法　学 — 全 下位分類

Key Features:

• Over 130 entries from leading experts
• Divides lines of inquiry into three themes: philosophy of law, interdisciplinary studies and empirical or experimental research
• Explores key concepts and fundamental ideas underpinning the main schools of thought in legal philosophy and interdisciplinary movements relevant to law
• Presents accessible and authoritative entries on the most significant debates, ranging from work on the concept and the authority of law to established and emerging methods for the study of law and legal institutions

This Concise Encyclopedia is an essential resource for scholars and students of law, legal philosophy and legal theory. Legal analysts and practitioners interested in the development of legal theory will also benefit from its invaluable insights.

This book proposes a comprehensive legal framework for regulating Artificial General Intelligence (AGI), integrating insights from law, economics, and process management.

Adopting a structured, future-focused, and risk-based approach to address the unique challenges of AGI regulation, this book validates the "singularity scenario" as a legitimate field of scientific inquiry. It critically examines the limitations of the EU Artificial Intelligence Act in governing AGI, and introduces a foundational four-level analytical model rooted in transaction cost theory. Through a detailed exploration of the what, who, and how of regulation, the book maps the risks associated with AGI, discusses the potential role of electronic legal personhood, and develops a practical legal framework aimed at ensuring AGI's trustworthiness and alignment with human values. Ultimately, it argues for proactive, rather than reactive regulatory strategies in anticipation of the technological singularity.

The book will be of interest to researchers in the field of the law of emerging technologies, artificial intelligence and regulation.

This book takes the topic of police decision-making, one that is so important to the everyday policing of all citizens, and examines it in depth. It does this, not just by describing the processes and mechanisms which govern decision-making, but also by considering the fundamental principles which underpin this.

The book critically explores how and why police officers make decisions, and what principles should guide those decisions in modern policing, bringing together the authors' research, wider literature and Williams' extensive experience of police practice. Part 1, Understanding Policing and Police Decision-making covers police legitimacy, police discretion and policing cultures. Parts 2 and 3 focus on policing in England and Wales. Part 2 introduces Frameworks of Police Decision-making covering police decision models and ethical police decision-making (focusing on the National Decision Model and Code of Ethics). Part 3, Decision-making in Practice, presents case studies on decision-making drawn from the authors' research and analysis on: student officers, stop and search and the night-time economy.

Aimed primarily at policing students, whether prospective police officers or social science students, the book will be of interest to all those involved in working with the police.

Justice Needs of Victim-Survivors of Sexual Violence examines the experiences of Rwandan victim-survivors during the 1994 Genocide against the Tutsi, exploring their justice needs, how the gacaca courts addressed them, and implications for justice responses to sexual violence in other settings.

This book draws on interviews with twenty-three Rwandan victim-survivors to examine their hopes, motivations, and experiences having their cases tried by gacaca. Established to try genocide-related crimes, these courts combined restorative and retributive justice, setting them apart from conventional criminal justice and standard restorative justice practices. The victim-survivors' accounts form the foundation of this book, shaped by fifteen years of research and collaboration with practitioners and scholars, and by the perspective of a psychotherapist who counselled many of the participants. It introduces two key categories of justice needs: process-related and outcome-related. It evaluates how effectively gacaca addressed these justice needs and compares victim-survivor experiences across conflict, post-conflict, and peacetime contexts globally, highlighting commonalities and differences.

Justice Needs of Victim-Survivors of Sexual Violence makes a significant contribution across transitional, restorative, and criminal justice contexts, genocide studies, and sexual violence research. It offers practitioners, policymakers, and scholars a framework for understanding and responding to victim-survivor justice needs across diverse settings.

This book explores how traditional mechanisms of legal proof are being transformed to address the unique challenges of civil liability in the European Union's digital landscape.

