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BOOK REVIEW
The Ashgate Research Companion to
MIGRATION LAW, THEORY AND POLICY
Edited by Satvinder S. Juss
ISBN: 978 0 7546 7188 6
ASHGATE PUBLISHING LIMITED
www.ashgate.com
A NEW COMPILATION OF CURRENT AND ORIGINAL RESEARCH ON MIGRATION LAW
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
'We are all immigrants,' as President Roosevelt reminded his radio listeners in America back in the 1930s. Then as now, there were perceived problems with migrants and migration, even though one might argue that the whole of human history has been one long narrative of one migration after another, either en masse or individually. Time after time, various groups of people have emigrated to other places, either to seek a better life or to escape a worse one, more often than not as refugees.
This book, a recent publication from Ashgate Publishing, offers an outstanding collection of essays which together, present a state of the art review of current research on key issues on migration, namely law, theory and policy worldwide, with a view to offering a range of perspectives on future developments in this continually expanding area of law.
No less than thirty-six expert authors from almost a dozen different jurisdictions worldwide have contributed research papers to this volume, which, under the editorship of Satvinder Juss, complements Ashgate's well known 'Law and Migration' series, established in 2006. Juss, who teaches international refugee law and human rights law at King's College London, is also a barrister at Gray's Inn and a former Human Rights Fellow of Harvard Law School, among a number of other achievements in his dazzling array of qualifications and practical experience.
The book is divided into seven parts, the majority of which lean toward discussions centering on issues that primarily concern refugees. Certainly Parts I and II focus on this topic, with Part III examining the responsibility to protect displaced populations. Part IV deals with emerging paradigms of legal protection, with discussions on human trafficking, asylum, child migration and forced displacement.
Especially topical and tragically so, are Parts V and VI which offer thoughtful contributions on such issues as detention and coercive treatment of asylum seekers. The final essay, a very pertinent article on 'the end of refugee camps' poses a lot of thorny questions relating to, for example, UN policy on what is referred to as the 'warehousing' of refugees, who all too often find themselves incarcerated in camps. In Part VII, policy and practice relating to transnational migration, citizenship and the modern state are examined in detail.
In this volume of almost 750 pages, there is much to contemplate and much to enlighten anyone involved in the often excruciatingly difficult human rights issues generated by migration. As a practitioner and academic, Juss is well placed to offer a scholarly, as well as a practical approach to this sensitive and often controversial area of law. With its thorough and copious footnoting and references, this book is therefore an important contribution to the subject.
The publication date is cited as at 2013.
- published: 11 May 2014
- views: 60
BOOK REVIEW
The Ashgate Research Companion to
MIGRATION LAW, THEORY AND POLICY
Edited by Satvinder S. Juss
ISBN: 978 0 7546 7188 6
ASHGATE PUBLISHING LIMITED
www.ashgate.com
A NEW COMPILATION OF CURRENT AND ORIGINAL RESEARCH ON MIGRATION LAW
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
'We are all immigrants,' as President Roosevelt reminded his radio listeners in America back in the 1930s. Then as now, there were perceived problems with migrants and migration, even though one might argue that the whole of human history has been one long narrative of one migration after another, either en masse or individually. Time after time, various groups of people have emigrated to other places, either to seek a better life or to escape a worse one, more often than not as refugees.
This book, a recent publication from Ashgate Publishing, offers an outstanding collection of essays which together, present a state of the art review of current research on key issues on migration, namely law, theory and policy worldwide, with a view to offering a range of perspectives on future developments in this continually expanding area of law.
No less than thirty-six expert authors from almost a dozen different jurisdictions worldwide have contributed research papers to this volume, which, under the editorship of Satvinder Juss, complements Ashgate's well known 'Law and Migration' series, established in 2006. Juss, who teaches international refugee law and human rights law at King's College London, is also a barrister at Gray's Inn and a former Human Rights Fellow of Harvard Law School, among a number of other achievements in his dazzling array of qualifications and practical experience.
The book is divided into seven parts, the majority of which lean toward discussions centering on issues that primarily concern refugees. Certainly Parts I and II focus on this topic, with Part III examining the responsibility to protect displaced populations. Part IV deals with emerging paradigms of legal protection, with discussions on human trafficking, asylum, child migration and forced displacement.
Especially topical and tragically so, are Parts V and VI which offer thoughtful contributions on such issues as detention and coercive treatment of asylum seekers. The final essay, a very pertinent article on 'the end of refugee camps' poses a lot of thorny questions relating to, for example, UN policy on what is referred to as the 'warehousing' of refugees, who all too often find themselves incarcerated in camps. In Part VII, policy and practice relating to transnational migration, citizenship and the modern state are examined in detail.
In this volume of almost 750 pages, there is much to contemplate and much to enlighten anyone involved in the often excruciatingly difficult human rights issues generated by migration. As a practitioner and academic, Juss is well placed to offer a scholarly, as well as a practical approach to this sensitive and often controversial area of law. With its thorough and copious footnoting and references, this book is therefore an important contribution to the subject.
The publication date is cited as at 2013.
- published: 11 May 2014
- views: 13
BOOK REVIEW
JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS- EFFECTS AND IMPLEMENTATION
Edited by Anja Seibert-Fohr and Mark E Villiger
Ashgate Publishing Limited
Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
Also available as an ebook
ISBN: 978 1 47245 975 6 (book)
978 1 47245 976 3 (ebook pdf)
978 1 47245 977 0 (ebook)
www.ashgate.com
THE ROLE OF THE EUROPEAN COURT OF HUMAN RIGHTS: CONTROVERSIES AND CONCLUSIONS AIRED IN A FASCINATING DEBATE
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Published by Ashgate, this book and its constituent articles is basically the result of an international conference held at Gottingen University toward the end of 2013.
The key topic: the European Court of Human Rights and the various related issues -- many of them controversial – that has loomed large throughout the European Union whenever human rights are discussed.
The matter of human rights -- with the need to define boundaries and arrive at correct, or at least reasonable interpretations -- has escalated into a major debate, certainly in the UK where we (not to mention the Americans, etc.) are celebrating the 800th anniversary of Magna Carta (1215) which marked the beginning of the end of absolute monarchial power and therefore the tentative and fitful start of modern democracy and the Common Law.
The next few centuries that followed saw heroic and often horrific struggles to maintain the rights enshrined in Magna Carta, which by turns, were annulled, rescinded, mis-applied or conveniently ignored. And even now, when the document is venerated, (while feared by dictatorial regimes everywhere) many of its basic tenets still come under threat.
With all this in mind, it should come as no surprise to anyone that there are a lot of Brits out there who are squeamish about any abdication of their sovereignty to any form of European court, including the ECHR.
The most interesting segment of this book therefore -- at least to a United Kingdom readership -- is the section IV on ‘Subsidiarity’ and the role of domestic courts (i.e. the courts in individual EU member states) in implementing ECHR judgments.
Of special interest here are the articles by Sir John Laws from the Court of Appeal -- and Derek Walton, the UK agent at the ECHR. ‘Are Human Rights Undemocratic?’ asks Laws, examining specific instances where this is, or is not, the case.
‘There is an imperative need,’ he says for ‘a principled disavowal by the ECHR of primary decision-maker.’ Without this disavowal there is ‘a failure to respect the courts of the Member States as the primary safeguard of human rights’.
Making policy, Laws concludes, is not the role of judges; it is the role of democratic governments -- and if courts ignore that, he believes, they lose faith and damage the rule of law.
In the article following this robust and absolutely correct stance, Walton examines ‘Subsidiarity and the Brighton Declaration’, pointing out that the principle of subsidiarity lies at the heart of this important conference which took place in April 2012, defining, embedding and reinforcing it. ‘Work is already under way,’ he notes ‘on the longer term future of the Court (the ECHR) that may further develop the way the principle applies.’
In the words of its two editors, Seibert-Fohr and Villiger, this admirable book which airs so many different -- and sometimes conflicting -- points of view, provides a fresh look at the relationship between national jurisdictions and the ECHR.
This and the Gottingen Conference from which it sprung, have functioned as much needed initiatives in providing a highly respected forum for debate on vital human rights issues, which will ultimately affect everyone in the European Union and certainly the future of the European Union itself.
It is worth noting that the book is the second volume in a new series entitled ‘Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law’. It is published under the Nomos imprint of Ashgate Publishing.
Ideally, this is a book which should be on the bookshelves of international lawyers and academics throughout the European Union and beyond.
- published: 21 Jun 2015
- views: 188
BOOK REVIEW
CULTURAL CRIMINOLOGY
Edited by Jeff Ferrell and Keith Hayward
ISBN: 978 0 7546 2943 6
Ashgate Publishing Limited
www.ashgate.com
WHAT CAUSES CRIME? YOU TELL ME... OR READ THIS BOOK!
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
'The quest to establish the causes of crime has been one of the most elusive searches confronting humankind,' observe Jeff Ferrell and Keith Hayward in this new book on a contemporary criminology thread, which, no doubt, will emerge as an important contribution to this field this century.
Criminology is, of course, one of the social sciences and thus employs scientifically based methods and mind-sets to seek out the answer -- or answers -- to the pivotal question around which it revolves: what causes crime? As the editors explain, 'criminology's central focus is the systematic examination of the nature, extent and causes of crime.'
This volume usefully compiles and presents a collection of some 22 learned essays from well known academics, each an expert in this field. It's the latest in the series published by Ashgate entitled 'The Library of Essays in Theoretical Criminology'.
This particular volume focuses on 'cultural criminology' which represents and drives certain theoretical departures from what (for want of a better term) one might call "traditional", or "conventional" criminology. It consolidates some of the most important work within this relatively recent theoretical orientation and approach. We say recent because, apparently, 'cultural criminology' has emerged as a distinct new aspect of criminology since the 1990s.
According to the book's introduction, 'crime and crime control operate as cultural processes manifesting themselves in the form of various phenomena, from media representations of crime, to public displays of emotion by crime victims'.
To cite just one example, the editors refer to what they describe as the saturation of everyday life by multiple media forms and media technologies which, in their view, blur the distinction between 'crime' and the 'image of crime' Part III -- the section entitled 'Crime, Media and the Image' explores all the attendant issues here in thought provoking detail.
The book is laid out in six sections, i.e. six categories -- including the one just mentioned -- which develop this and related themes to explain further the dynamics of cultural criminology. That each article has been lifted word for word out of its publication of origin for inclusion in this volume is obvious; which is a virtue of course, so no criticism about that, except it's a little disconcerting to see such a variety of typefaces, fonts and layouts between the same two covers!
This is definitely a book for criminologists, sociologists and professionals in related or relevant fields -- the Criminal Bar, too, no doubt -- who wish to examine in depth the subject of cultural criminology in all its many facets.
Here, in one handy volume, is a wealth of theoretical discussion as well as illustrative examples of how theory may be applied -- plus any number of references for further research. But, does it shed more light on the causes of crime?
Possibly "yes", as much as criminology ever does. Its main advantage lies in its orientation toward the contemporary and the modern -- and in that respect it perhaps has more relevance to -- and promotes a deeper understanding of -- the almost intractable social problems which plague society today: yep, 'cultural criminology' is indeed a good title for what we face now!
- published: 24 Jul 2011
- views: 1931
BOOK REVIEW
THE CALLING OF LAW
The Pivotal Role of Vocational Legal Education
Edited by Fiona Westwood and Karen Barton
Emerging Legal Education
ISBN: 978 1 4094 5554 7
ASHGATE PUBLISHING LIMITED
www.ashgate.com
IS LAW A CALLING? READ THIS BOOK AND BANISH ALL DOUBT
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
This book reminds lawyers that the law, which they have chosen as a career, is a calling as well as a profession and as such is imbued with a moral dimension, which they can ignore only at their peril. They -- as well as any reader interested in the law -- will therefore be concerned with the multiplicity of issues covering legal education; in particular its future as well as its present and its past.
Under the able editorship of Fiona Westwood and Karen Barton, this book, a recent publication from Ashgate, brings together in one convenient volume the commentary and insight of no less than fifteen international contributors whose expertise in professional education encompasses medicine as well as law.
The legal jurisdictions covered include the United Kingdom, the USA, Canada Australia and Hong Kong – all common law and all committed to producing effective practitioners, with ideally, a sense of calling to their chosen profession. ‘A sense of calling’-- and all it implies, is particularly important, says Karen Barton, in the wake of the far-reaching changes brought about by the Clementi Report (2004) and subsequently the Legal Services Act in England (2007) and in Scotland (2010).
The book stresses the necessity of encouraging budding lawyers to place their moral and intellectual emphasis on, as the editors suggest, ‘culture over industry, character over eloquence and calling over skills.’
Some readers might regard all this as an achievable ideal; others may not. Still others may argue that lawyers, especially those aiming for distinction in their professional lives, should strive to exemplify all these attributes at once.
Of particular interest is the article by Donald Nicholson which examines in detail the concept of the ‘clinical LLB’ which, in addition to the standard LLB curriculum, also puts special emphasis on issues relating to professionalism, ethics and justice.
The aim here is to promote a spirit of what is referred to as, ‘altru-ethical professionalism’ among nascent lawyers. The term has a number of connotations and applications, but basically it means subordinating self-interest to the interests of client and community.
Among the book’s many useful features is the extensive bibliography which follows each of the ten chapters. There is an amazingly rich reservoir here, of references for further research in this area of legal scholarship, which has become increasingly central and pivotal in legal education on both sides of the Atlantic.
Practitioners and legal educators alike will certainly value this book as a catalyst for detailed and informed discussion on the future of vocational legal education. However controversial it may seem in some respects, this is a thought-provoking, as well an inspiring read.
The publication date is cited as at 2014.
- published: 19 Sep 2014
- views: 29
BOOK REVIEW
INTELLECTUAL LIBERTY
Natural Rights and Intellectual Property
By Hugh Breakey
Ashgate Publishing Limited
ISBN: 978 1 4094 4711 5
www.ashgate.com
DEVELOPING A LEGAL THEORY ON INTELLECTUAL PROPERTY
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Published recently by Ashgate, this book is the latest title in that publisher's admirable 'Law, Ethics and Governance' Series which upholds good governance as 'necessary, if not crucial, for economic success and human development' and which examines issues of good governance from the standpoint of a range of disciplines, from law, ethics and politics to economics and management theory.
The author, Hugh Breakey, of Australia's Griffith University takes an overtly philosophical approach to his subject matter as indicated in the sub-title 'natural rights and intellectual property' and it utilizes, primarily, the work of John Locke.
The book was written as part of his postdoctoral fellowship under the aegis of that university and certainly contributes considerable food for thought, analysis and contemplation to what may be seen as an ongoing debate as to whether intellectual property is actually the unassailable property of the individual who created it, or whether more of it should be more accessible via the public domain. As he readily acknowledges, much of his material is influenced by a range of learned publications from 'The Philosophical Quarterly' to 'The Modern Law Review' (in which he himself has published) and Intellectual Property Quarterly.
