Law and society, sociology of law Books

Book SynopsisHuman Rights, Democracy, and Legitimacy in a World of Disorder brings together respected scholars from diverse disciplines to examine a trio of key concepts that help to stabilize states and the international order. While used pervasively by philosophers, legal scholars, and politicians, the precise content of these concepts is disputed, and they face new challenges in the conditions of disorder brought by the twenty-first century. This volume will explore the interrelationships and possible tensions between human rights, democracy, and legitimacy, from the philosophical, legal, and political perspectives; as well as the role of these concepts in addressing particular problems such as economic inequality, catastrophic risks posed by new technologies, access to health care, regional governance, and responses to mass migration. Comprising essays arising from an interdisciplinary symposium convened at Harvard Law School in 2016, this volume will examine how these trusted concepts may brinTable of ContentsIntroduction; Part I. General Aspects of Human Rights, Democracy, and Legitimacy: 1. Human rights as membership rights in the world society Mathias Risse; 2. Human rights, treaties, and international legitimacy Gerald L. Neuman; 3. Human rights and constitutional rights: a proceduralizing function for substantive constitutional law? Frank I. Michelman; 4. Expectation-based legitimacy Wilfried Hinsch; 5. The second bill of rights: a reconsideration Samuel Moyn; Part II. Current Problems of Human Rights, Democracy, and Legitimacy: 6. Human rights and the legitimate governance of existential and global catastrophic risks Silja Voeneky; 7. On the human right to health: statistical lives, contingent persons, and other difficult questions I. Glenn Cohen; 8. Democracy, health systems, and the right to health: narratives of charity, markets, and citizenship Alicia Ely Yamin; 9. Political legitimacy and private governance of human rights: community-business social contracts and constitutional moments Tyler Giannini; 10. Human rights and legitimacy in the implementation of EU asylum and migration law Iris Goldner Lang; 11. On uses and misuses of human rights in European constitutionalism Vlad Perju.

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Book SynopsisIn his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration. He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people''s legal entitlements and to confer evenhanded legal justice. Judges try to achieve the control of reason in law, which is manifest in law''s coherence, and to avoid forms of arbitrariness, such as personal moral judgment. Sargentich offers a unified theory of the diverse ways of doing law, and shows that they all arise from the same root, which is a commitment to liberal legality.Table of Contents1. The idea of law-like law; 2. Argument in a legal system; 3. Practice of legality; 3.1. Instituted discourse; 3.2. Entrenched pursuit; 3.3. Self-conception; 4. Pursuit of the rule of law; 5. Aspiration and impulse; 5.1. Nomological legality; 5.2. Liberal commitment; 5.3. Failure of legality; 5.4. Dual impulse; 6. Deep duality - formal law; 6.1. Rawls' first view of law; 6.2. A contrary view; 6.3. Law-like formality: Weber; 6.4. Half-right views; 7. Deep duality - law's ideals; 7.1. A contrary view; 7.2. Law-like ideals: Dworkin; 7.3. Halves of a whole; 7.4. Rawls' second view of law; 8. Two perils for law; 8.1. Liberal law's fears; 8.2. Overcoming peril; 8.3. Deeper danger; 8.4. What follows; 9. Fear of free ideals; 9.1. Warring creeds; 9.2. Moral skepticism; 9.3. What's feared; 10. Fear of open form: 10.1. Unsure concepts; 10.2. Linguistic skepticism; 10.3. What's feared; 11. Modern liberal practice; 11.1. Practice's view of law; 11.2. Two views of disorder; 11.3. Implications of disorder; 12. Legality recapitulated.

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Book SynopsisMass incarceration is an overwhelming problem and reforms are often difficult, leading to confusion about what to do and where to start. Ending Overcriminalization and Mass Incarceration: Hope from Civil Society introduces the key issues that need immediate attention and provides concrete direction about effective solutions systemically and relationally. In this work Anthony B. Bradley recognizes that offenders are persons with inherent dignity. Mass incarceration results from the systemic breakdown of criminal law procedure and broken communities. Using the principle of personalism, attention is drawn to those areas that directly contact the lives of offenders and determine their fate. Bradley explains how reform must be built from the person up, and once these areas are reformed our law enforcement culture will change for the better. Taking an innovative approach, Anthony B. Bradley explores what civic institutions need to do to prevent people from falling into the criminal justice sTrade Review'Anthony B. Bradley's emphasis on personalism offers an intriguing contribution to the question of criminal justice reform - he presents a path forward we ought to seriously consider.' Vincent Bacote, Director of the Center for Applied Christian Ethics, Wheaton College, Illinois'Most everyone complains about overcriminalization and mass incarceration, but concrete solutions to these problems are hard to find. Anthony B. Bradley proposes several reforms in criminal justice and civil society that would help to bring about some much-needed improvements.' Douglas Husak, author of Overcriminalization '… Ending Overcriminalization and Mass Incarceration is a good introduction to the issue of mass incarceration … the book challenges readers to focus on the person affected by not just the policies but the civil society that surrounds them.' M. Beth Valentine, RutgersTable of ContentsIntroduction; 1. An overcriminalized America; 2. A closer loser look at prosecutors; 3. Giving judges more discretion; 4. Defending the disadvantaged; 5. Ending the school-to-prison pipeline; 6. The social, moral, and economic costs of overcriminalization; 7. Progress begins at the state level; 8. Help and hope from civil society; Conclusion.

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Book SynopsisThis innovative book sets itself at the crossroads of several rapidly developing areas of research in legal and global studies related to social computing, specifically in the context of how public emergency responders appropriate content on social media platforms for emergency and disaster management. The book - a collaboration between computer scientists, ethicists, legal scholars and practitioners - should be read by anyone concerned with the ongoing debate over the corporatization and commodification of user-generated content on social media and the extent to which this content can be legally and ethically harnessed for emergency and disaster management. The collaboration was made possible by EU''s FP 7 Project Slandail (# 607691, 201417).Table of Contents1. Introduction; 1.1. A note on terminology; 1.2. Security, privacy, and dignity during an emergency; 1.3. Our contribution: disasters, technology, law and ethics; 1.4. Structure of the book; 2. Social computing systems and ethical considerations; 2.1. Introduction; 2.2. Key ethical challenges posed by social computing systems; 2.3. Technology mediated protection of data and persons; 2.4. Conclusion; 3. Internet laws; 3.1. Introduction; 3.2. Internet governance systems: self-regulation, technical regulation and governmental regulation; 3.3. Ownership of personal data harvested from social computing systems; 3.4. Protection for monitoring and harvesting information on social media; 3.5. Summary findings; 4. Copyright law and data protection law; 4.1. Introduction; 4.2. EU copyright directives and German copyright law; 4.3. The ontology of copyright; 4.4. Copyright and exceptional circumstances: disaster management; 4.5. Exceptions and limitations; 4.6. Summary; 5. EU human rights framework; 5.1. Introduction; 5.2. Approach; 5.3. Disaster management and human rights; 5.4. EU fundamental rights framework and disaster management; 5.5. Conclusion; 6. Conclusion: legally using social computing streams and privacy protection; 6.1. Introduction; 6.2. Social computing analysis in exceptional circumstances; 6.3. Checklist of legal issues; 6.4. Risk analysis; 6.5. Conclusion.

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Book SynopsisThe US ''war on terror'' has repeatedly violated fundamental rule of law values. When executive and legislature commit such egregious wrongs, courts represent the ultimate defense. Law''s Trials: The Performance of Legal Institutions in the US ''War on Terror'' offers the first comprehensive account of judicial performance during the sixteen years of the Bush and Obama administrations. Abel examines criminal prosecutions of alleged terrorists, courts martial of military personnel accused of law of war violations, military commission trials of ''high value detainees'', habeas corpus petitions by Guantánamo detainees, civil damage actions by victims of both the ''war on terror'' and terrorism, and civil liberties violations by government officials and Islamophobic campaigners. Law''s Trials identifies successful defenses of the rule of law through qualitative and quantitative analyses, comparing the behavior of judges within and between each category of cases and locating those actions iTrade Review'A richly detailed and important work that describes critical shifts in US counter-terrorism law and policy since 9/11. Examining such issues as military detention, torture, and religious discrimination, this book provides invaluable insights into the role of law and legal institutions in America.' Jonathan Hafetz, Seton Hall Law School'Richard L. Abel's comprehensive work on the role of the courts in post 9/11 America illuminates the perilous course traversed by the rule of law in the war on terror. Bringing to life the challenges faced by the country's judges, as well as the rhetoric, reasoning and consequences of their decisions, Law's Trials is a must read for anyone who cares about the law and its role in America.' Karen J. Greenberg, author of Rogue Justice: The Making of the Security State'Law's Trials is a remarkable achievement, beginning with the near-encyclopedic coverage of all interactions between the judiciary and those accused of terrorism. But it is far more inasmuch as Abel also asks probing questions about the circumstances under which we should expect courts and judges to defend civil liberties against the combined weight of the state and public opinion willing to sacrifice those liberties as part of a 'war on terror'.' Sanford Levinson, author of Framed: America's 51 Constitutions and the Crisis of GovernanceTable of Contents1. Judging the judges; 2. Criminal prosecutions; 3. Courts martial; 4. Military commissions; 5. Habeas corpus; 6. Civil damage actions; 7. Civil liberties; 8. Reversible error?

