bluuebunny/crossref_metadata_2025 huggingface dataset:
13. Crime and consumer culture
Authors: Hayward Keith , Smith Oliver
Published: August 2017

Proceeding from a theoretical perspective, this chapter examines the various relationships that exist between consumer culture and crime. The chapter starts by looking to criminology’s past, and a short review of some of the main theories/theorists that have actually trained attention on consumerism as a criminogenic phenomenon. This section also includes a critique of the supposed oppositional potential of consumerism that dominated the social sciences until relatively recently. Turning to the present, the chapter then introduces three distinct but complimentary perspectives that offer a more useful and critical explanation of ‘the crime-consumerism nexus’. First, cultural criminology addresses the criminogenic impact of global capitalism at the level of cultural discourse and everyday transgression. Second, ultra realist criminology identifies the damage caused by consumer capitalism, and more specifically how the dominance of neoliberal ideology shapes the deep-rooted desires and drives behind much identity-driven criminality. Finally, the deviant leisure perspective draws on both these positions to illustrate how dominant forms of commodified leisure drive a range of social, environmental, and individual harms. The relationship between crime and consumerism is not a simple one but, as this chapter argues, it is one that demands serious and critical criminological attention.
17. Criminology and transitional justice
Authors: McEvoy Kieran , Dudai Ron , Lawther Cheryl
Published: August 2017

This chapter explores the intersection between criminology and transitional justice. The chapter begins with a critical discussion on the utility of criminological scholarship from settled democracies to the exceptional circumstances of post-conflict or post-authoritarian societies. It then explores a range of debates related to the punishment of offenders in such contexts including the role of prosecutions, amnesties, the reintegration of former combatants, and the role of restorative justice. The chapter next considers the social and political construction of victimhood in transitional contexts including competing notions of the ‘idealized’ victim. The relationship between transitional justice and social control is then examined including the importance of countering denial, the relationship between deviance and memory and the particular contribution of efforts ‘from below’ to counter elites-level narratives on past abuses. The chapter concludes that a criminology of transitional justice provides the basis for revisiting some of the foundational questions on responding to crime and justice in the most challenging of settings—a sobering but intellectually rich research agenda for years to come.
19. Understanding state crime
Authors: Green Penny , Ward Tony
Published: August 2017

This chapter discusses the concept of state crime and proposes a distinction between ‘core state crimes’ of organized murder, rape, theft, etc., and more ambiguous criminal activity. Focusing mainly on core state crimes, it reviews some of the main approaches to explaining state violence and corruption. It then explores the methods used by social scientists to study state crime. While ethnographic fieldwork is the central method of research, it is complemented by a range of other sources of quantitative and qualitative data. These include, for example, the analysis of social media content and satellite imagery.
24. Prison architecture and design: perspectives from criminology and carceral geography
Authors: Jewkes Yvonne , Moran Dominique
Published: August 2017

This chapter seeks to convey why the architecture and design of prisons is pivotal to a full and nuanced understanding of ‘prison studies’. Placing prison design in historical and geographical perspectives, the chapter considers how evolving penal philosophies have been manifested in the form and fabric of prison buildings over the last two centuries. The current policy context in the UK, as new prisons have been built in Scotland and are being planned for England and Wales and Northern Ireland, is discussed. It is argued that this represents a rare opportunity not only to build new facilities that are fit-for-purpose but to re-assess how their aesthetic and spatial design might be mobilized to support a different model of criminal justice than that which has dominated since the last major wave of prison construction in the 1960s. Finally, the relationship between prisons and the communities in which they are situated is considered, and it is suggested that recently built prisons are no less a manifestation of society’s attitudes to offenders than Pentonville was in the mid-1800s. It is suggested that it may be more effective in the long term to influence public opinion through humane prison design than it is to build new prisons based on assumptions about public expectations.
27. Developmental and life-course criminology: innovations, impacts, and applications
Authors: McAra Lesley , McVie Susan
Published: August 2017