He argues that 'natural rights theories must include space for intellectual liberties, and so require the limitation of intellectual property rights, such as copyright and patent'. Natural rights in the jurisprudential sense may also be interpreted, we assume, as 'user's rights' frequently referred to in the text of this book.
Intellectual property lawyers may make of all this what they will! Writers, artists and designers working across a range of media and probably starving in garrets are likely to be rendered apoplectic.
The author does point out that before 17th century there was no copyright law as we now know it. One could argue that there was no mass literacy or mass media either before that period, in the form of the widespread use of the printing press, for example not to mention the thousands of other inventions that at the time had yet to be invented.
Nonetheless, the author constructs a most interesting argument substantiated for the most part by copious and wide-ranging research as evidenced by the massive bibliography. He relies greatly on the philosophy of John Locke and references a host of other thought provoking quotes from other thinkers on this vast subject, from Hume and Rousseau to, momentarily, that twentieth century darling of the far right, Ayn Rand, referred to as 'libertarian'.
On the whole, the author's thesis, although controversial, is carefully argued nonetheless and concludes that freedom, i.e. intellectual liberty, requires a balanced approach in general as well as in particular, to intellectual property rights. Students of philosophy as well as jurisprudence and legal theory will find much in this book to commend it.
- published: 24 Feb 2013
- views: 37
BOOK REVIEW
MEDIATION IN FAMILY DISPUTES
Principles of Practice
Fourth Edition
By Marian Roberts
Ashgate Publishing Limited
ISBN: 978 1 4096 5034 4
www.ashgate.com
__________________________________________________
THE AUTHORITATIVE TEXT ON FAMILY MEDIATION -- NOW IN A NEW FOURTH EDITION
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Published by Ashgate Publishing, this book should be considered a must-have purchase for legal practitioners as well as mediators.
Yes, there are already a number of books on the market dealing in detail with family mediation, most of them extremely useful in a number of respects. This book, however, is acknowledged as the pioneering work in the field. Having gone through four editions since it was first published in 1988, it is regarded as the authoritative work of reference on family mediation.
This new fourth edition has been fully updated to include a wide range of new legal and policy developments across the UK and Europe. It is distinguished by its cross-disciplinary approach which encompasses psychology and anthropology, as well as lawyer negotiation in family disputes.
The author, Marian Roberts is eminently well qualified in this expanding field, being a social worker as well as a barrister -- unusual, that, and very useful -- who has been in continuous practice as a family mediator since 1982. A visiting fellow at the London School of Economics, she is also a Political Science and Research Associate at the School of Oriental and African Studies, University of London where she teaches ADR (Alternative Dispute Resolution) at the graduate level.
‘Mediation,’ she explains, ‘is defined as a process of joint decision-making in which a third person, the mediator, exercising a non-aligned role, assists those in dispute resolution to negotiate together to reach their own mutually acceptable agreements.’
The mediation environment, she adds, provides ‘a calm, safe forum for reasonable exchange’ in which the parties in dispute can talk about what they previously could not talk about on their own, while at the same time ‘retaining their rightful authority and control implicitly respected by the mediator.’ Essentially, mediation recognizes that the parties in a dispute, no matter how acrimonious, can make their own decisions.
The book takes the reader through all pertinent aspects of family mediation, including most importantly, the legal context, which examines such issues as domestic violence and finance and property, as well as decisions of the court and the principles upon which such decisions are based, notably the primacy of the welfare of the child.
Other chapters focus on, for example, the mediator… mediation strategies… when to mediate… confidentiality… children and the mediation process… and much more.
Those doing research will also value the extensive bibliography of no less than 18 pages, plus the selective list of cases and table of statutes and statutory instruments.
Scholarly and thorough, yet succinct and practical in its approach, this work of reference should be the go-to book for all family lawyers, or indeed anyone contemplating taking a course in mediation strategy and technique. The book certainly provides considerable ammunition for lively discussion and debate on any number of subject areas and issues linked to mediation.
The publication date is cited as at July 2014.
- published: 09 Feb 2015
- views: 128
BOOK REVIEW
THE GLOBAL ANTI-MONEY LAUNDERING REGULATORY LANDSCAPE IN LESS DEVELOPED COUNTRIES
By Norman Mugarura
Ashgate Publishing Ltd
ISBN: 978 1 4094 4346 9
www.ashgate.com
MONEY LAUNDERING AND THE DEVELOPING WORLD -- AN INTERESTING READ FOR LAWYERS AND SCHOLARS IN THIS FIELD
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Recently published by Ashgate Publishing, this is a timely publication in view of the burgeoning threat inherent in money laundering worldwide. The book is presented as the first of its kind to have focused on the worrying link between money laundering and developing economies.
Specifically, the immense and special difficulties such countries face when tackling money laundering are subjected to detailed scrutiny and analysis and backed by a great deal of pertinent research.
The author, Norman Mugarura, suggests certain factors such as, for example, corruption, lack of adequate infrastructure and the failure of systems (systemic failure) in less developed countries as being largely to blame for the proliferation of this type of criminal activity.
We assume that 'systemic failure' refers to the inefficiency of, or lack of, efficient and/or ethics-based administrative and judicial systems to combat this and similar crime and corruption-related problems. 'Unfortunately in some jurisdictions,' admits Mugarura, 'the role of the courts is undercut by the obduracy of governments, which treat them as conduits for their wishes.... (and) 'mere accessories of the state, primarily interpreting laws to foster the will of parliament.'
Yes, this international problem appears multi-faceted and intractable, but the author nevertheless calls for 'a global anti-money laundering framework' which, in his view (if we are interpreting this correctly) might well be hampered, or thwarted by a number of challenges related to 'the dynamics of the market economy' -- presumably that which exists in developed countries -- such as deregulation, liberalization and conflict of laws.
Law certainly meets international financial crime and criminology analysed from a global perspective in this book.
Commercial law practitioners and others specializing in comparative law will find it of interest, as will students and academics doing research in this area. Speaking of research, there is a lengthy and useful bibliography -- about six pages long to be precise -- of learned articles, publications and books pertaining to this subject (with titles such as 'Dirty Money'), plus useful indexing.
The four appendices, also useful, include the deliberations of The Financial Action Task Force (FATF), an intergovernmental body which recommends various anti-money laundering processes, principles and procedures. The book certainly reflects the copious amount of research and hard work expended by the author and is certainly valuable for that. The publication date is cited as at 2012.
- published: 24 Aug 2012
- views: 293
BOOK REVIEW
CONSUMER DEBT AND SOCIAL EXCLUSION IN EUROPE
Edited by Hans-W Micklitz and Irina Domurath
Ashgate Publishing Limited
Markets and the Law
ISBN: 978 1 47244 903 0 (book)
978 1 47244 904 7 (ebook – PDF)
978 1 47244 905 4 (ebook – ePUB)
www.ashgate.com
A MOST WELCOME COMMENTARY ON EUROPEAN OVER-INDEBTEDNESS IN THE EARLY PART OF 21st CENTURY
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Hans-W Micklitz and Irina Domurath have brought together fourteen colleagues to produce a formidable collection of essays on the financial problems which have bedevilled Europe in the first decades of the twenty-first century.
The resulting book entitled “Consumer Debt and Social Exclusion in Europe” is very much welcomed with the need for its analyses of what the editors describe as “the dichotomy between the goal of social inclusion and the effect of social exclusion through over-indebtedness since 2008 in Europe”.
The issue of social inclusion and exclusion remains, of course, a central feature of some of the biggest issues facing the Europeans at the present time so this work is most timely.
The contributors have plugged a vital gap in the current literature which is available on the effects of the financial and economic crisis we are now confronting. Ashgate Publishing Limited has produced an excellent series on “Markets and the Law” and this is the latest addition which puts into context the academic discussion mixed with the real-life dimension of over-indebtedness.
What we have here are reports from six European countries which have provided socio-economic and legal information on over-indebtedness as well as the regulatory and judicial responses to the problems entailed by over-indebtedness.
The idea for the book came initially from a conference in 2013 entitled “The over-indebtedness of European consumers after the financial crisis” which was held at the European University Institute in Florence.
What has emerged forms the empirical background for five analyses of different aspects of the inclusion-exclusion dichotomy which will interest both lawyers and economists alike.
What does become evident upon reading the book is that in the context of credit expansion, the contributors have identified that “individual over-indebtedness has turned into a social issue, which the current design of the consumer credit and mortgage system in Europe has helped to produce while disregarding the consequential danger of social exclusion”. And it is on that basis that the value of this work to academics, interest groups and policy makers will be most keenly welcomed.
The reader could turn the issues developed here into a discussion on the financial crisis as it currently affects European countries on the macro-level rather than all the adverse developments which have appeared on the micro-level. The editors rightly describe this approach as being looked at as “single responsive measures instead of comprehensive plans”.
As further food for thought they suggest that by “turning indebtedness into over-indebtedness, the financial crisis has had large-scale social effects in terms of social exclusion that follows default on mortgage instalments, eviction and homelessness”.
Too true which is why we welcome this new title in the series devoted to the way in which the law interacts with the market through regulation, self-regulation and the impact of private law regimes.
The publication of this book is cited as 2015 although we have a long way still to go with our responses to the continuing economic crisis.
- published: 17 Aug 2015
- views: 27
Ashgate Publishing is an academic book and journal publisher based in Farnham, Surrey, United Kingdom. It was established in 1967 and specializes in the social sciences, arts, humanities, and professional practice. It has an American office in Burlington, Vermont, and another British office in London.
Gower Publishing is a professional business and management publisher based in the Farnham offices as a part of the Ashgate Publishing Group.
Lund Humphries has been a publisher of illustrated art books for over 60 years, with a particular specialisation in the field of Modern British Art. Lund Humphries is part of the Ashgate Publishing Group.
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8:02The Ashgate Reseach Companion to Migration Law, Theory and Policy
The Ashgate Reseach Companion to Migration Law, Theory and PolicyThe Ashgate Reseach Companion to Migration Law, Theory and Policy
BOOK REVIEW The Ashgate Research Companion to MIGRATION LAW, THEORY AND POLICY Edited by Satvinder S. Juss ISBN: 978 0 7546 7188 6 ASHGATE PUBLISHING LIMITED www.ashgate.com A NEW COMPILATION OF CURRENT AND ORIGINAL RESEARCH ON MIGRATION LAW An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers 'We are all immigrants,' as President Roosevelt reminded his radio listeners in America back in the 1930s. Then as now, there were perceived problems with migrants and migration, even though one might argue that the whole of human history has been one long narrative of one migration after another, either en masse or individually. Time after time, various groups of people have emigrated to other places, either to seek a better life or to escape a worse one, more often than not as refugees. This book, a recent publication from Ashgate Publishing, offers an outstanding collection of essays which together, present a state of the art review of current research on key issues on migration, namely law, theory and policy worldwide, with a view to offering a range of perspectives on future developments in this continually expanding area of law. No less than thirty-six expert authors from almost a dozen different jurisdictions worldwide have contributed research papers to this volume, which, under the editorship of Satvinder Juss, complements Ashgate's well known 'Law and Migration' series, established in 2006. Juss, who teaches international refugee law and human rights law at King's College London, is also a barrister at Gray's Inn and a former Human Rights Fellow of Harvard Law School, among a number of other achievements in his dazzling array of qualifications and practical experience. The book is divided into seven parts, the majority of which lean toward discussions centering on issues that primarily concern refugees. Certainly Parts I and II focus on this topic, with Part III examining the responsibility to protect displaced populations. Part IV deals with emerging paradigms of legal protection, with discussions on human trafficking, asylum, child migration and forced displacement. Especially topical and tragically so, are Parts V and VI which offer thoughtful contributions on such issues as detention and coercive treatment of asylum seekers. The final essay, a very pertinent article on 'the end of refugee camps' poses a lot of thorny questions relating to, for example, UN policy on what is referred to as the 'warehousing' of refugees, who all too often find themselves incarcerated in camps. In Part VII, policy and practice relating to transnational migration, citizenship and the modern state are examined in detail. In this volume of almost 750 pages, there is much to contemplate and much to enlighten anyone involved in the often excruciatingly difficult human rights issues generated by migration. As a practitioner and academic, Juss is well placed to offer a scholarly, as well as a practical approach to this sensitive and often controversial area of law. With its thorough and copious footnoting and references, this book is therefore an important contribution to the subject. The publication date is cited as at 2013. -
0:40The Ashgate Research Companion to Migration Law, Theory and Policy
The Ashgate Research Companion to Migration Law, Theory and PolicyThe Ashgate Research Companion to Migration Law, Theory and Policy
BOOK REVIEW The Ashgate Research Companion to MIGRATION LAW, THEORY AND POLICY Edited by Satvinder S. Juss ISBN: 978 0 7546 7188 6 ASHGATE PUBLISHING LIMITED www.ashgate.com A NEW COMPILATION OF CURRENT AND ORIGINAL RESEARCH ON MIGRATION LAW An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers 'We are all immigrants,' as President Roosevelt reminded his radio listeners in America back in the 1930s. Then as now, there were perceived problems with migrants and migration, even though one might argue that the whole of human history has been one long narrative of one migration after another, either en masse or individually. Time after time, various groups of people have emigrated to other places, either to seek a better life or to escape a worse one, more often than not as refugees. This book, a recent publication from Ashgate Publishing, offers an outstanding collection of essays which together, present a state of the art review of current research on key issues on migration, namely law, theory and policy worldwide, with a view to offering a range of perspectives on future developments in this continually expanding area of law. No less than thirty-six expert authors from almost a dozen different jurisdictions worldwide have contributed research papers to this volume, which, under the editorship of Satvinder Juss, complements Ashgate's well known 'Law and Migration' series, established in 2006. Juss, who teaches international refugee law and human rights law at King's College London, is also a barrister at Gray's Inn and a former Human Rights Fellow of Harvard Law School, among a number of other achievements in his dazzling array of qualifications and practical experience. The book is divided into seven parts, the majority of which lean toward discussions centering on issues that primarily concern refugees. Certainly Parts I and II focus on this topic, with Part III examining the responsibility to protect displaced populations. Part IV deals with emerging paradigms of legal protection, with discussions on human trafficking, asylum, child migration and forced displacement. Especially topical and tragically so, are Parts V and VI which offer thoughtful contributions on such issues as detention and coercive treatment of asylum seekers. The final essay, a very pertinent article on 'the end of refugee camps' poses a lot of thorny questions relating to, for example, UN policy on what is referred to as the 'warehousing' of refugees, who all too often find themselves incarcerated in camps. In Part VII, policy and practice relating to transnational migration, citizenship and the modern state are examined in detail. In this volume of almost 750 pages, there is much to contemplate and much to enlighten anyone involved in the often excruciatingly difficult human rights issues generated by migration. As a practitioner and academic, Juss is well placed to offer a scholarly, as well as a practical approach to this sensitive and often controversial area of law. With its thorough and copious footnoting and references, this book is therefore an important contribution to the subject. The publication date is cited as at 2013. -
