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Books > Law > Jurisprudence & general issues > Law & society

Lawfare - Judging Politics In South Africa (Paperback): Michelle Le Roux, Dennis Davis Lawfare - Judging Politics In South Africa (Paperback)
Michelle Le Roux, Dennis Davis; Foreword by Pravin Gordhan
R275 R220 Discovery Miles 2 200 Save R55 (20%) Ships in 5 - 10 working days

Throughout the past 50 years, the courts have been a battleground for contesting political forces as more and more conflicts that were once fought in Parliament or in streets, or through strikes and media campaigns, find their way to the judiciary.

Certainly, the legal system was used by both the apartheid state and its opponents. But it is in the post-apartheid era, and in particular under the rule of President Jacob Zuma, that we have witnessed a dramatic increase in ‘lawfare’: the migration of politics to the courts.

The authors show through a series of case studies how just about every aspect of political life ends up in court: the arms deal, the demise of the Scorpions, the Cabinet reshuffle, the expulsion of the EFF from Parliament, the nuclear procurement process, the Cape Town mayor…

Rule Of Law - A Memoir (Paperback): Glynnis Breytenbach, Nechama Brodie Rule Of Law - A Memoir (Paperback)
Glynnis Breytenbach, Nechama Brodie 2
R285 R236 Discovery Miles 2 360 Save R49 (17%) Ships in 5 - 10 working days

In Rule Of Law, Glynnis Breytenbach reflects back on her career as a prosecutor, including specific cases she has tried, and on her life to provide a fascinating commentary on the importance of the independence of judicial institutions and the precariousness of this independence.

Her current challenges are directly linked to how outspoken she is and how she continues to campaign fiercely for the rule of law in this country.

The Secret Magistrate (Paperback): Anonymous The Secret Magistrate (Paperback)
Anonymous
R314 Discovery Miles 3 140 Ships in 10 - 15 working days

Every criminal case starts in a magistrates' court, and most end there. Last year, the 14,000 magistrates of England & Wales dealt with almost 1.4 million cases. But, what exactly does a magistrate do, who are they, and how are they recruited and trained? Are they out-of-touch and unrepresentative, or still fit for purpose with a role to play in today's increasingly sophisticated and complex judicial system? The Secret Magistrate takes the reader on an eye-opening, behind-the-scenes tour of a year in the life of an inner-city magistrate. Chapters cover a variety of cases including the disqualified driver who drove away from court, the Sunbed Pervert, and Fifi the Attack Chihuahua. Foreword by Malcolm Richardson OBE | Chair, Magistrates Association, 2015-17

Law Of Intellectual Property In South Africa (Paperback, 2nd): Hennie Klopper, Tana Pistorius, Brian Rutherford, Lee-Ann Tong,... Law Of Intellectual Property In South Africa (Paperback, 2nd)
Hennie Klopper, Tana Pistorius, Brian Rutherford, Lee-Ann Tong, Pieter van der Spuy, …
R825 R728 Discovery Miles 7 280 Save R97 (12%) Ships in 10 - 15 working days

The growing importance of this area of law both locally and internationally has prompted a number of local academics to pool their knowledge in compiling a book that not only deals with the core aspects of the law but also covers developing aspects that are drawing substantial attention both internationally and locally.

This book makes a major contribution to the surveys of intellectual property that already exist.

Realising the Right to Basic Education: The Role of the Courts and Civil Society (Paperback): Faranaaz Veriava Realising the Right to Basic Education: The Role of the Courts and Civil Society (Paperback)
Faranaaz Veriava
R326 R287 Discovery Miles 2 870 Save R39 (12%) Ships in 4 - 8 working days

