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Routledge

Research in Law and Law & Society New Titles and Key Backlist 2010

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Research in Law and Law & Society New Titles and Key Backlist 2010

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Complete Catalogue

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Company and Commercial Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Comparative Law and Legal Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Contract and Tort Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Criminal Law and Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Criminology and Governance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Economic Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 European Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Family Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Gender and Sexuality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Human Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Intellectual Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 International Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 International Relations, Politics, and Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Labour and Employment Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Land, Property, and Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Law, Geography, and the Environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Law, Globalization and International Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Law, Media, and Culture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Law, Information, and Technology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Legal Theory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Medical Ethics and Healthcare Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Race, Ethnicity, and Postcolonialism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Law and Religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Social Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Journals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Paperbacks Direct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Order Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Back of Catalogue

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compan y an d c omme rc i al l aw

COMPANY AND COMMERCIAL LAW

NEW

NEW

Facilitation of Credit and International Conventions and Instruments

Rethinking Corporate Governance The Law and Economics of Control Powers Alessio Pacces, Erasmus University, the Netherlands Series: Routledge Research in Corporate Law This book takes a comparative law and economics approach to the study of corporate governance. It looks at the overall impact of corporate law on separation of ownership and control across different jurisdictions, taking into account the contributions of economic theory, empirical research, and comparative corporate law to the analysis of corporate governance. This book reappraises the existing framework for economic analysis of corporate law. The standard approach to the legal foundations of corporate governance is based on the ‘law matters’ thesis, according to which corporate law promotes the separation of ownership and control by protecting minority shareholders from expropriation. Rethinking Corporate Governance takes a broader perspective on the economic and legal determinants of corporate governance. It shows that investor protection is a necessary, but not sufficient, legal condition for efficient separation of ownership and control. Supporting control powers vested in managers or controlling shareholders is at least as important as protecting investors from their abuse. Corporate law does not only matter in the last respect; it matters in both. Selected Contents: Part 1: Theory and Evidence on Corporate Law and Economics 1. Corporate Governance: Players and Problems 2. Comparative Corporate Governance: Facts 3. Agency Costs and Incomplete Contracts: Theory 4. Comparative Institutional Analysis: ’Law Matters’ Part 2: Rethinking Law ’Matters’ in a Theory of Private Benefits of Control 5. ’Law Matters’ Revisited: Private Benfits of Control 6. Control Matter Too: A Tale of Two Missions for Corporate Law Part 3: Corporate Law and Economics Revisited 7. Legal Distribution of Corporate Powers 8. Laws of Conflicted Interest Transactions I: Functional Analysis 9. Laws of Conflicted Interest Transactions II: Comparative legal Analysis 10. Regulation of Control Transactions I: Legal and Economic Framework 11. Regulation of Control Transactions II: How it is, How it Should be December 2010: 234 x 156: 432pp Hb: 978-0-415-56519-6: £95.00 For more information, visit: http://routledgelaw.com/9780415565196

International Secured Transactions Law

Orkun Akseli, Newcastle University, UK Series: Routledge Research in Finance and Banking Law International reform efforts to harmonise and modernize secured transactions law have gained pace with the globalization of markets. Harmonised modernization of secured transactions law is said to facilitate credit and promote economic activity by creating predictable rules. The book distils unifying principles of and considers relevant issues under international conventions on the assignment of receivables, international factoring, international interests in mobile equipment, EBRD Model Law on Secured Transactions, 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. Internationalisation of Secured Transactions Law and Facilitation of Credit 2. Harmonisation of Secured Transactions in Context 3. General Provisions of International Instruments 4. Effectiveness of Security Interests as between the Parties 5. Effectiveness of Security Interests Against Third Parties 6. Rights and Obligations of Parties Including Third Parties 7. Priority of a Security Right 8. Enforcement of Security Rights 9. Retention of Title (Acquisition Security Right) 10. Choice of Law Issues January 2010: 234 x 156: 342pp Hb: 978-0-415-48810-5: £75.00 For more information, visit: http://routledgelaw.com/9780415488105

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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co m pany an d commercial law

2

International Commercial and Marine Arbitration

NEW

Georgios I. Zekos, Democritus University of Thrace, Greece

Emilia Onyema, School of Oriental and African Studies, University of London, UK

Series: Routledge Research in International Commercial Law

Series: Routledge Research in International Commercial Law

International Commercial and Marine Arbitration analyzes and compares commercial-martime 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. 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 2008: 234 x 156: 560pp Hb: 978-0-415-46072-9: £80.00 eBook: 978-0-203-89520-7 For more information, visit: http://routledgelaw.com/9780415460729

International Commercial Arbitration and the Arbitrator’s Contract

This book examines the formation, nature and effect of the arbitrators’ contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyzes the formation of the arbitrator’s contract in both ad hoc and institutional references. It also examines the institution’s contract with the disputing parties and its effect on the arbitrator’s contract under institutional references. The book draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitrator’s contract is analyzed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America. The primary focus of the book is an analysis of the formation of the arbitrator’s contract and the terms of this contract and the institution’s contract. The primary question of the consequences (if any) of the breaches of the terms of these contracts and its impact on the exclusion or limitation of liability of arbitrators and institutions is also analyzed with the conclusion that since these transactions are contractual and the terms can be categorized as in any normal contract, then normal contractual remedies can be applied to the breaches of these terms. International Commercial Arbitration and the Arbitrator’s Contract will be of great value to arbitration practitioners and researchers in arbitration. It will also be very useful to students of arbitration on the topics of arbitrators and arbitration institution. Selected Contents: Introduction 1. Arbitration Agreement 2. Juridical and Relationship Theories 3. Parties to the Arbitrator’s Contract 4. Formation of the Arbitrator’s Contract 5. Terms of the Contracts 6. Remedies 7. Termination of the Contracts February 2010: 234 x 156: 256pp Hb: 978-0-415-49278-2: £75.00 eBook: 978-0-203-85991-9 For more information, visit: http://routledgelaw.com/9780415492782

Company and commercial law BACKLIST Title

Author

Date

Commercial and Business Organizations Edited by 2007 Law in Papua New Guinea John Mugambwa, Harrison Amomkwah, and C.E.P (Val) Haynes.

Format & ISBN

Price

Hb: 978-0-415-42532-2 Pb: 978-1-84568-048-0 eBook: 978-0-203-94517-9

£105.00 £59.99

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compan y an d c omme rc i al l aw

Takeovers and the European Legal Framework A British Perspective

NEW

The Reform of UK Personal Property Security Law

Jonathan Mukwiri, Buckinghamshire New University, UK

Comparative Perspectives

Since the implementation of the European Directive on Takeover Bids, a European common legal framework governs regulation of takeovers in EU Members States. The European Directive on Takeover Bids was adopted in April 2004, and implemented in the UK and in other Member States on 20th May 2006. The Directive seeks to regulate takeovers by way of protecting investors, and harmonizing takeover laws in Europe. In facilitating the restructuring of companies through takeovers, the Directive aims at reinforcing the free movement of capital.

There has been much discussion in the last ten years about the need to reform the law governing company charge registration, with many bodies including the Department of Trade and Industry and Law Commissions considering the case for reform of this area in the context of a wider scheme of personal property security reform. This has culminated in the coming into force of Part 25 of the Companies Act 2006, which is concerned with company charge registration.

Takeovers and the European Legal Framework studies the European Community Directive on Takeover Bids, in order to provide greater understanding of both the impact and effect of the European legal framework of takeover regulation. It firstly looks at the Directive from a British perspective, focusing on the impact of the transposition of the Takeover Directive into the UK. The book examines the provisions of the City Code on Takeovers and Mergers, and discusses the takeover provisions in the Companies Act 2006 that implement the Takeover Directive in the UK, arguing that the Directive will provide a new basis for UK takeover regulation, and that the system will work well. Jonathan Mukwiri goes on to consider the Directive in relation to the EU, arguing that despite its deficiencies, in that Member States are free to opt to restrict takeovers, the Directive provides a useful legal framework by which takeovers are regulated in different jurisdictions. Mukwiri highlights how the freedoms of the EC Treaty and EU Directives interact, and the effects of the Takeover Directive on political considerations in the law-making process in European Community. Moreover, he argues that the future of EU takeover regulation is likely to follow the lead of the UK, making this book relevant to a wide range of policy makers and academics across Europe. Selected Contents: 1. Legal Framework of Takeover Regulation 2. The Myth of Tactical Litigation in UK Takeovers 3. EC Regulatory Objective I – Shareholders 4. Directors’ Duties and Takeover Regulation 5. Regulation of EC Cross-Border Takeovers 6. EC Regulatory Objective II – Harmonisation 7. Takeovers and Free Movement of Capital 2009: 234 x 156: 200pp Hb: 978-0-415-49157-0: £80.00 eBook: 978-0-203-87710-4 For more information, visit: http://routledgelaw.com/9780415491570

Edited by John de Lacy, University of Sheffield, UK

This major new book features the work of international experts on personal property security law. It focuses on the reform of UK company charge law and argues that the Companies Act 2006 did not go far enough in reforming the law. It addresses the question as to whether the UK should follow the lead of other jurisdictions that have adopted US Article 9 type personal property security schemes. As well as considering current UK law the book also addresses the changes proposed by the Law Commissions and, despite current government inaction, considers whether these reform proposals should be adopted. The book contains major international comparisons and, in particular, looks at law reform in the USA, Canada, Australia, New Zealand, Singapore and Europe. This comparative treatment gives the reader a full perspective on this difficult and constantly developing area of law. Selected Contents: 1. The Evolution and Regulation of Security Interests over Personal Property in English Law, John De Lacy 2. Pressured By The Paradigm: The Law Commission And Company Security Interests, Gerard Mccormack 3. A Canadian Academic’s Reactions To The Law Commission’s Proposals, Jacob Ziegel 4. What Is Wrong With The Law Of Security? Richard Calnan 5. Exceptions to the Nemo Dat Rule in Relation to Goods and the Law Commission’s Proposals In The Consultative Report, Louise Gullifer 6. Securities Collateral, Joanna Benjamin 7. Security Over Moveables in Scots Law, George Gretton 8. Security Interests in Intellectual Property, Jacqueline Lipton 9. Technology-Based Small Firms and The Commodification Of Intellectual Property Rights, Iwan Davies 10. The New Zealand Personal Property Securities Act 1999, David Brown 11. Personal Property Security Law Reform in Australia: History, Influences, Themes and the Future, Simon Fisher 12. Personal Property Security Interests in Singapore, Yock Lin Tan 13. Basic Issues of European Rules on Security In Movables, Ulrich Drobnig 14. Key Policy Issues of The Uncitral Draft Legislative Guide On Secured Transactions, Spiros Bazinas 2009: 234 x 156: 540pp Hb: 978-1-85941-891-8: £70.00 eBook: 978-0-203-86512-5 For more information, visit: http://routledgelaw.com/9781859418918

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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co m pany an d commercial law

4

The Timing of Income Recognition in Tax Law and the Time Value of Money A Comparative and Empirical Study Dr. Moshe Shekel, Shekel and Co Law Offices, Israel

Time itself creates advantages and disadvantages in the field of taxation. The timing of the recognition of income and expenses for tax purposes has two main implications: firstly, for the timing of the collection of tax, and secondly, for the question of quantification, i.e., how to ensure that the difference between the timing of the recognition of income or expenses, as opposed to the respective dates on which the amounts are actually received or paid, does not distort the determination of the amount of chargeable income.

The time component is a weapon in the confrontation between the opposing motivations of the taxpayers and the tax authorities. In any given fiscal year, taxpayers seek to present a minimal picture of their chargeable income, by ’deferring’ the recognition of income or ’advancing’ the recognition of expenses. As opposed to this, the tax authorities adopt the opposite strategy: maximizing taxable ’profit’ in any given year. This book critically examines the various approaches that have been adopted in the tax systems in the UK, the US and Israel in relation to the timing of income recognition and expenses for tax purposes. It suggests an innovative tax model that identifies the advantages that arise to the taxpayer as a result of the differences between the timing of the recognition of income and expenses, and the timing of the receipt of the revenue or the payment of a liability, and taxes only that advantage. Selected Contents: 1. Introduction 2. Accounting Background 3. Tax Values 4. Between GAAP and Fiscal Accounting 5. Timing of Recognition of Income from Deposits 6. Timing of Recognition of Income from Advances 7. Timing of the Deduction of Future Expenses 8. Alternative Models 2009: 234 x 156: 368pp Hb: 978-0-415-47754-3: £80.00 eBook: 978-0-203-87967-2 For more information, visit: http://routledgelaw.com/9780415477543

COMPARATIVE LAW AND LEGAL SYSTEMS Evolution of a Revolution Forty Years of the Singapore Constitution Edited by Li-ann Thio, National University of Singapore and Kevin Y.L. Tan 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. 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: Forty Years of Singapore Constitutional Scholarship 10. In Search of the Singapore Constitution: Retrospect and Prospect 2008: 234 x 156: 408pp Hb: 978-0-415-43862-9: £85.00 eBook: 978-0-203-88578-9 For more information, visit: http://routledgelaw.com/9780415560017

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


compar ative law and l e gal syst e ms

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 Bringing together a well-respected team of commentators, this revised and updated edition examines the legal, social and political developments that have taken place in Australia since the publication of the last edition. Selected Contents: The Impact of Colonization. Self-Determination Reconciliation and the State Constitution. Human Rights and the Indigenous People. Intellectual Property and the Dreaming. Petrol Sniffing. Aboriginal Women and the Law. Crime and Sentencing. Indigenous Governance and the Crown. A Reflection. Stolen Generations/Aboriginal Children in State Care. Accounting for Customary Law within the Common Law. Land Rights, Native Title and Indigenous Land Use Agreements. Reconciliation in Contemporary Australia. The Future for Self-Determination. Water Rights. Cultural Heritage and Repatriation 2008: 234 x 156: 288pp Hb: 978-1-876905-39-2: £80.00 eBook: 978-0-203-92796-0 For more information, visit: http://routledgelaw.com/9781876905392

Introduction to Spanish Private Law

NEW

Public Interest Litigation in Asia

Facing the Social and Economic Challenges

Edited by Po Jen Yap, University of Hong Kong and Holning Lau, University of North Carolina, USA

Teresa Rodriguez de las Heras Ballell, Universidad Carlos III de Madrid, Spain Series: UT Austin Studies in Foreign and Transnational Law Introduction to Spanish Private Law presents a consolidated, modern, and realistic image of today’s Spanish private legal system. It combines both civil 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. This book attempts to provide the readers with the necessary legal instruments to tackle the real problems arising from a globalized modern society. 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

Surveying many of the important jurisdictions in Asia including Mainland China, Hong Kong, Taiwan, Singapore, Malaysia, India, South Korea and the Philippines, this book addresses the recent developments and experiences in the field of public interest litigation. The book offers a comparative perspective on an important aspect of public law asking crucial questions about the role of the state and how private citizens around Asia have increasingly used the forms, procedures and substance of public law to advance public and political aims. Selected Contents: Part 1: Public Interest Litigation in Greater China Part 2: Public Interest Litigation in other Asian Regions Part 3: Topical Issues on Public Interest Litigations in Asia September 2010: 234 x 156: 256pp Hb: 978-0-415-57781-6: £75.00 For more information, visit: http://routledgelaw.com/9780415577816

2009: 234 x 156: 288pp Hb: 978-0-415-44613-6: £75.00 eBook: 978-0-203-87315-1 For more information, visit: http://routledgelaw.com/9780415446136

Comparative law and legal systems BACKLIST Title

Author

Date

Civil Disobedience and the German Courts Edited by Peter E. Quint 2007 Italian Private Law Edited by Guido Alpa 2007 Introduction to South Pacific Law 2nd Ed Edited by Jennifer Corrin and 2007 Don Paterson Judical Law-Making in Post-Soviet Russia Edited by Alexander Vereshchagin 2007

Format & ISBN

Price

Hb: 978-0-415-44285-5 eBook: 978-0-203-93300-8 Hb: 978-1-84472-051-4 eBook: 978-0-203-94505-6 Pb: 978-1-84568-039-8 eBook: 978-0-203-92779-3

£100.00

Hb: 978-1-84472-110-8 Pb: 978-1-84472-111-5 eBook: 978-0-203-94519-3

£85.00 £34.99

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

£80.00 £49.99

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co ntract an d tort law

6

CONTRACT AND TORT LAW

NEW

NEW

Tomorrow’s Torts

Pure Economic Loss

Human Rights and the Protection of Privacy in Tort Law A Comparison between English and German Law

New Horizons in Comparative 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. 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 across the world including the USA, Canada, Japan, South Africa and Denmark. Selected Contents: Preface Part 1 1. Introduction 2. The Liability Systems – A functional Ordering Part 2 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

Advanced Comparative Perspectives Penelope Watson, Macquarie University, Australia

Hans-Joachim Cremer, University of Mannheim, Germany Series: UT Austin Studies in Foreign and Transnational Law In its case law, the European Court of Human Rights has acknowledged that national courts are bound to give effect to Article 8 of the European Convention of Human Rights (ECHR) which sets out the right to private and family life, when they rule on controversies between private individuals. Article 8 of the ECHR has thus been accorded Drittwirkung or ‘third-party’ effect in private law relationships.

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.

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?

Selected Contents: 1. Elements of Defamation, Freedom of Speech 2. Defences to Defamation, Remedies 3. Human Rights and Tort: Privacy 4. Privacy (Continued) 5. Sexual Injury: Harassment, Nuisance, Wilkinson v Downton 6. Sexual Injury: Abuse/Incest, Battery, Fiduciary Duty, Liability of Third Parties 7. Schools/Workplaces: Negligence – Bullying 8. Schools: Negligence – Educational Malpractice 9. Wrongful Life, Wrongful Birth, Duties to Unborn 10. Toxic Torts: Therapeutic Goods. DES Cases, Prenatal and Preconception Injury, Novel Theories of Causation 11. Toxic Torts: Consumer Goods. Tobacco Litigation, Addiction and Volenti, Ethical Issues for Lawyers 12. Toxic Torts: Mass Tort Litigation/Class Actions, Ethical Issues, Future Trends

April 2010: 234 x 156: 160pp Hb: 978-0-415-47704-8: £65.00

July 2010: 234 x 156: 750pp Hb: 978-1-876905-37-8: £75.00

For more information, visit: http://routledgelaw.com/9780415477048

For more information, visit: http://routledgelaw.com/9781876905378

This book considers how English courts could possibly use and adapt structures adopted by the German legal order in response to rulings from the European Court of Human Rights, to strengthen the protection of privacy in the private sphere.

2008: 216 x 138: 344pp Hb: 978-0-415-77564-9: £85.00 eBook: 978-0-203-88883-4 For more information, visit: http://routledgelaw.com/9780415775649

Contract and tort law BACKLIST Title

Author

Date

Interpretation of Contracts Edited by Catherine Mitchell 2007

Format & ISBN

Price

Hb: 978-0-415-44777-5 Pb: 978-1-84568-044-2 eBook: 978-0-203-94520-9

£75.00 £29.99

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


Crimin al l aw an d ev i de n c e

The Europeanisation of Contract Law Christian Twigg-Flesner, University of Hull, UK Series: Current Controversies in Law Providing an overview of the current debates about the ‘Europeanisation’ of contract law, this book charts how much English contract law has been subject to this activity. It is an ideal volume for those who wish to quickly grasp the main issues. 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 2008: 216 x 138: 232pp Hb: 978-0-415-46592-2: £75.00 Pb: 978-1-84568-050-3: £22.99 eBook: 978-0-203-92700-7 For more information, visit: http://routledgelaw.com/9781845680503

CRIMINAL LAW AND EVIDENCE NEW

Binding Men Nineteenth Century Criminal Cases and the Policing of Masculinity Lois Bibbings, University of Bristol, UK Binding Men investigates nineteenth century notions of masculinity. It examines a number of nineteenth century criminal cases, focusing upon theoretical themes relating to masculinity and the state in order to offer a way of reading past decisions as well as a means of analyzing nineteenth century attitudes in society and the courts. This book combines traditional legal analysis with a more socio-legal and social historical approach. Drawing upon a variety of sources including trial transcripts, law reports, official correspondence and newspaper stories, Binding Men unpicks the narratives of masculinity which the 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

NEW

Child Pornography Law and Policy Alisdair A Gillespie, De Montfort University, UK Child Pornography draws on interdisciplinary work in order to critically address the law relating to child pornography. These studies provide the basis for a greater understanding of the nature of child pornography, as well as the profiles and behaviour of those who access or produce such material. Child Pornography: Law and Policy brings this wider literature to bear on the legal and policy frameworks relating to child pornography, questioning both the appropriateness and the effectiveness of the law in this context. Selected Contents: 1. Introduction 2. What is Child Pornography? 3. Non-Image-Based Child Pornography 4. Indecent Photographs of Children 5. Virtual Child Pornography 6. The International Dimension 7. Young People and Child Pornography 8. Contact Offending 9. Policing Child Pornography 10. Sentencing Offenders 11. The Victim 12. Conclusions February 2011: 234 x 156: 240pp Hb: 978-0-415-49987-3: £70.00 For more information, visit: http://routledgelaw.com/9780415499873

February 2011: 234 x 156: 208pp Hb: 978-1-904-38541-7: £70.00 For more information, visit: http://routledgelaw.com/9781904385417

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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C rim ina l law an d eviden ce

8

NEW

NEW

Criminal Law and Policy in the European Union

Genocide, State Crime, and the Law

Samuli Miettinen, University of Salford, UK Series: Routledge Research in European Union Law This book takes stock of the development of criminal law in the context of the European Community and the European Union, 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. The work reflects on the interaction between the law of the European Community and national criminal law since the signing of the Treaty of Rome and proceed to consider the prospects of criminal law enacted at the European level against this framework of historical development. 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

In the Name of the State Jennifer Balint, University of Melbourne, Australia Genocide, State Crime and the Law argues that genocide and other forms of state crime must be located in relation to cultural, political and legal processes if they are to be properly understood and addressed. Discussing a series of case studies of genocide – in Armenia, Nazi Germany, Cambodia, South Africa, Ethiopia, Rwanda and the former Yugoslavia – the book is oriented towards two post-conflict problems: how to address the institutional dimensions of the harm perpetrated, and to what extent law can lay claim to being a re-constitutive actor. Such occurrences of genocide are regularly considered as an event that is disconnected from the particular character of the society in which it occurs. But it is with reference to their distinct cultural, political and legal contexts that, Jennifer Balint maintains, genocide must be approached. It is not, she argues, new institutions that are needed; but a new approach to addressing genocide and state crime – one that takes into consideration its broader social, historical and institutional dimensions. Only then is it possible to understand the limits and the potential of post-conflict political-legal processes. Selected Contents: 1. Conceptualising Genocide and State Crime 2. The Toleration of Harm: Law and Perpetration 3. Cutting off the Old, Envisaging the New: Law and Redress 4. Accountability and Responsibility: Addressing Institutions 5. Bringing Us All Together: Law and Reconciliation 6. Law and the Constitution of State Crime and Genocide August 2010: 234 x 156: 224pp Hb: 978-0-415-54381-1: £75.00 For more information, visit: http://routledgelaw.com/9780415543811

July 2010: 234 x 156: 256pp Hb: 978-0-415-47426-9: £65.00 For more information, visit: http://routledgelaw.com/9780415474269

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


Crimin al l aw an d ev i de n c e

NEW

NEW

2nd Edition

Honour, Violence, Women and Islam

Internet Child Abuse: Current Research and Policy

Psychiatry in Law/ Law in Psychiatry

Edited by Mohammed Idriss, Tahir Abbas and Ross Abbinnett, both at University of Birmingham, UK This intriguing book provides a collection of papers examining the concept of honour related violence against Muslim women. Honour violence has gained increasing media attention. This phenomenon has been prevalent in numerous societies for many years, but – within the global context of Islamophobia, especially in the UK and the USA – there is now an increased concern with this phenomenon amongst Western societies. This book aims to provide the reader with a clear understanding of what is meant by honour violence, and to pursue a socio-legal explanation of what motivates it. Offering a distinctively comparative discussion of honour related violence, this book presents an examination of the phenomenon in the UK, in a number of non-Muslim dominated societies (including Sweden, India and Africa), as well as traditional Muslim countries (including Iran, Jordan, Pakistan and Turkey). It also addresses the various policies and strategies that have been employed in order to combat honour violence, as well as offering proposals to stimulate further discussion of legal and social reform. Selected Contents: Part 1: Honour, Violence, Women and Islam Part 2: Honour, Violence and Muslim Women in the United Kingdom Part 3: Honour Violence: An International Female Muslim Perspective Part 4: Reform June 2010: 234 x 156: 240pp Hb: 978-0-415-56542-4: £75.00 For more information, visit: http://routledgelaw.com/9780415565424

Edited by Julia Davidson, Kingston University, UK and Petter Gottschalk, Norwegian School of Management, Oslo Internet Child Abuse: Current Research and Policy provides a timely overview of international policy, legislation and offender treatment practice in the area of Internet child abuse. Internet use has grown considerably over the last five years. There is however, increasing evidence that the internet is used by some adults to access children and young people in order to ’groom’ them for the purposes of sexual abuse; as well as to produce and distribute indecent illegal images of children. This book presents and assesses the most recent and current research on internet child abuse, addressing: its nature, the behaviour and treatment of its perpetrators, international policy, legislation and protection; and policing. Selected Contents: 1. Internet Child Abuse: Overview and Context 2. International Policy and Legislation 3. Characteristics of the Internet and Child Abuse 4. International Moves to Protect Children Online and Educational Awareness Programmes 5. Understanding the Perpetrators: Online Behaviour 6. Policing the Internet: Management and Risk Assessment of Internet Offenders 7. New Treatment Approaches with Internet Offenders 8. Conclusions: Moving Forward – Implications for Policy, Treatment and Policing Practice

Ralph Slovenko, Wayne State University, USA

Psychiatry in Law/Law in Psychiatry, is a sweeping, up-to-date examination of the infiltration of psychiatry into law and the growing intervention of law into psychiatry. Unmatched in breadth and coverage, and thoroughly updated from the first editon, this comprehensive text and reference is an essential resource for psychiatry residents, law students, and practitioners alike. Selected Contents: Psychiatry in Law Part 1: Expert Testimony Part 2: Evidentiary Issues Part 3: Criminal Cases Part 4: Sexual Deviation Part 5: Civil Cases. Law in Psychiatry Part 1: Hospitalization of the Mentally Ill Part 2: Psychiatric Malpractice 2009: 246 x 174: 618pp Hb: 978-0-415-99491-0: £108.00 eBook: 978-0-203-88616-8 For more information, visit: http://routledgelaw.com/9780415994910

September 2010: 234 x 156: 192pp Hb: 978-0-415-55980-5: £70.00 For more information, visit: http://routledgelaw.com/9780415559805

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

9


C rim ina l law an d eviden ce

10

NEW

NEW

Rethinking Rape Law

The Right to Silence

Transnational Organized Crime

International and Comparative Perspectives

Principle, Pragmatism and Policy Making

Frank Madsen, University of Cambridge, UK

Edited by Clare McGlynn, Durham University, UK and Vanessa E. Munro, King’s College London, University of London, UK

Hannah Quirk, University of Manchester, UK

Series: Global Institutions

Rethinking Rape Law: International and Comparative Perspectives provides a comprehensive and critical analysis of contemporary rape laws, across a range of jurisdictions. In a context in which there has been considerable legal reform of sexual offences, Rethinking Rape Law engages with developments spanning national, regional and international frameworks. It is only when we fully understand the differences between the law of rape in times of war and in times of peace, between common law and continental jurisdictions, between societies in transition and societies long inured to feminist activism, that we are able to understand and evaluate current practices, with a view to change and a better future for victims of sexual crimes. Written by leading authors from across the world, this is the first authoritative text on rape law that crosses jurisdictions, examines its conceptual and theoretical foundations, and sets the law in its policy context. Selected Contents: Part 1: Conceptual and Theoretical Engagements Part 2: International and Regional Perspectives Part 3: National Perspectives Part 4: New Agendas and Directions April 2010: 234 x 156: 336pp Hb: 978-0-415-55027-7: £80.00 eBook: 978-0-203-85219-4 For more information, visit: http://routledgelaw.com/9780415550277

This book provides the first comprehensive, empirically-based analysis of the effects of curtailing the right to silence. The analysis here focuses upon the effects of the Criminal Justice and Public Order Act 1994 in England and Wales. There, curtailing the right to silence was advocated in terms of ‘common sense’ policy-making and was achieved by an eclectic borrowing of concepts and policies from other jurisdictions. The implications of curtailing this right are here explored in detail with reference to the UK, but within a comparative context that examines how different ‘types’ of legal system regard the right to silence and the effects of constitutional protection. Selected Contents: Part 1: Principles versus Pragmatism A ‘Benchmark of Justice?’. A Crime Control Target Part 2: The Right to Silence in Practice The Criminal Justice and Public Order Act 1994. The Right to Silence and Cop Culture. The Right to Silence and the Realities of Legal Representation. The Right to Silence and the Courts. Part 3: Policy Making; Criminal Justice and ‘Common Sense’ Policy Making Conclusions – The Right to Silence: Why the Debate Must Continue July 2010: 234 x 156: 224pp Hb: 978-0-415-54771-0: £70.00 For more information, visit: http://routledgelaw.com/9780415547710

With organized crime estimated to generate billions of dollars every year through illegal activities such as money laundering, smuggling of people and goods, extortion, robbery, fraud and insider trading, authorities are increasingly working together to combat this increasing threat to international security and stability. In this book former police officer Frank Madsen provides a much needed, short and accessible introduction to transnational organized crime, explaining its history and the key current issues and clearly examining the economics and practices of crime in the era of globalization. Illustrated by a series of researched case studies from around the world, Transnational Organized Crime is essential reading for all students and researchers in International Relations, International Law and Criminology. Selected Contents: 1. Taxonomy 2. History and Development of Concept of Organized Crime 3. The Transnational Crimes 4. Transnational Crime and Terrorism 5. The Economics of Transnational Organized Crime 6. Initiatives Against Transnational Crime 7. Critical Issues and Future Trends 8. Conclusion 2009: 216 x 138: 144pp Hb: 978-0-415-46498-7: £65.00 Pb: 978-0-415-46499-4: £14.99 eBook: 978-0-203-87582-7 For more information, visit: http://routledgelaw.com/9780415464994

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


Crimin ology an d g ov e r n aN c e

CRIMINOLOGY AND GOVERNANCE NEW

Drugs, Crime and Public Health Alex Stevens, European Institute of Social Services, University of Kent, UK Drugs, Crime and Public Health provides an accessible but critical discussion of recent policy on illicit drugs. Using a comparative approach – centred on the UK, but with insights and complementary data gathered from the USA and other countries – it argues that problematic drug use can only be understood in the social context in which it takes place, a context which it shares with other problems of crime and public health. The book demonstrates the social and spatial overlap of these problems, examining the focus of contemporary drug policy on crime reduction. This focus, Alex Stevens contends, has made it less, rather than more, likely that long-term solutions will be produced for drugs, crime and health inequalities. And he concludes, through examining competing visions for the future of drug policy, with an argument for social solutions to these social problems. Selected Contents: 1. Introduction 2. Crime, Drugs and Public Health Problems as ’Afflictions of Inequality 3. Survival of the Ideas that Fit: The Use of Evidence in Crime and Drug Policy 4. The Exaggeration of the Drug-Crime Link 5. Tough on Crime, Tough on Drug Users 6. Coercing Drug Users: A Solution to Drug-Related Crime? 7. International Perspectives 8. Alternative Futures August 2010: 234 x 156: 224pp Hb: 978-0-415-49104-4: £70.00 For more information, visit: http://routledgelaw.com/9780415491044

NEW

NEW

A History of Drugs

Eco Crime and Genetically Modified Food

Drugs and Freedom in the Liberal Age Toby Seddon, University of Manchester, UK

Why are some psychoactive substances regarded as ‘dangerous drugs’, to be controlled by the criminal law within a global prohibition regime, whilst others are seen and regulated very differently? A History of Drugs traces a genealogy of the construction and governance of the ‘drug problem’ over the past 200 years: calling into question some of the most fundamental ideas in this field: from ‘addiction’ to the very concept of ‘drugs’. At the heart of the book is the claim that it was with the emergence in the late eighteenth century of modern liberal capitalism, with its distinctive emphasis on freedom, that our concerns about the consumption of some of these substances began to grow. And, indeed, notions of freedom, free will and responsibility remain central to the drug question today.