14:48Judgments of the European Court of Human Rights
Judgments of the European Court of Human RightsJudgments of the European Court of Human Rights
BOOK REVIEW JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS- EFFECTS AND IMPLEMENTATION Edited by Anja Seibert-Fohr and Mark E Villiger Ashgate Publishing Limited Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law Also available as an ebook ISBN: 978 1 47245 975 6 (book) 978 1 47245 976 3 (ebook pdf) 978 1 47245 977 0 (ebook) www.ashgate.com THE ROLE OF THE EUROPEAN COURT OF HUMAN RIGHTS: CONTROVERSIES AND CONCLUSIONS AIRED IN A FASCINATING DEBATE An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Published by Ashgate, this book and its constituent articles is basically the result of an international conference held at Gottingen University toward the end of 2013. The key topic: the European Court of Human Rights and the various related issues -- many of them controversial – that has loomed large throughout the European Union whenever human rights are discussed. The matter of human rights -- with the need to define boundaries and arrive at correct, or at least reasonable interpretations -- has escalated into a major debate, certainly in the UK where we (not to mention the Americans, etc.) are celebrating the 800th anniversary of Magna Carta (1215) which marked the beginning of the end of absolute monarchial power and therefore the tentative and fitful start of modern democracy and the Common Law. The next few centuries that followed saw heroic and often horrific struggles to maintain the rights enshrined in Magna Carta, which by turns, were annulled, rescinded, mis-applied or conveniently ignored. And even now, when the document is venerated, (while feared by dictatorial regimes everywhere) many of its basic tenets still come under threat. With all this in mind, it should come as no surprise to anyone that there are a lot of Brits out there who are squeamish about any abdication of their sovereignty to any form of European court, including the ECHR. The most interesting segment of this book therefore -- at least to a United Kingdom readership -- is the section IV on ‘Subsidiarity’ and the role of domestic courts (i.e. the courts in individual EU member states) in implementing ECHR judgments. Of special interest here are the articles by Sir John Laws from the Court of Appeal -- and Derek Walton, the UK agent at the ECHR. ‘Are Human Rights Undemocratic?’ asks Laws, examining specific instances where this is, or is not, the case. ‘There is an imperative need,’ he says for ‘a principled disavowal by the ECHR of primary decision-maker.’ Without this disavowal there is ‘a failure to respect the courts of the Member States as the primary safeguard of human rights’. Making policy, Laws concludes, is not the role of judges; it is the role of democratic governments -- and if courts ignore that, he believes, they lose faith and damage the rule of law. In the article following this robust and absolutely correct stance, Walton examines ‘Subsidiarity and the Brighton Declaration’, pointing out that the principle of subsidiarity lies at the heart of this important conference which took place in April 2012, defining, embedding and reinforcing it. ‘Work is already under way,’ he notes ‘on the longer term future of the Court (the ECHR) that may further develop the way the principle applies.’ In the words of its two editors, Seibert-Fohr and Villiger, this admirable book which airs so many different -- and sometimes conflicting -- points of view, provides a fresh look at the relationship between national jurisdictions and the ECHR. This and the Gottingen Conference from which it sprung, have functioned as much needed initiatives in providing a highly respected forum for debate on vital human rights issues, which will ultimately affect everyone in the European Union and certainly the future of the European Union itself. It is worth noting that the book is the second volume in a new series entitled ‘Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law’. It is published under the Nomos imprint of Ashgate Publishing. Ideally, this is a book which should be on the bookshelves of international lawyers and academics throughout the European Union and beyond. -
5:31Cultural Criminology
Cultural CriminologyCultural Criminology
BOOK REVIEW CULTURAL CRIMINOLOGY Edited by Jeff Ferrell and Keith Hayward ISBN: 978 0 7546 2943 6 Ashgate Publishing Limited www.ashgate.com WHAT CAUSES CRIME? YOU TELL ME... OR READ THIS BOOK! An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers 'The quest to establish the causes of crime has been one of the most elusive searches confronting humankind,' observe Jeff Ferrell and Keith Hayward in this new book on a contemporary criminology thread, which, no doubt, will emerge as an important contribution to this field this century. Criminology is, of course, one of the social sciences and thus employs scientifically based methods and mind-sets to seek out the answer -- or answers -- to the pivotal question around which it revolves: what causes crime? As the editors explain, 'criminology's central focus is the systematic examination of the nature, extent and causes of crime.' This volume usefully compiles and presents a collection of some 22 learned essays from well known academics, each an expert in this field. It's the latest in the series published by Ashgate entitled 'The Library of Essays in Theoretical Criminology'. This particular volume focuses on 'cultural criminology' which represents and drives certain theoretical departures from what (for want of a better term) one might call "traditional", or "conventional" criminology. It consolidates some of the most important work within this relatively recent theoretical orientation and approach. We say recent because, apparently, 'cultural criminology' has emerged as a distinct new aspect of criminology since the 1990s. According to the book's introduction, 'crime and crime control operate as cultural processes manifesting themselves in the form of various phenomena, from media representations of crime, to public displays of emotion by crime victims'. To cite just one example, the editors refer to what they describe as the saturation of everyday life by multiple media forms and media technologies which, in their view, blur the distinction between 'crime' and the 'image of crime' Part III -- the section entitled 'Crime, Media and the Image' explores all the attendant issues here in thought provoking detail. The book is laid out in six sections, i.e. six categories -- including the one just mentioned -- which develop this and related themes to explain further the dynamics of cultural criminology. That each article has been lifted word for word out of its publication of origin for inclusion in this volume is obvious; which is a virtue of course, so no criticism about that, except it's a little disconcerting to see such a variety of typefaces, fonts and layouts between the same two covers! This is definitely a book for criminologists, sociologists and professionals in related or relevant fields -- the Criminal Bar, too, no doubt -- who wish to examine in depth the subject of cultural criminology in all its many facets. Here, in one handy volume, is a wealth of theoretical discussion as well as illustrative examples of how theory may be applied -- plus any number of references for further research. But, does it shed more light on the causes of crime? Possibly "yes", as much as criminology ever does. Its main advantage lies in its orientation toward the contemporary and the modern -- and in that respect it perhaps has more relevance to -- and promotes a deeper understanding of -- the almost intractable social problems which plague society today: yep, 'cultural criminology' is indeed a good title for what we face now! -
0:29The Calling of Law
The Calling of LawThe Calling of Law
BOOK REVIEW THE CALLING OF LAW The Pivotal Role of Vocational Legal Education Edited by Fiona Westwood and Karen Barton Emerging Legal Education ISBN: 978 1 4094 5554 7 ASHGATE PUBLISHING LIMITED www.ashgate.com IS LAW A CALLING? READ THIS BOOK AND BANISH ALL DOUBT An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers This book reminds lawyers that the law, which they have chosen as a career, is a calling as well as a profession and as such is imbued with a moral dimension, which they can ignore only at their peril. They -- as well as any reader interested in the law -- will therefore be concerned with the multiplicity of issues covering legal education; in particular its future as well as its present and its past. Under the able editorship of Fiona Westwood and Karen Barton, this book, a recent publication from Ashgate, brings together in one convenient volume the commentary and insight of no less than fifteen international contributors whose expertise in professional education encompasses medicine as well as law. The legal jurisdictions covered include the United Kingdom, the USA, Canada Australia and Hong Kong – all common law and all committed to producing effective practitioners, with ideally, a sense of calling to their chosen profession. ‘A sense of calling’-- and all it implies, is particularly important, says Karen Barton, in the wake of the far-reaching changes brought about by the Clementi Report (2004) and subsequently the Legal Services Act in England (2007) and in Scotland (2010). The book stresses the necessity of encouraging budding lawyers to place their moral and intellectual emphasis on, as the editors suggest, ‘culture over industry, character over eloquence and calling over skills.’ Some readers might regard all this as an achievable ideal; others may not. Still others may argue that lawyers, especially those aiming for distinction in their professional lives, should strive to exemplify all these attributes at once. Of particular interest is the article by Donald Nicholson which examines in detail the concept of the ‘clinical LLB’ which, in addition to the standard LLB curriculum, also puts special emphasis on issues relating to professionalism, ethics and justice. The aim here is to promote a spirit of what is referred to as, ‘altru-ethical professionalism’ among nascent lawyers. The term has a number of connotations and applications, but basically it means subordinating self-interest to the interests of client and community. Among the book’s many useful features is the extensive bibliography which follows each of the ten chapters. There is an amazingly rich reservoir here, of references for further research in this area of legal scholarship, which has become increasingly central and pivotal in legal education on both sides of the Atlantic. Practitioners and legal educators alike will certainly value this book as a catalyst for detailed and informed discussion on the future of vocational legal education. However controversial it may seem in some respects, this is a thought-provoking, as well an inspiring read. The publication date is cited as at 2014. -
0:31Intellectual Liberty
Intellectual LibertyIntellectual Liberty
BOOK REVIEW INTELLECTUAL LIBERTY Natural Rights and Intellectual Property By Hugh Breakey Ashgate Publishing Limited ISBN: 978 1 4094 4711 5 www.ashgate.com DEVELOPING A LEGAL THEORY ON INTELLECTUAL PROPERTY An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Published recently by Ashgate, this book is the latest title in that publisher's admirable 'Law, Ethics and Governance' Series which upholds good governance as 'necessary, if not crucial, for economic success and human development' and which examines issues of good governance from the standpoint of a range of disciplines, from law, ethics and politics to economics and management theory. The author, Hugh Breakey, of Australia's Griffith University takes an overtly philosophical approach to his subject matter as indicated in the sub-title 'natural rights and intellectual property' and it utilizes, primarily, the work of John Locke. The book was written as part of his postdoctoral fellowship under the aegis of that university and certainly contributes considerable food for thought, analysis and contemplation to what may be seen as an ongoing debate as to whether intellectual property is actually the unassailable property of the individual who created it, or whether more of it should be more accessible via the public domain. As he readily acknowledges, much of his material is influenced by a range of learned publications from 'The Philosophical Quarterly' to 'The Modern Law Review' (in which he himself has published) and Intellectual Property Quarterly. He argues that 'natural rights theories must include space for intellectual liberties, and so require the limitation of intellectual property rights, such as copyright and patent'. Natural rights in the jurisprudential sense may also be interpreted, we assume, as 'user's rights' frequently referred to in the text of this book. Intellectual property lawyers may make of all this what they will! Writers, artists and designers working across a range of media and probably starving in garrets are likely to be rendered apoplectic. The author does point out that before 17th century there was no copyright law as we now know it. One could argue that there was no mass literacy or mass media either before that period, in the form of the widespread use of the printing press, for example not to mention the thousands of other inventions that at the time had yet to be invented. Nonetheless, the author constructs a most interesting argument substantiated for the most part by copious and wide-ranging research as evidenced by the massive bibliography. He relies greatly on the philosophy of John Locke and references a host of other thought provoking quotes from other thinkers on this vast subject, from Hume and Rousseau to, momentarily, that twentieth century darling of the far right, Ayn Rand, referred to as 'libertarian'. On the whole, the author's thesis, although controversial, is carefully argued nonetheless and concludes that freedom, i.e. intellectual liberty, requires a balanced approach in general as well as in particular, to intellectual property rights. Students of philosophy as well as jurisprudence and legal theory will find much in this book to commend it. -
7:55Mediation in Family Disputes Long clip
Mediation in Family Disputes Long clipMediation in Family Disputes Long clip
BOOK REVIEW MEDIATION IN FAMILY DISPUTES Principles of Practice Fourth Edition By Marian Roberts Ashgate Publishing Limited ISBN: 978 1 4096 5034 4 www.ashgate.com __________________________________________________ THE AUTHORITATIVE TEXT ON FAMILY MEDIATION -- NOW IN A NEW FOURTH EDITION An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Published by Ashgate Publishing, this book should be considered a must-have purchase for legal practitioners as well as mediators. Yes, there are already a number of books on the market dealing in detail with family mediation, most of them extremely useful in a number of respects. This book, however, is acknowledged as the pioneering work in the field. Having gone through four editions since it was first published in 1988, it is regarded as the authoritative work of reference on family mediation. This new fourth edition has been fully updated to include a wide range of new legal and policy developments across the UK and Europe. It is distinguished by its cross-disciplinary approach which encompasses psychology and anthropology, as well as lawyer negotiation in family disputes. The author, Marian Roberts is eminently well qualified in this expanding field, being a social worker as well as a barrister -- unusual, that, and very useful -- who has been in continuous practice as a family mediator since 1982. A visiting fellow at the London School of Economics, she is also a Political Science and Research Associate at the School of Oriental and African Studies, University of London where she teaches ADR (Alternative Dispute Resolution) at the graduate level. ‘Mediation,’ she explains, ‘is defined as a process of joint decision-making in which a third person, the mediator, exercising a non-aligned role, assists those in dispute resolution to negotiate together to reach their own mutually acceptable agreements.’ The mediation environment, she adds, provides ‘a calm, safe forum for reasonable exchange’ in which the parties in dispute can talk about what they previously could not talk about on their own, while at the same time ‘retaining their rightful authority and control implicitly respected by the mediator.’ Essentially, mediation recognizes that the parties in a dispute, no matter how acrimonious, can make their own decisions. The book takes the reader through all pertinent aspects of family mediation, including most importantly, the legal context, which examines such issues as domestic violence and finance and property, as well as decisions of the court and the principles upon which such decisions are based, notably the primacy of the welfare of the child. Other chapters focus on, for example, the mediator… mediation strategies… when to mediate… confidentiality… children and the mediation process… and much more. Those doing research will also value the extensive bibliography of no less than 18 pages, plus the selective list of cases and table of statutes and statutory instruments. Scholarly and thorough, yet succinct and practical in its approach, this work of reference should be the go-to book for all family lawyers, or indeed anyone contemplating taking a course in mediation strategy and technique. The book certainly provides considerable ammunition for lively discussion and debate on any number of subject areas and issues linked to mediation. The publication date is cited as at July 2014. -
