Law Books
Amazon Publishing You Have the Right to Remain Innocent
Book SynopsisAn urgent, compact manifesto that will teach you how to protect your rights, your freedom, and your future when talking to police. Law professor James J. Duane became a viral sensation thanks to a 2008 lecture outlining the reasons why you should never agree to answer questions from the police—especially if you are innocent and wish to stay out of trouble with the law. In this timely, relevant, and pragmatic new book, he expands on that presentation, offering a vigorous defense of every citizen’s constitutionally protected right to avoid self-incrimination. Getting a lawyer is not only the best policy, Professor Duane argues, it’s also the advice law-enforcement professionals give their own kids. Using actual case histories of innocent men and women exonerated after decades in prison because of information they voluntarily gave to police, Professor Duane demonstrates the critical importance of a constitutional right not well or widely understood by the average American. Reflecting the most recent attitudes of the Supreme Court, Professor Duane argues that it is now even easier for police to use your own words against you. This lively and informative guide explains what everyone needs to know to protect themselves and those they love.Trade Review“James Duane’s amazing but true stories of innocent people exonerated after decades of wrongful imprisonment (which could have been avoided if they had just insisted on their fundamental right to avoid self-incrimination) are riveting reminders of the high price we pay, as individuals and as a society, when we fail to assert our constitutional rights.” —Laurence H. Tribe, Harvard Law School “In this quick and wonderful read, one of America’s most eloquent writers on legal subjects makes clear why you should never, ever answer police questions about your past conduct, however virtuous and civic-minded you may be. You Have the Right to Remain Innocent describes a stream of miscarriages of justice that occurred only because innocent suspects cooperated with deceptive officers preying on their ignorance and good intentions. The book makes its case with verve and passion, and even if you are a tough-on-crime conservative or a police chief, it is likely to persuade you.” —Albert W. Alschuler, University of Chicago Law School “James Duane is an experienced criminal defense lawyer and a tough-minded legal scholar. This is not just a book of advice; it is a passionate and disturbing critique of the rules governing police interrogations in the United States. It repays careful reading.” —David Alan Sklansky, Stanford University Law School “The stories in You Have the Right to Remain Innocent will help you remember why you should not talk to the police, and exactly how to assert your rights. This book could save you—or your children—years of imprisonment for a crime committed by someone else. Read it and then make sure your kids read it too.” —Randy E. Barnett, Georgetown University Law School “If you'd like to read short sentences that can save you from serving long sentences, get this book and do what it says!” —Judge Alex Kozinski, United States Court of Appeals for the Ninth Circuit “As James Duane argues convincingly in his book, the judicial hypocrisy that permits police deception is outrageous and dangerous. You Have the Right to Remain Innocent is funny, sad, and full of information that all citizens need for their protection.” —Charles R. Nesson, Harvard Law School “Well-informed, scary, sobering, and sure to tick off police officers and prosecutors even as it contributes to keeping innocent people out of jail.” —Kirkus Reviews
£8.21
Picador USA The Faithful Executioner
Book SynopsisTHE EXTRAORDINARY STORY OF A RENAISSANCE-ERA EXECUTIONER AND HIS WORLD, BASED ON A RARE AND OVERLOOKED JOURNAL.In a dusty German bookshop, the noted historian Joel F. Harrington stumbled upon a remarkable document: the journal of a sixteenth-century executioner. The journal gave an account of the 394 people Meister Frantz Schmidt executed, and the hundreds more he tortured, flogged, or disfigured for more than forty-five years in the city of Nuremberg. But the portrait of Schmidt that gradually emerged was not that of a monster. Could a man who practiced such cruelty also be insightful, compassionateeven progressive?In The Faithful Executioner, Harrington teases out the hidden meanings and drama of Schmidt''s journal. Deemed an official outcast, Meister Frantz sought to prove himself worthy of honor and free his children from the stigma of his profession. Harrington uncovers details of Schmidt''s life and work: the shocking, but often familiar, crimes o
£16.00
Edinburgh University Press Mediation
Book SynopsisThis handbook gives legal practitioners, students and new mediators practical guidance on the mediation process. Drawing on her experience as a mediator, academic and a businessperson, Marjorie Mantle takes a down-to-earth approach to mediation, pointing out the pitfalls as well as the benefits.Table of ContentsIntroduction 1; 1. What is Mediation?; 2. Key Principles; 3. Mediation in Practice; 4. SellingMediation; 5. Choosing a Mediator; 6. Role of the Legal Practitioner; 7. Mix'n'Match; Appendices: 1. Online dispute resolution; 2. Documentation; 3. Sample Contract for Services; 4. Sample Costs, Terms and Conditions; 5. Sample Agreement to Mediate; 6. Sample Settlement Agreement and Joint Minute; 7. Checklist for choosing a mediator; 8. Checklist for preparation; 9. Assessing mediator performance; 10. Checklist for assessing mediator performance; 11. Assessing your own performance; 12. Client profiles and predicting the future; 13. Confidentiality and Privilege; 14. Dispute resolution clauses; 15. Extra people at the meeting; 16. Our multicultural society and mediation; 17. Styles of mediation; 18. Historical background to mediation; 19. European Code of Conduct for Mediators; 20. Case Studies; 21. Useful references, by subject area; 22. Index.
£22.79
Lynne Rienner Publishers Inc International Organizations: The Politics and
Book SynopsisThe third edition of the award-winning International Organizations has been thoroughly revised and updated to take into account new developments and shifting power relations since 2009, as well as the most current scholarship.As before, the authors provide a comprehensive, in-depth examination of the full range of international organizations. New features of the book include attention to a broader range of theoretical approaches, to the increasing importance of regional organizations, and to emerging forms of governance. And new case studies highlight the governance dilemmas posed by the Libyan and Syrian civil wars, human trafficking, LGBT rights, climate change, and more.Trade ReviewPraise for the previous editions:"Detailed and comprehensive, this accessible IO text may well set the standard for years to come. The breadth of coverage provides 'one-stop shopping' for the full range of international organizations, along with welcome attention to global issues." —Kent Killen, College of Wooster"This book is a great [introduction] to international organizations." —Bessma Momani, International Journal"An extraordinary primer for any student of international relations...This book collates and masterfully illustrates the varied processes that drive contemporary international organizations." —UN21 Newsletter, ASIL"This is an important book, comprehensive, accessible, and rich in detail." —Ian Johnstone, Tufts University"Putting the pieces of the puzzle together in a highly readable way, Karns and Mingst provide a comprehensive overview of the many actors, processes, and challenges involved in the complex subject of global governance." —Anne-Marie Slaughter, Princeton UniversityTable of Contents The Challenges of Global Governance. The Theoretical Foundations of Global Governance. Foundations of the Pieces of Global Governance. The United Nations: Centerpiece of Global Governance. Regional Organizations. Nonstate Actors: NGOs, Networks, and Social Movements. The Search for Peace and Security. Global Economic Governance. Promoting Human Development and Economic Well-Being. Protecting Human Rights. Protecting the Environment. Dilemmas in Global Governance.
