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Law and the City
by Andreas Philippopoulos-MihalopoulosLaw and the City offers a lateral, critical and often unexpected description of some of the most important cities in the world, including Moscow, Istanbul, Berlin, Singapore, Athens, Mexico City, Toronto, Sydney, Johannesburg: each one from a distinctive legal perspective. An invaluable 'guide' to adopting a different approach to the city and its history, culture and everyday experience, Law and the City is not simply an exploration of the relationship between these two spheres. It details: a flourishing of law’s spatiality and urban legal locality an unfolding of both the juridical urban body and the city’s legal dreams, of both the ‘urban law’ and the ‘juridical polis’. Enlightening and at the same time problematizing the reader, this volume is an innovative collection of truly global dimensions that will prove compelling reading both for specialists and for critical travellers.
The Law and the Dead
by Heather ConwayThe fate of the dead is a compelling and emotive subject, which also raises increasingly complex legal questions. This book focuses on the substantive laws around disposal of the recently deceased and associated issues around their post-mortem fate. It looks primarily at the laws in England and Wales but also offers a comparative approach, drawing heavily on material from other common law jurisdictions including Australia, New Zealand, Canada and the United States. The book provides an in-depth, contextual and comparative analysis of the substantive laws and policy issues around corpse disposal, exhumation and the posthumous treatment of the dead, including commemoration. Topics covered include: the legal frameworks around burial, cremation and other disposal methods; the hierarchy of persons who have a legal duty to dispose of the dead and who are entitled to possession of the deceased’s remains; offences against the dead; family burial disputes, and the legal status of burial instructions; the posthumous use of donated bodily material; and the rules around disinterment, and creating an appropriate memorial. A key theme of the book will be to look at the manner in which conflicts involving the dead are becoming increasingly common in secular, multi-cultural societies where the traditional nuclear family model is no longer the norm, and how such legal contests are resolved by courts. As the first comprehensive survey of the laws in this area for decades, this book will be of use to academics, lawyers and judges adjudicating on issues around the fate of the dead, as well as the death industry and funeral service providers.
Law, Capitalism and Power in Asia
by Kanishka JayasuriyaA challenging and provocative book that contests the liberal assumption that the rule of law will go hand in hand with a transition to market-based economies and even democracy in East Asia. Using case studies from Hong Kong, China, Indonesia, Malaysia, Taiwan, Japan and Vietnam, the authors argue that the rule of law is in fact more likely to provide political elites with the means closely to control civil society. It is essential, therefore, to locate conceptions of judicial independence and the rule of law more generally within the ideological vocabulary of the state.
Law, Ethics and Compromise at the Limits of Life
by Richard HuxtableA conflict arises in the clinic over the care of a critically ill, incapacitated patient. The clinicians and the patient’s family confront a difficult choice: to treat or not to treat? Decisions to withdraw or withhold life-sustaining treatment feature frequently in the courts and in the world's media, with prominent examples including the cases of Charlotte Wyatt, in the UK, and Terri Schiavo, in the USA. According to legislation like the Mental Capacity Act 2005, the central issues are the welfare (or ‘best interests’) of the patient, alongside any wishes they might have conveyed, via an ‘advance directive’ or through the appointment of a ‘lasting power of attorney’. Richard Huxtable argues that the law governing both welfare and wishes frequently fails to furnish clinicians and families with the guidance they require. However, he finds this unsurprising, given the competing ethical issues at stake. Huxtable proposes that there is a case for ‘principled compromise’ here, such that the processes for resolving principled disputes take precedence. He argues for greater ethical engagement, through a reinvigorated system of clinical ethics support, in which committees work alongside the courts to resolve the conflicts that can arise at the limits of life. Providing a comprehensive account of the law pertaining to children and adults alike, and distinctively combining medico-legal and bioethical insights, this book engages scholars and students from both disciplines, as well as informing clinicians about the scope (and limits) of law at the limits of life.
