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This book poses the question: do we need a new body of regulations and the constitution of new regulatory agents to face the evolution of money in the Fourth Industrial Revolution?

After the Global Financial Crisis and the subsequent introduction of Distributed Ledger Technologies in monetary matters, multiple opinions claim that we are in the middle of a financial revolution that will eliminate the need for central banks and other financial institutions to form bonds of trust on our behalf. In contrast to these arguments, this book argues that we are not witnessing a revolutionary expression, but an evolutionary one that we can trace back to the very origin of money.

Accordingly, the book provides academics, regulators and policy makers with a multidisciplinary analysis that includes elements such as the relevance of intellectual property rights, which are disregarded in the legal analysis of money. Furthermore, the book proposes the idea that traditional analyses on the exercise of the lex monetae ignore the role of inside monies and technological infrastructures developed and supported by the private sector, as exemplified in the evolution of the cryptoassets market and in cases such as Banco de Portugal v Waterlow & Sons.

The book puts forward a proposal for the design and regulation of new payment systems and invites the reader to look beyond the dissemination of individual Distributed Ledger Technologies such as Bitcoin.

This book gives new insights into employment law by analysing a neglected topic: remedies for breaches of employment rights. It explores remedies in the wider context of compliance with, and enforcement of, employment law through criminal law and other regulatory techniques.

The book argues that some of the remedies set out in statute or at common law for working people are a poor 'fit' for the employment rights they are supposed to protect. Employment rights are often undervalued in the legal system, because remedies for their infringement are subject to limitations not applicable to rights in other settings. This limits their ability both to uphold the dignity of working people and to deter breaches. Moreover, the remedies on offer do not always suggest a sensible ranking of employment rights in which fundamental rights attract stronger remedies than other kinds of rights and interests.

The book suggests why some of these problems might have arisen and makes proposals for reform. It also considers the wider implications for a system of employment law that depends so heavily for its enforcement on working people litigating to enforce their rights. Ranging widely across theory and doctrine, and analysing criminal law, contract and tort as well as statutory employment law, this book will be of interest to academics and researchers seeking a deeper understanding of the subject.

Slapper and Kelly's The English Legal System explains and critically assesses what law is, how it is made and applied, and how it affects the general public.

This latest edition has not only been restructured and updated, but extensively refocused, to provide a reliable analysis of the contemporary legal system in the sociopolitical uncertainty of a post-Brexit, post-Covid UK.

It retains the key learning features of:

• useful chapter summaries which act as a good checkpoint for students;
• 'food for thought' questions at the end of each chapter to prompt critical thinking and reflection;
• sources for further reading and suggested websites at the end of each chapter to point students towards further learning pathways; and
• a fully updated online resource for students and instructors.

Trusted by generations of academics and students, this authoritative textbook is a permanent fixture in this ever-evolving subject.

Human trafficking has become the scourge of the 21st century, with child trafficking arguably its worst form. As vulnerable children are lured into prostitution, pornography and other forms of exploitation, there is only a patchwork legal regime trying to deal with child trafficking.

This book assesses this legal regime, arguing that a more coordinated and international response is needed. Analyzing the moral and conceptual issues at stake across a wide variety of child trafficking cases - child prostitution, child pornography, forced "marriage," corrupt "adoptions," organ "donation," refugee abuse, child soldiers, orphanage abuse, and "normal" parental child abuse - it goes on to argue that the crimes of child trafficking make apparent that there are conceptual, moral, and legal issues concerning child trafficking that differ from other kinds of crime including adult trafficking.

Trafficking and the Conscience of Humanity puts forward the case that the crimes of child trafficking could, and should, be prosecuted by an international court such as the International Criminal Court.

This book explores strategies, approaches, tools, challenges, and reflections that animate the conversation around decolonisation in UK law schools. It investigates how we can have, within the UK law school, difficult conversations about the ways in which history has influenced what the law is, how law is taught, what law is taught, who the law works for, and who the law does not work for.