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Book SynopsisThe most sophisticated theories of judicial behavior depict judges as rational actors who strategically pursue multiple goals when making decisions. However, these accounts tend to disregard the possibility that judges have heterogeneous goal preferences - that is, that different judges want different things. Integrating insights from personality psychology and economics, this book proposes a new theory of judicial behavior in which judges strategically pursue multiple goals, but their personality traits determine the relative importance of those goals. This theory is tested by analyzing the behavior of justices who served on the US Supreme Court between 1946 and 2015. Using recent advances in text-based personality measurement, Hall evaluates the influence of the ''big five'' personality traits on the justices'' behavior during each stage of the Court''s decision-making process. What Justices Want shows that personality traits directly affect the justices'' choices and moderate the inTrade Review'Professor Hall has produced a fascinating study of Supreme Court justices' personality traits that opens a new window on their decision-making. Using a sophisticated machine-learning model to assess the justices' written opinions, Hall identifies specific personality types and characteristics that ring true in many instances based on our own anecdotal experiences observing the Court. By blending psychological analysis with our current knowledge of judicial attitudes, Professor Hall's work makes a uniquely interesting and creative contribution to the literature.' Stefanie A. Lindquist, Arizona State University'Using innovative data and appropriate methods to demonstrate the role personality plays in structuring judicial behavior, Hall does so much more than pose a challenge to existing accounts. He takes nothing short of a quantum leap in the quest to develop a deeper and more realistic conception of judging.' Lee Epstein, Ethan A. H. Shepley Distinguished University Professor, Washington University, St Louis'Professor Hall makes a solid contribution to our knowledge. It links a leading theory in psychology to virtually every type of decision that has been modeled by quantitative research on the Supreme Court. It addresses an interesting and important topic and is methodologically sophisticated. Written in an engaging fashion, What Justices Want will be an important and lasting study.' Kevin T. McGuire, University of North Carolina, Chapel Hill'… Hall's book is an impressive piece of work. Its insights are valuable for scholars, graduate students, and [*49] advanced undergraduates interested in Supreme Court dynamics and the practical implications of personality theory. The book did exactly what good books in the discipline are supposed to do: it made me think about how justices approach their tasks in an entirely different way. Hall is clearly pushing the envelope in the right direction.' Eileen Braman, Law and Politics Book ReviewTable of Contents1. Who they are and what they want; 2. Goals and personality; 3. Measuring justice personality; 4. Agenda setting; 5. Opinion assignments; 6. Intra-court bargaining; 7. Voting on the merits; 8. Separate opinions; 9. Behind the black robes; Appendices; Notes; Index.

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Book SynopsisElizabeth Thornberry uses historical evidence to shed light on South Africa''s contemporary epidemic of sexual violence. Drawing on over a thousand cases from a diverse set of courts, Thornberry reconstructs the history of rape in South Africa''s Eastern Cape, from the precolonial era to the triumph of legal and sexual segregation, and digs deep into questions of conceptions of sexual consent. Through this process, Thornberry also demonstrates the political stakes of disputes over sexual consent, and the ways in which debates over the regulation of sexuality shaped both white and black politics in this period. From customary authority to missionary Christianity and humanitarian liberalism to segregationism, political claims implied theories of sexual consent, and enabled distinctive claims to control female sexuality. The political history of rape illuminates not only South Africa''s contemporary crisis of sexual violence, but the entangled histories of law, sexuality, and politics acrTrade Review'… an interesting read … Thornberry has combed selected court records finely and commented thoughtfully, drawing out conflicting viewpoints advanced within and between the overarching discourses that were deployed to understand sexual violence in the colonial era. It is an important addition to the scholarship on gender and sexuality in South Africa.' Anne Kelk Mager, Social HistoryTable of ContentsIntroduction: writing the history of rape; 1. Custom and consent in Xhosaland; 2. Sex and spiritual power; 3. Liberalism and the colonial law of sexual violence; 4. Rape and racial boundaries; 5. Navigating the politics of consent; Conclusion: rape and the postcolony.

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Book SynopsisThis book studies the rise of access and the effect of the sharing economy on property as a social and legal institution. It will benefit academics, students, policymakers and practitioners interested in the sharing economy, property, legal theory, and more broadly, internet and society, market economy, and law and society.Trade Review'Shelly Kreiczer-Levy’s Destabilized Property: Property Law in the Sharing Economy is a major work on a timely subject. This is a sophisticated book, combining nuanced, conceptual and normative analyses with pragmatic suggestions for law reform. This book is a must read for anyone interested in the sharing economy or in property theory.' Hanoch Dagan, Stewart and Judy Colton Professor of Legal Theory and Innovation, Tel-Aviv University'Of all writers about the rise of the sharing economy, Shelly Kreiczer-Levy is recognized internationally as the most keen observer and the leading theorist in the field. Just as the internet forced us to rethink information and access, the sharing economy forces us to rethink what property means and its role in human lives. The sharing economy shakes the very foundations of the idea of property as a small, exclusive, privatized space, and with this challenge comes both great promise and intense social conflict. This book is brilliant and must be read by anyone who wants to understand this movement. It is the classic in the field.' Laura S. Underkuffler, Cornell University, New York'The age-old institution of private property keeps changing, and the sharing economy poses unique challenges to ensure the right mix of fairness and flexibility. We could have no better guide than Shelly Kreiczer-Levy to the ways that property law must adjust to this new environment.' Joseph William Singer, Bussey Professor of Law, Harvard University, MassachusettsTable of ContentsAcknowledgments; 1. Introduction; 2. Stability and property use; 3. The decline of stability in the new millennium; 4. The rise of the access economy; 5. Access as an alternative to ownership; 6. Fragmentation of intimate property; 7. Evaluating flexibility in property use; 8. What's next? The future of the access economy; 9. Conclusion.

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Book SynopsisInvestigating the attitudes about capital punishment in contemporary America, this book poses the question: can ending the death penalty be done democratically? How is it that a liberal democracy like the United States shares the distinction of being a leading proponent of the death penalty with some of the world''s most repressive regimes? Reporting on the first study of initiative and referendum processes used to decide the fate of the death penalty in the United States, this book explains how these processes have played an important, but generally neglected, role in the recent history of America''s death penalty. While numerous scholars have argued that the death penalty is incompatible with democracy and that it cannot be reconciled with democracy''s underlying commitment to respect the equal dignity of all, Professor Austin Sarat offers the first study of what happens when the public gets to decide on the fate of capital punishment.Trade Review'From Arizona in 1918 to California in 2016, death penalty abolitionists have chronically failed to convince American voters to abolish capital punishment. In their groundbreaking study of these losses at the ballot box, Austin Sarat, John Malague, and Sarah Wishloff offer important insights about the place of punishment in American politics and culture. Through a series of fascinating case studies, they argue that abolition of the death penalty won't occur until human dignity becomes integral to the meaning of American democracy. With lessons for activists and academics alike, The Death Penalty on the Ballot is a provocative and compelling study of the demand for the punishment of death in the only western democracy that still permits it.' Daniel LaChance, Emory University, Atlanta'Sarat and his collaborators bring deep expertise on the American death penalty to bear in this fascinating and comprehensive exploration of ballot questions regarding the abolition or retention of capital punishment over the past century. They uncover a treasure trove of materials that span quite different political moments - a rich historical record that sheds light on both the grisly practice of state executions and on the promise and perils of democracy itself.' Carol S. Steiker, Henry J. Friendly Professor of Law, Harvard UniversityTable of Contents1. Introduction: when the death penalty goes public; 2. Retention, abolition, and restoration in the early days of the death penalty referendum process; 3. The people versus their representatives: going to the polls to support capital punishment; 4. Targeting the courts; 5. A tool for abolition?; 6. Conclusion: democracy and the fate of capital punishment.

