bluuebunny/crossref_metadata_2025 huggingface dataset:
4. Penal populism and epistemic crime control
Authors: Loader Ian , Sparks Richard
Published: August 2017

Questions of crime and security today often seem dominated by a contest between populism on the one hand and epistemic crime control on the other. These positions appear to press conflicting claims: the former seeks to speak for ‘the people’, or ‘victims’, or ‘law-abiding citizens’ who have been ill-served by remote penal elites; the latter (e.g., the evidence-based policy movement) claims that emotive irrationalism in crime policy should be countered by institutions that enhance the power and influence of experts/knowers. Our aim in this chapter is to reconstruct the visions of crime governance to be found in populist and epistemic ideologies and to clarify what is at stake in disputes between them. In so doing, we question the assumption that they are competing alternatives. We argue, instead, that populism and technocracy are twin pathologies of our contemporary anti-political malaise, both of which ‘disfigure’ the ideal and practice of democracy by neglecting the normative force of democratic procedures.
5. Political economy, crime, and criminal justice
Authors: Reiner Robert
Published: August 2017

Trends and patterns in crime and criminal justice are shaped by variations in the overall structure of different political economies. The macro trends in political economy are mediated by varying institutional and cultural factors and, in turn, these feed down into more local neighbourhood and family patterns and ultimately the psychology of different individuals. Whilst there is an element of choice in the commission of crime, this operates in conditions that are influenced by micro, meso, and macro structures. The chapter analyses the history of political economy as a perspective in criminological theory, as well as how crime and criminal justice vary over time and space between different political economies, in particular social democratic and neoliberal ones.
18. Rethinking comparative criminal justice
Authors: Nelken David
Published: August 2017

This much revised chapter on studying criminal justice comparatively begins by asking why we do such research and what approaches we can draw on. It considers the goals of studying comparative criminal justice and the contributions that are made by the positivist search for explaining variation, the interpretive effort to grasp meaning, and the legal approach that gives full attention to what legal actors say and think they are doing. It goes on to examine problems in identifying relevant similarities and differences, comparing like with like, and bringing new places into perspective. Following this, it examines the challenges that increasing transnational and global links between nation states pose to the field. Last, but not least, it discusses different strategies for gathering data and how this needs to change with the growth of transnational criminal justice.
29. Domestic violence
Authors: Gadd David
Published: August 2017

This chapter outlines the key definitional and aetiological issues surrounding domestic violence perpetration. It begins with international estimates of the prevalence of domestic violence, many of which confine themselves to assessments of the percentage of women worldwide who have ever been physically or sexually assaulted by a partner. The second section of the chapter reviews the British historical literature to show how Victorian concern with the protection of respectable women from ‘wife-beaters’ yielded to a medical-psychiatric discourse that blamed hysterical women for provoking men with quick tempers. It then outlines how twentieth-century feminist accounts reframed the problem of ‘wife-beating’ variously in terms of ‘domestic violence’, ‘domestic abuse’, ‘intimate partner violence’, ‘coercive control’, and ‘gender-based violence’ in efforts that exposed the roles of sexism, inadequate legal protection, and gender inequality in perpetuating a ‘continuum’ of abuse against women under patriarchy. The third part of the chapter appraises the critique of gender-based perspectives provided by: psychological studies, some of which point to ‘gender symmetry’ in the perpetration of domestic violence and some of which reveal personality differences between perpetrators and non-violent men; and sociological studies that expose how the intersections between gender and ethnicity, sexuality and age manifest themselves, both in incidents of domestic violence and in official reactions to them. The chapter concludes by pointing to the challenge of finding a common voice capable of capturing the collective experiences of those in need of protection from domestic violence as well as the need to find ways of responding to perpetrators whose attitudes, motives, backgrounds are not necessarily identical to each other. These challenges are rendered more acute when the law is revealed as unpredictable in its capacity to determine the culpability of the small minority of men who perpetrate grievous assaults on their partners.
37. Sentencing
Authors: Ashworth Andrew , Roberts Julian V.
Published: August 2017

