The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to identify some beneficial consequences in terms of which punishment might be justified; as well...
The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are ra...
The English legal profession, uncharacteristically, was often in the headlines during the 1990s. Reforms initiated by a Conservative Lord Chancellor and extended by his Labour successor transformed traditions, over the vigorous objections of the judiciary, Bar, and Law Society. Rapid market developments enriched some barristers and solicitors while squeezing others. The two professional associations confronted crises in self-regulation and governance. This book mines that tumultuous period for insights into the prospects of professionalism in the 21st century.
The English legal profession, uncharacteristically, was often in the headlines during the 1990s. Reforms initiated by a Conservative Lord Chancellor a...
The U.S. Supreme Court extended constitutional protection to commercial expression or speech in 1976. The European Court of Human Rights and the Supreme Court of Canada subsequently did likewise. Historically, however, as Chief Justice Rehnquist memorably remarked in dissenting from the 1976 decision, freedom of expression relates to public decision-making as to political, social, and other public issues, rather than the decision of a particular individual as to whether to purchase one or another kind of shampoo. For all that, courts are now granting constitutional protection to the...
The U.S. Supreme Court extended constitutional protection to commercial expression or speech in 1976. The European Court of Human Rights and the Supre...
This book examines international and European protection of the right to strike. In particular, it focuses on the extent to which the International Labour Organisation, the Council of Europe and the European Union have set standards designed to protect those who organize or participate in industrial action.
This book examines international and European protection of the right to strike. In particular, it focuses on the extent to which the International La...
This important new work examines fundamental, but hitherto neglected, issues of national criminal law. Where and to whom does that law apply? When can domestic law apply to conduct that takes place abroad? The author examines the territorial and extraterritorial application of the criminal law, identifying defects, lacunae and historical accidents, and suggests possible reforms.
This important new work examines fundamental, but hitherto neglected, issues of national criminal law. Where and to whom does that law apply? When can...
The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism.
The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism...
This book is the first attempt to understand Britain's night-time economy, the violence that pervades it, and the bouncers whose job it is to prevent it. Using ethnography, participant observation and extensive interviews with all the main players, this controversial book charts the emergence of the bouncer as one of the most graphic symbols in the iconography of post-industrial Britain.
This book is the first attempt to understand Britain's night-time economy, the violence that pervades it, and the bouncers whose job it is to prevent ...
This book examines the central issue in property theory, as it intersects with law: what property is, as an idea, and the power that claimed individual property rights should have against competing public goals. Drawing upon areas as diverse as land use, the body as property, personal information as property, cultural property, and state redistributive claims, the author shows that there are deep reasons for property's protective power, or lack of it, in these and other cases.
This book examines the central issue in property theory, as it intersects with law: what property is, as an idea, and the power that claimed individua...
This book focuses on the concept of state responsibility for international crimes, which gained support following the First World War, but was pushed into the background by the development of the principle of individual criminal responsibility under international law after the Second World War. Jorgensen considers the history and merits of a concept that, it is argued, is currently on the threshold between lex ferenda and lex lata.
This book focuses on the concept of state responsibility for international crimes, which gained support following the First World War, but was pushed ...