Realising the Right to Basic Education examines the crucial roles of civil society and the courts in developing the right to education in South Africa amid substantial and persistent inequalities in education provisioning. Unlike other socio-economic rights in the Constitution, the right to basic education is framed as an unqualified right - it is not subject to qualifiers such as 'progressive realisation' and 'within the state's available resources'. Yet, two and a half decades into South Africa's constitutional democracy, the apartheid legacy of unequal education still lingers. Poor, predominantly black learners continue to attend historically disadvantaged schools that are often severely under-resourced, producing poor learner outcomes. This has given rise to a wave of civil society activism since around 2008 - and organisations have been utilising legal mobilisation as a key tool to effect change in historically disadvantaged schools. The litigation initiated by these organisations has contributed to a rich and evolving jurisprudence on the right to basic education as a substantive right. However, in a significant number of these cases, the relevant education departments have not complied with court orders, requiring litigants to seek increasingly innovative, experimentalist and even coercive remedies to ensure that judgments are implemented. Realising the Right to Basic Education presents an overview of these education-provisioning cases and the roles played by civil society and the courts. It analyses the contribution of these two role-players in the normative development of the right to basic education. The book also aims to identify a viable framework for interpreting the right to basic education - one that can guide South Africa towards adequate education provisioning and, ultimately, facilitate transformation of basic education in South Africa's historically disadvantaged schools.

Arthur Chaskalson - A Life Dedicated To Justice For All (Hardcover): Stephen Ellman Arthur Chaskalson - A Life Dedicated To Justice For All (Hardcover)
Stephen Ellman
R550 R435 Discovery Miles 4 350 Save R115 (21%) Ships in 7 - 10 working days

Arthur Chaskalson: A Life Dedicated to Justice for All is a biography of a remarkable life lived in service both to law and to the struggle for social change and justice. The social change it describes is the victory over apartheid, which was won on several fronts and through the efforts of people in many nations, but an important one of those fronts lay in the courts of South Africa itself.

Arthur Chaskalson’s life story and the four phases of his remarkable career – advocate at the Johannesburg Bar; founder and leader of the Legal Resources Centre; his involvement in the constitution-making process; and his term as the first Chief Justice of South Africa’s Constitutional Court – embody the story of law in the struggle against apartheid and then in a newly created democracy. At the same time, Chaskalson’s chronicle is also individual, the shaping of the moral intelligence of a lawyer and a judge, trusted by everyone he dealt with, through the fires of a lifetime’s opposition to a society’s injustice.

In exploring Chaskalson’s life and career, we appreciate more clearly the roles lawyers can play in social change and the achievement of a just social order, and at the same time we gain insight into the combination of upbringing, experience and character that shapes a man first into a ‘cause lawyer’ and then into a path-breaking and foundation-laying judge.

Populism On Trial - What Happens When Trust in Law Breaks Down (Hardcover): Inigo Bing Populism On Trial - What Happens When Trust in Law Breaks Down (Hardcover)
Inigo Bing
R532 R439 Discovery Miles 4 390 Save R93 (17%) Ships in 10 - 15 working days

In recent years a new form of populism has taken hold of our politics, turning Britain into an increasingly intolerant and fractious country. As our society grapples with the threat posed by terrorism and the uncertainty that has followed the Brexit referendum and the coronavirus pandemic, cracks have begun to appear in the very foundations of our liberal democracy; the values that we once regarded as sacred are being called into question. Former barrister and judge Inigo Bing examines how the bonds of trust between the British people and our democratic institutions have broken down and the principles that underpin the rule of law are under threat from populist politics. Populism on Trial analyses how politicians have shown an increasing contempt for the principle of judicial independence as they attempt to exercise unrestrained power. Bing seeks to remind us that without law we have only power, and power without law is tyranny. He demonstrates how the rule of law is a fragile yet essential ingredient in our democracy and argues that it must be vigorously upheld or it will be cast aside by the rising tide of populism

Research Handbook on Austrian Law and Economics (Paperback): Todd J. Zywicki, Peter J. Boettke Research Handbook on Austrian Law and Economics (Paperback)
Todd J. Zywicki, Peter J. Boettke
R1,201 Discovery Miles 12 010 Ships in 10 - 15 working days

The original contributions in this Research Handbook provide an introduction to the application of Austrian economics to law. The book begins with chapters on the methodology of law and economics before moving on to chapters which discuss key concepts in Austrian economics such as: dynamic competitive processes, spontaneous order, subjective value, entrepreneurship, and the limited nature of individual knowledge - as they relate to topics in evolutionary law and basic law. This book presents contributions from both economists and legal scholars on topics ranging from methodology of analysis and the evolution of contemporary legal practice, to the teachings of basic law. Taken as a whole, this Research Handbook provides a strong overview of contemporary research in the Austrian school of law and economics. It is an approach that reflects both the examination of how alternative legal arrangements impact economic performance, and how to use the tools of basic economic reasoning to study the operation of legal rules. Scholars working in the fields of law, jurisprudence, economics, and public policy will find this an important resource on the cutting edge of Austrian political economy in application to law and economics.

