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Chapter

Cover The Oxford Handbook of Criminology

9. Feminist criminology: inequalities, powerlessness, and justice  

Michele Burman and Loraine Gelsthorpe

This chapter addresses complexities and continuing concerns in thinking about feminist perspectives and contributions to criminology. The chapter charts feminist contributions to criminology over time, dwelling on the paradigmatic shifts in criminology in both substantive and epistemological and methodological terms, extending both the terrain of criminological theorizing and understanding of knowledge forms. The notion of feminist criminology as a transitional phase towards a more humanistic stance in relation to crime and justice in a globalized context is also explored. The chapter considers synergies between feminist contributions and other work which has focused on inequalities before the law and addresses the issue of migrant offenders and victims, criminal behaviour, and criminal justice, as well as victims of human trafficking, these being examples of the problematic dichotomy between victims and offenders.

Chapter

Cover The Oxford Handbook of Criminology

17. Feminist criminology: Inequalities, powerlessness, and justice  

Michele Burman and Loraine Gelsthorpe

This chapter addresses complexities and continuing concerns in thinking about feminist perspectives and contributions to criminology. It charts feminist contributions to criminology over time, dwelling on paradigmatic shifts in substantive, epistemological, and methodological terms, and the ways in which feminism has transformed criminological research and practice. The chapter explores contemporary feminist research agendas focused on issues of powerlessness, justice, and inequality, addressing research on violence against women, digital technology, human trafficking, migration, and criminal justice. The notion of feminist criminology as a transitional phase towards a more humanistic stance in relation to crime and justice in a globalized context is also explored.

Chapter

Cover Criminology

14. Economic marginalization, social exclusion, and crime  

Chris Hale

This chapter considers the debates surrounding the relationships between economic conditions and crime. It examines the links between poverty, inequality, and crime, and discusses concepts such as the underclass and social exclusion. For many, integrating people into work is central to combating social exclusion. At the centre of this debate lie not only matters of power and inequality, but also the need to question the nature of paid work and the position it takes within capitalist society.

Chapter

Cover The Oxford Handbook of Criminology

15. Ethnicities, racism, crime, and criminal justice  

Coretta Phillips, Ben Bowling, and Alpa Parmar

Offending, victimization, policing, the work of the courts, and imprisonment are patterned by differences between different ethnic groups. This chapter explores these long-standing patterns and critically examines the reasons for the often uneasy and conflictual relationship between minority ethnic groups and agents of the criminal justice system. It also interrogates new manifestations of ethnic patterns in crime and the administration of justice, particularly those linked to the global issues of controlling migration and terrorism. Finally, the chapter considers how criminological scholarship has developed in this subfield of race, ethnicity, and crime.

Chapter

Cover The Oxford Handbook of Criminology

23. Social harm and zemiology  

Victoria Canning, Paddy Hillyard, and Steve Tombs

Over the past two decades, Zemiology—the study of social harm—has proliferated internationally. Many scholars and activists alike have come to recognize the limitations of state-centric definitions of crime and shed light instead on many forms of harm which often go unseen and undocumented, and yet can be more far reaching and devastating in impact. This chapter therefore introduces the foundations of the epistemological shift to social harm studies, and the development of Zemiology. It goes on to outline typologies and dimensions of harm and highlights the avoidable and preventable nature of many such harms. Finally, the chapter concludes by considering the centrality of action-oriented research and activism in addressing, mitigating and ultimately preventing the endemic nature of such harms going forward.

Chapter

Cover The Oxford Handbook of Criminology

8. Drug use, drug problems, drug control: A political economy perspective  

Toby Seddon and Alex Stevens

This chapter presents an overview of the phenomenon of illicit drugs and their control. We show that drugs are not just a matter of crime, morality, or health but rather are also a global commodity the use and control of which continue to run along lines shaped by inequalities of geography, wealth and power. Viewing the drug problem through the lens of political economy, and in global and historical perspective, provides a clearer view of the issue. It allows us to see how some facets of the problem are exaggerated (e.g. crime and health harms) whilst others are under-stated (e.g. pleasure, harms to producer countries in the Global South). It also sheds new light on why some policy approaches and interventions continue to fail and why others may be more promising. Lastly, the prospects for radical alternatives to prohibition through drug law reform are considered.