4:51The Global Anti Money Laundering Regulatory Landscape in Less Developed Countries
The Global Anti Money Laundering Regulatory Landscape in Less Developed CountriesThe Global Anti Money Laundering Regulatory Landscape in Less Developed Countries
BOOK REVIEW THE GLOBAL ANTI-MONEY LAUNDERING REGULATORY LANDSCAPE IN LESS DEVELOPED COUNTRIES By Norman Mugarura Ashgate Publishing Ltd ISBN: 978 1 4094 4346 9 www.ashgate.com MONEY LAUNDERING AND THE DEVELOPING WORLD -- AN INTERESTING READ FOR LAWYERS AND SCHOLARS IN THIS FIELD An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Recently published by Ashgate Publishing, this is a timely publication in view of the burgeoning threat inherent in money laundering worldwide. The book is presented as the first of its kind to have focused on the worrying link between money laundering and developing economies. Specifically, the immense and special difficulties such countries face when tackling money laundering are subjected to detailed scrutiny and analysis and backed by a great deal of pertinent research. The author, Norman Mugarura, suggests certain factors such as, for example, corruption, lack of adequate infrastructure and the failure of systems (systemic failure) in less developed countries as being largely to blame for the proliferation of this type of criminal activity. We assume that 'systemic failure' refers to the inefficiency of, or lack of, efficient and/or ethics-based administrative and judicial systems to combat this and similar crime and corruption-related problems. 'Unfortunately in some jurisdictions,' admits Mugarura, 'the role of the courts is undercut by the obduracy of governments, which treat them as conduits for their wishes.... (and) 'mere accessories of the state, primarily interpreting laws to foster the will of parliament.' Yes, this international problem appears multi-faceted and intractable, but the author nevertheless calls for 'a global anti-money laundering framework' which, in his view (if we are interpreting this correctly) might well be hampered, or thwarted by a number of challenges related to 'the dynamics of the market economy' -- presumably that which exists in developed countries -- such as deregulation, liberalization and conflict of laws. Law certainly meets international financial crime and criminology analysed from a global perspective in this book. Commercial law practitioners and others specializing in comparative law will find it of interest, as will students and academics doing research in this area. Speaking of research, there is a lengthy and useful bibliography -- about six pages long to be precise -- of learned articles, publications and books pertaining to this subject (with titles such as 'Dirty Money'), plus useful indexing. The four appendices, also useful, include the deliberations of The Financial Action Task Force (FATF), an intergovernmental body which recommends various anti-money laundering processes, principles and procedures. The book certainly reflects the copious amount of research and hard work expended by the author and is certainly valuable for that. The publication date is cited as at 2012. -
11:48Consumer Debt and Social Exclusion in Europe
Consumer Debt and Social Exclusion in EuropeConsumer Debt and Social Exclusion in Europe
BOOK REVIEW CONSUMER DEBT AND SOCIAL EXCLUSION IN EUROPE Edited by Hans-W Micklitz and Irina Domurath Ashgate Publishing Limited Markets and the Law ISBN: 978 1 47244 903 0 (book) 978 1 47244 904 7 (ebook – PDF) 978 1 47244 905 4 (ebook – ePUB) www.ashgate.com A MOST WELCOME COMMENTARY ON EUROPEAN OVER-INDEBTEDNESS IN THE EARLY PART OF 21st CENTURY An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Hans-W Micklitz and Irina Domurath have brought together fourteen colleagues to produce a formidable collection of essays on the financial problems which have bedevilled Europe in the first decades of the twenty-first century. The resulting book entitled “Consumer Debt and Social Exclusion in Europe” is very much welcomed with the need for its analyses of what the editors describe as “the dichotomy between the goal of social inclusion and the effect of social exclusion through over-indebtedness since 2008 in Europe”. The issue of social inclusion and exclusion remains, of course, a central feature of some of the biggest issues facing the Europeans at the present time so this work is most timely. The contributors have plugged a vital gap in the current literature which is available on the effects of the financial and economic crisis we are now confronting. Ashgate Publishing Limited has produced an excellent series on “Markets and the Law” and this is the latest addition which puts into context the academic discussion mixed with the real-life dimension of over-indebtedness. What we have here are reports from six European countries which have provided socio-economic and legal information on over-indebtedness as well as the regulatory and judicial responses to the problems entailed by over-indebtedness. The idea for the book came initially from a conference in 2013 entitled “The over-indebtedness of European consumers after the financial crisis” which was held at the European University Institute in Florence. What has emerged forms the empirical background for five analyses of different aspects of the inclusion-exclusion dichotomy which will interest both lawyers and economists alike. What does become evident upon reading the book is that in the context of credit expansion, the contributors have identified that “individual over-indebtedness has turned into a social issue, which the current design of the consumer credit and mortgage system in Europe has helped to produce while disregarding the consequential danger of social exclusion”. And it is on that basis that the value of this work to academics, interest groups and policy makers will be most keenly welcomed. The reader could turn the issues developed here into a discussion on the financial crisis as it currently affects European countries on the macro-level rather than all the adverse developments which have appeared on the micro-level. The editors rightly describe this approach as being looked at as “single responsive measures instead of comprehensive plans”. As further food for thought they suggest that by “turning indebtedness into over-indebtedness, the financial crisis has had large-scale social effects in terms of social exclusion that follows default on mortgage instalments, eviction and homelessness”. Too true which is why we welcome this new title in the series devoted to the way in which the law interacts with the market through regulation, self-regulation and the impact of private law regimes. The publication of this book is cited as 2015 although we have a long way still to go with our responses to the continuing economic crisis.
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The Ashgate Reseach Companion to Migration Law, Theory and Policy
BOOK REVIEW The Ashgate Research Companion to MIGRATION LAW, THEORY AND POLICY Edited by Satvinder S. Juss ISBN: 978 0 7546 7188 6 ASHGATE PUBLISHING LIMITED www.ashgate.com A NEW COMPILATION OF CURRENT AND ORIGINAL RESEARCH ON MIGRATION LAW An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers 'We are all immigrants,' as President Roosevelt reminded his radio listeners in America back in the 1930s. Then as now, there were perceived problems with migrants and migration, even though one might argue that the whole of human history has been one long narrative of one migration after another, either en masse or individually. Time after time, various groups of people have emigrated to other places, either to seek a better life or to escape a worse one, ... -
The Ashgate Research Companion to Migration Law, Theory and Policy
BOOK REVIEW The Ashgate Research Companion to MIGRATION LAW, THEORY AND POLICY Edited by Satvinder S. Juss ISBN: 978 0 7546 7188 6 ASHGATE PUBLISHING LIMITED www.ashgate.com A NEW COMPILATION OF CURRENT AND ORIGINAL RESEARCH ON MIGRATION LAW An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers 'We are all immigrants,' as President Roosevelt reminded his radio listeners in America back in the 1930s. Then as now, there were perceived problems with migrants and migration, even though one might argue that the whole of human history has been one long narrative of one migration after another, either en masse or individually. Time after time, various groups of people have emigrated to other places, either to seek a better life or to escape a worse one, ... -
Judgments of the European Court of Human Rights
BOOK REVIEW JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS- EFFECTS AND IMPLEMENTATION Edited by Anja Seibert-Fohr and Mark E Villiger Ashgate Publishing Limited Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law Also available as an ebook ISBN: 978 1 47245 975 6 (book) 978 1 47245 976 3 (ebook pdf) 978 1 47245 977 0 (ebook) www.ashgate.com THE ROLE OF THE EUROPEAN COURT OF HUMAN RIGHTS: CONTROVERSIES AND CONCLUSIONS AIRED IN A FASCINATING DEBATE An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Published by Ashgate, this book and its constituent articles is basically the result of an international conference held at Gottingen University toward the end of 2013. The key topic: th... -
Cultural Criminology
BOOK REVIEW CULTURAL CRIMINOLOGY Edited by Jeff Ferrell and Keith Hayward ISBN: 978 0 7546 2943 6 Ashgate Publishing Limited www.ashgate.com WHAT CAUSES CRIME? YOU TELL ME... OR READ THIS BOOK! An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers 'The quest to establish the causes of crime has been one of the most elusive searches confronting humankind,' observe Jeff Ferrell and Keith Hayward in this new book on a contemporary criminology thread, which, no doubt, will emerge as an important contribution to this field this century. Criminology is, of course, one of the social sciences and thus employs scientifically based methods and mind-sets to seek out the answer -- or answers -- to the pivotal question around which it r... -
The Calling of Law
BOOK REVIEW THE CALLING OF LAW The Pivotal Role of Vocational Legal Education Edited by Fiona Westwood and Karen Barton Emerging Legal Education ISBN: 978 1 4094 5554 7 ASHGATE PUBLISHING LIMITED www.ashgate.com IS LAW A CALLING? READ THIS BOOK AND BANISH ALL DOUBT An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers This book reminds lawyers that the law, which they have chosen as a career, is a calling as well as a profession and as such is imbued with a moral dimension, which they can ignore only at their peril. They -- as well as any reader interested in the law -- will therefore be concerned with the multiplicity of issues covering legal education; in particular its future as well as its present and its past. Under the able editorship of F... -
Intellectual Liberty
BOOK REVIEW INTELLECTUAL LIBERTY Natural Rights and Intellectual Property By Hugh Breakey Ashgate Publishing Limited ISBN: 978 1 4094 4711 5 www.ashgate.com DEVELOPING A LEGAL THEORY ON INTELLECTUAL PROPERTY An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Published recently by Ashgate, this book is the latest title in that publisher's admirable 'Law, Ethics and Governance' Series which upholds good governance as 'necessary, if not crucial, for economic success and human development' and which examines issues of good governance from the standpoint of a range of disciplines, from law, ethics and politics to economics and management theory. The author, Hugh Breakey, of Australia's Griffith University takes an overtly philosophical approach to ... -
Mediation in Family Disputes Long clip
BOOK REVIEW MEDIATION IN FAMILY DISPUTES Principles of Practice Fourth Edition By Marian Roberts Ashgate Publishing Limited ISBN: 978 1 4096 5034 4 www.ashgate.com __________________________________________________ THE AUTHORITATIVE TEXT ON FAMILY MEDIATION -- NOW IN A NEW FOURTH EDITION An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Published by Ashgate Publishing, this book should be considered a must-have purchase for legal practitioners as well as mediators. Yes, there are already a number of books on the market dealing in detail with family mediation, most of them extremely useful in a number of respects. This book, however, is acknowledged as the pioneering work in the field. Having gone through four editions since it was first ... -
The Global Anti Money Laundering Regulatory Landscape in Less Developed Countries
BOOK REVIEW THE GLOBAL ANTI-MONEY LAUNDERING REGULATORY LANDSCAPE IN LESS DEVELOPED COUNTRIES By Norman Mugarura Ashgate Publishing Ltd ISBN: 978 1 4094 4346 9 www.ashgate.com MONEY LAUNDERING AND THE DEVELOPING WORLD -- AN INTERESTING READ FOR LAWYERS AND SCHOLARS IN THIS FIELD An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Recently published by Ashgate Publishing, this is a timely publication in view of the burgeoning threat inherent in money laundering worldwide. The book is presented as the first of its kind to have focused on the worrying link between money laundering and developing economies. Specifically, the immense and special difficulties such countries face when tackling money laundering are subjected to detailed scrutiny and ... -
Consumer Debt and Social Exclusion in Europe
BOOK REVIEW CONSUMER DEBT AND SOCIAL EXCLUSION IN EUROPE Edited by Hans-W Micklitz and Irina Domurath Ashgate Publishing Limited Markets and the Law ISBN: 978 1 47244 903 0 (book) 978 1 47244 904 7 (ebook – PDF) 978 1 47244 905 4 (ebook – ePUB) www.ashgate.com A MOST WELCOME COMMENTARY ON EUROPEAN OVER-INDEBTEDNESS IN THE EARLY PART OF 21st CENTURY An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Hans-W Micklitz and Irina Domurath have brought together fourteen colleagues to produce a formidable collection of essays on the financial problems which have bedevilled Europe in the first decades of the twenty-first century. The resulting book entitled “Consumer Debt and Social Exclusion in Europe” is very much welcomed with the need for...
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The Ashgate Reseach Companion to Migration Law, Theory and Policy
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BOOK REVIEW
The Ashgate Research Companion to
MIGRATION LAW, THEORY AND POLICY
Edited by Satvinder S. Juss
ISBN: 978 0 7546 7188 6
ASHGATE PUBLISHING LIMITE...
BOOK REVIEW
The Ashgate Research Companion to
MIGRATION LAW, THEORY AND POLICY
Edited by Satvinder S. Juss
ISBN: 978 0 7546 7188 6
ASHGATE PUBLISHING LIMITED
www.ashgate.com
A NEW COMPILATION OF CURRENT AND ORIGINAL RESEARCH ON MIGRATION LAW
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
'We are all immigrants,' as President Roosevelt reminded his radio listeners in America back in the 1930s. Then as now, there were perceived problems with migrants and migration, even though one might argue that the whole of human history has been one long narrative of one migration after another, either en masse or individually. Time after time, various groups of people have emigrated to other places, either to seek a better life or to escape a worse one, more often than not as refugees.
This book, a recent publication from Ashgate Publishing, offers an outstanding collection of essays which together, present a state of the art review of current research on key issues on migration, namely law, theory and policy worldwide, with a view to offering a range of perspectives on future developments in this continually expanding area of law.
No less than thirty-six expert authors from almost a dozen different jurisdictions worldwide have contributed research papers to this volume, which, under the editorship of Satvinder Juss, complements Ashgate's well known 'Law and Migration' series, established in 2006. Juss, who teaches international refugee law and human rights law at King's College London, is also a barrister at Gray's Inn and a former Human Rights Fellow of Harvard Law School, among a number of other achievements in his dazzling array of qualifications and practical experience.
The book is divided into seven parts, the majority of which lean toward discussions centering on issues that primarily concern refugees. Certainly Parts I and II focus on this topic, with Part III examining the responsibility to protect displaced populations. Part IV deals with emerging paradigms of legal protection, with discussions on human trafficking, asylum, child migration and forced displacement.
Especially topical and tragically so, are Parts V and VI which offer thoughtful contributions on such issues as detention and coercive treatment of asylum seekers. The final essay, a very pertinent article on 'the end of refugee camps' poses a lot of thorny questions relating to, for example, UN policy on what is referred to as the 'warehousing' of refugees, who all too often find themselves incarcerated in camps. In Part VII, policy and practice relating to transnational migration, citizenship and the modern state are examined in detail.
In this volume of almost 750 pages, there is much to contemplate and much to enlighten anyone involved in the often excruciatingly difficult human rights issues generated by migration. As a practitioner and academic, Juss is well placed to offer a scholarly, as well as a practical approach to this sensitive and often controversial area of law. With its thorough and copious footnoting and references, this book is therefore an important contribution to the subject.
The publication date is cited as at 2013.
wn.com/The Ashgate Reseach Companion To Migration Law, Theory And Policy
BOOK REVIEW
The Ashgate Research Companion to
MIGRATION LAW, THEORY AND POLICY
Edited by Satvinder S. Juss
ISBN: 978 0 7546 7188 6
ASHGATE PUBLISHING LIMITED
www.ashgate.com
A NEW COMPILATION OF CURRENT AND ORIGINAL RESEARCH ON MIGRATION LAW
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
'We are all immigrants,' as President Roosevelt reminded his radio listeners in America back in the 1930s. Then as now, there were perceived problems with migrants and migration, even though one might argue that the whole of human history has been one long narrative of one migration after another, either en masse or individually. Time after time, various groups of people have emigrated to other places, either to seek a better life or to escape a worse one, more often than not as refugees.