Selected Contents: 1. Introduction: Drugs, Freedom and Liberalism 2. A Conceptual Map: Freedom, the ‘Will’ and Addiction 3. Opium, Regulation and Classical Liberalism: The Pharmacy Act 1868 4. Drugs, Prohibition and Welfarism: The Dangerous Drugs Act 1920 5. Drugs, Risk and Neo-Liberalism: The Drugs Act 2005 6. Drugs as a Regulation and Governance Problem 7. Conclusions: Drugs and Freedom in the Liberal Age 2009: 234 x 156: 192pp Hb: 978-0-415-48027-7: £70.00 eBook: 978-0-203-88083-8

Reece Walters, The Open University, UK

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. 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. July 2010: 234 x 156: 200pp Hb: 978-1-904385-22-6: £70.00 For more information, visit: http://routledgelaw.com/9781904385226

For more information, visit: http://routledgelaw.com/9780415480277

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

11


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12

NEW

Contemporary Perspectives on Life After Punishment Escape Routes Edited by Stephen Farrall, University of Sheffield, UK, Richard Sparks, University of Edinburgh, UK, Shadd Maruna, Queen’s University Belfast, UK and Mike Hough, Kings College London, UK Contemporary Perspectives on Life After Punishment addresses the reasons why people stop offending, and the processes by which they are rehabilitated or resettled back into the community; engaging with, and building upon, renewed criminological interest in this area, it nevertheless broadens and enlivens the current debate. Selected Contents: Part 1: Thinking about Life after Punishment Contemporary Research on Desistance from Crime Part 2: New Theorising on the Processes of Desistance Reflections on Conformity and desistance Understanding Desistance: A theory of Negotiated Order Inside-Out – Transitions From Prison To Every Day Life: A Qualitative Longitudinal Approach, Biographies of Exclusion and Paths to Inclusion: Understanding Marginalised Young People’s Criminal Careers Applying Redemption Through Film: Challenging the Sacred-Secular Divide Part 3: The Experiences of Specific Groups of ‘the Punished’ Life After Punishment for Nazi War Criminals: Normative Balance and Integration The Reintegration of Sexual Offenders: From a ‘Risks’ to a ‘Strengths-Based Model of Offender Resettlement’ Capitalising On Punishment: Subjugated Knowledges, State Power and the Annihilation Of Condemned Women Desistance from Crime Amongst Ethnic Minorities October 2010: 234 x 156: 224pp Hb: 978-0-415-55034-5: £70.00 For more information, visit: http://routledgelaw.com/9780415550345

Existentialist Criminology Edited by Don Crewe, Roehampton University, UK and Ronnie Lippens, Keele University, UK

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. Selected Contents: Introduction. Existentialism: Freedom, Being and Crime, D. Crewe and R. Lippens 1. Will to Self Consummation and Will to Crime: A Study in Criminal Motivation, D. Crewe 2. Being Accused, Becoming Criminal, G. Pavlich 3. Biaphobia, State Violence, and the Definition of Violence, W. Schinkel 4. Existentialism, Edgework, and the Contingent Body: Exploring the Criminological Implications of Ultimate Fighting, S. Lyng, R. Matthews, and W. Miller 5. Scrounging: Time, Space, and Being, J. Ferrell 6. White-Collar Offenders After the Fall from Grace. Stigma, Blocked Paths and Resettlement, B. Hunter 7. ‘We Just Live Day-to-Day’. A Case Study of Life after Release Following Wrongful Conviction, S. Farrall 8. The Seductions of Conformity. The Criminological Importance of a Phenomenology of Exchange, S. Mackenzie 9. Existentialism and the Criminology of the Shadow, B. Arrigo and C. Williams 10. Towards Existential Hybridization? A Contemplation on the Being and Nothingness of Critical Criminology, R. Lippens 2008: 234 x 156: 320pp Hb: 978-0-415-46771-1: £75.00 eBook: 978-0-203-88265-8 For more information, visit: http://routledgelaw.com/9780415467711

Fear of Crime Critical Voices in an Age of Anxiety Edited by Murray Lee, University of Sydney, Australia and Stephen Farrall, University of Keele, UK

Why is fear of crime so rife in society today? The government and media have ploughed money and resources into surveys and initiatives to find out. As a concept, ’fear of crime’ has produced considerable academic debate, and this book brings together a collection of new and cutting edge articles from key scholars in criminology which question the orthodoxy of ’fear of crime’ models. Selected Contents: 1. Criticial Voices in an Age of Anxiety: A Re-Introduction to the Fear of Crime 2. The ‘Moral Panic’ That Wasn’t: The Sixties Crime Issue in the US 3. The Enumeration Of Anxiety: Power, Knowledge and Fear Of Crime 4. Critical Geopolitics and Everyday Fears 5. Preventing Indeterminate Threats: Fear, Terror, and the Politics of Pre-Emption 6. Being Feared: Masculinity and Race in Public Space 7. Untangling the Web: Deceptive Responding in Fear of Crime Research 8. Anxiety, Defensiveness and the Fear of Crime 9. Bridging the Social and the Psychological in the Fear of Crime 10. State-Trait Anxiety and Fear of Crime: A Social Psychological Perspective 11. Revisiting Fear of Crime in Bondi and Marrickville: Sense of Community and Perceptions of Safety 12. Critical Voices in an Age of Anxiety: Ending with the Identification of Where to Begin... 2008: 234 x 156: 232pp Hb: 978-0-415-43691-5: £90.00 Pb: 978-0-415-43692-2: £29.99 eBook: 978-0-203-89440-8 For more information, visit: http://routledgelaw.com/9780415436922

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


Crimin ology an d g ov e r n aN c e

NEW

NEW

NEW

Foucault and Criminology

Framing Crime

Penal Power and Colonial Rule

An Introduction Veronique Voruz, University of Leicester, UK This book provides an introduction to Michel Foucault, written from the perspective of criminology’s engagement with his work. 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. It also traces 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. Selected Contents: 1. Mapping ‘Foucauldian’ Criminology 2. ’Questions of Method’ 3. Rationalities of Power and Strategies of Government 4. Dangerousness, Risk, Security 5. A Critical Engagement with Foucauldian Criminology 6. Foucauldian Criminology as Political Project? May 2010: 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 For more information, visit: http://routledgelaw.com/9780415460415

Cultural Criminology and the Image Edited by Keith Hayward, University of Kent, UK and the late Mike Presdee, formerly of the 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 makes sense of the increasingly blurred line between the real and the virtual. Selected Contents: 1. Opening the Lens: Cultural Criminology and the Image 2. Crime, Punishment and the Force of Photographic Spectacle 3. The Decisive Moment: Documentary Photography and Cultural Criminology, 4. Hindley’s Ghost: The Visual Deconstruction of Maxine Carr 5. Screening Crime: Cultural Criminology Goes to the Movies 6. The Scene of the Crime: Is there Such a Thing as ‘Just Looking’? 7. Imagining the ‘War on Terror’: Fiction, Film, and Framing 8. Framing the Crimes of Colonialism: Critical Images of Aboriginal Art and Law 9. ‘Drive it Like You Stole It’: Cultural Criminology, Images and Automobiles in Advertisements 10. Staging an Execution: The Media at McVeigh 11. Fighting with Images: The Production and Consumption of Violence Among Online Football Supporters 12. A Reflected Gaze of Humanity: Cultural Criminology and Images of Genocide

Mark Brown, Melbourne University, Australia Proposing a radical revision of the Foucauldian thesis, Penal Power and Colonial Rule argues that Foucault’s alignment of sovereign, disciplinary and governmental power will need to be re-read and re-balanced to account for its operation in the colonial sphere. 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 October 2010: 234 x 156: 208pp Hb: 978-0-415-45213-7: £70.00 eBook: 978-0-203-88081-4 For more information, visit: http://routledgelaw.com/9780415452137

January 2010: 234 x 156: 224pp Hb: 978-0-415-45903-7: £85.00 Pb: 978-0-415-45904-4: £27.99 eBook: 978-0-203-88075-3 For more information, visit: http://routledgelaw.com/9780415459044

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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NEW

NEW

NEW

Radicalization

Risk, Power and the State

Serial Killers

The Life Writings of Political Prisoners Melissa Dearey, University of Hull, UK

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. 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. Melissa Dearey here 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. Selected Contents: 1. What is Radicalization? From the Civil Society to the Enemy Within 2. Using Auto/ Biographical Methodologies to Analyze Radicalization 3. ‘There are so Many Roots’: Sex, Sexuality, Gender and the Body in Political Prisoner Radicalization Narratives 4. ‘I Felt Myself Turning Cold Like the Bottle of Coke’: Children, Childhood and ‘The Child’ in Political Prisoner Radicalization Narratives 5. Is Radicalization a Family Affair? A Tale of Two Families

2009: 234 x 156: 288pp Hb: 978-0-415-46772-8: £70.00 eBook: 978-0-203-86450-0 For more information, visit: http://routledgelaw.com/9780415467728

After Foucault Magnus Hörnqvist, Stockholm University, Sweden Oriented around four case studies, the architecture of the book devolves upon the distinction between productive and repressive power. These studies reveal that power, as conceptualized within the Foucauldian tradition, must be modified. A more complex notion of productive power is needed, which covers interventions that appeal to desires, and which govern both at a distance and at close range. Additionally, the simplistic paradigm of repressive power is called into question by the need to consider the organising role of norms and techniques that circumvent agency. Finally, it is argued, Foucault’s concept of strategies – which accounts for the thick web of administrative directives, organizational routines, and techniques that simultaneouzly shape the behaviour of targeted individuals and members of the organization – requires an organizational dimension that is often neglected in the Foucauldian tradition. Selected Contents: Introduction. Activation Guaranteed: Individualizing the Pressure to Perform. Subjected Freedom: The Productivity of Power. Institutional Order: Guiding Repression Through Risk. Generalized Control: Negotiating Contradictory Expectations Through Risk. Conclusions February 2010: 234 x 156: 208pp Hb: 978-0-415-54768-0: £70.00 eBook: 978-0-203-85705-2 For more information, visit: http://routledgelaw.com/9780415547680

Psychiatry, Criminology and Responsibility Francesca Biagi-Chai Translated by Veronique Voruz, University of Leicester, UK and Suzanne Yang, University of Pittsburgh and Western Psychiatric Institute and Clinics, USA Francesca Biagi-Chai’s book – a translation from the French of Le Cas Landru – tackles the issue of criminal responsibility in the case of serial killers, and other ’mad’ people who are nonetheless deemed to be answerable before the law in most jurisdictions. The author, a Lacanian psychoanalyst and senior psychiatrist in France, with extensive experience working in institutional settings, analyzes the logic informing the crimes of famous serial killers. Addressing the Landru case (which was the inspiration for Chaplin’s Monsieur Verdoux), as well as those of Pierre Riviere, Donato Bilancia, Harold Shipman and others such as Jeffrey Dahmer and Ted Bundy, Biagi-Chai casts light on the confusion that pervades forensic psychiatry and criminal law as to the distinction between mental illness and ‘madness’. Finally, she elaborates the consequences of her argument in a sustained critique of the insanity defence as it currently operates in France and elsewhere. The book includes a Preface by the renowned psychoanalyst, Jacques-Alain Miller. It also includes an introduction by the translators on the question of insanity before the law in the US and in the UK, which considers the pertinence of Biagi-Chai’s argument for forensic psychiatry, for criminal law, and for the increasing contemporary focus on the assessment of dangerousness and risk-management strategies in crime control practices. December 2010: 234 x 156: 240pp Hb: 978-0-415-56112-9: £80.00 For more information, visit: http://routledgelaw.com/9780415561129

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


Crimin ology an d g ov e r n aN c e

Sex, Violence and Crime Foucault and the ’Man’ Question Adrian Howe, RMIT University, Australia Theoretically informed yet entirely accessible style, this book provides a novel critical approach to questions of sex and violence in contemporary Western society. Selected Contents: On the Popularity of Sex and the Topicality of Violence. Sex, Violence and Method. Sex, Violence and Criminology. Pierre Rivire: 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 2008: 234 x 156: 248pp Hb: 978-1-904385-92-9: £90.00 Pb: 978-1-904385-10-3: £29.99 eBook: 978-0-203-89127-8

Technologies of InSecurity

NEW

Surveillance and Democracy

The Surveillance of Everyday Life

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

This collection of papers by the leading surveillance scholars in the field represents the first sustained attempt to grapple with the relationship between surveillance and democracy. April 2010: 234 x 156: 240pp Hb: 978-0-415-47239-5: £95.00 Pb: 978-0-415-47240-1: £28.99 eBook: 978-0-203-85215-6 For more information, visit: http://routledgelaw.com/9780415472401

For more information, visit: http://routledgelaw.com/9781904385103

Edited by Katja Franko Aas, University of Oslo, Norway, Helene Oppen Gundhus, Norwedian Police University College, Norway and Heidi Mork Lomell, University of Oslo, Norway ’Impressively, Technologies of InSecurity confronts both the most pressing theoretical and conceptual issues raised by European criminologists and sociologists in the surveillance studies arena, and also offers a detailed account of cutting-edge empirical cases characterizing the contemporary horizons of surveillance practice and social control.’ – Adam Molnar, Surveillance and Society, Vol 6, No 3 (2009) Technologies of InSecurity examines how general social and political concerns about terrorism, crime, migration and globalization are translated into concrete practices of securitisation of everyday life. 2008: 234 x 156: 296pp Hb: 978-0-415-46455-0: £80.00 eBook: 978-0-203-89158-2 For more information, visit: http://routledgelaw.com/9780415464550

Criminology and Governance BACKLIST Title

Author

Date

Format & ISBN

Price

Captive Images

Edited by Katherine Biber

2007

Hb: 978-1-904385-72-1 Pb: 978-0-415-42039-6 eBook: 978-0-203-94512-4

£85.00 £22.99

Crime, Inequality and the State

Edited by Mary Vogel

2007

Hb: 978-0-415-38269-4

£85.00

Gendered Risks

Edited by Kelly Hannah-Moffat

2007

Hb: 978-1-904385-78-3 eBook: 978-0-203-94055-6

£80.00

Governace and Regulation in Social Life

Edited by Augustine Brannigan

2007

£85.00

Hypercrime

Edited by Michael McGuire

2008

Hb: 978-1-84568-110-4 eBook: 978-0-203-94504-9 Hb: 978-1-904385-93-6 Pb: 978-1-904385-53-0 eBook: 978-0-203-93952-9 Hb: 978-0-415-42934-4 Pb: 978-1-904385-86-8 eBook: 978-0-203-93873-7

Informal Reckonings Edited by Andrew Woolford 2008

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

£100.00 £31.99 £85.00 £25.99

15


C rim ino lo gy an d govern aNce

16

NEW

The Criminology of Pleasure Mike McGuire and Simon Hallsworth, both at London Metropolitan University, UK The Criminology of Pleasure offers a new way of thinking about crime and crime control, as it maintains that the very rationale of the criminal justice system lies in the channelling of desire and regulating of pleasure. Criminology has only confronted the importance of the desire/pleasure nexus tangentially: through the reference to transgression, resistance and edge-work, and in its concern with social marginalization. The Criminology of Pleasure, however, argues for the fundamental importance of desire/pleasure in understanding social order and control. Whilst ostensibly concerned with crime and its control, the criminal justice system is, the authors argue, centred upon a more fundamental project – that of managing desire. Precisely what this means is systematically articulated here: first, by considering how various pleasures have been regulated in history; and, second, by mapping the key ways in which desire is now regulated. In a political landscape that has witnessed attempts both on the part of the political right and left to attack and replace criminology with something else – a science of crime or a science of social harm – this book not only provides a highly original analysis; but also a radical, innovative and heretical defence of criminology. September 2010: 234 x 156: 224pp Hb: 978-0-415-54778-9: £70.00 For more information, visit: http://routledgelaw.com/9780415547789

The Currency of Justice

The Origins of Criminology

Fines and Damages in Consumer Societies

A Reader

Pat O’Malley, University of Sydney, Australia The Currency of Justice examines the implications of the ‘monetization of justice’ as life is increasingly regulated through this single medium. Money not only links diverse domains of law; it also links legal sanctions to other monetary techniques which govern everyday life. Like these, the concern with monetary sanctions is not who pays, but that money is paid. Money is perhaps the only form of legal sanction where the burden need not be borne by the wrongdoer. In this respect, this book explores the view that contemporary governance is less concerned with disciplining individuals and more concerned with regulating distributions and flows of behaviours and the harms and costs linked with these.

Edited by Nicole Rafter, Northeastern University, USA

Selected Contents: 1. Money and Monetary Sanctions 2. Penal Fines 3. Regulatory Fines 4. Monetary Damages 5. The Currency of Justice 2009: 234 x 156: 199pp Hb: 978-0-415-42567-4: £80.00 Pb: 978-1-84568-112-8: £24.99 eBook: 978-0-203-88181-1 For more information, visit: http://routledgelaw.com/9781845681128

The Origins of Criminology is a collection of nineteenthcentury texts from the key originators of the practice of criminology.

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. Selected Contents: Section 1: Eighteenth-Century Predecessors Section 2: Phrenology Section 3: Moral and Mental Insanity Section 4: Evolution, Degeneration, and Heredity Section 5: The Underclass and the Underworld Section 6: Criminal Anthropology Section 7: Habitual Criminals and Their Identification Section 8: Eugenic Criminology Section 9: Criminal Statistics Section 10: Sociological Approaches to Crime 2009: 234 x 156: 376pp Hb: 978-0-415-45111-6: £95.00 Pb: 978-0-415-45112-3: £28.99 eBook: 978-0-203-86994-9 For more information, visit: http://routledgelaw.com/9780415451123

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


E c on omi c l aw

Victimology Victimisation and Victims’ Rights Lorraine Wolhuter, Stellenbosch University, South Africa, Neil Olley and David Denham, both at University of Wolverhampton, UK

This book examines the theoretical arguments surrounding victims before examining who the victims of crime actually are and the measures taken by the criminal justice system in order to enhance their position. Particular attention is paid to women, homosexuals, ethnic minorities and the elderly as victims and students are introduced to alternative models of victim participation in criminal proceedings within other European jurisdictions providing an enlightening comparative analysis. Selected Contents: 1. Introduction Part 1: Victimology and Victimization 2. Theories of Victimology 3. Victimization 4. Women Victims – Domestic Terror and Female Victimization 5. Victims from Minority Ethnic Groups 6. LGBT and Elderly Victims Part 2: Legal Responses to Victimization 7. The Development of a Legal Right’s Discourse 8. Support and Assistance 9. Information, Respect and Recognition, and Protection 10. Victim Participation 11. Victim Compensation 12. Victims and Restorative Justice 13. Rights of Victims from Socially Disadvantaged Groups 14. Conclusion – A Victims’ Rights Model for the Criminal Process 2008: 234 x 156: 320pp Pb: 978-1-84568-045-9: £34.99 eBook: 978-0-203-89269-5 For more information, visit: http://routledgelaw.com/9781845680459

ECONOMIC LAW The Economics of Legal Relationships Series Series Edited by Nicholas Mercuro and Michael D. Kaplowitz both at Michigan State University, USA Routledge are proud to be the publishers of the prestigious series The Economics of Legal Relationships, which continues to be edited by Professors Nicholas Mercuro and Michael D. Kaplowitz of Michigan State University. This series, with a fine back catalogue of books is dedicated to publishing original scholarly contributions that systematically analyze legal-economic issues.

NEW

Bubbles, Law and Financial Regulation Erik F. Gerding, University of New Mexico, USA This book aims to unpack the complex economic relationships between law, asset price bubbles and financial regulation looking at the financial fraud in the Enron era, the subprime crisis and previous financial crises throughout the world.

NEW

Norms and Values in Law and Economics Aristides Hatzis, University of Athens, Greece 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 March 2010: 234 x 156: 256pp Hb: 978-0-415-40410-5: £65.00 For more information, visit: http://routledgelaw.com/9780415404105

February 2011: 234 x 156: 256pp Hb: 978-0-415-77939-5: £85.00 For more information, visit: http://routledgelaw.com/9780415779395

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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E c o no m ic law

18

NEW

NEW

Patent Policy

The Rule of Law

Legal-Economic Effects in a National and International Framework

The Justice Sector and Economic Development

Pia Weiss, University of Nottingham, UK 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 April 2010: 234 x 156: 224pp Hb: 978-0-415-48105-2: £80.00 eBook: 978-0-203-85318-4 For more information, visit: http://routledgelaw.com/9780415481052

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 2010: 234 x 156: 256pp Hb: 978-0-415-77253-2: £75.00 For more information, visit: http://routledgelaw.com/9780415772532

Routledge Research in Competition Law Series NEW

Merger Control in Europe The Gap in the ECMR and National Merger Legislations Ioannis Kokkoris, Principal Case Officer and Economic Advisor, Office of Fair Trading, UK Ioannis Kokkoris examines the argument that the original EC merger regulation, Regulation 4064/89 did not capture these ’gap’ cases and considers the extent to which the revised substantive test in Regulation 139/2004 deals with the problem of non-collusive oligopolies. The book identifies actual examples of mergers that gave rise to a problem of non-coordinated effects in oligopolistic markets, both in the EU and in other jurisdictions, and will analyze the way in which these cases were dealt with in practice. It also goes on to look at the various methodological tools available to identify whether a particular merger might give rise to anticompetitive effects and explores the type of market structure in which a merger is likely to lead to non-coordinated effects in oligopolistic markets. Selected Contents: 1. European Community Merger Regulation – Council Regulation (EC) No 4064/89 2. The New European Community Merger Regulation – Council Regulation (EC) No 139/2004 3. Mergers Leading To Non-Coordinated Effects In Oligopolistic Markets 4. Event Studies in the Assessment of Gap Cases 5. Market Structure – Assessment Criteria of Gap Cases Across The EU August 2010: 234 x 156: 256pp Hb: 978-0-415-56513-4: £75.00 For more information, visit: http://routledgelaw.com/9780415565134

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


E c on omi c l aw

NEW

NEW

NEW

Merger Control in Post-Communist Countries

The Internationalisation of Competition Rules

EC Merger Regulation in Small Market Economies

Brendan J. Sweeney, Monash University, Australia

The Interaction between WTO Law and External International Law

Jurgita Malinauskaite, Brunel University, UK

The widespread move towards more market-driven models of political economy combined with the expanding internationalization of business and commerce has led to a series of proposals for global competition rules. To date these proposals have been hotly contested. The purpose of this book is to investigate in some depth whether there is a rational foundation for pursuing international competition rules, and what form these laws should take. The book takes examples from existing competition laws around the world, in particular the US and the EU both of which have a long history of enforcing established competition rules.

This book provides a critical analysis of merger control regimes in the former socialist countries with small market economies, looking at the unique challenges facing these economies. Questions will be asked as to what extent these countries have had to follow dictation from the EU and whether this implementation of EC merger control rules has been justified from the point of view of these countries’ economic situations. The book will analyse the merger control regimes in Estonia, Latvia and Lithuania, Slovenia and Slovakia. However, reference will be made to other small market economies of the EU including Cy, Ireland, Luxembourg and Malta in order to evaluate the particular difficulties the former socialist countries with small market economies have had in the implementation and further development of merger control rules. Selected Contents: 1. Introduction 2. Economic Approach Towards Mergers: Small Market Economies 3. Legal Approach Towards Mergers: EC Merger Control Rules and Policy 4. Merger Control Regimes in the Baltic Countries 5. Merger Control Regimes in Slovakia and Slovenia 6. Merger Control Regimes in other Member States of the EU with Small Market Economies July 2010: 234 x 156: 400pp Hb: 978-0-415-48653-8: £70.00 For more information, visit: http://routledgelaw.com/9780415486538

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 2009: 234 x 156: 448pp Hb: 978-0-415-46079-8: £80.00 eBook: 978-0-203-87233-8 For more information, visit: http://routledgelaw.com/9780415460798

The Constrained Openness of WTO Law Ronnie R.F. Yearwood, University of Durham, UK Series: Routledge Research in International Economic Law International legal scholarship is concerned with the fragmentation of international law into specialised systems such as trade, environment and human rights. In the discourse on WTO law, three propositions – openness’, ’closure’ and ’privileged’ – have been put forward to explain the interaction between WTO law and external law. This book engages with these debates about how international economic law interacts with other bodies of international law. Using ideas and theories from other spheres including sociology, literature and art, the book develops a new way of thinking about how WTO law interacts with external international law through the conceptual framework of ‘constrained openness’. The book argues that constrained openness offers a more nuanced way to think about how WTO law interacts with external law. Selected Contents: 1. Introduction 2. The Scope and Importance of the Study: Fragmentation and WTO Law 3. The Debate on How WTO Law Interacts with External Law 4. The Methodological Framework: The Rule of Recognition to Determine What Counts as WTO Law 5. The Conceptual Framework: The Constrained Openness of WTO Law 6. The Precautionary Principle and the WTO Agreement on Sanitary and Phytosanitary Measures 7. External Law in the Practice of WTO Law 8. Conclusion March 2011: 234 x 156: 320pp Hb: 978-0-415-56516-5: £75.00 For more information, visit: http://routledgelaw.com/9780415565165

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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E c o no m ic law

20

The Law and Consumer Credit Information in the European Community

NEW

The Regulation of Credit Information Systems

A Comparative Look at the United Kingdom and Malaysia

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 2008: 234 x 156: 264pp Hb: 978-0-415-46073-6: £80.00 eBook: 978-0-203-89560-3 For more information, visit: http://routledgelaw.com/9780415460736

MAJOR WORK

The Legal and Regulatory Aspects of Islamic Banking Abdul Karim Aldohni, Newcastle University, UK Series: Routledge Research in Finance and Banking Law ’This book should be essential reading for anyone with an interest in the fastest growth area of banking. Dr. Aldohni has done an excellent job.’– Andrew Campbell, Reader in International Banking and Finance Law, University of Leeds, UK The book examines the historical genesis of Islamic banking, looking at how it has developed in Muslim countries before going on to consider the development of Islamic banking in the UK and the legal position of Islamic banks within English law. The book explores company, contract, and tax law and traces the impact it has had on the development of Islamic banking in the UK, before going on to argue that the current legal and regulatory framework which affects the Islamic banking sector has often had a negative impact on Islamic banking in the UK.

This Major Work is a five-volume collection of cutting-edge and canonical research exploring the interrelations between law and economics.

Selected Contents: 1. Introduction 2. The Historical and Ideological Background of Islamic Banks 3. Legal Analysis of the English Legal System in Comparison to the Islamic Legal System 4. The Legal Description and Classification of Islamic Banks under the English Law 5. Islamic Banks in Practice: The Operational Aspects of Islamic Banking 6. The Banking Regulatory and Supervisory System in the United Kingdom 7. The Application of Islamic Banking under the Conventional Banking Regulation of the United Kingdom: Fit or Conflict? 8. Islamic Banking in Malaysia, the Malaysian Case Study: A Legal Analysis 9. Concluding Remarks and Recommendations

2007: 234 x 156: 2000pp Hb: 978-0-415-41083-0: £665.00

July 2010: 234 x 156: 342pp Hb: 978-0-415-55515-9: £75.00

For more information, visit: http://routledgelaw.com/9780415410830

For more information, visit: http://routledgelaw.com/9780415555159

5 Volume Set

Law and Economics Edited by Nicholas Mercuro, Michigan State University, USA

Economic law BACKLIST Title

Author

Date

International Trade and the Protection Edited by Simon Baughen 2007 of the Enviroment

Format & ISBN

Price

Hb: 978-1-84568-009-1 Pb: 978-0-415-44810-9

£95.00 £34.99

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


E urope an l aw

EUROPEAN LAW Routledge Research in European Law Series NEW

Centralised Enforcement, Legitimacy and Good Governance in the EU Melanie Smith, University of Cardiff, UK Article 226 EC is the central mechanism of enforcement in the EC Treaty, and has remained unchanged since the original Treaty of Rome. It provides the European Commission, as guardian of the Treaty, with a broad power of policing Member States’ conduct. Article 226 has been traditionally characterised as an arena of secretive negotiation focused on the sole function of effective enforcement. This study seeks to move beyond this approach by characterising Article 226 as a multi-functional mechanism within the Treaty. It does this by examining the central mechanism of enforcement through the normative lenses of legitimacy, good administration and good governance. Centralised Enforcement, Legitimacy and Good Governance in the EU is interdisciplinary in nature, examining law in its political context. It focuses on how the institutions interact and react to competing policy pressures, and explores the tensions that lie at the heart of legitimacy in the actions of public actors by engaging with concepts such as democracy, legitimacy and good administration. 2009: 234 x 156: 272pp Hb: 978-0-415-46784-1: £70.00 eBook: 978-0-203-87239-0 For more information, visit: http://routledgelaw.com/9780415467841

NEW

Turkey’s Accession to the European Union

NEW

EU External Relations and Systems of Governance The CFSP, Euro-Mediterranean Partnership and Migration Paul James Cardwell, University of Sheffield, UK This book takes a fresh look at the external relations of the European Union (EU) and in particular the Common Foreign and Security Policy (CFSP). Rather than focusing exclusively on the competence aspects of the institutions and actors, the book makes the case that the CFSP can be understood as a system of governance, which produces effects beyond the traditional tools associated with foreign policy. The theoretical approach draws on insights from new institutionalism, constructivism and the institutional theory of law and emphasises how the institutionalised forms of cooperation in the external sphere contribute to a social reality in which the ‘added value’ of the CFSP can be seen. 2009: 234 x 156: 264pp Hb: 978-0-415-54380-4: £75.00 eBook: 978-0-203-86751-8 For more information, visit: http://routledgelaw.com/9780415543804

The Politics of Exclusion? Edel Hughes, University of Limerick, Ireland Turkey’s accession to the European Union is undoubtedly one of the Union’s most contested potential enlargements. The narrative that dominates the debate surrounding this issue primarily relates to problems such as a lack of respect for fundamental human rights in Turkey, the Kurdish question and the continuing stalemate concerning northern Cyprus. This book looks at these issues, but also proposes that a review of Turkey’s experience with the EU in its numerous incarnations suggests that these concerns may mask a deeper disquiet. Through the lens of the Turkish example, this book addresses broader questions, such as the nature of European ’identity’, Europe’s Christian past, the limits of pluralism and the fundamental question of religion in the European public sphere. August 2010: 234 x 156: 256pp Hb: 978-0-415-57785-4: £75.00 For more information, visit: http://routledgelaw.com/9780415577854

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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E uro p ean law

22

NEW

NEW

NEW

Sustainability in European Transport Policy

Europe and Europeanization

European Prudential Banking Regulation and Supervision

Matthew Humphreys, Kingston University, UK

Alun Jones, University of Leicester, UK and Julian Clark, Birbeck, University of London, UK

This book puts forward a critical analysis of the body of law and policy initiatives that constitute the EU’s common transport policy. The development of the transport policy is charted through amending and founding Treaties as well as non-legislative documents. The book uses a model of sustainability as the basis for the analysis as the criteria for sustainable development were set out under Article 6 of the Treaty of Rome. However, sustainable development, when taken in the context of transport is difficult to reconcile with unbridled economic growth and unchecked freedom of movement and the book identifies a contradiction at the heart of European policy which can only become more accentuated as environmental trends become more explicit. The book argues that European regulation will eventually be forced to recognize this dichotomy, and take more forceful action to protect environmental and social development, even at the cost of economic progress. October 2010: 234 x 156: 256pp Hb: 978-0-415-57831-8: £75.00 For more information, visit: http://routledgelaw.com/9780415578318

An Empirical Exploration

This study critically analyses the elusive concept of Europeanization as a decision-making process with particular governing logics that both support and, paradoxically undermine the ‘European political project’. Serving as a valuable reference for academic and 0graduate audiences in political science, international and European studies; this book offers an incisive empirically grounded appraisal of the unseen policy dynamics at work in the European Union of the twenty-first century. Selected Contents: 1. Europeanization: Unpacking the Academic Argument 2. Theorizing Europeanization as Process 3. Political Elites and Europeanization: Changing Preferences in the Corridors of Power? 4. Europeanization and Discourse Building: Fashioning European Narratives or Editing National Scripts? 5. Europeanization and Learning?: The Eastern European Experience of EU Membership 6. Europeanization and Subnational Styles of Political Business 7. The Limits to Europeanization: The EU-27 and Turkey 8. Conclusions December 2010: 234 x 156: 256pp Hb: 978-1-844-72167-2: £65.00 Pb: 978-1-844-72031-6: £20.00 For more information, visit: http://routledgelaw.com/9781844720316

The Legal Dimension Larisa Dragomir, World Savings Banks Institute, Belgium Series: Routledge Research in Finance and Banking Law This book takes stock of the developments in EU legislation, case law and institutional structures with regards to banking regulation and supervision, which preceded and followed the recent financial crisis. It does not merely provide an update, but anchors these developments into the broader EU law context, challenging past paradigms and anticipating possible developments. The author provides a systematic analysis of the interactions between the content of prudential rules and the mechanisms behind their production and application. This book includes discussions of the European banking market structure and of regulatory theory that both aim to circumscribe prudential concerns. It scrutinises the content of prudential norms, proposes a qualification of these norms and an assessment of their interaction with other types of norms (corporate, auditing and accounting, consumer protection, competition rules). It also features an analysis of the underpinning institutional set-up and its envisaged reforms, focusing on the typical EU concerns related to checks and balances. March 2010: 234 x 156: 384pp Hb: 978-0-415-49656-8: £75.00 eBook: 978-0-203-85641-3 For more information, visit: http://routledgelaw.com/9780415496568

European LAW BACKLIST Title

Author

National Parliaments within the Enlarged European Union

Edited by John O’Brennan and 2007 Tapio Raunio

Date

The Making of a European Constitution Michelle Everson and Julia Eisner

Format & ISBN

Price

Hb: 978-0-415-39935-7 £80.00 eBook: 978-0-203-96212-1 Hb: 978-0-415-43905-3 £80.00 eBook: 978-0-203-93980-2

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


FAMILY l aw

NEW

The EU Race Directive

European Union Non-Discrimination Law

Developing the Protection Against Racial Discrimination Within the EU

Comparative Perspectives on Multidimensional Equality Law

Erica Howard, Middlesex University, UK

Edited by Dagmar Schiek, University of Leeds, UK and Victoria Chege, University of Oldenburg, Germany

The EU Race Directive discusses the history of the fight against racial discrimination in the EU and the equality clauses in international Human Rights instruments. It then examines the terms race, racism and racial discrimination and equality in the Directive. The book also looks at the concepts of equality which can be distinguished in the Race Directive and in the subsequent developments at EU level. Examining whether the Directive has improved the protection against racial or ethnic origin discrimination for people within the EU, the book concludes with an assessment of how far the EU has come on the road to racial equality with the adoption of the Race Directive and the subsequent developments. It also contains proposals for possible improvements. The comprehensive and up-to-date analysis in this book goes beyond most other books written on the subject and the specific focus on racism and racial discrimination means a more thorough examination than most texts focusing on discrimination on a larger number of grounds. Selected Contents: 1. The EU and the Fight Against Racial Discrimination 2. International Human Rights Instruments to Combat Racial Discrimination 3. Definitions of Race, Racism and Racial Discriminatio 4. The Race Directive and Definitions of Race, Racism and Racial Discrimination 5. Concepts of Equality as Aims of Equality Law 6. The Race Directive and Concepts of Equality 7. Conclusions and Proposals for Change

This edited collection addresses the multidimensionality of EU equality law from conceptual as well as practical perspectives. Bringing together academics from all over Europe and from different disciplines, including law, politics and sociology, the book focuses on the question of multidimensionality and intersectionality, and deals with the consequences of multiplying discrimination grounds within EU equality law. Selected Contents: 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 2008: 234 x 156: 448pp Hb: 978-0-415-45722-4: £95.00 eBook: 978-0-203-89262-6 For more information, visit: http://routledgelaw.com/9780415457224

FAMILY LAW NEW

Elder Law John Williams, Aberystwyth University, UK This book looks at the historical background to the law’s approach to ageing, focusing on questions such as: • Has the law promoted ageism? • How well has the law protected older people against discrimination, abuse and social exclusion? • How effective will new prohibitions on age discrimination be when they come into force? Themes include the ways in which the law has a distinct impact on the lives of older people, human rights, housing, finance, health and social care, discrimination, crime, abuse and the state’s reaction, and poverty and social exclusion. Selected Contents: 1. Introduction 2. Historical Context; What is ’Old Age’? 3. Human Rights and Older People 4. Health and Social Care 5. Property, Housing and Finance 6. Discrimination 7. Criminal Law and Older People 8. The Abuse of Older People 9. Conclusion June 2010: 234 x 156: 350pp Hb: 978-0-415-45421-6: £85.00 Pb: 978-1-85941-922-9: £35.00 For more information, visit: http://routledgelaw.com/9781859419229

2009: 234 x 156: 238pp Hb: 978-0-415-54373-6: £75.00 eBook: 978-0-203-86621-4 For more information, visit: http://routledgelaw.com/9780415543736

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

23


Fa m ily Law

24

NEW

NEW

Family Law, Sex and Society

2nd Edition

A Comparative Study of Family Law Peter De Cruz, Liverpool John Moores University, UK Comparative in both approach and framework, Family Law, Sex and Society provides a critical exposition of key areas in family law, exploring their evolution and development within their historical, cultural, political and legal context. Cross-referencing to English law throughout, this comparative textbook pays particular attention to the transformation of marriage; the development of divorce laws; matrimonial property; the legal recognition of unmarried heterosexual and same-sex cohabitants; the universal adoption of the best interests standard for children in domestic and international legislation; and the impact of the Human Rights Act 1998 on family law in a variety of jurisdictions. Family Law, Sex and Society offers valuable socio-legal and socio-cultural insights into the practice of family law, and is the only textbook that provides a unified, coherent and comparative approach to the study of family law as it operates in these particular jurisdictions. Selected Contents: Introductory Overview. Jurisdictional Survey: Family Law in Europe. Family Law in the United States. Family Law in Australia and New Zealand. Family Law in Africa and Asia. Family Law in the Russian Federation. Family Law in Japan. Cohabitation, Informal Unions and Civil Partnerships in Comparative Perspective. Domestic Violence – A Comparative Survey. The Impact of Human Rights Law on Family Law. Common Themes, Key Debates and Comparative Overview January 2010: 234 x 156: 460pp Hb: 978-0-415-48430-5: £90.00 Pb: 978-1-85941-638-9: £32.95 eBook: 978-0-203-85862-2 For more information, visit: http://routledgelaw.com/9781859416389

International Child Law Trevor Buck, De Montfort University, UK

International Child Law examines and discusses the international law framework and issues relating to children at both a global and regional level, and is a useful resource for advanced study and research. The second edition of this popular and well-received title has been updated and expanded throughout, and three new chapters have been added; together with new material on sexual exploitation and children’s involvement in armed conflict, there is also a new chapter on indigenous children’s rights. The United Nations Convention on the Rights of the Child remains a central topic, and the mechanisms and policy underlying the Hague Conventions on respectively Intercountry Adoption and Parental International Child Abduction are dealt with in two further chapters.

