法　学 — 全 下位分類

Drawing on expertise from across the worlds of the judiciary, the bar, and legal academia, this book provides fascinating insights into the role of a key Member State and how its legal influence informs the wider Union's development.

This collection sheds light on the Italian influence on European law by examining the judicial biographies of Italian judges and advocates general during almost five decades of the European Union. It explores the national ties of judges and advocates general to their Member States, to better understand the continuous relationship between the members of the EU judiciary and their Member States' governments and how they practise the principle of judicial independence, a central pillar of the ECJ's rule of law jurisprudence.

This open access book unveils Hong Kong's pivotal role in the realm of international economic law.

Unique to this book is its focus on the interplay between Hong Kong's historical roots and institutional contexts, integrated into its exploration of unilateral, bilateral, and multilateral economic approaches. What sets this book apart is its in-depth treatment of Hong Kong's distinct position as China's Special Administrative Region. It showcases the balance the territory maintains: the autonomy it enjoys, its own robust legal and economic systems, all while being intertwined with broader global interests. Hong Kong's position as China's economic gateway, coupled with its adaptability amidst technological evolutions and international tensions, positions it uniquely in the global economic arena. With the Asia-Pacific economy's rapid evolution and the Greater Bay Area's development, Hong Kong's role is illuminated as increasingly pivotal.

This book exposes challenges confronting Hong Kong, from political changes to the ramifications of the National Security Law, while emphasising its continued relevance and growing influence. As Hong Kong threads its path in a globalised world, its prowess in international economic law remains a cornerstone of its identity. Will the territory sustain its prominence amidst evolving challenges and global shifts? The answers lie within, and further research awaits as we track its unfolding narrative.

Specifically tailored for academics, diplomats, and researchers in international law, relations, economics and finance, this book offers a vital perspective. Anyone with a vested interest in international economic law and policy will find this comprehensive exploration invaluable.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

This book is the leading reference on Thai private international law in English. The chapters systematically cover the whole of Thai private international law including commercial matters, family law, succession, electronic commerce, intellectual property, competition (antitrust), and environmental disputes.

In addition to covering the traditional conflict of law areas of jurisdiction, applicable law (choice of law) and enforcement, the chapters also look into conflict of laws questions arising in arbitration and assess Thailand's involvement in the harmonisation of private international law globally and regionally.

Similarly to the other volumes in the Studies in Private International Law - Asia series, this book presents the Thai conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.

This book presents an analysis of the male supremacist ideology of the internet-based subculture known as the manosphere and examines the process of radicalization to violent extremism that occurs within the group. The manosphere is the online subculture comprised of several distinct groups who share a basic gender ideology that is misogynistic and anti-feminist in the extreme. The manosphere celebrates a toxic hegemonic masculinity that encourages sexual violence and portrays violence as an understandable response to a feminized culture that denigrates manhood. Evidence has shown that several recent cases of murder, mass murder, and rape involved offenders who participated in this subculture prior to engaging in their crimes. Through the use of quotes gathered directly from the websites and message boards frequented by individuals within the subculture, this book offers an in-depth analysis of the ideology of the manosphere, and the common attitudes, values, and beliefs promoted within the various groups that comprise the subculture. It also presents a theoretical perspective that may shed light on what draws men to these groups and the processes by which they become radicalized to the far right and violent extremism. This book will be of interest to scholars and students in criminology, sociology, and political science, and others interested in examining the manifestation and effects of the manosphere on crime and criminal justice.

This book investigates corruption and anti-corruption efforts in Africa, emphasising the regional and thematic differences across the continent, whilst also exploring key patterns and trends.

Combatting the ethnocentrism of Western corruption research, this book highlights the importance of a home-generated and contextualised approach to understanding corruption in Africa. Bringing together a rich array of qualitative, quantitative, and mixed methods research, the book considers how corruption manifests in a range of selected countries across the political, economic, and social spheres. The book adopts a strong comparative approach, exploring patterns, dynamics, and mechanisms in African societies. It assesses the historical underpinnings of corruption, emerging trends, and socio-economic realities before suggesting realistic contemporary solutions to the challenges of corruption in Africa. Bringing together academics and practitioners, readers will encounter intellectual discussion face-to-face with realities on the ground.