This book, a recent publication from Ashgate Publishing, offers an outstanding collection of essays which together, present a state of the art review of current research on key issues on migration, namely law, theory and policy worldwide, with a view to offering a range of perspectives on future developments in this continually expanding area of law.
No less than thirty-six expert authors from almost a dozen different jurisdictions worldwide have contributed research papers to this volume, which, under the editorship of Satvinder Juss, complements Ashgate's well known 'Law and Migration' series, established in 2006. Juss, who teaches international refugee law and human rights law at King's College London, is also a barrister at Gray's Inn and a former Human Rights Fellow of Harvard Law School, among a number of other achievements in his dazzling array of qualifications and practical experience.
The book is divided into seven parts, the majority of which lean toward discussions centering on issues that primarily concern refugees. Certainly Parts I and II focus on this topic, with Part III examining the responsibility to protect displaced populations. Part IV deals with emerging paradigms of legal protection, with discussions on human trafficking, asylum, child migration and forced displacement.
Especially topical and tragically so, are Parts V and VI which offer thoughtful contributions on such issues as detention and coercive treatment of asylum seekers. The final essay, a very pertinent article on 'the end of refugee camps' poses a lot of thorny questions relating to, for example, UN policy on what is referred to as the 'warehousing' of refugees, who all too often find themselves incarcerated in camps. In Part VII, policy and practice relating to transnational migration, citizenship and the modern state are examined in detail.
In this volume of almost 750 pages, there is much to contemplate and much to enlighten anyone involved in the often excruciatingly difficult human rights issues generated by migration. As a practitioner and academic, Juss is well placed to offer a scholarly, as well as a practical approach to this sensitive and often controversial area of law. With its thorough and copious footnoting and references, this book is therefore an important contribution to the subject.
The publication date is cited as at 2013.
- published: 11 May 2014
- views: 60
The Ashgate Research Companion to Migration Law, Theory and Policy
- Order: Reorder
- Duration: 0:40
- Updated: 11 May 2014
- views: 13
BOOK REVIEW
The Ashgate Research Companion to
MIGRATION LAW, THEORY AND POLICY
Edited by Satvinder S. Juss
ISBN: 978 0 7546 7188 6
ASHGATE PUBLISHING LIMITE...
BOOK REVIEW
The Ashgate Research Companion to
MIGRATION LAW, THEORY AND POLICY
Edited by Satvinder S. Juss
ISBN: 978 0 7546 7188 6
ASHGATE PUBLISHING LIMITED
www.ashgate.com
A NEW COMPILATION OF CURRENT AND ORIGINAL RESEARCH ON MIGRATION LAW
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
'We are all immigrants,' as President Roosevelt reminded his radio listeners in America back in the 1930s. Then as now, there were perceived problems with migrants and migration, even though one might argue that the whole of human history has been one long narrative of one migration after another, either en masse or individually. Time after time, various groups of people have emigrated to other places, either to seek a better life or to escape a worse one, more often than not as refugees.
This book, a recent publication from Ashgate Publishing, offers an outstanding collection of essays which together, present a state of the art review of current research on key issues on migration, namely law, theory and policy worldwide, with a view to offering a range of perspectives on future developments in this continually expanding area of law.
No less than thirty-six expert authors from almost a dozen different jurisdictions worldwide have contributed research papers to this volume, which, under the editorship of Satvinder Juss, complements Ashgate's well known 'Law and Migration' series, established in 2006. Juss, who teaches international refugee law and human rights law at King's College London, is also a barrister at Gray's Inn and a former Human Rights Fellow of Harvard Law School, among a number of other achievements in his dazzling array of qualifications and practical experience.
The book is divided into seven parts, the majority of which lean toward discussions centering on issues that primarily concern refugees. Certainly Parts I and II focus on this topic, with Part III examining the responsibility to protect displaced populations. Part IV deals with emerging paradigms of legal protection, with discussions on human trafficking, asylum, child migration and forced displacement.
Especially topical and tragically so, are Parts V and VI which offer thoughtful contributions on such issues as detention and coercive treatment of asylum seekers. The final essay, a very pertinent article on 'the end of refugee camps' poses a lot of thorny questions relating to, for example, UN policy on what is referred to as the 'warehousing' of refugees, who all too often find themselves incarcerated in camps. In Part VII, policy and practice relating to transnational migration, citizenship and the modern state are examined in detail.
In this volume of almost 750 pages, there is much to contemplate and much to enlighten anyone involved in the often excruciatingly difficult human rights issues generated by migration. As a practitioner and academic, Juss is well placed to offer a scholarly, as well as a practical approach to this sensitive and often controversial area of law. With its thorough and copious footnoting and references, this book is therefore an important contribution to the subject.
The publication date is cited as at 2013.
wn.com/The Ashgate Research Companion To Migration Law, Theory And Policy
BOOK REVIEW
The Ashgate Research Companion to
MIGRATION LAW, THEORY AND POLICY
Edited by Satvinder S. Juss
ISBN: 978 0 7546 7188 6
ASHGATE PUBLISHING LIMITED
www.ashgate.com
A NEW COMPILATION OF CURRENT AND ORIGINAL RESEARCH ON MIGRATION LAW
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
'We are all immigrants,' as President Roosevelt reminded his radio listeners in America back in the 1930s. Then as now, there were perceived problems with migrants and migration, even though one might argue that the whole of human history has been one long narrative of one migration after another, either en masse or individually. Time after time, various groups of people have emigrated to other places, either to seek a better life or to escape a worse one, more often than not as refugees.
This book, a recent publication from Ashgate Publishing, offers an outstanding collection of essays which together, present a state of the art review of current research on key issues on migration, namely law, theory and policy worldwide, with a view to offering a range of perspectives on future developments in this continually expanding area of law.
No less than thirty-six expert authors from almost a dozen different jurisdictions worldwide have contributed research papers to this volume, which, under the editorship of Satvinder Juss, complements Ashgate's well known 'Law and Migration' series, established in 2006. Juss, who teaches international refugee law and human rights law at King's College London, is also a barrister at Gray's Inn and a former Human Rights Fellow of Harvard Law School, among a number of other achievements in his dazzling array of qualifications and practical experience.
The book is divided into seven parts, the majority of which lean toward discussions centering on issues that primarily concern refugees. Certainly Parts I and II focus on this topic, with Part III examining the responsibility to protect displaced populations. Part IV deals with emerging paradigms of legal protection, with discussions on human trafficking, asylum, child migration and forced displacement.
Especially topical and tragically so, are Parts V and VI which offer thoughtful contributions on such issues as detention and coercive treatment of asylum seekers. The final essay, a very pertinent article on 'the end of refugee camps' poses a lot of thorny questions relating to, for example, UN policy on what is referred to as the 'warehousing' of refugees, who all too often find themselves incarcerated in camps. In Part VII, policy and practice relating to transnational migration, citizenship and the modern state are examined in detail.
In this volume of almost 750 pages, there is much to contemplate and much to enlighten anyone involved in the often excruciatingly difficult human rights issues generated by migration. As a practitioner and academic, Juss is well placed to offer a scholarly, as well as a practical approach to this sensitive and often controversial area of law. With its thorough and copious footnoting and references, this book is therefore an important contribution to the subject.
The publication date is cited as at 2013.
- published: 11 May 2014
- views: 13
Judgments of the European Court of Human Rights
- Order: Reorder
- Duration: 14:48
- Updated: 21 Jun 2015
- views: 188
BOOK REVIEW
JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS- EFFECTS AND IMPLEMENTATION
Edited by Anja Seibert-Fohr and Mark E Villiger
Ashgate Publishing Li...
BOOK REVIEW
JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS- EFFECTS AND IMPLEMENTATION
Edited by Anja Seibert-Fohr and Mark E Villiger
Ashgate Publishing Limited
Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
Also available as an ebook
ISBN: 978 1 47245 975 6 (book)
978 1 47245 976 3 (ebook pdf)
978 1 47245 977 0 (ebook)
www.ashgate.com
THE ROLE OF THE EUROPEAN COURT OF HUMAN RIGHTS: CONTROVERSIES AND CONCLUSIONS AIRED IN A FASCINATING DEBATE
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Published by Ashgate, this book and its constituent articles is basically the result of an international conference held at Gottingen University toward the end of 2013.
The key topic: the European Court of Human Rights and the various related issues -- many of them controversial – that has loomed large throughout the European Union whenever human rights are discussed.
The matter of human rights -- with the need to define boundaries and arrive at correct, or at least reasonable interpretations -- has escalated into a major debate, certainly in the UK where we (not to mention the Americans, etc.) are celebrating the 800th anniversary of Magna Carta (1215) which marked the beginning of the end of absolute monarchial power and therefore the tentative and fitful start of modern democracy and the Common Law.
The next few centuries that followed saw heroic and often horrific struggles to maintain the rights enshrined in Magna Carta, which by turns, were annulled, rescinded, mis-applied or conveniently ignored. And even now, when the document is venerated, (while feared by dictatorial regimes everywhere) many of its basic tenets still come under threat.
With all this in mind, it should come as no surprise to anyone that there are a lot of Brits out there who are squeamish about any abdication of their sovereignty to any form of European court, including the ECHR.
The most interesting segment of this book therefore -- at least to a United Kingdom readership -- is the section IV on ‘Subsidiarity’ and the role of domestic courts (i.e. the courts in individual EU member states) in implementing ECHR judgments.
Of special interest here are the articles by Sir John Laws from the Court of Appeal -- and Derek Walton, the UK agent at the ECHR. ‘Are Human Rights Undemocratic?’ asks Laws, examining specific instances where this is, or is not, the case.
‘There is an imperative need,’ he says for ‘a principled disavowal by the ECHR of primary decision-maker.’ Without this disavowal there is ‘a failure to respect the courts of the Member States as the primary safeguard of human rights’.
Making policy, Laws concludes, is not the role of judges; it is the role of democratic governments -- and if courts ignore that, he believes, they lose faith and damage the rule of law.
In the article following this robust and absolutely correct stance, Walton examines ‘Subsidiarity and the Brighton Declaration’, pointing out that the principle of subsidiarity lies at the heart of this important conference which took place in April 2012, defining, embedding and reinforcing it. ‘Work is already under way,’ he notes ‘on the longer term future of the Court (the ECHR) that may further develop the way the principle applies.’
In the words of its two editors, Seibert-Fohr and Villiger, this admirable book which airs so many different -- and sometimes conflicting -- points of view, provides a fresh look at the relationship between national jurisdictions and the ECHR.
This and the Gottingen Conference from which it sprung, have functioned as much needed initiatives in providing a highly respected forum for debate on vital human rights issues, which will ultimately affect everyone in the European Union and certainly the future of the European Union itself.
It is worth noting that the book is the second volume in a new series entitled ‘Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law’. It is published under the Nomos imprint of Ashgate Publishing.
Ideally, this is a book which should be on the bookshelves of international lawyers and academics throughout the European Union and beyond.
wn.com/Judgments Of The European Court Of Human Rights
BOOK REVIEW
JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS- EFFECTS AND IMPLEMENTATION
Edited by Anja Seibert-Fohr and Mark E Villiger
Ashgate Publishing Limited
Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
Also available as an ebook
ISBN: 978 1 47245 975 6 (book)
978 1 47245 976 3 (ebook pdf)
978 1 47245 977 0 (ebook)
www.ashgate.com
THE ROLE OF THE EUROPEAN COURT OF HUMAN RIGHTS: CONTROVERSIES AND CONCLUSIONS AIRED IN A FASCINATING DEBATE
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Published by Ashgate, this book and its constituent articles is basically the result of an international conference held at Gottingen University toward the end of 2013.
The key topic: the European Court of Human Rights and the various related issues -- many of them controversial – that has loomed large throughout the European Union whenever human rights are discussed.
The matter of human rights -- with the need to define boundaries and arrive at correct, or at least reasonable interpretations -- has escalated into a major debate, certainly in the UK where we (not to mention the Americans, etc.) are celebrating the 800th anniversary of Magna Carta (1215) which marked the beginning of the end of absolute monarchial power and therefore the tentative and fitful start of modern democracy and the Common Law.
The next few centuries that followed saw heroic and often horrific struggles to maintain the rights enshrined in Magna Carta, which by turns, were annulled, rescinded, mis-applied or conveniently ignored. And even now, when the document is venerated, (while feared by dictatorial regimes everywhere) many of its basic tenets still come under threat.
With all this in mind, it should come as no surprise to anyone that there are a lot of Brits out there who are squeamish about any abdication of their sovereignty to any form of European court, including the ECHR.
The most interesting segment of this book therefore -- at least to a United Kingdom readership -- is the section IV on ‘Subsidiarity’ and the role of domestic courts (i.e. the courts in individual EU member states) in implementing ECHR judgments.
Of special interest here are the articles by Sir John Laws from the Court of Appeal -- and Derek Walton, the UK agent at the ECHR. ‘Are Human Rights Undemocratic?’ asks Laws, examining specific instances where this is, or is not, the case.
‘There is an imperative need,’ he says for ‘a principled disavowal by the ECHR of primary decision-maker.’ Without this disavowal there is ‘a failure to respect the courts of the Member States as the primary safeguard of human rights’.
Making policy, Laws concludes, is not the role of judges; it is the role of democratic governments -- and if courts ignore that, he believes, they lose faith and damage the rule of law.
In the article following this robust and absolutely correct stance, Walton examines ‘Subsidiarity and the Brighton Declaration’, pointing out that the principle of subsidiarity lies at the heart of this important conference which took place in April 2012, defining, embedding and reinforcing it. ‘Work is already under way,’ he notes ‘on the longer term future of the Court (the ECHR) that may further develop the way the principle applies.’
In the words of its two editors, Seibert-Fohr and Villiger, this admirable book which airs so many different -- and sometimes conflicting -- points of view, provides a fresh look at the relationship between national jurisdictions and the ECHR.
This and the Gottingen Conference from which it sprung, have functioned as much needed initiatives in providing a highly respected forum for debate on vital human rights issues, which will ultimately affect everyone in the European Union and certainly the future of the European Union itself.
It is worth noting that the book is the second volume in a new series entitled ‘Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law’. It is published under the Nomos imprint of Ashgate Publishing.
Ideally, this is a book which should be on the bookshelves of international lawyers and academics throughout the European Union and beyond.
- published: 21 Jun 2015
- views: 188
Cultural Criminology
- Order: Reorder
- Duration: 5:31
- Updated: 24 Jul 2011
- views: 1931
BOOK REVIEW
CULTURAL CRIMINOLOGY
Edited by Jeff Ferrell and Keith Hayward
ISBN: 978 0 7546 2943 6
Ashgate Publishing Limited
www.ashgate.com
...
