Law and society, sociology of law Books

Book SynopsisDemocracy does not deliver on the things we have assumed are its natural outcomes. This, coupled with a growing sense of malaise in both new and established democracies forms the basis to the assertion made by some, that these are not democracies at all. Through considerable, impressive empirical analysis of a variety of voting methods, across twenty different nations, Roslyn Fuller presents the data that makes this contention indisputable. Proving that the party which forms the government rarely receives the majority of the popular vote, that electoral systems regularly produce manufactured majorities and that the better funded side invariably wins such contests in both elections and referenda, Fuller’s findings challenge the most fundamental elements of both national politics and broader society. Beast and Gods argues for a return to democracy as perceived by the ancient Athenians. Boldly arguing for the necessity of the Aristotelian assumption that citizens are agents whose wishes and aims can be attained through participation in politics, and through an examination of what “goods” are provided by democracy, Fuller offers a powerful challenge to the contemporary liberal view that there are no "goods" in politics, only individual citizens seeking to fulfil their particular interests.Trade ReviewA visionary thought experiment...guaranteed to make you think differently about the trillion dollar bureaucracies we call democracy today. * Forbes *There is no doubting the timeliness of Fuller’s contribution to the ongoing debates over the future of democratic government. * The European Legacy *Beasts and Gods is a timely and provocative look behind the clichés of Western politics. It recognises that government of the people, by the people, is not what our current democracies feel like to most of their citizens. Fuller returns to the roots of democracy in classical republican practice and rediscovers the sources of the renewal that is urgently required. Her optimism makes this not just a challenging book but a heartening one. * Fintan O’Toole, deputy editor, Irish Times *Fuller’s is a timely book, laying out the myriad problems with modern democracy in plain English. Anyone concerned with the lack of participation in our modern democracies must read this. * Jillian York, director of International Freedom of Expression at the Electronic Frontier Foundation *Beasts and Gods provides a fascinating contrast between democracy in theory and democracy in practice. It deconstructs the assumptions underlying representative democracy, and debunks the fiction that modern elections are “free and fair”. This provocative book draws on lessons from ancient Greece, while advocating direct democracy by decoupling economics from politics. * Marjorie Cohn, professor of law, Thomas Jefferson School of Law *Everyone interested in rethinking democracy in the digital age should read this book. The old ways of governing are dying, and Beasts and Gods offers timely and provocative ideas on how to finally make people power a reality. * Micah Sifry, author of Wikileaks and the Age of Transparency *Fuller takes the much needed leap from pointing out what’s wrong with our democracies to proposing a parallel system based on democracy’s original foundations. It’s a strong reminder that democracy is and must always be a work in progress, or it won’t be a democracy at all. * Pía Mancini, democracy activist and co-founder of DemocracyOS *Every now and then Modern society throws up someone who questions its most cherished myths. The how and why of it deserves a book in its own right. Roslyn Fuller is one such, and, in this work, she takes on a holy cow, Democracy, that the West loves to believe it invented (like all good things). She is a young scholar, but gifted with the right intuition, attitude, and talent to take it on, full frontal, from A to Z. As such the book is a refreshing, and highly timely, tour de force, putting both conventional apologetics and hoary critiques to shame. It dares us to rethink the myth, and perhaps even to, finally, infuse some real content to it – before we are all entrapped in irreversible Oligarchy. * Rajani Kanth, Harvard University *Table of ContentsIntroduction: What is Democracy? Part I 1. Democracy in Athens: People Power is Born 2. The Myth of Representation 3. Buying and Selling Elections 4. Participation: Bought In or Locked Out? 5. Modern Democracy and the International System: A Perfect Storm 6. Non-Governmental Organizations and the Civil Society Chimera 7. How Did Things Get to Be this Way? The Roman Republican System and the Founding Fathers of America Part II 8. The Way Forward: Digital Democracy 9. Disinformed is Disenfranchised: Why Taming Mass Media is a Necessary Step towards Democracy 10. Democracy and Dissent: The Balance between Individual and Community 11. Direct Democracy Today: Cutting the Gordian Knot

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Book SynopsisSocio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science. The papers in this volume illustrate how a range of topics, including EU law, ombudsmen, judges, lawyers, Shariah Councils and the quality assurance industry can be researched from a socio-legal perspective. The objective of the collection is to show how different methods can be used in researching law and legal phenomena, how methodological issues and debates in sociology are relevant to the study of law, and the importance of the debate between "structural" and "action" traditions in researching law. It also approaches the methodological problem of how sociology of law can address the content of legal practice from a variety of perspectives and discusses the relationship between pure and applied research. The editors provide a critical introduction to each of the six sections, and a general introduction on law, sociology and method. The collection will provide an invaluable resource for socio-legal researchers, law school researchers and postgraduates.Trade ReviewI found all 16 papers to be of high caliber, clearly written and organized, and this makes for engaging reading. Theory and Methods in Socio-Legal Research will doubtless prove fruitful for use in all courses in sociolegal studies, but particularly in those courses taught in British and American law schools that tend to ignore conceptual and methodological considerations. A. Javier Trevino Law & Society Review Volume 41, Number 2 (2007)Table of ContentsIntroduction Reza Banakar and Max Travers 1. Law, Sociology and Method Reza Banakar and Max Travers SECTION 1: METHOD VERSUS METHODOLOGY Introduction to Section One Reza Banakar and Max Travers 2. Ethnography and Socio-Legal Research John Flood 3. Systems Theory and Qualitative Socio-legal Research Klaus A Ziegert SECTION 2: ETHNOGRAPHY AND LAW Introduction to Section Two Reza Banakar and Max Travers 4. Courses of Mobilisation: Writing systematic micro-histories of legal discourse Thomas Scheffer 5. "Standpoint", "Difference" and Feminist Research Samia Banio 6. Researching Women's Legal Experiences in Botswana: An anthropological perspective Anne Griffiths SECTION 3: STUDYING LEGAL TEXTS Introduction to Section Three Reza Banakar and Max Travers 7. Studying Cases Empirically: A sociological method for studying discrimination cases in Sweden Reza Banakar 8. Researching Ombudsmen Mary Seneviratne 9. Discourse Analysis and the Implementation of a European Directive Bettina Lange SECTION 4: STRUCTURAL APPROACHES Introduction to Section Four Reza Banakar and Max Travers 10. How to Study the Social and Legal Position of Danish Judges Ole Hammerslev 11: Changing Maps: Empirical legal autopoesis John Paterson and Gunther Teubner SECTION 5: STUDYING LEGAL CULTURES Introduction to Section Five Reza Banakar and Max Travers 12. Doing Research into Comparative Criminal Justice David Nelken 13. Researching Legal Culture in Russia Marina Kurkchiyan SECTION 6: SOCIO-LEGAL RESEARCH IN THE UK Introduction to Section Six Reza Banakar and Max Travers 14. Constructing a Typology of Administrative Grievances Michael Adler 15. The Formalisation of Research Ethics Andrew Boon 16. Evaluation Research and Legal Services Max Travers

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Book SynopsisThere is a growing interest within law schools in the intersections between law and different areas of social theory. The second edition of this popular text introduces a wide range of traditions in sociology and the humanities that offer provocative, contextual views on law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, systems theory, critical approaches, law in action, postmodernism, and law in global society. Each chapter is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. New chapters include authoritative reviews of actor network theory, new legal realism, critical race theory, post-colonial theories of law, and the sociology of the legal profession. Over half the chapters are new, and the rest are revised in order to include discussion of recent literature.Table of ContentsIntroduction Reza Banakar and Max Travers Section 1: Classical Sociology of Law Introduction by Reza Banakar and Max Travers 1 The Problematisation of Law in Classical Social Theory Alan Hunt 2 Sociological Jurisprudence A Javier Trevino Section 2: Systems Theory Introduction by Reza Banakar and Max Travers 3 The Radical Sociology of Niklas Luhmann Michael King 4 The Legal Theory of Jürgen Habermas: Between the Philosophy and the Sociology of Law Mathieu Defl em Section 3: Critical Approaches Introduction by Reza Banakar and Max Travers 5 Marxism and the Social Theory of Law Robert Fine 6 Pierre Bourdieu's Sociology of Law: From the Genesis of the State to the Globalisation of Law Mikael Rask Madsen and Yves Dezalay 7 Feminist Legal Theory Harriet Samuels 8 Critical Race Theory Angela P Harris Section 4: Law in Action Introduction by Reza Banakar and Max Travers 9 Interpretive Sociologists and Law Max Travers 10 Bruno Latour's Legal Anthropology Frédéric Audren and Cédric Moreau de Bellaing 11 New Legal Realism and the Empirical Turn in Law Stewart Macaulay and Elizabeth Mertz Section 5: Postmodernism Introduction by Reza Banakar and Max Travers 12 Foucault and Law Gary Wickham 13 Law and Postmodernism Shaun McVeigh 14 Postcolonial Theories of Law Eve Darian-Smith Section 6: Law in a Global Society Introduction by Reza Banakar and Max Travers 15 Reviewing Legal Pluralism Anne Griffiths 16 Globalisation and Law: Law Beyond the State Ralf Michaels 17 Law and Regulation in Late Modernity Reza Banakar 18 Studies of the Legal Profession Ole Hammerslev 19 Comparative Sociology of Law David Nelken

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Book SynopsisThis book offers an in-depth analysis of the case of Corbett v Corbett, a landmark in terms of law’s engagement with sexual identity, marriage, and transgender rights. The judgement was handed down in 1970, but the decision has shaped decades of debate about the law’s control and recognition of non-normative gender identities. The decision in this case – that the marriage between the Hon. Arthur Corbett and April Ashley was void on the grounds that April Ashley had been born male – has been profoundly influential across the common law world, and came as a dramatic and intolerant intervention in developing discussions about the relationships between medicine, law, questions of sex versus gender, and personal identity. The case raises fundamental questions concerning law in its historical and intellectual context, in particular relating to the centrality of ordinary language for legal interpretation, and this book will be of interest to students and scholars of language and law, legal history, gender and sexuality. Table of ContentsChapter 1: IntroductionChapter 2: Intellectual BackgroundChapter 3: Legal Sex and MarriageChapter 4: The Decision in Corbett v CorbettChapter 5: Ordinary Meaning Beyond the Law/Fact DistinctionChapter 6: ConclusionIndex

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Book SynopsisThis book provides a timely analysis of the use of cultural narratives and narratives of credibility in rape trials in England and Wales, drawing on court observation methods. It draws on data from rape and sexual assault trials in 2019 which is used to examine the current status of newly emerging issues such as the use of digital evidence and the impacts of increasing policy attention on rape trials. Drawing on the concept of master narratives, the book provides an examination of rape myths and broader cultural narratives focussing on the intersections of gender and class and it also touches on the intersections of age, (dis)ability and mental health. It emphasizes the importance of situating rape myth debates and sexual violence research within a broader cultural context and thus argues for widening the lens with which rape myths in the courtroom, as well as in the wider criminal justice system, are viewed in research and contemporary debates. The findings presented in this book will help further discussion at a critical time by enabling scholars, as well as practitioners and policymakers, to better understand the current mechanisms that serve to undermine and retraumatise victim-survivors in the courtroom. It seeks to inform further research as well as positive changes to policy and practice.Table of ContentsChapter 1:- Introduction.- Chapter 2:- Rape Myths in the Courtroom.- Chapter 3:- Respectability.- Chapter 4:- Honesty and excuses.- Chapter 5:- What needs to change?

