Comparative law Books
Harvard University Press Constitutional Theocracy
Book SynopsisPresents a comparative analysis of religion-and-state jurisprudence from dozens of countries worldwide to explore the role of constitutional law and courts in a non-secularist world.Trade ReviewA tour de force. Ran Hirschl's powerful analysis convincingly demonstrates that constitutionalism encompasses constitutional theocracy as well as constitutional democracy, that constitutional theocracy is becoming a dominant form of constitutionalism globally, and that this conflation of constitutional and religious values may have underappreciated virtues (and vices). -- Mark Graber, University of Maryland School of LawRan Hirschl proves himself to be among the leading scholars of comparative constitutionalism writing today, and his signal contribution is to develop and analyze a distinctive form of constitutional polity, "constitutional theocracy." Anyone interested in the interaction of law and society will certainly need to read this book and will find themselves fascinated by the stories about developments in Iran, Pakistan, India, Israel, and Turkey, to name only five of the countries Hirschl analyzes in depth. -- Sanford Levinson, University of Texas at Austin School of LawInevitably this book will raise hackles - given its critically important subject how could it be otherwise? But Hirschl is learned in exposition and acute in analysis. He demonstrates the same superb comparative skills familiar from his previous classic. -- JHH Weiler, Editor-in-Chief, I-CON The International Journal of Constitutional LawHirschl brings a wealth of understanding of comparative judicial politics in numerous contexts... [Constitutional Theocracy] proceeds to explore the implications of the constitutional embrace and limitation of religion, arguing that constitutionalism and theocratic government work hand-in-hand in both secular and theocratic contexts. It holds that secular elites in particular make use of legal texts as a means of consolidating their rule in all such societies, whether officially religious or secular...Hirschl's work is unique and extremely important. It is a must-read for all scholars of religion and legal politics. -- P. Rowe * Choice *
£43.31
Harvard University Press Experimentalist Constitutions
Book SynopsisIn Experimentalist Constitutions, the first book that systematically compares subnational experimentalism in different countries, Wang argues that “laboratories of democracy” are not exclusive to the American system; instead, similar concepts apply in China and India, with different center–local structures and levels of political competition.
£32.26
Harvard University Press Natural Law in Court A History of Legal Theory
Book SynopsisNatural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.Trade ReviewHelmholz’s survey is thorough and reliable. -- J. Simeone * Choice *
£39.06
Harvard University Press A New Deal for Chinas Workers
Book SynopsisChina’s leaders aspire to the prosperity, political legitimacy, and stability that flowed from America’s New Deal, but they are irrevocably opposed to the independent trade unions and mass mobilization that brought it about. Cynthia Estlund’s crisp comparative analysis makes China’s labor unrest and reform legible to Western readers.Trade ReviewThis highly readable story of the recent struggle of China’s workers for a better life, and the Communist Party’s complex responses to their demands, will surely meet the urgent need for greater understanding of this dynamic, non-transparent nation. Cynthia Estlund, a leading expert on American labor, has given us a balanced and sophisticated picture of China’s vastly different, rapidly changing labor scene. Like all great comparative studies, it also moves us to reconsider the accomplishments and drawbacks of our own government and even suggests what we might learn from the Chinese. -- Jerome A. Cohen, New York University School of LawThis eloquent account of the fundamental issues facing China’s workers, employers, and officials is an accessible but highly nuanced entrée to the world-historical drama unfolding in the PRC. Estlund has masterfully identified the essential economic, political, and legal dynamics that will determine the fate of the world’s largest and most restive working class. -- Eli Friedman, Cornell UniversityFor those who want to know more about the current status of labor in China, A New Deal for China’s Workers? is a must-read. Addressing labor issues in the United States and China, Estlund goes beyond the common view that workplaces in China are all sweatshops even as she questions China’s prospects for controlled liberalization of trade unions and labor NGOs. The results are enlightening and provocative. -- Mary Gallagher, University of MichiganThis is a terrific, eye-opening book. Cynthia Estlund uses her expert knowledge of American labor history and law as a lens through which to examine the turbulent politically and economically fraught world in which hundreds of millions of Chinese workers press for dignity, democracy, and a better material life. From the most exploitative sweatshop to the highest levels of Chinese government and industry, Estlund offers superb guidance to all those puzzled by the near-insurrectionary struggles of the Chinese working class and by the regime’s capacity to channel, accommodate, and suppress this industrial revolt. -- Nelson Lichtenstein, University of California, Santa BarbaraCynthia Estlund provides the most sophisticated and in-depth look ever at China and Chinese workers and their ‘race to the rising bottom.’ Her analysis demonstrates that the Chinese leadership’s fear of an independent ‘organized labor’ movement as a greater threat than ‘organized capital’ or capitalism has actually motivated positive change for Chinese workers. The revealing comparisons of labor law, workplace democracy, and the role of unions between the U.S. and China is stunningly insightful, and will shatter your conventional ideas. -- Andy Stern, Columbia University
£40.76
Princeton University Press Inherited Wealth
Book SynopsisA comparative study of the development of inheritance law in the United States, France, and Germany, this work investigates longstanding political and intellectual debates over inheritance laws and explains why these laws differ so greatly among these countries.Trade Review"Sociologist Beckert provides a thoughtful overview and analysis of the development of inheritance law in the US, Germany, and France, focusing on the period from the 1700s to the present... Beckert successfully argues that the three countries' trajectories have reflected important cultural, political, and economic differences, and he rejects earlier arguments that the process has been driven by increased individualization. Because the book is balanced and knowledgeably covers an immense amount of ground, the reader quickly comes to respect Beckert's arguments and insights."--R. M. Whaples, Wake Forest University, for Choice "Breathtaking in its detail and logic, Beckert's analysis is constructed with the precision of an economist building a model."--Livio Di Matteo, Canadian Journal of Sociology "Inherited Wealth is foremost an enjoyable and erudite invitation to an extremely interesting yet understudied research area. Beckert successfully captures the reader's interest in the empirical relations and normative issues addressed in his book."--Andrea Pozas-Loyo, Law and Politics Book Review "Translated into English and aimed at an academic audience, this volume draws on a wealth of French and German sources not readily accessible to Anglophone scholars and offers an unusually comprehensive comparative analysis."--Anne Alstott, Socio-Economic Review "Jens Beckert has produced a fascinating and admirable work... Beckert offers a number of interesting ideas. He goes over the important debates and the writers on inheritance law and thus contributes to intellectual history... He has a methodology for exploring debates, content analysis, that is worthy of attention because it can be obviously used in a vast number of American studies of ideology--indeed, a formulation that I think is particularly apropos to the Civil War era... The interpretations are sound, the use of theory wise, the methodology instructive, and the information provocative. For individuals in legal history, political history, and transatlantic studies, this book comes with the highest recommendation."--James Huston, Journal of Social HistoryTable of ContentsACKNOWLEDGMENTS vii Chapter 1: Introduction 1 1.1 Inheritance and Modern Society 1 1.2 Social Dimensions of Inheritance Law 12 Chapter 2: The Right to Bequeath: Testamentary Freedom and the Individuality of Property 21 2.1 France: Equality versus the Freedom of Private Disposition over Property 23 2.2 Germany: Testamentary Freedom versus Family and Social Justice 50 2.3 United States: Equality of Opportunity versus Individual Rights of Disposition 69 2.4 Conclusion 80 Chapter 3: Equality and Inclusion: The Inheritance Rights of the Family 83 3.1 The Principle of Equality in Intestacy Law 87 3.2 The Spouse in Intestacy Law 90 3.3 The Integration of Illegitimate Children into Inheritance Law 99 3.4 Conclusion 109 Chapter 4: Political Structure and Inheritance Law: The Abolition of Entails 114 4.1 The Double Abolition of Substitutions in France 119 4.2 The Delayed Abolition of Fideikommisse in Germany 131 4.3 The Abolition of Entails in the American Revolution 156 4.4 Conclusion 163 Chapter 5: Social Justice through Redistribution? The Taxation of Inheritance 167 5.1 Equality of Opportunity versus Private Property: The Estate Tax in the United States 171 5.2 "Sense of Family" versus Social Justice: The Inheritance Tax in Germany 209 5.3 Destruction of National Wealth? The Progressive Inheritance Tax in France 243 5.4 Conclusion 270 Chapter 6: Conclusion: Discourses and Institutions 275 APPENDIX: THE METHOD OF CONTENT ANALYSIS OF PARLIAMENTARY DEBATES 295 NOTES 299 REFERENCES 343 INDEX 367
£48.00
Princeton University Press Weak Courts Strong Rights
Book SynopsisShows how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. This book describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own.Trade Review"In this study of various theoretical issues of concern to students of comparative constitutional law, Tushnet has done a remarkable job of analyszing and comparing existing forms of judicial review...Tushnet's impeccable research leads us through varied constitutional systems including, for example, Argentina, Canada, Great Britain, and Ireland. This is constitutional scholarship at its best."--R.J. Steamer, Choice "Tushnet explores two prominent questions that constitutional drafters must ask: What powers of judicial review should courts have? and What rights should be enumerated? ... Tushnet's ambitious agenda in Weak Courts, Strong Rights is equally important for political scientists and comparative legal scholars."--Theresa J. Squatrito, Comparative Political Studies "Mark Tushnet has written an important book, featuring mastery of pertinent comparative constitutional law literature and an incredible ideas-per-ink ratio... Any serious scholar of comparative constitutional law cannot afford to skip this book."--Ran Hirschl, Ottawa Law ReviewTable of ContentsPreface ix Acknowledgments xv Part I: Strong-Form and Weak-Form Judicial Review Chapter 1: Why Comparative Constitutional Law? 3 Chapter 2: Alternative Forms of Judicial Review 18 Chapter 3: The Possible Instability of Weak-Form Review and Its Implications 43 Part II: Legislative Responsibility for Enforcing the Constitution Chapter 4: Why and How to Evaluate Constitutional Performance 79 Chapter 5: Constitutional Decision Making Outside the Courts 111 Part III: Judicial Enforcement of Social and Economic Rights Chapter 6: The State Action Doctrine and Social and Economic Rights 161 Chapter 7: Structures of Judicial Review, Horizontal Effect, and Social Welfare Rights 196 Chapter 8: Enforcing Social and Economic Rights 227 Table of Cases 265 Index 269
