Bücher der Reihe Palgrave Socio-Legal Studies

This book analyses how China has engaged in global IP governance and the implications of its engagement for global distributive justice. It investigates five cases on Chinäs IP engagement in geographical indications, the disclosure obligation, IP and standardisation, and its bilateral and multilateral IP engagement. It takes a regulation-oriented approach to examine substate and non-state actors involved in Chinäs global IP engagement, identifies principles that have guided or constrained its engagement, and discusses strategies actors have used in managing the principles. Its focus on engagement directs attention to processes instead of outcomes, which enables a more nuanced understanding of the role that China plays in global IP governance than the dichotomic categorisation of China either as a global IP rule-taker or rule-maker.This book identifies two groups of strategies that China has used in its global IP engagement: forum and agenda-related strategies and principle-related strategies. The first group concerns questions of where and how China has advanced its IP agenda, including multi-forum engagement, dissembling, and more cohesive responsive engagement. The second group consists of strategies to achieve a certain principle or manage contesting principles, including modelling and balancing. It shows that Chinäs deployment of engagement strategies makes its IP system similar to those of the EU and the US. Its balancing strategy has led to constructed inconsistency of its IP positions across forums. This book argues that China still has some way to go to influence global IP agenda-setting in a way matching its status as the second largest economy.

This open access edited book investigates European social rights in practice from socio-legal perspectives. It brings together fourteen socio-legal scholars, representing Nordic and Western European countries, who analyse different aspects pertaining to European social rights, namely the regulation of social rights, encounters between welfare professionals and citizens, and citizens¿ mobilisation of social rights. These three different aspects form the structure for the sections in the anthology, each analysing transformations related to regulation, encounters and rights mobilisation. The book contributes to the existing literature as it focuses on interdependent transformations on macro, meso and micro levels which are key for understanding processes and contexts related to European social rights in practice. It speaks particularly to academics in sociology of law and/or regulation.

This book critically analyses the way in which traditional sociocultural and legal biases might be perpetuated against those with unknown ¿ or unknowable ¿ genetic ancestries. It looks to law and works of literature across differing eras and genres focussing upon such concepts as inherited stigma, illegitimacy, orphanisation, adoption, othering, reunion, and the ¿right¿ to access truths that relate to one¿s original identity. Law¿s role in such matters is often limited (or usurped) by custom, practice, or lingering superstitious beliefs; the importance of oral and written testimony is therefore highlighted. Characters include abandoned or orphaned figures from folk and fairy tales, Romantic and Victorian monsters and heroes, Dickensian waifs, Edwardian rescue orphans, and dystopia-set ¿rebels.¿ Their insights and experiences are mirrored in various present day scenarios that speak to familial human rights abuses, not least forced adoptions and bars on accessing original information. This cross-disciplinary book drawing on Law, Literature, Sociology, Critical Adoption Studies should be of interest to those interested in and those who have been affected in some way by adoption, origin deprivation, or reunion.

This open access book presents a legal geography of property rights in land through the lenses of landscape and critical spatial justice. It seeks to reassert the importance of landscape and place in property as an alternative to abstract concepts of property which dominate contemporary thinking. It investigates property¿s origins and uptake in the common law through the lenses of landscape and spatial justice, providing a genealogy of property, from its early origins in pre-feudal Scandinavia to its development as a cornerstone concept in English common law. It offers a new perspective and analytical tools to reconsider many accepted approaches to land in the law today. This book also contributes both to the decolonization of property law and critiques of property¿s unsustainability, as well as the examination of the role of law itself in facilitating large scale land changes that destroy place, and the ramifications of this process. As such, it should be of interest to inter-disciplinary scholars working in the socio-legal, environmental and property law fields

