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Egan S: Legal Education in the Classroom

Legal Education in the Classroom

The Transformative Potential of Community Engaged Teaching and Learning

Democrats and Republicans

Today's Crime and Punishment Issues

This book challenges the view that legal positivism should be reduced to a conceptual analysis of legal validity. Instead, Elena Namli reclaims legal positivism as a theory of the relationship between law, morality, and politics. Presenting novel interpretations of the classical works of Herbert L. A. Hart, Joseph Raz, and Jürgen Habermas, Namli frames legal positivism as a theory that makes possible a moral and political critique of valid law. Moreover, this book defends the dialectical relationship between law, politics, and morality by combining a positivist approach to legal validity with a constructivist ethical theory which strengthens the critical potential of legal positivism. Legally valid norms may not always be morally justified, but understanding the moral quality of legal regulations is essential for comprehending modern law.

Legal Positivism, Politics, and Critical Ethics

Diverse Voices in Intellectual Property Law

Discourses of Law

Identifying crucial deficiencies in the legal theories of Hart and Dworkin, The Rule of Reason in European Constitutionalism and Citizenship draws on the work of Habermas and Alexy in order to elaborate a new juridical conception of citizenship.

The Rule of Reason in European Constitutionalism and Citizenship

This book challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies. It does so on three main grounds: anachronism, 'othering' and cultural specificity. Main pillars of 'convergent constitutional theory' are rooted in the revolutionary, late-eighteenth century - a lost world; constitutional arrangements that deviate from the paradigm are often branded as 'outliers' or even as not constitutional at all; and the foundations of the paradigm in liberal democracy give no space for other forms of constitutionalism. Whatever the attractions of convergent theory as a normative ideal of good government, for the purposes of understanding, analysing and explaining constitutional systems it is far from ideal. This book discusses and questions: convergent theory's weddedness to writing as the technology of constitution-making; its image of a constitution as fundamental law; its idea that a constitution expresses the 'sovereignty of the people'; its use of tripartite separation of powers as the basic principle of institutional design; its relative neglect of administrative law; its association of 'rights' with judicially enforceable bills of rights; and its obsession with a vaguely specified concept of 'democracy'. It makes suggestions for alternative, preferable methods of understanding, analysing and explaining constitutions, and governmental and constitutional systems.

The Distorting Lens of Convergent Constitutional Theory

'This new edition tells you all you need to know about how construction defects in homes occur, how they might be prevented, and how they might be cured.' &gt;The first edition of Residential Construction Law in 2021 offered the only systematic and analytical overview of the legal framework for residential construction. Since then, there have been significant legislative and caselaw developments across the UK, Aotearoa New Zealand, Australia and Ireland. In this second edition, the authors and their team of specialist contributors have completely revised the content, taking these changes into account. This new edition refers to more than 350 new cases, along with ground-breaking reforms like the UK's Building Safety Act 2022 and lessons from the September 2024 Phase 2 report of the Grenfell Tower Inquiry. The book also anticipates planned reforms, including sweeping changes in several Australian states. &gt;Accompanying online resources for this title can be found at bloomsbury.pub/residential-construction-law

The Uk, Ireland, Australia and New Zealand

Residential Construction Law

This book explores human vulnerability through the lens of natural law theory. Beginning with a detailed examination of natural law ethics, centred upon the virtues (Part One), it sets out the relationship between natural law and human vulnerability. To be human is to be vulnerable; but vulnerability must itself be understood by reference to the human goods that are the central concern of natural law ethics. Such goods lie at the heart of what it means to lead a flourishing life, but they are in no way certain: goods such as health, education, the family can all be perverted or taken away by human agency or the vicissitudes of life. Part Two poses the problem of how human beings and government can build resilience in the face of these vulnerabilities. Its main contention is that the central aims of vulnerability theory, including that of state responsiveness, are pre-figured in the social teachings of the Catholic Church. These teachings provide a compelling basis for the demand that the state be more responsive to social scourges such as poverty, crime, debt and dependency. Vulnerability theorists will benefit from a new perspective on the problems that are central to their analysis; natural law theorists will profit by an enrichment and extension of their central concerns.

Natural Law, Ethics and Human Vulnerability

This book is the first investigation of the relationship between EU digital sovereignty and sustainability strategies. It maps the ambitions and limitations of EU digital strategic autonomy and explores the structural challenges underlying its relationship with its green transition objectives in the context of the ongoing wars in neighbouring European countries and the consequent tensions in the EU energy sector. The EU is racing to achieve technological independence from third countries and foreign multinational companies to protect its digital sovereignty and preserve its fundamental rights. In the EU, digitalisation and the green transformation are seen as twin transitions. Yet, EU digital sovereignty strategies have a significant environmental cost. Reaching a status of strategic autonomy of the EU at the level of digital infrastructures, products, services and data implies higher energy consumption and exploitation of natural resources. Moreover, the geopolitical tensions following the Russian invasion of Ukraine have provoked an unprecedented energy crisis, which is affecting EU economies and impacting objectives of the twin transitions. The book offers an interdisciplinary analysis of the major EU regulatory and policy instruments in this field, providing an invaluable guide for academics, practitioners, and policymakers navigating the complex issues of preserving digital sovereignty and addressing climate change in times of war and energy crisis.

EU Challenges in Times of War and Energy Crisis

Digital Sovereignty and the Green Transition

Why Intersectional Discrimination Matters

Breaking Down Barriers to Rights for Unaccompanied Children in Migration

Form, Character and Nature

The United Nations Security Council and the Authorisation of Force

In a movement-defining book, the "godmother of the current moment of dissatisfaction with establishment politics" (The New York Times) tells the story of the rising anti-monopoly movement and charts a course to a democratic future In a short, sharp political book, The Nation magazine's "Anti-Monopolist" columnist and "a prophet of the resurgent left" (Franklin Foer) explains the battle between the forces of oligarchy and the rise of the new anti-monopoly movement. Using the stories of modern anti-monopoly heroes including Federal Trade Commission Chair Lina Khan; blueberry farmer Hugh Kent, who turned his battle with Driscoll's into a farmers' movement; and Doha Mekki, the daughter of a Sudanese asylum seeker who took on Google and won; Teachout explains how anti-monopoly cuts across traditional political lines and gives real teeth to economic populism.Teachout, a scholar of the law of democracy and a politician whose run for governor of New York State shocked the political establishment, argues that monopoly is the architecture of private tyranny, and that breaking corporate power is essential to building a new democracy. From AI to agriculture, healthcare to energy, Americans understand that corporate concentration doesn't just cause inequality; it organizes power. Anti-Monopoly gives that feeling a name, a history, and a way forward. After a spate of books out of the Abundance movement arguing that we need to remove local democracy and focus on efficiency at scale, this book provides a sharp counterpoint.

A Citizen's Guide

Anti-Monopoly

This book is the first comprehensive academic treatment of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment rights, which has a global vocation demonstrated by having been ratified by 173 States since it was adopted in 1966. Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement. Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation. The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights. The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).

The International Covenant on Economic, Social and Cultural Rights and the Employment Relation

Legal Education in the Classroom

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