Rettsvitenskap

This book charts a path for developing a uniquely South African affirmative action regime. It proposes a transformative approach to affirmative action, one capable of untangling and dismantling the tensions that arise between the South African Constitution's promise of equality and the reality of being the world's most unequal society. Against the background of South Africa's commitment to transformative constitutionalism and substantive equality, the book demonstrates how affirmative action measures can be designed and implemented in a way that tackles deeply ingrained inequality. By examining the affirmative action jurisprudence of the South African Constitutional Court, as well as the courts in Kenya, the United States, Canada, and India, the book outlines how the courts, the legislature and executive policymakers in South Africa should address fundamental questions that arise in the design and implementation of affirmative action. These questions include what affirmative measures should aim to achieve (for what purpose?), how to determine beneficiary groups (for whom?), with a focus on quotas, the permissible forms that affirmative action could take (through what means?), and whether there is a set end-date for affirmative action (for how long?). By illustrating the possibility of a transformative approach to affirmative action, this book responds to the growing critique of affirmative action from both the left and right in South Africa and adds to the global conversation on the utility of affirmative action in the fight to eradicate inequality.

This book is a compilation of papers written by research assistants, PhD students, and senior researchers working on the EVICT project, a European Research Council (ERC) Starting Grant project. The papers in this book enrich our conceptual understanding of the right to adequate housing by expanding on the typology of access rights, occupancy rights, and exit rights to housing. The authors traverse a diverse array of topics, shedding light on pressing issues such as housing shortages, challenges faced by students and minority groups in search of a home, the intricate link between domestic violence and homelessness, the dynamics of the black housing market, the criminalisation of homelessness, evictions, and the relationship between the right to housing and other human rights, such as the right to privacy and the right to property. The papers focus on a broad range of jurisdictions, such as France, Romania, Sweden, Turkey, the Netherlands, Bulgaria, Spain, the United States, and Azerbaijan. Navigating the Right to Housing is the fi fth volume in a series that aims to examine the various aspects of housing law from different academic and professional perspectives.

Uses a comparative perspective to demonstrate how informal institutions and relations shape the composition and performance of courts globally.

Procedural agreements hold the potential to effectively customise and expedite civil proceedings. However, their impact on access to justice, particularly for weaker litigants, and the potential erosion of the court's role raise significant concerns. Despite the growing acceptance of procedural contracts, it is still unclear how courts should interpret and when they should enforce these agreements. This book delves into the critical examination of choice-of-court, evidentiary, costs, appeal, and alternative dispute resolution agreements, offering a discussion on the boundaries between procedural and contract law. It interrogates the entanglements between procedural agreements, flexible procedural rules, case management, and the increasing complexity of litigated cases. Additionally, it examines the interrelations between procedural contracts and current trends in civil litigation, including the obligation of European courts to safeguard consumers against unfair terms and the emergence of international commercial courts. The book provides valuable insights on procedural agreements for both academics and practitioners, illuminating the dynamics of 'contractualisation', 'flexibilisation', 'diversification', and 'arbitralisation' of civil litigation.

This volume contains the proceedings of the 65th Colloquium on the Law of Outer Space held in September 2022, as well as the report of the IISL Standing Committee on the Status of International Agreements Relating to Activities in Outer Space.

Nation-states turn themselves to 'the law' to limit the presence of migrants without a legal status on their territory. Yet, they encounter several limitations that hinder them to make these migrants (forcedly) leave the country. Moreover, these migrants see themselves confronted with undesirable living conditions because of the law. This raises questions on the functioning of the law for unauthorized migrants. Unravelling unauthorized migrants' legal consciousness processes offers answers to the intriguing puzzle of how law matters to these migrants and how this is of concern for the law. Drawing on multi-sited ethnographic fieldwork among 105 (former) unauthorized migrants in the Netherlands, Surinam and Nigeria as well as participant observations in the Dutch immigration system, the study vividly portrays unauthorized migrants' legal consciousness processes over time. By doing so, it gives these people a voice in the migration debate and sheds new light on the powerful and powerless functioning of the law in this domain. By combining insights from anthropology, border criminology and socio-legal studies, the book exposes the legal, moral and instrumental limitations of the current use of the law towards unauthorized migrants.

This open access book is the first volume to provide an in-depth exploration of the potential of a rights-based approach to criminal law. The book presents a comprehensive treatment of the role of rights in criminal law, ranging from conceptual analysis to questions of justified criminalisation, to specific legal implications for substantive criminal law and criminal procedure. While it is often the case that legal philosophy and doctrinal research in law take place largely in isolated discourses, this book brings them together. The collection addresses the academic and practical questions that are related to individual entitlements protected by criminal law, including: - Who currently holds and who should hold a right not to be wronged by others? - Is it a violation of individual rights, rather than the infliction of harm, that constitutes a reason for criminalisation. - Does the idea of interpersonal legal relations contradict the public character of criminal law? The book provides a theoretical framework for the study of consent and sexual offences, investigates the background of ideas of restorative justice, and explores both the victim's and the offender's rights in prosecution and trial.In this way, it sheds new light on the theory of criminal law in the broader sense and makes a lasting contribution to the philosophy of law in general.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

This book offers a comprehensive understanding of Islamic financial regulation, outlining the regulatory landscape in various jurisdictions, examining how it supports the development and foundation of IFIs and addressing the regulation and supervision of IFIs from a global perspective.