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Book SynopsisWhat makes Israeli law Israeli? Why is the word ''Jewish'' almost entirely absent from Israeli legislation? How did Israel succeed in eluding a futile and dangerous debate over identity, and construct a progressive, independent, original and sophisticated legal system? Law and Identity in Israel attempts to answer these questions by looking at the complex bond between Zionism and the Jewish culture. Forging an original and ''authentic'' Israeli law that would be an expression and encapsulation of Israeli-Jewish identity has been the goal of many Jewish and Zionist jurists as well as public leaders for the past century. This book chronicles and analyzes these efforts, and in the process tackles the complex meaning of Judaism in modern times as a religion, a culture, and a nationality. Nir Kedar examines the challenges and difficulties of expressing Judaism, or transplanting it into, the laws of the state of Israel.Trade Review'Kedar's book stands as an important chapter in the study of the history of Israeli law. It provides a valuable overview both for readers who are familiar with this history and also those who are not.' Inbal Blau and Omer Aloni, Comparative Legal HistoryTable of ContentsIntroduction: law as an expression of Jewish culture; Part I. Seeking to Fashion National Law: 1. Law and culture in early Zionist literature; 2. The Hebrew peace courts: the Yishuv judicial system that failed; 3. The Hebrew law society: an abortive attempt to fashion a Jewish-Hebrew national code of law; 4. Why a Jewish-Hebrew system of law was not instituted at independence; 5. A Hebrew constitution for the Jewish state: how did the cultural dispute prevent the promulgation of a written constitution; 6. Jewish law and legislation in Israel; Part II. The Resurgence of Cultural Conflict: 7. Jewish heritage and a Jewish democratic state: the identity discourse returns to the legal debate; 8. The identity turn and the Jewish and democratic state; Part III. Zionism, Democracy, Law, and Culture: 9. Zionism: making and preserving Hebrew culture; 10. Israeli law as a lieu de mémoire of national identity and culture; Conclusion: list of legal cases.

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Book SynopsisEveryday Justice clearly demonstrates the value of revitalizing the category of justice in ethnographic work by revealing how both justice and injustice are woven into everyday life in manifold and widely differing ways. The contributors account for this complexity across multiple particular social relations, places, and times, such that concepts and experiences of justice are made analytically visible without essentializing the construal of justice both as an idea and in practice. In the best scholarly tradition, Everyday Justice provides theoretical readings of justice and injustice, justice and law, and relational justice, each designed to cut through the specificity of myriad social, political, and legal conjunctures in a clarifying way. One outcome is to suggest future research possibilities to readers by highlighting theoretically distinctive yet ethnographically specific questions about justice. Everyday Justice will be essential reading for anyone interested in justice in theory and practice.Trade Review'Justice is more often felt than grasped intellectually, its everyday contexts accounting for its special bite. In this superb collection of essays the authors demonstrate how those contexts give meaning to local justice and how a sophisticated sense of its presence or absence depends on its socio-cultural surround. These timely studies complement and extend philosophical discussions of justice by showing its centrality to our different ways of experiencing the quotidian world as orderly and fair.' Lawrence Rosen, Princeton University, New Jersey'In this important volume, Sandra Brunnegger and her colleagues challenge scholars from across the disciplines to rethink how we approach justice. They offer an accessible but sophisticated exemplar of how anthropology can shine a light on the 'muddle' in which writings on justice too often land, caught between the abstractions of theorists and the immediacy of justice practices in everyday life. Especially recommended for legal and political theorists who are interested in expanding their reach, and for sociolegal scholars concerned with integrating the study of justice into empirical research.' Elizabeth Mertz, John and Rylla Bosshard Professor of Law, University of Wisconsin, Madison Law SchoolTable of Contents1. Theorizing everyday justice Sandra Brunnegger; Part I. Possibilities of Everyday Justice: 2. Street justice: graffiti and claims-making in urban public space Ronald Niezen; 3. Seeking respect, fairness, and community: low wage migrants, authoritarian regimes and the everyday urban Laavanya Kathiravelu; Part II. The Force of Everyday Justice: 4. 'We don't work for the Serbs, we work for human rights': justice and impartiality in transitional Kosovo Agathe C. Mora; 5. The enduring transition: temporality, human security and competing notions of justice inside and outside of the law in Bosnia and Herzegovina Sari Wastell; Part III. Everyday Justice Unbound: 6. Troubled currents and the contentious moral orderings of Drakes Estero Kathleen M. Sullivan; 7. Everyday justice at the courthouse? Governing lay participation in Argentina's criminal trials Santiago Abel Amietta; 8. Ever in the making: actors and injustice in a Papua New Guinea village court Eve Houghton; 9. Afterword Carol J. Greenhouse.

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Book SynopsisThe problems of entrenched poverty and economic underdevelopment in American urban cores involve multiple overlapping challenges that have stymied consistent and long-term progress. Good laws, and good lawyering, can contribute enormously to overcoming these challenges. This book is for anyone concerned about the current state of American urban cores.Table of Contents1. Introduction; Part I. Change on the Ground: Case Studies of Law Reform in Action: 2. The drive for economic justice at America's Port Scott Cummings; 3. Making good on the 'primacy of labor': a case study of democratic participation in a pioneering American cooperative Rashmi Dyal-Chand; Part II. Reimagining Law for the Urban Core: 4. Community development finance and economic justice Peter Pitegoff; 5. How to increase our affordable housing stock Robert Solomon; Part III. The Legal Academy and the Urban Core: 6. Focused ethnography: a methodological approach for engaged legal scholarship Tonya L. Brito, Daanika Gordon and David J. Pate, Jr; 7. Legal education, democracy, and the urban core Kathleen S. Morris; 8. Education and social justice: urban schools and law schools Peter Enrich; 9. Conclusion: legal scholarship from the ground up.

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Book SynopsisThis collection of scholarly essays demonstrate the different facets of judicial review based on the vast area of comparative constitutional law. It honours the body of work of Upendra Baxi, legal scholar and author, whose contributions have shaped our understanding of legal jurisprudence and expanded the scope of social transformation in India.Table of ContentsForeword Justice A. K. Sikri; Editors' note Salman Khurshid, Sidharth Luthra, Lokendra Malik and Shruti Bedi; Introduction M. P. Singh; 1. The inadequacy of judicial enforcement of constitutional rights provisions to rectify economic inequality, and the inevitability of the attempt Mark Tushnet; 2. The interplay of law and politics in India James Manor; 3. Beating the backlog: reforms in administration of justice in India Abhishek Singhvi; 4. Judicial review: perspectives and reflections for the twenty-first century John Mceldowney; 5. When 'creeping jurisdiction' goes awry: the social action litigation to ban surrogacy Sital Kalantry; 6. Judicial review and the democratic judge Joel I. Colón-Ríos; 7. Judicial review: a tool to shape constitutional jurisprudence Balram K. Gupta; 8. The Baxian bioscope on Indian judicial process Amita Dhanda; 9. Judicial activism, courts, and constitutional revolutions: the Israeli case Yaniv Roznai and Gary J. Jacobsohn; 10. Democracy, constitution, and judicial review: a critique Vijender Kumar and V. P. Tiwari; 11. A minor jurisprudence of pathos: Upendra Baxi as teacher and writer Oishik Sircar; 12. The need for reinventing the Supreme Court as a constitutional court Sidharth Luthra and Nivedita Mukhija; 13. Appointment of 'distinguished jurists' as judges in the Supreme Court of India: a critical analysis Lokendra Malik; 14. Judicial dissent and judicial review: a functional analysis Yogesh Pratap Singh; 15. The power of judicial review: judicial chutzpah or judicial desideratum Shruti Bedi; 16. Judicial review of legislations by tribunals in India: law, problems, and perspectives P. Puneeth; 17. Criminalization of membership of terrorist organizations in India and the United States of America: human rights concerns Anurag Deep; 18. Article 142 of the Indian Constitution: on the thin line between judicial activism and restraint R. Hari Krishnan and Anurag Bhaskar; 19. Sketching the limits of Article 142 of the Constitution of India: a constitutional necessity Shailendra Kumar; 20. Constitutional morality and judges of the Supreme Court Salman Khurshid; About the contributors; Index.