BOOK REVIEW
CULTURAL CRIMINOLOGY
Edited by Jeff Ferrell and Keith Hayward
ISBN: 978 0 7546 2943 6
Ashgate Publishing Limited
www.ashgate.com
WHAT CAUSES CRIME? YOU TELL ME... OR READ THIS BOOK!
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
'The quest to establish the causes of crime has been one of the most elusive searches confronting humankind,' observe Jeff Ferrell and Keith Hayward in this new book on a contemporary criminology thread, which, no doubt, will emerge as an important contribution to this field this century.
Criminology is, of course, one of the social sciences and thus employs scientifically based methods and mind-sets to seek out the answer -- or answers -- to the pivotal question around which it revolves: what causes crime? As the editors explain, 'criminology's central focus is the systematic examination of the nature, extent and causes of crime.'
This volume usefully compiles and presents a collection of some 22 learned essays from well known academics, each an expert in this field. It's the latest in the series published by Ashgate entitled 'The Library of Essays in Theoretical Criminology'.
This particular volume focuses on 'cultural criminology' which represents and drives certain theoretical departures from what (for want of a better term) one might call "traditional", or "conventional" criminology. It consolidates some of the most important work within this relatively recent theoretical orientation and approach. We say recent because, apparently, 'cultural criminology' has emerged as a distinct new aspect of criminology since the 1990s.
According to the book's introduction, 'crime and crime control operate as cultural processes manifesting themselves in the form of various phenomena, from media representations of crime, to public displays of emotion by crime victims'.
To cite just one example, the editors refer to what they describe as the saturation of everyday life by multiple media forms and media technologies which, in their view, blur the distinction between 'crime' and the 'image of crime' Part III -- the section entitled 'Crime, Media and the Image' explores all the attendant issues here in thought provoking detail.
The book is laid out in six sections, i.e. six categories -- including the one just mentioned -- which develop this and related themes to explain further the dynamics of cultural criminology. That each article has been lifted word for word out of its publication of origin for inclusion in this volume is obvious; which is a virtue of course, so no criticism about that, except it's a little disconcerting to see such a variety of typefaces, fonts and layouts between the same two covers!
This is definitely a book for criminologists, sociologists and professionals in related or relevant fields -- the Criminal Bar, too, no doubt -- who wish to examine in depth the subject of cultural criminology in all its many facets.
Here, in one handy volume, is a wealth of theoretical discussion as well as illustrative examples of how theory may be applied -- plus any number of references for further research. But, does it shed more light on the causes of crime?
Possibly "yes", as much as criminology ever does. Its main advantage lies in its orientation toward the contemporary and the modern -- and in that respect it perhaps has more relevance to -- and promotes a deeper understanding of -- the almost intractable social problems which plague society today: yep, 'cultural criminology' is indeed a good title for what we face now!
wn.com/Cultural Criminology
BOOK REVIEW
CULTURAL CRIMINOLOGY
Edited by Jeff Ferrell and Keith Hayward
ISBN: 978 0 7546 2943 6
Ashgate Publishing Limited
www.ashgate.com
WHAT CAUSES CRIME? YOU TELL ME... OR READ THIS BOOK!
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
'The quest to establish the causes of crime has been one of the most elusive searches confronting humankind,' observe Jeff Ferrell and Keith Hayward in this new book on a contemporary criminology thread, which, no doubt, will emerge as an important contribution to this field this century.
Criminology is, of course, one of the social sciences and thus employs scientifically based methods and mind-sets to seek out the answer -- or answers -- to the pivotal question around which it revolves: what causes crime? As the editors explain, 'criminology's central focus is the systematic examination of the nature, extent and causes of crime.'
This volume usefully compiles and presents a collection of some 22 learned essays from well known academics, each an expert in this field. It's the latest in the series published by Ashgate entitled 'The Library of Essays in Theoretical Criminology'.
This particular volume focuses on 'cultural criminology' which represents and drives certain theoretical departures from what (for want of a better term) one might call "traditional", or "conventional" criminology. It consolidates some of the most important work within this relatively recent theoretical orientation and approach. We say recent because, apparently, 'cultural criminology' has emerged as a distinct new aspect of criminology since the 1990s.
According to the book's introduction, 'crime and crime control operate as cultural processes manifesting themselves in the form of various phenomena, from media representations of crime, to public displays of emotion by crime victims'.
To cite just one example, the editors refer to what they describe as the saturation of everyday life by multiple media forms and media technologies which, in their view, blur the distinction between 'crime' and the 'image of crime' Part III -- the section entitled 'Crime, Media and the Image' explores all the attendant issues here in thought provoking detail.
The book is laid out in six sections, i.e. six categories -- including the one just mentioned -- which develop this and related themes to explain further the dynamics of cultural criminology. That each article has been lifted word for word out of its publication of origin for inclusion in this volume is obvious; which is a virtue of course, so no criticism about that, except it's a little disconcerting to see such a variety of typefaces, fonts and layouts between the same two covers!
This is definitely a book for criminologists, sociologists and professionals in related or relevant fields -- the Criminal Bar, too, no doubt -- who wish to examine in depth the subject of cultural criminology in all its many facets.
Here, in one handy volume, is a wealth of theoretical discussion as well as illustrative examples of how theory may be applied -- plus any number of references for further research. But, does it shed more light on the causes of crime?
Possibly "yes", as much as criminology ever does. Its main advantage lies in its orientation toward the contemporary and the modern -- and in that respect it perhaps has more relevance to -- and promotes a deeper understanding of -- the almost intractable social problems which plague society today: yep, 'cultural criminology' is indeed a good title for what we face now!
- published: 24 Jul 2011
- views: 1931
The Calling of Law
- Order: Reorder
- Duration: 0:29
- Updated: 19 Sep 2014
- views: 29
BOOK REVIEW
THE CALLING OF LAW
The Pivotal Role of Vocational Legal Education
Edited by Fiona Westwood and Karen Barton
Emerging Legal Education
ISBN: 978 1...
BOOK REVIEW
THE CALLING OF LAW
The Pivotal Role of Vocational Legal Education
Edited by Fiona Westwood and Karen Barton
Emerging Legal Education
ISBN: 978 1 4094 5554 7
ASHGATE PUBLISHING LIMITED
www.ashgate.com
IS LAW A CALLING? READ THIS BOOK AND BANISH ALL DOUBT
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
This book reminds lawyers that the law, which they have chosen as a career, is a calling as well as a profession and as such is imbued with a moral dimension, which they can ignore only at their peril. They -- as well as any reader interested in the law -- will therefore be concerned with the multiplicity of issues covering legal education; in particular its future as well as its present and its past.
Under the able editorship of Fiona Westwood and Karen Barton, this book, a recent publication from Ashgate, brings together in one convenient volume the commentary and insight of no less than fifteen international contributors whose expertise in professional education encompasses medicine as well as law.
The legal jurisdictions covered include the United Kingdom, the USA, Canada Australia and Hong Kong – all common law and all committed to producing effective practitioners, with ideally, a sense of calling to their chosen profession. ‘A sense of calling’-- and all it implies, is particularly important, says Karen Barton, in the wake of the far-reaching changes brought about by the Clementi Report (2004) and subsequently the Legal Services Act in England (2007) and in Scotland (2010).
The book stresses the necessity of encouraging budding lawyers to place their moral and intellectual emphasis on, as the editors suggest, ‘culture over industry, character over eloquence and calling over skills.’
Some readers might regard all this as an achievable ideal; others may not. Still others may argue that lawyers, especially those aiming for distinction in their professional lives, should strive to exemplify all these attributes at once.
Of particular interest is the article by Donald Nicholson which examines in detail the concept of the ‘clinical LLB’ which, in addition to the standard LLB curriculum, also puts special emphasis on issues relating to professionalism, ethics and justice.
The aim here is to promote a spirit of what is referred to as, ‘altru-ethical professionalism’ among nascent lawyers. The term has a number of connotations and applications, but basically it means subordinating self-interest to the interests of client and community.
Among the book’s many useful features is the extensive bibliography which follows each of the ten chapters. There is an amazingly rich reservoir here, of references for further research in this area of legal scholarship, which has become increasingly central and pivotal in legal education on both sides of the Atlantic.
Practitioners and legal educators alike will certainly value this book as a catalyst for detailed and informed discussion on the future of vocational legal education. However controversial it may seem in some respects, this is a thought-provoking, as well an inspiring read.
The publication date is cited as at 2014.
wn.com/The Calling Of Law
BOOK REVIEW
THE CALLING OF LAW
The Pivotal Role of Vocational Legal Education
Edited by Fiona Westwood and Karen Barton
Emerging Legal Education
ISBN: 978 1 4094 5554 7
ASHGATE PUBLISHING LIMITED
www.ashgate.com
IS LAW A CALLING? READ THIS BOOK AND BANISH ALL DOUBT
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
This book reminds lawyers that the law, which they have chosen as a career, is a calling as well as a profession and as such is imbued with a moral dimension, which they can ignore only at their peril. They -- as well as any reader interested in the law -- will therefore be concerned with the multiplicity of issues covering legal education; in particular its future as well as its present and its past.
Under the able editorship of Fiona Westwood and Karen Barton, this book, a recent publication from Ashgate, brings together in one convenient volume the commentary and insight of no less than fifteen international contributors whose expertise in professional education encompasses medicine as well as law.
The legal jurisdictions covered include the United Kingdom, the USA, Canada Australia and Hong Kong – all common law and all committed to producing effective practitioners, with ideally, a sense of calling to their chosen profession. ‘A sense of calling’-- and all it implies, is particularly important, says Karen Barton, in the wake of the far-reaching changes brought about by the Clementi Report (2004) and subsequently the Legal Services Act in England (2007) and in Scotland (2010).
The book stresses the necessity of encouraging budding lawyers to place their moral and intellectual emphasis on, as the editors suggest, ‘culture over industry, character over eloquence and calling over skills.’
Some readers might regard all this as an achievable ideal; others may not. Still others may argue that lawyers, especially those aiming for distinction in their professional lives, should strive to exemplify all these attributes at once.
Of particular interest is the article by Donald Nicholson which examines in detail the concept of the ‘clinical LLB’ which, in addition to the standard LLB curriculum, also puts special emphasis on issues relating to professionalism, ethics and justice.
The aim here is to promote a spirit of what is referred to as, ‘altru-ethical professionalism’ among nascent lawyers. The term has a number of connotations and applications, but basically it means subordinating self-interest to the interests of client and community.
Among the book’s many useful features is the extensive bibliography which follows each of the ten chapters. There is an amazingly rich reservoir here, of references for further research in this area of legal scholarship, which has become increasingly central and pivotal in legal education on both sides of the Atlantic.
Practitioners and legal educators alike will certainly value this book as a catalyst for detailed and informed discussion on the future of vocational legal education. However controversial it may seem in some respects, this is a thought-provoking, as well an inspiring read.
The publication date is cited as at 2014.
- published: 19 Sep 2014
- views: 29
Intellectual Liberty
- Order: Reorder
- Duration: 0:31
- Updated: 24 Feb 2013
- views: 37
BOOK REVIEW
INTELLECTUAL LIBERTY
Natural Rights and Intellectual Property
By Hugh Breakey
Ashgate Publishing Limited
ISBN: 978 1 4094 4711 5
www.ashgate.c...
BOOK REVIEW
INTELLECTUAL LIBERTY
Natural Rights and Intellectual Property
By Hugh Breakey
Ashgate Publishing Limited
ISBN: 978 1 4094 4711 5
www.ashgate.com
DEVELOPING A LEGAL THEORY ON INTELLECTUAL PROPERTY
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Published recently by Ashgate, this book is the latest title in that publisher's admirable 'Law, Ethics and Governance' Series which upholds good governance as 'necessary, if not crucial, for economic success and human development' and which examines issues of good governance from the standpoint of a range of disciplines, from law, ethics and politics to economics and management theory.
The author, Hugh Breakey, of Australia's Griffith University takes an overtly philosophical approach to his subject matter as indicated in the sub-title 'natural rights and intellectual property' and it utilizes, primarily, the work of John Locke.
The book was written as part of his postdoctoral fellowship under the aegis of that university and certainly contributes considerable food for thought, analysis and contemplation to what may be seen as an ongoing debate as to whether intellectual property is actually the unassailable property of the individual who created it, or whether more of it should be more accessible via the public domain. As he readily acknowledges, much of his material is influenced by a range of learned publications from 'The Philosophical Quarterly' to 'The Modern Law Review' (in which he himself has published) and Intellectual Property Quarterly.
He argues that 'natural rights theories must include space for intellectual liberties, and so require the limitation of intellectual property rights, such as copyright and patent'. Natural rights in the jurisprudential sense may also be interpreted, we assume, as 'user's rights' frequently referred to in the text of this book.
Intellectual property lawyers may make of all this what they will! Writers, artists and designers working across a range of media and probably starving in garrets are likely to be rendered apoplectic.
The author does point out that before 17th century there was no copyright law as we now know it. One could argue that there was no mass literacy or mass media either before that period, in the form of the widespread use of the printing press, for example not to mention the thousands of other inventions that at the time had yet to be invented.
Nonetheless, the author constructs a most interesting argument substantiated for the most part by copious and wide-ranging research as evidenced by the massive bibliography. He relies greatly on the philosophy of John Locke and references a host of other thought provoking quotes from other thinkers on this vast subject, from Hume and Rousseau to, momentarily, that twentieth century darling of the far right, Ayn Rand, referred to as 'libertarian'.
On the whole, the author's thesis, although controversial, is carefully argued nonetheless and concludes that freedom, i.e. intellectual liberty, requires a balanced approach in general as well as in particular, to intellectual property rights. Students of philosophy as well as jurisprudence and legal theory will find much in this book to commend it.
wn.com/Intellectual Liberty
BOOK REVIEW
INTELLECTUAL LIBERTY
Natural Rights and Intellectual Property
By Hugh Breakey
Ashgate Publishing Limited
ISBN: 978 1 4094 4711 5
www.ashgate.com
DEVELOPING A LEGAL THEORY ON INTELLECTUAL PROPERTY
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Published recently by Ashgate, this book is the latest title in that publisher's admirable 'Law, Ethics and Governance' Series which upholds good governance as 'necessary, if not crucial, for economic success and human development' and which examines issues of good governance from the standpoint of a range of disciplines, from law, ethics and politics to economics and management theory.
The author, Hugh Breakey, of Australia's Griffith University takes an overtly philosophical approach to his subject matter as indicated in the sub-title 'natural rights and intellectual property' and it utilizes, primarily, the work of John Locke.
The book was written as part of his postdoctoral fellowship under the aegis of that university and certainly contributes considerable food for thought, analysis and contemplation to what may be seen as an ongoing debate as to whether intellectual property is actually the unassailable property of the individual who created it, or whether more of it should be more accessible via the public domain. As he readily acknowledges, much of his material is influenced by a range of learned publications from 'The Philosophical Quarterly' to 'The Modern Law Review' (in which he himself has published) and Intellectual Property Quarterly.