Drawing on a comparative analysis of EU law, Member States' practices, and international approaches, this book provides a comprehensive examination of how burden of proof, standards of proof, and rules of evidence are being strategically recalibrated to maintain the functional equivalence of civil liability in digital contexts. Tracing the theoretical foundations and judicial applications of proof mechanisms across jurisdictions, it analyses how the EU is deliberately deploying these mechanisms as policy levers to reshape civil liability regimes. Through careful examination of emerging legislation and policy instruments, the book reveals how modifications to traditional proof rules serve broader objectives in consumer protection, data security, and AI governance. With particular attention to the challenges of electronic evidence, from AI outputs to blockchain traces, the work offers invaluable insights into evolving standards of admissibility and reliability under EU law, Council of Europe frameworks, and national jurisprudence.

The book will be of interest to researchers in the field of EU law, the law of emerging technologies and civil law.

This book offers a fresh feminist perspective on prostitution. It challenges the 'sex work' perspective, drawing on experience from rape law and #MeToo campaigns in Ireland and elsewhere to develop a new legal concept of 'compromised consent'.

This concept justifies the introduction of Nordic Model laws banning the purchase of sex. It recognises that an individual consent to sell sex is necessarily compromised by structural exploitation within the vastly profitable global sex industry.

While 'sex work' proponents increasingly dominate academic discourse on prostitution, this book asserts that they have co-opted the language of feminism to mask the immense power and patriarchal control exerted by the industry. Their view of 'consent' is based on a dangerous premise. They cannot say that those who sell sex do so out of mutual desire; rather consent is portrayed as an expression of individual choice, thus ignoring the intersectional gendered collective context within which commercial sex transactions take place worldwide.

By contrast, this book argues that presumptions of 'consent' in prostitution directly undermine the legal principles of affirmative consent and contemporary law reforms hard-won by feminist activists on rape and gender-based violence. A view of consent as 'compromised' within the sex trade derives from socialist theorising, as well as from legal re-conceptualisations of consent in other settings. It also reflects the reality of conditions within the sex industry.

This book will be of great interest to students, academics, policy makers and feminist activists. It makes a significant contribution in challenging the dominant thinking within a highly polarised literature.

This book develops a novel theory of legal personhood, providing a theoretical grounding for the Rights of Nature movement.

Maintaining that natural entities such as glaciers and ecosystems are deserving of rights of their own, the Rights of Nature movement has been credited with the potential to bolster environmental protections and help halt the ongoing destruction of our planet. This book fills a gap in the literature by explicitly examining whether there are any necessary or sufficient conditions for legal personhood, and if there are any constraints on who or what can be a legal person. The book ultimately argues that there are no such constraints, which removes any need for legal persons to resemble human beings. By rejecting the connection between legal persons and humans, it becomes possible to finally move past the anthropocentrism that has so far colored nearly all aspects of international environmental law and which has held back the possibility of giving nature rights of its own.

The book is intended for those interested in the legal and philosophical foundation of rights in general and how they can be used to give nature rights and personhood of its own in particular.

This much welcomed new edition examines all recent developments in the field of contractual indemnities.

The first edition of this landmark text provided a coherent theory of the promise of indemnity while also addressing important practical issues, such as the construction of contractual indemnities. This new edition retains its hallmark dual perspective: setting out the foundational general principles and exploring specific forms of indemnity.

This new edition also explores illegality post Patel v Mirza; extends the discussion of implied indemnities; examines the impact of Woods v Capita Insurances Services Ltd; and looks at performance bonds, guarantees and indemnities. The book states English law but it draws upon a considerable amount of material from other common law jurisdictions, including Australia, Canada, New Zealand and Singapore. It will appeal to readers from those countries.

Key Features:

• Brand new chapter on the Foreign Subsidies Regulation in relation to Mergers
• Substantial coverage of State Aid procedure
• Demonstrates how public enforcement and private enforcement work in tandem
• Commentary on current enforcement trends and where the rules provide flexibility in uncertain times

Presenting authoritative guidance on competition procedure and enforcement rules in the EU, and facilitating navigation of this complex field, the third edition of EU Competition Law Volume I: Procedure is an essential resource for all practitioners handling competition or state aid cases, as well as judges and competition authorities.