This chapter reviews the contexts in which developmental and life course criminology (DLC) emerged and has endured. It offers a critical review of theoretical and methodological innovation and advancement within the paradigm, and explores the policy solutions offered by DLC scholars. Overall, it is argued that DLC has flourished despite hostile criticism from those with other epistemological and ontological leanings because of its social, economic, and political acumen. Some concerns remain, however, about the potential for conceptual stasis within the paradigm due to a self-referential tendency that has become evident in the ways in which DLC scholarship is published and funded. The chapter concludes that DLC has radical potential provided it exhibits sufficient reflexivity in the ways in which it deploys theory and method. Important lessons can be learned from DLC and this chapter urges wider disciplinary engagement.
35. Crime prevention and community safety
Authors: Crawford Adam , Evans Karen
Published: August 2017

This chapter traces and evaluates both the historic emergence of the modern ‘preventive turn’ as well as the elaboration and institutionalization of crime prevention and community safety over the last thirty years or so. Focusing on the UK, the evolution and changes over time are situated, where relevant, in a broader international context. The chapter identifies three distinct periods of development that structure the shifts in crime prevention policy and practices from the 1980s to the present day. It explores the conceptualization, take-up, and advancement of a preventive mentality and practices in relation to situational, social, and developmental crime prevention as well as community safety. It goes on to assess the institutionalization of preventive partnerships and early intervention as distinct forms of governance and their implications for ‘responsibilization’ and ‘securitization’. In conclusion, it reflects upon the journey travelled thus far as well as possible future directions in an age of austerity.
42. Restorative justice in the twenty-first century: making emotions mainstream
Authors: Rossner Meredith
Published: August 2017

This chapter explores recent developments in restorative justice theory, research, and practice. It examines reasons why it has been challenging to define restorative justice and offers a comprehensive definition that articulates the relationship between values, processes, and outcomes. It then explores the main theoretical traditions that account for the claims of restorative justice: shame theories, procedural justice theories, and ritual theories. Following this, it reviews the empirical evidence on how offenders and victims experience restorative justice compared to court, and whether it can reduce reoffending. This chapter also discusses contemporary debates around restorative justice and punishment. It concludes by offering an assessment of the future of restorative justice.
7. Abuse of Discretion I
Authors: Elliott Mark , Varuhas Jason
Published: August 2017

This chapter examines principles of administrative law which seek to prevent abuse of discretion. It first considers the notion that there is no such thing as an unfettered discretion before discussing two key principles that encourage a mode of administration which is faithful to the legislative scheme set out by Parliament: those which require decision-makers to act only on the basis of factors which are legally relevant, and those which dictate that statutory powers may be used only for the purposes for which they were created. It also explores the propriety of purpose doctrine and the relevancy doctrine, citing a number of relevant cases such as Padfield v. Minister of Agrictulture, Fisheries and Food [1968] AC 997.
15. Liability of Public Authorities
Authors: Elliott Mark , Varuhas Jason
Published: August 2017

This chapter examines the nature and operation of the liability of public authorities, with particular emphasis on the tensions between the equality principle, a concern that authorities ought to be specially protected, and a concern that authorities ought to be subject to wider and more onerous obligations. The chapter first considers the relationship of public authority liability with judicial review and goes on to discuss the law of torts, especially the tort of negligence and what circumstances courts ought to impose negligence liability on public authorities for harm caused through exercises of statutory discretion. It then explores negligence liability in relation to omissions, human rights, and misfeasance in public office. It also reviews damages under the Human Rights Act 1998, contracts, restitution, and state liability in European Union law.
17. Inquiries
Authors: Elliott Mark , Varuhas Jason
Published: August 2017

This chapter discusses ex post (after the event) and ex ante (before the event) inquiries. It begins by sketching two of the ex ante inquiry models that are encountered in the planning context. The first model involves an inquiry that takes place before the making of any decision whatever and the second involves inquiries that are taken in advance of any decision on the relevant matter being reached, as well as inquiries that are undertaken in the course of an appeal that is lodged against a decision. The chapter then considers the nature and purpose of ex ante inquiries and the right to know the opposing case, along with participation and procedure as they apply to inquiries. It goes on to examine ex post inquiries and the role of judges in holding such inquiries before concluding with an analysis of government accountability with respect to inquiries.
18. Statutory Tribunals
Authors: Elliott Mark , Varuhas Jason
Published: August 2017