£25.50
Juta & Company Ltd Human dignity
£50.00
Lexington Books New Media Old Regimes Case Studies in Comparative
Book SynopsisTrade ReviewNew Media, Old Regimes is one of the most interesting and innovative studies of comparative communications law available. Eko's use of a case-study approach to reveal the tensions between different political and cultural systems and their differing concepts of freedom of expression is extremely effective and enlightening. -- Eric Easton, University of BaltimoreThis book offers both a contribution to the theoretical foundations of comparative communication law and policy and thought-provoking case studies that illustrate clashes between culturally specific interpretations of communication rights and obligations. -- Manuel Puppis, Univeristy of Zurich, SwitzerlandThis is a fine book by an able media law scholar, whose research has informed me over the years, especially when I wanted to expand my "reverse perspective" on American law on freedom of speech and the press." -- Kyu Ho Youm, Association for Education in Journalism and Mass CommunicationTable of ContentsChapter 1. Mapping the Terrain of Comparative Communication Law Part 1. Theoretical Approaches Chapter 2. Systemic Approaches to Comparative Communication Law and Policy: Regulatory Regimes and Policy Transfer Chapter 3. Politico-Cultural Approaches to Comparative Communication Law and Policy: Exceptionalism, Mentalities, and Asymmetries Chapter 4. The European Supranational Communication Law and Policy Regime Chapter 5. Multilateral Resolution of Communication Problems: The International Communications Regulatory Regime Part 2. Comparative Case Studies in International Communication Law and Policy Chapter 6. New Media, Old Authoritarian Regimes: Instrumentalization of the Internet and Networked Social Media in the "Arab Spring" of 2011 in North Africa Chapter 7. Old Religions, Old Mentalities: The Mohammad Cartoons Affair as a Clash of Religious "Establishmentalities" Chapter 8. New Technologies, Old Mentalities: The Internet, the Minitel, and Exceptionalist Information and Communication Technology Policy Chapter 9. New Technologies, Old Big Brother: Internet Surveillance and "Governmentality" in the United States and the Russian Federation Chapter 10. American Exceptionalism, the French Exception, and Harmonization of Intellectual Property Law by the United States and France Chapter 11. New Media Old Images: Re-presentation of the Problem of Online Child Pornography Under International, European, and American Law Chapter 12. New Realities, Old Ideologies: Communication Policy Transfers and "Developmentality" in Africa Chapter 13. New Media, Ancient Animosities: "Propaganda of the Deed" and the Laws of War in the NATO/Yugoslav War of 1999 Epilogue
£123.30
Lexington Books New Media Old Regimes
Book SynopsisNew Media, Old Regimes: Case Studies in Comparative Communication Law and Policy, by Lyombe S. Eko, is a collection of novel theoretical perspectives and case studies which illustrate how different communication law regimes conceptualize and apply universal ideals of human rights and freedom of expression to media controversies in real space and cyberspace. Eko's investigation includes such controversial communication policy topics as North African regimes' failed use of telecommunications to suppress the social change of the Arab Spring, the Mohammad cartoon controversy in Denmark and France, French and American policy of development and diffusion of the Minitel and the Internet, American and Russian regulation of internet surveillance, the problem of managing pedopornography in cyberspace and real space, and other current communication policy cases. This study will aid readers not only to understand different national and cultural perspectives of thorny communication issues, but also show that though freedom of expression is a pluralistic concept, the actions of all political regimes at the national, transnational, and international levels must be held up to the universal standards of freedom of expression set forth in the Universal Declaration of Human Rights. New Media, Old Regimes provides essential scholarship on comparative communication law and policy in a world of new media.Trade ReviewNew Media, Old Regimes is one of the most interesting and innovative studies of comparative communications law available. Eko's use of a case-study approach to reveal the tensions between different political and cultural systems and their differing concepts of freedom of expression is extremely effective and enlightening. -- Eric Easton, University of BaltimoreThis book offers both a contribution to the theoretical foundations of comparative communication law and policy and thought-provoking case studies that illustrate clashes between culturally specific interpretations of communication rights and obligations. -- Manuel Puppis, Univeristy of Zurich, SwitzerlandThis is a fine book by an able media law scholar, whose research has informed me over the years, especially when I wanted to expand my "reverse perspective" on American law on freedom of speech and the press." -- Kyu Ho Youm, Association for Education in Journalism and Mass CommunicationTable of ContentsChapter 1. Mapping the Terrain of Comparative Communication Law Part 1. Theoretical Approaches Chapter 2. Systemic Approaches to Comparative Communication Law and Policy: Regulatory Regimes and Policy Transfer Chapter 3. Politico-Cultural Approaches to Comparative Communication Law and Policy: Exceptionalism, Mentalities, and Asymmetries Chapter 4. The European Supranational Communication Law and Policy Regime Chapter 5. Multilateral Resolution of Communication Problems: The International Communications Regulatory Regime Part 2. Comparative Case Studies in International Communication Law and Policy Chapter 6. New Media, Old Authoritarian Regimes: Instrumentalization of the Internet and Networked Social Media in the "Arab Spring" of 2011 in North Africa Chapter 7. Old Religions, Old Mentalities: The Mohammad Cartoons Affair as a Clash of Religious "Establishmentalities" Chapter 8. New Technologies, Old Mentalities: The Internet, the Minitel, and Exceptionalist Information and Communication Technology Policy Chapter 9. New Technologies, Old Big Brother: Internet Surveillance and "Governmentality" in the United States and the Russian Federation Chapter 10. American Exceptionalism, the French Exception, and Harmonization of Intellectual Property Law by the United States and France Chapter 11. New Media Old Images: Re-presentation of the Problem of Online Child Pornography Under International, European, and American Law Chapter 12. New Realities, Old Ideologies: Communication Policy Transfers and "Developmentality" in Africa Chapter 13. New Media, Ancient Animosities: "Propaganda of the Deed" and the Laws of War in the NATO/Yugoslav War of 1999 Epilogue
£53.10
Edinburgh University Press Exploring the Law of Succession
Book SynopsisComparative and succession law in Scotland and South Africa, including a comparison with Dutch law.Table of ContentsPreface; List of Contributors; Table of Statutes; Table of Cases; A Comparative Overview; Marius J de Waal; Compulsory Heirship in Roman Law; Reinhard Zimmermann; Succession Law in Scotland: a Historical Perspective; W David H Sellar; Succession Law in South Africa: a Historical Perspective; Francois du Toit; Freedom of Testation and the Ageing Testator; J C Sonnekus; Testamentary Conditions and Public Policy; James Chalmers; Forfeiture Clauses and Events in Scots Law; Roderick R M Paisley; Revocation of Wills by Changed Circumstances; M C Schoeman-Malan; Fideicommissary Substitutions: Scots Law in Historical and Comparative Perspective; George Gretton; The Conditio si institutus sine liberis decesserit in Scots and South African Law; Alan R Barr; The New Dutch Law of Succession; Sjef van Erp; Revocability of Mutual Wills; Alexandra Braun; Succession Agreements in South African and Scots Law; Dale Hutchison.
£90.00
Edinburgh University Press Mixed Jurisdictions Compared
Book SynopsisA comparative study of the 'mixed jurisdictions' of Scotland and Louisiana.Trade ReviewThis is an impressive and extremely valuable contribution not only to the study of the law of mixed jurisdictions, but also of comparative law in general. Mixed jurisdictions are veritable comparative-law laboratories in continuous operation. A comparison of two such laboratories, when done with the insight, depth and sophistication that characterize this book, is a marvelous gift to comparatists and legal historians around the world. -- Symeon C. Symeonides, Dean and Alex L. Parks Distinguished Professor of Law, President, American Society of Comparative Law Fifty years ago, mixed legal systems would reach out to one another feeling embattled and lonely, as if banding together would stave off their otherwise inevitable juridical demise. Today, legal sources are increasingly recognized as mixed in nearly all jurisdictions and, as a result, places like Louisiana and Scotland are no longer seen as isolated or exotic. This book is thus doubly important: first, as comparative study of private law in Louisiana and Scotland and, second, as a work that helps explain the reconfiguration - real or imagined - of legal traditions elsewhere in this age of globalization. -- Nicholas Kasirer, McGill University This is an impressive and extremely valuable contribution not only to the study of the law of mixed jurisdictions, but also of comparative law in general. Mixed jurisdictions are veritable comparative-law laboratories in continuous operation. A comparison of two such laboratories, when done with the insight, depth and sophistication that characterize this book, is a marvelous gift to comparatists and legal historians around the world. Fifty years ago, mixed legal systems would reach out to one another feeling embattled and lonely, as if banding together would stave off their otherwise inevitable juridical demise. Today, legal sources are increasingly recognized as mixed in nearly all jurisdictions and, as a result, places like Louisiana and Scotland are no longer seen as isolated or exotic. This book is thus doubly important: first, as comparative study of private law in Louisiana and Scotland and, second, as a work that helps explain the reconfiguration - real or imagined - of legal traditions elsewhere in this age of globalization.Table of ContentsPreface; List of Contributors; List of Abbreviations; Table of Cases; 1. Praedial Servitudes, Kenneth G C Reid; 2. Title Conditions in Restraint of Trade, John A Lovett; 3. Servitudes: Extinction by Non-Use, Roderick R M Paisley; 4. Inheritance and the Surviving Spouse, Ronald J Scalise Jr; 5. Ownership of Trust Property in Scotland and Louisiana, James Chalmers; 6. The Legal Regulation of Adult Domestic Relationships, Kenneth McK Norrie; 7. Impediments to Marriage in Scotland and Louisiana: An Historical - Comparative Investigation, J-R Trahan; 8. Contracts of Intellectual Gratification - A Louisiana-Scotland Creation, Vernon Valentine Palmer; 9. The Effect of Unexpected Circumstances on Contracts in Scots and Louisiana Law, Laura Macgregor; 10. Hunting Promissory Estoppel, David V Snyder; 11. Unjustified Enrichment, Subsidiarity and Contract, Hector L MacQueen; 12. Causation as an Element of Delict/Tort in Scots and Louisiana Law, Martin A Hogg; 13. Personality Rights: A Study in Difference, Elspeth Christie Reid.
