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Chapter

Cover Understanding Deviance

5. Anomie and Strain Theory  

This chapter examines the role of anomie theory in the sociology of crime and deviance. It begins by discussing Émile Durkheim’s theory of anomie before turning to Robert Merton’s Americanization of anomie, and how sociologists adapted the basic Mertonian schema and modes of adaptation, such as innovation, to explain rising rates of crime under conditions of growing prosperity but persistent inequality. It then considers the contribution of anomie to the development of post-war theories of strain, as well as the questions raised by anomie theory, particularly as the underlying concern in theories of crime, modernization, and development. It also looks at the decline in social capital that has raised concerns about the pace and direction of social and economic change, citing two major works: Robert Putnam’s Bowling Alone (2000) and Richard Sennett’s The Corrosion of Character: The Personal Consequences of Work in the New Capitalism (1998).

Chapter

Cover Introduction to the English Legal System

11. Transformation or transition? The English legal system in flux  

The final chapter of this book reflects further on how the legal system has changed and will continue to develop going forwards. The dramatic changes that have been made over the past 20+ years are grouped under two broad headings: modernization and austerity. Looking to the future, the immediate challenge is to finish the Transformation Programme and to deal with the impact of the COVID-19 pandemic. Other issues include: dealing with the criminal justice system; increasing support for legal advice services; and improving public legal education. The chapter argues that lawyers should not fear change, but exploit the opportunities that arise.

Chapter

Cover Jones & Sufrin's EU Competition Law

2. The Competition Law and Institutions of the European Union  

Alison Jones, Brenda Sufrin, and Niamh Dunne

This chapter sketches the history and functions of the EU and its institutions in order to set the EU competition rules in context. It then describes the competition provisions themselves and outlines the way in which the rules are applied and enforced, including the public enforcement of Articles 101 and 102 under Regulation 1/2003, the control of mergers with a European dimension under Regulation 139/2004, public enforcement by the national competition authorities of the Member States, and the role of private enforcement. It discusses the position and powers of the European Commission, particularly the role of the Competition Directorate General (DG Comp); the powers of the EU Courts; the significance of fundamental rights and the general principles of EU law in competition cases; the application of competition rules to particular sectors of the economy; and the application of the EU rules to the EEA.

Book

Cover A Practical Approach to Civil Procedure
A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation, the importance of alternative dispute resolution processes, issuing and serving proceedings, case management, and through to trial, enforcement, and appeal. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment) Rules 2022 and the 144th Update. Changes incorporated into the new edition include: • Replacement rules on acknowledging service • Replacement rules on default judgment • New track allocation rules for road traffic accident claims • Case law developments on Qualified One-Way Costs Shifting • New Supreme Court decision on limitation • Revised PD 51U on disclosure of documents in the Business and Property Courts • Case law developments on privilege • Recent developments on seeking permission to appeal • Measures to assist vulnerable parties and witnesses • Developments on search orders and case law on imaging orders • End of the Siskina rule in relation to interim injunctions and freezing orders • Broad Idea v Convoy Collatera and its impact on freezing injunctions

Chapter

Cover Jones & Sufrin's EU Competition Law

2. The Competition Law and Institutions of the European Union  

This chapter sketches the history and functions of the EU and its institutions in order to set the EU competition rules in context. It then describes the competition provisions themselves and outlines the way in which the rules are applied and enforced, including the public enforcement of Articles 101 and 102 under Regulation 1/2003, the control of mergers with a European dimension under Regulation 139/2004, public enforcement by the national competition authorities of the Member States, and the role of private enforcement. It discusses the position and powers of the European Commission, particularly the role of the Competition Directorate General (DG Comp); the powers of the EU Courts; the significance of fundamental rights and the general principles of EU law in competition cases; the application of competition rules to particular sectors of the economy; and the application of the EU rules to the EEA.

Chapter

Cover Commercial Law

10. An introduction to the sale of goods  

This chapter discusses the law relating to the sale of goods, which lies at the heart of commercial law and regulates sales of different kinds from domestic retail to cross-border internet transactions. Sale of goods law also lies at the heart of other aspects of commercial law, such as the law of agency, where agents are often appointed solely for the purpose of selling their principal’s goods. Contracts for finance and for insurance are further examples of transactions that often depend on the sale of goods for their entire purpose. It must be noted that a contract of sale is still a contract, even if it has special features. Therefore, all elements for establishing the contract must be present, these being offer, acceptance, consideration, certainty, and the intention to create legal relations.