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Barker K: Enforcement Rights in Public
and Private Law

Enforcement Rights in Public and Private Law

Paradigms, Exceptions and Hybrids

<ul><li>Part I. Preliminaries</li> <li>Chapter 1: Introduction</li> <li>Chapter 2: Enforcement Primer: Concepts, Terms, and Definitions</li> <li>Part II. Analytics and Early Legal History</li> <li>Chapter 3: Enforcement Analytics</li> <li>Chapter 4: Primordia</li> <li>Part III. Modelling</li> <li>Chapter 5: Public Law, Public Enforcement</li> <li>Chapter 6: Public Law, Private Enforcement: State Duties and Liabilities</li> <li>Chapter 7: Public Law, Private Enforcement Citizen Duties</li> <li>Chapter 8: Private Law, Private Enforcement</li> <li>Chapter 9: Private Law, Public Enforcement</li> <li>Chapter 10: Rationalizing Enforcement Choices</li> </ul>

This volume is the first in-depth collection to explore the impact of language on the field of comparative constitutional law. It addresses the epistemological and conceptual implications of English as the lingua franca. In this regard, it considers the global influence of Anglophone jurisdictions in orienting the discourse through the identification of concepts, designs and ideas that warrant engagement and exploration outside of those origin jurisdictions. In doing so, the book underscores that language is not a neutral device but can produce hegemonic pressures and expectations. It further makes the role of language in conducting comparative constitutional law explicit, so that its users can be more deliberate in their selection of foreign materials and are made conscious of the limitations of their findings due to language barriers. The book calls for a reckoning with the rich constitutional vocabulary that non-Anglophone jurisdictions have to offer to ensure a more holistic approach to the creation of knowledge. It also emphasises the need for the contextualised study of constitutional phenomena to appreciate how these are shaped by linguistic choices. In addition to raising awareness about language's significance as an epistemological, conceptual and methodological device, the volume also puts forward constructive tools and techniques to harness language's potential, making it an indispensable resource for scholars, students, lawmakers and judges.

Questioning Hegemonies

The Language of Comparative Constitutional Law

Modern Studies in European Law

The European Union undoubtedly has and continues to face a period of crisis and this book assesses this critical juncture in its history. It adopts a unique multidisciplinary approach drawing on philosophy, social theory, and law, and focusing on the European institutional framework and EU law on free movement and citizenship. This perspective leads to the conclusion that central to the EU's problems is the non-emergence of a European people. This multifaceted approach also allows the author to suggest how the EU might move positively beyond its current challenges. This book provides a genuinely fresh and innovative comment on a much-examined question.

Between Immunity and Recognition

The Search for a European People

The Legal and Cultural History of an American Dilemma

Hate Speech

This book explores the intricate terrain of international religious freedom discourse. It examines the evolution and controversies surrounding the formulation and interpretation of the freedom of religion or belief as a universal right within the United Nations. From legal and philosophical standpoints to the political dimensions of the subject, the book navigates through the complex terrain, shedding light on challenges to the universality and non-discriminatory implementation of this fundamental freedom. Beyond theoretical and legal debates, the study reveals how actors within the United Nations have 'defamed ' the freedom of religion or belief, reshaping its interpretation away from its original 1948 objectives. The book explores the dynamic interplay of postmodern views, legal intricacies, and political perspectives, contributing to a potential diminishment of the normative force of related legal provisions. It addresses critical topics including religious tolerance, blasphemy, defamation of religion, and apostasy, offering a comprehensive understanding of the evolving landscape of international human rights discourse. This is an indispensable resource for scholars, policymakers, and anyone seeking a profound insight into the challenges and transformations shaping the global pursuit of religious freedom.

A Historical and Conceptual Analysis of the United Nations

Defaming the Freedom of Religion or Belief

Studies of the Oxford Institute of European and Comparative Law

The leading Spanish language treatise on the law on torts has now been translated into English, making it accessible to jurists, scholars and practitioners throughout the world. It addresses the central analytical questions in modern tort theory by reference to first principles, explaining how doctrinal tension has resulted from the law's evolution. The book also offers a theoretical framework for understanding and analysing the doctrines behind the main tort rules found in different jurisdictions, including their interrelationship and historical development. Steeped in Chilean legal doctrine and case law on torts, it also considers authorities from Britain, Germany, the USA, France and Spain. This is a magisterial and important work.