Sentencing represents the apex of the criminal process and is the most public stage of the criminal justice system. Controversial sentences attract widespread media coverage, intense public interest, and much public and political criticism. This chapter explores sentencing in the United Kingdom, and draws some conclusions with relevance to other common law jurisdictions. Sentencing has changed greatly in recent years, notably through the introduction of sentencing guidelines in England and Wales, and more recently, Scotland. However, there are still doubts about the fairness and consistency of sentencing practice, not least in the use of imprisonment. Among the key issues to be examined in this chapter are the tendency towards net-widening, the effects of race and gender, the impact of pleading guilty, the use of indeterminate sentences, the rise of mandatory sentences, and the role of the victim in the sentencing process. The chapter begins by outlining the methods by which cases come before the courts for sentencing. It then summarizes the specific sentences available to courts and examines current sentencing patterns, before turning to a more detailed exploration of sentencing guidelines, and of the key issues identified above. The chapter addresses two critical questions: What is sentencing (namely who exerts the power to punish)? Does sentencing in the UK measure up to appropriate standards of fairness and consistency?
43. Criminological engagements
Authors: Liebling Alison , McNeill Fergus , Schmidt Bethany E.
Published: August 2017

This chapter considers the relationships between criminology and the worlds of penal policy and practice. It focuses in particular on the day-to-day interactions the authors of the chapter forge in their research lives and on their ‘effects’ and failures as ‘engaged criminologists’. The chapter supports forms of criminological engagement that are subtle, long term and relational rather than occasional, mechanical, linear, or instrumental, and proposes that these forms of engagement improve understanding but require constant reflection and negotiation. This chapter argues that knowledge-generation is slow and cumulative; it takes time to ‘read a situation’ in complex human and social environments and it should be an iterative process with the research community and the world of practice teaching, learning from each other at every step of the way. Research participants welcome a ‘full’ research presence of the kind described in this chapter. For knowledge to ‘do good’, it needs to be (qualitatively) ‘good’ and should be produced through patient, honest, rigorous, and disciplined but also deeply engaged forms of enquiry. This chapter suggests that our institutional structures often fail to support this model of research.
3. The Status of Unlawful Administrative Action
Authors: Elliott Mark , Varuhas Jason
Published: August 2017

This chapter examines the status of unlawful administrative action, and more specifically whether unlawful administrative action is void or voidable. It first considers the practical and theoretical arguments that address the ‘void or voidable’ question by focusing on the case of Boddington v. British Transport Police [1999] 2 AC 143, along with four post-Boddington decisions. It then discusses the nature of voidness, with particular emphasis on the presumption of validity and the principle of legal relativity. It also explores the divergent theoretical perspectives upon administrative law that underpin the different approaches that writers adopt to the status of unlawful administrative acts. Finally, it looks at voidness in relation to collateral challenge and suggests that the disagreements regarding the status of unlawful administrative action, at least to some extent, pertain not to what constitutes a desirable outcome but to the form of judicial reasoning that prefigures the reaching of the outcome.
8. Abuse of Discretion II
Authors: Elliott Mark , Varuhas Jason
Published: August 2017

This chapter examines grounds of judicial review that are substantive in two senses: it reduces the range of substantive options open to a decision-maker, or it involves judicial examination of the quality of the reasons for the decision itself, rather than the quality of the process adopted by the decision-maker. The chapter first considers the doctrine of reasonableness or rationality in administrative law before discussing the doctrine of proportionality and the notion of judicial deference in relation to variable intensity review. It also explores the role of the proportionality test in English law and the question of whether English courts are heading towards jettisoning the reasonableness doctrine in favour of utilizing proportionality in all relevant cases.
13. The Judicial Review Procedure
Authors: Elliott Mark , Varuhas Jason
Published: August 2017

This chapter examines the judicial review procedure, with particular emphasis on two issues: first, what judicial review procedure which claimants seeking a prerogative remedy are required to use; second, the extent to which a claimant seeking to raise a public law matter may avoid having to use the judicial review procedure by issuing a claim for an injunction or declaration. After providing a background on the origins of today's judicial review procedure, the chapter discusses the nature of the judicial review procedure and the impact of human rights claims on judicial review procedure. It also considers when the judicial review procedure must be used, focusing on procedural exclusivity, waiver of exclusivity, defensive use of public law arguments, and the connection between private law rights and public law.
Thompson's Modern Land Law
Authors: Thompson Mark , George Martin
Published: August 2017

