series, multivariate analysis, and panel data models. It builds on the author's extensive research in the areas of time series and panel data analysis and covers a wide variety of topics in one volume. Different parts of the book can be used as teaching material for a variety of courses in econometrics. It can also be used as reference manual. It begins with an overview of basic econometric and statistical techniques, and provides an account of stochastic processes, univariate and multivariate time series, tests for unit roots, cointegration, impulse response analysis, autoregressive conditional heteroskedasticity models, simultaneous equation models, vector autoregressions, causality, forecasting, multivariate volatility models, panel data models, aggregation and global vector autoregressive models (GVAR). The techniques are illustrated using Microfit 5 (Pesaran and Pesaran, 2009, OUP) with applications to real output, inflation, interest rates, exchange rates, and stock prices.
A Practical Approach to Family Law (A Practical Approach)
by The Right Black DBE Jane Bridge Tina Bond Liam Gribbin Madeleine Reardon Penelope GrewcockFamily Law practice has undergone a period of rapid and significant change with the removal of legal aid funding and the establishment of the single Family Court in particular represent major adjustment for those working in the field. A Practical Approach to Family Law provides a clear picture of the law and practice relating to family proceedings in the family court, county courts, and the High Court. Its breadth of coverage and accessible style has made it an essential resource for students and practitioners alike. In an area which continues to evolve this text is a trusted and reliable resource for busy practitioners. It's clear and accessible style make it an ideal tool for both students on LPC and ILEX courses and those in practice. Providing practical advice on the application of legal principles alongside helpful summaries the text gives a detailed overview of a broad range of family law issues. Written by a respected and authoritative team, the tenth edition of A Practical Approach to Family Law has been fully updated to take account of recent developments including the changes to legal aid for family cases and the introduction of the single family court; new rules on the instruction of experts; new approach to care proceedings and court-enforced timetable to avoid delay; and the replacement of residence and contact orders with child arrangements orders. There is also increased coverage of adoption alongside key material on mediation, child support and welfare benefits. Very much a practical guide, the book makes extensive use of examples and key documents to assist the busy practitioner and student. With additional advice on library, information, and professional development resources, A Practical Approach to Family Law provides real assistance in dealing with this dynamic area of law. The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law and provides a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promotes clarity and ease of understanding.
A Practical Approach to Family Law (A Practical Approach)
by Madeleine Reardon Tina Bond Liam Gribbin Penelope Grewcock Jane Bridge The Right Black DBEFamily Law practice has undergone a period of rapid and significant change with the removal of legal aid funding and the establishment of the single Family Court in particular represent major adjustment for those working in the field. A Practical Approach to Family Law provides a clear picture of the law and practice relating to family proceedings in the family court, county courts, and the High Court. Its breadth of coverage and accessible style has made it an essential resource for students and practitioners alike. In an area which continues to evolve this text is a trusted and reliable resource for busy practitioners. It's clear and accessible style make it an ideal tool for both students on LPC and ILEX courses and those in practice. Providing practical advice on the application of legal principles alongside helpful summaries the text gives a detailed overview of a broad range of family law issues. Written by a respected and authoritative team, the tenth edition of A Practical Approach to Family Law has been fully updated to take account of recent developments including the changes to legal aid for family cases and the introduction of the single family court; new rules on the instruction of experts; new approach to care proceedings and court-enforced timetable to avoid delay; and the replacement of residence and contact orders with child arrangements orders. There is also increased coverage of adoption alongside key material on mediation, child support and welfare benefits. Very much a practical guide, the book makes extensive use of examples and key documents to assist the busy practitioner and student. With additional advice on library, information, and professional development resources, A Practical Approach to Family Law provides real assistance in dealing with this dynamic area of law. The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law and provides a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promotes clarity and ease of understanding.
Bullying and Behavioural Conflict at Work: The Duality of Individual Rights (Oxford Labour Law)
by Lizzie BarmesIn an empirical study of the interaction between law, adjudication, and conflicts about behaviour in the workplace, Lizzie Barmes analyses how labour and equality rights operate in practice in the UK. Arguing that individual employment rights have a Janus-faced quality, simultaneously challenging and sustaining existing distributions of power between management and employees, she calls for legal intervention at work to focus on resolving tensions between collective and individual concerns across the range of workplaces, and to stimulate the expression and reconciliation of different viewpoints in the implementation and enforcement of individual legal entitlements. Based on extensive primary research, the volume surveys and analyses experiences and attitudes towards negative behaviour in the workplace, and explains relevant employment and equality law as it has developed from 1995 to the present day, covering the major case law and legislative developments over this time. This book provides qualitative analysis of authoritative UK judgments about behavioural conflict at work from 1995 to 2010, as well as of interviews with senior managers and senior lawyers, allowing the reader first-hand insight into the influence of law and legal process on problems and conflict at work.
