Law

This book analyses the new phenomenon of Black Police Associations (BPAs) established in the majority of constabularies in England and Wales. The author takes a sociological and theoretical approach to the subject, in contrast to current criminology, which is more evaluative and policy oriented. The analysis is underpinned with the notion that race and ethnicity are socially constructed: the book describes and analyses how race and ethnicity are constructed and sustained within constabularies, and how they have changed during the last two decades, providing a sociological perspective on understanding race within criminal-justice institutions. The book covers the history of BPAs; the construction and consequences of the notion of ‘black’ as a political emblem within constabularies; the work and influence of BPAs (nationally and within constabularies); post-McPherson policing; new forms of racism within constabularies; ethnic identities amongst ethnic-minority police officers and BPAs; and the occupational culture. By analysing the work of BPAs within constabularies, the author posits a number of implications for change within the management of constabularies.

The World Trade Organization (WTO) is often accused of, at best, not paying enough attention to human rights or, at worst, facilitating and perpetuating human rights abuses. This book weighs these criticisms and examines their validity, incorporating legal arguments as well as some economic and political science perspectives. After introducing the respective WTO and human rights regimes, and discussing their legal and normative relationship to each other, the book presents a detailed analysis of the main human rights concerns relating to the WTO. These include the alleged democratic deficit within the Organization and the impact of WTO rules on the right to health, labour rights, the right to food, and on questions of poverty and development. Given that some of the most important issues within the WTO concern its impact on poor people within developing States, the book asks whether rich States have an obligation to the people of poorer States to construct a fairer trading system that better facilitates the alleviation of poverty and development. Against this background, the book examines the current Doha round proposals as well as suggestions for reform of the WTO to make it more ‘human rights-friendly’.

In recent years, the expansion of night-time leisure has emerged as a key indicator of post-industrial urban prosperity, attracting investment, creating employment and re-generating the built environment. These leisure economies are youth-dominated, focusing upon the sale and consumption of alcohol. Unprecedented numbers of young people now flock to town centres that are crammed with bars, pubs and clubs, and the resulting violent disorder has over-run police resources that remain geared to the drinking patterns and alcohol cultures of previous generations. Post-industrial re-structuring has spawned an increasingly complex mass of night-time leisure options through which numerous licit and illicit commercial opportunities flow. Yet, regardless of the fashionable and romantic notions of many contemporary urban theorists, it is alcohol, mass intoxication and profit rather than ‘cultural regeneration,’ which lies at the heart of this rapidly expanding dimension of post-industrial urbanism. Private security in the bulky form of bouncers fills the void left by the public police. These men (only 7% are women), whose activities are barely regulated by the State, are dominated by a powerful subculture rooted in routine violence and intimidation. Using ethnography, participant observation and extensive interviews with all the main players, this book charts the emergence of the bouncer as one of the most graphic symbols in the iconography of post-industrial Britain.

This book addresses two problems surrounding the interpretation and application of Article 81 of the EC Treaty: what is competition and how does Article 81 ensure that competition is protected? After over forty years of application and a period of modernisation, decentralisation, and reflection, it is possible to understand Article 81 and what it seeks to achieve. The book's aim is to reveal the intellectual order and rational structure underlying the law so as to enable the reader to understand Article 81 in a clear and rigorous manner. This is done by breaking Article 81 down into its constituent elements and examining the function that each element serves. Arguing that jurisdiction rests on a public/private distinction, both the substantive and the justificatory rules are cast to generate obligations appropriate for private actors to perform. Actors and activities falling within the scope of Article 81 are subject to the substantive element prohibiting contrived reductions in output. Since output reduction can co-exist with cost reduction/innovation, and given that these latter features are desirable, cost reduction and innovation operate to justify infringement of the substantive obligation. Thus this book argues that output, cost and innovation are the only legitimate issues in an Article 81 analysis. It is in this sense that the monograph is concerned with the boundaries of Article 81 EC.

The series Criminalization is a set of volumes arising from an interdisciplinary investigation into criminalization, focussing on the principles and goals that should guide decisions about what kinds of conduct are to be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the six volumes in this series aim to tackle the key questions at the heart of issue: By reference to what principles and goals should legislations decide what to criminalize? How should criminal wrongs be classified and differentiated? And how should law enforcement officials apply the law's specification of offences? This book is the first book in this series examining the scope and boundaries of the criminal law. Investigations into the scope of the criminal law have often focused on the harm principle, the principle that conduct can be justifiably criminalized only if it is harmful, or other master principles that might determine the proper scope of the criminal law. These chapters aim to make significant advances in the development of a broader range of ideas that might inform criminalization decisions. A range of issues are discussed, including the significance for criminalization of ideas of moral wrongdoing and of using a person as a means, the distinction between criminal law and other forms of legal regulation, the role of new technology in our understanding of the evolving scope of the criminal law, and the role of criminal justice officials in decision-making about criminalization. The chapters draw on legal and philosophical sources, and also on history, sociology, and social psychology in their investigations.