The conversation about decolonisation of the university and curricula continues to raise questions for knowledge production and transmission in educational institutions. Decolonisation also raises questions about the impact of the preceding issues on people within and outside these educational institutions. The decolonisation debate is an opportunity for legal academics to reflect on the origins of their own individual academic practices in research as well as the content of their curriculum. This volume examines the preceding issues as they relate to academic practices and legal pedagogy in UK law schools. The authors examine how legal scholars can achieve aims of decolonisation within the practical aims of teaching of law, as well as the limitations and possible challenges of these endeavours.

This volume will be of interest to legal scholars, legal educators, law students as well as legal practitioners who are engaged in questions of how decolonisation relates to law - broadly understood. It was originally published as a special issue of The Law Teacher.

This book considers the ethics and politics of state apologies made to Indigenous peoples.

The prevalent tendency to treat an apology as a speech act has maintained the focus on the state leader making the apology and not on the victims' claims. This book demonstrates the inherent shortcomings of this approach through an examination of apologies delivered to Indigenous peoples in Australia and Canada. Contrasting the texts of these apologies with Indigenous peoples' responses, the book develops an understanding of apology as a relational process. This involves engaging Indigenous peoples in dialogue, the aim of which would be to address past injuries by fulfilling the apology's transformative promise of 'never again' to Indigenous peoples' satisfaction. The book concludes by examining more recent developments in Australia and Canada that highlight the continuing need for government accountability to fulfil this promise and ensure Indigenous people's rights and interests are upheld.

This book will be of considerable interest to scholars and students in the fields of law and politics, Indigenous studies; forgiveness studies; transitional justice and reconciliation; settler colonialism and decolonisation.

This book draws on concrete cases of collaboration between anthropologists and legal practitioners to critically assess the use of anthropological expertise in a variety of legal contexts from the point of view of the anthropologist as well as of the decision-maker or legal practitioner. The contributions, several of which are co-authored by anthropologist-legal practitioner tandems, deal with the roles of and relationships between anthropologists and legal professionals, which are often collaborative, interdisciplinary, and complementary. Such interactions go far beyond courts and litigation into areas of law that might be called 'social justice activism'. They also entail close collaboration with the people -often subjects of violence and dispossession -with whom the anthropologists and legal practitioners are working. The aim of this collection is to draw on past experiences to come up with practical methodological suggestions for facilitating this interaction and collaboration and for enhancing the efficacy of the use of anthropological expertise in legal contexts. Explicitly designed to bridge the gap between theory and practice, and between scholarship and practical application, the book will appeal to scholars and researchers engaged in anthropology, legal anthropology, socio-legal studies, and asylum and migration law. It will also be of interest to legal practitioners and applied social scientists, who can glean valuable lessons regarding the challenges and rewards of genuine collaboration between legal practitioners and social scientists.

The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC BY-NC-ND)] 4.0 license.

The practice of teaching international law is conducted in a wide range of contexts across the world by a host of different actors - including scholars, practitioners, civil society groups, governments, and international organisations.

This collection brings together a diversity of scholars and practitioners to share their experiences and critically reflect on current practices of teaching international law across different contexts, traditions, and perspectives to develop existing conversations and spark fresh ones concerning teaching practices within the field of international law. Reflecting on the responsibilities of teachers of international law to engage with and confront histories, contemporary crises, and everyday events in their teaching, the collection explores efforts to decenter the teacher and the law in the classroom, opportunities for dialogical and critical approaches to teaching, and the possibilities of co-producing non-conventional pedagogies that question the mainstream underpinnings of international law teaching. Focusing on the tools and techniques used to teach international law to date, the collection examines the teaching of international law in different contexts. Traversing a range of domestic and regional contexts around the world, the book offers insights into both the culture of teaching in particular domestic settings, aswell as the structural challenges and obstacles that arise in terms of who, what, and how international law is taught in practice.

Offering a unique window into the personal experiences of a diversity of scholars and practitioners from around the world, this collection aims to nurture conversations about the responsibilities, approaches, opportunities, and challenges of teaching international law.

This book contributes to a better understanding of the role laypeople hold in the social functioning of law.