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Book SynopsisChapter 1. Introduction (Simon Halliday and Sharon Cowan).- chapter 2. The man, his politics and intellectual origins: a short biography of Mike Adler (Linda Mulcahy).-chapter 3. Just AI: using socio-legal studies of fairness to inform ethical AI in government (Paul Henman).- chapter 4. Discretion and power (Dave Cowan and Sally Wheeler).- chapter 5. Examining prison discourse: extending discourse, power and justice' to front-line prison officers (Shelley Eder).- chapter 6. Thought styles on administrative justice systems (TT Arvind, Simon Halliday and Lindsay Stirton).- chapter 7. The political vulnerability of the american administrative state (Robert A. Kagan).- chapter 8. Rights and obligations in social security (Gráinne Mckeever).- chapter 9. Law, begging and pragmatic decency (Sara Stendahl).- chapter 10. Administrative justice and austerity: the case of disputes about adult social care (Jackie Gulland).- Afterword (Jonathan Simon).

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Book SynopsisChapter 1. Introduction: Neuro, Psychiatry, Ethics and Law.- Chapter 2. Psychological and Brain Development.- Chapter 3. The Brain and the Law.- Chapter 4. The Developing Brain and the Law.- Chapter 5. Brain and Behavior: A Pragmatic Approach.

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Book SynopsisChapter 1: Homage to Basarab Nicolescu.- Chapter 2: On the Grounds for a Transdisciplinary Methodology.- Chapter 3: Transdisciplinarity, the Origin of the Word and of a New World.- Chapter 4 Transdisciplinarity in Law An Epistemological Necessity of the 21st Century.- Chapter 5: Applied Methodologies  Integrating Qualitative and Quantitative Methods in Legal Research.- Chapter 6: The Concept of ‘Levels of Reality’ in Transdisciplinarity.- Chapter 7: Foundations of the ‘Transdisciplinarisation’ of Law.- Chapter 8: Transdisciplinary Methodology.- Chapter 9: The Link Between Environmental Rights and the Rights of Nature The Virtues of a  Complexity Based Approach.- Chapter 10: Instead of Epilogue Possible Developments of Transdisciplinarity in Law.- Chapter 11: Conclusions.

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Book SynopsisEurope has come a long way at least in the institutional response to racism. This book describes the responses of the Council of Europe and the European Union to the worrying trends of racism and xenophobia in the 1990s, and considers the prospects for combating discrimination in Europe using tools that have emerged as a result. Part one looks at the evolution of the Council of Europe apparatus to combat discrimination and the anti-discrimination standards prescribed by its institutions. Part two considers the legislative measures recently adopted by the European Union. The contributions in Part three take a comparative perspective of all measures adopted at European level to combat racial and ethnic discrimination.Trade Review'The Development of Legal Instruments to Combat Racism in a Diverse Europe provides a useful reference point to the question of the legal regulation of racial discrimination by European institutions, and consequential problems faced by States in the implementation of their international obligations. The work provides a valuable contribution to the academic literature in this field and should prove useful to those engaged in this particular area. Steven Wheatley, International Journal on Minority and Group Rights, Volume 12 (2005).Table of ContentsIntroduction, Jan Niessen and Isabelle Chopin; Part I: Council of Europe Anti-discrimination Standards: 1. The Application of Article 14 ECHR by the European Court of Human Rights Janneke Gerards; 2. A new European Standard against Discrimination: Negotiating Protocol no. 12 to the European Convention on Human Rights, Jeroen Schokkenbroek; 3. The Preparation of ECRI General Policy Recommendation No. 7 on National Legislation to Combat Racism and Racial Discrimination Giancarlo Cardinale; Part II: European Union Anti-discrimination Legislative Measures: 4. The Starting Line and the Racial Equality Directive, Jan Niessen and Isabelle Chopin; 5. The Negotiation of the European Community Directive on Racial Discrimination, Adam Tyson; 6. The European Court of Justice and Anti-Discrimination Law: Some reflections on the experience of gender equality jurisprudence for the future interpretation of the Racial Equality Directive, Sejal Parmar; 7. Comparing National and Community Anti-Discrimination Law, Per Johansson; Part III: A Comparative Perspective: 8. Setting Standards in the Fight against Racism: A Comparison of the European Union and the Council of Europe, Mark Bell; 9. Implementing European Anti-Discrimination Law: A Critical Analysis, Ann Dummett; Annexes: 1. Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin; 2. Protocol No 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms and Explanatory Report; 3. ECRI General Policy Recommendation No 7 on National Legislation to Combat Racism and Racial Discrimination; 4. Proposal for a Council Framework Decision on combating racism and xenophobia; List of Contributors; Selected Bibliography; Index.

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Book SynopsisIn The Protectors of Indians in the Royal Audience of Lima: History, Careers and Legal Culture, 1575-1775 Mauricio Novoa offers an account of the institution that developed in the vice-royalty of Peru for the protection of Indians before the high courts of justice. Making use of historical materials, Novoa provides a comprehensive view on the formation of the legal elite in Lima during the colonial period; reviews the litigation undertaken by indigenous plaintiffs, and explains the legal culture that allowed the development of juristic doctrine around the Indian personal status.Table of ContentsAcknowledgements ... ix List of Illustrations, Charts and Tables ... xi List of Abbreviations ... xiii Introduction ... 1 1 Bishop Protectors ... 16 2 Protectors of Indians in the Audience of Lima ... 44 3 Social Characteristics ... 71 4 Advancement and Careers ... 104 5 Economic Position ... 145 6 Legal Culture ... 179 7 Litigation at the Royal Audience of Lima ... 206 Conclusion ... 231 Appendices ... 235 Appendix 1: Biographical Notes ... 237 Appendix 2: The Library of Cipriano de Medina (1635) ... 254 Appendix 3: The Library of García José Lasso de Vega (1775) ... 277 Appendix 4: Procurators of Indians in the Real Audiencia of Lima, 1552–1789 ... 285 Bibliography ... 291 Index ... 320

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Book SynopsisIn this collected volume, Aharon Layish demonstrates that legal documents are an essential source for legal and social history. Since the late nineteenth century, Islamic law has undergone tremendous transformations, some of which have strongly affected the basic features of its nature. The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.Table of ContentsIn Memoriam Aharon Layish (1933-2022), Ron Shaham and David S. Powers Acknowledgments Note from the Publisher Introduction Part 1 Interplay between Sharīʿa and Tribal Law 1. Customary khulʿ as reflected in the sijill of the Libyan Sharīʿa courts 2. Interplay between Tribal and Sharʿī Law: A Case of Tibbāwī Blood Money in the Sharīʿa Court of Kufra 3. Shahādat naql in the Judicial Practice in Modern Libya 4. Islamization of custom as reflected in awards of tribal arbitrators in the Judaean desert 5. The Qāḍī’s Role in the Islamization of Sedentary Tribal Society 6. Dār ʿadl – Symbiosis of Custom and Sharīʿa in a Tribal Society in Process of Sedentarization 7. The fatwā as an instrument of the Islamization of a tribal society in process of sedentarization Part 2 Legal Methodologies in Sudan 8. The Sudanese Mahdī’s Legal Methodology and its Ṣūfī Inspiration 9. The Legal Methodology of the Mahdi in the Sudan, 1881-1885: Issues in Marriage and Divorce 10. Ḥasan al-Turābī (1932– ) Part 3 Modern Trends in Islamic Law 11. The Transformation of the Sharīʿa from Jurists’ Law to Statutory Law in the Contemporary Muslim World 12. Islamic Law in the Modern World: Nationalization, lslamization, Reinstatement Part 4 Waqf, Testamentary Waqf and Bequests 13. Waqfs of Awlād al-Nās in Aleppo in the Late Mamlūk Period as Reflected in a Family Archive 14. Waqfs and Ṣūfī Monasteries in the Ottoman Policy of Colonization: Sulṭān Selīm I’s Waqf of 1516 in favour of Dayr al-Asad 15. The Mālikī Family Waqf according to Wills and Waqfiyyāt 16. The Family Waqf and the Sharʿī Law of Succession in Modern Times 17. Bequests as an Instrument for accommodating Inheritance Rules: Israel as a Case Study 18. The Muslim Waqf in Israel Part 5 Islamic Law in a Non-Muslim State 19. The Heritage of Ottoman Rule in the Israeli Legal System: The Concept of Umma and Millet 20. Adaptation of a Jurists’ Law to Modern Times in an Alien Environment: The Case of the Sharīʿa in Israel Index

