Law

This book provides an ideal introduction for anyone wondering whether to study law or those who are simply curious to know more about it. It is not confined to English law, but deals with the Western tradition of law as a whole. It outlines the key problems of constitutional law and the law of property, contracts, treaties, crimes and torts. It also explains the importance of law of forms, procedures, and interpretation and examines how law relates to government, history, and justice. In this way it vividly brings out the intellectual and practical fascination of the subject. The book is easy to read and the chapters are self-contained. Where possible, technical terms are avoided. When unavoidable, they are explained both in the text and in a glossary at the end of the book. The author is a leading lawyer, legal historian, and legal philosopher. During his career in Oxford he taught many hundreds of students and it is from this experience that the book is drawn.

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The financial crisis of 2007-9 revealed serious failings in the regulation of financial institutions and markets, and prompted a fundamental reconsideration of the design of financial regulation. As the financial system has become ever-more complex and interconnected, the pace of evolution continues to accelerate. It is now clear that regulation must focus on the financial system as a whole, but this poses significant challenges for regulators. Principles of Financial Regulation describes how to address those challenges. Examining the subject from a holistic and multidisciplinary perspective, Principles of Financial Regulation considers the underlying policies and the objectives of regulation by drawing on economics, finance, and law methodologies. The volume examines regulation in a purposive and dynamic way by framing the book in terms of what the financial system does, rather than what financial regulation is. By analysing specific regulatory measures, the book provides readers to the opportunity to assess regulatory choices on specific policy issues and encourages critical reflection on the design of regulation.

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Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century, and remains the starting point for most students coming to the subject for the first time. In this third edition, Leslie Green provides a new introduction that sets the book in the context of subsequent developments in social and political philosophy, clarifying misunderstandings of Hart's project and highlighting central tensions and problems in the work.

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The status of the refugee in international law, and of everyone entitled to protection, has ever been precarious, not least in times of heightened and heated debate: people have always moved in search of safety, and they always will. In this completely revised and updated edition, the authors cast new light on the refugee definition, the meaning of persecution, including with regard to gender and sexual orientation, and the protection due to refugees and those affected by statelessness or disasters. They review the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent the arrival of those in search of refuge. Related principles of protection—non-discrimination, due process, rescue at sea, and solutions— are analysed in light of the actual practice of States, UNHCR, and treaty-monitoring bodies. The authors closely examine relevant international standards, and the role of UNHCR, States, and civil society, in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters focus on the evolving rules on nationality, statelessness, and displacement due to disasters and climate change. This expanded edition factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.

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Life imprisonment has replaced capital punishment as the most common sentence imposed for heinous crimes worldwide. As a consequence, it has become the leading issue in international criminal justice reform. In the first global survey of prisoners serving life terms, Dirk van Zyl Smit and Catherine Appleton argue for a human rights–based reappraisal of this exceptionally harsh punishment. The authors estimate that nearly half a million people face life behind bars, and the number is growing as jurisdictions both abolish death sentences and impose life sentences more freely for crimes that would never have attracted capital punishment. Life Imprisonment explores this trend through systematic data collection and legal analysis, persuasively illustrated by detailed maps, charts, tables, and comprehensive statistical appendices.The central question—can life sentences be just?—is straightforward, but the answer is complicated by the vast range of penal practices that fall under the umbrella of life imprisonment. Van Zyl Smit and Appleton contend that life imprisonment without possibility of parole can never be just. While they have some sympathy for the jurisprudence of the European Court of Human Rights, they conclude that life imprisonment, in many of the ways it is implemented worldwide, infringes on the requirements of justice. They also examine the outliers—states that have no life imprisonment—to highlight the possibility of abolishing life sentences entirely.Life Imprisonment is an incomparable resource for lawyers, lawmakers, criminologists, policy scholars, and penal-reform advocates concerned with balancing justice and public safety.