Legal Responses to Domestic Violence Mandy Burton, University of Leicester, UK

This book examines legal responses to domestic violence in a holistic, systematic and integrated way. It takes a systematic approach to examining legal responses, encompassing the full range of decision-makers to analyze developments in substantive law and practice in all areas. 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? 2008: 234 x 156: 168pp Hb: 978-0-415-45423-0: £95.00 Pb: 978-1-84472-026-2: £49.99 eBook: 978-0-203-92775-5 For more information, visit: http://routledgelaw.com/9781844720262

Selected Contents: Children’s Rights and Childhood. Introduction to International Law. United Nations Convention on the Rights of the Child 1989. Child Labour. International Child Abduction. Inter-Country Adoption. Sexual Exploitation. Children and Armed Conflict. Indigenous Children’s Rights. Conclusions. May 2010: 234 x 156: 350pp Hb: 978-0-415-48716-0: £90.00 Pb: 978-0-415-48717-7: £35.99 For more information, visit: http://routledgelaw.com/9780415487177

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


ge n de r an d s e x ual i t y

NEW

Rights, Gender and Family Law Edited by Julie Wallbank, School of Law, University of Leeds, UK Shazia Choudhry, Queen Mary University of London, UK 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.

Selected Contents: 1. Welfare, Rights, Care and Gender in Family Law, Shazia Choudhry 2. Gender, Rights, Responsibilities and Social Policy 3. Child Protection, Gender and Rights 4. Rights and Responsibility: Girls and Boys Who Behave Badly 5. (En) Gendering The Fusion Of Rights and Responsibilities in the Law of Contact 6. Fatherhood, Law and Fathers’ Rights: Rethinking the Relationship Between Gender and Welfare 7. Mandatory Prosecution and Arrest as a Form of Compliance with Due Diligence Duties in Domestic Violence – The Gender Implications 8. The Limitations of Equality Discourses on the Contours of Intimate Obligations 9. Public Norms and Private Lives: Rights, Fairness and Family Law 10. The Identification of ‘Parents’ and ‘Siblings’: New Possibilities under the Reformed Human Fertilisation and Embryology Act 11. Children with Exceptional Needs: Welfare, Rights and Caring Responsibilities 12. Relational Autonomy and Family Law 13. Concluding Thoughts: The Enduring Chaos of Family Law November 2009: 234 x 156: 296pp Hb: 978-0-415-48267-7: £75.00 eBook: 978-0-203-86947-5 For more information, visit: http://routledgelaw.com/9780415482677

GENDER AND SEXUALITY

NEW

Men, Law and Gender Essays on the ‘Man’ of Law

MAJOR WORK 4 Volume Set

Feminist Legal Studies Edited by Joanne Conaghan, Univesity of Kent, UK This Major Work is a four-volume collection of foundational and cutting-edge research about feminist legal studies. Selected Contents: Volume I: Evolution Volume II: Neoliberal Encounters Volume III: Legal Method, Legal Reason, and Legal Change Volume VI: Challenges and Contestations 2009: 234 x 156: 1864pp Hb: 978-0-415-44746-1: £650.00 For more information, visit: http://routledgelaw.com/9780415447461

NEW

Public Sex and the Law Silent Desire Chris Ashford, University of Sunderland, UK Public Sex and the Law examines the current legal status and regulation of public sex. This book draws upon original and multi-disciplinary research into the operation of the ‘public sex community’ to highlight the unacknowledged battle being waged between the law enforcement and the cruising, cottaging and dogging communities. August 2010: 234 x 156: 240pp Hb: 978-0-415-55287-5: £70.00 For more information, visit: http://routledgelaw.com/9780415552875

Richard Collier, Newcastle University, UK

Building on recent sociological work concerned with the relational nature of gender and personal life, Richard Collier argues that social, cultural and economic changes have reshaped ideas about men and masculinities in ways that have significant implications for law. Bringing together voices and disciplines that are rarely considered together, he explores the way ideas about men have been contested and politicised in the legal arena. Selected Contents: 1. Men, Masculinities and Law: Recasting the ‘Man Question’ in Legal Studies 2. The Restructured University – Rethinking the Gendered Law School 3. Beyond the ‘Private Life’ of the Law School: Class and the (Legal) Academic Subject 4. ‘Read What The Law Firms Say’: Gender and the Representation of Career Success in the Contemporary Legal Profession 5. Engaging Fathers, Changing Men?: Law, Gender and Parenting Cultures 6. ‘Please Send Me Evenings and Weekends’: Male Lawyers, Gender and the Negotiation of Work and Family Commitments 7. On Fathers’ Rights, Law and Gender: Recasting the Questions About Men, Masculinities and Personal Life December 2009: 234 x 156: 288pp Hb: 978-1-904385-49-3: £70.00 eBook: 978-0-203-86212-4 For more information, visit: http://routledgelaw.com/9781904385493

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

25


g end er a nd se x uality

26

NEW

NEW

NEW

Gender, Law and Sexualities

Queer Theory: Law, Culture, Empire

Edited by Jackie Jones, Anna Grear, both at University of the West of England, UK Kim Stevenson, University of Plymouth, UK and Rachel Fenton, University of the West of England, UK

Edited by Kim Brooks and Robert Leckey, both at McGill University, Canada

Sexuality and the Politics of Rights in Southern Africa

Bringing together an international range of academics, Gender, Law and Sexualities provides a comprehensive interrogation of the range of issues – both topical and controversial – raised by the gendered character of law and legal discourse. The gendering of law, legal persons and the legal profession, along with the gender bias of legal outcomes, has been a fractious, but fertile, focus of reflection. It has, moreover, been an important site of political struggle. This collection of essays offers an unrivalled examination of its various contemporary dimensions: focusing on issues of theory and representation; on violence, both national and international; and on marriage and the family. Gender, Law and Sexualities will be invaluable for all those engaged in research and study in the areas of law relating to gender and feminist studies. August 2010: 234 x 156: 320pp Hb: 978-0-415-57439-6: £85.00 For more information, visit: http://routledgelaw.com/9780415574396

Queer Theory: Law, Culture Empire takes up the instability of the label ’queer’ in order to consider what queer theory can bring to an exploration of the confines and openings provided by law, culture, and empire. Remaining true to the contingencies of queerness and queer theory more generally, it is the blurred boundaries between law, culture, and empire that are elicited and addressed here, as queer theory is brought to bear on the legal themes according to which the book is organised. The contributors to Part one of this collection, on ’constitution’, mine the tensions surrounding the issue of queerness and normality. In Part two, on ’representation’, the concern is with the complex ways queerness is seen and performed. Part three, on ’regulation’, addresses three settings – assisted reproduction, polygamy, and same-sex marriage – in order to examine the politics of queer claims. Finally, ’exclusion’ provides the focus of Part four, in its consideration of foreignness, a long-standing preoccupation of queer theorists.

The Legacy of Venus Monstrosa Oliver Phillips, University of Westminster, 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. May 2010: 234 x 156: 250pp Hb: 978-1-904385-18-9: £70.00

May 2010: 234 x 156: 224pp Hb: 978-0-415-57228-6: £75.00 eBook: 978-0-203-85611-6 For more information, visit: http://routledgelaw.com/9780415572286

For more information, visit: http://routledgelaw.com/9781904385189

Criminology and Governance BACKLIST Title

Author

Choice and Consent

Date

Format & ISBN

Price

Edited by Rosemary Hunter and 2007 Sharon Cowan

Hb: 978-1-904385-85-1 eBook: 978-0-203-93738-9

£80.00

Sexuality and the Law

Edited by Vanessa Munro 2007 and Carl Stychin

Hb: 978-1-904385-78-3 Pb: 978-1-904385-66-0 eBook: 978-0-203-94509-4

£80.00 £31.99

Violent Femmes

Edited by Rosie White 2007

Hb: 978-0-415-37077-6 Pb: 978-0-415-37078-3 eBook: 978-0-203-03057-8

£75.00 £26.99

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


H uman r i ghts

NEW

NEW

Transcending the Boundaries of Law

Women, Judging and the Judiciary

Generations of Feminism and Legal Theory

From Difference to Diversity

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.

Erika Rackley, Durham University, UK Women, Judging and the Judiciary explores continuing debates about gender representation in the judiciary and, more specifically, the importance of judicial diversity, in order to provide a fresh look at the role of the (woman) judge and the process of judging.

Transcending the Boundaries of Law marks the twenty-fifth 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 twenty-five years of theoretical engagement and evolution in regard to gender and law scholarship; it also charts a course for its future.

This book builds on prevalent concerns with increasing judicial diversity, with enhancing the position of various underrepresented groups within the judiciary, and with constitutional reform more generally, to provide a new analysis of the assumptions which underpin, and constrain, current debates about how to achieve these aims.

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.

For more information, visit: http://routledgelaw.com/9780415548618

March 2010: 234 x 156: 256pp Hb: 978-0-415-48138-0: £85.00 Pb: 978-0-415-48140-3: £24.99 For more information, visit: http://routledgelaw.com/9780415481403

Selected Contents: 1. Feminism, Judicial Diversity and the Legal Imagination 2. Representations of the Woman Judge 3. Introducing Difference 4. Exorcising Difference and Defining Diversity 5. Women, Judging and Diversity April 2010: 234 x 156: 208pp Hb: 978-0-415-54861-8: £70.00

HUMAN RIGHTS NEW

Asylum, Welfare and the Cosmopolitan Ideal A Sociology of Rights Lydia Morris, University of Essex, UK Asylum, Welfare and the Cosmopolitan Ideal: A Sociology of Rights puts forward the argument that rights must be understood as part of a social process: a terrain for strategies of inclusion and exclusion but also of contestation and negotiation. Engaging debate about how ‘cosmopolitan’ principles and practices may be transforming national sovereignty, Lydia Morris explores this premise through a case study of legal activism, civil society mobilisation, and judicial decision making. The book documents government attempts to use destitution as a deterrent to control asylum numbers, and examines a series of legal challenges to this policy, spanning a period both before and after the Human Rights Act. Lydia Morris shows how human rights can be used as a tool for radical change, and in so doing proposes a multi-layered ’model’ for understanding rights. Selected Contents: 1. The Right to Have Rights: Fond Illusion or Credo for Our Times? 2. Asylum Immigration and the Art of Government 3. Welfare Asylum and the Politics of Judgment 4. Civil Society and Civil Repair 5. An Emergent Cosmopolitan Paradigm? 6. Civic Stratification and the Cosmopolitan Ideal 7. Cosmopolitanism Human Rights and Judgment 8. Conclusion: A Sociology of Rights March 2010: 234 x 156: 160pp Hb: 978-0-415-49773-2: £75.00 eBook: 978-0-203-85528-7 For more information, visit: http://routledgelaw.com/9780415497732

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

27


h um an rights

28

Routledge Research in Human Rights Law Series NEW

The European Convention on Human Rights and its New Contracting Parties Democratic Transition and Consolidation in the European Jurisprudence James A. Sweeney, University of Durham, UK This book examines the case law of the European Court of Human Rights with particular reference to democratic transitions in Europe and the consequent enlargement of the European Convention system. The book analyses how the Court has responded to the difficult circumstances presented by the new Contracting Parties. Selected Contents: 1. Introduction Part 1: Concepts – Delimiting the Problem: Democratic Transition and Enlargement 2. Democratic Transition and the Council of Europe 3. The European Court and the Challenges of Enlargement Part 2: Cases – Democratic Transition and Enlargement: Background and Key Cases 4. Post-WWII 5. Spain, Portugal and Greece 6. Central and Eastern Europe 7. Turkey and Russia Part 3: Implications 8. Institutional Consolidation and Judicial Responses: A Delicate Interplay 9. Universality and Democracy as Essentially Contested Concepts 10. Conclusion: After the Gold Rush January 2011: 234 x 156: 256pp Hb: 978-0-415-54433-7: £75.00 For more information, visit: http://routledgelaw.com/9780415544337

NEW

NEW

The Right to Health

Emerging Areas of Human Rights in the 21st Century

Global Health and Human Rights Edited by John Harrington, University of Liverpool, UK and Maria Stuttaford, University of Warwick, UK The right to health, having been previously neglected is now being deployed more and more often in litigation, activism and policy – making across the world. International bodies such as the WHO, UNAIDS, World Bank and WTO are increasingly using or being evaluated with reference to health rights, and international NGOs frequently use the language of rights in campaigning and in more concrete litigation. This book brings together an impressive array of internationally renowned scholars in the areas of law, philosophy and health policy to critically interrogate the development of rights based approaches to health. The volume integrates discussion of the right to health at a theoretical level in law and ethics, with the difficult substantive issues where the right is relevant, and with emerging systems of global health governance. The contributions to this volume will add to our theoretical and practical understanding of rights-based approaches to health. Selected Contents: Part 1: Ethics, Justice and Global Health Part 2: Fashioning the Right to Health Part 3: Rights and Global Health Governance May 2010: 234 x 156: 320pp Hb: 978-0-415-47938-7: £65.00 For more information, visit: http://routledgelaw.com/9780415479387

The Role of the Universal Declaration of Human Rights Edited by Marco Odello, University of Wales, Aberystwyth, UK and Sofia Cavandoli, Aberystwyth University, UK This book provides a set of studies and reflections on emerging human rights on the basis of developments in law that have taken place since the adoption of the United Nations Universal Declaration on Human Rights. The book focuses on issues and rights that were not originally included in the Universal Declaration but have become emerging areas of human rights including the right to environmental protection, humanitarian aid and human rights, and the right to democratic governance. Selected Contents: 1. ’Virtual World, Real Rights?’ Human Rights and the Internet Diane Rowland 2. The Dilemma of Intervention: Human Rights and the UN Security Council Emma McClean 3. The UDHR at 60: Has a Right to Democratic Governance Emerged Yet? Richard Burchill and Sofia Cavandoli 4. Human Rights Dimensions of Contemporary Environmental Protection Engobo Emeseh 5. Offenders, Deviants or Patients? Human Rights and Incarcerated Offenders with Mental Health Issues Gareth Norris 6. Indigenous Rights in the Democratic State Marco Odello 7. An International Convention on the Rights of Older People? John Williams 8. The Early Practice of the International Criminal Court: Building Legitimacy? Robert Cryer 9. Towards Achieving a Balance: Humanitarian Aid, Human Rights and Corruption Indira Carr and Susan Breau 10. Conclusions Marco Odello and Sofia Cavandoli June 2010: 234 x 156: 256pp Hb: 978-0-415-56209-6: £75.00 For more information, visit: http://routledgelaw.com/9780415562096

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


h uman r i ghts

Contemporary Human Rights Ideas

Freedom of Expression

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

A Critical and Comparative Analysis

Series: Global Institutions

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 2008: 216 x 138: 224pp Pb: 978-0-415-77457-4: £15.99 eBook: 978-0-203-92840-0 For more information, visit: http://routledgelaw.com/9780415774574

NEW

Human Rights and Minority Rights in the European Union

Vincenzo Zeno-Zencovich, University Roma Tre, Italy

Kirsten Shoraka, University of Hertfordshire, UK

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 2008: 216 x 138: 160pp Hb: 978-0-415-46670-7: £85.00 eBook: 978-0-203-89308-1

Series: Routledge Research in European Union Law This book examines the development and the role of human rights in the European Union, from its inception as an economic co-operation project to an organisation of European States with a political agenda that goes beyond its borders. It argues that human rights have become an important component of the foreign policy of the European Union and that this role has grown from the inception of the Union through the Cold War and thereafter onto the process of enlargement of the Union. The book goes on to analyse the EU’s policy on minorities, as a particular example of human rights. Selected Contents: 1. Introduction 2. A Background to the Role of the Institutional Structure of the European Union, the OSCE and the Council of Europe with Regards to Human Rights 3. The Common Foreign and Security Policy 4. EU Enlargement and the Protection of Minority Rights in Europe 5. Minority Rights in the Applicant Countries 6. Conclusions August 2010: 234 x 156: 256pp Hb: 978-0-415-49125-9: £70.00 For more information, visit: http://routledgelaw.com/9780415491259

For more information, visit: http://routledgelaw.com/9780415466707

Human Rights BACKLIST Title

Author

Date

Format & ISBN

Price

Human Rights and Empire

Edited by Costas Douzinas

2007

Hb: 978-0-415-42758-6 Pb: 978-0-415-42759-3 eBook: 978-0-203-94511-7

£95.00 £29.99

Human Rights and the Private Sphere

Edited by Jörg Fedtke and Dawn Oliver

2007

Hb: 978-0-415-42301-4 eBook: 978-0-203-94497-4

£100.00

Human Rights Controversies

Edited by Luke McNamara

2008

Hb: 978-1-904385-32-5 Pb: 978-0-415-42038-9 eBook: 978-0-203-94514-8

£100.00 £31.99

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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30

h um an rights

Human Rights in the South Pacific

Interpreting Human Rights

Challenges and Changes

Social Science Perspectives

Sue Farran, University of Dundee, UK

Edited by Rhiannon Morgan, Oxford Brookes University, UK and Bryan Turner, Wellesley College, USA

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 the common law – where the legal systems are complex and perceptions of rights varies widely. Drawing on a wide range of resources to present a contemporary and evolving picture of human rights in the island states of the South Pacific region, the book considers the human rights aspects of constitutions, legal institutions and structures, social organisation, culture and custom, tradition and change. The materials provide legal, historical, political, social and cultural insights into the lived experience of human rights in the region supported by illustrative material from case-law, media reports, and policy documents. The book also locates the human rights concerns of Pacific islanders firmly within the wider theoretical and international domain while at the same time maintaining focus on the importance of the unique identity of Pacific island nations and people. 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 2009: 234 x 156: 368pp Hb: 978-1-84472-109-2: £90.00 eBook: 978-0-203-88268-9

Series: Routledge Advances in Sociology Written by an international group of leading social science scholars in the field of human rights, this new volume situates the study of human rights in an open interdisciplinary terrain. Ranging over diverse topics and pathways in the theory and practice of human rights, this volume will be an invaluable aid to those seeking to understand the complex meanings, institutions, and practices of human rights. 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. Democratic Rights 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

NEW

On the Right of Exclusion: Law, Ethics and Immigration Policy Bas Schotel, University of Amsterdam, the Netherlands On the Right of Exclusion: Law, Ethics and Immigration Policy addresses the current immigration laws and practices of Western states, and argues that if states cannot substantially justify the exclusion of an alien, the latter should be admitted. When states deny aliens admission to their territory, they do not substantially justify the exclusion vis-a-vis the excluded alien. Bas Schotel challenges this state of affairs and calls for a reversal of the default position in admission laws. The justification should, he argues, involve a serious accounting for the interests and reasons applicable to the alien seeking admission. Which is to say that the burden of proof should lie with the state. This book will be essential reading for those with intellectual, political and policy interests in this area. Selected Contents: Introduction Part 1: The Legal Problem Part 2: The Legal Claim Part 3: The Ethical Claim Part 4: The Institutional Claim July 2010: 234 x 156: 240pp Hb: 978-0-415-57537-9: £75.00 For more information, visit: http://routledgelaw.com/9780415575379

2009: 234 x 156: 216pp Hb: 978-0-415-48615-6: £75.00 eBook: 978-0-203-88053-1 For more information, visit: http://routledgelaw.com/9780415486156

For more information, visit: http://routledgelaw.com/9781844721092

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


in tell e ct ual prope rt y

INTELLECTUAL PROPERTY Routledge Research in Intellectual Property Series NEW

The Law and Economics of Intellectual Property in the Digital Age The Limits of Analysis Niva Elkin-Koren and Eli Salzberger, both at University of Haifa, Israel This book explores the economic analysis of intellectual property law, with a special emphasis on the law and economics of informational goods in light of the past decade’s technological revolution. Selected Contents: Part 1: Intellectual Property, Law and Economics 1. Introduction 2. Fundamental Concepts Part 2: Normative Analysis 3. Analytic Frameworks of the Economic Approach to IP 4. The Incentives Paradigm 5. The Property Model Part 3: Challenges to the Traditional Theoretical Framework 6. Economic Analysis and Governance by Technology 7. Economic Analysis and the Rise of Private Ordering Part 4: Policy 8. Economic Analysis in Intellectual Property Policymaking 9. A Positive Analysis of Intellectual Property Law 10. Conclusion July 2010: 234 x 156: 256pp Hb: 978-0-415-49908-8: £75.00 For more information, visit: http://routledgelaw.com/9780415499088

Re-Thinking Intellectual Property The Political Economy of Copyright Protection in the Digital Era YiJun Tian, University of Technology Sydney, Australia Foreword by Jane Winn 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 and Digital Challenges 1. Introduction 2. Development of Communication Technology and International Copyright Laws in the Context of Globalization Part 2: Knowledge Equilibrium Paradigm: IP Theories and Copyright Policies 3. Knowledge Divide vs. Knowledge Equilibrium 4. IP Trade Conflicts and Proper Digital Copyright Policies Part 3: Application of Theory and Policy: Knowledge Equilibrium and Future Digital Legislative Reform (Templates/Law Models) 5. Templates/ Law Models for ISP Liability and Their Implementation 6. Templates/Law Models For Anti-Circumvention Measures and Their Implementation 7. Templates/ Law Models for Database Protection and Their Implementation 8. Conclusion 2008: 234 x 156: 360pp Hb: 978-0-415-46534-2: £75.00 eBook: 978-0-203-88979-4 For more information, visit: http://routledgelaw.com/9780415465342

The Development of Intellectual Property Regimes in the Arabian Gulf States Infidels at the Gates David Price, Charles Darwin University, Australia This book examines the development of national legislative regimes for the protection of intellectual property rights in the Arabian Gulf states: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, the United Arab Emirates, and Yemen. David Price analyses IP rights in these states in the context of WTO membership, and consequent compliance with the requirements of the WTO’s TRIPS Agreement. The challenges of domestic enforcement of the states’ IP laws receive critical attention. A particular focus of the book is on foreign forces which have shaped or influenced the character of the states’ IP protection regimes. It includes commentary on the contribution of foreign states, the WTO and WIPO in the pre-TRIPS and TRIPS compliance stages, and the US bilateral trade strategy for pursuing IP protection standards that exceed those enshrined in TRIPS, and the impact of these forces upon the states’ enforcement performance. Selected Contents: 1. ’Infidels at the Gates’ – Introduction and Context 2. ’The Golden Thread that Binds’ – The Shariah and Intellectual Property Protection 3. Pre-TRIPS and Intellectual Property Protection in the GCC States 4. TRIPS and the Nature of Compliance by the Gulf States 5. Post-TRIPS and the Enforcement Dichotomy 6. TRIPS-Plus, and ’Raising the Bar’ 7. TRIPS-Minus and Protection Still Pending 8. TRIPS Anew, Insha’allah 2009: 234 x 156: 384pp Hb: 978-0-415-47576-1: £70.00 eBook: 978-0-203-87894-1 For more information, visit: http://routledgelaw.com/9780415475761

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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Intellectual Property, Community Rights and Human Rights

The Rhetoric of Intellectual Property

The Biological and Genetic Resources of Developing Countries Marcelin Tonye Mahop, Queen Mary University of London, UK Drawing together a number of case studies of developing countries rich in biological and genetic resources including India, South Africa and Brazil the book examines the access to plant genetic resources and their utilisations in the contexts of scientific and commercial oriented activities pursued both in the source and user countries. Exploring how community rights are protected in national biodiversity related regulations and some international legal instruments, Marcelin Tonye Mahop also discusses the relationship between community rights and human rights in the context of biodiversity. The book looks at the issue of biopiracy asking whether this should be explored from a North-South perspective, before going on to suggest alternative measures for the legal protection of community rights at the national level with the possibility of national and international enforceability. Selected Contents: 1. Setting the Scene 2. Patents, Plant Breeders’ Rights (PBRs) and Community Rights in International Forums 3. Community Rights and Selected National Regulatory Instruments 4. Selected International and Regional Human Rights Instruments and their Provisions on Community Rights and Intellectual Property Rights 5. Incursion in the ’Biopiracy’ Debate: Modern Exploitation of Biodiversity Components of Developing Countries and Community Rights 6. Soft and Regional Undertakings Aimed at Community Rights 7. Broader Framework of the Suggested Regulatory Measures 8. Applicability of the Regulatory Measures 9. Final Remarks April 2010: 234 x 156: 288pp Hb: 978-0-415-47942-4: £75.00 eBook: 978-0-203-85298-9 For more information, visit: http://routledgelaw.com/9780415479424

INTERNATIONAL LAW

Copyright Law and the Regulation of Digital Culture Jessica Reyman, Northern Illinois University, USA Series: Routledge Studies in Rhetoric and Communication The availability of digital recording technologies and distributed file sharing systems has forever changed the expectations of everyday users with regard to digital information. At the same time, however, US copyright law has shown a decided trend toward more restrictions over what we are able to do online. As a result, a gap has emerged between the reality of copyright law and the social reality of our everyday activities. Through an analysis of the legal and public debate about copyright in a digital age, this book shows how the stories told by participants shape our cultural understanding of the role of the Internet in cultural production. 2009: 6 x 9: 204pp Hb: 978-0-415-99907-6: £70.00 eBook: 978-0-203-85792-2 For more information, visit: http://routledgelaw.com/9780415999076

Asian Yearbook of International Law Volume 14 (2008) Edited by B.S. Chimni, Jawaharlal Nehru University, India, Miyoshi Masahiro, Aichi University, Japan and Li-ann Thio, National University of Singapore 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. 2009: 234 x 156: 392pp Hb: 978-0-415-47019-3: £85.00 eBook: 978-0-203-88269-6 For more information, visit: http://routledgelaw.com/9780415470193

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


int e r n at i on al l aw

NEW

Events – The Force of International Law Edited by Fleur Johns, University of Sydney, Australia, Richard Joyce, University of Reading, UK and Sundhya Pahuja, University of Melbourne, Australia Events – The Force of International Law presents an analysis of international law, centred upon those historical and recent events in which international law has exerted, or acquired, its force. Each chapter in this book focuses on a specific international legal event and considers what forces are put into play when international law is invoked, as it is so frequently today, by lawyers, laypeople, or leaders.

Routledge Research in International Law Series NEW

International Law in a Multipolar World

Selected Contents: 1. Introduction: Reading the Event 2. Making Spaces for Public International Law (or how God’s Empire became superfluous) 3. Latin Roots: Spanish Colonization and the Formation of International Law 4. Inventing Humanity: Global Governance After the Valladolid Debates of 1550 5. Westphalia: Sovereignty, Memory and Event 6. The Force of a Doctrine: Article 38 PCIJ as Progress for Public International Law 7. Levée en masse as Event 8. Struggle and Event: The Decolonisation of International Law 9. The New International Economic Order (NIEO): International law and Geographies of Dissent 10. 1989 and the Failure of the Event 11. ‘Comrades and Fellow South Africans…’: The End of Apartheid and the Many Strands of an International Law ‘Event’ 12. The Legal Trial as Political Event 13. The International Military Tribunal for the Far East (1946-1948) and The Women’s International War Crimes Tribunal (2000-2001): “Real” Re-Reading and Reflections on the Genre 14. Many Hundred Thousand Bodies Later: An Analysis of the ‘Legacy’ of the International Criminal Tribunal for Rwanda 15. From The State to the Union: International Law and the Appropriation of the New Europe 16. The Emergence of the WTO: Another Triumph of Corporate Capitalism? 17. The World Trade Organisation and ‘Development’: Victory of ‘rational choice’? 18. From Seattle to Cancun: Re-figuring the Inside/Out of International Trade Negotiations 19. Globalism, Memory, and 9/11: A Third World Perspective 20. World, Forum, and ‘the Insoluble’: A Lesson in Extreme Legality 21. The Iraq War and the Use of Force: Between Aggression and Liberation 22. The Torture Memos

Edited by Matthew Happold, University of Luxembourg

April 2010: 234 x 156: 240pp Hb: 978-0-415-55452-7: £70.00

The contributions to this volume consider some of the questions that multipolarity poses for the international legal system, exploring topics including the use of force, governance, sovereign equality, regionalism and the relevance of the United Nations in a multipolar world, and all address the overarching theme of the relationship between power and law.

For more information, visit: http://routledgelaw.com/9780415554527

Over the past decades, international law scholarship has tended to focus on the implications for international law of a unipolar world, characterised by US hegemony. However, recent events such as Russia’s excursion into Georgia, the breakdown of the Doha round of trade negotiations, China’s assertions of its own interests on a global scale, and the rise of regional trading blocs suggest that the international system may now be experiencing a tendency towards multipolarity, with various sites of power able to exert a telling influence on international relations and international law.

