法　学 — 全 下位分類

In Bodies in the Middle: Black Women, Sexual Violence, and Complex Imaginings of Justice, Maya Hislop examines the lack of place that Black women experience, specifically when they are victims of sexual violence. Hislop uses both historical and literary analyses to explore how women, in the face of indifference and often hostility, have sought to redefine justice for themselves within a framework she calls "Afro-pessimistic justice." Afro-pessimism begins from the belief that Black life in America, and in turn the American justice system, is constrained within a framework of anti-Blackness meant to enforce white supremacy. Inspired by the work of Black-studies luminaries such as Orlando Patterson, Sylvia Wynter, and Fred Moten, Hislop asks what justice can look like in the absence of total victory and how Black women have attempted to define alternative paths to a just future.

Examining the life of an early advocate of the legal rights of Black Americans

In this brisk, engaging exploration of 19th-century radical reformer and abolitionist Wendell Phillips, Peter Charles Hoffer makes the case that Phillips deserves credit as the nation's first public interest lawyer, someone who led the antebellum crusade against slavery and championed First Amendment rights and equality for all Americans, including Black people and women.

As a young lawyer, bored and working at a languishing practice, Phillips nonetheless believed that the law would serve as the basis for meaningful social change, including the abolishment of slavery. While many believed the US Constitution was a virtually faultless, foundational document for governance, Phillips viewed it as deeply racist, proslavery, and, therefore, in contradiction to the Declaration of Independence. Unsurprisingly, many of Phillips's ideas were viewed as controversial and unpopular at the time, even with other abolitionists. He frequently disagreed with more conservative politicians, including Abraham Lincoln.

But beyond merely criticizing the Constitution, Phillips subscribed to a "democratic positivist" belief, which contends that law is the central component of a strong democracy and that law can and should be changed by the will of the people. Thus, he believed it was critical to change public opinion on issues like slavery, which in turn would help change laws that legalized the institution. Throughout his life, he used his impressive skills as an orator to raise awareness to the horrors of enslavement, appealed to Americans' consciences, and directed them to act through voting and lawmaking.

Democratic positivist approaches like his have continued to be used by lawyers to influence social reforms ranging from the civil rights movement of the 1960s to advocacy for unhoused people to abolishing America's carceral state, and Hoffer persuasively argues that Phillips's influence has been long ranging and is still recognizable in contemporary America's political landscape.

Backcountry Democracy and the Whiskey Insurrection treats the legal culture that informed the Whiskey Rebellion of 1794 and its trials. Linda Myrsiades examines conflicts between state and federal courts and the judicial philosophy of Federalist judges, as well as grand jury charges, law reports, judges' bench notes, and defense notes for the trials, to develop a portrait of the hegemony of official interpretations of the law. At the same time, the book illuminates popular attitudes about the courts and the law and explores the nature of extralegal courts operated by the people.

Myrsiades captures the agitation-propaganda efforts mounted by rebel communities and groups together with petitions and speeches in the rebel assemblies in demonstrating that popular culture offered a clear politico-legal justification within the rebel movement on the unofficial side of legal culture. Myrsiades thus presents a holistic picture of the legal culture of the rebellion. Her examination denies the common perception that the rebel movement was incoherent and chaotic and presents an alternative view that its perceptions are a necessary correlative to understanding how treason law functioned and what its critical elements were in the late-eighteenth century, serving as a lesson for democracy in the present era.

Environmental Crime in the United States provides an introduction to the laws that govern environmental crime, how these laws are implemented and enforced, and the impact they have had since their passing in the twentieth century and their continued applications.

Environmental crimes such as wildlife trafficking, over-fishing, artisanal mining, and deforestation are lucrative contributors to a global illicit trade market and sources of cheap resources for corporations to exploit. This book presents a review of U.S.-based laws and regulations regarding such environmental crimes at the state and federal level, combined with examples of international convention or trade agreements which can be prosecuted within the United States. It examines attempts to modify these laws, the exceptions granted to prevent enforcement, and the ability of political and social groups to address inefficiencies of the laws or their implementations. Both criminal and administrative laws are reviewed to assess how laws governing the environment compare to other areas of law that seek to protect and improve social well-being and public health; this includes a review of how environmental crimes overlap with general crimes, and how these crimes fuel illicit commerce while strengthening international crime syndicates. Trends such as the actions taken by non-governmental organizations and other entities other than law enforcement to stop environmental crimes such as poaching will be explained, with a discussion of how environmental crimes spurn illicit markets and provide lucrative schemes for international crime rings as well as corporations.

This book will be of great interest to students of environmental crime and justice, green criminology, environmental conservation, natural resource management, and environmental law.