As such, the book will be useful for scholars, politicians, public officials, and civil society organizations, as well as for students and researchers across the fields of political science, public administration, economy and corruption studies.

Offering a range of theoretical and conceptual ideas as well as practical examples, this book provides a detailed insight into holistic opportunities for promoting desistance, reducing reoffending, and supporting (re)settlement and (re)integration.

Providing a fresh lens through which to view existing debates within desistance and (re)settlement literature, the book encourages different perspectives and a new framing of current approaches. To this purpose, each chapter considers what embedding a person-centered holistic approach within the criminal justice system might look like, including ways of working within the confines of current processes, potential ethical considerations and how to maximize the potential impact to reduce reoffending.

Interdisciplinary in approach, Holistic Responses to Reducing Reoffending will appeal to students, scholars, practitioners and policymakers within criminology, criminal justice, penology and prison studies.

This book contributes to the study of collective memory and the sociology of terrorism by analysing the role of memorialization in relation to terrorism, its victims, and the broader society. While various social scientists have extensively theorized and analysed how trauma and memory interact, grow apart, and reinforce each other, this book puts the rights and needs of the victims centre-stage.

Departing from the prescriptive, legal blueprints of memory, this book introduces the concept of 'memorial needs' to challenge and complement existing victimological frameworks. It critically assesses the efficacy of public memorialization and its success in assisting those affected by violence by exploring how victims engage with memory and memorialization. It investigates personal and collective responses to urban terrorism in Europe that have taken a wide range of forms including media coverage, spontaneous memorials and public mobilizations, literary and artistic works, trials, and controversial counter-terrorism measures. Making a case against the fetishization of memory as an overarching answer to curing visible and invisible wounds provoked by violence, Victims and Memory After Terrorism sends out a practical invitation to the field to 'repair symbolic reparations' in a way that memorialisation is not just an expression of potential, an aspiration for a more moral and just society and a promise of healing for the victimised.

An accessible and compelling read, this book will appeal to students and scholars of victimology, criminology, sociology, politics and those interested in the relationship between collective memory and terrorism.

The Legacy of 9/11 is a retrospective about how policing, intelligence, and counter-terrorism have changed in the more than twenty years since the September 11, 2001 terrorist attacks.

Bringing together scholars and practitioners, the book takes an interdisciplinary approach with fields including history, international relations, intelligence studies, law, and political science. It highlights how some challenges in policing, intelligence, and counter-terrorism brought about by the attacks have been resolved, how some persist and how others have been transformed. The chapters explore state and non-state actors' actions, reactions, and overreactions that shape contemporary aspects of policing, intelligence, and terrorism. In all three worlds, intelligence, policing, and counter-terrorism, the 9/11 attacks changed how the threat of terrorism is perceived, approached, and effectively countered by learning from the mistakes that led to the success of the attacks and initiating a process on the national and international levels of integrating security structures and implementing changes that have made 9/11 the last large scale terrorist strike on U.S. soil. To illustrate these accomplishments and to highlight future challenges, the volume examines the inextricably connected elements of policing and intelligence in counter-terrorism as well as how counter-terrorism practitioners and jihadists were transformed by one day of attacks, more than twenty years ago.

The chapters in this book were originally published as a special issue of Journal of Policing, Intelligence and Counter Terrorism.

This book demonstrates how culture matters for the understanding of cannabis use. It stems from the growing body of research on how users manoeuvre stigmatisation and celebrate the subcultural status of cannabis amid rapid transformation of the substance and its societal reception. The volume presents international studies that challenge the normalisation thesis and simplified views on patterns of use, as well as the Western bias in social research of cannabis.