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Book SynopsisWinner of the 2017 Choice Outstanding Academic Title Award In Marxism and Criminology: A History of Criminal Selectivity, Valeria Vegh Weis rehabilitates the contributions and the methodology of Marx and Engels to analyze crime and punishment through the historical development of capitalism (15th Century to the present) in Europe and in the United States. The author puts forward the concepts of over-criminalization and under-criminalization to show that the criminal justice system has always been selective. Criminal injustice, the book argues, has been an inherent element of the founding and reproduction of a capitalist society. At a time when racial profiling, prosecutorial discretion, and mass incarceration continue to defy easy answers, Vegh Weis invites us to revisit Marx and Engels’ contributions to identify socio-economic and historic patterns of crime and punishment in order to foster transformative changes to criminal justice. The book includes a Foreword by Professor Roger Matthews of Kent University, and an Afterword written by Professor Jonathan Simon of the University of California, Berkeley.Trade ReviewWinner of the the ACJS Outstanding Book Award 2019 "It is very rare these days to find a book that combines a critical, historical and structural account of crime, punishment, and social control. Marxism and Criminology: A History of Criminal Selectivity achieves those goals by doing for crime and crime control what Rusche and Kirchheimer - in their path-breaking text Punishment and Social Structure - did for the analysis of punishment and incarceration." - Roger Matthews, Preface "Vegh Weis’ millennial Marxism is well selected and read for the new logics of permanent unemployment, financial risk-taking, mass migration and terrorism. It comes at a timely moment when new profound problems that arise with the global economy have subjected the carceral state to more intense economic scrutiny than in the past, and when a growing social movement of people of color and others excluded by forms of normality are challenging the role of punishment in maintaining racial hierarchies as a threat to their dignity, and even survival. With growing pressure from both ends to reform the carceral state in the United States and elsewhere (as in the 1960s and 1970s), Critical Theory - with a generationally sharpened edge - is vital. This book delivers just that." - Jonathan Simon, Afterword "... Vegh Weis's book is essential reading. Its breadth of analysis allows Marxism and Criminology to take on the types of big questions that historical monographs often miss, and its openly Marxist perspective is refreshing in an era where many historians have retreated from any type of theoretical analysis." - Sam Mitrani, College of DuPage "All in all, Marxism and Criminology is an activist book, which might help modern paupers in their struggle against commonplace discriminatory assumptions, not only by recalling that the acts of social harm realized by the upper classes are no less criminal, but also by displaying that in our contemporary capitalist order punishment can be, and is most of the time, itself a crime." - Funda Hülagü, in: Science & Society 83/1 "[This] path-breaking book compels us to revisit the insights of Marx and Engels and she challenges the dated, but often stated, claim made by orthodox Marxists (e.g., Hirst, 1975) that Marxist theory cannot be applied to the study of crime and law. Vegh Weis demonstrates that nothing can be further from the truth. As well, throughout her book, she contests the frequently cited declarations that Marx and Engels had very little to say about crime and that the sociology of law was little more than a secondary interest to them." - Walter S. DeKeseredy (West Virginia University, USA), in: Punishment & Society, April 9, 2018 "[...] [C]ertainly since Rusche and Kirchheimer and Foucault, we have an attempt at a general synthesis which brings together a vast range of empirical material on the dimensions of criminalisation which is then theorised in terms of a clearly articulated relationship to the central dynamic of capitalist development. The contribution of this book to the development of Marxist criminology and, reciprocally, criminologically-sensitive Marxism, is immense. If we want to understand where the world is heading, and the urgency of reform, then this is precisely the type of contribution we need." - Jhon Lea, in: The British Journal of Criminology, 21 March 2018 "Overcoming the particularistic and formalized view of criminal unfairness is perhaps one of Vegh Weis' great contributions [...] she shows that much of the legal world is set to become an autonomous field separated from social-economic conditionings [...] Marxism and Criminology is an excellent contribution to renew the debate on the causes of the growing demand for punitiviness and, at the same time, a questioning of the legal field auto-perception as emancipated from the conditions of production and reproduction of the life and the world." [original text:] "Superar la mirada particularista y formalizada es quizás uno de los grandes aportes de Vegh Weis: su trabajo cuestiona los “vientos teóricos” que reiteran el pensamiento habitual, no relacional, que hace de los comportamientos estancos (de las disciplinas) su criterio de sagacidad. Vegh Weis pone en evidencia que gran parte del mundo jurídico se dispone a constituirse como campo autónomo del acontecer económico-social... , Marxism and Criminology es un excelente aporte para renovar el debate sobre las causas de la creciente demanda de punitivismo y, al mismo tiempo, un cuestionamiento sobre las bases (no precisamente muy sólidas) con que el campo jurídico se auto percibe en términos emancipados de las condiciones de producción y reproducción de la vida y el mundo. - Jorge Elbaum, in Delito y Sociedad, 2018 "In this important work, Vegh Weis (NYU) does a brilliant and accessible job of applying Marxist theory to modern criminality. […] Throughout this work, Vegh Weis positions her inquiry in critical social theory that considers crime in its socioeconomic context. Summing Up: Essential. Upper-division undergraduates and above." - F. E. Knowles (Valdosta State University), CHOICE, September 2017 "El texto de Vegh Weis es una novedad que no debe pasar por alto porque se trata de una de las aventuras más audaces que se haya emprendido en los últimos tiempos en la arena de la criminología y la crítica jurídica. A lo largo de sus páginas, Vegh Weis describe y analiza, sintetiza y arriesga, en una prosa que sabiéndose fundamentada en una sólida investigación desarrollada en Argentina, en Estados Unidos y en Europa, y se desliza al terreno de nuevas teorizaciones, ese terreno siempre fangoso, logrando, empero, salir airosa." - Juan Manuel Suppa Altman (Universidad de Buenos Aires, Argentina), in: Revista de Historia del Derecho, N° 53, January-June 2017, pp. 187-189 "Valeria Vegh retakes, many decades later, the fundamental statements of Punishment and Social Structure by Rusche and Kirchheimer and goes beyond the strict consideration of the labor market to delve into the complex social and economic relations under which criminal demonstrations contemporarily take place [...] it is a real pleasure to present an investigation of the rigorousness that Valeria Vegh's work possesses. I hope that it has a long journey. I am sure it will have it and that it can also be translated and known by a wider audience beyond the U.K. and the U.S.A. [...] this would be extraordinary for the essential enrichment that the criminological disciplines need, this work can both feed and contribute to it." - Iñaki Rivera Beiras (Facultat de Dret), in: Critica Penal y Poder, N° 15, Barcelona (2018) "The book, Marxism and Criminology, which I have received and read, must be the most extended treatment of Marx and crime made in many years.... What I am fascinated by, and interested in, in this very impressive book, is the analysis according to the stages of capitalism in relation to forms of crime." - Richard Quinney ---------------------------------------- For more information on the author and her research, please read an interview with the BBC here, and an interview with Period. here. ---------------------------------------- Please find below an overview of Vegh Weis's recent (book) presentations: 1. Manchester Workshops in Political Theory. Marxism Specialist Group of the PSA, Sep. 11-13, 2017 2. Seminar ‘Saber Penal.’ Buenos Aires University School of Law, Oct. 18, 2017 3. PSA Marxism Specialist Group Panels for the PSA Annual Conference. Cardiff, UK, Mar. 26-28, 2018 4. 200 Marx Conference, Berlin, Germany , May 4, 2018 5. European Criminology Conference (forthcoming Sep) 6. American Criminology Conference (forthcoming Nov)Table of ContentsList of Tables and Figures Preface Acknowledgements Chapter 1: Introduction Criminological Theories and the Notion of ‘Criminal Selectivity’ ‘Criminal Selectivity’ through the Work of Marx and Engels Marx and Engels’ Contributions Did Not Analyze Crime and Crime Control in Deep. Marx and Engels’ Contributions Understood Crime and Crime Control as Superstructural Aspects. Marx and Engels’ Constributions Lead to the Failure of ‘Real Socialism.’ Marx and Engels’ Contributions Are Necessary to Analyze Crime and Crime Control A Conceptualization of ‘Criminal Selectivity’ from a Marxist Perspective Chapter 2: Original Criminal Selectivity Where, How and When of the ‘Primitive Accumulation’ (Late 15th to Early 18th Century). Original Conflict-Control Original Under-Criminalization Original Over-Criminalization The Different Application of Penalization and the Transit from Physical Punishment to Workhouses Who Were the Social Sectors Targeted by Original Criminal Selectivity? Mixed insertion in the ‘Primitive Accumulation’ Punishment during Original Criminal Selectivity Manifest Functions. Latent Functions Creating a Disciplined Working Class Imposing a New Social Order Fragmenting the Dispossed Sectors Moral Entrepeneurs and Moral Panics Brief Reflections Chapter 3: Disciplining Criminal Selectivity Where, How and When of the Disciplining Social Order (late 18th century- late 20th century). Disciplining Conflict-Control First Disciplining Phase: Legally-Disciplining Criminal Selectivity (Late 18th Century) Legally-Disciplining Under-Criminalization Legally-Disciplining Over-Criminalization Second Disciplining Phase: Police-Medically Disciplining Criminal Selectivity (19th Century) Police-Medically Disciplining Under-Criminalization Police-Medically Disciplining Over-Criminalization Third Disciplining Phase: Socio-Disciplining Criminal Selectivity (Early to Late 20th Century) Socio-Disciplining Under-Criminalization Socio-Disciplining Over-Criminalization Who Were the Social Sectors Targeted by Disciplining Criminal Selectivity? Mixed Insertion in the Disciplining Social Order Punishment during Disciplining Criminal Selectivity Manifest Functions Retribution or ‘Just Deserts’ Theory Specific Deterrence/Incapacitation Theory General Deterrence Theory Rehabilitation Theory Latent Functions Disciplining the Worker That Resisted the New Social Order and Its Guidelines Disciplining the Entire Working Class Fragmenting the Working Class Moral Entrepeneurs and Moral Panics Brief Reflections Chapter 4: Bulimic Criminal Selectivity Where, How and When of the Bulimic Social Order (Late 20th to 21th Century). Bulimic Conflict-Control Bulimic Under-Criminalization Bulimic Under-Criminalization on the ‘War on Terror.' Bulimic Under-Criminalization of Financial Manouvers Bulimic Over-Criminalization Bulimic Over-Criminalization on the ‘Social Junk.' Bulimic Over-Criminalization on the ‘Social Dynamite’ Who Were the Social Sectors Targeted by Bulimic Criminal Selectivity? Mixed Insertion in the Bulimic Social Order. Punishment during Bulimic Criminal Selectivity Manifest Functions. Latent Functions Incapacitating the problematic social sectors Controlling the Modern Pauperism Fragmenting the working class Moral Entrepreneurs and Moral Panics Promoting a ‘crime control industry’ and the omnipresent control of the social whole. Brief Reflections Chapter 5: Final Reflections. References. Index

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Book SynopsisVisions of Justice offers an exploration of legal consciousness among the Muslim communities of Central Asia from the end of the eighteenth century through the fall of the Russian Empire. Paolo Sartori surveys how colonialism affected the way in which Muslims formulated their convictions about entitlements and became exposed to different notions of morality. Situating his work within a range of debates about colonialism and law, legal pluralism, and subaltern subjectivity, Sartori puts the study of Central Asia on a broad, conceptually sophisticated, comparative footing. Drawing from a wealth of Arabic, Persian, Turkic and Russian sources, this book provides a thoughtful critique of method and considers some of the contrasting ways in which material from Central Asian archives may most usefully be read. Publication in Open Access was made possible by a grant from the Volkswagen Foundation.Trade ReviewEndorsements for Visions of Justice "Visions of Justice is a remarkable depiction of Islamic justice among Central Asian Muslims under Tsarist rule. Paolo Sartori’s book tells a story that everyone interested in Islamic legal institutions and practice should hear. This meticulously researched, eloquently narrated account will generate an impact beyond the field of Central Asian studies." – Boğaç A. Ergene, University of Vermont "Based upon a wide range of legal sources written in Russian, Arabic, Persian, and Chaghatay, Visions of Justice invites readers to understand law as it was experienced by Muslims in Central Asia under tsarist rule and to explore the complex relationship between law and colonialism. This is an invitation that scholars of Islamic law will want to accept." – David S. Powers, Cornell University "Paolo Sartori’s Visions of Justice is a brilliant and pathbreaking study of Tsarist-era Central Asia, and should launch a fundamental rethinking of Central Asian history from the late 18th to 21st centuries. Focused on the encounter of Russian and local legal institutions and procedures during the late 19th and early 20th centuries, the book reveals the complex adaptations and manipulations, by Central Asians, of the expanded menu of legal options that would prove to be one of the most subtly transformative aspects of Russian rule." – Devin DeWeese, Indiana University "Visions of Justice is an instant classic in the historiography of modern Central Asia. In breathtaking detail, Sartori describes the transformation of the Islamic field under colonial rule. Through a stunning variety of new evidence mined from official and private family archives across Uzbekistan, much of it bringing to life and humanizing the acute concerns of Central Asian litigants, Sartori addresses a number of significant and longstanding lacunae in the historiography." – Eren Tasar, University of North Carolina, Chapel Hill Reviews of Visions of Justice “[...] Visions of Justice covers fundamental academic research which fills lacunas in the studies of the legal history of Transoxiana in the period of Russian colonization. It offers a complex outlook on the evolution of the Islamic judicial system in Russian Central Asia and introduces a large number of new documentary sources on the everyday consumption of the sharīʿa justice in a changing social environment. Numerous excerpts from archival material quoted throughout the book as well as full texts of exemplary documents in the Appendix provide a solid footing for the author’s argumentation and conclusions. Specialists will take advantage of transcriptions of the most important fragments from original texts occasionally supplemented with photocopies of quoted documents. What makes Visions of Justice suitable for a wider readership is that the intriguing lawsuit cases are regularly discussed as life stories in which the author gives voice to people of varied standing, be they ordinary Muslim litigants of both sexes, or high up native judges and legists, or local translators and assessors, or Russian military and administrative officials on different rungs of the imperial bureaucratic ladder.” – Mikhail Pelevin, Saint Petersburg State University, in Iranian Studies 51.6 (2018). “Every so often though a book about Central Asian Islam comes along which scholars working on other parts of the Muslim world need to take notice of—which deserves to become influential well beyond the narrow group of Central Asian specialists. [...] Paolo Sartori’s magnificent book deserves to join this short and exclusive list. [...] The major contribution Sartori has made here to the history of Central Asia is not in doubt. Why should it also be of interest to historians of other parts of the Muslim world, as I argued at the outset? One reason is the sheer level of detail that Sartori is able to provide in his case-studies (the book also contains a series of generous appendices with facsimiles and translations of archival documents) which has rarely if ever been matched by historians working on Islamic legal institutions under British, French or Dutch colonial rule. This in turn is because taken together, Central Asian archive and manuscript collections are among the largest surviving anywhere in the Muslim world—probably second only to the Ottoman archives in their significance—and yet they remain little known and little used by historians of Islam, who remain overwhelmingly focused on the Middle East. This needs to change, and Sartori’s superb book should be the catalyst.” – Alexander Morrison, New College, Oxford, in Journal of Islamic Studies 30.2 (2019). "Visions of Justice can be considered a particularly rich and valuable work. By consulting various archival resources, the book brings details about the lived realities of people of Central Asia to our attention from a micro-perspective. Building on various court cases, particularly criminal cases, the author explores the multilayered, complex systems of laws and social relations that characterize a part of the world which has usually been looked at with a more macropolitical approach. [...] This sums up this book that can only be described as seminal and inspiring due to its depth and serious creative research. He is to be congratulated." – Amira Sonbol (Qatar), in Historische Anthropologie (2021). "One of the main historiographical challenges that scholars of Islamic law (and Islam) in the Islamic East are facing is striking the balance between the multiple geographical and chronological registers. Paolo Sartori's Visions of Justice is a welcomed addition to this body of works and, more importantly, an excellent example of the enormous potential of this historiographical path." – Guy Burak, New York University, in Quaderni Storici 164.2 (2020).Table of ContentsAcknowledgments Note on Transliteration and Nomenclature Abbreviations List of Maps and Illustrations Introduction Chapter One: The Islamic Juridical Field in Central Asia, ca. 1785-1918 Chapter Two: Native Judges into Colonial Scapegoats Chapter Three: The Bureaucratization of Land Tenure Chapter Four: Annulling Charitable Endowments Chapter Five: Fatwas for Muslims, Opinions for Russians Epilogue: The Legacy: Opportunities from Colonialism Appendixes I-IV Glossary of Islamic Terms Archival Files Consulted Bibliography Index

