Jurisprudence and general issues Books

Book SynopsisMore than at any other time in history, today, law governs us all. As a result, some level of knowledge of the law is becoming increasingly important at all levels. It is especially useful for students of law, international relations, politics, and social sciences. International professionals as well as civil society organisations also benefit from the basic knowledge of law. In the post-war era, it is not only domestic laws, but also international laws that govern our individual rights, duties, and social interactions, including international relations. This is particularly the case in the fields of peace, security, human rights, international crime, environmental protection, and world trade. Moreover, the demand for harmonisation between domestic and international law has, in many respects, caused international law to become the main source for the creation and development of domestic law. This book offers a comparative perspective on the basic concepts and ideas about law and state. It was created in response to a number demands. It is written in a simple and comprehensive style so that general readers, law students, paralegals, and students from different social science disciplines can, in a straightforward fashion, all understand the legal concepts, legal philosophy, and law-state relationships in the context of globalisation, international cooperation, and the maintaining of the rule of law at the domestic level. This book aims to offer legal knowledge not only to students who are required to study law as an introductory course, but also to general readers on a wider scale. Its treatment is not confined to a particular legal system full of technical jargons, but rather explains general legal principles applicable to different legal systems in a non-technical manner, allowing the reader to understand the basic legal concepts from a general standpoint.

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Book SynopsisFrom the bestselling author of Bad Medicine and its sequel Bad Judgment comes a wide-ranging, magisterial summation of the years-long intellectual and personal journey of an Alberta jurist who went against the grain and actually learned about Canadas indigenous people in order to become a public servant. Probably my greatest claim to fame is that I changed my mind, writes John Reilly in this broadly cogent interrogation of the Canadian justice system. Building on his previous two books, Reilly acquaints the reader with the ironies and futilities of an approach to justice so adversarial and dysfunctional that it often increases crime rather than reducing it. He examines the radically different indigenous approach to wrongdoing, which is restorative rather than retributive, founded on the premise that people are basically good and wrongdoing is the aberration, not that humans are essentially evil and have to be deterred by horrendous punishments. He marshalls extensive evidence, including an historic 19th-century US case that was ultimately decided according to Sioux tribal custom, not US federal law. And then he just comes out and says it: My proposition is that the dominant Canadian society should scrap its criminal justice system and replace it with the gentler, and more effective, process used by the indigenous people. Punishment; deterrence; due process; the socially corrosive influence of anger, hatred and revenge; sexual offences; the expensive futility of wars on drugs; the radical power of forgivenessall of that and more gets examined here. And not in a bloodlessly abstract, theoretical way, but with all the colour and anecdotal savour that could only come from an author who spent years watching it all so intently from the bench.

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Book Synopsis This book develops a socio-economic paradigm of the future in the context of digital transformation. The challenge of economic openness is considered through the globalization of the world economic system by the example of modern Russia. The tendency of archaization of socio-economic relations is explored which is connected with the gradual disappearance of ineffective institutes and their replacement by new institutes. Attention is paid to the regional aspect of the digital economy – perspectives of development of the ethno-economy in the context of integration of regional economic systems are determined. The problem of preserving social identity and supporting the uniqueness of competitive advantages of the region’s economy in the conditions of digitization is actualized, and its perspective solutions based on a region’s globalization management are offered. Also, the problem of national and regional food security is considered. Increased social significance of the agro-industrial complex and the necessity for its de-economization on the platform of the digital economy are substantiated. A new concept of the market economy in the conditions of digitization and the Fourth industrial revolution is developed; economic power of technological progress and possibilities of managing and re-directing this power are determined. The authors substantiate the transition to the Sixth technological mode and the related transformation processes in the economy. Also, the authors dwell on the problem of the shadow economy and corruption and consider the perspectives of its overcoming based on the possibilities of digital technologies. The idea of de-regulation based on the possibilities of automatization and AI is opposed to the idea of increase of state regulation based on ubiquitous computing and digital monitoring of economic activities. The perspectives of increasing the economy’s transparency in the digital age are proved. The alternatives to the current model of development of the digital economy are given, and scenario analysis of consequences of observing these models based on the cognitive approach is performed. New opportunities for development of the integration processes in entrepreneurship in the conditions of the digital economy are shown – in particular, in the aspect of inter-regional and transnational sectorial clustering. Clusters are considered as growth points of the Russian economy, and the new Russian experience of formation and development of clusters in the sphere of higher education in the context of region’s economy is studied. The authors determine the contribution of key technological events in the development of entrepreneurship through the example of modern Russia. They come to the conclusion that despite the unique possibilities digital technologies do not necessarily create additional value for entrepreneurship, and their application could be ineffective due to additional capital expenditures in case of complexity of return of long-term venture investments. The needs of entrepreneurship for innovative infrastructural provision in the context of the digital economy are determined, and barriers on the path of its creation and practical application due to necessity for applying new forms of business organization are shown. Specific features of state management of a region’s economy in the conditions of digital modernization are shown, and the modern Russian practice of e-government as a response to the modern challenges is studied. The authors outline new perspectives of development of public-private partnership as an effective direction of industrial and cluster policy of a modern region.

