Law Books

Book SynopsisPrison is unquestionably one of the most sex-segregated of all social institutions. From the first incarnations of the carceral project more than two centuries ago, reformers and penologists earnestly turned their attention to the construction of ''Christian gentlemen'' and ''respectable ladies''. Vestiges of these projects remain to the present day, though often in radically different forms. Academic work exploring the construction of prison related gender has been a relatively recent development within the last quarter century. Included in this volume are twenty-two key articles exploring prison history, the state and gendered social control, gender and work in prisons and the gendered experience of incarceration. The introductory essay places these areas in the context both of more conventional sociologies of gender (highlighting both masculinities and femininities) and traditional scholarship on the prison, arguing for a return of this increasingly important social institution froTable of ContentsContents: Series preface; Introduction. Gender and Prison History: Penitence for the privileged: manhood, race and penitentiaries in early America, Mark E. Kann; Race, gender and prison history: from the convict lease system to the supermax prison, Angela Y. Davis; 'One female prisoner is of more trouble than 20 males': women convicts in Illinois prisons, 1835-1896, L. Mara Dodge; Wretched, hatless and miserably clad: women and the inebriate reformatories from 1900-1913, G. Hunt, J. Mellor and J. Turner; Following the rules? Women's responses to incarceration, New Zealand, 1880-1920, Bronwyn Dalley; Situating sex: prison sexual culture in the mid-20th century United States, Regina G. Kunzel; A brief history of doing time: the California Institution for Women in the 1960s and the 1990s, Rosemary Gartner and Candace Kruttschnitt. Gender, the State and Regimes of Control: Prisons that empower: neo-liberal governance in Canadian women's prisons, Kelly Hannah-Moffat; Homeboys, babies, men in suits: the State and the reproduction of male dominance, Lynne Haney; Embodied surveillance and the gendering of punishment, Jill A. McCorkel ; Gender theory and prison sociology: using theories of masculinities to interpret the sociology of prisons for men, Carolyn Newton. Gender and Work in Prison: Gendered organizational logic: policy and practice in men's and women's prisons, Dana M. Britton; Women doing a man's job: female prison officers working in a male prison, Louise Farnsworth ; A man's world: gender issues in working with male sex offenders in prison, Malcolm Cowburn; Cat fights and gang fights: preference for work in a male-dominated organization, Dana M. Britton. Gender and the Experience of Incarceration: Doing her own time? Women's responses to prison in the context of the old and the new penology, Candace Kruttschnitt, Rosemary Gartner and Amy Miller; Tougher than the rest? Men in prison, Joe Sim; Re/constructing black masculinity in prison, M. Nandi; Resistance

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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 SynopsisProsecutors are the most powerful actors in the legal system. Their decisions have significant implications for how crime is defined, who is charged, and the punishment they receive. This volume draws together classic and recent scholarship that critically examines how prosecutorial power is constituted through their decision-making processes, the relationships between legal changes and court actors, and the consequences of this for society. Taken as a whole, this collection offers insights into law in action, how social change shapes the legal system, and alternative forms of case resolution.Table of ContentsContents: Series preface; Introduction; Part I Decision-Making practices: Case Screening and Charging: Prosecutorial discretion: the effects of uncertainty, Celesta A. Albonetti; Organisational horizons and complaint-filing, Robert M. Emerson and Blair Paley; Prosecution and race: the power and privilege of discretion, Angela J. Davis; Convictability and discordant locales: reproducing race, class, and gender ideologies in prosecutorial decision making, Lisa Frohmann. Part II Decision-Making Practices: Plea Bargaining: The prosecutor's role in plea bargaining, Albert W. Alschuler; Gauging the strength of evidence prior to plea bargaining: the interpretive procedures of court-appointed defense attorney, Debra S. Emmelmann; The structure of discourse in misdemeanor plea bargaining, Douglas W. Maynard; Prosecutorial discretion and plea bargaining in the United States, France, Germany and Italy: a comparative perspective, Yue Ma. Part III Legal Reforms and Shifts in Prosecutorial Power: Killing her softly: intimate abuse and the violence of state intervention, Linda G. Mills; Crime control and feminist law reform in domestic violence law: a critical review, Donna Coker; The federal/state criminal prosecution nexus: a case study of cooperation and discretion, Lisa L. Miller and James Eisenstein. Part IV Prosecutorial Power and Ethical Conduct: Victory, not justice, is the goal, Ken Armstrong and Maurice Possley; Prosecution on trial in DuPage, Maurice Possley and Ken Armstrong; Reversal of fortune, Ken Armstrong and Maurice Possley; Break rules, be promoted, Ken Armstrong and Maurice Possley; The prosecutor's duty to truth, Bennett L. Gershman. Part V International Criminal Court and Alternatives to Prosecution: Crimes of war and force of law, John Hagan and Ron Levi; Between vengeance and forgiveness: South Africa's truth and reconciliation commission, Martha Minow; Name index.

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Book SynopsisThis important volume brings together many of the most influential articles and essays in the emerging field of police ethics, and specifically the philosophical literature on ethical issues that arise in policing. Topics covered include theories of policing; police authority and police discretion; police culture; corruption; deadly force and rights of suspects.Trade Review'a welcome contribution to the literature on police ethics and especially the philosophical literature on ethical issues that arise in policing...an important addition ...' Ethical PerspectivesTable of ContentsContents: Series preface; introduction. Part I Theories of Policing: The capacity to use force as the core of the police role, Egon Bittner; A social contract perspective on the police role, Howard S. Cohen and Michael Feldberg; Moral foundations of policing, John Kleinig; Human rights and the institution of the police, Seumas Miller. Part II Police Authority and Police Discretion: 2 principles of policing, Lord Scarman; The police and their rules of office: an ethical analysis, William C. Heffernan; Police discretion, Laurence Lustgarten; The pervasive false pretense of full enforcement, K.C. Davis; police discretion, legality and morality, James F. Doyle; Is police discretion justified in a free society?, Jeffrey Reiman; Selective enforcement and the rule of law, John Kleinig. Part III Police Culture: A sketch of the policemen's 'working personality', Jerome H. Skolnick; Police culture, Steve James and Ian Warren; Loyalty: the police, R.E. Ewin; The problematic virtue of loyalty, John Kleinig; 3 types of leadership, William C. Heffernan. Part IV Police Corruption: Becoming bent: moral careers of corrupt policemen, Lawrence Sherman; Exploiting police authority, Howard Cohen ; The Dirty Harry problem, Carl B. Klockars; Tragedy and 'noble cause' corruption, Edwin J. Delattre. Part V Deadly Force: Tennessee v. Garner, US Supreme Court; Deadly force, P.A.J. Waddington; Shootings by police in Victoria: the ethical issues, Seumas Miller. Part VI Rights of Suspects: Deception by police, Jerome Skolnick; Who really gets stung? Some issues raised by the new police undercover work, Gary T. Marx; The serpent beguiled me and I did eat: entrapment and the creation of crime, Gerald Dworkin; The ethics of deceptive interrogation, Jerome H. Skolnick and Richard A. Leo; Name index.

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Book SynopsisDemocracy and the rule of law are commonly represented as complementary and indispensable components of the modern democratic state. Whatever the truth of this formulation, it conceals the competing claims of electoral and legal accountability that are the subject of this volume. Political, legal and social theorists have long debated these contending claims. Recent socio-legal scholarship has shed empirical light on the debate. Accordingly, this volume brings together some of the landmarks of the relevant theory, including the work of such scholars as H.L.A. Hart, Lon L. Fuller and Philip Selznick and incorporates current socio-legal scholarship by such leading figures as Malcolm Feeley, Robert Kagan, Michael McCann and David Nelken.Trade Review'Scheingold's choice of articles to include in this volume, his imaginative interpretive essay, and the organization of the works included in the volume demonstrate how sociolegal empirical scholarship has and should address broad issues derived from political and legal theory.' -The Law an Politics Book Review, February 2007Table of ContentsContents: Series preface; Introduction. Rights, Legality and democracy: Rights: legal aspects, Michael McCann and Stuart Scheingold Classical Legality: Keeping Law Safe from Politics: Revisiting Fuller's critique of Hart-managerial control and the pathology of legal systems: the Hart-Weber nexus, James C. Ketchen; The forms and limits of adjudication, Lon L. Fuller; Sociology and natural law, Philip Selznick. Reconsidering the Classical Canon: Coping with Inequality: Why the 'haves' have come out ahead: speculations on the limits of legal change, Marc Galanter; Controlling official behavior in welfare administration, Joel Handler; The war on poverty: a civilian perspective, Edger S. Cahn and Jean C. Cahn; Public interest liberalism and the modern regulatory state, Michael W. McCann; Constitutional rights and social change: civil rights in perspective, Stuart A. Scheingold. The Case Against 'Adversarial Legalism': Reaffirming the Classical Canon: The passive virtues, Alexander M. Bickel; Decreeing organizational change; judicial supervision of public institutions, Donald L. Horowitz; Adversarial legalism and American government, Robert Kagan. In Defence of Politicization: 'Adversarial Legalism' Reconsidered: The passive-aggressive virtues: Cohens v. Virginia and the problematic establishment of judicial power, Mark Graber; The role of the judge in public law litigation, Abram Chayes; The prison conditions cases and the bureaucratization of American corrections: influences, impacts and implications, Malcolm M. Feeley and Van Swearingen; Legal mobilization and the politics of reform: lessons from school finance litigation in Kentucky, 1984-1995, Michael Paris; 25 years after Rodriguez: school finance litigation and the impact of the new judicial federalism, Douglas Reed. Legality, Equality and Democracy: Adversarial legalism: the American way of law, David Nelken; Index.