This volume originates from the fourth Public Law Conference, held in Dublin in 2022. Leading scholars and judges from across the common law world presented papers on the making (and re-making) of public law across country studies, historical studies and studies of contemporary and future issues.The book has three broad categories of paper: country studies which consider the evolution of public law within a particular jurisdictional context; historical studies, which shed light on the foundations of public law; and studies of contemporary and future issues, namely populism, COVID-19, protection of Indigenous peoples, and the public-private divide.

Bassett's Environmental Health Procedures is an established and essential reference source which provides an accessible entry into enforcement and administrative procedures for environmental health.

Part 2. Title 7 presents regulations governing the Office of the Secretary of Agriculture and forty subordinate departments and agencies. Regulated activities include marketing services, food and consumer services, crop insurance, plant and animal inspection, agricultural research, natural resources, etc.

Part 1. Title 5 presents the rules and regulations governing civil service and other employees of the executive branch departments and agencies. The 77 chapters cover the scope of procedures by organizational entity.

State Trials, Volume II (first published in 1972) contains cases concerned with witchcraft, the scandals of the prisons, and colonial administration gathered from the full edition of State Trials completed in 1826. The author has selected some of the most interesting and important trials for this volume.

State Trials, Volume I (first published in 1972) contains cases concerned with treason and the freedom of press gathered from the full edition of State Trials completed in 1826. The author has selected some of the most interesting and important trials for this volume.

Explores law's constructions of time, illuminating key problems for sexual consent law and offering potential solutions.

Cryptocurrencies and digital assets have continued to gain widespread acceptance from both retail and institutional investors. As part of this continued growth, there has been an unfortunate series of ongoing and increasingly sophisticated frauds, Ponzi schemes, and hacks that have cost investors billions of dollars. Since the publication of the original Cryptocurrency and Digital Asset Fraud Casebook, conservative estimates indicate that there have been thousands of new digital asset fraud cases that have contributed to billions in broadening losses in space. Beyond the digital asset space, cryptocurrency-related scams also continue to present increasingly meaningful threats to traditional finance institutions, the global economy, and national security, as well.These new challenges, combined with the ongoing evolving regulatory environment for digital assets, create an environment where there is a continued need for the up-to-date information and analysis of real-world case studies. It includes an up-to-date analysis of recent case studies in cryptocurrency and digital asset fraud alongside an analysis of recent decentralized finance (DeFi) hacks, smart contract attacks, and rug pulls. This book reviews the impact of digital asset bankruptcies, the FTX fraud, and the industry-wide post-FTX fallout on the growth of cryptocurrency fraud. It also examines the explosive growth of cryptocurrency romance scams, pig butchering, and related organized crime money laundering efforts and includes a related exclusive case study. Offering an in-depth examination of digital asset frauds in the gaming, metaverse, and NFT spaces, it also covers Decentralized Autonomous Organization (DAO) fraud, smart contract attacks, dApp scams, crypto asset manager investment fraud, mining fraud, honeypots, meme coins, and artificial intelligence-based digital asset fraud. Leveraging the author¿s experience analyzing and implementing compliance and operations best practices with a variety of cryptocurrency and digital asset projects and consulting with international regulators on blockchain and digital asset policy, this book will be of interest to those working throughout the cryptocurrency and digital asset space including Web 3.0 builders and service providers including lawyers, auditors, blockchain infrastructure, regulators, governments, retail investors, and institutional investors.

This accessible guide to navigating all aspects of the law as an autistic person will offer helpful advice and useful resources, alongside an overview of the current research on the impact of being autistic from a legal standpoint. Written by a leading author and researcher on autism with contributions from an autistic legal expert, this definitive handbook covers the legal rights of autistic children and adults and their families across the lifespan, offering guidance on accessing relevant services interspersed with significant case studies. Aimed at families, professionals and anyone interested in advocating the rights of autistic people, chapters will cover employment, the criminal justice system, bullying and harassment, sexuality, mis-medication and the rights of older autistic adults. Cover design by Daisy Whittle

To date, most cases settle in both civil and criminal justice. The traditional trial-focused role of judges has vastly changed, remaining largely unformulated. This book uncovers today's judicial role through multiple research methods, and will be an invaluable resource for researchers in jurisprudence and criminal justice, and practitioners.

An Introduction to the Soviet Legal System (1969) sets the main features of modern Soviet law against their background in Russian legal history and Marxist political thought. Important constitutional provisions are examined in detail and their value in practice considered.

Marxist Ideology and Soviet Criminal Law (1980) is about differences between theory and practice in the Soviet Union. It looks at the ways in which the theory of Marx has changed and been changed, through the lens of criminal law- the major way in which social controls are exercised by the State.