£21.71
Oxford University Press The Republic and The Laws
Book SynopsisCicero's The Republic is an impassioned plea for responsible government, based on Greek political theory, and written just before the civil war that ended the Roman Republic. Its sequel, The Laws, expounds the influential doctrine of Natural Law, setting out an ideal code for a reformed Roman Republic that is half in the realm of Utopia. This is the first complete English translation of both works since 1928.Trade ReviewIn his translation G. achieves a consistent vitality both in narrative... and in argument. * Michael Coffey, The Classical Review Vol.XLIX No.2 *
£7.99
OUP India Citizenship in India
Book SynopsisThe idea of citizenship goes beyond a legal-formal framework to denote substantive membership in the political community. While citizenship is identified with an ideal condition of equality of status and belonging, it gets challenged in societies marked by inequalities. As an idea that inspires struggle, citizenship remains an institution that is unbounded, changing, and always incomplete. This short introduction lucidly describes the history of citizenship in India, before moving on to the pluralities and the contemporary landscapes of citizenship. It traces the amendments in the Citizenship Act, 1955 and argues that the legal enframing of the citizen involves a simultaneous production of its other-the non-citizen. This book looks at the multiple margins that constitute the sites of constant churnings, releasing powerful new idioms, imaginaries, and practices of citizenship.Table of ContentsAcknowledgements; Introduction: Landscapes of Citizenship; 1: Who is an Indian Citizen? The Citizenship Act of India; 2: 'We the People': Citizenship in the Indian Constitution; 3: Ambivalent Citizens; 4: Becoming Citizens; References; Index; About the Author
£11.75
Oxford University Press The Law of Obligations Roman Foundations of the
Book SynopsisThis book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fuses the vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German, English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of the law.Trade Review'This book', as James Gorley writes in the Americal Journal of Comparative Law 'is an account of the Roman roots of the modern law of contract, tort and unjust enrichment ... A principle goal is to show that the Roman legal tradition is a key to understanding modern law. For that reason, althought the book contains a magisterial treatment of the development of ancient Roman law, it does not, like the typical work on the subject, leave off with Justinian. It describes how Roman law was modified, beginning with the legal renaissance of the twelfth century, to form a ius commune, a law common to continental Europe. It shows how the Roman tradition shaped the national legal systems that emerged when the ius commune fragmented ... [and] describes how Roman law has influenced the English common law.' * American Journal of Comparative Law *'Reinhard Zimmermann's study of the Roman law of obligations has been justly praised, and it is now well known, not only for its intrinsic excellence, but also for the manner in which it has opened up a dialogue between lawyers of the Civilian and Common law traditions...The book is indeed the most extraordinary tour de force of erudition lucidly expounded. The publication of the paperback edition at a reasonable price is thus to be welcomed...stimulating and thought-provoking...Oxford University Press is to be congratulated in publishing a translation of one and a relatively inexpensive edition of the other. Both are important books.'
£139.50
Oxford University Press International Law
Book SynopsisInternational law lies at the heart of our interaction with the global community. It protects rights, imposes duties, and establishes a framework for the conduct of almost every social, political, and economic activity. Vaughan Lowe explains the basic structural principles of international law, and looks at its potential and its limitations.Trade Reviewworth reading * Maxamilian Bertamini, Journal of International Law of Peace and Armed Conflict *Table of ContentsPREFACE; REFERENCES; FURTHER READING; INDEX
£9.49
Oxford University Press Principles of Banking Law
Book SynopsisThis third edition of the Principles of Banking Law provides a unique and authoritative treatment of both domestic and international banking law. Assembled by a group of expert authors, this new edition contains expanded coverage of developments in the fields of regulation, payment, lending, and capital markets.Table of ContentsPART I: BANKS, BANKING AND BANK REGULATION ; 1. Banking and Bank Organisations ; 2. Interbank Networks ; 3. Bank Regulation ; 4. Central Banking ; PART II: BANKS AND THEIR CUSTOMERS ; 5. The Banker-Customer Relationship ; 6. The Duty of Confidentiality ; 7. Advisory and Transactional Liability ; PART III: PAYMENT AND PAYMENT SYSTEMS ; 8. Principles of Payment ; 9. Payment Methods ; 10. Settlement, Clearing and Netting ; PART IV: BANKS AND FINANCE ; 11. Lending ; 12. Securities, their distribution and regulation ; 13. Loan Sales and Securitization ; 14. Trade Finance ; 15. Security ; PART V: THE INTERNATIONAL DIMENSION ; 16. International Banking ; 17. Cross-Border Banking
£58.89
Oxford University Press Broken Landscape
Book SynopsisBroken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legislators have interpreted and misinterpreted tribal sovereignty since the nation''s founding. Frank Pommersheim, one of America''s leading scholars in Indian tribal law, offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. He demonstrates that the federal government has repeatedly failed to respect the Constitution''s recognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. Pommersheim argues that the Supreme Court has strayed from its Constitutional roots as well, consistently issuing decisions over two centuries that have bolstered federal power over the tribes. Closing with a proposal for a Constitutional amendment that would reaffirm tribal sovereigTable of ContentsPart One: The Early Encounter ; 1. Introduction: A New Challenge to Old Assumptions ; 2. Early Contact: From Colonial Encounters to the Article of Confederation ; 3. Second Opportunity: The Structure and Architecture of the Constitution ; 4. The Marshall Trilogy: Foundational but Not Fully Constitutional? ; 5. Lone Wolf v. Hitchcock: The Birth of Plenary Power, Incorporation, and an Extraconstitutional Regime ; Part Two: Individual Indians and the Constitution ; 6. Elk v. Wilkins: Exclusion, Inclusion, and the Ambiguities of Citizenship ; 7. Indians and the First Amendment: The Illusion of Religious Freedom? ; Part Three: The Modern Encounter ; 8. Indian Law Jurisprudence in the Modern Era: A Common Law Approach Without Constitutional Principle ; 9. International Law Perspective: A New Model of Indigenous Nation Sovereignty? ; 10. Conclusion: Imagination, Translation, and Constitutional Convergence
£36.44
Oxford University Press God Justice and Society
Book SynopsisWhat is the real meaning of ''an eye for an eye and a tooth for a tooth''? Where did the idea for the ''Jubilee 2000'' and ''Drop the Debt'' campaigns come from? And what, really, are the ''Ten Commandments''? In God, Justice, and Society, Jonathan Burnside looks at aspects of law and legality in the Bible, from the patriarchal narratives in the Hebrew Bible through to the trials of Jesus in the New Testament. He explores the nature of biblical law, legal thinking, and legal institutions by setting the biblical texts in their literary, social, and theological context.Burnside questions the biblical texts from the perspective of an academic lawyer and criminologist and asks what the biblical materials contribute to our understanding about the nature and character of law. He examines much of biblical law and narrative that has formed the basis of Western civilization, while at the same time exploring differences between biblical law and modern legal concepts and legal assumptions. The reTrade ReviewIt is a well-researched and well-argued text, which gives a detailed, and at the same time comprehensible, account of the nature of Biblical law, its interpretation and operation and the possible ways it might have shaped, challenged, and continues to challenge, modern legal approaches to a range of legal subjects. This makes the book essential for law students, legal historians and theologians. * Rebecca White, Oxford Journal of Law and Religion *Table of ContentsContents Contents Acknowledgements How to use this book Timeline Introduction: The horizon of biblical law Chapter One: The Character of Biblical Law Chapter Two: A Deal With God Chapter Three: Beyond Sinai Chapter Four: Justice as a Calling Chapter Five: Humanity and the Environment Chapter Six: People and Land Chapter Seven: Social Welfare Chapter Eight: Homicide and Vengeance Chapter Nine: Theft Chapter Ten: Marriage and Divorce Chapter Eleven: Sexual Offences Chapter Twelve: New Laws for a New Age Chapter Thirteen: The Trials of Jesus Conclusion: Law in the purpose of God Bibliography
£118.12
Oxford University Press International Human Rights The Successor to