It adopts the scholarly insight that the law is unthinkable without an everyday legal understanding of the law pursued by laypeople. It engages with the assumption that not only the law's existence but also its development is shaped by the layperson's affirmations, oppositions, ignorance, or negations of the law. This volume thus aims to fill a void in socio-legal studies. Whereas many sociolegal theories tend to conceptualize the law through legal experts' actions, institutions, procedures, and codifications, it argues that such a viewpoint underestimates the role of laypeople in the law's processing and advocates for a strengthened conceptual place in socio-legal theory.

This book will appeal to socio-legal scholars and sociologists (of law), as well as to legal practitioners and laypersons themselves.

The academic disciplines of law and sociocultural anthropology have a long but at times contentious history of drawing on each other in order to study and understand law and human experience in its diverse manifestations. This volume provides an innovative and engaging format by giving established and emerging scholars from diverse jurisdictions the opportunity to discuss and reflect upon what they consider to be a 'leading work'. The collection offers a unique, multi-perspectival reconsideration of the intellectual history of the field whilst also addressing issues that are at the core of interdisciplinary legal research. Contributions shed light on the changing nature of cross-disciplinary research and collaboration, trace how disciplinary understandings of normativity have cross-fertilised each other, and reflect on choices taken within research on law and anthropology along a continuum of theoretical reflection, critique, engagement, and practical application. The book elaborates on the nature and the boundaries of law and anthropology research, as well as on its likely future development in light of the insights shared by contributors on their chosen leading works. The book will make fascinating reading for researchers and academics in both law and anthropology.

Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

This volume explores how national and international human rights courts interpret and apply human dignity. The book tracks the increasing deployment of the concept of human dignity within courts in recent decades. It identifies how human-dignity-based arguments have expanded to cover larger sets of cases: from the right to life or the right to integrity or anti-discrimination, the concept has surfaced in disputes about political and social rights and rule of law requirements, such as equality or legal certainty. The core message of the book is that judges understand, interpret, and apply human dignity differently. An inflation in the judicial recourse to human dignity can saturate the legal environment, depriving the concepts as well as human-rights-based narratives of salience, and threaten the predictability of court decisions. The book will appeal to philosophers of law, constitutional theorists and lawyers, legal comparativists, and international law specialists. While being dedicated specifically to human dignity jurisprudence, the book touches on many aspects of judiciary and as such will also be of interest to researchers studying legal reasoning, interpretation and application of the law and courts, as well as social philosophers, political scientists, and sociologists of law, politics, and religion.

This book examines the largely neglected but crucial role of transnational actors in democratic constitution-making.

The writing or rewriting of constitutions is usually a key moment in democratic transitions. But how exactly does this take place? Most contemporary comparative constitutional literature draws on the concept of constituent power - the power of the people - to address this moment. But what this overlooks, this book argues, is the important role of external, transnational actors who tend to play a crucial role in the process. Drawing on sociolegal methodologies but informed by new legal realism, this book develops a new theoretical framework for examining the involvement of such actors in constitution-making. Empirically grounded, the book uncovers a more comprehensive picture of how constitution-making unfolds on the ground. Illuminating the power dynamics at play during the legal process, it reveals not only the wide range of external actors involved but also the continuity between decolonisation and post-Cold War constitution-making.

This book, the first to provide an in-depth examination of external actor involvement in constitution-making, will appeal to scholars of constitutional law, sociolegal studies, law and development, and transitional justice.

In an effort to balance the protection of reputation and the right to free speech, the UK Parliament attempted to fundamentally transform English libel law through the Defamation Act 2013. This book evaluates the success of this attempt by means of a comparative analysis of relevant law in the United States of America (US), Germany, and the European Court of Human Rights. It examines the reasons that it was deemed necessary to reform the common law of defamation in England and Wales, the changes wrought by the act, and the case law it has engendered. As defamation often occurs internationally, the book also takes a broad comparative look at the way in which other relevant jurisdictions attempt to balance reputational protection and free speech. The natural starting point is the US where freedom of expression is strongly protected by the US Constitution. From there the focus shifts to Germany where both competing legal interests are likewise given constitutional protection. The European Court of Human Rights' jurisprudence is also examined because of its highly developed balancing approach and its general reflection of European legal thinking. Recent high-profile defamation cases such as those concerning the actors Johnny Depp and Amber Heard, decided in the UK as well as the US, form interesting and informative case studies. The final section of the work rates the libel reform attempted in the UK against its own benchmarks, provides suggestions about the way in which it is developing, and concludes that valuable lessons can still be learnt from the comparator jurisdictions. The book will be essential reading for those working in the areas of human rights law and media law.