This book offers contemporary coverage of a traditionally difficult subject. It moves away from the typically dense, black-letter approach adopted by many textbooks to take a more engaging look at the social context within which Land Law operates. The book is structured to reflect the key topics that are typically covered on the LLB, making it ideal for use as a main textbook, and the contextual approach and selective coverage ensure that it offers in-depth and rigorous analysis and discussion. It explains difficult rules and concepts, and guides students around the common pitfalls in areas where there is typically misunderstanding or confusion. This edition includes extended coverage of the Human Rights Act in land law; new coverage of the developments concerning estoppel; and expansion of the chapters on easements and covenants, to take full account of the final Law Commission proposals relating to these areas. Coverage of the family home has been revised to deal with the impact of Stack v Dowden and the Supreme Court decision in Jones v Kernott, as has the chapter on leasehold property to assess the Supreme Court decision in Berrisford v Mexfield Housing Co-operative Ltd.
2. Tenure and Estates
Authors: Thompson Mark P. , George Martin
Published: August 2017

The doctrine of estates appears to be a logical consequence of tenure. The theory underpinning Land Law in England is that all land belongs to the Crown and that people held the land from the Crown, originally, in return for the performance of services. In this case, the tenants did not actually own the land itself, but only held an interest, or estate, in the land. Certain incidents of ownership can be divided between different people at different times, a process facilitated by the doctrine of estates. This chapter focuses on the doctrines of tenure and estates. It discusses freehold estates, which include the fee simple, the life estate, and the fee tail, as well as the co-existence of estates, ownership and possession of land, and leasehold estates.
5. Registration of Title
Authors: Thompson Mark P. , George Martin
Published: August 2017

The 1925 legislation was enacted in part to encourage the development of the registration of title to land, to which end the basic doctrines of substantive Land Law had to be simplified. Thereafter, the legislation’s ultimate goal has been to make sure that all land titles in England and Wales are registered. Registration of title aims to facilitate the security of land ownership and land transfer. This chapter focuses on the registration of land titles in England and Wales. After providing an overview of the basics of title registration, it discusses the Land Registration Act 2002, registrable interests, registration with an absolute title, third party rights, unregistered interests which override registration, titles that are less than absolute, dealings with registered land, and indemnity as a result of alteration of register.
7. Adverse Possession
Authors: Thompson Mark P. , George Martin
Published: August 2017

According to Section 17 of England’s Limitation Act 1980, a person who loses the right to recover possession of land also loses his title to that land. The corollary is that the person who takes possession of the land acquires ownership rights. In cases where title is unregistered, English Land Law provides that ownership of land or, more accurately, estates in land, is a relative concept. In a dispute over entitlement to possession of land, the court must determine which of the two claimants has a better right to possess, rather than who is the owner. This chapter explains legal aspects of possessing land titles in England. After providing an overview of land ownership and possession, it discusses the rationale of the statute of limitation, the link between registered land and human rights, limitation under the Limitation Act 1980, the accrual of a right of action, and adverse possession.
9. Co-ownership 1: Acquisition of Interests in the Home
Authors: Thompson Mark P. , George Martin
Published: August 2017

Co-ownership of land can involve a number of quite different relationships. One type of relationship, which has caused the most anxiety, is that between cohabiting couples in an intimate relationship. Much of the case law dealing with the acquisition of interests in land has arisen in the context of disputes over ownership of the family home. In the case of the matrimonial home, such disputes became possible only in 1882. This chapter, which explores legal issues concerning co-ownership of matrimonial property in England, focusing on acquisition of interests in the matrimonial home, first discusses the creation of co-ownership before turning to express declarations of ownership. It also considers resulting, implied, and constructive trusts as well as joint ownership of the legal title, sole ownership of the legal title, contributions and resulting trusts, purchase money resulting from trusts, reform of the law on co-ownership, and proposed legislation by the Law Commission.
12. Mortgages
Authors: Thompson Mark P. , George Martin
Published: August 2017

A mortgage is a form of security for a loan, the purpose of which is often to finance the purchase of a house. This type of mortgage is known as acquisition mortgage. The house can also be used as security for other borrowing (for example, to pay for an extension to a house) or to finance a small business. Such mortgages are generally termed second, or even third, mortgages. The person who creates the mortgage is called the mortgagor and the person in whose favour it is created is called the mortgagee. The mortgagee is a secured creditor and can transfer the mortgage to another person. This chapter, which focuses on the nature of mortgages and how they are created, also discusses the role of mortgages, types of mortgage, rights of the mortgagor, rights and remedies of the mortgagee, and priority of mortgages.
3. The Law of Treaties
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: August 2017

