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The Presumption: Race and Injustice in the United States
by D. Marvin JonesThis powerful book on racism in the United States argues that a threatening narrative originating in slavery continues to link Black people to inferiority, dangerousness, and crime, causing them to be presumed guilty by society and U.S. legal systems.Why are Black people stopped, arrested, and shot by police at such a high rate? Why are they portrayed in the media as gangbangers and urban thugs? D. Marvin Jones writes that the problem of race lies in the way Blackness has been inextricably knotted together in our culture with presumptions. In the era of segregation this was a presumption of inferiority, but in our era, it is primarily a presumption of dangerousness or criminality.In chapters on slavery, urban spaces, the drug war, media portrayals, and white spaces, he shows how the presumption of guilt continues to shape the treatment of Black people in the United States. Arguing that this presumption is not simply a matter of hate on the part of individuals, but instead a social process linked to a widely shared racial ideology, The Presumption points out the continuation of racial caste in the United States as a crisis for democracy and provides a blueprint for a kind of second Reconstruction.
The Presumption: Race and Injustice in the United States
by D. Marvin JonesThis powerful book on racism in the United States argues that a threatening narrative originating in slavery continues to link Black people to inferiority, dangerousness, and crime, causing them to be presumed guilty by society and U.S. legal systems.Why are Black people stopped, arrested, and shot by police at such a high rate? Why are they portrayed in the media as gangbangers and urban thugs? D. Marvin Jones writes that the problem of race lies in the way Blackness has been inextricably knotted together in our culture with presumptions. In the era of segregation this was a presumption of inferiority, but in our era, it is primarily a presumption of dangerousness or criminality.In chapters on slavery, urban spaces, the drug war, media portrayals, and white spaces, he shows how the presumption of guilt continues to shape the treatment of Black people in the United States. Arguing that this presumption is not simply a matter of hate on the part of individuals, but instead a social process linked to a widely shared racial ideology, The Presumption points out the continuation of racial caste in the United States as a crisis for democracy and provides a blueprint for a kind of second Reconstruction.
Disability as Diversity in India: Theory, Practice, and Lived Experience
This book critically analyses diverse experiences related to disability in India. Drawing upon intersectionality theory, it explores a range of issues regarding everyday experiences of disability in relation to gender, religion, social experiences, and India’s neoliberal economy and its built environment. From theoretical to deeply personal, this book discusses themes like invisible disability and identity; women with disabilities in India; bodily frustrations and cultural stigma; emotional stability and self-esteem of children with disabilities; neurodiversity and queerness; and overcoming the barriers. It also emphasizes the impact of the writings of women with disabilities on their personal experiences. The volume discusses perspectives and practices of schooling, curricular transactions, and inclusive education that have evolved for children who are deaf in India.Conversational and interdisciplinary, this book will be of interest to scholars and practitioners of disability studies, social care, mental health, social psychology, gender studies, social work, and special education.
Disability as Diversity in India: Theory, Practice, and Lived Experience
by Christopher J. Johnstone Misa Kayama Sandhya LimayeThis book critically analyses diverse experiences related to disability in India. Drawing upon intersectionality theory, it explores a range of issues regarding everyday experiences of disability in relation to gender, religion, social experiences, and India’s neoliberal economy and its built environment. From theoretical to deeply personal, this book discusses themes like invisible disability and identity; women with disabilities in India; bodily frustrations and cultural stigma; emotional stability and self-esteem of children with disabilities; neurodiversity and queerness; and overcoming the barriers. It also emphasizes the impact of the writings of women with disabilities on their personal experiences. The volume discusses perspectives and practices of schooling, curricular transactions, and inclusive education that have evolved for children who are deaf in India.Conversational and interdisciplinary, this book will be of interest to scholars and practitioners of disability studies, social care, mental health, social psychology, gender studies, social work, and special education.
Reformed Humanism: Essays on Christian Doctrine, Philosophy, and Church
by Professor David FergussonThe volume comprises a collection of essays ordered in three parts, each of which describes broadly the sub-fields of theology to which these belong. The essays tackle core themes in Christian doctrine, the longstanding relationship of theology to philosophy, and a series of challenges facing churches today. While the volume represents a Reformed theological approach often with a historical focus, it self-consciously reflects an ecumenical and critical perspective. The term 'humanism' reflects an openness to insight, understanding and correction from different fields of knowledge, while its 'Reformed' designation positions the work within a recognized theological tradition though seeking to avoid imprisonment by it. A further feature of the collection is its attempt to overcome the curricular divisions between systematic theology, Christian ethics, and practical theology. The third section in particular deal with issues in social ethics, theological aesthetics, the place of the church in a secular culture, and the role of theology in the university.