Law, Immunization and the Right to Die
by Jennifer HardesLaw, Immunization and the Right to Die focuses on the urgent matter of legal appeals and judicial decisions on assisted death. Drawing on key cases from the United Kingdom and Canada, the book focuses on the problematic paternalism of legal decisions that currently deny assisted dying and questions why the law fails to recognize what many describe as "compassionate motives" for assisted death. When cases are analyzed as discourses that are part of a larger socio-political logic of governance, judicial decisions, it is argued here, reveal themselves as relying on the construction of neoliberal fictions – fictions that are here elucidated with reference to Michel Foucault’s theoretical insights on pastoral power and Roberto Esposito’s philosophical thesis on immunization. Challenging the socio-political logic of neoliberalism, the issue of assisted dying goes beyond the predominant legal concern with protecting – or immunizing – individuals from one another, in favor of minimal interference. This book calls for a new kind of politics: one that might affirm people and their finitude both more collectively, and more compassionately.
Law, Labour and Society in Japan
by Anthony WoodiwissAs Japanese companies establish overseas production facilities at an ever more repid pace, it is increasingly important for people in the host countries to understand the preconceptions upon which the Japanese approach to industrial relations is based. This book traces the development of Japanese labour law and shows how labour law has been related to the prevailing social, economic and political circumstances.
Lawless Spaces
by Corey Ann HayduPerfect for fans of Deb Caletti, this poignant coming-of-age novel in verse follows a teen girl who connects with the women of her maternal line through their journals and comes to better understand her fraught relationship with her mother.Mimi&’s relationship with her mother has always been difficult. But lately, her mother has been acting more withdrawn than usual, leaving Mimi to navigate the tricky world of turning sixteen alone. What she doesn&’t expect is her mother&’s advice to start journaling—just like all the woman in her family before her. It&’s a tradition, she says. Expected. But Mimi takes to poetry and with it, a way to write down the realities of growing into a woman, the pains of online bullying, and the new experiences of having a boyfriend. And all in the shadows of a sexual assault case that is everywhere on the news—a case that seems to specifically rattle her mother. Trying to understand her place in the world, Mimi dives into the uncovered journals of her grandmother, great-grandmother, and beyond. She immerses herself in each of their lives, learns of their painful stories and their beautiful sprits. And as Mimi grows closer to each of these women, she starts to forge her own path. But it isn&’t until her mother&’s story comes to light that Mimi learns about the unyielding bonds of family and the relentless spirit of womanhood.
Law, Liberty and Church
by Gordon ArthurLaw, Liberty and Church examines the presuppositions that underlie authority in the five largest Churches in England - the Church of England, the Roman Catholic Church, the Methodist Church, the United Reformed Church and the Baptist Union. Examining what has influenced their development, and how the patterns of authority that exist today have evolved, Gordon Arthur explores the contributions of Scripture, Roman Legal Theory, and Greek Philosophy. This book shows how the influence of Roman legal theory has caused inflexibility, and at times authoritarianism in the Roman Catholic Church; it explores how the influence of reason and moderation has led the Church of England to focus on inclusiveness, often at the cost of clarity; it expounds the attempts of the Free Churches to establish liberty of conscience, leading them at times to a more democratic and individualistic approach. Finally Arthur offers an alternative view of authority, and sets out some of the challenges this view presents to the Churches.
The Law of Deliberative Democracy
by Ron Levy and Graeme OrrLaws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals. Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation’s weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.
Law of Estate Agency
by John MurdochSince its first publication in 1975, John Murdoch’s Law of Estate Agency has been the leading work on this important subject. This new fifth edition offers authoritative guidance on all recent legal developments, both legislative and in the courts, of concern to practising estate agents. Judicial decisions on such matters as commission claims and liability for misdescription are of great concern to practitioners, as is the increasing tendency of clients to defend an action for fees by claiming that the agent’s terms of business contravene consumer protection rules inspired by the EU. These developments, and many more, are given expert coverage.
Law of the Sea in East Asia
by Keyuan ZouLaw of the Sea in East Asia selects the most prominent maritime legal issues that have emerged since the post-LOS Convention era for a detailed discussion and assessment. The current marine legal order in East Asia is based on the 1982 United Nations Convention on the Law of the Sea (LOS Convention) and accordingly coastal states in the region are obliged to cooperate amongst themselves to exercise their rights and perform their duties. Keyuan, a respected expert in the fields of international and Chinese law, explores issues concerning compliance with the law of the sea, territorial disputes and maritime boundary delimitation, fishery management, safety of navigation and maritime security, and neglected issues in the law of the sea. This is the first book to examine maritime laws in East Asia, and as such will appeal to academics of law and Asian studies, lawyers and policy makers.