This chapter deals with statutory tribunals, the growth of which mirrors the dramatic expansion of the state itself. It first explains what tribunals are and whether they are a good thing before discussing two important turning points in the development of tribunals: the Franks Report, published in 1957, and the Leggatt Review, published in 2001. It then considers the independence of tribunals, focusing on their judicial leadership as well as tribunal appointments. It also examines some of the key issues and themes which arise from tribunal procedure, paying attention to formality, representation, and the style of tribunal proceedings. The chapter concludes with an analysis of the structure of the tribunals system and its relationship with the courts, with particular emphasis on the First-tier Tribunal (FTT) and the Upper Tribunal (UT), appeals against tribunal decisions, and judicial review by and of the UT.
19. Ombudsmen
Authors: Elliott Mark , Varuhas Jason
Published: August 2017

This chapter examines the role of the ombudsmen in the administrative justice system. It first traces the origins of the ‘public sector ombudsmen’, including the Parliamentary Ombudsman, in the UK. It then considers the need for and the functions of the ombudsmen, along with the place of the ombudsmen in a changing administrative landscape. It also discusses bodies and matters subject to investigation by the Ombudsman based on the Parliamentary Commissioner Act 1967, including ‘maladministration’, and the Ombudsman's discretion to investigate. Finally, the chapter reviews the conduct and consequences of the Ombudsman's investigations, paying attention to judicial review of the ombudsmen's conclusions, and institutional matters pertaining to the ombudsman system.
6. The Transfer of Freehold Land
Authors: Thompson Mark P. , George Martin
Published: August 2017

Land may be transferred by sale and upon death. The process of buying or selling a house is known as conveyancing and involves three stages: the pre-contract stage, in which the buyer and the seller conclude the negotiations and make an agreement as to the sale of the property; the formation of the contract; and the completion of the transaction when the property is conveyed or transferred to the buyer and the seller receives the purchase money. This chapter deals with the transfer of freehold land in England via sale or upon death. It discusses the pre-contract stage, contracts made before 27 September 1989 and after 26 September 1989, terms of the contract, failed contracts, estoppel, electronic conveyancing, the effect of the contract after it has been signed by both parties in land transfer, transmission of the legal estate, testate succession, and intestacy.
13. Easements
Authors: Thompson Mark P. , George Martin
Published: August 2017

An easement is a form of third party right that allows one to enjoy the benefits of land ownership. Some examples of such rights are rights of way, rights of light, the right to use a washing line on a neighbour’s land, the right to use a neighbour’s lavatory, and the right to park a car on another person’s land. The easement must exist for the benefit of land and cannot exist in gross. The rule that an easement cannot exist in gross has been a controversial subject. This chapter, which explores the nature of easements and considers their related concepts such as natural rights, public rights, restrictive covenants, and licences, also discusses legal and equitable easements, the creation of easements, and proposals for reform of the law on easements.
4. International Law and Domestic Law
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: August 2017

The interaction between international law and domestic (or national or ‘municipal’) law demonstrates the struggle between State sovereignty and the international legal order. While the international legal order seeks to organise international society in accordance with the general interests of the international community, State sovereignty can be used to protect a State against the intervention of international law into its national legal system. This chapter discusses theories about the relations between international law and national law; national law on the international plane; international law on the national plane; and examples of international law on the national plane.
9. Immunities from National Jurisdiction
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: August 2017

States and international organisations and their representatives in the courts of other States enjoy immunity from legal process. This immunity can be split conveniently into State (or sovereign) immunity, and diplomatic and consular immunities. The first concerns foreign States per se (including the Head of State), while the second concerns the personal immunities enjoyed by representatives of those States. This chapter discusses the general principles of state immunity in international law; state immunity in the United Kingdom; Heads of State and other holders of high-ranking office; the relationship between immunity and acts contrary to international law; the immunities of international organisations and their staff; and diplomatic and consular immunities.
12. International Environmental Law
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: August 2017

The concern and awareness about the need for environmental protection has increased dramatically, both nationally and internationally, in the last few decades. One way of putting this concern into action is the law, being a means to structure and regulate behaviour. International environmental law includes many treaties and declarations, a body of State practice and some compliance mechanisms, as well as a development towards the introduction of flexible instruments to achieve compliance. This chapter discusses the context of international environmental law; environmental theories; international obligations; selected environmental treaties; and the relationship of the environment with other international law issues.
16. Peaceful Settlement of International Disputes
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: August 2017

