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Chapter

Cover McCoubrey & White's Textbook on Jurisprudence

8. Governing and Obedience  

J. E. Penner and E. Melissaris

This chapter explores how the philosophy of law meshes with political philosophy more generally, and considers three questions. First, is there a duty on those who have the power to govern, to do so, and if so, what sort of duty is it? Second, for those who take up the position of governors, what gives them the right to rule over others? Finally, the chapter asks whether the subjects of the law have a general moral obligation to obey the law.

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 Essential Cases: Public Law

Re Resolution to Amend the Constitution of Canada [1981] 1 SCR 753, also known as the Patriation Reference, Supreme Court of Canada  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Resolution to Amend the Constitution of Canada [1981] 1 SCR 753, also known as the Patriation Reference, Supreme Court of Canada. This case considers the identification of constitutional conventions using the Jennings test, and the legal enforceability of conventions. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

Re Resolution to Amend the Constitution of Canada [1981] 1 SCR 753 Supreme Court of Canada (also known as the Patriation Reference)  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Resolution to Amend the Constitution of Canada [1981] 1 SCR 753, Supreme Court of Canada (also known as the Patriation Reference). This case considers the identification of constitutional conventions using the Jennings test, and the legal enforceability of conventions. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Criminology

19. The politics of law and order  

Marian FitzGerald and Chris Hale

This chapter traces the breakdown in the consensus among political parties that decision making within the criminal justice system should appear to be ‘above politics’ and considers the ways in which crime became an increasingly contested arena of political competition. The discussions cover the politics of law and order in the UK since 1945, and during the periods 1945–70, 1970–92, and post-1992.

Chapter

Cover Environmental Law

10. Environmental Law in the Legal Culture of the United Kingdom  

This chapter is an overview of the legal cultures within the UK as they relate to environmental law. The focus here is on England, but the scope of analysis is across the UK and includes discussion of the devolved regions. The purpose of the chapter is to give the reader not only a general overview of the main features of these cultures but also to highlight much of its complexity. In particular, the uniqueness of much of UK environmental law means that one must be wary of transplanting ideas and assumptions about environmental law from other jurisdictions. The chapter thus begins with a basic discussion of legal culture.

Chapter

Cover McCoubrey & White's Textbook on Jurisprudence

10. The Legal and Political Philosophy of Thomas Hobbes  

J. E. Penner and E. Melissaris

This chapter explores the legal and philosophy of Hobbes. It covers foundational assumptions; ‘man’s natural condition’ or the state of nature; exit from the state of nature and entry into the civil condition; the social contract; the sovereign’s powers and the form and content of government and law; and whether Hobbes’s political philosophy is liberal and suitable for our times.

Chapter

Cover McCoubrey & White's Textbook on Jurisprudence

13. Marxist and Post-Marxist Theories of Law  

J. E. Penner and E. Melissaris

This chapter first reviews some fundamental tenets of Marxist social and political theory, and then outlines some of the ways in which the place of law has been conceptualised in Marxist theory. This is followed by a discussion of an account of law that is heavily influenced by Marx, namely the critical legal studies movement.

Chapter

Cover Jacobs, White, and Ovey: The European Convention on Human Rights

19. Freedom of Assembly and Association  

This chapter examines the provisions for freedom of assembly and association in the European Convention on Human Rights, and discusses the provisions of Article 11, which covers the protection of political parties, other associations, and a bundle of trade union rights. It explains that the case-law under Article 11 can be divided into two categories: the first is concerned with political or democratic rights; and the second relates to the employment-based rights to join, or refuse to join, a trade union. It examines developments concerning the right to protest and trade union rights such as collective bargaining.

Book

Cover Public Law

Mark Elliott and Robert Thomas

Public Law is an advanced text that comprehensively covers the key topics in the field of public law. The book presents an analysis of the law and institutions of public law, and places the legal issues within the wider socio-political context within which the constitution operates. Three key themes that permeate the content allow readers to approach the subject in a structured way. The key themes are the significance of executive power in the contemporary constitution and the challenge of ensuring that those who wield it are held to account, the shift in recent times from a political to a more legal constitution and the implications of this change, and the increasingly ‘multilayered’ character of the British constitution.