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International law burst on the scene as a new field in the late nineteenth century. Where did it come from? Rage for Order finds the origins of international law in empires—especially in the British Empire’s sprawling efforts to refashion the imperial constitution and use it to order the world in the early part of that century.“Rage for Order is a book of exceptional range and insight. Its successes are numerous. At a time when questions of law and legalism are attracting more and more attention from historians of 19th-century Britain and its empire, but still tend to be considered within very specific contexts, its sweep and ambition are particularly welcome…Rage for Order is a book that deserves to have major implications both for international legal history, and for the history of modern imperialism.”—Alex Middleton, Reviews in History“Rage for Order offers a fresh account of nineteenth-century global order that takes us beyond worn liberal and post-colonial narratives into a new and more adventurous terrain.”—Jens Bartelson, Australian Historical Studies

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With the growth of international business and the rise of companies with subsidiaries around the world, the question of where a company should file bankruptcy proceedings has become increasingly complicated. Today, most businesses are likely to have international trading partners, or to operate and hold assets in more than one country. To execute a corporate restructuring or liquidation under several different insolvency regimes at once is an enormous and expensive challenge. With International Bankruptcy, Jodie Adams Kirshner explores the issues involved in determining which courts should have jurisdiction and which laws should apply in addressing problems within. Kirshner brings together theory with the discussion of specific cases and legal developments to explore this developing area of law. Looking at the key issues that arise in cross-border proceedings, International Bankruptcy offers a guide to this legal environment. In addition, she explores how globalization has encouraged the creation of new legal practices that bypass national legal systems, such as the European Insolvency Framework and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law. The traditional comparative law framework misses the nuances of these dynamics. Ultimately, Kirshner draws both positive and negative lessons about regulatory coordination in the hope of finding cleaner and more productive paths to wind down or rehabilitate failing international companies.

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The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges may face in court. Each of the book's fourteen chapters examines a component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights and reviews the case law of regional human rights courts, international criminal courts as well as UN human rights bodies. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides an invaluable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.

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This new and fully updated edition of Principles of International Environmental Law offers a comprehensive and critical account of one of the fastest growing areas of international law: the principles and rules relating to environmental protection. Introducing the reader to the key foundational principles, governance structures and regulatory techniques, Principles of International Environmental Law explores each of the major areas of international environmental regulation through substantive chapters, including climate change, atmospheric protection, oceans and freshwater, biodiversity, chemicals and waste regulation. The ever-increasing overlap with other areas of international law is also explored through examination of the inter-linkages between international environmental law and other areas of international regulation, such as trade, human rights, humanitarian law and investment law. Incorporating the latest developments in treaty and case law for key areas of environmental regulation, this text is an essential reference and textbook for advanced undergraduate and postgraduate students, academics and practitioners of international environmental law.

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Rome was the law-giver for much of the modern world. She was also the greatest military power of antiquity, operating her military organization with remarkable efficiency and effectiveness throughout most of the then-known world. In view of the importance of both the legal and military aspects of the Roman Empire, an account of their combination in a system of disciplinary control for the Roman armies is of considerable significance to historians in both fields—and, in fact, to scholars in general. In Roman Military Law, C. E. Brand describes this system of control. Since a characterization of such a system can be made most meaningful only against a background of Roman constitutional government and in the light of ideologies current at the time, Brand follows his initial “Note on Sources” with a sketch of the contemporary Roman scene. This first section includes a discussion of the Roman constitution and an examination of Roman criminal law. The history of Rome, as a republic, principate, and empire, extended over a period of a thousand years, so any attempt to represent a generalized picture must be essentially a matter of extraction and condensation from the voluminous literature of the whole era. Nevertheless, from the fantastic evolution that is the history of Rome, Brand has been able to construct a more or less static historical mosaic that may be considered typically “Roman.” This comes into sharpest focus during the period of the Punic Wars, when the city and its people were most intensely Roman. The picture of the Roman armies is set into this basic framework, in chapters dealing with military organization, disciplinary organization, religion and discipline, and offenses and punishments. The final section of the book considers briefly the vast changes in Roman institutions that came about under the armies of the Empire, and then concludes with the Latin text and an English translation of the only known code of Roman military justice, promulgated sometime during the later Empire, preserved in Byzantine literature, and handed down to medieval times in Latin translations of Byzantine Greek law, which it has heretofore been confused.

