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Quinn G: Discovery Law

Discovery Law

The lack of a social scientific foundation across the field of negligence means that social life and scientific knowledge are transformed and mutated by a negligence paradigm that is unable to fulfil the social purposes typically attributed to it. Analysing the extent to which the reparation ideal has polluted and confused attempts to find radical alternatives to negligence, this book argues for a critical separation between the issue of harm minimisation and reparation; a separation that, it is argued, provides the basis for a different policy approach to the human experience of injury, error and misfortune.

Beyond the Negligence Paradigm offers a novel engagement with key problems and failings which have long been identified with the operation of the negligence system. Connecting a broad range of critical approaches in private legal theory that laments the disconnection between negligence and the 'real world', the author analyses the various obstacles – including the very nature of law and scientific knowledge – which make inevitable a difficult and incomplete intersection. Illustrating how a stronger appreciation of the nature of science helps to achieve a better appreciation of law, in particular underpinning the importance of exploring non-legal approaches, the author seeks to provide a fresh vantage point from which policy-makers and socio-legal scholars can identify new and more honest strategies for addressing and managing the incidence of error, accidents and injury. Recommending a de-centring of negligence-style thinking, the work argues in favour of a more open-ended inquiry about the mechanics of social life and our ignorance of it.

Developing a Regulatory Ergonomic Approach to Error and Injury

Beyond the Negligence Paradigm

Routledge Research in Information Technology and E-Commerce Law

This book will provide critical insights into Internet governance through an in-depth examination of human rights law and will be of great interest to students and academics with an interest in IT law, Internet regulation and human rights law.

This book will provide critical insights into Internet governance through an in-depth examination of human rights law and will be of great interest to students and academics with an interest in IT law, Internet regulation and human rights law.

A Human Rights Perspective

Internet Governance

Lex Amicitia draws a long history of the law of friendship ¿ from Aristotle to Derrida ¿ into a contemporary context: scouring the backrooms, bars and ill-lit alcoves, the corridors and side-rooms where the interior engine of institutional decisions operates. The intimate public sphere is fueled by the affects of amity and enmity, identification and rejection, experience and projection in negotiating and deciding the fate of workaday lives. Using the example of law, and specifically of the legal academy in the Anglophone world, this book pieces together the hidden ties and the secret bondings, the erotics and the hostilities that play beneath the surface of public lives. Patiently reconstructing the apparitions of affect and amity as they are glimpsed in marginal moments and off-hours, peripheries and slips, emails and other unintended viscera, the structural role of the laws of friendship, the legal form of compact, concord and contract is reconstructed and expounded.

Lex Amicitia draws a long history of the law of friendship – from Aristotle to Derrida – into a contemporary context: scouring the backrooms, bars and ill-lit alcoves, the corridors and side-rooms where the interior engine of institutional decisions operates. The intimate public sphere is fueled by the affects of amity and enmity, identification and rejection, experience and projection in negotiating and deciding the fate of workaday lives. Using the example of law, and specifically of the legal academy in the Anglophone world, this book pieces together the hidden ties and the secret bondings, the erotics and the hostilities that play beneath the surface of public lives. Patiently reconstructing the apparitions of affect and amity as they are glimpsed in marginal moments and off-hours, peripheries and slips, emails and other unintended viscera, the structural role of the laws of friendship, the legal form of compact, concord and contract is reconstructed and expounded.

Lex Amicitia: An Anthropology of the Law of Amity

This beautifully illustrated overview of the wildlife of the British Isles showcases the diversity of our plant and animal life.

This beautifully illustrated overview of the wildlife of the British Isles showcases the diversity of our plant and animal life.

Wild Isles

This work adds an important new dimension to the literature on the Caribbean Court of Justice and on regional integration courts generally. Part I focuses on the operation of the CCJ itself, whilst Part II provides a comparative study of the CCJ and four other regional courts.

This work adds an important new dimension to the literature on the Caribbean Court of Justice and on regional integration courts generally. Part I focuses on the operation of the CCJ itself, whilst Part II provides a comparative study of the CCJ and four other regional courts.

Regional Integration Court in a Global Context

The Caribbean Court of Justice

New Directions in Critical Criminology

Written by experts in the field, this book critically evaluates what restorative justice means today in its various different contexts and examines how the current state of research succeeds or fails in capturing the true state of the art.

Written by experts in the field, this book critically evaluates what restorative justice means today in its various different contexts and examines how the current state of research succeeds or fails in capturing the true state of the art.

Restorative Justice Practice

This book analyses laws distinctively normative contribution to place-making. In an original, cross-disciplinary, analysis drawing on scholarship in law, geography, philosophy and politics, Antonia Layard considers how law operates in the fixing of borders that both protect and exclude. Centred upon four legal case studies ¿ on public space; housing regulation; rules on the manifestation of religion; and geographic indications in intellectual property law ¿ the book pursues a critical geographical consideration of how place is integral to ideas about identity, belonging and territory.

Law, Place &amp; Maps: Balancing Protection and Exclusion analyse law’s distinctively normative contribution to place-making. In an original, cross-disciplinary, analysis drawing on scholarship in law, geography, philosophy and politics, Antonia Layard considers how, both formally and formally, law operates in the fixing of borders that both protect and exclude. Centred upon four legal case studies – on public space; housing regulation; rules on the manifestation of religion; and geographic indications in intellectual property law – the book pursues a critical geographical consideration of how place is integral to ideas about identity, belonging and territory. It will be of much interest to critical legal geographers and socio-legal scholars, as well as planning, environmental, intellectual property, housing and land use lawyers.