Book

Cover Constitutional Law, Administrative Law, and Human Rights
Constitutional Law, Administrative Law, and Human Rights provides an in-depth cross disciplinary introduction to the subject of public law, covering the core elements of a constitutional and administrative law syllabus. In addition, it explores the latest ongoing debates around potential constitutional reforms. The book draws heavily on historical sources and on ideas from political science and political theory as well as legal and social history. It also includes detailed coverage of the UK’s proposed departure from the European Union after the 2016 referendum and the subsequent Miller litigations, as well as the negotiations on the terms of departure. It looks at the polarised positions of ‘soft brexit’ and ‘hard brexit’ and examines what brexit might actually mean for the United Kingdom.

Chapter

Cover The Oxford Handbook of Criminology

5. Political economy, crime, and criminal justice  

Robert Reiner

Trends and patterns in crime and criminal justice are shaped by variations in the overall structure of different political economies. The macro trends in political economy are mediated by varying institutional and cultural factors and, in turn, these feed down into more local neighbourhood and family patterns and ultimately the psychology of different individuals. Whilst there is an element of choice in the commission of crime, this operates in conditions that are influenced by micro, meso, and macro structures. The chapter analyses the history of political economy as a perspective in criminological theory, as well as how crime and criminal justice vary over time and space between different political economies, in particular social democratic and neoliberal ones.

Chapter

Cover Human Rights Law Directions

25. Article 3 of the First Protocol: right to free elections  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter deals with Article 3 of the First Protocol which imposes on states a duty to hold elections. At the heart of Article 3 is the view that the best way to uphold human rights is through upholding an ‘effective political democracy’. Human rights require states to respect various rights and freedoms that are necessary for any system if it is to be democratic. Though Article 3 of the First Protocol appears to provide only a collective right to fair elections, it has been interpreted to also provide for individual rights to vote, to stand, and to sit, if elected. Article 3 does not, however, provide wide rights to participate in political processes. Its scope is confined to elections for ‘the legislature’, which do not include local elections or referendums. The controversy over prisoners’ voting rights is discussed in this chapter.

Chapter

Cover EU Law

24. Citizenship of the European Union  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter reviews EU citizenship law. It considers the rights of free movement and residence of EU citizens, political rights of citizenship, and Directive 2004/38 on the rights of free movement and residence for EU citizens and their families. The status of EU citizenship created by EU law has been criticized on various grounds, including the thinness of the rights created and their economic focus, the conditions to which they are subject, the reinforcement of the distinction between third-country nationals and EU nationals, the limited impact of the new electoral rights, and the reluctant pace of implementation. On the other hand, the legal rights of citizenship have been expanded by the European Court of Justice, even in the face of vocal Member State opposition. The case law in this area continues to develop and the chapter provides a considered evaluation of this difficult body of law. The UK version contains a further section analysing issues concerning EU conceptions of citizenship and the UK post-Brexit.

Chapter

Cover Concentrate Questions and Answers Public Law

1. Introduction  

This chapter advises on how to approach the subject of Public Law and deal with typical exam questions. Public law differs from the other compulsory law subjects in that much is not really law at all, and therefore calls for different skills in the student. To understand public law properly it helps to have some knowledge of current affairs and politics. Public Law is sometimes called constitutional and administrative law, because it looks at both the constitution of the country and the law that regulates the administration. The chapter contains advice on how to answer a problem question using Issue, Relevant Law, Application to the Facts, and Conclusion (IRAC) and how to answer an essay question using Point, Evidence, and Argument (PEA). Preparation for examinations is also covered. When writing an essay, it is best for students to do a rough plan first, listing the main points that they intend to cover. For a problem question, they might also include a list of the main cases. In this subject, it is important to remember that there is no right answer to an exam question, but there is a right way to approach it.