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Over the last quarter of a century a new system of global criminal justice has emerged. But how successful has it been? Are we witnessing a new era of cosmopolitan justice or are the old principles of victors’ justice still in play? In this book, Daniele Archibugi and Alice Pease offer a vibrant and thoughtful analysis of the successes and shortcomings of the global justice system from 1945 to the present day. Part I traces the evolution of this system and the cosmopolitan vision enshrined within it. Part II looks at how it has worked in practice, focusing on the trials of some of the world’s most notorious war criminals, including Augusto Pinochet, Slobodan Milošević, Radovan Karadžić, Saddam Hussein and Omar al-Bashir, to assess the efficacy of the new dynamics of international punishment and the extent to which they can operate independently, without the interference of powerful governments and their representatives. Looking to the future, Part III asks how the system’s failings can be addressed. What actions are required for cosmopolitan values to become increasingly embedded in the global justice system in years to come?

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At a critical time for the identity and policy direction of the EU, this Handbook examines the dynamics behind the development of the Common Foreign and Security Policy (CFSP) and the Common Security and Defence Policy (CSDP). The Handbook includes chapters from renowned scholars that examine the efficacy and visibility of the EU as a diplomatic, military and civilian actor in a turbulent world. The authors? original contributions address the impact that existing frameworks, structures and procedures have on the effectiveness of the EU as an international actor and consider the legal challenges to the EU's integrated approach to external action. The Research Handbook on the EU?s Common Foreign and Security Policy brings together scholars from different areas of law (EU and international law) and from the political science field. The interdisciplinary approach makes it essential reading for scholars of law, political science and international relations. Policymakers and all those with an interest in the workings of the EU?s legal services will also find this an insightful resource.Contributors include: S. Blockmans, M. Broberg, M.E. Cañamares, M. Cremona, A. de Ruijter, E. Denza, H. Dijkstra, S. Duke, C. Eckes, D. Fiott, J. Heliskoski, C. Hillion, A.E. Juncos, U. Khaliq, J. Klabbers, T. Konstadinides, P. Koutrakos, D. Mantzari, S. Marquardt, J. Odermatt, A. Ott, A. Skordas, G. Van Der Loo, P. Van Elsuwege, R.A. Wessel

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There are two kinds of knowledge law school teaches: legal rules on the one hand and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In "The Legal Analyst", Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law. From classic ideas in game theory such as the "Prisoner's Dilemma" and the "Stag Hunt" to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth's guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples. "The Legal Analyst" is an indispensable user's manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.

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In the early 1990s, sympathetic juries awarded huge damages to women claiming injury from silicone breast implants, leading to a $4.25 billion class-action settlement that still wasn’t large enough to cover all the claims. Shockingly, rigorous scientific studies of breast implants have now shown that there is no significant link between breast implants and disease. Why were the courts and the public so certain that breast implants were dangerous when medical researchers were not? The answer to this question reveals important differences in the way science, the law, and the public regard evidence—and not just in the breast implant controversy.

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Recreational boating presents more than its fair share of legal hazards. An unsuspecting buyer may discover too late that the yacht is encumbered by secret maritime liens incurred by a previous owner. A marine insurer may deny coverage for a total loss based on a seemingly innocent misrepresentation in the insurance application. A boat owner may mistakenly believe that a rescue from a grounding is covered by a prepaid towage plan, when in fact the rescuer will be making a very expensive claim for marine salvage. These and other dilemmas unique to maritime law appear repeatedly in the court decisions relating to recreational boating. This book focuses on those maritime law issues that are most likely to affect the typical recreational boater. It explains the legal concepts in plain language, giving examples from reported cases. Where possible, the author provides practical advice on how to avoid the most-common pitfalls. It is a guide for all those in the recreational boating industry who want a better understanding of maritime law, and even for lawyers looking for a primer in this very specialized area of the law.

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A history of legal emotions in William Blackstone’s England and their relationship to justice William Blackstone’s masterpiece, Commentaries on the Laws of England (1765–1769), famously took the “ungodly jumble” of English law and transformed it into an elegant and easily transportable four-volume summary. Soon after publication, the work became an international monument not only to English law, but to universal English concepts of justice and what Blackstone called “the immutable laws of good and evil.” Most legal historians regard the Commentaries as a brilliant application of Enlightenment reasoning to English legal history. Loving Justice contends that Blackstone’s work extends beyond making sense of English law to invoke emotions such as desire, disgust, sadness, embarrassment, terror, tenderness, and happiness. By enlisting an affective aesthetics to represent English law as just, Blackstone created an evocative poetics of justice whose influence persists across the Western world. In doing so, he encouraged readers to feel as much as reason their way to justice. Ultimately, Temple argues that the Commentaries offers a complex map of our affective relationship to juridical culture, one that illuminates both individual and communal understandings of our search for justice, and is crucial for understanding both justice and injustice today.

