Research into Law and Law & Society 2009 (UK)

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Routledge

New Titles and Key Backlist

Research in Law and Law & Society

2009

www.routledge.com/law


Research in Law and Law & Society New Titles and Key Backlist 2009

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USEFUL CONTACTS

CONTENTS

UK

COMPANY AND BUSINESS LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 COMPARATIVE LAW AND LEGAL SYSTEMS . . . . . . . . . . . . . . . . . . . . .3

Editorial Enquiries and Book Proposals

CONTRACT AND TORT LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Colin Perrin Commissioning Editor, Law and Society books colin.perrin@informa.com

Holly Davis Editorial Assistant, Law and Society books holly.davis@informa.com

CRIMINAL LAW AND EVIDENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Katie Carpenter Associate Editor, Routledge Research katherine.carpenter@informa.com

Khanam Virjee Editorial Assistant, Routledge Research khanam.virjee@informa.com

FAMILY LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17

Marketing Enquiries

General Enquiries

INTERNATIONAL LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27

David Armstrong Marketing Executive david.armstrong@informa.com

E-mail: law@routledge.com

LABOUR AND EMPLOYMENT LAW . . . . . . . . . . . . . . . . . . . . . . . . . .30

CRIMINOLOGY AND GOVERNANCE . . . . . . . . . . . . . . . . . . . . . . . . . .8 EUROPEAN LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 GENDER AND SEXUALITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 HUMAN RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 INTERNATIONAL ECONOMIC AND COMMERCIAL LAW . . . . . . . . . .22

LAND, PROPERTY AND PLANNING . . . . . . . . . . . . . . . . . . . . . . . . . .31 LAW GEOGRAPHY AND THE ENVIRONMENT . . . . . . . . . . . . . . . . . .32

Joanne Watkins Marketing Co-ordinator joanne.watkins@informa.com

LAW, GLOBALIZATION AND INTERNATIONAL DEVELOPMENT . . . . . .33 LAW, MEDIA AND CULTURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 LAW, POLITICS AND INTERNATIONAL RELATIONS . . . . . . . . . . . . . . .36 LEGAL THEORY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40

USA, CANADA AND LATIN AMERICA

MEDICAL ETHICS AND HEALTHCARE LAW . . . . . . . . . . . . . . . . . . . .48

Marketing Enquiries

RACE, ETHNICITY AND POST-COLONIALISM . . . . . . . . . . . . . . . . . . .52

Customer Services

David Wilfinger E-mail: cserv@routledge-ny.com Marketing Manager david.wilfinger@taylorandfrancis.com

RELIGION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 SOCIAL POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 JOURNALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 INDEX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58 ORDER FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .CENTRE PAGES

JOURNALS Editorial Enquiries

Marketing Enquiries

Philip Angell Managing Editor philip.angell@tandf.co.uk

Lucy Parrott Marketing Manageer lucy.parrott@tandf.co.uk

All efforts have been made to ensure publication information in this catalogue is correct at the time of printing. Please note that details such as titles, contents, publication dates and pricing are subject to change without notice.

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Welcome to the 2009 Research in Law and Law & Society catalogue, detailing the latest research and scholarly publishing from Routledge. Highlights of this year’s catalogue include: • A range of essential criminology titles including The Origins of Criminology (p. 13), Framing Crime (p. 10) and Crime Scenes (p. 47) • Exciting new books in the Biomedical Law and Ethics Library Series (p. 48) • A growing collection of GlassHouse law & society titles, including Eco Crime and Genetically Modified Food (p. 9) and The Currency of Justice (p. 13) • A number of award-winning or highly commended titles, including Assisted Dying (winner of the Royal Society of Medicine and Society of Authors’ medico-legal Minty Prize 2008, p. 48), Gaining Ground? (winner of the inaugural Elliott P. Skinner book award of the Association of Africanist Anthropologists, p. 31), The Legality of Boxing (shortlisted for the Hart / Society of Legal Scholars’ annual book prize 2008, p. 44), The Regulation of Cyberspace (shortlisted for the Inner Temple Book Prize 2008, p. 14) and Hypercrime (runner-up for the British Society of Criminology book prize 2008, p. 11) • The Law Teacher, journal of the Association of Law Teachers, new to Routledge for 2009 (p. 56) We hope you enjoy browsing our selection of recent and forthcoming books, and welcome your feedback, comments, and suggestions for the list. Our editorial team will also be very happy to hear from you if you have a proposal for a specific book (proposal guidelines can be found on our website: www.routledge.com/law)

COMMISSIONING EDITORS Colin Perrin

Katie Carpenter

Colin Perrin is the Commissioning Editor for our GlassHouse books in Law and Society, Legal Theory and Critical, Cultural and Theoretical Criminology. He specialises in commissioning books that re-think conventional approaches to law and crime; books that are innovative as well as scholarly, and that inspire and provoke as well as inform. If you are interested in writing or editing a book that you feel would be a suitable addition to the GlassHouse list, or for one of its series – Critical Approaches to Law, Discourses of Law, Nomikoi: Critical Legal Thinkers, Social Justice, Law, Development and Globalization, Law, Science and Society, Contemporary Issues in Public Policy – please contact Colin at: colin.perrin@informa.com.

Katie Carpenter is the Associate Editor for our Routledge Research Programme. Katie is building a list dedicated to publishing high quality, original and influential research across many areas of law. This will form part of the successful Routledge Research programme which is recognised by academics and libraries all over the world. We consider monographs, edited collections and particularly good, converted PhD theses for publication, so if you would like to submit a proposal to the Routledge Research Programme, Katie would be delighted to hear from you. She can be contacted at: katherine.carpenter@informa.com.


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COMPANY AND BUSINESS LAW

A Guide to The Companies Act 2006

COMING SOON

Saleem Sheikh An easy to use guide to the Companies Act 2006 and packed full of helpful features, this book provides detailed commentary on the new Companies Act. Offering a chapter by chapter analysis of the legal and practical implications of the Act, the author traces the background to the act, considering the various Consultation Documents and White Papers issued by the Government, the proposals for company law reform and their culmination in the Company Law Reform Act. It contains: • helpful checklists for the busy practitioner • section by section commentary • useful appendices of materials and extracts on an accompanying Companion Website. This is an invaluable and handy resource for undergraduate students and practitioners studying or working in business and company law. January 2008: 234 x 156: 1432pp Pb: 978-0-415-42107-2: £49.95 eBook: 978-0-203-88587-1

The Timing of Income Recognition in Tax Law and the Time Value of Money Moshe Shekel, Shekel & Co. Law Offices, Israel This book critically examines the various approaches of tax systems in the UK, the US, and Israel, in relation to the timing of the recognition of income and expense for tax purposes, and suggests an innovative new model of timing for tax purposes.

Transforming Corporate Governance in East Asia Edited by Curtis Milhaupt, Columbia University, USA, Kon-Sik Kim, Seoul National University, South Korea and Hideki Kanda, University of Tokyo, Japan This book examines the most important recent corporate governance changes in East Asia and the challenges still to be overcome with focused, in-depth legal analysis on specific issues facing the separate systems in the wake of the voluminous reforms and market changes of the past decade.

Selected Contents: 1. Introduction 2. Accounting Background 3. Tax Values 4. The Implementation Of GAAP For Tax Purposes 5. Timing Of Recognition Of Income 6. Timing Of Recognition Of Income From Deposits 7. Timing Of Recognition Of Income From Advances 8. Timing Of Deduction Of Expenses 9. Alternative Model 10. Conclusions May 2009: 234 x 156: 480pp Hb: 978-0-415-47754-3: £75.00

Selected Contents: Part 1: Japan Part 2: Korea Part 3: Greater China (Taiwan and the Mainland) Part 4: Analysis and Commentary June 2008: 234 x 156: 352pp Hb: 978-0-415-45099-7: £85.00 eBook: 978-0-203-93120-2

Law for Foreign Business and Investment in China

Failures of Ethics in Leadership

Vai Io Lo, Bond University, Australia and Xiaowen Tian, Bond University, Australia This book provides an up-to-date overview of the legal framework for doing business in China. It covers topics such as state structure, legislation, the court system, the legal profession, business entities, foreign investment enterprises, contracts, intellectual property, labour and employment law, consumer protection, taxation, securities, and dispute resolution. Selected Contents: 1. An Overview of the Chinese Legal System 2. Business Entities 3. Foreign Investment Enterprises 4. Contracts 5. Intellectual Property 6. Labor and Employment 7. Consumer Protection 8. Taxation and Securities 9. Dispute Resolution 10. Foreign Trade and Investment Policy. Glossary of Chinese Terms. Table of Chinese Legal Documents. Table of Cases. Useful Web Sites March 2009: 234 x 156: 432pp Hb: 978-0-415-45320-2: £85.00

Handbook of Frauds, Scams, and Swindles Edited by Serge Matulich and David M. Currie, both at Rollins College, Winter Park, Florida, USA Providing a unique account of frauds throughout modern history, Handbook of Frauds, Scams, and Swindles compiles narratives from around the world, including a number of highlypublicized cases. Leading financial and investigative experts have authored the individual chapters, yet the book maintains a reader-friendly style. CRC Press June 2008: 235 x 156: 416pp Pb: 978-1-4200-7285-3: £36.99

More on Company and Business Law ISBN 978-1-84568-075-6

Title

Author/Editor

Company Directors’ Responsibilities to Creditors

Andrew Keay

Binding Hardback

Pub Date 2006

Price £100.00

Paperback

978-1-84568-008-4

£38.95

978-1-84568-011-4

Shareholder Participation and the Corporation

James McConvill

Paperback

2006

£53.95

978-1-85941-973-1

The Law of Electronic Commerce and the Internet in the UK and Ireland

Steve Hedley

Paperback

2006

£36.95

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COMPARATIVE LAW AND LEGAL SYSTEMS Evolution of a Revolution Forty Years of the Singapore Constitution

Civil Disobedience and the German Courts

Edited by Li-ann Thio, National University of Singapore and Kevin Y.L. Tan

The Pershing Missile Protests in Comparative Perspective

This book presents a timely assessment of the impact of history, politics and economics in shaping the Singapore Constitution and is the first collaborative effort by a group of Singapore constitutional law scholars. Going beyond the descriptive narrative, the authors cast a critical eye over the developments of the last forty years by situating them in the larger tapestry of Singapore’s historical, political and economic development.

Peter E. Quint, University of Maryland, USA

Selected Contents: Introduction: Time for a Revolution 1. The Passage of a Generation: Revisiting the Report of the 1966 Constitutional Commission 2. State and Institution Building through the Singapore Constitution 1965-2005 3. Constitutional Jurisprudence: Beyond Supreme Law – A Law Higher Still? 4. Comparative Law and Constitutional Interpretation in Singapore: Insights from Constitutional Theory 5. Constitutional Supremacy: Still a Little Dicey 6. Protecting Rights 7. The Protection of Minorities and the Constitution: A Judicious Balance 8. Constitutionalism and Subversion – An Exploration 9. Writing the Constitution: 40 Years of Singapore Constitutional Scholarship 10. In Search of the Singapore Constitution: Retrospect and Prospect November 2008: 234 x 156: 352pp Hb: 978-0-415-43862-9: £80.00 eBook: 978-0-203-88578-9

Series: UT Austin Studies in Foreign and Transnational Law In the 1980s the West German Peace Movement — fearing that the stationing of NATO nuclear missiles in Germany threatened an imminent nuclear war in Europe — engaged in massive protests, including sustained civil disobedience in the form of sit-down demonstrations. Civil Disobedience and the German Courts traces the historical and philosophical background of this movement and follows a group of demonstrators through their trials in the German criminal courts up to the German Constitutional Court — in which their fate was determined in two important constitutional cases. In this context, the volume also analyzes the German Constitutional Court, as a crucial institution of government, in comparative perspective. The book is the first full-length English language treatment of these events and constitutional decisions, and it also places the decisions at an important turning-point in German constitutional history. Selected Contents: Introduction 1. The Anti-missile Demonstrations: The Protests and their Context 2. The Sit-down Blockades in the Criminal Courts 3. The Sit-down Blockades in the Constitutional Court: The Court and the Arguments 4. The Sit-down Blockades in the Constitutional Court: The Decisions of 1986 and 1995 5. The Great Cases of 1995: Success for the ’Long March’ of 1968? Epilogue 2007: 216 x 138: 300pp Hb: 978-0-415-44285-5: £65.00

Italian Private Law Guido Alpa, University of Rome, Italy and Vincenzo Zeno-Zencovich, University Roma Tre, Italy Series: UT Austin Studies in Foreign and Transnational Law Italian Private Law provides an excellent overview and analysis of Italian private law and its transition from the early twentieth century legal tradition to a system based on constitutional values, geared towards European integration. Exploring the eclectic yet systematically solid foundations of Italian private law, which has adapted itself to the ever growing pressure of EU legislation, Alpa and Zenovich look at the legislative system as well as the profound influence of case-law and legal scholarship. It examines: • family law • succession • legal persons • businesses and companies • property law • contract law • tort law. This volume is a key resource for legal scholars, practitioners and students who want to gain a deeper knowledge of Italian private law in their research, professional or academic activity. Selected Contents: 1. Introductory Concepts 2. Natural Persons 3. The Family and Succession 4. Intermediate Communities 5. Business and Companies 6. Property and Goods 7. Transactions and Contracts 8. Wrongful Acts and Civil Liability 9. Protection of Rights 2007: 216 x 138: 312pp Hb: 978-1-84472-051-4: £70.00 eBook: 978-0-203-94505-6

More on Comparative Law and Legal Systems ISBN 978-0-415-32613-1

Title

Author/Editor

Asian Discourses of Rule of Law*

Randall Peerenboom

978-1-85941-924-3 978-1-84472-132-0

English, French and German Comparative Law

Raymond Youngs

The French Civil Code

Jean-Louis Halperin

Hardback

Pub Date 2003

Paperback Hardback

Judicial Recourse to Foreign Law

Basil Markesinis & Jorg Fedtke

Hardback

*eBook Available

Click here to recommend titles to your library

Price £115.00 £38.99

2006

2006

£45.00

£112.00 £24.99

Paperback

978-1-84472-131-3 978-1-84472-159-7

Binding Paperback

978-0-415-32612-4

3

2006

£75.00


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COMPARATIVE LAW AND LEGAL SYSTEMS

Administrative Law and Governance in Asia

COMING SOON

Comparative Perspectives

Introduction to Spanish Private Law

Edited by Tom Ginsburg, University of Chicago, USA and Albert H.Y. Chen, University of Hong Kong

Teresa Rodriguez de las Heras Bellal and Jorge Feliu Rey, both at Universidad Carlos III de Madrid, Spain

Series: Routledge Law in Asia

Series: UT Austin Studies in Foreign and Transnational Law

This book examines administrative law throughout Asia, exploring the profound changes in many legal regimes that have occurred. It shows how many states have shifted towards a more marketoriented regulatory state model, involving a greater role for judges and law-like processes, and explores the profound implications of this for policy-making. Selected Contents: Part 1: General Perspectives Part 2: Northeast Asia & Greater China Part 3: Southeast Asia October 2008: 234 x 156: 384pp Hb: 978-0-415-77683-7: £90.00 Pb: 978-0-415-77731-5: £24.99 eBook: 978-0-203-88868-1

The topics addressed in this book have traditionally been covered in separate publications on private and commercial law. This dualism of regimes has made it difficult for students and professionals alike to comprehend Spanish private law as a whole. In the past this has led to inefficient duplication of explanations, gaps in key areas and an altogether fragmented picture. This book presents a consolidated, modern, and realistic image of today’s Spanish private legal system. It combines both private and commercial law and integrates them in the same book, making the overall subject far more accessible to readers. This united approach results in a more logical and efficient process of learning. Selected Contents: 1. Spanish Private Law: History, Scope and Trends 2. The Person and the Law: Individual and Family 3. Organizations and Private Law: Communities, Companies and Groups 4. Business, Market and the Law 5. Goods and Private Law 6. Relationships in Private Law: Transactions and Contracts 7. Civil Liability 8. The Protection of Rights May 2009: 216 x 138: 224pp Hb: 978-0-415-44613-6: £65.00

Judicial Law-Making in Post-Soviet Russia Alexander Vereshchagin A novel and incisive investigation of the role of judicial precedents and customs in Russian law, this book explores the trends in the development of judge-made law in Russian civil law since the demise of the Soviet Union. Selected Contents: Introduction. Interpretation and Hard Cases. The Scope and Limits of Judicial Law-Making. The Forms of Judge-Made Law in Russia. The Problem of Uniform Judicial Interpretation in Matters Legal. Social and Political Issues in Courts. Conclusion 2007: 234 x 156: 288pp Hb: 978-1-84472-110-8: £80.00 Pb: 978-1-84472-111-5: £31.95 eBook: 978-0-203-94519-3

New Courts in Asia Edited by Andrew Harding, University of Victoria, Canada and Pip Nicholson, University of Melbourne, Australia Series: Routledge Law in Asia This book examines the numerous new courts created throughout Asia during the last 20 years, covering important jurisdictions including human rights, intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law, labour and industrial disputes. It evaluates their performances, and considers the broader economic, social and political implications. Selected Contents: Part 1: Introducing Economic Courts in Asia Part 2: Introducing IP Courts in Asia Part 3: Constructing Constitutional Courts Part 4: Assembling Administrative Courts Part 5: Special Courts – Islamic Courts Part 6: Special Courts – Courts and Particular Expectations Part 7: Special Courts – Graft Courts Part 8: Special Features of Courts February 2009: 234 x 156: 432pp Hb: 978-0-415-47005-6: £95.00

Recognition, Equality and Democracy Theoretical Perspectives on Irish Politics Edited by Jurgen De Wispelaere, University of Dublin Trinity College, Ireland, Cillian McBride and Shane O’Neill, both at Queen’s University Belfast, UK Recently, the Republic of Ireland’s constitution has been shaped by liberal politics aimed at securing personal autonomy, whilst Northern Ireland’s politics have been dominated by the problem of political autonomy and democratic legitimacy. This volume presents a range of contemporary theoretical responses to issues in Irish politics in both jurisdictions. Selected Contents: 1. Introduction: Theorising Politics 2. Critical Theory and Ethno-National Conflict: Assessing Northern Ireland’s Peace Process as a Model of Conflict Resolution 3. Illegal in Ireland, Irish Illegals: Diaspora Nation as Racial State 4. Democratic Autonomy, Women’s Interests, and Institutional Context 5. Comprehensive Liberalism and Civic Education in the Republic of Ireland 6. The Battle(s) Over Children’s Rights in the Irish Constitution 7. Disability Rights in Ireland: Chronicle of a Missed Opportunity 8. How to Think About Marriage: Autonomy, Equality, Recognition 9. The Regulation of Public Space in Northern Ireland 10. Identity, Unity, & the Limits of Democracy April 2008: 234 x 156: 228pp Hb: 978-0-415-46440-6: £70.00

2ND EDITION

Indigenous Australians and the Law Edited by Martin Hinton, Attorney General’s Office, Government of South Australia, Daryle Rigney, Flinders University, Australia and Elliott Johnston, QC Giving readers an incisive account of the resounding impact of social, political and legal conditions upon the Indigenous people of Australia and their interaction with and recourse to the law, this book is an excellent resource for those interested in the law of a coloniser or conqueror and its lasting impact upon first nations. May 2008: 234 x 156: 288pp Hb: 978-1-876905-39-2: £70.00 eBook: 978-0-203-92796-0

Related Titles Constitutions (see page 45) Women and Immigration Law (see page 19) Regulation of the Voluntary Sector (see page 29) Human Rights in the South Pacific (see page 21)

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CONTRACT AND TORT LAW The Europeanisation of Contract Law

Interpretation of Contracts

COMING SOON

Catherine Mitchell, University of Hull, UK

Christian Twigg-Flesner, University of Hull, UK

Series: Current Controversies in Law

Human Rights and the Protection of Privacy in Tort Law

Series: Current Controversies in Law Critical yet accessible, this book provides an overview of the current debates about the ‘Europeanization’ of contract law. Charting the extent to which English contract law has been subject to this activity, it is the ideal volume for readers unfamiliar with the subject who wish to understand the main issues quickly. It examines a range of key developments, including: • a string of directives adopted by the European Union that touch on various aspects of consumer law • recent plans for a European Common Frame of Reference on European Contract Law. Bringing together advanced legal scholarship, critically examining key developments in the field and considering the arguments for and against greater convergence in the area of contract law, this is an excellent read for postgraduate students studying contract and/or European law. Selected Contents: 1. The concept of ’Europeanisation’ 2. Framework of Europeanisation 3. Europeanisation of Contract Law - The Story so Far 4. Impact on National Law: A UK Perspective 5. The Way Forward 6. A European Contract Code. Conclusions April 2008: 216 x 138: 232pp Hb: 978-0-415-46592-2: £60.00 Pb: 978-1-84568-050-3: £17.99 eBook: 978-0-203-92700-7

In this volume Mitchell examines case law, academic debate and the resurgence of interest in formalist contract interpretation in the US to explore the meaning of contextual interpretation, arguments for and against it and suggestions on how parties may influence the interpretation methods applied to their agreement. Identifying controversial issues, arguments and analyzing possible future developments, this book addresses a range of questions, including: • How far should it be possible for courts, through the process of interpretation, to control the bargain made between parties? • Are judges applying the principles of interpretation in the same way?

5

A Comparison between English and German Law Hans-Joachim Cremer Series: UT Austin Studies in Foreign and Transnational Law This book considers how English courts could use and adapt structures adopted by the German legal order in response to rulings from the European Court of Human Rights on Article 8 of the European Convention of Human Rights, to strengthen the protection of privacy in the private sphere. Selected Contents: 1. The practical need for privacy protection in private law relationships 2. Protection under English tort law 3. The protection of privacy as a State obligation under the ECHR 4. Can and should the English courts wait until Parliament enacts legislation on privacy protection? November 2009: 234 x 156: 160pp Hb: 978-0-415-47704-8: £65.00

• What is the relevant context of an agreement? • Should contracting parties be able to opt out of a particular interpretative approach by use of mechanisms such as entire agreement clauses? Short and concise, this is a useful reference tool for those interested in contract and tort law. Selected Contents: 1. The Nature and Scope of Contractual Interpretation 2. The Rise of Contextualism 3. Contextual Interpretation: Methods, Problems and Disputes 4. Formalism in Interpretation 5. Controlling Interpretation 2007: 216 x 138: 176pp Hb: 978-0-415-44777-5: £65.00 Pb: 978-1-84568-044-2: £17.99 eBook: 978-0-203-94520-9

FORTHCOMING IN 2010

Tomorrow’s Torts Advanced Comparative Perspectives Penelope Watson, Macquarie University, Australia Tomorrow’s Torts is a collection of commentary and materials exploring the dynamic nature of tort law, suitable for upper level undergraduate or postgraduate Law courses, drawn from Canada, the UK, New Zealand, USA, Australia and other jurisdictions. Students are encouraged to adopt a creative, comparative and critical perspective, and to think about how the law of torts might look in the future, as well as to master the current law. February 2010: 234 x 156: 750pp Hb: 978-1-876905-37-8: £75.00

More on Contract and Tort Law ISBN

Title

Author/Editor

Binding

Pub Date

Price

978-1-84472-021-7

Defamation

Andrew Kenyon

Paperback

2006

£51.95

978-1-85941-851-2

Life Assurance Contracts

Andrew McGee

Paperback

2006

£65.95

978-1-84472-140-5

Private Law in Theory and Practice*

Michael Bryan

Hardback

2006

£80.00

*eBook Available

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6

CONTRACT AND TORT LAW

CRIMINAL LAW AND EVIDENCE

Pure Economic Loss

Capital Punishment

Combating International Crime

New Horizons in Comparative Law

Adam Thurschwell, Cleveland State University, USA

The Longer Arm of the Law

Vernon Valentine Palmer, Tulane University, USA and Mauro Bussani, University of Trieste, Italy Series: UT Austin Studies in Foreign and Transnational Law Pure economic loss is one of the mostdiscussed problems in the fields of tort and contract. How do we understand the various differences and similarities between these systems and what is the extent to which there is a common-core of agreement on this question? This book takes a comparative approach to the subject, exploring the principles, policies and rules governing tortious liability for pure economic loss in a number of countries and legal systems across the world. The countries covered are USA, Canada, Japan, Israel, South Africa, Japan, Romania, Croatia, Denmark and Poland, with the contributors taking a comparative fact-based approach through the use of hypothetical problems to analyze and then summarize the individual country’s tort approach. Using a fact-based questionnaire, a tested taxonomy, and a sophisticated comparative law methodology, the authors convincingly demonstrate that there are liberal, pragmatic and conservative regimes throughout the world. The recoverability of pure economic loss poses a generic question for these legal systems - it is not just a civil law versus common law issue. It will be of interest to students and academics studying tort law and comparative law in the different countries covered. Selected Contents: Preface Part 1 1. Introduction 2. The Liability Systems - A Functional Ordering Part 2: The National Contributions 1. Japan 2. Croatia 3. Quebec 4. United States 5. Canada 6. Israel 7. South Africa 8. Poland 9. Denmark Part 3 1. Surveying the Results 2. General Conclusions October 2008: 216 x 138: 344pp Hb: 978-0-415-77564-9: £75.00 eBook: 978-0-203-88883-4

Adam Thurshwell, a respected academic and death penalty lawyer, draws upon Continental theory and the Anglo-American jurisprudential tradition in order to deliver a critical survey of both the theoretical aspects of capital punishment and its actual administration. Pursuing an original political approach rather than taking a moral stance, his discussion compares the topics of sovereignty, power and legitimacy with moral desert or consequentialism and explores their impact on perceptions and practices of capital punishment. Covering micro-issues of legal doctrine and administrative practice, as well as arguments for and against abolition, this book is an invaluable resource for academics and students in law and political theory. Selected Contents: 1. Capital Punishment Today 2. Current Jurisprudential Approaches to Capital Punishment: A Critique 3. Political Sovereignty and the Death Penalty 4. The Ethics of Capital Punishment 5. Conclusion: Implications, Consequences and Potential Futures April 2009: 216 x 138: 144pp Hb: 978-0-415-42423-3: £75.00 Pb: 978-1-84568-111-1: £18.99 A GlassHouse Book

FORTHCOMING IN 2010

Criminal Law and Policy in the European Union Samuli Miettinen Series: Routledge Research in European Union Law This book takes stock of the development of criminal law in the context of the EC and the EU, and examines whether this has led to a European criminal policy, and interrogates the legal effects that European-level initiatives in the field have on national criminal law and on suspects. Selected Contents: 1. Introduction to European Criminal Law and Policy 2. Shaping the Criminal law of the European Union: Sources and Institutions 3. Criminal law and the European Community 4. Criminal law and the European Union 5. Approximation and Harmonisation: Procedural and Substantive aspects 6. European Criminal Law and Individual Rights 7. Evaluating European Criminal Policy 8. The European Court of Justice and Criminal Law 9. European Criminal Law in National Courts 10. Criminal Law and the Reform Treaty 11. Prospects for Criminal Law and Policy in the European Union January 2010: 234 x 156: 256pp Hb: 978-0-415-47426-9: £65.00

Edited by Steven David Brown, Independent Consultant This book maps the practicalities and challenges in making cross-border law enforcement work. Addressing the prevention, detection, investigation and prosecution of crime or criminality which is conducted in more than one country, it provides a professional assessment and describes the essential ingredients of international law enforcement cooperation. Selected Contents: Foreword Ronald K. Noble Editor’s Note Acknowledgements Part 1: The Context The Longer Arm of the Law: An Introduction Steven David Brown 1. Tackling International Crime – Forward into the Third Era Roger Gaspar 2. Ready Willing & Enable Steven David Brown Part 2: Cooperation International Organisations: 3. Interpol: A Global Service Provider Stuart Cameron-Waller 4. The EU Solution: Europol and Eurojust Steven David Brown 5. OLAF Fighting Fraud in the EU and Beyond Johan Vlogaert & Michal Pesta 6. Balancing Political and Practical Interests: the SECI Centre Mitja Mocnik Liaison Officer Networks: 7. Overseas Liaison Officers Neil Bailey 8. Liaising in International Organisations Vladimir Gilca 9. Legal Attachés and Liaison: The FBI Sandra Fowler Judicial Cooperation: 10. No Hiding Place: How Justice Need Not Be Blinded by Borders Kimberly Prost 11. Extradition: Croatian Experiences Relating to War Criminals Josip Cule Part 3: the Mechanics of Communication 12. Getting the Message Across: Information Exchange as a Communication Chain Steven David Brown 13. Keeping in Context: Meaning What You Say Kevin O’Connell Part 4 - Major Tools & Techniques 14. Controlled Deliveries Steven David Brown 15. Analyze This and That: A Consideration of the International Role of Analysis Nick Ridley 16. Applying the Science Tim Wilson 17. The Cyber Side of Crime Steven David Brown Part 5: In Practice 18. Across Two Continents – A Case Study Phil Tucker Afterword Steven David Brown Appendices 1. International Cooperation Networks Stuart Cameron Waller 2. Model Information Sharing Protocol Steven David Brown 3. Letter of Request Briefing Steven David Brown 4. An International Liaison Unit Steven David Brown 5. An International Organization Steven David Brown 6. Key International Legal Instruments Steven David Brown 7. Glossary of Acronyms 8. Further Reading. Index June 2008: 234 x 156: 328pp Hb: 978-0-415-45828-3: £50.00

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CRIMINAL LAW AND EVIDENCE Criminal Justice in Hong Kong

Dealing with DNA Evidence

Carol Jones, University of Glamorgan, UK and Jon Vagg

A Legal Guide

Containing a wealth of archival material and statistical data on crime and criminal justice, Criminal Justice in Hong Kong presents a detailed evaluation of Hong Kong’s criminal justice system, both past and present. Exploring the justice system and the perceptions of popular culture, this book demonstrates how the current criminal justice system has been influenced and shaped over time by Hong Kong’s historical position between ‘East’ and ‘West’. Jones and Vagg’s examination of the justice system not only takes into account geographical changes, like the erection of the border with communist China in 1950 but also insists that any deep understanding of the current system requires a dialogue with the rich and complex narratives of Hong Kong’s history. It explores a range of questions, including: • How were Hong Kong’s criminal justice institutions and practices formed? • What has been its experience of law and order? • How has Hong Kong’s status as between ’East’ and ’West’ affected its social, political and legal institutions? Careful and detailed, this analysis of one of the most economically successful, politically stable and safe yet frequently misrepresented cities, is a valuable addition to the bookshelves of all undergraduate and postgraduate students studying Asian law. Selected Contents: Crime in the Colonial Narratives of Hong Kong. Crime Data 1842-2002. Hong Kong Crime Figures and the Changing Perception of the ’Crime Problem’. The Formation of the Hong Kong Police, Prison Service, Prosecution, Courts and Judiciary. Shifts in Law and Order Policy. ’Native Policing’. Labour Unrest, Political Agitation and Public Order 1841-2001. The ’China’ Factor in the Nineteenth, Twentieth and Twenty-first Centuries. Crime, Corruption and the Hong Kong Identity 2007: 234 x 156: 672pp Pb: 978-1-84568-038-1: £40.00

Andrei Semikhodskii Written specifically for students or practitioners of criminal law, this work gives readers an in-depth understanding of DNA evidence in criminal practice and clearly explains how it is obtained and how it can be successfully challenged in court. 2007: 234 x 156: 200pp Hb: 978-1-84568-049-7: £67.50 eBook: 978-0-203-94503-2

COMING SOON

Border Security in the Al-Qaeda Era Edited by John Winterdyk and Kelly Sundberg, both at Mount Royal College, Calgary, Alberta, Canada The first reference to provide a comprehensive overview of how al-Qaeda and other terrorist groups have impacted the way nations protect their borders, this book examines border security organizations and discusses the goods and people that cross national perimeters. Each chapter provides a review of each nation’s border security, a discussion of the impact of changes in security, the steps taken to protect the country, and an assessment of whether or not the al-Qaeda threat has contributed to those changes. Countries covered in the text include the US, Canada, UK, France, Germany, Italy, Australia, Austria, and Iran. CRC Press June 2009: 235 x 156: 350pp Hb: 978-1-4200-8544-0: £46.99

COMING SOON

Binding Men Nineteenth Century Criminal Cases and the Policing of Masculinity Lois Bibbings, Unversity of Bristol, UK Investigating nineteenth century notions of masculinity, this book examines a number of criminal cases, focusing upon theoretical themes relating to masculinity and the state. Drawing upon a variety of sources, it unpicks the narratives of masculinity the selected cases tell. Selected Contents: Masculinity, Law and History. Masticating the Male: A Recipe for Masculinity. Mary-Annes and Mollies: The Carnivalesque, Camp and Cross-dressing. Manly Diversions, Debauchery and Disorder. Man as Master: The Realm of the Family. Robbery and Reputation: Blackmail. The Medical Man. Conclusion August 2009: 234 x 156: 208pp Hb: 978-1-904385-41-7: £70.00

7

Contemporary Issues in Law Enforcement and Policing Edited by Andrew Millie, Loughborough University, Leicestershire, UK and Dilip K. Das, International Police Executive Symposium, New York, USA Rising terrorism and advancing technology, as well as new strategies and investigative techniques, have stretched and stressed the traditional role of police officers. The new officer is under more and more pressure to be tough, compassionate, and understanding, as well as technologically savvy. Grouped under the themes of day-to-day policing, ethics and corruption, terrorism, strategy and investigations, and restorative policing, Contemporary Issues in Law Enforcement and Policing focuses on those issues that most affect today’s officers. The chapters are derived from those articles in the online journal, Police Practice and Research, that were the most viewed by practicing police officers and police scholars. CRC Press May 2008: 235 x 156: 248pp Hb: 978-1-4200-7215-0: £41.99

COMING SOON

Cross Cultural Profiles of Policing Dilip K. Das, International Police Executive Symposium, Guilderland, New York, USA and Osman Dolu, Turkish National Police, Ankara Written by a world famous international police scholar and former police executive in India, this work provides an in-depth comparative view of the police in five different countries. It is a product of street observations, ride-alongs, interviews, visits, and literature reviews conducted over several years and shows that policing all over the world is characterized by variety. Each country section covers organizational structure, selection and training, leadership and supervision, police role and functions, and police/public projects. The first-hand information provided about the various police cultures from all levels of the police organization is invaluable for those studying comparative policing. Selected Contents: Austria. France. Germany. Japan. Switzerland CRC Press November 2009: 254 x 178: 512pp Hb: 978-1-4200-7014-9: £67.99

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8

CRIMINOLOGY AND GOVERNANCE

CRIMINAL LAW AND EVIDENCE

COMING SOON

COMING SOON

COMING SOON

Effective Crime Reduction Strategies

Strategies and Responses to Crime

International Perspectives

Thinking Locally, Acting Globally

Urban Crime Prevention, Surveillance, and Restorative Justice

Edited by James F. Albrecht, St. John’s University, New York, USA and Dilip K. Das, International Police Executive Symposium, Guilderland, New York, USA

Edited by Dilip K. Das, International Police Executive Symposium, Guilderland, New York, USA

Police worldwide are finding it increasingly difficult to prevent crime and maintain public safety and a sense of security while dealing with decreasing budgets and personnel. The exchange of effective crime fighting principles and proven best practices is crucial to helping them succeed. Drawn from the proceedings at the 2005 IPES meeting in the Czech Republic on effective crime prevention, this book addresses the impact of terrorism and transnational crime on law enforcement in the US and Europe, the effects of democratic reforms on policing, and the positive influence of the unionization of police forces. It also reviews counterterrorism, border control, transnational criminality, measurement of police effectiveness, and the investigation of juvenile crimes. CRC Press

CRC Press September 2009: 235 x 156: 420pp Hb: 978-1-4200-7669-1: £52.99

Urbanization, Policing, and Security

Police Corruption

Global Perspectives

Preventing Misconduct and Maintaining Integrity

Edited by Gary Cordner, Kutztown University, Pennsylvania, USA and Dilip K. Das, International Police Executive Symposium, Guilderland, New York, USA

Timothy Prenzler, Griffith University, Brisbane, Queensland, Australia Series: Advances in Police Theory and Practice Designed for administrators at all levels, this book presents proven strategies to prevent police corruption and to maintain an ethical culture in policing. Written by a leading international authority, this text describes diverse types of police misconduct, as well as their impact. It establishes ethical principles that police should follow, provides ways to identify misconduct, and discusses various strategies for managing integrity, including alternative strategies for dealing with misconduct. Bringing together four decades of research and work in the field, the author also addresses such key topics as ethical leadership, independent external oversight bodies, and early warning systems. Selected Contents: The Misconduct Problem in Policing. Setting Standards. Measuring Misconduct. Recruitment and Training. A State-of-the-Art Complaints and Discipline System. Alternative Dispute Resolution. System Controls and Risk Management. Advanced Techniques. External Oversight. Leadership for Integrity. CRC Press

Edited by Paul Knepper, Jonathan Doak and Joanna Shapland, all at University of Sheffied, UK Using three major topics in criminology, this book describes how to reduce and respond to crime without reliance on the conventional criminal justice practices of police and prisons. These topics are analyzed within the broader framework of what the editors call ‘social technologies’. The editors ask ‘What is the interaction between knowledge, planning, and social repercussions?’ The answer forms a basis from which they evaluate proposals for social improvements related to crime. The volume highlights the diffusion of knowledge about crime through media and criminological research; examination of surveillance technologies and the effect on crime; and restorative justice and its relationship to social regulations in general. CRC Press

COMING SOON

May 2009: 320pp Hb: 978-1-4200-7838-1: £52.99

March 2009: 235 x 156: 216pp Hb: 978-1-4200-7796-4: £41.99

Providing detailed case studies of contemporary initiatives in policing, law enforcement, public safety and crime prevention, this unique volume features selected models that were presented by police executives and scholars at the Thirteenth Annual Meeting of the International Police Executive Symposium held in Turkey in 2006. Each section in the text offers different perspectives from criminal justice administrators in one of a dozen countries, including Australia, England, Japan, India, and the United States. The first book of its kind, no other text offers such a panoramic and comprehensive view of global strategies to combat different types of crime.

Effects of Social Technologies

Through the lens of urbanization, this book examines crime, policing, and security issues around the world. International academic and police leaders contribute their perspectives on a diverse range of overlapping and complementary topics, from special problems to global challenges. Covering studies on major cities in more than 18 countries, this text explores a variety of areas, including the role of urbanization in security; and global concerns such as transnational crime, racial profiling, and information sharing. The book also explores responses to urban problems associated with police and security including human rights activism and police reform. The text is enhanced by over 100 photos and illustrations that further clarify the concepts. CRC Press July 2009: 235 x 156: 350pp Hb: 978-1-4200-8557-0: £67.99

Related Titles Intimacy and Responsibility (see page 19)

January 2009: 235 x 156: 240pp Pb: 978-1-4200-8437-5: £46.99

COMING SOON

A History of Drugs Drugs and Freedom in the Liberal Age Toby Seddon, University of Manchester, UK A History of Drugs provides a history of the relationship between drugs and freedom over the last two hundred years. It is often argued that drug use should be seen as a matter of personal freedom in which the state should not interfere. It has also been maintained that drug ’addiction’ represents the complete abnegation of individual freedom: a form of enslavement. This book is about the relationship between drugs and freedom, a relationship which has been central to long-running debates about drugs. In this book, Toby Seddon argues that, since the emergence of liberalism in the late eighteenth century, drugs and freedom have existed in a mutually constitutive relation. Whilst changing conceptions of freedom have shaped the ways in which the ’drug question’ has been viewed and dealt with, at the same time changing perspectives on drugs have helped to constitute our ideas of what it means to be a ’free subject’. A History of Drugs thus disturbs and unravels the ’naturalness’ of the ’drug question’, as it traces the multiple and heterogeneous lines of development out of which it has been assembled. July 2009: 234 x 156: 224pp Hb: 978-0-415-48027-7: £70.00 A GlassHouse Book

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CRIMINOLOGY AND GOVERNANCE Captive Images

COMING SOON

Race, Crime, Photography

Colonial Criminology

Katherine Biber, University of Technology, Sydney, Australia

Mark Brown, University of Melbourne, Australia

Captive Images examines the law’s treatment of photographic evidence and uses it to investigate the relationship between law, image and fantasy. Based around the scholarly examination of a bank robbery, in which a surveillance camera captures the robbery in progress, Katherine Biber draws upon critical writing from psychoanalysis, postcolonialism, art, law, literature and feminism to ’read’ this crime, its texts and its images.

Colonial Criminology provides an account of the distinctive way in which criminology developed outside the metropolitan centre. Proposing a radical revision of the Foucauldian thesis that criminological knowledge emerged in the service of a new form of power – discipline – that had inserted itself into the very centre of punishment, it argues that Foucault’s alignment of sovereign, disciplinary and governmental power will, necessarily, need to be re-read and re-balanced to account for its operation in the colonial sphere. For, although the emergence of disciplinary power and its attendant forms of knowledge provided for key social transformations in the modernising metropolitan state, in colonial states power was almost exclusively sovereign and governmental (bio-political), with disciplinary strategies given only limited and equivocal attention. In order to develop this argument, and give an account of the emergence of colonial criminology as a form of knowledge distinct from its metropolitan counterpart, this book provides an analysis of the key British colonial experience in India from the 1820s to the early 1920s. This analysis documents a colonial criminology, that was tied in crucial ways to the demands of colonial governance, whose birth can be placed fifty years or more before Lombroso or Ferri stepped upon the European stage: a criminology that developed its own unique modes of analysis, representation and measurement independent of metropolitan theory and practice.

The result is an interdisciplinary study of crime that unfolds a compelling narrative about race relations, national identity and fear. This book is an essential read for all levels of law students studying, or interested in, law, criminology and cultural studies. Selected Contents: 1. The Hooded Bandit 2. The National Bank 3. The Epidermal Examination 4. The Mother’s Trouble 5. The Danger Zone 6. The Spectre 7. Your Fantasy, My Crime 2007: 234 x 156: 160pp Hb: 978-1-904385-72-1: £75.00 Pb: 978-0-415-42039-6: £20.99 eBook: 978-0-203-94512-4 A GlassHouse Book

Essays on Law, Men and Masculinities Richard Collier, University of Newcastle upon Tyne, UK This book presents the first published comprehensive overview and critical assessment of the relationship between law and masculinities. It provides a general introduction to the subject whilst engaging with the difficult question of what it means to speak of the masculinity of law in the first place. Selected Contents: Introduction. Rethinking the Man Question in Legal Studies: Theorising Masculinities and Law. Masculinities, Gender and the Legal Profession. Gentlemen Scholars. Masculinities, Law and the Family Man. Changing Law, Changing Men?: Rethinking the Masculine Other. Concluding Remarks June 2009: 234 x 156: 250pp Hb: 978-1-904385-49-3: £70.00 A GlassHouse Book

Drawing on postcolonial theory to ask whether we can speak of ’colonial modernity’ or ’the colonial state’ in the singular, it is, moreover, through the critical engagement of this analysis with Foucault’s theoretical and historical account of the development of criminology that Colonial Criminology opens up a new, and unduly neglected area of research. Selected Contents: 1. Introduction Part 1: Framework 2. Power, Knowledge, Reason 3. Colonialism and Postcolonialism Part 2: Colonial Criminology 4. Out of History: Ethnologies of Deviance 5. Locating in Space: Cartographies of Disorder 6. Perceiving the Other: Representations of Limit 7. Rational management: Architectures of Control Part 3: Power and Order 8. Colonial Power, Colonial Criminology 9. Postcolonial Futures June 2009: 234 x 156: 208pp Hb: 978-0-415-45213-7: £70.00

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Eco Crime and Genetically Modified Food Reece Walters, The Open University, UK The GM debate has been ongoing for over a decade, yet it has been contained in the scientific world and presented in technical terms. This book brings the debates about GM food into the social and criminological arena. On September 11th 2003, the Cartagena Protocol on Biosafety became international law. As a result, a vast number of practices currently adopted by the US and UK Governments, as well as numerous bio-tech industries, became illegal. To date, criminal activity and GM food has been reported in the press, however, it has been confined to the actions of protest groups destroying GM crops and testing laboratories. This book highlights the criminal actions of state and corporate officials, including the illegal use of genetic technologies, the illegal production and sale of GM products, the economic exploitation of trade in third world countries, the monopolization of seeds and economic disaster for GM farmers, biopiracy and the manipulation of science. Selected Contents: Introduction. The Development and Production of GM Food. GM Food: Manna from Heaven or a Human Curse. International Law and the Regulation of GM Food. Third World Hunger, Corporate Exploitation and the US Trade War. Risk, Governmentality and the Political Economy of GM Food. GM Food Hazards and the Limits of National Sovereignty in Global Crime Regulation. Reflections and New Horizons: The Future of GM Food, International Regulation and Crime Prevention April 2009: 234 x 156: 200pp Hb: 978-1-904385-22-6: £70.00 A GlassHouse Book

Human Genes and Neoliberal Governance A Foucauldian Critique Antoinette Rouvroy, University of Namur, Belgium Original and interdisciplinary, this is the first book to explore the relationship between a neoliberal mode of governance and the so-called genetic revolution.