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Book Synopsis This book determines the specific features of socio-economic transformations of various spheres of the national economy with a focus on the financial system. It considers the development of industrial holdings in the electric energy sphere and also studies the influence of technology on fish farming in modern Russia. The global factors of using digital technologies at the municipal level during creation of "green" and "smart" cities are analyzed. The perspectives of development of tourism in the digital economy from the positions of supply and demand and are determined. The specifics of development of agricultural production in the age of digital transformations by the example of modern Russia are outlined, and "smart" agricultural platform, which allows for multiple increase of the agro-industrial complex’s efficiency, is developed. New possibilities and need in reformation of the international monetary system in the conditions of the Fourth industrial revolution are determined. The problems and perspectives of development of Eurasian stock markets in the modern economic conditions under the influence of wide distribution of digital technologies are systematized. Specific features of the evolution of the forms of money – from gold to crypto currencies are – are distinguished. Specific features of benchmarking of depreciation of currencies (inflation) under the influence of globalization and regionalization of the international monetary system are determined. The authors present a concept of the banking system of the future in the conditions of macro-economic instability, which stimulates financial crisis management of the national economy, and determine the role of banks in aggregation and redistribution of monetary resources in economy in the context of digital transformations. Also, attention is paid to social consequences of digital modernization of the financial system – transformation of human’s social life in the age of innovative banking is shown. Effectiveness of online banking, as a new form of payments that is popular in the digital economy, is analyzed. The authors formulate competencies that employees of banks of the future, which will function in the digital economy, should have and study the perspectives of digitization of the practice of tax administration based on technological processing and analytics of Big Data by the example of experience of modern Russia, as well as related transformation processes in the existing practice of the tax system organization. A concept of organization and management of the national tax system in the conditions of robotization of production and consumption is developed, and the role of blockchain technologies in improvement of the modern Russian tax system is determined. The investment platform for the modern digital economy is offered. As a result, the scientific paradigm of formation of the digital financial system in the conditions of Industry 4.0 is formed.

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Book SynopsisThe timeless validity of Roman law to contemporary jurists

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Book SynopsisBeing a home to more than 80 ethnic groups, Ethiopia has to balance normative diversity with efforts to implement state law across its territory. This volume explores the co-existence of state, customary, and religious legal forums from the perspective of legal practitioners and local justice seekers. It shows how the various stakeholders' use of negotiation, and their strategic application of law can lead to unwanted confusion, but also to sustainable conflict resolution, innovative new procedures and hybrid norms. The book thus generates important knowledge on the conditions necessary for stimulating a cooperative co-existence of different legal systems.

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Book SynopsisA unique comparison of legal solutions referring to animals in Polish and German contract law, as well as EU law.

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Book SynopsisShedding new light on legal formulaicity

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Book SynopsisWhile Bharadwaj is an unflinching observer of the harshness of prison life, this is not a bleak book. It is written with warmth, compassion and impish humour.

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Book SynopsisThe first Book of Legal Lists -- the 10 Bests and Worsts in American law, from the Greatest and Worst Supreme Court Justices to the Greatest Legal Movies. Law aficionados and laymen alike will learn things about law that even experts do not know and cannot be found in any other book.Trade Review'Based on US law, here is everything for the compulsive list compiler from the ten worst supreme court decisions to the ten greatest legal films. A collection of trivia questions and answers.'