He argues that 'natural rights theories must include space for intellectual liberties, and so require the limitation of intellectual property rights, such as copyright and patent'. Natural rights in the jurisprudential sense may also be interpreted, we assume, as 'user's rights' frequently referred to in the text of this book.
Intellectual property lawyers may make of all this what they will! Writers, artists and designers working across a range of media and probably starving in garrets are likely to be rendered apoplectic.
The author does point out that before 17th century there was no copyright law as we now know it. One could argue that there was no mass literacy or mass media either before that period, in the form of the widespread use of the printing press, for example not to mention the thousands of other inventions that at the time had yet to be invented.
Nonetheless, the author constructs a most interesting argument substantiated for the most part by copious and wide-ranging research as evidenced by the massive bibliography. He relies greatly on the philosophy of John Locke and references a host of other thought provoking quotes from other thinkers on this vast subject, from Hume and Rousseau to, momentarily, that twentieth century darling of the far right, Ayn Rand, referred to as 'libertarian'.
On the whole, the author's thesis, although controversial, is carefully argued nonetheless and concludes that freedom, i.e. intellectual liberty, requires a balanced approach in general as well as in particular, to intellectual property rights. Students of philosophy as well as jurisprudence and legal theory will find much in this book to commend it.
- published: 24 Feb 2013
- views: 37
Mediation in Family Disputes Long clip
- Order: Reorder
- Duration: 7:55
- Updated: 09 Feb 2015
- views: 128
BOOK REVIEW
MEDIATION IN FAMILY DISPUTES
Principles of Practice
Fourth Edition
By Marian Roberts
Ashgate Publishing Limited
ISBN: 978 1 4096 5034 4
www.as...
BOOK REVIEW
MEDIATION IN FAMILY DISPUTES
Principles of Practice
Fourth Edition
By Marian Roberts
Ashgate Publishing Limited
ISBN: 978 1 4096 5034 4
www.ashgate.com
__________________________________________________
THE AUTHORITATIVE TEXT ON FAMILY MEDIATION -- NOW IN A NEW FOURTH EDITION
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Published by Ashgate Publishing, this book should be considered a must-have purchase for legal practitioners as well as mediators.
Yes, there are already a number of books on the market dealing in detail with family mediation, most of them extremely useful in a number of respects. This book, however, is acknowledged as the pioneering work in the field. Having gone through four editions since it was first published in 1988, it is regarded as the authoritative work of reference on family mediation.
This new fourth edition has been fully updated to include a wide range of new legal and policy developments across the UK and Europe. It is distinguished by its cross-disciplinary approach which encompasses psychology and anthropology, as well as lawyer negotiation in family disputes.
The author, Marian Roberts is eminently well qualified in this expanding field, being a social worker as well as a barrister -- unusual, that, and very useful -- who has been in continuous practice as a family mediator since 1982. A visiting fellow at the London School of Economics, she is also a Political Science and Research Associate at the School of Oriental and African Studies, University of London where she teaches ADR (Alternative Dispute Resolution) at the graduate level.
‘Mediation,’ she explains, ‘is defined as a process of joint decision-making in which a third person, the mediator, exercising a non-aligned role, assists those in dispute resolution to negotiate together to reach their own mutually acceptable agreements.’
The mediation environment, she adds, provides ‘a calm, safe forum for reasonable exchange’ in which the parties in dispute can talk about what they previously could not talk about on their own, while at the same time ‘retaining their rightful authority and control implicitly respected by the mediator.’ Essentially, mediation recognizes that the parties in a dispute, no matter how acrimonious, can make their own decisions.
The book takes the reader through all pertinent aspects of family mediation, including most importantly, the legal context, which examines such issues as domestic violence and finance and property, as well as decisions of the court and the principles upon which such decisions are based, notably the primacy of the welfare of the child.
Other chapters focus on, for example, the mediator… mediation strategies… when to mediate… confidentiality… children and the mediation process… and much more.
Those doing research will also value the extensive bibliography of no less than 18 pages, plus the selective list of cases and table of statutes and statutory instruments.
Scholarly and thorough, yet succinct and practical in its approach, this work of reference should be the go-to book for all family lawyers, or indeed anyone contemplating taking a course in mediation strategy and technique. The book certainly provides considerable ammunition for lively discussion and debate on any number of subject areas and issues linked to mediation.
The publication date is cited as at July 2014.
wn.com/Mediation In Family Disputes Long Clip
BOOK REVIEW
MEDIATION IN FAMILY DISPUTES
Principles of Practice
Fourth Edition
By Marian Roberts
Ashgate Publishing Limited
ISBN: 978 1 4096 5034 4
www.ashgate.com
__________________________________________________
THE AUTHORITATIVE TEXT ON FAMILY MEDIATION -- NOW IN A NEW FOURTH EDITION
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Published by Ashgate Publishing, this book should be considered a must-have purchase for legal practitioners as well as mediators.
Yes, there are already a number of books on the market dealing in detail with family mediation, most of them extremely useful in a number of respects. This book, however, is acknowledged as the pioneering work in the field. Having gone through four editions since it was first published in 1988, it is regarded as the authoritative work of reference on family mediation.
This new fourth edition has been fully updated to include a wide range of new legal and policy developments across the UK and Europe. It is distinguished by its cross-disciplinary approach which encompasses psychology and anthropology, as well as lawyer negotiation in family disputes.
The author, Marian Roberts is eminently well qualified in this expanding field, being a social worker as well as a barrister -- unusual, that, and very useful -- who has been in continuous practice as a family mediator since 1982. A visiting fellow at the London School of Economics, she is also a Political Science and Research Associate at the School of Oriental and African Studies, University of London where she teaches ADR (Alternative Dispute Resolution) at the graduate level.
‘Mediation,’ she explains, ‘is defined as a process of joint decision-making in which a third person, the mediator, exercising a non-aligned role, assists those in dispute resolution to negotiate together to reach their own mutually acceptable agreements.’
The mediation environment, she adds, provides ‘a calm, safe forum for reasonable exchange’ in which the parties in dispute can talk about what they previously could not talk about on their own, while at the same time ‘retaining their rightful authority and control implicitly respected by the mediator.’ Essentially, mediation recognizes that the parties in a dispute, no matter how acrimonious, can make their own decisions.
The book takes the reader through all pertinent aspects of family mediation, including most importantly, the legal context, which examines such issues as domestic violence and finance and property, as well as decisions of the court and the principles upon which such decisions are based, notably the primacy of the welfare of the child.
Other chapters focus on, for example, the mediator… mediation strategies… when to mediate… confidentiality… children and the mediation process… and much more.
Those doing research will also value the extensive bibliography of no less than 18 pages, plus the selective list of cases and table of statutes and statutory instruments.
Scholarly and thorough, yet succinct and practical in its approach, this work of reference should be the go-to book for all family lawyers, or indeed anyone contemplating taking a course in mediation strategy and technique. The book certainly provides considerable ammunition for lively discussion and debate on any number of subject areas and issues linked to mediation.
The publication date is cited as at July 2014.
- published: 09 Feb 2015
- views: 128
The Global Anti Money Laundering Regulatory Landscape in Less Developed Countries
- Order: Reorder
- Duration: 4:51
- Updated: 24 Aug 2012
- views: 293
BOOK REVIEW
THE GLOBAL ANTI-MONEY LAUNDERING REGULATORY LANDSCAPE IN LESS DEVELOPED COUNTRIES
By Norman Mugarura
Ashgate Publishing Ltd
ISBN: 978 1 4094 43...
BOOK REVIEW
THE GLOBAL ANTI-MONEY LAUNDERING REGULATORY LANDSCAPE IN LESS DEVELOPED COUNTRIES
By Norman Mugarura
Ashgate Publishing Ltd
ISBN: 978 1 4094 4346 9
www.ashgate.com
MONEY LAUNDERING AND THE DEVELOPING WORLD -- AN INTERESTING READ FOR LAWYERS AND SCHOLARS IN THIS FIELD
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Recently published by Ashgate Publishing, this is a timely publication in view of the burgeoning threat inherent in money laundering worldwide. The book is presented as the first of its kind to have focused on the worrying link between money laundering and developing economies.
Specifically, the immense and special difficulties such countries face when tackling money laundering are subjected to detailed scrutiny and analysis and backed by a great deal of pertinent research.
The author, Norman Mugarura, suggests certain factors such as, for example, corruption, lack of adequate infrastructure and the failure of systems (systemic failure) in less developed countries as being largely to blame for the proliferation of this type of criminal activity.
We assume that 'systemic failure' refers to the inefficiency of, or lack of, efficient and/or ethics-based administrative and judicial systems to combat this and similar crime and corruption-related problems. 'Unfortunately in some jurisdictions,' admits Mugarura, 'the role of the courts is undercut by the obduracy of governments, which treat them as conduits for their wishes.... (and) 'mere accessories of the state, primarily interpreting laws to foster the will of parliament.'
Yes, this international problem appears multi-faceted and intractable, but the author nevertheless calls for 'a global anti-money laundering framework' which, in his view (if we are interpreting this correctly) might well be hampered, or thwarted by a number of challenges related to 'the dynamics of the market economy' -- presumably that which exists in developed countries -- such as deregulation, liberalization and conflict of laws.
Law certainly meets international financial crime and criminology analysed from a global perspective in this book.
Commercial law practitioners and others specializing in comparative law will find it of interest, as will students and academics doing research in this area. Speaking of research, there is a lengthy and useful bibliography -- about six pages long to be precise -- of learned articles, publications and books pertaining to this subject (with titles such as 'Dirty Money'), plus useful indexing.
The four appendices, also useful, include the deliberations of The Financial Action Task Force (FATF), an intergovernmental body which recommends various anti-money laundering processes, principles and procedures. The book certainly reflects the copious amount of research and hard work expended by the author and is certainly valuable for that. The publication date is cited as at 2012.
wn.com/The Global Anti Money Laundering Regulatory Landscape In Less Developed Countries
BOOK REVIEW
THE GLOBAL ANTI-MONEY LAUNDERING REGULATORY LANDSCAPE IN LESS DEVELOPED COUNTRIES
By Norman Mugarura
Ashgate Publishing Ltd
ISBN: 978 1 4094 4346 9
www.ashgate.com
MONEY LAUNDERING AND THE DEVELOPING WORLD -- AN INTERESTING READ FOR LAWYERS AND SCHOLARS IN THIS FIELD
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Recently published by Ashgate Publishing, this is a timely publication in view of the burgeoning threat inherent in money laundering worldwide. The book is presented as the first of its kind to have focused on the worrying link between money laundering and developing economies.
Specifically, the immense and special difficulties such countries face when tackling money laundering are subjected to detailed scrutiny and analysis and backed by a great deal of pertinent research.
The author, Norman Mugarura, suggests certain factors such as, for example, corruption, lack of adequate infrastructure and the failure of systems (systemic failure) in less developed countries as being largely to blame for the proliferation of this type of criminal activity.
We assume that 'systemic failure' refers to the inefficiency of, or lack of, efficient and/or ethics-based administrative and judicial systems to combat this and similar crime and corruption-related problems. 'Unfortunately in some jurisdictions,' admits Mugarura, 'the role of the courts is undercut by the obduracy of governments, which treat them as conduits for their wishes.... (and) 'mere accessories of the state, primarily interpreting laws to foster the will of parliament.'
Yes, this international problem appears multi-faceted and intractable, but the author nevertheless calls for 'a global anti-money laundering framework' which, in his view (if we are interpreting this correctly) might well be hampered, or thwarted by a number of challenges related to 'the dynamics of the market economy' -- presumably that which exists in developed countries -- such as deregulation, liberalization and conflict of laws.
Law certainly meets international financial crime and criminology analysed from a global perspective in this book.
Commercial law practitioners and others specializing in comparative law will find it of interest, as will students and academics doing research in this area. Speaking of research, there is a lengthy and useful bibliography -- about six pages long to be precise -- of learned articles, publications and books pertaining to this subject (with titles such as 'Dirty Money'), plus useful indexing.
The four appendices, also useful, include the deliberations of The Financial Action Task Force (FATF), an intergovernmental body which recommends various anti-money laundering processes, principles and procedures. The book certainly reflects the copious amount of research and hard work expended by the author and is certainly valuable for that. The publication date is cited as at 2012.
- published: 24 Aug 2012
- views: 293
Consumer Debt and Social Exclusion in Europe
- Order: Reorder
- Duration: 11:48
- Updated: 17 Aug 2015
- views: 27
BOOK REVIEW
CONSUMER DEBT AND SOCIAL EXCLUSION IN EUROPE
Edited by Hans-W Micklitz and Irina Domurath
Ashgate Publishing Limited
Markets and the Law
ISBN: 9...
BOOK REVIEW
CONSUMER DEBT AND SOCIAL EXCLUSION IN EUROPE
Edited by Hans-W Micklitz and Irina Domurath
Ashgate Publishing Limited
Markets and the Law
ISBN: 978 1 47244 903 0 (book)
978 1 47244 904 7 (ebook – PDF)
978 1 47244 905 4 (ebook – ePUB)
www.ashgate.com
A MOST WELCOME COMMENTARY ON EUROPEAN OVER-INDEBTEDNESS IN THE EARLY PART OF 21st CENTURY
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Hans-W Micklitz and Irina Domurath have brought together fourteen colleagues to produce a formidable collection of essays on the financial problems which have bedevilled Europe in the first decades of the twenty-first century.
The resulting book entitled “Consumer Debt and Social Exclusion in Europe” is very much welcomed with the need for its analyses of what the editors describe as “the dichotomy between the goal of social inclusion and the effect of social exclusion through over-indebtedness since 2008 in Europe”.
The issue of social inclusion and exclusion remains, of course, a central feature of some of the biggest issues facing the Europeans at the present time so this work is most timely.
The contributors have plugged a vital gap in the current literature which is available on the effects of the financial and economic crisis we are now confronting. Ashgate Publishing Limited has produced an excellent series on “Markets and the Law” and this is the latest addition which puts into context the academic discussion mixed with the real-life dimension of over-indebtedness.
What we have here are reports from six European countries which have provided socio-economic and legal information on over-indebtedness as well as the regulatory and judicial responses to the problems entailed by over-indebtedness.
The idea for the book came initially from a conference in 2013 entitled “The over-indebtedness of European consumers after the financial crisis” which was held at the European University Institute in Florence.
What has emerged forms the empirical background for five analyses of different aspects of the inclusion-exclusion dichotomy which will interest both lawyers and economists alike.
What does become evident upon reading the book is that in the context of credit expansion, the contributors have identified that “individual over-indebtedness has turned into a social issue, which the current design of the consumer credit and mortgage system in Europe has helped to produce while disregarding the consequential danger of social exclusion”. And it is on that basis that the value of this work to academics, interest groups and policy makers will be most keenly welcomed.
