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Chapter

Cover An Introduction to Tort Law

4. Causation  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter discusses the issue of causation. Damages are due to the victim only if the harm was due to the tortfeasor. The harm must be the effect of the defendant's misconduct and causation must be established. The principal question to ask in matters of causation is: Did the breach of duty contribute to the occurrence of the harm? At all costs one must avoid the easy supposition that a result can have only one cause, or that one must seek out the ‘main’ cause, relevant though this may be in claims under an insurance policy. The chapter also identifies three ways that the law lets a defendant off the hook even though the harm would not have occurred but for his negligence. These are the rules of remoteness, intervention, and purpose.

Chapter

Cover Family Law

12. Child Protection: Care, Supervision, and Adoption  

This chapter looks at what happens in issues of child protection when compulsory intervention in the form of care or supervision applications is needed. It considers the legal tests, the processes, and the practicalities involved in proceedings and decisions about what should happen after intervention. For intervention to take place, the local authority must satisfy the court that the child in question is suffering or likely to suffer significant harm attributable to their care or to them being beyond parental control. As far as the court is concerned, the best interests of the child are paramount. The court has to consider all realistic options for the child's future.

Chapter

Cover The Oxford Textbook on Criminology

30. Alternatives to punishment  

This chapter evaluates the alternative means of responding to offenders and their crimes which have emerged in criminal justice and have been gaining wider recognition. Those who favour innovations of this kind tend to reject conventional assumptions and approaches, proposing new principles for the operation of the justice system. The chapter considers two distinct but similar challenges to conventional models of justice which have developed from this viewpoint: restorative justice and diversion. Restorative justice is based on the presumption that dealing with crime is a process rather than a single act or decision, that it involves collaboration between those with a stake in the offence, and that it emphasises healing as well as ‘putting things right’. Diversionary interventions, which can include community service, restitution, and education, as well as elements of restorative practice, provide an opportunity for the offender to avoid criminal charges or formal judicial processes, albeit sometimes by meeting certain conditional requirements.

Chapter

Cover Understanding Deviance

13. Public Criminology:  

Theory and Policy

This chapter examines the implications of theories of crime and deviance for public policy and practice. It first considers why criminologists devote few of their resources to political activity in general and the making of public policy in particular, with emphasis on the issues of role-definition, translatability, and salience. It then turns to some theoretical perspectives about the relationship between deviance and social policy, focusing on the work of the Chicago School of Sociology as well as functionalist theories, anomie theory, and the projects that put forward a theory based on a detailed analysis of the links between crime, delinquency, and social structure. It also looks at the work of Thomas Mathiesen in the field of a critical criminological penal reform project that advocates abolitionism. The chapter concludes with a discussion of public criminology.

Chapter

Cover Koffman, Macdonald & Atkins' Law of Contract

16. Unconscionability and unfairness  

This chapter is concerned with unconscionability, good faith, and inequality of bargaining power. It is often stated that there are no such general doctrines in English Law. Concerns about uncertainty clearly play a part in this, and there is a tension between freedom of contract and intervening in the bargain reached by the parties on the basis of its substantive unfairness. There has, of course, been legislative intervention in relation to the use of unfair exemption clauses and unfair terms, more generally, in the consumer context (see Chapters 10 and 11) and, before such legislation, in particular, judges were prepared to manipulate common law rules on incorporation and construction (see Chapter 9) to deal with unfairness. This chapter principally deals with cases in which the courts have intervened in a contract, or refused to enforce it, where one party had some weakness in his or her position, in relation to the other, and that other has gained unduly advantageous terms. Whether there is a duty to act in good faith, implied or otherwise, in light of recent case law such as Bates v Post Office, is also explored.

Chapter

Cover The Oxford Handbook of Criminology

20. Understanding and rehabilitating men with sexual convictions: Theory, intervention, and compassion  

Nicholas Blagden and Belinda Winder

This chapter explores the theory, intervention, and compassion to understand and rehabilitate men under sexual convictions. It examines some of the statistics and trends around sexual offending before considering the heterogeneity and severity of sexual offences. People with sexual convictions are a heterogeneous group often with complex needs and trauma histories. Thus, compassionate criminology recognizes the trauma frequently experienced by those with sexual convictions while advocating the intervention to focus on values, strengths, compassion, and other factors significant for human flourishing. Moreover, compassionate criminology aims to reduce harm and sexual victimization by allowing an opportunity for repair. The chapter considers the experience of imprisonment and the efficacy of intervention.