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Book SynopsisThe rules governing who will be punished and how much determine a society''s success in two of its most fundamental functions: doing justice and protecting citizens from crime. Drawing from the existing theoretical literature and adding to it recent insights from the social sciences, Paul Robinson describes the nature of the practical challenge in setting rational punishment principles, how past efforts have failed, and the alternatives that have been tried. He ultimately proposes a principle for distributing criminal liability and punishment that will be most likely to do justice and control crime. Paul Robinson, is one of the world''s leading criminal law experts. He has been writing about criminal liability and punishment issues for three decades, and has published dozens of influential articles in the best scholarly journals. This long-awaited volume is a brilliant synthesis of social science research and legal reasoning that brings together three decades of work in a compelling line of argument that addresses all of the important issues in assessing liability and punishment.Table of ContentsChapter 1. Distributing Criminal Liability and Punishment ; Chapter 2. The Need for an Articulated Distributive Principle ; Chapter 3. Does Criminal Law Deter? ; Chapter 4. Deterrence as a Distributive Principle ; Chapter 5. Rehabilitation ; Chapter 6. Incapacitation of the Dangerous ; Chapter 7. Competing Conceptions of Desert: Vengeful, Deontological, and Empirical ; Chapter 8. The Utility of Desert ; Chapter 9. Restorative Justice ; Chapter 10.The Strengths & Weaknesses of Alterative Distributive Principles ; Chapter 11.Hybrid Distributive Principles ; Chapter 12. A Practical Theory of Justice: Proposal for a Hybrid Distributive Principle Centered on Empirical Desert ; Index

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Book SynopsisIn order to be effective, federal ethics law must address sources of systematic corruption rather than simply address motives that individual government employees might have to betray the public trust, such as personal financial holdings or family relationships. Getting the Government America Deserve articulates a general approach to combating systemic corruption as well as some specific proposals for doing so. Federal ethics law is relatively unknown in legal academia and elsewhere outside of Washington, D.C., but it is binding on over one million federal employees. Lobbyists, federal contractors, lawyers and others who interact with the federal government are also deeply interested in federal ethics law and represent a surprisingly large market for a little-studied area of the law. Getting the Government America Deserve analyzes government ethics law from the perspective of an academic critic and that of a lawyer who was the chief White House ethics lawyer for two and a half years. Trade Review"Government ethics is an area of the law that is not written about by legal academics and lawyers as much as it should be; it influences everything from how billions of dollars of taxpayer money are spent, to who gets top political appointments and whether this country is at war or at peace. Richard Painter offers concrete ideas for distancing government officials from lobbyists, campaign fundraisers, trade associations and other special interests that can easily drown out the voices of ordinary Americans. His experience includes being the chief White House ethics officer during one of the most challenging times in our recent history. His book has an intriguing set of proposals to address issues that are critical for our country's future. He addresses root causes of corruption in today's government while recognizing that many people in public life want to serve the public rather than special interests." -Walter Mondale, 42nd Vice President of the United States "Getting the Government America Deserves offers a comprehensive analysis and overview of ethics in government in early twenty-first century America. Melding practical experience at the highest levels and the knowledge and perspective gained from years of researching and teaching in the area, Painter provides a thoughtful perspective on crucial questions of accountability, transparency, and integrity in government. This is an original and important contribution that should be of interest to policymakers, attorneys, scholars, teachers, and anyone else who is concerned with how society should regulate the conduct of high-level government officials." -Geoffrey P. Miller, New York University School of Law "Everyone is in favor of ethics, and particularly ethics in government. But once we move from the abstract to the concrete, agreement fades. Professor Richard Painter is in a unique position to contribute to the debate. He is a law professor, the author of several articles, and a book on legal ethics. He was instrumental in persuading Congress to require any lawyer who represents a corporation to report known fraud up the ladder to senior management, and if that does not work, to the client's board of directors. And, he was former ethics counsel for President George W. Bush. His new book, Getting the Government America Deserves, gives us an inside look at how President Bush dealt with issues of government ethics and what President Obama can learn from that experience. This is the book that every well-informed citizen should read. Professor Painter offers substantial concrete proposals to clean up corruption in Washington." l-Ronald D. Rotunda, Chapman University School of LawTable of ContentsChapter 1 ; Government Ethics Rules That Don't Work When We Need Them, Rules We Have That We Do Not Need, And Rules We Need But Don't Have At All ; Gifts and Travel ; Financial Disclosure ; Financial Conflicts of Interest ; Insider Trading ; Covered Relationships and the Impartiality Rule ; The Revolving Door ; Odd Ball Ethics Rules the Executive Branch does not need but Congress thinks it does ; Congress's Rules for Itself - Stringency or Hypocrisy? ; The Rules ; The Honest Leadership and Open Government Act ; Can there be better rules? ; Chapter 2 ; Implementation and Enforcement of Government Ethics Rules - How Big are the Gaps in the System? ; Sex, Drugs, and Rock and Roll - and Matters of Money and Revolving Doors - in Clearing the President's Nominees ; Ethics Training, Monitoring and Enforcement at the Agency Level ; The Office of Government Ethics - An Overworked and Underappreciated Agency ; Inspectors General. Does the White House need one? ; Special Government Employees ; Outsourcing Government Functions - but not Ethics - to Private Contractors ; Chapter3 ; Bagmen in Black Tie or Professional Intermediaries - The Growth of Lobbying and Prospects for Reform ; A Short History ; The Influence of Lobbyists ; K-Street Society on the banks of the Potomac ; Use and Abuse of K Street's Power ; Why the disclosure regime is inadequate and why we need substantive regulation of lobbyists ; Chapter 4 ; Off the Books Lobbying, Electioneering and the Special Purpose Entities that Do It ; Think tanks ; Public Policy Groups ; Legal Policy Groups ; Single Issue Advocacy Groups ; Foreign Governments, Their Friends and Enemies ; Foreign Policy Advocacy Organizations ; Religious Advocacy Groups ; Trade and Industry Associations ; 501c(4) Organizations and 527s ; The Overall Impact of Washington's Special Purpose Entities ; Chapter 5 ; The Official White House Office of Political Affairs, the Unofficial Office of Political Affairs, and Personal Capacity Political Activity by Government Officials ; Chapter 6 ; Building a Bridge to Somewhere - A Perspective on the Cost of Earmarks from the Banks of the Mississippi ; Chapter 7 ; Campaign Finance - The Elephant and Donkey in the Room ; Chapter 8 ; Beyond Ethics and Back - What is Wrong with Government Decision Making? ; Ethics Officials' Scope of Authority is too Narrow ; Government Lawyering is sometimes Excessively Political and Insufficiently Objective ; No Matter how Many Times they Make the Same Mistake, Government Officials Still Succumb to the Psychology of the Cover-up ; Afterword ; Index