An international legal order must have rules in regard to the settlement of disputes. These rules are particularly necessary in an international community where States are not equal in terms of diplomatic power, access to weapons or access to resources, and where there is the potential for massive harm to people and to territory. This chapter discusses the general obligation on States; non-judicial settlement procedures; arbitration; specific international tribunals; the International Court of Justice and its interaction with the Security Council.
8. Mortgages and Security Interests in Land
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

This chapter examines the law governing security interests that can exist in land, with particular emphasis on the legal charge by way of mortgage in the social setting of home ownership. It first considers the four different types of security interest that can exist in land — the pledge, the lien, the mortgage, and the equitable charge — before discussing the equity of redemption and its significance into the realm of the legal charge by way of mortgage. It then explains the rights and powers of the lender on the enforcement of the security and the ways in which the law seeks to protect the borrower as the more vulnerable party during the course of the mortgage transaction. It also explores the principle of procedural fairness in transactions involving surety mortgages, focusing on the concept of undue influence, and concludes with an analysis of regulatory control of mortgage terms.
10. Freehold Covenants
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

This chapter examines the proprietary effect of covenants relating to freehold land as agreements that can be enforced against subsequent owners of the servient land by subsequent owners of the dominant land. It first considers the terminology and structure used to create freehold covenants relating to land before discussing the enforceability of the burden of freehold covenants to define who can sue for breach of covenant. It then looks at indirect enforcement of positive obligations and explains how freehold covenants relate to the acquisition and defences questions. It also analyses the entitlement to the benefit of freehold covenants to define who can sue for breach of covenant, the common remedies for breach of a freehold covenant, and the statutory jurisdiction to alter outdated covenants. Finally, it evaluates a number of proposals to reform the law governing land covenants.
5. Crime statistics
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter examines why the government wants to know about crime and how it goes about collecting the information it wants, whether that is the information it needs, and what is done with this knowledge once it is produced. It considers what recorded crime statistics actually measure by looking at various offence categories as well as patterns of offending in England and Wales. It also explores the main problems with police recorded crime statistics and what is meant by the ‘justice gap’; how the collation of crime statistics relates to broader issues of politics and power; and the main strengths and weaknesses of attempting to measure criminal behaviour through the use of social surveys. The chapter concludes with a discussion of the Crime Survey for England and Wales (CSEW) as a way of measuring crime and its trends in those countries.
13. Biological and psychological positivism
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter examines the contribution of biology and psychology to our understanding of crime and its causes from the perspective of individual positivism — those aspects of positivist criminological explanations that look for diffrences between criminal and non-criminal populations. It traces the development of biological and psychological positivist thinking from its roots in the nineteenth century through to more modern approaches in the twenty-first century where these biological and psychological traits are merely seen as one factor which may increase the likelihood of criminality rather than causing it. The chapter identifies the main biological and psychological theories relating to criminology and discusses the arguments of positivists regarding punishment and rehabilitation as a means to deal with offenders or criminals. It concludes with an analysis of learning theories that see most criminality as a product of learned behaviour.
23. Crime control, policing, and community safety
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter examines crime control strategies, policing, and community safety. It first explains what constitutes ‘crime control’ before discussing the distinction between crime control and due process models. It then considers the different methods of delivering ‘crime control’, including deterrence, target hardening, offender surveillance, and incapacitation and associated intervention programmes. It also analyses the role played by the police in crime control; the effectiveness of different crime control methods, such as situational crime prevention and zero tolerance initiatives; and issues surrounding the use of technology in crime control. Finally, it evaluates the consequences of crime control as well as the practical limitations and moral challenges of crime control.
26. Alternatives to punishment
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter considers two alternatives to punishment: diversion and restorative justice. It begins by looking at approaches to the delivery of criminal justice which challenge conventional assumptions about crime and punishment. It then traces the origins and development of restorative ideas and practices and goes on to discuss the emergence and impact of diversion as an intervention strategy; the purpose of alternatives to punishment and offence resolution; the structure, organisation, and operation of alternatives to punishment; and the achievements of alternatives to punishment. It also cites examples of the implementation of alternatives to punishment before concluding with an assessment of the limitations of alternatives to punishment.
1. An Introduction to Intellectual Property
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 philosophical and justificatory context in which intellectual property rights (IPRs) have developed, and the international and regional frameworks that have emerged for their protection. It also considers some of the important contemporary debates surrounding IPRs and briefly introduces how to enforce IPRs.
9. Breach of Confidence
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 focuses on the action for breach of confidence as it relates to commercial secrets. It first considers the jurisdictional basis of the action for breach of confidence and then discusses the elements for establishing a breach of confidence. The first element is that there must be confidential information; the second element is that the defendant comes under an obligation of confidence; the third element of a breach of confidence requires an unauthorized use of the information to the detriment of the person communicating it. The chapter also reviews the main confidentiality obligations that apply to employees and ex-employees with regards to commercial secrets.
8. Freedom of Expression (Article 10) II: Obscenity and Indecency
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 examines law relating to the control of obscenity and indecency. It first looks at the arguments for and against restriction. It then discusses provisions for obscenity and indecency under the Human Rights Act 1998; legal methods to control the distribution and availability of obscene or indecent material; offences and other procedures which apply to printed material and internet publications; and controls over films, DVDs, videos, live performance, and broadcasting. The chapter also considers two types of general control which are not specifically linked to a particular type of publication or article. The first relates to the distribution of sexual material, and covers controls over premises. The second type of control is that covering the import of materials, and exercised by HM Revenue and Customs (HMRC).
10. Terrorism and 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. This chapter first considers the definition of ‘terrorism’. It then turns to laws which the UK government has put in place to attempt to deal with this area, including proscription of organizations, modification of police powers, and various forms of restrictions on movement, including ‘control orders’ and their successors — terrorism prevention and investigation measures.
3. Legal Controls on Partnerships
Authors: Morse Geoffrey
Published: August 2017