September 2010: 234 x 156: 256pp Hb: 978-0-415-56521-9: £75.00 For more information, visit: http://routledgelaw.com/9780415565219

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International Law and the Third World Reshaping Justice Edited by Richard Falk, Princeton University, USA, Balakrishnan Rajagopal, Massachusetts Institute of Technology 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 2. What May the ’Third World’ Expect from International Law? 3. International Law and the Future 4. The Evolution of International Law: Colonial and Postcolonial Realities 5. Recreating the State 6. CounterHegemonic International Law: Rethinking Human Rights and Development as a Third World Strategy 7. Why should Muslims Abandon Jihad?: Human Rights and the Future of International Law 8. Poverty, Agency and Resistance in the Future of International Law: An African Perspective 9. Between Civilisation and Barbarism: Creole Interventions in International Law 10. ’I Heard it All Before’ Egyptian Tales of Law and Development 11. The Civilised Self and the Barbaric Other: Imperial Delusions of Order and the Challenges of Human Security 12. Political Asylum and Torture: A Comparative Analysis 13. International Environmental Law, Water and the Future 14. Resistance in the Age of Empire: Occupied Discourse Pending Investigation 15. Exiled to a Liminal Legal Zone: Are we all Palestinians now? 16. Building Women into Peace: The International Legal Framework 17. Third World Approaches to International Economic Governance 2008: 246 x 174: 288pp Hb: 978-0-415-43978-7: £75.00 eBook: 978-0-203-92651-2 For more information, visit: http://routledgelaw.com/9780415439787

NEW

International Economic Actors and Human Rights Adam McBeth, Monash University, Australia In noting that the actions of entities other than states in the economic arena can and often do have a profound effect on human rights, this book poses the question as to how international human rights law can and should address that situation. This book takes three very different categories of international actor – the World Trade Organization, the international financial institutions (World Bank and IMF) and multinational enterprises – and analyses the interaction of each category with human rights, in each case analyzing the interaction of the different fields of law and seeking to identify a role for international human rights law. While written from a human rights perspective, the underlying theme of the book is one of engagement and harmonisation rather than condemnation. It provides valuable insight for those who approach this topic from a background of international trade law, commercial law or general international law, just as much as those who have a human rights background. Selected Contents: 1. Introduction 2. Human Rights in International Law 3. The Nature of Human Rights Obligations for Various International Actors 4. International Trade Law and the World Trade Organization 5. International Financial Institutions: The World Bank and the International Monetary Fund 6. Multinational Enterprises 7. Conclusion

International Legal Theory Essays and Engagements, 1966-2006 Nicholas Onuf, University of Florida, USA ’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: 1. Introduction. Theory as Autobiography Part 1: Legal Theory and Its Limits, 1966-1980 Part 2: Social Theory and the Linguistic Turn, 1980-1993 Part 3: Theory, History and Modernity, 1993-2006 2008: 234 x 156: 504pp Hb: 978-0-415-77590-8: £85.00 eBook: 978-0-203-89477-4 For more information, visit: http://routledgelaw.com/9780415775908

2009: 234 x 156: 384pp Hb: 978-0-415-48670-5: £85.00 eBook: 978-0-203-86838-6 For more information, visit: http://routledgelaw.com/9780415486705

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


int e r n at i on al l aw

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NEW

NEW

Participants in the International Legal System

Self-Determination in the Post-9/11 Era

State Accountability Under International Law

Theoretical Perspectives Edited by Jean d’Aspremont, University of Amsterdam, the Netherlands The international legal system has weathered sweeping changes over the last decade for new participants have emerged. The growing importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. While it has remained uncontested that non-State actors like individuals, insurgents, multinational corporations and even terrorist groups are nowadays – albeit differently – playing an important role on the international plane, international legal scholarship has been riddled by controversy regarding the question of their status in international law. The book features contributions by renowned scholars each of whom will look at a region, theory or tradition of international law, and will consider how that approach to international law has determined the understanding of the role and status of non-State actors within that particular school of thought. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental to that perception of non-State actors. In undertaking this study the book will necessarily assess the current position of the State in the international legal order and examine the contemporary changes that have affected the State itself. March 2011: 234 x 156: 256pp Hb: 978-0-415-56514-1: £75.00 For more information, visit: http://routledgelaw.com/9780415565141

Elizabeth Chadwick, Nottingham Trent University, UK The issue of self-determination is often thought about and discussed in terms of the post-1945 framework which attempted to balance a stable vision of state sovereignty and territorial integrity alongside the principle of the self-determination of ‘peoples’. This implied that perhaps self-determination should be realisable within contexts of domestic state political process, multi-culturalism, and/or democratic representation. However, in the last decades there has been a shift in geo-political balance regarding the ‘power to choose’ those ‘causes’ deemed more justifiable in terms of force used to achieve liberation goals. This book takes the ten-year anniversary of 9/11 as a timely point at which to review the impact on the theory and practice of selfdetermination caused by wider anti-terrorist action and a growing disregard of the laws of armed conflict. Selected Contents: 1. Introduction 2. Changes in Self-Determination Post-1989 3. U.N. Action Post-9/11, and U.N. Charter Chapter VII 4. Regional Responses to Struggles for SelfDetermination 5. Self-Determination, and Regulation of the Use of Force 6. Case Examples 7. Conclusions January 2011: 234 x 156: 320pp Hb: 978-0-415-55004-8: £75.00 For more information, visit: http://routledgelaw.com/9780415550048

Holding States Accountable for a Breach of Jus Cogens Norms Lisa Yarwood, University of Exeter, UK This book considers the extent to which States are held accountable for breaches of jus cogens norms under international law. The book puts forward a definition of State accountability as the antithesis of State impunity, and establishes a threshold against which the existence, or not, of State accountability can be determined. The book draws together the many academic theories relating to accountability that have arisen in various areas of international law including environmental law, human rights and trade law before going on to examine an emerging practice of State accountability assessing a variety of ad hoc attempts and informal mechanisms against the threshold of State accountability. The book also addresses the relationship between State accountability and the emerging practice of international humanitarian intervention to consider whether intervention could be used for the purpose of holding States accountable. Selected Contents: Part 1: Setting the Framework 1. Preliminary Note on the Relevance of the Ius ad Bellum 2. The Methodological Debate and the Quest for Custom Part 2: The Right of Self-Defence and the Armed Attack Requirement 3. Conditions of Self-Defence 4. The Armed Attack Requirement Ratione Materiae 5. The Armed Attack Requirement Ratione Temporis 6. The Armed Attack Requirement Ratione Personae 7. What Future for the Armed Attack Criterion? December 2010: 234 x 156: 320pp Hb: 978-0-415-57783-0: £75.00 For more information, visit: http://routledgelaw.com/9780415577830

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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NEW

NEW

The Problem of Enforcement in International Law

The Law of Consular Access

Countermeasures, the Non-Injured State and the Idea of International Community

John Quigley, Ohio State University, USA, William J. Aceves, California Western School of Law, San Diego, USA and Adele Shank, Practicing Lawyer, USA

International Law and the Conservation of Coral Reef Ecosystems

Elena Katselli Proukaki, Newcastle University, UK

Over the past decade, there has been an explosion of litigation at the international and domestic levels concerning consular access for foreign nationals charged with a criminal offence. The issue has complicated relations between countries, with the majority of litigation involving the United States, which has adopted a restrictive view of the consular access obligation.

This book explores the contentious topic of how collective and community issues should be protected and enforced in international law. The volume addresses both the theory and practice of third-State countermeasures within international law and critically assesses the work the International Law Commission has done in this area. The author identifies concerns about third-State countermeasures which remain unanswered, and considers the possible legal ramifications arising from a clash between a right to third-State countermeasures and obligations arising from other international norms. In taking a thorough view of the issues involved, The Problem of Enforcement in International Law explores questions evolving around the nature, integrity and effectiveness of international law and the role it is called on to play in a contemporary context. Selected Contents: 1. The International Community, Jus Cogens Norms and Obligations Erga Omnes 2. Community Interests in the Law on State Responsibility 3. Countermeasures in the Name of Community Interests in State Practice 4. Self-Contained Regimes, Solidarity Measures and the Fragmentation of International Law 5. The Principle of Proportionality 2009: 234 x 156: 320pp Hb: 978-0-415-47832-8: £75.00 eBook: 978-0-203-86556-9

A Documentary Guide

This book brings together for the first time relevant documentary sources on the law of consular access. The book includes significant excerpts alongside commentary on the documents, allowing readers to draw their own conclusions. While presenting information on the Vienna Convention on Consular Relations, the book presents other sources, including bilateral consular agreements, multilateral treaties, and key court cases from various jurisdictions. Many of these sources are not readily accessible. Selected Contents: Part 1. Introduction to Consular Access Part 2. Consular Access Obligations of a Receiving State Part 3. The Rights of a Foreign National Part 4. Consular Access in Domestic Law Part 5. Remedies at the Domestic Level Part 6. Remedies at the International Level Part 7. An Overview of Consular Access Litigation

Edward Goodwin, University of Leicester, UK Series: Routledge Research in International Environmental Law This book breaks new ground by providing the first in-depth account of the ways in which multilateral environmental treaty regimes are seeking to encourage and improve the conservation of warm-water coral reef ecosystems. In so doing, the work aims to raise the profile of such activities in order to reinforce their status on the environmental agenda. The book also has wider implications for the international environmental law project, arguing that sectorial legal action, provided it remains co-ordinated through a global forum which recognises and reflects the inter-connections between all elements of the natural environment, is the most practically effective way for international law to enhance conservation of habitats. Selected Contents: Part 1: Preliminaries Part 2: Coral Reef Ecosystems and Their Protection Part 3: The Role Of International Law September 2010: 234 x 156: 256pp Hb: 978-0-415-48980-5: £75.00 For more information, visit: http://routledgelaw.com/9780415489805

2009: 234 x 156: 328pp Hb: 978-0-415-48327-8: £80.00 eBook: 978-0-203-86665-8 For more information, visit: http://routledgelaw.com/9780415483278

For more information, visit: http://routledgelaw.com/9780415478328

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int e r n at i on al l aw

NEW

NEW

International Law and the Protection of Cultural Heritage

International Law, International Relations and Global Governance

Craig Forrest, University of Queensland, Australia The world’s cultural heritage is under threat from war, illicit trafficking, social and economic upheaval, unregulated excavation and neglect. Over a period of almost fifty years, the United Nations Educational, Scientific and Cultural Organisation has adopted five international conventions that attempt to protect this cultural heritage. This book comprehensively and critically considers these five UNESCO cultural heritage conventions. The book looks at the conventions in the context of recent events that have exposed the dangers faced by cultural heritage, including the destruction of cultural heritage sites in Iraq and the looting of the Baghdad museum, the destruction the Buddhas of Bamiyan in Afghanistan, the salvage of artefacts from the RMS Titanic and the illicit excavation and trade in Chinese, Peruvian and Italian archaeological objects. Selected Contents: 1. Defining Cultural Heritage in International Law 2. International Legal Framework 3. Cultural Heritage and Armed Conflicts 4. The Return, Restitution and Repatriation of Movable Cultural Heritage 5. World Heritage Convention 6. Underwater Cultural Heritage 7. Intangible Cultural Heritage 8. From Five International Conventions to an International Law of Co-Operation

MAJOR WORK NEW 6 Volume Set

International Law Edited by Joseph Weiler, New York University, USA and Alan Tzvika Nissel, New York University, USA and University of Helsinki, Finland

Charlotte Ku, University of Illinois College of Law, USA Series: Global Institutions This book focuses on collaborative work within the disciplines of international law and international relations, to note sample efforts to collaborate, and to assess the cultivation of an interdisciplinary outlook. Selected Contents: 1. Introduction: Scholarly Collaboration between International Law and International Relations 2. International Law and International Relations: Establishing Separate Identities 3. A Move Towards Collaboration in the Study of International Institutions 4. The Context and Background of International Activity 5. Contemporary Transnational Relations 6. Collaboration in the Study of Global Governance June 2010: 216 x 138: 192pp Hb: 978-0-415-77872-5: £65.00 Pb: 978-0-415-77873-2: £16.99 For more information, visit: http://routledgelaw.com/9780415778732

This long-awaited Routledge collection brings together canonical and the very best cutting-edge works on International Law to provide both classical and contemporary perspectives on a rapidly developing subdiscipline. The gathered materials, carefully selected by Joseph Weiler (Editor) and Alan Nissel (Associate Editor), represent traditional approaches, as well as those that rethink the international legal system. Selected Contents: Volume I: Systemic Overview Volume II: Fundamentals of International Law Volume III: International Law in and of Peace Volume IV: International Law in and of War Volume V: Legitimacy and Governance Volume VI: Interdisciplinary Approaches May 2010: 234 x 156: 2,400pp Hb: 978-0-415-40027-5: £975.00 For more information, visit: http://routledgelaw.com/9780415400275

2009: 234 x 156: 448pp Hb: 978-0-415-46781-0: £75.00 eBook: 978-0-203-86519-4 For more information, visit: http://routledgelaw.com/9780415467810

International law BACKLIST Title

Author

Date

International Law and Diplomacy

Edited by Charles Chatterjee

2007 Hb: 978-1-85743-384-5

Format & ISBN

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

Price £100.00

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NEW

NEW

NEW

Islamic Law and the Law of Armed Conflict

Jurisdiction

Regulation of the Voluntary Sector

The Conflict in Pakistan Niaz A. Shah, University of Hull, UK Series: Routledge Research in the Law of Armed Conflicts This book compares the Islamic law of armed conflict and the international humanitarian law, before going on to practically apply these findings to the current conflicts in Pakistan and Afghanistan. The book argues that although the origins and histories of Islamic and international law of armed conflicts are very different both regimes are to a great extent compatible. The book explores the details of the Islamic law of armed conflict examining its origins in the Koran, the sunnah, the hadith and views of classical jurists. In doing so Niaz Shah concludes that while the Islamic law of armed conflict certainly does not cover every aspect of current armed conflicts but the primary sources of Islamic law do not put any restrictions on carving out rules to cover modern developments in today’s armed conflicts. The book adresses the present situations in Pakistan and Afghanistan, examining the conduct of hostilities by all parties in the region including the Taliban, Al-Qaeda, the Pakistani and Afghan security forces and the US-led coalition forces and identifying violations of the laws of armed conflicts.

Shaunnagh Dorsett, Victoria University of Wellington, New Zealand and Shaun McVeigh, The Melbourne Law School, Australia Series: Critical Approaches to Law Introducing one of the central topics and concerns of jurisprudence – the authorisation and authority of law – Jurisdiction aims to re-introduce and refresh jurisdictional thinking about law by addressing the ways that questions of jurisdiction still give shape to law and to legal thought. Providing an original, and historically grounded, elaboration of the key themes of jurisdiction, this book offers students and scholars of law a way of thinking about the contemporary world, as much in terms of law’s technologies, techniques and procedures as with its ideas. Selected Contents: Part 1. Discourses of Jurisdiction 1. Inaugurating Law 2. Sovereignty and Jurisdiction Part 2. Technologies of Jurisdiction 3. Categories and the Forms of Law 4. The Devices of Law Part 3. Contemporary Jurisdictions 5. Living With-Out State Jurisdictions 6. Critical Jurisdictons. Conclusion

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 voluntary sector, this volume provides the first available comparative analysis of state responses to voluntary sector activity in the wake of September 11th.

Selected Contents: Introduction 1.The United States 2. The United Kingdom 3. Canada 4. India 5. The European Union 6. Initiatives in Response: The Montreux Initiative, Humanitarian Forum, and Other Steps. Conclusion

May 2010: 216 x 138: 144pp Hb: 978-0-415-47163-3: £75.00 Pb: 978-0-415-47165-7: £18.99

October 2009: 216 x 138: 168pp Hb: 978-0-415-42424-0: £75.00 Pb: 978-1-904385-77-6: £19.99 eBook: 978-0-203-87618-3

For more information, visit: http://routledgelaw.com/9780415471657

For more information, visit: http://routledgelaw.com/9781904385776

August 2010: 234 x 156: 288pp Hb: 978-0-415-56396-3: £75.00 For more information, visit: http://routledgelaw.com/9780415563963

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


int e r n at i on al l aw

NEW

Routledge Handbook of International Criminal Law Edited by William Schabas and Nadia Bernaz, both at National University of Ireland, Galway

International criminal law has developed extraordinarily quickly over the last decade, with the creation of ad hoc tribunals in the former Yugoslavia and Rwanda, and the establishment of a permanent International Criminal Court. This book provides a timely and comprehensive survey of the major topics in international criminal law. Featuring new, specially commissioned papers by a range of international contributors, each chapter is written by a leading expert in the field, and provides a critical assessment of the most significant areas within international criminal law.

Selected Contents: Part 1: Historical and Institutional Framework 1. Nuremberg Trial – Guéna’l Mettraux 2. Tokyo Trial – Neil Boister. 3. Early National Trials (Eichmann, Barbie, Finta) – Joe Powderly. 4. Ad Hoc Tribunals – Michael Scharf. 5. International Criminal Court – David Scheffer. 6. Hybrid or Internationalised Tribunals – Fidelma Donlon. Part 2: The Crimes 7. Genocide – Paola Gaeta. 8. Crimes Against Humanity – Meg de Guzman. 9. War Crimes – Anthony Cullen. 10. Aggression – Nick Strapatsas. 11. Terrorism – Fiona De Londras. 12. Other Crimes (Drug Trafficking, Money Laundering, etc) – Robert Cryer. Part 3: Practice of International Tribunals 13. Jurisdiction – Leila Sadat. 14. Admissibility – Mohamed El Zeidy. 15. Defences to International Crimes – Shane Darcy. 6. Participation in Crimes – Mohammed Elewa. 17. Trial and Appeal Procedure – Hakan Friman. 18. Penalties – Nadia Bernaz. 19. State Cooperation and Transfers – Kim Prost 20. Evidence – Nancy Combs. Part 4: Other Issues 21. Universal Jurisdiction – Luc Reydams 22. Immunities – Rémy Prouvèze. 23. Truth and Reconciliation Commissions – Eric Brahm. 24. State Responsibility and State Crimes – Eric Wyler. 25. Victims and Reparations – Carla Ferstman. 26. Amnesties – Louise Mallinder. 27. International Criminal Law and Human Rights – Thomas Margueritte September 2010: 246 x 174: 480pp Hb: 978-0-415-55203-5: £95.00 For more information, visit: http://routledgelaw.com/9780415552035

Routledge Handbook of International Law Edited by David Armstrong, University of Exeter, UK

This Handbook provides a definitive global survey of the interaction of international politics and international law.

Selected Contents: Part 1: The Nature of International Law 1. Is International Law Really Law? 2. The Sources of International Law 3. ‘Hard’ and ‘Soft’ Law in International Relations 4. Compliance Issues 5. International Law and International Society 6. Legal and Moral Norms in International Society 7. The Effectiveness of International Law 8. Theories of International Law 9. The Practice of International Law Part 2: The Evolution of International Law 10. The Classical World 11. The Era of Grotius 12. Nineteenth Century Positivism 13. Normative Change in International Society 14. Religion(s) and International Law 15. The ‘Legalization’ and ‘Institutionalisation’ of International Relations 16. Globalisation and Claims that We are Moving Towards a Cosmopolitan Rather than Inter-State Legal Community 17. The Increasing Role of Non-State Actors Part 3: Law and Power in International Society 18. Does Law Reflect or Constrain Power? 19. Law and Force in the Twenty First Century 20. American Hegemony and International Law (i) Pro 21. American Hegemony and International Law (ii) Anti 22. The Iraq War 23. Humanitarian Intervention Part 4: Key Issues in International Law 24. The Environment 25. Terrorism 26. The Laws of War 27. Human Rights 28. Trade 29. Finance 30. Intellectual Property 31. The United Nations 32. The International Court of Justice 33. Law of the Sea 34. Refugees and Migrants 2008: 246 x 174: 504pp Hb: 978-0-415-41876-8: £95.00 eBook: 978-0-203-88462-1 For more information, visit: http://routledgelaw.com/9780415418768

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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NEW

Serving the Rule of International Maritime Law Essays in Honour of Professor David Joseph Attard Edited by Norman A. Martínez Gutiérrez, IMO International Maritime Law Institute, Malta Serving the Rule of International Maritime Law is intended as a Liber Amicorum to Professor David Joseph Attard. It celebrates his career in international law; he played a crucial role in establishing the IMO International Maritime Law Institute in 1988, the main purpose of which is to train lawyers in private and public international maritime law. Over the last twenty years he has continued to teach at the Institute and has played an important role in contributing to the work of international fora concerned with the development of international law. This work represents a close collaboration amongst practitioners and academics involved in the field of international maritime law including IMO Secretary-General Efthimios E. Mitropoulos, Judge Helmut Tuerk, Professor Francis Reynolds Q.C. and Patrick J.S. Griggs CBE. Selected Contents: Part 1: General Part 2: The Law of the Sea Part 3: Shipping Law 2009: 234 x 156: 416pp Hb: 978-0-415-56398-7: £85.00 eBook: 978-0-203-86322-0 For more information, visit: http://routledgelaw.com/9780415563987

The Degradation of the International Legal Order?

Law and Legalization in Transnational Relations

The Rehabilitation of Law and the Possibility of Politics

Edited by Christian Brütsch, University of Zurich, Switzerland and Dirk Lehmkuhl, University of, St. Gallen, Switzerland

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) 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 2008: 234 x 156: 256pp Hb: 978-1-904385-99-8: £100.00 Pb: 978-1-904385-36-3: £31.99 eBook: 978-0-203-93012-0

Series: Routledge Advances in International Relations and Global Politics This volume addresses the emergence of multiple legal and law-like arrangements that alter the interaction between states, their delegated agencies, international organizations and non-state actors in international and transnational politics. Selected Contents: 1. Introduction 2. Complex Legalization and the Many Moves to Law 3. Transnational Legalization of Accounting: The Case of International Financial Reporting Standards 4. The Harmonization of Private Commercial Law: The Case of Secured Finance 5. Multi-Stakeholder Initiatives to Combat Money Laundering and Bribery 6. Legalization, Transnationalism and Organic Agriculture 7. Beyond Westphalia: Competitive Legalization in Emerging Transnational Regulatory Systems 8. Beyond Legalization?: How Global Standards Work 9. International Standards: Functions and Links to Law 10. Beyond Legalization: Reading the Increase, Variation and Differentiation of Legal and Law-Like Arrangements in International Relations through World Society Theory 11. The Role of the Transnational Corporation in the Process of Legalization: Insights from Economics and Corporate Social Responsibility 12. Conclusion 2007: 234 x 156: 256pp Hb: 978-0-415-42328-1: £75.00 eBook: 978-0-203-96442-2 For more information, visit: http://routledgelaw.com/9780415423281

For more information, visit: http://routledgelaw.com/9781904385363

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in tern at i on al R e l at i on s , pol i t i c s , an d l aw

INTERNATIONAL RELATIONS, POLITICS, AND LAW Routledge Research in Terrorism and the Law Series NEW

Counter-Terrorism and Beyond The Culture of Law and Justice After 9/11 Edited by Andrew Lynch, Nicola McGarrity and George Williams, all at the University of New South Wales, Australia This book considers the increasing trend towards a ‘culture of control’ in democratic countries. The counterterrorism laws adopted post-9/11 in nations such as the USA, the UK, Canada and Australia derogate, in many respects, from the ordinary principles of the criminal justice system and fundamental human rights while also harnessing public institutions in the broader project of prevention and control. Distinctively, the contributors to this volume focus on the impact of these laws outside of the counter-terrorism context. The book draws together a range of experts in both public and criminal law, from Australia and overseas, to examine the effect of counter-terrorism laws on public institutions within democracies more broadly.

NEW

NEW

Counter-Terrorism and the Detention of Suspected Terrorists

The United States, International Law and the Struggle Against Terrorism

Preventative Confinement and International Human Rights Law Claire Macken, Deakin University, Australia This book considers the controversial counter-terrorism policy of preventative detention for those people suspected of being potential terrorists, drawing on cases and practice from different jurisdictions including the US, the UK and Australia, as well as jurisprudence from the ECHR. This book analyses preventative confinement in three models of counter-terrorism policy within the context of international human rights law: an ’intelligence’ model; a ’war’ model; and a ’criminal justice’ model. Counter-Terrorism and the Detention of Suspected Terrorists argues that the way forward for Governments in counter-terrorism policy, from an international human rights law perspective, is a suggested model of pre-charge detention which would recognise the exigencies of terrorist crime, but still maintains a sufficient threshold for appropriate detention. Selected Contents: 1. Background and Definitions 2. The Legal Framework 3. Preventative Confinement under an Intelligence Model of Counter-Terrorism Policy 4. Preventative Confinement under a War Model of Counter-Terrorism Policy 5. Preventative Confinement in a Criminal Justice Model of Counter-Terrorism Policy 6. Suggestions to Governments as to how to Improve Preventative Confinement Laws in State Counter-Terrorism Policy Models 7. Summary and Conclusions August 2010: 234 x 156: 256pp Hb: 978-0-415-55051-2: £70.00

Thomas McDonnell, Pace University, USA This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing the actions taken by the Bush administration during the so-called ’War on Terrorism’ and their compliance with international law. Thomas McDonnell highlights specific topics of legal interest including torture, extra-judicial detentions and the invasions of Afghanistan and Iraq, and examines them against the backdrop of terrorist movements which have plagued Britain and Russia. 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. This book demonstrates why current counter-terrorism practices and policies should be rejected, and new policies adopted that are compatible with international law. Written for students of law, academics and policy-makers, the volume demonstrates the dangers that breaking international law carries in the ’War on Terrorism’. Selected Contents: Part 1: Imprisoning Suspected Agents of Terror Part 2: Stopping Terrorists on the Ground Part 3: Invading and Occupying Muslim Countries 2009: 234 x 156: 312pp Hb: 978-0-415-48898-3: £70.00 eBook: 978-0-203-86752-5 For more information, visit: http://routledgelaw.com/9780415488983

For more information, visit: http://routledgelaw.com/9780415550512

May 2010: 234 x 156: 256pp Hb: 978-0-415-57175-3: £75.00 For more information, visit: http://routledgelaw.com/9780415571753

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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NEW

Maritime Security International Law and Policy Perspectives from Australia and New Zealand Edited by Natalie Klein, Macquarie University, Australia, Joanna Mossop, Victoria University of Wellington, New Zealand and Donald R. Rothwell, The Australian National University 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. Australia, New Zealand and Maritime Security 2. Maritime Security and the Law of the Sea 3. Australia’s Traditional Maritime Security Concerns and Post 9/11 Perspectives 4. Maritime Security in New Zealand 5. Whose Security is it and How Much of it do We Want? The US Influence on the International Law against Maritime Terrorism 6. New Zealand and Australia’s Role in Improving Maritime Security in the Pacific Region 7. Maritime Security and Shipping Safety in the Southern Ocean 8. Counter-Terrorism and the Security of Shipping in Southeast Asia 9. Maritime Security and Oceans Policy 10. Act of State Doctrine in the Antipodes: The Intersection of National and International Law in Naval Constabulary Operations, 11. The Protection of Platforms, Pipelines and Submarine Cables under Australian and New Zealand Law 12. Maritime Domain Awareness in Australia and New Zealand 13. Intelligence Gathering and Information Sharing for Maritime Security Purposes under International Law 14. Maritime Security in the Twenty-First Century: Contemporary and Anticipated Challenges for Australia and New Zealand 2009: 234 x 156: 304pp Hb: 978-0-415-48426-8: £80.00 eBook: 978-0-203-86747-1 For more information, visit: http://routledgelaw.com/9780415484268

Policing Developing Democracies

NEW

Edited by Mercedes S. Hinton and Tim Newburn, both at London School of Economics, UK

The Codification of Atrocity in Humanitarian Law

Establishing policing systems in young democracies is profoundly difficult. It is further complicated by the emergence of the new security agenda, the issues of transnational organised crime and international terrorism, and problems with the rule of law and the role of security services and the military in young democracies. Bringing together scholars from political science, international relations and criminology this book provides an up-to-date focus on the issues raised by policing within developing democracies. Selected Contents: 1. Introduction: Policing Developing Democracies Mercedes S. Hinton and Tim Newburn. Europe 2. Turkey: Progress Towards Democratic Policing? Andrew Goldsmith 3. Policing in the ‘New’ Russia Adrian Beck and Annette Robertson 4. Policing in Serbia: Negotiating the Transition between Rhetoric and Reform Sonja Stojanovic and Mark Downes. Asia 5. Policing in South Korea: Struggle, Challenge and Reform Byongook Moon and Merry Morash 6. Democratic Policing in India: Issues and Concerns Arvind Verma 7. Police Reform and Reconstruction in Timor-Leste: A Difficult Do-Over Gordon Peake. South America 8. Venezuela Christopher Birkbeck and Luis Gerardo Gabaldón 9. The Challenges of Accountability in Democratic Mexico: Who Polices the Police? Diane Davis 10. Police and State Reform in Brazil: Bad Apple or Rotten Barrel? Mercedes S. Hinton. Africa 11. Policing in Kenya: A Selective Service Alice Hills 12. The Building of the New South African Police Service: The Dynamics of Police Reform in a Changing (and Violent) Country Antony Altbeker 13. Policing Nigeria: Challenges and Reforms Kemi Asiwaju and Otwin Marenin 2008: 234 x 156: 328pp Hb: 978-0-415-42848-4: £85.00 eBook: 978-0-203-92693-2 For more information, visit: http://routledgelaw.com/9780415428484

Testifying to Trauma Kirsten Campbell, Goldsmiths College, University of London, UK, Hannah Starman, Institute of Ethnic Studies, Slovenia and Sari Wastell, Goldsmiths College, University of London, UK How do genocide and war crimes survivors become legal witnesses? Some fifty years after the criminal prosecutions of the Nuremberg and Tokyo Tribunals of World War Two, we have yet to fully understand how law codifies the traumas of genocides and war crimes. This problem has taken on a new importance following the establishment of the international criminal tribunals in the 1990s, as well as an increasing concern with the appropriate legal resolution of war crimes in post-conflict societies such as Iraq. Against this background, 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. 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 November 2010: 234 x 156: 240pp Hb: 978-0-415-45947-1: £70.00 eBook: 978-0-203-93075-5 For more information, visit: http://routledgelaw.com/9780415459471

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


internation al relation s, pol i t i c s , an d l aw

The Courts of Genocide Politics and the Rule of Law in Rwanda and Arusha Nicholas A. 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. Selected Contents: 1. The Rwandan Genocide and the Judicial Response 2. A Theoretical Framework for Justice in the Aftermath of the Rwandan Genocide 3. The Gacaca Courts 4. The Rwandan National Judiciary 5. The International Criminal Tribunal for Rwanda 6. International Jurisprudence: Definitions of the Crimes and the Key Precedents 7. Issues Impacting the Search for Justice Across all Three Judicial Realms: Witness Protection, Hearsay, Evidence and Plea Bargaining 8. Conclusions, Predictions and Reflections 2009: 234 x 156: 256pp Hb: 978-0-415-49070-2: £80.00 eBook: 978-0-203-88080-7 For more information, visit: http://routledgelaw.com/9780415490702

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Understanding Contemporary Terrorism and the Global Response

NEW

Transitional Justice, Judicial Accountability and the Rule of Law

Paul Norman, University of Portsmouth, UK

Hakeem O. Yusuf, Queens University Belfast, UK Series: Transitional Justice Transitional Justice, Judicial Accountability and the Rule of Law addresses the importance of judicial accountability in transitional justice processes. Despite a general consensus that the judiciary plays an important role in contemporary governance, accountability for the judicial role in formerly authoritarian societies remains largely elided and under-researched. Hakeem Yusuf argues that the purview of transitional justice mechanisms should, as a matter of policy, be extended to scrutiny of the judicial role in the past. Transitional Justice, Judicial Accountability and the Rule of Law further shows that an across the board transformation of state institutions – an important aspiration of transitional processes – is virtually impossible without incorporating the third branch of government, the judiciary, into the accountability process. April 2010: 234 x 156: 224pp Hb: 978-0-415-57535-5: £75.00 eBook: 978-0-203-85175-3 For more information, visit: http://routledgelaw.com/9780415575355

An accessible examination of the dynamic inter-relationship between the phenomena of terrorism and the contemporary response at the national, regional and global level. This topical study is divided into two main sections. The first considers the contemporary study of terrorism, with new forms of terrorism (super-terrorism, cyber-terrorism and global networks) and examines these new threats in relation to previous challenges to state authority from extreme political violence. The second section of the book provides an initial overview of traditional and contemporary responses to terrorism, highlighting how qualitative changes have taken place in counter-terrorist strategies and practice (from criminal to military, from reactive to pre-emptive action, from multi-lateral to unilateral) within the new global security climate. The authors provide critical analyses of case studies within the EU’s regional response, the USA’s uniliberal response, as well as the UN’s unique multi-lateral role in monitoring and supporting increased state capacities. December 2010: 234 x 156: 192pp Hb: 978-1-84472-143-6: £65.00 Pb: 978-1-84472-142-9: £19.99 For more information, visit: http://routledgelaw.com/9781844721429

International Relations, Politics and law BACKLIST Title

Format & ISBN

Price

Law, Antisemitism and the Holocaust Edited by David Seymour 2007

Hb: 978-1-904385-43-1 Pb: 978-0-41542040-2 eBook: 978-0-203-93844-7

£85.00 £24.99

Nazi War Crimes, US Intelligence and Edited by Michael Salter 2007 Selective Prosecution at Nuremberg

Hb: 978-1-904385-81-3 Pb: 978-1-904385-80-6 eBook: 978-0-203-94510-0

£100.00 £33.99

Edited by Richard Falk 2007

Hb: 978-0-415-95508-9 Pb: 978-0-415-99509-6 eBook: 978-0-203-94070-9

£85.00 £24.99

The Costs of War

Author

Date

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates


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NEW

NEW

The Kurdish Conflict

The Fragility of Law

International Humanitarian Law and Post-Conflict Mechanisms

Constitutional Patriotism and the Jews of Belgium, 1940-1945

Kerim Yildiz, The Kurdish Human Rights Project, UK and Susan Breau, University of Surrey, UK

David Fraser, University of Nottingham, UK

This book looks at practically applying the law of armed conflicts to the ongoing conflict in Turkey and Northern Iraq. It is the first study to fully address the legal and political dimensions of the conflict, and their impact on mechanisms for conflict resolution in the region, offering a scholarly exploration of a debate that is often politically and emotionally highly charged. The application of the law to this region means that the book addresses larger questions in international law, global politics and conflict resolution including issues surrounding belligerency in international law, whether the ’war on Terror’ has resulted in changes to the law of armed conflict and terrorism and conflict resolution. Selected Contents: 1. Historical Background Part 1: Armed Conflict and the Law 2. The International Law of Armed Conflict – Jus in Bello 3. Common Article 3. Customary International Humanitarian Law, International Human Rights Law and Minimum Humanitarian Standards Applicable to the Conflict in Southeast Turkey 4. Belligerents 5. The International Law of Armed Conflict – Jus ad Bellum 6. Terrorism and the Law of Armed Conflict Part 2: Models for Resolution of Armed Conflict and Post-Conflict Mechanisms 7. Terrorism: Historical Engagement and the Global War on Terror 8. Human Rights: Models for a Political Solution and Post-Conflict Mechanisms 9. International Humanitarian Law: Recognition of Conflict as a Basis for Constructive Political Dialogue and Peace-Building

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. 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 and Co: A Case Study of Aryanization in Belgium 10. Belgian Lawyers, Belgian Judges, Jewish Cases 11. Constitutional Patriotism and the Fragility of Law 2008: 234 x 156: 304pp Hb: 978-0-415-47761-1: £80.00 eBook: 978-0-203-88500-0 For more information, visit: http://routledgelaw.com/9780415477611

May 2010: 234 x 156: 384pp Hb: 978-0-415-56270-6: £85.00 Pb: 978-0-415-56273-7: £29.99 For more information, visit: http://routledgelaw.com/9780415562737

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


labour an d e mployme n t l aw

LABOUR AND EMPLOYMENT LAW

NEW

New Governance and the European Employment Strategy Samantha Velluti, University of Liverpool, UK Series: Routledge Research in European Union Law

The Legal Regulation of Pregnancy and Parenting in the Labour Market Grace James, University of Reading, UK

This theoretically informed book deconstructs the legal regulation of pregnancy and parenting in the labour market, and asks why, despite policy ambitions and ample legislation, law is failing to protect pregnant workers and parents from detrimental treatment in the labour market.