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Book SynopsisImagine a human society, perhaps in pre-history, in which people were generally of a psychological kind with us, had the use of natural language to communicate with one another, but did not have any properly moral concepts in which to exhort one another to meet certain standards and to lodge related claims and complaints. According to The Birth of Ethics, the members of that society would have faced a set of pressures, and made a series of adjustments in response, sufficient to put them within reach of ethical concepts. Without any planning, they would have more or less inevitably evolved a way of using such concepts to articulate desirable patterns of behavior and to hold themselves and one another responsible to those standards. Sooner or later, they would have entered ethical space. While this central claim is developed as a thesis in conjectural history or genealogy, the aim of the exercise is philosophical. Assuming that it explains the emergence of concepts and practices that areTrade ReviewThe Birth of Ethics is a magesterial contribution to the study of language and morality. * Alex Miller, International Journal of Philosophical Studies *The Bith of Ethics is a remarkably ambitious and innovative work by one of Australia's most eminent philosophers...: The ultimate success of a book that seeks to change the methods of moral philosophy can only be judged many years after publication. The Birth of Ethics aims to clear a tenable path that leads away from moral scepticism, and for that reason, I believe, it deserves attention. * David Neil, Australian Book Review *Pettit contends that morality is essential for human self-realization as persons. In this regard, his own speculation about the genealogy of morals is markedly different from a long line of philosophical speculations about the origin or morals traceable to Plato and routed through standard relativistic and conventionalist theories ... Recommended. * C. S. Johnson, CHOICE *A very interesting, stimulating and thought-provoking account of the possible origins of morality. * Harry Witzthum, Metapsychology *The book is conceptually rich. Any moral philosopher will find much to ponder here ... Pettit is here trying out a novel, multifaceted, and systematic approach to ethics, from which moral philosophers, whether or not they are ultimately persuaded, will have much to learn. * David Phillips, Notre Dame Philosophical Review *Table of ContentsEditor's Introduction: The View from Erewhon Kinch Hoekstra Introduction: The Guiding Ideas Chapter 1. Reconstructing Morality Chapter 2. Ground Zero Chapter 3. Committing to Others Chapter 4. Committing with Others Chapter 5. Discovering Desirability Chapter 6. Discovering Responsibility Chapter 7. Morality Reconstructed Conclusion: The Claims in Summary Michael Tomasello and Philip Pettit: An Exchange Michael Tomasello & Philip Pettit Commentary on Philip Pettit's The Birth of Ethics Michael Tomasello Reply to Michael Tomasello's Commentary Philip Pettit References Index

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Book SynopsisThis classic edition of Glanvill, by the great medievalist G.D.G.Hall, has now been reissued by Oxford University Press. The treatise on the laws and customs of the realm of England commonly called Glanvill is undoubtedly one of the best-known and most important works of medieval English law. Its itemization and commentary upon writs and the procedure connected with them provides invaluable information in legal practice in the twelfth century, but the treatise has far more than this to offer. It is a work of original analysis, covering such significant topics as dowry, debt, and inheritance, and allowing us a unique insight into the medieval legal mind.Table of ContentsAbbreviations; List and grouping of manuscripts; Introduction; Latin text and English translation; Additional notes; Appendix; Index of writs; General index.