Offering a sweeping examination of how racial meaning, criminality, and social mobility are produced and contested across contemporary media systems, this book traces the criminalization of Blackness through print journalism, television broadcasting, digital and social media platforms, and AI-driven infrastructures.

Race, Crime, and Media in the Digital Age: Belonging and Exclusion shows how race, crime, and media have long been intertwined in shaping how societies imagine danger, belonging, and the limits of citizenship. In the United States, this entanglement is especially stark: media institutions have repeatedly amplified racialized narratives that link Blackness to criminality while reinforcing White innocence and social mobility. This book demonstrates how media storytelling influences public opinion, policy, and everyday experiences of belonging and exclusion. Drawing on cultural studies, sociology, Black studies, and global comparative research, Brian Chama exposes the feedback loops connecting media, structural inequality, and racialized fear, while foregrounding counter-narratives, community media, and emerging movements for ethical, inclusive media futures.

Moving from historical news framing to algorithmic amplification, this work will resonate with scholars, students, and practitioners across media studies, criminology, sociology, and race and ethnic studies. It will also appeal to government and non-government institutions, and policymakers seeking to understand and dismantle systemic bias in media culture.

Key Features:

• Sets out how financial service providers use data to profile clients and financial products
• Explores the legal framework for data vending by trading venues
• Analyses the Capital Markets Union and the Savings and Investment Union as tools for creating an integrated European capital market
• Proposes that the creation of efficient data spaces in the EU will prove to be pivotal in advancing a unified capital market
• Evaluates the implications of data regulation across issuer regulation, trading venues, financial intermediation, supervision and judicial adjudication in financial law disputes

Capital Markets Law and Data Regulation in the EU is a vital resource for legal practitioners and other professionals in the field of financial law and technology. Financial supervisors and EU policymakers will also benefit from its practice-oriented recommendations.

Widely considered two of the most controversial legal scholars, Hans Kelsen and Carl Schmitt have been the subject of debate for almost a century. This book focuses on a limited but extremely important controversy between Kelsen and Schmitt: the answer to the question regarding the proper guardian of the constitution. This debate goes to the heart of political power and legal thinking. The work presents a detailed examination of the three key documents from 1927 to 1933 regarding this controversy. An understanding of these writings will aid in comprehending the larger controversy between Kelsen and Schmitt with respect to discussion or decisionism, law or power, and democracy or dictatorship.

As much about the conflict between pluralism and unity and between democracy and autocracy as it is about a specific historical controversy, this study will be of interest to academics and researchers working in the areas of jurisprudence and legal philosophy, constitutional law and theory, political philosophy and legal history.

This forward-thinking Research Agenda examines the wide-ranging impact of big data and considers what kind of regulatory framework is needed in response. Challenging the perception of big data as a driver of progress, leading scholars identify the legal debates that should guide the next phase of research.

Questioning dominant assumptions about scale, innovation and technological development, contributing authors assess how big data has reshaped domains including climate policy, children's online safety, digital health, transport and finance. They highlight that data-driven systems are not neutral or cost free, outlining their dependence on resource-intensive infrastructures. The Research Agenda explores how this dependence can allocate responsibilities unequally across many actors and move faster than the law, compounding inequality. It concludes that governance must move beyond narrow compliance models towards more coherent approaches grounded in accountability, transparency, sustainability and justice.

Combining conceptual and doctrinal analysis with practical insights, A Research Agenda for Big Data and the Law is an essential guide for scholars and students of technology law, data protection law, and intellectual property law. Policymakers and regulators in media law and financial regulation will also find its discussions on regulatory gaps, governance models and emerging legal challenges invaluable.