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Book SynopsisThe theme of this BRP is the right to procreate in the Israeli context. Our discussion of this right includes the implementation of the right to procreate, restrictions on the right (due to societal, legal, or religious concerns), and the effect of the changing conception of the right to procreate (both substantively and in practice) on core family concepts.Table of ContentsAbstract; Introduction; Chapter 1. The Right to Procreate in Surrogacy and Egg Donation: Legal Arrangements, Difficulties, and Challenges: I. Background II. Surrogacy and Egg Donation: Restricted Openness A. Preserving the Traditional, Heterosexual Family Structure B. The Centrality of Genetic Connections C. Protecting Religious Interests III. Proposals for Changing the Current Legal Situation Chapter 2. The Right to Posthumous Procreation: I. Background II. The Parents' Right to Posthumous Fertilization III. The Future of the Parents' Right to Posthumous Fertilization: Two Concepts of the Right to Procreation A. The Supreme Court vs. Proposed Legislation: Two Concepts B. The Ancient Predecessor of the Two-Concepts Model IV. Posthumous Fertilization: Modern Jewish Law V. Summary Chapter 3. Conceptual Implications of the Modern Right to Procreate: I. Background II. Israeli Family Law Concepts of Parenthood: Considerate Functionalism III. Jewish Law Concepts of Parenthood in the Israeli Context IV. Conclusions: Functional Parenthood and Conceptual Dynamism Chapter 4. The Modern Right to Procreate: Basic Jewish Law Approaches: I. Background II. Areas of Tension III. Jewish Law under Societal Pressure IV. Closing Remarks.

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Book SynopsisIn Juridification of Religion? Helge Årsheim and Pamela Slotte explore the extent to which developments currently taking place at the interface between law and religion in domestic, regional and international law can be conceptualized as instances of larger, multidimensional processes of juridification. The book relies on an expansive notion of juridification, departing from the narrower sense of juridification as the gradually increasing “colonization of the lifeworld” proposed by Jürgen Habermas in his Theory of Communicative Action (1987). More specifically, the book adapts the multidimensional notion of juridification outlined by Anders Molander and Lars Christian Blichner (2008), developing it into a more context-specific notion of juridification that is attendant to the specific nature of religion as a subject matter for law.Table of ContentsThe Juridification of Religion?  Introduction  1 Unpacking Juridification  2 Unpacking the Relationship between Law and Religion  3 From Law and Religion to the Juridification of Religion  Conclusion

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Book SynopsisThis book collects twelve papers which make original contributions to the historical interpretation of inscribed Athenian laws and decrees, with a core focus on significant historical shapes and patterns implicit in the corpus of the age of Demosthenes. Following a synthetic Introduction, two chapters analyse locations and selectivity of inscribing, four explore the implications of the inscriptions for Athenian policy and for developing attitudes to the past, three for aspects of Athenian democracy. The volume concludes with two studies of specific inscriptions. Some of the papers have appeared elsewhere in conference proceedings and Festschriften, some are published here for the first time. The volume complements the author’s previous collection, Inscribed Athenian Laws and Decrees 352/1-322/1 BC: Epigraphical Essays.Trade Review''In all these essays much is clearly presented, both fundamental issues of epigraphical importance and well-chosen illustrative examples, making this book, if not a handbook per se, certainly an authoritative reference work on all the epigraphic issues herein addressed.'' Brad L. Cook in The Classical Journal Online, 02.02.2023.Table of ContentsContents Contents Preface Introduction Fundamentals The Locations of Inscribed Athenian Laws and Decrees in the Age of Demosthenes* The Selective Inscribing of Laws and Decrees in Late Classical Athens* Inscribed Laws and Decrees and Athenian Policy What was the Point of Inscribed Honorific Decrees in Classical Athens? Some Political Shifts in Lykourgan Athens Inscribed Laws and Decrees and the Past Connecting with the Past in Lykourgan Athens: An Epigraphical Perspective Inscribing the past in Fourth-Century Athens Inscribed Laws and Decrees and Democracy The Rule of Law in Practice in Late Classical Athens: An Epigraphical Perspective Proposers of Inscribed Laws and Decrees and the Distribution of Political Influence in Late Classical Athens* Council and Assembly in Late Classical and Hellenistic Athens: An Epigraphical Perspective on Democracy* Postscripts Dedication and Decrees Commemorating Military Action in 339/8 BC (IG II2 1155) The Inscribed Version of the Decree Honouring Lykourgos of Boutadai (IG II2 457 and 3207)

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Book SynopsisIn spite of its privileged place on the African continent, in the Muslim world and in the Middle East and North Africa region, Algeria remains poorly known, and the works relating to contemporary Algerian society published outside of Algeria are rare. This book seeks to contribute to our understanding of Algerian society today, through its relationships to property and to law. Beyond this, the objective is to propose, in a comparative perspective proper to anthropology, new theoretical and methodological perspectives by which to apprehend the anthropology of law in a Muslim context. Algeria, as a post-colonial and post-Socialist State, whose population is overwhelmingly Muslim, proves to be a particularly interesting case to study. Contributors are: Hichem Amichi, Emilie Barraud, Ammar Belhimer, Yazid Ben Hounet, Nejm Benessaiah, Sami Bouarfa, Tarik Dahou, Baudouin Dupret, Marcel Kuper, Judith Scheele, Alice Wilson.Table of ContentsContents Acknowledgments Note on Arabic Transliteration Introduction: Anthropological Perspectives on Law and Property in Algeria  Yazid Ben Hounet and Baudouin Dupret 1 Land Tenure and Capital Ownership in Algeria  Ammar Belhimer 2 The Legitimacy of Tilling the Land versus Land Use Rights: Algerian Farmers’ Land Appropriation Processes on Public Land  Hichem Amichi, Marcel Kuper and Sami Bouarfa 3 Rights of Access or Rights to Bypass? Maritime Concessions in Algeria  Tarik Dahou 4 Dignity and Honour: Struggles over Land and Legitimacy in the Soummam Valley  Judith Scheele 5 Land Appropriation, Tenure and Legal Practices in a Steppe-like Environment (Algeria)  Yazid Ben Hounet 6 Anomie and the Post-Colonial State: Local Justice in the M’zab  Nejm Benessaiah 7 To Compensate or Not to Compensate? Law, Property and Sahrawi Refugees in Algeria  Alice Wilson 8 Kafāla and Succession: The Practices of Transfer of the “Parent’s” Name and Goods to an Adopted Child  Emilie Barraud Index

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Book SynopsisThe twelve case studies in Chinese Law: Knowledge, Practice and Transformation, 1530s to 1950s, edited by Li Chen and Madeleine Zelin, open a new window onto the historical foundation and transformation of Chinese law and legal culture in late imperial and modern China. Their interdisciplinary analyses provide valuable insights into the multiple roles of law and legal knowledge in structuring social relations, property rights, popular culture, imperial governance, and ideas of modernity; they also provide insight into the roles of law and legal knowledge in giving form to an emerging revolutionary ideology and to policies that continue to affect China to the present day.Table of ContentsIntroduction: Ways of Rethinking Chinese Law and History Part I. Meaning and Practice of Law Chapter 1. Classifications of Litigation and Implications for Qing Judicial Practice – Jianpeng Deng Chapter 2. Kinship Hierarchies and Property Institutions in Late-Qing and Republican China – Taisu Zhang Chapter 3. Social Practice and Judicial Politics in “Grave Destruction” Cases in Qing Taiwan, 1683-1895 – Weiting Guo Chapter 4. Elite Engagement with the Judicial System in the Qing and its Implications for Legal Practice and Principle – Janet Theiss Chapter 5. “Law Is One Thing, and Virtue Is Another”: Vernacular Readings of Law and Legal Process in 1920s Shanghai – Bryna Goodman Chapter 6. Wayward Daughters: Sex, Family, and Law in Early Twentieth-Century Beijing – Zhao Ma Part II. Production and Application of Legal Knowledge Chapter 7. The Community of Legal Experts in 16th- and 17th-Century China – Yanhong Wu Chapter 8. Marketing Legal Information: Commercial Publications of the Great Qing Code, 1644-1911 – Ting Zhang Chapter 9. Contestation over Legal Knowledge and Limits of Imperial Power in Qing China – Li Chen Chapter 10. Court Case Ballads: Popular Ideals of Justice in Late Qing and Republican China – Margaret Wan Chapter 11. Old Forensics in Practice: Investigating Suspicious Deaths and Administering Justice in Republican Beijing – Daniel Asen Chapter 12. Simplified Legal Knowledge in the Early PRC: Explaining and Publishing the Marriage Law – Jennifer Altehenger