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Book SynopsisIn this book Franz Wieacker tells how legal thinking, writing and teaching started in Europe and how it developed. He begins in the High Middle Ages and describes how the Glossators laid down the foundations by applying methodical criticism and exegesis to the Digest of Justinian. As Reinhard Zimmermann''s foreword shows, Wieacker''s way of telling the history of European legal thought from its origins in medieval Bologna down to the present day and of elucidating the intellectual conditions for its development is a stunning achievement.One of the great strengths of the book lies in its demonstration of the constant interaction between the thinking of lawyers and the general philosophical ideas of their time: between Scholasticism and medieval legal science, between the enlightenment and the Law of Reason, between Classicism (and Romanticism) and Savigny''s Historical School of Law.It is hardly surprising that so ambitious and erudite a work should have become a classic since 1952, wheTrade ReviewTony Weir is a brilliant translator of legal German, and here he has surpassed himself. For this we should be all the more grateful, because Franz Wieacker was one of the great German scholars of the postwar world. His range and depth of learning are unsurpassed..This, in my opinion, is the best general book on European legal history in any language. I say "general" because of the breadth of the enterprise, but it is nonetheless detailed, original, and insightful...it is a book that all legal historians will need to keep close at hand for constant reference...We owe a great debt to Weir for making this work accessible to an English-reading public. * Modern Europe *Oxford University Press and Tony Weir, the translator of the present edition, deserve to be applauded for providing this translation...Tony Weir's translation reads like a work that was originally written in English, so convincing is it...as one might expect from a work bearing the Clarendon Press imprint, the editing is of high quality and accuracy. There is a useful general index and separate index of persons. In these days of European Union, no legal historian or European private lawyer can afford to be without a copy of this book. * Legal History August 1997 *Wieacker's Privatrechtsgeschichte der Neuzeit has long been a classic, and its appearance in English is a major event. Every serious law library outside German-speaking Europe will purchase a copy...The legal world was already deeply indebted to Weir: this book much increases those obligations, in rendering accessible Wieacker's masterpiece. It is to be hoped that more treasures of German scholarship will also one day be translated by Weir himself or others inspired by him. * International and Comparative Law Quarterly *

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Book SynopsisThese essays deal with the academic discipline of law as an enterprise that includes not only education, but also scholarship, legal theorizing, and the production of legal literature. They result in an exploration of the study of law and a reappraisal of the role, culture, and practices of law schools.Trade ReviewI found this book... quite inspirational ... Professor Twining has covered a large canvas in this collection of essays. He has done so in both a clear and engaging manner ... written with a refreshing breadth of vision ... this is a book which sums up in an engagingly personal way most of the important developments in legal education in the past forty years... * J. P. S. McLaren, Faculty of Law, University of Victoria, British Columbia, La Revue du Barreau Canadien, vol. 77, 1998. *Table of Contents1. Introduction ; 2. The Camel in the Zoo ; 3. Reflections on Law in Context ; 4. Pericles and the Plumber ; 5. 1836 and All That ; 6. Taking Facts Seriously ; 7. Evidence and Legal Theory ; 8. Theory in the Law Curriculum ; 9. Legal Skills and Legal Education ; 10. Karl Llewellyn and the Modern Skills Movement ; 11. Reading Law ; 12. The Reading Law Cookbook ; 13. Preparing Lawyers for the Twenty-first Century ; 14. What are Law Schools For? ; 15. Pericles Regained? ; 16. A Nobel Prize for Law?

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Book SynopsisIn this stimulating collection of essays, which range widely over tort law, legal theory, legal history and comparative law, distinguished academics and members of the judiciary pay tribute to the late John Fleming, one of the most important and influential writers on the law of torts and comparative law.Trade ReviewThis excellent collection of essays in honour of John Fleming reflects both his international influence in several legal systems, and also his personal influence as a communicator, teacher and legal problem-solver ... throughout the text, this collection manages (like the scholar it honours) to combine the examination of broad general principles and policies, drawing on several legal categories and systems to see problems in their grand context, whilst at the same time exploring those same problems with a sharp eye for individual detail and nuance ... a thoroughly scholarly and absorbing collection. It is good value - more comprehensive than many other collections of similar price - and can be recommended as a worthy tribute to "the doyen of tort writers". * Janet O'Sullivan, The Cambridge Law Journal 1999 *This Festschrift is a worthy tribute to the towering contribution of Fleming to legal scholarship ... The volume is a valuable contribution to the analysis of contemporary tort problems. It will be of great interest to scholars, advocates and judges throughout the common law jursidictions, and also in European countries. * Johan Steyn, Law Quarterly Review, October 1999 *Table of ContentsHUMAN RIGHTS ; ASPECTS OF NEGLIGENCE ; THEORETICAL PERSPECTIVES ; A EUROPEAN PERSPECTIVE ; PRODUCT LIABILITY ; DELIVERING COMPENSATION ; A BIBLIOGRAPHY OF THE PUBLICATIONS OF JOHN GUNTHER FLEMING

