Category Archives: Law

THE review of Ayona Datta’s ‘The Illegal City: Space, Law and Gender in a Delhi Squatter Settlement’

Ayona Datta’s book The Illegal City: Space, Law and Gender in a Delhi Squatter Settlement has been reviewed by Urmi Sengupta in the Times Higher Education supplement.

From the review:

The Illegal CitySquatters’ communities are highly heterogeneous and residents experience constant change via their ever-shifting relationship to the distinctions of “legal/legitimate” and “illegal/illegitimate”. Inevitably, therefore, The Illegal City’s central message is a snapshot bounded by time and geography. However, this does not negate the work’s importance. At its core, it is an immensely scholarly work that adds substantive and methodological value to urban development studies.

Read the full review…

The Illegal City is the first book to be published in Ashgate’s Gender, Space and Society series.

Ayona Datta is a Senior Lecturer in Citizenship and Belonging at the School of Geography, University of Leeds.

Is it legal to restrain passengers?

Posted by Luigi Fort, Senior Marketing Executive

Anger in the airA recent BBC News report covered an air rage incident and posed the question ‘Who, What, Why: Is it legal to restrain air passengers?’ The report outlined a legal answer to this question.

If you are interested in air rage and the conditions that can cause and prevent it do read Anger in the Air by Joyce A. Hunter.  She looks at the air rage phenomenon in considerable depth.  In particular she considers how personnel policies can impact on air rage and also the importance of customer service.

Deftly written and superbly argued: “Islamic Law in Europe? Legal Pluralism and its Limits in European Family Laws”

‘This is a very timely book on one of the most disputed legal and cultural issues in Europe today. Andrea Büchler has left no stone unturned to systematize and analyze the scope and limits for the application of Islamic norms in European family laws from private international law to arbitration. The book is extraordinary in its problem-orientated and comparative approach.’   Mathias Rohe, University of Erlangen-Nuremberg, Germany

‘Deftly written and superbly argued, this book is a must read for all interested in legal pluralism, Muslim family law, and Islam in Europe.’   Seyla Benhabib, Yale University, USA

Cultural and religious identity and family law are inter-related in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges.

Andrea Büchler’s book examines this complexity and indicates areas in which conflicts may arise by analysing examples from legislation and court decisions in Germany, Switzerland, France, England and Spain.

It includes questions of private international law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. It concludes with an evaluation of approaches which are process-based rather than institution-based.

About the Author: Professor Dr. Andrea Büchler is Chair of Private and Comparative Law in the Institute of Law, University of Zurich.

More about Islamic Law in Europe? Legal Pluralism and its Limits in European Family Laws

Law, Language and Communication series – proposals welcome

‘Law’, ‘Language’ and ‘Communication’ are closely interwoven and hence should not be examined in isolation. The Ashgate series on Law, Language and Communication encourages innovative and integrated perspectives within and across the boundaries of law, language and communication, with special emphasis on issues of communication in specialised socio-legal and professional contexts.

The series seeks to bring together interdisciplinary research related to critical, cross-cultural, cross-jurisdictional, communication theory, translation and multilingualism, discourse and rhetorical, popular culture, law, film, gender and visual studies (amongst many others).

The scope of the series extends to three kinds of orientation: law with a strong focus on its interpretation and application to human rights, arbitration and alternative dispute resolution; legal linguistics, with a focus on legal drafting, terminology and translation; and, legal communication in intercultural, cross-cultural and cross-jurisdictional contexts.

The Law, Language and Communication series editors are Anne Wagner, Faculté de droit, Université du Littoral Côte d’Opale, France and Vijay Kumar Bhatia, Department of English, City University of Hong Kong.

The series welcomes proposals – both edited collections as well as single-authored monographs – emphasizing critical approaches to law, language and communication, identifying and discussing issues, proposing solutions to problems, offering analyses in areas such as legal construction, interpretation, translation and de-codification.

Download the proposal form for the Law, Language and Communication series

Books already published in the series:

Discourse and Practice in International Commercial Arbitration – Vijay K. Bhatia, Christopher N. Candlin and Maurizio Gotti

Transparency, Power, and Control – Vijay K. Bhatia, Christoph A. Hafner, Lindsay Miller and Anne Wagner

Exploring Courtroom Discourse – Anne Wagner and Le Cheng

Stories About Science in Law – David S. Caudill

There is a LinkedIn group for the Law, Language and Communication series

Criminal Law Reform and Transitional Justice: Human Rights Perspectives for Sudan – “a compelling collection”

‘This is one of the best books on an African criminal justice system. Critical, concise and human rights-oriented, it should serve as a beacon not only for those interested in Sudan but also for anyone with an interest in African criminal law reform and transitional justice.’   Ilias Bantekas, Brunel Law School, UK

‘This volume is a compelling collection of contributions by experienced academics, advocates and experts in law reform that together provide a wealth of information and analysis on criminal law reform and the protection of human rights, particularly during times of transition, and encompassing also international and regional agreements and mechanisms of accountability. The examination of a range of challenges to law reform in Sudan is enriched by reflections on processes in other African states and also in Pakistan and in Jordan. The volume stands both to make a substantial contribution to the literature and to be of enormous value to practitioners and policy-makers.’   Lynn Welchman, University of London, UK

Criminal Law Reform and Transitional Justice: Human Rights Perspectives for Sudan is edited by Lutz Oette, SOAS, University of London.