A GlassHouse Book

Selected Contents: Part 1: The Production of Genetic Knowledge and the Rise of Genetics as New Perceptual Regime Part 2: The Socio-Economic Life of Genes - Genetic Risks and Insurance 2007: 234 x 156: 320pp Hb: 978-0-415-44433-0: £75.00 eBook: 978-0-203-93939-0 A GlassHouse Book

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10

CRIMINOLOGY AND GOVERNANCE

Existentialist Criminology

Fear of Crime

COMING SOON

Edited by Don Crewe, Roehampton University and Ronnie Lippens, Univeristy of Keele, UK

Critical Voices in an Age of Anxiety

Framing Crime

Edited by Murray Lee, University of Sydney, Australia and Stephen Farrall, University of Keele, UK

Cultural Criminology and the Image

Existentialist Criminology captures an emerging interest in the value of existentialist thought and concepts for criminological work on crime, deviance, crime control, and criminal justice. This emerging interest chimes with recent social and cultural developments - as well as shifts in their theoretical consideration - that are oriented around contingency and unpredictability. But whilst these conditions have largely been described and analysed through the lens of complexity theory, post-structuralist theory and postmodernism, there exploration by critical criminologists in existentialist terms offers a richer and more productive approach to the social and cultural dimensions of crime, deviance, crime control and, more broadly, of regulation and governance. Covering a range of topics that lend themselves quite naturally to existentialist analysis - crime and deviance as becoming and will, the existential openness of symbolic exchange, the internal conversations that take place within criminal justice practices, and the contingent and finite character of resistance - the contributions to this volume set out to explore a largely untapped reservoir of critical potential. January 2009: 234 x 156: 320pp Hb: 978-0-415-46771-1: £70.00 eBook: 978-0-203-88265-8 A GlassHouse Book

Gendered Risks Edited by Kelly Hannah-Moffat, University of Toronto at Mississauga, Canada and Pat O’Malley, Sydney Law School, University of Sydney, Australia This international collection of edited interdisciplinary papers analyzes what is currently known about gendered risks, and identifies some new directions and challenges for research and theory. Selected Contents: 1. Introduction 2. Risk, Justice and Diversity 3. Risk and Victimization 4. Maculinities, ’Edgework’ and Risk Taking 5. Risk and Gendered Identities 6. Barebacking, Risk and the Productivity of Prohibition 7. (Re)Mapping ’the Family’ in the Context of Predictive Genetic Testing for Hereditary Breast Cancer Risk: Gendered Responsibilities in the Age of Genetic Risk 8. Genetics and Risk in Prenatal Diagnosis 9. Risk, Gender and Genomics 10. Gendered Risk Assessment Practices and Pension Investment Decision-Making 11. ’Getting Mad wi’ it’: Risk-Seeking by Young Women 12. Risky Relations: Criminogenic Factors and Female Prisoners 2007: 234 x 156: 272pp Hb: 978-1-904385-78-3: £75.00 eBook: 978-0-203-94055-6

An attention to the ’fear of crime’ has found its way into governmental interventions in crime prevention and into popular discourse with many newspapers, local government and the like conducting their own fear of crime surveys. As a concept, ’fear of crime’ has also produced considerable academic debate since it entered the criminological vocabulary in the 1960s. Bringing together a collection of new and cutting edge articles from key scholars in criminology, Fear of Crime challenges many assumptions which remain submerged in attempts to measure and attribute cause to crime fear. But, in questioning the orthodoxy of ’fear of crime’ models, along with inquiries that have supposed that fear is objectively quantifiable and measurable, the articles collected here also offer new paradigms and methods of inquiry for approaching ’fear of crime’. Selected Contents: 1. Critical Voices in an Age of Anxiety: A Re-Introduction to the Fear of Crime Stephen Farrall & Murray Lee 2. The “Moral Panic” That Wasn’t: the Sixties Crime Issue in the U.S Dennis Loo 3. The Enumeration Of Anxiety: Power, Knowledge & Fear Of Crime Murray Lee 4. Critical Geopolitics and Everyday Fears Susan Smith & Rachel Pain 5. Preventing Indeterminate Threats: Fear, Terror, and the Politics of Pre-emption Leanne Weber & Murray Lee 6. Being Feared: Masculinity and Race in Public Space Kris Day 7. Untangling the Web: Deceptive Responding in Fear of Crime Research Robbie Sutton & Stephen Farrall 8. Anxiety, Defensiveness and the Fear of Crime David Gadd & Tony Jefferson 9. Bridging the Social and the Psychological in the Fear of Crime Jonathan Jackson 10. State-trait Anxiety and Fear of crime: A Social Psychological Perspective Derek Chadee, Nikiesha J. Virgil & Jason Ditton 11. Revisiting Fear of Crime in Bondi and Marrickville: Sense of Community and Perceptions of Safety Mike Enders & Christine Jennett with Marian Tulloch 12. Critical Voices in an Age of Anxiety: Ending with the identification of where to begin... Murray Lee & Stephen Farrall July 2008: 234 x 156: 232pp Hb: 978-0-415-43691-5: £85.00 Pb: 978-0-415-43692-2: £27.99 eBook: 978-0-203-89440-8 A GlassHouse Book

Edited by Keith Hayward, University of Kent, UK and Mike Presdee, University of Kent, UK In a world in which media images of crime and deviance proliferate, where every facet of offending is reflected in a ‘vast hall of mirrors’, Framing Crime: Cultural Criminology and the Image makes sense of the increasingly blurred line between the real and the virtual. Images of crime and crime control have now become almost as ‘real’ as crime and criminal justice itself; such that the meaning of both crime and crime control resides, not solely in the essential and essentially false - factuality of crime rates or arrest records; but also in a contested process of symbolic display, cultural interpretation, and representational negotiation. It is essential, then, that criminologists are closely attuned to the various ways in which crime is imagined, constructed and framed within modern society. Framing Crime: Cultural Criminology and the Image responds to this demand with a collection of papers aimed towards helping the reader better understand the ways in which the contemporary ‘story of crime’ is constructed and promulgated through the image, as well as providing the relevant analytical/research tools to unearth the hidden social and ideological concerns that frequently underpin images of crime, violence and transgression. Selected Contents: 1. Opening the Lens: Framing Crime Keith Hayward and Mike Presdee 2. The Punitive Photograph: Cultural Criminology and the Force of the Image Phil Carney 3. The Decisive Moment: Cultural Criminology and Documentary Photography Cécile Van de Voorde and Jeff Ferrell 4. Staging an Execution: The Media at McVeigh: Cultural Criminology and Documentary Filmmaking Bruce Hoffman and Michelle Brown 5. Shooting Reality: Visual Ethnographic Techniques in Drug-using Locations Daniel Briggs 6. The Seductions of Crime Movies: Cultural Criminology and Hollywood Film Majid Yar 7. Underwriting the ‘War on Terror’: Fiction, Film, and Framing Alexandria Campbell 8. A Reflected Gaze of Humanity: Cultural Criminology and Images of Genocide Wayne Morrison 9. Aboriginal Art as a Critique of Colonial Law and Practice: Artwork, Cultural Criminology and the Law Chris Cuneen 10. Virtual Combats: Othering, Fun and Violence among Argentinean and Dutch Football Supporters on the Internet Damián Zaitch and Tom de Leeuw 11. Sticking it to the Advertising Man: A Cultural Criminology of Transgressive TV Commercials Stephen L. Muzzati 12. Concluision: Futures of Crime and the Image Keith Hayward and Mike Presdee May 2009: 208pp Hb: 978-0-415-45903-7: £85.00 Pb: 978-0-415-45904-4: £24.99 A GlassHouse Book

A GlassHouse Book

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11

CRIMINOLOGY AND GOVERNANCE COMING SOON

COMING SOON

Foucault and Criminology

Radicalization

An Introduction

The Life Narratives of Political Prisoners

Veronique Voruz, University of Leicester, UK

Melissa Dearey, Department of Criminology, University of Hull, UK

Foucault and Criminology: an Introduction provides an introduction to Michel Foucault, written from the perspective of criminology’s engagement with his work. Foucault’s writing has become a central reference in theoretical and sociological criminology generally and, more specifically, in what Jock Young has called ’control theory’. The main purpose of this book is to offer a better, clearer and deeper understanding of ongoing criminological debates to both undergraduate and research students in criminology by outlining the theoretical framework which criminologists have taken from Foucault. Its second purpose is to trace the evolution of Foucault’s political project and to counterpose the thrust of his elaborations to the more pedestrian applications of his critical analyses of the present in the field of criminology. In these respects, Foucault and Criminology offers a ’map’ to guide students and practitioners of criminology: both through Foucault’s own writings and those of contemporary criminologists whose work may be characterised as Foucauldian. In so doing, it also pursues the argument that Foucault’s historical and theoretical analyses of discipline, power and governance must be understood in the context of his overall project if criminologists are to avoid reducing Foucault’s radicality, and to reclaim the critical, and resistive, potential of his work.

Expanding the influence of auto/biography studies into cultural criminology, this book addresses the origins, processes and cultures of terrorist criminality and political resistance in a globalized world. Criminologists and penologists have long been aware of the sheer volume of autobiography emerging from our prisons. Political prisoners, POWs, freedom fighters and terrorists have been consistently and strongly represented in this corpus of work, including such authors as Bobby Sands, Wole Soyinka, Nelson Mandela, Moazzam Begg, Ngugi wa Thiong’o, Angela Davis, George Jackson, and Aung San Suu Kyi among others. For many of those who have been detained for ostensibly politically motivated crimes, life writing has proven to be indispensable in explaining the causes and processes which account for their situation. Embedded with these life writings are narratives of radicalization or resistance. And this book undertakes an international and comparative analysis of such narratives, where the ’life story’ is considered as a mode of expressing and transmitting ’radical’ cultural values. November 2009: 234 x 156: 240pp Hb: 978-0-415-46772-8: £70.00 A GlassHouse Book

August 2009: 234 x 156: 208pp Hb: 978-0-415-46040-8: £75.00 Pb: 978-0-415-46041-5: £22.99 eBook: 978-0-203-09005-3 A GlassHouse Book

BSC PRIZE 2008 RUNNER UP

Hypercrime The New Geometry of Harm Michael McGuire, London Metropolitan University, UK ’This is an excellent book written in a very lively and engaging manner that immediately grabs the reader’s attention from the outset. [Hypercrime] provides a rich addition to the social control literature that will shape the contours of our understanding of control for decades to come.’ – Dr Laura Piacentini, University of Strathclyde, UK Hypercrime offers a radical critique of the narrow conceptions of cybercrime offered by current justice systems and challenges the governing presumptions about the nature of the threat posed by it. Selected Contents: Introduction. The Historical Rise of Cyber-Crime. Cyberspaces: Identity and Location. First Space Cyber-Harms: Harms to the Self and Other Objects. Second-Space Cyber-Harms: Harms to the Things Possessed by the Self and Other Objects. Third-space Cyber-Harms: Harms within the Immediate Lifeworld. Fourth-Space Cyber-Harms: The Governing Order – Regulating Cyberspace. A New Criminality? 2007: 234 x 156: 400pp Hb: 978-1-904385-93-6: £95.00 Pb: 978-1-904385-53-0: £29.99 eBook: 978-0-203-93952-9 A GlassHouse Book

More on Criminology and Governance ISBN

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Author/Editor

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Pub Date

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978-1-904385-03-5

City Limits*

Keith Heyward

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2004

£21.99

Law and Order

Mariana Valverde

978-1-904385-83-7

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978-1-904385-34-9

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Punishment and Madness

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Risk, Uncertainty and Government

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978-1-904385-05-9

Transnational and Comparative Criminology

James Shptycki & Ali Wardak

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£32.99

Criminology, Civilisation and the New World Order

Wayne Marrison

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978-1-904385-88-2

978-1-904385-37-0

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978-1-904385-12-7 Cultural Criminology Unleashed

Jeff Ferrell, Keith Hayward, Wayne Morrison & Mike Presdee

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*eBook Available

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£72.95 £30.99

2004

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12

CRIMINOLOGY AND GOVERNANCE

Governance and Regulation in Social Life

NEW

COMING SOON

Sex, Violence and Crime

Surveillance and Democracy

Essays in Honour of W.G. Carson

Foucault and the ’Man’ Question

Edited by Kevin Haggerty, University of Alberta, Canada and Minas Samatas, University of Crete, Greece

Edited by Augustine Brannigan, University of Calgary, Canada and George Pavlich, University of Alberta, Canada With leading international contributors, this text is the only work currently available that examines W.G. Carson and his crucial influence in the turn towards sociological approaches to criminology and a criminological interest in governance and social control. Selected Contents: Part 1: Are Occupational Health and Safety ’Crimes’ Really Criminal? Part 2: Modalities of Governance, Social Control and Resistance Part 3: Crime, Community and Social Justice 2007: 234 x 156: 272pp Hb: 978-1-84568-110-4: £75.00 eBook: 978-0-203-94504-9 A GlassHouse Book

Informal Reckonings Conflict Resolution in Mediation, Restorative Justice, and Reparations Andrew Woolford, University of Manitoba, Canada and R.S. Ratner, University of British Columbia, Canada Informal Reckonings is a critical examination of mediation, restorative justice and reparations and how they reinforce yet potentially transform the formal justice system. Selected Contents: Part 1: Formal and Informal Justice: What is ’Formal’ Justice? Part 2: Resolving Conflict in a Changing World: Understanding Transformations in the Juridical Field Part 3: Mediation as ’Informal Justice’: What is Mediation? Part 4: Restorative Justice as ’Informal’ Justice: What is Restorative Justice? Part 5: Reparations As Informal Justice: What Are Reparations? Part 6: Conclusions 2007: 234 x 156: 160pp Hb: 978-0-415-42934-4: £75.00 Pb: 978-1-904385-86-8: £19.99 eBook: 978-0-203-93873-7 A GlassHouse Book

Adrian Howe, RMIT, Australia What happens when you sex violent crimes? More specifically, what happens when you make men’s violence against women the subject of a conversation or the focus of scholarly attention? The short answer is: all hell breaks loose. Adrian Howe explores some of the ways in which this persistent and pervasive form of violence has been named and unnamed as a significant social problem in western countries over the past four decades. Addressing what she calls the ‘Man’ question-so named because it pays attention to the discursive place occupied, or more usually vacated, by men in accounts of their violence against women-she explores what happens when that violence is placed on the criminological and political agenda. Written in a theoretically-informed yet accessible style, Sex, Violence and Crime provides a novel and highly original approach to questions of sex and violence in contemporary western society. Directed at criminologists, students and, more widely, at anyone interested in these issues, it challenges readers to come to grips with postmodern feminist reconceptualisations of the fraught relationship between sex, violence and crime in order to better combat men’s violence against women and children. Selected Contents: On the Popularity of Sex and the Topicality of Violence. Sex, Violence and Method. Sex, Violence and Criminology. Pierre Riviere: A Postmodern Case Study (or For and Against Foucault). ’Strange’ Men: From Sex to Sex Killers in the ’Age of Sex Crime’. Putting Men on the Agenda: Racializing Sexual Violence. Naming and Un-Naming Men’s Violence: ’Domestic Violence’ and other Discursive Strategies. The ’Discovery’ and ’Rediscovery’ of Child (Sexual) Assault. The ’Woman Question’ in Sexed Crime: Woman as Victim/Killer/Agent October 2008: 234 x 156 Hb: 978-1-904385-92-9: £85.00 Pb: 978-1-904385-10-3: £29.95 eBook: 978-0-203-89127-8 A GlassHouse Book

This book represents the first sustained attempt to grapple with the relationship between surveillance and democracy. Is surveillance a barrier to democratic processes, or might it be a necessary component of democracy? How has the legacy of post 9/11 surveillance developments shaped democratic processes? As surveillance measures are increasingly justified in terms of national security, is there the prospect that a shadow ’security state’ will emerge? How might new surveillance measures alter the conceptions of citizens and citizenship which are at the heart of democracy? How might new communication and surveillance systems empower (or limit) the prospects for meaningful public activism? Ultimately directed towards a variety of interventions, such as control, regulation, care, governance, scientific advancement, profit, and so on, surveillance has become central to human organizational and epistemological endeavours and a cornerstone of governmental practices in assorted institutional realms. This social transformation towards expanded, intensified and integrated surveillance has produced many consequences. Most prominently, however it has given rise to an increased anxiety about the implications of surveillance for democratic processes; thus raising a series of questions about what surveillance means, and might mean, for civil liberties, political processes, public discourse, state coercion and public consent that the leading surveillance scholars gathered here take up. July 2009: 234 x 156: 240pp Hb: 978-0-415-47239-5: £95.00 Pb: 978-0-415-47240-1: £28.99 A GlassHouse Book

Crime, Inequality and the State Edited by Mary Vogel, King’s College London, UK This thoughtful and well-edited collection of readings focuses on explaining changing patterns of crime and criminal careers as well as state response through criminal justice policy. Selected Contents: 1. Bringing Inequality Back in to Crime, Law and Authority 2. Crime, Violence and Expanding Imprisonment 3. Criminal Careers 4. Social and Spatial Structure of Community 5. Race, Class and Gender in a Deindustrializing Society 6. Sentencing Discretion and Inequality Under the Common Law 7. Autocolonialism: Governing Through Coercion or Consent? 8. Paths Holding Promise 2007: 246 x 174: 656pp Pb: 978-0-415-38268-7: £26.99

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CRIMINOLOGY AND GOVERNANCE The Origins of Criminology

Technologies of InSecurity

A Reader

The Surveillance of Everyday Life

Edited by Nicole H. Rafter, Northeastern University, USA

Edited by Katja Franko Aas, University of Oslo, Norway, Helene Oppen Gundhus and Heidi Mork Lomell, Institute of Criminology, University of Oslo, Norway

The Origins of Criminology: A Reader contains a collection of nineteenth century texts from the key originators of the practice of criminology - selected, introduced, and with commentaries by the leading scholar in this area, Nicole Hahn Rafter. This book presents criminology as a unique field of study that took root in a context in which urbanization, immigration and industrialization changed the class structure of western nations. As relatively homogenous communities became more sharply divided and aware of a bottom-most group, the ’dangerous classes’, a new segment of the middle class emerged: professionals involved in the work of social control. Tracing the intellectual origins of criminology to physiognomy, phrenology, and evolutionary theories, this book demonstrates criminology’s background in new attitudes toward science and the development of scientific methodologies applicable to social and mental phenomena. Through an expert selection of original texts, it traces the emergence of ‘criminology’ as a new field purporting to produce scientific knowledge about crime and criminals. Selected Contents: 1. Physiognomy 2. Phrenology 3. Moral Insanity Theory 4. Degeneration Theory 5. The Rise of Criminal Statistics 6. The Habitual Offender 7. Criminal Anthropology 8. Late 19th Century Moral Imbecility Theory 9. Galton and New Approaches to Criminality 10. Emergence of the Sociological Approach to the Study of Crime March 2009: 234 x 156: 368pp Hb: 978-0-415-45111-6: £95.00 Pb: 978-0-415-45112-3: £26.99

A GlassHouse Book

This book examines developments in support for victims of crime in Asia. It shows how, contrary to the widely-held belief that Asian jurisdictions shy away from a rights based approach, there has been considerable progress in support for victims of crime. Selected Contents: Section 1: International Norms and Policy Perspectives Section 2: Victims of Crime in the Criminal Justice System Section 3: Specific Victims of Crime Section 4: Support Services for Victims of Crime Section 5: Compensation and Restorative Justice 2007: 234 x 156: 432pp Hb: 978-0-415-43585-7: £120.00 Pb: 978-0-415-43954-1: £34.99 eBook: 978-0-203-94493-6

2ND EDITION

Pat O’Malley, University of Sydney, Australia

Criminology

The Currency of Justice examines the broad implications of the ‘monetization of justice’ as more and more of life is regulated through this single medium. Money not only links together legal sanctions, but links legal sanctions to the much broader array of techniques for

Edited by Tom Ellis, University of Portsmouth, UK

April 2009: 234 x 156: 224pp Pb: 978-0-415-44591-7: £21.99

Series: Routledge Law in Asia

Fines and Damages in Consumer Societies

Learning from Key Debates

Debates in Criminal Justice provides a new and very original type of framework for learning, making considerable use of the other already available academic key texts, press articles, web sources and more.

Edited by Wing-Cheong Chan, National University of Singapore

The Currency of Justice

Debates in Criminal Justice

This innovative new book recognises that, while criminal justice studies is a core component of all criminology/criminal justice undergraduate degrees, it can be a confusing, overwhelming and a relatively dry topic despite its importance. This helpful book takes an original approach, setting out a series of ten key dilemmas, presented as debates, designed to provide students with a clear framework with which to develop their knowledge and analysis in a way that is both effective and an enjoyable learning experience. This book is also designed for lecturers to structure a core unit of their courses around.

Support for Victims of Crime in Asia

Technologies of In Security examines how general social and political concerns about terrorism, crime, migration and globalization are translated into concrete practices of securitisation of everyday life. Selected Contents: Part 1: (In)security and Terror Part 2: (In)secure Spaces Part 3: (In)secure Virtualities Part 4: (In)secure Virtualities Part 5: (In)Secure rights August 2008: 234 x 156: 296pp Hb: 978-0-415-46455-0: £70.00 eBook: 978-0-203-89158-2

13

A Sociological Introduction Pam Cox, Eamonn Carrabine, Maggy Lee, Nigel South and Ken Plummer, all at University of Exeter, UK This fully revised textbook, ground in original research, is a clear and insightful introduction to the key topics studied in undergraduate criminology courses. Accessible and userfriendly, it is essential reading for all

governing everyday life. Selected Contents: 1. Money and Monetary Sanctions 2. Penal Fines 3. Regulatory Fines 4. Monetary Damages 5. The Currency of Justice February 2009: 234 x 156: 224pp Hb: 978-0-415-42567-4: £80.00 Pb: 978-1-84568-112-8: £22.99 A GlassHouse Book

criminology students. Selected Contents: Part 1: The Criminological Imagination 1. Introduction 2. Histories of Crime 3. Researching Crime Part 2: Thinking About Crime 4. Enlightenment and Early Traditions 5. Early Sociologies of Crime 6. Radicalizing Traditions: Marxism, Feminism and Foucault 7. Crime, Social Theory and Social Change 8. Crime, Place and Space Part 3: Doing Crime 9. Victims and Victimization 10. Crime and Property 11. Crime, Sexuality and Gender 12. Crime, Emotion and Social Psychology 13. Organizational and Professional Forms of Crime Part 4: Controlling Crime 14. Drugs, Alcohol, Health and Crime 15. Thinking about Punishment 16. The Criminal Justice Process 17. Police and Policing 18. Prisons and Imprisonment Part 5: Globalizing Crime 19. Green Criminology 20. Crime and Media 21. Terrorism, State Crime and Human Rights 22. Futures of Crime, Control and Criminology December 2008: 246 x 189: 568pp Pb: 978-0-415-46451-2: £24.99

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14

CRIMINOLOGY AND GOVERNANCE

International Criminology

Shortlisted for the Inner Temple Book Prize 2008

A Critical Introduction Rob Watts and Judith Bessant, both at Royal Melbourne Institute of Technology, Australia and Richard Hil, Southern Cross University, Australia

The Regulation of Cyberspace Control in the Online Environment

’This comprehensive volume is sure to put a new face on criminology; where it’s been, where it is now and what to expect in the future. Well-written, well thought out and informative, it is a must-read for anyone in the criminology field.’ – J.A. Hitchcock, Cyber Crime Expert and President of Working to Halt Online Abuse ’Blending historical inquiry with critical analysis, this highly engaging introduction to criminology should be on the reading list of everyone who is interested in crime and how we think about it.’ – Dorothy Denning, Professor of Defence Analysis, Naval Postgraduate School, USA International Criminology is an easy access critical introduction to how conventional criminologists in the international arena think about, and research crime. By using examples from the US, UK and Australia, the authors outline key ideas, vocabulary, assumptions and findings of the discipline while opening up a set of critical underlying issues and problems. From theoretical traditions to historical perspectives; contemporary criminology to reflexive criminology; this all encompassing text covers it all. This is the most valuable introduction to international criminology available for undergraduates and works as a superb refresher for more experienced students. Selected Contents: Introduction: Theoretical Traditions and Historical Perspectives 1. What is Crime?: How Criminologists Think about Crime 2. The Origins of Modern Criminology 3. The Consolidation of Modern Criminology 4. Dissenting Criminology: Issues in Contemporary Criminology 5. A Guide to Reading and Thinking about Criminology 6. Explaining Crime: Unemployment and Crime 7. Explaining Crime: Crime and the Family 8. Criminology and the Lure of Crime Prevention 9. Criminal Justice: Victimology and the Victim 10. Criminology and Corporate Crime 11. Criminology and State Crime. Conclusion: Towards a Reflexive Criminology February 2008: 246 x 174: 280pp Pb: 978-0-415-43179-8: £21.99

Andrew Murray, The London School of Economics and Political Science, UK This volume unites cyber and mainstream regulatory theory. Using the scientific techniques of chaos and synchronicity it explains how regulatory design functions, and offers a model for the design of effective regulation.

2006: 234 x 156: 296pp Hb: 978-1-904385-21-9: £100.00 Pb: 978-0-415-42001-3: £31.99 eBook: 978-0-203-94540-7 A GlassHouse Book

Handbook of Restorative Justice A Global Perspective Edited by Dennis Sullivan, Institute for Economic and Restorative Justice, New York, USA and Larry Tifft, Central Michigan University, USA A comprehensive collection of original articles by renowned international scholars, this Handbook is a vade mecum for all students and scholars. It surveys the entire landscape of restorative justice from its origins, philosophical and spiritual foundations, to ways in which its principles can be structured into social institutions to effect social change. 2007: 246 x 174: 592pp Pb: 978-0-415-44724-9: £26.99

COMING SOON

Penal Populism John Pratt, Victoria University of Wellington, New Zealand Series: Key Ideas in Criminology Following the USA, in many Western countries over the last decade, prison rates have increased while crime rates have declined. This key book examines the role played by penal populism on this and other trends in contemporary penal policy. Selected Contents: 1. What is Penal Populism? 2. Underlying Causes 3. Penal Populism, the Media and Information Technology 4. Penal Populism and Crime Control 5. Competing and Complimentary Influences on Penal Strategy and Thought 6. Is Penal Populism Inevitable? 2006: 198 x 129: 224pp Pb: 978-0-415-38508-4: £16.99

International Handbook of Criminology Edited by Shlomo Giora Shoham, Tel Aviv University, Israel, Paul Knepper and Martin Kett, both at University of Sheffield, UK The second Handbook in the Shoham trilogy, which includes the esteemed International Handbook of Penology and Criminal Justice and the upcoming International Handbook of Victimology, this volume is a comprehensive treatment of criminology theory. This text contains contributions from 25 of the top international scholars in the field across a wide range of disciplines. Topics include social deviance, research methods, biological and physiological explanations, personality types, and family socialization processes. The book also explores ecological and economic factors, differential association and situational crime prevention, cultural conflicts and immigration, as well as stigmas, group delinquency and juvenile delinquency. Keeping pace with the changing theoretical framework of criminology in the past several years, the new theories Dr. Shoham presents in this handbook urge a re-evaluation of current practices in criminology. CRC Press October 2009: 235 x 156: 700pp Hb: 978-1-4200-8551-8: £73.99

Related Titles Uncertain Risks Regulated (see page 46) Crime Scenes (see page 47) Prostitution, Politics & Policy (see page 56)

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CRIMINOLOGY AND GOVERNANCE

15

Playing the Identity Card

COMING SOON

COMING SOON

Surveillance, Security and Identification in Global Perspective

International Handbook of Victimology

Global Environment of Policing

Edited by Colin J Bennett, University of Victoria, Canada and David Lyon, Queen’s University, Canada This book analyzes the origins and consequences of new ID systems in several countries, highlighting urgent ethical and political questions. Selected Contents: Part 1: Setting the Scene 1. Playing the ID Card: Understanding the Significance of Identity Card Systems David Lyon and Colin Bennett 2. Governing by Identity Louise Amoore Part 2: Colonial Legacies 3. The Elusive Panopticon: The HANIS Project and the Politics of Standards in South Africa Keith Breckenridge 4. China’s Second Generation National Identity Card: Merging Culture, Industry, and Technology for Authentication, Classification, and Surveillance Cheryl L. Brown 5. Hong Kong’s ‘smart’ ID card: Designed to be Out of Control Graham Greenleaf 6. A Tale of the Colonial Age, or the Banner of New Tyranny? National Identification CARD Systems in Japan Midori Ogasawara 7. India’s new ID card: Fuzzy Logics, Double Meanings and Ethnic Ambiguities Taha Mehmood 8. Population ID Card Systems in the Middle East: The Case of the UAE Zeinab Karake Shalhoub Part 3: Encountering Democratic Opposition 9. Separating the Sheep from the Goats: The United Kingdom’s National Registration Program and Social Sorting in the Pre-Electronic Era Scott Thompson 10. The United Kingdom Identity Card Scheme: Shifting Motivations, Static Technologies David Wills 11. The Politics of Australia’s ’Access Card’ Dean Wilson 12. The INES biometric card and the politics of National Identity Assignment in France Laurent Laniel and Pierre Piazza 13. The US Real ID Act and the Securitization of Identity Kelly Gates 14. Toward a National ID Card for Canada? External Drivers and Internal Complexities Andrew Clement, Krista Boa, Simon Davis and Gus Hosein Part 4: Transnational Regimes 15. ICAO and the Biometric RFID Passport: History and Analysis Jeffrey Stanton 16. Another Piece of Europe in Your Pocket: The European Health Insurance Card Willem Maas July 2008: 234 x 156: 304pp Pb: 978-0-415-46564-9: £15.99

Edited by Shlomo Giora Shoham, Tel Aviv University, Israel Paul Knepper and Martin Kett, both at University of Sheffield, UK The third and final instalment of the Shoham Handbook trilogy, this work follows in the tradition of the International Handbook of Penology and Criminal Justice and the International Handbook of Criminology by providing state-of the-art information contributed by the leading experts in the field. The comparative nature of the cultural information presented provides a theoretical framework from which to rethink the field of victimology. The book covers such topics as the victim’s revolution, radical and positivist victimology, and victimology research. It also examines victim involvement in rape and other crimes and discusses battered women, female prisoners, and date rape. Written for a wide-ranging audience, the text also explores media coverage and public perceptions of victims. CRC Press October 2009: 235 x 156: 700pp Hb: 978-1-4200-8547-1: £73.99

COMING SOON

Security in Post Conflict Africa The Role of Non-State Policing Bruce Baker, Coventry University, UK Series: Advances in Police Theory and Practice Based upon six years of field work, Dr. Baker presents his findings on eight post-conflict African countries. His research, gathered through interviews, observations, and focus groups, examines the complex types of law enforcement and crime prevention systems that have developed during times of political and social instability. He explores the concept of non-state policing, explains why it dominates African security services, describes the services provided, and discusses issues of accountability. He suggests ways to enhance these systems and presents solutions for ensuring law, order, and safety so that life can improve and democracy can develop. CRC Press August 2009: 235 x 156: 250pp Hb: 978-1-4200-9193-9: £67.99

Visions of Violence Cinema, Crime, Affect

Edited by Dilip K. Das, International Police Executive Symposium, Guilderland, New York, USA, Darren Palmer, Deakin University at Waurn Ponds, Victoria, Australia and Clifford D. Shearing, University of Cape Town, Rondebosch, South Africa Focusing on major changes in policing across the globe, this book examines the effects of pressures within a society, terrorism and transnational crime, social and political transformations within countries, and funding constraints. The book consists of case studies from contributors that include high level police executives, practitioners, and academics from universities in North and South America, Europe, Africa, Asia, Australia. The contributors address issues such as policing in developing countries, transitioning from war to peace time policing, the effects of terrorism and national security, problem oriented policing, private policing, police accountability, gender issues, and democratic influences. Selected Contents: Introduction. The Changing States of Policing. Policing in Brazil at the Beginning of the 21st Century: Severe Challenges in Developing Countries. From War to Peace: Transnational and Local Challenges for Poling and the Provision of Security in Northern Ireland. People Friendly Police and Democratic Controls. Challenges of the Koban (Police Box) System in the 21st Century. The Impacts of Global Security Contexts on Global Police Roles and Tasks: The case of The Netherlands. Toward an Integrated Model of Problem-Oriented Policing. Security Challenges. Counter-Terrorism Across the Policing Continuum in Australia. Policing Alberta’s Oil Patch: Public Interest and Security. Challenges for the 21st Century in Taiwan – Law Enforcement, Domestic Intelligence and Homeland Security. Confronting Terrorism in Nepal. Controlling Crime and Terrorism in Democratic Societies: Strengths, Weaknesses and Suggestions for the COMPSTAT Paradigm. Toward More Democratic Policing. Challenges for Policing in the 21st Century: The Growth of Private Policing. Oversight and Accountability Mechanisms: The Experience of the Jamaica Constabulary Force. Increasing the Accountability of the Police in Mexico. Shifting Parameters for Police Accountability in South Africa: Local Concerns, Regional Dynamics and Transnational Influences. The Experience of Serving Black Police Officers in the Britain. Social and Political Opportunities and the Influence of the New Zealand Police Association. The Gender Element in Police Reform: the Afghan Experience. Policing, Regime Change, and Democracy: Reflections from the Case of Mexico CRC Press September 2009: 235 x 156: 350pp Hb: 978-1-4200-6590-9: £52.99

Alison Young, Melbourne University, Australia A crucial question in the analysis of legal practices concerns the processes of identification with, in and as law – a question of how and by what route law achieves its ends. While it is conventional to interpret the practices of law through the institutional sources of the legal tradition, Visions of Violence considers how law and legal practices figure in the cultural field; and, specifically, in film. August 2009: 234 x 156: 224pp Hb: 978-0-415-49071-9: £70.00 eBook: 978-0-203-88079-1 A GlassHouse Book

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16

EUROPEAN LAW

European Union Non-Discrimination Law

The Fragility of Law Constitutional Patriotism and the Jews of Belgium, 1940-1945

Comparative Perspectives on Multidimensional Equality Law

David Fraser, University of Nottingham, UK

Edited by Dagmar Schiek, University of Leeds, UK and Victoria Chege, University of Oldenburg, Germany EU equality law is multidimensional in being based on different rationales and concepts. Consequently, the concept of discrimination has become fragmented, with different instruments envisaging different scopes of protection. This raises questions as to the ability of EU law to address the situation of persons excluded on a number of grounds. This edited collection addresses the increasing complexity of European Equality Law from jurisprudential, sociological and political science perspectives. Internationally renowned researchers from Scandinavian, Continental and Central European countries and Britain analyse consequences of multiplying discrimination grounds within EU equality law, considering its multidimensionality and intersectionality. The contributors to the volume theorise the move from formal to substantive equality law and its interrelation to new forms of governance, demonstrating the specific combination of non-discrimination law with welfare state models which reveal the global implications of the European Union. The book will be of interest to academics and policy makers all over the world, in particular to those researching and studying law, political sciences and sociology with an interest in human rights, non discrimination law, contract and employment law or European studies. Selected Contents: Introduction Part 1: Assessing Legal Responses to Multidimensional Equality Part 2: Theorising Intersectionality from Different Disciplinary Angles Part 3: Comparative Approaches to Multidimensional Equality Law in Europe Part 4: A Symbol of Intersectionality in Legal Discourse – The Headscarf Enigma August 2008: 234 x 156: 448pp Hb: 978-0-415-45722-4: £85.00 Pb: 978-0-415-47115-2: £20.00 eBook: 978-0-203-89262-6

The Fragility of Law examines the ways in which, during the Second World War, the Belgian government and judicial structure became implicated in the identification, exclusion and killing of its Jewish residents, and in the theft through Aryanization - of Jewish property.

Law, Democracy and Solidarity in a Post-national Union The Unsettled Political Order of Europe Edited by Erik Oddvar Eriksen, University of Oslo, Norway, Christian Joerges and Florian Rödl, both at University of Bremen, Germany Series: Routledge Studies on Democratising Europe

David Fraser demonstrates how a series of political and legal compromises meant that the infrastructure for antisemitic persecutions and ultimately the deaths of thousands of Belgian Jews was Belgian.

This book investigates how the values of the rule of law, solidarity and democracy can be understood in the European Union in order to ensure the sustainability of the European political order.

Based on extensive archival research in Belgium, France, the United States and Israel, The Fragility of Law offers the first detailed exploration in English of this intriguing and virtually unexplored episode of Holocaust history. Belgian legal officials did not hesitate to invoke the provisions of international law found in the Hague Convention and those guarantees of individual freedom found in the national Constitution to oppose the demands of the German Occupying Authority. However, they remained largely silent when anti-Jewish persecution was at stake. Indeed, despite the 2007 official report of expert historians on Belgian state collaboration in the persecution of the country’s Jewish population, the mythology of ’passive collaboration’ which has dominated Belgian historiography and accounts of the Holocaust in that country, must be radically rethought.

Selected Contents: Part 1: Rule of Law in a Context of Governance Part 2: The Social Deficit of the Union Part 3: Identity and Collective Memories Part 4: Post-national Democracy in Europe July 2008: 234 x 156: 272pp Hb: 978-0-415-46227-3: £70.00 eBook: 978-0-203-89255-8

Selected Contents: 1. The Taxonomies of an Anti-Jewish Legal Order 2. The Secretaries-General: Passive Collaboration, Belgian Law and the Jews, 1940-45 3. The Fragility of Law: Anti-Jewish Decrees and Belgian Legal Elites 4. Aryanization, Legalized Theft and Belgian Legality 5. Belgian Municipalities and the Introduction of Anti-Jewish Decrees 6. Brussels: Passive Collaboration and the Jews of the Capital 7. Communicating, Informing, and Deciding: The City of Brussels and Passive Collaboration 1941-44 8. Liège and Its Jews: "Hebrew and Polish Stores", June 1940 9. Hirsch & Co: A Case Study of Aryanization in Belgium 10. Belgian Lawyers, Belgian Judges, Jewish Cases 11. Constitutional Patriotism and the Fragility of Law November 2008: 234 x 156: 288pp Hb: 978-0-415-47761-1: £70.00 eBook: 978-0-203-88500-0

COMING SOON

Religion, Politics and Law in the European Union Edited by Lucien Leustean, Aston University, UK and John Madeley, London School of Economics and Political Science, University of London, UK This edited volume examines the activities of religious actors in the context of supranational European institutions, and the ways in which they have responded to the idea of Europe at local and international levels. It considers changing religious identities; the role of political/religious leaders; and EU legislation on religion. Selected Contents: Religious Identity and the European Union Religious and Political Leaders in the Construction of the European Union Religion and Law in the European Union Religious Lobbies in the European Union October 2009: 246 x 174: 256pp Hb: 978-0-415-46627-1: £70.00

A GlassHouse Book

More on European Law ISBN

Title

Author/Editor

Binding

Pub Date

Price

978-1-85941-980-9

Migration, Diasporas and Legal Systems in Europe

Prakash Shah & Werner Menski

Hardback

2006

£85.95

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EUROPEAN LAW

FAMILY LAW

17

COMING SOON

COMING SOON

COMING SOON

Centralized Enforcement, Legitimacy and Good Governance in the EU

Ratifying European Union Treaties

Rights, Gender and Family Law

The Role of the Centralised Enforcement Action

Carlos Closa Montero, Centre for Political and Constitutional Studies, Madrid, Spain

Melanie Smith, University of Cardiff, UK

Series: Routledge Advances in European Politics

Series: Routledge Research in European Union Law Article 226 EC is the central mechanism of enforcement in the EC Treaty, and remains unchanged since the original Treaty of Rome. This book examines Article 226 in the light of contemporary debates including concepts such as democracy, legitimacy, good administration and good governance in the EU. Selected Contents: 1. Introduction 2. Mind the Accountability Gap – Administrative Law and Legitimate Governance 3. Conceptualising Democracy, Legitimacy and the Development of Good Governance in the EU 4. The Management Game – Political Enforcement, Neutral Guardianship and Legal Uniformity 5. The Policy on Enforcement in an Era of Good Governance 6. The Impact of the European Ombudsman: Breaking Down Barriers to Procedural Legitimacy 7. Conclusions August 2009: 234 x 156: 256pp Hb: 978-0-415-46784-1: £65.00

The Making of a European Constitution Judges and Law Beyond Constitutive Power Michelle Everson and Julia Eisner, both at Birkbeck, University of London, UK An original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting the sustainability of a theory or praxis of ‘procedural’ constitutionalism. Selected Contents: Introduction. Constitutional Mo(u)rning. Retelling the Legal Integration Story. Forgetting Law. Adjudicating Non-authoritative Law. Constitutionalizing the Institutional Balance of Powers. The Principled Judicial Mechanics of Constitutional Morphogenesis. Constitutionalism Beyond Constitutions 2007: 234 x 156: 256pp Hb: 978-0-415-43905-3: £75.00 eBook: 978-0-203-93980-2

Processes and Actors

Focuses on the politics of ratification of EU Treaties and reviews the processes of ratification of EU primary legislation. The cases explored include, amongst others, the Treaties of Rome and Paris and the so far, failed EU constitution. Selected Contents: 1. Introduction: mapping out ratification 2. The History of the Ratification Rules in the EU Treaties: why they have not changed? 3. The Role of National Parliaments 4. National Constitutions and EU Constitutional Change 5. The Role of Domestic Courts (Constitutional Courts and Advisory Bodies) in Ratification 6. Ratification Referendums 7. Citizens and Public opinion: the background for ratification 8. Convergence and Divergence in Ratification Politics 9. Conclusion: ratification and EU constitutional politics September 2009: 234 x 156: 208pp Hb: 978-0-415-45489-6: £70.00

Related Titles The Europeanisation of Contract Law (see page 5) The Law and Consumer Credit Information in the European Community (see page 26) New Governance and the European Strategy for Employment (see page 30) Migration, Integration and Crime in Europe (see page 55) Criminal Law and Policy in the European Union (see page 6)

Edited by Julie Wallbank, School of Law, University of Leeds, Shazia Choudhry and Jonathan Herring, University of Oxford, UK There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the United Kingdom, the United States, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments - and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon different ethics - respectively, of justice and of care - for others, they can nevertheless be reconciled. In this respect, a central concern is the ’gender-blind’ character of rights-based approaches, and the ontological and practical consequences of their employment in the gendered context of the family: for the balance of power between women as mothers and men as fathers, as well as for children’s welfare. The contributors to Rights, Gender and Family Law explore the tensions between rights based approaches and welfare based approaches in family law: explaining their differences and connections; considering whether, if at all, they are reconcilable; and addressing the extent to which they can advantage or disadvantage the interests of women, children and men. It may be the case that rights-based discourses will come to dominate family law, at least in respect of the way that social policy and legislation responds to calls of equality of rights between mothers and fathers. This book, however, argues that rights cannot be given centre-stage without thinking through the ramifications for gendered powerrelations, and the welfare of children. June 2009: 234 x 156: 240pp Hb: 978-0-415-48267-7: £75.00 A GlassHouse Book

Related Titles Essays on Law, Men and Masculinities (see page 9) Child Sexual Abuse (see page 55) Children and International Human Rights Law (see page 20) The Legal Regulation of Pregnancy and Parenting in The Labour Market (see page 30)

A GlassHouse Book

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18

FAMILY LAW

GENDER AND SEXUALITY

Criminal Abuse of Women and Children

Legal Responses to Domestic Violence

An International Perspective

Mandy Burton, University of Leicester, UK

Edited by Obi N.I. Ebbe, University of Tennessee, Chattanooga, USA and Dilip K. Das, International Police Executive Symposium, Guilderland, New York, USA

This book aims to examine legal responses to domestic violence in a holistic way. In England and Wales, as in other jurisdictions, much attention has been paid to the criminal justice response to domestic violence. The response of the civil justice system has not been ignored, but has been somewhat marginalized. Legal Responses to Domestic Violence takes a systematic approach to examining legal responses, encompassing the full range of decision makers within the legal system to analyze developments in substantive law and practice, in particular the movement towards an integrated justice approach.