In recent years new or experimental approaches to governance in the EU, namely the Open Method of Coordination (OMC), have attracted great interest and controversy. This book examines the European Employment Strategy (EES) and its implementation through the OMC, exploring the promises and limitations of the EES for EU social law and policy and for the safeguard of social rights. This significant and timely work offers new insights and fresh perspectives into the operation of New Governance and its relationship with both European and national law and constitutionalism. This book will be of great interest to academics, researchers and postgraduate students working in European law – specifically in the field of EU employment law and gender equality – and European governance studies in general. Selected Contents: 1. Introduction 2. Conceptualizing ’New’ EU Governance: Revisiting Law and Constitutionalism in an Evolving European Union 3. The Impact of Globalization, Market Integration and EMU on EU Social Governance 4. The Evolution of European Labour Law: from ’Employment Law’ to ’Employment Policy’ 5. The European Employment Strategy and its Implementation through the Open Method of Coordination 6. Gender Equality and Mainstreaming in the Re-Articulation of Labour Market Policies in Italy, Denmark and the Czech Republic 7. An Assessment of Ten Years of Existence of the European Employment Strategy 8. Conclusion March 2010: 234 x 156: 352pp Hb: 978-0-415-46779-7: £80.00 eBook: 978-0-203-85646-8 For more information, visit: http://routledgelaw.com/9780415467797

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 PregnancyParenting/Workplace Relationships? 4. Tribunals’ Approaches to PregnancyParenting/Workplace Conflicts 5. Pregnancy-Parenting/Workplace Conflicts and Tribunal Procedures 6. Challenging and Reforming Pregnancy-Parenting/Workplace Regulation 2008: 234 x 156: 160pp Hb: 978-0-415-43904-6: £90.00 eBook: 978-0-203-88632-8 For more information, visit: http://routledgelaw.com/9780415439046

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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LAND, PROPERTY, AND PLANNING

The Rights and Wrongs of Land Restitution ’Restoring What Was Ours’

NEW

Comparative Perspectives on Communal Lands and Individual Ownership

Edited by Derick Fay, University of California, Riverside, USA and Deborah James, London School of Economics and Political Science, UK

Selected Contents: Section 1: Situating Sustainable Futures – Challenges for Communal Land and Resources Section 2: Trends towards Individual Title – History and Context Section 3: Recognition of Communal Lands – Processes and Pressures Section 4: Issues for Communal Lands and Resources in Australia Section 5: Conclusion – Communal Governance of Land and Resources as a Sustainable Institution

The Rights and Wrongs of Land Restitution: ‘Restoring What Was Ours’ offers a critical, comparative ethnographic, examination of land restitution programs. Drawing on memories and histories of past dispossession, governments, NGOs, informal movements and individual claimants worldwide have attempted to restore and reclaim rights in land. Land restitution programs link the past and the present, and may allow former landholders to reclaim lands which provided the basis of earlier identities and livelihoods. Addressing the practical and theoretical questions that arise, this book offers a critical rethinking of the links between land restitution and property, social transition, injustice, citizenship, the state and the market.

February 2010: 234 x 156: 352pp Hb: 978-0-415-45720-0: £80.00 eBook: 978-0-203-08956-9

2008: 234 x 156: 312pp Hb: 978-0-415-46108-5: £80.00 eBook: 978-0-203-89549-8

For more information, visit: http://routledgelaw.com/9780415457200

For more information, visit: http://routledgelaw.com/9780415461085

Sustainable Futures Edited by Lee Godden and Maureen Tehan, both at University of Melbourne, Australia Comparative Perspectives on Communal Lands and Individual Ownership: Sustainable Futures addresses property and land title as central mechanisms governing access to communally-held land and resources. The collection assesses the effectiveness of property law and tenure models developed around concepts of individual ownership, for achieving long-term environmental and economic sustainability for indigenous peoples and local communities. It explores the momentum for change in the international realm, and then develops a comparative focus across Australia, North America, Africa, Peru, New Zealand and the Pacific region, examining the historical and current impacts of individuation of title on the customary law and practice of indigenous peoples and local communities. Themes of property, privatisation and sustainable communities are developed in theoretical analyses and case studies from these jurisdictions. The case studies throw into sharp relief how questions of land law and resources management should not be separated from wider issues about the long-term viability of communities. Comparative analysis allows consideration of how western models of land tenure and land title might better accommodate the exercise of traditional practices of indigenous peoples and local communities, while still promoting autonomy, choice and economic development.

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


law, ge ography, an d th e e n v i roN me n t

LAW, GEOGRAPHY, AND THE ENVIRONMENT NEW

Environmental Governance in Europe and Asia A Comparative Study of Institutional and Legislative Frameworks Jona Razzaque, University of the West of England, UK Series: Routledge Research in International Environmental Law This book offers a comparative analysis of environmental governance in Europe and Asia. The book assesses the legislative, institutional and participatory mechanisms which affect environmental governance, and analyses current issues, concerns and strategies in respect of environmental governance at the local, national, and international levels. February 2011: 234 x 156: 256pp Hb: 978-0-415-49654-4: £75.00

NEW

NEW

Lawscape

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

Property, Environment, Law Nicole Graham, University of Technology Sydney, 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. Whilst most accounts of land law have contributed cultural analyses of historical and political value, predominantly through the lens of property rights, few have contributed analyses of the natural consequences of property law through the lens of property responsibilities. Lawscape does this by addressing the relationship between the commodification of land, instituted in and by property law, and ecological and economic history. Its combining of property law and environmental law then provides an genuinely transdisciplinary analysis of the particular cultural concepts and practices of land tenure that have been created, and exported, across the globe. July 2010: 234 x 156: 240pp Hb: 978-0-415-47559-4: £70.00 For more information, visit: http://routledgelaw.com/9780415475594

For more information, visit: http://routledgelaw.com/9780415496544

Nomospheric Investigations David Delaney, Amherst College, USA The Legal, the Spatial and the Pragmatics of World-Making introduces a framework of interpretation and analysis centered on the productive neologisms ’nomosphere’ and ’nomoscape’. Nomosphere refers to the culturalmaterial environs that are constituted by the reciprocal materialization of ’the legal’, and the legal signification of the ’socio-spatial’. Nomoscapes are the spatio-legal expression and the socio-material realization of ideologies, values, pervasive power orders and social projects. They are extensive ensembles of legal spaces within and through which lives are lived and, here, these neologisms are related to the more familiar notions of governmentality and performativity. Much of what is experientially significant about how the world is as it is and what it’s like to be in the world directly implicates the dynamic interplay of space, law, meaning and power. This book provides the interpretive resources necessary for discerning and understanding the practices and projects involved in this interplay. July 2010: 234 x 156: 224pp Hb: 978-0-415-46319-5: £70.00 For more information, visit: http://routledgelaw.com/9780415463195

Law, Geography, and the Environment BACKLIST Title

Author

Date

Taking Stock of Environmental Assessment Edited by Jane Holder and 2007 Donald McGillivray

Format & ISBN

Price

Hb: 978-1-84472-101-6 Pb: 978-1-84472-100-9 eBook: 978-0-203-94494-3

£80.00 £29.99

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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NEW

Water Law for the Twenty-First Century National and International Aspects of Water Law Reform in India Edited by Philippe Cullet, School of Oriental and African Studies, University of London, UK, Alix Gowlland-Gualtieri, Roopa Madhav both at International Environmental Law Research Centre, Switzerland and Usha Ramanathan, Centre for the Study of Developing Societies, India 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: 1. Introduction, Philippe Cullet, Alix Gowlland-Gualtieri and Roopa Madhav Part 1. Background and Historical Development 2. An Overview of Common Trends in the Water Legislation of Selected Jurisdictions, Andrés Olleta 3. International Aspects of Water Law Reforms, Irina Zodrow 4. Legal Implications of Trade in ‘Real’ and ‘Virtual’ Water Resources, Alix Gowlland-Gualtieri 5. The Role of the World Bank in Water Law Reforms, Andrés Olleta Part 2. Water Law Reforms in India 6. Context for Water Sector and Water Law Reforms in India, Roopa Madhav 7. Institutional Reforms for Water, Priya Sangameswaran and Roopa Madhav 8. Drinking Water Reforms, Philippe Cullet 9. Legal Regime Governing Groundwater, Sujith Koonan 10. Law and Policy Reforms for Irrigation, Roopa Madhav Part 3. Human Rights, Social, Health and Environmental Aspects 11. International Human Rights Aspects of Water Law Reforms, Alix Gowlland Gualtieri 12. Water Sector Reforms and Principles of International Environmental Law, David Takacs 13. Water, Health and Water Quality Regulation, Sujith Koonan and Adil Hasan Khan 14. Final Remarks, Philippe Cullet, Alix Gowlland-Gualtieri and Roopa Madhav 2009: 234 x 156: 352pp Hb: 978-0-415-47753-6: £65.00 eBook: 978-0-203-86776-1 For more information, visit: http://routledgelaw.com/9780415477536

MAJOR WORK 4 Volume Set

NEW

Environmental Law Edited by Stuart Bell and Donald McGillivray, University of Kent, UK This Major Work is a four-volume collection of foundational and cutting-edge research about environmental law. October 2010: 234 x 156: 1600pp Hb: 978-0-415-44264-0: £650.00 For more information, visit: http://routledgelaw.com/9780415442640

LAW, GLOBALIZATION, AND INTERNATIONAL DEVELOPMENT Law, Development and Globalization Series Edited by Julio Faundez, University of Warwick, UK During the past two decades, a substantial transformation of law and legal institutions in developing and transition countries has taken place. Whether prompted by the policy prescriptions of the so-called Washington consensus, the wave of democratization, the international human rights movement or the emergence of new social movements, no area of law has been left untouched. The aim of this series is to promote cross-disciplinary dialogue and cooperation amongst scholars and development practitioners interested in understanding the theoretical and practical implications of the momentous legal changes taking place in developing countries.

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


law, globalization , an d i n t e r n at i on al dev e lopme n t

Global Perspectives on the Rule of Law Edited by James J. Heckman, University of Chicago, USA, Robert L. Nelson, Northwestern University, USA and Lee Cabatingan

Global Perspectives on the Rule of Law is a collection of original research on the rule of law from a panel of leading economists, political scientists, legal scholars, sociologists, and historians. The chapters critically analyze the meaning and foundations of the rule of law and its relationship to economic and democratic development, challenging many of the underlying assumptions guiding the burgeoning field of rule of law development. The combination of jurisprudential, quantitative, historical/ comparative, and theoretical analyses seeks to chart a new course in scholarship on the rule of law: the volume as a whole takes seriously the role of law in pursuing global justice, while confronting the complexity of instituting the rule of law and delivering its promised benefits. Selected Contents: Part 1: Assessing Rule of Law Development Part 2: Global Justice and the World Community Part 3: Rule of Law and Economic Development Part 4: Rule of Law and Political Development 2009: 234 x 156: 358pp Hb: 978-0-415-49955-2: £80.00 eBook: 978-0-203-87059-4 For more information, visit: http://routledgelaw.com/9780415499552

NEW

NEW

Governance Through Development

Law in the Pursuit of Development

Poverty Reduction Strategies and the Disciplining of Third World States

Principles into Practice?

Celine Tan, University of Birmingham, UK

Governance Through Development locates the Poverty Reduction Strategy Paper (PRSP) framework within the broader context of international law and global governance; exploring its impact on third world state engagement with the global political economy and the international regulatory norms and institutions which support it. The Poverty Reduction Strategy Paper framework has replaced the controversial Structural Adjustment Programme, as the primary mechanism through which official development financing is channelled to low-income developing countries. It has, however, changed the regulatory landscape of international development financing, signalling a wider paradigmatic shift in the cartography of aid and consequently in the nature of north-south relations. Governance Through Development documents and analyses this change which, within a legacy of postcolonial economic relations, revealing the wider economic and geo-political significance of the PRSP framework. This framework, Celine Tan argues, establishes a new regulatory regime that builds upon the disciplinary project of structural adjustment by embedding neoliberal economic conditionalities within a regime of domestic governance and public policy reform. February 2010: 234 x 156: 224pp Hb: 978-0-415-49554-7: £70.00 For more information, visit: http://routledgelaw.com/9780415495547

Edited by Amanda Perry Kessaris, University of London, UK Law in the Pursuit of Development critically explores the relationships between contemporary principles and practice in law and development.

Selected Contents: 1. Introduction 2. Political Consumption: Possibilities and Challenges 3. Engendering Responsibility in Global Markets: Valuing the Women of Kenya’s Agricultural Sector 4. Access to Medicines Versus Protection of ‘Investments’ in Intellectual Property: Reconciliation through Interpretation? 5. Development, Cultural Self-Determination and the World Trade Organization 6. Liberalisation and Environmental legislation in India 7. Accountability Mechanisms of Multilateral Development Banks: Powers, Complications, Enhancements 8. Community Participation in Biodiversity Conservation: Emerging Localities of Tension 9. Stock Exchanges in East Africa: Something Borrowed, Something New? 10. Rule of Law Assistance Discourse and Practice: Japanese Inflections 11. Rule of Law or Washington Consensus: The Evolution of the World Bank’s Approach to Legal and Judicial Reform 12. With Friends Like These: Can Multilateral Development Banks Promote Institutional Development to Strengthen the Rule of Law? 13. World Bank Rule of Law Assistance in Fragile States: The End of the Beginning or the Beginning of the End? 14. Assessing the Socio-Cultural Viability of Rule of Law Policies in Post-Conflict Societies: Culture Clash 15. Land and Power in Afghanistan: In Pursuit of Law and Justice? 2009: 234 x 156: 304pp Hb: 978-0-415-48589-0: £80.00 eBook: 978-0-203-86352-7 For more information, visit: http://routledgelaw.com/9780415485890

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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law, globalization, and international development

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NEW

NEW

Marginalized Communities and Access to Justice

Social Movements, Law and the Politics of Land Reform

Edited by Yash Ghai CBE and Jill Cottrell, both at University of Hong Kong

George Meszaros, University of Warwick, UK

The studies contained in this book – undertaken by internationally renowned scholars and practitioners – examine the role of courts and similar bodies in administering the laws that pertain to the entitlements of marginalized communities, and address individuals’ and organizations’ access to institutions of justice: primarily, but not exclusively, courts. They raise broad questions about the commitment of the state to law and human rights as the principal framework for policy and executive authority, as well as the impetus to law reform through litigation. Offering insights into the difficulties of enforcing, and indeed of the will to enforce, the law, this book thus engages fundamental questions about value of engagement with the formal legal system for marginalized communities. 2009: 234 x 156: 288pp Hb: 978-0-415-49774-9: £70.00 eBook: 978-0-203-86640-5 For more information, visit: http://routledgelaw.com/9780415497749

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. 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 April 2010: 234 x 156: 240pp Hb: 978-0-415-47771-0: £70.00 For more information, visit: http://routledgelaw.com/9780415477710

State Violence and Human Rights State Officials in the South Edited by Andrew M. Jefferson and Steffen Jensen both at Rehabilitation and Research Centre for Torture Victims, Denmark

Addressing how state representatives have to negotiate the tensions between international legal imperatives, the expectations of donors, the demands of institutions, as well as their own interests, 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. Selected Contents: Introduction 1. The Politics of Palestinian Legal Reform: Judicial Independence and Accountability Under Occupation 2. Traditional Authority and Localization of State Law: The Intricacies of Boundary Making in Policing Rural Mozambique 3. The Vision of the State: Audiences, Enchantments and Policing in South Africa 4. Translating Human Rights in the Margins: A Police-Migrant Encounter in Johannesburg 5. The Special Field Force and Namibian Ex-Combatant ’Reintegration’ 6. On Hangings and the Dubious Embodiment of Statehood in Nigerian Prisons 7. Taking the Snake out of the Basket – Indian Prison Warders’ Opposition to Human Rights Reform 8. Community Policing Programmes as Police Human Rights Strategies in Costa Rica 9. Commentary: The Piggy-in-theMiddle 2009: 234 x 156: 224pp Hb: 978-0-415-47772-7: £75.00 eBook: 978-0-203-88198-9 For more information, visit: http://routledgelaw.com/978041547772

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


law, globalization, and international development

The Political Economy of Government Auditing Financial Governance and the Rule of Law in Latin America and Beyond Carlos Santiso, African Development Bank, Tunisia

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. 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 2009: 234 x 156: 208pp Hb: 978-0-415-47773-4: £80.00 eBook: 978-0-203-87689-3 For more information, visit: http://routledgelaw.com/9780415477734

NEW

NEW

From Heritage to Terrorism

Globalisation and the Quest for Social and Environmental Justice

Regulating Tourism in an Age of Uncertainty Brian Simpson, University of New England, Australia and Cheryl Simpson, Flinders University, Australia This book takes a critical approach to the role of the law in shaping and defining tourism and the tourism experience. It utilizes a range of legal documents and materials from across a variety of disciplines to achieve its objectives. Selected Contents: Fundamental Issues and Debates in Tourism and Law. Culture, Tourism and the Law. The Regulation of Cities and Tourism. Sex Tourism: Cultural Experience or Exploitation?: Cheap Labour and the Tourism Experience. Indigenous People, their Culture, Tourism and the Law. Sustainable Tourism: A Contradiction in Terms?: Tourists as Targets September 2010: 234 x 156: 288pp Hb: 978-0-415-42559-9: £95.00 Pb: 978-1-904385-50-9: £29.99 For more information, visit: http://routledgelaw.com/9781904385509

The Relevance of International Law in an Evolving World Order Edited by Shawkat Alam, Natalie Klein and Juliette Overland, all at Macquarie University, Australia This book is an exploration of the intricate nexus that emerges as a result of globalisation, inextricably linking together issues of international law, human rights, environmental law and international trade law. Bringing together a number of experts in the field, this book focuses on the areas of social justice and environmental justice, and explores the links that exists between the two and the effect of globalisation on these areas. As globalisation has many facets and actors, the contributions to the book engage with interdisciplinary research to deal with the various challenges identified, and critically explore both the potential of globalisation as a vehicle of sustainable and equitable development. Selected Contents: Part 1: Globalisation and Environment Part 2: Globalisation and Human Rights Part 3: Globalisation and Economic Development Part 4: Globalisation and NGOs/ Non-State Actors/International Civil Society October 2010: 234 x 156: 256pp Hb: 978-0-415-49910-1: £75.00 For more information, visit: http://routledgelaw.com/9780415499101

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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law, globalization, and international development

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NEW

International Development

Neoliberalism and the Law in Post Communist Transition

Rules, Rubrics and Riches

Sundhya Pahuja, University of Melbourne, Australia and Ruth Buchanan, York University, Canada Series: Critical Approaches to 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. 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 February 2011: 216 x 138: 144pp Hb: 978-0-415-43290-0: £75.00 Pb: 978-0-415-43291-7: £18.99

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 economies, focusing on the process of post communist transition in Russia. This book aims to close a gap in the literature on post communist transition by offering a theoretical interpretation of Russia’s experience which makes transition reform models comparable to development reform models. Focusing on the role of law and the relationship of economic priorities to law reform, this work offers a critical evaluation of currently dominant theories of economic and legal reform put to use in varied transition and development scenarios. In looking at the ideas which directed and animated reform in Russia, an enquiry is thus made into the wider relationship between democracy, regulation and the market in contemporary 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 March 2010: 234 x 156: 256pp Hb: 978-0-415-48654-5: £70.00 eBook: 978-0-203-85640-6

The Interrelations between Legal Reform and International Development Shailaja Fennell, University of Cambridge, UK

Rules, Rubrics and Riches 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‘? Selected Contents: 1. The Market Economy, the Rule of Law and the Path of Development 2. All in the Family: Gender and Identity within the Household 3. Group Rights, Distributional Conflicts and the Making of Unequal Identities 4. National and Sub-National Institutions 5. The Interface Between the Global and National 6. Dissonances and Discordances: From Deaf Ears to Inclusive Development 7. Equitable Laws for a New Paradigm of Wealth and Accumulation 2009: 234 x 156: 232pp Hb: 978-1-904385-29-5: £85.00 Pb: 978-0-415-42035-8: £27.99 eBook: 978-0-203-87151-5 For more information, visit: http://routledgelaw.com/9780415420358

For more information, visit: http://routledgelaw.com/9780415486545

For more information, visit: http://routledgelaw.com/9780415432917

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law, globalization, and international development

Serving Whose Interests?

The Right to Development in International Law

The Political Economy of Trade in Services Agreements

The Case of Pakistan

Jane Kelsey, University of Auckland, New Zealand

Series: Routledge Research in Human Rights Law

Serving Whose Interests? examines the political economy of trade in services agreements. It explores the tensions and contradictions in the GATS and bilateral trade agreements by combining a theoretical and technical analysis with 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. The product of extensive research by an internationally renowned expert in the area, yet written in an accessible manner, Serving Whose Interests? will be of interest to informed trade specialists, academics, and students working in the areas of international trade and international trade law, and others with interests in the organisation and regulation of the global economy.

Khurshid Iqbal The Right to Development in International Law rigorously explores the right to development (RTD) from the perspectives of international law as well as the constitutionally guaranteed fundamental rights and the Islamic concept of social justice in Pakistan. The volume draws on a wide range of relevant sources to analyse the legal status of international cooperation in contemporary international law, before exploring the domestic application of the right to development looking at the example of Pakistan, a country that is undergoing radical transformation in terms of its internal governance structures and the challenges it faces for enforcing the rule of law. Of particular importance is the examination of the RTD and Shari‘ah law in Pakistan which adds a new perspective to the RTD debate and enriches the discussion about human rights and Shari‘ah across the world. Through focusing on Pakistan, the book links international perspectives and the international human rights framework with the domestic constitutional apparatus for enforcing the RTD within that jurisdiction. In doing so, Khurshid Iqbal argues that the RTD may be promoted through existing constitutional mechanisms if fundamental rights are widely interpreted by the superior courts, effectively implemented by the lower courts and if Shari‘ah law is progressively interpreted in public interest. 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 2009: 234 x 156: 296pp Hb: 978-0-415-47941-7: £70.00 eBook: 978-0-203-87497-4 For more information, visit: http://routledgelaw.com/9780415479417

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? 2008: 234 x 156: 416pp Hb: 978-0-415-44821-5: £95.00 Pb: 978-0-415-44822-2: £31.99 eBook: 978-0-203-93393-0 For more information, visit: http://routledgelaw.com/9780415448222

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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law, m ed ia, an d cultur e

54

LAW, MEDIA, AND CULTURE NEW

Emotion, Genre, and Justice in Film and Television Deidre Pribram, Molloy College, USA Series: Routledge Research in Cultural and Media Studies In this study, Deidre Pribram uses the law and order generic network and its relationship to juridical discourses to show how emotions are deployed to construct ideologies of law and justice while, simultaneously, constructing cultural understandings of the meaning of various emotions. Emotions are considered from the perspective of the specific ways they function in media texts to frame and maintain complex cultural notions such as law, justice, and injustice. June 2010: 234x156: 256pp Hb: 978-0-415-99828-4: £60.00 For more information, visit: http://routledgelaw.com/9780415998284

NEW

NEW

Law and Art

The Scene of Violence

Ethics, Aesthetics, Justice Edited by Oren Ben-Dor, University of Southampton, UK The contributions to Law and Art address the interaction between law, justice, the ethical, and the aesthetic. Selected Contents: Part 1: Law between Ethics and Aesthetics 1. Poetic Justice: Art and the Measure of Mortality, Krzysztof Ziarek 2. Art, Law, Comparison, Igor Stramignoni 3. Judaism in The No Man’s Land: Between Law and Ethics, Ariella Atzmon 4. Law’s Image, Costas Douzinas 5. The Aesthetics of the Everyday and the Form of the Law, Adam Gearey Part 2: Creativity, Singularity and the Law 1. In the Absence of Judgement: Critical Art Practice and the Law, Jamie Stapleton 2. The Torch of Art and the Sword of Law: Between Particularity and Universality, Zenon Bankowski and Maksymilian Del Mar 3. The Rise and Fall of Moral Security: Hugo Grotius, Joseph Conrad and the Waters of the Malay Archipelago, Stephanie Jones 4. Musical Performance, the Academy, and the Law-Givers, Thomas Irvine 5. Reading law as literature: Cases for Conversation, Robin Lister Part 3: Law, Art and Violence 1. The Sublime Origin of Violence, Oren Ben-Dor 2. As the Osprey to the Fish: Shakespeare and the Force of Law, Richard Wilson 3. Emergency Art: The Revolution will not be Curated!, Bernadette Buckley 4. The Play of Terror, Ian Ward Part 4: Law, Justice and the Image 1. Francis Bacon’s ’armature’: a justice that Cannot be Told, Panu Minkkinnen 2. Images, Emblems, Laws, Peter Goodrich 3. Not Yet: Aboriginal People and the Rule of Law, Desmond Manderson 4. The Awnings of Justice: De Chirico and Luhmann Against the Horizon, Andreas PhilippopoulosMihalopoulos 5. Law and Architecture: The Construction of Meaningful Spaces, Alain Pottage

Cinema, Crime, Affect Alison Young, Melbourne University, Australia

In the contemporary fascination with images of crime, violence gets under our skin and keeps us enthralled. The Scene of Violence explores the spectator’s encounter with the cinematic scene of violence – rape and revenge, homicide and serial killing, torture, and terrorism. Providing a detailed reading of both classical and contemporary films, Alison Young returns the affective processes of the cinematic image to the study of law, crime and violence. Engaging with legal theory, cultural criminology, and film studies, the book unfolds both our attachment to the authority of law and our identification with the illicit. Its original contribution is to bring together the cultural fascination of crime with a nuanced account of what it means to watch cinema. The Scene of Violence shows how the spectator is bound by the laws of film to the judgment of the crime-image. Selected Contents: 1. The Crime-Image 2. Judging the Affect of Screen Violence 3. ’Don’t You Fucking Look At Me’: Sexual Injury, Vision and Cinematic Revenge 4. The Serial Killer’s Accomplice 5. The Cinema of Disaster: Screening 9/11 6. No End to Violence?

August 2010: 234 x 156: 288pp Hb: 978-0-415-56021-4: £75.00

2009: 234 x 156: 200pp Hb: 978-0-415-49071-9: £70.00 eBook: 978-0-203-88079-1

For more information, visit: http://routledgelaw.com/9780415560214

For more information, visit: http://routledgelaw.com/9780415490719

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law, in formation , an d t e c h n olog y

LAW, information, AND TECHNOLOGY Routledge Research in Information Technology and E-Commerce Law Series NEW

NEW

Law of Electronic Commercial Transactions

Online Dispute Resolution for Consumers in the European Union

Contemporary Issues in the EU, US and China Faye Fangfei Wang, Bournemouth University, UK This book compares the legislative frameworks of e-commerce in the EU, US, China and International Organisations. It highlights and analyses the main legal obstacles to the establishment of trust and confidence in doing business online. It provides an in-depth research into finding solutions to remove the barriers to the validity of electronic contracts and signatures, the enforceability of data privacy protection, the determination of Internet jurisdiction and choice of law, as well as the promotion of online dispute resolution. Selected Contents: Part 1: Introduction 1. The Legal and Business Landscape of Electronic Commercial Transactions 2. Technical and Legal Barriers to Online Commerce Part 2: Electronic Contracts 3. What is an Electronic Contract? 4.When is an electronic Contract Made? 5. Where is the Contract Made? 6. Contemporary Issue: Electronic Battle of Forms Part 3: Online Security 7. Electronic Signatures 8. Electronic Authentication 9. Contemporary Issue: Protecting Information in Electronic Communications Part 4: Dispute Resolutions 10. Resolving Electronic Commercial Disputes Part 5: The Future 11. Conclusions and Recommendations January 2010: 234 x 156: 224pp Hb: 978-0-415-55745-0: £65.00 eBook: 978-0-203-86000-7 For more information, visit: http://routledgelaw.com/9780415557450

Pablo Cortés, University of Leicester, UK This book provides the first in-depth account of Online Dispute Resolution (ODR) for consumers in the EU context, offering a comprehensive and up to date investigation of the development of ODR for business to consumer disputes within the EU. It considers the current development of ODR and evaluates the challenges posed by its growth, before going on to examine the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation. The book outlines the need to create a Directive to close the gap between the potential of ODR services and their actual use, thus achieving a greater enforcement of consumer rights within the EU, arguing that ODR, if it is to realise its full potential in the resolution and enforcement of e-commerce disputes, must be grounded firmly on a European regulatory model. Selected Contents: 1. Consumer Protection and Access to Justice in the E-Commerce Era: A European Perspective 2. Online Dispute Resolution as a Consumer Redress Strategy 3. Consumer Adversarial Processes Supported by ICT: Court Processes and Arbitration 4. Online Mediation for Consumers: The Way Forward 5. The Need for a Legal Framework to Develop Consumer ODR in the EU 6. Conclusion February 2010: 234 x 156: 256pp Hb: 978-0-415-56207-2: £75.00 For more information, visit: http://routledgelaw.com/9780415562072

NEW

The Current State of Domain Name Regulation Domain Names as Second Class Citizens in a Mark-Dominated World Konstantinos Komaitis, University of Strathclyde, UK This book looks at the topic of domain names, evaluating the behaviour of domain names within the rule of law as well as their regulatory frameworks. The book explores the philosophical, procedural, economical, theoretical and scientific contexts which affect the current legal status of domain names, and analyses the current system of adjudication of disputes concerning domain names. The book looks at the similarities between domain names and trade marks, and how this can be used to determine the property nature of domain names. Drawing on experience from various jurisdictions, including that of the US, Konstantinos Komaitis uses this theory of domain names as property to suggest solutions as to how the regulation of domain names can be reformed. Selected Contents: 1. Introduction Part 1: Issues of Authority 2. Regulating Cyberspace 3. The Authority of the Uniform Domain Name Dispute Resolution Policy (UDRP) Part 2: Issues of Precedural Justice 4. ICANN’s UDRP Procedural Unfairness 5. Principles of Procedural Justice in the Context of the UDRP 6. Domestic Legislation: A Viable Alternative to the UDRP? 7. The UDRP and ACPA: Two Systems with No Right Answers to Domain Name Disputes Part 3: Substantive Justice 8. Legal Nature of Trade Marks 9. The Legal Nature of Domain Names 10. Conclusion May 2010: 234 x 156: 256pp Hb: 978-0-415-47776-5: £65.00 For more information, visit: http://routledgelaw.com/9780415477765

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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LEGAL THEORY

Nomikoi: Critical Legal Thinkers Series

Understanding Law and Society

Edited by Peter Goodrich, Cardozo School of Law, New York, USA and David Seymour, Lancaster University, UK

Max Travers, University of Tasmina, Australia

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.

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, the legal profession, pornography, mediation, religious tolerance, and euthanasia – in order to distinguish a sociological approach to law from ’black-letter’, jurisprudential and empirical policy-oriented traditions. Beginning with ’classical’, ’consensus’ and ’critical’ sociological approaches, the book covers the full range of contemporary perspectives, including the new institutionalism, feminism, the interpretive tradition, postmodernism, legal pluralism and globalisation. It then concludes with a consideration of current theoretical issues, as well as a reflection upon the importance of a sociological approach to law. Selected Contents: 1. Introduction 2. Classical Thinkers 3. The Consensus Tradition 4. Critical Perspectives 5. Feminism and Law 6. The Interpretive Tradition 7. Postmodernism and Difference 8. Legal Pluralism and Globalisation 9. Conclusion

NEW

Carl Schmitt Law as Politics, Ideology and Strategic Myth Michael Salter, University of Central Lancashire, UK There has been and continues to be a remarkable revival in academic interest in Carl Schmitt’s thought within politics, but this is the first book to address his thought from an explicitly legal theoretical perspective. Transcending the prevailing one-sided and purely historical focus on Schmitt’s significance for debates that took place in the Weimar Republic 1919–1933, this book addresses the actual and potential significance of Schmitt’s thought for debates within contemporary Anglo-American legal theory that have emerged during the past three decades. These include: the critique of legal positivism; the ‘indeterminacy thesis’ of American Critical Legal Studies; the reinterpretation of law as a form of strategically disguised politics by the contemporary sociology of law movement; the emphasis upon law as implicated in, and as aspect of, a network of mobile yet dispersed power relationships irreducible to a central state; the legal theoretical critique of human rights and liberalism more generally; Schmitt’s critique of innovations within international criminal law: the inhumanity and hypocrisy of supposedly universalistic ‘crimes against humanity’; and the retrospective criminalisation of ‘aggressive war’ as part of the Nuremberg trials process. In these respects, therefore, Michael Salter provides an overview and assessment of Schmitt’s thought, as well as a consideration of its relevance for contemporary legal thought. September 2010: 234 x 156: 224pp Hb: 978-0-415-47850-2: £70.00 For more information, visit: http://routledgelaw.com/9780415478502

July 2009: 234x 156: 224pp Hb: 978-0-415-43032-6: £90.00 Pb: 978-0-415-43033-3: £28.99 For more information, visit: http://routledgelaw.com/9780415430333

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


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NEW

NEW

NEW

Deleuze and Guattari: Emergent Law

Giorgio Agamben

Henri Lefebvre

Power, Law and the Uses of Criticism

Spatial Politics, Everyday Life and the Right to the City

Thanos Zartaloudis, University of London, UK

Chris Butler, Griffith University, Australia

Henri Lefebvre: Spatial Politics, Everyday Life and the Right to the City 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.

