法　学 — 全 下位分類

This authoritative one-stop resource helps readers understand the problem of sexual assault in the USA, including societal factors, notorious cases, laws and practices, victim advocacy and reform efforts, and keys to recovery.

It discusses who is being victimized, who is perpetrating the offenses, and what can be done (and is being done) to reduce rape, sexual assault, and sexual harassment in homes and communities across America. The volume also explores the role that investigative shortcomings and rape culture have played in facilitating sexual assault and abuse, and how shifts in attitude and policy could combat this devastating crime.

The fourth edition of this acclaimed textbook addresses the developments in English contract law since the last edition, including the impact of the withdrawal of the UK from the European Union, and new case law on the role of good faith, the doctrine of consideration, rectification of written contracts for mistake, economic duress, illegality, contractual interpretation, and damages for breach of contract.

The book introduces the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer - whether student or practitioner - from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, it is also useful for the English law student: setting English contract law generally in the context of other European and international approaches, the book forms an introductory text, not only demonstrating how English contract law works but also giving a glimpse of different ways of thinking about some of the fundamental rules of contract law from a civil law perspective.

After a general introduction to the common law system - how a common lawyer reasons and finds the law - the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.

In her groundbreaking ethnography The Asian Gang, published in 2000, Claire Alexander explored the creation of Asian Muslim masculinities in South London. Set against the backdrop of the moral panic over 'Asian gangs' in the mid-1990s, and based on 5 years of ethnographic fieldwork, the book explored the idea of 'the gang', friendships, and the role of 'brothers' in the formation, performance and negotiation of ethnic, religious and gendered identities.

The Asian Gang Revisited picks up the story of 'the Asian gang' over the subsequent two decades, examining the changing identities of the original participants as they transition into adulthood in the context of increased public and political concerns over Muslim masculinities, spanning the War on Terror, 'grooming gangs' and increased Islamophobia. Building on her ongoing relationships with the men over 25 years, the book explores education, employment, friendship, marriage and fatherhood, and religious identity, and examines both the changes and the continuities that have shaped this group. It traces the lives of its participants from their teenage years through to their early-mid 40s. A unique longitudinal study of this small, diverse but still close cohort of men, the book offers an intimate, rich and textured account of what it means to be a Muslim man in contemporary Britain.

Each entry in this essential collection of primary resources on capital punishment features an authoritative introduction and analysis that helps provide crucial context for understanding the evolution of law and public attitudes toward the death penalty in America, from colonial times to the present.

Showcasing key primary documents that illuminate the ongoing debate and turbulent history of capital punishment in the United States, this collection gathers a wide range of fascinating and momentous documents, including court decisions and transcripts, legislation, personal accounts and perspectives, congressional testimony, and government documents. Since these documents reflect all political perspectives and messaging, students will gain valuable insight into the evolution of public opinion and government policy on the death penalty in America.

To better understand these documents, each primary source is prefaced with an introduction and followed by scholarly analysis. These documents and accompanying analysis complement one another, helping students gain a better and more accurate understanding of the viewpoints, convictions, and perspectives that have shaped American attitudes and practices toward capital punishment since the United States' earliest days.

Higher Education and the Carceral State: Transforming Together explores the diversity of ways in which university faculty and students are intervening in the system of mass incarceration through the development of transformative arts and educational programs for students in correctional institutions.

Demonstrating the ways that higher education can intervene in and disrupt the deeply traumatic experience of incarceration and shift the embedded social-emotional cycles that lead to recidivism, this book is both inspiration and guide for those seeking to create and sustain programs as well as to educate students about the types of programs universities bring to prisons.

From arts workshops and educational courses to degree-granting programs, individuals and communities across multiple disciplines in higher education are actively breaking the cycle of shame and division in mass incarceration through direct engagement. This book explores the inspiring, innovative, and changemaking initiatives in carceral spaces - from arts workshops and educational courses to degree granting programs - through the lens of faculty, artists, scholars, students, and administrators. Readers will learn the diverse ways in which these interventions and partnerships can take shape and the life changing impacts that they have on all those involved, in particular students who are incarcerated. The book includes authors with lived experience of incarceration throughout.

Section I highlights the voices of students who are currently or formerly incarcerated, while Section II addresses diverse collaborations through and across systems of corrections and education. Section III features the voices of teaching artists, while Section IV includes those that start and lead these programs, offering roadmaps for others interested in engaging in this transformative work.

What is the nature of EU's authority? This fascinating book explores this question, and is much needed given the increased scrutiny of the EU's actions in the face of growing nationalism and various other internal and external challenges.

By setting out an original account of the preferred moral standard to evaluate such authority, ie demoicratic authority, it illustrates how that standard affects the practical reasoning of those subject to the EU's authority. Theoretically significant, the book also has important practical value as legitimacy challenges in the EU increase. Constitutional lawyers and theorists, as well as political scientists will welcome this innovative new work.