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Book SynopsisJudges spend their public lives in courtrooms. They speak to the public through their judgments. But senior judges are frequently invited to contribute to professional, judicial, or academic conferences or publications, on whatever topic engages the attention of the audience at the time. This book contains a selection of the essays and addresses written or given by the present Senior Law Lord (as a Queen''s Bench judge, Lord Justice of Appeal, Master of the Rolls, and the Lord Chief Justice of England and Wales) over the last 15 years or so, touching on a wide range of legally related topics.Trade Review... beautifully written: scholarly, cogently argued, humorous, and humane. * Counsel, August 2001 *exceptionally thoughtful and illuminating * Marcel Berlins, The Guardian *fine collection of essays and speeches * Florence O'Donoghue, The Spectator *Table of ContentsPART I: THE BUSINESS OF JUDGING ; 1. The Judge as Juror: The Judicial Determination of Factual Issues ; 2. The Judge as Lawmaker: An English Perspective ; 3. The Discretion of the Judge ; PART II: JUDGES IN SOCIETY ; 1. Judicial Independence ; 2. Judicial Ethics ; PART III: THE WIDER WORLD ; 1. 'There is a World Elsewhere': The Changing Perspectives of English Law ; 2. Law in a Pluralist Society ; 3. The Supreme Court of India ; PART IV: HUMAN RIGHTS ; 1. The European Convention on Human Rights: Time to Incorporate ; 2. Should there be a Law to Protect Rights of Personal Privacy? ; 3. The Way we Live Now: Human Rights in the New Millennium ; 4. Tort and Human Rights ; PART V: PUBLIC LAW ; 1. Should Public Law Remedies be Discretionary? ; 2. The Old Despotism ; 3. Mr Perlzweig, Sir John Anderson, and Lord Atkin ; PART VI: THE CONSTITUTION ; 1. The Courts and the Constitution ; 2. Anglo-American Reflections ; PART VII: THE ENGLISH CRIMINAL TRIAL ; 1. The English Criminal Trial: The Credits and the Debits ; 2. Justice and Injustice ; 3. Silence is Golden - or is it? ; 4. A Criminal Code: Must we Wait for Ever? ; PART VIII: CRIME AND PUNISHMENT ; 1. The Sentence of the Court ; 2. Justice for the Young ; 3. The Mandatory Life Sentence for Murder ; 4. Speech on the Second Reading of the Crime (Sentences) Bill ; PART IX: MISCELLANEOUS ; 1. Address to the Centenary Conference of the Bar ; 2. Who Then in Law is my Neighbour? ; 3. The Future of the Common law ; 4. Lecture at Toynbee Hall on the Centenary of its Legal Advice Centre ; 5. Address at the Thanksgiving Service for Lord Denning OM

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Book SynopsisAutonomy is one of the core concepts of legal and political thought, yet also one of the least understood. The prevailing theory of liberal individualism characterizes autonomy as independence, yet from a social perspective, this conception is glaringly inadequate. In this brilliantly innovative work, Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries, and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others--with parents, teachers, employers, and the state. We should not therefore regard autonomy as merely a conceptual tool for assigning rights, but as a capacity that can be fostered or undermined throughout one''s life through the relationships and the societal structures we inhabit. The political project thus should not only be to protect the individual from the state and keep the state out, but to use law to conTable of ContentsTOC

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Book SynopsisThe study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.Trade ReviewThe editors have assembled an extremely impressive list of scholars from law and political science -- a veritable who's who in the field -- and have produced a volume that defines an ambitious agenda for the study of law and politics for the next generation. * John Ferejohn, Carolyn S. G. Munro Professor of Political Science, Stanford University *I strongly recommend purchasing The Oxford Handbook of Law and Politics ... The essays the editors have assassed not only review a solid base of knowledge but they also identify new puzzles to pursue and possibilities for collaboration ... For me, the bottom line is this. I am more excited about our field than I was before reading the handbook. I am anxious to get back to work on the problems the handbook addresses. I would strongly recommend purchasing it and using it in your classes. I surely will. * Jeffrey K. Staton, Emory University, in Law and Politics Book Review *Table of ContentsPART I: INTRODUCTION; PART II: APPROACHES; PART III: COMPARATIVE JUDICIAL POLITICS; PART IV: INTERNATIONAL AND SUPRANATIONAL LAW; PART V: FORMS OF LEGAL ORDER; PART VI: SOURCES OF LAW AND THEORIES OF JURISPRUDENCE; PART VII: THE AMERICAN JUDICIAL CONTEXT; PART VIII: THE POLITICAL AND POLICY ENVIRONMENT OF COURTS IN THE UNITED STATES; PART IX: INTERDISCIPLINARY APPROACHES TO LAW AND POLITICS; PART X: OLD AND NEW