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Book SynopsisAcross the globe, a growing number of social movements, such as demonstrations in support of equal civil status or reproductive freedom and against sexualized violence, show that women's and gender rights are highly contested. Against the backdrop of a long history of unequal rights implementation, the contributors to this volume deal with the questions of why and in which ways gender equality has become contested in various political contexts. Local case studies examine the relevant structural, institutional, and socio-cultural causes of the global challenges to equality. This book follows an interdisciplinary approach and unites scholars from law, linguistics, cultural studies, history, social sciences, and gender studies in diverse contexts.Table of ContentsGlobal Contestations of Gender Rights; Analytical Framing; Gendering Global Entanglements; Global Contestations of Gender Equality and Queer Rights; Gender Equality Policy in Practice in the Era of Global Contestation; Worldwide Anti-Gender Mobilization; Gendered Normativities: The Role and Rule of Law; Decolonizing Universalism?; Self, Relation and Gender Rights; Legal Equality without Justice; Family Law Exceptionalism and Contestations over Women's Rights in Mali's Family Code Reform; The Legal Contestation of Abortion Rights; Reproductive Rights as Battlefield in the New Cold War; Post-Conflict Gender Inequalities in Nigeria; Liberalism and the Construction of Gender (Non-)Normative Bodies and Queer Identities; Politicizations of Religion in Morocco and Germany; Mera Jism Meri Marzi; Global Contestations over Gender Equality in Islam; Authors.

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Book SynopsisPatiala House: Palace to Seat of Justice is a treasure trove for historians, culture enthusiasts, students, litigants, lawyers and judges alike.

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Book SynopsisLiberty After Freedom explores the origins of what is today considered the most important fundamental right in the Indian Constitution - the right to life and personal liberty guaranteed by Article 21. This is the article which in recent years made the right to privacy as well as the decriminalization of homosexuality possible. Without a doubt, Article 21 has had the most outsized influence on the progressive development of rights in India. But the story of how this important right was birthed is deeply controversial and its passage in the Constituent Assembly divided opinion like no other feature of the Constitution. Liberty After Freedom explores the intellectual beginnings of this paramount fundamental right in an attempt to decode and unravel the controversies which raged at the time the Constitution was being crafted.Written in lucid prose and drawing extensively on the Constituent Assembly debates as well as a wide array of scholarly literature, it questions long-held beliefs and sheds new and important light on the fraught history of due process and Article 21. It is an indispensable book for the legal community and for everyone interested in the genesis of the Constitution.

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Book SynopsisUnsealed Covers provides a unique terrain where the actions of the judiciary and its relationship with the government are examined in terms of evolution and chronology. It also comments on some of the most important judgments of the past decade.

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Book SynopsisThe Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.Trade ReviewMacklem offers his readers a well-articulated argument that advances discourse on the subject. He also gives them a fascinating, in-depth review of the origination of workers rights, minority and indigenous rights, the right of self-determination and the right to development, which supports his approach. * Sarah Frost, Israel Law Review *Professor Macklem's book makes a valuable contribution to the existing literature on the role of international human rights law in the international legal order... [his] argument is highly original. * Anna John, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (ZaöRV) *Table of ContentsAcknowledgments ; 1. Field Missions ; Human Rights as Moral Concepts ; Human Rights as Political Concepts ; Human Rights as Legal Concepts ; The Plan of the Book ; 2. Sovereignty and Structure ; Sovereignty and its Exercise ; Between the National and International ; Sovereignty and its Distribution ; 3. Human Rights: Three Generations or One? ; Generations as Chronological Categories ; Generations as Analytical Categories ; Civil and Political Rights as Monitors of Sovereignty's Exercise ; Social and Economic Rights as Monitors of Sovereignty's Exercise ; 4. International Law at Work ; Labor Rights as Instrumental Rights ; Labor Rights as Universal Rights ; Labor Rights and the Structure of International Law ; 5. The Ambiguous Appeal of Minority Rights ; The Moral Ambiguities of Minority Rights ; The Political Ambiguities of Minority Rights ; The Interdependence of Sovereignty and Minority Protection ; 6. International Indigenous Recognition ; Indigenous Territories and the Acquisition of Sovereignty ; Indigenous Recognition and the International Labour Organization ; Indigenous Recognition and the United Nations ; The Purpose of International Indigenous Rights ; 7. Self-Determination in Three Movements ; Self-Determination and the Legality of Colonialism ; The Many Paradoxes of Self-Determination ; Bridging International Law and Distributive Justice ; 8. Global Poverty and the Right to Development ; The Emergence of the Right ; Implementing the Right ; From Global Poverty to International Law ; The Right to Development and the Rise and Fall of Colonialism ; Bibliography ; Index

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Trade ReviewMichael J. Klarman's monumental book * undertaking a sweeping exploration of the causes and consequences of all of the Supreme Court's race decisions from Plessy v. Ferguson to Brown vs. Board of Educationis likely to become the definitive study of the Supreme Court and race in the first half of the twentieth century. As a narrative history of the Court's actions on the broad array of constitutional issues relevant to racial equalityfrom criminal procedure to voting rights to desegregationthe book is an invaluable resource.Reviews in American History *Klarman's scholarly text is unique in that it encompasses not only the decision itself, but also the events before and after. * Elaine Cassel, author of The War on Civil Liberties *Of all of the many books published recently on the occasion of Brown's fiftieth anniversary, the most ambitious is Michael J. Klarman's comprehensive history of federal race-relations law from the late nineteenth century until the early 1960s...Klarman's study is a major achievement. It bestows upon its fortunate readers prodigious research, nuanced judgment, and intellectual independence. * Randall Kennedy, The New Republic *Magisterial... * The New York Review of Books *A highly accessible analysis of the interplay between the Supreme Court and U.S. race relations. * Booklist *This luminous study explores the relationship between the Supreme Court and the quest for racial justice.... a sweeping, erudite, and powerfully argued book that, despite its heft, is unfailingly interesting. * Wilson Quarterly *Michael Klarman's authoritative account of constitutional law concerning race * from the late 19th century through the 1960sis brilliant, both as legal interpretation and as social and political history. While the book deals with a wide range of racially charged issuescriminal procedure, peonage, transportation, residential segregation, and voting rightsit focuses with especially keen insights on the Brown v. Board of Education case of 1954. From Jim Crow to Civil Rights is a magisterial accomplishment.James T. Patterson, Bancroft Prize-winning author of Grand Expectations: The United States, 1945-1974 (Oxford, 1996) *Michael Klarman's exhaustively researched study is essential reading for anyone interested in civil rights, the Supreme Court, and constitutional law. Accessible to ordinary readers, students, and scholars, Klarman's book presents a challenging argument that places the Supreme Court's civil rights decisions in their social and political context, and deflates overstated claims for the importance of the Supreme Court's work while identifying carefully the precise contributions the Court made to race relations policy from 1896 through the 1960s. * Mark Tushnet, author of Taking the Constitution Away from the Courts *Pulling together a decade of truly magnificent scholarship, this extraordinary book bids fair to be the definitive legal history of perhaps the most important legal issue of the twentieth century. There is no one from whom I have learned more * and whom I enjoy reading morethan Michael Klarman. This is legal history at its best, and on a panoramic canvas.Akhil Reed Amar, author of The Bill of Rights: Creation and Reconstruction *From Jim Crow to Civil Rights is a bold, carefully crafted, deeply researched, forcefully argued, lucidly written history of law and legal-change strategies in the civil rights movement from the 1880s to the 1960s, and a brilliant case study in the power and limits of law as a motor of social change. Among the hundreds of recent books on the history of civil rights and race relations, Klarman's is one of the most original, provocative, and illuminating, with fresh evidence and fresh insights on practically every page. * Robert W. Gordon, Chancellor Kent Professor of Law and Legal History, Yale University *Michael J. Klarman has written an exhaustive * and according to many reviewers a definitiveaccount of the United States Supreme Court's twentieth-century jurisprudence of race.Law and History Review *Table of ContentsINTRODUCTION; CONCLUSION; NOTES; BIBLIOGRAPHY; INDEX