Balancing Protection and Exclusion

Law, Place and Maps

Developments in disability law at the national level are proceeding at a rapid pace. The Routledge Handbook of Disability Law embraces these developments by drawing together key thinkers to examine core issues such as models of disability, autonomy, definitions of disability and community living. The book will also suggest future trends and developments in this rapidly evolving field and, crucially, chart out a course for future disability law scholarship.This Handbook will be an essential reference tool for students and scholars with an interest in disability law.

This Handbook examines disability law from an international and comparative perspective. Since the adoption of the Convention on the Rights of Persons with Disabilities (CRPD) by the UN General Assembly, there has been a dramatic shift in the way disability has been conceptualised and, consequently, reflected in national laws and policies. Developments in disability law at the national level are proceeding at a rapid pace, owing in large part to the negotiation of a comprehensive international human rights treaty cataloguing the rights of persons with disabilities. The Routledge Handbook of Disability Law embraces these developments in the field by drawing together key thinkers to examine core issues such as models of disability, autonomy, definitions of disability and community living. Weaving an inter-disciplinary approach throughout, the contributing authors will also address emerging discussions around topics including employment, mental health, education and housing. The book will also suggest future trends and developments in this rapidly evolving field and, crucially, chart out a course for future disability law scholarship.This Handbook will be an essential reference tool for students and scholars with an interest in disability law.

Routledge Handbook of Disability Law

Epistemological, Evidentiary, and Relational Engagements

Law and Science

Recent high profile cases and seemingly contradictory judgments have only served to increase the controversy surrounding this particular area of the law. The only aspect of consensus amongst academics, judges and law-reformers alike is that in its current form, the common intention constructive trust remains far from satisfactory. In this book, Alastair Hudson analyses the social, economic and political factors behind the emergence of the common intention constructive trust and its application by the courts. A lively and comprehensive exploration of this burgeoning area of law, this is an ideal guide for students of property law at all levels.

Ownership of the family home is generally not contested until the relationship between the spouses or cohabitants breaks down. The Matrimonial Causes Act 1973 gives the courts adjustive powers to deal with disputes between spouses on the breakdown of the marriage but there is currently no statutory regime governing the financial consequences of separation for unmarried cohabitants. The common intention constructive trust has expanded to fill the vacuum as it falls upon cohabitants to establish an equitable interest in the property.Recent high profile cases and seemingly contradictory judgments have only served to increase the controversy surrounding this particular area of the law. The only aspect of consensus amongst academics, judges and law-reformers alike is that in its current form, the common intention constructive trust remains far from satisfactory. In this book, Alastair Hudson analyses the social, economic and political factors behind the emergence of the common intention constructive trust and its application by the courts. A lively and comprehensive exploration of this burgeoning area of law, this is an ideal guide for students of property law at all levels.

Trusts of Homes

This book traces the evolution of the rule of forfeiture in the UK and other common law countries (Australia/NZ/Canada) alongside the development of the US public policy doctrine.

This book traces the evolution of the rule of forfeiture in the UK and other common law countries (Australia/NZ/Canada) alongside the development of the US public policy doctrine.

The Modern Law of Forfeiture

Indigenous Peoples and the Law

Human Rights, the Rule of Law and Exploitation in the Postcolony: Blood Minerals examines how the legal frameworks of the global economy position the inhabitants of the postcolonial south in a legal and moral position that facilitates economic exploitation, juridical regulation, and dominion over land and resources. Drawing on several exemplary situations - from Africa (the DRC and Nigeria), Asia (India), the Pacific region (Papua New Guinea and Australia) and South America (Ecuador) - Blood Minerals describes how colonial rule operates in a violent and destructive cycle of mineral extraction. It shows how the populations of the postcolonial global south are stripped of juridical personality and become persona nullius, as the legal-economic frameworks of globalization enact colonial rule by declaring the lands that are to be exploited as void of law.

Human Rights, the Rule of Law and Exploitation in the Postcolony: Blood Minerals examines how the legal frameworks of the global economy position the inhabitants of the postcolonial south in a legal and moral position that facilitates economic exploitation, juridical regulation, and dominion over land and resources. The colonial moment witnessed the expropriation of lands through their declaration as terra nullius and the designation of the people inhabiting them as persona nullius. Drawing on several exemplary situations – from Africa (the DRC and Nigeria), Asia (India), the Pacific region (Papua New Guinea and Australia) and South America (Ecuador) – Blood Minerals describes how colonial rule operates in a violent and destructive cycle of mineral extraction. It shows how the populations of the postcolonial global south are stripped of juridical personality and become persona nullius, as the legal-economic frameworks of globalization enact colonial rule by declaring the lands that are to be exploited as void of law. It is the revival of this colonial trope in the so-called postcolony, the book argues, that legitimates the violent dispossession, displacement, and even the obliteration, of its inhabitants.

Blood Minerals

Human Rights, the Rule of Law and Exploitation in the Postcolony

Discovery Law

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