The Indian Constitution has held the country together for 75 years now. This volume demonstrates the Constitution is not a static document and has seen several amendments and interpretations over the years. It delves into how the document has worked for the people since its adoption - its strengths and weaknesses, its many interpretations, how it has influenced and shaped our collectives over time and in turn been shaped by the people.

The Indian Constitution clearly vests power in the hands of its people. This volume critically examines how the longest written national Constitution is made successful by people who take its spirit to heart and let it inform their activities, and how like anywhere in the world, it is a work in progress. It covers a range of debates on issues such as individual freedom (of expression, of association, freedom to lead lives of dignity, etc.), liberty (freedom from oppression), the right to life, right to equality, justice, among several others. The book contains essays by judges, lawyers and academics who describe the journey of the Constitution through doctrine, case-law, and comparative analyses with other countries. At the same time, it also contains essays by doctors, politicians, activists, bureaucrats, and a number of methodologically diverse essays by a host of demographically diverse writers.

The volume will be an indispensable read for scholars and researchers of legal studies, political scientists, governance, public policy, modern history, and South Asia studies. It will also be of immense interest to political scientists, political theorists, legal scholars, historians, lawyers, and general readers interested in the history of the Indian Constitution.

In this book, leading law academics along with lawyers, activists and others demonstrate what legislation could look like if its concern was to create justice for women.

Each chapter contains a short piece of legislation - proposed in order to address a contemporary legal problem from a feminist perspective. These range across criminal law (sexual offences, Indigenous women's experiences of criminal law, laws in relation to forced marriage, modern slavery, childcare and sentencing), civil law (aged care and housing rights, regulating the gig economy; surrogacy, gender equity in the construction industry) and constitutional law (human rights legislation, reimagining parliaments where laws are made for the benefit of women). The proposed laws are, moreover, drafted with feedback from a senior parliamentary draftsperson (providing guidance to contributors in a personal capacity), to ensure conformity with legislative rigour, as well as accompanied by an explanation of their reasons and their aims. Although the legislation is Australian-based, the issues raised by each are recognisably global, and are reflected in the legislation of most other nations.

This first feminist legislation project will appeal to scholars of feminist legal studies, gender and the law, gender studies and others studying or working in relevant legal areas.

This book offers a radical new understanding of law, beyond the confines of its formalization by the state.

The book takes off from the late work of Gilles Deleuze and Michel Foucault, for whom law and its institutions came to be liberated from an ideological perspective that had treated them as sterile instruments for the reproduction of domination. Engaging its continental history, it addresses the concept of law, not merely as a 'command', but as the result of a much more complex legal operation aimed at dynamically stabilizing the social relations of a community. The book thus sidesteps the usual legal-political focus on those - from Hobbes to Schmitt - who have contributed to the categorical scheme of the modern state, and with it questions of political representation, sovereignty, the rigid distinction between public law and private law, and so on, as it pursues an alternative theoretical trajectory through Ravaisson, Tarde, and Hauriou. Politics, the book maintains, can be no longer be treated simply through the state form. And, relatedly, the law must be seen as a living law: a law that cannot be treated exclusively in formal terms, but must be taken as a grammar capable of articulating a politics of process, relationality, and innovation. Reconceived as such, law can then circumvent the aporias that arise when society is viewed as a private company, and the state seen as the bearer of the only possible means of formalizing its relationships.

At the intersection of law and political theory, this book will speak to scholars and others with interests in both these areas, and especially those concerned with the limits of both conventional and critical approaches to law.

Political systems across much of the West are now subject to populist disruption, which often takes an anti-Constitutional form. This interdisciplinary book argues that the current analysis of anti-Constitutional populism, while often astute, is focused far too narrowly. It is held here that due to an obscured complex of dynamics that has shaped the history of the West since its inception and which remains active today, we do not understand the present. This complex not only explains the current disruptions across the fields of contemporary religion, politics, economics and emerging artificial intelligence but also how these disruptions derive each from originary sources. This work thereby explains not only the manner in which this complex has functioned across historical time but also why it is that its inherent, unresolvable flaws have triggered the shifts between these key fields as well as the intractability of these present disruptions. It is this flawed complex of factors that has led to current conflicts about abortion reform, political populism, the failure of neoliberalism and the imminent quantum shift in generative artificial intelligence. It is argued that in this, law is heavily implicated, especially at the constitutional level. Presenting a forensic examination of the root causes of all these disruptions, the study provides a toolbox of ideas with which to confront these challenges. This is a book of originality and significance, which will make fascinating reading for academics and researchers working in the areas of Socio-legal Studies, Legal Philosophy, Political Science, Theology, AI and Neuroscience.

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.

