Books Published in 2013
Reflexive Labour Law in the World Society investigates trends in labour and employment law from the perspective of modern social systems theory.
It uses Niklas Luhmann’s theory of the world society and Gunther Teubner’s reflexive law concept for an analysis of modern employment law and industrial relations. Areas investigated include: reflexive employment protection; the reflexive regulation and deregulation of labour market policies and labour law; reflexivity in labour and employment conflict resolution; reflexive coordination and implementation of EU social and employment law; and reflexive global labour law.
Since the mid 1990s, the focus of European employment and social policy has shifted from protection to promotion. This book provides a timely analysis of this new form of governance, and the new forms of policy delivery and audit which accompany it.
Public Benefit in Charity Law examines the legal principles and practical applications of the public benefit test in charity law in the UK, Australia, Canada, New Zealand and the Republic of Ireland. In order to obtain charitable status, an organization must not only have exclusively charitable purpose but also demonstrate that it provides a benefit to the public.
The book sets out a critical analysis of the general principles of public benefit that have developed since the emergence of the doctrine in England in the nineteenth century, and its export to the other jurisdictions. These principles are evaluated in the light of the traditional justifications for the public benefit requirement. The book also considers the practical implications of these principles in relation to specific areas of charitable activity in each jurisdictions. The analysis includes issues affecting education, health care provision, religious charities, human rights charities, political campaigning, and environmental action. Reference to other jurisdictions including the Republic of Ireland and the USA is made where such comparison is helpful.
Brought up in the stately grandeur of Burghley House as heir to the earldom of Exeter, Henry Cecil seemed to have made a suitable match to the heiress of Hanbury Hall, but their marriage was to end in disaster when Emma eloped with Henry's friend, the local curate. Heartbroken, Henry turned his back on aristocratic life, taking up residence in a remote Shropshire village and marrying a farmer's daughter - without having obtained a divorce from his first wife.... The story of Henry Cecil's matrimonial entanglements became an overnight sensation in the 1790s, and even through into the twentieth century was still being told and retold in poetry, song, ballet and prose. 'A Noble Affair' untangles fact from fiction and explores the difficulties Henry faced in extricating himself with honour from the situation. Written by three scholars who have carried out extensive research into marriage, adultery, bigamy and divorce in eighteenth-century England, this new account illustrates just how limited the options once were for those who experienced marital breakdown, and discovers that in some respects Henry did indeed behave nobly.
Conflict of Laws provides a straight-forward and accessible introduction to English private international law. It examines the jurisdiction of English courts (and whether their judgments are enforced and recognized overseas) and the effect of foreign judgments in England. Recent years have seen an increased ‘Europeanization’ of English Law which has transformed the subject and this fifth edition takes into account key recent developments and regulations including proposed changes to Brussels I, Rome II, The Maintenance Regulation, Rome III, the proposed Rome IV and the proposed Succession Regulation.
On 14 September 2003 Baha Mousa, a hotel receptionist, was arrested in Basra by British troops and taken to a military base for questioning. Less than forty-eight hours later he was dead. In A Very British Killing A.T. Williams tells the inside story of this crime and its aftermath, exposing the casual brutality, bureaucratic apathy, and instituional failure to hold people criminally responsible for Mousa's death. What it reveals about Britain and its political and military institutions is explosive.
The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order.
Blackstock, J., Lloyd-Cape, E., Hodgson, J., Ogorodova, A. and Spronken, T. Inside Police Custody: An Empirical Account of Suspects' Rights in Four Jurisdictions, published by Intersentia.
This empirical study of the procedural rights of suspects in four EU jurisdictions – France, Scotland, the Netherlands and England and Wales – focuses on three of the procedural rights set out in the EU Roadmap for strengthening the procedural rights of suspected or accused persons in criminal proceedings – the right to interpretation and translation; the right to information and the letter of rights; and the right to legal assistance before and during police interrogation.
On September 12th 2013, Professor Gary Watt delivered a public lecture at Duke Law School on his new book Dress, Law and Naked Truth: A Cultural Study of Fashion and Form (London: Bloomsbury Academic, 2013)
Why are civil authorities in so-called liberal democracies affronted by public nudity and the Islamic full-face ‘veil’? Why is law and civil order so closely associated with robes, gowns, suits, wigs and uniforms? Why is law so concerned with the ‘evident’ and the need for justice to be ‘seen’ to be done? Why do we dress and obey dress codes at all? In this, the first ever study devoted to the many deep cultural connections between dress and law, the author addresses these questions and more. His responses flow from the radical thesis that ‘law is dress and dress is law’.
Financial Crisis Containment and Government Guarantees analyses the international community’s commitment to forging enhanced, well thought-out, mechanisms for containing systemic risks in the context of a highly interconnected global financial framework which incorporates ongoing financial innovation.
While use of government guarantees is a central theme, the book also analyses the roles played by prudential regulators, central banks, deposit insurers and treasuries in dealing with the crisis. The book examines how governments, central banks, regulators and deposit insurance agencies have worked together to contain the global financial crisis. Additionally, it focuses on efforts to overcome ongoing obstacles, as well as the most important proposals to improve safety nets, both at the national level and internationally.