The Law of Virtual Worlds and Internet Social Networks
by Andrew SparrowVirtual worlds are the latest manifestation of the internet's inexorable appetite for development. Organisations of all kinds are enthusiastically pursuing the commercial opportunities offered by the growth of this phenomenon. But if you believe that there are no laws which govern internet social networks and virtual worlds this book will persuade you otherwise. There is law, and a good deal of it. Why would there not be? As with many other aspects of the world wide web, this new medium is unregulated and offers many opportunities for companies to damage their reputation, run into a whole host of problems relating to intellectual property, trade marks and copyrights, and compromise the rights of individuals participating within the virtual environment. By reading The Law of Virtual Worlds and Internet Social Networks you will gain a good understanding of the legal issues which govern this expanding and fascinating world - are you ready for the leap from internet plaything to meaningful social and business tool? The Law of Virtual Worlds and Internet Social Networks is an essential reference for advertising and media agencies; television broadcast producers; academic institutions including university law, knowledge and information departments. In fact, it has been written for anyone interested in virtual worlds and social networks whether commercially because you want to explore the possibilities such environments present, or for academic curiosity.
Law, Policy and Climate Change
by Dariel De SousaFocusing on systemic risks caused by climate change, this book examines how these risks can be effectively regulated to ensure resilience and avoid catastrophe. Systemic risks are risks that threaten the systems upon which society depends, including ecosystems, social systems, financial systems, and systems of infrastructure. Such risks are typically characterised by inherent complexity, profound uncertainty, and overwhelming ambiguity. In combination, these features pose significant regulatory challenges for policy and law-makers. Examining how different types of systemic risks caused by climate change are being regulated in four different jurisdictions – the EU, the UK, the US and Australia – this book identifies deficiencies associated with regulating systemic risks using a traditional approach, based on a linear relationship between risk and regulation, which is widely used to regulate risk. The book advances a regulatory approach that is, instead, founded on the concept of "risk governance". This involves a structured yet flexible, holistic, interdisciplinary and inclusive basis for responding to systemic risks; and it is, this book argues, a more effective basis for regulating systemic risks given their uncertainty, complexity and ambiguity. This book will appeal to academics, policy and law-makers and practitioners working at the intersection of law and policy in the areas of regulation, risk management and climate change.
Law, Psychoanalysis, Society
by Maria Aristodemou'I swear to tell the truth, the whole truth, and nothing but the truth' we say in a court of law. 'In a court of law, the truth is precisely what we will not say', says Lacan. ‘If God is dead, everything is permitted’, writes Dostoyevsky. ‘If God is dead, everything is prohibited’, responds Lacan. ‘I think, therefore I am’, reasons Descartes. ‘I am where I do not think’, concludes Lacan. What are we to make of Lacan’s inversions of these mottos? And what are the implications for the legal system if we take them seriously? This book puts the legal subject on the couch and explores the incestuous relationship between law and desire, enjoyment and transgression, freedom and subjection, ethics and atheism. The process of analysis problematizes fundamental tenets of the legal system, leading the patient to rethink long-held beliefs: terms like ‘guilt’ and ‘innocence’, ‘truth’ and ‘lies’, ‘reason’ and ‘reality’, ‘freedom’ and ‘responsibility’, ‘cause’ and ‘punishment’, acquire new and surprising meanings. By the end of these sessions, the patient is left wondering, along with Freud her analyst, whether ‘it is not psychology that deserves the mockery but the procedure of judicial enquiry’. A unique study on the nexus of Law and Psychoanalysis, this book will interest students and scholars of both subjects, as well as general readers looking to explore this perverse and fascinating relationship.
Law Reform in Developing and Transitional States
by Tim LindseyLaw reform in developing countries has become an increasingly topical subject in recent years. A critical issue is why so many law reform projects in developing economies are regarded by their sponsors and recipients as unsuccessful. This informative book: examines examples of law reform projects in post-socialist and post-authoritarian states in Asia identifies common problems proposes analytical frameworks for understanding the problems identified. Though parallels between Asian models and those in developing states elsewhere in the world are strong, the book has been developed to avoid suggestion that the issues covered are somehow peculiarly ‘Asian’- indeed, it is shown that cultural relativist approaches to Asia are unsustainable. This is an invaluable reference for those involved in the areas of development economics, Asian studies and comparative politics.