This book examines how, in response to crises, law tends to construct singular 'events' that obscure the underlying structural causes that any adequate response needs to acknowledge and address.

Litigation is the main legal process that constructs events through a narrative that describes what happened and prescribes what should happen. Courts are theatres with competing stories and intense controversies. The legal event is compelling. But, through the examination of several cases from a range of jurisdictions, this book argues that the ability to construct and reconstruct legal events is so strong, appealing, and powerful that it limits our ability to engage in structural analysis. The difficulty of seeing beyond what is here called 'the event horizon of legality' interprets aspects of life as exceptional rather than structural, as it focuses attention on a limited range of possible causes, and so a limited range of possible interventions. So, if issues like famine, obesity, poverty, a rising cost of living, and climate change are even partially produced through non-eventful modalities of power, like colonialism, imperialism, or global capitalism, then, as this book analyzes, the event horizon of legality can only ensure that those issues continue. The book therefore calls for a critical re-evaluation of the role of law in shaping our representation of, and response, to crises; and so, for a rethinking of the power and promise of law.

This original analysis of the operation of law will appeal to sociolegal scholars and legal theorists, as well as others working in relevant areas in critical and social theory.

This assessment of Britain's influential 14 day rule governing embryo research explores how and why it became the de facto global standard for research into human fertilisation and embryology, arguing that its influence and stability offers valuable lessons for successful biological translation.

One of the most important features of the 14 day rule, the authors claim, is its reliance on sociological as well as ethical, legislative, regulatory and scientific principles. The careful integration of social expectations and perceptions, as well as sociological definitions of the law and morality, into the development of a robust legislative infrastructure of 'human fertilisation and embryology', enabled what has come to be known as the Warnock Consensus - a solid and enduring public acceptance that has enabled successive parliamentary approval for controversial areas of scientific research in the UK, such as stem cell research and mitochondrial donation, for over 30 years. These important sociological insights are increasingly relevant to new biotranslational challenges such as human germline gene editing and the use of AI assisted technologies in human reproduction. As the legislation around the 14 day rule begins to be reviewed worldwide, the important lessons we can learn from its global and enduring significance will apply not only to future legislation governing embryo research, but to the future of biological translation more widely.

An important volume for those interested in reproductive studies, biogovernance and biological translation, it is suitable for researchers, clinicians and students in medicine, biosciences, sociology, and science and technology studies.

This book provides a definitive account of the creation and rise of the international Indigenous Peoples' movement.

In the late 1970s, motivated by their dire situation and local struggles, and inspired by worldwide movements for social justice and decolonization, including the American civil rights movement, Indigenous Peoples around the world got together and began to organize at the international level. Although each defined itself by its relation to a unique land, culture, and often language, Indigenous Peoples from around the world made an extraordinary leap, using a common conceptual vocabulary and addressing international bodies that until then had barely recognized their existence. At the intersection of politics, law, and culture, this book documents the visionary emergence of the international Indigenous movement, detailing its challenges and achievements, including the historic recognition of Indigenous rights through the adoption of the UN Declaration on the Rights of Indigenous Peoples in 2007. The winning by Indigenous Peoples of an unprecedented kind and degree of international participation - especially at the United Nations, an institution centered on states - meant overcoming enormous institutional and political resistance. The book shows how this participation became an increasingly assertive self-expression and even an exercise of self-determination by which Indigenous Peoples could both benefit from and contribute to the international community overall - now, crucially, by sharing their knowledge about climate change, their approaches to development and well-being, and their struggles against the impact of extractive industries on their lands and resources.

Written by the former Chief of the Secretariat of the United Nations Permanent Forum on Indigenous Issues, this book will be of interest to researchers, teachers, students, advocates, practitioners, and others with interests in Indigenous legal and political issues.

This collection explores a variety of issues facing contemporary juries, bringing together innovative research from different disciplines and jurisdictions. The debate stems from a real concern that criticism of the jury may lead to a loss of public confidence in the institution and that this may renew government efforts to further restrict the role of the jury in criminal proceedings in England and Wales. This work offers an interdisciplinary approach presenting insights from legal, psychological and criminological perspectives, thus bypassing traditional borders and presenting a cohesive view. Issues discussed reflect the rapid advances in technology, changing dynamics and behaviours in society, and challenges that have been aggravated by the Covid-19 pandemic. Whilst the focus is primarily on juries in England, Wales, Scotland and across Ireland in terms of challenges and opportunities, the collection also invites a comparative perspective, drawing on experiences and related research in other jurisdictions. The book will be of interest to academics, researchers and policy-makers working in the areas of criminal law and procedure, criminal justice, criminology and psychology.

Discussing the state of play in contemporary popular culture, specifically the role of crime and crime control in the video game medium, this book discusses the criminological importance of video games.