Treaties are an important source of international law that are used with increasing frequency to codify, crystallise and develop international law. They are particularly useful when States need to change or reorganise their obligations under international law rapidly, sometimes to reflect the changed reality of international society. This chapter begins with the definition of a treaty. It then discusses the Vienna Convention on the Law of Treaties 1969; formation and application of treaties; reservations to treaties; interpretation of treaties; invalidity of treaties; and termination of treaties.
6. International Human Rights Law
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: August 2017

Human rights are a matter of international law, as the rights of humans do not depend on an individual’s nationality and so the protection of these rights cannot be limited to the jurisdiction of any one State. This chapter introduces the principal ideas, issues and framework of international human rights law. It discusses human rights theories; human rights and the international community; international protection of human rights; regional human rights protections; limitations on the human rights treaty obligations of States; the right of self-determination; and the protection of human rights by non-State actors.
10. Law of the Sea
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: August 2017

The law of the sea is of great importance to the world community as reflected in the wealth of treaty law, customary law and judicial decisions concerning this subject. The most important of all is the United Nations Law of the Sea Convention 1982, which entered into force on 16 November 1994. This chapter discusses the rules governing the territorial sea and the contiguous zone; the continental shelf; the exclusive economic zone; the high seas; the deep seabed; and peaceful settlement of disputes.
14. International Criminal Law
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: August 2017

This chapter addresses the prosecution of crimes in international criminal courts according to international—not national—criminal law. International law has long recognised that certain conduct, for example piracy and slavery, are crimes against international law which may be tried by international bodies or by any State. This principle has been expanded to cover more substantive crimes. International mechanisms for criminal accountability may be established where national courts have failed or are unable to try offenders due to a lack of political will, insufficient resources, deficiencies in national law, and/or ongoing conflict. The establishment and jurisdiction of the existing international criminal tribunals, including the International Criminal Court, are considered.
15. The Use of Force, Collective Security and Peacekeeping
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: August 2017

International law aims to regulate the use of force in two ways. First, it stipulates that there is a paramount obligation not to use force to settle disputes, with only limited exceptions; and second, it has at its disposal a procedure whereby the international community itself may use force against those using violence. These are known respectively as the rules on the ‘unilateral use of force’ and the rules of ‘collective security’, both of which are discussed in this chapter.
4. Registered Title and the Acquisition of Legal Estates
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

This chapter examines both the acquisition question and the content question in relation to legal estates within the context of the Land Registration Act 2002. More specifically, it considers how legal estates in land are created and transferred. It also explores the principles that lie behind the registration of title as well as the content of a registered title. After describing the formal acquisition of legal estates, the chapter focuses on the content of a registered title. It then analyses the extent to which a registered title is indefeasible in the light of case law on the effect of fraudulent transactions. It also explains how legal estates can be acquired informally through adverse possession or ‘squatting’ and concludes with a discussion of the human rights aspect of adverse possession.
6. Trusts of Land
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

This chapter examines the legal regulation of trusts of land, with a particular focus on co-ownership trusts. It begins with a discussion of the two forms of co-ownership that exist in English law, joint tenancy and tenancy in common, as well as the ‘severance’ rules that enable a joint tenant to become a tenant in common. While joint tenants can act only collectively and their acts necessarily affect the whole of the co-owned estate, tenants in common can also act individually in relation to their own undivided shares in the estate. The chapter goes on to consider the trustees' powers, beneficiaries' rights, and the role of the court in relation to co-ownership trusts as provided by the Trusts of Land and Appointment of Trustees Act 1996. Finally, it explains how the courts resolve disputes as to whether co-owned land should be sold.
9. Easements
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