A Comparative Perspective

The Foundations of Tort Law in the Civilian Tradition

Allemagne, États-Unis, France

Droit comparé des finances publiques

The Art Law Library

This open access book offers a unique perspective on the return of cultural objects by considering the aftermath of the handover processes. While calls for the repatriation of heritage have been made since the start of the decolonisation process, it is only in recent years that the debate on returning cultural objects has gained widespread prominence. This has been followed by ongoing efforts from several countries to change the legislation, adopt principles, and invest in provenance research to turn repatriation into a more proactive mechanism. The book tells the story of cultural objects that were housed in European institutions and returned to countries in Africa, Asia, and the Americas. In addition to in-depth analysis of relevant laws and policies, each of the case studies integrates interviews with those who were directly involved in those return processes, as well as those who were impacted by them, including museum staff, government representatives and community members. The book presents previously unheard insights into past return processes, the manifold modalities that such processes have followed, and, at times, unexpected outcomes. By doing so, it offers possible lessons to be learnt for future returns. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Leverhulme Trust.

Exploring the Stories of Cultural Objects After their Return

Beyond Restitution

Hart Studies in European Criminal Law

Harmful AI-generated Content between Criminal Law and Digital Regulation

Addressing Deepfakes

Drawing on the experience of recognised experts from across a range of different fields and jurisdictions, this landmark publication tackles default rules in private law in comparative perspective. Often underestimated, but highly influential, default rules are non-mandatory rules that kick in where nothing else has been agreed or provided. The contributions explore default rules from a variety of angles relevant to both scholarship and legal practice, including: - behavioural aspects and the role of platform terms in the digital age; - the remit and operation of defaults in different areas, ranging from contract and commercial law to succession, civil procedure and private international law; - a comparison between Common law and Civilian approaches as well as the EU level; - the perspectives of different 'players' engaged in the generation and application of default rules.

Default Rules in Private Law

Anthem Environment and Sustainability Initiative

This book considers the value of constitutional environmental rights in protecting water resources through an examination of the legal strategies utilized by communities engaged in protracted mining conflicts, including oil sands development in the Canadian boreal forest and gold mining in ecologically sensitive, glacier-rich areas of Argentina.

Water, Oil and Gold

The Power of Constitutional Rights in Resource Conflicts

The U.S. Constitution is silent about a right to privacy, yet the Supreme Court determined in the 1965 reproductive rights case Griswold v. Connecticut, that such a right is inferred from the Bill of Rights. The reasoning in the landmark case hinged on an unexpected word – penumbra. The Court concluded, in other words, that the unmentioned right to privacy resides in the shadows of the amendments. But this was not the first time penumbral imagery was used in legal writings, and its broader cultural usage dates back much further. Jared Schroeder's The Penumbra Problem provides a much-needed – and quite colorful – social and cultural history of the term. The penumbra concept, it turns out, wasn't an accidental choice but instead a well-selected term with centuries of transnational history. Schroeder tells its story through two intertwining narratives: first, how the word penumbra transcended its oblique scientific origins to become a distinct cultural concept; and, second, the parallel story of its evolving use in legal thought. The book tracks back and forth in time, creating an unexpected lineage of people and works who became unwitting champions of the penumbra concept, including mathematician Johannes Kepler, feminist activist Estelle Griswold, British thinker Robert Hooke, and lexicographer Noah Webster. Pairing these stories with the writings of great legal thinkers such as Willam Douglas and Oliver Wendell Holmes, Schroeder is able to construct a kind of etymological love letter to this obscure concept. Not everyone has supported the privacy precedent, though, and it is no exaggeration to say that it is in danger today. Schroeder's clever, utterly unique history is, at its core, a call to redouble efforts to save the right to privacy. He argues that we must understand its ponderous, indeed uncertain, origins to fully appreciate the precarity in which it exists today, and only then can we adequately fight for it.

The Rise and Fall of the Little-Known Word That Protects Our Privacy

The Penumbra Problem

The Rule of Law in Context

This book investigates core legal-political cultural myths of the Australian nation by canvassing, challenging and recasting some of the well-understood debates around, and invocations of, 'the rule of law' in Australia. It foregrounds one of the most enduring and prominent manifestations of these debates: claims to state sovereignty and rule of law in a system that has an incoherent legal foundation in its intentional ignorance of, and arbitrary violence perpetrated against, First Nations, their people, their sovereignty and their law. It examines the claims and celebrations of colonial rule of law achievements; constitutional rule of law protections; and the rule of law as tool to delineate and circumscribe the role of judges in the State. It presents a survey of the constitutional and legal principles and institutions and explores the socio-political aspects of rule of law in the country and how rule of law is experienced. With a focus on the legacy of the treatment of First Nations people, the book looks at how the Australia's rule of law institutions and machinery continue to exclude and fail vulnerable, marginalised and publicly reviled groups. Exploring these arguments through historical and contemporary case studies, including native title negotiations, anti-terrorism regimes, the government's response to the COVID-19 pandemic, the push for constitutional enshrinement of a First Nations Voice, and the Royal Commission into the government's 'Robodebt' inquiry, this book shows the inescapable messiness of rule of law in Australia as a legal and political concept, instrumentalised and weaponised across its history.

Living in the Long Shadow of Colonialism

The Rule of Law in Australia

Enforcement Rights in Public and Private Law

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