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Book SynopsisFrom President Bolsonaro''s openly racist, misogynist, and homophobic rhetoric in Brazil, to the politicisation of gender ideology leading to the rejection of a peace deal in Colombia and beyond, Latin America is home to right-against-rights movements that have grown in numbers, strength, and influence in recent years. New anti-rights groups are intent on blocking, rolling back, and reversing social movements'' legislative advances by obstructing justice and accountability processes and influencing politicians across the region. The Right against Rights in Latin America contains chapters that empirically explore the breadth, depth, and diversity of a new wave of anti-rights movements in Latin America. It details why they are fundamentally different from previous movements in the region, and perhaps more importantly why it is of vital importance that we study, analyse, and understand them in a global context.Table of Contents1: SIMÓN ESCOFFIER, LEIGH A. PAYNE, AND JULIA ZULVER: Introduction: The Right against Rights in Latin America 2: LEIGH A. PAYNE: The Right against Rights in Latin America: An Analytical Framework 3: VALENTINA SALVI: Families of Perpetrators Mobilising Against Human Rights Trials in Argentina 4: ELIZABETH S. CORREDOR: The Religious Right and Anti-Genderism in Colombia 5: SAMUEL RITHOLTZ AND MIGUEL MESQUITA: The Transnational Force of Anti-LGBTQI Politics in Latin America 6: ANDREZA ARUSKA DE SOUZA SANTOS: 'In the Name of the Family': The Evangelical Caucus and Rights Rollbacks in Brazil 7: GILLIAN KANE, MIRTA MORAGA, AND KIRAN STALLONE: Framejacking Rights Discourse to Undermine Latin American Multilateral Human Rights Institutions 8: SIMÓN ESCOFFIER AND LIETA VIVALDI: Why Anti-Abortion Movements Fail: The Case of Chile 9: NANCY R. TAPIAS TORRADO: The Violent Rollback of Indigenous and Environmental Rights: The Emblematic Case of Lenca Leader Berta Cáceres in Honduras 10: DEBBIE SHARNAK: Opposing Affirmative Action: Covert and Coded Challenges to Racial Equality in Uruguay 11: ANNA KRAUSOVA: Resisting Redistribution with Recognition: A Radical Neoliberal Countermovement in Santa Cruz, Bolivia 12: JULIA ZULVER AND LEIGH A. PAYNE: Righting Rights, Righting Wrongs: Final Reflections

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Book SynopsisShaping the Normative Landscape is an investigation of the value of obligations and of rights, of forgiveness, of consent and refusal, of promise and request. David Owens shows that these are all instruments by which we exercise control over our normative environment. Philosophers from Hume to Scanlon have supposed that when we make promises and give our consent, our real interest is in controlling (or being able to anticipate) what people will actually do and that our interest in rights and obligations is a by-product of this more fundamental interest. In fact, we value for its own sake the ability to decide who is obliged to do what, to determine when blame is appropriate, to settle whether an act wrongs us. Owens explores how we control the rights and obligations of ourselves and of those around us. We do so by making friends and thereby creating the rights and obligations of friendship. We do so by making promises and so binding ourselves to perform. We do so by consenting to medicTrade ReviewShaping the Normative Landscape is bound to shape the philosophical landscape, by contributing to particular philosophical debates and by introducing a new and exciting proposal about how we should understand our normative environment. * Alida Liberman, Ethics *Shaping the Normative Landscape does two important things. First, it shows how these two general approaches can be reconciled. Second, it shows that some intractable difficulties across a wide range of normative phenomena have both an underlying unity and elegant solution. More importantly, the solution itself is intuitively appealing. * Erin Taylor, Notre Dame Philosophical Reviews *Changes one's view of an important subject. * Allan Gibbard, The Times Literary Supplement *ambitious, instructive and sophisticated * Gerald Lang, Analysis *Table of ContentsINTRODUCTION; PART ONE: INTERESTS; PART TWO: POWERS; PART THREE: PRACTICES

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Book SynopsisPoor Justice: How the Poor Fare in the Courts provides a vivid and informative account of what happens when the legal system decides cases in areas crucial to the poor''s economic and social well-being, including government benefits, child welfare, homelessness, the mental health system, education, and the criminal justice system. Drawing from court room observations, court decisions and supplementary legal and case materials, this book spans the street level justice of administrative hearings and lower courts (where people plead for welfare benefits or for a child not to be taken away), the mid-level justice of state courts (where advocates argue for the right to shelter for the homeless and for the rights of the mentally disabled), and the high justice of the Supreme Court (where the battle for school integration hPoor Justice: How the Poor Fare in the Courts provides a vivid portrait and appraisal of how the lives of poor people are disrupted or helped by the judicial system, from the lowest to the highest courts. Drawing from court room observations, court decisions, and other material, this book spans the street level justice of administrative hearings and lower courts (where people plead for welfare benefits or for a child not to be taken away), the mid-level justice of state courts (where advocates argue for the right to shelter for the homeless and for the rights of the mentally disabled), and the high justice of the Supreme Court (where the battle for school integration has represented a route out of poverty and the stop and frisk cases illustrate a route to greater poverty, through the mass incarceration of people of color). Poor Justice brings readers inside the courts, telling the story through the words and actions of the judges, lawyers, and ordinary people who populate it. It seeks to both edify and criticize. Readers will learn not only how courts work, but also how courts sometimes help - and often fail - the poor.as represented a route out of poverty). Poor Justice brings readers inside the courts, telling the story through the words and actions of the judges, lawyers, and ordinary people who populate it. It seeks to both edify and criticize. Readers will learn not only how courts work, but also how courts sometimes help, but often fail, the poor.Trade ReviewPoor Justice is one of those rare books that is not only a riveting read, but also makes an important scholarly contribution. Vicki Lens's clear and engaging writing provides readers with a sobering analysis of how marginalized groups fare in the U.S. legal system. As a former legal services lawyer and social scientist, Vicki Lens shares an insider's knowledge with an outsider's critical eye. * Corey Shdaimah, PhD, LLM, Associate Professor, University of Maryland School of Social Work *Lens draws upon her rich experiences as a lawyer, social worker, and ground-level researcher to illuminate the daily experiences of people without income in the courts. Like almost no one else, she knows unglamorous but essential corners of law, including welfare hearings, commitment proceedings for people with mental disabilities, and family courts. This text is a fine primer on law for the poor - and on the uses and limits of all kinds of law. * Felicia Kornbluh, PhD, MA, Director of Gender, Sexuality, and Women's Studies and Associate Professor of History, University of Vermont *Vicki Lens provides an insider's human perspective on how the courts can in fact work for the least advantaged in our society. Poor Justice deftly combines ethnographic detail of courtroom drama with legal analysis and political critique. It makes for compelling reading and important scholarship about how the courts do indeed offer some basis for hope. This book deserves wide readership by students, scholars, policymakers, and citizens alike. * Sanford Schram, PhD, MA, Professor of Political Science, Hunter College, CUNY *Professor Lens has written a scholarly and immensely readable analysis of justice - actually the lack of justice - for poor Americans. It is a powerful and irresistible call to action. * Robert Hayes, JD, Founder, National Coalition for the Homeless; President and CEO, Community Healthcare Network *Table of ContentsIntroduction Part I: Street Level Justice One: The Rules of Engagement Two: Welfare Fair Hearings Three: Child Maltreatment Proceedings Four: The Justice of Street Level Justice Part II: Justice for the Many: Social Reform Litigation Five: Courts as a Catalyst for Social Change Six: Protecting or Coercing Persons with Mental Disabilities Seven: Legal Advocacy for the Homeless Eight: The Justice of Social Reform Litigation Part III: High Justice: The Supreme Court Nine: The Supreme Court Ten: Race, Education and the Constitution Eleven: Criminal Justice and Racial Profiling Twelve: The High Justice of the Supreme Court Conclusion References Index

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Book SynopsisModern systems theory provides a new method for the analysis of society through an examination of the structures of its communications. In this volume, Niklas Luhmann, the theory''s leading exponent, explores its implications for our understanding of law.Luhmann argues that current thinking about how law operates within a modern society is seriously deficient. He lays out the theoretical and methodological tools that, he argues, can advance our understanding of contemporary society and in particular of the identity, performance, and function of the legal system within that society. In systems theory, society is its communications: they are its empirical reality; the items that can be observed and studied. Systems theory identifies how communications operate within a physical world and how different sub-systems of communication operate alongside each other.In this volume, Luhmann uses systems theory to address a question central to legal theory: what differentiates law from other socialTable of ContentsPreface ; Introduction ; 1. The Location of Legal Theory ; 2. The Operative Closure of the Legal System ; 3. The Function of Law ; 4. Coding and Programming ; 5. Justice: a Formula for Contingency ; 6. The Evolution of Law ; 7. The Position of Courts in the Legal System ; 8. Legal Argumentation ; 9. Politics and Law ; 10. Structural Couplings ; 11. The Self-description of the Legal System ; 12. Society and its Law ; Index