Chapters in this book map the variability of cannabis cultures and markets on a global scale including digital, regulated and illicit markets in transformation. They study cannabis through stigmatisation, gender, social worlds, symbolic boundaries, subcultures, and identity work. The chapters address diverse themes, such as how Latvian, Polish, Nigerian or Mexican users negotiate mainstream conservative, and sometimes gendered societal reactions to cannabis - and how Nordic users' identities are played out in more progressive contexts. Chapters also cover cannabis use by older people and small growers' cultures in the US and the interconnections between the established cultures and their digital augmentation in Australia. Synthetic cannabis use is studied in New Zealand and the many contradictions of contemporary cannabis policies are highlighted throughout.

Taken together, this book offers an assortment of studies that provide a descriptive and conceptual snapshot of ongoing transitions of paradoxically stable cannabis cultures. It was originally published as a special issue of Drugs: Education, Prevention and Policy.

Recent financial crisis and the global financial impacts of the COVID-19 pandemic have brought renewed interest to the regulation and practice of corporate insolvency and restructuring.

Modernisation of the insolvency profession, and the regulation of its practitioners, is a contemporary concern and recent years have seen significant reforms of insolvency law. The success of such reforms can be enhanced through a clear understanding of difficulties faced by the insolvency profession in achieving successful restructuring and insolvency outcomes and through the determination of effective solutions to those difficulties. However, there is limited empirical data to inform the day-to-day practice of insolvency, nor the difficulties experienced by insolvency practitioners in pursing insolvency and restructuring solutions. This book addresses this absence of data and understanding, examining the role and practice of corporate insolvency practitioners and exploring the challenges that they encounter.

Offering an empirical study together with a comparative analysis of the experiences of practitioners around the world, this book facilitates a greater understanding of corporate insolvency practice, confronting a misunderstanding of, and under-confidence in, corporate insolvency practitioners, making it key reading for academics, practitioners and regulators working in the area of corporate insolvency.

Banking Law and Financial Regulation in the UK and EU seeks to blend orthodox topics covered within the banking and financial law syllabus, such as sources of banking and financial law, financial markets, financial and banking institutions, financial transactions, and banking and financial insolvency, with a careful analysis of emerging issues and more contemporary topics.

This advanced-level textbook offers a new format for the study of banking and financial law, placing it within the wider context of economic development. As such, two elements are integral to this new methodology: the rise of techno-banking and digitalisation of the financial sector, and Brexit. Departing from the approaches of more traditional textbooks in this area, the book also takes a comparative approach to UK and EU banking law, highlighting the legal consequences of the UK's exit from the EU. Aspects of human rights are integrated throughout and current debates and developments around financial crises - the advancement of technological innovations in the banking sector and contemporary topics, such as health crises, energy, and ESG and the environment - is taken into account to provide the reader with the opportunity to develop their own autonomous and broader understanding of the various concepts.

Banking Law and Financial Regulation in the UK and EU will be a valuable text for students taking advanced undergraduate and postgraduate-level courses in banking law and financial law, as well as practising lawyers, managers and accountants.

This book investigates the implementation of disability rights and duties in the European Union, aiming to understand its functioning and explore ways forward through a critical analysis of the Convention on the Rights of Persons with Disabilities (CRPD) within the context of international regulation. Along the lines of the integration of fundamental rights within the common market, the EU has indeed progressively adopted meaningful regulation to advance disability rights, which are now essentially shaped by the CRPD. The research considers the interaction between law and policy at the international, EU and Member States' level, focusing on three essential elements, including the sources of disability law, institutional mechanisms and substantive regulation. Grounded in the distinction between primary rules on law-making and secondary norms on enforcement, the analysis unfolds against the background of the 'twin' transitions on sustainability and digitalisation and encompasses the Council of Europe system, particularly in the light of the foreseeable accession of the EU to the European Convention on Human Rights. Arguably, following the progressive development it has facilitated in other regulatory areas, the Court of Justice of the European Union can provide a decisive contribution to advancing inclusiveness for people with disabilities in the Union.

The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in EU and international disability law and politics.