Judging Judges - Values and the Rule of Law (Hardcover): Jason E. Whitehead Judging Judges - Values and the Rule of Law (Hardcover)
Jason E. Whitehead
R1,271 Discovery Miles 12 710 Ships in 7 - 11 working days

The "rule of law" stands at the heart of the American legal system. But the rule of law does not require judges slavishly to follow the letter of the law, unaffected by political or social influences. Because following the rule of law absolutely is impossible, it is dismissed by the public as a myth and judges are vilified.

Judging Judges refocuses and elevates the debate over judges and the rule of law by showing that personal and professional values matter. Jason E. Whitehead demonstrates that the rule of law depends on a socially constructed attitude of legal obligation that spawns objective rules. Intensive interviews of judges reveal the value systems that uphold or undermine the attitude of legal obligation so central to the rule of law. This focus on the social practices undergirding these value systems demonstrates that the rule of law is ultimately a matter of social trust rather than textual constraints. Whitehead's unique combination of philosophical and empirical investigation is a major advance because it moves beyond the dichotomy of law or politics and shows that the rule of law is a shared social enterprise involving all of society--judges, politicians, scholars, and ordinary citizens alike. Judging Judges' attention to judicial values establishes judges' true worth in a liberal democracy.

Comparative Law and Anthropology (Paperback): James A.R. Nafziger Comparative Law and Anthropology (Paperback)
James A.R. Nafziger
R1,214 Discovery Miles 12 140 Ships in 10 - 15 working days

This cutting-edge Research Handbook, at the intersection of comparative law and anthropology, explores mutually enriching insights and outlooks. The 20 contributors, including several of the most eminent scholars, as well as new voices, offer diverse expertise, national backgrounds and professional experience. Their overall approach is "ground up" without regard to unified paradigms of research or objects of study. Through a pluralistic definition of law and multidisciplinary approaches, Comparative Law and Anthropology significantly advances both theory and practice. The Research Handbook's expansive concept of comparative law blends a traditional geographical orientation with historical and jurisprudential dimensions within a broad range of contexts of anthropological inquiry, from indigenous communities, to law schools and transitional societies. This comprehensive and original collection of diverse writings about anthropology and the law around the world offers an inspiring but realistic source for legal scholars, anthropologists and policy-makers.

Research Handbook on Law and Religion (Hardcover): Rex Ahdar Research Handbook on Law and Religion (Hardcover)
Rex Ahdar
R5,467 Discovery Miles 54 670 Ships in 10 - 15 working days

Offering an interdisciplinary, international and philosophical perspective, this comprehensive Research Handbook explores both perennial and recent legal issues that concern the modern state and its interaction with religious communities and individuals. Providing in-depth, original analysis the book includes studies of a wide array of nation states, such as India and Turkey, which each have their own complex issues centred on law, religion and the interactions between the two. Longstanding issues of religious liberty are explored such as the right of conscientious objection, religious confession privilege and the wearing of religious apparel. The contested meanings of the secular state and religious neutrality are revisited from different perspectives and the reality of the international human rights protections for religious freedom are analysed. Timely and astute, this discerning Research Handbook will be a valuable resource for both academics and researchers interested in the many topics surrounding law and religion. Lawyers and practitioners will also appreciate the clarity with which the rights of religious liberty, and the challenges in making these compatible with state law, are presented.