Chapter

Cover The Oxford Handbook of Criminology

8. Ethnicities, racism, crime, and criminal justice  

Coretta Phillips and Ben Bowling

Offending, victimization, policing, the work of the courts, and imprisonment are patterned by differences between different ethnic groups. This chapter explores these long-standing patterns and critically examines the reasons for the often uneasy and conflictual relationship between minority ethnic groups and agents of the criminal justice system. It also interrogates new manifestations of ethnic patterns in crime and the administration of justice, particularly those linked to the global issues of controlling migration and terrorism. Finally, the chapter considers how criminological scholarship has developed in this subfield of race, ethnicity, and crime.

Chapter

Cover Medical Law

2. The Provision of Healthcare Services: The NHS, Resource Allocation, and Public Health  

This chapter examines the provision of health care services. It first considers the way in which NHS services are commissioned. Secondly, it covers the issue of resource allocation, including the special issues raised by rationing in a pandemic. It examines different rationing strategies, and considers the role of the National Institute of Health and Care Excellence, and the use of judicial review to challenge funding decisions. Finally, it examines public health law, and role of the state in encouraging healthy behaviour and addressing health inequalities.

Chapter

Cover Contract Law

20. Unconscionability and Inequality of Bargaining Power  

This chapter considers a group of cases, such as those concerned with unconscionable bargains, in which the courts have been asked to grant relief on the basis that the contract concluded between the parties was, in some way, unfair, outlining examples drawn both from the common law (including equity) and from statutes. The rise and fall of a doctrine of inequality of bargaining power is also noted. It then considers the arguments in favour of drawing these disparate cases together into one general doctrine and concludes by drawing on some academic reflections on the case-law and the role of fairness in the law of contract more generally.

Chapter

Cover The Oxford Handbook of Criminology

14. Demystifying hate crime in an age of crises  

Neil Chakraborti and Amy Clarke

This chapter examines the extent of hate crimes in the age of crises. It acknowledges how the concept of hate crime is notoriously complex and contested. The continued rise of hate incidents paints a worrying picture of seemingly legitimized hostile and prejudiced attitudes rooted within wider structural inequalities. Even though ne and physical hostility is normalized, legitimized, and politically weaponized, there is a deafening silence from national governments when it comes to addressing the underlying causes of hate crime. The chapter considers the complex realities of perpetration and victimization in an effort to improve responses to hate crime in times of increasing fragility and uncertainty.

Chapter

Cover Medical Law and Ethics

2. The Structure of the National Health Service and the Rationing of Healthcare Resources  

This chapter examines the structure of the National Health Service (NHS) and some of the key issues facing those dealing with its management. Topics discussed include policymaking and central planning in the NHS; quality control; commissioning and planning services; the provision of services; structural issues; rationing; health inequalities; the General Medical Council; and efforts to control infectious diseases and prevent illness. The chapter also discusses the complex issue of the rationing of healthcare resources. The case law on the topic is set out and there is a consideration of the ethical issues which are raised when decisions need to be made about who gets medical treatment.

Chapter

Cover The Politics of the Police

6. A fair cop? Policing and social justice  

Benjamin Bowling, Robert Reiner, and James Sheptycki

This chapter examines fairness in policing with reference to issues of race and gender. It first defines the terms of debate—justice, fairness, discrimination—then considers individual, cultural, institutional, and structural theories and applies these to various aspects of policing. It considers the histories of police discrimination in relation to the policing of poverty, chattel slavery, racial segregation, colonialism, religious conflict, and ethnic minority communities, to understand their contemporary legacy. The chapter then examines spheres of police activity where allegations of unfairness and discrimination are particularly salient, including the response to women crime victims of rape and domestic violence, the use of ‘racial profiling’ in stop and search powers, and the use of deadly force. It examines the experiences of people from ethnic minorities, women, gay men, and lesbians within police forces. Through an exploration of the historical and contemporary literature, the chapter draws conclusions on whether or not the police act fairly in democratic societies.

