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Latest news, views, comment, debate and useful links for students and alumni of the OU's law programme, and those with an interest in the legal system

New book: The Business of Human Rights

A new book examines the uneasy relationship between corporate social responsibility and demands for an extension of human rights standards.

The Open University has collaborated with Zed Books to publish The Business of Human Rights. The book is edited by Helen Yanacopulos, Senior Lecturer in International Politics and Development at The Open University, and Aurora Voiculescu, Senior Lecturer in Socio-Legal Studies and Human Rights, University of Westminster.

This timely collection of essays addresses the interface between the calls for corporate social responsibility (CSR) and the demands for an extension of international human rights standards. 

Scholars from a vast variety of backgrounds provide expert yet accessible accounts of questions of law, politics, economics and international relations and how they relate to one another. The book also encourages non-legal perspectives on how businesses operate within and around human rights.

The result is an essential incursion for a wide range of scholars, practitioners and students in law, development, business studies and international studies, in this emerging area of human rights. This book will support students studying W822 Business, human rights law and corporate social responsibility.

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A new book examines the uneasy relationship between corporate social responsibility and demands for an extension of human rights standards. The Open University has collaborated with Zed Books to publish The Business of Human Rights. The book is edited by Helen Yanacopulos, Senior Lecturer in International Politics and Development at The Open University, and Aurora Voiculescu, Senior ...

Module delves into relationships, families and the law

The impact of the law on family life and relationships is examined in a new 30-credit undergraduate module starting this November.

Relationships, families and the law (W224) looks at the law in England and Wales surrounding modern relationships through the use of case studies, such as those of two fictional couples: Jenny and Ben, and Amy and Jacques. These will trace significant life events for the couples when they live together, have children, separate, form new households and experience other changes.

Phil Bates, chair of the module team, said: “There are legal aspects to all of our personal relationships, including unmarried relationships and extended families, as well as marriage and parenthood. Sometimes people are only aware of these legal issues when the relationships end, as a result of divorce, parental separation or the death of a family member.

“In this course, we trace the development of relationships through the case studies, examining the legal issues as they arise, and seeing how the law of England and Wales deals with them.”

The five-month level two module is aimed predominantly at students studying for their LLB but is also of relevance to anyone interested in social work, social policy, health care or family finance.

Students will also consider the law relating to unmarried and married couples, same-sex relationships, extended families and children. Tax, family property and inheritance are also covered in the course. Units within the module include: living together, children and parental responsibility, domestic abuse, separation and divorce, and children and parental separation.

The closing date for registration is 14 Cctober 2010. Click here for more details. 
   




 

The impact of the law on family life and relationships is examined in a new 30-credit undergraduate module starting this November. Relationships, families and the law (W224) looks at the law in England and Wales surrounding modern relationships through the use of case studies, such as those of two fictional couples: Jenny and Ben, and Amy and Jacques. These will trace ...

An interview with human rights campaigner Shami Chakrabarti

Shami Chakrabarti has been Director of Liberty (The National Council for Civil Liberties) since September 2003, having joined Liberty as In-House Counsel on 10 September 2001. She subsequently became heavily involved in the engagement with the ‘War on Terror’ and with the defence and promotion of human rights values in parliament, the courts and wider society. She previously worked as a lawyer in the Home Office from 1996 until 2001. She is also Chancellor of Oxford Brookes University, a Governor of the London School of Economics and the British Film Institute, and a Visiting Fellow of Nuffield College, Oxford.

In 2006 you were nominated for the Most Inspiring Political Figure award. You came second to Jamie Oliver but ahead of Tony Blair. Was it a strange losing to a chef but beating a Prime Minister?

It certainly wasn’t a strange feeling losing to Jamie Oliver. He had just fought his incredibly successful school dinners campaign and clearly caught the imagination of the country. So it was actually quite an honour to come second to him. Coming above politicians is maybe a sign of the times that people are perhaps increasingly sceptical of party politicians, which is not something I celebrate.

You’re a keen supporter of Anglo-American relations: what are your thoughts on the relationship during the Bush era and what sense of change is there in the relationship now Obama is running the country?


I think that the United Kingdom and the United States are great, old democracies, and I fear that during the Bush years, and in particular during the War on Terror, those two great democracies rather let themselves down and became a bad advert, rather than a good advert, for democracy around the world. That said, the great thing about democracies is that they are resilient and capable of correcting themselves. President Obama may disappoint, it would be hard not to given the build-up he has
had, but let’s see what it’s like to work with a United States that wants to work with other countries around the world rather than bossing everyone.

You joined Liberty the day before the 9/11 terrorist attacks. How much do you think that event changed the direction of your role?