Empirical Legal Research - A Guidance Book for Lawyers, Legislators and Regulators (Paperback): Frans L. Leeuw Empirical Legal Research - A Guidance Book for Lawyers, Legislators and Regulators (Paperback)
Frans L. Leeuw; As told to Hans Schmeets
R869 Discovery Miles 8 690 Ships in 10 - 15 working days

Empirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies and other legal arrangements at play in society. It is invaluable as a guide to legal scholars, practitioners and students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics and empirically informed ethics. The authors present an overview of the roots of this blossoming interdisciplinary domain, going back to legal realism, the fields of law, economics and the social sciences, and also to civilology and evaluation studies. The book addresses not only data analysis and statistics, but also how to formulate adequate research problems, to use (and test) different types of theories (explanatory and intervention theories) and to apply new forms of literature research to the field of law such as the systematic, rapid and realist reviews and synthesis studies. The choice and architecture of research designs, the collection of data, including Big Data, and how to analyze and visualize data are also covered. The book discusses the tensions between the normative character of law and legal issues and the descriptive and causal character of empirical legal research, and suggests ways to help handle this seeming disconnect. This comprehensive guide is vital reading for law practitioners as well as for students and researchers dealing with regulation, legislation and other legal arrangements.

Risk, Resilience, Inequality and Environmental Law (Paperback): Bridget M. Hutter Risk, Resilience, Inequality and Environmental Law (Paperback)
Bridget M. Hutter
R942 Discovery Miles 9 420 Ships in 10 - 15 working days

The environmental challenges of the twenty-first century have raised profound questions regarding the suitability of environmental law to manage the many complex issues at hand. This insightful book considers how the law has adapted to address these challenges and considers the ways in which it might be used to cope with environmental risks and uncertainties, whilst also promoting resilience and greater equality. The book uses a multi-disciplinary approach to address the compatibility of law with the notions of risk and resilience, it scrutinises how capable these approaches are to effect equitable solutions to environmental risks, and it raises important questions about multi-level and participatory governance. Key chapters examine a variety of global experiments in countries such as China and countries in Latin America, to generate further governance of the environment, improve the available legal tools and give a voice to more diverse groups. Students and scholars across a variety of fields such as environmental studies, socio-legal studies, law, and risk regulation will find this an stimulating read. Senior policy-makers in central and local government, regulators and risk managers will also find this book imperative in their efforts to manage the dilemmas of environmental control.

Myth and meaning - San-Bushman folklore in global context (Paperback): J.D. Lewis-Williams Myth and meaning - San-Bushman folklore in global context (Paperback)
J.D. Lewis-Williams
R386 R340 Discovery Miles 3 400 Save R46 (12%) Ships in 4 - 8 working days

J.D. Lewis-Williams, a leading South African archaeologist and ethnographer, examines the complex myths of the San-Bushmen to create a larger theory of how myth is used in cultures worldwide. Exploring ethnographic, archival and archaeological lines of research, he extracts the `nuggets', the far-reaching but often unspoken words and concepts of language and understanding that are opaque to outsiders, to establish a more nuanced theory of the role of these myths in the thought-world and social circumstances of the San. The book draws from the author's own work, the unique 19th-century Bleek & Lloyd archive, more recent ethnographic work, and San rock art and includes well-known San stories such as The broken string, Mantis dreams, and Creation of the eland.

Law Of Persons (Paperback, 6th Edition): Trynie Boezaart Law Of Persons (Paperback, 6th Edition)
Trynie Boezaart
R526 R456 Discovery Miles 4 560 Save R70 (13%) Ships in 4 - 8 working days

Law Of Persons, now in its sixth edition, has become a standard text on the South African law of persons. The book was first published in 1995, just after the dawn of South Africa’s first democratic dispensation. The book constitutes a general and fully referenced source on the law of persons, and reflects the transformation of the law of persons in line with the values entrenched in the Constitution of the Republic of South Africa, 1996, with specific reference to the Bill of Rights.

First-year students will derive the most benefit from Law of Persons if the book is used in conjunction with the Law of Persons Sourcebook.