This chapter examines easements and how they relate to the content, acquisition and defences questions. Easement refers to the right of a landowner to enjoy a limited use of neighbouring land. An essential feature of an easement is the need for two pieces of land: the dominant land to which the benefit of the easement is attached and the servient land over which the easement is exercised. This chapter considers the four defining characteristics of an easement: there must be two distinct areas of land — dominant land and servient land; the dominant and servient land must be owned by diffrent people; the easement must ‘accommodate’ the dominant land; and the right must be capable of forming the subject matter of a grant. It also discusses the express creation vs. implied creation of an easement, along with defences that can defeat an easement.
3. What is crime?
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter explains what crime is and what sorts of activities are criminalised and why. It begins by considering how society decides exactly which activities should be classed as crimes and goes on to discuss crime from an international human rights perspective. It then looks at crime as a social construct and its relation to deviance, the reasons why some actions are criminalised, the harm principle, and how crime differs from social harm. It also examines whether we need the criminal law in order to hold people to account and punish them, or whether a system designed to deal with any harm caused without apportioning blame would be more effective in ensuring safe and content communities.
6. How does criminology ‘know’ about crime?
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter examines the means by which different forms of knowledge are created in criminology and what it means to know about crime, with particular emphasis on the empirical research methods used by criminologists. It also discusses the complex interplay between subjectivity, supposition, and study in producing knowledge in criminology; the benefits and limitations of different research study methods on the creation of criminological knowledge; criminological theory as knowledge; and various research methods in criminology such as experiments, surveys, bservations, and secondary analysis. Finally, it considers how subjectivity, supposition, and study interact with, and impact on, understanding and knowledge production in criminology.
7. Crime and the media
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter examines media representations of crime and criminals. It first considers the public's fascination with crime before turning to two main methods traditionally used by criminologists to record the reporting of crime: content analysis and discourse analysis. It then assesses the capacity of media to distort and shape public perceptions of crime, criminality, and the criminal justice system. It also explores the importance of media in forming new narratives such as citizen journalism; how young people and migrants are portrayed in the media; the depiction of crime in novels, television, and film; media classification and censorship; and the fear and panic caused by new technology and new media such as video games. The chapter concludes by describing different kinds of cybercrime such as hacking and identity theft, along with young people's use of the Internet.
9. Explaining youth crime and youth justice
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter deals with youth crime and youth justice: offending behaviour committed by children and young people and their subsequent treatment in the justice system. It considers the argument for a bespoke understanding and response to youth and crime as distinct from offending behaviour committed by adults. The discussion begins by looking at how the concepts of ‘childhood’ and ‘youth’ have been theorised and socially constructed over time. The chapter then examines how youth crime and ‘delinquency’ have been explained in individualised, developmental, and agentic terms; how young people may grow into crime, with particular emphasis on the role of culture in deviance; and the link between radicalisation and youth crime. It also describes the dominant formal responses to youth crime before concluding with an overview of progressive, contemporary approaches to delivering youth justice/responding to youth crime, namely, diversion and positive youth justice.
15. Critical criminology—part 1
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter examines a range of criminological perspectives which are collectively known as critical criminology, with particular emphasis on labelling perspectives, Marxist inspired critical theories, and feminist perspectives. It begins with an overview of the four main ideas of positivism (in either its biological, psychological, or sociological forms): determinism, scientism, consensus, and treatment/rehabilitation. It then considers the philosophical and political arguments that underpin critical criminologies, along with the different foundational strands within critical criminology. It also discusses the importance of the ideas of social construction, power and power relations to critical criminology, as well as the problems of ‘deviance’ and its interpretation and control. Finally, it explores the development of critical criminology in Britain, the rise of the ‘new’ criminology, Taylor et al's (1973) notion of a ‘fully social theory’ of crime and deviance, and the issue of violence in relation to gender.
16. Critical criminology—part 2
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter examines four main strands of critical criminology: zemiology, the study of social harm; cultural criminology, which re-focusses the critical criminological imagination on the emotional and carnivalesque aspects of crime and control; green criminology, which deals with environmental crime as a growing crime problem committed by powerful groups; and convict criminology, which is concerned with how knowledge is produced and how the marginalised voices of prisoners are silenced and muted in both criminological and policy debates. The chapter also considers some basic economic concepts and ideas and how these fit into the world of critical green criminology when studying crimes of the (economically) powerful, and how and why the features of subcultures and emotions are important to cultural criminologists. It concludes by evaluating the claim made by convict criminologists that the prisoner voice should be a central one when considering prison reform and penal change.
17. Right and left realism
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter examines left and right realism, which address real problems faced by society and suggest solutions. It first considers the political context surrounding the emergence of realist criminologies before discussing three common themes which unite right realism: a focus on ‘street crime’; anti-intellectualism; and a focus on punishing criminals. It then outlines the policy implications of right realist theorising, paying attention to the work of James Q. Wilson and Charles Murray's arguments about criminality. It also explores the ideas of individualism, consumerism and relative deprivation as they relate to criminal behaviour and concludes with an assessment of the key ideas of left realism, including social inclusion and exclusion, as well as its policy implications.