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Book SynopsisThis important volume examines rights from an inter-disciplinary law and society perspective, beginning with the premise that the most basic functions of rights requires the empirical study of rights consciousness and claiming behavior. As such the volume includes articles and essays by political scientists, historians, lawyers, and sociologists which place the study of ordinary citizens'' understandings of rights, and what actions they take based on that knowledge, at the forefront of an empirical research agenda. This has important implications for law''s capacity to achieve social change and can lead to better understanding of how rights can and should operate in a social and legal system. The volume is organized around the social movements and political processes which give rise to rights, the processes by which people come to understand they enjoy a right, the decision to invoke the right either formally or informally, and the organizational and institutional constraints and opporTable of ContentsContents: Series preface; Introduction; Part I Historical and Philosophical Perspectives on Theories of Rights: Universal Declaration of Human Rights, United Nations; Of property, John Locke; Constitutional democracy: a paradoxical union of contradictory principles?, Jürgen Habermas; The model of rules, Ronald M. Dworkin. Part II Conflicts Of and About Rights: The new property, Charles A. Reich; Rights in conflict, Jeremy Waldron; Interpreting rights: an essay for Robert Cover, Martha Minow; An essay on rights, Marc Tushnet. Part III Rights in Empirical Relief: The emergence and transformation of disputes: naming, blaming, claiming..., William L.F. Felstiner, Richard L. Abel and Austin Sarat; Rights, remembrance, and the reconciliation of difference, David M. Engel and Frank W. Munger; Situating legal consciousness: experiences and attitudes of ordinary citizens about law and street harassment, Laura Beth Nielsen; Rights in Organizations: Internal dispute resolution: the transformation of civil rights in the workplace, Lauren B. Edelman, Howard S. Erlanger and John Lande; Bargaining in the shadow of institutions: competing discourses and social change in workplace mobilization of civil rights, Catherine R. Albiston. Rights in Social Movements: Reform litigation on trial, Michael W. McCann; Hollow hopes and other aspirations: a reply to Feeley and McCann, Gerald N. Rosenberg. Rights in Global Contexts: The ADA on the road: disability rights in Germany, Katharina C. Heyer; Rights, religion and community: approaches to violence against women in the context of globalization, Sally Engle Merry; Name index.

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Book SynopsisGun Crime brings together a collection of texts drawn from a diverse range of disciplines which have contributed towards understanding the impact of gun crime within western societies. The book is divided into four interconnected sections which examine the use of firearms to commit offences. Part one explores the problems of youth, gang membership and guns in society. Part two examines the act of robbery where firearms are deployed by criminals in order to facilitate and commission robbery offences. Part three analyses the problem of violence and homicide associated with firearm offending. In the fourth and final part of the collection the texts focus on firearm injury trauma caused as a result of gun crime. The book provides insights for students and researchers, law enforcement agencies, community-based activists and policy-makers seeking to understand issues embedded within firearms offending and to develop initiatives to tackle gun crime.Table of ContentsContents: Introduction; Part I Youth, Gangs and Guns: Gang-related gun violence: socialization, identity and self, Paul B. Stretesky and Mark R. Pogrebin; Gangs, gang homicides, and gang loyalty: organized crimes or disorganized criminals, Scott H. Decker and G.David Curry; The role of firearms in violence 'scripts': the dynamics of gun events among adolescent males, Deanna L. Wilkinson and Jeffrey Fagan; Gun crime: the market in and use of illegal firearms, Gavin Hales, Chris Lewis and Daniel Silverstone; Early onset offending and later violent and gun outcomes in a contemporary youth cohort, Cynthia Perez McCluskey, John D. McCluskey and Timothy S. Bynum; The association between weapon-carrying and the use of violence among adolescents living in or around public housing, Robert H. DuRant, Alan G. Getts, Chris Cadenhead and Elizabeth R. Woods; Examining the arsenal of juvenile gunslingers: trends and policy implications, Rick Ruddell and G. Larry Mays; 'Getting high and getting by': dimensions of drug selling behaviours among American Mexican gang members in South Texas, Avelardo Valdez and Stephen J. Sifaneck. Part II Robbery and Firearms: Stick-up, street culture, and offender motivation, Bruce A. Jacobs and Richard Wright; Up it up: gender and the accomplishment of street robbery, Jody Miller; Possession and use of illegal guns among offenders in England and Wales, Trevor Bennett and Katy Holloway; Generating compliance: the case of robbery, David F. Luckenbill; Armed and dangerous? the use of firearms in robbery, Ian O'Donnell and Shona Morrison; 'Stick 'em up, buddy': robbery, lifestyle, and specialization within a cohort of parolees, Shawn L. Schwaner; Robbery violence, Philip J. Cook. Part III Gun Crime, Violence and Homicide: Weapon use and violent crime: national crime victimization survey, 1993-2001, Craig Perkins; To kill or not to kill? Lethal outcomes in injurious attacks, Richard B. Felson and Steven F. Messner; Exploring the drugs-homicide connecti

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Book SynopsisIn little more than a decade, Green Criminology has become an established new perspective in the field. It embraces an exciting and wide range of topics, from controversies about genetic modification through corporate offending against the environment and human communities, to animal abuse. Green Criminology provides a focal point for longstanding and new areas of research as well as making important interdisciplinary connections.Table of ContentsAcknowledgements, Series Preface, Introduction, PART I ANIMAL ABUSE AND GREEN CRIMINOLOGY, PART II CRIME AND THE ENVIRONMENT: DIVERSITY AND DIRECTIONS IN A GREEN CRIMINOLOGY, PART Ill RIGHTS, VICTIMS AND REGULATION, PART IV GREENING CRIMINOLOGY, Name Index

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Book SynopsisThe study of the ethical issues related to computer use developed primarily in the 1980s, although a number of important papers were published in previous decades, many of which are contained in this volume. Computer ethics, as the field became known, flourished in the following decades. The emphasis initially was more on the computing profession: on questions related to the development of systems, the behaviour of computing professionals and so on. Later the focus moved to the Internet and to users of computer and related communication technologies. This book reflects these different emphases and has articles on most of the important issues, organised into sections on the history and nature of computer ethics, cyberspace, values and technology, responsibility and professionalism, privacy and surveillance, what computers should not do and morality and machines.Table of ContentsContents: Series Preface; Introduction; Part I Computer Ethics - Its History and Nature: Ethical challenges to citizens of 'the automatic age': Norbert Wiener on the information society, Terrell Ward Bynum; Some Moral and technical consequences of automation, Norbert Wiener; Rules of ethics in information processing, Donn B Parker; The 2 cultures of the computer age, Joseph Weizenbaum; On the impact of the computer on society: how does one insult a machine?, Joseph Weizenbaum; What is computer ethics?, James H. Moor; 4 ethical issues of the information age, Richard O. Mason; Is there an ethics of computing?, Geoffrey Brown; The use and abuse of computer ethics, Donald Gotterbarn; Information ethics: on the philosophical foundations of computer ethics, Luciano Floridi. Part II Cyberspace: Balancing intellectual property rights and the intellectual commons: a Lockean analysis, Herman T. Tavani; What is so bad about internet content regulation?, John Weckert; Unreal friends, Dean Cocking and Steve Matthews; Developing trust on the internet, Victoria McGreer; The computer revolution and the problem of global ethics, Krystyna Gorniak-Kocikowska; Computer-mediated colonization, the renaissance, and educational imperatives for an intercultural global village, Charles Ess; Shaping the web: why the politics of search engines matters, Lucas D. Introna and Helen Nissenbaum; Part III Values and Technology: Do artefacts have politics?, Langdon Winner; Towards ethical principles for designing politico-administrative information systems, M.J. van den Hoven; Bias in computer systems, Batya Friedman and Helen Nissenbaum; Method in computer ethics: towards a multi-level interdisciplinary approach, Philip Brey. Part IV Responsibility and Professionalism: Human agency and responsible computing: implications for computer system design, Batya Friedman and Peter H. Kahn Jr ; Informatics and professional responsibility, David Gotterbarn; Do engineers have social responsibilities?, Deborah G. Johnson; Computing and accountability, Helen Nissenbaum; Using the new ACM code of ethics in decision making, Ronald E. Anderson, Deborah G. Johnson, Donald Gotterbarn and Judith Perolle. Part V Privacy and Surveillance: Are computer hacker break-ins ethical?, Eugene H. Spafford; A moral approach to electronic patient records, N.B. Fairweather and S. Rogerson; Privacy and the varieties of informational wrongdoing, Jeroen van den Hoven; Protecting privacy in an information age: the problem of privacy in public, Helen Nissenbaum; Privacy, the workplace and the internet, Seumas Miller and John Weckert; Surveillance in employment: the case of teleworking, N. Ben Fairweather. Part VI What Computers Should Not Do: Are there decisions computers should never make? James H. Moore; Computers in control: rational transfer of authority or irresponsible abdication of autonomy? Arthur Kuflik; On becoming redundant or what computers shouldn't do, James Lenman. Part VII Morality and Machines: Men, machines, materialism, and morality, Peter T. Manicas; Can robots be moral?, Laszlo Versenyi ; A code of conduct for robots coexisting with human beings, Shigeo Hirose; Information, ethics, and computers: the problem of autonomous moral agents, Bernd Carsten Stahl; Name Index.