This chapter examines how partnerships are regulated by either legislation or through the doctrine of public policy worked out by courts. It considers three areas of public control. The first of these is the area of freedom of contract. Partnerships are in essence a specialized form of contract and thus require all the elements needed for a contract. In addition, they are subject to those restrictions on the power to contract which apply generally — questions such as capacity, undue influence, and illegality. The second area of control relates to the freedom of association. Partnerships were until comparatively recently limited in size. While restriction no longer applies, there are still other restrictions relating to the composition of particular professional partnerships. The third area of control concerns the freedom to trade under a chosen business name. The chapter concludes with a discussion of issues regarding assimilation of partnerships into state systems.
9. Limited Partnerships
Authors: Morse Geoffrey
Published: August 2017

This chapter considers the origins and development of a limited partnership, created under the Limited Partnerships Act 1907 (LPA). The intention behind the 1907 Act was to allow the partnership form to be used by those who simply wanted to invest in a business under the protection of limited liability (up to the amount invested) for the debts of the firm. The partners (known as general partners) who ran the business would have no such protection. The chapter first examines the rights and duties of limited partners under the LPA and how these vary from general partnership law. It also looks into proposed changes made by the then Department for Business, Enterprise and Regulatory Reform regarding the law on limited partnerships.
11. Limited Liability Partnerships—Membership
Authors: Morse Geoffrey
Published: August 2017

This chapter considers the requirements needed to become a member of a limited liability partnership (LLP) under the Limited Liability Partnerships Act 2000 (LLP Act). The term ‘member’ of an LLP is used to distinguish them from partners, directors, or shareholders. Since the law applicable to LLPs derives mainly from adaptations from both company law and partnership law, members of an LLP are nevertheless treated as substituting for the role of partner, director, officer, or shareholder depending upon the relevant provision. For the various controls imposed on LLPs and for winding up, members can take the place either of shareholders, directors, or both. The chapter analyses members of an LLP as employees and workers. It then outlines the duties of members of an LLP and to each other as stated in Section 5 of the LLP Act.
5. Transfer of Title and Third Party Rights
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 looks at transfer of title and third party rights.
2. Some Factors Affecting Modern Contract Law
Authors: Furmston M P
Published: August 2017