20. Criminal justice principles
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter examines the source and changing nature of the fundamental principles of criminal justice. It begins by considering a process of change for criminal justice featuring four factors labelled as ‘game changers’ — principles, policies, practices, and people — with a particular focus on principles. It then discusses the importance of the rule of law doctrine and some of its key features, including parliamentary sovereignty, separation of powers, an independent judiciary, due process, and human rights. It also explores the essential features of an adversarial justice system and the restorative justice principle and concludes with an assessment of the roles of the police, the courts, and the Crown Prosecution Service in the criminal justice system.
22. Crime prevention
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter examines crime prevention ideas and practices. It first explains what crime prevention is before discussing crime prevention strategies, the objectives of crime prevention, and the emergence and development of crime prevention. It then describes a framework for policy and practice based on ideas of ‘primary’, ‘secondary’, and ‘tertiary’ prevention. It also considers alternative perspectives on crime prevention; the arguments in favour of taking a preventive approach to criminal justice; the implications of crime prevention for different stakeholders, including potential victims, potential offenders, communities, politicians, and interest groups; the evidence base in support of preventive measures; models of practice in crime prevention; what prevention achieves; and the consequences of crime prevention, namely, crime escalation, adaptation, and displacement. The chapter concludes by highlighting the limitations of crime prevention.
24. Punishment and the idea of ‘just deserts’
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter examines punishment as a means of dealing with crime and its implications for justice. It first introduces the key arguments advanced in support of the idea of punishment in general and specific punitive practices in particular. It then considers the historical development of punishment and its changing role in society, along with specific forms of penal sanction such as death penalty, imprisonment, and community based alternatives to the deprivation of liberty. The chapter goes on to discuss the role of the judiciary in administering punishments as well as the consequences of imposing punitive measures. Finally, it evaluates the potential limitations of the use of punishment, including miscarriages of justice and its apparent failure to affect the likelihood of reoffending.
27. Critical perspectives on crime and punishment
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter examines a range of perspectives which question the assumptions underlying the concept of ‘punishment’. It first explains what is meant by the idea of critical perspectives on punishment before discussing a number of critical perspectives on the justice system including abolitionism, social control theories, community justice, and transformative justice. It then explores unjust punishment and problems for criminal justice of discrimination and inequality, focusing on the disparities in treatment between white, BME, and other sectors of the population in the criminal justice system. It also considers how ‘crimes of the privileged’ and state crimes can remain unseen or unpunished and concludes with an evaluation of the limitations of critical analyses of crime and punishment.
28. Becoming a researcher and knowledge producer
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter guides the criminology student on how to undertake research and embark on knowledge production, with particular emphasis on the work required for doing a dissertation. It provides an array of practical and creative tips for developing the student's role as a knowledge producer and becoming a person who contributes to what is — and what is not — known about crime and the criminal justice system. The objective is to enhance the student's undergraduate studies by encouraging him/her to think and act as an independent researcher. The chapter explains why research is important and highlights the breadth of opportunities offered by being an undergraduate researcher in criminology. It considers effective ways of choosing one's research topic, the core features of a dissertation or research project, ethical standards for researchers in criminology, and unconventional methods of dissemination for research.
30. Journeying into employability and careers
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter helps the criminology student think about what comes next by guiding him/her through some of the career options he/she is likely to have after completing his/her degree. It also provides a strategy for achieving the skills and attributes employers expect to see in contemporary undergraduates. The chapter first considers employers' perceptions of graduate employability skills before explaining how students can produce their graduate employability and refine it through a strategy of reflection, assessment, reaction, and evaluation (RARE). It then offers suggestions on how the students can journey into potential careers' opportunities with ‘criminal justice game changers’ by engaging with career development learning and experiences from people in these careers. It also describes an alternative approach that the student can take into account for different careers that require the attributes for self-employability.
2. Copyright I
Authors: Aplin Tanya , Davis Jennifer
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Copyright refers to a set of exclusive rights in relation to cultural works such as literature, newspapers, photographs, drawings, artworks, films, music, and plays, and also extends to less obviously aesthetic creations, such as computer programs and databases. This chapter discusses the history, justifications, and sources of UK copyright law as well as the requirements for copyright protection.
5. Passing off
Authors: Aplin Tanya , Davis Jennifer
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the protection which the law affords to unregistered trade marks through the tort of passing off. It covers the definition of passing off; the relationship between passing off and unfair competition; the elements of passing off; and defences to passing off (delay or acquiescence, bona fide use of the defendant’s own name, and concurrent use).
6. Trade Marks I
Authors: Aplin Tanya , Davis Jennifer
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the main justifications for the protection of registered trade marks. It considers the substantive law relating to the subject matter of registration as set out in the Trade Marks Directive (2016) and its predecessor. It looks at which signs will be registered as well as the absolute grounds for refusal of registration and at the Court of Justice of the European Union and domestic case law interpreting these grounds. The practicalities of the trade mark registration process both domestically and internationally are also considered. The chapter then looks at the relationship between registered marks and the public domain.
Civil Liberties & Human Rights
Authors: Costigan Ruth , Stone Richard
Published: August 2017