£90.00
Edinburgh University Press Evil in Contemporary Political Theory
Book SynopsisPoliticians and the press exploit the rhetorical strength of the word 'evil' in phrases such as 'evil regimes' or 'Axis of Evil'. But does it have any role in political theory? This title explores the actual and possible roles of evil in current-day international politics.
£27.54
Edinburgh University Press Deconstructing Energy Law and Policy
Book SynopsisWhat are the component parts of successful energy law and policy for nuclear energy in the 21st century? Drawing on over 90 interviews completed across Belgium (Brussels), Romania, the United States, and the United Kingdom, this book focuses on the development and formulation of energy law and policy in civil nuclear energy in the EU, and the US.Table of Contents1. Introduction; 2. The Different Dimensions of Nuclear Energy Policy; 3. An Overview of EU and US Energy Legislation; 4. The Development of Romanian Nuclear Energy Law 1990 2010; 5. Energy Law and Policy Development in the US Nuclear Energy Industry: A Three State Analysis; 6. Exploring Energy Policy Inaction and Contradiction: The Case of Nuclear Energy in the US 1990 2010; 7. Revising Energy Law and Policy in the UK: Reigniting the Nuclear Energy Sector; 8. Conclusion: A Review of the Dynamics of the Nuclear Energy Industry:; Strategy Development for the Nuclear Energy Sector; Appendix; References; Bibliography.
£27.54
AltaMira Press,U.S. Legal Anthropology
Book SynopsisLegal Anthropology: An Introduction offers an initial overview of the challenging debates surrounding the cross-cultural analysis of legal systems. Equal parts review and criticism, James M. Donovan outlines the historical landmarks in the development of the discipline, identifying both strengths and weaknesses of each stage and contribution. Legal Anthropology suggests that future progress can be made by looking at the perceived fairness of social regulation, rather than sanction or dispute resolution as the distinguishing feature of law.Trade ReviewJames M. Donovan's Legal Anthropology: An Introduction is a very useful, needy, and successful account that presents the various aspects of law, with a clear and balanced exposition of the major theories of legal scholars. -- Leopold Pospisil, professor and curator emeritus, Yale Peabody MuseumDonovan's introduction is a book worth reading….His book succeeds in its function as a textbook….This book makes a well-written introduction to an important field of anthropology. * Anthropos *In a field where there are many good and some great monographs, critical overviews are few and far between, and James M. Donovan's comprehensive treatment of legal anthropology comes as a breath of fresh air. Legal Anthropology guides newcomers to the rich literature of law and anthropology, and provides more mature scholars with perspectives to debate. -- Mack O'Barr, professor of cultural anthropology at Duke University and author of Just Words, Second Edition: Law, Language, and PowerTable of ContentsPart 1 Introduction: Why Study Legal Anthropology Part 2 Section I: General Background Chapter 3 Chapter 1: Philosophical Starting Points Chapter 4 Chapter 2: Studying Law in the Field Part 5 Section II: Forerunners Chapter 6 Chapter 3: Natural Law: Description and Reactions Chapter 7 Chapter 4: Sociology of Law Part 8 Section III: Ethnographic Foundations Chapter 9 Chapter 5: Malinowski and Reciprocity-Based Law Chapter 10 Chapter 6: Schapera and Codification of Indigenous Law Chapter 11 Chapter 7: Hoebel and the Rise and Legal Realism Chapter 12 Chapter 8: Gluckman and Identification of Legal Universals Chapter 13 Chapter 9: Bohanna and Relativism Chapter 14 Chapter 10: Pospisil and Differentiating the Institutions of Social Regulation Chapter 15 Chapter 11: Nader and Processualism Chapter 16 Chapter 12: O'Barr & Conley and Studying Up Part 17 Section IV: Highlights of Comparative Anthropology Chapter 18 Chapter 13: Cross-Cultural Comparison Chapter 19 Chapter 14: Dispute Resolution Chapter 20 Chapter 15: Legal Pluralism Part 21 Section V: Issues in Applied Legal Anthropology Chapter 22 Chapter 16: Human Rights Chapter 23 Chapter 17: Intellectual Property Rights Chapter 24 Chapter 18: The Cultural Defense Chapter 25 Chapter 19: Terrorism Chapter 26 Chapter 20: A Fairness-Centered Legal Anthropology Chapter 27 Chapter 21: Overview and Prospects
£103.50
AltaMira Press Legal Anthropology
Book SynopsisLegal Anthropology: An Introduction offers an initial overview of the challenging debates surrounding the cross-cultural analysis of legal systems. Equal parts review and criticism, James M. Donovan outlines the historical landmarks in the development of the discipline, identifying both strengths and weaknesses of each stage and contribution. Legal Anthropology suggests that future progress can be made by looking at the perceived fairness of social regulation, rather than sanction or dispute resolution as the distinguishing feature of law.Trade ReviewJames M. Donovan's Legal Anthropology: An Introduction is a very useful, needy, and successful account that presents the various aspects of law, with a clear and balanced exposition of the major theories of legal scholars. -- Leopold Pospisil, professor and curator emeritus, Yale Peabody MuseumDonovan's introduction is a book worth reading….His book succeeds in its function as a textbook….This book makes a well-written introduction to an important field of anthropology. * Anthropos *In a field where there are many good and some great monographs, critical overviews are few and far between, and James M. Donovan's comprehensive treatment of legal anthropology comes as a breath of fresh air. Legal Anthropology guides newcomers to the rich literature of law and anthropology, and provides more mature scholars with perspectives to debate. -- Mack O'Barr, professor of cultural anthropology at Duke University and author of Just Words, Second Edition: Law, Language, and PowerTable of ContentsPart 1 Introduction: Why Study Legal Anthropology Part 2 Section I: General Background Chapter 3 Chapter 1: Philosophical Starting Points Chapter 4 Chapter 2: Studying Law in the Field Part 5 Section II: Forerunners Chapter 6 Chapter 3: Natural Law: Description and Reactions Chapter 7 Chapter 4: Sociology of Law Part 8 Section III: Ethnographic Foundations Chapter 9 Chapter 5: Malinowski and Reciprocity-Based Law Chapter 10 Chapter 6: Schapera and Codification of Indigenous Law Chapter 11 Chapter 7: Hoebel and the Rise and Legal Realism Chapter 12 Chapter 8: Gluckman and Identification of Legal Universals Chapter 13 Chapter 9: Bohanna and Relativism Chapter 14 Chapter 10: Pospisil and Differentiating the Institutions of Social Regulation Chapter 15 Chapter 11: Nader and Processualism Chapter 16 Chapter 12: O'Barr & Conley and Studying Up Part 17 Section IV: Highlights of Comparative Anthropology Chapter 18 Chapter 13: Cross-Cultural Comparison Chapter 19 Chapter 14: Dispute Resolution Chapter 20 Chapter 15: Legal Pluralism Part 21 Section V: Issues in Applied Legal Anthropology Chapter 22 Chapter 16: Human Rights Chapter 23 Chapter 17: Intellectual Property Rights Chapter 24 Chapter 18: The Cultural Defense Chapter 25 Chapter 19: Terrorism Chapter 26 Chapter 20: A Fairness-Centered Legal Anthropology Chapter 27 Chapter 21: Overview and Prospects
£46.80
Rlpg/Galleys International Crime and Punishment
Book SynopsisThe research papers in this collection address several important and less-treated questions of international criminal law: International Committee of the Red Cross as a witness before international criminal tribunals; the definition of aggression; mistake of law as a defense; the doctrine of command responsibility. The analyses in this collection are admirable and will be of great value to scholars and persons interested in international law, international relations and history.Table of ContentsChapter 1 Preface and Acknowledgments; List of Abbreviations; The International Committee of the Red Cross as a Witness Before International Criminal Tribunals; Defining Aggression: An Analysis of the Exiting Approaches and a Proposal; The Mistake of Law Defense in
£49.50
University of British Columbia Press The Grand Experiment
Book SynopsisReveals how local life and culture in selected colonies interacted with the rule of law that accompanied the British colonial project. This book presents an account of the 'incomplete implementation of the British constitution' in the colonies. It explores themes of legal translation, local understandings, and judicial biography.Trade Review"This collection of essays by Canada's and Australasia's most accomplished legal historians is a "must" for academic libraries and those who share these scholars' interest in the legal culture of the British colonial world. - Peter Karsten, author of Between Law and Custom: "High" and "Low" Legal Cultures in the Lands of the British Diaspora, 1600-1900.Table of ContentsForewordIntroduction: Does Law Matter? The New Colonial Legal History / Benjamin L. Berger, Hamar Foster, and A.R. BuckPart 1: Authority at the Boundaries of Empire1 Libel and the Colonial Administration of Justice in Upper Canada and New South Wales, c. 1825-30 / Barry Wright2 The Limits of Despotic Government at Sea / Bruce Kercher3 One Chief, Two Chiefs, Red Chiefs, Blue Chiefs: Newcomer Perspectives on Indigenous Leadership in Rupert’s Land and the North-West Territories / Janna Promislow4 Rhetoric, Reason, and the Rule of Law in Early Colonial New South Wales / Ian Holloway, Simon Bronitt, and John Williams5 Sometimes Persuasive Authority: Dominion Case Law and English Judges, 1895-1970 / Jeremy FinnPart 2: Courts and Judges in the Colonies6 Courts, Communities, and Communication: The Nova Scotia Supreme Court on Circuit, 1816-50 / Jim Phillips and Philip Girard7 Fame and Infamy: Two Men of the Law in Colonial New Zealand / David V. Williams8 Moving in an “Eccentric Orbit”: The Independence of Judge Algernon Sidney Montagu in Van Diemen’s Land, 1833-47 / Stefan Petrow 9 “Not in Keeping with the Traditions of the Cariboo Courts”: Courts and Community Identity in Northeastern British Columbia, 1920-50 / Jonathan Swainger Part 3: Property, Politics, and Petitions in Colonial Law 10 Starkie’s Adventures in North America: The Emergence of Libel Law / Lyndsay M. Campbell11 The Law of Dower in New South Wales and the United States: A Study in Comparative Legal History / A.R. Buck and Nancy E. Wright12 Contesting Prohibition and the Constitution in 1850s New Brunswick / Greg Marquis13 From Humble Prayers to Legal Demands: The Cowichan Petition of 1909 and the British Columbia Indian Land Question / Hamar Foster and Benjamin L. Berger Afterword: Looking from the Past into the Future / John P.S. McLarenNotes Selected Bibliography Index
£73.95
University of British Columbia Press The Stability Imperative
Book SynopsisLegal expert Sarah Biddulph uses case studies to examine the multiple and shifting ways in which the Chinese government’s efforts to maintain social and political stability impact on the legal definition and implementation of human rights in China.Trade ReviewBiddulph has written an outstanding contribution to the field of human rights and law as well as to the field of governance and social stability/protests. The uniqueness and strength of the book lie in the author’s ability to bridge and unite insights from different research areas and in her rich empirical material. [Biddulph] shows how issues of human rights and governance are intertwined and shape the life of individual citizens as well as the work of different state and non-state actors and institutions. -- Marina Svensson, Lund University * Pacific Historical Review *Table of Contents1 Rights in a Time of Anxiety about Stability2 Labour Rights and Stability3 Housing Expropriation, Demolition, and Relocation4 The Right to Medical Care and Causing Havoc in Hospitals (Yinao)5 Punishing Protest6 Abolishing Re-Education through Labour7 Governance for Rights and Stability?Appendix: Legislation, Administrative Regulations and Rules, Normative Documents, and Party DocumentsNotes; References; Index