Bullying and Behavioural Conflict at Work: The Duality of Individual Rights (Oxford Labour Law)
by Lizzie BarmesIn an empirical study of the interaction between law, adjudication, and conflicts about behaviour in the workplace, Lizzie Barmes analyses how labour and equality rights operate in practice in the UK. Arguing that individual employment rights have a Janus-faced quality, simultaneously challenging and sustaining existing distributions of power between management and employees, she calls for legal intervention at work to focus on resolving tensions between collective and individual concerns across the range of workplaces, and to stimulate the expression and reconciliation of different viewpoints in the implementation and enforcement of individual legal entitlements. Based on extensive primary research, the volume surveys and analyses experiences and attitudes towards negative behaviour in the workplace, and explains relevant employment and equality law as it has developed from 1995 to the present day, covering the major case law and legislative developments over this time. This book provides qualitative analysis of authoritative UK judgments about behavioural conflict at work from 1995 to 2010, as well as of interviews with senior managers and senior lawyers, allowing the reader first-hand insight into the influence of law and legal process on problems and conflict at work.
The Realm of Criminal Law (Criminalization)
by R A DuffWe are said to face a crisis of over-criminalization: our criminal law has become chaotic, unprincipled, and over-expansive. This book proposes a normative theory of criminal law, and of criminalization, that shows how criminal law could be ordered, principled, and restrained. The theory is based on an account of criminal law as a distinctive legal practice that functions to declare and define a set of public wrongs, and to call to formal public account those who commit such wrongs; an account of the role that such practice can play in a democratic republic of free and equal citizens; and an account of the central features of such a political community, and of the way in which it constitutes its public realm-its civil order. Criminal law plays an important, but limited, role in such a political community in protecting, but also partly constituting, its civil order. On the basis of this account, we can see how such a political community will decide what kinds of conduct should be criminalized - not by applying one or more of the substantive master principles that theorists have offered, but by considering which kinds of conduct fall within its public realm (as distinct from the private realms that are not the polity's business), and which kinds of wrong within that realm require this distinctive kind of response (rather than one of the other kinds of available response). The outcome of such a deliberative process will probably be a more limited, and a more rational and principled, criminal law.
The Realm of Criminal Law (Criminalization)
by R A DuffWe are said to face a crisis of over-criminalization: our criminal law has become chaotic, unprincipled, and over-expansive. This book proposes a normative theory of criminal law, and of criminalization, that shows how criminal law could be ordered, principled, and restrained. The theory is based on an account of criminal law as a distinctive legal practice that functions to declare and define a set of public wrongs, and to call to formal public account those who commit such wrongs; an account of the role that such practice can play in a democratic republic of free and equal citizens; and an account of the central features of such a political community, and of the way in which it constitutes its public realm-its civil order. Criminal law plays an important, but limited, role in such a political community in protecting, but also partly constituting, its civil order. On the basis of this account, we can see how such a political community will decide what kinds of conduct should be criminalized - not by applying one or more of the substantive master principles that theorists have offered, but by considering which kinds of conduct fall within its public realm (as distinct from the private realms that are not the polity's business), and which kinds of wrong within that realm require this distinctive kind of response (rather than one of the other kinds of available response). The outcome of such a deliberative process will probably be a more limited, and a more rational and principled, criminal law.
Making the Modern Criminal Law: Criminalization and Civil Order (Criminalization)
by Lindsay FarmerThe Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? This, the fifth book in the series, offers a historical and conceptual account of the development of the modern criminal law in England and as it has spread to common law jurisdictions around the world. The book offers a historical perspective on the development of theories of criminalization. It shows how the emergence of theories of criminalization is inextricably linked to modern understandings of the criminal law as a conceptually distinct body of rules, and how this in turn has been shaped by the changing functions of criminal law as an instrument of government in the modern state. The book is structured in two main parts. The first traces the development of the modern law as a distinct, and conceptually distinct body of rules, looking in particular at ideas of jurisdiction, codification and responsibility. The second part then engages in detailed analysis of specific areas of criminal law, focusing on patterns of criminalization in relation to property, the person, and sexual conduct.
Making the Modern Criminal Law: Criminalization and Civil Order (Criminalization)
by Lindsay FarmerThe Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? This, the fifth book in the series, offers a historical and conceptual account of the development of the modern criminal law in England and as it has spread to common law jurisdictions around the world. The book offers a historical perspective on the development of theories of criminalization. It shows how the emergence of theories of criminalization is inextricably linked to modern understandings of the criminal law as a conceptually distinct body of rules, and how this in turn has been shaped by the changing functions of criminal law as an instrument of government in the modern state. The book is structured in two main parts. The first traces the development of the modern law as a distinct, and conceptually distinct body of rules, looking in particular at ideas of jurisdiction, codification and responsibility. The second part then engages in detailed analysis of specific areas of criminal law, focusing on patterns of criminalization in relation to property, the person, and sexual conduct.