Reformed Humanism: Essays on Christian Doctrine, Philosophy, and Church
by Professor David FergussonThe volume comprises a collection of essays ordered in three parts, each of which describes broadly the sub-fields of theology to which these belong. The essays tackle core themes in Christian doctrine, the longstanding relationship of theology to philosophy, and a series of challenges facing churches today. While the volume represents a Reformed theological approach often with a historical focus, it self-consciously reflects an ecumenical and critical perspective. The term 'humanism' reflects an openness to insight, understanding and correction from different fields of knowledge, while its 'Reformed' designation positions the work within a recognized theological tradition though seeking to avoid imprisonment by it. A further feature of the collection is its attempt to overcome the curricular divisions between systematic theology, Christian ethics, and practical theology. The third section in particular deal with issues in social ethics, theological aesthetics, the place of the church in a secular culture, and the role of theology in the university.
Addiction and the Captive Will: A Colloquy between Neuroscience and Augustine of Hippo (T&T Clark Enquiries in Theological Ethics)
by Professor Cynthia GeppertTwenty-first century neuroscience has discovered that in some severe cases, addiction may so constrain human freedom that the will is only able to choose to use substances of abuse. At this advanced stage, substance use has become the primary driver of salience, co-optingand subsuming other moral priorities and human rewards. Scholars have investigated Aristotle's concept of akrasia as an ancient mirror of this understanding and there have been some preliminary discussions of Augustine's concept of the divided will as it bears on addiction. No detailed and comprehensive exploration of the work of Augustine has yet been undertaken as it relates to three contemporary models of addiction: the choice, learning, and brain disease models. Augustine's psychological awareness, his mastery of ancient theological and philosophical thinking, and his enormous and enduring influence on both Catholic and Protestant theology, make him an ideal subject for such research. This incisive book argues that Augustine's doctrine of the captive will offers a theological parallel of each of these contemporary models of addiction.
The Functions of International Adjudication and International Environmental Litigation (Cambridge Studies in International and Comparative Law #Series Number 189)
by null Joshua PaineThis book uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication. Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement. The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration. It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints. Paine makes a genuine addition to literature on the role of international adjudication in international law which will benefit academics, practitioners, and policymakers.
Addiction and the Captive Will: A Colloquy between Neuroscience and Augustine of Hippo (T&T Clark Enquiries in Theological Ethics)
by Professor Cynthia GeppertTwenty-first century neuroscience has discovered that in some severe cases, addiction may so constrain human freedom that the will is only able to choose to use substances of abuse. At this advanced stage, substance use has become the primary driver of salience, co-optingand subsuming other moral priorities and human rewards. Scholars have investigated Aristotle's concept of akrasia as an ancient mirror of this understanding and there have been some preliminary discussions of Augustine's concept of the divided will as it bears on addiction. No detailed and comprehensive exploration of the work of Augustine has yet been undertaken as it relates to three contemporary models of addiction: the choice, learning, and brain disease models. Augustine's psychological awareness, his mastery of ancient theological and philosophical thinking, and his enormous and enduring influence on both Catholic and Protestant theology, make him an ideal subject for such research. This incisive book argues that Augustine's doctrine of the captive will offers a theological parallel of each of these contemporary models of addiction.
A Blackqueer Sexual Ethics: Embodiment, Possibility, and Living Archive (T&T Clark Enquiries in Embodiment, Sexuality, and Social Ethics)
by Professor Elyse AmbroseIn A Blackqueer Sexual Ethics: Embodiment, Possibility, and Living Archive Elyse Ambrose looks to an archive of blackqueerness as an authoritative source for religious ethical reflection. This approach counters the disintegrative norms of anti-black and anti-body traditionalism in Christian sexual ethics, even those that strive to be liberative. It builds upon a tradition of black queer and LGBTQ+-centered critique at the intersections of race, sexuality, gender, and religion through exploring the moral imagination of sexual and gender non-conformist communities in 1920's Harlem (their rent parties, blues environments, and Hamilton Lodge Ball); ethics and theology blackqueering the disciplines; and contemporary oral histories (including photographs of the subjects by the scholar-artist) of those doing ethics in their blackqueerness. These serve as integrative sites that signal blackqueer ethical counter-patterns of communal belonging, individual and collective becoming, goodness, embodied spirit/inspirited bodies, and shared thriving. Emphases on both personal and social right-relatedness mark a shift from Christian sexual ethics based on rules, toward a communal relations-based transreligious ethics of sexuality.