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Book SynopsisIn Self-determination and Minority Rights in China, Linzhu Wang examines the rights of China’s minorities from the perspective of self-determination. The book offers an insight into the ethnic issues in contemporary China, by examining the principle of self-determination in shaping China’s ethnic grouping and appraising the rights of the minorities and their limits. Based on a comprehensive survey of the practice of self-determination in the Chinese context and the Regional Ethnic Autonomy regime, the author seeks to answer the questions of how the ethnic policies and laws have come to be, why they are problematic, and what can be done to promote minority rights in China.Table of ContentsIntroduction  1 Aims and Scope  2 Methodology  3 An Outline of the Book PART 1 Self-determinaion in the Chinese Context 1 The Nation of China  1.1 Pre-modern Chinese Identity  1.2 The Nation of China   1.2.1 Sun Yat-sen and the Nationalism of the Nationalist Party    (1) The Republican Era    (2) The Nationalist Definition of the Chinese Nation   1.2.2 The Communist Nationalism    (1) The Peasant Nationalism    (2) The Communist Nation Building: 1949–1978    (3) The Communist Nation Building: 1978 Onwards   1.2.3 The Nation of China  1.3 Sovereignty: China’s Perspective    (1) The Imperial Understanding of Sovereignty    (2) The Modern Concept of Chinese Sovereignty  1.4 Concluding Remarks 2 China and the Political Principle of Self-determination  2.1 National Self-determination at the Peace Conference of Paris and the Shandong (Shantung) Issue   2.1.1 Conflict in the Former Yugoslavia   2.1.2 Japanese and Chinese Positions   2.1.3 Consequences of the Conference  2.2 Lenin’s Theory of Self-determination and Its Influences upon China   2.2.1 The Nationalist Self-determination   2.2.2 The Cpc and Soviet Self-determination    (1) The Pre-Long March Period (1921–1934)    (2) The Long March Period (1934–1936)    (3) The Anti-Japanese War (1937–1945)    (4) The Civil War (1946–1949)  2.3 Concluding Remarks 3 The Right to Self-determination in the Chinese Context  3.1 An Overview of the Right to Self-determination in International Law   3.1.1 Colonial Self-determination   3.1.2 Self-determination in the Post-colonial Era    (1) Remedial Secession    (2) The Right to Self-determination in the Human Rights Context  3.2 The Question of Tibet   3.2.1 The Background   3.2.2 Resolution 1353 (1959)   3.2.3 Resolution 1723 (1961)   3.2.4 Resolution 2079 (1965)  3.3 Self-determination in the Situation of Hong Kong and Macau   3.3.1 Hong Kong    (1) The Origin of the Issue    (2) Hong Kong as a Non-self-governing Territory    (3) An Exception to the Colonial Self-determination   3.3.2 Macau  3.4 China’s Approach to the Right to Self-determination   3.4.1 Autonomy as a Means of Exercising Internal Self-determination    (1) One Country Two Systems    (2) Ethnic Territorial Autonomy PART 2 Minority Rights in China 4 The Regional Ethnic Autonomy Regime  4.1 Regions in the REA   4.1.1 Historical Factors   4.1.2 The Size of Population   4.1.3 Other Factors  4.2 Autonomous Agencies   4.2.1 The Local People’s Congress and Local People’s Government   4.2.2 Minority Representation in Autonomous Agencies    (1) Minorities in the People’s Congress and Its Standing Committee    (2) Minority Representation in the LPG    (3) Political Reality of Minority Representation  4.3 The Definition of Minorities   4.3.1 The Ethnic Identification Project   4.3.2 Problems of the Ethnic Identification Project   4.3.3 International Obligations of China in Relation to Minority Recognition    (1) ICESCR    (2) ICERD  4.4 The Definition of Indigenous Peoples and Indigenous Situation in China   4.4.1 Criteria for Identifying Indigenous Peoples in International Law    (1) Defining “Indigenous”    (2) The Meaning of “Peoples”    (3) The Definition Advocated by China   4.4.2 The Applicability of the Concept of Indigenous Rights in China    (1) The Ilo Convention 169    (2) The African Interpretation   4.4.3 Indigenous Peoples in Taiwan   4.4.4 Indigenous Small-numbered Peoples in Russia    (1) The Ewenki Groups    (2) The Hezhe Group    (3) The Tuvinians  4.5 Concluding Remarks 5 Autonomous Rights under the rea: Legislative and Financial Rights  5.1 Legislative Power of Autonomous Agencies   5.1.1 Legislative Power   5.1.2 Adaptation Power   5.1.3 Adaptive Implementation Power  5.2 Autonomous Financial Power   5.2.1 Financial Rights of Autonomous Regions    (1) The Local Government’s Own Revenue—Tax income    (2) The Local Government’s Own Revenue—Intergovernmental Transfers    (3) The Tax Refund    (4) The General Financial Transfer    (5) The Special Fund   5.2.2 Financial Autonomy of Sub- provincial Autonomous Units  5.3 Concluding Remarks 6 The Cultural Rights of the Minorities  6.1 China’s International Obligations Concerning Minority Rights   6.1.1 Commitments Under The ICESCR   6.1.2 State Obligations under the ICCPR   6.1.3 State Obligations under the ICERD  6.2 The Rights of the Minorities to Culture under Chinese Law   6.2.1 Freedom of Religious Belief    (1) Religious Freedom before the 1980s    (2) Religious Freedom in Contemporary China     Institutional Religions     Minority Belief Systems   6.2.2 The Language Rights of the Minorities    (1) Linguistic Planning for the Minorities before the 1980s     The Situation of Minority Languages     Minority Writing Systems    (2) Language Policy in the New Era     Legal Provisions on Minority Languages     Language Use in Public Service     Language Use in Education     Language Use in Business and Other Aspects  6.3 Concluding Remarks  Conclusion  1 China’s Practice of Self- determination and Minority Rights  2 Prospects for Ethnic Territorial Autonomy in China References

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Book SynopsisMinority Religions under Irish Law focuses the spotlight specifically on the legal protections afforded in Ireland to minority religions, generally, and to the Muslim community, in particular. Although predominantly focused on the Irish context, the book also boasts contributions from leading international academics, considering questions of broader global importance such as how to create an inclusive environment for minority religions and how to regulate religious tribunals best. Reflecting on issues as diverse as the right to education, marriage recognition, Islamic finance and employment equality, Minority Religions under Irish Law provides a comprehensive and fresh look at the legal space occupied by many rapidly growing minority religions in Ireland, with a special focus on the Muslim community.Table of ContentsNotes on Contributors 1 Introduction  Kathryn O’Sullivan Part 1: Accommodating Minority Religions: The International and Irish Context 2 Law, Religion and Religious Minorities: Reflections on International Human Rights Law and Global Trends  M. Christian Green 3 Accommodating Religious Minorities in Ireland: The Constitutional Framework  Eoin Daly Part 2: Islam and Irish Law: Implications for the Muslim Community in Ireland 4 Muslims in Ireland: History, Demographics and Debates  James Carr 5 The Accommodation of Islam in the Irish Workplace, Classroom and Hospital  Claire Hogan 6 Recognition of Muslim Marriage Ceremonies in Ireland: An Analysis  Susan Leahy and Kathryn O’Sullivan 7 Overseas Marriage and Divorce in Islamic Form: A Critical Perspective on the Development of Irish Private International Law  Máire Ní Shúilleabháin 8 A Comparative Review of the Accommodation of Islamic Finance in Irish Law  Edana Richardson Part 3: International Perspectives on Sharia Councils: Regulation and Governance 9 The Legal Framework for Regulating Shariah Councils in the UK: A Potential Model for Ireland?  Amin Al-Astewani 10 The Usefulness of the ‘Parity Governance Model’ in Muslim Family Law Debates  Samia Bano Index

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Book SynopsisIn Law’s Dominion, Jay Berkovitz offers a novel approach to the history of early modern Jewry. Set in the city of Metz, on the Moselle river, this study of a vibrant prerevolutionary community draws on a wide spectrum of legal sources that tell a story about community, religion, and family that has not been told before. Focusing on the community’s leadership, public institutions, and judiciary, this study challenges the assumption that Jewish life was in a steady state of decline before the French Revolution. To the contrary, the evidence reveals a robust community that integrated religious values and civic consciousness, interacted with French society, and showed remarkable signs of collaboration between Jewish law and the French judicial system. In Law’s Dominion, Jay Berkovitz has gathered and meticulously mined a dazzling array of rich and complex rabbinic texts and records from Western Europe during the early modern period, including the pinkas of the rabbinic court of Metz that he previously rescued from oblivion. What emerges is a remarkably fresh depiction and incisive comparative treatment of central aspects of Jewish law, religion and family, which will have far-reaching ramifications for all future studies in these disciplines. -Ephraim Kanarfogel, E. Billi Ivry University Professor of Jewish History, Literature, and Law at Yeshiva UniversityTable of ContentsContents Preface Acknowledgments Abbreviations Maps Introduction Part 1: Foundations 1 Writing Jewish History through a Legal Lens  Rabbinic Responsa Literature  Communal Registers (Pinkasim)  Lay and Rabbinic Court Records  Law as a Cultural System  The Production of the Metz Pinkas Beit Din 2 The Foundations of the Metz Kehillah  Return of the Jews to France and the Establishment of the Metz Community  Ritual and Identity  Material Culture  Economic Integration Part 2: Community, Governance, Authority 3 Communal Autonomy and Governance  Electoral and Administrative Procedures  Consumption and Social Status  Poverty and Social Welfare  Juridical Autonomy and Recourse to Non-Jewish Courts  Policing Religious and Cultural Boundaries 4 Lay and Rabbinic Judicial Authority  Lay and Rabbinic Tribunals  Sources of Law  Judicial Procedure  Functions of the Beit Din 5 Navigating the Challenges of Multiple Jurisdictions  Language  Production of Bi-lingual Documents  Patterns of Litigation in the Beit Din  Judicial Behavior of the Metz Beit Din  The Acquaintance of the Beit Din with French Law and Judicial Procedure  Navigating the Two Systems  The Impact of French Law on Rabbinic Jurisprudence Part 3: Family Affairs 6 Guardianship and Inheritance  Guardianship  Inheritance  Testamentary Charity 7 Women, Marriage, and Property  Betrothal and Marriage  Marital Property  Women in Credit and Commerce 8 Conclusion and Epilogue Glossary Bibliography Index

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Book SynopsisNational Security of India and International Law is a pioneering inter-disciplinary scholarly exercise in the context of India. It offers first-of-its kind perspective on interplay between the needs, concerns and interests of the national security actors, means and institutions and inherent limitations and prospects of international law to achieve the national security objectives of India. The work analyses traditional and contemporary issues and challenges – water, natural resources, refugee management, use of force, nuclear doctrine, space developments, defense procurement and manufacturing and private players, among others. It aims to generate inter-disciplinary debate, teaching and research in this emerging field of national security.Trade Review"With its eminent strategic history and rising global influence, few countries will play a greater role than India in determining twenty-first-century world order. Professor Bimal Patel’s National Security of India and International Law is an illuminating examination of India's contemporary geopolitical discourse." - Dr. Henry Kissinger, Former US Secretary of State and National Security Adviser, 1973 Nobel Peace Prize Recipient "Change in international order is neither new nor stoppable… Any deviant behaviour of one State affects the other much more profoundly today than in the past…“National Security of India and International Law” … vividly brings out the complexities of the issues involved and possible way forward…a pioneering book which brings together seemingly different domains of study, but which, in the ultimate analysis, are very closely intertwined.. a thought provoking and valuable reference point for practitioners of national security, legal experts and policy makers." - Ajit Doval, National Security Adviser, Government of India "Professor Patel is in an ideal position to be bringing the field of national security law to India. He understands both the great importance of international law, and more broadly the rule-of law itself, for India and every nation. And he has the knowledge and the background to put together this pioneering work… a work likely to trigger rapid development of the field of national security law in India" - Professor John Norton Moore, Authority on National Security, Law and Law of the Sea and holder of Six US Presidential Appointments, Virginia Law School

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Book SynopsisPre-modern Western sources generally claim that European mercantile communities in the Ottoman Empire enjoyed legal autonomy, and were thus effectively immune to Ottoman justice. At the same time, they report numerous disputes with Ottoman officials over jurisdiction (“avanias”), which seems to contradict this claim, the discrepancy being considered proof of the capriciousness of the Ottoman legal system. Modern studies of Ottoman-European relations in this period have tended uncritically to accept this interpretation, which is challenged in this book.Trade Review"[...] Boogert's analysis is clear, without any logical or methodological fallacies, based on extensive documentation while his conclusions are well founded, illuminative and innovative." Demetrios Papastamatiou in Journal of Oriental and African Studies (JOAS) 20 (2011), 321-324.Table of ContentsIntroduction 1. The Sultan’s Promise 2. The Protection System 3. Avanias: Misrepresentations of the Ottoman 4. The Division of Estates 5. Bankruptcy 6. Theft 7. Conclusion