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Book SynopsisThe pursuit of security is now central to the development of public policy and a driving force behind the spread of private policing. Just as new theoretical frameworks are needed to deal with the increasing tendency of crime control policies to focus on risk reduction, new forms of governance are also required to deal with the rapid growth of the private security industry. This volume brings together a wide range of contributions from leading scholars in the field and includes international and comparative perspectives on the challenges posed by the rise of the 'security society'.Table of ContentsContents: Series preface; Introduction. Part I Theorizing Security: The concept of security, Lawrence Freedman; Against security: thinking normatively about private security, Ian Loader . Part II Security and Governance: Punishment and the changing face of governance; The patchwork shape of reassurance policing in England and Wales: integrated local security quilts or frayed, fragmented and fragile tangled webs?, Adam Crawford and Stuart Lister; Security in the age of networks, Benoît Dupont; Governing security for common goods, Clifford Shearing and Jennifer Wood. Part III The Burdens of Security: Consumer culture and the commodification of policing and security, Ian Loader; The commodification of policing: security networks in the late modern city, Tim Newburn ; Security and liberty: the image of balance, Jeremy Waldron; Too much security?, Lucia Zedner. Part IV The Private Security Industry: Modern private security: its growth and implications, Clifford D. Shearing and Philip C. Stenning; Privatization and capitalist development: the case of the private police, Steven Spitzer and Andrew T. Scull; Private policing in context, Les Johnston; Urban change and policing: mass private property re-considered, Trevor Jones and Tim Newburn. Part V Risk, Insecurity, and Uncertainty: The moral hazards of neo-liberalism: lessons from the private insurance industry, Richard Ericson, Dean Barry and Aaron Doyle; Security in ambiguity: towards a radical security politics, Willem de Lint and Sirpa Virta; The uncertain promise of risk, Pat O'Malley. PartVI Comparative and International Issues: The concept of security: an agenda for comparative analysis, Lucia Zedner; Policing, securitization and democracy in Europe, Ian Loader ; Technologies, security, and privacy in the post 9/11 European information society, Michael Levi and David S. Wall; The governance of security in weak and failing states, Benoît Dupont, Peter Grabosky and Clifford Shearing; Index.

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Book SynopsisHans-Georg Gadamerâs philosophical hermeneutics is especially relevant for law, which is grounded in the interpretation of authoritative texts from the past to resolve present-day disputes. In this collection, leading scholars consider the importance of Gadamerâs philosophy for ongoing disputes in legal theory. The work of prominent philosophers, including Fred Dallmayr, P. Christopher Smith and David Hoy, is joined with the work of leading legal theorists, such as William Eskridge, Lawrence Solum and Dennis Patterson, to provide an overview of the connections between law and Gadamerâs hermeneutical philosophy. Part I considers the relevance of Gadamerâs philosophy to longstanding disputes in legal theory such as the debate over originalism, the rule of law and proper modes of statutory and constitutional exegesis. Part II demonstrates Gadamerâs significance for legal theory by comparing his approach to the work of Nietzsche, Habermas and Dworkin.Table of ContentsContents: Series preface; Introduction; Part I Philosophical Hermeneutics and Legal Theory: Gadamer on the Exemplary Significance of Law for Hermeneutical Philosophy: The recovery of the fundamental hermeneutic problem, Hans-Georg Gadamer; Philosophical Hermeneutics and Jurisprudence: Hermeneutics and the rule of law, Fred Dallmayr; The politics of postmodern jurisprudence, Stephen M. Feldman; Authorial intent and hermeneutics, Dennis Patterson; Originalism as transformative politics, Lawrence B. Solum Law, hermeneutics and public debate, Georgia Warnke; Modes of Legal Interpretation: Statutory and Constitutional: Gadamer/statutory interpretation, William Eskridge; Reading the race power: a hermeneutic analysis, Alexander Reilly; Interpretation, critique, and adjudication: the search for constitutional hermeneutics, John T. Valauri. Part II Gadamer in Conversation with Other Leading Hermeneutic Philosophers on Law and Legal Theory: Gadamer and the Continental Tradition: On a general theory of interpretation: the Betti-Gadamer dispute in legal hermeneutics, George Wright; Gadamer and Nietzsche: From strife to understanding: pathological argument in Nietzsche and Gadamer, P. Christopher Smith; Responding to Nietzsche: the constructive power of destruktion, Francis J. Mootz III; Gadamer and Habermas: Determinacy, indeterminacy and rhetoric in a pluralist world, Mark Burton; Traces of violence: Gadamer, Habermas, and the hate speech problem, R. George Wright; Gadamer and Dworkin: Protestant hermeneutics and the rule of law: Gadamer and Dworkin, Kenneth Henley; Legal hermeneutics: recent debates, David Couzens Hoy; Dworkin's hermeneutics, Gregory Leyh. Index.

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Book SynopsisStudies in investigative psychology require a special methodology, developed by David Canter to allow scientific explorations in such a challenging field, previously assumed not to be open empirical study. In this book the practical potential and applications of the research are given.Trade Review'... Youngs has edited a collection of clear, concise studies situating Investigative Psychology as a field of applied research making groundbreaking contributions to the study of crime and criminal behavior.' International Criminal Justice Review ’I enthusiastically recommend this discussion of the science, philosophy and style of behavioral analysis pioneered by the unique vision and drive of David Canter and Donna Youngs, herself. In particular, I have found their concept of narrative identity and "personal myth" as it relates to criminal behavior extremely useful in defining the underlying principles to what I actually do in my own work every day.’ Kathleen M. Puckett, former FBI Special Agent, TK Associates, LLC, USATable of ContentsContents: Editor’s notes; Investigative psychology: David Canter’s approach to studying criminals and criminal action, Donna Youngs; Section 1 On David Canter’s IP Theories and Models: Violent self-narratives and the hostile attribution bias, Shadd Maruna and Michelle Butler; Action systems models of criminal differentiation, Katarina Frizton; Differentiation of hostage barricade incidents: through the application of the action system model, Kaeko Yokota; Test of Canter’s sexual behavioural models in a sample of young people who had sexually harmed, Louise Almond; Emotions as explanation of crime, Maria Ioannou. Section 2 On David Canter’s IP Methodologies: Introducing a common range index of inter-variable similarity for the analysis of Radex structures, Sean Hammond; Homicide crime scene analysis: an investigative psychology approach, C. Gabrielle Salfati; Investigative psychology and suicide: the facet structure of investigative material, Susan Giles; Questions and answers about the faceted analysis of criminal actions, Jamie Lee. Section 3 IP: A Problem-Solving Discipline: Offenders' spatial behaviour and geographical offender profiling, Laura Hammond and Donna Youngs; Linking crimes in criminal investigations, Craig Bennell; Contemporary challenges in investigative psychology: revisiting the Canter offender profiling equations, Donna Youngs and Elizabeth Spruin; Closing remarks, David Canter. Section 4 Selected IP Works of Professor Canter: Geographical offender profiling: using insights from practical application to enhance theoretical explorations, David Canter; Evaluating profiling; Narratives of criminal action and forensic psychology, David Canter and Donna Youngs; Selected writings for UK newspapers; Selected bibliography; Index.