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Book SynopsisTom Bingham (1933-2010) was the ''greatest judge of our time'' (The Guardian), a towering figure in modern British public life who championed the rule of law and human rights inside and outside the courtroom. Lives of the Law collects Bingham''s most important later writings, in which he brings his distinctive, engaging style to tell the story of the diverse lives of the law: its life in government, in business, and in human wrongdoing.Following on from The Business of Judging (2000), the papers collected here tackle some of the major debates in British public life over the last decade, from reforming the constitution to the growth of human rights law. They offer Bingham''s distinctive insight on issues such as the role of the judiciary in a democracy, the implementation of the Human Rights Act, and the development of the rule of law, in the UK and internationally.Written in the accessible style that made The Rule of Law (2010) a popular success, the book will be essential reading for Trade ReviewThis monograph is an original insight into the doctrine of margin of appreciation. It will probably have some considerable impact on academic writing in the area of human rights adjudication. * Kanstantsin Dzehtsiarou, Legal Studies *Few will dispute that Lord Bingham was one fo the most prolific and articulate members of the senior judiciary before his retirement and his untimely death just a few years ago. It is entirely fitting therefore that his extra-judicial writings should be brought together in collections such as this one, which reveal both his deep learning and his passion for the rule of law. * The Commonwealth Lawyer, Vol. 21, No. 2 *The value of this publication is to provide a modern-day exposition of the best thinking behind recent constitutional changes. * Geoffrey Robertson, NewStatesman *Table of ContentsForeword ; I. THE CONSTITUTION AND THE RULE OF LAW ; LOOKING BACKWARD ; 1. Magna Carta ; 2. The Alabama Claims and the International Rule of Law ; 3. Dicey Revisited ; 4. The Evolving Constitution ; 5. The Old Order Changeth ; LOOKING FORWARD ; 6. A Written Constitution? ; 7. The Future of the House of Lords ; II. THE BUSINESS OF JUDGING ; 8. The Judges: Active or Passive? ; 9. Government and Judges: Friends or Enemies? ; 10. The Highest Court in the Land ; III. HUMAN RIGHTS AND HUMAN WRONGS ; 11. The Human Rights Act: The View from the Bench ; 12. Personal Freedom and the Dilemma of Democracies ; 13. Habeas Corpus ; 14. 'The Law Favours Liberty': Slavery and the English Common Law ; 15. I Beg Your Pardon ; IV. THE COMMON LAW ; 16. From Servant to Employee: A Study of the Common Law in Action ; 17. A Duty of Care: The Uses of Tort ; 18. The Law as the Handmaiden of Commerce ; 19. A New Thing under the Sun?: The Interpretation of Contracts and the ICS Decision ; 20. The Internationalization of the Common Law ; V. LIVES OF THE LAW ; 21. Dr Johnson and the Law ; 22. Mr Bentham is Present