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This book is the first to apply the tools of game theory and information economics to advance our understanding of how laws work. Organized around the major solution concepts of game theory, it shows how such well known games as the prisoner’s dilemma, the battle of the sexes, beer-quiche, and the Rubinstein bargaining game can illuminate many different kinds of legal problems. Game Theory and the Law highlights the basic mechanisms at work and lays out a natural progression in the sophistication of the game concepts and legal problems considered.

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Privacy is one of the most important concepts of our time, yet it is also one of the most elusive. As rapidly changing technology makes information increasingly available, scholars, activists, and policymakers have struggled to define privacy, with many conceding that the task is virtually impossible. In this concise and lucid book, Daniel J. Solove offers a comprehensive overview of the difficulties involved in discussions of privacy and ultimately provides a provocative resolution. He argues that no single definition can be workable, but rather that there are multiple forms of privacy, related to one another by family resemblances. His theory bridges cultural differences and addresses historical changes in views on privacy. Drawing on a broad array of interdisciplinary sources, Solove sets forth a framework for understanding privacy that provides clear, practical guidance for engaging with relevant issues. Understanding Privacy will be an essential introduction to long-standing debates and an invaluable resource for crafting laws and policies about surveillance, data mining, identity theft, state involvement in reproductive and marital decisions, and other pressing contemporary matters concerning privacy.

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With over 8,000 terms and expressions, this best-selling dictionary provides clear, concise and fully up-to-date information on all aspects of civil, criminal and commercial law. Fully updated for the new edition, expanded topics include juvenile crime, immigration, anti-terrorism measures, e-crime, family law, police procedure and forensics. Examples and encyclopedic comments help to explain complex terms from British, European and US legal procedure. A recommended text for a number of law courses, this book is ideal for students and all professionals who need to understand legal terminology, especially non-native speakers of English. 'A useful volume for non-lawyers' - Citizens' Advice Bureaux

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Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike. Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation.

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The second edition of this acclaimed and widely-used book has been thoroughly updated in light of, among others, the revised Rules of Procedure of the Boards of Appeal, which entered into force in January 2020. It provides the first detailed understanding of these new rules and their influence on opposition and appeal proceedings. This second edition gives valuable guidance on how to: draft and prosecute patent applications to avoid problems later on in opposition and appeal properly attack or defend a patent react if the patent is amended argue in case of late filings act in oral proceedings. Dealing with all stages of proceedings before the EPO, this book provides fresh insight into how best to act at each stage to successfully complete a case in opposition and appeal, detailing how opposition divisions and boards of appeal approach the cases before them. Experienced practitioners will find that the detailed case law citation adds depth to their knowledge. The 'practical advice' sections and 'example cases' provide patent lawyers and attorneys with invaluable guidance on specific procedural and substantive questions.

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This up-to-date and revised third edition offers a clear and comprehensive overview of the main principles, institutions and procedures related to foreign direct investment and the resolution of disputes. Suitable for both upper-level undergraduate and postgraduate courses on international investment protection, the book is firmly grounded within the wider public international law context. Key Features of the third edition: Incorporates extracts from and analysis of key recent decisions, including David Aven et al v. Costa Rica, Greentech Energy Systems et al v. Italy and Venezuela v. OI European Group Coverage is brought up to date with new discussion of revised investment treaty texts and new court system proposals Balanced and neutral engagement with both normative standards and critiques of the system encourages students to draw their own conclusions Provides concise descriptions of the legal principles followed by extracts from both classic and contemporary cases to enhance understanding of core concepts Contains detailed discussion notes and all new 'Questions to an Expert' to enable further classroom discussion and facilitate critical reflection on complex topics. The concise nature of the book and accessible writing style make this an ideal text for non-specialists and for single semester courses on international investment protection.