You could say that I am blessed with the best or worst timing in history. I can remember coming to work at Liberty the day before 9/11 and thinking what should we do now? What should the priorities of the organisation be? I wonder what lies ahead? To some extent my questions were answered the very next day. We quickly realised that there were going to be some very bad mistakes made in the name of this ill-judged War on Terror. The great potential for sympathy and unity that the democracies could have had at that moment was blown. So I guess the War on Terror became Liberty’s challenge in the immediate aftermath of 9/11 and I guess to some extent we are still feeling the repercussions today. But out of adversity comes opportunity, and whilst it was a terrible moment and terrible mistakes were made afterwards, I think perhaps in Britain we have become a little less complacent about our human rights as a result. We’ve seen how laws passed for one purpose can be so easily used and abused. While that’s all very sad, I think Britain has had a wake-up call out of that dark period, and for civil liberties and human rights maybe something more positive will come.


The OU has a course which examines civil and criminal sanctions; issues raised by human rights legislation, and the concepts of rights and justice – W100 Rules, rights and justice. What advice would you give to students when approaching and critically assessing these issues?

I would say that particularly in the context of human rights but probably in relation to the law generally, you have to remember that the law slots into a wider world of policy and politics. You can’t completely separate the world of the law, law-making and the interpretation of the law from the society in which it sits. So my advice is always remember the political context in which these legal debates occur.

You are Chancellor of Oxford Brookes University. How has this role informed you about the current state of university education and the financial pressures on students?


I have been surprised about how tough it is for students today compared to when how it was when I was a student 20 years ago. The effect of tuition fees and the general tough times that student finance is going through, the general effect of that is very worrying. But it’s also inspiring to see the work that universities are doing, not just for their own students and community but how engaged they are with the local community too.

 

Watch Shami´s 90-second lecture: an introduction to the Human Rights Act:
 

 

Picture by: Gurjit Nahal

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Shami Chakrabarti has been Director of Liberty (The National Council for Civil Liberties) since September 2003, having joined Liberty as In-House Counsel on 10 September 2001. She subsequently became heavily involved in the engagement with the ‘War on Terror’ and with the defence and promotion of human rights values in parliament, the courts and wider society. She ...

Weird cases, a book by Professor of Law Gary Slapper

In 2009 researcher Daniel Bennett sued Leeds University for throwing out what may have been “the largest collection of lizard faeces anywhere in the world”. Bennett said he had amassed the droppings over seven years of jungle field trips.

Meanwhile in Poland, a mother was suing an Egyptian hotel company for causing her 13-year-old daughter’s pregnancy. She claimed the girl had received a “stray sperm” while swimming in the hotel pool.

It’s hard to find a better demonstration of the “truth is stranger than fiction” proposition than Weird Cases, a collection of funny and bizarre turned into a book by Open University Law Professor Gary Slapper. It’s based on the weekly column of the same name which he’s been writing for Times Online since 2007.

The cases, all taken from real life, are divided into themes which include Love and Sex; Food, Drink and Drugs;  Death and Violence; and Pets and Animals. To get some idea of the diversity of the content, you can simply browse the index and ponder entries such as ‘Violence, fruit, with’ and ‘wife auctioned on internet’.

Although it’s hardly a legal textbook, Weird Cases does some feature landmark cases – the Carbolic Smoke Ball, for example – as well as many less distinguished ones. ¬ And it throws a little light on the way laws and principles of justice can be applied in all sorts of situations that were almost certainly never envisaged by their originators. Read on…

  • In 2009 buskers James Ryan and Andrew Cave were given ASBOs at Birmingham Magistrates’ Court for playing the same two songs night after night.
  • In a child custody hearing in New Zealand, the judge decided the parents were guilty of “a form of abuse” for naming their daughter “Talula Does The Hula From Hawaii”.
  • At Luton magistrates’ court, a magistrate’s musical novelty tie switched on just as he was on the point of passing sentence. When his tie had ceased playing “We Wish You a Merry Christmas”, the magistrate jailed the defendant for four months.
  • Three Italian nuns caught speeding at 112 mph said in their defence that they were racing to offer help and prayers to the Pope, who had slipped in his bathroom and broken his wrist.
  • The first person in Britain  prosecuted for speeding was the pioneer of the petrol-engine car, Walter Arnold. On 27 January 1896 he was caught doing 8 mph, four times over the legal limit, by a policeman who pursued him on foot. He was fined one shilling.
  • In Sydney, in 2008, a major drug conspiracy case which ran for 66 days and cost around one million Australian dollars, was aborted when the judge discovered five jurors had been playing Sudoku during the proceedings.
  • The British government conducted two years of global litigation to try and ban Spycatcher, the memoirs of former secret agent Peter Wright. The result was that a book later described by one law lord as “a literary work of almost unparalleled tedium and banality” became a best seller in many countries.


Weird Cases: Comic and Bizarre cases from courtrooms around the world by Gary Slapper is published by Wildy Simmonds & Hill Publishing and available on Amazon.