Book SynopsisInternational Human Rights is the definitive work on the subject area providing its reader with a comprehensive analysis of this wide and diverse subject area. A successor to the widely acclaimed International Human Rights in Context, this book is written by Philip Alston and Ryan Goodman who are both world-leading human rights scholars. They have chosen a wide selection of materials from primary and secondary materials to demonstrate and illuminate key themes and carefully guide the reader through each extract with thoughtful and lucid commentary.Trade ReviewThe most stimulating book that I know of in the field of human rights. * Georges Abi-Saab, Graduate Institute of International Studies, Geneva *...it is clearly and accessibly written and provides an excellent balance between commentary and analysis. * The Student Law Journal *... imaginative and stimulating materials with thought-provoking commentary... a wonderful teaching tool, as well as a valuable starting point for research. * Hilary Charlesworth, Australian National University *Table of ContentsPART A INTRODUCTORY NOTIONS AND BACKGROUND TO INTERNATIONAL HUMAN RIGHTS REGIME; PART B NORMATIVE FOUNDATION OF INTERNATIONAL HUMAN RIGHTS; PART C RIGHTS, DUTIES AND DILEMMAS OF UNIVERSALISM; PART D INTERNATIONAL HUMAN RIGHTS ORGANIZATIONS; PART E STATES AS PROTECTORS AND ENFORCERS OF HUMAN RIGHTS; PART F CURRENT TOPICS
£58.89
Oxford University Press Commentaries on the Laws of England Book I Of the
Book SynopsisOxford''s variorum edition of William Blackstone''s seminal treatise on the common law of England and Wales offers the definitive account of the Commentaries'' development in a modern format. For the first time it is possible to trace the evolution of English law and Blackstone''s thought through the eight editions of Blackstone''s lifetime, and the authorial corrections of the posthumous ninth edition. Introductions by the general editor and the volume editors set the Commentaries in their historical context, examining Blackstone''s distinctive view of the common law, and editorial notes throughout the four volumes assist the modern reader in understanding this key text in the Anglo-American common law tradition. Book I: Of the Rights of Persons covers the key topics of constitutional and public law. Blackstone''s inaugural lecture ''On the Study of the Law'' introduces a series of general essays on the nature of law, including a chapter on ''The Absolute Rights of Individuals'' . ThiTrade Reviewa unique and valuable contribution to scholarship ... future scholars will benefit immensely from this exceptionally valuable contribution to legal history. * Ian Williams, The Journal of Legal History *Blackstone's Commentaries remain a central source for understanding both historical and modern Anglo-American law - as well as many debates in Anglo-American legal philosophy - and Oxford University Press's new edition of the Commentaries offers a valuable new resource for studying them. * Brian Bix, Frederick W. Thomas Professor of Law and Philosophy, Jotwell *Table of ContentsINTRODUCTION; BOOK I: OF THE RIGHTS OF PERSONS
£23.76
Oxford University Press Complete International Law
Book SynopsisComplete International Law is the only text, cases and materials book on international law. It is an introductory text which covers a wide range of extracts from primary and secondary materials which are combined with incisive author commentary.Trade ReviewAdemola Abass has succeeded in creating a book that is unique in its pedagogical approach and comprehensive coverage. * Times Higher Education *Review from previous edition One of the most comprehensive international law books on the market and the first to combine text, cases and materials. What makes it stand out is the ability of the author to simplify difficult concepts and make them easy to understand. * Ilias Bantekas, Professor of International Law, Brunel University *This text is the gateway to mastering international law. Professor Abass provides a thorough, in-depth, and student-friendly introduction to the subject. A compelling read. * Jean Allain, Reader in International Law, Queen's University, Belfast *Table of Contents1. International law in the modern context ; 2. Sources of international law ; 3. The law of treaties ; 4. Statehood and recognition in international law ; 5. International organizations ; 6. Territory and the law of the sea ; 7. Jurisdiction ; 8. Immunity ; 9. International law and municipal law ; 10. The law of use of force ; 11. Collective security ; 12. International humanitarian law ; 13. State responsibility ; 14. The settlement of international disputes ; 15. The International Court of Justice ; 16. International criminal law ; 17. International environmental law ; 18. International economic law ; 19. International human rights
£58.89
Oxford University Press The Oxford Edition of Blackstones Commentaries on
Book SynopsisThe only variorum edition of Blackstone's seminal treatise on the common law, tracing the evolution of Blackstone's thought from the first to the ninth edition. The second volume addresses central topics of land and property law, known as 'the rights of things'.Trade Reviewa unique and valuable contribution to scholarship ... future scholars will benefit immensely from this exceptionally valuable contribution to legal history. * Ian Williams, The Journal of Legal History *Blackstone's Commentaries remain a central source for understanding both historical and modern Anglo-American law - as well as debates in Anglo-American legal philosophy - and Oxford University Press's new edition of the Commentaries offers a valuable new resource for studying them. * Brian Bix, Frederick W. Thomas Professor of Law and Philosophy, Jotwell *Table of ContentsBOOK THE SECOND: OF THE RIGHTS OF THINGS
£25.64
Penguin Books Ltd Lawless World
Book SynopsisInternational lawyer Philippe Sands has a unique insider''s view of the elites who govern our lives. His sensational revelations in Lawless World changed the political agenda overnight, forcing Tony Blair to publish damning mterial that he''d tried to hide.Now, in this updated edition with a shocking new chapter, you can get the full story of how the US and UK governments are riding roughshod over international agreements on human rights, war, torture and the environment - the very laws they put in place. Here sands looks at why global rules matter for all of us. And he powerfully makes the case for preserving them ... before justice becomes history.
£10.44
HarperCollins Publishers Foul
Book SynopsisAndrew Jennings, an award-winning investigative sports reporter, spent four years delving into the dark side of ''the beautiful game''. The result is this explosive and damning exposé of the officials that run football''s world governing body, FIFA .No individual has managed to penetrate the sanctified domain of FIFA and probed successfully into its often criticized yet unproven corruption of the world game. Until now.Author Andrew Jennings argues how FIFA President Sepp Blatter and his associates have misappropriated their position at the head of the world game in their desire for power, control, and a lucrative pay-off. How did these bizarre characters manage to take such control? Foul! is the explosive story.Jennings has undertaken unprecedented research in Asia, Africa, Europe and the Americas, interviewing hundreds of officials and amassing an extraordinary library of damning documents.He tells how Blatter and his cronies built an invincible electoral machine to keep him in power Trade Review'Award-winning reporter Andrew Jennings has led the way investigating corruption in world football' Daily Mail ‘A meticulously researched and detailed dossier into the inner workings of FIFA’ Sunday Business Post ‘In Foul!, Jennings has turned his unerring attention to the bun fight that masquerades as the global governance of football’ Independent 'The appalling Sepp Blatter and his cronies' activities are laid bare in a mind-boggling web of deceit. Essential reading for cynical football fans.' Evening Herald Dublin
£13.29
Prometheus Books The Legacy Of Jihad: Islamic Holy War and the
Book SynopsisThis book reveals how, for well over a millennium and across three continents - Asia, Africa, and Europe - non-Muslims who were vanquished by jihad wars became forced tributaries (called dhimmi in Arabic) in lieu of being slain. Under the dhimmi religious caste system, non-Muslims were subjected to legal and financial oppression, as well as social isolation. Extensive primary and secondary source materials, many translated here for the first time into English, are presented, making clear that jihad conquests were brutal, imperialist advances, which spurred waves of Muslims to expropriate a vast expanse of lands and subdue millions of indigenous peoples. Finally, the book examines how jihad war, as a permanent and uniquely Islamic institution, ultimately regulates the relations of Muslims with non-Muslims to this day. Scholars, educators, and interested lay readers will find this collection an invaluable resource.
£22.50
Pearson Education Law Express Question and Answer Employment Law
From the BESTSELLING Law Express revision series. Law Express Question and Answer: Employment Law is designed to ensure you get the most marks for every answer you write by improving your understanding of what examiners are looking for, helping you to focus in on the question being asked and showing you how to make even a strong answer stand out.