£25.19
University of British Columbia Press Refugee Law after 911
Book Synopsis
£62.90
University of British Columbia Press Faith or Fraud
Book SynopsisThe growing presence in Western society of non-mainstream faiths and spiritual practices poses a dilemma for the law. For example, if a fortune teller promises to tell the future in exchange for cash, and both parties believe in the process, has a fraud been committed? Building on a thorough history of the legal regulation of fortune-telling laws in four countries, Faith or Fraud examines the impact of people who identify as spiritual but not religious on the future legal understanding of religious freedom. Traditional legal notions of religious freedom were conceived in the context of organized religion. Jeremy Patrick examines how the law needs to adapt to a contemporary spirituality in which individuals can select concepts drawn from multiple religions, philosophies, and folklore to develop their own idiosyncratic belief systems. Faith or Fraud exposes the law's failure to recognize individual spirituality as part of modern religious practice, concluding that legalTrade ReviewAs a detailed history of the debates over fortune-telling in four different countries, and as an argument for the expansion of religious freedom law to include this kind of practice, Faith or Fraud makes a valuable contribution to the field -- Tisa Wenger, Yale Divinity School * Nova Religio *Faith or Fraud is a thought-provoking read which could provide the catalyst for much further work. It provides a wonderful opportunity to confront our attitudes towards 'new Age' faith and to modern manifestations of faith...All this is done in the context of tantalising glimpses of other topical issues around the transmission of legal ideas within the common law world. -- Charlotte Smith, University of Reading * Ecclesiastical Law Journal *Faith or Fraud is a valuable contribution to the study of legal responses to fortune-telling...A comprehensive survey of this nature has never been conducted, and this is both an insightful and full addition to current scholarship. -- Taryn McLachlan, University of Saskatchewan Law School * Saskatchewan Law Review *Table of ContentsIntroduction 1 Fortune-Telling2 English Law3 Canadian Law4 Australian Law5 American Law6 Analysis of Arguments for and Against7 Spiritual Counselling and Freedom of ReligionConclusionAppendix 1: Chronology of English Statutes and Cases on Fortune-TellingAppendix 2: Further ReadingNotes; Index
£25.19
University of British Columbia Press Family Law in Action Divorce and Inequality in
Book SynopsisFamily Law in Action examines the inequalities produced by divorce and separation in France and Quebec.Table of ContentsIntroduction1 Why the Liberalization of Divorce Leads to Unequal Access to Justice2 How Gender and National Context Shape the Legal Profession3 The Legal Encounter as a Situated Nexus of Power4 How Family Justice Frames Unequal Parenthoods5 Family Law and the Welfare State: Intertwining Economic InequalitiesConclusionNotes; References; Index
£69.70
University of British Columbia Press Family Law in Action
Book SynopsisThe right to divorce is a symbol of individual liberty and gender equality under the law, but in practice it is anything but equitable. Family Law in Action reveals the class and gender inequalities embedded in the process of separation and its aftermath in Quebec and France. Drawing on empirical research conducted on their respective court and welfare systems, Emilie Biland analyzes how men and women in both places encounter the law and its representatives in ways that affect their personal and professional lives. While gender inequality is less pronounced in Quebec than in France, and class inequality is starker, in both national contexts inequalities after breakups are driven by the same three mechanisms: access to the law and justice, interactions with legal professionals, and the ways these two factors shape lifestyle and standard of living. Family Law in Action is a rigorous but compassionate study that encourages governments to make good on the emancipatory Table of ContentsIntroduction1 Why the Liberalization of Divorce Leads to Unequal Access to Justice2 How Gender and National Context Shape the Legal Profession3 The Legal Encounter as a Situated Nexus of Power4 How Family Justice Frames Unequal Parenthoods5 Family Law and the Welfare State: Intertwining Economic InequalitiesConclusionNotes; References; Index
£26.99
Stanford University Press Fault Lines
Book SynopsisThis pioneering collection examines tort law as a cultural phenomenon, drawing on the theories and methods of law, sociology, political science, and anthropology and comparative cases across the United States, Europe, and Asia.Trade Review"Both editors Engel and McCann are eminently qualified to prepare this reader on current themes in tort law practice from a comparative perspective .... The highly professional text is throughly indexed and contains an excellent bibliography."—R. A. Carp, Choice"The editors, who have contributed mightily to our scholarly understanding of torts and disputing over the past 25 years, have succeeded admirably in assembling highly accessible essays.... the essays are highly accessible, and the text will be a welcome addition to legal studies courses...."—Law and Politics Book Review"Fault Lines presents an original look at how popular culture informs legal practice, and how this influence determines the way a society thinks about and deals with wrongdoing and personal injury."—Timothy Lytton, Albany Law School"Unified in its attention to tort law in action, this breakthrough volume incorporates years of independent, original research from leading scholars. With clear, comparative examples, it reveals how changes in tort law practices relate to larger social changes." —Richard Abel, UCLA School of Law
£22.49
Stanford University Press Law in Many Societies
Book SynopsisThis law and society reader taps a rich and diverse literature to compare and contrast the legal experience of many different cultures and nations.Trade Review"This very significant textbook fills a gap that law and society teachers have perceived for a long time. It usefully presents theory and observation as intrinsically connected and acknowledges the importance of observation for the sake of theorizing. The volume is valuable and will certainly arouse interest in the field."—Vincenzo Ferrari, University of Milan"Law in Many Societies is an exciting and unique cross-national collaboration reflecting current global concerns and influences. Distinctive in its presentation of materials that highlight law and society organizations, networks, and publications around the world, it promises to make a strong impact within the United States and beyond."—David M. Engel, State University of New York, University at Buffalo"This stimulating volume is a real winner. With smart ideas, sharp editors, and top-rate scholarly contributions, it shines as an important contribution to the law and society and comparative law literature."—Eric Feldman, University of Pennsylvania
£91.80
Stanford University Press The Italian Legal System
Book SynopsisTrade Review"Three of the world's most learned, humane, and intellectually courageous scholars have joined forces to produce this introduction to one of the world's great legal traditions. This book belongs on the shelf of every serious student of comparative law."—James Whitman, Yale Law School"This updated, deeply revised edition of Merryman's classic and pioneering work on the Italian legal system exposes the deep transformation of Italian law under the pressures of globalization. It's a welcome addition to a body of literature aimed at showing a Latin civil law experience under siege. An important contribution."—Ugo Mattei, UC Hastings and University of TurinTable of ContentsContents and Abstracts1History of Italian Law chapter abstractThis chapter traces the history of Italian law from the Roman period through the beginning of the Italian Republic (1946). It explains the history of Italian law in relation to the cultural, political, social, and economic histories of Italy. 2Italian Government chapter abstractThis chapter describes the Italian political system, the principal political parties, and the outlines of the judicial system as they existed in the mid- to late 1960s. There is also a brief discussion of the government's role in the Italian economy. 3The Law Professionals chapter abstractThis chapter discusses legal education, the legal profession, and the magistratura, as they existed at the time of publication. 4Civil Procedure and Evidence chapter abstractThis chapter provides an overview of civil procedure, including historical background; constitutional norms; investigation and discovery; appeals and judgments; and trends in procedural scholarship. There are also briefer discussions of the laws of evidence and of criminal and administrative procedures. The differences between Italian and American procedural norms, which flow from the civil–common law distinction but are augmented by various historical differences, are a major theme of this chapter. 5The Italian Style: Doctrine chapter abstractThis chapter traces the development of a distinct Italian "style," which is characterized by an inclination toward legal positivism; a reluctance to consider nonlegal disciplines, notably philosophy, economics, and the remaining social sciences, in legal scholarship; and a tendency, extreme even by civil law standards, to elevate doctrine over case law. These tendencies result, in turn, from a combination of French and German influences and specifically Italian traits, including the long period in which Italy lacked a central governmental authority and relied on scholars ("doctors") of law to maintain continuity. 6The Italian Style: Law chapter abstractThis chapter continues the themes introduced in Chapter 5, emphasizing characteristic Italian attitudes such as the limited (primarily legislative) sources of law; a sharp division between public and private law; and the centrality of codes (especially the civil code) in the legal firmament. These features were changing by the late 1960s as a result of several developments, including the increased economic role of the state, the rise of the Constitutional Court, and the growth in fields that did not fit easily into existing categories. 7The Italian Style: Interpretation chapter abstractThis chapter—arguably the grandest in the book—traces the Italian style as it affects legal interpretation. It describes the difference between the "folklore" of interpretation, under which the judge is merely the mouthpiece of the statute, and the actual practice, in which the judge's values, beliefs, and attitudes inevitably affect the outcome of cases. The core of the chapter is devoted to the work of three scholars—Emilio Betti, Tullio Ascarelli, and Piero Calamandrei—who attempted to resolve this problem, the last with an ambitious theory regarding the need to update interpretation to meet the demands of a democratic society. The chapter concludes with a brief section that summarizes the themes of the book as a whole.