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Book SynopsisLabour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the informal sector. These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent yeTrade ReviewThe idea of labour law features 25 contributions from 29 leading experts in the field who challenge, in different ways, the way we think about labour law. All of the chapters are informative and thought-provoking. Several are outstanding...Following a useful introduction by the editors, the books successive chapters provide a wealth of information and analysis. * Anne Trebilcock, International Labour Review *The Idea of Labour Law is something too important to be left to lawyers alone; so I hope this edited collection is read by a wide audience in employment relations. * Aaron Rathmell (Barrister) Journal of Industrial Relations *This book, of twenty-five chapters by thirty authors, is packed with information, insight, argument, and angst. These chapters variously cry grief and despair, call for fundamental reformulation, suggest a less radical range for adaptation and growth, or express sobering cautions even as they echo the last suggestion. * Matthew W. Finkin, Comparative Labour Law & Policy Journal *Table of ContentsUnderstanding Labour Law: A Timeless Idea, a Timed-Out Idea, or an Idea Whose Time has Now Come? ; THE IDEA OF LABOUR LAW IN HISTORICAL CONTEXT ; 1. Labour Law After Labour ; 2. Factors Influencing the Making and Transformation of Labour Law in Europe ; 3. Re-Inventing Labour Law? ; 4. Hugo Sinzheimer and the Constitutional Function of Labour Law ; 5. Global Conceptualizations and Local Constructions on the Idea of Labour Law ; 6. The Idea of the Idea of Labour Law: A Parable ; NORMATIVE FOUNDATIONS OF THE IDEA OF LABOUR LAW ; 7. Labour Law's Theory of Justice ; 8. Labour as a 'Fictive Commodity': Radically Reconceptualizing Labour Law ; 9. Theories of Rights as Justifications for Labour Law ; 10. The Contribution of Labour Law to Economic and Human Development ; NORMATIVE FOUNDATIONS AND LEGAL IDEAS: RETHINKING EXISTING STRUCTURES ; 11. Re-Matching Labour Laws with Their Purpose ; 12. The Legal Characterization of Personal Work Relations and the Idea of Labour Law ; 13. Ideas of Labour Law - Views From the South ; 14. Informal Employment and the Challenges for Labour Law ; 15. The Impossibility of Work Law ; 16. Procurement Law to Enforce Labour Standards ; 17. Labor Activism in Local Politics: From CBAs to 'CBAs' and Beyond ; NEW LABOUR LAW IDEAS: RETHINKING EXISTING BOUNDARIES ; 18. The Broad Idea of Labour Law: Industrial Policy, Labour Market Regulation, and Decent Work ; 19. The Third Function of Labor Law: Distributing Labor Market Opportunities Among Workers ; 20. Beyond Collective Bargaining: Modern Unions as Agents of Social Solidarity ; 21. From Conflict to Regulation: The Transformative Function of Labour Law ; NEW IDEAS OF LABOUR LAW FROM AN INTERNATIONAL PERSPECTIVE ; 22. Out of the Shadows? The Non-Binding Multilateral Framework on Migration (2006) and Prospects for Using International Labour Regulation to Forge Global Labour Market Membership ; 23. Flexible Bureaucracies in Labor Market Regulation ; 24. Collective Exit Strategies: New Ideas in Transnational Labour Law ; 25. Emancipation in the Idea of Labour Law: Commoditization, Resistance and Distributive Justice beyond borders

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Book SynopsisA comprehensive study of Bedouin law, including oral, pre-modern law. It shows how a nomadic desert-dwelling society provides for its own law and order in the traditional absence of any centralized authority or enforcement agency to protect it.Trade Review“Clinton Bailey is an extraordinary master of Bedouin culture, bringing to us the beauty of Bedouin poetry and way of life. Now he has turned to a subject of equal fascination: Bedouin law, fashioned from the traditions of nomadic life and a keen sense of justice. Bailey’s book has deep meaning for anyone interested in distant cultures and in how the concept of law develops in a society.”—Anthony Lewis, author of Freedom for the Thought That We Hate: A Biography of the First Amendment -- Anthony Lewis“Bailey confronts a central issue in Bedouin life: the ability to survive without a government and maintain legal traditions that contribute to social stability. There is no other comprehensive study in English that analyzes this phenomenon as thoroughly as Bailey’s.”—Ernest S. Frerichs, Brown University -- Ernest S. Frerichs"Bailey's book is not only original, but extremely important, as it broadens the range of literature available on the Bedouin."—Benjamin Saidel, East Carolina University -- Benjamin Saidel

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Book SynopsisNot just for lawyers, these illuminating histories of popular law-related expressions will delight anyone fascinated by words, by history, or by law and law enforcementTrade Review"Lawtalk combines enormous erudition with loads of levity-the result being a compulsively browsable book that will leave readers wordly-wise."—Bryan A. Garner, President, LawProse, Inc., Editor in Chief, Black's Law Dictionary -- Bryan A. Garner"A genuine contribution in an area where precious little exists. Extraordinarily original and of even more extraordinary scholarship, truly erudite, researched and sourced. I would run to buy it." --Roger Newman, editor of The Yale Biographical Dictionary of American Law. -- Roger Newman“This imaginative book will enlighten and amuse not only lawyers, but anyone who thinks about law, talks about law, or has to deal with law—that is to say, all of us,”—Linda Greenhouse, author of Becoming Justice Blackmun -- Linda Greenhouse"The language of the law is endlessly colorful, sometimes quite literally so: think of blue laws, green cards, blackmail and white-shoe firms. Finally we have an authoritative reference for all these terms and many more, written in a highly engaging style. Even if you're a shyster who couldn't indict a ham sandwich, at least now you'll know where those expressions came from."—Ben Zimmer, executive producer of VisualThesaurus.com and Vocabulary.com. -- Ben Zimmer“Lawtalk is not just entertaining, but also quite educational. Lawyers, judges, and lay people interested in the workings of the legal system can learn a great deal from it,”—Peter Tiersma, Loyola Law School, Los Angeles. -- Peter Tiersma“Well-researched and entertaining...a skillful mix of scholarship and readability...extensively documented with social, cultural, historic, and, of course, legal sources.”—Joan Pedzich, Library Journal -- Joan Pedzich * Library Journal *"Lawtalk is serious scholarship . . . leavened with wry wit and a snappy style of writing that keeps one turning pages both to discover more and to smile more."—JoAnn Baca, The Federal Lawyer -- JoAnn Baca * The Federal Lawyer *"Elegant, deliciously detailed, and authoritative . . . demonstrate[s] that learning can be fun."—Glenn C. Altschuler, Huffington Post -- Glenn C. Altschuler * Huffington Post *“Lively and entertaining . . . fascinating . . . a gem of a book . . . well-documented and well-researched . . . Lawtalk yields a multitude of interesting and amusing tidbits.”—Donna M. Fisher, AALL Spectrum (American Association of Law Libraries) -- Donna M. Fisher * AALL Spectrum *“Insightful and entertaining”—Spartanburg Herald Journal * Spartanburg Herald Journal *“Fun and well-researched.”—Howard Shapiro, Philadelphia Inquirer -- Howard Shapiro * Philadelphia Inquirer *"A group of distinguished professorial lawyers . . . tell us the history and meaning of lawyer talk.”—Jacob Stein, Washington Lawyer * Washington Lawyer *"Very well researched and comprehensive. . .The history behind each phrase is fascinating. . .Provides an enlightening insight into the countless pieces of ‘legalese’ to which we are all exposed daily, but have had little reason to question - until now."—Law Actually blog * Law Actually blog *“[Lawtalk] would be a treasured newcomer to any bookshelf and provides an enlightening insight into the countless pieces of ‘legalese’ to which we are all exposed daily, but have had little reason to question - until now.”—Law Actually * Law Actually *“Insightful . . . [and] as entertaining as it is enlightening.”—John G. Browning, Southeast Texas Record -- John G. Browning * Southeast Texas Record *"A witty, informative collection . . . In a refreshingly candid manner, Lawtalk explores race, gender, and class issues associated with the evolution of commonly used phrases . . . Amusing, enlightening, and authoritative, this well-researched mini-reference is something readers will return to repeatedly."—Danielle Ochs-Tillotson, California Lawyer * California Lawyer *“Lawtalk stands apart from many popular works on word origins for the academic rigor underpinning its accessibility.”—Rebecca Shapiro, Dictionaries: Journal of the Dictionary Society of North America -- Rebecca Shapiro * Dictionaries: Journal of the Dictionary Society of North America *

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Book SynopsisAn original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of procedural' constitutionalism.Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial identification' of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a mythology' of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that aTable of ContentsIntroduction. Constitutional Mo(u)rning. Retelling the Legal Integration Story. Forgetting Law. Adjudicating Non-authoritative Law. Constitutionalizing the Institutional Balance of Powers. The Principled Judicial Mechanics of Constitutional Morphogenesis. Constitutionalism Beyond Constitutions