Contents Include:

  • Table of Cases
  • Table of Statutes
  • Definition of concepts
  • Beginning of legal subjectivity
  • Domicile
  • Effect of age on status
  • Children of unmarried parents
  • Diverse factors which influence status
  • Termination of legal subjectivity
  • Index
Law and Leviathan - Redeeming the Administrative State (Hardcover): Cass R. Sunstein, Adrian Vermeule Law and Leviathan - Redeeming the Administrative State (Hardcover)
Cass R. Sunstein, Adrian Vermeule
R538 R479 Discovery Miles 4 790 Save R59 (11%) Ships in 10 - 15 working days

From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as "the deep state." Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

Gambling Regulation and Vulnerability (Hardcover): Malgorzata A. Carran Gambling Regulation and Vulnerability (Hardcover)
Malgorzata A. Carran
R2,907 Discovery Miles 29 070 Ships in 10 - 15 working days

Since the UK Gambling Act of 2005 was introduced, gambling has stopped being seen, politically and legally as an inherent vice and is now viewed as a legitimate form of entertainment. Gambling Regulation and Vulnerability explores the laws around gambling that aim to protect society and individuals, examining the differences between regulatory rhetoric and the impact of legislative and regulatory measures. Malgorzata Carran finds that although the Gambling Act introduced many positive changes to gambling regulation, it has created an environment in which protection of vulnerable individuals becomes difficult. Carran challenges the existing legislative premise that regulation alone is able to balance the effect of liberalisation for those who are vulnerable. Uniquely, this book's findings are underpinned by empirical data from focus groups carried out with children and young people in secondary schools. The young people interviewed have experienced the transition from a contained, to liberalised gambling industry and unless there is a reversal in policy, no comparable empirical data is ever likely to be collected. This title will appeal to academics exploring regulation, sociology, and law and society. Similarly, regulators and those working with the gambling industry will find this an insightful and illuminating text.

The Legal Process and the Promise of Justice - Studies Inspired by the Work of Malcolm Feeley (Hardcover): Rosann Greenspan,... The Legal Process and the Promise of Justice - Studies Inspired by the Work of Malcolm Feeley (Hardcover)
Rosann Greenspan, Hadar Aviram, Jonathan Simon
R1,982 Discovery Miles 19 820 Ships in 10 - 15 working days

Malcolm Feeley, one of the founding giants of the law and society field, is also one of its most exciting, diverse, and contemporary scholars. His works have examined criminal courts, prison reform, the legal profession, legal professionalism, and a variety of other important topics of enduring theoretical interest with a keen eye for the practical implications. In this volume, The Legal Process and the Promise of Justice, an eminent group of contemporary law and society scholars offer fresh and original analyzes of his work. They asses the legacy of Feeley's theoretical innovations, put his findings to the test of time, and provide provocative historical and international perspectives for his insights. This collection of original essays not only draws attention to Professor Feeley's seminal writings but also to the theories and ideas of others who, inspired by Feeley, have explored how courts and the legal process really work to provide a promise of justice.

Comparative Law and Anthropology (Hardcover): James A.R. Nafziger Comparative Law and Anthropology (Hardcover)
James A.R. Nafziger
R5,441 Discovery Miles 54 410 Ships in 10 - 15 working days

This cutting-edge Research Handbook, at the intersection of comparative law and anthropology, explores mutually enriching insights and outlooks. The 20 contributors, including several of the most eminent scholars, as well as new voices, offer diverse expertise, national backgrounds and professional experience. Their overall approach is "ground up" without regard to unified paradigms of research or objects of study. Through a pluralistic definition of law and multidisciplinary approaches, Comparative Law and Anthropology significantly advances both theory and practice. The Research Handbook's expansive concept of comparative law blends a traditional geographical orientation with historical and jurisprudential dimensions within a broad range of contexts of anthropological inquiry, from indigenous communities, to law schools and transitional societies. This comprehensive and original collection of diverse writings about anthropology and the law around the world offers an inspiring but realistic source for legal scholars, anthropologists and policy-makers.