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. Textbook on Civil Liberties and Human Rights provides an account of this area of law. This work covers all the main topics in the field of civil liberties and human rights. It provides coverage of crucial areas such as police powers, freedom of expression, terrorism, and public order. A thematic approach helps readers to appreciate the overlap and interconnected nature of the subject, and the close association between the different articles of the European Convention. Topics new to this edition include: Austin v UK on kettling and the deprivation of liberty; von Hannover v Germany (No 2) and Springer v Germany on privacy; Othman (Abu Qatada) v UK on asylum and fair trial rights; O’Donoghue and Others v UK on the right to marry; the Supreme Court’s views in R v Gul on the definition of terrorism; the Court of Appeal’s rulings in Hall v Bull and Black v Wilkinson on discrimination on grounds of sexual orientation where this conflicts with religious beliefs; Att Gen v Davey on contempt and the internet; and the Anti-Social Behaviour and Policing Act, which will replace ASBOs with Injunctions to Prevent Nuisance and Disorder.
7. Freedom of Expression (Article 10) I: Official Secrets and Freedom of Information
Authors: Costigan Ruth , Stone Richard
Published: August 2017

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter discusses the law governing official secrets and freedom of information. It covers arguments for the protection of freedom of expression; arguments for and against official secrecy; official secrecy under the Human Rights Act 1998 (HRA 1998); the Official Secrets Acts 1911–1920; the Official Secrets Act 1989; the action for breach of confidence; breach of confidence under HRA 1998; and the Freedom of Information Act 2000.
Partnership and LLP Law
Authors: Morse Geoffrey
Published: August 2017

Partnership and LLP Law, which is now in its eight edition, covers the essential principles of both partnership law and the law relating to limited liability partnerships. In addition to explaining established principles it explores the unresolved issues in partnership law, including fixed share partnerships and whether partners can be workers, dissolution by acceptance of repudiatory breach, abandonment and mutuality, liability for equitable wrongs, the authority of a partner winding up a partnership, and the availability of equitable or common law remedies for breaches of the partnership agreement. The new edition includes a greatly expanded analysis of limited liability partnerships signifying the growth in importance of this type of entity and the development of a distinct area of law. LLP law is still evolving and combines both corporate and partnership elements which creates legal and practical difficulties. The book considers and provides answers to these problems. It analyses for example, the question as to whether a person can be both a member and an employee of an LLP. Limited partnerships are also considered in detail in response to their recent revival as investment vehicles and recent developments on access to information and derivative actions by limited partners.
1. Partnerships and Partnership Law
Authors: Morse Geoffrey
Published: August 2017