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Drawing on the rich historical collections of the British Library - including two original copies of Magna Carta from 1215 - the catalogue brings to life the history and contemporary resonance of this globally important document and features treasured artefacts inspired by the rich legacy of Magna Carta

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The practice of armed conflict has changed radically in the last decade. With eminent contributors from legal, government and military backgrounds, this Research Handbook addresses the legal implications of remote warfare and its significance for combatants, civilians, policymakers and international lawyers.Primarily focused on the legality of all forms of remote warfare, including targeted killings by drone, cyber-attacks, and autonomous weapons, each chapter gives a compelling insight beyond the standard and reactionary criticisms of these technologies. Current assumptions of remote warfare are challenged and discussed from a variety of international perspectives. These include governing the use of force, humanitarian law, criminal law, and human rights law. Contributors consider the essential features of current warfare regulations, and test their strength for controlling these new technologies. Suggestions are made for the future development of law to control the limits of modern remote warfare, with a particular focus on the possibility of autonomous weapons. This is an essential read for academics and students of jus ad bellum, international humanitarian law, criminal law and human rights. Students of political science, governance and military studies will also find this a thought-provoking insight into modern warfare techniques and the complex legal issues they create. Contributors include: W. Banks, G. Corn, E. Crawford, A. Cullen, L. Davies-Bright, G. Gaggioli, R. Geiß, T.D. Gill, R. Heinsch, I.S. Henderson, P. Keane, M. Klamberg, H. Lahmann, J. Liddy, P. Margulies, M.W. Meier, J.D. Ohlin, M. Roorda, J. van Haaster, N. White

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A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.

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Freedom of religion or belief is deeply entrenched in international human rights conventions and constitutional traditions around the world. Article 18 of the Universal Declaration of Human Rights enshrines the right to freedom of thought, conscience, and religion as does the International Covenant on Civil and Political Rights, which the United Nations General Assembly adopted in 1966. A rich jurisprudence on freedom of religion or belief is based on the European Convention on Human Rights, drafted in 1950 by the Council of Europe. Similar regional guarantees exist in the framework of the Organization of American States as well as within the African Union. Freedom of religion or belief has found recognition in numerous national constitutions, and some governments have shown a particularly strong commitment to the international promotion of this right. As Heiner Bielefeldt and Michael Wiener observe, however, freedom of religion or belief remains a source of political conflict, legal controversy, and intellectual debate. In Religious Freedom Under Scrutiny, Bielefeldt and Wiener explore various critiques leveled at this right. For example, does freedom of religion contribute to the spread of Western neoliberal values to the detriment of religious and cultural diversity? Can religious freedom serve as the entry point for antifeminist agendas within the human rights framework? Drawing on their considerable experience in the field, Bielefeldt and Wiener provide a typological overview and analysis of violations around the world that illustrate the underlying principles as well as the relationship between freedom of religion or belief and other human rights. Religious Freedom Under Scrutiny argues that without freedom of religion or belief, human rights cannot fully address our complex needs, yearnings, and vulnerabilities as human beings. Furthermore, ignoring or marginalizing freedom of religion or belief would weaken the plausibility, attractiveness, and legitimacy of the entire system of human rights.

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This timely book examines international trade and investment law at various levels of governance, including unilateral, bilateral, regional, and multilateral arrangements.Rafael Leal-Arcas demonstrates that the nature of international trade law is fragmented and cyclical. Whilst not always straightforward, the process of making international trade law more multilateral, beginning with the General Agreement on Tariffs and Trade in 1947, has been largely successful. The author shows how this success could be emulated for international investment law, as well as providing a careful analysis of the choice of jurisdiction – regional versus global – for the settlement of disputes.This insightful book will be an invaluable resource for research institutions, legal practitioners, judges, trade and investment policy-makers, officials at international organizations and national civil servants. Advanced students of international economic law, international investment law, external relations law of the EU, international trade law and WTO law will also find this book important.

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The popular "Mediator's Handbook" presents a time-tested, adaptable model for helping people work through conflict. Extensively revised to incorporate recent practice and thinking, the accessible manual format lays out a clear structure for new and occasional mediators, while offering a detailed, nuanced resource for professionals. Starting with a new chapter on assessing conflict and bringing people to the table, the first section explains the process step-by-step, from opening conversations and exploring the situation, through the phases of finding resolution deciding on topics, reviewing options, and testing agreements. The "Toolbox" section details the concepts and skills a mediator needs in order to: Understand the conflict; Support the people; Facilitate the process; Guide decision-making. Throughout the book, the emphasis is on what the mediator can do or say NOW, and on the underlying principles and core methods that can help the mediator make wise choices. Long a popular course textbook for high schools, universities, and training programs, this Handbook is also a valued desk reference for professional mediators, and a practical guide for managers, organisers, teachers and anyone working with clients, customers, volunteers, committees or teams.