Written by international leaders with firsthand knowledge of the issues, this book investigates criminal and non-criminal abuses of women and children. Following an introduction to the historical antecedents and theoretical explanations of criminal abuse, the text presents case studies from Europe, Asia, Africa, the Middle East, and the Americas. The final chapters conclude with applied perspectives of these case studies. By providing data on criminal exploitation, presenting the international nature of the crime, and highlighting domestic and international organizations devoted to this cause, Criminal Abuse of Women and Children elevates this topic to a subject worthy of academic discourse. Selected Contents: Introduction. Case Studies of Criminal Abuse of Women and Children: Perspectives from Europe. Perspectives from Africa. Perspectives from Asia, the Middle East, and the Americas. Applied Perspectives CRC Press April 2009: 235 x 156: 245pp Hb: 978-1-4200-8803-8: £62.99

Selected Contents: 1. The Role of Law 2. The Evolving Civil Law 3. Using the Civil Law 4. Where Next for Civil Law?: The Evolving Criminal Law 4. Using the Criminal Law 5. Where next for Criminal Law? May 2008: 234 x 156: 168pp Hb: 978-0-415-45423-0: £85.00 Pb: 978-1-84472-026-2: £45.00 eBook: 978-0-203-92775-5

Choice and Consent Feminist Engagements with Law and Subjectivity Edited by Rosemary Hunter, University of Kent, UK and Sharon Cowan, University of Edinburgh, UK This current and timely volume presents new thinking and new directions in feminist legal scholarship. Rethinking key concepts in legal feminism, Cowan and Hunter provide a unique examination of key socio-legal concepts in law, jurisprudence and legal and political theory. 2007: 234 x 156: 192pp Hb: 978-1-904385-85-1: £70.00 eBook: 978-0-203-93738-9 A GlassHouse Book

Gender, State and Social Power in Contemporary Indonesia Divorce and Marriage Law Kate O’Shaughnessy, Department of Foreign Affairs and Trade, Canberra, Australia Series: ASAA Women in Asia Series

Feminist Perspectives on Family Law Edited by Alison Diduck, University College London, UK and Katherine O’Donovan, Queen Mary, University of London, UK Series: Feminist Perspectives This book assesses the impact that feminism has had upon family law and examines specific areas of family law from a feminist perspective. It is broad in scope and looks at issues of current legal and political preoccupation. Selected Contents: 1. Introduction: Feminism and Families Plus Ca Change? 2. Family Friendly?: Rights, Responsibilities and Relationship Recognition 3. Shared Households: A New Paradigm for Thinking about the Reform of Domestic Property Relations 4. What is a Parent? 5. Parents in Law: Subjective Impacts and Status Implications Around the Use of Licensed Donor Insemination 6. After Birth: Decisions about Becoming a Mother 7. The Ethic of Justice Strikes Back: Changing Narratives of Fatherhood 8. Domestic Violence, Men’s Groups and the Equivalence Argument 9. Feminist Perspectives on Youth Justice 10. Working Towards Credit for Parenting: A Consideration of Tax Credits as a Feminist Enterprise 11. ’The Branch on Which We Sit’: Multiculturalism, Minority Women and Family Law 12. Feminist Legal Studies and the Subject(s) of Men: Questions of Text, Terrain and Context in the Politics of Family Law and Gender 2006: 234 x 156: 288pp Hb: 978-1-904385-42-4: £100.00 Pb: 978-0-415-42036-5: £31.99 eBook: 978-0-203-94538-4

This book examines gender, state and social power in Indonesia, focusing especially on state regulation of divorce from 1965 to 2005. It shows how regulation was an important tool of social control by the New Order regime, and explores how state power was contested and co-opted by men and women. Selected Contents: Introduction Part 1: Legal Contexts Of Divorce 1. Gender And Law: Shaping Female Legal Subjectivity 2. Divorce, Property Relations and Power Part 2: Discourses Of Divorce 3. Divorce and Shame 4. Marital Rights and Obligations Part 3: Implications of Divorce 5. Women’s Agency: Acquiescence, Co-Optation and Resistance 6. Modernity, Religion, and Nation: Divorce and the Production of Gendered Identities. Conclusion. Bibliography December 2008: 234 x 156: 256pp Hb: 978-0-415-47650-8: £75.00 eBook: 978-0-203-88398-3

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GENDER AND SEXUALITY Intimacy and Responsibility

Sexuality and the Law

COMING SOON

The Criminalisation of HIV Transmission

Feminist Engagements

Matthew Weait, Birkbeck, University of London, UK

Edited by Vanessa Munro, King’s College London, University of London, UK and Carl Stychin, University of Reading, UK

Sexuality and the Politics of Rights in Southern Africa

In what circumstances and on what basis, should those who transmit serious diseases to their sexual partners be criminalised? In this new book Matthew Weait uses English case law as the basis of a more general and critical analysis of the response of the criminal courts to those who have been convicted of transmitting HIV during sex. Examining cases and engaging with the socio-cultural dimensions of HIV/AIDS and sexuality, he provides readers with an important insight into the way in which the criminal courts construct the concepts of harm, risk, causation, blame and responsibility. Taking into account the socio-cultural issues surrounding HIV/AIDS and their interaction with the law, Weait has written an excellent book for postgraduate and undergraduate law and criminology students studying criminal law theory, the trial process, offences against the person, and the politics of criminalisation. The book will also be of interest to health professionals working in the field of HIV/AIDS genito-urinary medicine who want to understand the issues that may face their clients and patients. Selected Contents: Introduction. Overview of the English Case Law. The International and Historical Context. HIV/AIDS and its Meanings. R v Konzani: A Case Study. Harm. Causation. Fault. Consent. Conclusion 2007: 234 x 156 Hb: 978-1-904385-71-4: £85.00 Pb: 978-1-904385-70-7: £25.99 eBook: 978-0-203-93793-8 A GlassHouse Book

‘Rediscovering’ the peculiarity of feminist perspectives, rather than the range of gender-oriented analyses, in legal regulation and sexuality, this edited collection avoids the reductionist and essentialist shortcomings of ‘feminism unmodified’. Selected Contents: Introduction 1. Devil-in Disguise?: Harm, Privacy and the Sexual Offences Act 2003 2. On being Responsible 3. ’Freedom and the Capacity to Make a Choice’: A Feminist Analysis of Consent in the Criminal Law of Rape 4. De-meaning of Contract 5. Out of the Shadows: Feminist Silence and Liberal Law 6. Transgender: Destabilising Feminism? 7. Beyond Unity 8. Speaking beyond Thinking: Citizenship, Governance and Lesbian and Gay Politics 9. Teenage Pregnancies and Sex Education: Constructing the Girl/Woman Concept 10. ’Faith’ and the ’Good’ Liberal: The Construction of Female Sexual Subjectivity in Anti-trafficking Legal Discourse 11. Making Sense of Zero Tolerance Policies in Peacekeeping Sexual Economies 12. Wives and Whores: Prospects for a Feminist Theory of Redistribution 2007: 234 x 156: 336pp Hb: 978-1-904385-67-7: £100.00 Pb: 978-1-904385-66-0: £29.99 eBook: 978-0-203-94509-4 A GlassHouse Book

The Legacy of Venus Monstrosa Oliver Phillips, University of Westminster, London, UK Exploring sexuality and what constitutes appropriate sexual behaviours in South Africa and Zimbabwe, this book views sexuality as an instrument of social regulation and traces the historical continuities between colonialism and current debates. The distinctly contrary ways that both countries have approached sexuality epitomize either the intransigence of the ‘traditional’ or the promise of ‘liberation’. Phillips analyzes their differences and similarities, including the contrasting role of the constitution as a platform for rights in each country, their different engagement with customary law and legal subjectivity within the context of a range of concerns, including: • gender equality • expressions of cultural authenticity • rights in local attempts to define the post-colonial nation. A powerful look at the key elements of gender relations, post-colonial nationhood and sexual rights, this book is an invaluable legal reference resource for all those interested in the interface between sexuality, gender and the law. Selected Contents: Introduction. The Growth of the State and the Development of ’Sexuality’. Sex Panics and the Nation. HIV/AIDS, National Policies and the Troubles of Sex. Intimate Challenges, Public Containment. Conclusion July 2009: 234 x 156: 250pp Hb: 978-1-904385-18-9: £70.00 A GlassHouse Book

Related Titles Binding Men (see page 7) Intersectionality and Beyond (see page 40) Feminist Perspectives on Land Law (see page 31) Feminist Perspectives on Family Law (see page 18)

More on Gender and Sexuality ISBN 978-1-904385-65-3

Title

Author/Editor

Women and Immigration Law

Thomas Spijker and Sarah Van Walsum

978-1-904385-64-6 978-1-904385-57-8

Binding Hardback

Pub Date 2006

Paperback Racial, Ethnic and Homophobic Violence

Bénédicte Deschamps and Marie-Claude Barbier

19

Hardback

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Price £90.00 £20.99

2006

£47.00


20

GENDER AND SEXUALITY

COMING SOON

Transcending The Boundaries Of Law Generations of Feminism and Legal Theory Edited by Martha Albertson Fineman, Emory University, USA Transcending the Boundaries of Law brings together three generations of the most respected feminist legal theorists in order to assess the past, the present and the future of feminist legal thought in the Law and Society tradition. Transcending the Boundaries of Law marks the 25th year of the Feminism and Legal Theory Project, and follows the publication - based on a series of workshops at the University of Wisconsin in 1984 - of the very first anthology in feminist legal theory, At the Boundaries of Law (published by Routledge in 1991). Bringing together some of the original contributors to that volume, as well as their students and the newest generation of critical gender scholars, this anthology not only provides a ’retrospective’ on 25 years of theoretical engagement and evolution in regard to gender and law scholarship; it also charts a course for its future. The anthology is organized according to a three-generation schema. First is what might be termed the transitional generation of feminist legal scholars: those who moved us from women-in-law to feminist legal theory. There are many untold stories about that transition. Second, is the work of the students who followed in their wake. Their path was ’easier’, in that they had both feminist material and mentors to facilitate their scholarly projects, and they raised important intersectional ideas and concepts that complicated the very concept of gender. They have also taken on counter and conservative movements in law, such as that represented by law and economics and sociobiology. The third section contains new theories and theorists: the work of those who are broadening the inquiry: sometimes challenging the ’traditional’ feminist model with more critical perspectives on gender theory; and, of necessity, addressing the tensions that have emerged between queer and feminist theories, as well as the increasingly obvious inadequacies of identity-based analyses. Providing an untold intellectual history of the evolution of feminist legal thought, as well as assessing the future of feminist legal theory, Transcending the Boundaries of Law is a ground-breaking collection that will be central to the further development of feminism and related critical theories. December 2009: 234 x 156: 256pp Hb: 978-0-415-48138-0: £85.00 Pb: 978-0-415-48140-3: £24.99 A GlassHouse Book

HUMAN RIGHTS Children and International Human Rights Law

Human Rights and Empire

The Right of the Child to be Heard

Costas Douzinas, Birkbeck College, UK

The Political Philosophy of Cosmopolitanism ’A key contribution to the renewal of not only radical theory, but also radical politics’ – Slavoj Zizek

Aisling Parkes, University College, Cork, Ireland The United Nations Convention on the Rights of the Child 1989 is one of the most highly ratified human rights treaties in the world, with 192 states currently signed up to it. Article Twelve is fundamental to the Convention and states that all children capable of forming views have the right to express those views, and recognises that all children have the right to be heard in any judicial and administrative proceedings affecting them. This book explores the extent to which Article Twelve has been implemented under international law, and in domestic law, as well as setting-out recommendations for the most effective ways of implementing Article Twelve in all areas of children’s lives. Selected Contents: 1. Article 12 and Child Participation 2. The Nature and Scope of Article 12 of the CRC 3. Implementing Article 12 in Practice 4. The Family 5. Family Law Proceedings 6. Education 7. Children in Conflict with the Law 8. Child Participation at Community, National and International Level 9. National Human Rights Institutions 10. International Enforcement of the CRC 11. Conclusion April 2009: 234 x 156: 320pp Hb: 978-0-415-45836-8: £70.00

Freedom of Expression A Critical and Comparative Analysis Vincenzo Zeno-Zencovich, University Roma Tre, Italy Series: UT Austin Studies in Foreign and Transnational Law This book takes a multidisciplinary approach to the issues surrounding freedom of expression, looking at the current legal position in a number of European countries and the EU as well as engaging with the wider debates on the topic amongst sociologists, political scientists and economists. Selected Contents: 1. Freedom to print or freedom of the press? 2. Broadcasting 3. Journalistic activity 4. Freedom of expression as an alienable right 5. Advertising 6. Freedom of expression and economic regulation 7. The main areas of conflict: pornography, peaceful coexistence, national security 8. Towards a European framework? 9. Freedom of expression in the Internet age 10. From information, to communication, to knowledge 11. Conclusive remarks June 2008: 216 x 138: 160pp Hb: 978-0-415-46670-7: £75.00 Pb: 978-0-415-47155-8: £20.00 eBook: 978-0-203-89308-1

’A truly compelling argument ... one of the most original contributions to the question of the moral and legal status of human rights’ – Drucilla Cornell ’beautiful and clearly written... the author’s combination of erudition, passion and lively style makes the work a constantly fascinating read. ...a worthwhile introduction to the history of political philosophy.’ – Cardozo Law Review, March 2008 Erudite and timely, this book is a key contribution to the renewal of radical theory and politics. Asking whether there ‘is an intrinsic relationship between human rights and the recent wars carried out in their name?’ and whether ‘human rights are a barrier against domination and oppression or the ideological gloss of an emerging empire?’ this book examines a range of topics, including: • the normative characteristics, political philosophy and metaphysical foundations of our age • the subjective and institutional aspects of human rights and their involvement in the creation of identity and definition of the meaning and powers of humanity • the use of human rights as a justification for a new configuration of political, economic and military power. Exploring the legacy and the contemporary role of human rights, this topical and incisive book is a must for all those interested in human rights law, jurisprudence and philosophy of law, political philosophy and political theory. Selected Contents: Part 1: The Paradoxes of Human Rights 1. The End of Human Rights? 2. Identity, Desire, Rights 3. The Many Faces of Humanitarianism 4. The Politics of Human Rights 5. Freedom in a Biopolitical Setting Part 2: The Normative Sources of the New World Order 6. Empire or Cosmopolitanism? 7. Cosmopolitanism Ancient, Modern, Postmodern 8. Human Rights: Values in a Valueless World 9. The Brief Glory and the Long Crisis of International Law 10. War, Violence, Law 11. Bare, Theological and Cosmopolitan Sovereignty 12. Postscript: The Cosmopolitanism to Come 2007: 234 x 156: 336pp Hb: 978-0-415-42758-6: £90.00 Pb: 978-0-415-42759-3: £26.99 eBook: 978-0-203-94511-7 A GlassHouse Book

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HUMAN RIGHTS Human Rights Controversies The Impact of Legal Form Luke McNamara, University of Wollongong, Australia Many countries confront similar human rights controversies, but, despite the claimed universality of human rights values they are not always resolved in the same way. Why? What role do local legal conditions play? Is human rights discourse more potent where rights are constitutionally entrenched, rather than where there is a tradition of respect for underlying human rights values but no bill of rights? Comparative socio-legal examination of three recent controversies - double jeopardy reform, recognition of same-sex relationships and the operation of hate speech laws - in four countries - Australia, Canada, New Zealand and the United Kingdom provides answers to these questions. Examination of these controversies suggests that differences in the design of domestic legal institutions and procedures for the injection of human rights values into legal decision-making processes can have a powerful effect on the manner in which human rights issues are constructed, handled and resolved. Selected Contents: Introduction: Universal Human Rights in a World of Localities. The Legal Protection of Human Rights: Rolling Back an Established Human Right: ’Reforming’ the Rule Against Double Jeopardy. Pushing the Boundaries of Human Rights Protection: Equality and the Recognition of Same Sex Relationships. Balancing ’Competing’ Human Rights: Drawing the Free Speech/Hate Speech Line. Conclusions: Does Legal Form Matter? 2007: 234 x 156: 320pp Hb: 978-1-904385-32-5: £100.00 Pb: 978-0-415-42038-9: £28.99 eBook: 978-0-203-94514-8 A GlassHouse Book

Human Rights and the Private Sphere

Human Rights in the South Pacific

A Comparative Study

Challenges and Changes

Edited by Jörg Fedtke, Tulane University, USA and Dawn Oliver, University College London, UK

Sue Farran, University of Dundee, UK

Series: UT Austin Studies in Foreign and Transnational Law Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study analyzes the interaction between constitutional rights, freedoms and private law. Focusing primarily on civil and political rights, an international team of constitutional and private law experts have contributed a collection of chapters, each based around a different jurisdiction. They include Denmark, France, Germany, India, Ireland, Israel, Italy, New Zealand, the UK, the US, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Union. As well as exploring, chapter by chapter, the key topics and debates in each jurisdiction, a comparative analysis draws the sections together; setting-out the common features and differences in the jurisdictions under review and identifies some common trends in this important area of the law. Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of international human rights law. Selected Contents: Part 1: Introduction General Introduction 1. Common Lines of Enquiry Part 2: Jurisdiction-based Chapters 2. European Court of Human Rights 3. European Union 4. Denmark 5. France 6. Germany 7. Greece 8. India 9. Ireland 10. Israel 11. Italy 12. South Africa 13. Spain 14. United Kingdom 15. USA and Canada 14. Hypothetical Part 3 Conclusions 15. Comparative Analysis 16. Conclusions 2007: 216 x 138: 608pp Hb: 978-0-415-42301-4: £70.00 eBook: 978-0-203-94497-4

This book looks at the challenges and contemporary issues raised by human rights in the island countries of the South West Pacific which have come under the influence of common law. The main topic interacts with a range of others such as constitutions, legal institutions and structures, social organization, culture and custom, tradition and change, especially in the Pacific region where the legal systems are complex and perceptions of what rights are or should be varies widely. Selected Contents: Introduction 1. The Region Of The Pacific 2. Rights and the Laws That Give Effect to Them 3. Theories and Approaches to Human Rights 4. Fundamental Rights and Questions of Property 5. Social Ordering: Custom and Equality 6. Freedom from Discrimination 7. Rights Advocacy and Enforcement 8. Taking Rights Forward January 2009: 234 x 156: 320pp Hb: 978-1-84472-109-2: £85.00 eBook: 978-0-203-88268-9

FORTHCOMING IN 2010

The Right to Health Global Health and Human Rights Edited by John Harrington and Maria Stuttaford, University of Warwick, UK Series: Routledge Research in Human Rights Law This book brings together internationally renowned scholars to critically interrogate the development of rights based approaches to health. The volume integrates discussions of the right to health at a theoretical and practical level, and engages with the emerging systems of global health governance. Selected Contents: Part 1: Ethics, Justice and Global Health Part 2: Fashioning the Right to Health Part 3: Rights and Global Health Governance January 2010: 234 x 156: 320pp Hb: 978-0-415-47938-7: £65.00

More on Human Rights ISBN

Title

978-0-415-36002-9 978-0-415-36003-6

Human Rights in Asia*

21

Author/Editor

Binding

Randall Peerenboom & Carole J. Petersen

Hardback Paperback

*eBook Available

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Pub Date 2006

Price £115.00 £36.99


22

INTERNATIONAL ECONOMIC AND COMMERICAL LAW

HUMAN RIGHTS

Contemporary Human Rights Ideas

Human Rights

COMING SOON

Social Science Perspectives

Bertrand G. Ramcharan, Geneva Graduate Institute of International Studies, Switzerland

Edited by Rhiannon Morgan and Bryan S. Turner, Wellesley College, USA

International Economic Actors and Human Rights

Series: Global Institutions

Series: Routledge Advances in Sociology

This book provides an accessible introduction to the key human rights concepts, the current debates about human rights, strategies and institutions for taking forward the global implementation of human rights, and the core messages that need to be imparted to students and the public at large. Selected Contents: Introduction 1. History: Shared Heritage, Common Struggle 2. Human Rights in the World Community 3. International Obligation 4. Universality 5. Equality 6. Democracy 7. Development 8. International Cooperation and Dialogue 9. Protection 10. Justice, Remedy, and Reparation 11. Conclusion April 2008: 216 x 138: 224pp Hb: 978-0-415-77456-7: £65.00 Pb: 978-0-415-77457-4: £14.99 eBook: 978-0-203-92840-0

FORTHCOMING IN 2010

Handbook of Human Rights Edited by Thomas Cushman The Handbook maps out the field of human rights for the humanities and social sciences. It provides a solid foundation for the reader who wants to learn the basic parameters of the field, but also to promote new thinking and frameworks for the future study of human rights in the 21st century. March 2010: 246 x 174: 584pp Hb: 978-0-415-48023-9: £95.00

Related Titles Human Rights and the Protection of Privacy in Tort Law (see page 5)

In recent decades, human rights have come to occupy an apparently unshakable position as a key and pervasive feature of contemporary global public culture. At the same time, human rights have become a central focus of research in the social sciences, embracing distinctive analytical and empirical agendas for the study of rights. This volume gathers together original social-scientific research on human rights, and in doing so situates them in an open intellectual terrain, thereby responding to the complexity and scope of meanings, practices, and institutions associated with such rights. Chapters in the book examine diverse theoretical perspectives and examine such issues as health, indigenous peoples’ rights, cultural politics, the United Nations, women and violence, the role of corporations and labour law. Written by leading scholars in the field and from a range of disciplines across the social sciences, this volume combines new empirical research with both established and innovative social theory. Selected Contents: 1. Human Rights Research and the Social Sciences Rhiannon Morgan 2. Political Science and Human Rights Todd Landman 3. The Right to Health Michael Freeman 4. Indigenous Peoples’ Rights: Anthropology and the Question of Rights to Culture Colin Samson 5. Dangerous Rights: Of Citizens and Humans Kate Nash 6. What Could it Mean to Take Human Rights Seriously? Anthony Woodiwiss 7. Forging Indigenous Rights at the United Nations: A Social Constructionist Account Rhiannon Morgan 8. The New Humanism: Beyond Modernity and Postmoderninty Judith Blau and Alberto Moncada 9. Corporations and Human Rights Gideon Sjoberg 10. A Sociology of Citizenship and Human Rights: Does Social Theory Still Exist? Bryan S. Turner February 2009: 234 x 156: 256pp Hb: 978-0-415-48615-6: £75.00

Global Rules for Global Players Adam McBeth, Monash University, Australia Series: Routledge Research in International Law This book looks at the application of human rights to non-state actors in international economic law. Focusing on the World Bank, the International Monetary Fund, the World Trade Organization and multinational enterprises the book examines the existing and potential legal obligations of these actors and evaluates proposals for reform. Selected Contents: 1. Introduction 2. The Existence and Character of Obligations under International Human Rights Law 3. International Trade law and the World Trade Organization 4. International Financial Institutions: The World Bank and the International Monetary Fund 5. Multinational Enterprises 6. Conclusion August 2009: 234 x 156: 320pp Hb: 978-0-415-48670-5: £70.00

COMING SOON

The Development of Intellectual Property Regimes in the Arabian Gulf David Price, Charles Darwin University, Australia Series: Routledge Research in Intellectual Property This book looks at the development of intellectual property rights in Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates, in the context of their WTO memberships and consequent compliance with the TRIPS Agreement. Selected Contents: 1. Introduction and Context 2. Shariah Law ’The Golden threadı 3. Recent History of Intellectual Property in the Region 4. Intellectual Property Protection and TRIPS 5. TRIPS Enforcement Standards and Obligations 6. Treaties and Bi-Lateral Trade Agreements 7. Traditional Knowledge and Cultural Heritage 8. Conclusions April 2009: 234 x 156: 256pp Hb: 978-0-415-47576-1: £65.00

State Violence and Human Rights (see page 34) Sexuality and the Politics of Rights in Southern Africa (see page 19) The Right to Development in International Law (see page 33) The Right to Religious Freedom in International Law (see page 54)

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23

INTERNATIONAL ECONOMIC AND COMMERICAL LAW International Trade and the Protection of the Environment Simon Baughen, University of Bristol, UK Analyzing globalization and the increasing tension it has caused between the goals of free trade and environmental protection, International Trade and the Protection of the Environment provides a comprehensive and detailed legal analysis, both at the national and international level of what looks set to become the new legal order of the twenty-first century. This book asks the questions does the treatment of ’measures tantamount to expropriation’ have the capacity to lead to a ’regulatory chill’ on environmental protection and what are the possibilities for claims before the UK courts that are based on alleged violations of international law? To answer them the author offers: • an informed and critical commentary on the continuing controversy on GMO products, in particular on the recent WTO award in the EC-Biotech dispute • a comparison of the treatment of the expropriation under NAFTA and bilateral investment treaties with position under article one of the first protocol of the European convention on human rights • an analysis of the human rights dimension to claims for environmental damage against multi-national corporations, focusing particularly on claims in the US under the Alien Tort Claims Act 1789. Incisive and current, this text is a valuable tool for postgraduate law students studying international and commercial law. 2007: 234 x 156 Hb: 978-1-84568-009-1: £90.00 Pb: 978-0-415-44810-9: £32.99

International Trade and Business Law Review: Volume XI

Commercial and Business Organizations Law in Papua New Guinea

Edited by Gabriel Moens, Murdoch University, Perth, Australia and Roger Jones, Partner, Latham & Watkins LLP, Chicago

John Mugambwa, Murdoch University, Australia, Harrison Amankwah, Retired Associate Professor, James Cook University, Australia and C.E.P. (Val) Haynes, Formerly at University of Tasmania, Australia

The International Trade and Business Law Review publishes leading articles, comments and case notes, as well as book reviews dealing with international trade and business law, arbitration law, foreign law and comparative law. It provides the legal and business communities with information, knowledge and understanding of recent developments in international trade, business and international commercial arbitration. The Review contributes in a scholarly way to the discussion of these developments while being informative and having practical relevance to business people and lawyers. It also devotes a section to the Willem C. Vis International Commercial Arbitration Moot and publishes the memoranda prepared by teams coached by Professor Gabriel A. Moens. The Review is edited at the Murdoch University School of Law in Perth, Australia. The Editorsin-Chief are Mr Roger Jones, Partner, Latham & Watkins LLP, Chicago and Gabriel A. Moens, Dean and Professor of Law, Murdoch Law School. It is an internationally-refereed journal. The Review is supervised by an international board of editors that consists of leading international trade law practitioners and academics from the European Union, the United States, Asia and Australia. The Student Editors for Volume XI are Adam Totaro and Peter Clay from the Murdoch Law School. March 2008: 234 x 156: 464pp Pb: 978-0-415-44245-9: £49.50

A timely and apposite treatise on Papua New Guinea’s economic environment, this book explores the business organizations law and various aspects of commercial law in Papua New Guinea in a readable and informative style.

2007: 234 x 156: 784pp Hb: 978-0-415-42532-2: £95.00 Pb: 978-1-84568-048-0: £53.99 eBook: 978-0-203-94517-9

COMING SOON

Neoliberalism and the Law in Post Communist Transition The Evolving Role of Law in Russia’s Transition to Capitalism Ioannis Glinavos, Kingston University, UK This work examines ideas about the role of law and legal reform in the creation of market capitalist economies, focusing on post communist transition in Russia. Looking at the example of Russia, an enquiry is made into the wider relationship between democracy, regulation and the market in modern capitalism. Selected Contents: 1. Markets and Law 2. The Command Economy 3. Instant Capitalism 4. Responses to Instant Capitalism 5. Second Stage Reforms 6. Neoliberalism Revisited May 2009: 234 x 156: 256pp Hb: 978-0-415-48654-5: £65.00

More on International Economic & Commercial Law ISBN

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Author/Editor

Binding

Pub Date

Price

978-1-876905-24-8

International Trade and Business

Gabriel Moens & Peter Gillies

Paperback

2006

£43.95

International Sales Law

Christiana Fountoulakis & Ingeborg Schwenzer

Paperback

978-0-415-41963-5 978-0-415-41964-2 978-1-84568-046-6 978-0-415-42173-7 978-1-85941-972-4

Hardback

2006

£33.95

Hardback

CISG and the Unification of International Trade Law*

Bruno Zeller

Conflict of Laws

Ruth Hayward

Paperback Paperback

*eBook Available

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£95.00

£60.00 2006 £18.99 2006

£33.95


24

INTERNATIONAL ECONOMIC AND COMMERICAL LAW International Commercial and Marine Arbitration

COMING SOON

The Internationalisation of Competition Rules Brendan J. Sweeney, Monash University, Australia Series: Routledge Research in Competition Law The widespread move towards more market-driven models of political economy combined with the expanding internationalization of commerce has led to a series of proposals for global competition rules. This book investigates whether there is a rational foundation for pursuing international competition rules, and what form these laws should take. Selected Contents: Part 1: Introduction 1. Introduction Part 2: The Nature and Importance of Anti-Competitive Activities 2. Private Trade Barriers 3. Export Cartels 4. International Cartels 5. International Single Firm Conduct Part 3: Application of Existing Measures to Anti-Competitive Conduct 6. Unilateralism 7. Cooperation 8. WTO Rules 9. Solutions August 2009: 234 x 156: 400pp Hb: 978-0-415-46079-8: £75.00

Re-thinking Intellectual Property The Political Economy of Copyright Protection in the Digital Era YiJun Tian, University of Technology Sydney, Australia

Georgios I. Zekos

The Political Economy of Trade in Services Agreements

Series: Routledge Research in International Commercial Law

Jane Kelsey, University of Auckland, New Zealand

International Commercial and Marine Arbitration analyses and compares commercial-maritime arbitration, and the role of the courts in arbitration in several different legal systems including the US, the UK, Greece and Belgium, and also sets out how the process of arbitration should be developed in order to make it more effective.

Serving Whose Interests? explores the political economy of trade in services agreements from a critical legal perspective. The controversy surrounding the General Agreement on Trade in Services (GATS) and its variants at the regional and bilateral levels can, it is argued, be seen as a clash between two paradigms. For most of the twentieth century, under welfare states and state socialism, these services were viewed from a local and national perspective as embodying a mix of economic, social and cultural dimensions and were managed by the state through strong regulation and direct ownership and delivery. That socially based and state-centred approach has been progressively displaced since the 1980s through neoliberal policies of privatisation, deregulation and liberalisation, the transnationalisation of finance and production, and new technologies. The internationalisation of services markets has thus become a driver of contemporary capitalism. The explicit aim of ‘trade in services’ agreements is to lock in national regulations and policies that enhance the profitability of international services markets. They are exclusively the tools of contemporary global capitalism, yet are represented as the new pathway for development. It is argued here, however, that there is a fundamental contradiction between the global market model and the intrinsically social nature of services, whether they are social services like education, media and midwifery, or inputs to capitalist production such as finance, transport, energy, and telecommunications. This book examines and draws out these tensions and contradictions through a combination of theoretical analysis and a series of truly global case studies that include the market in internet gambling, education, pensions, electricity privatisation, supermarkets, tourism, oil, culture, temporary migrants, private finance initiatives and call centres.

Selected Contents: 1. The Historical Emergence of Arbitration as a Dispute Mechanism and its Characteristics 2. National Courts in International Commercial Arbitration 3. The Role of Courts in Commercial-maritime Arbitration in US law 4. The Role of Courts in Commercial-Maritime Arbitration in English Law 5. The Role of Courts in Commercial –maritime Arbitration in Greek Law 6. The Role of Courts in Commercial-Maritime Arbitration in Belgian Law 7. Comparative Analysis of the Role of Courts in US, English, Belgian and Greek Law 8. Arbitration Co-equal and Fully Alternative to Courts May 2008: 234 x 156: 560pp Hb: 978-0-415-46072-9: £70.00 eBook: 978-0-203-89520-7

Public Procurement in China A Long March Towards Integration into the Global Trading System Ping Wang, University of Nottingham, UK Series: China Policy Series

Foreword by Jane Winn Series: Routledge Research in Intellectual Property This book examines the problems in the current Intellectual Property Rights regime, in the context of digitization, knowledge economy, and globalization. The volume also provides specific theoretical, policy and legislative suggestions for changes which would contribute to the establishment of an international knowledge equilibrium society. Selected Contents: Part 1: Background: Law & Digital Challenges 1. Introduction 2. Development of Communication Technology & International Copyright Laws in the Context of Globalization Part 2: Knowledge Equilibrium Paradigm: IP Theories & Copyright Policies 3. Knowledge Divide vs. Knowledge Equilibrium 4. IP Trade Conflicts & Proper Digital Copyright Policies Part 3: Application of Theory and Policy: Knowledge Equilibrium & Future Digital Legislative Reform (Templates/Law Models) 5. Templates/ Law Models for ISP Liability & Their Implementation 6. Templates/Law Models For Anti-Circumvention Measures & Their Implementation 7. Templates/Law Models for Database Protection & Their Implementation 8. Conclusion August 2008: 234 x 156: 360pp Hb: 978-0-415-46534-2: £65.00 eBook: 978-0-203-88979-4

Serving Whose Interests?

Owing to its massive state sector, public procurement in China is a critical element of public policy and is increasingly important in international trade negotiations. This book examines China’s public procurement regime, exploring the current legal framework, its development since 1978, and assessing the impact of WTO membership. Selected Contents: 1. Introduction: Public Procurement in China 2. The Tendering Law and its Implementing Regulations 3. The Government Procurement Law and its Implementing Regulations 4. Procurement of Chinese State Enterprises: To what Extent is it Regulated? 5. Electronic Procurement in China 6. Public Procurement in China’s WTO Accession and other Trade Instruments China Participated 7. China’s GPA Accession: Challenges for International Regulation and Domestic Reform 8. China’s Long March to the Integration into Global Public Procurement Regime: The Way Forward April 2009: 234 x 156: 208pp Hb: 978-0-415-46276-1: £75.00

Selected Contents: Introduction: Taking Services to Market 1. Reading the GATS as Ideology 2. How the GATS was Won (and Lost?) 3. Trade-related Development 4. The Illusion of Public Services 5. Ruling the Services Infrastructure 6. Trade in People 7. Minds and Markets 8. Dominion Over the Earth 9. Energy Wars; 10. Serving Whose Interests? July 2008: 234 x 156 Hb: 978-0-415-44821-5: £95.00 Pb: 978-0-415-44822-2: £28.99 eBook: 978-0-203-93393-0 A GlassHouse Book

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INTERNATIONAL ECONOMIC AND COMMERICAL LAW FORTHCOMING IN 2010

International Secured Transactions Law Facilitation of Credit and International Conventions and Instruments Orkun Akseli, University of Newcastle, UK Series: Routledge Research in Finance and Banking Law This book examines international harmonisation and the law of secured transactions, focusing on US and English laws. The book considers relevant issues under international conventions on the assignment of receivable, international factoring, international interests in mobile equipment, EBRD Model Law on Secured Transactions, EC Directive on Financial Collateral and the UNCITRAL Legislative Guide on Secured Transactions. The book makes comparisons of international instruments by using the English and US laws to identify and illustrate problems with the current systems that need to be addressed and offers possible solutions. Selected Contents: 1. Introduction 2. Harmonisation of Secured Transactions in Context 3. Scope of Applicability and General Provisions 4. Creation of Security Interests as between the Parties 5. Quasi Security Interests and Recharacterisation Issues 6. Effectiveness of Security Interests Against Third Parties 7. Rights and Obligations of Parties Including Third Parties 8. Priority of a Security Right 9. Enforcement of Security Rights 10. Retention of Title (Acquisition Security Right) 11. Choice of Law Issues 12. Conclusions January 2010: 234 x 156: 256pp Hb: 978-0-415-48810-5: £75.00

Intellectual Property and the New Global Japanese Economy Ruth Taplin, Centre for Japanese and East Asian Studies, London, UK Series: Routledge Studies in the Growth Economies of Asia This book examines how intellectual property (IP) is used in Japan, and how in recent years it has developed a new approach to IP, borrowed from the US and Europe, stressing the importance of innovation, to revitalise the Japanese economy from the stagnation and deflation that characterised the 1990s. Selected Contents: 1. Roots of IP drive and economic globalization. 2. Japan as an IP Nation. 3. Historical perspective of the economy and IP. 4. Cross-border IP and fast tracking of patent applications. 5. Changes to the patent court and employee’s rights to compensation. 6. Changes in Japanese corporate governance. 7. Future developments in the Japanese Exchanges. 8. Conclusion March 2009: 234 x 156: 176pp Hb: 978-0-415-46597-7: £75.00

The Economics of Legal Relationships Alternative Institutional Structures Evolution and Impact Edited by Sandra Batie, Michigan State University, USA and Nicholas Mercuro, Michigan State University, USA This book is the outcome of a workshop at Michigan State University on the career of A. Allan Schmid offering a collection of original essays that explore several approaches to understanding the impact of alternative legal-economic institutions. Selected Contents: Foreword, Nicholas Mercuro and Sandra S. Batie, 1. Power and the Troublesome Economist: Complementarities Among Recent Institutional Theorists, A. Allan Schmid, 2. Some Problems in Assessing the Evolution and Impact of Institutions, Warren J. Samuels, 3. Developing a Method for Analyzing Institutional Change, Elinor Ostrom, 4. Does Economic Development Require ’Certain’ Property Rights?, Peter J. Boettke and J. Robert Subrick, 5. Institutional Economics as Volitional Pragmatism, Daniel W. Bromley, 6. Institutions and Rationality, Arild Vatn, 7. Simplicity in Institutional Design, Nathan Berg, 8. The Essence of Economics – Law, Participation and Institutional Choice (Two Ways), Neil Komesar, 9. Is Law Facilitating or Inhibiting Transactions?, Claude Ménard, 10. On Institutional Individualism as a Middle-way Mode of Explanation for Approaching Organizational Issues, Fernando Toboso, 11. The Role of Attitudes in Action and Institutional Change – An Evolutionary Perspective, Uta-Maria Niederle, 12. Post-Keynesian Institutionalism and the Anxious Society, Charles J. Whalen, 13. Towards a Theory of Induced Institutional Change: Power, Labor Markets, and Institutional Change, Morris Altman, 14. The Instituted Nature of Market Information: the Case of Induced Innovation and Environmental Regulation, Patricia E. Norris, David B. Schweikhardt, and Eric A. Scorsone, 15. The Role of Culture and Social Norms in Theories of Institutional Change: The Case of Agricultural Cooperatives, Julie A. Hogeland, 16. Payment for Environmental Services and Other Institutions for Protecting Drinking Water in Eastern Costa Rica, Michael D. Kaplowitz, Daniel V. Ortega-Pacheco, and Frank Lupi, 17. A Dialogue on Institutions: Assessing the Evolution and Impact of Alternative Institutional Structures, edited by Nicholas Mercuro and Sandra S. Batie, Contributors, Index June 2008: 234 x 156: 448pp Hb: 978-0-415-77478-9: £85.00

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Economics, Law and Individual Rights Edited by Hugo M. Mialon, Emory University, USA and Paul H. Rubin, Emory University, USA This is the first book to examine individual rights from an economic perspective, collecting together leading articles in this emerging area of interest and showing the vibrant and expanding scholarship that relates them. Selected Contents: 1. Introduction Hugo M. Mialon and Paul H.Rubin 2. The Economics of the First Amendment: The Market for Goods and the Market for Ideas R.H. Coase 3. An Economic Analysis of the Law of False Advertising Ellen R. Jordan and Paul H. Rubin 4. Freedom of Speech vs. Efficient Regulation in Markets for Ideas Albert Breton and Ronald Wintrobe 5. A Free Press is Bad News for Corruption Aymo Brunetti and Beatrice Weder 6. The Market for News Sendhil Mullainathan and Andrei Shleifer 7. The Impact of Gun Laws: A Model of Crime and Self Defence Hugo M. Mialon and Thomas Wiseman 8. Crime, Deterrence and Right-to-Carry Concealed Handguns John R. Lott and David B. Mustard 9. The Effect of Concealed Handgun Laws on Crime: Beyond the Dummy Variables Hashem Dezhbakhsh and Paul H. Rubin 10. Effects of Criminal Procedure on Crime Rates: Mapping out the Consequences of the Exclusionary Rule Raymond A. Atkins and Paul H. Rubin 11. An Economic Theory of the Fifth Amendment Hugo M. Mialon 12. The Effects of a Right to Silence Daniel J. Seidmann 13. Noisy Juries and the Choice of Trial Mode in a Sequential Signalling Game: Theory and Evidence Gerald D. Gay, Martin F. Grace, Jayant R. Kale and Thomas H. Noe 14. Runaway Judges?: Selection Effects and the Jury Eric Helland and Alexander Tabarrok 15. Reasonable Doubt and the Optimal Magnitude of Fines: Should the Penalty Fit the Crime, James Andreoni 16. The Deterrent Effect of Capital Punishment: A Question of Life and Death Isaac Ehrlich 17. Does Capital Punishment Have a Deterrent Effect?: New Evidence form Postmoratorium Panel Data Hashem Dezhbakhsh, Paul H. Rubin and Joanna M. Shepherd February 2008: 234 x 156: 448pp Hb: 978-0-415-77281-5: £120.00

The Firm as an Entity Implications for Economics, Accounting and the Law Yuri Biondi, Université de St. Étienne, France, Arnaldo Canziani, University of Brescia, Italy and Thierry Kirat, Université Paris Dauphiné, Paris, France Series: The Economics of Legal Relationships Enhancing current economic understanding of the firm as an institution and an organization, this book looks beyond the narrow boundaries of neoclassical economics to an interdisciplinary approach based on accounting and law as well as economics itself. 2007: 234 x 156: 400pp Hb: 978-0-415-41443-2: £80.00

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26

INTERNATIONAL ECONOMIC AND COMMERICAL LAW

Norms and Values in Law and Economics

The Legal-Economic Nexus

Aristides Hatzis, University of Athens, Greece

Warren Samuels, Michigan State University, USA

Fundamental Processes

Why has the Law and Economics movement become so successful? What is the current status of the Chicago School? What are the alternative theories and how much influence do they exert? What can be considered mainstream today? What are the norms and values underlying this impressive body of research? These issues, amongst others, are thoroughly explored in this volume by the contributors, including Posner, Gerrit de Geest and Thomas Ulen. Selected Contents: Norms and Values in the Economic Approach to Law. Engagement with Economics: The New Hybrids of Family Law/Law and Economics Thinking. The Inevitability of Kaldor-Hicks Criterion. The Problematics of the Pareto Principle. Law, Economics and Society. New Institutional Economics and Legal Theory: Why New Institutional Economics Has Failed to Provide a Viable Alternative to the Law and Economics Movement. Choosing (Our)selves: The Limits of Identity and Interests in Law and Economics. Norms in Behavioral Law and Economics. The Theory of Value Dilemma: A Critique of the Economic Analysis of Criminal Law. Overcoming Law and Economics. Comparing Law and Economics to its Rivals. A Coase-mas Carol: The Coase Theorem as the Ghost of Law and Economics, Past, Present and Future. Flawed Foundations: The Philosophical Critique of (a Particular Type of) Economics. Functional Law and Economics. The Primacy of Norms. Incentives and Constitutional Compliance April 2009: 234 x 156: 256pp Hb: 978-0-415-40410-5: £65.00

COMING SOON

Providing another key contribution to the immensely popular field of law and economics, this book, written by the doyen of the history of economic thought in the US, explores the dynamic relationship between economics, law and polity. Selected Contents: Part 1: Rights, Markets and Power: The Legal-Economic Nexus 1. Introduction: Belief and Power 2. The Legal-Economic Nexus 3. The Nature and Sources of Rights 4. Markets and their Social Construction Part 2: The Problem of Order 5. Joseph J. Spengler’s Concept of the ’Problem of Order’: A Reconsideration and Extension 6. The Status of the Status Quo: The Buchanan Colloquium 7. The Problem of the Status of the Status Quo: Some Comments 8. Two Views of Government: A Conversation Part 3: Language, Social Choice and Order 9. Some Problems in the Use of Language in Economics 10. Poletown and Hathcock: An Essay on Some Problems in the Language of the Law 11. An Evolutionary Approach to Law and Economics 12. The Rule of Law and the Capture and Use of Government in a World of Inequality Part 4: Land and Governance: The Transformation of Order 13. The Duke of Argyll and Edwin L. Godkin as Precursors to Hayek on the Relation of Ignorance to Policy, Parts I-IV 14. The Duke of Argyll and Henry George: Land Ownership and Governance Part 5: The Subtleties of Policy Making 15. The Pervasive Proposition, ’What is, is and Ought to Be’: A Critique 16. What is, is What? 17. Professional Policy Advocacy or Policy Diffidence? 2007: 234 x 156: 512pp Hb: 978-0-415-77179-5: £120.00

The Law and Consumer Credit Information in the European Community The Regulation of Credit Information Systems Federico Ferretti, Brunel University, UK This book examines the legal framework and compliance in the EC of consumer credit reporting and credit information sharing arrangements. It also looks at the issue of human rights, and the extent to which the right to privacy of consumers should be balanced against the aims of consumer credit reporting. Selected Contents: 1. Introduction 2. Consumer Credit Reporting in the Economy 3. The Lack of a Legal Perspective 4. Historical Background: The Cultural Framework 5. The Institutional and Legal Standing in the EC 6. Reputation, Privacy, and the Law 7. Legal Compliance 8. Conclusions May 2008: 234 x 156 Hb: 978-0-415-46073-6: £70.00 eBook: 978-0-203-89560-3

Related Titles The Political Economy of Government Auditing (see page 34)

The Rule of Law

Patent Policy

The Justice Sector and Economic Development

Effects in a National and International Framework Pia Weiss, Chemnitz University of Technology, Germany There exists a vast body of literature on all aspects associated with patents, including innovation, patent policy instruments, licensing, and the tension between patent policy and competition policy. However, most of the works focusing on patent policy are only available as journal articles or as reprints in book collections. This book bridges that gap in presenting a systematic overview of models dedicated to patent policy. Selected Contents: 1. Introduction 2. Development of Patent Systems and Philosophical Foundations 3. An Introduction to Patent Law and Policy Instruments 4. Statistical Facts and Empirical Evidence 5. The Optimal Patent Term 6. Patent Scope 7. Patent Breadth 8. The Non-obviousness Standard 9. New Patentable Subject Matters 10. Different Non-obviousness Standards June 2009: 234 x 156: 288pp Hb: 978-0-415-48105-2: £75.00

Edited by Maria Dakolias, The World Bank, Washington DC, USA and Sandra E. Oxner In this volume Maria Dakolias demonstrates how reforms related to the justice sector and the rule of law have, and will continue to, contribute to economic development. Selected Contents: 1. How have the Objectives Evolved to Promoting the Rule of Law? 2. What has Influenced this Evolution? 3. What has been Achieved until Now? 4. What are the Greatest Difficulties/Risks Today? 5. What May Some of the Challenges be to Make Such Changes? 6. What Kind of Methodology Should be Promoted? 7. What Should the Priorities be in the Justice Sector Area? 8. What can be Expected in the Justice Sector in the Next Ten Years/Future? March 2009: 234 x 156: 256pp Hb: 978-0-415-77253-2: £75.00

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INTERNATIONAL LAW Asian Yearbook of International Law

COMING SOON

Maritime Security

The Degradation of the International Legal Order?