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Book SynopsisThis authoritative Commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is intended for researchers studying socio-economic rights in Europe, legal practitioners, civil society organisations, trade unions and ministerial staff engaging with the procedures of the European Committee of Social Rights. The text is compiled by a large body of expert contributors, working together with an Editorial Board, under the supervision of a Scientific Committee, which reviews the quality of each chapter. The Scientific Committee is composed of the most respected experts on the European Social Charter and Social Rights in Europe. The Commentary offers 106 Chapters, organized in 8 Volumes, some of which are focused on the substantive state obligations and the jurisprudence of the European Committee of Social Rights, others on the procedures that state representatives, international bodies and applicants must follow to engage with the system of the European Social Charter. Volume 3, which encompasses Articles 11 to 19, examines critical ESC welfare rights for the general population and specific groups of people against the jurisprudence of the European Committee of Social Rights and other international standards.Table of ContentsForeword Preliminary Remarks and Acknowledgments Abbreviations Table of Cases Notes on Contributors 11 The Right to Protection of Health   Emmanuel Guematcha 12 The Right to Social Security   Lyle Barker 13 The Right to Social and Medical Assistance   Stefano Angeleri 14 The Right to Benefit from Social Welfare Services   Nikolaos A. Papadopoulos 15 The Right of Persons with Disabilities to Independence, Social Integration and Participation in the Life of the Community   Felicia Roșioru 16 The Right of the Family to Social, Legal and Economic Protection   Nilay Arat, Demirhan Burak Çelik, Sedef Koç and Aslı Topukcu 17 The Right of Children and Young Persons to Social, Legal and Economic Protection   Cinzia Peraro 18 The Right to Engage in Gainful Occupation in the Territory of Other Parties   Elisabeth David and Sébastien Van Drooghenbroeck 19 The Right of Migrant Workers and Their Families to Protection and Assistance   Ana Teresa Ribeiro, Milena Rouxinol and Inês Pereira de Sousa Selected Bibliography

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Book SynopsisThe book is concerned with the harmonisation of maritime safety legal systems in Europe. It describes maritime safety legal systems in selected European countries as well as maritime safety issues from the perspective of the International Maritime Organisation, European Union, and European Free Trade Association. Distinguished scholars from Europe's leading maritime law academic centres present national perspectives of maritime safety systems, questioning whether the adopted national solutions guarantee the compatibility with IMO and EU legal regime, as well as assessing the global and EU system. Moreover, the book seeks to provide some answers as to whether the IMO goals on maritime safety are adequate in light of current safety challenges and how to achieve higher level of enforcement of internationally-recognised maritime safety standards. It will be of great assistance to those readers who need to familiarize themselves with current problems inherent in maritime safety, whether that be lawyers, scholars, professional mariners, or national institutions.Chapter 14 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license. Table of Contents1. Implementation of IMO treaties into the domestic legislation. Implementation and enforcement as the key to effectiveness of international treaties; 2. The EU Maritime Safety Rules: Raising the Bar within Europe and Beyond; 3. Maritime safety from the perspective of the EEA EFTA countries; 4. Maritime safety in Belgium – An Overview of the Legal Framework; 5. Maritime Safety – Croatian Legal Framework; 6. French rules concerning maritime safety and security; 7. German Maritime Safety laws: Comprehensive but Complicated 8. Brief reflections on the regulation and implementation of maritime safety in the U.K.; 9. Maritime Safety - Greece; 10. The Italian legal framework on maritime safety: recent developments and future perspectives; 11. An overview of the maritime safety laws in Malta; 12. Comparative maritime safety – Netherlands; 13. Norway – playing it safe; 14. Taking maritime safety seriously – the Polish perspective; 15. Maritime safety and security in Spain; 16. Maritime safety in Turkey

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Book SynopsisText, Cases and Materials on Equity and Trusts has been considerably revised to broaden the focus of the text in line with most LLB core courses to encompass equity, remedies and injunctions and to take account of recent major statutory and case law developments. The new edition features increased pedagogical support to outline key points and principles and improve navigation; ''notes'' to encourage students to reflect on areas of complexity or controversy; and self-test questions to consolidate learning at the end of each chapter. New to this edition: is a detailed examination of The Civil Partnership Act 2004 and the Charities Act 2006 important case law developments such as Stack v Dowden (constructive trusts and family assets), Oxley v Hiscock (quantification of family assets), Barlow Clowes v Eurotrust (review of the test for dishonesty), Abou-Ramah v Abacha (dishonest assistance and change of posTable of Contents1. Historical Outlines of Equity 2. Trust Concept 3. Express Private Trusts and Formalities 4. Constitution and Effect of an Express Trust 5. Exceptions to the Rule that Equity will not Perfect an Imperfect Gift 6. Discretionary Trusts 7. Protective Trusts 8. Resulting Trusts 9. Constructive Trusts: Conflict of Duty and Interest 10. Constructive Trusts: Family Home 11. Constructive Trusts: Strangers as Constructive Trustees 12. Secret Trusts and Mutual Wills 13. Private Purpose Trusts 14. Charitable Trusts: Privileges 15. Charitable Trusts: Definition and Public Interest 16. Charitable Trusts: Classification of Charitable Trusts 17. Charitable Trusts: Cy-Pres Doctrine 18. Appointment, Retirement and Removal of Trustees 19. Duties and Powers of Trustees 20. Variation of Trusts 21. Breach of Trusts 22. Injunctions 23. Specific Performance 24. Rectification 25. Rescission 26. Account

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Book SynopsisThis concise, student-friendly guide will help equip students with an understanding of the key aspects of the UK's political and legal systems as well as building an understanding of the relationship between the different branches of the state such as the executive, legislature and judiciary.Table of Contents1. Introduction to Public Law. 2. Sources of the Constitution. 3 Separation of Powers. 4. The Rule of Law. 5. Parliamentary Sovereignty. 6. The European Union. 7. Central, Regional and Local government. 8. Electoral Law. 9. Parliament. 10. The Protection of Human Rights. 11. Freedom of Expression and Privacy. 12. Freedom of Assembly and Public Order. 13. Judicial Review of Administrative Action. 14. Ombudsmen. 15. A Brief History.

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Book SynopsisRoutledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldnât you make Routledge Lawcards your essential revision companions?Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are now packed with even more features: New revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out New tables of cases and legislation make for easy reference Boxed case notes pick out the cases thTrade Review“This is an excellent series, which hits the target at a remarkable number of levels. The clarity of its reference points makes it ideal for students new to undergraduate study, while at the same time being the perfect ‘refresher’ book for students about to start on professional courses. More than that, the series is great as a ‘starter pack’ for non-specialist students covering elements of law as part of their wider studies, and invaluable for teaching international students studying the English common law from abroad.”FIONA E.C. KINGLAW LECTURER (for almost 30 years in Universities & Business Schools in the UK and Europe) “What a relief! A book I can understand quickly.. I’ll be using these this year”SECOND YEAR UNDERGRADUATE "an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic." Lex Magazine Table of ContentsSources of Law. EC Law and National Law. Community Institutions. Preliminary Rulings. Free Movement of Workers. EC Sex Equality Legislation. Free Movement of Goods. Putting it into Practice

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Book SynopsisThe thriving and well-established field of Law and Society (also referred to as Sociolegal Studies) has diverse methodological influences; it draws on social-scientific and arts-based methods. The approach of scholars researching and teaching in the field often crosses disciplinary borders, but, broadly speaking, Law and Society scholarship goes behind formalism to investigate how and why law operates, or does not operate as intended, in society. By exploring lawâs connections with broader social and political forcesâboth domestic and internationalâscholars gain valuable perspectives on ideology, culture, identity, and social life. Law and Society scholarship considers both the law in contexts, as well as contexts in law.Law and Society flourishes today, perhaps as never before. Academic thinkers toil both on the mundane and the local, as well as the global, making major advances in the ways in which we think both about law and society. Especially over the last four decades, scholarly output has rapidly burgeoned, and this new title from Routledgeâs acclaimed Critical Concepts in Law series answers the need for an authoritative reference collection to help users make sense of the daunting quantity of serious research and thinking.Edited by the leading scholars in the field, Law and Society brings together in four volumes the vital classic and contemporary contributions. Volume I is dedicated to historical antecedents and precursors. The second volume covers methodologies and crucial themes. The third volume assembles key works on legal processes and professional groups, while the final volume of the collection focuses on substantive areas. Together, the volumes provide a one-stop âmini libraryâ enabling all interested researchers, teachers, and students to explore the origins of this thriving subdiscipline, and to gain a thorough understanding of where it is today.

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Book SynopsisLeverage the full power of Avid Media Composer with this essential guide from an Avid guru. Master timesaving tricks and techniques that utilize the latest Media Composer features and state-of-the-art workflows. Learn the secrets of the postproduction professionals from box office blockbusters like Harry Potter, I am Legend, Dark Shadows, Men in Black II, Charlie's Angels, 42, and The Last of the Mohicans, as well as primetime hits like SMASH, Big Bang Theory, Weeds, The Mindy Project, and MythBusters.In Avid Uncut, Steve Hullfish taps into the expertise of the world's top editors to share in-depth, behind-the-scenes secrets and best practices that will boost your editing and color correction skills to the next level. Five distinct sections cover: Pre-post, including discussion of metadata, prepping ScriptSync, decomposing, and more SettingTrade Review"A great book for experienced editors of all NLEs. Hullfish wrangled an impressive number of ‘A list’ editors who provided incredible insight into the specific ways that Media Composer empowers them. It makes a great read for those who wish to maximize their creativity and efficiency in editing." - Ben Kozuch, Co-Founder, Future Media Concepts "Like Hullfish's Color Correction for Video, Avid Uncut should sit on the shelf as a reference in every Avid suite. Condensing years of experience and real-world examples, Avid Uncut is easy to read yet packed full of tips, tricks and powerful time-saving Avid features. So whether you're a newbie needing to learn the ropes or a seasoned professional wanting to get up to speed on modern workflows and tools fast, this book is a must-have." - Ra-ey Saleh, Senior On-line Editor/Colorist, MythBusters; Taboo; Hidden in America "Avid Uncut is one of the most comprehensive Avid Media Composer training manuals I’ve seen. Hullfish has years of Avid experience and is well-respected for covering some of the lesser known tips that make a Media Composer more productive. This book is no exception, covering not only software features, but numerous workflows. Plus, the reader gets to hear from top television and film editors throughout the chapters for glimpses at their creative solutions. Hullfish isn’t afraid to include informative explanations of some of the lesser covered features, like ScriptSync, the Marquee titler and more, that other writers usually skip. Avid Uncut is a great handbook for editors moving over from other software, but even experienced Media Composer editors will be surprised at how much they’ll pick up." - Oliver Peters, Editor/Colorist, Oliver Peters Post Production Services, digitalfilms.wordpress.com "Over the years, Kathlyn and I have worked with many of the most respected Avid editors in the world, people who have edited some of the top-ranked movies and television shows in the market today. Among these prolific and respected editors, Steve Hullfish is often named as their go-to expert when they want to learn the Avid and master its many powers and nuances. You aren't going to master the Avid overnight but with Steve Hullfish showing you the way, you will learn its powers and maximize the workflow that makes the Avid the industry leader in high-end professional editing circles. If you are looking to excel in your understanding of Avid Media Composer, you have picked up the right book." - Ronald & Kathlyn Lindeboom, Founders, CreativeCOW.net "In today's adapt-or-die climate of non-linear editing, Avid Uncut is pre-requisite reading for every editor who needs to be relevant with complex file-based editing processes. The fact that this important book was organized with a creative mindset and written conversationally with commentary from the world’s best editors also makes it a fun read." - Mitch Jacobson, Author, Mastering Multicamera Techniques (Focal Press 2010) "For students of Media Composer all the way to longtime editors, I highly recommend Avid Uncut. Hullfish is a clear and comprehensive writer and he writes from deep personal experience as well as consulting with other top names. Books like these are an easy recommendation, because if you pick up just a few time-saving tips, the book will pay for itself within a week." - Making the Movie "Avid Uncut is an essential read for any assistant editor looking to prepare themselves for work on film and TV productions. The book would also be really helpful for experienced editors moving to Avid from other NLE’s to understand how to get work done effectively in it’s unique environment." - Jonny Elwyn Table of ContentsPre-postproduction; Settings; Off-Line; Effects; On-Line; Video Hardware;