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Book SynopsisThis volume brings together some of the best journal articles of the last twenty years which deal with various aspects of the relationship between parents and children. Adopting an inter-disciplinary and comparative approach, the book reproduces articles from a variety of journals in law and the social sciences. The book is divided into eight parts dealing, respectively, with becoming a parent; the status and obligations of parenthood; issues of upbringing; adolescence; child support; parental separation, divorce and children; child abuse and state intervention; social parenthood and adoption. The volume includes a substantial introduction by the editor.Table of ContentsContents: Introduction; Part I Becoming a Parent: The position of the father in European legislation, Marie-Thérèse Meulders-Klein; The French 'tradition' of anonymous birth: the lines of argument, Nadine Lefaucheur; Families, assisted reproduction and the law, Rebecca Probert; Do parents influence the sexual orientation of their children? Findings from a longitudinal study of lesbian families, Susan Golombok and Fiona Tasker. Part II The Status and Obligations of Parenthood: Are parents morally obliged to care for their own children?, John Eekelaar; Conceptions of parental autonomy, Colin M. Macleod; The myth of parental rights, Phillip Montague. Part III Issues of Upbringing: Whose life is it anyway?, Michael Freeman; Religion, culture and conviction - the medical treatment of young children, Caroline Bridge; Punishing parents for the crimes of their children, Raymond Arthur; Am I my child's keeper? Parental liability in negligence, Stanley Yeo; Family values in the classroom? Reconciling parental wishes and children's rights in state schools, Laura Lundy. Part IV Adolescence: Rearing adolescents in contemporary society, Stephen A. Small and Gay Eastman; The parenting of adolescents in Britain today, John C. Coleman; Rethinking Gillick, Michael Freeman. Part V Child Support: Unwilling fathers and abortion: terminating men's child support obligations, Sally Sheldon; A theory of child support, Scott Altman. Part VI Parental Separation, Divorce and Children: Parental predivorce relations and offspring postdivorce well-being, Alan Booth and Paul R. Amato; Inter-parental conflict and children's adaptation to separation and divorce: theory, research and implications for family law, practice and policy, Gordon T. Harold and Mervyn Murch; Child custody in the age of children's rights: the search for a just and workable standard, Barbara Bennett Woodhouse; Parent-child contact in Australia: exploring 5 different post-separation patterns of parenting, Bruce Smyth. Part

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Book SynopsisWith the accelerating movement of individuals and families across national borders, the intersections of cultural and legal frameworks have become increasingly complex. The Multi-Cultural Family collects essays from around the world on the challenges of legal pluralism, minority religious communities and customary or indigenous law, with attention paid to marriage and divorce, as well as child custody and adoption, family violence and dispute resolution.Table of ContentsContents: Introduction; Part I Marriage and Divorce: Religious Minority Groups and the Secular State: Toward a multicultural family law, Ann Laquer Estin; Taking multiculturalism seriously: marriage law and the rights of minorities, Patrick Parkinson; Muslim maghrebian marriage in France: a problem for legal pluralism, Edwige Rude-Antoine; Migrant women caught between Islamic family law and women's rights. The search for the appropriate 'connecting factor' in international family law, Marie-Claire Foblets; Rationality and cultural pluralism in the non-recognition of foreign marriages, John Murphy; Citizenship on trial: Nadia's case, Unni Wikan; Blaming culture for bad behavior, Leti Volpp; The reconstruction of the Constitution and the case for Muslim personal law in Canada, Syed Mumtaz Ali and Enab Whitehouse; Muslim women and 'Islamic divorce' in England, Lucy Carroll; Jewish marriage and civil law: a 2-way street?, David Novak. Legal Pluralism and Women's Rights: Balancing minority rights and gender justice: the impact of protecting multiculturalism on women's rights in India, Pratibha Jain; A critical analysis of customary marriages, bohali and the South African Constitution, R. Songca; Women, religion and multiculturalism in Israel, Ruth Halperin-Kaddari; A cross cultural perspective on reproductive rights, Carla Makhlouf Obermeyer; An Islamic perspective on domestic violence, Azizah Y. al-Hibri. Indigenous and Customary Law: Indigenous peoples and family law: issues in Aotearoa/New Zealand, Jacinta Ruru; Evolving indigenous law: Navajo marriage - cultural traditions and modern challenges, Antoinette Sedillo Lopez; Valid-where-consummated: the intersection of customary law marriages and formal adjudication, Lona N. Laymon. Part II Children: Children between cultures, John Eekelaar; Complicating culture in child placement decisions, Annie Bunting; Understanding sending country's traditions and policies in international adoptions: avoiding legal and cultural pi

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Book SynopsisRace, Law and Society draws together some of the very best writing on race and racism from the law and society tradition, yet it is not intended to merely reprint the greatest hits of the past. Instead, from its introduction to its selection of articles, this anthology is designed as a 'how-to manual', a guide for scholars and students seeking templates for their own work in this important but also tricky area. Race, Law and Society pulls together leading exemplars of the sorts of social science scholarship on race, society and law that will be essential to racial progress as the world begins to travel the twenty-first century.Table of ContentsContents: Series preface; Introduction. Part I Beyond Doctrine: Race and Rights: Law, society, identity, and the making of the Jim Crow South: travel and segregation on Tennessee railroads, 1875-1905, Kennth W. Mack; Brown as a Cold War case, Mary L. Dudziak; African-American rights after Brown, Gerald N. Rosenberg; 'Won't you please help me get my son home': peonage, patronage, and protest in the World War II urban south, Risa L Goluboff; Victims in the shadow of the law: a critique of the model of legal protection, Kristin Bumiller; Advocacy against the stereotype: lessons from cognitive social psychology, Gary Blasi . Part II: Race, Racism, and Criminal Justice: The mark of a criminal record, Devah Pager; Too many black men: the sentencing judge's dilemma, Doris Marie Provine; Crime, race, and reproduction, Dorothy E. Roberts; From slavery to mass incarceration: rethinking the 'race question' in the US, Loïc Wacquant. Part III From Law to Race: Telling the difference: nineteenth-century legal narratives of racial taxonomy, Michael A Elliott; Miscegenation law, court cases, and ideologies of 'race' in twentieth- century America, Peggy Pascoe; The architecture of race in American immigration law; a re-examination of the immigration act of 1924, Mae M. Ngai; Protest, repression, and race: legal violence and the Chicano Movement, Ian F. Haney López; The citizen and the terrorist, Leti Volpp. Part IV Methods: Race in law and society: a critique, Osagie K. Obasogie; A tale of two genres: on the real and ideal links between law and society and critical race theory, Laura E. Gómez; Sapphire bound!, Regina Austin; Name index.

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Book SynopsisFor over half a millennium global law has been central to the practice and analysis of international relations. How has the use of global law shaped international relations of the past and present and how will it shape the future? This work assembles the key articles that have defined the scholarly field of global law to explore customs, treaties and international institutions, the roles they have played in international relations and the effect they have had and will continue to have in the international system. With a wide range of articles covering the classic debates of the role of global law, as well as introducing case studies of the applications of global law, it allows one to ask what the future of global law will be.Table of ContentsContents: Introduction; Part I The Sources and Development of International Law: Positivism, functionalism, and international law, Hans J. Morgenthau; The subjects of a modern law of nations, Philip C. Jessup; Codification and development of international law, H. Lauterpacht; New approaches to the study of international law, Richard A. Falk; The prescribing function in world constitutive process: how international law is made, Myres S. McDougal and W. Michael Reisman; The reality and efficacy of international law, Ian Brownlie; Global economics and international economic law, John H. Jackson. Part II Competing Theories of International Law: International law and assumptions about the state system, William D. Coplin; International relations and international law: 2 optics, Robert O. Keohane; The waning of the sovereign state: towards a new paradigm for international law, Christoph Schreuer; The concept of legalization, Kenneth W. Abbot, Robert O. Keohane, Andrew Moravcsik, Anne-Marie Slaughter and Duncan Snidal. Part III Hard Law, Soft Law, Legalization and Norms: Hard and soft law in international governance, Kenneth W. Abbot and Duncan Snidal; Alternatives to 'legalization': richer views of law and politics, Martha Finnemore and Stephen J. Toope; Legalization, trade liberalization and domestic politics: a cautionary note, Judith Goldstein and Lisa L. Martin; Sovereignty and inequality, Benedict Kingsbury; Private justice in a global economy: from litigation to arbitration, Walter Mattli. Part IV Does International Law Matter? Compliance, Legitimacy and Accountability: On compliance, Abram Chayes and Antonia Handler Chayes; How do international institutions matter? The domestic impact of international rules and norms, Andrew P. Cortell and James W. Davies Jr; The power of legitimacy and the legitimacy of power: international law in an age of power disequilibrium, Thomas M. Franck. Part V The Laws of War and Force: The complexities of humanitarian intervention: a new world order challenge, Richard Falk; The use of force in international law, Thomas M. Franck; Name Index.