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This is the first history of mediation and arbitration in England before the Common Law. In prehistoric times, archaeology and genetics provide evidence of assemblies to deal with disputes. From Roman times, documents survive which show mediation and arbitration in practice. A fragment of an award is dated 14 November 114AD. A Wiltshire arbitrator reports in his own words of arbitrating in Alfred's time. A Worcestershire award a thousand years ago could teach today's practitioners new tricks. After the Norman Conquest, a compromise could still be mediated in the middle of trial by battle, one side's champion concealing that he had lost his sight.This book provides the first history of how disputes of all kinds were managed in England before the Common Law. It starts in prehistoric times, with archaeology, anthropology and genetics providing evidence of regular assemblies dealing with disputes. From Roman times onwards, documents allow a detailed, though partial, picture to be drawn. Not only does the literature describe how mediation and arbitration worked in practice, but a fragment survives of an award dated 14 November 114AD.The sources grow more plentiful in Anglo-Saxon times. We can read a Wiltshire arbitrator's full report in his own words of an arbitration in Alfred's time and learn new tricks from an award made in Worcestershire a thousand years ago. Long after the Norman Conquest, the normal method of resolving disputes was still by public arbitration in traditional assemblies according to customary law. And a compromise could be mediated in the middle of a trial by battle, with one side's champion concealing that he had lost his sight.This interdisciplinary study uses all the surviving original sources with new translations, drawing on the work not only of historians but archaeologists, anthropologists, linguists, geneticists and other natural scientists. It shows how natural and widespread mediation and arbitration have been in England since before history began. There is plenty of evidence of routine mediations and arbitrations in all manner of disputes: landownership, succession, ecclesiastical squabbles. A successful mediation after a prince had been killed led to peace between Northumbria and Mercia. There was no lack of techniques fashioned to fit, including expert determination and a sophisticated form of dispute management successfully avoiding a difference becoming a dispute.To understand how disputes are managed, it is necessary to know what languages were used and how. An appendix deals with the many unsettled questions of the languages of the period, British (including Welsh), Latin, Anglo-Saxon and Anglo-Norman (French).

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On an August evening in 1928 May Donoghue entered a café in Paisley. The circumstances of her visit made legal history. A ginger beer was ordered for Mrs Donoghue who famously complained that, to her surprise and shock, a decomposed snail had tumbled from the bottle into her glass. Mrs Donoghue sued for the nervous shock she claimed to have suffered as a result. The question whether she had a case in law against the manufacturer of the ginger beer was argued as far as the House of Lords. It is hard to overstate the importance of the decision in Donoghue v Stevenson. It represents, perhaps, the greatest contribution made by English and Scottish lawyers to the development of the common law. This case made it clear that, even without a contract between the parties, a duty of care is owed by ‘A’ to take reasonable care to avoid acts or omissions which could reasonably be foreseen as likely to cause injury to his neighbour: ‘B’. This concept, developed by the great jurist Lord Atkin, has become known by the universal shorthand, ‘the neighbour principle’. Who, Lord Atkin asked rhetorically, is ‘in law’ my neighbour? This case provides the answer. This book tells the full story and provides vivid biographical sketches of the protagonists and of the great lawyers who were involved in the case. It sets the case in its historical context and re-evaluates the evidence. he constitutional importance of the case is also dealt with; the blow it struck for a moral approach to the law which departed from a rigid doctrine of precedent. Finally, the book investigates the influence of Donoghue v Stevenson across the common law world: from the USA to the countries of what is now the Commonwealth.