This book offers an analysis of the contemporary significance of the practice of Lender of Last Resort (LOLR) in Pakistan. Aiming to identify deficiencies in current financial system legislation, the book details the role of LOLR and its essential presence in establishing a resilient banking and financial system.

Beginning with an assessment of the emergence of Central Banks as domestic financial regulators, the book draws from the principles of Walter Bagehot and Henry Thornton for LOLR rescue operations. Examining the International Monetary Fund's (IMF) role as an international lender of last resort and scrutinising its rescue efforts, the book uses case studies of the Central Banks in the United Kingdom and the United States to suggest reforms for Pakistan's system. It explores the causes of financial crises and evaluates the factors that have made LOLR an integral part of Central Banks' responsibilities. It compares LOLR operations in the cases of AIG and Lehman Brothers in the United States and Northern Rock in the United Kingdom, comparing these two cases in Pakistan to pinpoint key gaps in the State Bank of Pakistan's LOLR operations. Furthermore, it discusses the Basel Accord I, II, and III: the key international regulations for the banking sector.

The book will be of interest to scholars and students in the field of financial and banking law.

Combining theoretical and practical information, this book presents a holistic overview of refugee settlement in Australia. It focuses on numerous critical aspects of refugee settlement which play a vital role in refugee integration into Australia. Starting with an overview of immigration history in Australia, the book then places an emphasis on 21st-century settlement of refugees.

The chapters explore a gamut of topics including how culture is transmitted in refugee families, how media portrays refugees, and how to work with refugee communities in various contexts, without focusing on one specific refugee cohort/country group. This interdisciplinary angle is presented via the inclusion of voices from interviews with key refugee settlement providers, educators, former refugees, researchers, and second-generation youth from refugee backgrounds. It covers current Australia political debate and politicisation of refugees, digital technologies, the role of language in enabling successful settlement, education trajectories, social cohesion, the fractured diasporic family, and the impact of media coverage, which underpin the settlement of refugees in Australia.

This is an ideal resource for advanced undergraduates, postgraduates, and scholars of refugee settlement in the disciplines of communication, media, politics and international relations, social work, education, and demographic studies, as well as government entities, policy makers, service providers, and NGOs looking to gain an understanding of the factors impacting refugee settlement in Australia.

This book introduces the 'Southern criminology' movement; explores its theoretical, methodological, and philosophical tools; offers analytical accounts on the development of criminological thoughts in marginalised regions; and showcases the cutting edge of criminological research from Southern settings.

Southernising Criminology is structured into three parts. The first part provides theoretical and methodological insights into how criminology can be Southernised, including renowned social scientists who share concerns for the need to reconceptualise the centre, the periphery, and their relations. The second part brings the reader up-to-date with the state of criminological research in different parts of the world and how far this landscape has changed when introducing Southern perspectives. The third part shows first-hand examples of how Southern criminology is done, with its challenges and transformative potential for criminological knowledge. Bringing together contributions from leading scholars working across the five continents and drawing on issues such as state criminality, violent crime, criminal justice practices, and state and non-state punishment, this book offers a critical account of the problems of metropolitan thinking, colonial and imperial power relations, and Western ethnocentric approaches to criminology. It offers a nuanced and grounded reflection on how things are being done differently and why that is important.

An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, politics, and policy makers from around the world who are interested in the field of criminology and are aware of the urgent need for it to be decolonised and democratised.

This book provides the first comprehensive analysis of the principal legal landmarks in the evolution of the law of the established Church of England from the Reformation to the present day.

It explores the foundations of ecclesiastical law and considers its crucial role in the development of the Church of England over the centuries.

The law has often been the site of major political and theological controversies, within and outside the church, including the Reformation itself, the English civil war, the Restoration and rise of religious toleration, the impact of the industrial revolution, the ritualist disputes of the 19th century, and the rise of secularisation in the twentieth. The book examines key statutes, canons, case-law, and other instruments in fields such as church governance and ministry, doctrine and liturgy, rites of passage (from baptism to burial) and church property.