Pulling together an international group of scholars from Brazil, Canada, Sweden, the United Kingdom, and the United States, this edited volume analyzes a wide range of noteworthy video games, including Bioshock, Death Stranding, Diablo 2, Beat Cop, The Last of Us, Disco Elysium, Red Dead Redemption, P.T., Spider-Man, Spider-Man: Miles Morales, Star Wars Jedi: Fallen Order, and Grand Theft Auto. The book thus seeks to advance dialog on video games as important cultural artifacts containing significant insights regarding dominant perceptions, interests, anxieties, contradictions, and other matters of criminological interest.

Covering policing, vigilantism, different forms of violence, genocide, mental illness, and criminological theory, Video Games, Crime, and Control will be of great interest to students and scholars of Criminology, Media Studies, and Sociology, specifically those focusing on Game Studies and Cultural Criminology.

The policing of rape is in permacrisis. This book addresses the question of why police investigations continue to fail most rape victim-survivors and puts forward a framework for what policing can do to change this. Low conviction rates and poor victim-survivor experiences are the hallmarks of the rape justice gap. Three decades of research, policy, and legal changes have tweaked rape investigations to alleviate some of their ills; however, for the majority of victim-survivors, the process remains gruelling.

Police forces are notoriously resistant to reform, even in the face of rapidly declining public trust. The starting point of this book is the recognition that if we want profound change in policing, we must try something new. To do so, the authors move from asking "What is it about rape that makes it so difficult for police to investigate it well?" to asking "What is it about the police that makes it so difficult for police to investigate rape well?". Policing Rape sets out a practice-oriented theoretical framework for radically and sustainably transforming rape investigations, rape prevention, and the quality of officer engagement with victim-survivors. The authors reflect on the journey of putting this framework into practice within Operation Soteria Bluestone as a step on the path towards a radical transformation of rape policing.

This book is essential reading for all those looking to understand and improve the policing of rape.

Transatlantic policing is experiencing an unprecedented crisis of legitimacy, epitomised by public responses to the murders of George Floyd and Sarah Everard during the COVID-19 pandemic. Legitimacy is lost when the police either fail to protect the public or rely on coercion rather than consent to achieve that protection. Recovering Police Legitimacy challenges conventional criminological, political, and public solutions to the problem by approaching it from the bottom up, beginning with policing as a practice constituted by a unique set of excellences, skills, and characteristics.

The author draws on his experience as a police officer and on the serial fictions of James Ellroy, David Peace, and Nic Pizzolatto to characterise the practice in terms of heroic struggle, edgework, absolute sacrifice, and worldmaking. These characteristics provide an analytic tool for revolutionising our understanding of the relations among policing as a situated practice, public protection, and police legitimacy and for identifying the different levels at which legitimacy is undermined. His conclusion is that recovery is possible but will be slow in pace and incomplete in scope.

Written accessibly for students, police officers, policymakers, scholars, and anyone with an interest in police legitimacy, this is a groundbreaking study of a pressing social problem.

This book explores the distinction between private and public aspects in competition law and focuses on how the concept of competition is incorporated into the legal framework.

Distinguishing between antitrust regulations and competition-related legal rules in private law, such as unfair competition and contract laws, the book also differentiates between the utilitarian and deontological principles that underpin competition regulation. This historical and philosophical approach is used to compare two influential jurisdictions: England and Spain. These legal systems have had a significant impact on the development of legal rules in Common law and Civilian (Latin American) countries, respectively. Through this lens, the book further analyses the concept of "competition" and its value in each legal tradition. This understanding, in turn, helps clarify the scope of competition regulation within antitrust and private law and how the two fields coexist. Additionally, the book examines the role of property law theory in the context of competition regulation.

The book will be of interest to students and scholars in the field of competition law, tort law, and legal history.

Now in its 8th edition, Unlocking Equity and Trusts will help you grasp the main concepts of this core subject with ease.

Containing accessible explanations in a clear and logical structure, the following features provides an excellent foundation for learning and revising:

* Clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject;

* Key Facts summaries throughout each chapter allow you to progressively build and consolidate your understanding;

* End-of-chapter summaries provide a useful check-list for each topic;

* Cases and judgments are highlighted to help you find them and add them to your notes quickly;

* Frequent activities and self-test questions and sample essay questions are included so you can put your knowledge into practice and prepare you for assessment;

* A brand new 'critiquing the law' feature is designed to foster essential critical thinking skills.

The 8th edition has been fully updated throughout to reflect recent developments and changes in the law, including significant updates to the chapters on Proprietary Estoppel and Trusts of the Family Home. Unlocking Equity and Trusts is essential reading for all students studying Equity and Trusts for the first time.