Law, Rights and Ideology in Russia
by Bill BowringLaw, Rights and Ideology in Russia: Landmarks in the destiny of a great power brings into sharp focus several key episodes in Russia’s vividly ideological engagement with law and rights. Drawing on 30 years of experience of consultancy and teaching in many regions of Russia and on library research in Russian-language texts, Bill Bowring provides unique insights into people, events and ideas. The book starts with the surprising role of the Scottish Enlightenment in the origins of law as an academic discipline in Russia in the eighteenth century. The Great Reforms of Tsar Aleksandr II, abolishing serfdom in 1861 and introducing jury trial in 1864, are then examined and debated as genuine reforms or the response to a revolutionary situation. A new interpretation of the life and work of the Soviet legal theorist Yevgeniy Pashukanis leads to an analysis of the conflicted attitude of the USSR to international law and human rights, especially the right of peoples to self-determination. The complex history of autonomy in Tsarist and Soviet Russia is considered, alongside the collapse of the USSR in 1991. An examination of Russia’s plunge into the European human rights system under Yeltsin is followed by the history of the death penalty in Russia. Finally, the secrets of the ideology of ‘sovereignty’ in the Putin era and their impact on law and rights are revealed. Throughout, the constant theme is the centuries long hegemonic struggle between Westernisers and Slavophiles, against the backdrop of the Messianism that proclaimed Russia to be the Third Rome, was revived in the mission of Soviet Russia to change the world and which has echoes in contemporary Eurasianism and the ideology of sovereignty.
Laws of Inheritance
by Elizabeth BrodersenInstilled in interdisciplinary cross-cultural perspectives of mythical, socio-economic, literary, pedagogic and psychoanalytic representations, two archetypal, creative inheritance laws interact as ‘twins’: Eros (fusion/containment/safety) and Thanatos (division/separation/risk). Hypothesising these ‘twin’ laws as matrilineal (Eros) and patrilineal (Thanatos), this book explores why cross-cultural forms, including gender traits, are not fixed but are instead influenced by earlier flexible matrilineal forms. Through a study of ‘twins’ on macro and micro levels, Elizabeth Brodersen argues that a psychological ‘twin’ dilemma is implicit in inheritance laws and offers a unique forum to show how each law competes for primacy as the ‘first’ and ‘other’. Chapters begin by looking at ‘twins’ in creation myths and the historical background to the laws of inheritance, as well as literary representations. The book then moves on to the developmental structures imbued in twin research and educational systems to explore how past cultural forms have been re-defined to fit a modern landscape and the subsequent movement away from the importance of patrilineal primogeniture. Laws of Inheritance will be of key value to academics, researchers and postgraduate students in the fields of psychoanalysis, psychotherapy, archetypal theory, cross-cultural depth psychology, cultural anthropology, sociology, gender studies and twin research. The book will also be of interest to practicing psychoanalysts and psychotherapists.
Lawyers and Savages
by Kaius TuoriLegal primitivism was a complex phenomenon that combined the study of early European legal traditions with studies of the legal customs of indigenous peoples. Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology explores the rise and fall of legal primitivism, and its connection to the colonial encounter. Through examples such as blood feuds, communalism, ordeals, ritual formalism and polygamy, this book traces the intellectual revolution of legal anthropology and demonstrates how this scholarship had a clear impact in legitimating the colonial experience. Detailing how legal realism drew on anthropology in order to help counter the hypothetical constructs of legal formalism, this book also shows how, despite their explicit rejection, the central themes of primitive law continue to influence current ideas – about indigenous legal systems, but also of the place and role of law in development. Written in an engaging style and rich in examples from history and literature, this book will be invaluable to those with interests in legal realism, legal history or legal anthropology.
Lawyers and the Construction of Transnational Justice
by Yves Dezalay and Bryant G GarthFirst Published in 2012. Routledge is an imprint of Taylor & Francis, an informa company.
Leaders and Intelligence
by Michael I. HandelFrom a systematic point of view, all intelligence work can be studied on three levels: Acquisition, analysis, and acceptance. The author focuses on the third of these levels, studying the attitudes and behavioural patterns developed by leaders during their political careers, their willingness to consider information and ideas contrary to their own, their ability to admit mistakes and change course in the implementation of a failing policy and their capacity to cooperate.