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Book Synopsis*The Sunday Times Bestseller*''Inspiring and illuminating'' JAMES O''BRIENPicked as a 2023 highlight by the Guardian---------------A revealing, empowering vision of how the law can work better for all of us, from Jolyon Maugham KC, founder of Good Law Project.Our legal system often feels like it only works for the rich and powerful - for those who have the means to use the courts to enforce their will and defend their interests. But we can fight back.Jolyon Maugham KC founded Good Law Project in 2017 with the belief that the law can also put power into the hands of ordinary people. It has brought a series of landmark cases against a dishonest and increasingly autocratic government and won widespread acclaim in successfully reversing Boris Johnson''s unlawful suspension of Parliament. Already the largest legal campaign group in the UK, Good Law Project is shining light into corners the establishment would rather keep dark -Trade ReviewMaugham doesn't just speak truth to corrupt and compromised power, he takes the fight to their front door and won't be ignored. Inspiring and illuminating * James O'Brien *A mighty blast . . . This is how to challenge the powerful * Owen Jones *With astonishing panache and determination, Jolyon Maugham has taken on some of the most powerful and corrupt interests in the UK - and won. This is his remarkable story * George Monbiot *

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Book SynopsisScores of works have made important contributions to the study of courts and judges but far fewer are sufficiently powerful to alter perspectives about entire areas of study. The articles in this volume do just that. They are, to be sure, a rather diverse set covering four substantive concerns - judicial selection and retention, judicial decision making, constraints on judicial power and the role of courts in democracies - but all have played crucial roles in shaping or changing the way we think about courts and judges.Table of ContentsContents: Series preface; Introduction. The Selection and Retention of Judges: Senate voting on Supreme Court nominees: a neoinstitutional model, Charles M. Cameron, Albert D. Cover and Jeffrey A. Segal; The politics of Supreme Court nominations: a theory of institutional constraints and choices, Brian J. Moraski and Charles R. Shipan; Constituent influence in State Supreme Courts: conceptual notes and a case study, Melinda Gann Hall. Judicial Decision Making: Divisions of opinion among justices of the US Supreme Court, C. Herman Pritchett; On the mysterious demise of consensual norms in the United States Supreme Court, Thomas G. Walker, Lee Epstein and William J. Dixon; The study of judicial decision-making as an aspect of political behavior, Glendon A. Schubert; Sophisticated voting and gate-keeping in the Supreme Court, Gregory A. Caldiera, John R. Wright and Christopher J.W. Zorn; Predicting Supreme Court cases probabilistically: the search and seizure cases, Jeffrey A. Segal; Voting behavior in the United States Courts of Appeals 1961-64, Sheldon Goldman; Judicial policy-making and southern school segregation, Michael W. Giles and Thomas G.Walker,; Civic virtue and the feminine voice in constitutional adjudication, Suzanna Sherry; What do judges and justices maximize? (the same thing everybody else does), Richard A. Posner; Strategic policy considerations and voting fluidity on the Burger Court, Forrest Maltzman and Paul J, Wahlbeck. Constraints on Judicial Power: Lower court checks on Supreme Court power, Walter F. Murphy; Judicial partisanship and obedience to legal doctrine: whistleblowing on the Federal Courts of Appeals, Frank B. Cross and Emerson H. Tiller; Overriding Supreme Court statutory interpretation decisions, William N. Eskridge Jr; The logic of strategic defection: court-executive relations in Argentina under dictatorship and democracy, Gretchen Helmke. The Role of Courts in Democracies: Decision-making in a democracy: the supreme court as a na

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Book SynopsisThis volume collects new, high-quality scholarship on the perennially controversial institution of trial by jury. The book provides accounts of the jury''s historical development and contemporary use, as well as empirical work on jury selection, jury decision making and jury reform.Table of ContentsContents: Introduction. The Development of Trial by Jury: Historical and Contemporary Perspectives: The international development of the jury: the role of the British Empire, R. Vogler; The American criminal jury, Nancy J. King; Appellate courts and civil juries, Stephan Landsman; Europe's new jury systems: the cases of Spain and Russia, Stephen C. Thaman; Citizen participation in judicial decision making: juries, lay judges and Japan, Richard O. Lempert. The Jury Selection Process: The representative jury requirement: jury representativeness and cross sectional participation from the beginning to the end of the jury selection process, Hiroshi Fukurai; Case studies of pre- and mid-trial prejudice in criminal and civil litigation, Neil Vidmar; Assessing pre-trial publicity effects: integrating content analytic results, Christina A. Studebaker, Jennifer K. Robbenolt, Maithilee K. Pathak-Sharma and Steven D. Penrod. Juror Judgments of Trial Evidence: Sexual harassment stories: testing a story-mediated model of juror decision making in civil litigation, Jill E. Huntley and Mark Costanzo; Juror competence in processing complex information: implications from a simulation of the Maxwell trial, T.M. Honess, M. Levi and E.A. Charman; Jurors' evaluations of expert testimony: judging the messenger and the message, Sanja Kutnjak Ivkvic and Valerie P. Hans; The eye of everyman: witnessing DNA in the Simpson trial, Sheila Jasanoff ; Folk knowledge as legal action: death penalty judgments and the tenet of early release in a culture of mistrust and punitiveness, Benjamin D. Steiner, William J. Bowers and Austin Sarat Jury Deliberation Processes: Civic awakening in the jury room: a test of the connection between jury deliberation and political participation, John Gastil, E. Pierre Deess and Phil Weiser; A meta-analysis of the effects of jury size, Michael J. Saks and Mollie Weighner Marti; The hung jury: the American jury's insights and contemporary understanding, Valerie P. Hans, Paula L. Hannaford-Agor, Nicole L. Mott and G.T. Munsterman. Jury Research and Jury Reform: Juror comprehension and public policy: oerceived problems and proposed solutions, Phoebe C. Ellsworth, and Alan Reifman; Inside the jury room: evaluating juror discussions during trial, Shari Seidman Diamond, Neil Vidmar, Mary Rose, Leslie Ellis and Beth Murphy; Precious little guidance: jury instruction on damage awards, Edith Greene and Brian Bornstein; reconciling experimental incoherence with real-world coherence in punitive damages, Theodore Eisenberg, Jeffrey J. Rachlinski and Martin T. Wells; Index.

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Book SynopsisOrgan transplantation has been one of the miracles of modern-day medicine but, in addition to presenting enormous technical and clinical challenges, it throws up major ethical and legal issues principally from the perspective of the donor. Evolving capabilities in the spheres of both organ and tissue transplantation, coupled with rapidly-escalating demand, assert consistent and critical pressure on our ethical and legal principles and frameworks, including the expansion of the potential donor pool beyond the conventional categories of donor. This volume brings together seminal papers analyzing such matters in the context of an ever-increasingly important area of clinical practice.Trade Review'Organ and tissue transplantation continues to generate heated debate within the broad disciplines of medical law and medical ethics. For the first time here is a volume which will help to provoke, stimulate and promote ongoing debate by bringing together a wide selection of key sources and cutting edge materials within this important and developing area.' R.D. Mackay, De Montfort University, UK 'David Price is one of the leading international experts in the ethics and law of organ and tissue transplantation. This collection is a reflection of that expertise; timely, comprehensive and balanced yet simultaneously thought-provoking. It is an essential read for anyone interested in the issues or working in the field.' Heather Draper, University of Birmingham, UKTable of ContentsContents: Series preface; Introduction. Part I Meaning of Death: Is it time to abandon brain death?, R. Truog; The importance of being dead: non-heart-beating organ donation, J. Menikoff. Part II The Body as Property: An alternative to property rights in human tissue, R. Marusyk and M.S. Swain; Living tissue and organ donors and property law: more on Moore, B.M. Dickens. Part III Commerce in Organ Procurement: Nephrarious goings on: kidney sales and moral arguments, J. Radcliffe-Richards; Why liberals should accept financial incentives for organ procurement, R.M. Veatch; Increasing the supply of transplant organs: the virtues of a futures market, L.R. Cohen; Money talks, money kills - the economics of transplantation in Japan and China, C. Becker. Part IV Cadaveric Organ and Tissue Donation: Freedom to choose and freedom to lose: the procurement of cadaver organs for transplantation, B. Hoffmaster; The moral duty to contribute and its implications for organ procurement policy, P.T. Menzel; The case for presumed consent to transplant human organs after death, C. Cohen; Presumed consent or contracting out, C.A. Erin and J. Harris; The failure to give: reducing barriers to organ donation, J.F. Childress; 2 steps to 3 choices: a new approach to mandated choice, S.E. Herz; Ethical issues in limb transplants, D. Dickenson and G. Widdershoven; On the ethics of facial transplantation, O. Wiggins, J. Barker, S. Martinez, M. Vossen, C. Maldonado, F. Grossi, C. François, M. Cunningham, G. Perez-Abadia, M. Kon, J. Banis. Part V Living Donor Transplantation: Autonomy's limits: living donation and health-related harm, R. Sauder and L.S. Parker; Moral agency and the family; the case of living related organ transplantation, R.A. Crouch and C. Elliott; Organ donations by incompetents and the substituted judgment doctrine, J.A. Robertson. Part VI Specific Classes of Donors: Taking the camel by the nose: the anencephalic as a source for pediatric organ transplants, J.A. Friedman; A

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Book SynopsisThis book examines how international investment arbitral awards can be facilitated. It sets out to achieve a fuller conceptualisation and theorisation of awards through a discussion of relevant issues and themes, as well as demonstrating how they can be achieved through a comparative approach that has been conceived and developed with reference to existing deficiencies in the research literature. This contribution is particularly important given the worldwide emergence of investment arbitration as a powerful form of alternative dispute resolution (ADR). The book ultimately seeks to explore and develop solutions that can be directed to an existing oversight and deficit within the international investment architecture. In considering the advantages and disadvantages of each âsolutionâ, it will work towards an approach best-suited to upholding the interest of the victorious party at the enforcement stage. The enforcement of arbitral awards on a voluntary basis has proven to be iTable of Contents0.1 AKNOWLEDGEMENTS 0.2 TABLE OF CASES 0.3 TABLE OF LEGISLATION 1. INTRODUCTION 2. CHAPTER 1: OBSTACLES IN ENFORCEMENT OF ICSID AWARDS 3. CHAPTER 2- OBSTACLES IN ENFORCEMENT OF NON-ICSID AWARDS 4. CHAPTER 3: POTENTIAL ENFORCEMENT OBSTACLES IN A FUTURE MULTILATERAL INVESTMENT COURT (MIC) 5. CHAPTER 4: THE PRACTICAL REMEDIES TO REDUCE THE EXECUTION ISSUES IN INVESTMENT DISPUTE SETTLEMENT SYSTEM 6. Chapter 5: CONCLUSION 7. LIST OF ABBREVIATIONS 8. INDEX

