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Illegality and Public Policy
A discussion of the powers of attorney, this ninth edition is published to take account of important changes introduced by the Trusts of Land and Trustee Delegation Acts. Precedents and clauses are included
Illegality After Patel V Mirza
"These essays on the Supreme Court's decision in Patel v Mirza (2016), which has revolutionised the law on illegality by replacing the previous "rule-based" approach by a "factors-based" one, were first presented at a conference in May 2017."
The Illegality Defence
This Consultation Paper gives provisional recommendations on whether a claimant who has been involved in illegal conduct should be entitled to enforce a claim in contract, unjust enrichment, trusts and tort. It follows earlier consultation papers on illegality in contacts and trusts (LCCP 154, 1999, 9780117302396) and the illegality defence in tort (LCCP 160, 2001, ISBN 9780117302457). How should the law respond if a claimant has been involved in some form of illegal conduct? Should this prevent the claimant winning his or her claim? It is difficult to set out hard and fast rules as the illegality defence may be used against claimants in such a wide variety of contexts. The courts have attem...
Norms and Illegality
Norms and Illegality: Intimate Ethnographies and Politics explores liminal and illegal practices in relation to political control and cultural normativity. The contributors draw on years of ethnographic experiences in Greece, Guatemala, Hong Kong, Italy, Madagascar, Mali, Philippines, and Thailand to study the contradictions of what is legal and illegal. They explore the production of illegal subjects by the state, the creation of illegal and normative values by liminal and illegal actors, and the mutual entanglements of legal and illegal in the public domains of markets and trade networks. This volume shows that criminalization policies are not necessarily oriented toward erasing crime. Ins...
Jurisdiction and Illegality
This book deals with the consequences of an illegal exercise of powers invested in courts, tribunals, and administrative bodies. Such illegality occurs where the authorized body either errs in interpreting the relative law, or employs an irregular procedure, or exceeds its jurisdiction altogether. Some of the questions involved are: when is the resulting decision a nullity and when is it valid though, possibly, liable to be set aside? Is the aggrieved person entitled to resist enforcement of the decision or to claim damages for the loss caused by such enforcement? What distinguishes total absence of jurisdiction from a merely erroneous exercise of jursidiction?
Illegal Transactions
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Negligence and Illegality
This book examines claims in negligence arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterised by confusing and contradictory case law. The book analyses the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties. The book argues that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. It develops the work of Ernest Weinribian corrective justice theorists to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application.
Illegality, Inc.
"In this groundbreaking ethnography, Ruben Andersson, a gifted journalist and anthropologist, travels with a group of African migrants from Senegal and Mali to the Spanish North African enclaves of Ceuta and Melilla. Through the voices of his informants themselves, Anderson explores, viscerally and emphatically, how migration meets and interacts with its target--the clandestine migrant. This vivid, rich work examines the subterranean migration flow from Africa to Europe, and shifts the focus from the concept of "illegal immigrants" to an exploration of suffering and resilience. This fascinating and accessible book is a must-read for anyone interested in the politics of international migration and the changing texture of global culture"--
Constructing Immigrant 'Illegality'
This collection examines how immigration law shapes immigrant illegality, the concept of immigrant illegality, and how its power is wielded and resisted.
Illegal Transactions
Concerned with the area of illegal transactions, this text addresses practical issues, for example: who can raise the issue of illegality?; must illegality be pleaded? And when can a party recover money or property transferred pursuant to an illegal transaction? Divided into three main sections the text: deals with illegality as a defence to claims in various departments of the civil law; and examines the forfeiture rule as a tool which one party could compel another to disgorge profits which the other has acquired or would otherwise acquire from his illegal conduct. The third section of the text discusses the circumstances when, by way of exception, the court will enforce the claim of a person even though that person has been guilty of an illegality. Overall the text provides an account of the illegalities in civil law and a critical analysis of the current rules, with suggestions for reform.