Leadership and Policy Innovation - From Clinton to Bush
by Joseph R. CeramiThroughout the Cold War there were longstanding efforts to control the spread of Weapons of Mass Destruction (WMD) through extensive arms control, deterrence, and defense programs. Since then counterproliferation efforts by the U.S. and international community have accelerated. Given the attention to counterproliferation in the last decade, how effective was the leadership provided by President Clinton and his Secretaries of Defense, Aspin, Perry and Cohen, in providing innovative and effective policies for countering the proliferation of WMD? Comparing the cases of U.S.-North Korea Agreed Framework, the Nunn-Lugar Cooperative Threat Reduction Program and U.S. and U.N. efforts in Iraq under Saddam Hussein, Joseph R. Cerami examines patterns of organizational leadership and policy innovation in the development and implementation of WMD policy initiatives. Rather than criticize the framework of American and international political institutions, this leadership perspective draws important insights on the capabilities of institutions to further U.S. and international goals and objectives in security policymaking. In doing so, the book argues that the U.S.’s role and the roles of its internal government agencies are most significant in international affairs. Smartly and appealingly positioned at the intersection of theory and practice, Cerami’s book crafts a new perspective in international relations and public administration offering great potential for understanding as well as designing policy innovations to counter the proliferation of WMD in the 21st century.
Leadership Challenges in High Schools
by W. Norton GrubbPrincipals are responsible for an increasing range of duties in an era of school reform, standardized testing, and more. These responsibilities are even greater in high schools, which are many times larger and more complex than elementary and middle schools. Yet little has been written on the special challenges of high schools and their leadership. This book fills the gap by exploring the challenges specific to high schools, including their size and complexity, the special difficulties in improving instruction, the crucial role of high schools for students' futures, adolescent behavioral issues, and many more. Grubb shows how principals and other leaders can address the complexities of multiple pathways, or efforts to create theme-based trajectories through high school - one of the most promising high school reforms. Looking to the future, he offers alternative ways of preparing professionals for high schools, and the responsibilities of districts for improving high schools and their leadership.
Leadership Connectors
by La Vern Burmeister and Phyllis HensleyThis book will help you connect with your faculty and staff and develop the relationships necessary for student success. With practical examples and specific strategies, it will help you thrive as an effective school leader. It will help you communicate better, bring out the best in your staff, and build strong relationships in your schools.
Leadership Team Coaching
by Peter HawkinsOrganizations are most effective when the teams responsible for their success work together collectively and in a dynamic relationship with the rest of the company. For those involved in developing leadership teams, understanding coaching practices and techniques is essential for enabling the best performance.Leadership Team Coaching provides a comprehensive roadmap for team coaching, explaining all the key elements alongside practical tools and techniques for developing international and virtual teams, executive and non-executive boards and project and account teams in all types of organizations. Featuring case studies and insights from organizations including Deloitte and General Electric (GE), it also contains guidance on choosing the best team coach, creating a team-based culture and common pitfalls to avoid.This fully updated fourth edition of Leadership Team Coaching contains new material on agile teaming, using digital team coaching apps and AI, and training team leaders to coach their own team. It remains an indispensable resource for coaches and senior leaders as well as for those studying coaching as part of a degree or coaching qualification.
Leadership Team Coaching in Practice
by Peter HawkinsA high-performing and cohesive leadership team is essential for organizational success. Leadership Team Coaching in Practice provides an overview of the tools and techniques for coaching leadership teams and shows how these approaches have been applied around the world in a variety of team types and industries.Featuring expert contributions from chief executives, team coaches, team leaders and consultants in organizations including Comair and the UK National Health Service (NHS), this practical guide illustrates best practice tailored to the needs of each organization. The new and updated third edition of Leadership Team Coaching in Practice incorporates the latest research and thinking in the field, including new material on developing the personal core capacities for systemic team coaching.Alongside updates to case studies to offer a long-term view of interventions, the third edition contains new case studies including team coaching in Toyota through a period of transformation. There is a new medley chapter of short case stories that address some of the regularly asked questions by new team coaches and new material that explores ways of creating a teaming and 'team of teams' culture. This book remains an essential resource for executive and team coaches, CEOs, team leaders, organizational development consultants, and those studying coaching as part of a degree or coaching qualification.