£49.30
Stanford University Press Nation and Family
Book SynopsisTrade Review"The book is a tour de force on comparatively approaching the question of secularism and cultural pluralism in postcolonial societies in Africa and Asia It will be an excellent resource for teaching graduate courses and will become a standard study to be cited in scholarly debates on comparative secularism and multiculturalism." -- Balmurli Natrajan * H-Net *"Nation and Family takes on the divisions of culture and religion in India and explores how they have played out in an unlikely setting: the courts and laws that adjudicate and regulate family life. Subramanian reveals how the experiences and struggles of diverse groups in fashioning personal law shaped the national project and the very meaning of modernity. A masterful exploration of nation-formation." -- Joel S. Migdal, Robert F. Philip Professor of International Studies * University of Washington *"Subramanian has generated [his] explanatory framework based on a magnificent summary of family laws and their evolution across . . . the Islamic world from Morocco to Indonesia in the second half of the twentieth century. I admired Subramanian's quiet rejection of both the area-specialist's tendency to explain fairly common trajectories in terms of the specificities of a particular area's history . . . and the political scientist's propensity for building evaluative models based on culturally specific ideal types. The study of case law is excellent and illuminating, as are the discussions regarding Muslim institutions and associations concerned with the study and development of classical Islamic jurisprudence [fiqh] and of the efforts to connect that tradition to modern Indian law. Subramanian's overall recommendation is for culturally sensitive legal reform, [which] looks both plausible and admirable." -- Nandini Chatterjee * Comparative Studies in Society and History *"Nation and Family shines a spotlight on the intersection of group identity, law reform, and minority rights. Focusing on Indian family law, Subramanian examines changing group norms and conceptions of equality in a developing democracy. An insightful investigation of ethnic politics and the response of policy makers in the domain of legal pluralism." -- Donald Horowitz, James B. Duke Professor of Law and Political Science * Duke University *"In this book Subramanian addresses the complicated and often vexed relationship between personal law and the larger political/historical/legal milieu within which it develops and functions . . . He utilizes a comparative framework with appropriate references to several other countries to clarify and strengthen his case. The discussion is rich and astute, the scholarship careful and rigorous, and the language judicious and elegant . . . Summing Up: Highly Recommended." -- A. Ahmad * CHOICE *"[This book's] scholarship and empirical details and the body of literature and archival sources that it marshals which will be of immense use to students . . . [I]ts historical perspective and comparative analysis opens up the issue in a very different manner than has played out in India's dominant public discourse . . . [I]t deploys key social science categories such as institutions, ideas, interests, and social movements to understand the detours that personal law debates take. In doing so, this study breaks from the theoretical trend that has dominated academia in the last two decades or more, namely one that has paid disproportionate attention to textual analysis with a focus on specific texts and discourses to the neglect of empirical study of how groups of people act in resistance or domination, negotiation and alliance." -- Maitrayee Chaudhuri * Pacific Affairs *"With tremendous insight and fine scholarship, Subramanian traces the debates and advances in religious family law in India, but also places that story in a broad framework. Nation and Family advances a clear argument in comparative politics and undertakes the detailed analysis of legal reform in India." -- John Bowen, Dunbar-Van Cleve Professor in Arts and Sciences * Washington University in Saint Louis *"Nation and Family takes a new approach to the study of religion-based personal laws, particularly in India . . . The most important contribution of this book is its exploration of the relationship between the nation and the family within the context of the consolidation of state authority in postcolonial countries . . . Nation and Family is a truly multifaceted work which will be of value not only to scholars of religion and politics, but also to those interested in political history, comparative history, and gender studies." -- Varsha Chitnis * Politics and Religion *"Meticulously researched and cogently argued, Narendra Subramanian's Nation and Family is a welcome corrective to simplications inherent in much postcolonial discourse on Indian secularism. It demonstrates that neither the persistence of colonial legal categories nor the alleged self-ghettoisation of religious minorities can explain postcolonial changes in personal law. In addition, it offers important comparative insights into relations among secularism, family law, and visions of national community in other postcolonial nation-states." -- Rupa Viswanath * Professor of Religions, Commonwealth and Comparative Politics *
£56.10
Henry Holt & Company Inc Gay Marriage Why It Is Good for Gays Good for
Book Synopsis
£13.29
University of Pennsylvania Press Dignity Rights
Book SynopsisTrade Review"Human dignity has a long history. It has been recognized in various religions and has served as the basis for a variety of philosophical outlooks. The essential nature of the concept is sharply debated. Some see it as a paramount constitutional value and a central constitutional right. Others see it as a concept void of any content and having no constitutional use. Against the background of these sharp disputes, Erin Daly's book comes as a breath of fresh air. It sets before the reader the broad comparative base; points out the key problems that arise; and outlines the principal lines of thought and their development. . . . It treats all of these matters comprehensively and clearly, making an important and original contribution." * From the Foreword by Aharon Barak *"Readers interested in how ideas of dignity have evolved in court cases will find this book illuminating. Erin Daly admirably succeeds in showing how courts have given concrete meaning to this unbounded concept in particular cases." * Rebecca Cook, University of Toronto *Table of ContentsForeword —Aharon Barak Introduction Chapter 1. "Of All Members of the Human Family" Chapter 2. "Not . . . a Mere Plaything" Chapter 3. "The Minimum Necessities of Life" Chapter 4. "Master of One's Fate" Chapter 5. "What Respect Is Due" Chapter 6. "The Beginning and the End of the State" Notes Index Acknowledgments
£25.19
MP-CUA Catholic Uni of Amer The Common Legal Past of Europe 10001800
Book SynopsisThis is a broad history of the western European legal tradition. The author examines the common law of Europe, the ""ius commune"", and its influence on the ""ius propria"", the laws of everyday life. He argues that as Europe's economic borders crumble, it is time for a new common law.
£23.70
MP-VIR Uni of Virginia Judicial Independence in the Age of Democracy
Book SynopsisThis collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy - judicial independence, from an international comparative perspective. It concludes by comparing many regimes from across the world.