Volume 13 (2007)

International Law and Policy Perspectives from Australia and New Zealand

The Rehabilitation of Law and the Possibility of Politics

Edited by B.S. Chimni, Jawaharlal Nehru University, India, Miyoshi Masahiro, Aichi University, Japan and Li-ann Thio, National University of Singapore, Singpaore Launched in 1991, the Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective, under the auspices of the Foundation for the Development of International Law in Asia (DILA). It is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Yearbook provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook normally contains articles and shorter notes; a section on State practice; an overview of Asian states participation in multilateral treaties; succinct analysis of recent international legal developments in Asia; an agora section devoted to critical perspectives on international law issues; surveys of the activities of international organizations of special relevance to Asia; and book review, bibliography and documents sections. It will be of interest to students and academics interested in international law and Asian studies. February 2009: 234 x 156: 416pp Hb: 978-0-415-47019-3: £80.00 eBook: 978-0-203-88269-6

Edited by Natalie Klein, Joanna Mossop and Donald R. Rothwell, The Australian National University, Australia This volume identifies those issues that affect Australia and New Zealand’s maritime security, evaluating the issues from legal and political perspectives, as well as examining the issues within the broad framework of international law and politics. The book also addresses considerations in the Pacific, Asian and Antarctic regions. Selected Contents: 1. Introduction, Donald R. Rothwell, Joanna Mossop, Natalie Klein 2. Maritime Security and the Law of the Sea, Donald R. Rothwell, Natalie Klein 3. Maritime Security and the Influence of the United States, Shirley Scott 4. Arrangements for Maritime Security in New Zealand, Joanna Mossop 5. Arrangements for Maritime Security in Australia, Donald R. Rothwell, Cameron Moore 6. Australasian Admiralty: Cooperative Arrangements between Australia and New Zealand, Peter Cozens 7. Customary Law Limitations on Australia and New Zealand Maritime Security, Cameron Moore 8. Maritime Domain Awareness in Australia and New Zealand, Chris Rahman 9. Building a Maritime Security Regime for the Pacific Islands, Sam Bateman and Joanna Mossop 10. Maritime Security in the Antarctic and Sub-antarctic Islands Region, Karen Scott 11. Security of Shipping Lanes through Asia, Caroline Foster 12. Protection of Off-Shore Facilities, Stuart Kaye 13. Intelligence-Gathering and Information-Sharing for Maritime Security Purposes under International Law, Natalie Klein 14. Conclusion, Donald R. Rothwell, Joanna Mossop and Natalie Klein August 2009: 234 x 156: 256pp Hb: 978-0-415-48426-8: £75.00

International Judicial Institutions The Architecture of International Justice at Home and Abroad Richard J. Goldstone, Fordham University, USA and Adam M. Smith, Harvard University, USA Series: Global Institutions Written by a former UN Chief Prosecutor and leading international law expert, this book is a much needed, short and accessible introduction to the current debates in international humanitarian law and the history and development of strategies and institutions responsible for implementing international justice. Selected Contents: Introduction 1. The Historical Stages of International Justice 2. International Humanitarian Law: A Short Review 3. The Pre-Dawn of International Justice: Through World War I 4. International Justice Following World War II: Nuremberg and Tokyo 5. The Cold War and the Rise of Domestic International Justice 6. Post–Cold War Justice: The UN ad hoc Tribunals, Mixed Courts and the ICC 7. Post ICC Prosecutions: New Domestic Proceedings and International Proceedings beyond ICC Justice 8. Conclusion: The Future of ’International’ Justice – Active at Home and Abroad September 2008: 216 x 138: 192pp Hb: 978-0-415-77645-5: £75.00 Pb: 978-0-415-77646-2: £14.99 eBook: 978-0-203-89203-9

27

Bill Bowring, Birkbeck, University of London, UK ’Extraordinarily erudite and rigorous, this is a virtuoso critical defence of international law and human rights, from attacks from the right, cynicism from the left, and, perhaps most damaging of all, from their so-called friends, those cheerleaders who relentlessly cite them as justification for imperial projects.’ – China Miéville, author of Between Equal Rights: A Marxist Theory of International Law (Brill, 2005) ’Generosity of spirit, intellectual curiosity and political conviction shine through this book. Bill Bowring opens up current debates on our political orientation to international law and uncovers the equivocal role of international law in contemporary capitalism. This is a fine work of engagement as well as scholarship.’ – Robert Fine, Professor of Sociology at Warwick ’The book is really very good, and is certainly worth buying for anyone who is interested in international law... [The Degradation of the International Legal Order?] represent[s] an excellent contribution to the growing debate on Marxist theories of international law. Whilst it is theoretically complex it is written in a clear, concise style.’ – Robert Knox, Law and Disorder (http://pashukanis.blogspot.com), April 2008 Using critical philosophy and political methodology, this sophisticated and incisive book provides a detailed diagnosis of the present impasse of international law and relations particularly since the Iraq invasion and occupation. Selected Contents: Introduction. Self-Determination - the Revolutionary Kernel of International Law. The Degradation of International Law? The Legality of the Invasion and Occupation of Iraq. After Iraq: International Human Rights Law in Crisis. Ideology in International Law, and the Critique of Habermas. A Substantive Account of Human Rights. Human Rights as the Negation of Politics? ‘Postmodern’ Reconstructions of Human Rights. The Challenge of Methodological Individualism. The Scandal of Social and Economic Rights. The Problem of ‘Legal Transplantation’ and Human Rights. Conclusion February 2008: 234 x 156: 256pp Hb: 978-1-904385-99-8: £95.00 Pb: 978-1-904385-36-3: £28.99 eBook: 978-0-203-93012-0 A GlassHouse Book

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28

INTERNATIONAL LAW

Series: Routledge Research in International Law International Legal Theory

COMING SOON

Essays and Engagements, 1966-2006

The Law of Consular Access

International Law and the Third World

Nicholas Onuf, University of Florida, USA

A Documentary Guide

Reshaping Justice

’Covering four decades of international affairs, Nicholas Onuf, one of the fathers of constructivist international relations theory and in depth connoisseur of international law, bears witness to the whole range of international legal theorising during the second half of the twentieth century – a ‘must read’ for all those interested in the way theoretical thinking developed in this discipline.’ – Professor Florian Hoffman, Catholic University of Rio de Janeiro Collecting together some of the author’s most important articles and book reviews including previously unpublished material, this book demonstrates Nicholas Onuf’s own contribution to the theoretical dimension of international law and international relations, and highlights the wider themes and developments present in international law over the last forty years. Selected Contents: Part One: Legal Theory and Its Limits, 1966-1980 Part Two: Social Theory and the Linguistic Turn, 1980-1993 Part Three: Theory, History and Modernity, 1993-2006 June 2008: 234 x 156: 504pp Hb: 978-0-415-77590-8: £75.00 eBook: 978-0-203-89477-4

Countermeasures and the Non-Injured State in International Law The Idea of International Community Elena Katselli, University of Newcastle, UK This book explores the contentious topic of how collective and community issues should be enforced in international law. The volume addresses both the theory and practice of third-State countermeasures, critically reviewing the State practice in support of a right to counter-measures, including new examples not previously covered in the literature. Selected Contents: 1. Introduction: ‘Do Not Command What You Cannot Enforce’ 2. The Work of the International Law Commission on the Law 27 on State Responsibility 3. The International Community, Jus Cogens Norms and Obligations Erga Omnes 4. Self-contained Regimes, State Responsibility and the Fragmentation of International Law 5. Countermeasures in the Name of Community Interests in State Practice 6. The Principle of Proportionality 7. Conclusion October 2009: 234 x 156: 320pp Hb: 978-0-415-47832-8: £65.00

John Quigley, Ohio State University, USA, William J. Aceves, California Western School of Law, San Diego, USA and Adele Shank This book brings together the relevant documentary sources on the law of consular access, with significant excerpts set alongside commentary on the documents. As well as the Vienna Convention on Consular Relations, the book also includes other sources, such as bilateral and multilateral treaties, and key court cases from various jurisdictions. Selected Contents: 1. Overview of consular access 2. Consular access litigation in the International Court of Justice 3. Consular access litigation in the Inter-American system 4. Consular access litigation in national courts 5. Role of consuls in assisting a national 6. A right to protect one’s nationals 7. An obligation to protect one’s nationals 8. Automatic notification provisions in bilateral treaties 9. Consular access as an individual right 10. Incorporation of the right into domestic law 11. Timing of consular access 12. Confidentiality of consular communication 13. Protests by a sending state for violation 14. Protests by states other than the sending state 15. Judicial remedy in the receiving state 16. Procedural default as a reason to deny a remedy 17. Consular access as an aspect of due process of law 18. Intervention by a sending state in national courts 19. Whether prejudice need to shown for a judicial remedy 20. suppression of statements or material evidence as a remedy 21. Civil remedy against a receiving state September 2009: 234 x 156: 256pp Hb: 978-0-415-48327-8: £75.00

Edited by Richard Falk, Princeton University, USA, Balakrishnan Rajagopal, Massachusetts Institute of Technology, USA and Jacqueline Stevens, University of California, Santa Barbara, USA This volume critically explores the past, present and future relevance of international law to the priorities of the countries, peoples and regions of the South. Selected Contents: 1. Reshaping Justice: International Law and the Third World: An Introduction Richard Falk, Balakrishnan Rajagopal and Jacqueline Stevens 2. What may the ’Third World’ Expect from International Law? Upendra Baxi 3. International Law and the Future Richard Falk 4. The Evolution of International Law: Colonial and Postcolonial Realities Antony Anghie 5. Recreating the State Jacqueline Stevens 6. Counter-hegemonic International Law: Rethinking Human Rights and Development as a Third World Strategy Balakrishnan Rajagopal 7. Why should Muslims Abandon Jihad?: Human Rights and the Future of International Law Abdullahi Ahmed An-na’im 8. Poverty, Agency and Resistance in the Future of International Law: An African Perspective Obiora Chinedu Okafor 9. Between Civilisation and Barbarism: Creole Interventions in International Law Liliana Obregon 10. ’I Heard it All Before’ Egyptian Tales of Law and Development Amr Shalakany 11. The Civilised Self and the Barbaric Other: Imperial Delusions of Order and the Challenges of Human Security Ikechi Mgbeoji 12. Political Asylum and Torture: A Comparative Analysis Wadie E. Said 13. International Environmental Law, Water and the Future Hilal Elver 14. Resistance in the Age of Empire: Occupied Discourse Pending Investigation Vasuki Nesiah 15. Exiled to a Liminal Legal Zone: Are we all Palestinians now? Laurie King-Irani 16. Building Women into Peace: The International Legal Framework Christine Chinkin and Hilary Charlesworth 17. Third World Approaches to International Economic Governance James Thuo Gathii March 2008: 246 x 174: 288pp Hb: 978-0-415-43978-7: £65.00 eBook: 978-0-203-92651-2

Related Titles Also in this series: International Economic Actors and Human Rights (see page 22)

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INTERNATIONAL LAW COMING SOON

Regulation of the Voluntary Sector Freedom and Security in an Era of Uncertainty Mark Sidel, University of Iowa, USA Series: Critical Approaches to Law A critical introduction to and analysis of the legal relationships between the state and the voluntary sector, this volume provides the first available comparative analysis of state responses to voluntary sector activity in the wake of September 11th. Exploring the relationship between the state and the voluntary sector through the lens of developments since September 11th, Regulation of the Voluntary Sector focuses on a range of topics, including: • states’ increasing efforts to delimit and restrict voluntary sector activities, such as fundraising and grant-making • the opposition to governmental restriction of voluntary sector activities. Mainly comparing the UK and the US, Sidel uses additional perspectives from Australia, Canada and India to create an excellent resource for all students of international law. Selected Contents: 1. Law and the Voluntary Sector in the United Kingdom 2. Law and the Voluntary Sector in the United States 3. Comparative Perspectives: Law and the Voluntary Sector in Australia, Canada and India 4. New Forms of Voluntary Activity, New Modes of Regulation 5. Law, the State, the Voluntary Sector and Traditions of Associational Activity April 2009: 216 x 138: 144pp Hb: 978-0-415-42424-0: £75.00 Pb: 978-1-904385-77-6: £18.99 A GlassHouse Book

COMING SOON

Transnational Organized Crime

29

Criminal-States and Criminal-Soldiers

Routledge Handbook of International Law

Edited by Robert J. Bunker, Counter-OPFOR Corporation, USA

Edited by David Armstrong, University of Exeter, UK

The United States and her allies have found themselves plunged into ‘a war over [humanity’s] future social and political organization’ with criminal challengers to the nation-state form. These new wars are currently being fought globally with Al Qaeda, in Iraq with shifting coalitions of criminal gangs, insurgents, and Jihadi groups and throughout the Americas with the Maras (the first group of 3rd GEN Gangs to emerge). More new wars are poised to develop and the ongoing ones are far from over with more attacks upon the homelands of the US and her allies expected.

The Routledge Handbook of International Law provides a definitive global survey of the interaction of international politics and international law. Each chapter is written by a leading expert and provides a state of the art overview of the most significant areas within the field.

This cutting edge book looks initially at the theoretical and legal side of criminal-state and criminal-soldier emergence and growth, before focusing on criminal-states and criminal-soldiers themselves, with particular attention paid to Al Qaeda, Hizballah, Mara Salvatrucha (MS 13), Caliphate and Mahdi concerns, Islamic Fundamentalist Use of Beheadings, Criminalization of Russian State Security, Nuclear Materials Trafficking, and Outlaw Private Security Firms.

This highly topical collection of specially commissioned papers from both established authorities and rising stars is split into four key sections: • The Nature of International Law including the interaction between the disciplines of International Law and International Relations • The Evolution of International Law progressing from the ancient world to present day. • Law and Power in International Society discussing topical issues such as the war in Iraq and the international criminal court • Key Issues in International Law including international refugee law, indigenous rights, intellectual property, trade and the challenges presented by ’new terrorism’.

With the contributions from international experts, this book makes for critical reading for political scientists and criminal justice students and researchers, policy makers, and military and law enforcement practitioners.

A comprehensive survey of the state of the discipline, The Routledge Handbook of International Law is an essential work of reference for scholars and practitioners of international Law.

This book was previously published as a special issue of Global Crime.

December 2008: 246 x 174: 432pp Hb: 978-0-415-41876-8: £95.00

Selected Contents: Part 1: Theory And Law The Fate of the State Revisited Martin van Creveld Part 2: Criminal-States Part 3: Criminal-Soldiers April 2008: 246 x 174: 368pp Hb: 978-0-415-45765-1: £75.00 Pb: 978-0-415-46206-8: £22.99

Frank Madsen, University of Cambridge, UK Series: Global Institutions Frank Madsen, a former serving police officer, explores the links between terrorism and organized crime as well as delineating newer forms of criminal activity in the Internet age. How governments and other global institutions can respond to the acute dangers posed by transnational organized crime is also addressed. May 2009: 216 x 138: 176pp Hb: 978-0-415-46498-7: £65.00 Pb: 978-0-415-46499-4: £14.99

More on International Law ISBN

Title

Author/Editor

Binding

Pub Date

Price

978-1-85941-983-0

International Law Documents Relating To Terrorism*

Omer Elagab & Jeehaan Elagab

Hardback

2006

£165.00

978-1-84472-032-3

Jurisprudence of Jurisdiction*

Shaun Mcveigh

Hardback

2006

£49.95

*eBook Available

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30

INTERNATIONAL LAW

LABOUR AND EMPLOYMENT LAWINTERNATIONAL LAW

International Actors, Democratization and the Rule of Law

COMING SOON

Anchoring Democracy?

Series: Routledge Research in European Union Law

Edited by Amichai Magen, Stanford University, USA and Leonardo Morlino, University of Florence, Italy

This book examines the European Strategy for Employment (EES) and its implementation through the Open Method of Coordination, exploring what the EES reveals about recent developments in EU social governance, and offering new insights and fresh perspectives into the operation of New Governance and its relationship with law and constitutionalism.

New Governance and the European Strategy for Employment Samantha Velluti, University of Lincoln, UK

Series: Routledge/UACES Contemporary European Studies This book explores how external influences and international actors can help hybrid regimes, which display minimal elements of an electoral democracy, to be transformed into a quality democracy. Selected Contents: Preface Amichai Magen and Leonardo Morlino 1. Hybrid Regimes, the Rule of Law, and External Influence on Domestic Change Amichai Magen and Leonardo Morlino 2. Methods of Influence, Layers of Impact, Cycles of Change: A Framework for Analysis Leonardo Morlino and Amichai Magen 3. EU Democratic Rule of Law Promotion Elena Baracani 4. Romania: Vetoed Reforms, Skewed Results Ana Demsorean, Sorana Parvulescu and Bogdan Vetrici-Soimu 5. Turkey: Reforms for a Consolidated Democracy Senem Aydin Düzgit and Ali Çarkoglu 6. Serbia: Democracy Borderline? Cristina Dallara 7. Ukraine: The Quest for Democratization between Europe and Russia Roman Petrov and Oleksander Serdyuk 8. Scope, Depth and Limits of External Influence Conclusions Leonardo Morlino and Amichai Magen July 2008: 234 x 156: 320pp Hb: 978-0-415-45102-4: £70.00 eBook: 978-0-203-89469-9

COMING SOON

International Law and the Protection of Cultural Heritage

Selected Contents: 1. Introduction 2. The impact of globalisation, market integration and EMU on EU governance 3. The evolution of social policy in the EU 4. ’New’ EU social governance: the European Strategy for Employment and its implementation through the Open Method of Coordination 5. A case study of gender equality and mainstreaming in the re-articulation of labour market policies 6. Overall assessment of the European Strategy for Employment 6. Conclusions September 2009: 234 x 156: 256pp Hb: 978-0-415-46779-7: £65.00

The Legal Regulation of Pregnancy and Parenting in the Labour Market Grace James, University of Reading, UK Why is the law failing to protect pregnant workers and parents from detrimental treatment in the workplace? This theoretically informed book, which draws on the findings of a large scale, Nuffield Foundation funded, study of pregnancy-related workplace disputes, explores the legal regulation of pregnancy and parenting in the labour market. Using an epistemology that draws primarily on critical feminist debates, theories and critiques, the book adopts a necessarily female standpoint and seeks to answer why, despite positive policy ambitions and ample legislation, law is failing to protect pregnant workers and parents. Whilst sensitive to the limits of law’s ability to bring about social change, the book asks whether it is the direction of current policies that need attention, or the substance of the legislation that is flawed. Is it the application of the law in courts and tribunals that fails working families or the mechanics of the employment dispute resolution and tribunal system that needs adjusting? This book will interest academics, students and practitioners of law and social policy interested in employment law and discrimination. Selected Contents: 1. Exploring Pregnancy, Parenting and Employment in the Twenty First Century 2. The Scope and Nature of Pregnancy-Parenting/Workplace Conflicts 3. Legislation and Policy: Promoting Good Pregnancy-Parenting/Workplace Relationships? 4. Tribunals’ Approaches to Pregnancy-Parenting/Workplace Conflicts 5. Pregnancy-Parenting/Workplace Conflicts and Tribunal Procedures 6. Challenging and Reforming Pregnancy-Parenting/Workplace Regulation November 2008: 234 x 156: 200pp Hb: 978-0-415-43904-6: £80.00 eBook: 978-0-203-88632-8

Craig Forrest, University of Queensland, Australia Setting out the international law principles and rules derived from the various international conventions that address cultural heritage in its various manifestations, this book critically evaluates the extent to which these international laws provide an effective and coherent framework for the protection of cultural heritage. Selected Contents: Part 1: Defining cultural heritage in international law 1. The notion of cultural heritage 2. Context and a legal definition Part 2: Conventional international law regimes 3. Cultural heritage and armed conflicts 4. The repatriation, return or restitution of movable cultural heritage 5. Immovable cultural heritage 6. Cultural heritage beyond territorial jurisdiction 7. Intangible cultural heritage and cultural expression Part 3: An international legal framework 8. A principled approach 9. Appendices November 2009: 234 x 156: 400pp Hb: 978-0-415-46781-0: £75.00

Our latest Law Textbook catalogue For your FREE copy of the 2009 LAW TEXTBOOK catalogue, please e-mail david.armstrong@tandf.co.uk

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LAND, PROPERTY AND PLANNING Sustainable Futures Comparative Perspectives on Communal Lands and Individual Ownership Edited by Lee Godden and Maureen Tehan, both at University of Melbourne, Australia Sustainable Futures is a specially organized collection of critical debates, analyses and evaluations of changing models of property as the vehicle governing access to land and resources. These trends are explored in the context of current moves across many countries to privatize communal land holdings, and the collection comprises international analyses in conjunction with case studies - each of which explores an aspect of the broader themes of property, privatization, and sustainable communities - drawn from Australia, North America, South Africa, New Zealand, SubSaharan Africa and the Pacific region. Selected Contents: Introduction: Situating the Debate: Globalisation, Privatisation, Property and Land Tenure Section 1: Community, Sustainability and Privatisation Section 2: Individual Title and Communal Lands: Comparative Experiences and Historical Lessons Section 3: Contemporary Trends: Communal Resources and Tenure Diversity Section Four: ’Land Rich but Dirt Poor?’ - Trends in Individualising Communal Lands List of Contributors: Richard Boast. Tom Calma. Melissa Castan. Darren Dick. Shaunnagh Dorsett. Joseph Foukona. Lee Godden. Langton. Hanri Mostert. Lisa Palmer. Juanita Pienaar. Margaret Stephenson. Maureen Tehan. Jude Wallace. George Yapao. David Yarrow April 2009: 234 x 156: 288pp Hb: 978-0-415-45720-0: £75.00 eBook: 978-0-203-08956-9 A GlassHouse Book

Property Meanings, Histories, Theories Margaret Davies, Flinders University, Adelaide, Australia

Feminist Perspectives on Land Law

The Rights and Wrongs of Land Restitution

Edited by Hilary Lim, University of East London, UK and Anne Bottomley, University of Kent at Canterbury, UK

’Restoring What Was Ours’

Series: Feminist Perspectives The first book to examine the critical area of land law from a feminist perspective, this volume provides an original and critical analysis of the gendered intersection between law and land; ranging from land use and ownership in England and Wales to Botswana, Papua New Guinea and the Muslim world. Selected Contents: Feminist Perambulations: Taking the Law for a Walk in Land. National Nature Reserves: Nature as Other Confined. Ancient Monuments of National Importance: Symbols of Whose Past? A Trip to the Mall: Revisiting the Public/Private Divide. Scapegoating and the Legal Landscape: Homeless Women and the Law. Women’s Work: Locating Gender in the Discourse of Anti-social Behaviour. Women Travellers and the Paradox of the Settled Nomad. ‘Land Doesn’t Come From Your Mother, She Didn’t Make it With Her Hands’: Challenging Matriliny in Papua New Guinea. Unfair Shares for Women: The Rhetoric of Equality and the Reality of Inequality. The Shared Home: A Rational Solution Through Statutory Reform? Networking Resources: A Gendered Perspective on Kwena Women’s Property Rights. Accidental Islamic Feminism: Dialogical Approaches to Muslim Women’s Inheritance Rights 2007: 234 x 156: 328pp Hb: 978-1-85941-806-2: £100.00 Pb: 978-0-415-42033-4: £29.99 eBook: 978-0-203-94516-2 A GlassHouse Book

Series: Critical Approaches to Law This critique of property examines its classical conception: addressing its ontology and history, as well as considering its symbolic aspects and connection to social relations of power. Dealing with the symbolism of property, its history, traditional philosophical accounts and cultural difference, Margaret Davies has written an invaluable volume for all law students interested in property law. Selected Contents: Introduction. Themes. Histories. Theories. Cultures. Conclusion 2007: 216 x 138: 176pp Hb: 978-0-415-42933-7: £75.00 Pb: 978-1-904385-84-4: £18.99 eBook: 978-0-203-93731-0 A GlassHouse Book

Edited by Derick Fay and Deborah James, London School of Economics and Political Science, UK The Rights and Wrongs of Land Restitution: ‘Restoring What Was Ours’ offers a critical, comparative ethnographic, examination of land restitution programs. Addressing the practical and theoretical questions that arise, The Rights and Wrongs of Land Restitution thereby offers a critical rethinking of the links between land restitution and property, social transition, injustice, citizenship, the state and the market. Selected Contents: 1. Restoring What Was Ours: An Introduction, Derick Fay and Deborah James 2. Property, Subjection And Protected Areas: The ’Restitution’ Of Dwesa-Cwebe Nature Reserves, South Africa, Derick Fay 3. ’They Should Be Killed’: Forest Restitution, Ethnic Groups, And Patronage In Postsocialist Romania, Stefan Dorondel 4. The Lie Of The Land: Identity Politics and the Canadian Land Claims Process In Labrador, Evelyn Plaice 5. The Antithesis of Restitution? A Note on the Dynamics of Land Negotiations in the Yukon, Canada, Paul Nadasdy 6. Performing Law: The Yolngu of Blue Mud Bay Meet The Native Title Process in Australia, Frances Morphy 7. Ethnoracial Land Restitution: Finding Indians And Fugitive Slave Descendants In The Brazilian Northeast, Fran Hoffman French 8. The Will-To-Community: Between Loss And Reclamation In Cape Town, Christiaan Beyers 9. Through the Prism: ’Shifting Articulations’ and Local Reworking of Land Restitution Settlements in South Africa, Yves van Leynseele and Paul Hebinck 10. Due-os de Todo y de Nada! (Owners of All and Nothing): Restitution Of Indian Territories in the Central Andes of Peru, Monique Nuijten and David Lorenzo 11. Que Sucede con Procede? The End of Land Restitution in Rural Mexico, Kristina Tiedje 12. ’We’ll Never Give In To The Indians’: Opposition To Restitution In New York State, Brian Blancke July 2008: 234 x 156 Hb: 978-0-415-46108-5: £75.00 eBook: 978-0-203-89549-8 A GlassHouse Book

Related Titles Social Movements, Law and the Politics of Land Reform (see page 35)

More on Land, Property and Planning ISBN 978-1-904385-62-2 978-0-415-42031-0

Title

Author/Editor

Gaining Ground?*

Deborah James

31

Binding Hardback Paperback

*eBook Available

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Pub Date 2006

Price £100.00 £28.99


32

LAW, GEOGRAPHY AND THE ENVIRONMENT

Taking Stock of Environmental Assessment Law, Policy and Practice Edited by Jane Holder, University College London, UK and Donald McGillivray, University of Kent, UK ’...this collection can be warmly welcomed as an important contribution to the ongoing analysis of the EA process. It is refreshing in that it includes but also departs from a narrow legal analysis of legal framework and draws considerably on the reflections of those experienced in the daily business of policy development.’ – Sharon Turner, Journal of Environmental Law, vol. 20 no. 2 (June 2008) Examining the relationship between law, environmental governance and the regulation of decision-making, this volume, both reflective and contextual in approach, uses a wide range of theories to explore the key features of modern environmental assessment. Selected Contents: 1. Taking Stock 2. Environmental Assessment: Dominant or Dormant? 3. NEPA and the Curious Evolution of Environmental Impact Assessment in the United States 4. Better Regulation in Europe 5. The Development of Environmental Assessment at the Level of the European Union 6. Substance and Procedure under the Strategic Environmental Assessment Directive and the Water Framework Directive 7. Access to Justice and the EIA Directive: The Implications of the Aarhus Convention 8. Bringing Environmental Assessment into the Digital Age 9. The Prospects for Ecological Impact Assessment 2007: 234 x 156: 304pp Hb: 978-1-84472-101-6: £75.00 Pb: 978-1-84472-100-9: £26.99 eBook: 978-0-203-94494-3

COMING SOON

COMING SOON

Water Law for the Twenty-First Century

The Legal, the Spatial and the Pragmatics of World-Making

National and International Aspects of Water Law Reform in India

Nomospheric Investigations

Edited by Philippe Cullet, School of Oriental and African Studies, University of London, UK, Alix Gowlland-Gualtieri, Roopa Madhav and Usha Ramanathan, Centre for the Study of Developing Societies, India

Critical legal geography is practised by an increasing number of scholars in various disciplines, but it has not had the benefit of an overarching theoretical framework that might overcome its currently rather ad hoc character. The Legal, the Spatial and the Pragmatics of World-Making remedies this situation. Presenting a balanced convergence of contemporary socio-legal and critical geographic scholarship, David Delaney offers a ground-breaking contribution to the fast growing field of legal geography.

This volume critically analyses legal issues arising under international law, concerning the consequences of proposed water regulatory changes and their implementation. The book looks at reforms in India in order to ask broader questions about the relevance of international law in national law and policy making. Selected Contents: Part 1: Background and Historical Development 1. Introduction, Philippe Cullet, Alix Gowlland-Gualtieri, Roopa Madhav, Usha Ramanathan 2. Trends in the Development of Water Law, Andrés Olleta 3. Water Sector and Water Law Reforms: International Aspects 4. The Role of International Financial Institutions, Andrés Olleta 5. Context for Water Sector and Water Law Reforms in India, Roopa Madhav Part 2: Water Law Reforms in India 6. Law and Policy Reforms for Drinking Water, Philippe Cullet 7. Law and Policy Reforms for Irrigation, Roopa Madhav 8. Law and Policy Reforms for Groundwater, Sujith Koonan 9.Institutional Reforms for Water, Roopa Madhav Part 3. Human Rights, Social, Health and Environmental Aspects 10. The Human Right to Water, Alix Gowlland-Gualtieri 11. Untouchability and Water, Usha Ramanathan 11. Gender and Environment, Patricia KameriMbote 12. Environmental Aspects of Water Sector Reforms, David Takacs 13. Health Aspects of Water Sector Reforms, Adil Hasan Khan Part 4. International and Comparative aspects 14. Legal Implications of Trade in ‘Real’ and ‘Virtual’ Water Resources, Alix Gowlland-Gualtieri 15. South Africa: A model for Water Law Reforms for India and other Countries of the South, Alix Gowlland-Gualtieri Part 5: Conclusions 16. Water Law for the 21st Century, Philippe Cullet, Alix Gowlland-Gualtieri, Roopa Madhav, Usha Ramanathan July 2009: 234 x 156: 256pp Hb: 978-0-415-47753-6: £65.00

David Delaney

Selected Contents: 1. Introduction and Overview Part 1: Orientations 2. Analytics: Space, Power, Law and World-Making Part 2: Investigations 3. At Home in the Nomosphere 4. Nomoscapes of Publicity 5. The Nomospheric Constitution of ’Community’ 6. Nomospheric Homelands 7. Alternative Legal Worlds 8. Nomoscapes of Extremity Part 3: Reflections 9. Re-imagining the Nomosphere May 2009: 234 x 156: 224pp Hb: 978-0-415-46319-5: £70.00 A GlassHouse Book

COMING SOON

Lawscape Property, Environment, Law Nicole Graham, Macquarie University, Australia Lawscape: Property, Environment, Law systematically considers the ways in which property law transforms both natural environments and social economies. Addressing law’s relationship to land and natural resources through its property regime, Lawscape engages the abstract philosophy of property law with the material environment of place. Selected Contents: Part 1: Introduction - The Paradigm Of Dephysicalisation Part 2: Conceptual Origins Part 3: Material Origins: Nation Part 4: Material Origins: Empire Part 5: Conceptual Developments Part 6: Material Consequences Part 7: Contemporary Practices Part 8: Conclusion November 2009: 240pp Hb: 978-0-415-47559-4: £70.00

Related Titles Absent Environments (see page 46)

More on Law, Geography and the Environment ISBN

Title

Author/Editor

Binding

Pub Date

Price

978-1-85941-917-5

Enforcement of European Union Environmental Law

Martin Hedemann-Robinson

Paperback

2006

£42.95

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33

LAW, GLOBALIZATION AND INTERNATIONAL DEVELOPMENT Rules, Rubrics and Riches

International Development

COMING SOON

The Relationship Between Law, Institutions and International Development

Sundhya Pahuja and Jennifer Beard

Shailaja Fennell, University of Cambridge, UK

The Right to Development in International Law

This book contests current approaches to law and development insofar as these depend upon two premises: first, that development is the means by which global human well-being is to be achieved; and, second that law – both domestic and international – may be used to affect that development.

Rules, Rubrics and Riches highlights the limitations of the traditional school of law and development that was based on a mainstream understanding of economic development, emphasizing notions of rational man at the micro level and the superiority of modernity and unilinear models of economic progress at the macro level. It offers a frame for ’law and development’ thinking by specifically posing the question: how do social sciences perceive the role of the law in international development? Discussing a range of local, national and international institutions the focus of the book turns from the law-making/law-breaking paradigm to law’s relation to social norms. Selected Contents: 1. Introduction 2. The Rational for a Study of Law 3. Institutions and International Development 4. The Household Level 5. The Community Level 6. Regional Interests and National Policy 7. International Bodies and Impact on Developing Countries 8. A Multi-Level Analysis 9. Conclusion March 2009: 234 x 156: 256pp Hb: 978-1-904385-29-5: £95.00 Pb: 978-0-415-42035-8: £29.99 A GlassHouse Book eBook: 978-0-203-41455-2

Series: Critical Approaches to Law

Asking not how law may effect development but rather how development discourse sustains (international) law itself, this book argues that what is at stake in the idea of ‘development’ is the legitimization of an increasingly forceful homogenization of the political, economic and social spheres. Developmentalism, it is further argued, provides normative ‘objectivity’ to the foundational assumptions of international law (including human rights, trade and international financial law). And, as law thus becomes both a normative and an instrumental discourse, what it overlooks is the violence of developmentalism’s transformational project. Selected Contents: 1. ’Law and Development’ as a Field 2. The Development Concept and its Precursors 3. The Institutionalisation of Development 4. Crisis and Renewal 5. Development, Human Rights and the Rule of Law April 2009: 216 x 138: 144pp Hb: 978-0-415-43290-0: £75.00 Pb: 978-0-415-43291-7: £18.99

The Case of Pakistan Khurshid Iqbal Series: Routledge Research in Human Rights Law This book explores the right to development in international law. The volume draws on a range of relevant sources to analyse the legal status of international cooperation in contemporary international law, before going on to explore the domestic application of the right to development looking at the example of Pakistan. Selected Contents: 1. Introduction Part 1: The Concept and Challenges of the Right to Development 2. The History, Politics and the Concept of the Right To Development 3. The Jurisprudence of the Right To Development 4. The Declaration and the Working Groups Part 2: The Right to Development in International Law 4. The Legal Status of the Right To Development in Public International Law Part 3: The Right to Development in Pakistan 6. The Nature and Extent of the Realisation of the Right to Development in Pakistan 7. Re-conceptualising the RTD in Islamic Law 8. Pakistan’s Poverty Reduction and the Right to Development 9. Conclusion October 2009: 234 x 156: 256pp Hb: 978-0-415-47941-7: £65.00

A GlassHouse Book

COMING SOON

Related Titles

WTO, Governance and the Limits of Law

Serving Whose Interests? (see page 24)

Jens Mortensen Offers a critical look at the legalization of multilateral trade governance. It inquires into the process whereby GATT was transformed into the WTO and asks to what extent its governance has become legalistic. Selected Contents: 1. The WTO and the Governance of Globalisation 2. Approaches to the Study of Legalisation and Globalisation 3. Globalisation and the Transformation of the GATT 4. The WTO Dispute Settlement System: The Gravity Centre in WTO Governance 5. The Minimalist WTO Organisation: The Legacy of the GATT 6. The WTO Network: Exploring Alternative Modes of WTO Governance 7. WTO Practice in Critical Areas: Shrimps, Hormones and Bananas 8. Limits of WTO Legalisation: The Imperfections of the Global Polity 9. Conclusion: The Politics and Prospects of Reforming the WTO June 2009: 234 x 156: 208pp Hb: 978-0-415-33399-3: £65.00 eBook: 978-0-203-41455-2

International Law and the Third World (see page 28) Sustainable Futures (see page 31) Water Law in for the 21st Century (see page 32)

More on Law, Globalization and International Development ISBN 978-1-904385-35-6 978-0-415-42000-6

Title

Author/Editor

The Political Economy of Desire*

Jennifer Beard

Binding Hardback Paperback

*eBook Available

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Pub Date 2006

Price £100.00 £31.99


34

LAW, GLOBALIZATION AND INTERNATIONAL DEVELOPMENT COMING SOON

COMING SOON

Law in the Pursuit of Development

The Political Economy of Government Auditing

Series Editor Julio Faundez, University of Warwick, UK

Principles into Practice?

Financial Governance and the Rule of Law in Latin America and Beyond

During the past decades, a substantial transformation of law and legal institutions in developing countries has taken place. Whether prompted by market-based policies or the international human rights movement, by the relentless advance of the process of globalization or the successive waves of democratization, no area of law has been left untouched. The aim of this series is to promote crossdisciplinary dialogue and cooperation among scholars and development practitioners interested in understanding the theoretical and practical implications of the momentous legal changes taking place in developing countries.

Law in the Pursuit of Development critically explores the relationships between contemporary principles and practice in law and development. Including papers by internationally renowned, as well as emerging, scholars and practitioners, the book is organised around the three liberal principles which underlie current efforts to direct law towards the pursuit of development. First, the increasingly muddy, yet eternally significant, distinction between the interests of the public and private sectors is considered. Second, the principles of participation and accountability, and their implementation in practice is addressed. Third, the rule of law as both a means to, and an objective of, development is taken up. This insightful and provocative collection will be of considerable interest to students, academics and practitioners with an interest in the fields of law and development, international economic law, and law and globalisation.