A Blackqueer Sexual Ethics: Embodiment, Possibility, and Living Archive (T&T Clark Enquiries in Embodiment, Sexuality, and Social Ethics)
by Professor Elyse AmbroseIn A Blackqueer Sexual Ethics: Embodiment, Possibility, and Living Archive Elyse Ambrose looks to an archive of blackqueerness as an authoritative source for religious ethical reflection. This approach counters the disintegrative norms of anti-black and anti-body traditionalism in Christian sexual ethics, even those that strive to be liberative. It builds upon a tradition of black queer and LGBTQ+-centered critique at the intersections of race, sexuality, gender, and religion through exploring the moral imagination of sexual and gender non-conformist communities in 1920's Harlem (their rent parties, blues environments, and Hamilton Lodge Ball); ethics and theology blackqueering the disciplines; and contemporary oral histories (including photographs of the subjects by the scholar-artist) of those doing ethics in their blackqueerness. These serve as integrative sites that signal blackqueer ethical counter-patterns of communal belonging, individual and collective becoming, goodness, embodied spirit/inspirited bodies, and shared thriving. Emphases on both personal and social right-relatedness mark a shift from Christian sexual ethics based on rules, toward a communal relations-based transreligious ethics of sexuality.
The Legal Recognition of Animal Sentience: Principles, Approaches and Applications
by Jane Kotzmann and MB Rodriguez FerrereThis book explores the movement towards the recognition of animal sentience in the law. It explores some first principles underpinning the recognition of animal sentience, including the nature and scope of sentience provisions, the connection between sentience and empathy, drafting issues, and the relationship between sentience recognition and animal rights. The book highlights the operation of animal sentience provisions in several jurisdictions throughout the world and considers some sector-specific applications and limitations of animal sentience recognition.The first book of its kind, it draws together different perspectives as to what this novel turn in the law might mean and where it might lead. The chapters provide a full picture of what the recognition of animal sentience might entail for humans, animals, and our environment, as well as the experiences of different legal jurisdictions in pursuing recognition of animal sentience.This collection is an essential read for both practitioners and academics alike, as well as any group seeking to advance the interests of non-human animals.
The Legal Recognition of Animal Sentience: Principles, Approaches and Applications
This book explores the movement towards the recognition of animal sentience in the law. It explores some first principles underpinning the recognition of animal sentience, including the nature and scope of sentience provisions, the connection between sentience and empathy, drafting issues, and the relationship between sentience recognition and animal rights. The book highlights the operation of animal sentience provisions in several jurisdictions throughout the world and considers some sector-specific applications and limitations of animal sentience recognition.The first book of its kind, it draws together different perspectives as to what this novel turn in the law might mean and where it might lead. The chapters provide a full picture of what the recognition of animal sentience might entail for humans, animals, and our environment, as well as the experiences of different legal jurisdictions in pursuing recognition of animal sentience.This collection is an essential read for both practitioners and academics alike, as well as any group seeking to advance the interests of non-human animals.
Climate Change, Cattle, and the International Legal Order
by Rebecca WilliamsLivestock food systems need to be rapidly rethought to tackle the global climate crisis. This book examines how climate concerns for the livestock sector are governed in international law and addresses the sector's inclusion (or lack thereof) across the international governance of climate change, agriculture, forests and trade.The book provides a wide-ranging analysis of legal regimes at the international level that affect emissions from cattle (and where relevant, livestock more broadly). On this basis, tensions, interactions, and common themes for livestock emissions mitigation across the international climate change, forestry, agricultural and agri-trade regime are identified. This showcases where productive synergies and damaging tensions have emerged across the cross-cutting nature of livestock governance, enabling goals of fairer and more effective emissions mitigation for the sector to be achieved. In addition to addressing issues such as food security and public health, the book highlights the problem of affluence in reducing cattle emissions from meat consumption. This key insight is significant in terms of tackling future livestock emissions trajectories, particularly in relation to securing climate justice within the agricultural sector and securing equitable and effective livestock solutions. The book is a key text for all those with an interest in the legal governance of climate change and agriculture, adding to the timely debate on the future sustainability of the global diet and the relationship between affluence and climate change.