Each chapter studies a broadly 50-year period, analysing it in terms of continuity and change, explaining the laws by reference to politics and theology, and evaluating the significance of the legal landmarks for the development of church law and its place in wider English society.

Do women have equal chances in the judiciary? Although women have made their way into law faculties, in many countries of the world they still face drawbacks in judicial careers. This book delves into the different aspects of women at work in the judicial environment, focusing on judicial appointments, promotions, the glass ceiling and representation in high positions of the judiciary across international settings such as Nigeria, South Africa, Philippines, Turkey, Spain, and Northern Ireland. The contributions go beyond the classical career issues by digging into several questions related to women at work in the judicial environment, such as: Are women accepted by their colleagues and by clients at court - male and female? Do they get the recognition they deserve or is there indecent behaviour and discrimination against them? What about work-life balance? And how do women judges perceive their role?

The book offers valuable insights by questioning and criticising the status quo, paving the way to a gender equal future in the judiciary. A significant new contribution to international scholarship in the field, this book was originally published as a special issue of the International Journal of the Legal Profession.

Japan has faced widespread scrutiny for failing to properly address international parental child abduction involving its citizens. This book examines how and why Japan has come to have this tarnished image, its response, and how it might manage these disputes in the future. In particular, the book explores how Japan engages with international legal frameworks to manage international parental child abduction and what this means, in reality, for Japanese people and others who come under its wide umbrella. A focus of this examination is how the key international treaty, the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, has fared since being introduced in Japan in 2014. Case studies of parental child abduction involving Japan are used throughout to illustrate the legal and social concepts discussed in the book. The struggles of both abducting and left-behind parents across fluid international borders reveal seismic social and philosophical shifts in Japan that continue to shape its legal landscape. This book will be a useful resource for students of Japanese Studies, Sociolegal Studies, Comparative Law and International Law.

This book studies the coordination mechanism of labor relations from the perspective of China's law on employer association.

The first part of the book examines the definition, functions, and institutional basis of employer associations in different types of labor relations, focusing on the complementarity between the law and the coordination mechanism of labor relations in the context of different social environments, institutional frameworks, and their different responses to deregulated labor policies. It then reviews the legislation, responsibilities, and institutional guarantees of employer associations in modern China. The second part outlines the current limitations of legal resources in terms of subject matter, participation mechanisms, and participation channels that constrain the coordination of industrial relations by China's employer associations. The author emphasizes that the systematic legal safeguards of employer associations should be function-oriented and gradually established in a targeted and differentiated manner.

The title will appeal to labor and employment law scholars and legislators, and especially to those interested in the law of employer association.

This handbook explores those occasions when the police are faced with a public, national, or international crisis and are expected to continue to serve. It provides a unique, scholarly, and international overview on policing crises and emergencies, addressing the different contexts and challenges of working in extraordinary circumstances, dealing with unfamiliarity, and working with and alongside other agencies, as well as the significant political and public requirement to return as quickly as possible to normality. Sections include coverage of:

* Policing disasters

* Policing public health emergencies

* Policing political protest

* Policing terror and conflict

* Policing mass violence

* Policing extreme crises and emergencies

Each section is filled with a variety of international case studies examining best practice in the policing context, together with a scene-setting chapter tying together key theoretical and conceptual concepts. It is essential reading for all engaged with professional policing, law enforcement, and public order.

This book is a how-to guide on statistical analyses designed for undergraduates and others new to the subject. It uses a conceptual framework, starting with the most basic concepts of statistics and moving up through the capacity to perform bivariate regression.

Written in an easy-going and clear style, it uses policing data to illustrate concepts. Easily identified Main Take-Aways and Key Terms features aid student understanding. Designed to combat the fear of mathematics and statistics often held by students in the social sciences, plain verbiage, multiple examples, and clear demonstrations combine to achieve the actualization and proper contextualized use of univariate and bivariate statistics. This work also serves as a launching pad for further study in statistics.