This chapter discusses factors affecting contract law which will be met in the rest of this book. It can usefully be read both at the beginning and the end of the book. These include continental influence in the nineteenth century; the influence of economic theory; inequality of bargaining power; the use of standard form contracts; consumer protection; the relationship between standard form contracts, inequality of bargaining power, and consumer protection; contractual behaviour; the interrelationship of contract and tort; good faith in contract law; the globalization of contract law; and the Human Rights Act 1998.
5. Intention to Create Legal Relations
Authors: Furmston M P
Published: August 2017

This chapter, which examines the requirements of intention to create legal relations, discusses its application to domestic agreements such as agreements between husband and wife and commercial agreements.
7. Unenforceable Contracts
Authors: Furmston M P
Published: August 2017

This chapter and the next five chapters deal with cases where what looks like a contract turns out to be in someway defective. The ‘unenforceable contract’ resulted from procedural rather than substantive law. The origin of this position can be found in the passage, as long ago as 1677, of the Statute of Frauds. This chapter, which examines the history of this statute and its surviving effects in the modern law, discusses the Law of Property (Miscellaneous Provisions) Act 1989; other rules about form; and the law on writing, signature, and electronic commerce.
11. Contracts Illegal by Statute or at Common Law
Authors: Furmston M P
Published: August 2017

This chapter focuses on contracts prohibited by statute or contracts deemed illegal at common law on grounds of public policy, and discusses the consequences of illegality and proof of illegality.
4. The form, function, and administration of environmental law
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

This chapter focuses on national law, while also introducing international and European sources. Environmental law emerges at international, European, and national levels partly because the complex, interconnected nature of environmental problems requires a range of solutions at all of these levels. Some of the key characteristics of environmental laws that help to explain both the form and function of UK environmental law are examined here. The chapter also considers the institutions that are involved in the administration of environmental law and policy. The administration of environmental law and policy is carried out by a diversity of bodies, including government departments, regulatory agencies such as the Environment Agency, and a range of quasi-governmental bodies. The focus here is almost exclusively on UK structures and institutions. An underlying theme of the chapter is the way in which administrative structures are used to encourage the integration of environmental law and policy both internally—for example, through the creation of the Environment Agency as a unified regulatory agency—and externally; for example, through various methods of scrutinizing environmental policy across government departments.
6. The European Union and the environment
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

This chapter provides a brief overview of how the EU shapes UK environmental law and policy. It begins by providing an introductory guide to EU law, outlining the key institutions of the EU, the different sources of EU law, and how EU law is made. The chapter then proceeds to look at the more substantive elements of EU law as they affect environmental protection, starting with the policy and constitutional bases for EU environmental law, and gives a flavour of the scope of EU environmental legislation, before considering the scope for national standards to exceed those set at EU level or to disrupt trade between the Member States. This is followed by a discussion of the challenges faced in making EU environmental law work, and then with some thoughts on the impact of Brexit and how this may shape UK environmental law.
18. Waste management
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

This chapter deals with the legal control of waste. Waste management law is a good example of mixed regulation, because a wide range of mechanisms is used to address not only the problems of pollution caused by waste disposal, but also positive mechanisms, such as producer responsibility, which attempt to address the causes of waste production. The chapter concentrates on the regulation of the waste chain, from initial production to final disposal. This includes coverage of the difficult question of the definition of ‘waste’ and a brief explanation of the application of the environmental permitting system that now covers waste management. In general, the chapter looks at national law, although the important contribution of European law and the purposive approach to regulation is also considered.
20. New technologies
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

This chapter introduces some of the issues surrounding law, environmental protection, and new technologies. Using a series of examples—such as geoengineering, nanotechnology, synthetic biology, and hydraulic fracturing (‘fracking’)—it examines the relationship between environmental law and technological innovation. First, the chapter asks how well the law governs potential environmental risks posed by new technological development. Secondly, it looks at whether and how environmental law, in its regulation of new technologies, takes account of different forms of knowledge and expertise. Thirdly, it gives insights into the ways in which law can be used to incentivize the design and application of ‘green’ technologies. Finally, building on Ch. 11, it considers the potential environmental liabilities arising from new and emerging technological risks.
3. The law of treaties
Authors: Henriksen Anders
Published: August 2017

