Law

Focusing on upholding constitutional values within the European Union, Governance of Automated Decision-Making and EU Law provides an in-depth exploration of how technological innovation shapes democratic governance in Europe, examining how information technologies impact rule-making and decision-making processes.

Designed as a manual, Lang's Guide will help mediators incorporate the values and habits of reflective practice into their professional work in order to become resilient, resourceful and competent practitioners. The book presents practical, easy-to-understand descriptions of practitioner thinking and the application of theory and core beliefs.

Essential reading for all students and researchers in philosophy. The Platonic Mind will also be of interest to those studying Plato in related disciplines such as politics, law, ancient history, literature, and religious studies.

Modern slavery laws are a response to global capitalism, which undermines the distinction between free and unfree labour and poses intense challenges to state sovereignty. Instead of being a solution, Constructing Modern Slavery argues that modern slavery laws divert attention from the underlying structures and processes that generate exploitation. Focusing on unfree labour associated with international immigration and global supply chains, it provides a novel socio-legal genealogy of the concept 'modern slavery' through a series of linked case studies of influential actors associated with key legal instruments: the United Nations, the United States, the International Labour Organization, the European Union, the United Kingdom, and Walk Free Foundation. Constructing Modern Slavery demonstrates that despite the best efforts of academics, advocates, and policymakers to develop a truly multifaceted approach to modern slavery, it is difficult to uncouple antislavery initiatives from the conservative moral and economic agendas with which they are aligned. This title is also available as Open Access on Cambridge Core.

Grow students' linguistic capital AND value their home languageIn Language of Identity, Language of Access, authors Michelle Benegas and Natalia Benjamin highlight the urgent need for a revolution in language education that validates home languages and dialects while equipping students with the linguistic tools for social mobility. Their original LILA framework rejects the socially constructed hierarchy of languages and provides students with a broader linguistic repertoire.This accessible and teacher-friendly guide presents an overview of this liberatory approach to language and literacy, an exploration of linguistically sustaining and expanding instruction, and practical guidance on designing lessons that attend to the language of identity and the language of access. Additional recurring features include: Voces provide real-life teacher experiences from the classroom Reflecciónes encourage educators to consider how principles and ideas relate to current practice and promote translanguaging Practical applications of theories (PATs) provide conceptual frameworks and lesson plans on various topics and activities. End of Chapter Conversaciónes encourage dialogue and enable educators to implement concepts in their classrooms.Offering a fresh perspective on academic language as a means to access power and social capital, Language of Identity, Language of Access is a guide for ALL educators committed to linguistically sustaining pedagogies and empowering students with linguistic capital for social mobility.

'The law of libel is the instrument of censorship by which dignity - too often pseudo-dignity - is to be upheld.' That is Michael Rubinstein's definition in his introduction to this lively and authoritative account Wicked, Wicked Libels (originally published in 1972) of the libel situation in Britain.

Soviet Russia Fights Crime (1934) examines the workings of the Soviet penal system in the pre-war years of the Soviet Union. It is a valuable insight into prison life in Soviet Russia, in both prisons and prison colonies, with the author being allowed remarkably free access to certain institutions.

This book addresses the theory and practice of transitional justice through the lens of masculinities and queer perspectives.

By combining legal and genealogical methodologies, this book details patriarchy's development in the West, enabling the reader to understand what it is. By reconstructing how patriarchy has been theorized in several disciplines and historical times, the book reflects on what has been done and remains to be done to de-patriarchalize the West.

This book critically analyzes the state-based regime of international law, eliciting its colonial and decolonial origins and proposing a new sub-regional basis for dealing with contemporary global challenges.

This book is about the interaction between biomedical engineering and ethics during emergencies, such as Low Resource Settings and Covid-19 pandemic. It addresses the issues between the universalism of human rights, ethical principles, regulatory standards of biomedical devices and the particular contextualism of emergency contexts.

This book draws on a range of theoretical frameworks to challenge the limited conception of subjectivity upon which human rights are based.