Chapter

Cover Sentencing and Punishment

3. Determining ‘just deserts’  

Seriousness and proportionality are key concepts in the ‘just deserts’ approach to sentencing which was endorsed by the Criminal Justice Act 1991. This chapter analyses the extent to which this framework based on retributivist principles has been undermined by subsequent changes in legislation. It examines law and guidance on constructing seriousness, particularly in relation to harm and culpability, and on determining a commensurate sentence. Throughout it refers to the Sentencing Code (referring to the Sentencing Act 2020 when we are explaining how changes occurred) and illustrates issues by using examples from recent guidelines, focusing discussion on custodial sentencing. Finally, it discusses criticisms of modern retributivism from a range of standpoints, including Marxian perspectives.

Chapter

Cover EU Law

24. Citizenship of the European Union  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter reviews EU citizenship law. It considers the rights of free movement and residence of EU citizens, political rights of citizenship, and Directive 2004/38 on the rights of free movement and residence for EU citizens and their families. The status of EU citizenship created by EU law has been criticized on various grounds, including the thinness of the rights created and their economic focus, the conditions to which they are subject, the reinforcement of the distinction between third-country nationals and EU nationals, the limited impact of the new electoral rights, and the reluctant pace of implementation. On the other hand, the legal rights of citizenship have been expanded by the European Court of Justice, even in the face of vocal Member State opposition. The case law in this area continues to develop and the chapter provides a considered evaluation of this difficult body of law. The UK version contains a further section analysing issues concerning EU conceptions of citizenship and the UK post-Brexit.

Chapter

Cover The Oxford Handbook of Criminology

32. Youth justice in an age of uncertainty: principles, performance, and prospects  

Lesley McAra

This chapter explores the principles, operational functioning, and impacts of the institutions which have evolved across the four nations in the United Kingdom to deal with children and young people who come into conflict with the law. A key aim of the chapter is to assess the social, political, and cultural conditions necessary to sustain more progressive approaches to youth justice, predicated on the best interests of the child. The chapter begins with a critique of the evolving normative framings of youth justice, both in terms of the international standards to which UK systems avowedly adhere and the shifting conceptual underpinnings of research and policy debates on young people who come into conflict with the law. It then explores the recent history of policy transformation across the four UK nations, a story of both divergent and convergent dynamics. Following this, the chapter considers the disjuncture which research has found between the ambition osentencf policy and the cultural practices of institutions which make up the youth justice system, highlighting a persistent tendency to recycle a client group of young people who are mostly poor, known to systems from an early age and disproportionately from Black and Minoritized Ethnic groups. The final part of the chapter offers some reflections on the futures of youth justice in a time of multiple and intersecting crises, and what needs to be done now to nurture and support children and young people: a holistic and generative approach to justice.

Chapter

Cover The Oxford Handbook of Criminology

35. The punishment-welfare relationship: history, sociology, and politics  

David Garland

The relationship between ‘punishment’ and ‘welfare’ is by now a well-established topic of theory and research in historical, sociological, and comparative studies of punishment. In recent years that relationship—and in particular the balance between penal and welfare approaches—has also become a focal point for social movements working to transform criminal justice, and more generally for activists seeking to shift power and resources away from police and prisons towards social service and public health approaches to crime control. This chapter discusses the punishment-welfare relationship as a matter of history, sociology, and comparative social policy, summarizing what we know, identifying promising lines of research, and commenting on key areas of contention. As a theoretical matter, it is argued that future research ought to view penal and welfare policies in relation to the underlying social problems these policies purportedly address and also in relation to the larger social and economic structures that shape these social problems and the policies that deal with them. By way of political commentary, some considerations are noted that should be borne in mind by activists pressing for a wholesale shift from penal to welfare modes of crime-control.

Chapter

Cover The Oxford Handbook of Criminology

7. Urban criminal collaborations  

Alistair Fraser and Dick Hobbs

This chapter examines a range of criminological classifications for urban criminal groups, covering both youthful and adult-oriented collaborations. The chapter provides a critical overview of the following categorizations: gangs; subcultures; professional crime; the underworld; and organized crime. Debates relating to each are introduced. While criminological approaches to youthful groups have a clear history, from the ‘Chicago School’ to the ‘Birmingham School’, perspectives on adult groups are less solid and more interdisciplinary. In both cases, the chapter argues that criminological classifications have struggled to capture the complexities brought on by the changing nature of the urban political economy. The chapter concludes by introducing a critical perspective that problematizes criminological categorizations of urban criminal collaborations.