Sudan has been undergoing profound changes characterized by an uncertain transition from conflict to post-conflict society and the separation of the country in the midst of ongoing human rights concerns.

This book examines the nature, policy aspects and interrelationship of Sudanese criminal law and law reform in this context, situating developments in the broader debate of international human rights, rule of law and transitional justice.

In this book, for the first time, Sudanese, national, regional and international experts and practitioners are brought together to share experiences, combining a range of legal and policy perspectives.

The contributors provide valuable lessons on how relevant standards and experiences can be used to inform criminal law reform in Sudan. They also consider what broader lessons can be drawn for reform initiatives in other societies facing similar challenges. This includes the type of violations that need to be addressed in reforms as a prerequisite for enhanced human rights protection, challenges experienced in this regard, and the contribution of civil society in this process.

More about Criminal Law Reform and Transitional Justice: Human Rights Perspectives for Sudan

Beyond Foucault awarded ‘research-essential’ classification

We are very pleased to learn that Beyond Foucault: New Perspectives on Bentham’s Panopticon has been awarded ‘research-essential’ status by Baker & Taylor YBP Library Services.

In the introduction to Beyond Foucault Anne Brunon-Ernst includes a quote from Foucault:

Bentham is more important for the understanding of our society than Kant and Hegel

She continues:

Here, in one beguiling phrase, one finds the many contradictions which cluster around Jeremy Bentham’s legacy in Michel Foucault’s work. Foucault’s statement goes to the very heart of the subject-matter of this volume of essays: what did Foucault understand of Bentham’s philosophy, and to what extent was he influenced by Bentham’s utilitarianism?

You can read the full introduction here.

In his hugely influential book Discipline and Punish, Foucault used the example of Jeremy Bentham’s Panopticon prison as a means of representing the transition from the early modern monarchy to the late modern capitalist state. In the former, power is visibly exerted, for instance by the destruction of the body of the criminal, while in the latter power becomes invisible and focuses on the mind of the subject, in order to identify, marginalize, and ‘treat’ those who are regarded as incapable of participating in, or unwilling to submit to, the disciplines of production.

The Panopticon links the worlds of Bentham and Foucault scholars yet they are often at cross-purposes; with Bentham scholars lamenting the ways in which Foucault is perceived to have misunderstood panopticon, and Foucauldians apparently unaware of the complexities of Bentham’s thought. This book combines an appreciation of Bentham’s broader project with an engagement of Foucault’s insights on economic government to go beyond the received reading of panopticism as a dark disciplinary technology of power.

The contributors to this volume offer new ways of understanding the Panopticon projects through a wide variety of topics including Bentham’s plural Panopticons and their elaboration of schemes of ‘panoptic Utopia’, the ‘inverted Panopticon’, ‘panoptic governance’, ‘political panopticism’ and ‘legal panopticism’.

French studies on the Panopticon are groundbreaking and this book brings this research to an English-speaking audience for the first time. It is essential reading, not only for those studying Bentham and Foucault, but also those with an interest in intellectual history of the eighteenth and nineteenth centuries, and those studying contemporary surveillance and society.

Contents:  Foreword, Clare O’Farrell; Introduction, Anne Brunon-Ernst; Part I Historiography Reconsidered: from Discipline to Governmentality: Deconstructing Panopticism into the plural Panopticons, Anne Brunon-Ernst; From Discipline and Punish to The Birth of Biopolitics, Christian Laval. Part II Status of the Panopticon in Prison, Penal and Constitutional Reform: From ‘utopia’ to ‘programme’: building a Panopticon in Geneva, Emmanuelle de Champs; Penal theory without the Panopticon, Jean-Pierre Cléro; From the penitentiary to the political Panoptic paradigm, Guillaume Tusseau. Part III Is There a Panoptic Society? Social Control in Bentham and Foucault: Transparency and politics: the reversed Panopticon as a response to abuse of power, Marie-Laure Leroy; Social control and the legal Panoptic paradigm, Malik Bozzo-Rey; Epilogue: the Panopticon as a contemporary icon?, Anne Brunon-Ernst and Guillaume Tusseau; Bibliography; Index.

About the Editor: Anne Brunon-Ernst is Senior Lecturer in Legal English at the University of Paris 2 (Panthéon-Assas) and a member of the Centre Bentham, Paris.