£90.30
New York University Press Global Justice Reform
Book SynopsisA rare comparative study of judicial systems throughout the world.Trade ReviewA valiant effort to foster understanding of perplexing reform questions of global justice and national judicial system. * Choice,highly recommended *This book is a greatly needed assessment of the methodologies used to study and implement justice reform. * Perspectives on Politicts *Global Justice Reform closes the gap between the grand designs of transitional restructuring espoused by the Washington Consensus and the reality of weak legal institutions in much of the developing world. It gives an edge to the comparative method by linking its mission to the most fundamental problems facing legal systems. -- Paul B. Stephan,Lewis F. Powell, Jr. Professor of Law, University of Virginia School of LawChodosh provides the compass to help us navigate the treacherous shoals of comparative law reform. Using insights gleaned from his expertise on both India and Indonesia, he proves the search for global justice is well worth the risk. -- Adrien Katherine Wing,Bessie Dutton Murray Professor of Law, University of IowaThe subject of Global Justice Reform could hardly be more important, or the author better equipped to address it. Integrating his theoretical work on comparative law with his extensive, on-the-ground experience with legal systems in India, Indonesia, the Mideast, and other developing areas, Hiram Chodosh provides a constructive program for clear thinking about the vital task of judicial reform throughout our shrinking world. -- Peter H. Schuck,Simeon E. Baldwin Professor of Law, Yale UniversityTable of ContentsContentsPreface part i: In Search of Methodology1 Introduction 2 The Comparative Method: Which Method?!? 3 Comparing Comparisons part ii: In Search of Justice Reform4 The Most Neglected Branch 5 Between Rocks and Hard Places 6 Emergence from the Dilemmas 7 Conclusion: The Prospects for a Comparative Methodology in Global Justice Reform Notes Bibliography Index About the Author
£48.60
Peter Lang Publishing Inc Judging in Black and White
Book SynopsisDespite the increasing recognition of judges as political actors, few studies have empirically explored the role and function of courts in repressive regimes. Based on individual case studies as well as empirical analyses of all the reported decisions of the highest appellate court in South Africa, Judging in Black and White: Decision Making in the South African Appellate Division, 1950-1990 creates a portrait of the individuals who staffed the bench during the rise and fall of apartheid. This book explores the dilemma of judging in a system that juxtaposes the formal law and the repressive law. Regardless of their adherence to a formal-law approach to judging, the adjudicative function cannot be fully separated from the larger moral questions embedded in these systems. This text evaluates the response of judges to this dilemma through institutional, individual and longitudinal analyses of judicial decision making.
£22.90
Peter Lang Inc., International Academic Publishers The Nigerian Legal System Volume 2 Private Law
Book SynopsisThe Nigerian Legal System covers the whole spectrum of Nigerian law and encompasses source materials and analyzes them in a manner unprecedented by any work on the Nigerian legal system. Volume I, Public Law has thirteen chapters on constitutional development, customary law with regards to human rights, and criminal law and procedure among others. Volume II has twenty-five chapters on private law that includes inheritance and succession, commercial business, trade and investments, and intellectual property. Volume III focuses on international law.Trade Review«Tackling the Nigerian legal system is a daunting enterprise by any standard and Charles Mwalimu faced it with such courage and energy that he deserves unmitigated praise. The sheer volume of the work, not to mention the necessary research and scholarship, defies all but the finest and most brilliant academic and intellectual. Congratulations on this unquantifiable legacy.» (Dr. Joseph Olakunle Orojo, Chartered Arbitrator in the United Kingdom)
£111.33
Peter Lang Inc., International Academic Publishers Nowhere to Hide Defeat of the Sovereign Immunity
Book Synopsis
£22.90
Fordham University Press Administering Interpretation
Book SynopsisTable of ContentsIntroduction Peter Goodrich and Michel Rosenfeld | 1 I Reconstructing Interpretative Communities 1. Interpretations as Hypotheses Bernhard Schlink | 11 2. Antonin Scalia, Bernhard Schlink, and Lancelot Andrewes: Reading Heller Stanley Fish 22 3. The Interpreter, the Analyst, and the Scientist Jeanne L. Schroeder | 38 4. Law against Justice and Solidarity: Rereading Derrida and Agamben at the Margins of the One and the Many Michel Rosenfeld | 54 II Derrida and Dissimulation 5. Jacques Derrida Never Wrote about Law Pierre Legrand | 105 6. Derrida’s Legal Times: Decision, Declaration, Deferral, and Event Bernadette Meyler | 147 7. Derrida’s Shylock: The Letter and the Life of Law Katrin Trüstedt | 168 III The Justice of Administration 8. A Postmodern Hetoimasia—Feigning Sovereignty during the State of Exception Marinos Diamantides | 189 9. Contra Iurem: Giorgio Agamben’s Two Ontologies Laurent de Sutter | 234 IV CounterPlaces, CounterTimes 10. Cities of Refuge, Rebel Cities, and the City to Come Giovanna Borradori | 253 11. A Ghost Story: Electoral Reform and Hong Kong Popular Theater Marco Wan | 272 12. Appearing under Erasure: Of War, Disappearance, and the Contretemps Allen Feldman | 290 List of Contributors | 323 Index | 329
£27.90
Fordham University Press Administering Interpretation Derrida Agamben and
Book SynopsisTable of ContentsIntroduction Peter Goodrich and Michel Rosenfeld | 1 I Reconstructing Interpretative Communities 1. Interpretations as Hypotheses Bernhard Schlink | 11 2. Antonin Scalia, Bernhard Schlink, and Lancelot Andrewes: Reading Heller Stanley Fish 22 3. The Interpreter, the Analyst, and the Scientist Jeanne L. Schroeder | 38 4. Law against Justice and Solidarity: Rereading Derrida and Agamben at the Margins of the One and the Many Michel Rosenfeld | 54 II Derrida and Dissimulation 5. Jacques Derrida Never Wrote about Law Pierre Legrand | 105 6. Derrida’s Legal Times: Decision, Declaration, Deferral, and Event Bernadette Meyler | 147 7. Derrida’s Shylock: The Letter and the Life of Law Katrin Trüstedt | 168 III The Justice of Administration 8. A Postmodern Hetoimasia—Feigning Sovereignty during the State of Exception Marinos Diamantides | 189 9. Contra Iurem: Giorgio Agamben’s Two Ontologies Laurent de Sutter | 234 IV CounterPlaces, CounterTimes 10. Cities of Refuge, Rebel Cities, and the City to Come Giovanna Borradori | 253 11. A Ghost Story: Electoral Reform and Hong Kong Popular Theater Marco Wan | 272 12. Appearing under Erasure: Of War, Disappearance, and the Contretemps Allen Feldman | 290 List of Contributors | 323 Index | 329
£96.90
Edward Elgar Publishing Ltd copyrightandthepublicinterestinchina
Book SynopsisGuan Hong Tang expertly highlights how the multidimensional concept of public interest has influenced the development and limitations of Chinese copyright. Comparing Chinese copyright law with the USA and the UK, topical issues are presented in this unique book including those arising within education, library and archives sectors.Trade ReviewGuan Hong Tang's book offers a fresh, insightful and scholarly treatment of the relationship between the law of copyright and the public interest in China. Copyright legislation in China is a novelty, dating from 1990, and Dr Tang provides a vivid overview of the historical and cultural tensions between traditional Chinese Confucianism and the very concept of copyright, tensions which more recent legislation and case law seek to address. --- Gillian Davies, Hogarth Chambers, UKTable of ContentsContents: Introduction 1. The Opening Up to the World of a Once Isolated Nation 2. Authorship, Access and the Public Interest 3. Administrative Copyright Enforcement – the Authorship Public Interest 4. Public Education, Copyright and the Public Interest 5. Public Libraries, Copyright and the Public Interest 6. Public Archives, Public Copyright and the Public Interest Conclusion Appendix: Timeline of Chinese History Bibliography Index
£108.00
Edward Elgar Publishing Ltd Comparative Law and Economics
Book SynopsisContemporary law and economics has greatly expanded its scope of inquiry as well as its sphere of influence.Trade Review'To date, economic analysis has not realized its enormous potential for illuminating issues of comparative law. The Research Handbook in Comparative Law and Economics fills that gap. Edited by eminent scholars in the field, this book demonstrates the power of economic methodology to illuminate theoretical and policy-oriented issues across many legal systems. It should be essential reading for anyone interested in cutting edge research in the fields of economic analysis and comparative law.' --Geoffrey Miller, New York University, Law School, US'This remarkable volume shows off the eclectic potential of the comparative law and economics brand. It is comparative not only in assembling scholars from around the world and in zipping from Taiwanese civil disputes to international high courts to drug regulators for case studies, but most importantly in highlighting an empirical methodology that welcomes a range of complementary approaches that broadens the core economic analysis of law. It's a fascinating tour across boundaries.' --Stewart J. Schwab, Cornell Law SchoolTable of ContentsContents: PART I THEORETICAL ISSUES 1. The Past, Present and Future of Comparative Law and Economics Giovanni B. Ramello 2. Markets, Contracts, and Firms: A Unified Model of Organizational Choice Thomas J. Miceli 3. Law, Social Norms, and Standards: Their Nexus with Government and their Impact on the Economic Performance of Nation States Nicholas Mercuro 4. The Market for Legal Innovation: Law and Economics in Europe and the United States, Nuno Garoupa and Thomas S. Ulen 5. Principles, Tolerance and Institutional Torpor Enrico Colombatto PART II SELECTED CASES 6. Structure and Style in Comparative