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Book SynopsisKahneman and Tversky''s Prospect Theory posits that people do not perceive outcomes as final states of wealth or welfare, but rather as gains or losses in relation to some reference point. People are generally loss averse, meaning that the disutility generated by a loss is greater than the utility produced by a commensurate gain. Loss aversion is related to psychological phenomena such as the status quo and omission biases, the endowment effect, and escalation of commitment.Law, Psychology, and Morality: The Role of Loss Aversion systematically analyzes the complex relationships between loss aversion and the law weaving together insights from cognitive and social psychology, neuropsychology, behavioral economics, experimental legal studies, economic analysis of law, normative ethics, moral psychology, and comparative law. It discusses diverse legal issues in private and public law, national and international law, and substantive and procedural law. Eyal Zamir provides an overview of thTrade ReviewEyal Zamir's book is an astonishing accomplishment of scholarship. It will be an indispensable reference in the discussion of psychology, morality and the law. * Daniel Kahneman, Senior Scholar; Eugene Higgins Professor of Psychology, Emeritus; and Professor of Psychology and Public Affairs, Emeritus, Woodrow Wilson School, Princeton University *An excellent and eye-opening book, packed with insights into law, policy, morality, and psychology. Loss aversion is one of the very few most important findings in the last decades of behavioral science. Zamir has produced the best treatment, by far, of its relevance to law. * Cass R. Sunstein, Robert Walmsley University Professor, Harvard University *If a behavioral trait is real and important, chances are the law knew it all along. But without interdisciplinary expertise, the law lacks a language. Doctrine does not establish the links between seemingly remote phenomena that happen to have a common behavioral cause. In his fascinating, thought provoking book, Eyal Zamir demonstrates how many legal institutions react to, exploit or mold the propensity to evaluate outcomes against a reference point, rather than 'objective' values. * Christoph Engel, Max-Planck-Institute for Research on Collective Goods, Bonn *Eyal Zamir masterfully analyzes and explains how the seminal research by Amos Tverksy and Daniel Kahneman on judgment and choice should affect our understanding of the way law has evolved and how legal rules should be rethought. Law, Psychology, and Morality is a must read for anyone who cares about the relationship between how we humans think and act and the type of rules we create to organize our societies. * Russell Korobkin, Richard C. Maxwell Professor of Law, UCLA *Table of ContentsAcknowledgments ; Introduction ; Part I: The Psychology of Loss Aversion ; Chapter 1. Loss Aversion: An Overview ; A. Introduction ; B. A Brief History ; C. Prospect Theory ; D. Reference Points ; E. Alternative Theories, Limitations, and Critique ; F. Empirical Studies ; G. Loss Aversion and Emotions ; H. Related Phenomena ; I. Professional Decisionmaking ; J. Group Decisionmaking ; K. Debiasing Loss Aversion? ; L. Evolutionary Roots and Neural Basis ; M. Impact on Other Disciplines ; N. Conclusion ; Part II: Understanding Human Behavior in Legal Contexts ; Chapter 2. Consumer Behavior ; A. Introduction ; B. Framing Prices and Other Attributes ; C. Limited Availability ; D. Escalation of Commitment ; E. Lenient Return Policies and the Endowment Effect ; F. Status Quo and Omission Biases ; G. Conclusion Impact on Other Disciplines ; Chapter 3. The Market for Legal Services: Contingent Fees ; A. Introduction ; B. The Puzzle ; C. Loss Aversion and Plaintiffs' Preferences ; D. Loss Aversion and Defendants' Preferences ; E. Conclusion ; Chapter 4. Litigation and Settlement ; A. Introduction ; B. Standard Economic Analysis ; C. Framing Litigation Outcomes and Risk Attitude ; D. Settlement, Regret, and Loss Aversion ; E. Default Effect and Alternative Dispute Resolution ; F. A Note on Plea Bargains ; G. Conclusion ; Part III: Framing by the Law ; Chapter 5. Legally Induced Reference Points ; A. Introduction ; B. Default Rules ; C. Burden of Persuasion ; D. Legal Reforms and Temporary Legislation ; E. Conclusion ; Part IV: Loss Aversion and Basic Features of the Law ; Chapter 6. Correspondence between Loss Aversion and the Law ; A. Introduction ; B. Private Law: Tort vs. Unjust Enrichment ; C. Contract Remedies: Expectation vs. Disgorgement ; D. Constitutional Property Law: Takings vs. Givings ; E. Criminal Law: Necessity and Bad Samaritan Laws ; F. Human Rights: Civil and Political vs. Social and Economic ; G. Civil Rights: Affirmative Action ; H. Refugee and Immigration: Denying Entrance vs. Expelling ; I. Tax Law: Tax Exemptions and Tax Withholding ; J. Evidence Law: Burden of Proof in Civil Litigation ; K. Civil Procedure: Preliminary Injunctions ; L. Conclusion ; Chapter 7. Evolutionary Theories ; A. Introduction ; B. Efficiency-of-the-Common-Law Theories ; C. Loss Aversion and the Plaintiffs' Role ; D. Assessment and Conclusion ; Chapter 8. Cognitive Psychology, Commonsense Morality, and the Law ; A. Introduction ; B. Deontology ; C. Moderate Deontology and Commonsense Morality ; D. Deontology, Commonsense Morality, and Loss Aversion ; E. Commonsense Morality and Law ; F. Moral and Evolutionary Psychology ; G. Conclusion ; Part V: Normative Analysis ; Chapter 9. Loss Aversion: Normative Implications ; A. Introduction ; B. Preliminary Issues ; C. Justifying Basic Features of Extant Law ; D. Legal Policymaking ; E. Legal Decisionmakers' Loss Aversion ; F. Conclusion ; Conclusion ; Index

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