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Questions as to the mental capacity of an individual to consent to sex are an increasingly important aspect of legal scholarship and professional practice for those working in care. Recent case law has added new layers of complexity, requiring that a person must be able to understand that the other person needs to consent and can withdraw that consent. While this has been welcomed for asserting the importance of the interpersonal dynamics of sex, it has significant implications for practice and for the day-to-day lives of people with cognitive impairments.
This collection brings together academics, practitioners and organisations to consider the challenges posed by the current legal framework, and future directions for law, policy and practice.
Amid the shift towards neoliberalism and the privatization of resources, this book provides a radical new lens to view property and property theory.
Boldly challenging the conventional theories of property law that have shaped our understanding for centuries, leading expert Paddy Ireland explores the rise and growth of new intangible property forms; the nature of ‘investment’ and of property-as-capital; and the empirical realities of modern property.
Raising broader questions about ownership in society, the author ignites a powerful conversation about the increasingly unequal distribution of wealth, forcing us to confront that our current property system bears considerable responsibility for the current ‘polycrisis.
This groundbreaking work will set the agenda for a new era in property theory.
Compelling and robust, this book provides an analysis of challenges in public service outsourcing and considers how to avoid failure in the future.
Crucially, it proposes a governance mechanism where outsourcing public services nurtures a less extractive corporate form that is oriented towards a productive purpose beyond maximising shareholder value, with implications well beyond public services. Under these proposals, fostering purpose-driven companies that are independently governed and use profit to pursue purpose can improve both public services and wider economic organisation.
Examining how barriers to implementing this idea within the existing EU and UK legal frameworks may be addressed, the book formulates actionable policy proposals.
This book aims to revitalise the link between social justice and labour law through exploring the issue of personhood and the ‘subject’ of the law.
Rodgers argues that incorporating a more ‘relational’ notion of self into labour law not only provides a fresh normative perspective through which to evaluate existing labour laws, but will also make us more able to respond to labour market ‘shocks’ and labour market change into the future, including the introduction of AI.
It is only by embedding relationality into our law that can we really respect the humanity of workers and construct a legal framework through which social justice can be achieved at work.
This profound book by leading socio-legal scholar Joshua Castellino offers a fresh perspective on the lingering legacies of colonization.
While decolonization liberated territories, it left the root causes of historical injustice unaddressed. Governance change did not address past wrongs and transferred injustice through political and financial architectures.
Castellino presents a five-point plan aimed at system redress through reparations that addresses the colonially induced climate crisis through equitable and sustainable means.
In highlighting the structural legacy of colonial crimes, Castellino provides insights into the complexities of contemporary societies, showing how legal frameworks could foster a fairer, more just world.
In our pursuit of efficiency in the lower criminal courts, have we lost sight of quality justice? Through the critical examination of original stenographic data, this book demonstrates how an English Magistrates’ courthouse often pursued managerial efficiency to the detriment of social justice and procedural due process values.
Given that these courts process more than 95% of all criminal cases, this ‘over-efficiency’ problem has the capacity to cause significant social harm. Yates’s work concludes by providing socio-legal and criminological readers with ways to fix this over-efficiency problem. This accessible work is of value to policy makers and post-graduate students alike.
ePDF and ePUB available Open Access under CC-BY-NC-ND licence.
Recent legislative changes in England and Wales have eroded children’s ability to exercise their article 12 UNCRC rights to information, consultation and representation when parents separate. However, children’s voices may be heard through child-inclusive mediation (CIM).
Considered from a children’s rights perspective, this book provides a critical socio-legal account of CIM practice. It draws on in-depth interviews with relationship professionals, mediators, parents and children, to consider the experiences, risks and benefits of CIM. It investigates obstacles to greater uptake of CIM and its role in improving children’s wellbeing and agency.
Exploring the culture and practice changes necessary for a more routine application of CIM, the book demonstrates how reconceptualising CIM through a children’s rights framework could help to address barriers and improve outcomes for children.
Available Open Access digitally under CC-BY-NC-ND licence
This book examines what happens when states and other authorities use detention to abuse their power, deter dissent and maintain social hierarchies.
Written by an author with decades of practical experience in the human rights field, the book examines a variety of scenarios where individuals are unlawfully detained in violation of their most basic rights to personal liberty and exposes the many fallacies associated with arbitrary detention.
Proposing solutions for future policy to scrutinise processes, this is a call for greater respect for the rule of law and human rights.
This thought-provoking collection brings together academics from a range of disciplines to examine modern slavery.
It illustrates how different disciplinary positions, methodologies and perspectives form and clash together through a kaleidoscopic view and forms a unique insight into critical modern slavery studies. Providing a platform to critique the legal, ideological and political responses to the issue, experts interrogate the construct of modern slavery and the anti-trafficking discourse which have dominated contemporary responses to and understandings of exploitation.
Drawing from real-world examples across the world, this is a vital contribution to the study of modern slavery.
This book offers an in-depth exploration of the lives of EU migrant workers in the UK following Brexit and COVID-19.
Drawing on a longitudinal study, the book delves into the legal problems migrant workers face and sheds much-needed light on the hidden interactions between the law and communities around issues such as employment, housing, welfare and health. Through personal narratives and insights gathered from interviews, it reveals how (clustered) legal problems arise, are resolved and often bypass formal legal resolution pathways.
This is an invaluable resource that provides a rich picture of everyday life for migrant workers in the UK and highlights the vital role of NGOs working to support them.