The IALL International Handbook of Legal Information Management, edited by Richard A. Danner and Jules Winterton, receives the Joseph L. Andrews Bibliographical Award

Posted by Nora Weber, Senior Marketing Co-ordinator

Ashgate is honored that editors Richard A. Danner and Jules Winterton will receive the Joseph L. Andrews Bibliographical Award for The IALL International Handbook of Legal Information Management. The awards will be presented July 24 at the Association Luncheon during the Annual Association of American Law Schools (AALL) Meeting in Boston.

This International Handbook describes the legal environments in which librarians work and policy issues with which they need to engage. It provides resources, analysis, and considered studies for seasoned international law librarians, those about to enter the field, and anyone interested in the evolution of legal information in the twenty-first century.

Visit Ashgate’s website for more information about this award-winning book…

New books – Human Factors, Law, Reference Series

Human Factors

Writing Human Factors Research Papers: A Guidebook   Don Harris, HFI Solutions Ltd, UK, Shanghai Jiao Tong University, China and Leicester University, UK

Law

Legisprudence: Practical Reason in Legislation    Luc J. Wintgens, University of Brussels, Belgium

Most Deserving of Death? An Analysis of the Supreme Court’s Death Penalty Jurisprudence    Kenneth Williams, South Texas College of Law, USA

The Neurobiology of Criminal Behavior: Gene-Brain-Culture Interaction    Anthony Walsh and Jonathan D. Bolen, both at Boise State University, USA

Reference Series

Social Learning Theories of Crime    Edited by Christine S. Sellers, University of South Florida, USA, L. Thomas Winfree, Jr, New Mexico State University, USA and Ronald L. Akers, University of Florida, USA

Procedural Justice    Edited by Larry May, Vanderbilt University, USA and Paul Morrow, Vanderbilt University, USA

The International Law of Peace and Security: 4-Volume Set    Edited by Nigel D. White, University of Nottingham, UK

Gay and Lesbian Elders, by Nancy J. Knauer, I. Herman Stern Professor of Law, Beasley School of Law, Temple University

Posted by Nora Weber, Senior Marketing Coordinator

Since its publication in December 2010, Nancy J. Knauer’s book, Gay and Lesbian Elders, has been extremely well-received by critics and readers alike.

Beginning with the following review from Choice:

“In this well-researched book, legal scholar Knauer [...] presents the estimated two million lesbian and gay elders in the US as an underserved and poorly understood group. She convincingly argues that identity formation for gay people is uniquely the product of their historical context…An excellent book…Highly recommended.”

And more recently from The Gerontologist:

“Knauer’s treatment is by turns scholarly and deeply personal—shuttling as it does between statistical and anecdotal evidence, and admirably  bridges several intellectual fields—including cultural and legal history, sociology, theories of identity, and LGBT historiography—which the author manages to tie together in a compelling bundle that effectively lays out the complicated landscape of LGBT aging issues.”

The Society for the Psychological Study of Lesbian, Gay, Bisexual, and Transgender Issues also weighed in, in their Division 44 Newsletter:

“Law professor Nancy Knauer provides an interesting and important perspective about the history, identity, and concerns of today’s lesbian and gay elders. The book provides in one compact volume a compilation of information that is of critical importance to researchers, activists and policy makers concerned with these issues.”

It is clear that Gay and Lesbian Elders has struck a chord in the current LGBT discourse, and will likely continue to do so for many years to come.

Knauer herself continues to speak regularly on the topic. In December, she was the only academic invited to participate in an Elder Housing Summit in D.C. that was sponsored by the US Department of Housing and Urban Development and the US Department of Health and Human Services. She also spoke at the 5th International Positive Aging Conference in Los Angeles and next week she’ll be speaking at the Annual Meeting of the Association of Women is Psychology in Palm Springs.

For further information on this noteworthy book and author, please visit www.ashgate.com/isbn/9781409402336

New books – Human Factors, Law, Law Reference series

Human Factors

Safety Culture: Building and Sustaining a Cultural Change in Aviation and Healthcare    Manoj S. Patankar, Jeffrey P. Brown, Edward J. Sabin and Thomas G. Bigda-Peyton

Law

Discourse and Practice in International Commercial Arbitration: Issues, Challenges and Prospects    Edited by Vijay K. Bhatia, City University of Hong Kong, Hong Kong, Christopher N. Candlin, Macquarie University, Sydney, Australia and Maurizio Gotti, University of Bergamo, Italy

The Global Financial Crisis: Triggers, Responses and Aftermath    Tony Ciro, Australian Catholic University, Australia

Law, Religious Freedoms and Education in Europe    Edited by Myriam Hunter-Henin, University College London, UK

Law Reference Series

Arms Control Law    Edited by Daniel H. Joyner, University of Alabama, USA

Counter-Terrorism and International Law    Edited by Katja L.H. Samuel, Nottingham University, UK and Nigel D. White, Nottingham University, UK

Post-Conflict Rebuilding and International Law    Edited by Ray Murphy, National University of Ireland Galway, Ireland

The Use of Force in International Law    Edited by Tarcisio Gazzini, Free University, Amsterdam, The Netherlands and Nicholas Tsagourias, University of Glasgow, UK