While common law actions for breach of promise of marriage originated in the mid-seventeenth century, it was not until the ‘long nineteenth century’ that they saw their rise to prominence and their subsequent fall from favour. This monograph ties the story of the action's rise and fall between 1800 and 1940 to changes in the prevalent conception of woman, her ideal role in society, sexual relations, and the family, arguing that the idiosyncratic nineteenth-century breach-of-promise suit (a luxuriant blend of both contract and tort) and Victorian notions of ideal femininity were uneasily and fatally, but nonetheless inextricably, entwined. It classifies the ninteenth-century breach-of-promise action as a ‘codification’ of the contemporaneous ideal of true womanhood and explores the longer-term implications of this infusion of mythologized femininity for the law, in particular for the position of plaintiffs. Surveying three consecutive time periods – the early nineteenth century, the high Victorian, and the post-Victorian periods – and adopting an interdisciplinary approach that combines the perspectives of legal history, social history, and literary analysis, it argues that the feminizing process, by shaping a cause of action in accordance with an ideal at odds with the very notion of women going to law, imported a fatal structural inconsistency that at first remained obscured, but ultimately vulgarized and undid the cause of action. Alongside more than two hundred and fifty real-life breach-of-promise cases, the book examines literary and cinematic renditions of the breach-of-promise theme, by artists ranging from Charles Dickens to P. G. Wodehouse, in order to expose the subtle yet unmistakable ways in which what happened (and what changed) in the breach-of-promise courtroom influenced the changing representation of the breach-of-promise plaintiff in nineteenth- and early twentieth-century literature and film.

In the context of the far-reaching reforms proposed for the Appellate Committee of the House of Lords and the Judicial Committee of the Privy Council, this book considers the operation and reform of courts at the apex of the UK's legal systems. The chapters are linked by broad and overlapping themes. The first of these is the complexity of accommodating national differences within the UK into the institutional design of the new supreme court. It will be not only a court for the UK's three legal systems, and simultaneously a national institution of the whole UK, but it is also likely to be called upon to resolve division of powers disputes within the emerging system of multi-level government. A second theme is the scope for comparative lesson-learning from top courts in other legal systems: the Supreme Court of Canada, the US federal courts system, and the constitutional courts in Germany and Spain are considered. Thirdly, the connections between the UK's top-level court and other courts, especially intermediate courts of appeal, the European Court of Justice, and the European Court of Human Rights are examined.

Judges spend their public lives in courtrooms. They speak to the public through their judgments. But senior judges are frequently invited to contribute to professional, judicial, or academic conferences or publications, on whatever topic engages the attention of the audience at the time. This book contains a selection of the essays and addresses written or given by the present Senior Law Lord (as a Queen's Bench judge, Lord Justice of Appeal, Master of the Rolls, and the Lord Chief Justice of England and Wales) over the last 15 years or so, touching on a wide range of legally related topics.

Governments spend huge amounts of money buying goods and services from the private sector. How far should their spending power be affected by social policy? Arguments against the practice are often made by economists — on the grounds of inefficiency, and lawyers — on the grounds of free competition and international economic law. Buying Social Justice analyses how governments in developed and developing countries use their contracting power in order to advance social equality and reduce discrimination, and argues that this approach is an entirely legitimate and efficient means of achieving social justice. The book looks at the different experiences of a range of countries, including the UK, the USA, and South Africa. It also examines the impact of international and regional regulation of the international economy, and questions the extent to which the issue of procurement policy should be regulated at the national, European or international levels. The role of EC and WTO law in mediating the tensions between the economic function of procurement and the social uses of procurement is discussed, and the outcomes of controversies concerning the legitimacy of the integration of social values into procurement are analysed. Buying Social Justice argues that European and international legal regulation of procurement has become an important means of accentuating the positive and eliminating the negative in both the social and economic uses of procurement.

In America today, there are between 250 and 300 million firearms in private hands, amounting to one weapon for every American. Two in five American homes house guns. On the one hand, most gun owners are law-abiding citizens who believe they have a constitutional right to bear arms. On the other, a great many people believe gun control to be our best chance at reducing violent crime. While few — whether gun owner or anti-gun advocate — dispute the need to keep guns out of the wrong hands, the most important question has too often been dodged: What gun control options does the most heavily armed democracy in the world have? Can gun control really work? The last decade has seen several watersheds in the debate, none more important than the 1993 Brady Bill. That bill, this book argues, was the culmination of a strategy in place since the 1930s to permit widespread private ownership of guns while curtailing illegal use. But where do we go from here? While the Brady background check is easily circumvented, any further attempts to extend gun control — for instance, through comprehensive licensing of all gun owners and registration of all guns — would pose monumental administrative burdens. The book moves beyond easy slogans and broad-brush ideology to examine the on-the-ground practicalities of gun control, from mandatory safety locks to outright prohibition and disarmament. Casting aside ideology and abstractions, the book cautions against the belief that there exists some gun control solution which, had we the political will to seize it, would substantially reduce violent crime.