Property Law Yun-chien Chang and Henry E. Smith 7. A Comparative View of Local Tax and Expenditure Limitations and their Consequences Federico Revelli 8. Iron Fist in a Velvet Glove? Judicial Behavior in Mixed Courts Valerie P. Hans and Anne Jolivet 9. Global Competition Law Convergence: Potential Roles for Economics David J. Gerber 10. The Comparative Law and Economics of Energy Markets Giuseppe Bellantuono 11. A Comparative Law and Economics Analysis of Damages for Patent Infringement Thomas F. Cotter 12. The Comparative Economics of International Intellectual Property Agreements Peter K. Yu 13. Copyright and Tort as Mirror Models: On Not Mistaking for the Right Hand What the Left Hand is Doing Wendy J. Gordon 14. The Eurozone Crisis, the Defective Policy Response and the Need for Institutional Innovation Enrico Marelli and Marcello Signorelli PART III EMPIRICAL INVESTIGATIONS 15. The Effect of Stakes on Settlement: An Empirical Lesson from Taiwan Kuo-Chang Huang 16. Comparative Judicial Efficiency: Examining Case Disposition in Five Countries' Courts of Last Resort Anthony Kreis, John Szmer and Robert K. Christensen 17. Copyright Law and the Supply of Creative Work: Evidence from the Movies Ivan Paak Liang Png and Qiu-hong Wang 18. International Environmental Agreement Effectiveness: A Review of Empirical Studies Kendall A. Houghton and Helen T. Naughton 19. The American and the European Market of Human Experimentation, A Comparative Study on Regulation and Competitiveness Antonella Foddis and Roberto Ippoliti Index
£180.00
Edward Elgar Publishing Ltd Law Applicable to Copyright
Book SynopsisThis book discusses the problems of applicable law in international copyright infringement cases and examines the solutions proposed to them in the recent projects by the American Law Institute and the European Max Planck Group for Conflict of Laws and Intellectual Property.Table of ContentsContents: Preface 1. Introduction General Part: Status Quo 2. Main Rules 3. Evaluation and Alternatives Specific Part: ALI and CLIP Proposals 4. Introduction to the ALI and CLIP Proposals 5. Lex Loci Protectionis and the Territoriality Principle 6. De Minimis Rule 7. Ubiquitous Infringements Rule 8. Initial Ownership 9. Party Autonomy 10. Conclusions Bibliography Index
£98.80
Edward Elgar Publishing Ltd Transnational Law of Sports
Book SynopsisThis comprehensive collection of leading articles covers legal issues that have arisen out of international sports competition and its management.Trade Review‘Sports lawyers, or any practitioner involved in international sport and the legal issues surrounding it should acquire a copy of this reference book recently published by Edward Elgar. Edited by James A.R. Nafziger, Transnational Law of Sports is part of Elgar 's major new International Law series, the purpose of which is to bring together the most important papers and scholarly research in this continually changing field.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Acknowledgements Introduction James A.R. Nafziger PART I The ORIGINS 1. Kalevi Heinilä (1966), ‘Notes on the Inter-Group Conflicts in International Sport’ 2. James A.R. Nafziger (1971), ‘The Regulation of Transnational Sports Competition: Down from Mount Olympus’ PART II THE EMERGING FRAMEWORK A. International 3. James A.R. Nafziger (1992), ‘International Sports Law: A Replay of Characteristics and Trends’ 4. Andreas Wax (2010), ‘Public International Sports Law—A “Forgotten” Discipline?’ 5. Christoph Vedder (1984), ‘The International Olympic Committee: An Advanced Non-Governmental Organization and the International Law’ 6. David J. Ettinger (1992), ‘The Legal Status of the International Olympic Committee’ 7. Christina Michalos (2006), ‘Five Golden Rings: Development of the Protection of the Olympic Insignia’ B. Regional 8. Luc Silance (1977), ‘Interaction of the Rules in Sports Law and the Laws and Treaties Made by Public Authorities’ 9. James A.R. Nafziger (2008), ‘A Comparison of the European and North American Models of Sports Organisation’ 10. Anastasios Kaburakis (2008), ‘The US and EU Systems of Sport Governance: Commercialized v. Socio-Cultural Model—Competition and Labor Law’ 11. Stephen Weatherill (2000), ‘Resisting the Pressures of “Americanization”: The Influence of European Community Law on the “European Sport Model”’ 12. Robert C.R. Siekmann (2011), ‘The Specificity of Sport: Sporting Exceptions in EU Law’ 13. Stephen Weatherill (2003), ‘”Fair Play Please!”: Recent Developments in the Application of EC Law to Sport’ 14. Thomas M. Schiera (2007), ‘Balancing Act: Will the European Commission Allow European Football to Reestablish the Competitive Balance That It Helped Destroy?’ 15. Lloyd Freeburn (2009), ‘European Football’s Home-Grown Players Rules and Nationality Discrimination Under the European Community Treaty’ 16. Stephen Weatherill (2006), ‘The Sale of Rights to Broadcast Sporting Events Under EC Law’ 17. Robert Siekmann (2006), ‘Study into the Possible Participation of EPFL and G-14 in a Social Dialogue in the European Professional Football Sector’ PART III ETHICAL-LEGAL ISSUES A. Doping 18. Christie Aschwanden (2012), ‘The Science of Doping’ and ‘The Future of Cheating’ 19. Klaus Vieweg (2004), ‘The Definition of Doping and the Proof of a Doping Offense (An Anti-Doping Rule Violation) Under Special Consideration of the German Legal Position’ 20. Robyn R. Goldstein (2007), ‘An American in Paris: The Legal Framework of International Sport and the Implications of the World Anti-Doping Code on Accused Athletes’ 21. Lorenzo Casini (2009), ‘Global Hybrid Public-Private Bodies: The World Anti-Doping Agency (WADA)’ 22. Richard H. McLaren (2006), ‘An Overview of Non-Analytical Positive & Circumstantial Evidence Cases in Sports’ 23. Dionne L. Koller (2008), ‘From Medals to Morality: Sportive Nationalism and the Problem of Doping in Sports’ B. Corruption 24. Richard H. McLaren (2008), ‘Corruption: Its Impact on Fair Play’ C. Ambush Marketing 25. Steve Cornelius (2011), ‘Ambush Marketing in Sport’ PART IV DISPUTE RESOLUTION 26. James A.R. Nafziger (2002), ‘Dispute Resolution in the Arena of International Sports Competition’ 27. James A.R. Nafziger (2010), ‘The Principle of Fairness in the Lex Sportiva of CAS Awards and Beyond’ 28. Richard H. McLaren (2001), ‘The Court of Arbitration for Sport: An Independent Arena for the World’s Sports Disputes’ 29. Darren Kane (2003), ‘Twenty Years On: An Evaluation of the Court of Arbitration for Sport’ 30. James H. Carter (2008), ‘The Law of International Sports Disputes’ 31. Richard H. McLaren (2010), ‘Twenty-Five Years of the Court of Arbitration for Sport: A Look in the Rear-View Mirror’ 32. Matthew J. Mitten (2009), ‘Judicial Review of Olympic and International Sports Arbitration Awards: Trends and Observations’ 33. Ian Blackshaw (2002), ‘Sport and Mediation’ PART V THE FUTURE 34. James A.R. Nafziger (2006), ‘The Future of International Sports Law’
£320.15
Edward Elgar Publishing Ltd Local Climate Change Law
Book SynopsisLocal Climate Change Law examines the role of local government, especially within cities, in addressing climate change through legal, policy, planning and other tools.Trade ReviewOverall, Local Climate Change Law provides an in-depth analysis of the benefits and difficulties of local climate change regulation and is an important reference work for students, lawyers, policy practitioners, and government officials. --Catherine Foley, Climate LawTable of ContentsContents: Preface Willemien du Plessis and Melissa Powers PART I: FRAMEWORK FOR LOCAL CLIMATE CHANGE LAW 1. Local Climate Change Law Benjamin J. Richardson 2. Transnational Voluntary Climate Change Initiatives for Local Governments: Key Variables, Drivers and Likely Effects Stepan Wood and Kevin Thompson PART II: LOCAL CLIMATE ACTION IN NORTH AMERICA 3. Local Climate Change Law and Multi-level Governance in North America Scott Pasternack 4. Suburban Climate Change Efforts in Minnesota: Implications for Multi-level Mitigation Strategies Hari M. Osofsky 5. US Municipal Climate Plans: What Role Will Cities Play in Climate Change Mitigation? Melissa Powers 6. Local Solutions to a Global Problem? Climate Change Policy-making in Vancouver Elizabeth Schwartz 7. Climate Governance at the Municipal Level in Canada: A Case Study of Mitigation Efforts in Halifax Meinhard Doelle and Kaija Belfry Munroe 8. Measuring Climate Action in Vancouver: Comparing a City’s Greenhouse Gas Emissions Inventory Protocol to the Inventory of Consumption Jennie Moore 9. Indigenous Peoples and Climate Change Policies: A Comparative Assessment of Indigenous Governance Models in Canada Sophie Thériault PART III: LOCAL CLIMATE ACTION IN GLOBAL PERSPECTIVE 10. Local Climate Action in the European Union Marjan Peeters 11. Climate Governance in China: Using the ‘Iron Hand’ Jolene Lin 12. Legal Frameworks for Local Adaptation in Australia: The Role of Local Government in Water Governance in a Climate Change Era Lee Godden 13. Climate Governance in South African Municipalities: Opportunities and Obstacles for Local Government Anél du Plessis Index
£132.00
Liberty Fund Inc Introduction to the Study of the Law of the
Book Synopsis
£10.95
Holo Books The Arbitration Press Disputes and Differences Comparisons in Law
Book SynopsisThirty-eight papers written over fifty years show that anyone who wants to understand law can benefit from the insights of linguistics, history and anthropology. Equally important are the techniques of other disciplines, particularly the comparative method. In Part 1 the emphases are on law reform, human rights and peace, protection of the environment, and the relations between customary law and introduced state law. Part 2 illustrates a conviction that the study of language can illuminate legal problems. It combines historical researches, intended to explode the dangerous myth that the English common law can be transacted only in the English language, with justifications of, reports on and analyses of the creation of a Chinese Digest of the common law in Hong Kong. Part 3 tries to discover, describe and understand the historical development of methods of managing disputes. Part 4 makes suggestions about the relation of theory to practice.
