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This PDF does not fully comply with PDF/UA standards, but does feature limited screen reader support, bookmarks for easy navigation and searchable, selectable text. Users of assistive technologies may

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Law and Criminology (R0)

Tameshnie Deane

Gender-Based Violence and Femicide in South Africa

&lt;p&gt;An Introduction to Gender-Based Violence and Femicide in South Africa.- Conceptualizing Gender-Based Violence and Femicide in South Africa.- Why Focus On Gender-Based Violence and Femicide.- Towards An Understanding of Gender-Based Violence and Femicide.- Situational Analysis of Gender-Based Violence and Femicide in South Africa.- Perceptions of Crime and the Fear of Crime.- Legal Responses to Gender-Based Violence and Femicide.- Judicial Responses to Gender-Based Violence and Femicide.- Gender-Based Violence and Femicide in Institutions of Higher Learning.- Conclusion.&lt;/p&gt;


International Studies in the Theory of Private Law

Constitutional Rights in Private Law

For centuries, the Latin notarial system has evolved in response to society's growing demand for legal certainty. Yet the increasing complexity of economic relations calls for a new stage in that evolution: a notarial system capable not only of ensuring legal certainty but also of realizing its full institutional potential to promote economic efficiency in private legal relationships through enhanced governance, conflict prevention, and the preservation of the contractual rationale built throughout the notarial process, so that disputes, when unavoidable, may be resolved consistently with the parties' legitimate choices, interests, and objectives.
 
 This book argues that such evolution requires neither abandoning nor replacing the historical foundations of the Latin notariat, but reinterpreting them in light of contemporary economic challenges. It introduces the Law-and-Economics Notary as the central institutional figure of the Law-and-Economics Notarial Paradigm, a new theoretical framework explaining how the civil-law notarial system can meet growing demands for economic efficiency while preserving the principles that have historically defined its identity.
 
 The book demonstrates that the Law-and-Economics Notary represents a new understanding of the notarial function. Public faith is conceived not only as an instrument of documentary authentication but also as a mechanism of private governance capable of structuring incentives, reducing transaction costs, mitigating information asymmetries and behavioral biases, strengthening trust among economic actors, and fostering more efficient, predictable, and socially beneficial legal relationships.
 
 Developed independently through the integration of law, economics, and notarial practice, the Law-and-Economics Notarial Paradigm later proved to converge with the evolutionary direction reflected in the studies and institutional agenda of the International Union of Notaries. This independent convergence confirms its capacity to explain and operationalize institutional transformations already emerging across the modern civil-law notariat.
 
 By integrating law, economics, and contractual governance, this book offers a new understanding of the notarial function and a coherent paradigm for the evolution of the Latin notarial system. Rather than replacing its traditional foundations, it demonstrates how they can be reinterpreted and further developed, thereby contributing to legal certainty, economic efficiency, preventive justice, and, ultimately, to economic development.

A Paradigm Shift in the Latin Notarial System

The Law-and-Economics Notary

Biodiversity Net Gain (BNG) is a conservation approach designed to ensure that any development or land-use change results in a measurable increase in biodiversity compared to the baseline conditions prior to the project. This concept transcends the traditional mitigation of environmental impacts, emphasising the enhancement and restoration of ecosystems and biodiversity. Biodiversity Net Gain Law and Practice provides a comprehensive understanding of the legal frameworks and policies that govern the protection and enhancement of biodiversity. This book explores the intersection of environmental, planning, and development laws and highlight how these regulations work together to ensure sustainable development and conservation efforts. It looks at key legislation such as the Planning Act 2008, the Town and Country Planning Act 1990, and the National Planning Policy Framework. Through case studies, legal analysis, and policy discussions, this book illustrates the practical applications and challenges of implementing biodiversity laws, and compares their success in the UK, Europe, India, Australia, Japan and South Africa. This title is included in Bloomsbury Professional's Environmental Law online service.