Climate Change, Cattle, and the International Legal Order
by Rebecca WilliamsLivestock food systems need to be rapidly rethought to tackle the global climate crisis. This book examines how climate concerns for the livestock sector are governed in international law and addresses the sector's inclusion (or lack thereof) across the international governance of climate change, agriculture, forests and trade.The book provides a wide-ranging analysis of legal regimes at the international level that affect emissions from cattle (and where relevant, livestock more broadly). On this basis, tensions, interactions, and common themes for livestock emissions mitigation across the international climate change, forestry, agricultural and agri-trade regime are identified. This showcases where productive synergies and damaging tensions have emerged across the cross-cutting nature of livestock governance, enabling goals of fairer and more effective emissions mitigation for the sector to be achieved. In addition to addressing issues such as food security and public health, the book highlights the problem of affluence in reducing cattle emissions from meat consumption. This key insight is significant in terms of tackling future livestock emissions trajectories, particularly in relation to securing climate justice within the agricultural sector and securing equitable and effective livestock solutions. The book is a key text for all those with an interest in the legal governance of climate change and agriculture, adding to the timely debate on the future sustainability of the global diet and the relationship between affluence and climate change.
Because This Land is Who We Are: Indigenous Practices of Environmental Repossession
by Chantelle RichmondBecause This Land Is Who We Are is an exploration of environmental repossession, told through a collaborative case study approach, and engaging with Indigenous communities in Canada (Anishinaabe), Hawai'i (Kanaka Maoli) and Aotearoa (Maori). The co-authors are all Indigenous scholars, community leaders and activists who are actively engaged in the movements underway in these locations, and able to describe the unique and common strategies of repossession practices taking place in each community. This open access book celebrates Indigenous ways of knowing, relating to and honouring the land, and the authors' contributions emphasize the efforts taking place in their own Indigenous land. Through engagement with these varying cultural imperatives, the wider goal of Because This Land Is Who We Are is to broaden both theoretical and applied concepts of environmental repossession, and to empower any Indigenous community around the world which is struggling to assert its rights to land.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Knowledge Unlatched.
Because This Land is Who We Are: Indigenous Practices of Environmental Repossession
by Chantelle RichmondBecause This Land Is Who We Are is an exploration of environmental repossession, told through a collaborative case study approach, and engaging with Indigenous communities in Canada (Anishinaabe), Hawai'i (Kanaka Maoli) and Aotearoa (Maori). The co-authors are all Indigenous scholars, community leaders and activists who are actively engaged in the movements underway in these locations, and able to describe the unique and common strategies of repossession practices taking place in each community. This open access book celebrates Indigenous ways of knowing, relating to and honouring the land, and the authors' contributions emphasize the efforts taking place in their own Indigenous land. Through engagement with these varying cultural imperatives, the wider goal of Because This Land Is Who We Are is to broaden both theoretical and applied concepts of environmental repossession, and to empower any Indigenous community around the world which is struggling to assert its rights to land.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Knowledge Unlatched.
The Foundations of European Transnational Private Law (The Future of Private 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.
The Foundations of European Transnational Private Law (The Future of Private Law)
by Anna Beckers, Hans-W Micklitz, Rodrigo Vallejo and Pia Letto-VanamoSince 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.
Decoding the Court: Legal Data Insights from the Supreme Court of Canada
This edited collection combines state-of-the-art legal data analytics with in-depth doctrinal analysis to study the Supreme Court of Canada (SCC), Canada’s top court. A data analytics perspective adds new dimensions to the study of courts and their case law. It renders legal analysis scalable, making it possible to investigate thousands of judicial decisions, adding new breadth and depth. It also enables researchers to combine doctrinal questions about how the law evolves with institutional questions about how courts operate, shedding new light on how law works in practice. By applying a range of methods to study the content of SCC decisions, this work bridges the gap between qualitative and quantitative research. Demonstrating how new analytical perspectives can generate new insights about the Supreme Court, an institution which is closely studied by scholars both within and outside Canada, the book will be essential reading for legal scholars and political scientists, particularly those working in public law and in empirical legal studies.