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Book SynopsisThis book is a selection of articles and chapters published over Martin Golding''s academic career. Golding''s approach to the philosophy of law is that it contains conceptual and normative issues and in this volume logical issues in legal reasoning are examined, and various theories of law are critically discussed. Normative questions are dealt with regarding the rule of law and criminal law defenses, and the concept of rights and the terminology of rights are analyzed. Much of Golding''s work is critical-historical as well as constructive. This volume will prove an informative and useful collection for scholars and students of the philosophy of law.Table of ContentsContents: Introduction; My philosophy of law; Part 1 Legal Reasoning: Principled decision-making and the Supreme Court; A note on discovery and justification in science and law; The logical force of arguments by analogy in common law reasoning; Aesthetics and legal reasoning: a strand in American legal thought; Preliminaries to the study of procedural justice; Substantive interpretation and common law elaboration; The legal analog of the principle of bivalence. Part 2 Legal Theories; Jurisprudence and legal philosophy in 20th century America - major themes and developments; Kelsen and the concept of 'legal system'; Holmes's jurisprudence: aspects of its development and continuity; Retroactive legislation and restoration of the rule of law; The cultural defense; Responsibility; Faux pas. Part 3 Rights: Towards a theory of human rights; Obligations to future generations; The significance of rights language; The primacy of welfare rights; Rights, performatives, and promises in Karl Olivecrona's legal theory; Name index.

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Book SynopsisJohn Locke is one of the most important figures in the history of philosophy. His Two Treatises of Government and A Letter Concerning Toleration fascinate us as much today as they did when first published three centuries ago. Locke and Law presents for the first time in one collection the most important contemporary writings exploring his many contributions to legal theory. These articles and essays deal with a variety of issues, such as natural law, natural rights, property, abortion, constitutional law, the relationship between law and society, punishment, toleration, and civil disobedience.Table of ContentsContents: Series preface; Introduction; Part I Natural Law and Natural Rights: Locke on natural law and property rights, David C. Snyder; Limiting Locke: a natural law justification for the fair use doctrine, Benjamin G. Damstedt; The shape of Lockean rights: fairness, pareto, moderation, and consent, Richard J. Arnesen . Part II Property: Original acquisition of private property, Leif Wenar; Locke, property, and progressive taxes, Donna M. Byrne ; Nozick and Locke: filling the space of rights, Jeremy Waldron. Part III Abortion: The prize and the price of individual agency: another perspective on abortion and liberal government, Kimberley Sharron Dunn . Part IV Constitutional Law: John Locke's doctrine of the separation of powers: a re-evaluation, Suri Ratnapala; Reason to ratify: the influence of John Locke's religious beliefs on the creation and adoption of the United States Constitution, David L. Wardle; John Locke's political plan, or, there's no such thing as judicial impartiality (and it's a good thing too), John M. Kang. Part V Law and Society: Radical evil in the Lockean state: the neglect of the political emotions, Martha C. Nussbaum. Part VI Punishment: Locke and the right to punish, A. John Simmons; Locke on punishment and the death penalty, Brian Calvert. Part VII Tolerance and Civil Disobedience: 'We the people': John Locke, collective constitutional right, and standing to challenge government action, Donald L. Doernberg; Political Freedom, James Tully; Locke, sincerity, and the rationality of persecution, Paul Bou-Habib ; Name index.

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Book SynopsisThe law has long been interested in marriage and conjugal cohabitation and in the range of public and private obligations that accrue from intimate living. This collection of classic articles explores that legal interest, while at the same time locating marriage and cohabitation within a range of intimate affiliations. It offers the perspectives of a number of international scholars on questions of how, if at all, our different ways of intimacy ought to be recognised and regulated by law.Table of ContentsContents: Introduction, Alison Diduck. Part I Changing Intimacies - the Theory: On the way to a post-familial family: from a community of need to elective affinities, Elisabeth Beck-Gernsheim; Intimacy transformed? A critical look at the 'pure relationship', Lynn Jamieson. Part II Changing Intimacies - Empirical Research: Why marry? - perceptions of the affianced, Mary Hibbs, Chris Barton and Joanne Beswick; Why don't they marry? Cohabitation, commitment and DIY marriage, Simon Duncan, Anne Barlow and Grace James; Cohabitation and commitment: partnership plans of young men and women, Lynn Jamieson, Michael Anderson, David McCrone, Frank Bechofer, Robert Stewart and Yaojun Li; Marriage and the moral bases of personal relationships, John Eekelaar and Mavis Maclean; The significance of marriage: contrasts between white British and ethnic minority groups in England, Mavis Maclean and John Eekelaar; Regulation of intimacy and love semantics in couples living apart together, Bernadette Bawin-Legros and Anne Gauthier; Cultures of intimacy and care beyond 'the family': personal life and social change in the early 21st century, Sasha Roseneil and Shelley Budgeon. Part III Why Legal Regulation At All?: The Marriage Act 1753: a case study in family law-making, Stephen Parker; Debates and issues regarding marriage and cohabitation in the British and American literature, Jane Lewis; Homosexual rights, Brenda Hale. Part IV Law and Marriage: The case against legal recognition of cohabitation, Ruth L. Deech; Marriage and the good of obligation, Scott Fitzgibbon; Just marriage: on the public importance of private unions, Mary Lyndon Shanley; Contract marriage - the way forward or dead end?, David McLellan; The tide in favour of equality: same-sex marriage in Canada and England and Wales, Wade K. Wright; Why marriage?, Martha Albertson Fineman; Marriage is for heterosexuals - may the rest of us be saved from it, Kenneth McK. Norrie; We will get what we ask for: why legalizi

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Book SynopsisCicero and Modern Law contains the best modern writings on Cicero's major law related works, such as the Republic, On Law, On Oratory, along with a comprehensive bibliography of writings on Cicero's legal works. These works are organized to reveal the influence of Cicero's writings upon the history of legal thought, including St. Thomas, the Renaissance, Montesquieu and the U.S. Founding Fathers. Finally, the articles include discussions of Cicero's influence upon central themes in modern lega thought, including legal skepticism, republicanism, mixed government, private property, natural law, conservatism and rhetoric. The editor offers an extensive introduction, placing these articles in the context of an overall view of Cicero's contribution to modern legal thinking.Table of ContentsContents: Preface; Introduction; Part I Cicero's Life, Predecessors and Works: Introduction to the philosophy of Cicero, Richard McKeon. Part II The Roman Law and Rhetorical Practice: Cicero and the spectacle of power, Andrew J.E. Bell; Cicero and the defining of the Ius Civile, Jill Harries. Part III Cicero's Works: Rhetoric: De Oratore and the development of Controversia, Michael Mendelson. De Republica: The Overall Structure: A new kind of model: Cicero's Roman constitution in De Republica, Elizabeth Asmis; The Nature of Res Publica: Cicero's definition of Res Publica, Malcolm Schofield; Natural Law: The philosophical foundation of Roman law: Aristotle, the Stoics and Roman theories of natural law, John R. Kroger; Mixed Government: The theory of the mixed constitution in Rome, Andrew Lintott; Property: The economic dimension of Cicero's political thought: property and state, Neal Wood. De Legibus: Original elements in Cicero's ideal constitution, C.W. Keyes. De Officiis: 'Domina et regina virtutum': justice and societas in De Officiis, E.M. Atkins. Part IV Cicero's Method of Thought: Philosophic method in Cicero, Michael J. Buckley; Invention, Walter Watson. Part V The Collapse of the Republic and the Death of Cicero: The federalist and the lessons of Rome, Louis J. Sirico Jr. Part VI Cicero's Influence in Western Civilization: The Stoic origin of natural rights, Philip Mitsis. Part VII Cicero and Modern Political, Legal and Rhetorical Ideals: Republicanism: Republicanism: the career of a concept, Daniel T. Rodgers; Republicanism, liberalism and the law, Mortimer Sellars, Liberalism and republicanism, Philip Pettit; Rhetoric: Graeco-Roman rhetoric: the canon and its history, Michael Frost; Name Index.