 

In 2009 researcher Daniel Bennett sued Leeds University for throwing out what may have been “the largest collection of lizard faeces anywhere in the world”. Bennett said he had amassed the droppings over seven years of jungle field trips. Meanwhile in Poland, a mother was suing an Egyptian hotel company for causing her 13-year-old daughter’s pregnancy. ...

Human Rights Act: A 90-second lecture

Human rights campaigner Shami Chakrabarti explains the ins and outs of the Human Rights Act in this 90-second lecture.

Shami Chakrabarti CBE is the director of Liberty, a British pressure group, Chancellor of Oxford Brookes University and an honorary graduate of The Open University. 

 

Human rights campaigner Shami Chakrabarti explains the ins and outs of the Human Rights Act in this 90-second lecture. Shami Chakrabarti CBE is the director of Liberty, a British pressure group, Chancellor of Oxford Brookes University and an honorary graduate of The Open University.   

Good news for democracy - an unusual case

The Romanian Constitutional Court quashed an attempt by the legislature to make the news media broadcast equal measures of good and bad news.

Politicians in Romania said that too much bad news was being reported and it was bringing people down. Bemoaning the negative effects of bad news on “the health and life of the people”, they successfully put a law through the Romanian senate that required radio and television companies to broadcast one good news story for every bad news story.

The law was sponsored by senators from the National Liberal Party and the far-right Great Romania Party and passed by the Romanian senate. What was needed, the politicians enthusiastically agreed, was less news about depressing things such as incompetent politicians and more news about cheery things.

They legislated that the National Audiovisual Council would need to judge what was positive news and what was negative news. The chairman of the council, though, was understandably perplexed. He pointed out that such a half-good and half-bad recipe for all news broadcasts would be impossible. He said: “News is news. It is neither positive nor negative. It simply reflects reality.”

Doomed to fail

The opposition liberal democrats argued that the “good news” law was unacceptable as it restricted freedom of expression. The court agreed, and declared the legislation unconstitutional. That, of course, is good news for democracy.

The legislation was doomed to fail because Romania is now part of the European Union and therefore bound to honour human rights law guaranteeing freedom of expression. Letting a government meddle in what news the people get would be asking for trouble. Free flowing news is the oxygen of democracy.

English law has been disinclined to control the news, despite even judges having been sometimes troubled by journalists. In Mason v Mason, a case about a couple from Basingstoke, the Court of Appeal ruled that it wasn’t “unreasonable behaviour” for a wife to ration her husband to sex once a week. The Lord Chancellor, Lord Hailsham, said after the case that he didn’t mind the cheeky newspaper headlines which said things such as “Sex once a week enough, appeal judge says” (The Times, December 5, 1980), but he did object to the newspapers that tried to get interviews with the judge’s wife.

Professor Gary Slapper is Director of the Centre for Law at the OU. This article was taken from the Times Online.

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The Romanian Constitutional Court quashed an attempt by the legislature to make the news media broadcast equal measures of good and bad news. Politicians in Romania said that too much bad news was being reported and it was bringing people down. Bemoaning the negative effects of bad news on “the health and life of the people”, they successfully put a law through ...

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Can anyone help ?

Hi i am Adam I am 21 I live in liverpool and i am starting to study my LLB in February i am looking either for a online study buddy or some one i can meet up with in a local libary facetime skype? what ever really.

 

Can anyone help ?

 

Thank's Adam 

yes
67% (8 votes)
no
33% (4 votes)
Total votes: 12

Hi i am Adam I am 21 I live in liverpool and i am starting to study my LLB in February i am looking either for a online study buddy or some one i can meet up with in a local libary facetime skype? what ever really.   Can anyone help ?   Thank's Adam  yes 67% (8 votes) no 33% (4 ...

Who's your favourite TV expert on British TV (current or of all time)?

David Attenborough
55% (399 votes)
Mary Beard
5% (33 votes)
Martin Lewis
3% (24 votes)
Jo Frost
2% (15 votes)
Brian Cox
21% (150 votes)
Maggie Aderin-Pocock
0% (1 vote)
The Hairy Bikers: David Myers & Simon King
2% (18 votes)
The Two Fat Ladies: Clarissa Dickson Wright & Jennifer Paterson
1% (8 votes)
Gareth Malone
2% (18 votes)
Monty Halls
0% (3 votes)
Other
7% (52 votes)
Total votes: 721

David Attenborough 55% (399 votes) Mary Beard 5% (33 votes) Martin Lewis 3% (24 votes) Jo Frost 2% (15 votes) Brian Cox 21% (150 votes) Maggie Aderin-Pocock 0% (1 vote) The Hairy Bikers: David Myers & Simon King 2% (18 votes) The Two Fat Ladies: Clarissa ...