Описание: Referencing not only the UK welfare system but also relevant policies and experience in various other states, this book seeks to explain how and why complexity in modern welfare systems has grown, and to consider the role that law can play in the simplification of schemes of welfare.
Описание: ‘In this important contribution to the analysis and construction of European Union citizenship, Charlotte O’Brien provides her characteristic blend of rigorous legal scholarship and compelling social vision. She identifies challenging questions about the relationship between justice and vulnerability that should concern the shaping of law at all levels of governance.’Professor Niamh Nic Shuibhne, University of Edinburgh'Piercing the veil of well-known proclamations of “equality” and “non-discrimination”, in this intimate portrait of Union law O'Brien sounds a sobering wake up call. The Union, to the genuine surprise of some converted, is a powerful actor of injustice, failing the vulnerable Europeans at many a turn, blinded by its own proclaimed righteousness and goodness to be aware of the plight of those it lets down. The sooner we dispel the oxymoronic myth of a “market citizen” as a necessary tool of the uniquely benevolent EU internal market project, the sooner the process of healing the Union turning its back on the majority of Europeans can begin. This book is an important part of this beginning.'Professor Dimitry Kochenov, University of Groningen The EU is at a crossroads of constitution and conscience. Unity in Adversity argues that EU market citizenship is incompatible with a pursuit of social justice, because it contributes to the social exclusion of women and children, promotes a class-based conception of rights, and tolerates in-work poverty. The limitations of EU citizenship are clearest when EU nationals engage with national welfare systems, but this experience has been neglected in EU legal research. Unity in Adversity draws upon the ground-breaking EU Rights Project, working first hand with EU nationals in the UK, providing advice and advocacy, and giving ethnographic insight into the process of navigating EU and UK welfare law. Its study of EU law in action is a radical new approach, and the case studies illustrate the political, legal and administrative obstacles to justice faced by EU nationals. Taken together, the strands demonstrate that ‘equal treatment’ for EU nationals is an illusion. The UK’s welfare reforms directed at EU nationals are analysed as a programme of declaratory discrimination, and in light of the subsequent referendum, should be treated as a cautionary tale – both to the EU, to take social justice seriously, and to other Member States, to steer away from xenophobic law-making.Shortlisted for the 2018 BBC Thinking Allowed Award for Ethnography.Winner of the 2019 Hart—SLSA Book Prize.
Lawyers often play pivotal roles in building democracies. PamelaJordan’s engaging study of the Russian bar (advokatura) providesa richly textured portrait of how, after the USSR’s collapse,practising lawyers called advocates began to assume new, self-definedroles as contributors to legal reform and defenders of rights inRussia.
Using the historical institutionalism approach as her analyticalframework and drawing from comparative literature on legal professions,Jordan argues that the post-Soviet advokatura as an institution gainedmore, although not complete, autonomy from the state as it struggled toredefine itself as a profession. Advocates formed new bar associationsand law offices and now have a broader range of ways to defendclients’ rights than they did during the Soviet era. Jordansuggests that advocates’ work is supporting the growth of civilsociety and the strengthening of human rights in Russia.
Jordan concludes that, in a measured way, advocates redistributedsocial and political power by means of their role as intermediaryactors between state and societal forces. However, she also warns thatsuch gains could be reversed if the Putin regime continues to flout dueprocess rights.
Автор: James Название: Citizenship, Nation-building and Identity in the EU ISBN: 1138479748 ISBN-13(EAN): 9781138479746 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book sits at the intersection of three main interrelated themes - EU citizenship, the current state of the university in Europe, and student mobility - as they play out in the context of an EU funded programme established not least to promote European identity, European consciousness and European citizenship.
Описание: Exploring migration and citizenship in the context of European Union enlargement, this book weaves together doctrinal law, at the EU and national levels, policy debates, and both quantitative and qualitative data.
Lawyers often play pivotal roles in building democracies. PamelaJordan’s engaging study of the Russian bar (advokatura) providesa richly textured portrait of how, after the USSR’s collapse,practising lawyers called advocates began to assume new, self-definedroles as contributors to legal reform and defenders of rights inRussia.
Using the historical institutionalism approach as her analyticalframework and drawing from comparative literature on legal professions,Jordan argues that the post-Soviet advokatura as an institution gainedmore, although not complete, autonomy from the state as it struggled toredefine itself as a profession. Advocates formed new bar associationsand law offices and now have a broader range of ways to defendclients’ rights than they did during the Soviet era. Jordansuggests that advocates’ work is supporting the growth of civilsociety and the strengthening of human rights in Russia.
Jordan concludes that, in a measured way, advocates redistributedsocial and political power by means of their role as intermediaryactors between state and societal forces. However, she also warns thatsuch gains could be reversed if the Putin regime continues to flout dueprocess rights.
Автор: Koch Insa Название: Personalizing the State ISBN: 0198807511 ISBN-13(EAN): 9780198807513 Издательство: Oxford Academ Рейтинг: Цена: 12038.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Starting with penal populism, this book examines a paradox: the illiberal turn that liberal democracy has taken. Based on ethnographic fieldwork on a housing estate, it moves from why liberal democracy has taken a punitive turn, to what democracy means to these residents and how they experience their daily engagements with the state.