£18.51
Jessica Kingsley Publishers The Psychology of Emotion in Restorative
Book SynopsisHow and why does restorative practice (RP) work? This book presents the biological theory, affect script psychology (ASP), behind RP, and shows how it works in practice in different settings. ASP explains how the central nervous system triggers 'affects' which are the basis of all human motivation and emotion. The book presents a clear explanation of what ASP is, how it relates to RP, and how ASP helps practitioners to understand relationships, emotions and dynamics in their work. The chapters are based around case studies which demonstrate RP in criminal justice, organizational and education settings. They show how theory links to practice, and how having a deep understanding of the theory has helped practitioners to be successful in their work.Providing an accessible explanation of how RP works, this book will be invaluable to all RP practitioners in any setting, as well as RP students and academics.Trade ReviewThis is an impressive, thought-provoking and well-written book. It is a valuable contribution on the theory of Restorative thinking, justice and practice. The way in which the authors have cleverly translated theory into practice is both authentic and informative. This really comes alive through the sharing of real inspiring case studies, which allows us to access the theory in a way that translates into every day practice. I would recommend this book to all those wanting to understand Restorative Practice and its true value in society today and the future. -- Mark Finnis, Director, Mark Finnis Training and Consultancy and Trustee of Restorative Justice Council, UKThis is a splendid contribution to clarifying what we know and what we do not yet understand about what makes restorative justice fail or succeed. While much research and reflective practice remains to be done to fill great voids in our understanding, this book takes big steps forward. It is at once theoretically sophisticated and practically useful. -- John Braithwaite, Distinguished Professor, Australian National UniversityTable of ContentsForeword, Judge Andrew Becroft. Preface. Section 1. The Theory Underpinning Restorative Justice. 1. Caring, Restorative Practice and the Biology of Emotion. Vernon C. Kelly, Jr, Chairman, The Tomkins Institute, USA. 2. Interpersonal Caring, Social Disciple and a Blueprint for Restorative Healing. Vernon C. Kelly, Jr. Section 2. The Theory in Action in Communities and the Criminal Justice System. 3. Being Emotional, Being Human: Creating Healthy Communities and Institutions by Honoring our Biology. Lauren Abramson, Founding Director, Community Conferencing Center, Baltimore, Maryland, USA. 4. Restorative Practice in a Policing Environment: Understanding Affect Will Help. John Lennox, Director, Restorative Practices International, Australia. 5. Forgiveness. Katy Hutchison, restorative justice advocate, author and professional speaker, Canada. 6. A Necessary Discovery: Why the Theory is Important. Matthew W. Casey, Counselor and Restorative Practice Consultant, Goulburn Family Support Service and Matt Casey Counselling, Australia, Bill Curry, Counselor, Goulburn Family Support Service, Australia, Anne Burton, Service Coordinator, Goulburn Family Support Service, Australia and Katherine Gribben, Counselor, Goulburn Family Support Service, Australia. Section 3. The Theory in Action in Organizational Settings. 7. Keep Calm and Carry On: From Fear to Fun Over Two Years in a British Youth Arts Organization. Siân Williams, Principal Consultant, Thorsborne and Associates, UK. 8. Drama Queens. Margaret Thorsborne, Director, Margaret Thorsborne and Associates, Australia and UK. Section 4. The Theory in Action in Education. 9. Affect and Emotion in a Restorative School. Graeme George, teacher and trainer, RPforSchools.net, Australia. 10. They Suck, School Sucks, I Suck: The Secret Emotional Life of a Child with a Brain that Learns Differently. Bill Hansberry, teacher, counselors and mentor, Fullarton House, Australia. List of Contributors. Index.
£28.49
Penguin Putnam Inc Negotiating the Nonnegotiable
Book Synopsis“One of the most important books of our modern era” –Amb. Jaime de BourbonFor anyone struggling with conflict, this book can transform you. Negotiating the Nonnegotiable takes you on a journey into the heart and soul of conflict, providing unique insight into the emotional undercurrents that too often sweep us out to sea. With vivid stories of his closed-door sessions with warring political groups, disputing businesspeople, and families in crisis, Daniel Shapiro presents a universally applicable method to successfully navigate conflict. A deep, provocative book to reflect on and wrestle with, this book can change your life. Be warned: This book is not a quick fix. Real change takes work. You will learn how to master five emotional dynamics that can sabotage conflict outside your awareness:1. Vertigo: How can you avoid getting emotionally consumed in conflict? 2. Repetition compulsion: How can you stop repeating the same conflicts again and again? 3. Taboos: How can you discuss sensitive issues at the heart of the conflict? 4. Assault on the sacred: What should you do if your values feel threatened? 5. Identity politics: What can you do if others use politics against you? In our era of discontent, this is just the book we need to resolve conflict in our own lives and in the world around us.
£14.25
Vintage Publishing Eve Was Framed
Book SynopsisEve Was Framed offers an impassioned, personal critique of the British legal system. Helena Kennedy focuses on the treatment of women in our courts - at the prejudices of judges, the misconceptions of jurors, the labyrinths of court procedures and the influence of the media. But the inequities she uncovers could apply equally to any disadvantaged group - to those whose cases are subtly affected by race, class poverty or politics, or who are burdened, even before they appear in court, by misleading stereotypes.Trade ReviewThis is a cogently argued examination of how the British legal system ignores, downgrades, underrates and discriminates against women-Kennedy has properly argued that a profession that practises law and pursues justice must be seen to be just, reasonable, unprejudiced, and open to public scrutiny. Bravissima! -- Julia Neuberger * Sunday Times *A powerful and authoritative polemic-brave, forceful and eloquent. It may even change things * Sunday Telegraph *A powerful and authoritative polemic-Kennedy cites precedents and incontrovertible evidence to show how a 'web of prejudice, privilege and misinformation affects women' in all their dealings with the law-brave, forceful and eloquent. It may even change things -- Jessica Mann * Sunday Telegraph *
£10.44
The University of Chicago Press The Marriage Exchange
Book SynopsisMedieval Douai left an enormous archive of documents. This text reveals how these documents were produced in an effort to regulate property and gender relations. At the centre was a shift to a property regime based on contract. The book explores why the law changed and assesses its effects.
£30.40
Oxford University Press Inc Silent Covenants
Book SynopsisWhen the landmark Supreme Court case of Brown vs. Board of Education was handed down in 1954, many civil rights advocates believed that the decision finding public school segregation unconstitutional could become the Holy Grail of racial justice. Fifty years later, despite its legal irrelevance and the racially separate and educationally ineffective state of public schooling for most black children, Brown is still viewed by many as the perfect precedent. Derrick Bell here shatters this shining image of one of the Court''s most celebrated rulings. He notes that, despite the onerous burdens of segregation, many black schools functioned well and racial bigotry had not rendered blacks a damaged race. Brown''s recognition of racial injustice, without more, left racial barriers intact. Given what we now know about the pervasive nature of racism, the Court should have determined--for the first time--to rigorously enforce the equal component of the separate but equal standard. By striking it down, the Court intended both to improve the Nation''s international image during the Cold War and offer blacks recognition that segregation was wrong. Instead, the Brown decision actually enraged and energized its opponents. It stirred confusion and conflict into the always vexing question of race in a society that, despite denials and a frustratingly flexible amnesia, owes much of its growth, development, and success, to the ability of those who dominate the society to use race to both control and exploit most people, black and white.Racial policy, Bell maintains, is made through silent covenants--unspoken convergences of interest and involuntary sacrifices of rights--that ensure that policies conform to priorities set by policy-makers. Blacks and whites are the fortuitous winners or losers in these unspoken agreements. The experience with Brown, Bell urges, should teach us that meaningful progress in the quest for racial justice requires more than the assertion of harms. Strategies must recognize and utilize the interest-convergence factors that strongly influence racial policy decisions. In Silent Covenants, Bell condenses more than four decades of thought and action into a powerful and eye-opening book.Trade Review"Bell, always a self-consciously provocative writer, remains true to form in Silent Covenants. In his most creative chapter, Bell imagines an alternative Brown decision that would have upheld segregation but insisted on the equalization of resources between blacks and whites. Had that road been followed, he suggests, black children might have gotten the education they needed and deserved."--Boston Globe"Provocatively sardonic.... His pervasive melancholy may surprise readers who expect movement veterans to celebrate victories rather than rue their missteps, but to Bell the very perception of Brown as a victory is a 'mirage' that must be vanquished."--Chicago Tribune"Mournful.... Captures the significance of Brown at the time of its pronouncement and of African Americans' then-unconquerable optimism about the country's ultimate goodness."--Debra J. Dickerson, Mother Jones"Bell's wide-ranging provocations effectively challenge those who still consider Brown the 'Holy Grail of racial justice.'"--Publishers Weekly"A bold and sobering counterproposal."--The New Yorker
£24.44
Oxford University Press Rule of Recognition and the U.S. Constitution
Book SynopsisThe Rule of Recognition and the U.S. Constitution is a volume of original essays that discuss the applicability of Hart''s rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in analytical jurisprudence and constitutional theory, including Matthew Adler, Larry Alexander, Mitchell Berman, Michael Dorf, Kent Greenawalt, Richard Fallon, Michael Green, Kenneth Einar Himma, Stephen Perry, Frederick Schauer, Scott Shapiro, Jeremy Waldron, and Wil Waluchow. The volume makes a contribution both in jurisprudence, using the U.S. as a test case that highlights the strengths and limitations of the rule of recognition model; and in constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, the legitimacy of unwritten sources of constitutional law, the choice of methods for interpreting the text of the Constitution, and popular constitutionalism.