The Research Handbook is organized around three interconnected themes. The first concerns foundational questions: how competition policy relates to innovation, inclusive growth, industrial policy, sustainability, and democracy. The second addresses substantive law, examining how frameworks for cartels, dominance, mergers, and digital markets require adaptation to serve development objectives in contexts ranging from South Africa and Brazil to India and Southeast Asia. The third focuses on enforcement, confronting the practical challenges of institutional independence, resource constraints, priority-setting, South-South cooperation, and the power asymmetries embedded in international convergence processes such as the ICN. Ultimately, the Research Handbook rejects the push toward harmonisation and universalisation, insisting instead that effective competition law in the Global South must be context-specific, inclusive, and oriented toward structural transformation.

This book is an essential reference for scholars and students of competition law, law and development, and comparative economic regulation, as well as policymakers and practitioners navigating the intersection of market governance and development strategy.

Comprehensive and accessible, Tim Newburn's bestselling Criminology provides an introduction to the fundamental themes, concepts, theories, methods and events that underpin the subject and form the basis for all undergraduate degree courses and modules in Criminology and Criminal Justice.

This fourth edition includes:

• New chapters on 'Southern criminology' reflecting the changing focus on contemporary scholarship and the general trend toward decolonising criminology
• New and updated crime data and analysis of trends, plus new content on recent events such as the changing political landscape, the influence of new social media on events such as the Southport riot and claims of 'two-tier policing', together with scandals such as the Grenfell Tower fire and the Lucy Letby case.
• A fully revised and updated companion website, including exam, review and multiple choice questions.

Fully updated to reflect recent developments in the field and extensively illustrated, this authoritative text, written by a leading criminologist and experienced lecturer, is essential reading for all students of Criminology and related fields.

This textbook is supported by an extensive collection of free digital resources at www.routledgelearning.com/criminology. Students can enhance their learning with interactive quizzes, review questions, flashcards, and curated videos and web resources, while instructors can access a comprehensive instructor manual, test bank and PowerPoint slides designed to streamline course preparation.

Through an examination of the underlying technology driving digital currencies, this book offers a comprehensive understanding of the mechanisms governing their operation, clarifying complex legal concepts and confronting the pressing issue of anonymity inherent in digital currency transactions.

The book focuses on two categories of digital currencies: cryptocurrencies (eg, bitcoin) and in-game currencies (the currencies used in the closed virtual environment of a game). Despite their differences in governance - cryptocurrencies being decentralised and in-game currencies being centralised - they share significant similarities in terms of anonymity, which presents a notable issue within the anti-money laundering (AML) framework.

Against the backdrop of both the international AML standards developed by the Financial Action Task Force (FATF) and the European Union AML regime, the book examines the AML compliance stage of the private sector and, specifically, the collection and retention of data relating to digital currency users. It analyses the new AML Regulation, alongside the 5th AML Directive, the Market in Crypto-Assets (MiCA) Regulation and the 'Travel Rule' Regulation, to construct a complete picture of the obligations imposed on virtual asset service providers and to assess whether the new framework disproportionately interferes with the right to privacy and data protection of the end user. In doing so, the book offers the first legal assessment of the proportionality of private-sector AML obligations in the field of digital currencies based on the argument that, in this context, EU AML law is increasingly transforming into a surveillance regime.

In an era marked by economic uncertainty and rising living costs, the need for compassionate and effective personal insolvency systems has never been more urgent. This edited volume offers a timely and incisive exploration of the complexities of personal insolvency regimes.

Drawing on insights from the UK, the US, Europe, Japan and China, the book examines how diverse legal systems negotiate the tensions between debt relief and moral hazard, creditor protection and social equity, and market efficiency and human dignity. It compares the effectiveness of neoliberal models, middle-ground approaches, and state-led systems, offering assessments of their respective strengths and limitations.

The analysis moves beyond theory, grounding its arguments in real-world examples, while advancing the case for a robust, standalone personal insolvency framework in China. By synthesising global experience with local experimentation, the volume demonstrates how such a framework could strengthen economic resilience, uphold human dignity, and bring China's system into closer alignment with international standards.

Ideal for scholars, policymakers and practitioners alike, this book bridges academic rigour and practical relevance, inviting readers to reconsider insolvency not merely as a mechanism of last resort, but as an instrument of financial rehabilitation and social inclusion.