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Book SynopsisThere has been a huge upsurge in Hume research over the past thirty years. However, one area that has not received its due share of attention is David Hume's legal thought where the research has been fragmented and often un-championed. This volume - the first collection of essays in English to focus on Hume's legal ideas - celebrates the diversity of Hume's contributions to jurisprudence. Topics are as varied as legal causation, theories of punishment and of property, contract, and legal obligation. Hume's notorious assertion of the artificiality of justice is discussed and the articles are supplemented by a bibliography of law-related articles on Hume. The juxtaposing of these topics brings out the - often unappreciated - coherence of the theory that underlies them, anchoring law firmly in Hume's overall epistemology and empiricist methodology. Hume's key insight that law and legal institutions develop contextually but naturally from conventions, driven by the human condition, is a particularly modern one. And it is one, as these essays reveal, that opens up a huge potential for further research - by philosophers, social scientists, and jurists.Table of ContentsContents: Introduction; Part I Law and Legal Theory: David Hume and the 18th-century conception of natural law, Philip Milton; David Hume and the empiricist theory of law, Sheldon Wein; David Hume's legal theory: the significance of general laws, Neil McArthur; The place of Hume in the history of jurisprudence, Alfons Beitzinger. Part II Justice: Origins: David Hume and justice, Ian F.G. Baxter; Hume and Rawls on the circumstances and priority of justice, Andrew Lister; Obligation: Legal obligation in Hume, Luigi Bagolini; Hume's reply to the Sensible Knave, Gerald J. Postema; Hume's Knave and the interests of justice, Jason Baldwin; Content and Scope of Justice: From order to justice, Russell Hardin; Rule-utilitarianism and Hume's theory of justice, Alistair Macleod; Hume on justice to animals, Indians and women, Arthur Kuflik. Part III Property: Hume's theory of property, George E. Panichas; Property and possession: two replies to Locke - Hume and Hegel, Christopher J. Berry; The advantages and difficulties of the Humean theory of property, Jeremy Waldron. Part IV Contract: Promises: Rules, rights and promises, G.E.M. Anscombe; Promises, promises, promises, Annette Baier. Part V Law and Government: including social contract: Hume and Kant on the social contract, Jeffrie G. Murphy; Hume and contractarianism, Frederick G. Whelan; The shackles of virtue: Hume on allegiance to government, Rachel Cohon; Hume and the future of the society of nations, R.J. Glossop. Part VI Liberty: The preservation of liberty, Nicholas Capaldi. Part VII Causation: Philosophical preliminaries, H.L.A. Hart and Tony Honoré. Part VIII Responsibility and Punishment: Character, purpose, and criminal responsibility, Michael D. Bayles; Hume on responsibility and punishment, Paul Russell; Hume on punishment, A. Wesley Cragg; To exclude or not to exclude improperly obtained evidence: is a Humean approach more helpful?, James Allan; Name index.

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Book SynopsisThis collection of previously published work on security and rights focuses on the appropriate relationship between rights and what we can think of as counterterrorism policy. Such a focus might seem both necessary, because of 9/11, and unfortunate, because there are other causes of insecurity besides terrorism. However, the intensity of the 'war on terror' has created an ongoing surge of scholarship on the relationship between security and human rights that either has indirect implications for debates about security where terrorism is not in issue, or has directly led to an attempt to rethink more generally the idea of security and its relationship to rights.Trade Review'...the book makes available many of the key writings in this field, it is to be warmly welcomed.' Commonwealth Lawyer '...this is a most important book. It brings to the table some of the greatest thinkers on the subject of civil rights and security.' The Criminal LawyerTable of ContentsContents: Introduction; Part I The Image of Balance: Security and liberty: the image of balance, Jeremy Waldron; Emergencies, tradeoffs, and deference, Eric A. Posner and Adrian Vermeule. Part II Institutional Models: The Emergency Constitution: This is not a war, Bruce Ackerman; The priority of morality: the emergency constitution's blind spot, David Cole; Weak Constitutionalism: Minimalism at war, Cass R. Sunstein; Strong Constitutionalism: Securing liberty in the face of terror: reflections from criminal justice, Lucia Zedner; Must we trade rights for security? The choice between smart, harsh, or proportionate security strategies in Canada and Britain, Kent Roach; Keeping control of terrorists without losing control of constitutionalism, Clive Walker; Equality in the war on terror, Neal Katyal. Part III Civilizing Security?: World citizens between freedom and security, Klaus Günther; The cultural lives of security and rights, Ian Loader and Neil Walker; Name Index.

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Book SynopsisThe last few years have witnessed several significant developments in respect of international organizations, most of which are best encapsulated in the word change. In particular, international organizations have moved from their traditional role of facilitator of the activities of their members, to that of director of their own activities. As a result, there is increased scrutiny over issues relating to the governance, control, accountability and the privileges and immunities of international organizations. These subjects are all the focus of this book. Edward Kwakwa has collected together the best published work by leading authorities in the field on subjects of crucial importance and relevance to international organizations, particularly in the context of today's ever-increasing globalization. This book is of interest to scholars and students of law, as well as government and non-government practitioners and international civil servants.Table of ContentsContents: Introduction: Part I General and Conceptual Issues: International organizations: then and now, José E. Alvarez; The law of international organizations: a subject which needs exploration and analysis, C.F. Amerasinghe; International institutions today: an imperial global state in the making, B.S. Chimni. Part II Governance, Constitutional Reform and Accountability: Governance and accountability: the regional development banks, Enrique R. Carrasco, Wesley Carrington and HeeJin Lee; Representation and power in international organization: the operational constitution and its critics, Jacob Katz Cogan; Constitutionalism lite, Jan Klabbers; The Bustani case before the ILOAT: constitutionalism in disguise?, Jan Klabbers. Part III Privileges and Immunities: Privileges and immunities of United Nations officials, Anthony J. Miller; In the shadow of Waite and Kennedy: the jurisdictional immunity of international organizations, the individual's right of access to courts and administrative tribunals as alternative means of dispute settlement, August Reinisch and Ulf Andreas Weber. Part IV Norm-Making: Law-making through the operational activities of international organizations, Ian Johnstone; Some comments on rule-making at the World Intellectual Property Organization, Edward Kwakwa. Part V Development: The World Intellectual Property Organization and the development agenda, Christopher May; International trade for development: the WTO as a development institution?, Asif H. Qureshi; The WTO, global governance and development, Supachai Panitchpakdi; Name index.

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Book SynopsisOver the last 300 years public international law has developed from a set of principles, ultimately grounded in natural law, into an extremely complex web of norms, supporting and sustained by an array of international institutions which, in combination, present a system for the realisation of global public order. These volumes, arranged into five parts, bring together key writings which both illustrate and exemplify ideas that have informed the historical development of the discipline. The first part outlines three approaches, based on systems of natural laws, positivist systems and finally the system of 'public' international order. Parts two to four reflect aspects of the issues raised in this introduction in the context of a number of key areas of substantive law, these being sources, personality and jurisdiction and immunity. The final part then takes a look into the potential futures of international law and the international legal system from a variety of perspectives, including global administrative law, transgovernmentalism and public law conceptions of international order.

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Book SynopsisThis volume features the leading contemporary articles that are part of, or related to, the ''new masculinities'' approach in this sphere. These comprise an impressive range of theoretical and empirical work including important cultural and ethnographic analyses. They emphasise the relationship between masculinities, the causes and patterns of most criminal offending and victimisation and the broader workings of the wider criminal justice system of policing (public and private), criminal courts, corrections and prisons. All of the material has been selected from flagship international journals and was produced by a global mix of male and female researchers with diverse disciplinary backgrounds. These scholars share the view that masculinities are plural, socially constructed, reproduced in the collective social practices of different men and embedded in institutional and occupational settings. Furthermore, masculinities are intricately linked with social struggles for power that occur Table of ContentsContents: Series preface; Introduction; Part I Theoretical Perspectives: Daubing the drudges of fury: men, violence, and the piety of the 'hegemonic masculinity' thesis, Steve Hall; Subordinating hegemonic masculinity, Tony Jefferson; On hegemonic masculinity and violence: response to Jefferson and Hall, R.W. Connell; Making bodies matter: adolescent masculinities, the body and varieties of violence, James W. Messerschmidt; After Dunblane: crime, corporeality and the (hetero-)sexing of the bodies of men, Richard Collier. Part II The Spectrum of Masculine Crime: Culture, masculinities and violence against women, Joachim Kersten; Assault on men: masculinity and male victimization, Elizabeth A. Stanko and Kathy Hobdell; Enacting masculinity: anti-gay violence and group rape as participatory theater, Karen Franklin; Situational construction of masculinity among male street thieves, Heith Copes and Andy Hochstetler; Managing to kill: masculinities and the space shuttle Challenger explosion, James W. Messerschmidt; Criminal careers, desistance and subjectivity: interpreting men's narratives of change, David Gadd and Stephen Farrell. Part III Cultural and Ethnographic Analyses: Masculinity and heroism in the Hollywood 'blockbuster': the culture industry and contemporary images of crime and law, Richard Sparkes; In search of the high life: drugs, crime, masculinities and consumption, Mike Collison; In search of masculinity: violence, respect and sexuality among Puerto Rican crack dealers in East Harlem, Philippe Bourgois; 'Boozers and bouncers': masculine conflict, disengagement and the contemporary governance of drinking-related violence and disorder, Stephen Tomsen; Hard men, shop boys and others: embodying competence in a masculinist occupation, Lee F. Monaghan; 'Ducktails, flick-knives and pugnacity': subcultural and hegemonic masculinities in South Africa, 1948-1960, Katie Mooney. Part IV Criminal Justice Settings: 'There oughtta be a law against bitches': masculinit