Law Development and Globalization Series

State Violence and Human Rights State Officials in the South Edited by Steffen Jensen and Andrew Jefferson, both based at the Rehabilitation and Research Centre for Torture Victims, Denmark State Violence and Human Rights addresses how legal practices - rooted in global human rights discourse or local demands - take hold in societies where issues of state violence remain to be resolved. Attempts to make societies accountable to human rights norms regularly draw on international legal conventions governing state conduct. As such, interventions tend to be based on inherently normative assumptions about conflict, justice, rights and law, and so often fail to take into consideration the reality of local circumstances, and in particular of state institutions and their structures of authority. Against the grain of these analyses, State Violence and Human Rights takes as its point of departure the fact that law and authority are contested. Grounded in the recognition that concepts of rights and legal practices are not fixed, the contributors to this volume address their contestation ’in situ’; as they focus on the everyday practices of state officials, non-state authorities and reformers. Addressing how state representatives - the police officer, the prison officer, the excombatant militia member, the hangman and the traditional leader - have to negotiate the tensions between international legal imperatives, the expectations of donors, the demands of institutions, as well as their own interests, this volume thus explores how legal discourses are translated from policy into everyday practice.

Edited by Amanda Perry Kesaris

Selected Contents: Part 1: Introduction ’Politicising Ethical Consumption’, Sally Wheeler ’Engendering Responsibility In Global Markets’, Anne Stewart ’International Knowledge Governance and Investment Agreements: The Case of Access to Medicines’, Valentina Vadi ’Cultural Self-Determination And International Intellectual Property Rights’, Fiona Macmillan ’Liberalisation And Environmental Legislation in India’, Kanchi Koli and Manju Menon Part 2: Participation and Accountability? ’The World Bank’s Dilemma: Rule of Law Promotion or Doing Business?’, Julio Faundez ’Accountability Mechanisms of Multilateral Development Banks’, Suresh Nanwani ’The Conflicting Spaces of Biodiversity Regulation: Locality OF Tension’, Andreas Kotsakis ’Dispute Resolution at African Stock Exchanges’, June Mclaughlin Part 3: Instituting The Rule of Law? ’Japanese Law and Development in a Post-Regulatory World’, Veronica Taylor ’With Friends Like These: Where Donors Fall Short in Promoting Rule of Law in Latin America’, Linn Hammergren ’World Bank Rule Of Law Assistance In Post-Conflict Countries: Opportunities, Challenges and Limitations’, Klaus Decker ’Socio-Cultural Viability of Rule of Law Policies in War-Torn Societies’, Dzenan Sahovic ’Land and Power in Afghanistan: In Pursuit of Law and Justice?’, Patrick Mcauslan November 2009: 234 x 156: 224pp Hb: 978-0-415-48589-0: £75.00 A GlassHouse Book

Carlos Santiso, Manager of the Governance Division of the African Development Bank The Political Economy of Government Auditing addresses the elusive quest for greater transparency and accountability in the management of public finances in emerging economies; and, more specifically, it examines the contribution of autonomous audit agencies (AAAs) to the fight against corruption and waste. Whilst the role of audit agencies in curbing corruption is increasingly acknowledged, there exists little comparative work on their institutional effectiveness. Addressing the performance of AAAs in emerging economies, Carlos Santiso pursues a political economy perspective that addresses the context in which audit agencies are embedded, and the governance factors that make them work or fail. Here, the cases of Argentina, Brazil and Chile are examined, as they illustrate the three parliamentary, court and independent - models of AAAs in modern states, and their three distinct trajectories of reform, or lack of reform. Beyond Latin America, considerations on the reform of government auditing in other countries, developed and developing are also taken up as, it is argued, while institutional arrangements for government auditing matter, political factors ultimately determine the effectiveness of AAAs. Reforming AAAs, it is concluded, must consider the trajectory of state building, the role of law in public administration and the quality of governance. An important contribution to the comparative study of governance institutions, and especially those tasked with overseeing the budget and curbing corruption, The Political Economy of Government Auditing will be of interest to scholars and students of comparative politics, development studies, administrative law, and public finance; as well as to development practitioners and policy makers in developing countries, donor governments and international institutions. Selected Contents: Introduction: Budget Institutions and Financial Governance 1. Political Economy of Budget Oversight and External Auditing 2. Institutional Arrangements for External Auditing 3. The Board Model and the Case of Argentina 4. The Court Model and the Case of Brazil 5. The Monocratic Model and the Case of Chile 6. Government Auditing in Transition. Conclusions: Auditing, Accountability and Anticorruption March 2009: 234 x 156: 240pp Hb: 978-0-415-47773-4: £80.00 A GlassHouse Book

February 2009: 234 x 156: 224pp Hb: 978-0-415-47772-7: £75.00 A GlassHouse Book

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LAW, MEDIA AND CULTURE COMING SOON

Law and the Media

Law and the City

Social Movements, Law and the Politics of Land Reform

The Future of an Uneasy Relationship

Edited by Andreas Philippopoulos-Mihalopoulos, University of Westminster, London, UK

Lieve Gies, University of Keele, UK Introducing readers to the study of law, media and popular culture, this text, using three original case studies, re-examines the assumptions underpinning existing research and suggests alternatives.

George Meszaros Social Movements, Law and the Politics of Land Reform investigates how state and rural social movements are struggling for land reform against the background of a re-emergence of constitutional promises and projects in much of the developing world. By the early 1990s, as state driven was eschewed in favour of neo-liberal market principles, the historic centrality of rural conflicts was called into question. And accelerated urbanisation - most notably in China, India and Latin America appeared to spell the death of the peasantry itself. Nevertheless, significant struggles continue: in China, largely in response to land grabs by powerful coalitions of speculators and party officials; in India, as low caste tenant farmers and landless indigenous people continue to demand land redistribution; in South Africa, and elsewhere. This book focuses on the relationship between these struggles and the state. Taking Brazil as an example, Social Movements, Law and the Politics of Land Reform outlines the complex reasons behind the failures of its constitution and law enforcement mechanisms to deliver social justice. Whilst developments there have distinctive origins, they nevertheless provide important lessons and insights for other countries. In particular, it is argued that Brazil’s failures - as elsewhere - are based not simply on the severe and widespread overestimation of the promise of law - its power and autonomy - but, more significantly, upon a corresponding underestimation of law’s relations of power. Using detailed empirical evidence the book develops a threefold argument: first, the inescapable presence of power relations in all aspects of the production and reproduction of law; secondly their dominant impact on socio-legal outcomes; and finally, given the significance of power relations, the essential role played by social movements as a force in the realisation of law’s progressive potential. Selected Contents: 1: Introduction: Constitutionalism Without Redistribution 2: Legal Paralysis and Mass Mobilisation 3: Criminalising a Mass Movement 4: The Social and Political Contingency of Law 5: The Limits of Progressive State Action 6: New Models of Legality? 7: Conclusion June 2009: 234 x 156: 240pp Hb: 978-0-415-47771-0: £70.00 A GlassHouse Book

Arguing that the study of law, media and popular culture should be embedded in the sociology of everyday life, the author focuses on four specific topics, in which there is scope for further development: • the current literature in this field predominantly focuses on crime, neglecting the way the media portrays less spectacular, more run-of-the-mill legal topics • fiction, primarily, has captured scholars’ attention, with remarkably less being paid to representations of law, other than crime, in factual media • textual analysis continues to be the preferred method in the study of law and the media • the literature is dominated by a fear of corrosive media effects, while the potential of the media and popular culture to improve public legal knowledge, facilitate access to justice and promote legal change remains largely undocumented. Exploring the often uneasy relationship between law and popular culture from specific socio-legal perspectives, including systems theory, semiotics of law and legal pluralism, this book is an essential read for those studying and researching in this area. Selected Contents: Beyond Media Representations of Crime. How Visible is Law in Everyday Life? Theorising the Relationship between Law, Media and Popular Culture. Analysing Cultural Representations of Law: Content Analysis, Reception Studies and Media Production. Women’s magazines, Cyberspace and DIY Law. Tort Tales: Selling the ’No Win No Fee’ Formula on Daytime Television. Let there be Light: Improving Law’s Visibility. Re-examining ’the Vanishing Line between Law and Popular Culture’: Why do we Need a Line Anyway? 2007: 234 x 156 Hb: 978-1-84568-101-2: £85.00 Pb: 978-1-904385-33-2: £25.99 eBook: 978-0-203-93727-3

35

This invaluable guide offers a lateral, critical and often unexpected description of some of the most important cities in the world, each one from a distinctive legal perspective. Selected Contents: Introduction: ’In the Lawscape’ Part 1: Architectonics of Power 1. ’Berlin: The Untrusted Centre of the Law’ 2. ’Moscow: Third Rome, Model Communist City, Eurasian Antagonist - and Power as No-Power?’ 3. ’Istanbul, Political Islam and the Law: the Paradox of Modernity’ Part 2: Streets of the Real 4. ’Homophobic Violence in London: Challenging Assumptions about Strangers, Dangers and Safety in the City’ 5. ’Singapore: The One-Night Stand with the Law, Lah’ 6. ’Panjim: Realms of Law and Imagination’ Part 3: Legality, Illegality, Legitimacy 7. ’Athens: The Boundless City and the Crisis of Law’ 8. ’Mexico City: The City and its Law in Eight Episodes, 1940 - 2005’ 9. ’Law and the Poor: The Case of Dar es Salaam’ Part 4: The Other Intramuros 10. ’Toronto: A ’Multicultural’ Urban Order’ 11. ’Sydney: Aspiration, Asylum and the Denial of the ’Right to the City’’ 12. ’Johannesburg: A Tale of Two Cases’ Part 5: Lines of Lawscapes 13. ’BrasÌlia: Utopia Postponed’ 14. ’Cyber Cities: Under Construction’ 15. ’First We Take Manhattan: Microtopia and Grammatology in Gotham’ 2007: 234 x 156: 304pp Hb: 978-1-904385-54-7: £90.00 Pb: 978-0-415-42034-1: £28.99 eBook: 978-0-203-94515-5 A GlassHouse Book

Related Titles The Legality of Boxing (see page 44)

A GlassHouse Book

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36

LAW, POLITICS AND INTERNATIONAL RELATIONS

COMING SOON

Turkey

Global Biosecurity

The United States, International Law and the Struggle against Terrorism

Terrorism, Civil Rights, and the European Union

Threats and Responses

International Vigilante? Thomas McDonnell, Pace University, USA Series: Routledge Research in Terrorism and the Law This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing their compliance with international law. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism. Selected Contents: 1. ’The Global War on Terrorism’-A Mislabelling of the Terrorist Challenge? Part 1: Imprisoning Suspected Agents of Terror 2. ’Enhanced Interrogation Techniques’ 3. Beyond the Torture Debate: International Criminal Liability and the Reputation of the United States 4. Third Class Justice for Muslims Suspected of Terrorism? 5. Outsourcing Torture? 6. Beyond Locking’em Up and Throwing Away the Key? Part 2: Stopping Terrorists on the Ground 7. ’Flying While Muslim’: Racial and Ethnic Profiling-Inherently Discriminatory or A Sound Tactic against Suspected Terrorists? 8. Acceptable ’Collateral Damage’?-Taking Innocent Life in Conducting the ’War on Terrorism.’ 9. Assassinating Suspected Terrorists-’The Dark Side’ of the War on Terror? 10. Carrying out the Death Penalty in the ’War on Terrorism’-Getting Just Desert or Creating Martyrs? Part 3: Invading and Occupying Muslim Countries 11. The Invasion and Occupation of Afghanistan-the Country Al Qaeda Rented? 12. The Invasion and Occupation of Iraq-Aggression or a Justified Resort to Force Part 4: Conquering and Colonizing Peoples in the Past: Creating Terrorists in the Present? 13. Conquest, Colonization and the Right of Self-Determination 14. Terrorist Crimes-an Answer to Foreigners’ Colonizing Others’ Lands? 15. The Way Forward August 2009: 234 x 156: 256pp Hb: 978-0-415-48898-3: £70.00

Edited by Yonah Alexander, Potomac Institute for Policy Studies, Arlington, USA, Edgar H. Brenner, Inter-University Center for Legal Studies, Washington, USA and Serhat Tutuncuoglu Krause How do democratic societies maintain the balance between civil rights and security while continuing the fight on global terrorism? This work raises this issue and presents one country, Turkey, and its struggle to implement laws to combat terrorism and comply with the European Union’s civil rights standards. Selected Contents: 1. Turkey: Country Information 2. 1980 Military Coup, Martial Law and State of Emergency, and a New Constitution 3. Emergence of the PKK and Turkey’s Legal Responses to Terrorism 4. European System of Human Rights and Fundamental Freedoms 5. European Community and Human Rights 6. The European Union and Human Rights 7. Turkey-EU Relations: 1963-1994 the Ankara Agreement, Emergence of Turkey’s Human Rights Record as a Problem 8. Customs Union Decision and the First Implications of the Human Rights Problems 9. After the Customs Union Decision: Problems Persist 1996-1998 10. 1999 Helsinki European Council and European Union Membership Perspective for Turkey 11. After Helsinki: Initial Developments: 2000 12. Turkish Reforms on Civil Rights Begin: 2001 13. Turkey’s Progress on Human Rights: Changes in Anti-Terrorism Related Laws: 2002-2003 14. Year of Evaluation for Turkey to Start EU Accession Negotiations: 2004 15. Quo Vadis? After 2004: European Union Membership Still a Rough Path April 2008: 234 x 156: 808pp Hb: 978-0-415-44163-6: £125.00 eBook: 978-0-203-93628-3

COMING SOON

Testifying to Trauma The Codification of Atrocity in Humanitarian Law Kirsten Campbell, University of London, UK, Hannah Starman, Institute of Ethnic Studies, Slovenia and Sari Wastell, Goldsmiths College, University of London, UK Testifying to Trauma examines the processes by which victims’ narratives of trauma become legal testimony: investigating how the transformation of individual trauma into a codified collective violation has ramifications for individual, collective and legal identities. More specifically, this book addresses the historical and political contexts of the current legal codifications of trauma. And, through detailed attention to the various renderings of time and memory which underwrite the dissonance between personal experiences and legal narratives of trauma, its authors provide an original analysis and understanding of the technologies through which trauma is codified in international law.

Edited by Peter Katona, UCLA, USA, John P. Sullivan, National Terrorism Early Warning Resource Center, Los Angeles Sheriff’s Department, USA and Michael D. Intriligator, UCLA, USA Series: Contemporary Security Studies This book explores a range of biohealth and biosecurity threats, places them in context, and offers responses and solutions from global and local, networked and pyramidal, as well as specialized and interdisciplinary perspectives. Selected Contents: Preface: Reflections of a Bioweaponeer William Patrick III 1. Introduction: Global Biosecurity and the Spectrum of Infectious Disease Threats Part 1: Assessing the Threats of Natural and Deliberate Epidemics 2. Emerging and Re-Emerging Infectious Diseases: Avian Influenza and Other Global Pandemics Peter Katona and Michael Scheld 3. Biological Warfare and Bioterrorism: How Do They Differ from Other WMD Threats Peter Katona and David Franz 4. A History of Bioterrorism and Biocrimes Peter Katona and Seth Carus 5. Agroterrorism and Food Safety Tom Frazier 6. The Economic, Political, and Social Impacts of Bioterrorism Michael D. Intriligator 7. Technology and the Global Proliferation of Dual-Use Biotechnologies Mark Gorwitz 8. Conflict and Environmental Security Setting the Stage for Humanitarian Crises John P. Sullivan Part 2: Weaknesses in Current Preparedness and Response 9. The Global Politics of Biosecurity and Crime: Obstacles to Integration Adrian Baciu 10. Problems in Coordinating Health, Law Enforcement, and Intelligence Activities in the US and the United Kingdom Keith Weston 11. A Critique of the U.S. National Guard’s Role in Combating Bioterrorism Annette Sobel 12. The Media and the Role of Risk Communication in Public Health Preparedness Manfred Green and Bruce Dan Part 3: Integrated Approaches to Infectious-Disease Preparedness and Response 13. The Changing Role of Surveillance in Bioterrorism Preparedness Marjorie Pollack 14. Improving Strategic Medical Intelligence and Forensic Epidemiology Dixon Diamond 15. Integrating Local, State, and Federal Responses to Infectious Threats Jonathan Fielding 16. Handling Special Populations: The Elderly, Disabled, Immunocompromised and Children Alan Toy 17. Developing a New Paradigm for Biodefense in the 21st Century: Adapting Healthcare Response to the Biodisaster Threat Joseph Rosen and C. Everett Koop 18. Enhancing the Role of Business, the Pharmaceutical Industry and Hospitals in Biosecurity Preparedness Eric Toner 19. The Contribution of International Law to Enhance Biosecurity David P. Fidler 20. Conclusion: An Integrated, Networked Approach to Infectious Disease Preparedness 21. Epilogue: Reflections on the Future of Bioweapons Alvin Toffler April 2009: 234 x 156: 272pp Hb: 978-0-415-46053-8: £70.00

Selected Contents: 1. Genealogies of Codification: The Histories and Politics of the Narration of Trauma 2. Trials of History/Trials in History: Legal Institutions Post-Eichmann 3. Jurisprudence and the Narration of Trauma Post-Eichmann 4. Pre-Trial Procedures and the Production of the ‘Victim-Witness’ 5. Trial Practices and the Shaping of Legal Narratives of Trauma 6. In the Time(s) of Law 7. Before and After Law 8. Conclusions May 2009: 234 x 156: 240pp Hb: 978-0-415-45947-1: £70.00 eBook: 978-0-203-93075-5 A GlassHouse Book

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37

LAW, POLITICS AND INTERNATIONAL RELATIONS Peace Operations and International Criminal Justice

Regional Cooperation and International Organisations

Building Peace after Mass Atrocities

The Nordic Model in Transnational Alignment

Majbritt Lyck, Department of Peace Studies, University of Bradford, UK Series: Contemporary Security Studies This new volume provides the first thorough examination of the involvement of peace enforcement soldiers in the detention of indicted war criminals. Selected Contents: Introduction Part 1: Peace Missions, Global Order and Transitional Justice 1. Peace Missions and Global Order 2. Peace Missions and Transitional Justice Part 2: UN Peace Missions’ Involvement in Securing Justice and Transitional Justice 3. UN Peace Missions, Peace-Building and Justice 4. UN Peace Missions, Peace-Building and Transitional Justice Part 3: The Experiences of IFOR, SFOR and KFOR 5. IFOR and the Detention of Indicted War Criminals 6. SFOR and the Detention of Indicted War Criminals 7. KFOR and the Detention of Indicted War Criminals Part 4: Preparing, Authorising and Ensuring the Detention of Indicted War Criminals 8. Preparing Peace Enforcement Soldiers for Detaining Indicted War Criminals: Incorporating the Detention of Indicted War Criminals into the Military Doctrines of Peace Enforcement Missions 9. Authorising Peace Enforcement Soldiers to Detain Indicted War Criminals: Incorporating the Detention of Indicted War Criminals into the Mandate and Rules of Engagement 10. Ensuring the Detention of Indicted War Criminals: Improving the Practices of Peace Enforcement Missions aiming at Detaining Indicted War Criminals Part 5: Peace Missions and Politics 11. Peace Missions: Peace, Justice and Politics Part 6: Assisting Peace Enforcement Missions in the Apprehension of Indicted War Criminals 12. Peace Enforcement Soldiers Cannot Do It Alone: Involving International Institutions and Organisations and the Local Population in Locating Indicted War Criminals 13. Peace Enforcement Soldiers Cannot Do It Alone: Involving International and Local Agencies in Apprehending Indicted War Criminals. Conclusion. Bibliography July 2008: 234 x 156: 288pp Hb: 978-0-415-44459-0: £70.00 eBook: 978-0-203-89159-9

Edited by Norbert Götz, University of Helsinki, Finland and Heidi Haggrén, University of Helsinki, Finland Series: Routledge Advances in International Relations and Global Politics This book looks beyond the nation state and institutions to examine regional cooperation of the Nordic countries in international organizations. Selected Contents: Introduction: Transnational Nordic Alignment in Stormy Waters Norbert Götz and Heidi Haggrén Part 1: The Development Of Nordic Cooperation In World Affairs C2. ‘Blue-eyed Angels’ at the League of Nations: The Genevese Construction of Norden Norbert Götz C3. Nordic Cooperation in the United Nations during the First Cold War: Between Internationalism and Realpolitik Kristine Midtgaard Part 2: Nordic Cooperation In Given Policy Fields C4. The Nordic Model and the International Labour Organization Pauli Kettunen C5. The ‘Nordic Group’ in UNESCO: Informal and practical cooperation within the politics of knowledge Heidi Haggrén C6. Nordic Cooperation in Providing Development Aid Sunniva Engh and Helge Pharo Part 3: Nordic Cooperation In A European Context C7. Efta 1959–72 : An Exercise in Nordic Cooperation and Conflict Thorsten B. Olesen C8. The Nordic States and the European Security and Defence Policy: National, Nordic or European? Clive Archer C9. Nordic and Nordic–Baltic Cooperation in the Council of Europe: A Force in Promoting Common Values Kjell M. Torbiörn Part 4: Nordic NGO Cooperation In European And World Affairs C10. European Integration and Nordic Trade Unions Lars Magnusson and Sofia Murhem C11. Anti-EU Movements and Nordic Cooperation Carsten Schymik C12. Nordic Cooperation for Women’s Empowerment: The Role of Women’s Organizations Kerstin Rydbeck C13. Nordic Communists in the Communist International Tauno Saarela C14. Epilogue: The ‘Alpine System’: Creating Space for Regional Cooperation Norbert Götz December 2008: 234 x 156: 272pp Hb: 978-0-415-45964-8: £70.00 eBook: 978-0-203-88413-3

More on Law, Politics and International Relations ISBN 978-1-904385-56-1

Title

Author/Editor

Anthropology and Expertise in the Asylum Courts

Anthony Good

Hardback

Pub Date 2006

Paperback

978-1-904385-55-4 978-1-84472-049-1

Binding

International Negotiation in the Twenty-First Century

Alain Plantey

Hardback

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Price £90.00 £29.99

2006

£95.00


38

LAW, POLITICS AND INTERNATIONAL RELATIONS

COMING SOON

COMING SOON

The War on Terrorism

Nationalism and Global Justice

Human Security, Transnational Crime and Human Trafficking

A Collision of Values, Strategies, and Societies

David Miller and His Critics Edited by Helder De Schutter and Ronald Tinnevelt, both at Leuven University, Belgium Previously published as a special issue of the Critical Review of Social and Political Philosophy, this collection brings together some of the most influential political contemporary philosophers to present a critical review of David Miller’s conational priority thesis. Selected Contents: 1. On Nationalism and Global Justice: An Introduction 2. National Responsibility and Global Justice 3. Liberal Nationalism, Moral Minimalism, and Global Justice 4. Human Rights and Global Egalitarianism 5. Social Justice in a Global Setting 6. Justice and Culture 7. Foundational Questions in David Miller’s Global Theory 8. David Miller on Collective Responsibility 9. Reparations and Global Distributive Justice 10. Must Millennium Domes Stand in the Way of Millennium Goals? 11. Cosmopolitanism, Nation-Building and Bounded Citizenship 12. Does Justice Apply to the Global Order? 13. A Reply June 2009: 234 x 156: 256pp Hb: 978-0-415-42086-0: £70.00

Law, Antisemitism and the Holocaust David Seymour, Lancaster University, UK Using the work of a range of key thinkers, including Marx, Agamben, Nietzsche, Sartre, Adorno and Horkheimer, Arendt and Lyotard, this book examines the connections between legal rights as an expression of modern political emancipation and the emergence and development of the social phenomenon of antisemitism. Addressing, amongst others the topic of the Holocaust and its impact upon critical forms of thought and public life, this volume discusses the relationship between law and antisemitism. Selected Contents: Introduction: Time’s Arrow. Law, Antisemitism and the Holocaust. Limits of Emancipation: Rights, Ressentiment and Antisemitism. Jews without Judaism, Judaism without Jews: Conceptualization of ’The Jews’ and ’The Law’ in Critical Thought. Radical Rupture or Critical Reflection: The Impact of the Holocaust on Theorizing Law and Antisemitism. Conclusion: Resisting Melancholia: Law Contra Antisemitism 2007: 234 x 156: 160pp Hb: 978-1-904385-43-1: £75.00 Pb: 978-0-415-42040-2: £22.99 eBook: 978-0-203-93844-7 A GlassHouse Book

Asian and Western Perspectives Edited by Shiro Okubo, Ritsumeikan University, Japan and Louise Shelley, George Mason University, USA Series: Routledge Transnational Crime and Corruption Examining transnational crime, human trafficking and its implications for human security from both Western and Asian perspectives, this book, with essays from contributors based in Europe, the US and Asia, fills a gap on all bookshelves; providing an excellent volume on the under considered area of Asian transnational crime. Selected Contents: Preface: Origin and Objective of the Human Security Project Part 1: Human Security and Transnational Crime 1. Human Security and Transnational Crime 2. Transnational Organized Crime: The German Response 3. International Organized Crime Operating in Western Europe: The Judicial and Police Approach Against Organized Crime in the European Union 4. Canada’s New Concerted Efforts to Combat Transnational Organized Crime: New Concerns, Emerging New Enforcement Practices, and New Legislation 5. Japanese Crime Situation and Transnational Organized Crime 6. Drug Trafficking and Korea 7. Organized Crime Control and Drug Prevention Strategy: Thai Perspective Part 2: Human Security and Human Trafficking 8. International Human Trafficking: An Important Component of Transnational Crime 9. The European Union Effort to Combat Illegal Migration, Smuggling and Trafficking in Human Beings: Impact on Spanish Law 10. Trafficking into the United States and Western Hemisphere from Asia 11. Current Situation of Migrant Women Employed in the Sex and Entertainment Sector of Korea 12. Japanese Experience and Response in Combating Trafficking May 2009: 234 x 156: 256pp Hb: 978-0-415-43701-1: £75.00

Thomas A. Johnson, University of New Haven, West Haven, Connecticut, USA In order to eradicate terrorism, our nation must go beyond merely shoring up military strength. It must also effectively confront the fundamentalist ideology that fuels and supports the terrorists. The War on Terrorism: A Collision of Values, Strategies, and Societies operates on the premise that the violent rejection of globalization at the root of terrorism must be addressed not solely by Western society and its armies, but also by those moderate and progressive Muslims and their religious leaders who are capable of rebutting the medieval underpinnings of the jihadist interpretation of Islam. By promoting an understanding of both terrorism and the terrorist, this volume examines the complexities inherent in creating a national security policy that successfully combats terrorist attacks. Emphasizing the underpinnings of terrorist ideology throughout the text, the book examines the tools used by terrorist groups, the infrastructure targets most vulnerable to attack, and our vulnerabilities to the five major categories of WMDs. It describes the roles and responsibilities of each of our nation’s 16 intelligence agencies, while also reviewing the role of conflict between the National Security Council and the U.S. State Department. The final chapter summarizes the challenge of globalization and presents a future forecast of the trends in global terrorism. An understanding of the forces behind terrorism and its impacts are crucial to all nations and to the policy makers who design and construct counterterrorism programs. It is only through a multi-faceted approach that we can ever hope to make our country safe. This comprehensive volume provides those charged with protecting our homeland with the information necessary to understand terrorists and terrorism and to create effective, sensible national security policies. CRC Press November 2008: 235 x 156: 360pp Hb: 978-1-4200-7987-6: £41.99

Nazi War Crimes, US Intelligence and Selective Prosecution at Nuremberg Controversies Regarding the Role of the Office of Strategic Services Michael Salter, University of Central Lancashire, Preston, UK This book provides a balanced but critical discussion of the contribution of American intelligence officials to the Nuremberg war crimes trials process, and reviews recently declassified CIA documents. Selected Contents: 1. Introducing the Rationale, Aims and Methodology 2. Evidence of the War Criminality of the Wolff Group 3. The Geo-political Context of the Peace Negotiations Surrounding OSS’ Operation Sunrise 4. Intervening on Behalf of Karl Wolff 5. Protecting the Wider Sunrise Group: Zimmer, Dollmann and Wenner 6. The Contribution of OSS Officials to the Prosecution of Nazi War Crimes 7. Gathering and Analysing the Materials that Became the R-Series of Nuremberg Trial Evidence 8. General Donovan’s Contribution to the Nuremberg Trials. Summation: Taking Stock 2007: 234 x 156: 480pp Hb: 978-1-904385-81-3: £100.00 Pb: 978-1-904385-80-6: £30.99 eBook: 978-0-203-94510-0 A GlassHouse Book

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LAW, POLITICS AND INTERNATIONAL RELATIONS

39

COMING SOON

COMING SOON

War, Torture and Terrorism

The Courts of Genocide

War, Conflict and Human Rights

Rethinking the Rules of International Security

Politics and the Rule of Law in Rwanda and Arusha Nicholas Jones, University of Regina, Canada The Courts of Genocide focuses on the judicial response to the genocide in Rwanda in order to address the search for justice following mass atrocities. The central concern of the book is how the politics of justice can get in the way of its administration. Considering both the ICTR (International Criminal tribunal for Rwanda), and all of the politics surrounding its work, and the Rwandan approach (the Gacaca courts) and the politics that surround it, The Courts of Genocide addresses the relationship between these two ’courts’ which, whilst oriented by similar concerns, stand in stark opposition to each other. In this respect, the book addresses a series of questions, including: What aspects of the Rwandan genocide itself played a role in directing the judicial response that has been adopted? On what basis did the government of Rwanda decide to address the genocide in a legalistic manner? Around what goals has each judicial response been organized. What are the specific procedures and processes of this response? And, finally, what challenges does its multifaceted character create for those involved in its operation, well as for Rwandan society? Addressing conceptual issues of restorative and retributive justice, liberal legality and cosmopolitan law, The Courts of Genocide constitutes a substantially grounded reflection upon the problem of ’doing justice’ after genocide. Selected Contents: 1. Introduction to the Rwandan Genocide and the Judicial Response 2. A Theoretical Framework for Justice in the Aftermath of Genocide 3. The Gacaca Courts 4. The Rwandan National Judiciary 5. The International Criminal Tribunal for Rwanda (Ictr) 6. International Jurisprudence: Definitions of the Crimes and the Key Precedents 7. Issues Impacting the Search for Justice Across All Three Realms: Witness Protection, Hearsay Evidence, and Plea Bargaining 8. Conclusions, Predictions, and Reflections June 2009: 234 x 156: 208pp Hb: 978-0-415-49070-2: £70.00 A GlassHouse Book

Chandra Lekha Sriram, Olga Martin-Ortega and Johanna Herman, all at University of East London, London, UK This book addresses the relationship of human rights to armed conflict in three distinct sections. • Section 1 examines the tensions and complementarities between protection of human rights and resolution of conflict. This involves consideration of the competing political demands in play and of the challenges posed by internal armed conflict and non-state armed groups, where international law has little direct effect • Section 2 considers the scope and effects of human rights violations in a number of contemporary armed conflicts, such as the ’Global War on Terror’, and the conflicts in Sierra Leone, Sudan, the Democratic Republic of Congo, and Uganda • Section 3 examines the legal and institutional accountability mechanisms that have been developed in the wake of armed conflict to punish violations of human rights law and international humanitarian law. It concludes with a discussion of continuing and emergent trends and challenges. War, Conflict and Human Rights will be essential reading for advanced students of war, armed conflict and human rights, and international humanitarian law, and highly recommended for students of conflict analysis, prevention, resolution, post-conflict peacebuilding, international humanitarian law and international security. Selected Contents: How to use this text Part 1: War and Human Rights: Critical Issues, Law, Politics, and Debates 1. War and Human Rights 2. Conflict: fundamentals and debates 3. Human Rights: History and debates 4. Relevant humanitarian and human rights law 5. Internal vs. international armed conflicts, and the problem of non-state armed groups and terrorism Part 2: Contemporary Conflict: Critical Cases 6. The former Yugoslavia 7. Sierra Leone 8. The DRC 9. Sudan 10. The “Global War on Terror” Part 3: Building Peace and Seeking Accountability: Recent Mechanisms and Institutions 11. Ad hoc tribunals: the ICTR and ICTY 12. Accountability for human rights violations far from conflict, transnationally 13. Mixed or hybrid tribunals 14. The International Criminal Court 15. Enduring and emergent challenges in conflict and human rights June 2009: 246 x 174: 240pp Hb: 978-0-415-45205-2: £75.00 Pb: 978-0-415-45206-9: £22.99

Edited by Anthony F. Lang, Jr. and Amanda Russell Beattie, both at University of St. Andrews, UK Series: Contemporary Security Studies This book seeks to demonstrate how rules not only guide a variety of practices within international politics but also contribute to the chaos and tension on the part of agents in light of the structures they sustain. Four central themes- practice, legitimacy, regulation, and responsibility- reflect different dimensions of a rule governed political order. The volume does not provide a single new set of rules for governing an increasingly chaotic international system. Instead, it provides reflections upon the way in which rules can and cannot deal with practices of violence. While many assume that ’obeying the rules’ will bring more peaceful outcomes, the chapters in this volume demonstrate that this may occur in some cases, but more often than not the very nature of a rule governed order will create tensions and stresses that require a constant attention to underlying political dynamics. This wide-ranging volume will be of great interest to students of International Law, International Security and IR theory. Selected Contents: 1. Rules and International Security: Dilemmas of a New World Order Anthony F. Lang, Jr. Part 1: Rules and Practices 2. Rules for Torture? Nicholas Onuf 3. Contextualizing Torture: Rules and Conventions in the Roman Digest Jill Harries 4. Is Torture ever Justified? Torture, Rights and Rules from Northern Ireland to Iraq Caroline Kennedy-Pipe and Andre Mumford Part 2: Rules and Legitimacy 5. Cannon, not Canon: The Dynamics of ad bellum Rule Change Janne Haaland Matlary 6. Preventive War ’à l’américaine’: In the Fog of Norms Ariel Colonomos Part 3: Rules and Regulation 7. Technology Change, Rule Change and the Law of Armed Conflict Michael E. Smith 8. Rules and the Evolution of International Nuclear Order William Walker Part 4: Rules and Responsibility 9. International Rules, Custom, and the Crime of Aggression Larry May 10. Truth Commissions and Rules: Justice and Peace Mario I. Aguilar Part 5: Questioning Rules 11. Absolute Ends and Dynamic Rules: Being Political as Human Beings Amanda Russell Beattie 12. Intra Arma, Silent Leges? The Political Community, Supreme Emergency and the Rules of War Nicholas Rengger October 2008: 234 x 156: 232pp Hb: 978-0-415-46521-2: £80.00 Pb: 978-0-415-46522-9: £22.99 eBook: 978-0-203-88845-2

Related Titles The Other’s War (see page 45) Being Against the World (see page 45)

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40

LEGAL THEORY

Intersectionality and Beyond

Criminal Justice Theory

Foucault’s Law

Law, Power and the Politics of Location

Explaining the Nature and Behavior of Criminal Justice

Ben Golder, University of East London, UK and Peter Fitzpatrick, Birkbeck College, University of London, UK

Series: Social Justice Edited by Emily Grabham, Davina Cooper and Didi Herman, all at University of Kent, UK, and Jane Krishnadas, University of Keele, UK This collection addresses the present and the future of the concept of intersectionality within socio-legal studies. Intersectionality provides a metaphorical schema for understanding the interaction of different forms of disadvantage, including race, sexuality, and gender. But it also goes further to provide a particular model of how these aspects of social identity and location converge – whether at the level of subjectivity, everyday life, in culture or in the institutional practices of state and other bodies. Including contributions from a range of international scholars, this book interrogates what has become a key organizing concept across a range of disciplines, most particularly law, political theory, and cultural studies. Selected Contents: Part 1: Mapping Intersectionalities 1. Intersectionality and the Feminist Project in Law, Joanne Conaghan 2. The Complexity of Intersectionality, Leslie McCall Part 2: Confronting Law 3. Intersectionality Analysis in the Sentencing of Aboriginal Women in Canada: What Difference Does it Make?, Toni Williams 4. Sexual Violence, Ethnicity, and Intersectionality in International Criminal Law, Doris Buss 5. Intersectionality in Theory and Practice, Suzanne B. Goldberg 6. Identifying Disadvantage: Beyond Intersectionality, Rosemary Hunter and Tracey De Simone 7. Intersectionality: Traumatic Impressions, Emily Grabham Part 3: Power Relations and the State 8. Transitional Intersections: Gender, Sect and Class in Northern Ireland, Eilish Rooney 9. Minority Politics in Korea: Disability, Interraciality, and Gender, Eunjung Kim 10. Migrant Women Destabilising Borders: Citizenship Debates in Ireland, Siobhan Mullally Part 4: Alternative Pathways 11. Structural Injustice and the Politics of Difference, Iris Marion Young 12. Intersectional Travel Through Everyday Utopias: The Difference Sexual and Economic Dynamics Make, Davina Cooper 13. Imagining Alternative Universalisms: Intersectionality and the Limits of Liberal Discourse, Lakshmi Arya 14. Theorising Intersectionality: Identities, Equality, and Ontology, Momin Rahman August 2008: 234 x 156: 400pp Hb: 978-0-415-43242-9: £85.00 Pb: 978-0-415-43243-6: £27.99 eBook: 978-0-203-89088-2

Edited by David Duffee, State University of New York, Albany, USA

Provocative and unorthodox, this is the first book in twenty years to address Foucault’s position on law. Engaging with neglected texts, as well as considering his relationship to other continental thinkers, the authors examine the claim the law was expelled from Foucault’s analysis of modernity.

Series: Criminology and Justice Studies Criminal Justice Theory is the first comprehensive volume on the theoretical foundations of criminal justice. The authors argue that theory in criminal justice is currently underdeveloped and inconsistently applied, especially in comparison to the role of theory in the study of crime itself. In the diverse range of essays included here, the authors and contributors integrate examples from the study of criminal justice systems, judicial decision-making, courtroom communities, and correctional systems, building the argument that students of criminal justice must not evaluate their discipline solely on the basis of the effectiveness of specific measures in reducing the crime rate. Rather, if they hope to improve the system, they must acquire a systematic knowledge of the causes behind the structures, policies, and practices of criminal justice. Selected Contents: 1. Criminal Justice, Criminology, and Criminal Justice Theory Part 1: The Nature, Method, and Boundaries of Criminal Justice Theory 2. Foundations of Criminal Justice Theory 3. Durkheim’s Comparative Method and Criminal Justice Theory 4. The Dominance of Crime and Neglect of Justice in Criminal Justice Theory Part 2: Theories of Policing 5. Explaining Police Organizations 6. Understanding Variety in Urban Community Policing Part 3: Individual and Community Level Theories of the Courts 7. Assessing Blameworthiness and Assigning Punishment 8. Courts and Communities Part 4: Testing Correctional Sector Theories: Two Examples 9. A Test of a Turnover Intent Model 10. Correctional Resources and the Structure of the Institutionalized Environment - Conclusion 11. Directions for Theory and Theorizing in Criminal Justice 2007: 229 x 152: 400pp Pb: 978-0-415-95480-8: £22.99

Selected Contents: Introduction: Beginnings 1. Orientations: Foucault and Law 2. Foucault's Other Law 3. Futures of Law March 2009: 276 x 219: 160pp Hb: 978-0-415-42453-0: £75.00 Pb: 978-0-415-42454-7: £18.99 A GlassHouse Book

Levinas, Law, Politics Edited by Marinos Diamantides, Birkbeck School of Law, UK In this volume, political theorists, philosophers and legal scholars critically engage with this idealization of Emmanuel Levinas ethics. The rebelliousness of Levinas thought is rediscovered here and used to challenge preconceptions of social, legal and individual responsibility. Selected Contents: Politics not Left to Itself: Recognition and Forgiveness in Levinas Philosophy. Levinas and Devotional Trauma. How Levinas Ethics is Compromised by his Lack of Reflection on his Politics and How it can be Salvaged. Transgressing Levinas. Levinas and the Limits of Political Theory. Hands that Give and Hands that Take: The Politics of the Other in Levinas. Levinas’ Silence. Here I Am: Illuminating and Delimiting Responsibility. The Right to Die and an Ethics of Death. Politics and Transcendence 2007: 234 x 156: 232pp Hb: 978-1-904385-61-5: £75.00 eBook: 978-0-203-94508-7 A GlassHouse Book

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LEGAL THEORY Law and Irresponsibility

COMING SOON

Punishment

On the Legitimation of Human Suffering

After Sovereignty

Thom Brooks, University of Newcastle, UK

Scott Veitch, University of Glasgow, UK

On the Question of Political Beginnings

’One of the most important texts in legal theory of the last decade. The public sphere demands that we combine, as effectively as possible, awareness of the inevitability of our limitations with the courage and realism of responsiveness. Veitch has taken us a great deal forward in the right direction. To ignore his work, to fail to build on his insights and warnings, would be to disavow the responsibility of scholarship.’ – Maksymilian Del Mar, Global Law Book, July 2008 Law is widely assumed to provide contemporary society with its most important means of organizing responsibility. Across a broad range of areas of social life – from the activities of states and citizens, to work, business and private relationships – it is understood that legal regulation plays a crucial role in defining and limiting responsibilities. But Law and Irresponsibility pursues the opposite view: it explores how law organizes irresponsibility. With a particular focus on large-scale harms – including extensive human rights violations, forms of colonialism, and environmental or nuclear devastation – this book analyzes the ways in which law legitimates human suffering by demonstrating how legal institutions operate as much to deflect responsibility for harms suffered as to acknowledge them. Drawing on a series of case studies, it shows not only how law facilitates the dispersal and disavowal of responsibility, but how it does so in consistent and patterned ways. Irresponsibility is organized, and its organization is traced here to the legal forms, and the social and political conditions, that sustain ‘our’ complicity in human suffering. This innovative and interdisciplinary book provides a radical challenge to conventional thinking about law and legal institutions. It will be of considerable interest to those working in law, political and legal theory, sociology and moral philosophy. Selected Contents: Introduction. The Disavowals of Legality. Social Structures and the Dispersal of Responsibilities. The Laws of Irresponsibility. Legalising Global Disaster. Complicity in Organised Irresponsibility. Conclusion 2007: 234 x 156: 168pp Hb: 978-0-415-44250-3: £85.00 Pb: 978-0-415-44251-0: £21.99 eBook: 978-0-203-94039-6

Edited by Charles Barbour, University of Alberta, Canada and George Pavlich, University of Alberta, Canada After Sovereignty addresses the vexed question of sovereignty in contemporary social, political, and legal theory. The emergence of international capital exceeding the borders of nation states, the continued expansion of a potentially endless ’war on terror’, the often predicted, but still uncertain establishment, of a new international American Empire, the proliferation of social and political struggles among stateless refugees, migrant workers, and partial citizens, the resurgence of religion as a dominant source of political identification among people all over the globe ñ these developments and others have thrown into crisis the modern concept of sovereignty, and the notions of statehood and citizenship that rest upon it. Drawing on classical sources and more avant garde speculations, the papers collected in After Sovereignty, and organised according to the three dominant contemporary attitudes towards sovereignty - Sovereignty Renewed; Sovereignty Rethought; Sovereignty Rejected - contribute to a resurgent interest in the problem of sovereignty in theoretical debates. They also provide a multitude of resources for the urgent, if necessarily fractured and diffuse, effort to reconfigure sovereignty today. June 2009: 234 x 156: 224pp Hb: 978-0-415-49041-2: £70.00 eBook: 978-0-203-88082-1 A GlassHouse Book

COMING SOON

Foucault’s Monsters The Challenge of Law

41

Punishment is an area of increasing importance and concern for both citizens and politicians. How do we decide what should be crimes? How do we decide when someone is responsible for a crime? What should we do with criminals? These are the main questions this introductory textbook on the philosophy of punishment discusses. This is not only the first textbook to examine all major perspectives on punishment (including restorative justice, expressivist theories, and others for the first time), but also looks at several case studies (capital punishment, juvenile offenders, domestic abuse, and sexual crimes) and how these theories grapple with them. Punishment is aimed at those approaching the topic for the first time, although also appropriate to those already working in the field. In addition to further readings offered in each chapter, there will be an extensive bibliography at the conclusion listing all the major works in the field which itself may be a valuable resource to beginners and more advanced readers alike. An ideal starting point for undergraduate students of Law, Criminology, and Philosophy. Selected Contents: Introduction Part 1: General Theories 1. Retributivism 2. Deterrence 3. Rehabilitation 4. Restorative Justice Part 2: Hybrid Theories 5. Rawls and Hart 6. Expressivist Theories 7. Idealist Theories Part 3: Case Studies 8. Capital Punishment 9. Juvenile Offenders 10. Domestic Abuse 11. Sexual Crimes. Conclusion March 2009: 234 x 156: 284pp Pb: 978-0-415-43182-8: £21.99

Andrew Neville Sharpe, University of Keele, UK This book considers the legal category monster from theoretical and historical perspectives and deploys this category in order to understand contemporary anxieties surrounding transsexuals, conjoined twins and transgenic humans. Selected Contents: 1. Introducing Law’s Monsters Part 1: History/Theory/Monsters 2. Conceptual Frameworks 3. Foucault’s Monsters: Bestial Humans-Conjoined Twins-HermaphroditesAbnormal Humans 4. A Common Law History of Monsters Part 2: Contemporary Monsters: Law, Nature & Normalisation 5. Changing Sex: The Problem of Transsexuality 6. Sharing Bodies: The Problem of Conjoined Twins 7. Splicing Genes: The Problem of Transgenic Humans 8. Conclusions November 2009: 234 x 156: 192pp Hb: 978-0-415-43031-9: £70.00 A GlassHouse Book

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42

LEGAL THEORY

Risk and the Law

Sovereignty, Knowledge, Law

COMING SOON

Edited by Gordon Woodman, University of Birmingham, UK and Diethelm Klippel, University of Bayreuth, Germany

Heterocephaly

Understanding Law and Society

Panu Minkkinen, University of Leicester, UK

Max Travers, University of Tasmania, Australia

Sovereignty, Knowledge, Law investigates and problematises the notion of sovereignty from three different, but related perspectives: as a legal question in relation to the sovereign state, as a political question in relation to sovereign power, and as a metaphysical question in relation to sovereign self-knowledge. The varied and interchangeable uses of legal sovereignty, political sovereignty and metaphysical sovereignty in contemporary debates have resulted in a situation where the word itself has become something of a non-concept. Panu Minkkinen shows here how these three perspectives have informed one another, by addressing their shared relationship to law, and to the ’autocephalous’ function of sovereignty; that is, the attempt to provide a single source and foundation for law, power, and self-knowledge. Through an effort to domesticate the intrinsically ’heterocephalous’ nature of power, the juridical and jurispruidential aim has been to confine power within the closed vertical hierarchy of traditional legal thinking. Sovereignty, Knowledge, Law thus exposes this heterocephaly, proposing a new understanding of sovereignty, as well as of law and of legal scholarship.