This classic textbook provides a thorough overview of European private international law. It is essential reading for both practitioners and students of private international law and transnational litigation, wherever they may be located: the European rules extend beyond European shores.

Opening with foundational questions, the book clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore private international law and insolvency, freedom of establishment, and the impact of private international law on corporate social responsibility. The relevant Hague instruments, and the impact of Brexit, are fully integrated in the various chapters.

Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.

This book analyses the history of the common law foundations of consumer law, and encourages readers to rethink the role that consumer law plays in our society.

Consumer law is often constructed as purely statute-based law. However - as this collection will demonstrate - this is far from the truth. Much of the history of the common law concerns consumer transactions and markets. Case law has often established or modified the ground rules of consumer markets, has had a patterning effect on the economic organisation of markets, and has expressed cultural visions of the market and consumers. An analysis of landmark cases of consumer law allows many traditional cases to be viewed through a new and distinct lens, providing significant academic and intellectual value.

The collection also includes a unique socio-legal perspective, considering the role that consumer law has played in addressing racial discrimination, LGBTQ challenges and the rights of women.

This collection of landmark cases demonstrates the theoretical and practical significance of consumer law through a wide range of contributions by distinguished authors from the United Kingdom, Europe, the United States and Australia.

This ambitious book grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field.

Responding to the subject's critics, it presents a clearly articulated structure for this branch of private law, arguing that while unjust enrichment has the function of reversing defective enrichments (whether by performance or in another way) there is scope for normative pluralism in how the law achieves this.

Drawing heavily on comparative material from Germany, Scotland and South Africa the book then argues for a legal framework which combines elements of the absence of basis and unjust factors approaches. It assesses how that structure can be mapped against the causes of action that make up unjust enrichment, arguing that some are performance claims - reversing a deliberate, intentional performance - and some are non-performance claims. Other claims, often included in books on unjust enrichment, such as "necessity" should be excluded from the subject area. The book concludes with a treatment of defences.

This book provides practical and comprehensive guidance for national practising lawyers (judges and litigation attorneys) on the application of EU/EEA law before national courts.

It describes the essential rules regarding the application of EU/EEA law before national judicial instances and structures them systematically, in order to enable national judges and litigation attorneys to comprehend the main standards. In short, the book is about legal norms that would fall under the category of civil and administrative procedural law in a national legal order. These rules, developed by the ECJ and the EFTA Court, govern when and how national judges should apply EU/EEA law in national proceedings.

The book is divided into six chapters, each dealing with a specific topic. For pragmatic purposes, the structure of the chapters is uniform and each chapter can be read individually. As the norms have been developed by the ECJ/EFTA court and consist, mainly, of case law principles, the topics are presented based on thorough analysis of the judgments rendered by those courts.

The book's unique practical focus makes a great addition to the library of any national lawyer and EU law expert.

This book provides an overview of male violence against women and the failure of the legal system.

Male violence against women is pervasive. From the bedroom to the boardroom; from the home to the hospital; from the court to the care home, women are subject to male violence. The legal response to this is weak. The violence is either invisible or downplayed. This book explains why and how the law can do better.

It explores how violence in different settings reinforces and magnifies the abuse in others. Too often violence against women is considered in silos (sexual assault; domestic abuse; street harassment, etc.). The book argues that they must be seen on a continuum. It brings out the common themes, but also the subtle differences in context between the scenes of violence. In doing so it argues that we cannot understand an incident of male violence against women without understanding the broader context within which that takes place. The book claims that the legal response to male violence against women downplays the severity of the harm or even fails to recognise it.

This is a must-read for those interested in criminal law, gender politics, and feminist approaches to law. It is only when the true nature of the problem is grasped that the law can start to provide an effective response to it. This book shows how a better and more effective law can be found.

Analyzing sex-offense laws and false claims, this book shows that laws based on vengeance rather than justice or evidence create new forms of harm while failing to address the real and pervasive problem of sexual violence.

In this timely and extensively researched book, sociologist Emily Horowitz shows how current sex-offense policies in the United States create new forms of harm and prevent those who have caused harm from the process of constructive repentance or contributing to society after punishment. Horowitz also illustrates the failure of criminal justice responses to social problems. Sharing detailed narratives from the experiences of those on registries and their loved ones, Horowitz reveals the social impact and cycle of violence that results from dehumanizing and banishing those who have already been held accountable.

From Rage to Reason offers a new perspective on how and why false claims about sex offenses became so pervasive and how these myths fostered ineffective policies that have little to do with the reality of most sexual abuse. It argues that to truly prevent sexual abuse, we must unearth the sources of these misunderstandings, debunk these claims in a systematic way, and have frank and genuine discussions about the limits of legal responses to complex social problems.

This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields.

The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.