This chapter examines the principles and rules of the international law of treaties as reflected in the 1969 Vienna Convention on the Law of Treaties (VCLT). It discusses the treaty as a legal concept and provides an overview of the regulation of who can conclude treaties, how consent to be bound by a treaty is expressed, the rules on entry into force, treaty reservations, the interpretation of treaties, amendments and modifications, the invalidity of treaties, and the termination of and withdrawal from treaties. The VCLT is meant to be applied to all types of written treaties and it therefore governs treaties as diverse as a bilateral agreement to construct infrastructure as well as a multilateral document such as the UN Charter. In practice, however, the concrete application of the Convention may differ depending on the type of treaties.
5. Jurisdiction
Authors: Henriksen Anders
Published: August 2017

This chapter discusses the international legal concept of jurisdiction as well as the content of the relevant legal principles. The term jurisdiction relates to the authority of a state to exert its influence and power — in practice make, apply, and enforce its rules — and create an impact or consequence on individuals or property. The chapter explains the difference between, respectively, the jurisdiction to prescribe and the jurisdiction to enforce and the main elements thereof. It analyses the different principles of prescriptive jurisdiction (the principle of territoriality, nationality, universality, protection, and so-called passive personality) and discusses the issue of concurring jurisdictions as well as jurisdiction on ships and aircraft. It also discusses the prohibition on enforcing jurisdiction on the territory of another state as well as the legal consequences of violating that prohibition.
7. State responsibility
Authors: Henriksen Anders
Published: August 2017

This chapter discusses the international law of responsibility as primarily reflected in the 2001 International Law Commission's (ILC) Articles on the Responsibility of States for Internationally Wrongful Acts. It opens in Section 7.2 with an overview of some of the core principles and elements of state responsibility for wrongful acts. Section 7.3 discusses the issue of state attribution before Section 7.4 examines the various circumstances that may preclude the wrongfulness of conduct otherwise in violation of a (primary) legal obligation. Section 7.5 looks into the consequences of state responsibility while Section 7.6 discusses who may be entitled to invoke state responsibility. Section 7.7 provides a brief overview of the responsibility of international organizations.
3. Wills: Nature, Characteristics, and Contents
Authors: Sloan Brian
Published: August 2017

This chapter provides an introduction to wills. A will or testament is the declaration in a prescribed manner of the intention of the person making it with regard to matters which he wishes to take effect upon or after his death. The general effect of a will is that the legal interest in the deceased's estate passes to his personal representatives, while the beneficiaries obtain a form of equitable right in it. The chapter discusses the long history of the will in English Law; contracts relating to wills; mutual wills; secret trusts, other constructive trusts, and proprietary estoppel; the content of wills; and the will as a social document.
5. Making a Will: Formalities
Authors: Sloan Brian
Published: August 2017

This chapter begins by discussing Section 9 of the Wills Act 1837, which continues to govern the execution of wills in English law. Section 9 provides that no will shall be valid unless: it is in writing, and signed by the testator, or by some other person in his presence and by his direction; it appears that the testator intended by his signature to give effect to the will; the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and each witness either attests and signs the will or acknowledges his signature. The remainder of the chapter covers the question of reform, incorporation, the solicitor's duty of care, and deposit and registration.
8. Entitlement
Authors: Sloan Brian
Published: August 2017

This chapter first considers the various types of gift to which beneficiaries under a will may be entitled. The basic classification of testamentary gifts is into legacies and devises. Legacies are gifts of personality; devises comprise real estate. The second part of the chapter discusses the grounds on which there may be a failure of entitlement under the will. A gift may fail if it has been made subject to a condition, and the condition has not been satisfied. Conditions are classified for this purpose as either precedent or subsequent. A condition precedent (sometimes termed ‘suspensive’) is a condition which has to be satisfied in order for the beneficiary to take the gift. A condition subsequent, on the other hand, acts by way of defeasance: the beneficiary initially takes the gift, but loses it subsequently if he fails to satisfy the condition.
11. Continuity of employment and TUPE
Authors: Jefferson Michael
Published: August 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses continuous employment and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). An employee’s period of continuous employment begins on the day on which the employee starts work. Although continuity provisions normally apply to employment by one employer, there are situations where a transfer from one employer to another can preserve continuity of employment. One such situation is when there is a relevant transfer under TUPE. TUPE acts to ensure that an individual’s contract of employment is transferred in its entirety when the individual employee experiences a change of employer as a result of a transfer.
Public Law
Authors: Elliott Mark , Thomas Robert
Published: August 2017