This textbook on the sociology of law is organised according to the theoretical traditions of sociology, and oriented towards providing an accessible, but sophisticated, introduction to, and overview of, the central themes, problems and debates in this field. The book employs an international range of examples - including the state, minority rights, terrorism, family violence, online fraud, child pornography, religious tolerance, and euthanasia - in order to distinguish a sociological approach to law from ’black-letter’, jurisprudential and empirical policyoriented traditions. Beginning with ’classical’, ’consensus’ and ’critical’ sociological approaches, the book then covers the full range of contemporary perspectives; with chapters on feminism, the interpretive tradition, postmodernism and globalisation, before concluding with a consideration of current theoretical issues, as well as a reflection upon the importance of a sociological approach to law.

This volume brings together international experts to examine the implications in practice of the modern concept of risk in particular legal fields. The papers question how the law can accommodate, manage, and reduce the extent of risk, a matter of pressing importance for the development of law in all jurisdictions. Selected Contents: 1. Law and Risk: An Introduction Public Law and Criminal Law 2. Risk Decisions in German Constitutional and Administrative Law 3. The Problem of De-Individualisation in the Risk Society 4. Risk Decisions in Cases of Persisting Scientific Uncertainty: The Precautionary Principle in European Food Law 5. Risk and Criminal Law Private Law 6. The Assumption of Risk 7. Risk and Predictability in English Common Law 8. Transfer of Property and Risk of Loss in French, English, and German Law 9. Transit Risks in CIF Contracts – Meaning and Categories 10. Costs and Risk: Recent Developments in the English Law of Costs Employment and Social Security 11. The Risk of Sickness in German Labour and Social Insurance Law 12. ‘The Butcher’s Cart and the Postman’s Bicycle’: Risk and Employers’ Liability 13. The Limits of Individualisation in the Risk Society: Social Security in the Customary Laws of Immigrant Communities August 2008: 234 x 156: 224pp Hb: 978-0-415-47149-7: £65.00 eBook: 978-0-203-89129-2 A GlassHouse Book

Selected Contents: Introduction Part 1: Legal Sovereignty 1. Sovereignty and the Law 2. Sovereignty and the State 3. Sovereignty and Knowledge Part 2: Political Sovereignty 4. Sovereignty and Responsibility 5. Sovereignty and Governmentality 6. Sovereignty and Constitutive Power Part 3: Metaphysical Sovereignty 7. Sovereignty and the Master 8. Sovereignty and Non-Knowledge 9. Sovereignty and Jouissance. April 2009: 234 x 156: 176pp Hb: 978-0-415-47241-8: £70.00

Selected Contents: Introduction. Classical Approaches. Consensus Traditions. Critical Perspectives. Feminism and Law. The Interpretive Tradition. Postmodernism and Difference. Legal Pluralism and Globalisation. Conclusion October 2009: 234 x 156: 240pp Hb: 978-0-415-43032-6: £85.00 Pb: 978-0-415-43033-3: £28.99 A GlassHouse Book

A GlassHouse Book

Related Titles The Currency of Justice (see page 13) Human Rights and Empire (see page 20) The Making of a European Constitution (see page 17) Visions of Violence (see page 15) Law, Antisemitism and the Holocaust (see page 38)

More on Legal Theory ISBN

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978-1-904385-25-7

Law, Text, Terror

Peter Goodrich & Lior Barshack

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The Modern Cy-près Doctrine

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LEGAL THEORY

Nomikoi Critical Legal Thinkers Series

Judith Butler: Ethics, Law, Politics

Evgeny Pashukanis

Elena Loizidou, Birkbeck School of Law, UK

Michael Head, University of Western Sydney, Australia

The first to use Judith Butler’s work as a reading of how the legal subject is formed, this book traces how Butler comes to the themes of ethics, law and politics; analyzing their interrelation and explaining how they relate to Butler’s question of how people can have more liveable and viable lives.

Edited by Peter Goodrich, Cardozo School of Law, New York and David Seymour, Lancaster University, UK This series presents analyses of key critical theorists who have written on law and contributed significantly to the development of the new interdisciplinary legal studies. Addressing those who have most influenced legal thought and thought about law, this series brings legal scholarship, the social sciences and the humanities into a closer dialogue.

FORTHCOMING IN 2010

Henri Lefebvre Critical Legal Studies and the Politics of Space

Selected Contents: Introduction: Gender Performativity as Method. Troubling Ethics: The Subject. Double Law. The Body and Political Potential. Butler’s Reception 2007: 234 x 156: 200pp Hb: 978-1-904385-45-5: £90.00 Pb: 978-0-415-42041-9: £28.99 eBook: 978-0-203-94518-6 A GlassHouse Book

Chris Butler While certain aspects of Lefebvre’s writings have been examined extensively during the last three decades within the disciplines of geography, cultural studies, sociology, urban planning and social theory, there has been no comprehensive consideration of his work within legal studies. Henri Lefebvre: Critical Legal Studies and the Politics of Space provides the first detailed analysis of the relevance and importance of the social theory of Henri Lefebvre for the study of law and the administrative state. Introducing Lefebvre to a legal audience, this book begins by surveying the importance of Lefebvre’s work within the social sciences, and outlining the ways in which it can inform both critical legal theory and other areas of critical legal studies, such as the emerging field of critical legal geography. Key themes that run through Lefebvre’s oeuvre are then considered in some detail, including his unorthodox, humanist approach to Marxist theory, his sociological and methodological work on everyday life, his theory of the production of space, his contribution to state theory and his concept of the ’right to the city’. Drawing on political struggles which surround the production of space, Lefebvre’s theoretical categories, Chris Butler argues, suggest a new way for critical legal scholarship to conceptualise law: as a central component in the relationship between state power and the inhabitance of space. The elements of Lefebvre’s work thus offer not only an important perspective on how urban governance and public administration have been transformed by fundamental shifts in the architecture of the state, but also an opportunity to examine how this transformation contains the possibility of new forms of spatial citizenship.

Niklas Luhmann: Law, Society, Justice Andreas Philippopoulos-Mihalopoulos, University of Westminster, London, UK This is the first book to consider German sociologist Niklas Luhmann’s social theory in a critical legal context. His theory is introduced here both in terms of society at large and the legal system specifically, and the book reveals the aporetic structure of autopoiesis, aligning it with postmodern approaches to law. Readers will find it operates both as an introduction to the relevance of Luhmann’s social theory for law, as well as a critical response to autopoiesis. April 2009: 234 x 156: 208pp Hb: 978-0-415-45108-6: £80.00 A GlassHouse Book

43

A Critical Reappraisal

A thorough examination of Pashukanis’ writings, this book is a significant contribution to a proper assessment of Pashukanis’ work, the value of his theoretical legacy and the contemporary relevance of Marxist legal theory. Interest in the best-known Soviet legal scholar, Evgeny Pashukanis, remains widespread and his work retains considerable relevance. His writings provide a rich source of material on the Marxist theory of law and the state, as well as the attempts to apply that doctrine in Soviet Russia. In this book, Michael Head considers Pashukanis’ work both within its historical context and in relation to contemporary legal theory, answering a range of questions including: • How and why did Pashukanis emerge as the pre-eminent Soviet jurist from 1924 to 1930? • Why did he come under only minor criticism from 1930 to 1936 and then be denounced and executed in 1937 as a ’Trotskyite saboteur’? • Why have many Western scholars generally praised the quality and originality of Pashukanis’ work, yet also drawn the conclusion that his fate illustrates the intrinsic impossibility of the entire communist project? Serving as an introduction to Pashukanis and Marxist legal theory and a timely contribution in light of the universal assault on civil liberties in the indefinite ’War on Terror’ and the constant escalation of ’law and order’ measures in Western societies, this volume is an invaluable resource for those interested in jurisprudence and critical thought. Selected Contents: Introduction: Pashukanis and the Challenge of Soviet Jurisprudence 1. The Marxist View of Law: Socialism, Democracy and the Withering Away of the State 2. The Dynamics of the Russian Revolution 3. The Passionate Legal Debates of Early Soviet Russia 4. The Rise and Fall of a Soviet Jurist: Evgeny Pashukanis and Stalinism 5. Pashukanis’ Theoretical Contributions and Weaknesses 6. Was there an Alternative?: Pashukanis and the Opposition 7. How has Pashukanis been Treated by Western Theorists? 8. Is Pashukanis still Relevant? 9. Pashukanis’ Enduring Question: Can the State Wither Away? 2007: 234 x 156: 288pp Hb: 978-1-904385-76-9: £85.00 Pb: 978-1-904385-75-2: £27.99 eBook: 978-0-203-94526-1 A GlassHouse Book

March 2010: 234 x 156: 176pp Hb: 978-0-415-45967-9: £70.00 A GlassHouse Book

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44

LEGAL THEORY

Birkbeck Law Press

COMING SOON

Giorgio Agamben Power, Law and the Uses of Criticism Thanos Zartaloudis, Birkbeck, University of London, UK This book provides a thorough introduction to, and engagement with, the jurisprudential, political and philosophical thought of the influential Italian philosopher Giorgio Agamben. Critically introducing Agamben’s work to both a readership in legal theory, and in the humanities and social sciences more generally, Zartaloudis takes up the three main themes of Agamben’s recent work: Power (in its relation to bio-politics, capitalism, social systems, control and political theory); Law (in its relation to philosophy, violence, rights, states of exception and sovereignty); and Humanity (in its relation to theories of ethics, the idea of the human, human rights discourse and the condition of refugees). Zartoloudis argues, however, that an adequate understanding of Agamben’s work in these more political areas requires an attention to his earlier philosophical writings on language, power and time. It is, then, an introduction to, and discussion of, these themes that takes up the second part of this book; through which, in conclusion, the author describes a distinctly Agambenian account of the relationship between justice and critique. October 2009: 234 x 156: 224pp Hb: 978-0-415-44022-6: £70.00 A GlassHouse Book

Birkbeck Law School has been recognised as an international centre of research excellence, specialising in legal theory and theoretically informed socio-legal research and pioneering critical approaches to scholarship. Birkbeck Law Press aims to develop a distinct publishing profile by addressing the legal challenges of late modernity. Globalisation and the move towards universal legal values, which should respect cultural specificities and local conditions, has created the urgent need for greater dialogue and understanding between the major schools of thought and legal systems in the world. Most legal publishing, driven by the needs of specialisation and the state-based nature of positive law, has not systematically addressed these concerns.

The Legality of Boxing A Punch Drunk Love? Jack Anderson, Queen’s University Belfast, UK The first book of its kind dedicated to an assessment of the legality of boxing, The Legality of Boxing: A Punch Drunk Love? assesses the legal response to prize fighting and undertakes a current analysis of the status of boxing in both criminal legal theory and practice.

The Eye of the Law

In this book, Anderson exposes boxing’s ’exemption’ from contemporary legal and social norms. Reviewing all aspects of boxing historical, legal, moral, ethical, philosophical, medical, racial and regulatory - he concludes that the supposition that boxing has a (consensual) immunity from the ordinary law of violence, based primarily on its social utility as a recognised sport, is not as robust as is usually assumed.

Two Essays on Legal History

It:

Michael Stolleis, University of Frankfurt, Germany and Director of the Max Planck Institute for Legal History, Frankfurt, Germany

• suggests that the sport is extremely vulnerable to prosecution and might in fact already be illegal under English criminal law

Written by the eminent German legal historian, Michael Stolleis, these two ‘Essays on Legal History’ offer an original and compelling history of the symbolism through which law is characterised as being ’above’ us. In ‘The Eye of the Law’, the history of this metaphor is followed from antiquity through to the present day: from the Greek Eye of Justice, the eye of the impartial judge of the Underworld, the Eye of God watching past, present and future, the Eye of the Prince, guiding his subjects, to the almighty Eye of the Law. While our belief in the law may have become brittle, nothing escapes what is now the Eye of Big Brother. ‘In the Name of the Law’ takes up the various formulas used to legitimate the decisions of the courts, from the times of absolutism over the 19th century until today. The speaker who speaks in the name of a higher being underlines his function: his authority comes from above. And it is ‘in the name of’ god, king, people, state, nation, or law, that a weak, earthly, justice receives its support.

• outlines the physical and financial exploitation suffered by individual boxers both inside and outside the ring, suggesting that standard boxing contracts are coercive thus illegal and that boxers do not give adequate levels of informed consent to participate

Birkbeck Law Press

• advocates a number of fundamental reforms, including possibly that the sport will have to consider banning blows to the head • proposes the creation of a national boxing commission in the US and a similar entity in the United Kingdom, which together would attempt to restore the credibility of a sport long know as the red-light district of sports administration. An excellent book, it is a must read for all those studying sports law, popular culture and the law and jurisprudence. Selected Contents: Introduction: The Opening Bell Boxing in its Historical and Social Context 1. The Legal Response to Prizefighting, 1820-1920 2. Developments in Boxing Since 1920 3. Boxing and the Law: A Current Analysis 4. The Physical and Psychological Dangers of Boxing 5. Philosophical and Ethical Considerations 6. Conclusion: The Final Round - Boxing on the Canvas? Birkbeck Law Press 2007: 234 x 156: 240pp Hb: 978-0-415-42932-0: £75.00 eBook: 978-0-203-94506-3

September 2008: 216 x 138: 96pp Hb: 978-0-415-47273-9: £75.00 Pb: 978-0-415-47274-6: £18.99 eBook: 978-0-203-88981-7

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LEGAL THEORY

COMING SOON

Being Against the World

The Four Lacanian Discourses

Human Rights or Citizenship?

Rebellion and Constitution

Or Turning Law Inside Out

Paulina Tambakaki, University of Westminster, UK

Oscar Guardiola-Rivera, Birkbeck, University of London, UK

Jeanne Lorraine Schroeder, Professor, Cardozo School of Law, New York, USA

This book questions whether the evident displacement of the concept of the citizen by human rights can lead us to a more equitable politics. In this respect, Paulina Tambakaki addresses and problematises the priority widely given to law (human rights) over democratic politics (citizenship). Drawing on Foucauldian and psychoanalytic accounts of rights, Tambakaki demonstrates that there are inherent limitations in the notion of human rights as legal rights, insofar as they are premised upon a naively consensual understanding of democratic politics. It is this understanding that Tambakaki challenges, as she offers a new, and ’agonistic’, conception of citizenship; as well as an emphatically political - rather than legal reconceptualisation of human rights. Selected Contents: Preface. Introduction: Agonism and the Citizenship-Human Rights Debate. The Problem with Citizenship. The Illusive Promise of Human Rights. Politics and Legalism. Back to Citizenship, an Agonistic Conception. and Human Rights? Birkbeck Law Press November 2009: 234 x 156: 192pp Hb: 978-0-415-48163-2: £70.00

The Other’s War

How can we save politics from the politician? How can we save ourselves? This book looks at the example of those who leave the city and break the social contract, rebellious exiles and freedom fighters escaping the wheel of necessity, and learns from them. Selected Contents: Introduction: Art, Politics and Infinite Critique 1. Archaic Objects 2. Uncanny Encounters 3. An Introduction to Fetishism (With a Plea for Materialism) 4. The Most Sublime of Fetishists 5. Let Us Make Love (And Listen To Death From Above): Notes on Psychoanalysis 6. The Love that Seeks No Other: Further Notes 7. Horror in Philosophy 8. Rip It Up and Start Again 9. Sex, Laws & Rock ‘n Roll: On Music as an Organising Principle 10. Guevara’s Choice: On Revolution as a Radical Organising Principle Birkbeck Law Press July 2008: 234 x 156: 304pp Hb: 978-0-415-45945-7: £85.00 Pb: 978-0-415-45946-4: £27.99 eBook: 978-0-203-93076-2

Recognition and the Violence of Ethics Tarik Kochi

Constitutions

The Other’s War is an intervention into a set of contemporary moral, legal and political debates over the legitimacy of acts of war and terrorism within the context of the so-called global war on terror.

Writing Nations, Reading Difference

Selected Contents: Introduction 1. A Critique of Just War 2. The Juridical Ordering of War 3. The Challenge of Morality 4. The Ethics of Recognition 5. A Politics of Violence 6. Developing a Theory of War 7. Judging War and Terror Birkbeck Law Press February 2009: 234 x 156: 288pp Hb: 978-0-415-48270-7: £70.00

Judith Pryor, Waitangi Tribunal, New Zealand Bringing a postcolonial perspective to UK constitutional debates and including a detailed and comparative engagement with the constitutions of Britain’s ex-colonies, this book is an original reflection upon the relationship between the ’written’ and the ’unwritten’ constitution.

This book proposes a taxonomy of jurisprudence and legal practice, based on the discourse theory of Jacques Lacan. In the anglophone academy, the positivist jurisprudence of H.L.A. Hart provides the most influential account of law. But just as positivism ignores the practice of law by lawyers, even within the academy, the majority of professors are also not pursuing Hart’s positivist project. Rather, they are engaged in policy-oriented scholarship that tries to explain law in terms of society’s collective goals - or in doctrinal legal scholarship - that does not try to describe what law is, or to supply justifications for it - but which examines the ’internal’ logic of law. Lacan’s discourse theory has the power to differentiate the various roles of the practicing lawyer and the legal scholar. It is also able to explain the striking lack of communication between diverse schools of legal scholarship and between legal academia and the legal profession. Although extremely influential in Europe and South America, Lacanian theory remains largely unexplored (in the English-speaking world) outside of the field of comparative literature. In taking up the jurisprudential ramifications of Lacan’s work, The Four Lacan Discourses thus constitutes an original contribution to current theoretical and practical understandings of law. Birkbeck Law Press June 2008: 234 x 156: 208pp Hb: 978-0-415-46482-6: £70.00 eBook: 978-0-203-89365-4

Birkbeck Law Press 2007: 234 x 156: 256pp Hb: 978-0-415-43192-7: £100.00 Pb: 978-0-415-43193-4: £29.99 eBook: 978-0-203-94063-1

Other titles from Birkbeck Law Press ISBN

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978-1-85941-987-8

Law and Sacrifice

Johan Van der Walt

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Beyond Transcendence in Law and Philosophy

Louis E. Wolcher

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45

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Sovereignty and its Discontents

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46

LEGAL THEORY Absent Environments

Law, Science and Society Series

Theorising Environmental Law and the City Andreas Philippopoulos-Mihalopoulos, University of Westminster, London, UK

Edited by: John Paterson, University of Aberdeen, UK and Julian Webb, University of Warwick, UK Traditionally, the role of law has been to implement political decisions concerning the relationship between science and society. Increasingly, however, as our understanding of the complex dynamic between law, science and society deepens, this instrumental characterisation is seen to be inadequate, but as yet we have only a limited conception of what might take its place. In short, there is a need for new research and scholarship, and it is to that need that this series responds.

Uncertain Risks Regulated Michelle Everson, Birkbeck College, University of London, UK and Ellen Vos, Maastricht University, the Netherlands In the modern world, policy-makers, industry and its regulators are increasingly required to take decisions in the face of unknowable or indeterminate risks. This book compares various models of risk regulation, examining national, EU and international (WTO) regulatory systems for food safety and genetically modified organisms. Selected Contents: 1. Introduction: The Precautionary Principle in the Regulation of Uncertain Risks; L. Fisher Part 1: Regulatory Frameworks in Comparison 2. The French Regulatory System on Food; O. Borraz J. Besancon 3. The French Regulatory System on GMOs; C. Noiville 4. The Dutch Regulatory System on Food; B.v.d. Meulen 5. The Dutch Regulatory System on GMOs; H. Somsen 6. The UK regulatory System on Food; H. Rothstein 7. The UK Regulatory System on GMOs; M. Lee 8. The Polish Regulatory System on Food; A. Surdej 9. The Polish Regulatory System on GMOs; P. Dabrowska 10. The US Regulatory System on Food; V. Walker 11. The US Regulatory System on GMOs; M. Rodemeyer 12. The EU Regulatory System on Food; E. Vos 13. The EU Regulatory System on GMOs; G. Shaffer 14. WTO, Impact on Good and GMOSs; J. Scott 15. Non-Binding Standards: Codex Alimentarius; M. Matthee Part 2: Improving Legitimacy Credibility of Risk Regulation 16. Regulatory Agencies as Risk Regulators: The Case of the FSA; C. Baynton 17. The Role of Scientific Experts in Risk Regulation; H. Kuiper 18. Rethinking the Role of Scientific Advice in Uncertain Risk Regulation; M.v. Asselt E. Vos 19. Transparency and Accountability of Risk Regulation; M. Everson 20. Risk Regulation through Standardisation; H. Schepel 21. Innovative Models for Inclusive Risk Governance; A. Klinke 22. Participation and Uncertain Risks; B. Wynne 23. The Deliberative Model of Risk Governance; C. Joerges December 2008: 234 x 156: 416pp Hb: 978-1-84472-162-7: £80.00 eBook: 978-0-203-88485-0

Offering a novel, transdisciplinary approach to environmental law, its principles, mechanics and context, as tested in its application to the urban environment, this book traces the conceptual and material absence of communication between the human and the natural and controversially includes such an absence within a system of law and a system of geography which effectively remain closed to environmental considerations. The book looks at Niklas Luhmann’s theory of autopoiesis. Introducing the key concepts and operations, contextualizing them and opening them up to critical analysis. Indeed, in contrast to most discussions on autopoiesis, it proposes a radically different reading of the theory, in line with critical legal, political, sociological, urban and ecological theories, while drawing from writings by Husserl and Derrida, as well as Latour, Blanchot, Haraway, Agamben and Nancy. It explores a range of topics in the areas of environmental law and urban geography, including: • environmental risk, environmental rights, the precautionary principle, intergenerational equity and urban waste • discourses on community, nature, science and identity. The author redefines the traditional foundations of environmental law and urban geography and suggests a radical way of dealing with scientific ignorance, cultural differences and environmental degradation within the perceived need for legal delivery of certainty. Selected Contents: 1. The Law: Closure and Environmental Law 2. The City: Utopia, Society and Reality 3. Links: Observation, Simulation, Essence 4. Risk: Future, Science and the Precautionary Principle 5. Boundary Selections: Community and Environmental Rights 6. Waste: Openness, Memory and Forgetting 2007: 234 x 156: 272pp Hb: 978-1-84472-154-2: £75.00 eBook: 978-0-203-94530-8 A GlassHouse Book

Discourses of Law Edited by Peter Goodrich, Arthur Jacobson and Michel Rosenfeld, Cardozo School of Law, New York, USA This successful and exciting series seeks to publish the most innovative scholarship at the intersection of law, philosophy and social theory. The books published in the series are distinctive by virtue of exploring the boundaries of legal thought. The work that this series seeks to promote is marked most strongly by the drive to open up new perspectives on the relation between law and other disciplines. The series has also been unique in its commitment to international and comparative perspectives upon an increasingly global legal order. Of particular interest in a contemporary context, the series has concentrated upon the introduction and translation of continental traditions of theory and law.

Endowed Regulating the Male Sexed Body Michael Thomson, Keele University, UK Spanning topics such as male circumcision and the regulation of state access to Viagra, this book uncovers recurring motifs that define masculinity and the male body in the legal imagination. In looking to these understandings the book engages with broader questions regarding the relationship between law and gender and masculinity and social organization. Selected Contents: 1. Masculinity, Reproductivity and Law 2. Short Changed?: The Law and Ethics of Male Circumcision 3. Reproductivity, the Workplace and the Gendering of the Body (Politic) 4. Viagra Nation: Sex and Prescribing Familial Masculinity 5. Regulating (for) Sperm Donor Identity 6. A Question of Sex?: Sport, the Healthy Body and Masculinity 7. Conclusions: Perverse Fantasy and Bodily Possibility 2007: 229 x 152: 208pp Hb: 978-0-415-95060-2: £75.00 Pb: 978-0-415-95061-9: £18.99 eBook: 978-0-203-94088-4

A GlassHouse Book

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LEGAL THEORY Law, Orientalism and Postcolonialism

COMING SOON

COMING SOON

Crime Scenes

Novel Judgments

The Jurisdiction of the Lotus-Eaters

Forensics and Aesthetics

Legal Theory and Nineteenth Century Prose Fiction

Piyel Haldar, Birkbeck, University of London, UK Focusing on the ‘problem’ of pleasure Law, Orientalism and Postcolonialism uncovers the organizing principles by which the legal subject was colonized. That occidental law was complicit in colonial expansion is obvious. What remains to be addressed, however, is the manner in which law and legal discourse sought to colonize individual subjects as subjects of law. It was through the permission of pleasure that modern Western subjects were refined and domesticated. Legally sanctioned outlets for private and social enjoyment instilled and continue to instil within the individual tight self-control over behaviour. There are, however, states of behaviour considered to be repugnant to, and in excess of, modern codes of civility. Drawing on a broad range of literature, (including classical jurisprudence, eighteenth century Orientalist scholarship, early travel literature, and nineteenth century debates surrounding the rule of law), yet concentrating on the experience of British India, the argument here is that such excesses were deemed to be an Oriental phenomenon. Through the encounter with the Orient and with the fantasy of its excess, Piyel Haldar concludes, the relationship between the subject and the law was transformed, and must therefore be re-assessed. Selected Contents: 1. Introduction: The Colonization of the Legal Subject 2. Plato and Orientalism 3. The Sultan’s Enjoyment 4. Envy and Subjectivity in Orientalism 5. Ex Oriente Lex: Orientalism and the Colonisation of Sublime Enjoyment 6. Anglican Pleasures in the Orient: Staging the Rule of Law 7. Conclusion: Dust is Miscarried 2007: 234 x 156: 200pp Hb: 978-0-415-96223-0: £75.00 Pb: 978-0-415-96224-7: £21.99 eBook: 978-0-203-93792-1

Rebecca Scott Bray, University of Sydney, Australia Focusing upon the representations that take place in law, forensic medicine, criminology and culture, Crime Scenes examines the ways in which knowledge about crime, death and the dead body is produced. Forensic and medico-legal practices are charged with ’handling’ the dead (who cannot speak for themselves) and do so primarily by making injurious events visible so that the law might pass judgment. The image is thus a key site for interpreting and reconstructing the past in legal discourse. Arguing that the images (photographic images, autopsy pictures, legal testimonies) and the narratives generated through their production are the prisms through which crime and death are seen and comprehended within law, Crime Scenes explores the tension exhibited by images, as both evidential and imaginative products. Key forensic and legal spaces – such as the crime scene, the mortuary and the courtroom – as well as key methods of representing crime and death – police photography, mortuary photography and the autopsy, and legal testimony – are considered in relation to the non-legal use of historical forensic photographs, the broader cultural fascination with such images, and the canon of mortuary art quarried from medico-legal domains. The formal ’forensic’ image, it is argued, is a site of conjecture. And its various aspects are elucidated here through an examination of the creation and the exhibition of forensic images, and the trouble that emerges when discursive boundaries - such as those between law and art - begin to haemorrhage. Selected Contents: 1. Introduction 2. A History of Law’s Life with the Corpse 3. Picturing Crime and Police Photography: In Love with Law’s Images 4. Truancy: The Cultural Life of Legal Pictures 5. Letters from the Dead House: Forensic Pathology and the Mortuary 6. The Trouble with Testimony 7. Law’s Lacunae 8. The Aesthetic Life of Law’s Corpses 9. Conclusion August 2009: 234 x 156: 240pp Hb: 978-0-415-48390-2: £75.00 Pb: 978-0-415-48391-9: £21.99 eBook: 978-0-203-09139-5

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William Macneil, Griffith University, Australia Novel Judgments addresses the ways in which jurisprudential ideas and themes are embedded and explored within nineteenth century AngloAmerican prose fiction. The nineteenth century is the crucible of the ’juridical imaginary’: that is, of the jurisprudential ideas and concepts which inform the law to this day. The novel not only participates actively in the construction of this juridical imaginary, devising memorable tropes and figures of law and its theory, it goes even further: providing a critique of that construction which points the reader towards a new juridical imaginary, one which may reimagine, for example, the ’command of the sovereign’ (Pride and Prejudice), the ethics of law (Ivanhoe), or the ’rights of (wo)man’ (Frankenstein). As dramatisations of the principal issues and movements of nineteenth century legal theory, these novels may therefore be read jurisprudentially. For, as William Macneil demonstrates, they make novel judgments about legal theory - judgments which not only finds it wanting, but which also carry with them a potential for transforming a juridical imaginary that is still with us. Selected Contents: 1. Capitalism’s Courtly Love: The Novel’s Allegory of Law 2. John Austin or Jane Austen? The Province of Jurisprudence Determined in Pride and Prejudice 3. Usury, the Jew and the Origins of Capital: Ivanhoe and the Desacralisation of the Law 4. The Monstrous Body of the Law: Wollstonecraft vs. Shelley 5. The Common Law’s Sublime Object of Ideology: Equity and the Dispatch of the Feminine in Bleak House 6. A Tale of Two Trials: Revolutionary Enjoyment, Liberal Legalism and the Sacrifice of Critique in A Tale of Two Cities 7. Beyond Governmentality: Retributive, Distributive and Deconstructive Justice in Great Expectations 8. Jesuits and Jacobites: The Conundrums of Status and Contract in Henry Esmond 9. Hawthorne’s Haunted House of Law: The Romance of American Realism in The House of the Seven Gables 10. ’Lesser Breeds Without the Law ’: Law’s Empire in Lord Jim 11. A Jurisprudential Postscript: Century’s Close and the End of the Juridical Meta-Narrative? October 2009: 234 x 156: 224pp Hb: 978-0-415-45914-3: £75.00 Pb: 978-0-415-45915-0: £21.99 eBook: 978-0-203-93086-1

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LEGAL THEORY

MEDICAL ETHICS AND HEALTHCARE LAW

Identity of the Constitutional Subject

Biomedical Law & Ethics Library Series

Selfhood, Citizenship, Culture and Community Michel Rosenfeld, Cardozo School of Law, USA

Winner of the Society of Authors/RSM Minty Prize 2008

Assisted Dying Reflections on the Need for Law Reform

FORTHCOMING IN 2010

Sheila McLean, University of Glasgow, UK

The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitution regimes, ranging from the older experiences in the United States and France to the relatively recent one in Germany and Spain, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity citizenship, nationalism, multiculturalism, and human rights are important examples.

Birth, Harm and the Role of Distributive Justice

Identity of the Constitutional Subject is the first systematic analysis of the concept and will be of interest to students and scholars of law, political science, international relations and US politics.

Selected Contents: 1. Introduction 2. Wrongful life claims 3. Wrongful Pregnancy and Wrongful Birth 4. A question of harm 5. The Use of Distributive Justice 6. Other policy arguments 7. Comparison of the three claims and the coherence and consistency of the law in Scotland and England 8. Conclusions February 2010: 234 x 156: 220pp Hb: 978-0-415-46535-9: £70.00

Assisted Dying explores the law relating to euthanasia and assisted suicide, tracing its development from prohibition through to the laissez faire attitude adopted in a number of countries in the 21st Century. This book provides an in-depth critique of the arguments surrounding legislative control of such practices and particularly looks into the regulatory role of the state. In the classical tradition of libertarianism, the state is generally presumed to have a remit to intervene where an individual’s actions threaten another, rather than harm the individuals themselves. This arguably leaves a question mark over the state’s determined intervention, in the UK and elsewhere, into the private and highly personal choices of individuals to die rather than live. The perceived role of the state in safeguarding the moral values of the community and the need for third party involvement in assisted suicide and euthanasia could be thought to raise these practices to a different level. These considerations may be in direct conflict with the so called right to die espoused by some individuals and groups within the community. However this book will argue that the state’s interests are and should be second to the interests that the people themselves have in choosing their own death.

Selected Contents: Part 1: Why Constitutional Identity? 1. Introduction: The Elusive Identity of the Constitutional Subject 2. The Ideal of Constitutionalism: Reconciling Self and Other through Democracy, Rights, and the Rule of Law 3. Constitutionalism versus Constitutions 4. "We the People" Confront the Gap Between Constitution and Constitution and Constitutionalism Part 2: The Call for Constitutional Identity 5. Tracing Constitutional Identity within the Bounds of Constitutional Interpretation: The Case of the Reinvention of Tradition in the Elaboration of Privacy Rights Under the U.S. Constitution 6. Constitutional Identity as Substance Process Part 3: Constitutional Identity as Bridge Between Self and Other 7. Constitution Making and Indemnity Building 8. Four Constitutional Models 9. The Role of Constitutional Identity in the Deployment of Structural Constrains 10. Constitutional Identity in the Face of Differences: The Case of Constitutional Equality 11. Confronting Pluralism: Balancing Freedom with the Need for Identity 12. Shaping the Constitutional Subject to Encompass Self and Other 13. Conclusion June 2009: 234x156: 256pp Hb: 978-0-415-94973-6: £75.00 Pb: 978-0-415-94974-3: £21.99

Burdens, Blessings, Need and Desert Alasdair Maclean, University of Dundee, UK Looking at the issue of harm in relation to wrongful birth, life and pregnancy claims, this book goes on to investigate the issues of harm and the relationship between distributive justice and corrective justice, exploring the implications for tort theory more generally.

COMING SOON

Autonomy, Consent and the Law Sheila McLean, University of Glasgow, UK The notion that consent based on the concept of autonomy, underpins a good or beneficent medical intervention is deeply rooted in the jurisprudence of most countries throughout the world. Autonomy, Consent and the Law examines these notions in the UK, Australia and the US, and critiques the way in which autonomy and consent are treated in bioethics and law. Selected Contents: 1. Autonomy Introduced 2. Autonomy in Law 3. Consent and the Law 4. Autonomy and Pregnancy 5. Autonomy at the End of Life 6. Autonomy and Transplantation 7. Autonomy and Genetics 8. Autonomy and Consent revisited July 2009: 234 x 156: 256pp Hb: 978-0-415-47339-2: £85.00 Pb: 978-0-415-47340-8: £27.99

Selected Contents: 1. An Outline of the Debate 2. An Evaluation of the Arguments For and Against Legalisation 3. Choosing Death 4. Choosing Death For Others 5. The United Kingdom Position 6. Is there a way forward? 7. Conclusion 2007: 234 x 156 Hb: 978-1-84472-055-2: £85.00 Pb: 978-1-84472-054-5: £27.99 eBook: 978-0-203-94047-1

The Body in Bioethics Alastair V. Campbell, National University of Singapore Thorough and comprehensive, this volume engages with recent debates about the uses and abuses of the human body, both living and dead. Selected Contents: 1. Why the Body Matters 2. My Body - Property, Commodity or Gift? 3. Body Futures 4. The Tissue Trove 5. The Branded Body 6. Gifts from the Dead 7. Together at Last March 2009: 234 x 156: 176pp Hb: 978-1-84472-057-6: £85.00 Pb: 978-1-84472-056-9: £27.99 eBook: 978-0-203-94041-9

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MEDICAL ETHICS AND HEALTHCARE LAW Bioethics and the Humanities

The Harm Paradox

Attitudes and Perceptions

Tort Law and the Unwanted Child in an Era of Choice

Robin Downie, University of Glasgow, UK and Jane Macnaughton, University of Durham, UK Critiquing many areas of medical practice and research whilst making constructive suggestions about medical education, this book extends the scope of medical ethics beyond sole concern with regulation. Selected Contents: Introduction Part 1: Bioethics and the Humanities 1. Bioethics and the Medical Humanities Part 2: Medical Humanities: The Critical Function of Philosophy 2. Moral Philosophy and Bioethics 3. Logic and Epistemology 4. Political Philosophy and Bioethics 5. Medical Half Truths Part 3: Medical Humanities: The Supplementary Function of Literature and the Arts 6. Literature and the Ethical Perspective 7. Arts in Health 8. Teaching and Research Part 4: General Conclusions 9. A Humanistic Broadening of Bioethics 2007: 234 x 156: 208pp Hb: 978-1-84472-053-8: £90.00 Pb: 978-1-84472-052-1: £27.99 eBook: 978-0-203-94502-5

COMING SOON

Healthcare Research Ethics and Law Regulation, Review and Responsibility Hazel Biggs, University of Lancaster, UK This book explores and explains the relationship between law and ethics in the context of medically related research in order to provide a practical guide to understanding for members of research ethics committees, professionals involved with medical research and those with an academic interest in the subject. Selected Contents: 1. Introduction Part 1 2. Brief History of Research Ethics 3. Research Ethics in Theory & Practice 4. Legal Liabilities of RECs 5. Consent 6. Confidentiality Issues in Research Part 2: Specialist Concerns 7. Vulnerable Groups 8. Human Tissue & Genetics 9. Fraud & Misconduct 10. Conclusions and Thorny Issues May 2009: 234 x 156: 256pp Hb: 978-1-904385-48-6: £85.00 Pb: 978-0-415-42917-7: £25.99 eBook: 978-0-203-94040-2

Nicolette Priaulx, University of Cardiff, UK Offering the first comprehensive theoretical engagement with actions for wrongful conception and birth, The Harm Paradox provides readers with an insightful critique into the concepts of choice, responsibility and personhood. Raising fundamental questions relating to birth, abortion, family planning and disability, Priaulx challenges the law’s response that enforced parenthood is a harmless outcome and examines the concept of autonomy, gender and women’s reproductive freedom. It explores a wealth of questions, including: • Can a healthy child resulting from negligence in family planning procedures constitute ‘harm’ sounding in damages, when so many see its birth as a blessing? • Can a pregnancy constitute an ‘injury’ when many women choose that very event? • Are parents really harmed, when they choose to keep their much loved but ‘unwanted child’? • Why don’t women seek an abortion if the consequences of pregnancy are seen as harmful? An exciting and original contribution to the fields of medical law and ethics, tort law and feminist jurisprudence, this is an excellent resource for both students and practitioners.

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Euthanasia, Ethics and the Law From Conflict to Compromise Richard Huxtable, University of Bristol, UK Euthanasia, Ethics and the Law argues that the law governing the ending of life in England and Wales is unclear, confused and often contradictory. It shows that the rules are in competition because the ethical principles underlying them are so diverse and conflicting. This book covers topics including the Diane Pretty litigation, Lord Joffe’s Assisted Dying for the Terminally Ill Bill, the advent of ’death tourism’ and the real status of involuntary and passive euthanasia in English law. Selected Contents: 1. Judging the End(ing) of Life: Conflict and Confusion 2. Not Pretty: ‘Mercy Killing’ in Legal Fact and Legal Fiction 3. Assisted Suicide in ‘the Shadowy Area of Mercy Killing’ 4. Get Out of Jail Free? Double Effect and Doctors in the Dock 5. Beyond Bland: Hedging Bets on the Value of Life? 6. Euthanasia and the Middle Ground: From Conflict to Compromise 2007: 234 x 156: 232pp Hb: 978-1-84472-105-4: £85.00 Pb: 978-1-84472-106-1: £27.99 eBook: 978-0-203-94044-0

The Best Interests of the Child in Healthcare Sarah Elliston, University of Glasgow, UK This volume provides an excellent re-evaluation of the ‘best interests’ test in the health-care arena; the ways it has developed, the inherent difficulties in its use and its interpretation in legal cases concerning the medical care of children.