Retribution (Hardcover, New Ed): Thom Brooks Retribution (Hardcover, New Ed)
Thom Brooks
R5,313 Discovery Miles 53 130 Ships in 10 - 15 working days

Retribution is perhaps the most popular contemporary theory about punishment and has enjoyed enduring appeal as the oldest, even most venerable, penal theory with its strong ancient roots. Retribution is understood in many different ways, but the standard view of retribution is that punishment is justified where it is deserved and an offender should be punished in proportion to his desert. In this volume, retributivism is examined from various critical perspectives, including its diversity, relation with desert, the link between desert and proportionality, retributivist emotions and the idea of mercy. The theory of retribution has been the subject of a revival of interest in recent years and the essays selected for this volume are the leading works on retribution from the dominant international figures in the field.

The Narrow Corridor - How Nations Struggle for Liberty (Paperback): Daron Acemoglu, James A. Robinson The Narrow Corridor - How Nations Struggle for Liberty (Paperback)
Daron Acemoglu, James A. Robinson
R350 R280 Discovery Miles 2 800 Save R70 (20%) Ships in 5 - 10 working days

One of the Financial Times' Best Books of 2019 One of Kirkus Reviews' Best Books of 2019 Shortlisted for the Lionel Gelber Prize 'As enjoyable as it is thought-provoking' Jared Diamond By the authors of the international bestseller Why Nations Fail, based on decades of research, this powerful new big-picture framework explains how some countries develop towards and provide liberty while others fall to despotism, anarchy or asphyxiating norms - and explains how liberty can thrive despite new threats. Liberty is hardly the 'natural' order of things; usually states have been either too weak to protect individuals or too strong for people to protect themselves from despotism. There is also a happy Western myth that where liberty exists, it's a steady state, arrived at by 'enlightenment'. But liberty emerges only when a delicate and incessant balance is struck between state and society - between elites and citizens. This struggle becomes self-reinforcing, inducing both state and society to develop a richer array of capacities, thus affecting the peacefulness of societies, the success of economies and how people experience their daily lives. Explaining this new framework through compelling stories from around the world, in history and from today - and through a single diagram on which the development of any state can be plotted - this masterpiece helps us understand the past and present, and analyse the future. 'In this highly original and gratifying fresco, Daron Acemoglu and Jim Robinson take us on a journey through civilizations, time and locations. Their narrow corridor depicts the constant and often unstable struggle of society to keep the Leviathan in check and of the Leviathan to weaken the cage of norms. A remarkable achievement that only they could pull off and that seems destined to repeat the stellar performance of Why Nations Fail' Jean Tirole, Nobel Laureate in Economics, 2014 'Another outstanding, insightful book by Acemoglu and Robinson on the importance and difficulty of getting and maintaining a successful democratic state. Packed with examples and analysis, it is a pleasure to read' Peter Diamond, Nobel Laureate in Economics, 2010 'The Narrow Corridor takes us on a fascinating journey, across continents and through human history, to discover the critical ingredient of liberty. It finds that it's up to each of us: that ingredient is our own commitments, as citizens, to support democratic values. In these times, there can be no more important message - nor any more important book' George Akerlof, Nobel Laureate in Economics, 2001 'How should we view the current challenges facing our democracies? This brilliant, timely book offers a simple, powerful framework for assessing alternative forms of social governance. The analysis is a reminder that it takes vigilance to maintain a proper balance between the state and society - to stay in the 'narrow corridor' - and avoid falling either into statelessness or dictatorship' Bengt Holmstrom, Nobel Laureate in Economics, 2016

Labour Law, Vulnerability and the Regulation of Precarious Work (Hardcover): Lisa Rodgers Labour Law, Vulnerability and the Regulation of Precarious Work (Hardcover)
Lisa Rodgers
R2,588 Discovery Miles 25 880 Ships in 10 - 15 working days