Public Law is an advanced text that comprehensively covers the key topics in the field of public law. The book presents an analysis of the law and institutions of public law, and places the legal issues within the wider socio-political context within which the constitution operates. Three key themes that permeate the content allow readers to approach the subject in a structured way. The key themes are the significance of executive power in the contemporary constitution and the challenge of ensuring that those who wield it are held to account, the shift in recent times from a political to a more legal constitution and the implications of this change, and the increasingly ‘multilayered’ character of the British constitution.
1. Constitutions and Constitutional Law
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter examines the specific functions and characteristics of constitutions in general terms—thinking of what the constitutions of Western democratic countries are typically like—rather than with particular reference to the UK, and then considers how the UK’s constitutional arrangements measure up. This is followed by three case studies that illustrate how the different topics considered in this book relate to one another, and which also provide an overview of the type—and importance—of the issues with which public law is concerned.
2. Themes, Sources, and Principles
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter discusses the UK’s constitutional arrangements, and in particular, four important issues concerning the UK constitution, of which it is necessary to be aware at the outset. First, it sets out the three key themes that emerge from the study of contemporary UK public law, and second, examines the sources of the UK constitution. Third, the chapter addresses a number of principles that occupy a central role in UK public law, before finally considering whether the UK should adopt a written, or codified, constitution.
8. The European Union and Brexit
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter focuses on the constitutional implications of the UK’s membership of the European Union and the likely constitutional implications of its exit from the EU (or ‘Brexit’). The chapter examines how EU law has been accommodated within the UK legal system during the period of the UK’s membership of the EU, and in particular considers the consequences of the primacy of EU law for the doctrine of parliamentary sovereignty. The chapter considers the extent to which lessons learned about the UK constitution as a result of EU membership may remain relevant post-Brexit.
18. Human Rights and the UK Constitution
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter examines human rights protection in the UK. It examines the reasons why the Human Rights Act 1998 (HRA) was enacted, the effects of the HRA, the principal mechanisms through which the HRA affords protection to human rights in UK law, the scope of the HRA, and the debate concerning the potential repeal, reform, or replacement of the HRA. The chapter also introduces the notion of human rights, including the practical and philosophical cases for their legal protection, and the European Convention on Human Rights, to which the HRA gives effect in UK law.
20. Freedom of Assembly
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter is concerned with the right to freedom of assembly and, in particular, the right to protest. The chapter begins with a discussion of the importance of the right to protest, and then considers the prohibition of certain types of behaviour, statutory powers to regulate protests, and common law powers to regulate protests.
5. Intention, Capacity, Consideration, and Privity
Authors: Jones Lucy
Published: August 2017

This chapter examines issues relating to contract formation. It discusses the elements of an intention to create legal relations and the presumptions relating to commercial or business agreements and domestic agreements. It considers the law relating to capacity to contract, looking at the enforceability of different types of contracts made with minors. It considers the validity of contracts made with corporations and persons who may lack capacity through mental illness or intoxication. It also explains the importance of consideration in a contract, what constitutes consideration, whether consideration provided is sufficient, and who must provide the consideration. It discusses the law relating to part-payment of debts and promissory estoppel. Finally, the chapter considers the doctrine of privity of contract, and the exceptions to the doctrine, including the Contract (Rights of Third Parties) Act 1999
6. The Terms of a Contract
Authors: Jones Lucy
Published: August 2017

This chapter discusses the terms of a contract. The terms are the contents of the contract. They also state what the parties’ legal duties and obligations are to each other. Terms may be written, oral, or even implied into a contract. This chapter discusses the difference between a term of a contract and a representation and the difference between express and implied terms. It considers the types of contractual terms, conditions, warranties, and innominate terms and the distinction between them. The nature of exemption clauses and the methods used by the courts to restrict the use of such clauses and the effects on exemption clauses of the Unfair Contract Terms Act 1977 and Consumer Rights Act 2015 are examined. The chapter concludes with a discussion of restraint of trade clauses commonly found in contracts of employment, contracts for the sale of businesses, and solus agreements