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Book SynopsisThe erstwhile unlikely coupling of human rights and corporations is now a typical feature of corporate/community relations. High-profile corporate infringements of human rights, the rise and rise of corporate social responsibility (CSR) and on-going efforts to regulate corporate behaviour through legal regimes, at both domestic and international levels, have spawned a mountain of academic literature and commentary. This volume assembles the leading essays from this body of work. Together they frame the relationship between human rights and corporations by charting its history and salient features; tackle the conceptual perspectives of the relationship and detail the practice, problems and potential of the relationship.Trade Review'...provides a very useful service to the field, by compiling some of the best recent work on the human rights obligations of corporations.' Law and Politics Book ReviewTable of ContentsContents: Introduction; Part I Framing the Relationship: Human rights and multinationals: is there a problem?, Peter Muchlinski; The amorality of profit: transnational corporations and human rights, Beth Stephens; Human rights codes for transnational corporations: what can the Sullivan and MacBride principles tell us?, Christopher McCrudden; Business and human rights, David Weissbrodt; Multinational corporations and the ethics of global responsibility: problems and possibilities, Mahmood Monshipouri, Claude E. Welch Jr and Evan T. Kennedy; Human rights: the emerging norm of corporate social responsibility, Claire Moore Dickerson. Part II Conceptual Perspectives: Protecting human rights in a globalized world, Dinah Shelton; Corporations and human rights: a theory of legal responsibility, Steven R. Ratner; Meta-regulation: legal accountability for corporate social responsibility, Christine Parker. Part III Practice, Problems and Potential: The sangam of foreign investment, multinational corporations and human rights: an Indian perspective for a developing Asia, Surya Deva; The UN human rights norms for corporations: the private implications of public international law, David Kinley and Rachel Chambers; Engage, embed, and embellish: theory versus practice in the corporate social responsibility movement, John M. Conley and Cynthia A. Williams; Separating myth from reality about corporate responsibility litigation, Harold Hongju Koh; The interface between globalisation, corporate responsibility and the legal profession, Halina Ward; Index.

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Book SynopsisInternational law has important effects in international relations, and the politics of international relations often determines the ability of states to make international law and to comply with international law. So, it is strange that the academic disciplines of international law and international politics have often used separate analytical tools, have often seen the world of international relations differently, and have often been concerned with different problems. This volume brings together the leading scholarly works seeking to define the relationship between the analytical tools of international law and international politics, and seeking to integrate these tools. This volume shows the ways in which these disciplines can be harnessed together to provide a more complete and effective analysis of international problems.Table of ContentsContents: Introduction; Part I Two Disciplines or One? Theory and Method: International organization: a state of the art on an art of the state, Friedrich Kratochwil and John Gerard Ruggie; Modern international relations theory: a prospectus for international lawyers, Kenneth W. Abbott; International relations and international law: 2 optics, Robert O. Keohane; International law and international relations: together, apart, together?, Stephen D. Krasner. Part II How, When and How Much Does International Law Affect State Behavior?: a) Realism: Positivism, functionalism, and international law, Hans J. Morgenthau; Is the good news about compliance good news about cooperation?, George W. Downs, David M. Rocke and Peter N. Barsoom; b) Rationalism: Political economy and international institutions, Duncan Snidal; The concept of legalization, Kenneth W. Abbott, Robert O. Keohane, Andrew Moravcsik, Anne-Marie Slaughter and Duncan Snidal; The customary international law game, George Norman and Joel P. Trachtman; c) Constructivism/Sociological Institutionalism: On compliance, Abram Chayes and Antonia Handler Chayes; The institutional dynamics of international political orders, James G. March and Johan P. Olsen; International norm dynamics and political change, Martha Finnemore and Kathryn Sikkink. Part III Under What Circumstances and in What Form Will Treaties be Made?: Bargaining, enforcement and international cooperation, James D. Fearon; A theory of full international cooperation, Scott Barrett; The laws of war, common conjectures and legal systems in international politics, James D. Morrow; The rational design of international institutions, Barbara Koremenos, Charles Lipson and Duncan Snidal. Part IV What is the Role of International Adjudication?: The European Court of Justice, national governments, and legal integration in the European Union, Geoffrey Garrett, R. Daniel Kelemen and Heiner Schulz; The politics of dispute settlement design: explaining legalism in regional trade pacts, James McCall Smith; Judicial lawmaking at the WTO: discursive, constitutional, and political constraints, Richard H. Steinberg. Part V How is Empirical Analysis Used?: International law and state behavior: commitment and compliance in international monetary affairs, Beth A. Simmons; Name index.

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Book SynopsisGlobalization and attendant modernization has increased both the supply and the demand for drugs around the world. Drug abuse is no longer the concern of only the developed world. Countries without histories of drug use, particularly developing countries, are now reporting problems of abuse because they have become transit points for international drug trafficking. Because the problem is now worldwide, a global strategy is needed for identifying, analyzing and developing strategies to deal with drug abuse and the associated problems for health and safety. This volume reviews the international status of drug abuse. Specific topics covered include drug abuse in the developing world, emerging drugs and poly drug use; gateway drugs, cultural views of drug use and state of the art methodologies employed in research on drug abuse.Table of ContentsContents: Introduction; Part I Drug Abuse in the Developing World: Reawakening the dragon: changing patterns of opiate use in Asia, with particular emphasis on China's Yunnan Province, Clyde B. McCoy, H. Virginia McCoy, Shenghan Lai, Zhinuan Yu, Xue-ren Wang and Jie Meng; Factors associated with recent-onset injection drug use among drug users in Pakistan, Irene Kuo, Salman Ul-Hasan, Tariq Zafar, Noya Galai, Susan G. Sherman and Steffanie A. Strathdee; Review of injection drug use in 6 African countries: Egypt, Kenya, Mauritius, Nigeria, South Africa and Tanzania, Sarah Dewing, Andreas Plüddemann, Bronwyn J. Myers and Charles D.H. Parry; Substance abuse among Czech adolescents: an overview of trends in the international context, Ladislav Csemy, Pavla Lejèková and Petr Sadílek; Trends in production, trafficking, and consumption of methamphetamine and cocaine in Mexico, Kimberley C. Brouwer, Patricia Case, Rebeca Ramos, Carlos Magis-Rodríguez, Jesus Bucardo, Thomas L. Patterson and Steffanie A. Strathdee; Ecstasy use in South Africa: findings from the South African community epidemiology network on drug use (SACENDU) project (January 1997-December 2001), Andreas Plüddemann, Charles D.H. Parry, Bronwyn Myers and Arvin Bhana; Household survey on drug abuse in Brazil: study involving 107 major cities of the country - 2001, José Carlos F. Galduróz, Ana Regina Noto, Solange A. Nappo and E.A. Carlini. Part II The Emergence of New Drugs and Poly Drug Use: The prevalence of methamphetamine and amphetamine abuse in North America: a review of the indicators, 1992-2007, Jane Carlisle Maxwell and Beth A. Rutkowski; Concurrent use of methamphetamine, MDMA, LSD, ketamine, GHB and flunitrazepam among American youths, Li-Tzy Wu, William E. Schlenger and Deborah M. Galvin; Towards an explanation of subjective ketamine experiences among young injection drug users, Stephen E. Lankenau, Bill Sanders, Jennifer Jackson Bloom and Dodi Hathazi; Illicit opioid use and its key

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Book SynopsisThis volume deals with questions of political and constitutional principle and theory that affect the law and regulation of content in new media that are based on digital technology. In the light of convergence between different forms of communication, it examines whether the justifications for government intervention in traditional analogue broadcasting and programme delivery continue to be persuasive. The essays examine in general whether new approaches to freedom of expression are required in the digital era and whether there is a continued role for public service broadcasting or its equivalent. They also explore content standards in more detail, discussing arguments for and against regulation in the areas of beliefs, indecency and advertising and whether there is a case for the European Union''s measures to secure Television without Frontiers.Trade Review'This collection provides an insight into how the logic of the new media will ultimately compel the law.' Law Society JournalTable of ContentsContents: Introduction; Part I Free Speech and Converged Media: Freedom of the press and public access: toward a theory of partial regulation of the mass media, Lee C. Bollinger; Broadcasting and speech, Jonathan Weinberg; Converging 1st Amendment principles for converging communications media, Thomas G. Krattenmaker and L.A. Powe Jr; Digital speech and democratic culture: a theory of freedom of expression for the information society, Jack M. Balkin; Media freedom and political debate in the digital era, Jacob Rowbottom. Part II Public Service Broadcasting: Culture and consumerism: citizenship, public service broadcasting and the BBC's fair trading obligations, Georgina Born and Tony Prosser; European controls on member state promotion and regulation of public service broadcasting and broadcasting standards, Mike Varney; A marketplace approach to broadcast regulation, Mark S. Fowler and Daniel L. Brenner. Part III Content Standards: a) Beliefs: You can't say 'God' on the radio: freedom of expression, religious advertising and the broadcast media after Murphy v. Ireland, Andrew Geddis; 'A monstrous and unjustifiable infringement'? Political expression and the broadcasting ban on advocacy advertising, Andrew Scott; b) Indecency: The newness of new technology, Monroe E. Price; Beyond Madison? The US Supreme Court and the regulation of sexually explicit expression, Ian Cram; c) Content Regulation in the European Community: The revised television without frontiers directive: is it fit for the next century?, Berend Jan Drijber; Media convergence and the regulation of audiovisual content: is the European Community's Audio visual Media Services Directive fit for purpose? Rachel Craufurd Smith; d) Advertising: The value of commercial speech, Colin R. Munro; Name index.