£121.12
Edward Elgar Publishing Ltd Should Trees Have Standing?: 40 Years On
Book SynopsisThis special issue of the Journal of Human Rights and the Environment revisits Professor Christopher D. Stone's iconic 1972 article, and features an introduction by Professor Philippe Sands QC, a set of elegant and thought-provoking reflections on the original article by Baroness Mary Warnock, Professor Ngaire Naffine and Professor Lorraine Code, and an equally elegant and thought-provoking response to their reflections from Professor Stone himself. This thoughtful collection of essays will be a valuable addition to contemporary debates concerning the crucial search for new relationships between humanity and the living world and between human rights and the environment. The renowned contributors offer rich reflections on questions of legal standing, legal subjectivity and epistemology raised by Stone's article, and which have greater salience than ever as we face the environmental and human challenges of the 21st century. Contributors: L. Code, A. Grear, N. Naffine, P. Sands, C.D. Stone, M. WarnockTable of ContentsContents: Editorial Should Trees Have Standing: 40 Years On? Anna Grear Foreword On Being 40: A Celebration of ‘Should Trees Have Standing?’ Philippe Sands Articles Should Trees Have Standing? Toward Legal Rights for Natural Objects Christopher D Stone Should Trees Have Standing? Mary Warnock Legal Personality and the Natural World: On the Persistence of the Human Measure of Value Ngaire Naffine Ecological Responsibilities: Which Trees? Where? Why? Lorraine Code Response to Commentators Christopher D Stone
£77.90
Intersentia Ltd The effect of D&O insurance on managerial risk
Book SynopsisRisk taking in business contributes towards innovation. Yet excessive risk taking is associated with corporate failure. Many authors have analysed the relationship between personal liability rules of managers and excessive risk taking. In this context, previous researchers have often argued that insurance against personal liability of the manager (D&O insurance) would weaken the manager's incentive to take care.However, little is known about the workings and effects of D&O insurance. This book analyses how D&O insurance should work ideally and how it currently works in the USA, the UK, the Netherlands and Germany.It illustrates how D&O insurance threatens but also benefits society and the economy. In fact, a properly functioning D&O insurance system can more elegantly incentivize adequate risk taking than for example, direct regulation of managerial activity (e.g. disqualification) or the adoption of harsher liability rules.This book provides an overview of the implications of D&O insurance, in particular to:- policy makers who can take concrete reform proposals from this book;- investors who can increase their returns by using the information on corporate D&O insurance policies;- creditors who can better estimate their debtor's default risk by understanding the debtor's D&O insurance policy; and- finally, prospective insurers who can learn in depth about the D&O market, the policy design and the D&O risk.
£70.30
Oxford University Press The Bramble Bush The Classic Lectures on the Law
Book SynopsisTrade Review"If you have any doubt about your level of skill, interest, or readiness to study the law, purchase and read a copy of The Bramble Bush-The Classic Lectures on the Law and Law School, now updated and published anew in 2008 by Oxford University Press. Law school is a bramble bush. You need to prepare yourself for the reality of its experience. [Llewellyn's] The Bramble Bush offers rich and nuanced answers to questions about what the law is, the case system, the nature of law school, and your legal studies beyond the first year. You will greatly benefit if you let Professor Llewellyn (with Professor Sheppard's essential assistance) take you by the hand for this journey." --Brad Dobeck, President, PrelawAdvisor.com "Karl Llewellyn was one of the greatest legal minds of the twentieth century, and The Bramble Bush is one of his classics-illuminating and even indispensable reading for each generation of law students and lawyers, and wonderful for general readers as well." -- Cass R. Sunstein, Karl N. Llewellyn Distinguished Service Professor, The University of Chicago Law School "...one of the greatest works ever written on the nature of law and legal education. In a sometimes sharp, sometime whimsical, always brilliant analysis, Llewellyn offers invaluable insights to anyone contemplating the study of law." -- Geoffrey Stone, Edward H. Levi Distinguished Service Professor, The University of Chicago Law School "The Bramble Bush reads to me today as it read to me three decades ago as a law student: fresh, brassy, irreverent, impudent, and brilliant. To suggest that the study of law should focus on how and why judges and officials and lawyers in the real world actually behave in our legal system! To suggest that law is not simply an arid matrix of rules and theories and principles! The nerve! In this time in the history of legal education in which law schools are reinventing themselves, we would all do well to read The Bramble Bush again and again." --Rodney A. Smolla, Dean and Professor of Law, Washington and Lee University School of Law "If you have any doubt about your level of skill, interest, or readiness to study the law, purchase and read a copy of The Bramble Bush-The Classic Lectures on the Law and Law School, now updated and published anew in 2008 by Oxford University Press. Law school is a bramble bush. You need to prepare yourself for the reality of its experience. [Llewellyn's] The Bramble Bush offers rich and nuanced answers to questions about what the law is, the case system, the nature of law school, and your legal studies beyond the first year. You will greatly benefit if you let Professor Llewellyn (with Professor Sheppard's essential assistance) take you by the hand for this journey." --Brad Dobeck,President, PrelawAdvisor.com "Karl Llewellyn was one of the greatest legal minds of the twentieth century, and The Bramble Bush is one of his classics-illuminating and even indispensable reading for each generation of law students and lawyers, and wonderful for general readers as well." -- Cass R. Sunstein, Karl N. Llewellyn Distinguished Service Professor, The University of Chicago Law School "...one of the greatest works ever written on the nature of law and legal education. In a sometimes sharp, sometime whimsical, always brilliant analysis, Llewellyn offers invaluable insights to anyone contemplating the study of law." -- Geoffrey Stone, Edward H. Levi Distinguished Service Professor, The University of Chicago Law School "The Bramble Bush reads to me today as it read to me three decades ago as a law student: fresh, brassy, irreverent, impudent, and brilliant.In this time in the history of legal education in which law schools are reinventing themselves, we would all do well to read The Bramble Bush again and again." --Rodney A. Smolla, Dean and Professor of Law, Washington and Lee University School of LawTable of ContentsIntroduction to the Oxford Edition: The Bramble Bush and You by Steve Sheppard ; Foreword (1950 Edition) ; Preface (1930 Edition) ; Acknowledgments (1950 Edition) ; Acknowledgments (1930 (Edition) ; Part One: The Bramble Bush ; Chapter I ; What Law Is About ; Chapter II ; This Case System: What Lies Behind the Case ; Chapter III ; This Case System: What to Do with the Cases ; Chapter IV ; This Case System: Precedent ; Chapter V ; Ships and Shoes and Sealing Wax ; Chapter VI ; And Law School Offers What? ; Part Two: The Other Side ; Chapter VII ; Law and Civilization ; Chapter VIII ; Beyond Bread and Butter ; Chapter IX ; The Second Year ; Chapter X ; Before Sunrise ; They That Come After ; Afterword ; Index
£32.82
The University of Chicago Press The Constitution in Congress The Federalist
Book SynopsisAn examination of the US constitution, providing an analysis from a legal perspective of the first six congresses constituting the federalist period. The book aims to establish that the Constitution was forged, not in the courts, but in the legislative and executive branches of government.
£28.50
HCI Press High Conflict People in Legal Disputes
Book Synopsis People with high conflict personalities (HCPs) clog our courts as plaintiffs with inappropriate claims against their personal targets of blame, and as defendants who have harmed others and need to be stopped. Everybody knows someone with a High Conflict Personality. How can he be so unreasonable? Why does she keep fighting? Can''t she see how destructive she is? Can you believe they''re going to court over ______? Some HCPs are more difficult than others, but they tend to share a similar preoccupation with blame that drives them into one dispute after anotherand keeps everyone perplexed about how to deal with them. Using case examples and an analysis of the general litigation and negotiation behaviors of HCPs, this book helps make sense of the fears that drive people to file lawsuits and complaints. It provides insight for containing their behavior while managing and/or resolving their disputes. Characteristics of the five high-conflict personality disorders are explored: BorderlineNarcissistic Histrionic ParanoidAntisocial Bill Eddy is a lawyer, therapist, mediator, and President of the High Conflict Institute. He developed the High Conflict Personality theory and is an international expert on the subject. He is a Certified Family Law Specialist and Senior Family Mediator at the National Conflict Resolution Center. He has taught at the University of San Diego School of Law, is on the part-time faculty of the Straus Institute for Dispute Resolution at the Pepperdine University School of Law and the National Judicial College, and lectures at Monash University in Australia.
