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Powell J: Belonging Without Othering

Belonging Without Othering

How We Save Ourselves and the World

1. Othering and Belonging 2. Marginality and the Other 3. From Us to Them 4. Fear of the Other, Rise of the Demagogue 5. Toward Belonging 6. From the Other to the Self(ves) 7. Hope for an Uncertain Future The Mechanics of Othering

Themes and Perspectives

The Basic Structure Doctrine in Malaysia

Law, Policy and Practice

Housing Debt and Home Loss

This volume explores in detail the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. Building on the findings of Good Faith and Relational Contracts (Hart, 2024) the book discusses the implications of relational contract theory and good faith for issues such as liquidated damages clauses, discretion to terminate a contract, contract forfeiture, employment contracts and contractual remedies. The author discusses the potential for good faith to unite a number of currently disparate contract law and equitable principles into a coherent framework, providing an opportunity to question and jettison some archaic aspects of existing doctrine that are no longer defensible. Ambitious and thoughtful, this is a significant statement on the role of good faith in private law.

Application to Specific Principles

Good Faith and Relational Contracts, Volume 2

Form, Character and Nature

The United Nations Security Council and the Authorisation of Force

Organizational Crime

This timely study offers a concise, yet thorough, introduction to the illicit arms trade. The main theme of the book confronts the complex reality, that while it is proper to think of two separate trades in arms--legal and illegal--in practice there is a considerable overlap between the two. Drawing on a wide range of primary sources, Phythian argues that the lessons of the most important and extensive cases of the last 20 years suggest that a significant element of the illicit trade in arms has in fact been sanctioned at some level of government in the pursuit of broader security or geopolitical ends.

Offering a concise, yet thorough, introduction to the illicit arms trade, the main theme of this significant volume confronts the complex reality that while it is proper to think of two separate trades in arms, legal and illegal, in practice there is a considerable overlap between the two. Although this overlap is sometimes distinguished by referring to 'black' (wholly illegal) and 'grey' (semi-legal) markets, this book situates all of these transactions along a continuum under the banner of the 'illicit arms trade'. Drawing on a wide range of primary sources, Mark Phythian argues that the lessons of the most important and extensive cases of the last fifteen to twenty years suggest that a significant element of the illicit trade in arms has in fact been sanctioned at some level of government, in the pursuit of broader security or geopolitical ends.

Understanding the Illicit Arms Trade

The Business of Arms

Does parole have a future? If it does, can we begin to imagine a different path? Is progressive penal reform possible, or has the time come to consider more radical alternatives in a context where there is little, if any, consensus on the underlying aims and techniques of contemporary prison release? What does this all mean for the prisoners, families, victims and publics upon whose confidence the parole system ultimately depends? This book brings together a world-leading panel of 27 experts who draw upon insights from law, sociology, criminology and political science to explore these pressing questions. At a time when many parole systems are experiencing considerable strain, the aims of this collection are twofold: first, to encourage systematic and critical reflection on the rationalities, institutions and practices of parole. Second, to think big, and pose ambitious 'what if' questions about the possible futures of parole and prison release. Offering novel insights from Asia, Australia, Europe, North America and South America, this collection builds the case for, and then showcases, a 'way of doing' parole research that is global in outlook, interdisciplinary in approach and unapologetically normative in character.

Rationalities, Institutions and Practices

Parole Futures

This book presents cutting-edge analysis of one of the most significant constitutional crises in recent British history: the prolonged and intense struggle between government and parliament for control over Brexit. It argues the crisis was very largely caused by the emergence of an Executive-centric approach to governance it dubs 'Whitehall Plus', and the strong parliamentary-push back it both provoked and responded to. The book shows how the crisis exposed and widened deep fault-lines running through core doctrines and practices of the British constitution - profound disagreements long held unresolved and in abeyance, but which exploded into high-octane conflict during the period.

How Brexit Revealed Deep Fault-Lines in the British Constitution

Constitutional Fracture

This book sheds light on the under-examined theme of the drafting of equality rights in constitutional bills of rights. It focuses on three jurisdictions where equality has been central to constitutional debate: South Africa, Canada, Northern Ireland. Avoiding the tendency in much of comparative constitutional law literature to focus on the work of courts, this work draws on empirical research to provide a comprehensive account of the different aspects of the drafting process and difficulties societies face when designing equality rights in bills of rights. The book does this by providing the first systematic analysis of three jurisdictions (South Africa, Canada and Northern Ireland) which have adopted, or debated the adoption of, bills of rights. This is a timely and fascinating book which will help shape and share comparative constitutional scholarship. The book demonstrates how the drafting of an equality provision in bills of rights must be understood against the local background political context in which it is immersed. As the book contains a structured comparison of three countries, it has a wide reach: it provides an essential guide for human rights campaigners, the community and voluntary sector, constitutional law practitioners, the international community, politicians and government, academics and students who wish to know more about the importance of the drafting process and, in particular, the choices raised in drafting equality rights provisions. It is in this context that the comparative experience of the three chosen jurisdictions is indispensable and relevant.

Shines a light on the under-examined theme of the drafting of equality rights in constitutional bills of rights.

The Drafting of Bills of Rights

Negotiating Social Justice

Diverse Voices in Intellectual Property Law

The number of Black state and federal judges has grown considerably in the post-Civil Rights Era. They are, in fact, the second most represented group of judges in the state and federal courts. Furthermore, historic appointments of Black men and women to the federal judiciary, including Ketanji Brown Jackson, as well as generally increased calls for the diversification of the courts in recent years have renewed questions about judicial representation. What does having more Black judges in courthouses and communities mean for the political representation of Black people and Black interests? &nbsp;&nbsp;In Robed Representatives, Taneisha Means Davis offers new insights into the lives, identity politics, and actions of Black state court judges. The narratives centered in the book reveal an identity-to-politics link that exists among Black judges that lead them to represent their group interests. This link is corroborated with data that highlights numerous previously unidentified manifestations of racial representation in the legal system. Means demonstrates that only through exploration of the lives, identities, and behaviors of historically underrepresented judges will it be possible to arrive at a comprehensive understanding of the importance—and limitations—of racial diversity in the courts.

How Black Judges Advocate in American Courts

Robed Representatives

This book is concerned with the practical, ethical and political realities of critical research around state punishment. Based on a series of interviews conducted with researchers within and outside of academia, it aims to capture the personal challenges, ethical dilemmas, practical obstacles, positive rewards and (potential or actual) harmful effects of undertaking critical research concerned with state punishment. It essential reading for undergraduate and postgraduate students of criminology, media, sociology, journalism, film studies, and cultural studies.

This book is concerned with the practical, ethical and political realities of critical research around state punishment. By definition, critical research is a dynamic and political process which recognizes the broad structural contexts within which human action takes place. Critical researchers argue for a more dynamic and reflexive approach to research, and have duties to expose oppressive structures and practices, make audible voices that are habitually silenced, and empower and emancipate marginalized groups and individuals. Based on a series of interviews conducted with researchers within and outside of academia, this book aims to capture the personal challenges, ethical dilemmas, practical obstacles, positive rewards and (potential or actual) harmful effects of undertaking critical research concerned with state punishment. It will also explore the different mediums used to disseminate research findings and how such findings are received by peers, the public and the state.Researching Punishment is essential reading for undergraduate and postgraduate students of criminology, media, sociology, journalism, film studies, and cultural studies.

Critical Reflections

Researching Punishment

A Community of Law and a Community of Judges

The European Judiciary

Belonging Without Othering

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