Selected Contents: The Beginning of the Decline. Injured Bodies. Health, Disability and Harm. The Harm Paradox. Constructions of the Reasonable Woman. Reproductive Choice, Reproductive Reality. The Moral Domain of Autonomy 2007: 234 x 156: 224pp Hb: 978-1-84472-107-8: £90.00 Pb: 978-1-84472-108-5: £27.99 eBook: 978-0-203-94513-1

Selected Contents: 1. Introduction 2. Standards in Decision Making Concerning Children 3. Best Interests and Consent 4. Best Interests and Refusal 5. Best Interests between Children 6. Best Interests and Withholding/Withdrawing Treatment 7. Best Interests and Medical Research 8. Conclusions 2007: 234 x 156: 328pp Hb: 978-1-84472-043-9: £85.00 Pb: 978-1-84472-042-2: £27.99 eBook: 978-0-203-94046-4

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50

MEDICAL ETHICS AND HEALTHCARE LAW

Defending the Genetic Supermarket

Impairment and Disability Law and Ethics at the Beginning and End of Life

The Law and Ethics of Selecting the Next Generation Colin Gavaghan, University of Glasgow, UK The controversial topic of the technology of Pre-implantation Genetic Diagnosis, and the muddled approach to this subject adopted by the UK Parliament, is explored in detail in this volume. The author takes the viewpoint that the HFEA has taken insufficient notice to date of certain core ethical principles and makes the case for a much more ethically consistent and humane system than has been managed so far. Arguing that many of the fears and objections levied against Robert Nozick’s notion of the ‘Genetic Supermarket’ by disability activists, christian bioethicists and radical feminists, amongst others, are internally inconsistent, philosophically unsound or merely highly improbable, the author considers a number of individual policy decisions of the HFEA and addresses such questions as: • Can a case be made out for state involvement in such decisions? • Who stands to be harmed by a supermarket model? • Are any ethical principles or societal interests threatened by it? This book is an essential resource for law students of all levels and professionals working within or interested in medical and healthcare law and medical genetics. Selected Contents: The Attack on the Genetic Supermarket. Autonomy and Germinal Choice. Children of the Genetic Supermarket. Impossible Alternatives: Derek Parfit and the Non-identity Principle. Disability, Gender and the Threat to the Already Disadvantaged. Saviour Siblings and the ’Means-Ends’ Imperative. Justice and the Genetic Supermarket. Defending the Genetic Supermarket 2007: 234 x 156: 248pp Hb: 978-1-84472-059-0: £90.00 Pb: 978-1-84472-058-3: £27.99 eBook: 978-0-203-94499-8

Sheila McLean and Laura Williamson, both at University of Glasgow, UK This book explores legislation intended to protect the interests of people with disabilities or impairments. Considering a broad range of ethical and legal concerns which arise in issues of life, death and disability, it covers the social and legal responses to the equality rights of disabled people, focusing on those responses to: the right to life; the end of life; assisted suicide. This work engages with contemporary debates, examines case studies and explores the problems surrounding many legal concepts within the context of disability and impairment. The authors argue that it is crucial to distinguish between unjust discrimination and differential treatment and unify the disagreements surrounding the issues by highlighting ethical ideals that should be shared by all stakeholders in life and death decisions that impact on people with disabilities. Selected Contents: Life, Death, Disability and Impairment in Context. Conceptualizing Disability. Towards Ethical Cohesion. Decisions at the Beginning of Life. Decisions at the End of Life. Seeking Assistance in Dying. Conclusions 2007: 234 x 156: 216pp Hb: 978-1-84472-041-5: £90.00 Pb: 978-1-84472-040-8: £27.99 eBook: 978-0-203-94498-1

Intention and Causation in Medical Non-Killing The Impact of Criminal Law Concepts on Euthanasia and Assisted Suicide Glenys Williams, University of Wales Aberystwyth, UK Analyzing the criminal concepts of intention and causation in euthanasia, this book explores a range of disciplines and offers an alternative legal framework based on grading different categories of killing into a formalized justificatory defence. Selected Contents: The Concept of Intention. The Principle of Double Effect. Acts and Omissions. Causation. Is a Patient who Refuses Treatment Committing Suicide? Does a Doctor who Withdraws Treatment Assist in a Patient’s Suicide? Reforms and the Future 2006: 234 x 156: 248pp Hb: 978-1-84472-027-9: £90.00 Pb: 978-0-415-42302-1: £27.99 eBook: 978-0-203-94051-8

Medicine, Malpractice and Misapprehensions V.H. Harpwood, Cardiff Law School, UK There is now incontrovertible evidence that medical mistakes and mishaps occur in significant numbers every year. This book examines the uncertainty and some of the myths surrounding errors and claims in healthcare, and places the arguments surrounding the so-called compensation culture on a stronger statistical, and hence epistemological basis. Selected Contents: 1. Setting the Scene 2. The Role of the Media 3. Investigating Doctors 4. Major Restructuring in the NHS 5. Responses to Recent Public Inquiries 6. The Medical Litigation Problem 7. Regulatory Frameworks and Professional Discipline 8. Responses to Developing Technology 9. Major Legislative Changes 10. Changes in Society 11. The Impact on Doctors 12. Solutions 2007: 234 x 156: 240pp Hb: 978-0-415-42807-1: £85.00 Pb: 978-0-415-42809-5: £27.99 eBook: 978-0-203-94045-7

Human Fertilisation and Embryology Reproducing Regulation Edited by Kirsty Horsey, Kent University, UK and Hazel Biggs, University of Lancaster, UK Ideal for students, academics and practitioners, this text analyzes issues associated with assisted reproduction and embryology. Interdisciplinary in approach, it evaluates areas where there is debate and further/renewed regulation is needed. Selected Contents: 1. The Quest for a Perfect Child: How Far Should the Law Intervene? 2. Conceptions of Welfare 3. Rethinking the Pre-conception Welfare Principle 4. Paying Gamete Donors Does not Wrong the Future Child 5. Unforeseen Uses of Preimplantation Genetic Diagnosis: Ethical and Legal Issues 6. Equality of Access to NHS-funded IVF Treatment in England and Wales 7. Parenting Genetically Unrelated Children: A Comparison of Embryo Donation and Adoption 8. Unconsidered Inconsistencies: Parenthood and Assisted Conception 9. Beyond Genetic and Gestational Dualities: Surrogacy Agreements, Legal Parenthood and Choice in Family Formation 10. Beyond Health and Disability: Rethinking the ‘Foetal Abnormality’ Ground in Abortion Law 11. The Abortion Debate Today 2006: 234 x 156: 272pp Hb: 978-1-84472-091-0: £90.00 Pb: 978-1-84472-090-3: £27.99

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MEDICAL ETHICS AND HEALTHCARE LAW

51

Values in Medicine

COMING SOON

COMING SOON

What are We Really Doing to Patients?

Reproductive Ethics and the Law

Handbook of the Sociology of Medical Education

A Comparative Approach

Edited by Caragh Brosnan, University of Cambridge, UK and Bryan Stanley Turner, National University of Singapore

Donald Evans, University of Otago, New Zealand Written by a leading proponent of the philosophy and ethics of healthcare, this volume is filled with thought-provoking and frequently controversial ideas and arguments. Accessibly written, it provides readers with a timely contribution to the current literature on medical ethics, in which the concept of subjectivity is a key issue characterizing current medical humanities. Examining the critical assumption that scientifically-demonstrable facts will remove all uncertainty, the author argues that ethical dimensions of clinical practice do not always arise from undisputed facts, but that they are sometimes to be found at the level of the determinations of the facts themselves. Firmly placing the patient back on centre stage, without underestimating the crucial role which science plays in modern medicine, this volume is an excellent account of ethics and science in healthcare and their proper place in assessing and meeting people’s health needs. Selected Contents: 1. What are we Really Doing to Patients? 2. Radical Disagreement and Cultural Dissonance 3. Mystery in Surgery 4. Equitable Health Care 5. Is Infertility a Health Need? 6. The Child’s Interests in Assisted Reproduction 7. Qualifying as a Person 8. Are Animals our Equals? 9. Patients and Research 10. Ethics, Nanotechnologies and Health 11. Imagination and Medical Education 2007: 234 x 156 Hb: 978-0-415-42468-4: £85.00 Pb: 978-0-415-42469-1: £27.99 eBook: 978-0-203-94042-6

Samantha Halliday, University of Liverpool, UK Topical and contemporary, this book explores a number of current issues relating to reproduction. Critically analyzing medical ethics and the law in a variety of jurisdictions, it makes suggestions on reforming the law in the UK. Looking at the relationship between the law and medical ethics in a number of jurisdictions, including Germany, the US, France, the Republic of Ireland, Australia, the Netherlands and Belgium, the author examines: • embryo research • failed sterilization • the fertility of the incompetent • international initiatives, such as the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the application of biology and medicine. This is a valuable book for those studying law and medical healthcare law. Selected Contents: 1. Introduction: Reproductive Ethics, the Interests Involved and the Use of Law to Regulate Reproduction 2. Controlling the Fertility of the Incompetent (Considering the Law in England, Wales, Canada, Germany and the USA 3. Liability for Harm Caused by a Failed Sterilisation (Considering the law in England, Wales, France and the Netherlands) 4. Medically Assisted Reproduction (including a Discussion of the Law Relating to Saviour Siblings and Genetic Testing, Considering the Law in England and Wales, Italy and Germany) 5. Embryo Research (including Embryonic Stem Cell Research (Considering the Law in the UK, the Netherlands and Germany) 6. Abortion (Considering the Law in the UK, Germany, the Republic of Ireland and the USA) 7. Court Authorised Obstetric Intervention: Caesareans and Blood Transfusions (Considering the law in England, Wales and the USA) 9. Conclusions July 2009: 234 x 156: 350pp Hb: 978-1-85941-918-2: £85.00 Pb: 978-0-415-42303-8: £30.99

The Handbook of the Sociology of Medical Education provides a contemporary introduction to this classic area of sociology by examining the social origin and implications of the epistemological, organizational and demographic challenges facing medical education in the twenty-first century. Beginning with reflections on the historical and theoretical foundations of the sociology of medical education, the collection then focuses on current issues affecting medical students, the profession and the faculty, before exploring medical education in different national contexts. Leading sociologists analyze: the intersection of medical education and social structures such as gender, ethnicity and disability; the effect of changes in medical practice, such as the emergence of evidence-based medicine, on medical education; and the ongoing debates surrounding the form and content of medical curricula. By examining applied problems, within a framework which draws from social theorists such as Pierre Bourdieu, this new collection offers future directions for the sociological study of medical education and for medical education itself. Selected Contents: Introduction Part 1: Historical and Theoretical Perspectives Part 2: Key Issues: Medical Students and Medical Knowledge Part 3: Medical Education in National Contexts May 2009: 234 x 156: 324pp Hb: 978-0-415-46044-6: £85.00

Related Titles Health and the National Health Service (see page 55) The Right to Health (see page 21)

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52

RACE, ETHNICITY AND POST-COLONIALISM

Race, Law, and American Society

COMING SOON

1607-Present

Imperialism, Property and Insurgency in Mandate Palestine

A Discourse on Domination

Gloria J. Browne-Marshall, John Jay College of Criminal Justice, USA

Zeina Talitha Ghandour

Series: Criminology and Justice Studies In Race, Law, and American Society: 1607 to Present Gloria Browne-Marshall traces the history of racial discrimination in American law from colonial times to the present, analyzing the key court cases that established America’s racial system and showing their impact on American society. Throughout, she places advocates for freedom and equality at the center, moving from their struggle for physical freedom in the slavery era to more recent battles for equal rights and economic equality. From the colonial period to the present, this book examines education, property ownership, voting rights, criminal justice, and the military as well as internationalism and civil liberties. Race, Law, and American Society is highly accessible and thorough in its depiction of the role race has played, with the sanction of the U.S. Supreme Court, in shaping virtually every major American social institution. Selected Contents: Introduction 1. Overview of Race and the Law in America 2. Race and the Struggle for Educational Opportunity 3. Property Rights and Restrictions 4. Civil Liberties and Racial Justice: Protest, Assembly, Marriage 5. Voting Rights and Restrictions 6. Race and the Military 7. Race, Crime and Injustice 8. Race and Internationalism. Afterword 2007: 229 x 152: 432pp Pb: 978-0-415-95294-1: £21.99

’A Discourse on Domination is a major accomplishment. It will be read as avidly in cultural studies, anthropology, and literary criticism as it will be at the more imaginative edges of legal history, historical sociology and Middle Eastern Studies.’ – John Comaroff, University of Chicago, American Bar Association, USA Weaving together an insurgent reading of the archive with extraordinary oral testimonies, A Discourse of Domination offers a thoroughgoing critique of received histories, and the outline of a radically different narrative of the life and times of Palestine under British domination. Selected Contents: 1. Introduction: This is Not Ethnography i) Un-Writing Palestine ii) Interlude – Revealing the Source iii) Chapters 2. ’Through their Chiefs’: The Metanarrative of Imperial Rule in Africa and the East i) A Matter of Style: What is the Flavour of British Imperialism? ii) Three Men who Wrote about Themselves: The Genealogy of a Metanarrative iii) ’How Do You Like My Treaty?’ – The Metanarrative Emerges 3. ’Unmarked and Undivided’: Language, Law and Myth – How to Transform Aboriginal Landscape i) Some Bloodless Tools of Imperial Ascendancy ii) The Official Narrative: Versimilitude iii) Behind the Scenes: Violence iv) On the Ground: Veritas v) Stranger than Fiction 4. ’Between the Bazaar and the Bungalow’: A Rebellion Without Rebels i) Prelude ii) A Quick Chronology iii) We Strain to See iv) ’We Were Farmers’ 5. ’Raising of the Religious Cry’: How to Make Muslims, Moderates and Extremists Out of the Elite i) Bloody Murder ii) All the King’s Horses iii) Who are you Calling Muslim iv) Who is Afraid of Modernity? 6. The Last Word: The Unusual Suspects August 2009: 234 x 156: 208pp Hb: 978-0-415-48993-5: £70.00 eBook: 978-0-203-88084-5

Related Titles Law, Orientalism and Postcolonialism (see page 47) Intersectionallity and Beyond (see page 40) Colonial Criminology (see page 9)

More on Race, Ethnicity and Post-Colonialism ISBN

Title

Author/Editor

Binding

Pub Date

Price

978-1-904385-57-8

Racial, Ethnic and Homophobic Violence

Michel Prum, Bénédicte Deschamps and Marie-Claude Barbier

Hardback

2006

£47.00

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RELIGION

53

Law and Faith in a Sceptical Age

The Jewish Law Annual Volume 17

Anthony Bradney, University of Keele, UK

Edited by Berachyahu Lifshitz, The Hebrew University of Jerusalem, Israel

Religion, Politics and Law

Series: Jewish Law Annual

Edited by Jocelyne Cesari, Harvard University, USA

Law and Faith in a Sceptical Age is an analysis of the legal position of religious believers in a dominantly secular society. Great Britain is a society based upon broadly liberal principles. It claims to recognise the needs of religious believers and to protect them from discrimination. But whilst its secular ideology pervades public discourse, the vestigial remains of a Christian, Protestant past are seen in things as varied as the structure of public holidays and the continued existence of established churches in both England and Scotland. Religious, Christian values also form the starting point for legal rules relating to matters such as marriage. Active religious communities constitute a very small minority of the population; however, those who belong to them often see their religion as being the most important element of their identity. Yet the world-view of these communities is frequently at odds with both the prevailing liberal, secular climate of Great Britain and its Christian, Anglican past. This necessarily entails a clash of ideologies that puts in question the secular majority’s claim to want to protect religious minorities, the possibility of it being able to sufficiently understand the needs of those minorities and the desirability or practicality of any accommodation between the needs of the various religious communities and the secular mainstream of society. Law and Faith in a Sceptical Age addresses these issues by raising the question of whether a liberal, secular state can protect religion. Accommodation to different religious traditions forms part of the history of the legal systems of Britain. This book asks whether further accommodation can and should be made.

Volume Seventeen of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes one to sixteen of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law. Selected Contents: Part 1 1. Neria Guttel, It is Indeed in Heaven: The Uniqueness of the Laws of the Temple in the Halakhic Doctrine of Rabbi A. I. Kook 2. David Henshke, The Number of Judges in Ancient Israel 3. Leib Moscovitz, ’The Actions of a Minor are a Nullity’? Some Observations on the Legal Capacity of Minors in Rabbinic Lawm 4. Avinoam Rosenak, Prophecy and Halakha: Dialectic in the Meta-Halakhic Thought of Rabbi A.I. Kook 5. Haim Shapira, The Schools of Hillel and Shammai 6. Yuval Sinai, Judicial Authority in Fraudulent-Claim Cases (din merume) 7. Ronnie Warburg, Breach of a Promise to Marry Part 2 8. Daniel B. Sinclair, Jewish Law in the State of Israel 8.1 The Constitutional Validity of the Sabbath Observance Law 8.2 Terminally Ill Patient Law, 5766–2005 Part 3 Book reviews of Aviad Hacohen, The Tears of The Oppressed, An Examination of the Agunah Problem: Background and Halachic Sources, Bernard Jackson, Avishalom Westreich March 2008: 234 x 156: 328pp Hb: 978-0-415-45723-1: £70.00 eBook: 978-0-203-92976-6

Selected Contents: Introduction 1. Religious Communities in a Secular Society 2. Protecting Religiosity, Religion and Religious Communities 3. The Established Churches 4. Incitement to Religious Hatred 5. Families and Laws 6. Education 7. Law and Religion: A New Concordat? January 2009: 234 x 156: 192pp Hb: 978-1-904385-73-8: £70.00 A GlassHouse Book

COMING SOON

Muslims in the West after 9/11

Series: Routledge Studies in Liberty and Security Since 9/11, and particularly since the Madrid and London bombings of 2004 and 2005, the Muslim presence in Europe and the United States has become a major political concern. Many have raised questions regarding potential links between Western Muslims, radical Islam, and terrorism. Whatever the justification of such concerns, it is insufficient to address the subject of Muslims in the West from an exclusively counter-terrorist perspective. Rather, the Muslim presence must be analyzed in light of such issues as immigration, integration, and globalization. This book is the first systematic attempt to compare the situation of European and American Muslims after 9/11, and to present a comprehensive analysis of their religious, political, and legal situations. It will also address the links between Western Muslims and the Muslim world at large. This book will be of great interest to students of critical security studies, Islamic studies, sociology and political science in general. Selected Contents: Introduction Part 1: Overview: Muslims in Europe and the US 1. Islam in America Jane Smith 2. Islam in Europe Jocelyne Cesari Part 2: Anti-Terrorism and International Constraints 3. The Consequences of European Policing for Muslims after September 11th Didier Bigo 4. European Security Laws After September 11th and their Consequences for Muslims in Europe Jose Maria Ortuño 5. Religious Practices of American Muslims: A Grounded Analysis of Hostility and Hope Louise Cainkar 6. Arab Americans after 9/11: Lessons from Detroit Wayne Baker Part 3: Islam and Secularism 7. Islam and the State in Europe Frank Peter 8. The Religious Practice of Muslims in Europe: Balancing between Equal Treatment and Exception Clauses Marcel Maussen 9. Influence of Jihadi Movements Among European Muslims Farhad Khosrokhavar 10. Islam and Secularism in the United States Jocelyne Cesari Part 4: Islam and Public Space 11. Muslims and the Media: Unholy Alliances Chris Allen 12. Islam in European Public Spaces: Muslims, Non-Muslims, and Stereotypes in the Public Sphere Yasemin Karakasoglu, Sigrid Luchtenberg and Riem Spielhaus 13. Islam and the American Public Sphere Erik Nisbet 14. Muslim Voices in American Media Emran Qureshi June 2009: 234 x 156: 240pp Hb: 978-0-415-77655-4: £80.00 Pb: 978-0-415-77654-7: £21.99

More on Religion ISBN 978-0-415-42027-3 978-0-415-42030-3

Title

Author/Editor

Religious Discrimination and Hatred Law*

Neil Addison

Binding Hardback Paperback

*eBook Available

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Pub Date 2006

Price £85.00 £31.95


54

RELIGION

SOCIAL POLICY

COMING SOON

COMING SOON

The Right to Religious Freedom in International Law

Welfare’s Forgotten Past

Between Group Rights and Individual Rights

Lorie Charlesworth, Liverpool John Moores University, UK

Anat Scolnicov, University of Cambridge, UK Series: Routledge Research in Human Rights Law This book explores the right to religious freedom within international law. Analysing legal structures in a variety of both Western and Non-Western jurisdictions, the book sets out a topography of the different constitutional structures of religion within the state and their compliance with international human rights law. Selected Contents: 1. Existing Protection Of Religious Freedom In International Law 2. Why Is There A Right To Freedom Of Religion? 3. The Legal Status Of Religion In The State 4. Women And Religious Freedom 5. Children, Education And Religious Freedom 6. Religious Freedom As A Right Of Free Speech 7. Conclusion November 2009: 234 x 156: 320pp Hb: 978-0-415-48114-4: £65.00

Divine Justice Religion And The Development Of Chinese Legal Culture Paul R. Katz, Academia Sinica, Taiwan Series: Academia Sinica on East Asia This book examines the integral role of religious beliefs and practices in Chinese legal culture. Selected Contents: Introduction. 1. The Development of the Judicial Underworld: A Comparative Perspective Background 2. The Judicial Continuum 3. Oaths and Chickenbeheading Rituals 4. Indictment Rituals 5. Trials of the Insane and Dressing as a Criminal 6. Judicial Rituals in Asian Colonial and Immigrant History 7. Judicial Rituals in Modern Taiwan 8. Case Study: The Dizang Abbey. Conclusion December 2008: 234 x 156: 240pp Hb: 978-0-415-44345-6: £70.00 eBook: 978-0-203-88368-6

Contemporary Issues in Public Policy Series

A Socio-Legal History of the Poor Law

That ‘poor law was law’ is a fact that has slipped from the consciousness of historians of welfare in England and Wales, and in North America. Welfare’s Forgotten Past remedies this situation by tracing the history the legal right of the settled poor to relief when destitute. Poor law was not simply a local custom, but a series of roles and responsibilities that went beyond social altruism. This legal ‘truth’ is, however, still ignored or rejected by some historians, and thus ‘lost’ to social welfare policy makers. This forgetting or minimising of a legal, enforceable right to relief has led to a mis-understanding of welfare’s past. But it has also contributed to the stigmatisation of poverty, and the emergence and persistence of the idea that its relief is a ’gift’ from the state. Documenting the history and the effects of this forgetting, whilst also providing a ‘legal’ history of welfare, Lorie Charlesworth argues that it is timely for social policy-makers and reformists in Britain, the United States and elsewhere - to reconsider an alternative welfare model, based on the more positive, legal, aspects of welfare’s 400-year legal history. Selected Contents: 1. Rights of the Poor: A Negative Modernity 2. Poor Law as Law: A Critical Historiography 3. Socio-Legal Poor Law Narratives: Juristic Foundations 4. Lived Experience: The Poor 5. Lived Experience: Poor Law Administration 6. Developments and Transformation Over Time: Dichotomising the Poor 7. The Deformation of Welfare October 2009: 234 x 156: 240pp Hb: 978-0-415-47738-3: £70.00 A GlassHouse Book

Edited by David Downes, London School of Economics, UK and Paul Rock, London School of Economics, UK This series of books is intended to offer accessible, informed and well-evidenced analyses of topical policy issues - from the national health through women’s work to central issues of crime and criminal justice as a counterweight to the manner in which they tend to be presented in political and public debates. The mass media can be sensationalizing and overly-simple. Many observers and commentators are too engaged politically or professionally to take a dispassionate stand. By contrast, what is offered here is considered expert commentary laid out in a literate and helpful manner. Moreover, in the wake of globalization, the revolution in information technology and new forms of regulation and audit, an immense proliferation of data has occurred which can swamp all but the most experienced and duly skeptical analyst. Providing an excellent core for teaching in social policy, criminology, politics and the sociology of contemporary Britain, the series is also intended for politicians, policy-makers, journalists and other concerned people who wish to know more about the world they live in today.

UK Election Law A Critical Examination Bob Watt, University of Essex, UK This book contains a critical analysis of the law and politics governing the conduct of statutory elections in the United Kingdom. Selected Contents: Introduction. The Right to Vote. The Mechanism of Voting. Nomination of a Candidate. Election Expenses. Challenging the Result of an Election. The Problem of Marketized Politics and a Possible Solution 2006: 216 x 138: 264pp Pb: 978-1-85941-916-8: £26.99 A GlassHouse Book

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SOCIAL POLICY

55

Child Sexual Abuse

COMING SOON

COMING SOON

Media Representations and Government Reactions

Migration, Integration and Crime in Europe

Health and the National Health Service

Luigi M. Solivetti, University of Rome - La Sapienza, Italy

John Carrier, London School of Economics and Political Science, University of London, UK and Ian Kendall, Portsmouth University, UK

Julia Davidson, University of Westminster, London, UK Child Sexual Abuse critically evaluates the development of policy and legislative measures to control sex offenders. The last fifteen years has seen increasing concern on the part of the government, criminal justice agencies, the media and the public, regarding child sexual abuse. This concern has been prompted by a series of events including cases inviting media attention and involving the abduction, sexual abuse and murder of young children. The response to this wave of child sexual abuse revelation has been to introduce increasingly punitive legislation regarding the punishment and control of sex offenders (sex offenders are the only group of offenders in British legal history to have their own act), both in custody and in the community. But this response, it is argued here, has developed in a reactionary way to media and public anxiety regarding the punishment and control of sex offenders (who have abused children) and the perceived threat of such offenders in the community. Selected Contents: Defining Child Sexual Abuse. Child Protection: The Crisis In Public Confidence: From Cleveland To Waterhouse. The Role Of The Media: Public Anxiety High Profile. The Legislative Framework (1953- 2004). The Criminal Justice Response: Controlling Sex Offenders Public Appeasement March 2008: 216 x 138: 192pp Hb: 978-1-904385-69-1: £85.00 Pb: 978-1-904385-68-4: £24.99 eBook: 978-0-203-92873-8 A GlassHouse Book

The problem of social control has constituted the acid test for the entire issue of immigration and integration. But whilst recent studies show that the crime rate for non-nationals is three, four or more, times higher than that of the country’s ’own’ citizens, academic interest in these statistics has been inhibited by the political difficulties that they raise. Migration, Integration and Crime in Europe addresses this issue directly. Providing a thorough analysis of immigration and crime rates in all of the main European countries, Luigi Solivetti concludes that the widespread notion that a large non-national population produces high crime rates must be rejected. Noting the undeniably substantial, but significantly variable, contribution of non-nationals to crime statistics in Western Europe, he nevertheless goes on to analyse and explain the factors that influence the relationship between immigration and crime. It is the characteristics of the ’host’ countries that is shown to significantly affect non-nationals’ integration and, ultimately, their involvement in crime. In particular, Solivetti concludes, it is ’social capital’ in the host societies – comprised of features such as education, transparency, and openness – that emerges as playing a key role in non-nationals’ integration, and so in their likelihood to commit crime. Supported by extensive empirical data and statistical analysis, Migration, Integration and Crime in Europe provides an invaluable contribution to one of the most pressing social and political debates in Europe, and elsewhere.

Reviewing recent healthcare policy in the NHS, this book firmly locates the NHS in the context of the welfare state. Setting health policy in both an historical and modern context (post-1997) Kendall and Carrier weigh up the successes and failures of the National Health Service in the United Kingdom and examine the conflicts which have driven the Health Service for over fifty years. After looking at recent responses to the apparent failure of healthcare in the United Kingdom, they conclude that the NHS has successfully met the challenges it faced when founded over sixty years ago and is likely to continue to meet the changing health needs of the population. This excellent book is appropriate for a wide range of undergraduate and postgraduate students studying health policy and the NHS. Selected Contents: 1. Social Assistance and Voluntarism 2. Social Insurance and Local Government 3. War and Welfare 4. Political Parties and Pressure Groups 5. Efficiency and Equity 6. Reorganization and Rationality 7. Managers and Markets 8. New Labour and New NHS 9. Health and Health Care 10. The Role of the State 11. Rationing, Regulation and Rights 12. NHS: Success or Failure? June 2009: 234 x 156: 350pp Hb: 978-1-904385-14-1: £70.00 A GlassHouse Book

Selected Contents: Part 1. The Debate on Migration and Crime: Past and Present Part 2. The Research Project Part 3. National and Non-National Population in Western Europe Part 4. Crime in Western Europe Part 5. Socio-Economic, Integration and Origin Indicators Part 6. The Statistical Analysis September 2009: 234 x 156: 224pp Hb: 978-0-415-49072-6: £70.00 A GlassHouse Book

More on Social Policy ISBN 978-1-904385-82-0 978-1-904385-40-0

Title

Author/Editor

Regulating Social Housing

David Cowen & Morag McDermont

Binding Hardback Paperback

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Pub Date 2006

Price £60.00 £25.99


56

SOCIAL POLICY

JOURNALS

Prostitution, Politics & Policy

Domestic Violence

Student Law Review

Roger Matthews, London South Bank University, UK

Intervention, Prevention, Policies, and Solutions

General Editor: Fiona Kinnear

Prostitution has become an extremely topical issue in recent years and attention has focused both on the situation of female prostitutes and the adequacy of existing forms of regulation. Prostitution, Politics & Policy brings together the main debates and issues associated with prostitution in order to examine the range of policy options that are available.

Richard L. Davis, Quincy College, Plymouth, Massachusetts, USA

Governments in different parts of the world have been struggling to develop constructive policies to deal with prostitution – as, for example, the British Home Office recently instigated a £1.5 million programme to help address the perceived problems of prostitution. In the context of this struggle, and amidst the publication of various policy documents, Prostitution, Politics & Policy develops a fresh approach to understanding this issue, while presenting a range of what are seen as progressive and radical policy proposals. Much of the debate around prostitution has been polarized between liberals – who want prostitution decriminalized, normalized and humanized – and conservatives – who have argued that prostitution should be abolished. But, drawing on a wide range of international literature, and providing an overview that is both accessible to students and relevant to policy makers and practitioners, Roger Matthews proposes a form of radical realism that is irreducible to either of these two positions. Selected Contents: 1. The Emergence of Prostitution as a Significant Social and Political Issue 2. Prostitution Myths 3. Routes into Prostitution 4. Prostitution and Victimisation 5. Leaving Prostitution 6. Regulating Prostitution: International Perspectives 7. Developing a Policy Response January 2008: 234 x 156: 176pp Hb: 978-0-415-45916-7: £80.00 Pb: 978-0-415-45917-4: £24.99 eBook: 978-0-203-93087-8 A GlassHouse Book

Domestic violence does not begin the day an adult heterosexual male decides to beat and batter an adult heterosexual female. Domestic violence is a complicated and multifaceted enigma that includes child, sibling, spousal, intimate partner, and elder abuse. Despite spending billions of dollars on domestic violence, the number of some categories of victims remains the same. The problem can be traced back to our very definitions of victim and abuse. Until we open our eyes to the blatant empirical evidence and come to some agreement on a basic platform, this pervasive crime will not diminish. Domestic Violence: Intervention, Prevention, Policies, and Solutions presents a rational and reasoned perspective that emphasizes evidencebased information rather than ideologically held beliefs. It challenges the effectiveness of existing policies and procedures and introduces ten recommendations for change. The book summarizes many important federally sponsored reports and provides unique meta-analysis styled empirically based overviews of contemporary research and intervention efforts. It also supplies print and web-based national and state specific resources and references to studies and organizations that will be updated online. Topics addressed include historical and current explanations of battering behaviour, the importance of the accurate and unbiased identification of victims, differences and the implications of those differences in reporting rape and sexual assault, and the understanding of risk factors. It considers the fallacy of ideological advocacy and presents legislation and policies in Colorado and California as cases in point. In particular the author explores the prevailing notion of the predominance of female victimization over male victimization. Injecting a voice of reason into a highly emotional debate, this outstanding volume clarifies our convenient delusions and allows us to re-appraise this sensitive issue and effect a positive and progressive outcome. CRC Press March 2008: 235 x 156: 320pp Hb: 978-1-4200-6139-0: £41.99

The Student Law Review continues to be the single most popular publication for law students. It is essential reading for all who teach and study law. No library, academic or student can afford to be without a copy. Published termly, three times a year, the Student Law Review provides up-to-date coverage across the entire syllabus. Written and edited by a team of acknowledged experts with many years experience of law practice and teaching, the articles manage to be accessible, clear and of a high academic standard. Concise case notes illustrate significant facts and the consequences of recent judgements while changes to legislation are expertly summarised and explained. Full of discussion, debate and comment on the most recent and relevant cases, the Student Law Review is committed to reporting all the latest exciting developments across the field. A must-read! Published January, April, October, 3 issues a year ISSN 0961-0391 Annual subscription: UK £18.00 - overseas £25.00 3 year subscription: UK £45.00 - overseas £56.00 Distributors: Pods Post, London Heathrow Airport, Colndale Road, Colnbrook, Slough, SL3 0HQ Tel. 0208 797 0000 e-Mail subscriptions@pods.eu.com

NEW TO ROUTLEDGE IN 2009

The Law Teacher Editor: Nigel Duncan, City University, London, UK The Law Teacher is a fully-refereed journal concerned with legal education at all academic levels. Whilst it is the journal of the UK-based Association of Law Teachers, both the Association and the journal are international in outlook and contributions from any jurisdiction are welcome in any section of the journal. Volume 42, 2009, 3 issues per year Print ISSN 0306-9400 Online ISSN 0306-9940 Institutional (print & online): £105.00 Institutional (online only): £100.00

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JOURNALS Commonwealth Law Bulletin Editor: Aldo Zammit-Borda, Commonwealth Secretariat, London, UK The Commonwealth Law Bulletin, first published in 1974, is the flagship publication of the Legal and Constitutional Affairs Division (LCAD) of the Commonwealth Secretariat. A comprehensive periodical of the law and legal affairs, the Bulletin is a refereed journal that provides essential reading for judges, attorneys general, law ministers, law reform agencies, academics and private practitioners and others who must keep abreast of the law and legal developments. The Bulletin also helps foster harmonised approaches to emerging legal issues throughout the Commonwealth. Volume 35, 2009, 4 issues per year Print ISSN 1750-5976 Online ISSN 0305-0718 Institutional (print & online): £198.00 Institutional (online only): £188.00 Personal (print only): £85.00

Information & Communications Technology Law Editor: Indira Carr, University of Surrey, Guildford, UK Information & Communications Technology Law covers topics such as: the implications of IT for legal processes and legal decision-making and related ethical and social issues; the liability of programmers and expert system builders; computer misuse and related policing issues; intellectual property rights in algorithms, chips, databases, software etc; IT and competition law; data protection; freedom of information; the nature of privacy, legal controls in the dissemination of pornographic, racist and defamatory material on the Internet; network policing; regulation of the IT industry; problems of computer representation and the computational semantics of law; the role of visual or image-based legal ’mental models’; general public policy and philosophical aspects of law and IT. Volume 18, 2009, 3 issues per year Print ISSN 1360-0834 Online ISSN 1469-8404 Institutional (print & online): £464.00 Institutional (online only): £441.00 Personal (print only): £128.00

57

International Journal of the Legal Profession

Journal of Commonwealth Law and Legal Education

Editor: Avrom Sherr, University of London, UK

Lead Editor: Aurora Voiculescu, The Open University, UK

International Journal of the Legal Profession is an academic journal addressing the organization, structure, management and infrastructure of the legal professions of the common law and civil law world.

Editors: Gary Slapper, Ben Fitzpatrick, Jane Goodey and Carol Howells all at The Open University, UK and John Hatchard, School of Oriental and African Studies, University of London, UK The Journal of Commonwealth Law and Legal Education aims to encourage the sharing of best practice in legal education, scholarship and legal research across the Commonwealth.

The journal encompasses studies of the work, work practices, skills and ethics of the legal profession as well as the internal management of law firms and chambers. It also considers the methods and extent of provision of legal services. A range of socio-legal information is included involving inter-disciplinary interest from academic and professional lawyers, economists, philosophers, psychologists, sociologists, anthropologists and business academics interested in the world of law and lawyers.

It is the purpose of this journal to create a commonwealth of knowledge, analysis and reflection on any legal matters that have relevance to legal practice, legal policy and legal scholarship in Commonwealth jurisdictions.

Volume 18, 2009, 3 issues per year Print ISSN 1469-9257 Online ISSN 0969-5958 Institutional (print & online): £494.00 Institutional (online only): £469.00 Personal (print only): £126.00

It features diverse contributions from teachers of law, researchers, scholars and professionals in legal practice or the judiciary and promotes the sharing of scholarship, best practice and innovation in legal education in the Commonwealth.

International Review of Law Computers & Technology

Volume 7, 2009, 2 issues per year Print ISSN 1476-0401 Online ISSN 1750-662X Institutional (print & online): £120.00 Institutional (online only): £114.00 Personal (print only): £54.00

Editor: Kenneth V. Russell International Review of Law, Computers & Technology is an international review devoted to the study of both the principles and practices bearing on the interaction of computers, other new technologies, and the law. The rapid advances made by technology are radically changing the face of our society. New media now exist in areas such as the creation and the distribution of information and entertainment. They must still be governed by law but which laws are relevant, and which new laws need to be established? Volume 23, 2009, 3 issues per year Print ISSN 1360-0869 Online ISSN 1364-6885 Institutional (print & online): £617.00 Institutional (online only): £586.00 Personal (print only): £85.00

Journal of Legal History Editor: Neil Jones, University of Cambridge, UK Journal of Legal History is the only British journal concerned solely with legal history. It publishes articles on the sources and development of the common law, both in the British Isles and overseas, on the history of the laws of Ireland, Scotland, and Wales, and on Roman Law and the European legal tradition. There is a section for shorter research notes, review-articles, and a wide ranging section of reviews of recent literature. Volume 30, 2009, 3 issues per year Print ISSN: 0144-0365, Online ISSN: 1744-0564 Institutional (print & online): £283.00 Institutional (online only): £269.00 Personal (print only): £68.00

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58

INDEX

A Aas, Katja Franko . . . . . . . . . . . . . . . . . . .13 Absent Environments . . . . . . . . . . . . . . . .46 Academia Sinica on East Asia Series . . . . .54 Aceves, William J. . . . . . . . . . . . . . . . . . . .28 Addison, Neil . . . . . . . . . . . . . . . . . . . . . .53 Administrative Law and Governance in Asia . .4 Advances in Police Theory and Practice Series . . . . . . . . . . . . . . . . . . . . . . . .8, 15 After Sovereignty . . . . . . . . . . . . . . . . . . .41 Akseli, Orkun . . . . . . . . . . . . . . . . . . . . . .25 Albertson Fineman, Martha . . . . . . . . . . .20 Albrecht, James F. . . . . . . . . . . . . . . . . . . . .8 Alexander, Yonah . . . . . . . . . . . . . . . . . . .36 Alpa, Guido . . . . . . . . . . . . . . . . . . . . . . . .3 Alternative Institutional Structures . . . . . .25 Amankwah, Harrison . . . . . . . . . . . . . . . .23 Anderson, Jack . . . . . . . . . . . . . . . . . . . . .44 Anthropology and Expertise in the Asylum Courts . . . . . . . . . . . . . . . . . . . .37 Armstrong, David . . . . . . . . . . . . . . . . . . .29 ASAA Women in Asia Series . . . . . . . . . . .18 Asian Discourses of Rule of Law . . . . . . . . .3 Asian Yearbook of International Law . . . . .27 Assisted Dying . . . . . . . . . . . . . . . . . . . . .48 Autonomy, Consent and the Law . . . . . . .48

B Baker, Bruce . . . . . . . . . . . . . . . . . . . . . . .15 Barbier, Marie-Claude . . . . . . . . . . . . .19, 52 Barbour, Charles . . . . . . . . . . . . . . . . . . . .41 Barshack, Lior . . . . . . . . . . . . . . . . . . . . . .42 Batie, Sandra . . . . . . . . . . . . . . . . . . . . . .25 Baughen, Simon . . . . . . . . . . . . . . . . . . . .23 Beard, Jennifer . . . . . . . . . . . . . . . . . . . . .33 Being Against the World . . . . . . . . . . . . . .45 Bennett, Colin J. . . . . . . . . . . . . . . . . . . . .15 Bessant, Judith . . . . . . . . . . . . . . . . . . . . .14 Best Interests of the Child in Healthcare, The . . . . . . . . . . . . . . . . . . . . . . . . . . . .49 Beyond Transcendence in Law and Philosophy . . . . . . . . . . . . . . . . . . . . . . .45 Bibbings, Lois . . . . . . . . . . . . . . . . . . . . . . .7 Biber, Katherine . . . . . . . . . . . . . . . . . . . . .9 Biggs, Hazel . . . . . . . . . . . . . . . . . . . .49, 50 Binding Men . . . . . . . . . . . . . . . . . . . . . . . .7 Bioethics and the Humanities . . . . . . . . . .49 Biomedical Law & Ethics Library Series . . .48 Biondi, Yuri . . . . . . . . . . . . . . . . . . . . . . . .25 Birkbeck Law Press Series . . . . . . . . . . . . .44 Birth, Harm and the Role of Distributive Justice . . . . . . . . . . . . . . . . . . . . . . . . . .48 Body in Bioethics, The . . . . . . . . . . . . . . . .48 Border Security in the Al-Qaeda Era . . . . . .7 Bottomley, Anne . . . . . . . . . . . . . . . . . . . .31 Bowring, Bill . . . . . . . . . . . . . . . . . . . . . . .27 Bradney, Anthony . . . . . . . . . . . . . . . . . . .53 Brannigan, Augustine . . . . . . . . . . . . . . . .12 Brenner, Edgar H. . . . . . . . . . . . . . . . . . . .36 Brooks, Thom . . . . . . . . . . . . . . . . . . . . . .41 Brosnan, Caragh . . . . . . . . . . . . . . . . . . . .51 Brown, Mark . . . . . . . . . . . . . . . . . . . . . . . .9 Brown, Steven David . . . . . . . . . . . . . . . . . .6 Browne-Marshall, Gloria J. . . . . . . . . . . . .52 Bryan, Michael . . . . . . . . . . . . . . . . . . . . . .5 Bunker, Robert J. . . . . . . . . . . . . . . . . . . . .29 Burton, Mandy . . . . . . . . . . . . . . . . . . . . .18 Bussani, Mauro . . . . . . . . . . . . . . . . . . . . . .6 Butler, Chris . . . . . . . . . . . . . . . . . . . . . . .43

C Campbell, Alastair V. . . . . . . . . . . . . . . . . .48 Campbell, Kirsten . . . . . . . . . . . . . . . . . . .36