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Water supply privatization was emblematic of the neoliberal turn in development policy in the 1990s. Proponents argued that the private sector could provide better services at lower costs than governments; opponents questioned the risks involved in delegating control over a life-sustaining resource to for-profit companies. Private-sector activity was most concentrated—and contested—in large cities in developing countries, where the widespread lack of access to networked water supplies was characterized as a global crisis. In Privatizing Water, Karen Bakker focuses on three questions: Why did privatization emerge as a preferred alternative for managing urban water supply? Can privatization fulfill its proponents' expectations, particularly with respect to water supply to the urban poor? And, given the apparent shortcomings of both privatization and conventional approaches to government provision, what are the alternatives? In answering these questions, Bakker engages with broader debates over the role of the private sector in development, the role of urban communities in the provision of "public" services, and the governance of public goods. She introduces the concept of "governance failure" as a means of exploring the limitations facing both private companies and governments. Critically examining a range of issues—including the transnational struggle over the human right to water, the "commons" as a water-supply-management strategy, and the environmental dimensions of water privatization—Privatizing Water is a balanced exploration of a critical issue that affects billions of people around the world.

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Vital to the effective functioning of voluntary organisations is the trust of people - the beneficiaries, clients, regulators, donors, volunteers and paid staff. Open, fair and well-managed data protection practice is not just desirable in helping to achieve that trust, but essential. Get it wrong and there is reputational damage and costs attached. Data Protection for voluntary organisations will enable you to set a shining example of best practice and also comply with UK data legislation and the General Data Protection Regulation (GDPR) in force since 2018. This book will help you: * Understand the key principles and elements of data protection * Recognise your main responsibilities as a data controller * Distinguish when you can and can't retain data * Appreciate what the rights of the data subject are Who is this book for? A must-read for anyone in the UK voluntary sector who wants to get beyond tick-box data management. Invaluable to data managers or those who handle personal information such as IT, personnel, marketing and fundraising departments. For professional advisers, and academics it will also offers a valuable summary drawing out key data protection points by examining and interpreting the primary legislation.

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This sourcebook provides the first systematic overview of witchcraft laws and trials in Russia and Ukraine from medieval times to the late nineteenth century. Witchcraft in Russia and Ukraine, 1000–1900 weaves scholarly commentary with never-before-published primary source materials translated from Polish, Russian, and Ukrainian. These sources include the earliest references to witchcraft and sorcery, secular and religious laws regarding witchcraft and possession, full trial transcripts, and a wealth of magical spells. The documents present a rich panorama of daily life and reveal the extraordinary power of magical words. Editors Valerie A. Kivelson and Christine D. Worobec present new analyses of the workings and evolution of legal systems, the interplay and tensions between church and state, and the prosaic concerns of the women and men involved in witchcraft proceedings. The extended documentary commentaries also explore the shifting boundaries and fraught political relations between Russia and Ukraine.

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A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.

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Increase your efficiency, profits and client approval through the use of clear, modern English. This unique book debunks the myth that legalese is precise. Using many before-and-after examples, this book explains how you can increase your efficiency, profits and client approval while making your documents more readable and reliable. This third edition covers online communications and includes updated chapters on the common law rules of interpretation and: * what is good writing * how misunderstandings arise * translating and interpreting * an outline of how software can improve the clarity of your writing * the common law rules of interpretation. With a foreword by Lord Neuberger, this practical book also contains a number of useful precedents written in plain English to help you work better with clients and avoid potentially costly misunderstandings.

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Child abuse cases with hard-to-prove allegations pose challenges for all those who seek to protect the welfare of children. Helping courts, evaluators, guardians, and lawyers understand and work with difficult cases, Equivocal Child Abuse brings together insights, experience, and guidance from multiple sources to minimize unnecessary harm done to children and families. Exploring all facets of case management, the book discusses: Legal concepts and theory, the history of guardians ad litem, and the complexity of the processes involved in legal decision making How different court systems operate, the path of a case, and the roles of participants in custody cases The investigative process, the evaluation of report credibility, the use of videotape, perspectives of child custody evaluators, and sample investigations The testimony of expert witnesses, evaluators, guardians ad litem, and treating professionals; and the rules of evidence Hazards practitioners face in domestic relations and custody cases, including licensing issues, civil suit actions, and personal safety concerns Intervention options, such as supervised visitation, therapy for children, and mediation Mental health issues in case participants, including borderline personality disorder, narcissistic and related personality patterns, affective disorders, and substance abuse A working model for the forensic evaluator, with instructions on conducting the evaluation and reportage Filled with case studies to elucidate concepts, the book also contains appendices with recommended guidelines for interviewing children in cases of alleged sexual abuse, a line-by-line expert critique of a child interview, and other tools, making this volume a critical resource for all those who contend with these complex cases.

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