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Book SynopsisThe criminalisation of seafarers has been observed as a growing phenomenon for more than forty years, presenting a picture of increasing liability upon the Master even though their responsibilities remain essentially unchanged in generations of maritime law. Because of the demand by society to find someone to blame for environmental and human loss, there is a constant flow of cases, which serve to confirm the phenomenon but offer no solutions to defend the innocent. The structure of the maritime environment in which they work has changed dramatically, as evidenced by the complex evolution of fleet ownership and management, leaving the Master with diminished management influence. This book has been written in a format which meets the needs of lawyers, academics and maritime professionals, with the aim to analyse the character of criminalisation to determine the features which characterise the phenomenon in Port and Flag State contexts; it interrogates the aim to define the nature of Trade Review'This book is 'rich' with highly valuable summary information for any interested reader. It has been written in a format that meets the interdisciplinary needs of the maritime industry and enables a completely targeted reading of singular chapters.'Dr Henning Jessen, Professor of Maritime Law and Digital Change (Nippon Foundation Chair), World Maritime University, Malmö, SwedenTable of ContentsINTRODUCTION 1. WHAT IS A CRIME? 2. SOURCES OF LAW 3. THE MASTER AND THE SHIP 4. THE RISK BUSINESS 5. PORT STATE SOVEREIGNTY: WHAT COULD POSSIBLY GO WRONG? 6. MANAGEMENT CONTROL BY THE FLAG STATE 7. CRIMINAL ACCOUNTABILITY FOR NEGLIGENCE 8. CRIMINALISATION AND SEAFARERS’ RIGHTS: PROBLEMS AND SOLUTIONS 9. INVESTIGATIONS, EVIDENCE AND SELF-INCRIMINATION 10. THE FOUNDATIONS OF SENTENCING: CULPABILITY AND HARM 11. OCCUPATIONAL HAZARDS 12. COMPULSORY PILOTAGE: WHO TAKES THE BLAME? 13. POLAR RISKS 14. AUTONOMOUS SHIPS

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Book SynopsisReaders of Off-hire in Merchant Shipping: Law and Practice will gain a comprehensive understanding of off-hire clauses, their legal and practical implications, and how they function to balance the interests of shipowners and charterers in maritime shipping.The book provides valuable insights into the mechanisms used to allocate losses resulting from delays and the contractual provisions governing these situations. For practitioners, this book solves the problem of navigating the complexities of off-hire clauses in maritime contracts by presenting the information in an accessible manner. It equips them with the knowledge required to effectively manage disputes, understand the rights and obligations of involved parties, and ensure the smooth operation of commercial relationships. The book's unique feature is its reader-friendly approach to explaining the intricacies of off-hire clauses and maritime law, making it suitable for both professionals and those who are new to the field. This approach addresses the challenge of accessibility often faced by readers when dealing with complex legal topics, ensuring they can efficiently apply the acquired knowledge in practice.Written for ship owners, ship charterers, ship managers, maritime investors (bankers and financial institutions), maritime lawyers, maritime insurers, policy-makers and practitioners, the book will also be relevant to postgraduate and PhD students, researchers and academics active in this field.

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Book SynopsisThe Law of Compulsory Motor Vehicle Insurance covers motor vehicle compulsory liability insurance in a broad context by putting emphasis on the fundamental principles unique to this type of insurance, their operation together with the general principles of law, and the interventions of the relevant EU Directives and CJEU decisions.The law regarding motor vehicle liability insurance is ever-evolving, fast-developing and offering more intellectual challenges as the disputes vary every day. This book examines the principles applicable in this area of law by studying the grounds where the rules derive from and their continuing developments over decades at both domestic and EU levels. Whilst doing so it also discusses whether the sources of the current applicable law, in several different motor vehicle compulsory insurance related issues, are in line with each other. The book also presents careful analyses of the interplay between the different sources of law, detailed discussionsTrade Review"The legal principles applicable to compulsory motor insurance are complex and intricate. They derive from: domestic legislation dating back to 1930; industry agreements filling in the gaps created by uninsured or hit and run drivers; European Union single market directives designed to secure equality of protection for victims wherever the accident occurs; and a series of lengthy decisions from both the UK courts and the Court of Justice of the European Union on the correct interpretation of the legislation and directives. Weaving all of these disparate but interrelated sources into a single volume explaining how they operate together is a major challenge. Dr Gurses’ work The Law of Compulsory Motor Vehicle Insurance is the first short work of its type to undertake this task. The author explains succinctly how the law works, explains the conflict between the UK and EU approaches and identifies future challenges. This book is clear, concise and authoritative. It will be of immense value to practitioners seeking an understanding of the regime, and also to students of insurance law. Those teaching and studying tort law will also find much of value in this work: a substantial proportion of personal injury claims arise from accidents on the road, but academics have generally shied away from looking behind tort principles to how claims are actually paid." Professor Robert Merkin QC"The new publication written by Gurses fills a gap. The regulation of traffic accidents involving motor vehicles puts high demands on the practice. This is not least due to the complex interplay of national and European law. The European system of far-reaching protection of victims offers many advantages. These include, in particular, the direct claim, which guarantees reliable regulation of damages by an insurer or, if no insurance protection intervenes, national guarantee funds such as the Motor Insurers' Bureau. Any questions of interpretation of the EU rules, such as the scope of protection, must be clarified by the European Court of Justice. In contrast, the conditions and amount of the claim for damages continue to be governed by the law at the place of the accident. This law differs considerably in the Member States. Gurses addresses these issues and many other topics - such as the scope of insurance coverage requirements, the control of contract terms, or the public policy doctrine in a concise manner. It is particularly commendable that she makes the complex legal situation in the UK, including the case law, comprehensible. The book is rounded off by an overview of the innovations of the Automated and Electric Vehicles Act 2018, especially with regard to liability."Univ.-Prof. Dr. Christian Armbrüster, Freie Universität Berlin"The legal principles applicable to compulsory motor insurance are complex and intricate. They derive from: domestic legislation dating back to 1930; industry agreements filling in the gaps created by uninsured or hit and run drivers; European Union single market directives designed to secure equality of protection for victims wherever the accident occurs; and a series of lengthy decisions from both the UK courts and the Court of Justice of the European Union on the correct interpretation of the legislation and directives. Weaving all of these disparate but interrelated sources into a single volume explaining how they operate together is a major challenge. Dr Gurses’ work The Law of Compulsory Motor Vehicle Insurance is the first short work of its type to undertake this task. The author explains succinctly how the law works, explains the conflict between the UK and EU approaches and identifies future challenges. This book is clear, concise and authoritative. It will be of immense value to practitioners seeking an understanding of the regime, and also to students of insurance law. Those teaching and studying tort law will also find much of value in this work: a substantial proportion of personal injury claims arise from accidents on the road, but academics have generally shied away from looking behind tort principles to how claims are actually paid."Professor Robert Merkin QC"The new publication written by Gurses fills a gap. The regulation of traffic accidents involving motor vehicles puts high demands on the practice. This is not least due to the complex interplay of national and European law. The European system of far-reaching protection of victims offers many advantages. These include, in particular, the direct claim, which guarantees reliable regulation of damages by an insurer or, if no insurance protection intervenes, national guarantee funds such as the Motor Insurers' Bureau. Any questions of interpretation of the EU rules, such as the scope of protection, must be clarified by the European Court of Justice. In contrast, the conditions and amount of the claim for damages continue to be governed by the law at the place of the accident. This law differs considerably in the Member States. Gurses addresses these issues and many other topics - such as the scope of insurance coverage requirements, the control of contract terms, or the public policy doctrine in a concise manner. It is particularly commendable that she makes the complex legal situation in the UK, including the case law, comprehensible. The book is rounded off by an overview of the innovations of the Automated and Electric Vehicles Act 2018, especially with regard to liability."Univ.-Prof. Dr. Christian Armbrüster, Freie Universität BerlinTable of Contents1 Brief History of the Insurance Obligation and Interaction with the EU Law 2 The Insurance Obligation: Overview 3 Insurance Obligation: Scope (Meaning of ‘Permit’ ‘Cause’ ‘Motor Vehicle’ ‘Road or Other Public Place’) 4 Requirements with Respect to the Insurance Policy: Form and Scope 5 The Meaning of ‘Use’ of a Vehicle 6 Civil Liability 7 Control of Policy Terms 8 Third Party Victim’s Right of Direct Action Against Insurers 9 Credit Hire Agreements 10 Motor Insurers’ Bureau 11 Injuries Suffered in the EU 12 The Public Policy Doctrine 13 Insurance of Automated Vehicles

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Book SynopsisImagined States examines representations of the law in British and Nigerian high-brow, middle-brow and popular fiction and journalism. It reads works by Chinua Achebe, Joyce Cary, Cyprian Ekwensi and Edgar Wallace, together with a range of Nigerian market literature and journalism.

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Book SynopsisBringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.

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Book SynopsisOver his long and illustrious career, Knud Haakonssen has explored the role of natural law in formulating doctrines of obligation and rights in accordance with the interests of early modern polities and churches. These 13 new essays acknowledge Haakonssen's immense academic achievement and give us new insights in this field.Table of ContentsIntroduction; Part I: Rights, Religion and Morality: 1. Calvinists, Arminians, Socinians: Popular sovereignty and natural rights in early modern political thought, James Moore; 2. Truth and Toleration in the Early Modern Period, Maria Rosa Antognazza; 3. The History of the History of Ethics and Emblematic Passages, Aaron Garrett; 4. Natural law and natural rights in early enlightenment Copenhagen , Mads Jensen; Part II: Natural Law and the Philosophers: 5. Natural Equality and Natural Law in Locke’s Two Treatises, Kari Saastamoinen; 6. Dignity and Equality in Pufendorf’s Natural Law Theory, Simone Zurbuchen; 7. Theory and Practice in the Natural Law of Christian Thomasius, Ian Hunter; 8. The 'iura connata' in the Natural Law of Christian Wolff, Frank Grunert; 9. Hume’s peculiar definition of justice, James A. Harris; Part III: Rights and Reform: 10. Economizing Natural Law: Pufendorf on Moral Quantities and Sumptuary Legislation, Michael Seidler; 11. The Legacy of Smith’s Jurisprudence in Late-Eighteenth-Century Edinburgh, John W. Cairns; 12. Declaring Rights: Bentham and the Rights of Man, David Lieberman; 13. Rights After the Revolutions, Richard Whatmore; Index.

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Book SynopsisAre the general and the particular separated in legal rhetorics? What is the function of singular events, facts, names in legal argumentation and what is their relationship to legal normativity? This collection of 11 essays takes a diachronic approach to address these questions from the perspective of contemporary legal discourse.

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Book SynopsisConor McCarthy shows how outlaw literature and espionage literature critique the use of legal exclusion as a means of supporting state power. Texts discussed range from the medieval Robin Hood ballads, Shakespeare's history plays and the Ned Kelly story to John le Carre, Don DeLillo, Ciaran Carson and William Gibson.

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Book SynopsisAround four billion people globally are unable to address their everyday legal problems and do not have the security, opportunity or protection to redress their grievances and injustices.

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