£14.39
Little, Brown Book Group Writer's Guide to Copyright and Law: Learn What
Book SynopsisThe law is of great significance to you as a writer. It can work to your advantage or to your disadvantage. It can help you or hinder you. The best way to ensure that you get the most out of the law is to have knowledge of it. With this book you will learn what rights you have as a writer and how to enjoy them, and what obligations you have and how to comply with them. You will discover how to avoid legal pitfalls and in the event that you find yourself in a legal entanglement, how to remedy the situation. Specifically, this book will show you: what copyright is and how the law protects you; how to preserve your copyright and avoid infringing that of others; what libel is and how it can affect you; how to avoid libellous writing and defend yourself from legal action should the need arise; what is required for a binding contract, and how to enter into and get out of one with your publisher; how to understand advances, royalties and rights; how to deal with your literary estate; and what other legal issues may arise and how to manage them. With the help of this book you will become confident in your knowledge of the law as it applies to you before, during and after publication.Trade Review"'Clear, no-nonsense style...no jargon or waffle - just sound common sense advice.' Alison Chisholm, BBC Radio Merseyside 'Very informative and useful - I wish our legal editors could manage to put their books into such plain language.' Barnes & Taylor Solicitors"Table of Contents1. What use are your rights?; 2. Using your copyright; 3. Utilising material; 4. Avoiding libel; 5. Entering a contract; 6. Getting out of a contract; 7. Getting paid; 8. Sorting out other problems; 9. Appreciating legal aspects of self-publishing; 10. Dealing with your literary estate
£3.89
Cambridge University Press Minority Shareholders Remedies
Book SynopsisThe state of English company law on minority shareholders' remedies is analysed in the light of the UK Law Commission, further appraised by the Company Law Review Steering Group. As well as considering the complexities of derivative actions and statutory minority remedies, this book discusses future directions for minority shareholders' remedies.Table of Contents1. The Rule in Foss v. Harbottle; 2. Shareholder actions by exception to the rule; 3. A new derivative action; 4. The statutory minority remedies; 5. Reforming the statutory remedies.
£34.99
Princeton University Press How Global Currencies Work
Book SynopsisTrade Review"The authors conclude that the euro, in particular, will play a more consequential role in international reserves relative to the US dollar, while China’s renminbi will be slower to achieve acceptance."---Ian McLennan, Spear's Magazine"A readable and timely book." * Finance & Development *"How Global Currencies Work is an ambitious title that delivers fascinating analysis on the rise and fall of international currencies in the 20th century with some educated suggestions about their trajectories in the 21st."---Christopher Smart, Project Syndicate"The book gives readers an excellent introduction to the history of international reserve currencies over the past two centuries. . . . For those involved, whether at a national or international level, in government or in financial institutions, it will make compulsory reading."---Richard Parlour, Central Banking Journal"This volume offers a thrilling history of global finance over the past two centuries. It is very well written, marshals extensive new data and provides fascinating new insight into how global currencies work."---Ivo Maes, History of Economic Ideas
£31.50
Princeton University Press How to Do Things with International Law
Book Synopsis"The description for this book, How to Do Things with International Law, will be forthcoming. "--Trade Review"Runner-Up for the 2018 Chadwick Alger Prize, International Studies Association’s International Organization Section""In this insightful book, Hurd argues that international law is actually best understood as a tool of state power--less an externally imposed constraint than a resource that governments employ to authorize and legitimize what they want to do."---G. John Ikenberry, Foreign Affairs"Hurd proposes the compelling argument that law does not just prohibit conduct, but it implicitly permits other conduct, so states will push law to permit the conduct they wish to engage in. . . . A refreshing dose of pragmatism."---Eleanor Healy-Birt, interLib"Essential reading for everyone who engages with international law and international politics."---Rajeesh Kumar, Rest Journal
£29.75
Nomos Verlagsgesellschaft Die Untersuchungshaft: Eine Untersuchung Unter
Book Synopsis
£155.25
Princeton University Press Purposive Interpretation in Law
Book SynopsisPresents a comprehensive theory of legal interpretation. This book argues that an alternative approach - purposive interpretation - allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences.Trade Review"One of the most respected judges serving today is Aharon Barak, President of the Supreme Court of Israel. His commitment to the rule of law and constitutional rights, and his encyclopedic knowledge of the history, case law and principles of a wide variety of legal systems, are at the heart of Purposive Interpretation in Law. In this major work of legal philosophy, Barak develops a legal theory to explain how judges should resolve cases which depend on the interpretation of texts, whether contracts, statutes or constitutions."--David Pannick, QC, The Times (London) "Must reading for social scientists and legal theorists, as well as for jurists and other legal practitioners, who seek to witness the complexities of contemporary judicial decision-making... Barak has written a masterful book that will further the quest for a general theory of legal interpretation. And for this both scholars and practitioners should be thankful."--Ronald Kahn, Law and Politics Book Review "This book is a must-read for anyone interested in political theory and legal philosophy, but the specific areas of law that Barak so carefully investigates, make it relevant for private, public and comparative law academics and practitioners as well."--AlbertoVespaziani, European LegacyTable of ContentsIntroduction xi PART ONE: INTERPRETATION 1 Chapter One: What Is Legal Interpretation? 3 1. Definition of Legal Interpretation 3 2. The Limits of Interpretation 16 3. Basic Problems in Interpretation 26 4. Systems of Interpretation in Law 30 5. Advantages and Disadvantages of Interpretive Rules 38 6. The Status and Sources of Interpretive Rules 47 7. Laws of Interpretation, Jurisprudence, and General Hermeneutics 54 Chapter Two: Non-Interpretive Doctrines 61 1. The Essence of Non-Interpretive Doctrines 61 2. Filling in a Gap in a Legal Text 66 3. Resolving Contradictions Normatively 74 4. Correcting Mistakes in the Language of a Text 77 5. Deviating from the Language of the Text to Avoid Absurdity 80 6. Cy Pres Performance 80 7. From Interpretive Theory to Purposive Interpretation 82 PART TWO PURPOSIVE INTERPRETATION 83 Chapter Three: The Essence of Purposive Interpretation 85 1."Purposive Interpretation": Terminology 85 2. Fundamentals of Purposive Interpretation 88 Chapter Four: The Semantic Component of Purposive Interpretation 97 1. Interpretive Theory and Semantic Theory 97 2. Types of Language 103 3. Canons of Interpretation 107 Chapter Five: The Purposive Component of Purposive Interpretation 110 1. The Essence of Purpose 110 2. Multiple Purposes 113 Chapter Six: Subjective Purpose: Authorial Intent 120 1. The Essence of Subjective Purpose 120 2. Abstract Purpose and Concrete Purpose 126 3. Subjective Purpose and the Problem of Multiple Authors 129 4. Sources of Subjective Purpose 135 5. Subjective Purpose as a Presumption about the Text's Purpose 145 Chapter Seven: Objective Purpose: Intent of the Reasonable Author; Intent of the System 148 1. The Essence of Objective Purpose 148 2. Sources of Objective Purpose: Internal and External 157 3. Presumptions of Objective Purpose 170 4. Contradictions between Purposive Presumptions 176 Chapter Eight: The Purposive Component: Ultimate Purpose 182 1. The Weight of Subjective and Objective Purpose in Determining Ultimate Purpose 182 2. Type of Text: Will, Contract, Statute, and Constitution 185 3. Type of Text: The Effect of a Text's Age on Its Ultimate Purpose 191 4. Type of Text: Distinguishing Texts by Scope of Issues Regulated 193 5. Type of Text: Changes in Regime Character and Society's Fundamental Assumptions 195 6. Type of Text: Texts Based on Rules and Texts Based on Standards 197 7. Type of Text: Content of the Provision 200 8. The Effect of Type of Text on Ultimate Purpose 203 9. Formulating Ultimate Purpose 205 Chapter Nine: Discretion as a Component in Purposive Interpretation 207 1. The Essence of Judicial Discretion 207 2. Situations of Judicial Discretion 214 Chapter