Chapter

Cover The Oxford Handbook of Criminology

27. Crime prevention as urban security  

Adam Adam, Susan Donkin, and Christine A. Weirich

This chapter reviews the learning and accumulated research evidence that has developed over the last 40 years or so with regard to crime prevention, community safety, and urban security. It begins by tracing the historic emergence of the modern ‘preventive turn’, its evolution and institutionalization within the UK, across successive waves of development. In doing so, it highlights three broad periods of change which are characterized as: the ‘early years’ of innovation and experimentation (from the late 1970s to the early 1990s); the period marked by ‘expansion and elaboration’ informed by infrastructure building and the opening up of crime prevention to incorporate wider features of community safety and perceptions of insecurity (the late 1990s to 2010); and ‘fragmentation and retrenchment’ marked by austerity and the rise of vulnerability as an organizing focus for service provision (2010 to the present). It situates the British experience in the wider context of Europe with a particular focus on urban policies, city-level strategies and delivery through multi-sectoral partnerships. This comparative framing helps to understand the particular British experience, its development, trajectories, persisting fault-lines and future challenges. Consideration is given to some of the recurring challenges that feature both across time and across jurisdictions. In particular, the question of institutional responsibility for prevention and the dissonance between the research knowledge base and contemporary policy and practice are explored.

Chapter

Cover International Law Concentrate

11. Use of force  

This chapter examines under what circumstances States may use armed force under customary international law and Arts 2(4) and 51 UN Charter. After noting that the use of armed force is generally prohibited and only limited to self-defence, and then only if the target State is under an armed attack, we show that several States have expanded the notion of armed attack. Besides self-defence, the United Nations Security Council may authorize the use of armed force through a process of collective security. Several examples of collective security are offered, as well as the ICJ’s position on what constitutes an armed attack. In recent years, the range of actors capable of undertaking an armed attack has included terrorists. Moreover, the development of the doctrine of the responsibility to protect is a significant achievement.

Chapter

Cover International Law

20. The Use of Force and the International Legal Order  

Christine Gray

This chapter examines the law on the use of force. It discusses the UN Charter scheme; the Prohibition of the Use of Force in Article 2(4) of the UN Charter; intervention, civil wars, and invitation; self-defence; the use of force under Chapter VII of the UN Charter; UN peacekeeping; and regional action under Chapter VIII of the UN Charter. The UN Charter provisions on the use of force by States, Article 2(4) on the prohibition of force, and Article 51 on self-defence, have all caused fundamental divisions between States. There is disagreement as to whether the prohibition on force should be interpreted strictly or whether it allows humanitarian intervention, as in Kosovo. There is also disagreement over the scope of the right of self-defence. The response to the 9/11 terrorist attacks has led to a fundamental reappraisal of the law in this area.

Chapter

Cover Banking Law and Regulation

10. Structural regulation  

Iris Chiu and Joanna Wilson

This chapter examines structural regulation and reform in the UK. Structural reforms refer to direct regulatory intervention into a bank’s business structure. This applies particularly to large banking groups in the UK. In brief, large banking groups in the UK may be compelled by regulation to restructure themselves for the purposes of preserving key economic functions that are socially important while maintaining their competitive edge. Although structural reforms are aimed first and foremost at containing systemic risk and improving the resolvability of banks, these reforms may also go some way towards changing the culture of banks, especially retail banks, so that the conduct of retail banks may be more aligned with the public interest in their social utility functions. The chapter then considers other options in structural reforms, which include the Volcker Rule implemented in the US as well as the superseded Glass–Steagall Act.

Chapter

Cover Mason and McCall Smith's Law and Medical Ethics

1. Medical Ethics and Medical Practice  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter discusses the following: the ethical basis for the practice of medicine; the organisation of modern medicine; the importance of the relationship between the medical profession and the public; legal intervention in medicine; and the doctor’s position.

Chapter

Cover The Oxford Textbook on Criminology

29. Rehabilitation of offenders  

This chapter examines the rehabilitation of offenders. Much discussion of crime and criminality focuses on the culpability of the offender, the management and control of crime, and the nature and legitimacy of punishment. However, there is another strand of criminological inquiry (and practice) which is more concerned with understanding offenders, appreciating ‘what makes them tick’, and seeking out tools and methods for reintegrating them into society as conventional law-abiding citizens. In effect, such approaches are concerned with identifying the causes and consequences of criminal behaviour and developing interventions which will enable offenders to change their behaviours and thought processes to enable them to take advantage of legitimate opportunities and to live decent lives. The chapter explores some of the beliefs and assumptions which underlie this kind of approach to crime and criminality. It considers some of the implications in terms of criminal justice practices and evaluates the outcomes of rehabilitative approaches. Finally, the chapter reflects on some of the limitations of this perspective on crime, both empirically and theoretically.