This book offers a fresh approach to human rights by analyzing the role of institutional checks and balances, governmentalism and system's approach, intended for the prevention of human rights violations, the enforcement of human rights norms and rules, and important actors such as International Non-Governmental Organizations (INGO), and domestic Non-Governmental Organizations (NGOs).

The book presents case studies that offer innovative, political, historical, and social perspectives on how the International Human Rights Regime (IHRG) is practiced. It critically examines the interpretation, inconsistency, and application of the human rights norms in the Global South, and shows how the national mobilization of human rights is directly affected by the interdependence existing between the national and the transnational levels.

This book will be of key interest to scholars, students, and practitioners of human rights, and more broadly of comparative politics, international law, global governance, international and nongovernmental organizations.

This book outlines a critical theory of citizenship, with an emphasis on how citizenship institutes power relations and organises the rights and obligations of those who become its subjects.

Whether it is the question of the rights of animals, children, migrants, minorities, mothers, or mountains, and whether such rights are protected or guaranteed by national law, international law, or human rights law, the issue of citizenship has already indelibly marked the 21st century. As an institution, citizenship governs the relationship between a polity and its peoples by dividing them into citizens and noncitizens, with differentiated rights and obligations. So necessarily, this book argues, citizenship is an institution of domination and emancipation that brings into play the struggles of those who want to protect certain privileges and the struggles of those who are against being caught in either second-class or noncitizen categories. Deconstructing dominant theories and practices of citizenship, a critical theory of citizenship must, therefore, not only analyse intersecting rights, but also connect citizenship to these broader social struggles. For it is these struggles, the book maintains, that give meaning to citizenship itself.

The book will be of interest to scholars and students in sociolegal studies, sociology, politics, and as well as those working in citizenship, migration, and refugee studies.

This book examines the understudied, yet increasingly applied, concept of Guarantees of Non-Repetition under international human rights law and transitional justice.

Guarantees of Non-Repetition (GNRs) are measures taken to ensure that human rights abuses do not recur. They are especially crucial in post-war contexts marked by severe and systematic violations. However, although they are increasingly invoked, GNRs are not well understood, and they have so far received only limited theoretical and practical analysis. Tracing their development to the influence of international human rights law, this book considers what GNRs are, how and why they have come about, and how GNRs are implemented. Through an explication of the history, law and jurisprudence of GNR's - in regional mechanisms in Latin America, Europe, and Asia, as well as in international bodies - the book maintains the increasing importance, and as yet unfulfilled potential, of this legal obligation in transitional justice settings.

This first book to analyse the development of GNRs and their application will appeal to scholars in the areas of law and transitional justice, public policy, and socio-legal studies, as well as lawyers and policy-makers working in post-conflict situations.

This collection examines the difficult task of reforming governments worldwide to meet citizens' needs and aspirations. It advances constructive efforts to enhance public accountability while recognizing the complex ways in which corruption, greed, and state capture undermine the legitimacy and performance of government. The contributors are political scientists, lawyers, and economists who bring a cross-disciplinary approach to their chosen subjects. The first group of chapters deals with public sector performance, development, and public participation. Complementary pieces by a practitioner and a scholar confront the challenges of achieving reform in countries with difficult political environments and extensive poverty and inequality. The second group emphasizes the way corruption and state capture limit the accountability and effectiveness of governments in both developing and wealthy countries. The contributions consider the institutional roots of dysfunctional government and their links to the private sector. Taken together, the volume surveys a wide range of topics with theoretical arguments and empirical findings that provide insights into real-world problems and policymaking dilemmas. Inspired by Susan Rose-Ackerman's fifty-year exploration of public policymaking, public law, and corruption, the collection will be an invaluable resource for researchers, academics and policy makers working in the areas of Public Law, Anticorruption, and Political-Economy.