Jamie Murray, Liverpool John Moores University, UK Deleuze and Guattari: Emergent Law is an exposition and development of Deleuze and Guattari’s legal theory. Although there has been considerable interest in Deleuze and Guattari in critical legal studies, as well as considerable interest in legality in Deleuze and Guattari studies, this is the first book to focus exclusively on Deleuze and Guattari and law. Situating Deleuze and Guattari’s engagement with social organisation and legality in the context of their theory of ’abstract machines’ and ’intensive assemblages’, Jamie Murray presents their theory of law as that of a two-fold conception of, first, a transcendent molar law and, second, an immanent molecular emergent law. Deleuze and Guattari: Emergent Law draws out its implications for current and for future legal theory; arguing that it provides the basis for a new jurisprudence capable of creating new concepts of legality. Selected Contents: 1. The Deleuzian Ontology 2. The Deleuzian Epistemology 3. The Assemblage Theory of Legality 4. On Two Planes: Molar Law and Emergent Law 5. Social Machines: Topology of Regimes of Legalities 6. What is Deleuze and Guattari Critical Legal Theory? November 2010: 234 x 156: 192pp Hb: 978-0-415-49601-8: £70.00 For more information, visit: http://routledgelaw.com/9780415496018

Giorgio Agamben is a thorough engagement with the thought of the influential Italian philosopher Giorgio Agamben. It explores Agamben’s work on language, ontology, power, law and criticism from the 1970s to his most recent publications. Introducing Agamben’s work to a readership in legal theory, as well as in the humanities and social sciences more generally, Thanos Zartaloudis argues that an adequate understanding of Agamben’s Homo Sacer project requires an attention to his earlier philosophical writings on language, ontology, power, and time. Zartaloudis here presents a rethinking of the ideas of justice and criticism.

Selected Contents: Introduction: Critical Legal Studies and Henri Lefebvre 1. The Social Theory of Henri Lefebvre 2. Critical Legal Theory and the Production of Abstract Space 3. Law, the State and the Politics of Space 4. Administrative Power and the Rhythms of Everyday Life 5. The Right to the City and the Production of Differential Space. Conclusions and Openings October 2010: 234 x 156: 176pp Hb: 978-0-415-45967-9: £70.00 eBook: 978-0-203-88076-0 For more information, visit: http://routledgelaw.com/9780415459679

Selected Contents: 1. Sacred Foundations: Mythologemes of Law and Power 2. Oikonomia of Power 3. Sovereignty: A Gigantomachy over a Void 4. Insignificant Lives 5. The Sacrament of Power and the Sacrament of Language 6. The Idea of Justice: The Philosophy of the Remnant February 2010: 234 x 156: 320pp Hb: 978-0-415-44022-6: £75.00 eBook: 978-0-203-85971-1 For more information, visit: http://routledgelaw.com/9780415440226

Legal Theory BACKLIST Title

Author

Date

Format & ISBN

Price

Evgeny Pashukanis

Edited by Michael Head

2007

Hb: 978-1-904385-76-9 Pb: 978-1-904385-75-2 eBook: 978-0-203-94526-1

£90.00 £31.99

Hb: 978-1-914385-45-6 Pb: 978-0-415-42041-9 eBook: 978-0-203-94518-6

£95.00 £32.99

Judith Butler

Edited by Elena Loizidou

2008

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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NEW

NEW

Risk and the Law

Niklas Luhmann: Law, Justice, Society

After Sovereignty

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

Andreas PhilippopoulosMihalopoulos, University of Westminster, London, UK

Niklas Luhmann: Law, Justice, Society presents the work of sociologist Niklas Luhmann in a radical new light. Luhmann’s theory is here introduced both in terms of society at large and the legal system specifically, and for the first time, Luhmann’s texts are systematically read together with theoretical insights from post-structuralism, deconstruction, phenomenology, radical ethics, feminism, and post-ecologism. In his far-reaching book, Andreas Philippopoulos-Mihalopoulos distances Luhmann’s theory from its misrepresentations as conservative, rigorously positivist and disconnected from empirical reality, and firmly locates it in a sphere of post-ideological jurisprudence. Selected Contents: Introduction. Society and its Law. Paradox. Law’s Other: Justice. Politics, Science, Economics, Religion and the Law. An Application: Environmental Law. Conclusion August 2009: 234 x 156: 248pp Hb: 978-0-415-45108-6: £75.00 eBook: 978-0-203-87208-6 For more information, visit: http://routledgelaw.com/9780415451086

On the Question of Political Beginnings Edited by Charles Barbour, University of Western Sydney, Australia and George Pavlich, University of Alberta, Canada

Addressing the three dominant contemporary attitudes towards sovereignty – Sovereignty Renewed; Sovereignty Rethought; Sovereignty Rejected – After Sovereignty considers the vexed question of sovereignty in contemporary social, political, and legal theory. Selected Contents: Introduction George Pavlich and Charles Barbour 1. Leveraging Leviathan Peter Fitzpatrick 2. On the Subject of Sovereigns George Pavlich 3. Sovereignty After Sovereignty Richard Joyce 4. Sovereignty without Sovereignty: Derrida’s Declarations of Independence Jacques De Ville 5. Freedom After the Law: Arendt and Nancy’s Concept of ‘The Political’ Catherine Kellogg 6. Exception and Event: Schmitt Arendt, and Badiou, Charles Barbour 7. Rival Jurisdictions: The Promise and Loss of Sovereignty Shaun McVeigh and Sundhya Pahuja 8. After Sovereignty: Spectres of Colonialism Bryan Hogeveen 9. What Comes After Sovereignty Oscar Guardiola-Rivera 10. Polymorphous Sovereignty Stephen Humphreys 11. Giorgio Agamben: Thought Between Two Revolutions Amy Swiffen 12. Walter Benjamin Eschatology and the Sovereignty of Power James Martel

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 2008: 234 x 156: 224pp Hb: 978-0-415-47149-7: £75.00 eBook: 978-0-203-89129-2 For more information, visit: http://routledgelaw.com/9780415471497

October 2009: 234 x 156: 216pp Hb: 978-0-415-49041-2: £70.00 eBook: 978-0-203-88082-1 For more information, visit: http://routledgelaw.com/9780415490412

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


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Arguing About Law Edited by Aileen Kavanagh, University of Oxford, UK and John Oberdiek, Rutgers School of Law, Camden, USA Series: Arguing About Philosophy

An inventive and stimulating Reader for students new to philosophy of law, legal theory and jurisprudence. It covers a wide range of topics, helping the student get to grips with the classic and core arguments and emerging debates in philosophy of law in an accessible and engaging way. Selected Contents: General Jurisprudence 1. The Nature of Law: Framing the Debate 2. Legality and Morality Law, the State and the Individual 3. The Rule of Law 4. The Duty to Obey the Law 5. The Legal Enforcement of Sexual Morality Rights 6. The Nature of Rights 7. Rights, Terrorism, and Torture Theorizing Areas of Law 8. Constitutional Theory: Interpretation and Authority 9. Criminal Law Theory: Punishment 10. Tort Theory: Corrective Justice Critical Approaches to Law 11. Critical Legal Studies, Critical Race Theory and Feminist Theory 2008: 254 x 177: 632pp Hb: 978-0-415-46241-9: £70.00 Pb: 978-0-415-46242-6: £24.99 For more information, visit: http://routledgelaw.com/9780415462426

Birkbeck Law Press Series 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 cultureal specifities 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.

Being Against the World Rebellion and Constitution Oscar Guardiola-Rivera, University of London, UK

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 and Rock ‘n Roll: On Music as an Organising Principle 10. Guevara’s Choice: On Revolution as a Radical Organising Principle

The Other’s War Recognition and the Violence of Ethics Tarik Kochi, University of Sussex, UK

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. 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 2009: 234 x 156: 288pp Hb: 978-0-415-48270-7: £80.00 Pb: 978-0-415-57143-2: £28.99 eBook: 978-0-203-88220-7 For more information, visit: http://routledgelaw.com/9780415571432

2008: 234 x 156: 304pp Hb: 978-0-415-45945-7: £90.00 Pb: 978-0-415-45946-4: £31.99 eBook: 978-0-203-93076-2 For more information, visit: http://routledgelaw.com/9780415459464

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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NEW

The Eye of the Law

NEW

Revenge versus Legality

Two Essays on Legal History

Human Rights or Citizenship?

Wild Justice from Balzac to Clint Eastwood and Abu Ghraib Katherine Maynard, Rider University, USA, James Guimond and Jarod Kearney, Rider University, USA Revenge versus Legality addresses the relationship between law and wild or vigilante justice; between the power to enforce retribution and the desire to seek revenge. Taking up a variety of narratives from the eras of Romanticism, Realism, Modernism, and the Contemporary period, and including new theories to explain the interactions that occur between legalistic courtroom justice and the vigilante variety, Revenge versus Legality analyzes some of the main obstacles to justice, ranging from judicial corruption, to racism and imperialism. The book culminates in a consideration of that form of crime or lawlessness that poses the most serious threat to the rule of law: vigilante justice masquerading as legality. With its mixture of politics, literature, law, and film, this lively and accessible book offers a timely reflection on the enduring phenomenon of revenge. Selected Contents: 1. Introduction 2. Revenge and the Detective Tradition: When Dogs Don’t Bark, and Detectives Don’t Tell 3. Some Like It Wild: Supernatural Revenge in Sheridan Le Fanu’s Mr. Justice Harbottle 4. Law and the Romantic Ego: Conspiracy and Justice in Honore de Balzac’s Le Pere Goriot 5. Justice, Race, and Revenge in Twain’s Pudd’nhead Wilson 6. The Empire Strikes Back: Imperialism and Justice in E. M. Forster’s A Passage to India 7. Race, Sex, Fear, Revenge in Richard Wright’s Native Son 8. State Terrorism and Revenge in Andre Brink’s A Dry White Season 9. Rogue Cops and Beltway Vigilantes April 2010: 234 x 156: 224pp Hb: 978-0-415-56016-0: £75.00 eBook: 978-0-203-85437-2

Michael Stolleis, University of Frankfurt, Germany

Written by the eminent German historian, Michael Stolleis, these two ‘Essays on Legal History’ – The Eye of the Law and In the Name of the Law – offer an original and compelling history of the symbolism through which law is characterised as being ’above’ us. 2008: 216 x 138: 96pp Hb: 978-0-415-47273-9: £80.00 Pb: 978-0-415-47274-6: £19.99 eBook: 978-0-203-88981-7 For more information, visit: http://routledgelaw.com/9780415472746

The Four Lacanian Discourses or Turning Law Inside Out Jeanne Lorraine Schroeder, Yeshiva University, USA

This book proposes a taxonomy of jurisprudence and legal practice, based on the discourse theory of Jacques Lacan.

2008: 234 x 156: 208pp Hb: 978-0-415-46482-6: £80.00 eBook: 978-0-203-89365-4

Paulina Tambakaki, University of Westminster, UK While human rights have been enjoying unprecedented salience, the concept of the citizen has been significantly challenged. Rising ethical concerns, the calling into question of state sovereignty, and the consolidation of the human rights regime, have all contributed to a shift in focus: from an exclusionary, problematic citizenship to human rights. Human Rights or Citizenship? examines this shift and explores its implications for democracy. In an accessible way, the book explores the arguments within contemporary democratic theory that privilege law and legally codified human rights over citizenship; questioning whether legalism alone could lead us to a better, more equitable politics. Does the prioritisation of law and legally codified human rights risk depoliticisation? Do human rights always contest relations of power and subordination? Addressing these questions, Human Rights or Citizenship? opens a debate about the role of citizenship and human rights in democracy. It will be invaluable reading for anyone interested in democratic politics today. Selected Contents: Introduction 1. Citizenship and Human Rights in Tension. Changes, Issues and Approaches 2. Privileging Human Rights 3. The Illusive Promise of Human Rights 4. Politics and Legalism 5. Back to Citizenship, An Agonistic Conception. Conclusion: And Human Rights? February 2010: 234 x 156: 192pp Hb: 978-0-415-48163-2: £70.00 eBook: 978-0-203-88077-7 For more information, visit: http://routledgelaw.com/9780415481632

For more information, visit: http://routledgelaw.com/9780415464826

For more information, visit: http://routledgelaw.com/9780415560160

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Discourses of Law Series Edited by Peter Goodrich, Arther Jacobson and Michel Rosenfeld, all at 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.

NEW

NEW

Crime Scenes

Novel Judgments

Forensics and Aesthetics

Legal Theory as Fiction

Rebecca Scott Bray, University of Sydney, Australia

William Macneil, Griffith University, 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.

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. Novel Judgments addresses the ways in which these jurisprudential themes are embedded and explored within nineteenth century Anglo-American prose fiction.

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 July 2010: 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

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? July 2010: 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 For more information, visit: http://routledgelaw.com/9780415459150

For more information, visit: http://routledgelaw.com/9780415483919

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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NEW

NEW

NEW

Sex, Culpability and the Defence of Provocation

The Identity of the Constitutional Subject

The Land is the Source of the Law

Danielle Tyson, Monash University, Australia

Selfhood, Citizenship, Culture, and Community

Dealing with the complex case law concerning the use of the provocation defence in cases of intimate killings, Sex, Culpability and the Defence of Provocation considers the construction and representation of subjectivity and sexual difference in legal narrations of homicide. Undeniably, the most vexing exculpatory cultural narrative of our times is that of a woman ‘asking for it’. Addressing the operation of the criminal law on provocation across different international jurisdictions, this book explores how the process of judgment in a criminal trial involves not only the drawing of inferences from the ‘facts’ of a particular case, but also operates to deliver a narrative. Law, it is argued, constructs a narrative of how the female body incites male violence. And, pursuing an approach that is informed by socio-legal studies, literary theory and feminist theories of the body, Sex, Culpability and the Defence of Provocation considers how this narrative is constructed via a range of discursive practices that position woman as a threat to masculine norms of propriety and autonomy.

Michel Rosenfeld, Yeshiva University, USA

February 2011: 234 x 156: 224pp Hb: 978-0-415-56017-7: £80.00 Pb: 978-0-415-56020-7: £21.99 For more information, visit: http://routledgelaw.com/9780415460207

A Dialogic Encounter with Indigenous Jurisprudence C.F. Black, Griffith University, Australia

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 constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, 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 being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept and will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics. Selected Contents: Introduction. Part 1: Why Constitutional Identity and for Whom? Part 2: Producing Constitutional Identity Part 3: Constitutional Identity as Bridge Between Self and Other: Binding Together Citizenship, History and Society

The Land is the Source of Law brings an inter-jurisdictional dimension to the field of indigenous jurisprudence: comparing Indigenous legal regimes in New Zealand, the USA, and Australia, it offers a ’dialogical encounter with an Indigenous jurisprudence’ in which individuals are characterised by their rights and responsibilities in the Land. Utilising a range of texts – films, novels, poetry, as well as ’law stories’ C.F. Black blends legality and narrative in order to redefine jurisprudentia in Indigenous terms. Selected Contents: 1. Introduction: Shape of the Jurisprudence 2. Land Journeys 3. The Theory: Senior Law Man Neidjie – Cosmology 4. The Theory: Senior Law Man Mowaljarlai – Law of Relationship 5. The Theory: Senior Law Man Marika – Voice of Authority 6. A Talngai-Gawarima Jurisprudential Reading: Whale Rider 7. A TalngaiGawarima Jurisprudential Reading: Thunderheart 8. A Talngai-Gawarima Jurisprudential Reading: Plains of Promise 9. Conclusion July 2010: 234 x 156: 224pp Hb: 978-0-415-49756-5: £75.00 Pb: 978-0-415-49757-2: £22.99 For more information, visit: http://routledgelaw.com/9780415497572

October 2009: 234 x 156: 344pp Hb: 978-0-415-94973-6: £75.00 Pb: 978-0-415-94974-3: £21.99 eBook: 978-0-203-86898-0 For more information, visit: http://routledgelaw.com/9780415949743

Discourses of Law Series BACKLIST Title

Author

Date

Format & ISBN

Price

Law, Orientalism and Postcolonialism

Edited by Piyel Haldar

2007

Hb: 978-0-415-96223-0 Pb: 978-0-415-96224-7 eBook: 978-0-203-93792-1

£85.00 £25.99

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


l e gal th e ory

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Foucault’s Law

The Rule of Reason in European Constitutionalism and Citizenship

Feminist Encounters with Legal Philosophy

Ben Golder, University of New South Wales, Australia and Peter Fitzpatrick, Birkbeck, University of London, UK

Yuri Borgmann-Prebil, University of Sussex, UK Identifying crucial deficiencies in the legal theories of Hart and Dworkin, The Rule of Reason in European Constitutionalism and Citizenship draws on the work of Habermas and Alexy in order to elaborate a new juridical conception of citizenship. Taking Europe as its focus, the central substantive argument of the book is that a ’rule of reason’ governs supranational constitutionalism. Addressing the free movement law of the internal market, and recently developed case law on the free movement of citizens, it shows how the contours of European and member state legal systems, as well as European and national citizenship, are delimited through an ongoing judicial discourse. The constant drawing and re-drawing of the boundaries of member state and European law is negotiated in a judicial conversation that, it is argued, constitutes a key characteristic of supranational constitutionalism: one that supports a thin, juridical, and essentially rights based, conceptualisation of European citizenship. Offering an innovative theoretical analysis of EU law, The Rule of Reason in European Constitutionalism and Citizenship will be of considerable interest to scholars of European law, European politics and legal theory. November 2010: 234 x 156: 176pp Hb: 978-0-415-56529-5: £75.00 Pb: 978-0-415-56530-1: £21.99 For more information, visit: http://routledgelaw.com/9780415565301

Edited by Maria Drakopoulou, University of Kent, UK Presenting feminist readings of texts from the legal philosophical and jurisprudential canon, the papers collected here offer an interdisciplinary and critical challenge to established modes of reading law. Taking as their common starting point the fact that legal texts are plural and open to multiple readings, all the contributions in this collection offer subversive, but supplementary, interpretations of the legal canon. In this respect, however, they do not merely sustain an array of feminist styles and theories of reading. Revealing, and re-appropriating, the plural space of legal interpretation, they seek to open a hitherto unexplored arena for a feminist politics of law. Selected Contents: Introduction Engendering ‘Right Reason’: Thomas Aquinas and the Woman Question. Nomos and Physis in the Seventeenth Century Tradition of Natural Law: Pufendorf’s on the law of Nature and Nations and the Politics of Sexual Difference. The Accidental Feminist: On the Pythagorean Roots of John Selden’s Jani Anglorum. Subjects and Subjection: The Inconsistent Position of Women in Social Contract Theory. Hegel on Women, Law and Contract. Gender, Law and Genre: William Blackstone and the ‘Romance’ of Law. Resonance: Why Feminists Do/Ought Not Read Kelsen. Pashukanis for Feminists: Legal Forms of Reproductive Difference. Re-Reading Schmitt with Copjec and Bronfen: Sovereignty Beyond Exceptionality?. The Problem of Legal Subjectivity in H.L.A. Hart’s The Concept of Law

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.

Selected Contents: Introduction: Beginnings 1. Orientations: Foucault and Law 2. Foucault’s Other Law 3. Futures of Law 2009: 216 x 138: 160pp Hb: 978-0-415-42453-0: £80.00 Pb: 978-0-415-42454-7: £19.99 eBook: 978-0-203-88056-2 For more information, visit: http://routledgelaw.com/9780415424547

July 2010: 234 x 156: 224pp Hb: 978-0-415-49760-2: £70.00 For more information, visit: http://routledgelaw.com/9780415497602

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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Foucault’s Monsters and the Challenge of Law Andrew N. 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. December 2009: 234 x 156: 192pp Hb: 978-0-415-43031-9: £70.00 eBook: 978-0-203-86283-4 For more information, visit: http://routledgelaw.com/9780415430319

MAJOR WORK NEW 4 Volume Set

Critical Legal Theory Edited by Costas Douzinas, Birkbeck, University of London, UK and Colin Perrin, Routledge, UK This new title in the Routledge Major Works series, Critical Concepts in Law, is a four-volume collection of canonical and cutting-edge research in Critical Legal Theory. February 2011: 234 x 156: 1,600pp Hb: 978-0-415-48673-6: £650.00 For more information, visit: http://routledgelaw.com/9780415486736

Social Justice Series Edited by Kate Bedford and Davina Cooper, both at University of Kent, UK Within a broad geopolitical and intellectual landscape, this new, theoretically engaged, interdisciplinary series explores institutional and grassroots practices of social justice across a range of spatial scales. While the pursuit of social justice is as important as it has ever been, its character, conditions, values, and means of advancement are being radically questioned and rethought in the light of contemporary challenges and choices. Attuned to these varied and evolving contexts, Social Justice explores the complex conditions social justice politics confronts and inhabits – of crisis, shock, and erosion, as well as renewal and social invention, of change as well as continuity.

Intersectionality and Beyond Law, Power and the Politics of Location Edited by Emily Grabham, Davina Cooper, Jane Krishnadas, and Didi Herman, all at University of Kent, UK

This collection addresses the present and the future of the concept of intersectionality within socio-legal studies. 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 2008: 234 x 156: 400pp Hb: 978-0-415-43242-9: £90.00 Pb: 978-0-415-43243-6: £29.99 eBook: 978-0-203-89088-2 For more information, visit: http://routledgelaw.com/9780415432436

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


l e gal th e ory

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Rights of Passage

Power, Politics and the Emotions

Regulating Sexuality

Sidewalks and the Regulation of Public Flow Nicholas Blomley, Simon Fraser University, Canada Right of Passage documents a powerful, yet mundane, form of urban governance that focuses on pedestrian flow. The dominant account of public space fails to acknowledge and engage with a remarkably pervasive yet overlooked logic that shapes the ways in which public space is regulated, conceived of, and argued about. This logic, which Nicholas Blomley calls ’pedestrianism’, values public space not in terms of its aesthetic merits, or its success in promoting public citizenship and democracy. Rather, departing from much of the existing emphasis on the socially directive nature of much public space regulation, the function of the street is understood to be the promotion and facilitation of pedestrian flow and circulation. Although a powerful form of governance, pedestrianism tends to be obscured by grander and more visible forms of urban regulation. The rationality at work here may appear mundane and everyday; but, precisely because it is uncontroversial, pedestrianism is able to operate below the academic and political radar. Documenting the pervasiveness of pedestrianism, Nicholas Blomley addresses its relationship to bureaucratic practice, legal interpretation and political debate. This book thus shows how the sidewalk is literally produced, encoded, rendered legible and operational with reference to a dense array of codes, diagrams, specifications, academic and professional networks, engineering rubrics, and regulation – all in the name of unfettered circulation. August 2010: 234 x 156: 208pp Hb: 978-0-415-57561-4: £75.00 For more information, visit: http://routledgelaw.com/9780415575614

Impossible Governance?

Legal Consciousness in Lesbian and Gay Lives

Shona Hunter, University of Leeds, UK

Rosie Harding, University of Keele, UK

Offering a provocative and innovative theorisation of governance as relational politics, the central argument of Power, Politics and the Emotions is that there are complex sets of emotional dynamics which complicate the already contested terrain of social policy-making. Selected Contents: 1. Introduction: Making False Policy Promises Part 1: Policy from a Feminist Psychosocial Perspective 2. Connecting the Radical Heart of Policy Analysis to its Head 3. Equalities Policy as Relational Hinterland Part 2: The Relational Politics of Policy Making 4. The Politics of Ontological Detachment and Relational Connection 5. The Circulation and Distribution of Good and Bad Feeling 6. Sustaining Collective Challenges to Policy Monoliths 7. Mobilising Fictions; on Victims and Saviours 8. Conclusion: Taking Policy Stands January 2011: 234 x 156: 224pp Hb: 978-0-415-55510-4: £70.00 For more information, visit: http://routledgelaw.com/9780415555104

This book explores the impact that recent seismic shifts in the legal landscape have had for lesbians and gay men. The last decade has been a time of extensive change in the legal regulation of lesbian and gay lives in Britain, Canada, and the US. Almost every area where the law impacts on sexuality has been reformed or modified. These legal developments combine to create a new, uncharted terrain for lesbians and gay men. And, through an analysis of their attitudes, views and experiences, this book explores the effects of these developments. Drawing on, and developing, the concept of ’legal consciousness’, Regulating Sexuality focuses on four different ’texts’: qualitative responses to a large-scale online survey of lesbians’ and gay men’s views about the legal recognition of same sex relationships; published auto/ biographical narratives about being and becoming a lesbian or gay parent; semi-structured, in-depth, interviews with lesbians and gay men about relationship recognition, parenting, discrimination and equality; and fictional utopian texts. In this study of the interaction between law and society in social justice movements, Rosie Harding interweaves insights from the new legal pluralism with legal consciousness studies to present a rich and nuanced exploration of the contemporary regulation of sexuality. Selected Contents: 1. Introduction 2. Towards a ’Critical’ Legal Consciousness? 3. Reconsidering Resistance 4. From ’Outlaws’ to ’In-laws’ 5. Stories of Law 6. Recognising Regulation 7. Imagining a Different World 8. Conclusions August 2010: 234 x 156: 208pp Hb: 978-0-415-57438-9: £75.00 For more information, visit: http://routledgelaw.com/9780415574389

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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Law and Evil

Law’s Trace: From Hegel to Derrida

Legal Architecture

Philosophy, Politics, Psychoanalysis Edited by Ari Hirvonen, University of Helsinki, Finland and Janne Porttikivi

Catherine Kellogg, University of Alberta, Canada

Taking Kant’s concept of radical evil as a starting point, this volume counters such a tendency. Bringing together philosophical, political, and psychoanalytical perspectives, in analysing both the concept and the phenomenon of evil, the contributors to this volume offer a rich and thoroughgoing analysis of the multifaceted phenomenon of evil and its relationship to law. Selected Contents: Introduction Part 1: Freedom 1. Eden/Shangri-La, 2. Tragedy and Evil. From Hölderlin to Heidegger 3. Interrupting Evil and the Evil of Interruption – Revisiting the Question of Freedom 4. Wickedness Inscribed in Freedom – Jean-Luc Nancy on Evil, 5. Arche-Evil. Derrida’s Philosophy Explained through the Concept of Evil Part 2: Terror 6. Hell on Earth. Hannah Arendt in the Face of Hitler, 7. Total Evil. The Law under Totalitarianism 8. The Birth of Terrorism Out of the Spirit of Enlightenment – The Subject of Enlightenment and the Terrorist Sensorium 9. The Catechism of the Citizen – Politics, Law and Religion In, After, With and Against Rousseau Part 3: Desire 10. What’s so Funny About Infinite Justice 11. Moralization Interrupted. On Lacan’s Thesis of the Supreme Good as Radical Evil 12. When Psychoanalysis Meets Law and Evil. Perversion and Psychopathy in the Forensic Clinic 13. ‘That Which in Life Might Prefer Death ’ From the Death Drive to the deSire of the Analyst October 2009: 234 x 156: 320pp Hb: 978-0-415-49791-6: £70.00 eBook: 978-0-203-86746-4 For more information, visit: http://routledgelaw.com/9780415497916

Law’s Trace takes Derrida’s reading of Hegel as its point of departure in order to provide a definitive account of the political importance

of deconstruction. Selected Contents: Introduction; Deconstruction is Here, Now, in America; Between Politics and Philosophy; The Strategic Occupation of the Aufhebung; The Call of Deconstruction Part 1: Tracing the Sign The French Reception of Hegel; Kojeve’s Hegel; Hyppolite’s Hegel; Derrida’s Hegel Part 2: Signing the Trace Walter Benjamin and the Language of Names; Suspended over the Abyss: The Task of the Translator Part 3: The Messianic without Messianism Marx and Justice; Aristotle and the ‘Now’; From Now ‘til Eternity; Ghosts and Singularity Part 4: Mourning Terminable and Interminable: Law and (Commmodity) Fetishism The Haunting of the Commodity; ‘Breaks in Gradualness... Leaps!’; The Haunting of the Law Part 5: Justice, Law and Antigone’s Singular Act Glas and the Family; Hegel and The Antigone; The Law of Law; ‘The Law of Law, Always in Mourning; Justice/Law and Sexual Complementarity Part 6: Generalizing the Economy of Fetishism Freud’s Fetish; Playing Two Scenes at Once; Feminism and Deconstruction; Conclusion: End of Metaphysics: Who is the Friend?; Rogues, Democracy and Autoimmunity

Justice, Due Process and the Place of Law Linda Mulcahy, Birkbeck, University of London, UK Legal Architecture addresses how the environment in which the trial takes place can be seen as a physical expression of our relationship with ideals of justice; as it approaches the history of courthouse design as a reflection of the troubled history of notions of due process. In contrast to a vision of judicial space as neutral, Linds Mulcahy argues that understanding the factors which determine the internal design of the courtroom are crucial to a broader and more nuanced understanding of judgecraft and law. This fascinating and original book will be of interest to socio-legal or critical scholars working in the field of legal systems, legal method, the sociology of law, law and geography, evidence and human rights, as well as to architects. Selected Contents: 1. Introduction 2. An Ideal Type? Visions of the Courthouse Over Time 3. Symbolic Courts and the Reification of Law 4. Degradation and Humiliation 5. Virtual Courts and the Dematerialisation of Legal Space 6. Symbolic Courts in the Modern Era 7. Conclusion October 2010: 234 x 156: 224pp Hb: 978-0-415-57539-3: £75.00 For more information, visit: http://routledgelaw.com/9780415575393

December 2009: 234 x 156: 184pp Hb: 978-0-415-56161-7: £70.00 eBook: 978-0-203-85314-6 For more information, visit: http://routledgelaw.com/9780415561617

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


l e gal th e ory

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Legal Theology

Reading Modern Law: Critical Methodologies and Sovereign Formations

The Ethics Project in Legal Education

Essays in Honour of Peter Fitzpatrick

Series: Routledge Research in Legal Ethics

Law, Modernity and the Sacred Peter Fitzpatrick, Birkbeck College, University of London, UK Legal Theology provides a genealogy of modern law as a secular theology, calling into question the received ideas that modern law is radically different from its religious antecedents, and that modernity involved a repudiation of theological concepts. Peter Fitzpatrick charts the lineage of this secular theology through three ’historicities’: the creation of the world’s imperium, of the modern world-system, in the sixteenth century; the time of revolutions of the seventeenth and eighteenth centuries; and the high modernism of the nineteenth and twentieth centuries. Respectively condensed here in the writings of Vitoria, Hobbes and Nietzsche, Fitzpatrick documents the substitution of a monotheistic God by successive articulations of a persistently ’deific’ law. Legal Theology thus questions the story of secularism’s triumph, by eliciting the essentially religious force of modern law: a force that is, moreover, recognisable in secularism’s contemporary imperial mission. Selected Contents: 1. Introduction 2. Imperium 3. Revolution 4. Modernism October 2010: 234 x 156: 208pp Hb: 978-0-415-56014-6: £80.00 Pb: 978-0-415-56015-3: £22.99 For more information, visit: http://routledgelaw.com/9780415560153

Edited by Ruth Buchanan, York University, Canada, Stewart Motha, University of Kent, UK and Sundhya Pahuja, University of Melbourne, Australia Reading Modern Law addresses the identification and elaboration of a critical methodology for reading and writing about law in modernity. While the force of law rests on determinate and localizable authorizations, as well as an expansive capacity to encompass what has not been pre-figured by an order of rules, the key question this dynamic of law raises is how legal forms might be deployed to confront and disrupt injustice. The urgency of this question must not eclipse the care its complexity demands. This book, whilst testifying to that complexity, offers a critical methodology for addressing its many challenges. The essays in this volume – all direct or oblique engagements with the work of Peter Fitzpatrick – chart a mode of resisting the imperialism of social scientific method, as much as geo-political empire. Their authors elaborate a critical and interdisciplinary treatment of law and modernity, and outline the pivotal role of sovereignty in contemporary formations of power, both national and international. From various overlapping vantage points, therefore, Reading Modern Law interrogates law’s relationship to power, as well as its relationship to the critical work of reading and writing about law in modernity.