This chapter briefly defines and examines the essential principles of a partnership, highlighting the definition of a partnership as stated in the Partnership Act 1890. It also emphasizes the term ‘relation’ as given in the definition. A partnership is a relationship arising from a contract, which if established governs the rights and duties between the parties and their relationships vis-à-vis the rest of the society. Unlike a company, a partnership does not confer any limited liability on the partners. Putting all of this into consideration, the chapter analyses the basic concepts of limited liability partnerships (LLP) introduced into English and Scots law by the Limited Liability Partnerships Act 2000. The Act defines LLP as a hybrid between a company and partnership. The chapter concludes with overview of the development of partnerships, looking into the basis behind the Partnership Act of 1890, and some of the main issues that concern partnerships.
4. Partners and Outsiders
Authors: Morse Geoffrey
Published: August 2017

This chapter considers the effects of partnership on the partners themselves vis-à-vis their individual and collective liability to those who are outside that relationship (i.e. ‘outsiders’ or ‘third parties’). It emphasizes Sections 5 to 18 and Section 36 of the Partnership Act 1890, examining the liability of outsiders in two areas, contracts and other (non-contractual) wrongs. The chapter first looks into the liability of partners for contracts, analysing the three types of authority that an agent or partner has — the actual, implied, and apparent authority. It then examines the liability for other wrongs, delving into situations where partners may be liable for torts, crimes, misapplication of property entrusted to one partner or the firm, and for breaches of trust.
12. Limited Liability Partnerships—Liability to Third Parties
Authors: Morse Geoffrey
Published: August 2017

This chapter discusses the liabilities of members of limited liability partnerships (LLP) to third parties. Aside from its debts, an LLP may be liable either in its own right as the contracting party or tortfeasor by way of attribution or vicariously for the acts of its agents and employees as any other principal or employee. Under the Limited Liability Partnerships Act (2000), an individual member's personal liability for his or her own negligence whilst acting on behalf of the LLP will be a matter for the courts to determine, by analogy with the direct liability of a director as set out by the House of Lords. The chapter describes the different liabilities that emerge based on the agreed contributions by members, the contributions by court order, and by shadow members. It concludes by examining the liabilities for contracts, torts, and other wrongs.
2. Definition of Land
Authors: Wilkie Margaret , Luxton Peter , Malcolm Rosalind
Published: August 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about the definition of land.
3. Finders’ Titles
Authors: Wilkie Margaret , Luxton Peter , Malcolm Rosalind
Published: August 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about finders’ titles.
9. Proprietary Estoppel
Authors: Wilkie Margaret , Luxton Peter , Malcolm Rosalind
Published: August 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter examines proprietary estoppels.
12. Freehold Covenants
Authors: Wilkie Margaret , Luxton Peter , Malcolm Rosalind
Published: August 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter considers freehold covenants.; and the juridical basis underlying building schemes.
13. Mortgages
Authors: Wilkie Margaret , Luxton Peter , Malcolm Rosalind
Published: August 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about the law of mortgages. The questions deal with issues such as their creation; clogs on the equity of redemption; the remedies of a mortgagee and protection of the mortgagor; and undue influence.
6. The Contents of the Contract
Authors: Furmston M P
Published: August 2017

This chapter discusses the process of deciding what the contract is. This includes express and implied terms; the relative importance of contractual terms, the process of deciding what the contract mean; excluding and limiting terms; the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015.
9. Misrepresentation, Duress, and Undue Influence
Authors: Furmston M P
Published: August 2017

This chapter discusses three reasons why a contract may be invalid. These are that it was procured by misrepresentation (basically one party misleading the other), by duress (threats by one party to the other), or by undue influence (one party improperly taking advantage of the other).
13. Capacity of Parties
Authors: Furmston M P
Published: August 2017

This chapter examines the law governing contracts made by minors, or by persons who are mentally afflicted or drunk. It also considers the present position of corporations, who make contracts outside the limits set out in the formative document.
15. Privity of Contract Under the Law of Agency
Authors: Furmston M P
Published: August 2017

This chapter discusses the law on contracting through agents. It covers the place of agency in English law; the formation of agency; the position of principal and agent with regard to third parties; unauthorized acts of the agent; and termination of agency.
16. The Voluntary Assignment of Contractual Rights and Liabilities
Authors: Furmston M P
Published: August 2017

This chapter discusses the assignment of contractual rights and liabilities. It covers the assignability of contractual rights; rules that govern assignments, whether statutory or equitable; novation distinguished from assignment; and negotiability distinguished from assignability.