Ten: The Theoretical Basis for Purposive Interpretation 218 1. The Need to Justify a System of Interpretation 218 2. Social Support for Purposive Interpretation 221 3. Jurisprudential Support for Purposive Interpretation 224 4. Hermeneutic Considerations in Favor of Purposive Interpretation 230 5. Constitutional Considerations in Favor of Purposive Interpretation 233 Chapter Eleven: Purposive Interpretation and Its Critique of Other 260 Systems of Interpretation 1. Purposive Interpretation and Subjective Systems of Interpretation 260 2. Purposive Interpretation and Objective Systems of Interpretation: Textualism,"Old " and "New "269 3. Purposive Interpretation and Pragmatism 286 4. Purposive Interpretation and Dworkin's System of Interpretation 290 5. Purposive Interpretation and Free Interpretation 297 6. Critique of Purposive Interpretation and Some Responses 301 PART THREE INTERPRETATION IN LAW 305 Chapter Twelve: The Interpretation of Wills 307 1. The Uniqueness of a Will and How It Affects Interpretation 307 2. The Language of a Will 309 3. The Purpose of a Will 309 Chapter Thirteen: The Interpretation of Contracts 318 1. The Uniqueness of a Contract and How It Affects Interpretation 318 2. Contract Theory and Contractual Interpretation 321 3. The Purpose of a Contract 325 4. The Subjective Purpose of a Contract 326 5. Sources of Subjective Purpose 329 6. The Objective Purpose of a Contract 332 7. Presumptions for Identifying Objective Purpose 334 8. The Ultimate Purpose of a Contract 336 Chapter Fourteen: Statutory Interpretation 339 1. The Uniqueness of a Statute and How It Affects Interpretation 339 2. The Subjective Purpose of a Statute 341 3. Subjective Purpose Learned from the Language of a Statute 342 4. Subjective Purpose Learned from Sources External to the Statute: Legislative History 344 5. The Objective Purpose of a Statute 350 6. Sources of Objective Purpose 352 7. Presumptions of Objective Purpose 358 8. The Ultimate Purpose of a Statute 363 Chapter Fifteen: Constitutional Interpretation 370 1. The Uniqueness of a Constitution and How It Affects Interpretation 370 2. The Language of a Constitution 372 3. The Subjective Purpose of a Constitution 375 4. The Objective Purpose of a Constitution 377 5. Sources of Objective Purpose 377 6. The Ultimate Purpose of a Constitution 384 Appendix 1 The Structure of Legal Interpretation 395 Appendix 2 Purposive Interpretation 396 Appendix 3 Weighting Subjective and Objective Purposes 397 Index 399
£35.70
Harvard University Press Justice among Nations A History of International
Book SynopsisStephen Neff tells the story of how international law has been formulated, debated, contested, and put into practice from ancient times to the present. He avoids technical jargon in this survey of doctrines from natural law to feminism, and of practice from the Warring States of China to international criminal courts today.Trade ReviewJustice among Nations is by far the best general survey of the history of international law to date. It will be mandatory reading for both students and scholars in the field. -- Randall Lesaffer, author of European Legal History: A Cultural and Political PerspectiveLike Vattel’s 1758 Law of Nations, this sparkling and intelligent history is intended for a broad audience. Vattel reached his audience: George Washington and other Founding American Fathers are known to have possessed copies. Their vision for the new United States in the world was plainly influenced by it. Neff’s Justice among Nations refreshes Vattel for our time and our even more pressing need to understand what international law is and what it can accomplish for our common humanity. -- Mary Ellen O’Connell, author of The Power and Purpose of International Law: Insights from the Theory and Practice of Enforcement
£42.46
Princeton University Press A Modern Legal Ethics
Book SynopsisProposes a renovation of legal ethics, one that contributes to ethical thought generally. This title reinterprets the positive law governing lawyers to identify fidelity as its organizing ideal. It asks what it is like - not psychologically but ethically - to practice law subject to the self-effacement that fidelity demands.Trade Review"[An] ambitious, original, and theoretically elegant book."--David Luban, Ethics "A Modern Legal Ethics is an intellectual whirlwind, sweeping from Aristotle and Kant to contemporary debates about impartial moral theory to the details of the Model Rules... What is most engaging is the question that drives Markovits throughout: is it possible for an adversary advocate today to have integrity?"--Benjamin C. Zipursky, Yale Law Journal "Markovits has given us in A Modern Legal Ethics a profound, provocative, and closely argued philosophical treatment of his subject."--Robert E. Rodes, Jr., American Journal of Jurisprudence "In a refreshing break from the positivist battle over the moral function of lawyers in an adversary system of adjudication, A Modern Legal Ethics investigates whether it is even possible for lawyers to occupy an ethical role in modern society... This unique perspective on the legal profession is informed by a combination of legal literature and political philosophy that is sure to capture the attention of academics and practicing lawyers alike."--Harvard Law Review "What makes lawyers unhappy is books like this one."--Monroe H. Freedman and Abbe Smith, Michigan Law Review "Markovits' work is an intelligent and thorough investigation of the possibility for lawyers to escape the criticism that they are often serving injustice rather than justice."--Norbert Campagna, Ethical Perspectives "In this complex and thought-provoking work, Markovits makes an original and substantial contribution to the field of professional legal ethics."--Tim Murphy, International Journal of Law in ContextTable of ContentsAcknowledgments xi Introduction 1 Part I Adversary Advocacy Chapter 1: The Wellsprings of Legal Ethics 25 Chapter 2: The Lawyerly Vices 44 Chapter 3: The Seeds of a Lawyerly Virtue 79 Part II Integrity Chapter 4: Introducing Integrity 103 Chapter 5: An Impartialist Rejoinder? 118 Chapter 6: Integrity and the First Person 134 Part III Comedy or Tragedy? Chapter 7: Integration through Role 155 Chapter 8: Lawyerly Fidelity and Political Legitimacy 171 Chapter 9: Tragic Villains 212 Postscript 247 Notes 255 Index of Cases Cited 341 Index of Model Rules and Other Authorities 347 Index of Subjects 351
£25.20
Cornell University Press Universal Human Rights in Theory and Practice
Book SynopsisIn the third edition of his classic work, revised extensively and updated to include recent developments on the international scene, Jack Donnelly explains and defends a richly interdisciplinary account of human rights as universal rights. He shows that any conception of human rights—and the idea of human rights itself—is historically specific...Trade ReviewEvery once in a while a book appears that treats the leading issues of a subject in such a clear and challenging manner that it becomes central to understanding that subject. Universal Human Rights in Theory and Practice is just such a book. Donnelly's interpretations are clear and argued with zest. * American Political Science Review *This wide-ranging book looks at all aspects of human rights, drawing on political theory, sociology, and international relations as well as international law. * Foreign Affairs *What Donnelly does better than anyone else is to lay before the reader a coherent conceptual framework for an understanding of international human rights as an operative part of international life. The book remains at the top of any bibliography of indispensable books dealing with human rights. * Human Rights & Human Welfare *Table of ContentsPreface to the Third EditionIntroductionPart I. Toward a Theory of Human Rights1. The Concept of Human RightsHow Rights WorkSpecial Features of Human RightsHuman Nature and Human RightsHuman Rights and Related PracticesAnalytic and Substantive TheoriesThe Failure of Foundational AppealsCoping with Contentious Foundations2. The Universal Declaration ModelThe Universal DeclarationThe Universal Declaration ModelHuman Dignity and Human RightsIndividual RightsInterdependence and IndivisibilityThe State and International Human RightsRespecting, Protecting, and Providing Human RightsRealizing Human Rights and Human Dignity3. Economic Rights and Group RightsThe Status of Economic and Social RightsGroup Rights and Human Rights4. Equal Concern and RespectHegemony and Settled NormsAn Overlapping Consensus on International Human RightsMoral Theory, Political Theory, and Human RightsEqual Concern and RespectToward a Liberal Theory of Human RightsConsensus: Overlapping but BoundedPart II. The Universality and Relativity of Human Rights5. A Brief History of Human RightsPolitics and Justice in the Premodern Non-Western WorldThe Premodern WestThe Modern Invention of Human RightsThe American and French RevolutionsApproaching the Universal DeclarationExpanding