Biodiversity Net Gain Law and Practice

'Asylum remains a hugely important area of law, deeply affecting the lives of very many people: the nation's approach to it is a touchstone of our humanity.' - from the foreword to the second edition by The Rt Hon The Lord Brown of Eaton-under-Haywood. This is the leading practitioner textbook dealing solely with the law and practice pertaining to all aspects of asylum in the UK. It is a decade since the last edition published, since when much has happened in this area, with the most significant being Brexit. The third edition will be the first post-Brexit refugee practitioner work. It will also give full consideration of the impact of the Nationality and Borders Act 2022 on practice and procedure. The third edition covers: - Credibility assessment: UNHCR and Beyond Proof, language analysis, family tracing, assessing belief and sexuality - Assessing risk: assurances, shifting burdens of proof and duties of enquiry, the relevance of inability to return - Persecution: conscientious objection, future expression of fundamental rights - Developments in the understanding of vulnerability: the interaction of refugee law with trafficking, statelessness and gender preference issues - Exclusion for wrongdoing, for access to rights akin to nationality, and for non-UNHCR protection - Cessation of status: family members, change of circumstances, and relevance of internal relocation - Third country cases: returns under and beyond Dublin 3, third country returns post-Brexit - Procedures - asylum claims in detention, delays in determining claims, family reunion This title is included in Bloomsbury Professional's Immigration and Nationality Law online service.

Asylum Law and Practice

This book is a comparative study of how courts and oversight bodies review lawmaking processes, exposing democratic deficits and advocating for transparent, participatory legislative reform across Europe. In an era of fast-track legislation and executive overreach, the democratic legitimacy of lawmaking is under increasing pressure. This timely and original volume offers the first comprehensive, comparative analysis of how judicial and non-judicial bodies monitor and assess legislative procedures across Europe and beyond. Drawing on examples from Hungary, France, and the United States, the book highlights troubling trends - such as the use of expedited processes, exclusion of opposition voices, and lack of public participation - that undermine democratic principles and good governance. Contributors examine how courts, parliamentary committees, and international organisations like the Venice Commission respond to these challenges, offering insights into their capacity to uphold constitutional standards and human rights protections. The book also explores the broader implications of defective lawmaking for the rule of law, separation of powers, and the achievement of global goals such as the UN's Sustainable Development Agenda. Featuring leading scholars and practitioners from across Europe, including underrepresented jurisdictions, the volume bridges theory and practice, offering a rich interdisciplinary perspective. It is essential reading for academics, legal professionals, policymakers, and civil society actors concerned with the integrity of democratic institutions and the future of legislative governance. By shedding light on the mechanisms of procedural review, this book makes a compelling case for more transparent, inclusive, and accountable lawmaking in democratic societies.

European Perspectives on the Procedural Review of Parliamentary Lawmaking

Hart Studies in Constitutional Theory

This book provides a novel judicial framework for receiving and considering religious and cultural claims in shaping human rights in constitutional secular democracies. It does this through an extended case study of the Indian constitutional jurisprudence. Abortion and surrogacy, LGBTQ + rights, sex work and euthanasia are arguably the most controversial human rights issues of our time. They all invite passionate religious and cultural debate but are not themselves religious or cultural rights issues. Instead, they pose a fundamental constitutional question: How far can religion and culture go in shaping general human rights in secular constitutional democracies? Moving beyond the logic of individual rights, this book provides an integrated and holistic approach to answering this classic question of constitutional law. To do this, it proposes an innovative empirically backed normative-theoretical framework which synthesises insights from cultural psychoanalysis, feminist legal scholarship, socio-legal method, constitutional law, evidence law, and political theory. It looks at a unique constellation of cases belonging to eight different human rights themes covering the period since India's independence in 1947 and systematically analyses the religious and cultural claims made in those cases. It finds that in India, a more holistic approach to answering our classic constitutional puzzle requires a simultaneous consideration of three different theories: A theory of constitutional interpretation which formulates restrictions on a judge considering religious and cultural claims in fundamental rights cases; A theory of judicial notice which determines when such claims can be admitted without proof; A theory of secularism and public reason which argues that the claims must be given weight in the final decision only if they match defensible conceptions of constitutional values. The book develops these theories and applies them to the Indian cases, providing an innovative approach to an age-old question.