The shifting nature of employment practice towards the use of more precarious work forms has caused a crisis in classical labour law and engendered a new wave of regulation. This timely book deftly uses this crisis as an opportunity to explore the notion of precariousness or vulnerability in employment relationships. Arguing that the idea of vulnerability has been under-theorised in the labour law literature, Lisa Rodgers illustrates how this extends to the design of regulation for precarious work. The book's logical structure situates vulnerability in its developmental context before moving on to examine the goals of the regulation of labour law for vulnerability, its current status in the law and case studies of vulnerability such as temporary agency work and domestic work. These threads are astutely drawn together to show the need for a shift in focus towards workers as 'vulnerable subjects' in all their complexity in order to better inform labour law policy and practice more generally. Constructively critical, Labour Law, Vulnerability and the Regulation of Precarious Work will prove invaluable to students and scholars of labour and employment law at local, EU and international levels. With its challenge to orthodox thinking and proposals for the improvement of the regulation of labour law, labour law institutions will also find this book of great interest and value.

Plausible Crime Stories - The Legal History of Sexual Offences in Mandate Palestine (Hardcover): Orna Alyagon Darr Plausible Crime Stories - The Legal History of Sexual Offences in Mandate Palestine (Hardcover)
Orna Alyagon Darr
R1,974 Discovery Miles 19 740 Ships in 10 - 15 working days

Plausible Crime Stories is not only the first in-depth study of the history of sex offences in Mandate Palestine but it also pioneers an approach to the historical study of criminal law and proof that focuses on plausibility. Doctrinal rules of evidence only partially explain which crime stories make sense while others fail to convince. Since plausibility is predicated on commonly held systems of belief, it not only provides a key to the meanings individual social players ascribe to the law but also yields insight into communal perceptions of the legal system, self-identity, the essence of normality and deviance and notions of gender, morality, nationality, ethnicity, age, religion and other cultural institutions. Using archival materials, including documents relating to 147 criminal court cases, this socio-legal study of plausibility opens a window onto a broad societal view of past beliefs, dispositions, mentalities, tensions, emotions, boundaries and hierarchies.

Legalized Families in the Era of Bordered Globalization (Paperback): Daphna Hacker Legalized Families in the Era of Bordered Globalization (Paperback)
Daphna Hacker
R895 R706 Discovery Miles 7 060 Save R189 (21%) Ships in 7 - 11 working days

Providing a panoramic and interdisciplinary perspective, this book explores the interrelations between globalization, borders, families and the law. It considers the role of international, multi-national and religious laws in shaping the lives of the millions of families that are affected by the opportunities and challenges created by globalization, and the ongoing resilience of national borders and cultural boundaries. Examining familial life-span stages - establishing spousal relations, raising children and being cared for in old age - Hacker demonstrates the fruitfulness in studying families beyond the borders of national family law, and highlights the relevance of immigration and citizenship law, public and private international law and other branches of law. This book provides a rich empirical description of families in our era. It is relevant not only to legal scholars and practitioners but also to scholars and students within the sociology of the family, globalization studies, border studies, immigration studies and gender studies.

Labour Regulation and Development - Socio-Legal Perspectives (Hardcover): Shelley Marshall, Colin Fenwick Labour Regulation and Development - Socio-Legal Perspectives (Hardcover)
Shelley Marshall, Colin Fenwick
R3,189 Discovery Miles 31 890 Ships in 10 - 15 working days

This book is an exploration of arguments about the economic and social effects of the regulation of labour, and whether it is likely to be helpful or harmful to development. Authored by contributors from a variety of fields, primarily legal as well as development studies, economics and regulatory studies, the book presents both empirical and theoretical analyses of the issues. With authors from several continents, this collection is unique in that it focuses on labour regulation in poor and middle-income countries rather than industrialised ones, therefore making it a significant contribution to the field. In large part, the authors conclude that regulation of labour can play a positive role in promoting social and economic development, especially over time. Effective regulation has the potential to promote democratic engagement at work and beyond. However, its impact is dependent on how much its design grapples with the particular arrangements of work occurring within different industries, reflecting the nature of development and social relations within that country. Contributors emphasise that regulation needs to be adapted to the challenges presented by non-standard employment relations, changes in the structure of work and the rise of global value chains. This collection's exploration of labour regulation in developing countries will be of interest to labour law scholars and teachers, and to policy-makers in the field of labour regulation - especially in the global South - as well as to technical advisers and those engaged in the practice of industrial relations.

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