Chapter

Cover The Oxford Handbook of Criminology

27. Developmental and life-course criminology: innovations, impacts, and applications  

Lesley McAra and Susan McVie

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.

Chapter

Cover International Law

16. The Responsibility to Protect  

Spencer Zifcak

This chapter discusses the responsibility to protect, which has become the primary conceptual framework within which to consider international intervention to prevent crimes against humanity; it provides the background to the new doctrine’s appearance with a survey of the existing law and practice with respect to humanitarian intervention. It traces the doctrine’s intellectual and political development both before and after the adoption of the World Summit resolutions that embodied it. Debate about the doctrine has been characterized by significant differences of opinion and interpretation between nations of the North and the South. In that context, the chapter concludes with a detailed consideration of the contemporary standing of the doctrine in international law.

Chapter

Cover International Law

13. The international regulation of the use of force  

This chapter discusses the regulation of when and for what purpose a state may use force against another state jus ad bellum. It provides an overview of the legal framework in the 1945 UN Charter. It analyses the content of the prohibition on the use of force in article 2(4) of the Charter; discusses the competences of the UN Security Council; and examines the right to self-defence. The Security Council is entrusted with primary responsibility for the maintenance of international peace and security and, under Chapter VII of the Charter, the Council may authorize the use of force if required to maintain and/or restore the peace. Article 51 of the Charter allows a state to defend itself in the case of armed attack.

Chapter

Cover Hayes & Williams' Family Law

10. Children needing services, care, and protection  

This chapter examines the relationship between children, parents, and the state, looking at how the law responds to children needing services, care, and protection. Topics discussed include: Part III of the Children Act 1989; the threshold for compulsory intervention in family life based on the concept of ‘significant harm’; protecting children in an emergency; care and supervision orders; the local authority’s care plan and respective roles of the local authority and court; and discharge of care orders.

Chapter

Cover International Law

14. The use of force and collective security  

This chapter looks at the use of force and collective security. Today, the United Nations Charter embodies the indispensable principles of international law on the use of force. These include the prohibition on the unilateral use of force found in Article 2(4), and the recognition of the inherent right of all States to use force in self-defence found in Article 51. Finally, under Chapter VII, a collective security system centred upon the Security Council was established for the maintenance of international peace and security. A key debate over the scope of Article 2(4) is whether a new exception has been recognized which would allow the use of force motivated by humanitarian considerations. It is argued that these ‘humanitarian interventions’ would allow a State to use force to protect people in another State from gross and systematic human rights violations when the target State is unwilling or unable to act.

Chapter

Cover Business Law

9. Statutory regulation of contracts  

This chapter studies the features of legally binding contracts by examining the manner in which the terms of a contract are regulated through statutory intervention. Such legislative measures have come about as a response to the unequal bargaining positions of consumers as contracting parties in business contracts, and the idea that laissez-faire can be contrary to public policy and fairness, for example with certain exclusion clauses. Some examples include statutes such as the Consumer Rights Act 2015 and the Sale of Goods Act 1979 that imply terms into contracts, and the Unfair Contract Terms Act 1977 that regulates the parties’ use of exclusion clauses. This protects the weaker party to a contract from exploitation and provides minimum rights that may not be waived.

Chapter

Cover Cassese's International Law

3. The Fundamental Principles Governing International Relations  

Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà

This chapter discusses the fundamental principles governing international relations. The principles represent the fundamental set of standards on which States are united and which allow a degree of relatively smooth international dealings. They make up the apex of the whole body of international legislation. They constitute overriding legal standards that may be regarded as the constitutional principles of the international community. These principles are: the sovereign equality of States; the principle of non-intervention in internal affairs; the prohibition of the threat or use of force; peaceful settlement of international disputes; the duty to co-operate; the principle of good faith; self-determination of peoples; respect for human rights; and the prevention of significant environmental harm. The discussions then turn to the distinguishing traits of the fundamental principles and the close link between the principles and the need for their co-ordination.

Chapter

Cover Family Law

12. Child Protection  

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 law on state intervention into family life where a child is considered to be ‘in need’ or at risk of significant harm. It discusses the competing approaches to state intervention and the principles underpinning the Children Act (CA) 1989; the legal framework governing local authority support for children in need under Part III of the CA 1989 and the Social Services and Well-Being (Wales) Act 2014; the law and procedure regulating compulsory intervention into family life by means of care proceedings under Part IV; and the various emergency and interim measures available to protect a child thought to be at risk of immediate harm.