Chapter

Cover Sanders & Young's Criminal Justice

10. Inequalities and criminal justice  

This chapter pulls together some of the issues mentioned in earlier chapters through a specific lens of inequality. The chapter highlights key areas of inequality in the criminal process by focusing on class, race and sex, but identifies intersections with a broader range of marginalised populations where information exists (and points to the need for research where the information does not yet exist). It discusses what we mean by inequality; key areas in which inequality in relation to class, race and sex manifest and intersect; inequity manifested in the criminal law; inequality as it manifests in policing; inequality as it manifests through sentencing; inequality experienced by victims; hate crimes; and ways that inequality could be reassessed and evaluated through discourses of rights and belonging.

Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

2. Some Factors Affecting Modern Contract Law  

M P Furmston

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.

Chapter

Cover Introduction to Company Law

4. Markets and The Shareholders As A Class  

This chapter analyses the way in which company law shapes two important markets—the market for executives and the market for corporate control—in the hope of addressing the agency problems identified in Chapter 1. Both sets of rules are controversial. The rules on executive pay make use of independent directors on remuneration committees and various forms of ‘say on pay’ to structure executive remuneration. But they have been criticised for not robustly linking pay to performance and for setting pay at socially unacceptable levels. The rules on the market for corporate control, set out mainly in the Takeover Code, contain a very strong version of the non-frustration rule, making it difficult for incumbent managers to defend themselves against unwelcome bidders. Here, it is heavily debated whether the rule promotes managerial efficiency or encourages ‘short termism’.

Chapter

Cover Jones & Sufrin's EU Competition Law

8. Competition, the State, and Public Undertakings: Article 106 TFEU  

This chapter examines how competition law applies to the actions of the State when it intervenes in the market through undertakings which it controls or owns or which it places in a privileged position. The discussion includes the principle of Union loyalty in Article 4(3) TEU; Article 106(1); Article 106(2); and the Commission’s supervisory and policing powers in Article 106(3). Article 106(1) is a prohibition addressed to Member States against enacting or maintaining in force any measure in relation to public undertakings or undertakings to which they have granted special or exclusive rights which are contrary to the Treaty rules. The chapter discusses what is meant by ‘public undertakings’ and ‘special or exclusive rights’ and examines in the light of the case law what measures are forbidden by Article 106(1), including those involving the cumulation of rights, the extension of a dominant position from one market to another, and the creation of situations of inequality of opportunity. Article 106(2) gives a limited derogation from Article 106(2) to undertakings entrusted with the operation of services of general economic interest (SGEIs). The chapter discusses the concept of ‘services of general economic interest’ and examines the cases in which the derogation has been applied or not applied, including the application of Article 106(2) to compensation for the provision of SGEIs which constitutes State aid. The chapter also considers Article 106(3) and the question of the direct effect of Article 106(1) and (2).

Chapter

Cover Jones & Sufrin's EU Competition Law

8. Competition and the State: Article 106 TFEU  

Alison Jones, Brenda Sufrin, and Niamh Dunne

This chapter examines how competition law applies to the actions of the State when it intervenes in the market through undertakings which it controls or owns or which it places in a privileged position. The discussion includes the principle of Union loyalty in Article 4(3) TEU; Article 106(1); Article 106(2); and the Commission’s supervisory and policing powers in Article 106(3). Article 106(1) is a prohibition addressed to Member States against enacting or maintaining in force any measure in relation to public undertakings or undertakings to which they have granted special or exclusive rights which are contrary to the Treaty rules. The chapter discusses what is meant by ‘public undertakings’ and ‘special or exclusive rights’ and examines in the light of the case law what measures are forbidden by Article 106(1), including those involving the cumulation of rights, the extension of a dominant position from one market to another, and the creation of situations of inequality of opportunity. Article 106(2) gives a limited derogation from Article 106(2) to undertakings entrusted with the operation of services of general economic interest (SGEIs). The chapter discusses the concept of ‘services of general economic interest’ and examines the cases in which the derogation has been applied or not applied, including the application of Article 106(2) to compensation for the provision of SGEIs which constitutes State aid. The chapter also considers Article 106(3) and the question of the direct effect of Article 106(1) and (2).