Edited by Michael Robertson, Lillian Corbin, Kieran Tranter, and Francesca Bartlett, all at Griffith University, Australia

This book discusses the teaching of ’legal ethics’, arguing that the current formal rules governing lawyers are inadequate, as true engagement with ethical issues requires lawyers to exercise judgment, and therefore there is a need to rethink the aims, scope and methodology of ’legal ethics education’. The volume presents the views of a number of internationally renowned legal ethicists, including Brent Cotter and David Chavkin, exploring and questioning the teaching of legal ethics. The contributions examine legal ethics teaching in a range of jurisdictions including the USA, Canada, Australia, South Africa, and Hong Kong. A number of contributors discuss design issues that cover a broad field of methods, including simulations, the pervasive use of problem-solving exercises, and real-world experiences, with some of the essays revealing their empirical findings on the effectiveness of these methods and particularly as they affect the students. Selected Contents: Part 1: What Should be in the Curriculum? Part 2: Legal Ethics Education in the Jurisdictions? Part 3: The How Question? June 2010: 234 x 156: 256pp Hb: 978-0-415-54651-5: £75.00 For more information, visit: http://routledgelaw.com/9780415546515

November 2010: 234 x 156: 256pp Hb: 978-0-415-56854-8: £75.00 For more information, visit: http://routledgelaw.com/9780415568548

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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Reaffirming Legal Ethics

Alternative Perspectives on Lawyers and Legal Ethics

Taking Stock and New Ideas Edited by Reid Mortensen, University of Southern Queensland, Australia, Michael Robertson, Lillian Corbin, both at Griffith University, Australia, Francesca Bartlett, University of Queensland, Australia and Kieran Tranter, Griffith University, Australia Series: Routledge Research in Legal Ethics It has been over thirty years since the founding crises that birthed legal ethics as both a field of study and a discrete field of law. In that time thinking about the ethical dimension of legal practice has taken several turns. This volume represents an opportunity for a comprehensive review of legal ethics as an international movement. Contributors include many of the key participants to the legal ethics field from the United States, United Kingdom, Canada, Australia, New Zealand, and South Africa, including David Luban and Deborah Rhode, as well as many of the recognised emerging thinkers. The theme of the book is taking stock of the last thirty years of legal ethics practice and scholarship and also a forum for new ideas and new thinking regarding the conduct of lawyers and the moral and social responsibility of the legal profession. The contributions consider the topics including dynamism and affirmation, and reaffirm the value of the field of legal ethics. Selected Contents: 1. Introduction: Change and Dynamism in Legal Ethics: An International Perspective Reid Mortensen, Michael Robertson, Lillian Corbin, Francesca Bartlett and Kieran Tranter Part 1: Changing Values, Affirming the Core 2. Integrity as a Professional Credential: In Principle and in Practice Deborah L. Rhode 3. Legal Ethics and Lawyers’ Ethics – Closing The Gap Allan Hutchinson 4. Legal Ethics and Virtue Ethics Revisited Tim Dare 5. Remodeling the Professional Temple: A Blueprint for Neo-Classical Republicanism in Law and Business Robert Atkinson 6. Lessons from Bioethics on the Ethical Duties of the Legal Profession David McQuoidMasonSome 7.The Public Interest, Professionalism, and Pro Bono Publico Lorne Sossin 8. A Case Study on Ethical Decision-Making: Revisiting the Buried Bodies Case Lisa G. Lerman Part 2: Dynamic World, Changing Contexts 9. Legal Ethics in a Post-Westphalian World: Building the International Rule of Law and Other Tasks Charles Sampford 10. Legal Ethics in a Connected World Simon Rice and Vivien Holmes 11. Future Challenges: Acting Ethically For a Terrorism Suspect Mary Anne Noone and Gary Sullivan 12. Ethical Management of Clients with Diminished Mental Capacity Margaret Castles 13. Why Good Intentions Are Not Enough: Developing a Psychology of Ethical Decision Making Kath Hall Part 3: Changes within Jurisdictions 14. Legal Advising and the Rule of Law Bradley Wendel 15. The Misnomer of Lawyer Self-Regulation Fred Zacharias 16. Carnegie’s Missing Step: Prescribing Lawyer Retraining Lawrence K. Hellman 17. The Psychology of Good Character Alice Woolley 18. Lawyers and Lemon Markets: the State, Contractual Regulation and Information Asymmetry in the Reform of Legal Aid in England and Wales Peter Sanderson and Hilary Sommerlad 19. Bar Associations, Self-Regulation, Consumer Protection and the Public Interest: Whither Thou Goest? Judith Maute 20. Conflict of Interest in the UK: Contextual Ethics or the triumph of Greed over Principle? Alan Paterson 21. Making Ethical Rules that are Workable and Ethics that is Doable: Nigeria’s Experience Ernest Ojukwu 22. Balancing Consumer Interests, Self Regulation and Professional Responsibility: Getting it Right or Suffering the Consequences Pamela Morgan

Reimagining the Profession Edited by Reid Mortensen, University of Southern Queensland, Australia, Francesca Bartlett, University of Queensland, Australia and Kieran Tranter, Griffith University, Australia Series: Routledge Research in Legal Ethics The book features important contributions taking contemporary and non-mainstream perspectives on legal ethics and the legal profession. The volume provides insights into legal culture and ethics in a range of countries and makes connections between countries providing valuable insights into developments in the profession at the local and global level. Selected Contents: Part 1: Understanding Modern Legal Professions – An Introduction Part 2: Lawyers’ Lives – Alternative Careers, Identities and Organisational Environments Part 3: Alternative Adjudication – Reconsidering Judging and Institutions of Law Part 4: Regulating Lawyers – Evaluating Strategies to Create an Ethical Profession May 2010: 234 x 156: 256pp Hb: 978-0-415-54652-2: £75.00 For more information, visit: http://routledgelaw.com/9780415546522

January 2010: 234 x 156: 256pp Hb: 978-0-415-54653-9: £75.00 For more information, visit: http://routledgelaw.com/9780415546539

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


Medical ethics & Healthcare Law

l e ga l th eo ry

Sovereignty, Knowledge, Law

Uncertain Risks Regulated

Panu Minkkinen, University of Leicester, UK

Edited by Ellen Vos, Maastricht University, the Netherlands and Michelle Everson, Birkbeck College, UK

Sovereignty, Knowledge, Law investigates 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 ‘sovereignty’ 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 jurisprudential aim has been to confine power within the closed vertical hierarchy of traditional legal thinking. Sovereignty, Knowledge, Law thus elaborates this heterocephaly, proposing new understandings of sovereignty, as well as of law and of legal scholarship.

Series: Law, Science and Society 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.

MEDICAL ETHICS AND HEALTHCARE LAW

Selected Contents: Part 1: Regulating Uncertain Risks Part 2: National Systems on Food and Biotechnology Part 3: EU and International Models Part 4: Improving the Legitimacy and Credibility of Risk Regulation: Science, Procedures, Participation and Deliberation 2008: 234 x 156: 456pp Hb: 978-1-84472-162-7: £90.00 eBook: 978-0-203-88485-0 For more information, visit: http://routledgelaw.com/9781844721627

The Biomedical Law and Ethics Library Series Series Edited by Sheila A.M. McLean, University of Glasgow, UK Scientific and clinical advances, social and political developments and the impact of healthcare on our lives raise profound ethical and legal questions. Medical law and ethics have become central to our understanding of these problems, and are important tools for the analysis and resolution of problems – real or imagined. In this series, scholars at the forefront of biomedical law and ethics contribute to the debates in this area, with accessible, thought-provoking, and sometimes controversial ideas.

Selected Contents: Part 1: The Autocephalous State Part 2: Heterocephalous Power Part 3: The Acephalous Subject 2009: 234 x 156: 196pp Hb: 978-0-415-47241-8: £75.00 eBook: 978-0-203-87663-3 For more information, visit: http://routledgelaw.com/9780415472418

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

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Abortion Law and Policy

Autonomy, Consent and the Law

An Equal Opportunity Perspective

Sheila A.M. McLean, University of Glasgow, UK

Birth, Harm and the Role of Distributive Justice

Kerry Petersen, La Trobe University, Australia

Abortion Law and Policy is a scholarly analysis of reproductive freedoms and rights within a legal and policy framework. The book looks at legal models in common law and civil law jurisdictions rather than specific laws, and draws substantially on developments in the United States, Canada, Australia and Britain. Selected Contents: 1. Abortion: An Overview of Abortion Regulation 2. A Social Context 3. Criminal Common Law Model 4. Criminal Health Model 5. Qualified Rights Model 6. Reproductive Autonomy Model 7. Abortion and Equal Opportunity: Conclusions July 2010: 234 x 156: 232pp Hb: 978-0-415-49472-4: £85.00 Pb: 978-0-415-49474-8: £27.99 For more information, visit: http://routledgelaw.com/9780415494748

Autonomy, Consent and the Law challenges the relationship between consent rules and autonomy, arguing that the very nature of the legal process inhibits its ability to respect autonomy, specifically in cases where patients argue that their ability to act autonomously has been reduced or denied as a result of the withholding of information which they would have wanted to receive. Sheila McLean further argues that the bioethical debate about the true nature of autonomy – while rich and challenging – has had little if any impact on the law. Using the alleged distinction between the individualistic and the relational models of autonomy as a template, the author contends that the courts have failed to take a consistently apply either approach, in order to achieve policy-based objectives. This is highlighted by examination of four specific areas of the law which most readily lend themselves to consideration of the application of the autonomy principle.

Burdens, Blessings, Need and Desert Alasdair Maclean, University of Dundee, UK This book looks at the issue of harm in relation to wrongful birth, wrongful life, and wrongful pregnancy claims. While addressing the issue of whether English Law is coherent and consistent in these cases, Alasdair Maclean also draws comparisons with other jurisdictions looking at the different legal approaches of the US, Australia, France, and Holland. The book then 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. 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 June 2010: 234 x 156: 220pp Hb: 978-0-415-46535-9: £70.00 For more information, visit: http://routledgelaw.com/9780415465359

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 2009: 234 x 156: 256pp Hb: 978-0-415-47339-2: £90.00 Pb: 978-0-415-47340-8: £29.99 eBook: 978-0-203-87319-9 For more information, visit: http://routledgelaw.com/9780415473408

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


me dical e th ics an d h e alth car e l aw

NEW

NEW

Genomic Torts The English Tort Regime and Novel Grievances

Health Professionals and the Emergence of Distrust

Victoria Chico, University of Sheffield, UK

Maladies of Medical Law

This book identifies novel grievances that might be generated by modern human genetic technologies. In the absence of dedicated regulation, such novel grievances would be articulated via the tort system. The book considers how the English tort regime might respond to the perceived wrongs identified as potentially arising from the application of new genetic technologies in health care settings. Following on from this, it considers whether a more claimant-orientated reaction to the perceived wrongs might arise if the English tort system were explicitly imbued with a recognition of an interest in personal autonomy.

Mark Henaghan, University of Otago, New Zealand

November 2010: 234 x 156: 256pp Hb: 978-0-415-49518-9: £80.00 For more information, visit: http://routledgelaw.com/9780415495189

This book looks at the issue of health professionals and trust comparatively at a number of countries including the USA, Canada, Australia, New Zealand, and the UK and shows, by historical analysis of legislation, case law, disciplinary proceedings reports, articles in medical and law journals and protocols produced by management teams in hospitals, how the shift from trust to lack of trust has happened. Drawing comparisons between situations where trust is respected such as in emergency situations, and where it is not for example routine decisions such as obtaining consent for an anaesthetic procedure, the book shows how this erosion of trust has the potential to dehumanise the special nature of the relationship between healthcare professionals and patients. The effect of this is that the practice of health care is turned into a mechanistic enterprise controlled by ’management processes’ rather than governed by trust and individual care and judgement. September 2010: 234 x 156: 224pp Hb: 978-0-415-49581-3: £85.00 Pb: 978-0-415-49582-0: £27.99 For more information, visit: http://routledgelaw.com/9780415495820

Medical Ethics and healthcare law BACKLIST Title

Format & ISBN

Price

Assisted Dying Edited by Shelia McLean 2007

Author

Date

Hb: 978-1-84472-055-2 Pb: 978-1-84472-054-5 eBook: 978-0-203-94047-1

£95.00 £29.99

Bioethics and the Humanities Edited by Robin Downie and 2007 Jane Macnaughton

Hb: 978-1-84472-053-8 Pb: 978-1-84472-052-1 eBook: 978-0-203-94502-5

£95.00 £29.99

Defending the Genetic Supermarket Edited by Colin Gavaghan 2007

Hb: 978-1-84472-059-0 Pb: 978-1-84472-058-3 eBook: 978-0-203-94499-8

£95.00 £29.99

Euthanasia, Ethics and the Law Edited by Richard Huxtable 2007

Hb: 978-1-84472-105-4 £90.00 Pb: 978-1-84472-106-1 £29.99 eBook: 978-0-203-94044-0

Medicine, Malpractice and Edited by V.H. Harpwood 2007 Misapprehensions

Hb: 978-0-415-42807-1 £90.00 Pb: 978-0-415-42809-5 £29.99 eBook: 978-0-203-94045-7

The Best Interests of the Child Edited by Sarah Elliston 2007 in Healthcare

Hb: 978-1-84472-043-9 £90.00 Pb: 978-1-84472-042-2 £29.99 eBook: 978-0-203-94046-4

The Harm Paradox Edited by Nicolette Priaulx 2007

Hb: 978-1-84472-107-8 £95.00 Pb: 978-1-84472-108-5 £29.99 eBook: 978-0-203-94513-1

Values in Medicine Edited by Donald Evans 2007

Hb: 978-0-415-42468-4 £90.00 Pb: 978-0-415-42469-1 £29.99 eBook: 978-0-203-94042-6

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

71


m ed ical ethics an d he alth care l aw

72

NEW

NEW

Healthcare Research Ethics and Law

Medicine and Law at the Limits of Life

Regulation, Review and Responsibility

Clinical Ethics in Action

Hazel Biggs, University of Southampton, UK

The 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 (RECs), professionals involved with medical research and those with an academic interest in the subject. Healthcare Research Ethics and Law sets out the law as it relates to the functions of Research Ethics Committees (RECs) within the context of the process of ethical review and aims to be accessible and readily understood by REC members. Each chapter begins by locating the material within the practical context of ethical review and then provides a more theoretical and analytical discussion detailing how the theory and practice fit together.

Selected Contents: 1. Introduction Part 1 2. Brief History of Research Ethics 3. Research Ethics in Theory and Practice 4. Legal Liabilities of RECs 5. Consent 6. Confidentiality Issues in Research Part 2: 7. Researching Vulnerable Groups 8. Human Tissue 9. Conclusions and Thorny Issues

Richard Huxtable, University of Bristol, UK There has been a recent flurry of judicial and legislative activity in the realm of end-of-life decision-making, particularly around decisions to provide, or deny, life-supporting treatment to critically ill patients who are not capable of expressing their wishes. This book will focus upon decisions to withhold or withdraw life-supporting treatment from incompetent patients. The book offers a critical examination of the latest developments such as the Mental Capacity Act 2005, alongside more familiar principles such as the ’best interests’ standard, with a view to developing a new framework for resolving disputes in the clinic that is not only theoretically robust but also practically relevant. Selected Contents: 1. Introduction 2. The Limits of Medicine at the Limits of Life 3. The Limits of Law at the Limits of Life 4. Which Values? Theory in Conflict 5. Whose Values? Conflict in the Clinic 6. Making Values Visible: Clinical Ethics in Action 7. Conclusion

The Body in Bioethics Alastair V. Campbell, National University of Singapore

Recent debates about uses and abuses of the human body in medicine have highlighted the need for a thorough discussion of the ethics of the uses of bodies, both living and dead. Thorough and comprehensive, this volume explores different views of the significance of the human body and contrasting those which regard it as a commodity or personal possession with those which stress its moral value as integral to the personal identity of individuals. 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

February 2011: 234 x 156: 232pp Hb: 978-0-415-49279-9: £85.00 Pb: 978-0-415-49280-5: £27.99

2009: 234 x 156: 168pp Hb: 978-1-84472-057-6: £90.00 Pb: 978-1-84472-056-9: £29.99 eBook: 978-0-203-94041-9

For more information, visit: http://routledgelaw.com/9780415492805

For more information, visit: http://routledgelaw.com/9781844720569

2009: 234 x 156: 206pp Hb: 978-1-904385-48-6: £85.00 Pb: 978-0-415-42917-7: £25.99 eBook: 978-0-203-94040-2 For more information, visit: http://routledgelaw.com/9780415429177

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Me dical e th ics an d H e alth car e l aw

NEW

NEW

NEW

The Jurisprudence of Pregnancy

Patient Safety, Law Policy and Practice

Reproductive Ethics and the Law

Concepts of Conflict, Persons and Property

Edited by John Tingle, Nottingham Trent University, UK and Pippa Bark, University College London, UK

A Comparative Approach

Mary Ford, University of Strathclyde, UK This book takes a critical conceptual approach to the jurisprudence of pregnancy, examining how the three concepts of conflict, personhood, and property are key to the legal analysis and decision-making surrounding pregnancy. The book begins by questioning the ‘conflict model’ which is often assumed to capture the essence of legal debates on maternal/ foetal issues, asking why it exerts such discursive power despite the lack of a genuine conflict of interest in the legal sense. The book goes on to critically examine the concept of personhood, questioning its usefulness. The book finally moves to examine the concept of property, analysing whether embryos could or should be regarded as property. It is argued that the avoidance of property does the jurisprudence of pregnancy few favours, and that an engagement with the neglected concept of property has the potential to refresh our thinking about pregnancy, and about the way we frame our legal debates about maternal / foetal issues. Selected Contents: Part 1: Conflict 1. Where is the Conflict? 2. Why is Conflict of Interest? Part 2: Personhood 3. Personhood in the Maternal / Foetal Context 4. Personhood as Metaphysical Harm Part 3: Property 5. Could Embryos and Foetuses be Objects of Property? 6. Should Embryos and Foetuses be Objects of Property? 7. Conclusion September 2010: 234 x 156: 220pp Hb: 978-0-415-55559-3: £75.00 For more information, visit: http://routledgelaw.com/9780415555593

This book explores the impact of legal systems on patient safety initiatives. It asks whether legal systems are being used in appropriate ways to support state and local managerial systems developing patient safety procedures, and what alternative approaches can and should be utilized? Where there is a developed patient safety infrastructure and culture. The legal structures of these countries are explored and related to major in-country patient safety issues such as consent to treatment protocols and guidelines, complaint handling, adverse incident reporting systems, civil litigation systems, in order to draw comparisons and conclusions on patient safety. Selected Contents: 1. The Development of a Patient Safety Policy Agenda, John Tingle 2. Pre-Trial Clinical Negligence Issues, Charles Foster 3. The Tort of Negligence and Patient Safety, José Miola 4. Medical Ethics and Patient Safety, Nils Hoppe 5. The Human Element, Pippa Bark 6. Economic Aspects of Hospital Patient Safety, Stephen Heasell 7. Patient Safety in Primary Care, Keith Haynes 8. Patient Safety in Secondary Care, Ash Samanta and Jo Samanta 9. Patient Safety in Mental Health Care, Eva Sundin, James Houston and Jamie Murphy 10. Patient Safety and Clinical Risk Issues in the Netherlands, Ingrid Christiaans-Dingelhoff and Johan Legemaate 11. Patient Safety in the EU, Jean McHale 12. Patient Safety and Clinical Risk Management in Germany, Marc Stauch 13. Patient Safety and Clinical Risk in Canada, Joan M. Gilmour 14. Patient Safety and Clinical Risk in the USA, Ronni P. Solomon 15. Patient Safety and the Law: Conclusions, John TingleI and Pippa Bark

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, and 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. 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

December 2010: 234 x 156: 220pp Hb: 978-0-415-55731-3: £75.00

December 2010: 234 x 156: 350pp Hb: 978-1-85941-918-2: £85.00 Pb: 978-0-415-42303-8: £30.99

For more information, visit: http://routledgelaw.com/9780415557313

For more information, visit: http://routledgelaw.com/9780415423038

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73


R ace, eth nic ity, an d postcolon i al i s m

74

RACE, ETHNICITY, AND POSTCOLONIALISM

NEW

Making Anti-Racial Discrimination Law A Comparative History of Social Action and Anti-Racial Discrimination Law

NEW

A Discourse on Domination in Mandate Palestine

Iyiola Solanke, University of East Anglia, UK

Imperialism, Property and Insurgency Zeina B. Ghandour, London School of Economics, UK

British discourse during the Mandate, with its unremitting convergence on the problematic ’native question’, and which rested on racial and cultural theories and presumptions, as well as on certain givens drawn from the British class system, has been taken for granted by historians.

But their continued collusion with racial and cultural notions concerning the rationale of European rule in Palestine drags these old notions into the present where their iniquitous barbarity continues to manifest. This study identifies the symbolism of British officials’ discourse and intertwines it with the symbolism and imagery of the natives’ own discourse (from oral interviews and private family papers). At all times, it remains allied to those writers, philosophers and chroniclers whose central preoccupation is to agitate and challenge authority. In order to dismantle, and to undo and unwrite, A Discourse on Domination in Mandate Palestine holds a mirror up to the language of the Mandatory by counteracting it with its own integrally oppositional discourse and a provocative rhetoric. Selected Contents: Introduction: This is Not Ethnography 1. ‘Through Their Chiefs’: The Metanarrative of Imperial Rule in Africa and the East 2. ‘Unmarked and Undivided’: Language, Law and Myth – How to Transform Aboriginal Landscape 3. ‘Between the Bazaar and the Bungalow’: A Rebellion without Rebels 4. ‘Raising of the Religious Cry’: How to Make Muslims, Moderates and Extremists out of the Elite 5. The Last Word: The Unusual Suspects 2009: 234 x 156: 216pp Hb: 978-0-415-48993-5: £70.00 eBook: 978-0-203-88084-5 For more information, visit: http://routledgelaw.com/9780415489935

Taking a comparative and interdisciplinary approach, this book does not simply look at race and society or race and law but brings these areas together by drawing out the tension in the process, in different countries, by which race becomes a policy issue which is subsequently regulated by law. Moving beyond traditional social movement theory to include the extreme right wing as a social actor, the study identifies the role of extreme right wing confrontation in agenda setting and law-making, a feature often neglected in studies of social action. Focusing primarily on Great Britain and Germany, the book also demonstrates how national politics feeds into EU policy and identifies some of the challenges in creating a high and uniform level of protection against racial discrimination throughout the EU. Selected Contents: Introduction 1. Black European Union Citizens 2. Understanding Racial Violence 3. The Response to Overt Racial Violence 4. The Response to Covert Racial Violence 5. Restoring Voice and Visibility 6. Civil Society and the Political Opportunity 7. The Impact of Race in the News on Race and Law 8. Anti-Racial Discrimination Law in the European Union Conclusion 2009: 234 x 156: 256pp Hb: 978-0-415-46780-3: £70.00 eBook: 978-0-203-87525-4 For more information, visit: http://routledgelaw.com/9780415467803

Race, Ethnicity and Postcolonialism BACKLIST Title

Author

Muslim Law

Edited by Alexander David Russell 2008

Date

Format & ISBN

Price

Hb: 978-0-415-45301-1

£85.00

TO ORDER – see order form at the back of this catalogue. Alternatively, you can order by: Tel: +44 (0)1235 400524 Fax: +44 (0)20 7017 6699 Online: www.routledge.com/law


Race, ethnicity, and postcolonialism NEW

Race and Law Black Civil Rights from 1862-1954 Christopher Waldrep, San Francisco State University, USA In American history, students are taught about the three branches of government. Most of the time is spent learning about the Executive and the Legislative bodies, but the Judicial branch has had a monumental effect on the course of American history, and nowhere is this more apparent than in the area of civil rights. Race and Law: Black Civil Rights from 1862-1954 gathers together a collection of primary documents on the history of law and civil rights, specifically in regard to race. The sources covered include key Supreme Court decisions, some opinions from other courts as well, and texts written by ordinary people – the victims and perpetrators of racism and the lawmakers who wrote the statutes the courts must interpret.

L aw an d R e l i g i on

Law and Religion NEW

MAJOR WORK - NEW

The Jewish Law Annual Volume 18

4 Volume Set

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

Edited by Gavin Picken, American University of Sharjah, United Arab Emirites

Series: Jewish Law Annual

Series: Critical Concepts in Islamic Studies

Volume eighteen of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes one to seventeen of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law.

With helpful headnotes and introductions, Race and Law: Black Civil Rights from 1862-1954 is the perfect resource for anyone studying legal history or race in America.

Selected Contents: 1. The Prohibition Against Consulting Two Authorities and the Nature of Halakhic Truth Shimshon Ettinger 2. The Changing Profile of the Parent-Child Relationship in Jewish Law Yehiel Kaplan 3. Jewish Law in London: Between Two Societies Amihai Radzyner 4. Corporal Punishment of Children in Jewish Law: A Comparative Study Benjamin Shmueli 5. Recovery for Infliction of Emotional Distress: Toward Relief for the Agunah Ronnie Warburg 6. The Agent who Breaches his Principal’s Trust Michael Wygoda

September 2010: 152 x 228: 352pp Hb: 978-0-415-80280-2: £85.00 Pb: 978-0-415-80281-9: £24.99 $39.95

March 2010: 234 x 156: 256pp Hb: 978-0-415-57404-4: £75.00 eBook: 978-0-203-85524-9

For more information, visit: http://routledgelaw.com/9780415802819

For more information, visit: http://routledgelaw.com/9780415574044

Islamic Law

Many practitioners of Islam believe that their lives should be governed by a divinely revealed and sanctioned form of law that affects every aspect of their daily routines. Thus, whether it be a conventional religious act such as prayer, a customary practice such as marriage, or commercial activities such as trade, all these activities are determined by their legal validity within the Islamic law. Selected Contents: Volume I: Origins and Sources Volume II: The Genesis of Legal Theory and the Schools of Law Volume III: Consolidation and ‘Stagnation’ Volume VI: Islamic Law in the Modern World June 2010: 234 x 156: 1600pp Hb: 978-0-415-47076-6: £650.00 For more information, visit: http:// routledgelaw.com/9780415470766

Law and Faith in a Sceptical Age Anthony Bradney, University of Keele, UK

Law and Faith in a Sceptical Age is an analysis of the legal position of religious believers in the dominantly secular society of Great Britain. 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? 2008: 234 x 156: 178pp Hb: 978-1-904385-73-8: £75.00 eBook: 978-0-203-88215-3

For more information, visit: http://routledgelaw.com/9781904385738

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

75


L aw a nd Religion

76

NEW

NEW

NEW

Law and Religion in Public Life

The Right to Religious Freedom in International Law

Understanding the Islamic Veiling Controversy

Between Group Rights and Individual Rights

Anastasia Vakulenko, University of Birmingham, UK

Anat Scolnicov, University of Cambridge, UK

Understanding the Islamic Veiling Controversy provides a sopisticated analysis of relevant legislation and case law in order to examine the assumptions and limits of the debates surrounding the issue of Islamic veiling. For some, Islamic veiling indicates a lack of autonomy, the oppression of women and the threat of Islamic radicalism to Western secular values; for others, it suggests a positive autonomous choice and a legitimate exercise of one’s freedom of religion – a much treasured right in democratic societies. Across seemingly diverse legal and political traditions, however, a set of discursive frameworks – the preoccupation with autonomy and choice; the imperative of gender equality; and a particular secular understanding of religion and religious subjectivity – shape the positions of both proponents and opponents of various restrictions on Islamic veiling. Rather than take a position on one or the other side of the debate, this book explores and challenges these frameworks. And, in so doing, it brings a consistent and sophisticated theoretical outlook to a comprehensive consideration of Islamic veiling controversies, as they have arisen around the world.

The Contemporary Debate Edited by Nadirsyah Hosen and Richard Mohr, both at University of Wollongong, Australia This book brings together leading scholars and respected religious leaders to address contemporary issues in the relationship of law, religion, and the state. The contributors to the volume bring legal, theoretical, historical, and religious insights to bear on some of the most pressing social issues of our time. The variety of perspectives highlights the religious dimensions of law, the legal dimensions of religion, and the interaction between secular law and religion. Particular attention is given to the implications for law and society, religious tolerance and freedom. The book focuses on the practical and topical issues that have arisen in recent years in Australia. As one of the most ethnically diverse countries in the world, a pioneer of multicutural policies in immigration and social justice, Australia is a revealing site for contemporary studies in a world afraid of immigration and terrorism., issues that are affecting much of the globe. Selected Contents: Part 1: Relationships between Religion and State: Historical and Theoretical Perspectives Part 2: Law and Religion: Practical and Jurisprudential Considerations Part 3: Religion, Violence and Regulation: A Critique of Law and Social Policies December 2010: 234 x 156: 320pp Hb: 978-0-415-57249-1: £75.00 For more information, visit: http://routledgelaw.com/9780415572491

Series: Routledge Research in Human Rights Law This book analyses 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. The book also considers the position of women’s religious freedom vis a vis community claims of religious freedom. Taking a rigorous approach to the right, Anat Scolnicov argues that the interpretation and application of religious freedom must be understood as a conflict between individual and group claims of rights, and argues for an individualistic interpretation of this right. 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 on the State 4. Women and Religious Freedom 5. Children, Education and Religious Freedom 6. Religious Freedom as a Right of Free Speech 7. Conclusion August 2010: 234 x 156: 320pp Hb: 978-0-415-48114-4: £65.00 For more information, visit: http://routledgelaw.com/9780415481144

Selected Contents: 1. Islamic Veiling in Focus 2. Islamic Veiling: Legal Developments 3. Autonomy and Choice 4: Gender Equality 5. Religion and Secularism June 2010: 234 x 156: 208pp Hb: 978-0-415-56550-9: £70.00 For more information, visit: http://routledgelaw.com/9780415565509

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S oc i al pol i cy

SOCIAL POLICY

NEW

NEW

A Teacher’s Guide To Education Law

4th Edition

Education Law Michael Imber, University of Kansas, USA and Tyll van Geel, University of Rochester, USA

Education Law provides a comprehensive survey of the legal problems and issues that confront school administrators and policy-makers. The book is organized around the belief that students need to read cases to understand the subtlety and richness of the law, but for legal neophytes, cases without discussion and interpretation are often too difficult to comprehend. Thus the text both explains the important concepts and principles of education law and presents court decisions to illuminate them. The greater the likelihood of litigation or error in a particular area of professional practice the more extensive the discussion. The text also discusses the implications of the law for educational policy and practice. 2009: 177 x 254: 672pp Hb: 978-0-415-99613-6: £140.00 Pb: 978-0-415-80373-1: £64.99 eBook: 978-0-203-86859-1 For more information, visit: http://routledgelaw.com/9780415803731

4th Edition

Michael Imber, University of Kansas, USA and Tyll van Geel, University of Rochester, USA This clearly written text, which is adapted from its parent volume, Education Law, 4e, provides a concise introduction to topics in education law that are most relevant to teachers. The greater the likelihood of litigation or error in a particular area of professional practice the more extensive the discussion. Topics concerning teacher relationships with their students include: student rights, discipline, negligence, discrimination, and special education. Topics concerning teacher relationships with their employers include: teacher rights, hiring and firing, contracts, unions, collective bargaining, and tenure. Selected Contents: Preface 1. Understanding Education Law 2. Curriculum 3. Student Freedom of Expression 4. Student Discipline 5. Equal Educational Opportunity: Race and Gender 6. Students with Special Needs 7. Federal Constitutional and Statutory Rights of Teachers 8. Teacher Employment 9. Collective Bargaining, Unions, and Teacher Contracts 10. Torts. The Constitution of the United States of America. Table of Cases. Index March 2010: 177 x 254: 368pp Hb: 978-0-415-87577-6: £100.00 Pb: 978-0-415-99463-7: £26.99 eBook: 978-0-203-85988-9 For more information, visit: http://routledgelaw.com/9780415994637

Contempary Issues in Public Policy Series NEW

Health and the National Health Service John Carrier, London School of Economics, UK and Ian Kendall, University of Portsmouth, UK Reviewing recent healthcare policy in the National Health Service, 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 NHS 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. 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? April 2010: 234 x 156: 350pp Hb: 978-1-904385-14-1: £70.00 For more information, visit: http://routledgelaw.com/9781904385141

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

77


So cia l p o licy

78

NEW

NEW

Mental Health and Crime

Immigration, Integration and Crime

Jill Peay, London School of Economics, UK

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

Mental Health and Crime reviews the problematic relationship between mental disorder and criminal behaviour, setting policy, law and practice in the context of the available empirical evidence and our developing obligations in respect of Human Rights Law. June 2010: 234 x 156: 224pp Pb: 978-1-904385-60-8: £25.00 For more information, visit: http://routledgelaw.com/9781904385608

Child Sexual Abuse Media Representations and Government Reactions Julia Davidson, Kingston University, UK

Topical and critical in style, this book provides readers with an evaluation of the development of policy and legislative measures to control sex offenders in the UK.