Автор: Devine Название: The Limits of State Power & Private Rights ISBN: 0367075598 ISBN-13(EAN): 9780367075590 Издательство: Taylor&Francis Рейтинг: Цена: 7042.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The Limits of State Power & Private Rights: Exploring Child Protection & Safeguarding Referrals and Assessments examines in detail the UK child protection and safeguarding system, exploring its theoretical and legal basis and implications in modern society.
Автор: Wilhelmsson, Thomas , Hurri, Samuli Название: From Dissonance to Sense ISBN: 1138340936 ISBN-13(EAN): 9781138340930 Издательство: Taylor&Francis Рейтинг: Цена: 29093.00 р. Наличие на складе: Нет в наличии.
Описание: First published in 1999, this book focuses on the new role of private law in late modernity.
Описание: This book presents a socio-legal examination of national and devolved-level developments in social protection in the UK, through the eyes of politicians and officials at the heart of this process.
Since its inception in 1998, devolution has altered the character of the UK welfare state, with dramatic change in the 10 years since 2010. A decade of austerity at national level has exposed diverging view in how governments in London, Edinburgh and Belfast view the social rights of citizenship. This political divide has implications for both social security law, as the devolved countries begin to flex their muscles in this key area for citizens’ economic welfare, and the constitutional settlement.
The book reflects on the impact of austerity, the referendum on Scottish independence and subsequent changes to the devolution settlement, Northern Ireland’s hesitant moves away from parity with Westminster in social protection, withdrawal from the European Union (Brexit), and the possible retreat from austerity during the COVID-19 pandemic.
The social union may or may not be weakening; its character is unquestionably changing, and the book lays bare the ideological and pragmatic considerations driving legal developments. TH Marshall’s theory of citizenship provides the lens through which these processes are viewed, while itself being reinterpreted in light of the national government’s increasing delegation of responsibility for social rights – whether to individuals, the voluntary sector or lower tiers of government.
Автор: O`Brien Charlotte Название: Unity in Adversity ISBN: 1849467196 ISBN-13(EAN): 9781849467193 Издательство: Bloomsbury Academic Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: ‘In this important contribution to the analysis and construction of European Union citizenship, Charlotte O’Brien provides her characteristic blend of rigorous legal scholarship and compelling social vision. She identifies challenging questions about the relationship between justice and vulnerability that should concern the shaping of law at all levels of governance.’ Professor Niamh Nic Shuibhne, University of Edinburgh 'Piercing the veil of well-known proclamations of “equality” and “non-discrimination”, in this intimate portrait of Union law O'Brien sounds a sobering wake up call. The Union, to the genuine surprise of some converted, is a powerful actor of injustice, failing the vulnerable Europeans at many a turn, blinded by its own proclaimed righteousness and goodness to be aware of the plight of those it lets down. The sooner we dispel the oxymoronic myth of a “market citizen” as a necessary tool of the uniquely benevolent EU internal market project, the sooner the process of healing the Union turning its back on the majority of Europeans can begin. This book is an important part of this beginning.' Professor Dimitry Kochenov, University of Groningen ‘Doctrinal mastery. Intellectual rigour. Conceptual depth. Empirical enrichment. O’Brien’s landmark text offers its readers all of these qualities. But she also writes with a clarity and honesty of purpose that is an inspiration to her readers. Particularly at a time when certain political actors seek to vilify “expertise”, Unity in Adversity is a testament to the value of independent and critical academic research.’ Professor Michael Dougan, University of Liverpool The EU is at a crossroads of constitution and conscience. Unity in Adversity argues that EU market citizenship is incompatible with a pursuit of social justice, because it contributes to the social exclusion of women and children, promotes a class-based conception of rights, and tolerates in-work poverty. The limitations of EU citizenship are clearest when EU nationals engage with national welfare systems, but this experience has been neglected in EU legal research. Unity in Adversity draws upon the ground-breaking EU Rights Project, working first hand with EU nationals in the UK, providing advice and advocacy, and giving ethnographic insight into the process of navigating EU and UK welfare law. Its study of EU law in action is a radical new approach, and the case studies illustrate the political, legal and administrative obstacles to justice faced by EU nationals. Taken together, the strands demonstrate that ‘equal treatment’ for EU nationals is an illusion. The UK’s welfare reforms directed at EU nationals are analysed as a programme of declaratory discrimination, and in light of the subsequent referendum, should be treated as a cautionary tale – both to the EU, to take social justice seriously, and to other Member States, to steer away from xenophobic law-making. Shortlisted for the 2018 BBC Thinking Allowed Award for Ethnography. Shortlisted for the 2019 Hart—SLSA Book Prize.
In 1973 the Supreme Court of Canada issued a landmark decision in the Calder case, confirming that Aboriginal title constituted a right within Canadian law. Let Right Be Done examines the doctrine of Aboriginal title thirty years later and puts the Calder case in its legal, historical, and political context, both nationally and internationally. With its innovative blend of scholarly analysis and input from many of those intimately involved in the case, this book should be essential reading for anyone interested in Aboriginal law, treaty negotiations, and the history of the “BC Indian land question.”
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