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Book SynopsisHealth Rights is a multidisciplinary collection of seminal papers examining ethical, legal, and empirical questions regarding the human right to health or health care. The volume discusses what obligations health rights entail for governments and other actors, how they relate to and potentially conflict with other rights and values, and how cultural diversity bears on the formulation and implementation of health rights. The paramount importance of such questions is illustrated, among other things, by the catastrophic health situation in developing countries and current debates about the TRIPS Agreement and health care reform in the United States. The volume is divided into five main parts which focus on philosophical questions about the bases for the right to health or health care; links between health and human rights; global bioethics and public health ethics; intellectual property rights in pharmaceuticals; and finally health rights issues arising in specific contexts such as HIV/Trade Review'Selgelid’s and Pogge’s collection leads a well structured path through the complex matter of the foundations of health rights and the practical complexities that are encountered in their realization. Health Rights offers a useful and balanced insight into a debate that is philosophically and politically challenging, and ethically indispensable.' Medicine, Health Care and PhilosophyTable of ContentsContents: Introduction; Part I Philosophical Bases for the Right to Health and/or Healthcare: Equality and rights in medical care, Charles Fried; The right to health and the right to health care, Tom L. Beauchamp and Ruth R. Faden; Rights to health care and distributive justice: programmatic worries, Norman Daniels; The right to a decent minimum of health care, Allen E. Buchanan; Broadening the bioethics agenda, Dan W. Brock; The dark side of human rights, Onora O'Neill; Exploring the philosophical foundations of the human rights approach to international public health ethics, Kristen Hessler. Part II Links Between Health and Human Rights: Health and human rights, Jonathan M. Mann, Lawrence Gostin, Sofia Gruskin, Troyen Brennan, Zita Lazzarini and Harvey Fineberg; Health and human rights, Sofia Gruskin and Daniel Tarantola. Part III Global Bioethics and Public Health Ethics: Human rights, Stephen P. Marks; Medicine and public health, ethics and human rights, Jonathan M. Mann; Bioethics and international human rights, David C. Thomasma; Global disparities in health and human rights: a critical commentary, Solomon R. Benatar; The lingua franca of human rights and the rise of a global bioethic, Lori P. Knowles; New malaise: bioethics and human rights in the global era, Paul Farmer and Nicole Gastineau Campos; Improving global health: counting reasons why, Michael J. Selgelid. Part IV Intellectual Property Rights in Pharmaceuticals: Patents and medicines: the relationship between TRIPS and the human right to health, Philippe Cullet; Affordable access to essential medication in developing countries: conflicts between ethical and economic imperatives, Udo Schüklenk and Richard E. Ashcroft; Patents and access to drugs in developing countries: an ethical analysis, Sigrid Sterckx; Medicines for the world: boosting innovation without obstructing free access, Thomas Pogge. Part V Health Rights in Context: HIV/AIDS, Tuberculosis, and Gender: Human rights and public health ethics: responding to the global HIV/AIDS pandemic, Jonathan Cohen, Nancy Kass and Chris Beyrer; Structural barriers and human rights related to HIV prevention and treatment in Zimbabwe, J.J. Amon and T. Kasambala; Tuberculosis control and directly observed therapy from the public health/human rights perspective, A.K. Hurtig, J.D.H. Porter and J.A. Ogden; Gender, health and human rights, Rebecca J. Cook; The incompatibility of the United Nations' goals and conventionalist ethical relativism, Loretta M. Kopelman; Name index.

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Book SynopsisThis volume brings together leading research articles in to the theory, research findings and applications of modern dispute resolution. The articles relate to a wide variety of settings and cover the primary processes of negotiation, mediation and arbitration, as well as exploring combinations and hybridization of those processes. Also included are articles on the search for ''value-added'' or ''pie-expanding'' creative solutions; the choosing of strategies, based on game theory, economics and social and cognitive psychology; how foundational theories have been altered or modified, depending on contexts, and numbers of parties and issues; and what issues are raised by the ''privatization of justice''. The articles span both the ''science'' and ''art'' of dispute resolution, consider the relationship of peace to justice and include both empirical (descriptive) and normative (prescriptive) assessments of how these processes of dispute resolution function.Table of ContentsContents: Introduction; Part I Foundations of Negotiation Theory and Practice: Toward another view of legal negotiation: the structure of problem solving, Carrie Menkel-Meadow; Chronicling the complexification of negotiation theory and practice, Carrie Menkel-Meadow; Why negotiations fail: an exploration of barriers to the resolution of conflict, Robert H. Mnookin; Shattering negotiation myths: empirical evidence on the effectiveness of negotiation style, Andrea Kupfer Schneider; When not to negotiate: a negotiation imperialist reflects on appropriate limits, Robert H. Mnookin; Machiavelli and the Bar: ethical limitations on lying in negotiation, James J. White; Negotiating with lawyers, men and things: the contextual approach still matters, Carrie Menkel-Meadow; Let's not make a deal: an empirical study of decision making in unsuccessful settlement negotiations, Randall L. Kiser, Martin A. Asher and Blakeley B. McShane. Part II Foundations of Mediation Theory and Practice: Mediation - its form and functions, Lon L. Fuller; Post-settlement settlements, Howard Raiffa; The many ways of mediation: the transformation of traditions, ideologies, paradigms, and practices, Carrie Menkel-Meadow; Mediation as parallel seminars: lessons from the student takeover of Columbia University's Hamilton Hall, Carol B. Liebman; Lawyers' representation of clients in mediation: using economics and psychology to structure advocacy in nonadversarial settings, Jean R. Sternlight; Mediator orientations, strategies and techniques, Leonard L. Riskin; Family mediation: the development of the regulatory framework in the United Kingdom, Marian Roberts; Nature preserve: the loop of understanding, Gary Friedman and Jack Himmelstein; Lawyer negotiations: theories and realities - what we learn from mediation, Carrie Menkel-Meadow; Environmental mediation and the accountability problem, Lawrence Susskind. Part III Foundations and Issues in Arbitration and Hybrid Processes: Is the US out on a limb? Comparing the US approach to mandatory consumer and employment arbitration to that of the rest of the world, Jean R. Sternlight; Pursuing settlement in an adversary culture: a tale of innovation co-opted or 'the law of ADR', Carrie Menkel-Meadow; Part IV Coda: Coda; Name index.

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Book SynopsisIn recent years, the changing nature of audiovisual services has had a significant impact on regulatory policy and practice. The adoption of digital technology means that broadcasting, cable, satellite, the Internet and mobile telephony are converging, enabling each of them to deliver the same kinds of content and allowing users to exercise much greater choice over the kind of material that they receive and when they receive it. The essays examine the implications for regulatory design, asking whether there is still a role for traditional-style state controls, or whether other techniques, such as competition in the market and self-regulation, are more appropriate. They also explore how, in the digital era, structural issues of media ownership and control become problems of access and interconnection between services and how content regulation focuses more on problems raised by the interactions between providers and users, the relationship between freedom of information and technologiesTable of ContentsContents: Introduction; Part I Convergence and Regulation: New challenges for European multimedia policy: a German perspective, Wolfgang Hoffmann-Riem; Regulatory convergence? Douglas W. Vick. Part II Techniques of Regulation: Television and the public interest, Cass R. Sunstein; Self regulation and the media, Angela J. Campbell; Controlling the new media: hybrid responses to new forms of power, Andrew Murray and Colin Scott; Shielding children: the European way, Michael D. Birnhack and Jacob H. Rowbottom. Part III Structural Regulation: Media Concentration and Ownership: Rethinking European Union competence in the field of media ownership: the internal market, fundamental rights and European citizenship, Rachael Craufurd Smith; The goal of pluralism and the ownership rules for private broadcasting in Germany: re-regulation or de-regulation? Peter Humphreys; Architectural censorship and the FCC, Christopher S. Yoo; Media structure, ownership policy, and the 1st Amendment, C. Edwin Baker; Control over technical bottlenecks - a case for media ownership law?, Thomas Gibbons. Part IV Issues in Regulating New Media: The regulation of interactive television in the United States and the European Union, Hernan Galperin and François Bar; The 'right to information' and digital broadcasting: about monsters, invisible men and the future of European broadcasting regulation, Natali Helberger; Access to content by new media platforms: a review of the competition law problems, Damien Geradin; Television as something special? Content control technologies and free-to-air TV, Andrew T. Kenyon and Robin Wright; Yahoo! Cyber-collision of cultures: who regulates?, Horatia Muir Watt; Spectrum auctions: yesterday's heresy, today's orthodoxy, tomorrow's anachronism: taking the next step to open spectrum access, Eli Noam; Spectrum flash dance: Eli Noam's proposal for 'open access' to radio waves, Thomas W. Hazlett; Name Index.

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