Offering a lively, international, and interdisciplinary introduction to research on arts programmes in prisons, this book is the first volume to bring together leading figures from the US, UK, Australia, New Zealand, and Belgium to explore key methodological approaches and issues through the lens of the researchers themselves.

Offering a lively, international, and interdisciplinary introduction to research on arts programmes in prisons, this book is the first volume to bring together leading figures from the US, UK, Australia, New Zealand, and Belgium to explore key methodological approaches and issues through the lens of the researchers themselves.

Author Katharina Boele-Woelki reports on her many years of teaching comparative law. This volume is addressed to (young) academics teaching comparative law and to all those interested in the questions of what, when, who, why and how. Three aspects need to be considered. In terms of the subject matter, the challenge is to focus either on the history and use of comparative law, on introductions to different legal systems, on teaching a particular area of law from a comparative perspective, or on comparative methodology. The latter should always be included, since it is only by knowing how to compare that a course in comparative law can develop its potential with lasting impact on students' future careers as legal scholars, lawyers or decision-makers. The expertise of the lecturer, the time available and the target group determine the environment which requires forethought and a flexible approach to course content and teaching format. With regard to the way in which comparative law is taught, four different methods are explained, based on the motto "learning by doing" explaining one's own jurisdiction to fellow-students, comparing on the basis of pre-selected material, comparing of comparative legal studies carried out by others and, finally, undertaking a comparative legal study by the students themselves. About the author: Katharina Boele-Woelki is Chair of the Commission on European Family Law and a member of the Curatorium of the Hague Academy of International Law. She was Professor of Private International Law, Comparative Law and Family Law at the University of Utrecht from 1995 to 2015, President of Bucerius Law School, Hamburg, from 2015 to 2023, Claussen-Simon Foundation Professor of Comparative Law at the same institution and President of the International Academy of Comparative Law from 2014 to 2022. About the Maastricht Law Series: Created in 2018 by Boom juridisch and Eleven International Publishing in association with the Maastricht University Faculty of Law, the Maastricht Law Series publishes books on comparative, European and International law. The series builds upon the tradition of excellence in research at the Maastricht Faculty of Law, its research centers and the Ius Commune Research School. The Maastricht Law Series is a peer reviewed bookseries that allows researchers an excellent opportunity to showcase their work.

In 2019, the European Parliament and the Council adopted the Preventive Restructuring Directive (2019/1023), providing for minimum harmonisation of, among others, preventive restructuring frameworks (PRF). This book provides in-depth analyses of its implementation in seven European countries: Austria, Denmark, France, Germany, Greece, The Netherlands, and the United Kingdom. Whereas Member States of the European Union were under a duty to complete implementation by July 2022, the United Kingdom took inspiration from it when voluntarily introducing reforms to its restructuring regime. This book covers detailed analyses of the new or reformed PRFs across Europe, including the objective and scope of a PRF, the criteria/test to enter a PRF, the involved actors, the possibilities for a stay, the plan, the possibilities for a debt-for-equity swap, the effects of a PRF on executory contracts and jurisdiction and recognition of court decisions taken during a PRF. Drawing on the domestic implementations, the book also presents a comparative study evaluating the different policy options implemented by domestic legislators. This book functions as an insightful source for practitioners, academics and policy makers. This book series is published under the aegis of the Leiden Business and Law Research Network (BLRN). This research and expertise network conducts research on the various aspects of doing business in the context of company and insolvency law. BLRN pays particular focus on topics such as corporate governance, corporate sustainability, mergers and acquisitions, and restructuring and insolvency.

This book is a compilation of papers written by research assistants, PhD students, and senior researchers working on the EVICT project, a European Research Council (ERC) Starting Grant project. The papers in this book enrich our conceptual understanding of the right to adequate housing by expanding on the typology of access rights, occupancy rights, and exit rights to housing. The authors traverse a diverse array of topics, shedding light on pressing issues such as housing shortages, challenges faced by students and minority groups in search of a home, the intricate link between domestic violence and homelessness, the dynamics of the black housing market, the criminalisation of homelessness, evictions, and the relationship between the right to housing and other human rights, such as the right to privacy and the right to property. The papers focus on a broad range of jurisdictions, such as France, Romania, Sweden, Turkey, the Netherlands, Bulgaria, Spain, the United States, and Azerbaijan. Navigating the Right to Housing is the fi fth volume in a series that aims to examine the various aspects of housing law from different academic and professional perspectives.