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

A Cross-National Approach 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 they raise. Immigration, Integration and Crime addresses this issue directly. Providing a thorough analysis of immigration and crime rates in all of the main European countries, as well as examining the situation in the US, 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. Supported by extensive empirical data and statistical analysis, this book provides an invaluable contribution to one of the most pressing social and political debates – in Europe, and elsewhere. Selected Contents: Introduction Section 1: The Debate on Immigration and Criminality: Past and Present 1.1 Immigration and Criminality: Some Basic Questions Section 2: The Research Project 2.1 Objectives and Methods of Research 2.2 Countries Covered by the Research 2.3 The Non-National Populations Covered by the Research: Some Preliminary Remarks Section 3: National and Non-National Population in Western Europe 3.1 Population of Western Europe and its Evolution in Time 3.2 Immigration and the Presence of Non-Nationals in Europe: What has Changed? 3.3 Immigrant Influxes and the Origin of Non-Nationals Section 4: Criminality in the Countries of Western Europe 4.1 Criminality and Social Control 4.2 Immigrants and Criminality in Western Europe: Easy Stereotypes, Difficult Realities 4.3 Further Remarks on Variations of Non-Nationals Populations and Variations of Criminality: What if the Explanation is Not Immigration? Section 5: Non-Nationals in Prison, Non-Nationals Charged 5.1 Some Data 5.2 Non-Nationals Incarceration Index Section 6: Indicators of Socio-Economic Condition, Integration and Origin 6.1 Integration: A Complex Concept and Five Models 6.2 Socio-Economic and Cultural Differences Between the Host Countries 6.3 Differences in the Integration of Non-Nationals in the Various Countries 6.4 Differences in the Origin of Non-Nationals Present in the Various Countries 6.5 Association Between the Incarceration Index and the Socio-Economic Parameters in the Various European Countries March 2010: 234 x 156: 224pp Hb: 978-0-415-49072-6: £70.00 eBook: 978-0-203-88078-4 For more information, visit: http://routledgelaw.com/9780415490726

2008: 216 x 138: 192pp Hb: 978-1-904385-69-1: £90.00 Pb: 978-1-904385-68-4: £30.99 eBook: 978-0-203-92873-8 For more information, visit: http://routledgelaw.com/9781904385684

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S oc i al P ol i cy

Prostitution, Politics and Policy

NEW

Roger Matthews, London South Bank University, UK

A Socio-Legal History of the Poor Law

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 and Policy brings together the main debates and issues associated with prostitution to examine the range of policy options that are available. 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

Welfare’s Forgotten Past Lorie Charlesworth, Liverpool John Moores University, UK

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 of the legal right of the settled poor to relief when destitute. Poor law was not simply local custom, but consisted of legal rights, duties and obligations 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 not only led to a misunderstanding of welfare’s past; 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. Introduction: A History of Forgetting 2. Rights of the Poor: Towards a Negative Modernity 3. Socio-Legal Juristic Narratives: Poor Law’s Legal Foundations 4. Deconstructing from the Negative: A Critical Historiography of Legal [Mis] Conceptions 5. Lived Experience: The Poor ‘Speak’ 6. Paupers as Textual Analysis: Exploring the Settlement Entitlement Through Little Dorrit 7. Lived Experience: Poor Law Administration 8. Developments and Transformation Over Time: Dichotomising the Poor 9. The Road to Beveridge: Deforming Welfare 10. End Thoughts: On the Transience of Legal Memory

2008: 234 x 156: 176pp Hb: 978-0-415-45916-7: £90.00 Pb: 978-0-415-45917-4: £27.99 eBook: 978-0-203-93087-8

2009: 234 x 156: 224pp Hb: 978-0-415-47738-3: £70.00 eBook: 978-0-203-86367-1

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J ou rnals

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Journals The Student Law Review General Editor: Fiona Kinnear

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! 3 issues per year Published January, April, October Print 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. +44 (0) 208 797 000 Email: subscriptions@pods.eu.com

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 44, 2010, 3 issues per year Print ISSN: 0306-9400 • Online ISSN: 1943-0353 Institutional (print & online): €158/£109 • Institutional (online only): €150/£104 www.tandf.co.uk/journals/ralt

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 36, 2010, 4 issues per year Print ISSN: 0305-0718 • Online ISSN: 1750-5976 Institutional (print & online): €296/£205/US$372 • Institutional (online only): €282/£195 Personal (print only): €126/£88/US$158 www.tandf.co.uk/journals/rclb

Information & Communications Technology Law EDITOR: Indira Carr, University of Surrey, Guildford, UK This journal 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 19, 2010, 3 issues per year Print ISSN: 1360-0834 • Online ISSN: 1469-8404 Institutional (print & online): €653/£480 • Institutional (online only): €620/£456 Personal (print only): €190/£132 www.tandf.co.uk/journals/cict

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J our n al s

International Journal of the Legal Profession

Journal of Legal History Editor: Neil Jones, University of Cambridge, UK

EDITOR: Avrom Sherr, University of London, UK

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

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. Volume 17, 2010, 3 issues per year Print ISSN: 0969-5958 Online ISSN: 1469-9257 Institutional (print & online): €674/£511 Institutional (online only): €640/£485 Personal (print only): €166/£130 www.tandf.co.uk/journals/cijl

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 31, 2010, 3 issues per year Print ISSN: 0144-0365 • Online ISSN: 1744-0564 Institutional (print & online): €397/£293 Institutional (online only): €378/£278 • Personal (print only): €91/£70 www.tandf.co.uk/journals/flgh

Journal of Commonwealth Law and Legal Education Lead Editor: Aurora Voiculescu, The Open University, UK 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. 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 8, 2010, 2 issues per year Print ISSN: 1476-0401 • Online ISSN: 1750-662X Institutional (print & online): €180/£124 • Institutional (online only): €171/£118 Personal (print only): €81/£56 www.tandf.co.uk/journals/rjcl

International Review of Law Computers & Technology 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 24, 2010, 3 issues per year Print ISSN: 1360-0869 • Online ISSN: 1364-6885 Institutional (print & online): €845/£639 • Institutional (online only): €802/£607 Personal (print only): €118/£88 www.tandf.co.uk/journals/cirl

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I n de x

A Abbas, Tahir . . . . . . . . . . . . . 9 Abbinnett, Ross . . . . . . . . . . 9 Abortion Law and Policy . . . . . 70

Aceves, William J. . . . . . . . 36 After Sovereignty . . . . . . . . . . 58

Akseli, Orkun . . . . . . . . . . . . 1 Alam, Shawkat 51 Albertson Fineman, Martha . 27 Aldohni, Abdul Karim . . . . . 20 Alpa, Guido . . . . . . . . . . . . . 5 Alternative Perspectives on Lawyers and Legal Ethics . . . 58 Arguing About Law . . . . . . . . 59 Arguing About Philosophy Series . . . . . . . . . . . . . . . . . 59

Armstrong, David . . . . . . . . 39 Ashford, Chris . . . . . . . . . . . 25 Asian Yearbook of International Law . . . . . . . . . . . . . . . . . . . 32 Asylum, Welfare and the Cosmopolitan Ideal . . . . . . . 27 Autonomy, Consent and the Law . . . . . . . . . . . . . . . . . . . 70

B Balint, Jennifer . . . . . . . . . . . 8 Barbour, Charles . . . . . . . . . 58 Bark, Pippa . . . . . . . . . . . . . 73 Bartlett, Francesca . . 58, 67, 68 Baughen, Simon . . . . . . . . . 20 Bedford, Kate . . . . . . . . . . . 64 Being Against the World . . . . . 59

Bell, Stuart . . . . . . . . . . . . . 48 Ben-Dor, Oren . . . . . . . . . . . 54 Bernaz, Nadia . . . . . . . . . . . 39 Biagi-Chai, Francesca . . . . . 14 Bibbings, Lois . . . . . . . . . . . . 7 Biber, Katherine . . . . . . . . . 15 Biggs, Hazel . . . . . . . . . . . . 72 Binding Men . . . . . . . . . . . . . . . 7 Biomedical Law and Ethics Library Series, The . . . . . . . . . . . . . . 69 Birth, Harm and the Role of Distributive Justice . . . . . . . . 70

Black, C.F. . . . . . . . . . . . . . . 62 Blomley, Nicholas . . . . . . . . 65 Body in Bioethics, The . . . . . . . 72

Borgmann-Prebil, Yuri . . . . . 63 Bowring, Bill . . . . . . . . . . . . 40 Bradney, Anthony . . . . . . . . 75 Brannigan, Augustine . . . . . 15 Breau, Susan . . . . . . . . . . . . 44 Brooks, Kim . . . . . . . . . . . . 26 Brown, Mark . . . . . . . . . . . . 13 Brütsch, Christian . . . . . . . . 41 Bubbles, Law and Financial Regulation . . . . . . . . . . . . . . 17

Buchanan, Ruth . . . . . . 52, 67 Buck, Trevor . . . . . . . . . . . . 24 Burton, Mandy . . . . . . . . . . 24

Bussani, Mauro . . . . . . . . . . . 6 Butler, Chris . . . . . . . . . . . . 57

C Cabatingan, Lee . . . . . . . . . 49 Campbell, Alastair V. . . . . . . 72 Campbell, Kirsten . . . . . . . . 43 Captive Images . . . . . . . . . . . . 15

Cardwell, Paul James . . . . . 21 Carl Schmitt . . . . . . . . . . . . 56 Carr, Indira . . . . . . . . . . . . . 80 Carrier, John . . . . . . . . . . . . 77 Cavandoli, Sofia . . . . . . . . . 28 Centralised Enforcement, Legitimacy and Good Governance in the EU . . . . . 21

Chadwick, Elizabeth . . . . . . 35 Charlesworth, Lorie . . . . . . . 79 Chatterjee, Charles . . . . . . . 37 Chege, Victoria . . . . . . . . . . 23 Chico, Victoria . . . . . . . . . . 71 Child Pornography . . . . . . . . . . 7 Child Sexual Abuse . . . . . . . . . 78

Chimni, B. S. . . . . . . . . . . . . 32 Choudhry, Shazia . . . . . . . . 25 Civil Disobedience and the German Courts . . . . . . . . . . . 5

Clark, Julian . . . . . . . . . . . . 22 Collier, Richard . . . . . . . . . . 25 Commercial and Business Organizations Law in Papua New Guinea . . . . . . . . . . . . . 2 Commonwealth Law Bulletin . 80 Comparative Perspectives on Communal Lands and Individual Ownership . . . . . . . . . . . . . . 46

Conaghan, Joanne . . . . . . . 25 Contemporary Human Rights Ideas . . . . . . . . . . . . . . . . . . 29 Contemporary Issues in Public Policy Series . . . . . . . . . . . . . 78 Contemporary Perspectives on Life After Punishment . . . . . 12

Cooper, Davina . . . . . . . . . . 64 Corbin, Lillian . . . . . . . . 67, 68 Corrin, Jennifer . . . . . . . . . . . 5 Cortés, Pablo . . . . . . . . . . . 55 Cottrell, Jill . . . . . . . . . . . . . 50 Counter-Terrorism and Beyond 41 Counter-Terrorism and the Detention of Suspected Terrorists . . . . . . . . . . . . . . . 41 Courts of Genocide, The . . . . . 43

Cremer, Hans-Joachim . . . . . 6 Crewe, Don . . . . . . . . . . . . 12 Crime Scenes . . . . . . . . . . . . . 61 Crime, Inequality and the State 15 Criminal Law and Policy in the European Union . . . . . . . . . . 8 Criminology of Pleasure, The . 16 Critical Approaches to Law Series . . . . . . . . . . . . . . 38, 52

Critical Concepts in Islamic Studies Series . . . . . . . . . . . 75 Critical Legal Theory . . . . . . . . 64

Cullet, Philippe . . . . . . . . . . 48

Europeanisation of Contract Law, The . . . . . . . . . . . . . . . . . . . . 7 Events – The Force of International Law . . . . . . . . 33

Currency of Justice, The . . . . . 16 Current Controversies in Law Series . . . . . . . . . . . . . . . . . . 7 Current State of Domain Name Regulation, The . . . . . . . . . . 55

Everson, Michelle . . . . . . . . 69

D

F

d’Aspremont, Jean . . . . . . . 35 Dakolias, Maria . . . . . . . . . . 18 Davidson, Julia . . . . . . . . 9, 78 De Cruz, Peter . . . . . . . . . . 24 de Lacy, John . . . . . . . . . . . . 3 Dearey, Melissa . . . . . . . . . . 14 Degradation of the International Legal Order?, The . . . . . . . . 40

Delaney, David . . . . . . . . . . 47 Deleuze and Guattari: Emergent Law . . . . . . . . . . . . . . . . . . . 57

Denham, David . . . . . . . . . . 17 Development of Intellectual Property Regimes in the Arabian Gulf States, The . . . 31 Discourse on Domination in Mandate Palestine, A . . . . . 74 Discourses of Law . . . . . . . . . . 61

Dorsett, Shaunnagh . . . . . . 38 Douzinas, Costas . . . . . 29, 64 Dragomir, Larisa . . . . . . . . . 22 Drakopoulou, Maria . . . . . . 63 Drugs, Crime and Public Health11

Duncan, Nigel . . . . . . . . . . . 80

E Eco Crime and Genetically Modified Food . . . . . . . . . . . 11 Economics of Legal Relationships Series, The . . . . . . . . . . . . . . 17 Education Law . . . . . . . . . . . . 77

Elder Law . . . . . . . . . . . . . . 23 Elkin-Koren, Niva . . . . . . . . 31 Emerging Areas of Human Rights in the 21st Century . . . . . . . 28 Emotion, Genre, and Justice in Film and Television . . . . . . . .54 Environmental Governance in Europe and Asia . . . . . . . . . 47 Environmental Law . . . . . . . . . 48 Ethics Project in Legal Education, The . . . . . . . . . . . . . . . . . . . 67 EU External Relations and Systems of Governance . . . . . . . . . . 21 EU Race Directive, The . . . . . . 23 Europe and Europeanization . . 22 European Convention on Human Rights and its New Contracting Parties, The . . . . . . . . . . . . . 28 European Prudential Banking Regulation and Supervision . 22 European Union NonDiscrimination Law . . . . . . . 23

CONTACT US – for more information, email: law@routledge.com. eBooks: www.ebookstore.tandf.co.uk eUpdates: www.tandf.co.uk/eupdates

Evgeny Pashukanis . . . . . . . . . 57 Evolution of a Revolution . . . . . 4 Existentialist Criminology . . . . 12 Eye of the Law, The . . . . . . . . 60

Falk, Richard . . . . . . . . . . . . 34 Family Law, Sex and Society . . 24

Fangfei Wang, Faye . . . . . . .55 Farrall, Stephen . . . . . . . . . . 12 Farran, Sue . . . . . . . . . . . . . 30 Faundez, Julio . . . . . . . . . . . 48 Fay, Derick . . . . . . . . . . . . . 46 Fear of Crime . . . . . . . . . . . . . 12

Fedtke, Jörg . . . . . . . . . . . . 29 Feminist Encounters with Legal Philosophy . . . . . . . . . . . . . . 63 Feminist Legal Studies . . . . . . . 25

Fennell, Shailaja . . . . . . . . . 52 Fenton, Rachel . . . . . . . . . . 26 Ferretti, Federico . . . . . . . . . 20 Fitzpatrick, Peter . . . . . . 63, 67 Ford, Mary . . . . . . . . . . . . . 73 Forrest, Craig . . . . . . . . . . . 37 Foucault and Criminology . . . . 13 Foucault’s Law . . . . . . . . . . . . 63 Foucault’s Monsters and the Challenge of Law . . . . . . . . 64 Four Lacanian Discourses, The 60 Fragility of Law, The . . . . . . . . 44 Framing Crime . . . . . . . . . . . . 13

Franko Aas, Katja . . . . . . . . 15 Fraser, David . . . . . . . . . . . . 44 Freedom of Expression . . . . . . 29 From Heritage to Terrorism . . . 51

G Gender, Law and Sexualities . . 26 Gendered Risks . . . . . . . . . . . . 15 Genocide, State Crime, and the Law . . . . . . . . . . . . . . . . . . . . 8 Genomic Torts . . . . . . . . . . . . 71

Gerding, Erik F. . . . . . . . . . . 17 Ghai, Yash . . . . . . . . . . . . . 50 Ghandour, Zeina B. . . . . . . . 74 Gillespie, Alisdair A. . . . . . . . 7 Giorgio Agamben . . . . . . . . 57 Glinavos, Ioannis . . . . . . . . . 52 Global Institutions Series . . . . . . . . . . . 10, 29, 37 Global Perspectives on the Rule of Law . . . . . . . . . . . . . . . . . . . 49 Globalisation and the Quest for Social and Environmental Justice . . . . . . . . . . . . . . . . . 51

Godden, Lee . . . . . . . . . . . . 46 Golder, Ben . . . . . . . . . . . . . 63

83


84

I n dex

Goodrich, Peter . . . . . . . 56, 61 Goodwin, Edward . . . . . . . . 36 Gottschalk, Petter . . . . . . . . . 9

Humphreys, Matthew . . . . . 40 Hunter, Shona . . . . . . . . . . . 65 Huxtable, Richard . . . . . . . . 72

Governace and Regulation in Social Life . . . . . . . . . . . . . . 15 Governance Through Development . . . . . . . . . . . . 49

Hypercrime . . . . . . . . . . . . . . . 15

Gowlland-Gualtieri, Alix . . . 48 Grabham, Emily . . . . . . . . . 64 Graham, Nicole . . . . . . . . . . 47 Grear, Anna . . . . . . . . . . . . 26 Guardiola-Rivera, Oscar . . . . 59 Guimond, James . . . . . . . . . 60

I Identity of the Constitutional Subject, The . . . . . . . . . . . . 62

Idriss, Mohammed . . . . . . . . 9 Imber, Michael . . . . . . . . . . 77

Immigration, Integration and Crime . . . . . . . . . . . . . . . . . 78 Indigenous Australians and the Law . . . . . . . . . . . . . . . . . . . . 5 Information & Communications H Technology Law . . . . . . . . . . 80 Haggerty, Kevin D. . . . . . . . 15 Intellectual Property, Community Haldar, Piyel . . . . . . . . . . . . 62 Rights and Human Rights . . 32 Halliday, Samantha . . . . . . . 73 Interaction between WTO Law Hallsworth, Simon . . . . . . . . 16 and External International Law, The . . . . . . . . . . . . . . . . . . . 19 Hannah-Moffat, Kelly . . . . . 15 Happold, Matthew . . . . . . . 33 International Child Law . . . . . . 24 Harding, Rosie . . . . . . . . . . 65 International Commercial and Marine Arbitration . . . . . . . . . 2 Harrington, John . . . . . . . . . 28 International Commercial Hatzis, Aristides . . . . . . . . . 17 Arbitration and the Arbitrator’s Hayward, Keith . . . . . . . . . . 13 Contract . . . . . . . . . . . . . . . . 2 Head, Michael . . . . . . . . . . . 57 International Development . . . 52 Health and the National Health International Economic Actors Service . . . . . . . . . . . . . . . . .77 and Human Rights . . . . . . . . 34 Health Professionals and the International Journal of the Legal Emergence of Distrust . . . . . 71 Profession . . . . . . . . . . . . . . 81 Healthcare Research Ethics and International Law . . . . . . . . . . 37 Law . . . . . . . . . . . . . . . . . . . 72 International Law and Heckman, James J. . . . . . . . 49 Diplomacy . . . . . . . . . . . . . . 37 Henaghan, Mark . . . . . . . . . 71 International Law and the Henri Lefebvre . . . . . . . . . . . . 57 Conservation of Coral Reef Ecosystems . . . . . . . . . . . . . 36 Herman, Didi . . . . . . . . . . . 64 Herring, Jonathan . . . . . . . . 25 International Law and the Protection of Cultural Hinton, Martin . . . . . . . . . . . 5 Heritage . . . . . . . . . . . . . . . 37 Hinton, Mercedes S. . . . . . . 42 International Law and the Third Hirvonen, Ari . . . . . . . . . . . 66 World . . . . . . . . . . . . . . . . . 34 History of Drugs, A . . . . . . . . . 11 International Law in a Multipolar Holder, Jane . . . . . . . . . . . . 48 World . . . . . . . . . . . . . . . . . 33 Honour, Violence, Women and International Law, International Islam . . . . . . . . . . . . . . . . . . . 9 Relations and Global Hörnqvist, Magnus . . . . . . . 14 Governance . . . . . . . . . . . . . 37 Hosen, Nadirsyah . . . . . . . . 76 International Legal Theory . . . .34 Hough, Mike . . . . . . . . . . . . 12 International Review of Law Computers & Technology . . .81 Howard, Erica . . . . . . . . . . . 23 Howe, Adrian . . . . . . . . . . . 15 International Secured Transactions Law . . . . . . . . . . . . . . . . . . . . 1 Hughes, Edel . . . . . . . . . . . . 22 International Trade and the Human Rights and Empire . . . 29 Protection of the Enviroment 20 Human Rights and Minority Internationalisation of Rights in the European Union29 Competition Rules, The . . . . 19 Human Rights and the Private Internet Child Abuse: Current Sphere . . . . . . . . . . . . . . . . . 29 Research and Policy . . . . . . . . 9 Human Rights and the Protection Interpretation of Contracts . . . . 8 of Privacy in Tort Law . . . . . . 6 Interpreting Human Rights . . . 30 Human Rights Controversies . . 29 Intersectionality and Beyond . . 64 Human Rights in the South Introduction to South Pacific Pacific . . . . . . . . . . . . . . . . . 30 Law . . . . . . . . . . . . . . . . . . . . 5 Human Rights or Citizenship? 60

Introduction to Spanish Private Law . . . . . . . . . . . . . . . . . . . . 5

Iqbal, Khurshid . . . . . . . . . . 53 Islamic Law . . . . . . . . . . . . . . . 75 Islamic Law and the Law of Armed Conflict . . . . . . . . . . 38 Italian Private Law . . . . . . . . . . . 5

J Jacobson, Arther . . . . . . . . . 61 James, Deborah . . . . . . . . . 46 James, Grace . . . . . . . . . . . 45 Jefferson, Andrew M. . . . . .50 Jensen, Steffen . . . . . . . . . . 50 Jewish Law Annual Series . . . . 75 Jewish Law Annual Volume 18, The . . . . . . . . . . . . . . . . . . . 75

Johns, Fleur . . . . . . . . . . . . . 33 Johnston, Elliott . . . . . . . . . . 5 Jones, Alun . . . . . . . . . . . . . 22 Jones, Jackie . . . . . . . . . . . . 26 Jones, Neil . . . . . . . . . . . . . 82 Jones, Nicholas A. . . . . . . . 43 Journal of Commonwealth Law and Legal Education . . . . . . 81 Journal of Legal History . . . . . 82

Joyce, Richard . . . . . . . . . . . 33 Judical Law-Making in Post-Soviet Russia . . . . . . . . . . . . . . . . . . 5 Judith Butler . . . . . . . . . . . . . . 57 Jurisdiction . . . . . . . . . . . . . . . 38 Jurisprudence of Pregnancy, The . . . . . . . . . . . . . . . . . . . 73

K Katselli Proukaki, Elena . . . . 36 Kavanagh, Aileen . . . . . . . . 59 Kearney, Jarod . . . . . . . . . . 60 Kellogg, Catherine . . . . . . . 66 Kelsey, Jane . . . . . . . . . . . . .53 Kendall, Ian . . . . . . . . . . . . . 77 Kessaris, Amanda Perry . . . . 49 Kinnear, Fiona . . . . . . . . . . . 80 Klein, Natalie . . . . . . . . 42, 51 Klippel, Diethelm . . . . . . . . 68 Kochi, Tarik . . . . . . . . . . . . . 59 Kokkoris, Ioannis . . . . . . . . . 18 Komaitis, Konstantinos . . . . 55 Krishnadas, Jane . . . . . . . . . 64 Ku, Charlotte . . . . . . . . . . . 37 Kurdish Conflict, The . . . . . . . 44

L Land is the Source of the Law, The . . . . . . . . . . . . . . . . . . . 62

Lau, Holning . . . . . . . . . . . . . 5 Law and Art . . . . . . . . . . . . . . 54 Law and Consumer Credit Information in the European Community, The . . . . . . . . . 20 Law and Economics . . . . . . . . 20

Law and Economics of Intellectual Property in the Digital Age, The . . . . . . . . . . . . . . . . . . . 31 Law and Evil . . . . . . . . . . . . . . 66 Law and Faith in a Sceptical Age . . . . . . . . . . . . . . . . . . . 75 Law and Legalization in Transnational Relations . . . . 41 Law and Religion in Public Life 76 Law in the Pursuit of Development . . . . . . . . . . . . 49 Law of Consular Access, The . . 36 Law of Electronic Commercial Transactions . . . . . . . . . . . . .55 Law Teacher, The . . . . . . . . . . 80 Law, Development and Globalization . . . . . . . . . . . . 48 Law, Orientalism and Postcolonialism . . . . . . . . . . 62 Law’s Trace: From Hegel to Derrida . . . . . . . . . . . . . . . . 66 Lawscape . . . . . . . . . . . . . . . . 47

Leckey, Robert . . . . . . . . . . .26 Lee, Murray . . . . . . . . . . . . 12 Legal and Regulatory Aspects of Islamic Banking, The . . . . . . 20 Legal Architecture . . . . . . . . . . 66 Legal Regulation of Pregnancy and Parenting in the Labour Market, The . . . . . . . . . . . . 45 Legal Responses to Domestic Violence . . . . . . . . . . . . . . . 24 Legal Theology . . . . . . . . . . . . 67 Legal, the Spatial and the Pragmatics of World-Making, The . . . . . . . . . . . . . . . . . . . 47

Lehmkuhl, Dirk . . . . . . . . . . 41 Lifshitz, Berachyahu . . . . . . 75 Lippens, Ronnie . . . . . . . . . 12 Loizidou, Elena . . . . . . . . . . 57 Lynch, Andrew . . . . . . . . . . 41

M Macken, Claire . . . . . . . . . . 41 Maclean, Alasdair . . . . . . . . 70 Macneil, William . . . . . . . . . 61 Madhav, Roopa . . . . . . . . . . 48 Madsen, Frank . . . . . . . . . . 10 Making Anti-Racial Discrimination Law . . . . . . . . . . . . . . . . . . . 74

Malinauskaite, Jurgita . . . . . 19 Marginalized Communities and Access to Justice . . . . . . . . . 50 Maritime Security . . . . . . . . . . 42

Martínez Gutiérrez, Norman A. 40 Maruna, Shadd . . . . . . . . . . 12 Masahiro, Miyoshi . . . . . . . . 32 Matthews, Roger . . . . . . . . 79 Maynard, Katherine . . . . . . 60 McBeth, Adam . . . . . . . . . . 34 McDonnell, Thomas . . . . . . 42 McGarrity, Nicola . . . . . . . . 41

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I n de x

McGillivray, Donald . . . . . . . 48 McGlynn, Clare . . . . . . . . . . 10 McGuire, Micael . . . . . . . . . 15 McGuire, Mike . . . . . . . . . . 16 McLean, Sheila A.M. . . 69, 70 McNamara, Luke . . . . . . . . . 29 McVeigh, Shaun . . . . . . . . . 38

Onyema, Emilia . . . . . . . . . . 2 Oppen Gundhus, Helene . . 15 Origins of Criminology, The . . 16 Other’s War, The . . . . . . . . . . 59

Overland, Juliette . . . . . . . 51 Oxner, Sandra E. . . . . . . . 18

P

Medicine and Law at the Limits of Pacces, Alessio . . . . . . . . . . 1 Life . . . . . . . . . . . . . . . . . . . 72 Pahuja, Sundhya . . 33, 52, 67 Men, Law and Gender . . . . . . 25 Palmer, Vernon Valentine . . 6 Mental Health and Crime . . . . 78 Participants in the International Mercuro, Nicholas . . . . . . . . 20 Legal System . . . . . . . . . . . 35 Merger Control in Europe . . . . 18 Patent Policy . . . . . . . . . . . . . 18 Merger Control in PostPaterson, Don . . . . . . . . . . . 5 Communist Countries . . . . . 19 Patient Safety, Law Policy and Meszaros, George . . . . . . . . 50 Practice . . . . . . . . . . . . . . . 73

Miettinen, Samuli . . . . . . . . . 8 Minkkinen, Panu . . . . . . . . . 69 Mitchell, Catherine . . . . . . . . 8 Mohr, Richard . . . . . . . . . . . 76 Morgan, Rhiannon . . . . . . . 30 Mork Lomell, Heidi . . . . . . . 15 Morris, Lydia . . . . . . . . . . . . 27 Mortensen, Reid . . . . . . 58, 68 Mossop, Joanna . . . . . . . . . 42 Motha, Stewart . . . . . . . . . . 67 Mugambwa Harrison, John . . 2 Mukwiri, Jonathan . . . . . . . . 3 Mulcahy, Linda . . . . . . . . . . 66 Munro, Vanessa E. . . . . . . . 10 Murray, Jamie . . . . . . . . . . . 57 Muslim Law . . . . . . . . . . . . . . 74

N Nelson, Robert L. . . . . . . . . 49 Neoliberalism and the Law in Post Communist Transition . . . . . 52 New Governance and the European Employment Strategy . . . . . . . . . . . . . . . . 45

Newburn, Tim . . . . . . . . . . . 42 Niklas Luhmann: Law, Justice, Society . . . . . . . . . . . . . . . . 58 Nomikoi: Critical Legal Thinkers Series . . . . . . . . . . . . . . . . . 56

Norman, Paul . . . . . . . . . . . 44 Norms and Values in Law and Economics . . . . . . . . . . . . . . 17 Novel Judgments . . . . . . . . . . 61

O O’Malley, Pat . . . . . . . . .15, 16 Oberdiek, John . . . . . . . . . . 59 Odello, Marco . . . . . . . . . . . 28 Oliver, Dawn . . . . . . . . . . . . 29 Olley, Neil . . . . . . . . . . . . . 17 On the Right of Exclusion: Law, Ethics and Immigration Policy30 Online Dispute Resolution for Consumers in the European Union . . . . . . . . . . . . . . . . 55

Pavlich, George . . . . . . 15, 58 Peay, Jill . . . . . . . . . . . . . . 78 Penal Power and Colonial Rule13

Perrin, Colin . . . . . . . . . . . 64 Petersen, Kerry . . . . . . . . . 70 Philippopoulos-Mihalopoulos, Andreas . . . . . . . . . . . . . . 58 Phillips, Oliver . . . . . . . . . . 26 Picken, Gavin . . . . . . . . . . 75 Policing Developing Democracies . . . . . . . . . . . 42 Political Economy of Government Auditing, The . . . . . . . . . . 51

Porttikivi, Janne . . . . . . . . . 66 Power, Politics and the Emotions . . . . . . . . . . . . . . 65

Presdee, Mike . . . . . . . . . . 13 Pribram, Deidre . . . . . . . . . 54 Price, David . . . . . . . . . . . . 31 Problem of Enforcement in International Law, The . . . . 36 Prostitution, Politics and Policy79 Psychiatry in Law/Law in Psychiatry . . . . . . . . . . . . . . 9 Public Interest Litigation in Asia 5 Public Sex and the Law . . . . . 25 Pure Economic Loss . . . . . . . . 6

Q Queer Theory: Law, Culture, Empire . . . . . . . . . . . . . . . . 26

Quigley, John . . . . . . . . . . 36 Quint, Peter E. . . . . . . . . . . 5 Quirk, Hannah . . . . . . . . . 10

R Race and Law . . . . . . . . . . . . 75

Rackley, Erika . . . . . . . . . . 27 Radicalization . . . . . . . . . . . . 14

Rafter, Nicole . . . . . . . . . . 16 Rajagopal, Balakrishnan . . 34 Ramanathan, Usha . . . . . . 48 Ramcharan, Bertrand G. . . 29 Razzaque, Jona . . . . . . . . . 47

Reading Modern Law: Critical Methodologies and Sovereign Formations . . . . . . . . . . . . 67 Reaffirming Legal Ethics . . . . 68 Reform of UK Personal Property Security Law, The . . . . . . . . 3 Regulating Sexuality . . . . . . . 65 Regulation of the Voluntary Sector . . . . . . . . . . . . . . . . 38 Reproductive Ethics and the Law . . . . . . . . . . . . . . . . . . 73 Rethinking Corporate Governance . . . . . . . . . . . . . 1 Re-Thinking Intellectual Property . . . . . . . . . . . . . . 31 Rethinking Rape Law . . . . . . 10 Revenge versus Legality . . . . 60

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Onuf, Nicholas . . . . . . . . . 34

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Schabas, William . . . . . . . . 39 Schiek, Dagmar . . . . . . . . . 23 Schotel, Bas . . . . . . . . . . . 30 Schroeder, Jeanne Lorraine 60 Scolnicov, Anat . . . . . . . . . 76 Scott Bray, Rebecca . . . . . . 61 Seddon, Toby . . . . . . . . . . 11 Self-Determination in the Post-9/11 Era . . . . . . . . . . . 35 Serial Killers . . . . . . . . . . . . . 14 Serving the Rule of International Maritime Law . . . . . . . . . . 40 Serving Whose Interests? . . . 53 Sex Violence and Crime . . . . 15 Sex, Culpability and the Defence of Provocation . . . . . . . . . . 62 Sexuality and the Politics of Rights in Southern Africa . . . . . . . 26

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Solanke, Iyiola . . . . . . . . . . 74

85


I n dex

86

Solivetti, Luigi M. . . . . . . . 78 Sovereignty, Knowledge, Law 69

Sparks, Richard . . . . . . . . . 12 Starman, Hannah . . . . . . . 43 State Accountability Under International Law . . . . . . . 35 State Violence and Human Rights . . . . . . . . . . . . . . . . 50

Stevens, Alex . . . . . . . . . . 11 Stevens, Jacqueline . . . . . . 34 Stevenson, Kim . . . . . . . . . 26 Stolleis, Michael . . . . . . . . 60

Understanding the Islamic Veiling Controversy . . . . . . . . . . . . 76 United States, International Law and the Struggle Against Terrorism, The . . . . . . . . . . 42 UT Austin Studies in Foreign and Transnational Law Series . . . . . . . . . . . . 5, 6, 29

V

Student Law Review, The . . . 80

Vakulenko, Anastasia . . . . 76 van Geel, Tyll . . . . . . . . . . . 77 Velluti, Samantha . . . . . . . 45 Vereshchagin, Alexander . . . 5

Stuttaford, Maria . . . . . . . 28

Victimology . . . . . . . . . . . . . . 17

Surveillance and Democracy . 15 Sustainability in European Transport Policy . . . . . . . . . 40

Vogel, Mary . . . . . . . . . . . 15 Voiculescu, Aurora . . . . . . 81 Voruz, Veronique . . . . 13, 14 Vos, Ellen . . . . . . . . . . . . . 69

Sweeney, Brendan J. . . . . 19 Sweeney, James A. . . . . . . 28

T Takeovers and the European

Legal Framework . . . . . . . . . 3 Taking Stock of Environmental Assessment . . . . . . . . . . . . 48

Tambakaki, Paulina . . . . . . 60 Tan, Celine . . . . . . . . . . . . 49 Tan, Kevin Y.L. . . . . . . . . . . 4 Teacher’s Guide To Education Law, A . . . . . . . . . . . . . . . . 77 Technologies of InSecurity . . . 15

Tehan, Maureen . . . . . . . . 46 Testifying to Trauma . . . . . . . 43

Thio, Li-ann . . . . . . . . . . 4, 32 Tian, YiJun . . . . . . . . . . . . 31 Timing of Income Recognition in Tax Law and the Time Value of Money, The . . . . . . . . . . . . . 4

Tingle, John . . . . . . . . . . . 73 Tomorrow’s Torts . . . . . . . . . . 6

Tonye Mahop, Marcelin . . . 32 Transcending the Boundaries of Law . . . . . . . . . . . . . . . . . . 27 Transitional Justice, Judicial Accountability and the Rule of Law . . . . . . . . . . . . . . . . . . 43 Transnational Organized Crime10

Tranter, Kieran . . . 58, 67, 68 Travers, Max . . . . . . . . . . . 56 Turkey’s Accession to the European Union . . . . . . . . 22

Turner, Bryan . . . . . . . . . . . 30 Twigg-Flesner, Christian . . . 7 Tyson, Danielle . . . . . . . . . 62 Tzvika Nissel, Alan . . . . . . . 37

W Waldrep, Christopher . . . . 75 Wallbank, Julie . . . . . . . . . 25 Walters, Reece . . . . . . . . . 11 Wastell, Sari . . . . . . . . . . . 43 Water Law for the Twenty-First Century . . . . . . . . . . . . . . . 48

Watson, Penelope . . . . . . . . 6 Weiler, Joseph . . . . . . . . . . 37 Weiss, Pia . . . . . . . . . . . . . 18 Welfare’s Forgotten Past . . . . 79

Williams, George . . . . . . . 41 Williams, John . . . . . . . . . 23 Winn, Jane . . . . . . . . . . . . 31 Wolhuter, Lorraine . . . . . . 17 Women, Judging and the Judiciary . . . . . . . . . . . . . 27

Woodman, Gordon . . . . . 68

Y Yang, Suzanne . . . . . . . . 14 Yap, Po Jen . . . . . . . . . . . . 5 Yarwood, Lisa 35 Yearwood, Ronnie R.F. . . 19 Yildiz, Kerim . . . . . . . . . . 44 Young, Alison . . . . . . . . . 54 Yusuf, Hakeem O. . . . . . 43

Z Zammit-Borda, Aldo . . . . 80 Zartaloudis, Thanos . . . . . 57 Zekos, Georgios I. . . . . . . . 2 Zeno-Zencovich, Vincenzo 29

U Uncertain Risks Regulated . . . 69 Understanding Contemporary Terrorism and the Global Response . . . . . . . . . . . . . . 44 Understanding Law and Society . . . . . . . . . . . . . . . 56

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Research in Law and Society 2010 (UK)  

Research in Law and Society 2010 catalogue for the European, Asian, African and australiann markets from Routledge and the Taylor & Francis...

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