The reader could turn the issues developed here into a discussion on the financial crisis as it currently affects European countries on the macro-level rather than all the adverse developments which have appeared on the micro-level. The editors rightly describe this approach as being looked at as “single responsive measures instead of comprehensive plans”.
As further food for thought they suggest that by “turning indebtedness into over-indebtedness, the financial crisis has had large-scale social effects in terms of social exclusion that follows default on mortgage instalments, eviction and homelessness”.
Too true which is why we welcome this new title in the series devoted to the way in which the law interacts with the market through regulation, self-regulation and the impact of private law regimes.
The publication of this book is cited as 2015 although we have a long way still to go with our responses to the continuing economic crisis.
wn.com/Consumer Debt And Social Exclusion In Europe
BOOK REVIEW
CONSUMER DEBT AND SOCIAL EXCLUSION IN EUROPE
Edited by Hans-W Micklitz and Irina Domurath
Ashgate Publishing Limited
Markets and the Law
ISBN: 978 1 47244 903 0 (book)
978 1 47244 904 7 (ebook – PDF)
978 1 47244 905 4 (ebook – ePUB)
www.ashgate.com
A MOST WELCOME COMMENTARY ON EUROPEAN OVER-INDEBTEDNESS IN THE EARLY PART OF 21st CENTURY
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Hans-W Micklitz and Irina Domurath have brought together fourteen colleagues to produce a formidable collection of essays on the financial problems which have bedevilled Europe in the first decades of the twenty-first century.
The resulting book entitled “Consumer Debt and Social Exclusion in Europe” is very much welcomed with the need for its analyses of what the editors describe as “the dichotomy between the goal of social inclusion and the effect of social exclusion through over-indebtedness since 2008 in Europe”.
The issue of social inclusion and exclusion remains, of course, a central feature of some of the biggest issues facing the Europeans at the present time so this work is most timely.
The contributors have plugged a vital gap in the current literature which is available on the effects of the financial and economic crisis we are now confronting. Ashgate Publishing Limited has produced an excellent series on “Markets and the Law” and this is the latest addition which puts into context the academic discussion mixed with the real-life dimension of over-indebtedness.
What we have here are reports from six European countries which have provided socio-economic and legal information on over-indebtedness as well as the regulatory and judicial responses to the problems entailed by over-indebtedness.
The idea for the book came initially from a conference in 2013 entitled “The over-indebtedness of European consumers after the financial crisis” which was held at the European University Institute in Florence.
What has emerged forms the empirical background for five analyses of different aspects of the inclusion-exclusion dichotomy which will interest both lawyers and economists alike.
What does become evident upon reading the book is that in the context of credit expansion, the contributors have identified that “individual over-indebtedness has turned into a social issue, which the current design of the consumer credit and mortgage system in Europe has helped to produce while disregarding the consequential danger of social exclusion”. And it is on that basis that the value of this work to academics, interest groups and policy makers will be most keenly welcomed.
The reader could turn the issues developed here into a discussion on the financial crisis as it currently affects European countries on the macro-level rather than all the adverse developments which have appeared on the micro-level. The editors rightly describe this approach as being looked at as “single responsive measures instead of comprehensive plans”.
As further food for thought they suggest that by “turning indebtedness into over-indebtedness, the financial crisis has had large-scale social effects in terms of social exclusion that follows default on mortgage instalments, eviction and homelessness”.
Too true which is why we welcome this new title in the series devoted to the way in which the law interacts with the market through regulation, self-regulation and the impact of private law regimes.
The publication of this book is cited as 2015 although we have a long way still to go with our responses to the continuing economic crisis.
- published: 17 Aug 2015
- views: 27
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published: 26 Dec 2015
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The Ashgate Reseach Companion to Migration Law, Theory and Policy
BOOK REVIEW
The Ashgate Research Companion to
MIGRATION LAW, THEORY AND POLICY
Edited by...
published: 11 May 2014
The Ashgate Reseach Companion to Migration Law, Theory and Policy
The Ashgate Reseach Companion to Migration Law, Theory and Policy
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- published: 11 May 2014
- views: 60
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The Ashgate Research Companion to Migration Law, Theory and Policy
BOOK REVIEW
The Ashgate Research Companion to
MIGRATION LAW, THEORY AND POLICY
Edited by...
published: 11 May 2014
The Ashgate Research Companion to Migration Law, Theory and Policy
The Ashgate Research Companion to Migration Law, Theory and Policy
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- published: 11 May 2014
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14:48
Judgments of the European Court of Human Rights
BOOK REVIEW
JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS- EFFECTS AND IMPLEMENTATION
...
published: 21 Jun 2015
Judgments of the European Court of Human Rights
Judgments of the European Court of Human Rights
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- published: 21 Jun 2015
- views: 188
5:31
Cultural Criminology
BOOK REVIEW
CULTURAL CRIMINOLOGY
Edited by Jeff Ferrell and Keith Hayward
ISBN: ...
published: 24 Jul 2011
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Cultural Criminology
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- published: 24 Jul 2011
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The Calling of Law
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THE CALLING OF LAW
The Pivotal Role of Vocational Legal Education
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published: 19 Sep 2014
The Calling of Law
The Calling of Law
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- published: 19 Sep 2014
- views: 29
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Intellectual Liberty
BOOK REVIEW
INTELLECTUAL LIBERTY
Natural Rights and Intellectual Property
By Hugh Breake...
published: 24 Feb 2013
Intellectual Liberty
Intellectual Liberty
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Mediation in Family Disputes Long clip
BOOK REVIEW
MEDIATION IN FAMILY DISPUTES
Principles of Practice
Fourth Edition
By Marian...
published: 09 Feb 2015
Mediation in Family Disputes Long clip
Mediation in Family Disputes Long clip
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- published: 09 Feb 2015
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4:51
The Global Anti Money Laundering Regulatory Landscape in Less Developed Countries
BOOK REVIEW
THE GLOBAL ANTI-MONEY LAUNDERING REGULATORY LANDSCAPE IN LESS DEVELOPED COUNT...
published: 24 Aug 2012
The Global Anti Money Laundering Regulatory Landscape in Less Developed Countries
The Global Anti Money Laundering Regulatory Landscape in Less Developed Countries
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11:48
Consumer Debt and Social Exclusion in Europe
BOOK REVIEW
CONSUMER DEBT AND SOCIAL EXCLUSION IN EUROPE
Edited by Hans-W Micklitz and I...
published: 17 Aug 2015
Consumer Debt and Social Exclusion in Europe
Consumer Debt and Social Exclusion in Europe
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- published: 17 Aug 2015
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The Ashgate Reseach Companion to Migration Law, Th...
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photo: AP / Kirsty Wigglesworth
Brexit: David Cameron resigns as prime minister
Edit The Irish Times 24 Jun 2016
David Cameron has resigned as British prime minister following the failure of his Remain side to win the referendum on staying in the EU. Mr Cameron called the vote on Brexit in 2013 under pressure from the anti-EU wing of his Conservative Party and Ukip, hoping to end decades of debate over the UK’s ties with Europe ... With a turnout of 72.2 per cent, 51.9 per cent voted to leave; 48.1 per cent voted to remain ... Irish government reaction....
photo: Creative Commons / Michael Vadon
Trump applauds decisions by British people to bolt EU
Edit Austin American Statesman 24 Jun 2016
Donald Trump is saluting the United Kingdom's vote to leave the European Union, saying "they took back their country, it's a great thing." ... ....
photo: AP / Yves Logghe
Investigators: China Still Harvesting Human Organs on Huge Scale
Edit Voa News 24 Jun 2016
Their published findings, "Bloody Harvest. Revised Report into Allegations of Organ Harvesting of Falun Gong Practitioners in China," attracted international attention. On Wednesday, they published an even more comprehensive report that says not only has the scale of organ harvesting significantly increased, but prisoners of conscience, including Falun Gong practitioners, remain the primary target ... soil in 2004 ... On June 13, the U.S ... ....
photo: Public Domain / stux
Pound Sinks to Lowest Level Since 1985 as Britons Vote to Leave E.U.
Edit Time Magazine 24 Jun 2016
The dollar is surging around the world as investors and speculators seek a ‘safe haven’ as the U.K. lurches towards the European Union’s exit door. The pound is naturally the biggest loser, falling more than 15 cents–more than 9%–overnight against the greenback–and U.K. stock futures are tipped to open down over 6% according to Reuters ... U.S ... ....
photo: AP / Nasser Nasser
Without A State Can Palestinians Ever Have Rights Or Be Free?
Edit WorldNews.com 24 Jun 2016
Article by WN.com Correspondent Dallas Darling It’s indisputable that the occupation of another people’s land invariably involves systematic pillage, suppression, killing and sometimes eradication.1 It’s also undeniable until Arab Palestinians have their own homeland, they will never have rights or be free. Neither will there probably be peace ... But there are signs of hope ... 1 Prior, Michael, CM ... A Moral Critique ... DK Publishing, 2015., p....
« back to news headlines
The history of banking in the Mediterranean
Edit The Malta Independent 16 May 2016
In June 2007, a conference on Banking and Finance in the Mediterranean - A Historical Perspective was organised by the European Association for Banking and Financial History in Malta. This volume includes the papers presented at this conference ... Considering that the conference was held in Malta, the first contributions regarded Malta ... Galea, seen within the economic and political contest of the times. Joseph C ... ... Ashgate Publishing ... ....
His-Story Is Not My-Story
Edit All Africa 25 Nov 2015
[Fahamu] Synopsis of the book, 'Before Middle Passage. Translated Portuguese Manuscripts of Atlantic Slave Trading from West Africa to Iberian Territories', 1513-26, Ashgate Publishing, trans. and ed. Trevor P. Hall (2015) ... ....
Precedent for Preemption: The Ban on Blinding Lasers as a Model for a Killer Robots ...
Edit Public Technologies 09 Nov 2015
(Source. HRW - Human Rights Watch). The prospect of fully autonomous weapons marks a new era of warfare. These weapons, also known as 'killer robots' and 'lethal autonomous weapons systems,' would select and engage targets without meaningful human control ... Today CCW states parties should build on that precedent and agree to a preemptive ban on fully autonomous weapons ... In particular, they should ... 1 ... 78 ... Ashgate Publishing Limited, 2009), p....
Ronald A. Cass (The Federalist Society for Law and Public Policy Studies)
Edit Public Technologies 11 Sep 2015
(Source. The Federalist Society for Law and Public Policy Studies). Honorable Ronald A ... He also serves as an international arbitrator in NAFTA, ICSID, UNCITRAL and AAA cases ... Dean Cass is the author of more than 100 scholarly books and articles, including The Rule of Law in America (Johns Hopkins University Press, 2001), International Trade Law (with Michael Knoll, Ashgate Publishing Co., 2003), and Administrative Law (with Colin S ... J.D....
UC Research Explores W.E.B. Du Bois’s Contribution to Sociology (University of Cincinnati)
Edit Public Technologies 25 Aug 2015
(Source. University of Cincinnati) UC Research Explores W.E.B. Du Bois's Contribution to Sociology. Sociology professor Earl Wright II presenting his research on W.E.B. Du Bois's contribution to sociology at the American Sociological Association. Date ... By ... Phone ... This work was published in 1899, predating the work conducted in Chicago ... The First American School of Sociology," to be published by Ashgate Publishing Company in spring 2016....
Against Deep Green Resistance
Edit CounterPunch 11 Aug 2015
This is in keeping with the tactics proposed by Keith since at least the late-1990s, when she published an article in the RadFem newspaper, Rain and Thunder, calling for taking “direct action” against trans women attempting to use the ladies’ restroom ... Melville House Publishing, 2011) ... Progress Publishers), 73, found atMarxists.org ... Ashgate Publishing, Ltd., 2013)....
ProQuest Books adds thousands of new titles for Ebook Subscription, Purchase, and DDA in June. ...
Edit Public Technologies 06 Aug 2015
New titles came from publishers like ABC-CLIO, McFarland & Company, Oxford University Press, and University of Chicago Press ... Academic Complete added over 3,200 titles, including 450+ from Princeton University Press, over 1,200 from John Wiley and Sons, 170+ from Ashgate Publishing, and over 90 Choice Outstanding Academic Titles....
Driving with the Wrong Music Genre Can Be Hazardous and Deadly According to New Book by BGU Expert (Ben-Gurion University of the Negev)
Edit Public Technologies 23 Jun 2015
(Source. Ben-Gurion University of the Negev). "The car is the only place in the world you can die just because you're listening to the wrong kind of music," says Prof. Warren Brodsky, director of music psychology in the Department of the Arts at BGU. He has just published the first comprehensive textbook on music and its impact on driving, Driving with Music. Cognitive-Behavioral Implications(Ashgate Publishing Company) ... Prof....
New architecture and planning staff to foster research and industry networks (University of Sydney)
Edit noodls 30 Mar 2015
(Source ... 30 March 2015 ... Dr Mindrup has presented some of this research at conferences and published others in the Journal of Architectural Education (JAE) and his edited volume The Material Imagination. Reveries on Architecture and Matter (Ashgate Publishing, 2015), to list a few ... Her work featured in the Venice Biennale (2008) and has been widely published in Australia's leading architecture and design magazines ... Media enquiries ... (noodl....
University distinguished professor of English to deliver inaugural lecture (KU - The University of Kansas)
Edit noodls 23 Mar 2015
Ward Jr.), the first comprehensive African-American literary history to be published in the 21st century. In January, Graham published "Toni Morrison ... Graham has thus advanced her thesis that breaking down barriers requires crossing borders geographically, historically, socially and linguistically - something she hopes to do as co-editor of a new book series with Ashgate Publishing on transcultural mobility....
Ashford University Faculty Member Pens First Book (Ashford University)
Edit noodls 24 Feb 2015
in English has culminated in the first published book for Dr ... "Memorializing Animals during the Romantic Period" was recently published by Ashgate Publishing ... Finally, at Ashgate Publishing, the book's eventual publisher, it went through several rounds of editorial and peer review to get to its final form ... They are seeking a publisher and the completed manuscript has been submitted to Rutgers University Press for review....
Sociology professor's book receives honors (North Dakota State University)
Edit noodls 20 Jan 2015
(Source. North Dakota State University). Michael Yellow Bird, NDSU professor of sociology and director of tribal and indigenous peoples studies, was notified his book, "Decolonizing Social Work," was named a 2014 Outstanding Academic Title by Choice magazine. The work was a collaboration of Yellow Bird, along with Mel Gray of the University of Newcastle, Australia; John Coates of St ... Ashgate Publishing Co ... distributed by ... (noodl....
Faculty Notables November/December 2014 (University of Louisville)
Edit noodls 23 Dec 2014
Jongwoo Jeremy Kim, art history, was awarded a new book contract with Ashgate Publishing ... Now they have discovered the second protein, and are published in the New England Journal of Medicine ... Gerald Zavorsky, associate professor with the department of health and sport sciences, published several articles during 2014 in PubMed.gov, a site hosted by the U.S....
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