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This book exposes how inequalities based on class and social background arise from employment practices in the digital age. It considers instances where social media is used in hiring to infiltrate private lives and hide job advertisements based on locality; where algorithms assess socio-economic data to filter candidates; where human interviewers are replaced by artificial intelligence with design that disadvantages users of classed language; and where already vulnerable groups become victims of digitalisation and remote work.
The author examines whether these practices create risks of discrimination based on certain protected attributes, including "social origin" in international labour law and laws in Australia and South Africa, "social condition" and "family status" in laws within Canada, and others. The book proposes essential law reform and improvements to workplace policy.
Through the lenses of comparative and critical rhetoric, this book theorizes how alternative approaches to communication can transform legal meanings and legal outcomes, infusing them with more inclusive participation, equity and justice.
Viewing legal language through a radical lens, the book sets aside longstanding norms that derive from White and Euro-centric approaches in order to re-situate legal methods as products of new rhetorical models that come from diasporic and non-Western cultures.
The book urges readers to re-consider how they think about logic and rhetoric and to consider other ways of building knowledge that can heal the law’s current structures that often perpetuate and reinforce systems of privilege and power.
Taking a unique and critical approach to the study of Public Law, this book explores the main topics in UK Public Law from a range of underexplored perspectives and amplifies the voices of scholars who are underrepresented in the field. As such, it represents a much-needed complement to traditional textbooks in Public Law.
Including insights from a diverse list of contributors, the book:
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Enriches students’ understanding of the dynamics that emerge within public law;
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Highlights the impact of historical and societal inequities on public law norms;
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Demonstrates the ways in which those norms may impact minorities and perpetuate inequalities.
With most chapters written by underrepresented or minoritised persons in the field, this text offers students a critical, rich, and insightful approach to public law.
Should digital platforms be responsible for intimate images posted without the subject’s consent? Could the viewers of such images be liable simply by viewing them?
This book answers these questions in the affirmative, while considering the social, legal and technological features of unauthorized dissemination of intimate images, or ‘revenge porn’. In doing so, it asks fundamental socio-legal questions about responsibility, causation and apportionment, as well as conceptualizing private information as property.
With a focus on private law theory, the book defines the appropriate scope of liability of platforms and viewers, while critiquing both the EU’s and US’ solutions to the problem. Through its analysis, the book develops a new theory of egalitarian digital privacy.
The French version of this book was the winner of the 2022 Grand Prix de la Protection Sociale.
Over the years, many disability-related rights have been legally recognized, but how has this changed the everyday lives of people with disabilities?
Drawing on biographical interviews collected from individuals with either mobility or visual impairments in France, this book analyzes the reception of disability policies in the fields of education, employment, social rights and accessibility. It examines to what extent these policies contribute to the realization of the associated rights among disabled people. The book demonstrates that the rights associated with disability suffer from major implementation flaws, while shedding light on the very active role of disabled citizens in the realization of their rights.
As the COVID-19 pandemic has unfolded, stark social inequalities have increasingly been revealed and, in many cases, been exacerbated by the global health crisis.
This book explores these inequalities, identifying three thematic strands: power and governance, gender, and marginalised communities. By examining these three themes in relation to the effects of the pandemic, the book uncovers how unequal the pandemic truly is. It brings together invaluable insights from a range of international scholars across multiple disciplines to critically analyse how these inequalities have played out in the context of COVID-19 as a first step towards achieving social justice.
The law is heavily implicated in creating, maintaining, and reproducing racialised hierarchies which bring about and preserve acute global disparities and injustices. This essential book provides an examination of the meanings of decolonisation and explores how this examination can inform teaching, researching, and practising of law.
It explores the ways in which the foundations of law are entangled in colonial thought and in its [re]production of ideas of commodification of bodies and space-time. Thus, it is an exploration of the ways in which we can use theories and praxes of decolonisation to produce legal knowledge for flourishing futures.
Slaves, mistresses, concubines – the English courts have used these terms to describe polygamous wives in the past, but are they still seen this way today?
Using a critical postcolonial feminist lens, this book provides a contextualised exploration of English legal responses to polygamy. Through the legacies of British imperialism, the book shows how attitudes to polygamy are shaped by indifference and hostility towards its participants. This goes beyond the law, as shown by the stories of women shared throughout the book negotiating their identities and relationships in the UK today.
Through its analysis, the book demonstrates how polygamy and polygamous wives are subjected to imperialist and orientalist discourses which dehumanise them for practising a relationship that has existed for millennia.
The Best Interests Assessor (BIA) Practice Handbook is firmly grounded in real-life practice and remains the only textbook focusing directly on the BIA role. Offering clear and practical advice on the legal elements of the role, and the values and practice elements of working within the Deprivation of Liberty Safeguards (DoLS) framework, this is essential reading for BIA students and practitioners.
This fully-updated edition takes account of recent legislative changes, including the planned changes from the Liberty Protection Safeguards (LPS), recent case law and the impact of the COVID-19 pandemic on BIA practice.
Packed with advice on delivering effective, person-centred, rights-driven practice, it includes:
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case studies;
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legal summaries;
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decision-making activities;
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CPD support;
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examples of new case law in practice.
Looking forward, the book considers the new context for practice in the Approved Mental Capacity Professional (AMCP) role within the LPS and the potential roles that BIAs might fulfil in this new framework in the future.
Recently, there has been a global resurgence of demands for the acknowledgement of historical and contemporary wrongs, as well as for apologies and reparation for harms suffered.
Drawing on the histories of injustice, dispossession and violence in South Africa, this book examines the cultural, political and legal role and value of an apology. It examines the multiple ways in which ‘sorry’ is instituted, articulated and performed, and critically analyses its various forms and functions in both historical and contemporary moments. Bringing together an interdisciplinary team of contributors, the book’s analysis offers insights which will be invaluable to global debates on the struggle for justice.