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisIn the midst of intense religious conflict in the late sixteenth and early seventeenth century, theological and political concepts converged in remarkable ways. Incited by the slaughter of French Protestants in the Saint Bartholomew''s Day Massacre, Reformed theologians and lawyers began to marshal arguments for political resistance. These theological arguments were grounded in uniquely religious conceptions of the covenant, community, and popular sovereignty. While other works of historical scholarship have focused on the political and legal sources of this strain of early modern resistance literature, The Immortal Commonwealth examines the frequently overlooked theological sources of these writings. It reveals how Reformed thinkers such as Heinrich Bullinger, John Calvin, Theodore Beza, and Johannes Althusius used traditional theological conceptions of covenant and community for surprisingly radical political ends.Trade Review'In The Immortal Commonwealth, David P. Henreckson navigates the oft-inordinately voluminous literature on Calvinist covenant theologies with the requisite dexterity, interpretive savvy and skills, not to mention much-needed patience to plow through these mostly forgotten and putatively esoteric treatises from an era, again, allegedly known for arid and atrophying Protestant scholastic discourses. Henreckson shows how the central theo-political idea of God as the covenanter has contributed to and ushered in the transformations of political theologies that pertain to Self, Society, and Savior in a refreshing way. It is truly worthy of the Augustinian dictum tolle lege!' Paul C. H. Lim, Vanderbilt University, author of Mystery Unveiled: The Crisis of the Trinity in Early Modern England'The Immortal Commonwealth is a sophisticated and powerful history of the impact of reformed Protestant theology on the politics of early modern Europe … The bibliography is a treasure trove of early modern theological and legal thought. This volume is required reading for understanding early modern European theology or politics.' J. J. Butt, Choice'The Immortal Commonwealth is an impressive debut from a fine scholar. It skilfully combines theology, political thought, and social ethics in one volume. Henreckson creates a compelling historical narrative, before concluding with a chapter on contemporary ethical ramifications in relation to political resistance to tyranny. The application of historical ideas is sometimes a fraught exercise. However, the historical work in the volume is of a high standard and the author does not overstep the line in attempting to retrieve the ideas for today. This is an erudite contribution that deserves commendation.' Simon P. Kennedy, Journal of Religious History'Henreckson's work is especially valuable in three ways. First, on a prima facie reading, he has done solid historical and theological spadework in bringing together these largely forgotten figures to establish their significance as a theological tradition existing across Europe offering a coherent theology of covenant and community … Secondly, in his innovative reading of these sources, in which he interrogates them in both theological and political terms, Henreckson demonstrates the intellectual benefits which can be obtained by going beyond the more common disciplionarly narrow readings of medieval and early modern sources … Finally, his work is valuable, not only as an example of historical retrieval and interdisciplionary analysis, but also as constructive theology.' Elisabeth Rain Kincaid, Political Theology'The Immortal Commonwealth is highly recommended, especially for those interested in Reformed political theology and ethics.' Timothy Baylor, Studies in Christian EthicsTable of ContentsIntroduction; 1. The covenanting God; 2. The law of the covenant; 3. Breaking covenant; 4. The unaccountable sovereign; 5. Consociational politics; 6. Resisting the devil.

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Book SynopsisExamines the growing contributions of activists and lawyers to policy reforms and legal and institutional change in South Korea and Japan. Drawing on 120 interviews and diverse sources, the book compares recent reforms related to disability rights and tobacco control to explore the evolving legal landscape of the two countries.

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Book SynopsisIn his seminal work, Emotional Intelligence, Daniel Goleman suggests that the common view of human intelligence is far too narrow and that emotions play a much greater role in thought, decision-making and individual success than is commonly acknowledged. The importance of emotion to human experience cannot be denied, yet the relationship between law and emotion is one that has largely been ignored until recent years. However, the last two decades have seen a rapidly expanding interest among scholars of all disciplines into the way in which law and the emotions interact, including the law’s response to emotion and the extent to which emotions pervade the practice of the law. In The Emotional Dynamics of Law and Legal Discourse a group of leading scholars from both sides of the Atlantic explore these issues across key areas of private law, public law, criminal justice and dispute resolution, illustrating how emotion infuses all areas of legal thought. The collection argues for a more positive view of the role of emotion in the context of legal discourse and demonstrates ways in which the law could, in the words of Goleman, become more emotionally intelligent.Table of Contents1. Contextualising Law and Emotion: Past Narratives and Future Directions Heather Conway and John Stannard 2. Affective Family Law Clare Huntington 3. Where There’s a Will … : Law and Emotion in Sibling Inheritance Disputes Heather Conway 4. The Emotional Dynamics of Undue Influence John Stannard 5. Discovering Dignity: Unpacking the Emotional Content of ‘Killing Narratives’ Mary Neal 6. Empathy for Victims in Criminal Justice: Revisiting Susan Bandes in Victimology Antony Pemberton 7. Re-Emotionalising Regulatory Responses to Child Sex Offenders Anne-Marie McAlinden 8. Emotions and the Assessment of Credibility Jane Herlihy and Stuart Turner 9. Emotional Transitions in Social Movements: The Case of Immigrant Rights Activism in Arizona Kathryn Abrams 10. Mediation and Emotions: Perception and Regulation Charlie Irvine and Laurel Farrington 11. Engaging with Emotions in the Legal Profession Eimear Spain and Timothy Ritchie 12. Emotion and the Discourse of Judging Terry A Maroney 13. Becoming Like Solomon: Towards an Emotionally Intelligent Legal System John Stannard and Heather Conway

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Book SynopsisMost people would agree that tax systems ought to be ‘just’, and perhaps a great deal more just than they are at present. What is more difficult is to agree on what tax justice is. This book considers a range of different approaches to, and ideas about the nature of tax justice and covers areas such as: - imbalances in international tax arrangements that deprive developing countries of revenues from natural resources and allow wealthy taxpayers to use tax havens; - protests against governments and large business; - attempts to influence policy through more technical means such as the OECD’s Base Erosion and Profits Shifting project; - interpersonal matters, such as the ways in which tax systems disadvantage women and minorities; - the application of wider philosophical or economic theories to tax systems. The purpose of the book is not to iron out these underlying differences into a grand theory, but rather to gain a more precise understanding of how and why we disagree about tax justice. In doing so the editors are assisted by a stellar cast of contributors from four continents, with a wide variety of views and experiences but a common interest in this central question of how to agree and disagree about tax justice. This is, of course, not only an intellectual exercise but also a necessary precursor to achieving real-world change.Trade ReviewThe book will bring us several steps further to achieve a better tax world. I hope many scholars and policy makers will incorporate the various ideas in the book! -- Peter Hongler, University of St Gallen * Intertax *There are several features of this book that make it useful for tax administration scholars and practitioners who are interested in tax justice and how tax administration, as an integral part of tax systems, can contribute to its fairness. -- Nigar Hashimzade, Brunel University London * Journal of Tax Administration *There is an optimism one gets from reading the chapters in this well-balanced, scholarly book. This book stands now as a testimony to the fact that there is far more that we have in common than that which divides us … the chapters of the book underscore our commonality. -- Stephen Daly, King’s College London * British Tax Review *This book considers various perspectives on tax justice contributed by an impressive number of experts – 20 in total, including both established and rising scholars … Subjects covered broadly include imbalances in international tax arrangements, the taxation of large companies, procedural justice, the tax biases against women and minorities, and the application of broader philosophical and economic approaches to tax justice … This book is a welcome addition to the literature. In his introduction, Dominic de Cogan writes that “the strength of this volume . . . is its sheer diversity” (p 2). This remark summarises the greatest value of the book -- Chike Emedosi, University of Aberdeen * The Edinburgh Law Review *Table of Contents1. Mapping Tax Justice Arguments Dominic de Cogan PART I CONCEPTIONS OF JUSTICE 2. A Principle of ‘Natural Justice’: Sir William Petty’s Treatise of Taxes and Contributions and the ‘Royal Absolutist’ Case for Excise Matthew Ward 3. Balancing Conflicting Conceptions of Justice in Taxation Sonja Dusarduijn and Hans Gribnau 4. (Un)Fairness as an Irritant to the Legal System: Th e Case of Two Legislatures and More Multinational Enterprises Emer Hunt PART II SOCIAL PROVISION 5. Taxing for Social Justice or for Growth? Asa Gunnarsson 6. A Brief Theory of Taxation and Framework Public Goods Darien Shanske PART III CITIZENSHIP 7. A Critical Analysis of How Formal and Informal Citizenships Influence Justice between Mobile Taxpayers Yvette Lind 8. Immigration, Emigration, Fungible Labour and the Retreat from Progressive Taxation Henry Ordower PART IV INTERNATIONAL 9. What May We Expect of a Theory of International Tax Justice? Dirk Broekhuijsen and Henk Vording 10. Re-Imagining Tax Justice in a Globalised World Tsilly Dagan 11. Between Legitimacy and Justice in International Tax Policy Ivan Ozai PART V JUSTICE AND PROCEDURES 12. Tax Justice in the Post-BEPS Era: Enhanced Cooperation Among Tax Authorities and the Protection of Taxpayer Rights in the EU Christiana HJI Panayi and Katerina Perrou 13. Tax Justice and Older People: An Examination Through the Lens of Critical Tax Theory Jane Frecknall-Hughes, Nashid Monir, Barbara Summers and Simon James 14. Tax Tribunals and Justice for Litigants in Person Richard Thomas 15. New Wave Technologies and Tax Justice Benjamin Walker