Uses a comparative perspective to demonstrate how informal institutions and relations shape the composition and performance of courts globally.

Procedural agreements hold the potential to effectively customise and expedite civil proceedings. However, their impact on access to justice, particularly for weaker litigants, and the potential erosion of the court's role raise significant concerns. Despite the growing acceptance of procedural contracts, it is still unclear how courts should interpret and when they should enforce these agreements. This book delves into the critical examination of choice-of-court, evidentiary, costs, appeal, and alternative dispute resolution agreements, offering a discussion on the boundaries between procedural and contract law. It interrogates the entanglements between procedural agreements, flexible procedural rules, case management, and the increasing complexity of litigated cases. Additionally, it examines the interrelations between procedural contracts and current trends in civil litigation, including the obligation of European courts to safeguard consumers against unfair terms and the emergence of international commercial courts. The book provides valuable insights on procedural agreements for both academics and practitioners, illuminating the dynamics of 'contractualisation', 'flexibilisation', 'diversification', and 'arbitralisation' of civil litigation.

This volume contains the proceedings of the 65th Colloquium on the Law of Outer Space held in September 2022, as well as the report of the IISL Standing Committee on the Status of International Agreements Relating to Activities in Outer Space.

Nation-states turn themselves to 'the law' to limit the presence of migrants without a legal status on their territory. Yet, they encounter several limitations that hinder them to make these migrants (forcedly) leave the country. Moreover, these migrants see themselves confronted with undesirable living conditions because of the law. This raises questions on the functioning of the law for unauthorized migrants. Unravelling unauthorized migrants' legal consciousness processes offers answers to the intriguing puzzle of how law matters to these migrants and how this is of concern for the law. Drawing on multi-sited ethnographic fieldwork among 105 (former) unauthorized migrants in the Netherlands, Surinam and Nigeria as well as participant observations in the Dutch immigration system, the study vividly portrays unauthorized migrants' legal consciousness processes over time. By doing so, it gives these people a voice in the migration debate and sheds new light on the powerful and powerless functioning of the law in this domain. By combining insights from anthropology, border criminology and socio-legal studies, the book exposes the legal, moral and instrumental limitations of the current use of the law towards unauthorized migrants.

This open access book is the first volume to provide an in-depth exploration of the potential of a rights-based approach to criminal law. The book presents a comprehensive treatment of the role of rights in criminal law, ranging from conceptual analysis to questions of justified criminalisation, to specific legal implications for substantive criminal law and criminal procedure. While it is often the case that legal philosophy and doctrinal research in law take place largely in isolated discourses, this book brings them together. The collection addresses the academic and practical questions that are related to individual entitlements protected by criminal law, including: - Who currently holds and who should hold a right not to be wronged by others? - Is it a violation of individual rights, rather than the infliction of harm, that constitutes a reason for criminalisation. - Does the idea of interpersonal legal relations contradict the public character of criminal law? The book provides a theoretical framework for the study of consent and sexual offences, investigates the background of ideas of restorative justice, and explores both the victim's and the offender's rights in prosecution and trial.In this way, it sheds new light on the theory of criminal law in the broader sense and makes a lasting contribution to the philosophy of law in general.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

This book offers a comprehensive understanding of Islamic financial regulation, outlining the regulatory landscape in various jurisdictions, examining how it supports the development and foundation of IFIs and addressing the regulation and supervision of IFIs from a global perspective.

This volume originates from the fourth Public Law Conference, held in Dublin in 2022. Leading scholars and judges from across the common law world presented papers on the making (and re-making) of public law across country studies, historical studies and studies of contemporary and future issues.The book has three broad categories of paper: country studies which consider the evolution of public law within a particular jurisdictional context; historical studies, which shed light on the foundations of public law; and studies of contemporary and future issues, namely populism, COVID-19, protection of Indigenous peoples, and the public-private divide.