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This timely book unpacks the idea of ‘disaster’ from a variety of approaches, broadening understanding and improving the usability of this complex and often contested concept. Including multidisciplinary perspectives from leading and emerging scholars, it offers reflections on how the concept of disaster has been shaped by and within various fields of research, providing complementary and thought-provoking comparisons across many domains.
This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.
Critical theory, characteristically linked with the politics of theoretical engagement, covers the manifold of the connections between theory and praxis. This thought-provoking Research Handbook captures the broad range of those connections as far as legal thought is concerned and retains an emphasis both on the politics of theory, and on the notion of theoretical engagement. The first part examines the question of definition and tracks the origins and development of critical legal theory along its European and North American trajectories. The second part looks at the thematic connections between the development of legal theory and other currents of critical thought such as; Feminism, Marxism, Critical Race Theory, varieties of post-modernism, as well as the various ‘turns’ (ethical, aesthetic, political) of critical legal theory. The third and final part explores particular fields of law, addressing the question how the field has been shaped by critical legal theory, or what critical approaches reveal about the field, with the clear focus on opportunities for social transformation.
Presenting diverse understandings of the origins and development of social welfare law, this globally informed Research Handbook embraces the inherent contradictions and complexities within the field. It emphasises the importance of ethical research and inclusivity and recognises the value of historical and contemporary methodologies.
Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book revisits older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future?
This unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognised legal status. Charting the direction of the animal-human relationship for future generations, it explores the core concepts of property law to demonstrate how change is possible for domestic animals. As an ethical context for future developments the concept of a ‘right of place’ is proposed and developed.
Even though legal aid is available for people seeking asylum, there is uneven access to advice across Britain. Based on empirical research, this book offers fresh thinking on what has gone wrong in the legal aid market. It presents a rare picture of the barristers, solicitors and caseworkers practising immigration law in charities and private firms. In doing so, this book examines supply and demand and illuminates what constitutes high-quality legal aid work/provision, subsequent conflicts with financial rationality and how practitioners resolve these issues. Challenging existing legal aid policy, this book presents innovative insights to ensure public service markets around the globe function well for all those involved.
This Research Handbook offers unparalleled insights into the large-scale resurgence of interest in Marx and Marxism in recent years, with contributions devoted specifically to Marxist critiques of law, rights, and the state.
The topical chapters in this cutting-edge collection at the intersection of comparative law and anthropology explore the mutually enriching insights and outlooks of the two fields. Comparative Law and Anthropology adopts a foundational approach to social and cultural issues and their resolution, rather than relying on unified paradigms of research or unified objects of study. Taken together, the contributions extend long-developing trends from legal anthropology to an anthropology of law and from externally imposed to internally generated interpretations of norms and processes of legal significance within particular cultures. The book's expansive conceptualization of comparative law encompasses not only its traditional geographical orientation, but also historical and jurisprudential dimensions. It is also noteworthy in blending the expertise of long-established, acclaimed scholars with new voices from a range of disciplines and backgrounds.
Should digital platforms be responsible for intimate images posted without the subject’s consent? Could the viewers of such images be liable simply for viewing them? This book answers these questions in the affirmative, while considering the social, legal and technological features of unauthorized dissemination of intimate images, or ‘revenge porn’. In doing so, it asks fundamental socio-legal questions about responsibility, causation and apportionment, as well as conceptualizing private information as property. With a focus on private law theory, the book defines the appropriate scope of liability of platforms and viewers while critiquing both EU and US solutions to the problem. Through its analysis, the book develops a new theory of egalitarian digital privacy.