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Book SynopsisIn the past fifteen years there has been a marked increase in the international scholarship relating to women in law. The lives and careers of women in legal practice and the judiciary have been extensively documented and critiqued, but the central conundrum remains: Does the presence of women make a difference? What has been largely overlooked in the literature is the position of women in the legal academy, although central to the changing culture. To remedy the oversight, an international network of scholars embarked on a comparative study, which resulted in this path-breaking book. The contributors uncover fascinating accounts of the careers of the academic pioneers as well as exploring broader theoretical issues relating to gender and culture. The provocative question as to whether the presence of women makes a difference informs each contribution.Trade ReviewThis book encourages lawyers and gives them the strength they need not only to conquer the academic professional world, but also to shape it as teachers, researchers and scientists. -- Helene Evers and Juliane Ottmann * Zeitschrift des Deutschen Jurstinnenbundes (Bloomsbury translation) *A welcome addition to the growing literature on women and gender in law. It adds a perspective which has, until now, been missing and gives a fascinating insight into women in the legal academy … The contributions come from heavyweights in the field … as such the powerful writing and rigorous research which underpins the chapters comes as no surprise … I would recommend the collection to anyone interested in women in law and in law schools generally. -- Jessica Guth * The Law Teacher *This is an excellent collection of essays that has so many dimensions and so much to offer to its readers … It covers enormous ground, not only providing detailed first-hand information and individual case studies, but also broader overviews that deepen our conceptual frameworks … the book makes a significant contribution to a good number of areas within legal scholarship, such as women’s studies, legal biography, legal history, legal education and the sociology of professions, just to name a few. -- Victoria Barnes * Comparative Legal History *An excellent comparative study by an international network of scholars … As the number of women in law schools increases their voices and their needs become louder and more difficult to ignore or silence. This book assists in amplifying some of those voices. -- Nadia Stojanova * Law in Context *Table of ContentsIntroduction: Gender and Careers in the Legal Academy: Overview and Synthesis Ulrike Schultz, FernUniversität in Hagen, Germany PART I GENDER AND CAREERS IN THE LEGAL ACADEMY 1. Gender and Careers in the Legal Academy in Germany: Women’s Difficult Path from Pioneers to a (Still Contested) Minority Ulrike Schultz, FernUniversität in Hagen, Germany 2. Gender and the Legal Academy in the UK: A Product of Proxies and Hiring and Promotion Practices Liz Duff, University of Westminster, UK and Lisa Webley, University of Birmingham, UK 3. The Feminisation of Legal Academia in Quebec: Achievements and Challenges Julie Paquin, University of Ottawa, Canada 4. Women, Difference and Identities in the Brazilian Legal Professoriate Maria da Gloria Bonelli, Federal University of Sao Carlos, Brazil 5. India’s Women Legal Academics: Who They Are and Where You Might Find Them Swethaa S Ballakrishnen, University of California, Irvine, USA and Rupali Samuel is a human rights lawyer and researcher based in New Delhi 6. Women in the Legal Academy at the Law School of the University of Buenos Aires Beatriz Kohen, University of Palermo , Italy, Sonia Ariza Navarrete, University of Palermo, Italy and Maria de los Angeles Ramallo, University of Buenos Aires, Argentina 7. Breaking the Veil of Masculinity? Women and the Legal Academy in Ghana J Jarpa Dawuni, Howard University, USA PART II HISTORY OF WOMEN IN LAW FACULTIES 8. Why not Faster? Women in the Czech and Czechoslovak Legal Academy Jan Kober, Charles University in Prague, Czech Republic 9. Gender and Law Teaching in Scotland Peter Robson, University of Strathclyde, UK 10. Women’s Entry and Integration into Israel’s Legal Academia: History, Story, Non-Story and the Men(tor) Eyal Katvan, Peres Academic Center, Israel and Ruth Halperin-Kaddari, Bar-Ilan University, Israel 11. Women Legal Academics in China Xiaonan Liu, China University of Political Science and Law, China 12. Women Law Teachers in the Philippines then, Now and Six Decades in between: The Cheerless Transformation of a Road Less Travelled to a Path Oft-Chosen for Convenience Emily Sanchez Salcedo, De La Salle University, Philippines PART III FIRST AND EARLY WOMEN LAW PROFESSORS 13. Madeleine Gevers-Dwelshauvers (1897–1994). A Grande Dame at the Université Libre de Bruxelles Hans den Tonkelaar, Radboud University, the Netherlands 14. Compromise, Autonomy and Courage: Derkje Hazewinkel-Suringa, First Female Law Professor in the Netherlands (1889–1970) Leny de Groot-van Leeuwen, Radboud University, the Netherlands 15. Inkeri Anttila, the First Woman Law Professor in Finland (1916–2013) Harriet Silius, Abo Akademi University, Finland 16. Women and the Legal Academy in Estonia: In Memory of Vera Poska-Grünthal, the First Woman Law Lecturer in Tartu Merike Ristikivi, University of Tartu, Estonia 17. Alice Erh-Soon Tay and the Character of Legal Knowledge Susan Bartie, University of Tasmania 18. Oral History and Australia’s First Women Law Professors Kim Rubenstein, University of Canberra, Australia 19. The Way to Barbara Armstrong, First Tenure-Track Law Professor in an Accredited US Law School Susan D Carle, American University Washington, USA 20. Why Aisha Rateb could not become Egypt’s First Female Judge, and became Egypt’s First Female Law Professor Instead Omnia Mehanna, Egypt country national coordinator of the African Union of Development NGOs (UAOD) and Nadia Sonneveld, Leiden University, the Netherlands 21. First Female Law Student and Law Professor in Kuwait: Badria Al-Awadhi Opens Doors for Women in Law 1967–2020 Rania Maktabi, Ostfold University College, Norway PART IV PERSONAL NARRATIVES 22. Memories: Becoming a Law Professor Celia Wells, University of Bristol, UK 23. ‘Herculean Obstacles and Intrepid Complainants’: The Sex Discrimination Complaint at Osgoode Hall Law School, 1987–1994 Mary Jane Mossman, York University, Canada PART V FEMINISM IN THE LEGAL ACADEMY 24. The Road to Olive Stone Rosemary Auchmuty, University of Reading, UK and Jennifer Temkin, University of Sussex, UK 25. The First and Last(?) Feminist Law Professors in Australia Margaret Thornton, Australian National University 26. Feminist Legal Academics: Changing the Epistemology of American Law through Conflicts, Controversies and Comparisons Carrie Menkel-Meadow, University of California, Irvine, USA PART VI REFLECTIONS ON MASCULINITIES AND FEMININITIES IN THE LEGAL ACADEMY 27. Rethinking Masculinities in the Legal Academy: Men, Gender and Legal Careers (Or, Whatever Happened to the ‘Nutty Professor’?) Richard Collier, Newcastle University, UK 28. Patriarchal Discourses in the UK Legal Academy: The Case of the Reasonable Man Hilary Sommerlad, Leeds University, UK

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Book SynopsisThe real "enemies of the innocent" – the vulnerable in society – are the visionaries: those intellectuals, idealists, philosophers, and social engineers who aim to destroy traditional values under the guise of an ideological social justice theory. Nils Haug's penetrating new book explores these critical challenges to our society with its established way of life. Long-standing political, legal, and cultural arrangements, with the essential freedoms inherent in the democratic political order, are under lethal threat. Yet, the core conflict is between Judeo-Christianity and heretical secular humanist, new age, neo-pagan ideologies, with focus on the deep issues of truth, personal identity, meaning, and purpose of life. These heresies are not new, originating in ancient times, but arising again to cause much discord in our culture.Trade ReviewA critical insight into malignant ideals devastating Western civilization"" - Peter Titlestad, Professor Emeritus of English Literature, University of Pretoria""A perturbing but necessary exploration of primary human values struggling for survival"" - Henk Stoker, Professor of Apologetics & Ethics, North-West University""The harmful effects of complex ideological forces threatening the legal and ethical order of society are revealed in this compelling study"" - Hilton Staniland, Professor of Law, Queen Mary University

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