This book explores key issues in relation to parole and public opinion, including the relevance of public opinion to parole boards decision-making and strategies for increasing public confidence in parole. It presents the findings of semi-structured interviews with 80 members of parole authorities in 12 jurisdictions, across Australia, New Zealand, Canada and Scotland. Unlike judicial processes, which are open to the public, there is little awareness of and research on the work of parole authorities. This book therefore shines a light on a little-understood, but hotly-contested, aspect of the criminal justice system. Specifically, it explores differences across the study jurisdictions and considers how parole authorities in the four study countries view public attitudes, as well as the role of the media in shaping public attitudes towards parole. The book also considers whether public reaction matters for parole board decision-making and the interplay between informing the public and offender reintegration. It explores a range of strategies which may improve public confidence in parole and therefore the criminal justice system more broadly. This includes consideration of the value, definition and possibility of public confidence. The authors then discuss both passive forms, such as parole authority websites, publication of decisions and social media, before examining active forms of engagement, including an information/liaison officer, roadshows and community fora.

This book argues that past inattentive treatment by state criminal justice agencies in relation to domestic abuse is now being self-consciously reversed by neoliberal governing agendas intent on denouncing crime and holding offenders to account.

This book breaks new theoretical ground by constructing a framework of 'relational vulnerability' through which it analyses the disadvantaged position of those who undertake unpaid caregiving, or 'dependency-work', in the context of the private family.

This book illuminates methodology in legal research by bringing together interdisciplinary scholars, who employ a diverse set of methodologies, to address a specific shared research challenge: 'the body'.

This book analyses how the system of immigration judicial reviews works in practice, as an area which has, for decades, constituted the majority of judicial review cases and is politically controversial.

Through four case studies, it examines how demographic change impacts on the judicial system and how should the judicial system adapt to embody a greater preparedness for the demographic changes that lie ahead?

This book is a critical examination of recently introduced individual accountability regimes that apply to the financial services industry in the UK (SMCR) and Australia (BEAR and the forthcoming FAR), together with a forthcoming new individual accountability regime ( in particular, SEAR) in Ireland.

This book contributes to current debates about "queer outsides" and "queer outsiders" that emerge from tensions in legal reforms aimed at improving the lives of lesbian, gay, bisexual, transgender, intersex, and queer people in the United Kingdom.

This book brings together a range of theoretical perspectives to consider fundamental questions of health law and the place of the body within it.

This book discusses the socio-legal tax state and its relationship to development, inequality and the transnational. Schumpeter examined the links between capitalism and taxation, arguing that fiscal pressures on governments led directly to the development of tax collection, and the burgeoning growth of capitalist economies.

This book contributes to current debates about "queer outsides" and "queer outsiders" that emerge from tensions in legal reforms aimed at improving the lives of lesbian, gay, bisexual, transgender, intersex, and queer people in the United Kingdom.

This book brings together a range of theoretical perspectives to consider fundamental questions of health law and the place of the body within it.

How is religion, particularly non-Christianness, conceptualised and represented in English law?

Though states provide critical supports to the construction and ongoing maintenance of transnational legal constraints, David Schneiderman argues that states remain crucial sites for resisting, even rolling back, investment law disciplines.

How do ordinary people experience and make sense of the informal justice system? Creutzfeldt shows that the everyday relationship that people have with the informal justice system is shaped by their experiences and expectations of the formal legal system and its agents.

Despite a popular view that trials are the focal point of the criminal justice process, in reality, the most frequent way a criminal matter resolves is not through a fiercely fought battle between state and defendant, but instead through a process of negotiation between the prosecution and defence, resulting in a defendant pleading guilty in exchange for agreed concessions from the prosecution. This book presents an original empirical case-study of plea negotiations drawing upon interviews with legal actors and an analysis of defence practitioner case files, to shine light on the processes and ways in which an agreed outcome is reached in criminal prosecutions, within the setting of a jurisdiction, like many others world-wide, which is suffering major shifts in state resources. Plea negotiations, also referred to as "plea bargaining", "negotiated guilty pleas" and "negotiated resolutions" are neither an alloyed benefit nor a detriment for defendants, victims or the criminal justice system generally, and like all compromises, this book shows how the perfect "justice" outcome gives way to the good, or just the reasonably acceptable justice outcome.