With God as our Witness

Religion, Culture, and Human Rights in India

Oñati International Series in Law and Society

This edited collection explores the question of how those with limited capacity are enabled to take their part as members of society within the context of both a legal framework and the expectations of their family and community. The book is divided into three parts, firstly looking at the current legal position on incapacity in a number of jurisdictions. It discusses the recent European project FLEUR, and the associated debates developing around whether legislation dealing with incapacity should aim to support or control the vulnerable person. Secondly, the book looks at the experience of families with vulnerable members. Chapters examine developments in Australia, Spain, Bulgaria and Argentina, while part three looks at France, Turkey, Canada, the Netherlands, Poland and Ukraine. It asks questions such as: What are the contemporary demands for full financial protection by the state in the Netherlands? What can happen in an emergency? How did the Polish system provide for the needs of refugees in wartime, in the case of the recent flight from Ukraine into Poland? An important dimension is added to the debate, asking how we can provide support and control within a social network or group whose members have different aims and needs in a family or a community.

Incapacity and Access to Family Justice

Hart Studies in Security and Justice

UK National Security Law and Human Rights

This collection explores the relationship between race, racism, and human rights law. It seeks to illuminate, in particular, how the European Court of Human Rights articulates the category of race, how human rights are experienced (differently) by racial minorities, and whether the European Convention on Human Rights has the tools to recognise and address racial harms. By centring race, it considers how Convention rights would look through the lens of race and ultimately interrogates if human rights law is part of the solution or part of the problem. In pursuing these inquiries, the collection brings together two fields of scholarship that have largely developed independently of each other, namely law and race, and European human rights law. Drawing upon rich expertise from theorists and human rights scholars, it is the first of its kind to systematically analyse race and racism in relation to a wide range of themes in European human rights law, including state violence, terrorism, privacy, protest, migration, hate speech, religion, domestic abuse, reproductive freedom, medicine, education, and climate change.

Race, Racism, and the European Convention on Human Rights

Law and the Digital Economy: Unlocking Data through Regulation in Brazil and the European Union examines one of the defining legal and policy challenges of the digital age: how to unlock the economic and social value of data without compromising fundamental rights, competition, or trust. Comparing the regulatory approaches of the European Union and Brazil, the book argues that the future of the digital economy depends not only on protecting personal data, but also on creating governance structures that enable its safe, legitimate, and interoperable use. It explores the interaction between the GDPR, the LGPD, the Digital Markets Act, the Data Act, competition law, consumer protection, and emerging AI regulation, showing how fragmented legal regimes can hinder innovation while reinforcing market concentration.
 
 Drawing on legal theory and regulatory practice, the book examines how artificial intelligence, digital platforms, gatekeepers, and data-driven business models are reshaping markets and public institutions. It proposes practical legal and institutional solutions to promote data portability, interoperability, and responsible data sharing, while highlighting the need for coordinated and innovation-oriented digital governance. Essential reading for scholars, policymakers, regulators, legal practitioners, and professionals working in digital governance, privacy, competition law, and AI regulation, Law and the Digital Economy provides timely insights into building trustworthy, competitive, and data-driven digital ecosystems.

Unlocking Data through Regulation in Brazil and the European Union

Law and the Digital Economy

Cambridge Studies in International and Comparative Law

The Co-Production of Infrastructure, Technology, and International Law

Cable Empires

Bhogal on Anti-social Behaviour remains the first port of call for everyone working in the area of, and carrying out, anti-social behaviour work. The third edition has been fully updated to provide analysis of the revised guidance, with commentary explaining legislation and statutory guidance and what they mean for those working in this field. It clearly explains through the use of case studies, practical examples and tactical advice how the tools operate and how they may be used to best effect. The third edition includes: · Updated statutory guidance · Coverage of the removal of CBOs to the Sentencing Act 2020 · A new and complete section on "expedited" PSPOs · Several news cases on the tools and powers, including Leeds City Council v Persons Unknown, Jones v Birmingham City Council, Thurrock Council v Stokes, Rosebery Housing Association Ltd v Williams on injunctions, R. (on the application of Hacking) v Stratford Magistrates' Court on CPNS, Tossici-Bolt v Bournemouth, Christchurch, and Poole Council on PSPOS · The Housing Ombudsman's report from January 2024 on 'Attitudes, Respect and Rights, Relationship of Equals'. This title is included in Bloomsbury Professional's Local Government Law online service.

Bhogal on Anti-Social Behaviour

Gender-Based Violence and Femicide in South Africa

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