Canziani, Arnaldo . . . . . . . . . . . . . . . . . . .25 Capital Punishment . . . . . . . . . . . . . . . . . . .6 Captive Images . . . . . . . . . . . . . . . . . . . . . .9 Carr, Indira . . . . . . . . . . . . . . . . . . . . . . . .57 Carrabine, Eamonn . . . . . . . . . . . . . . . . . .13 Carrier, John . . . . . . . . . . . . . . . . . . . . . . .55 Centralized Enforcement, Legitimacy and Good Governance in the EU . . . . . . . . .17 Cesari, Jocelyne . . . . . . . . . . . . . . . . . . . .53 Chan, Wing-Cheong . . . . . . . . . . . . . . . . .13 Charlesworth, Lorie . . . . . . . . . . . . . . . . . .54 Chege, Victoria . . . . . . . . . . . . . . . . . . . . .16 Chen, Albert H.Y. . . . . . . . . . . . . . . . . . . . .4 Child Sexual Abuse . . . . . . . . . . . . . . . . . .55 Children and International Human Rights Law . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Chimni, B.S. . . . . . . . . . . . . . . . . . . . . . . .27 China Policy Series . . . . . . . . . . . . . . . . . .24 Choice and Consent . . . . . . . . . . . . . . . . .18 Choudhry, Shazia . . . . . . . . . . . . . . . . . . .17 CISG and the Unification of International . .23 City Limits . . . . . . . . . . . . . . . . . . . . . . . . .11 Civil Disobedience and the German Courts . .3 Closa Montero, Carlos . . . . . . . . . . . . . . .17 Collier, Richard . . . . . . . . . . . . . . . . . . . . . .9 Colonial Criminology . . . . . . . . . . . . . . . . . .9 Combating International Crime . . . . . . . . . .6 Commercial and Business Organizations Law in Papua New Guinea . . . . . . . . . .23 Commonwealth Law Bulletin . . . . . . . . . .57 Company Directors’ Responsibilities to Creditors . . . . . . . . . . . . . . . . . . . . . . . . .2 Conflict of Laws . . . . . . . . . . . . . . . . . . . .23 Constitutions . . . . . . . . . . . . . . . . . . . . . .45 Contemporary Human Rights Ideas . . . . . .22 Contemporary Issues in Law Enforcement and Policing . . . . . . . . . . . . . . . . . . . . . . .7 Contemporary Issues in Public Policy Series . .54 Contemporary Security Studies Series . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36, 37, 39 Cooper, Davina . . . . . . . . . . . . . . . . . . . . .40 Cordner, Gary . . . . . . . . . . . . . . . . . . . . . . .8 Countermeasures and the Non-Injured State in International Law . . . . . . . . . . .28 Courts of Genocide, The . . . . . . . . . . . . . .39 Cowan, Sharon . . . . . . . . . . . . . . . . . . . . .18 Cowen, David . . . . . . . . . . . . . . . . . . . . . .55 Cox, Pam . . . . . . . . . . . . . . . . . . . . . . . . .13 Cremer, Hans-Joachim . . . . . . . . . . . . . . . .5 Crewe, Don . . . . . . . . . . . . . . . . . . . . . . .10 Crime Scenes . . . . . . . . . . . . . . . . . . . . . .47 Crime, Inequality and the State . . . . . . . . .12 Criminal Abuse of Women and Children . .18 Criminal Justice in Hong Kong . . . . . . . . . .7 Criminal Justice Theory . . . . . . . . . . . . . . .40 Criminal Law and Policy in the European Union . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Criminal-States and Criminal-Soldiers . . . .29 Criminology . . . . . . . . . . . . . . . . . . . . . . .13 Criminology and Justice Studies Series . .40, 52 Criminology, Civilisation and the New World Order . . . . . . . . . . . . . . . . . . . . .11 Critical Approaches to Law Series . .29, 31, 33 Critical Legal Thinkers Series . . . . . . . . . . .43 Cross Cultural Profiles of Policing . . . . . . . .7 Cullet, Philippe . . . . . . . . . . . . . . . . . . . . .32 Cultural Criminology Unleashed . . . . . . . .11 Currency of Justice, The . . . . . . . . . . . . . .13 Current Controversies in Law Series . . . . . .5 Currie, David M. . . . . . . . . . . . . . . . . . . . . .2 Cushman, Thomas . . . . . . . . . . . . . . . . . .22

D Dakolias, Maria . . . . . . . . . . . . . . . . . . . . .26 Das, Dilip K. . . . . . . . . . . . . . . . .7, 8, 15, 18 Davidson, Julia . . . . . . . . . . . . . . . . . . . . .55

Davies, Margaret . . . . . . . . . . . . . . . . . . . .31 Davis, Richard L. . . . . . . . . . . . . . . . . . . . .56 De Schutter, Helder . . . . . . . . . . . . . . . . . .38 De Wispelaere, Jurgen . . . . . . . . . . . . . . . .4 Dealing with DNA Evidence . . . . . . . . . . . .7 Dearey, Melissa . . . . . . . . . . . . . . . . . . . . .11 Debates in Criminal Justice . . . . . . . . . . . .13 Defamation . . . . . . . . . . . . . . . . . . . . . . . . .5 Defending the Genetic Supermarket . . . . .50 Degradation of the International Legal Order?, The . . . . . . . . . . . . . . . . . . . . . .27 Delaney, David . . . . . . . . . . . . . . . . . . . . .32 Deschamps, Bénédicte . . . . . . . . . . . .19, 52 Development of Intellectual Property Regimes in the Arabian Gulf, The . . . . .22 Diamantides, Marinos . . . . . . . . . . . . . . . .40 Diduck, Alison . . . . . . . . . . . . . . . . . . . . . .18 Discourse on Domination, A . . . . . . . . . . .52 Discourses of Law . . . . . . . . . . . . . . . . . . .46 Divine Justice . . . . . . . . . . . . . . . . . . . . . .54 Doak, Jonathan . . . . . . . . . . . . . . . . . . . . . .8 Dolu, Osman . . . . . . . . . . . . . . . . . . . . . . . .7 Domestic Violence . . . . . . . . . . . . . . . . . .56 Douzinas, Costas . . . . . . . . . . . . . . . . . . .20 Downes, David . . . . . . . . . . . . . . . . . . . . .54 Downie, Robin . . . . . . . . . . . . . . . . . . . . .49 Duffee, David . . . . . . . . . . . . . . . . . . . . . .40 Duncan, Nigel . . . . . . . . . . . . . . . . . . . . . .56

E Ebbe, Obi N.I. . . . . . . . . . . . . . . . . . . . . . .18 Eco Crime and Genetically Modified Food . .9 Economics of Legal Relationships, The . . .25 Economics of Legal Relationships Series, The . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 Economics, Law and Individual Rights . . . .25 Effective Crime Reduction Strategies . . . . . .8 Eisner, Julia . . . . . . . . . . . . . . . . . . . . . . . .17 Elagab, Jeehaan . . . . . . . . . . . . . . . . . . . .29 Elagab, Omer . . . . . . . . . . . . . . . . . . . . . .29 Ellis, Tom . . . . . . . . . . . . . . . . . . . . . . . . . .13 Elliston, Sarah . . . . . . . . . . . . . . . . . . . . . .49 Endowed . . . . . . . . . . . . . . . . . . . . . . . . .46 Enforcement of European Union Environmental Law . . . . . . . . . . . . . . . .32 English, French and German Comparative Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Eriksen, Erik Oddvar . . . . . . . . . . . . . . . . .16 Essays on Law, Men and Masculinities . . . .9 European Union Non-Discrimination Law . .16 Europeanisation of Contract Law, The . . . . .5 Euthanasia, Ethics and the Law . . . . . . . . .49 Evans, Donald . . . . . . . . . . . . . . . . . . . . . .51 Everson, Michelle . . . . . . . . . . . . . . . . . . .17 Evgeny Pashukanis . . . . . . . . . . . . . . . . . .43 Evolution of a Revolution . . . . . . . . . . . . . .3 Existentialist Criminology . . . . . . . . . . . . . .10 Eye of the Law, The . . . . . . . . . . . . . . . . .44

F Falk, Richard . . . . . . . . . . . . . . . . . . . . . . .28 Farrall, Stephen . . . . . . . . . . . . . . . . . . . . .10 Farran, Sue . . . . . . . . . . . . . . . . . . . . . . . .21 Faundez, Julio . . . . . . . . . . . . . . . . . . . . . .34 Fay, Derick . . . . . . . . . . . . . . . . . . . . . . . .31 Fear of Crime . . . . . . . . . . . . . . . . . . . . . .10 Fedtke, Jörg . . . . . . . . . . . . . . . . . . . . . . .21 Feliu Rey, Jorge . . . . . . . . . . . . . . . . . . . . . .4 Feminist Perspectives on Family Law . . . . .18 Feminist Perspectives on Land Law . . . . . .31 Feminist Perspectives Series . . . . . . . . .18, 31 Fennell, Shailaja . . . . . . . . . . . . . . . . . . . .33 Ferrell, Jeff . . . . . . . . . . . . . . . . . . . . . . . .11 Ferretti, Federico . . . . . . . . . . . . . . . . . . . .26

Firm as an Entity, The . . . . . . . . . . . . . . . .25 Fitzpatrick, Ben . . . . . . . . . . . . . . . . . . . . .57 Fitzpatrick, Peter . . . . . . . . . . . . . . . . . . . .40 Forrest, Craig . . . . . . . . . . . . . . . . . . . . . .30 Foucault and Criminology . . . . . . . . . . . . .11 Foucault’s Law . . . . . . . . . . . . . . . . . . . . .40 Foucault’s Monsters . . . . . . . . . . . . . . . . .41 Fountoulakis, Christiana . . . . . . . . . . . . . .23 Four Lacanian Discourses, The . . . . . . . . . .45 Fragility of Law, The . . . . . . . . . . . . . . . . .16 Framing Crime . . . . . . . . . . . . . . . . . . . . .10 Fraser, David . . . . . . . . . . . . . . . . . . . . . . .16 Freedom of Expression . . . . . . . . . . . . . . .20 French Civil Code, The . . . . . . . . . . . . . . . .3

G Gaining Ground? . . . . . . . . . . . . . . . . . . .31 Gavaghan, Colin . . . . . . . . . . . . . . . . . . . .50 Gender, State and Social Power in Contemporary Indonesia . . . . . . . . . . . .18 Gendered Risks . . . . . . . . . . . . . . . . . . . . .10 Ghandour, Zeina Talitha . . . . . . . . . . . . . .52 Gies, Lieve . . . . . . . . . . . . . . . . . . . . . . . .35 Gillies, Peter . . . . . . . . . . . . . . . . . . . . . . .23 Ginsburg, Tom . . . . . . . . . . . . . . . . . . . . . .4 Giorgio Agamben . . . . . . . . . . . . . . . . . . .44 Glinavos, Ioannis . . . . . . . . . . . . . . . . . . . .23 Global Biosecurity . . . . . . . . . . . . . . . . . . .36 Global Environment of Policing . . . . . . . . .15 Global Institutions Series . . . . . . . .22, 27, 29 Godden, Lee . . . . . . . . . . . . . . . . . . . . . . .31 Golder, Ben . . . . . . . . . . . . . . . . . . . . . . . .40 Goldstone, Richard J. . . . . . . . . . . . . . . . .27 Good, Anthony . . . . . . . . . . . . . . . . . . . . .37 Goodey, Jane . . . . . . . . . . . . . . . . . . . . . .57 Goodrich, Peter . . . . . . . . . . . . . .42, 43, 46 Götz, Norbert . . . . . . . . . . . . . . . . . . . . . .37 Governance and Regulation in Social Life . .12 Gowlland-Gualtieri, Alix . . . . . . . . . . . . . .32 Grabham, Emily . . . . . . . . . . . . . . . . . . . .40 Graham, Nicole . . . . . . . . . . . . . . . . . . . . .32 Guardiola-Rivera, Oscar . . . . . . . . . . . . . . .45 Guide to The Companies Act 2006, A . . . .2

H Haggerty, Kevin . . . . . . . . . . . . . . . . . . . .12 Haggrén, Heidi . . . . . . . . . . . . . . . . . . . . .37 Haldar, Piyel . . . . . . . . . . . . . . . . . . . . . . .47 Halliday, Samantha . . . . . . . . . . . . . . . . . .51 Halperin, Jean-Louis . . . . . . . . . . . . . . . . . .3 Handbook of Frauds, Scams, and Swindles . .2 Handbook of Human Rights . . . . . . . . . . .22 Handbook of Restorative Justice . . . . . . . .14 Handbook of the Sociology of Medical Education . . . . . . . . . . . . . . . . . . . . . . .51 Hannah-Moffat, Kelly . . . . . . . . . . . . . . . .10 Harding, Andrew . . . . . . . . . . . . . . . . . . . .4 Harm Paradox, The . . . . . . . . . . . . . . . . . .49 Harpwood, V.H. . . . . . . . . . . . . . . . . . . . .50 Harrington, John . . . . . . . . . . . . . . . . . . . .21 Hatchard, John . . . . . . . . . . . . . . . . . . . . .57 Hatzis, Aristides . . . . . . . . . . . . . . . . . . . .26 Haynes, C.E.P. (Val) . . . . . . . . . . . . . . . . . .23 Hayward, Keith . . . . . . . . . . . . . . . . . .10, 11 Hayward, Ruth . . . . . . . . . . . . . . . . . . . . .23 Head, Michael . . . . . . . . . . . . . . . . . . . . . .43 Health and the National Health Service . . .55 Healthcare Research Ethics and Law . . . . .49 Hedemann-Robinson, Martin . . . . . . . . . .32 Hedley, Steve . . . . . . . . . . . . . . . . . . . . . . .2 Henri Lefebvre . . . . . . . . . . . . . . . . . . . . .43 Herman, Didi . . . . . . . . . . . . . . . . . . . . . .40 Herman, Johanna . . . . . . . . . . . . . . . . . . .39 Herring, Jonathan . . . . . . . . . . . . . . . . . . .17

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INDEX Heyward, Keith . . . . . . . . . . . . . . . . . . . . .11 Hil, Richard . . . . . . . . . . . . . . . . . . . . . . . .14 Hinton, Martin . . . . . . . . . . . . . . . . . . . . . .4 History of Drugs, A . . . . . . . . . . . . . . . . . . .8 Holder, Jane . . . . . . . . . . . . . . . . . . . . . . .32 Horsey, Kirsty . . . . . . . . . . . . . . . . . . . . . .50 Howe, Adrian . . . . . . . . . . . . . . . . . . . . . .12 Human Fertilisation and Embryology . . . . .50 Human Genes and Neoliberal Governance . .9 Human Rights . . . . . . . . . . . . . . . . . . . . . .22 Human Rights and Empire . . . . . . . . . . . .20 Human Rights and the Private Sphere . . . .21 Human Rights and the Protection of Privacy in Tort Law . . . . . . . . . . . . . . . . . .5 Human Rights Controversies . . . . . . . . . . .21 Human Rights in Asia . . . . . . . . . . . . . . . .21 Human Rights in the South Pacific . . . . . .21 Human Rights or Citizenship? . . . . . . . . . .45 Human Security, Transnational Crime and Human Trafficking . . . . . . . . . . . . . . . . .38 Hunter, Rosemary . . . . . . . . . . . . . . . . . . .18 Huxtable, Richard . . . . . . . . . . . . . . . . . . .49 Hypercrime . . . . . . . . . . . . . . . . . . . . . . . .11

I

J Jacobson, Arthur . . . . . . . . . . . . . . . . . . . .46 James, Deborah . . . . . . . . . . . . . . . . . . . .31 James, Grace . . . . . . . . . . . . . . . . . . . . . .30 Jefferson, Andrew . . . . . . . . . . . . . . . . . . .34 Jensen, Steffen . . . . . . . . . . . . . . . . . . . . .34 Jewish Law Annual Series . . . . . . . . . . . . .53 Jewish Law Annual Volume 17, The . . . . .53 Joerges, Christian . . . . . . . . . . . . . . . . . . .16 Johnson, Thomas A. . . . . . . . . . . . . . . . . .38 Johnston, Elliott . . . . . . . . . . . . . . . . . . . . .4 Jones, Carol . . . . . . . . . . . . . . . . . . . . . . . .7 Jones, Neil . . . . . . . . . . . . . . . . . . . . . . . .57 Jones, Nicholas . . . . . . . . . . . . . . . . . . . . .39 Jones, Roger . . . . . . . . . . . . . . . . . . . . . . .23 Journal of Commonwealth Law and Legal Education . . . . . . . . . . . . . . . . . . . . . . .57 Journal of Legal History . . . . . . . . . . . . . .57 Judicial Law-Making in Post-Soviet Russia . .4 Judicial Recourse to Foreign Law . . . . . . . . .3 Judith Butler: Ethics, Law, Politics . . . . . . .43 Jurisprudence of Jurisdiction . . . . . . . . . . .29

K

Identity of the Constitutional Subject . . . .48 Impairment and Disability . . . . . . . . . . . . .50 Indigenous Australians and the Law . . . . . .4 Informal Reckonings . . . . . . . . . . . . . . . . .12 Information & Communications Technology Law . . . . . . . . . . . . . . . . . . .57 Intellectual Property and the New Global Japanese Economy . . . . . . . . . . . . . . . .25 Intention and Causation in Medical Non-Killing . . . . . . . . . . . . . . . . . . . . . .50 International Actors, Democratization and the Rule of Law . . . . . . . . . . . . . . .30 International Commercial and Marine Arbitration . . . . . . . . . . . . . . . . . . . . . . .24 International Criminology . . . . . . . . . . . . .14 International Development . . . . . . . . . . . .33 International Economic Actors and Human Rights . . . . . . . . . . . . . . . . . . . .22 International Handbook of Criminology . .14 International Handbook of Victimology . . .15 International Journal of the Legal Profession . . . . . . . . . . . . . . . . . . . . . . .57 International Judicial Institutions . . . . . . . .27 International Law and the Protection of Cultural Heritage . . . . . . . . . . . . . . . . . .30 International Law and the Third World . . .28 International Law Documents Relating To Terrorism . . . . . . . . . . . . . . . . . . . . . .29 International Legal Theory . . . . . . . . . . . . .28 International Negotiation in the Twenty-First Century . . . . . . . . . . . . . . .37 International Review of Law Computers & Technology . . . . . . . . . . . . . . . . . . . .57 International Sales Law . . . . . . . . . . . . . . .23 International Secured Transactions Law . . .25 International Trade and Business . . . . . . . .23 International Trade and Business Law Review: Volume XI . . . . . . . . . . . . . . . . .23 International Trade and the Protection of the Environment . . . . . . . . . . . . . . . . . .23 Internationalisation of Competition Rules, The . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 Interpretation of Contracts . . . . . . . . . . . . .5 Intersectionality and Beyond . . . . . . . . . . .40 Intimacy and Responsibility . . . . . . . . . . . .19 Intriligator, Michael D. . . . . . . . . . . . . . . .36 Introduction to Spanish Private Law . . . . . .4 Io Lo, Vai . . . . . . . . . . . . . . . . . . . . . . . . . .2 Iqbal, Khurshid . . . . . . . . . . . . . . . . . . . . .33 Italian Private Law . . . . . . . . . . . . . . . . . . . .3

Kanda, Hideki . . . . . . . . . . . . . . . . . . . . . . .2 Katona, Peter . . . . . . . . . . . . . . . . . . . . . .36 Katselli, Elena . . . . . . . . . . . . . . . . . . . . . .28 Katz, Paul R. . . . . . . . . . . . . . . . . . . . . . . .54 Keay, Andrew . . . . . . . . . . . . . . . . . . . . . . .2 Kelsey, Jane . . . . . . . . . . . . . . . . . . . . . . .24 Kendall, Ian . . . . . . . . . . . . . . . . . . . . . . . .55 Kenyon, Andrew . . . . . . . . . . . . . . . . . . . . .5 Kett, Martin . . . . . . . . . . . . . . . . . . . .14, 15 Key Ideas in Criminology Series . . . . . . . . .14 Kim, Kon-Sik . . . . . . . . . . . . . . . . . . . . . . . .2 Kinnear, Fiona . . . . . . . . . . . . . . . . . . . . . .56 Kirat, Thierry . . . . . . . . . . . . . . . . . . . . . . .25 Klein, Natalie . . . . . . . . . . . . . . . . . . . . . .27 Klippel, Diethelm . . . . . . . . . . . . . . . . . . .42 Knepper, Paul . . . . . . . . . . . . . . . . .8, 14, 15 Kochi, Tarik . . . . . . . . . . . . . . . . . . . . . . . .45 Krishnadas, Jane . . . . . . . . . . . . . . . . . . . .40

L Lang, Jr., Anthony F. . . . . . . . . . . . . . . . . .39 Law and Consumer Credit Information in the European Community, The . . . . .26 Law and Faith in a Sceptical Age . . . . . . .53 Law and Irresponsibility . . . . . . . . . . . . . . .41 Law and Order . . . . . . . . . . . . . . . . . . . . .11 Law and Sacrifice . . . . . . . . . . . . . . . . . . .45 Law and the Beautiful Soul . . . . . . . . .42, 45 Law and the City . . . . . . . . . . . . . . . . . . . .35 Law and the Media . . . . . . . . . . . . . . . . . .35 Law Development and Globalization Series . .34 Law for Foreign Business and Investment in China . . . . . . . . . . . . . . . . . . . . . . . . . .2 Law in the Pursuit of Development . . . . . .34 Law of Consular Access, The . . . . . . . . . . .28 Law of Electronic Commerce and the Internet in the UK and Ireland, The . . . . .2 Law Teacher, The . . . . . . . . . . . . . . . . . . .56 Law, Antisemitism and the Holocaust . . . .38 Law, Democracy and Solidarity in a Post-national Union . . . . . . . . . . . . . . . .16 Law, Orientalism and Postcolonialism . . . .47 Law, Science and Society Series . . . . . . . . .46 Law, Text, Terror . . . . . . . . . . . . . . . . . . . .42 Lawscape . . . . . . . . . . . . . . . . . . . . . . . . .32 Lee, Maggy . . . . . . . . . . . . . . . . . . . . . . . .13 Lee, Murray . . . . . . . . . . . . . . . . . . . . . . .10 Legal Regulation of Pregnancy and Parenting in the Labour Market, The . . .30

Legal Responses to Domestic Violence . . .18 Legal, the Spatial and the Pragmatics of World-Making, The . . . . . . . . . . . . . . . .32 Legal-Economic Nexus, The . . . . . . . . . . . .26 Legality of Boxing, The . . . . . . . . . . . . . . .44 Leustean, Lucien . . . . . . . . . . . . . . . . . . . .16 Levinas, Law, Politics . . . . . . . . . . . . . . . . .40 Life Assurance Contracts . . . . . . . . . . . . . . .5 Lifshitz, Berachyahu . . . . . . . . . . . . . . . . .53 Lim, Hilary . . . . . . . . . . . . . . . . . . . . . . . . .31 Lippens, Ronnie . . . . . . . . . . . . . . . . . . . .10 Loizidou, Elena . . . . . . . . . . . . . . . . . . . . .43 Lyck, Majbritt . . . . . . . . . . . . . . . . . . . . . .37 Lyon, David . . . . . . . . . . . . . . . . . . . . . . . .15

M Maclean, Alasdair . . . . . . . . . . . . . . . . . . .48 Macnaughton, Jane . . . . . . . . . . . . . . . . .49 Macneil, William . . . . . . . . . . . . . . . . . . . .47 Madeley, John . . . . . . . . . . . . . . . . . . . . . .16 Madhav, Roopa . . . . . . . . . . . . . . . . . . . . .32 Madsen, Frank . . . . . . . . . . . . . . . . . . . . .29 Magen, Amichai . . . . . . . . . . . . . . . . . . . .30 Making of a European Constitution, The . .17 Maritime Security . . . . . . . . . . . . . . . . . . .27 Markesinis, Basil . . . . . . . . . . . . . . . . . . . . .3 Marrison, Wayne . . . . . . . . . . . . . . . . . . .11 Martin-Ortega, Olga . . . . . . . . . . . . . . . . .39 Masahiro, Miyoshi . . . . . . . . . . . . . . . . . . .27 Matthews, Roger . . . . . . . . . . . . . . . . . . .56 Matulich, Serge . . . . . . . . . . . . . . . . . . . . . .2 McBeth, Adam . . . . . . . . . . . . . . . . . . . . .22 McBride, Cillian . . . . . . . . . . . . . . . . . . . . . .4 McConvill, James . . . . . . . . . . . . . . . . . . . .2 McDermont, Morag . . . . . . . . . . . . . . . . .55 McDonnell, Thomas . . . . . . . . . . . . . . . . .36 McGee, Andrew . . . . . . . . . . . . . . . . . . . . .5 McGillivray, Donald . . . . . . . . . . . . . . . . . .32 McGuire, Michael . . . . . . . . . . . . . . . . . . .11 McLean, Sheila . . . . . . . . . . . . . . . . . .48, 50 McNamara, Luke . . . . . . . . . . . . . . . . . . . .21 Mcveigh, Shaun . . . . . . . . . . . . . . . . . . . .29 Medicine, Malpractice and Misapprehensions . . . . . . . . . . . . . . . . .50 Menski, Werner . . . . . . . . . . . . . . . . . . . .16 Mercuro, Nicholas . . . . . . . . . . . . . . . . . . .25 Meszaros, George . . . . . . . . . . . . . . . . . . .35 Mialon, Hugo M. . . . . . . . . . . . . . . . . . . .25 Miettinen, Samuli . . . . . . . . . . . . . . . . . . . .6 Migration, Diasporas and Legal Systems in Europe . . . . . . . . . . . . . . . . . . . . . . . .16 Migration, Integration and Crime in Europe . .55 Milhaupt, Curtis . . . . . . . . . . . . . . . . . . . . .2 Millie, Andrew . . . . . . . . . . . . . . . . . . . . . .7 Minkkinen, Panu . . . . . . . . . . . . . . . . . . . .42 Mitchell, Catherine . . . . . . . . . . . . . . . . . . .5 Modern Cy-près Doctrine, The . . . . . . . . .42 Moens, Gabriel . . . . . . . . . . . . . . . . . . . . .23 Morgan, Rhiannon . . . . . . . . . . . . . . . . . .22 Mork Lomell, Heidi . . . . . . . . . . . . . . . . . .13 Morlino, Leonardo . . . . . . . . . . . . . . . . . .30 Morrison, Wayne . . . . . . . . . . . . . . . . . . .11 Mortensen, Jens . . . . . . . . . . . . . . . . . . . .33 Mossop, Joanna . . . . . . . . . . . . . . . . . . . .27 Mugambwa, John . . . . . . . . . . . . . . . . . . .23 Mulheron, Rachael . . . . . . . . . . . . . . . . . .42 Munro, Vanessa . . . . . . . . . . . . . . . . . . . .19 Murray, Andrew . . . . . . . . . . . . . . . . . . . .14 Muslims in the West after 9/11 . . . . . . . . .53

N Nationalism and Global Justice . . . . . . . . .38 Nazi War Crimes, US Intelligence and Selective Prosecution at Nuremberg . . . .38

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59

Neoliberalism and the Law in Post Communist Transition . . . . . . . . . . . . . .23 New Courts in Asia . . . . . . . . . . . . . . . . . . .4 New Governance and the European Strategy for Employment . . . . . . . . . . . .30 Nicholson, Pip . . . . . . . . . . . . . . . . . . . . . . .4 Niklas Luhmann: Law, Society, Justice . . . .43 Nomikoi Critical Legal Thinkers Series . .43, 44 Norms and Values in Law and Economics . .26 Norrie, Alan . . . . . . . . . . . . . . . . . . . .42, 45 Novel Judgments . . . . . . . . . . . . . . . . . . .47

O O’Donovan, Katherine . . . . . . . . . . . . . . .18 O’Malley, Pat . . . . . . . . . . . . . . . .10, 11, 13 O’Neill, Shane . . . . . . . . . . . . . . . . . . . . . . .4 O’Shaughnessy, Kate . . . . . . . . . . . . . . . .18 Okubo, Shiro . . . . . . . . . . . . . . . . . . . . . .38 Oliver, Dawn . . . . . . . . . . . . . . . . . . . . . . .21 Onuf, Nicholas . . . . . . . . . . . . . . . . . . . . .28 Oppen Gundhus, Helene . . . . . . . . . . . . .13 Origins of Criminology, The . . . . . . . . . . . .13 Other’s War, The . . . . . . . . . . . . . . . . . . . .45 Oxner, Sandra E. . . . . . . . . . . . . . . . . . . . .26

P Pahuja, Sundhya . . . . . . . . . . . . . . . . . . . .33 Palmer, Darren . . . . . . . . . . . . . . . . . . . . .15 Palmer, Vernon Valentine . . . . . . . . . . . . . .6 Parkes, Aisling . . . . . . . . . . . . . . . . . . . . .20 Patent Policy . . . . . . . . . . . . . . . . . . . . . . .26 Paterson, John . . . . . . . . . . . . . . . . . . . . .46 Pavlich, George . . . . . . . . . . . . . . . . . .12, 41 Peace Operations and International Criminal Justice . . . . . . . . . . . . . . . . . . .37 Peerenboom, Randall . . . . . . . . . . . . . .3, 21 Penal Populism . . . . . . . . . . . . . . . . . . . . .14 Perry Kesaris, Amanda . . . . . . . . . . . . . . .34 Petersen, Carole J. . . . . . . . . . . . . . . . . . .21 Philippopoulos-Mihalopoulos, Andreas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35, 43, 46 Phillips, Oliver . . . . . . . . . . . . . . . . . . . . . .19 Plantey, Alain . . . . . . . . . . . . . . . . . . . . . .37 Playing the Identity Card . . . . . . . . . . . . . .15 Plummer, Ken . . . . . . . . . . . . . . . . . . . . . .13 Police Corruption . . . . . . . . . . . . . . . . . . . .8 Political Economy of Desire, The . . . . . . . .33 Political Economy of Government Auditing, The . . . . . . . . . . . . . . . . . . . .34 Pratt, John . . . . . . . . . . . . . . . . . . . . . . . .14 Prenzler, Timothy . . . . . . . . . . . . . . . . . . . .8 Presdee, Mike . . . . . . . . . . . . . . . . . . .10, 11 Priaulx, Nicolette . . . . . . . . . . . . . . . . . . . .49 Price, David . . . . . . . . . . . . . . . . . . . . . . . .22 Private Law in Theory and Practice . . . . . . .5 Property . . . . . . . . . . . . . . . . . . . . . . . . . .31 Prostitution, Politics & Policy . . . . . . . . . . .56 Prum, Michel . . . . . . . . . . . . . . . . . . . . . .52 Pryor, Judith . . . . . . . . . . . . . . . . . . . . . . .45 Public Procurement in China . . . . . . . . . . .24 Punishment . . . . . . . . . . . . . . . . . . . . . . . .41 Punishment and Madness . . . . . . . . . . . . .11 Pure Economic Loss . . . . . . . . . . . . . . . . . .6

Q Quigley, John . . . . . . . . . . . . . . . . . . . . . .28 Quint, Peter E. . . . . . . . . . . . . . . . . . . . . . .3

R Race, Law, and American Society . . . . . . .52 Racial, Ethnic and Homophobic Violence . .19, 52


60

INDEX

Radicalization . . . . . . . . . . . . . . . . . . . . . .11 Rafter, Nicole H. . . . . . . . . . . . . . . . . . . . .13 Rajagopal, Balakrishnan . . . . . . . . . . . . . .28 Ramanathan, Usha . . . . . . . . . . . . . . . . . .32 Ramcharan, Bertrand G. . . . . . . . . . . . . . .22 Rasch, William . . . . . . . . . . . . . . . . . . . . .45 Ratifying European Union Treaties . . . . . . .17 Ratner, R.S. . . . . . . . . . . . . . . . . . . . . . . . .12 Recognition, Equality and Democracy . . . . .4 Regional Cooperation and International Organisations . . . . . . . . . . . . . . . . . . . .37 Regulating Social Housing . . . . . . . . . . . . .55 Regulation of Cyberspace, The . . . . . . . . .14 Regulation of the Voluntary Sector . . . . . .29 Religion, Politics and Law in the European Union . . . . . . . . . . . . . . . . . . . . . . . . . .16 Religious Discrimination and Hatred Law . .53 Reproductive Ethics and the Law . . . . . . .51 Re-thinking Intellectual Property . . . . . . . .24 Right to Development in International Law, The . . . . . . . . . . . . . . . . . . . . . . . .33 Right to Health, The . . . . . . . . . . . . . . . . .21 Right to Religious Freedom in International Law, The . . . . . . . . . . . . . .54 Rights and Wrongs of Land Restitution, The . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 Rights, Gender and Family Law . . . . . . . . .17 Rigney, Daryle . . . . . . . . . . . . . . . . . . . . . . .4 Risk and the Law . . . . . . . . . . . . . . . . . . .42 Risk, Uncertainty and Government . . . . . .11 Rock, Paul . . . . . . . . . . . . . . . . . . . . . . . . .54 Rödl, Florian . . . . . . . . . . . . . . . . . . . . . . .16 Rodriguez de las Heras Bellal, Teresa . . . . . .4 Rosenfeld, Michel . . . . . . . . . . . . . . . .46, 48 Rothwell, Donald R. . . . . . . . . . . . . . . . . .27 Routledge Advances in European Politics Series . . . . . . . . . . . . . . . . . . . . . . . . . .17 Routledge Advances in International Relations and Global Politics Series . . . .37 Routledge Advances in Sociology Series . .22 Routledge Handbook of International Law . .29 Routledge Law in Asia Series . . . . . . . .4, 13 Routledge Research in Competition Law Series . . . . . . . . . . . . . . . . . . . . . . . . . .24 Routledge Research in European Union Law Series . . . . . . . . . . . . . . . . . .6, 17, 30 Routledge Research in Finance and Banking Law Series . . . . . . . . . . . . . . . .25 Routledge Research in Human Rights Law Series . . . . . . . . . . . . . . . . . . . .21, 33 Routledge Research in Intellectual Property Series . . . . . . . . . . . . . . . .22, 24 Routledge Research in International Commercial Law Series . . . . . . . . . . . . .24 Routledge Research in International Law Series . . . . . . . . . . . . . . . . . . . . . . .22, 28 Routledge Research in Terrorism and the Law Series . . . . . . . . . . . . . . . . . . . . . . .36 Routledge Studies in Liberty and Security Series . . . . . . . . . . . . . . . . . . . . . . . . . .53 Routledge Studies in the Growth Economies of Asia Series . . . . . . . . . . . . . . . . . . . . .25 Routledge Studies on Democratising Europe Series . . . . . . . . . . . . . . . . . . . . .16 Routledge Transnational Crime and Corruption Series . . . . . . . . . . . . . . . . . . .38 Routledge/UACES Contemporary European Studies Series . . . . . . . . . . . . . . . . . . . .30 Routledge-Cavendish Research in Human Rights Law Series . . . . . . . . . . . . . . . . . .54 Rouvroy, Antoinette . . . . . . . . . . . . . . . . . .9 Rubin, Paul H. . . . . . . . . . . . . . . . . . . . . . .25 Rule of Law, The . . . . . . . . . . . . . . . . . . . .26 Rules, Rubrics and Riches . . . . . . . . . . . . .33 Russell Beattie, Amanda . . . . . . . . . . . . . .39 Russell, Kenneth V. . . . . . . . . . . . . . . . . . .57

S Salter, Michael . . . . . . . . . . . . . . . . . . . . .38 Samatas, Minas . . . . . . . . . . . . . . . . . . . . .12 Samuels, Warren . . . . . . . . . . . . . . . . . . . .26 Santiso, Carlos . . . . . . . . . . . . . . . . . . . . .34 Schiek, Dagmar . . . . . . . . . . . . . . . . . . . . .16 Schroeder, Jeanne Lorraine . . . . . . . . . . . .45 Schwenzer, Ingeborg . . . . . . . . . . . . . . . .23 Scolnicov, Anat . . . . . . . . . . . . . . . . . . . . .54 Scott Bray, Rebecca . . . . . . . . . . . . . . . . . .47 Security in Post Conflict Africa The Role of Non-State Policing . . . . . . . . . . . . . . .15 Seddon, Toby . . . . . . . . . . . . . . . . . . . .8, 11 Semikhodskii, Andrei . . . . . . . . . . . . . . . . .7 Serving Whose Interests? . . . . . . . . . . . . .24 Sex, Violence and Crime . . . . . . . . . . . . . .12 Sexuality and the Law . . . . . . . . . . . . . . . .19 Sexuality and the Politics of Rights in Southern Africa . . . . . . . . . . . . . . . . . . .19 Seymour, David . . . . . . . . . . . . . . . . . .38, 43 Shah, Prakash . . . . . . . . . . . . . . . . . . . . . .16 Shank, Adele . . . . . . . . . . . . . . . . . . . . . .28 Shapland, Joanna . . . . . . . . . . . . . . . . . . . .8 Shareholder Participation and the Corporation . . . . . . . . . . . . . . . . . . . . . . .2 Sharpe, Andrew Neville . . . . . . . . . . . . . . .41 Shearing, Clifford D. . . . . . . . . . . . . . . . .15 Sheikh, Saleem . . . . . . . . . . . . . . . . . . . . . .2 Shekel, Moshe . . . . . . . . . . . . . . . . . . . . . .2 Sherr, Avrom . . . . . . . . . . . . . . . . . . . . . . .57 Shoham, Shlomo Giora . . . . . . . . . . . .14, 15 Shptycki, James . . . . . . . . . . . . . . . . . . . . .11 Sidel, Mark . . . . . . . . . . . . . . . . . . . . . . . .29 Slapper, Gary . . . . . . . . . . . . . . . . . . . . . .57 Smith, Adam M. . . . . . . . . . . . . . . . . . . . .27 Smith, Melanie . . . . . . . . . . . . . . . . . . . . .17 Social Justice Series . . . . . . . . . . . . . . . . . .40 Social Movements, Law and the Politics of Land Reform . . . . . . . . . . . . . . . . . . .35 Solivetti, Luigi M. . . . . . . . . . . . . . . . . . . .55 South, Nigel . . . . . . . . . . . . . . . . . . . . . . .13 Sovereignty and its Discontents . . . . . . . . .45 Sovereignty, Knowledge, Law . . . . . . . . . .42 Spijker, Thomas . . . . . . . . . . . . . . . . . . . . .19 Sriram, Chandra Lekha . . . . . . . . . . . . . . .39 Starman, Hannah . . . . . . . . . . . . . . . . . . .36 State Violence and Human Rights . . . . . . .34 Stevens, Jacqueline . . . . . . . . . . . . . . . . . .28 Stolleis, Michael . . . . . . . . . . . . . . . . . . . .44 Strategies and Responses to Crime . . . . . . .8 Student Law Review . . . . . . . . . . . . . . . . .56 Stuttaford, Maria . . . . . . . . . . . . . . . . . . .21 Stychin, Carl . . . . . . . . . . . . . . . . . . . . . . .19 Sullivan, Dennis . . . . . . . . . . . . . . . . . . . . .14 Sullivan, John P. . . . . . . . . . . . . . . . . . . . .36 Sundberg, Kelly . . . . . . . . . . . . . . . . . . . . . .7 Support for Victims of Crime in Asia . . . . .13 Surveillance and Democracy . . . . . . . . . . .12 Sustainable Futures . . . . . . . . . . . . . . . . . .31 Sweeney, Brendan J. . . . . . . . . . . . . . . . . .24

T Taking Stock of Environmental Assessment . .32 Tambakaki, Paulina . . . . . . . . . . . . . . . . . .45 Tan, Kevin Y.L. . . . . . . . . . . . . . . . . . . . . . .3 Taplin, Ruth . . . . . . . . . . . . . . . . . . . . . . . .25 Technologies of InSecurity . . . . . . . . . . . . .13 Tehan, Maureen . . . . . . . . . . . . . . . . . . . .31 Testifying to Trauma . . . . . . . . . . . . . . . . .36 Thio, Li-ann . . . . . . . . . . . . . . . . . . . . .3, 27 Thomson, Michael . . . . . . . . . . . . . . . . . .46 Thurschwell, Adam . . . . . . . . . . . . . . . . . . .6 Tian, Xiaowen . . . . . . . . . . . . . . . . . . . . . . .2 Tian, YiJun . . . . . . . . . . . . . . . . . . . . . . . .24

Tifft, Larry . . . . . . . . . . . . . . . . . . . . . . . . .14 Timing of Income Recognition in Tax Law and the Time Value of Money, The . . . . .2 Tinnevelt, Ronald . . . . . . . . . . . . . . . . . . .38 Tomorrow’s Torts . . . . . . . . . . . . . . . . . . . .5 Trade Law . . . . . . . . . . . . . . . . . . . . . . . . .23 Transcending The Boundaries Of Law . . . .20 Transforming Corporate Governance in East Asia . . . . . . . . . . . . . . . . . . . . . . . . .2 Transnational and Comparative Criminology . . . . . . . . . . . . . . . . . . . . . .11 Transnational Organized Crime . . . . . . . . .29 Travers, Max . . . . . . . . . . . . . . . . . . . . . . .42 Turkey . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 Turner, Bryan Stanley . . . . . . . . . . . . .22, 51 Tutuncuoglu Krause, Serhat . . . . . . . . . . .36 Twigg-Flesner, Christian . . . . . . . . . . . . . . .5

Y Young, Alison . . . . . . . . . . . . . . . . . . . . . .15 Youngs, Raymond . . . . . . . . . . . . . . . . . . . .3

Z Zammit-Borda, Aldo . . . . . . . . . . . . . . . . .57 Zartaloudis, Thanos . . . . . . . . . . . . . . . . . .44 Zekos, Georgios I. . . . . . . . . . . . . . . . . . . .24 Zeller, Bruno . . . . . . . . . . . . . . . . . . . . . . .23 Zeno-Zencovich, Vincenzo . . . . . . . . . .3, 20

U UK Election Law . . . . . . . . . . . . . . . . . . . .54 Uncertain Risks Regulated . . . . . . . . . . . . .46 Understanding Law and Society . . . . . . . .42 United States, International Law and the Struggle against Terrorism, The . . . . . . .36 Urban Crime Prevention, Surveillance, and Restorative Justice . . . . . . . . . . . . . . . . . .8 Urbanization, Policing, and Security . . . . . .8 UT Austin Studies in Foreign and Transnational Law Series . . .3, 4, 5, 6, 20, 21

V Vagg, Jon . . . . . . . . . . . . . . . . . . . . . . . . . .7 Values in Medicine . . . . . . . . . . . . . . . . . .51 Valverde, Mariana . . . . . . . . . . . . . . . . . . .11 Van der Walt, Johan . . . . . . . . . . . . . . . . .45 Van Walsum, Sarah . . . . . . . . . . . . . . . . . .19 Veitch, Scott . . . . . . . . . . . . . . . . . . . . . . .41 Velluti, Samantha . . . . . . . . . . . . . . . . . . .30 Vereshchagin, Alexander . . . . . . . . . . . . . . .4 Visions of Violence . . . . . . . . . . . . . . . . . .15 Vogel, Mary . . . . . . . . . . . . . . . . . . . . . . .12 Voiculescu, Aurora . . . . . . . . . . . . . . . . . .57 Voruz, Veronique . . . . . . . . . . . . . . . . . . .11 Vos, Ellen . . . . . . . . . . . . . . . . . . . . . . . . .46

W Wallbank, Julie . . . . . . . . . . . . . . . . . . . . .17 Walters, Reece . . . . . . . . . . . . . . . . . . . . . .9 Wang, Ping . . . . . . . . . . . . . . . . . . . . . . . .24 War on Terrorism, The . . . . . . . . . . . . . . .38 War, Conflict and Human Rights . . . . . . . .39 War, Torture and Terrorism . . . . . . . . . . . .39 Wardak, Ali . . . . . . . . . . . . . . . . . . . . . . . .11 Wastell, Sari . . . . . . . . . . . . . . . . . . . . . . .36 Water Law for the Twenty-First Century . .32 Watson, Penelope . . . . . . . . . . . . . . . . . . . .5 Watt, Bob . . . . . . . . . . . . . . . . . . . . . . . . .54 Watts, Rob . . . . . . . . . . . . . . . . . . . . . . . .14 Weait, Matthew . . . . . . . . . . . . . . . . . . . .19 Webb, Julian . . . . . . . . . . . . . . . . . . . . . . .46 Weiss, Pia . . . . . . . . . . . . . . . . . . . . . . . . .26 Welfare’s Forgotten Past . . . . . . . . . . . . . .54 Williams, Glenys . . . . . . . . . . . . . . . . . . . .50 Williamson, Laura . . . . . . . . . . . . . . . . . . .50 Winn, Jane . . . . . . . . . . . . . . . . . . . . . . . .24 Winterdyk, John . . . . . . . . . . . . . . . . . . . . .7 Wolcher, Louis E. . . . . . . . . . . . . . . . . . . .45 Women and Immigration Law . . . . . . . . . .19 Woodman, Gordon . . . . . . . . . . . . . . . . . .42 Woolford, Andrew . . . . . . . . . . . . . . . . . .12 WTO, Governance and the Limits of Law .33

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