Decoding the Court: Legal Data Insights from the Supreme Court of Canada
by Wolfgang Alschner, Vanessa MacDonnell and Carissima MathenThis edited collection combines state-of-the-art legal data analytics with in-depth doctrinal analysis to study the Supreme Court of Canada (SCC), Canada’s top court. A data analytics perspective adds new dimensions to the study of courts and their case law. It renders legal analysis scalable, making it possible to investigate thousands of judicial decisions, adding new breadth and depth. It also enables researchers to combine doctrinal questions about how the law evolves with institutional questions about how courts operate, shedding new light on how law works in practice. By applying a range of methods to study the content of SCC decisions, this work bridges the gap between qualitative and quantitative research. Demonstrating how new analytical perspectives can generate new insights about the Supreme Court, an institution which is closely studied by scholars both within and outside Canada, the book will be essential reading for legal scholars and political scientists, particularly those working in public law and in empirical legal studies.
The Law and Regulation of Solicitors: Management Skills
by Ms Katie JacksonDrawing on the author's direct experience as a regulatory decision maker and her subsequent time teaching legal services professionals, The Law and Regulation of Solicitors: Management Skills brings together a broad range of materials based on research and presentations from continuous professional development for law firms. Encompassing a wide range of regulatory and compliance subjects, the texts and materials present the context and expectations of legal regulators such as the SRA and CLC in an easily referenceable format.Each section covers material on different management subjects intended to be used by senior and aspiring management in law firms. With reference to key legislation in the regulation of solicitors and other lawyers; example policies featured within the texts; and an extensive range of template internal AML audits; the book is an important reference guide for those running a law firm. There is a wide range of learning activities in each section which readers can use within their law firm to develop staff understanding of ethics, regulation, and compliance in legal services; reflecting the range of knowledge that regulators expect law firms to be able to demonstrate. The book references the primary regulatory system of the SRA, with specific examples of their supervisory practice, including how to respond to an SRA investigation. Those regulated by the CLC will find an authoritative chapter on the legislation underlying their regulation and supervision.This is an essential manual for the necessary management skills required for legal professionals, management, COLPs and COFAs in law firms, as well as solicitors, barristers, licensed conveyancers and paralegals.
Homelessness and Allocations
by Andrew Arden KC Justin Bates KC"This is the book on the law relating to homelessness." The Law Society Gazette*"An indispensable commentary on and guide to a complex and fast-moving area of the law: a must-have for academics, specialist practitioners and busy local government officers alike." Solicitors Journal*For over 40 years, Homelessness and Allocations has been providing advice on the rights of the homeless and the duties of local government. The 13th edition includes updates on: - More than 50 new cases – including R (Imam) v Croydon LBC; R (Jaberi) v Westminster CC; Zaman v Waltham Forest LBC; Uduezue v Bexley LBC; and R (Campbell) v Ealing LBC- The homelessness provisions of the Renters (Reform) Bill 2023-24- Amendments to the Housing Act 1996, Pts 6 and 7, including by the Supported Housing (Regulatory Oversight) Act 2023- Welsh statutory changes Written by two leading experts in the field, this text is the definitive guide on homelessness for housing lawyers and advisers, local authorities, housing and homelessness officers and housing associations.This title is included in Bloomsbury Professional's Property and Land Law online service.*Review of a previous edition.
Labour Law in Cyprus
by Achilles C. Emilianides Christina IoannouDerived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Cyprus not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Cyprus, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.
Insurance Law in the United Kingdom
by John BirdsDerived from the renowned multi-volume International Encyclopaedia of Laws, this book provides valuable practical insight into both public supervisory legislation concerning insurance and private insurance contract law in the United Kingdom. An informative general introduction surveying the legal, political, financial, and commercial background and surroundings of insurance provides a sound foundation for the specific detail that follows. The book covers all essential aspects of the law and regulation governing insurance policies and instruments. Its detailed exposition includes examination of the form of the insurance company and its reserves and investments; the insurance contract; the legal aspects of the various branches of property and liability insurance; motor vehicle insurance schemes; life insurance, health insurance, and workmen’s compensation schemes; reinsurance, co-insurance, and pooling; taxation of insurance; and risk management and prevention. Succinct yet eminently practical, the book will be a valuable resource for lawyers handling cases affecting the United Kingdom. It will be of practical utility to those both in public service and private practice called on to develop and to apply the laws of insurance, and of special interest as a contribution to the much-needed harmonization of insurance law.