As an accessible introduction to statistics in criminal justice and criminology, this text will appeal to both students and instructors in introductory criminal justice and criminology statistics courses.

A thoroughly updated new edition of this successful and influential text, it helps students gain a critical understanding of the key debates shaping the field of company law.

The new edition has been updated to include many substantial developments in company law, specifically the area of board diversity, corporate social responsibility, shareholder control, director remuneration and human rights.

Developing a Security Training Program focuses on how to establish a comprehensive training program for a security department from the ground up. This book highlights formal curriculum development, consistent and continual training, and the organizational benefits including how such security training will be a value-add.

It's long overdue for the industry to revisit old security training models from the past - to both general staff as well as to the dedicated security staff and professionals within organizations - and examine and revamp such with a fresh perspective. Given the current, dynamic environment for businesses - and the threats businesses face - it is important that any such training consider all procedures and policies, and be fully integrated into the company culture. This includes maintaining an eye on budgetary and financial costs while recognizing the need to budget for more training resources to maintain resilience and adaptability to current challenges and future changes to the environment. There is only one way to prepare your staff and that is through comprehensive and consistent training.

Developing a Security Training Program provides the blueprint and tools for professionals to provide ongoing, targeted, and comprehensive security training at a low, budget-friendly cost.

Exploring the reform and regulation of juvenile females in the Victorian and early Edwardian era, this book presents the first-hand experiences of incarcerated girls to shed new light on youth criminalisation in the past and the present.

Focusing on three industrial schools in Bristol and Manchester, Wayward Girls in Victorian Era pays particular attention to gender, age and class to understand how these factors impacted an individual's passage through the Victorian juvenile system. Using both qualitative and quantitative data, it examines representations of deviance and immorality as well as behaviour regulation to bring girls into a field of study previously dominated by male and adult offenders. Asking questions about how to 'reform' delinquent juveniles, this book also uses history to rethink the present and contribute to current debates about juvenile delinquency and reform.

This book assesses the balancing act between EU free movement law, fundamental EU objectives and Member States' concerns regarding their welfare systems. It takes a novel dual approach: namely combining doctrinal analysis of EU citizenship case law with an examination of mobility data. This allows the study to clearly show an imbalance between the representation and protection of these conflicting interests in EU case law. It goes further, identifying avenues for reform and highlighting the importance of the principle of proportionality for attaining a legitimate balance of interests. In a field in which much has been written, this offers a truly original perspective. It will be much welcomed by scholars of EU free movement and citizenship law.

Shortlisted for the 2025 Peter Birks Prizes for Outstanding Early Career Legal Scholarship.

This book offers the first thorough legal analysis of the practice of mixity since the Lisbon Treaty, providing the perspectives of international, EU, and national law.

It sets out a detailed theoretical understanding of mixity, the common commercial policy, and the recent case law of the EU Court of Justice. It assesses recent practice and current challenges, such as the non-ratification of mixed agreements, ensuring parliamentary participation in EU treaty-making, the new architecture for concluding EU trade and investment agreements, as well as the new trade agreement between the EU and the UK post-Brexit. In so doing, the author argues that in the field of trade and investment, mixity is no longer a procedural technique to overcome legal uncertainties about competence allocations between the EU and the Member States. Instead, mixity has become a deliberate substantive design choice. This brings a fresh and innovative perspective to a key tenet of EU external relations law.

Since Anu Bradford's groundbreaking book on the Brussels Effect there is a vastly evolving literature on the EU as a global regulatory actor as well as the global reach of EU law. This edited collection connects to this debate.

Yet, it shifts the focus from the currently predominant public law focus to investigating European and EU private law and to connecting to literature and research on transnational law. To that end, it proceeds first conceptually by introducing and giving shape to the notion of a "European Transnational Private Law" through four conceptual contributions by the editors. Secondly, it focuses on several sectors (finance, taxation, investment, consumer law, labour law) and topics (climate litigation, global value chains, non-discrimination) to trace sector-specifically the role of EU private law in relation to transnational legal ordering.