£34.00
Cambridge University Press A Regulatory Design for Financial Stability in
Book Synopsis
£28.49
Cambridge University Press Contemporary French Administrative Law
Book SynopsisDespite the growing scholarly interest in comparative public law, there remain relatively few works on the subject. Contemporary French Administrative Law aims to redress that imbalance, offering English-language readers an authoritative introduction to the key features of French administrative law and its institutions. The French legal system is among the most well-developed and influential in the world, and, as procedures continually adapt to European and international influences, it has never been more worthy of research, study and interrogation. This book employs a wide range of recent, illustrative cases to demonstrate how French administrative law works both in theory and in practice. Using a systematic approach and covering everything from judicial review to public contracts, this is a highly valuable text for any student or researcher with an interest in French law. The book is also available as Open Access.Table of Contents1. Introduction; 2. The institutional and legal context of administrative law; 3. Courts and judges; 4. The procedure for making claims against public authorities; 5. The distinction between public law and private law; 6. Judicial review: procedure; 7. Maintaining legality: the grounds of review; 8. State liability; 9. Claims relating to public contracts; 10. Conclusion.
£29.44
Cambridge University Press Courts that Matter
Book SynopsisCourts around the world regularly issue rulings on the socioeconomic rights of citizens, but the impact of these decisions varies widely. This book compares the experiences of two very assertive high courts in Colombia and Argentina to examine the differing impacts of landmark socioeconomic rights decisions.Trade Review'Courts that Matter is the best book on judicial impact I've read in some time. Botero's key empirical contribution is to highlight the use of monitoring mechanisms and collaborative oversight arenas by courts seeking to avoid some longstanding pitfalls facing effective implementation of their decisions. The book's theoretical contribution is even more ambitious. Botero shows that at their best, judicial institutions sometimes collaborate with other key actors in the state and civil society to foster increased attention to, and deliberation about, entrenched practices of rights violation. Rather than displacing democratic politics from the outside, court decisions sometimes create new political spaces in which democratic politics can proceed.' Thomas Moylan Keck, Michael O. Sawyer Chair of Constitutional Law and Politics, Syracuse University Maxwell School of Citizenship and Public Affairs'Courts That Matter is a must read for anyone interested in the big 'so what?' question of judicial politics: Do landmark court judgments make a difference in practice? – and, if so, when? and how? Through rigorous analysis of iconic judgments, Botero brings out their multidimensional influence on larger processes of change, and convincingly argues that monitoring mechanisms and legally empowered civil society organizations are significant in coproducing impact.' Siri Gloppen, Professor of Comparative Politics and Founding Director, Centre on Law & Social Transformation, University of Bergen'This insightful study offers a careful and detailed comparative analysis of when and how courts can make a difference in complex socioeconomic rights cases. This is a must read for anyone interested in how rights can have an impact on the ground.' David Landau, Mason Ladd Professor and Associate Dean for International Programs, Florida State University College of Law'In Courts that Matter, Sandra Botero squarely faces the challenging question of when and how these non-elected, non-representative political actors become effective agents of social change. Botero convincingly shows that whereas courts have 'neither purse nor sword' they do have much more than 'merely judgement'. After rendering decisions in socioeconomic rights, courts can deploy a series of oversight mechanisms that help coordinate advocacy organizations and political actors to turn them into real social transformation. A series of well-crafted and engaging analyses of courts' decisions in Argentina, Colombia, and India provide compelling evidence of the argument and shed light on its nuances. Courts that Matter is a great resource for social scientists, legal scholars, activists, and judges alike.' Julio Ríos-Figueroa, Professor of Political Science and Law, ITAM, Mexico City'Courts have become central actors in some democracies of the Global South. This book specifies the social and institutional mechanisms that have made this phenomenon possible. Sandra Botero makes a fundamental contribution to understanding the long-standing debate on the ability of judges to bring about significant social and political change through their decisions.' Mauricio García Villegas, Professor of Politics and International Relations, National University of ColombiaTable of Contents1. Introduction; 2. Co-producing judicial impact; 3. Collaborative oversight arenas; 4. Assessing the effects of monitoring mechanisms and legal constituencies; 5. Low impact cases; 6. Collaborative Monitoring in India; 7. Conclusions; 8. Appendices.
£90.25
Cambridge University Press The Cambridge Handbook of International and
Book SynopsisThis volume describes and critically analyzes the international and regional frameworks of trademark law. A valuable resource for scholars, practitioners, and policy-makers, the book also provides comparative perspectives on substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names.Trade Review'With brands assuming ever greater importance and value in the global market, this work is a much needed, comprehensive and insightful contribution from leading global experts.' Francis Gurry, Director General, World Intellectual Property Organization'Trademark law, and its policy underpinnings, are experiencing an unprecedented period of dynamism and diversity; this substantial volume meets the consequent need for an authoritative and systematic survey of this brisk evolution, internationally and in key national jurisdictions.' Antony Taubman, Director, Intellectual Property, Government Procurement and Competition Division, World Trade Organization'All regions of the world continue to promote brand protection to enhance the value of goods and services for economic development. This book is a remarkable resource for diverse stakeholders, including users, policy makers, lawyers and academics.' Fernando dos Santos, Director General, African Regional Intellectual Property Organization (ARIPO)'Just from looking at the table of contents - and, even more, the list of contributors - one knows that this is a must-read book for anyone practicing or writing in the field of trade mark law.' Sir Robin Jacob, Hugh Laddie Professor of IP Law, University College London'Comprising a pantheon of leading specialists on trademark law from around the world, this Handbook is by far the most comprehensive and important collection of commentary on international and comparative trademark law yet produced.' Barton Beebe, John M. Desmarais Professor of Intellectual Property Law, NYU School of Law'A truly useful resource for lawyers, policy makers and academics, this volume offers a highly relevant and up-to-date collection in the field. The editors have assembled a stellar group of authors, who masterfully discuss complex issues from many jurisdictions.' Alexander von Mühlendahl, Attorney-at-Law, Bardehle Pagenberg, and Visiting Professor, Queen Mary University of LondonTable of ContentsPart One. International Aspects of Trademark Protection; Part Two. Comparative Perspectives on Trademark Protection; Part II.
£32.99
Cambridge University Press The Cambridge Handbook of the Law of Algorithms
Book SynopsisFeaturing thirty-five chapters from US, EU, and Asian scholars, this volume explores how algorithms are not only challenging current law, but also the foundations of society itself. The book's interdisciplinary approach makes it a key resource for scholars of law, information and computer science, and engineering, as well as legislators.Trade Review'… timely … Highly recommended.' S. Clerc, ChoiceTable of ContentsPart I. Introduction and Setting the Stage for a Law of Algorithms: 1. An introduction to law and algorithms Woodrow Barfield and Jessica Barfield; 2. The opinion of machines Curtis E. A. Karnow; 3. Private accountability in an age of artificial intelligence Sonia K. Katyal; 4. Algorithmic legitimacy Ari Ezra Waldman; 5. Understanding transparency in algorithmic accountability Margaret Kaminsky; Part II. Business, Regulations, and Decision Making with Algorithms: 6. Algorithms and contract law Lauren Henry Scholz; 7. Algorithms, agreements, and agency Shawn Bayern; 8. Algorithmic governance and administrative law Steven M. Appel and Cary Coglianese; 9. Discrimination in the age of algorithms Robin Nunn; 10. Algorithmic competition, collusion and price discrimination Salil K. Mehra; 11. The rule of law and algorithmic governance Ronan Kennedy; 12. Governance of algorithms: rethinking public sector use of algorithms for predictive purposes Anjanette H. Raymond and Ciabhan Collelly; 13. From rule of law to statute drafting: legal issues for algorithms in government decision-making Monika Zalnieriute, Lisa Burton Crawford, Janina Boughey, Lyria Bennett Moses and Sarah Logan; 14. Algorithmic decision systems: using automation and machine learning in the public administration David Restrepo Amariles; 15. From legal sources to programming code: automatic individual decisions in public administration and computers under the law Dag Wiese Schartum; Part III. Intellectual Property and Algorithms: 16. Inventive algorithms and the evolving nature of innovation Ryan Abbott; 17. Software patenting and Section 101's gatekeeping function Andrew Chin; 18. Intellectual property as a crossroad: awarding IP protection for algorithms Aviv Gaon; Part IV. Criminal Law, Tort Issues and Algorithms: 19. The use of algorithms in criminal adjudication Andrea Roth; 20. Assessing risk of offending through algorithms Christopher Slobogin; 21. Injury by algorithms Seema Ghatnekar Tilak; 22. When do algorithmic tortfeasors that caused damage warrant unique legal treatment? Karni Chagal-Feferkorn; Part V. Constitutional Law, Human Rights, and Algorithms: 23. Tort-law applying a 'reasonableness' standard to algorithms Karni Chagal-Feferkorn; 24. Human rights-based approach to AI and algorithms: concerning welfare technologies Jedrzej Niklas; 25. Four modes of speech protection for algorithms Kyle Langvardt; 26. Algorithms and freedom of expression Manasin (Veenu) Goswami; 27. Artificial minds in first amendments borderlands Marc Jonathan Blitz; 28. The first amendment and algorithms Stuart Minor Benjamin; 29. Algorithmic analysis of social behavior for profiling, ranking, and assessment Nizan Geslevich Packin and Yafit Lev-Aretz; 30. Algorithmic stages in privacy data analytics: process and probabilities Ronald P. Loui, Arno R. Lodder, and Stephanie A. Quick; Part VI. Applications and Future Directions of Law and Algorithms: 31. Moral machines: the emerging EU policy on 'Trustworthy AI' Andrea Renda; 32. Law in the Turing's Cathedral Nicola Lettieri; 33. Arguing over algorithms: mapping the dilemmas in operationalizing 'ethical' artificial intelligence Mariano-Clorentino Cuellar and Robert J. MacCoun; 34. Embodiment and algorithms for human robot interaction Yueh-Hsuan Weng and Chih-Hsing Ho; 35. On being trans-human: commercial BCIs and the quest for autonomy Argyro P. Karanasiou.
£34.99