the Subjects and Substance of Human Rights6. The Relative Universality of Human Rights"Universal" and "Relative"The Universality of Internationally Recognized Human RightsThree Levels of Universality and ParticularityRelative Universality: A Multidimensional Perspective7. Universality in a World of ParticularitiesCulture and the Relativity of Human RightsAdvocating Universality in a World of ParticularitiesPart III. Human Rights and Human Dignity8. Dignity: Particularistic and Universalistic Conceptions in the WestDignitas: The Roman Roots of DignityBiblical Conceptions: Kavod and Imago DeiKantRights and Dignity in the WestDignity and the Foundations of Human Rights9. Humanity, Dignity, and Politics in Confucian ChinaCosmology and EthicsConfucians and the Early Empires“Neo-Confucianism” and Song Imperial RuleTwentieth-Century Encounters with “Rights”Human Rights and Asian Values10. Humans and Society in Hindu South AsiaCosmologySocial PhilosophyCasteHindu UniversalismOpposition to Caste DiscriminationHinduism and Human Rights in Contemporary IndiaPart IV. Human Rights and International Action11. International Human Rights RegimesThe Global Human Rights RegimePolitical Foundations of the Global RegimeRegional Human Rights RegimesSingle-Issue Human Rights RegimesAssessing Multilateral Human Rights MechanismsThe Evolution of Human Rights Regimes12. Human Rights and Foreign PolicyHuman Rights and the National InterestInternational Human Rights and National IdentityMeans and Mechanisms of Bilateral ActionThe Aims of Human Rights PolicyForeign Policy and Human Rights PolicyThe Limits of International ActionAppendix: Arguments against International Human Rights PoliciesPart V. Contemporary Issues13. Human Rights, Democracy, and DevelopmentThe Contemporary Language of LegitimacyDefining DemocracyDemocracy and Human RightsDefining DevelopmentDevelopment-Rights TradeoffsDevelopment and Civil and Political RightsMarkets and Economic and Social RightsThe Liberal Democratic Welfare State14. The West and Economic and Social RightsThe Universal Declaration of Human RightsDomestic Western PracticeThe International Human Rights CovenantsFunctional and Regional OrganizationsFurther Evidence of Western SupportUnderstanding the Sources of the MythWhy Does It Matter?15. Humanitarian Intervention against GenocideIntervention and International LawHumanitarian Intervention and International LawThe Moral Standing of the StatePolitics, Partisanship, and International OrderChanging Conceptions of Security and SovereigntyJustifying the Anti-genocide NormChanging Legal Practices“Justifying” Humanitarian InterventionMixed Motives and ConsistencyPolitics and the Authority to InterveneJudging the Kosovo InterventionDarfur and the Future of Humanitarian Intervention16. Nondiscrimination for All: The Case of Sexual MinoritiesThe Right to NondiscriminationNondiscrimination and Political StruggleDiscrimination against Sexual MinoritiesNature, (Im)morality, and Public MoralsStrategies for InclusionPaths of Incremental ChangeReferencesIndex
£21.59
Intersentia Publishers Methods of Human Rights Research
Book Synopsis
£44.65
Scarecrow Press There May Be Trouble Ahead A Practical Guide to
Book SynopsisTrade ReviewLex's practical guide provides a wonderful overview of the elements of patent asset management. It covers an amazing amount of ground in a relatively small number of pages. It provides excellent insights by someone who obviously has a lot of experience in the area. I would definitely recommend it as an addition to any intellectual asset management library. -- Harry J. Gwinnell, Vice President and Chief Intellectual Property Counsel, Cargill IncorporatedThis book is essential reading for patent professionals and executives responsible for managing patent assets. It highlights many of the ideas that an organization should focus on to manage its patent assets. Applying these concepts can help an organization of any size to understand the value of its portfolio and how to cost effectively exploit it. I share some of the ideas and concepts laid out in this book, and they have enabled Hitachi to generate substantial royalty income for years. People who wish to turn their IP assets into truly meaningful business assets should read this book. -- Yasuo Sakuta, Executive Officer of Intellectual Property Group, Hitachi, Ltd.This short book by Lex van Wijk is described as being a practical guide, and it lives up to this description. Many books and articles on patent asset management describe elaborate mathematical methods for calculating cash valuations of patent portfolios,and often seem to be out of touch with reality. This book gives a clear and simple approach to the evaluation of inventions and patents, and encourages companies to consider whether their patenting strategy really matches their business and R&D strategies. I thoroughly recommend this book to all patent attorneys working in industry, as well as to managers in need of an introduction to this subject... -- Dr. Philip Grubb, Author of Patents for Chemicals, Pharmaceuticals and BiotechnologyMany knowledge-based companies do not realise the importance of patent asset management until it is too late. The success of critical corporate events such as mergers, capital raisings or significant lawsuits can hinge on how effective a company has been in protecting and managing its intellectual property. This book provides the conceptual tools to address this issue. -- Dieter Turowski, Managing Director, Investment Banking Division, Morgan StanleyHaving served several large companies as a patent attorney, Wijk shares the fundamental elements of effective patent management for companies of any size, passing over such details as case law, national requirements, and litigation strategies. Among his topics are developing a patent strategy, evaluating inventions, and creating a new intellectual property culture. * Scitech Book News *Commercialisation of IP is now considered essential for success in business and indeed of the economies of nations. Trade Agreements take into account IP issues. This book provides an insight into the business world from an author who has experienced the development of IP awareness from its confined area of a few years ago to its broad recognition today. This is essential reading for managers and directors of companies with an interest in technological development and for patent professionals who now must not only obtain IP rights for clients but guide those clients on the appropriate use of it. This work does not resort to platitudes as many texts do and is therefore easily followed and its teachings remembered. An exercise in plain English. Much of what is taught is available elsewhere. This text puts it together for the benefit of the reader. The work does reveal the patent attorney background of the author but that is its strength, not a weakness. -- Malcolm Royal, Phillips Ormonde & FitzpatrickThis short book by Lex van Wijk is described as being a practical guide, and it lives up to this description. Many books and articles on patent asset management describe elaborate mathematical methods for calculating cash valuations of patent portfolios, and often seem to be out of touch with reality. This book gives a clear and simple approach to the evaluation of inventions and patents, and encourages companies to consider whether their patenting strategy really matches their business and R&D strategies. I thoroughly recommend this book to all patent attorneys working in industry, as well as to managers in need of an introduction to this subject. -- Dr. Philip Grubb, Author of Patents for Chemicals, Pharmaceuticals and BiotechnologyTable of ContentsPart 1 Foreword Part 2 Preface Part 3 Acknowledgments Chapter 4 1 Effective Patent Asset Management Chapter 5 2 Developing a Patent Strategy Chapter 6 3 Alignment of Strategies Chapter 7 4 Evaluating Inventions Chapter 8 5 Measuring the Performance of a Company's Patent Assets Chapter 9 6 Creating a New IP Culture Part 10 Bibliography Part 11 Legal Disclaimer Part 12 Index Part 13 About the Author
£40.50
Peter Lang AG Blankettstrafgesetze: Verfassungs- Und
Book SynopsisDas Nebenstrafrecht, insbesondere das Wirtschaftsstrafrecht, ist geprägt durch eine Fülle von Verweisungstechniken. Verweisungen stellen einerseits die Bestimmtheit des Tatbestands (Art. 103 Abs. 2 GG) in Frage, andererseits haben sie Bedeutung für Vorsatz und Irrtum des Täters. Bundesverfassungsgericht und Bundesgerichtshof unterscheiden zwischen Blanketten und normativen Tatbestandsmerkmalen. Der Irrtum über die Blankettverweisung führt regelmäßig zur Verurteilung aus dem Vorsatzdelikt, da er als vermeidbarer Verbotsirrtum behandelt wird. Für den Bürger sind diese Anforderungen an die Verbotskenntnis angesichts der Normenfülle und der komplexen Verweisungstechniken im Nebenstrafrecht jedoch praktisch unerfüllbar. Die Arbeit kategorisiert das Nebenstrafrecht anhand seiner Verweisungstechniken und untersucht, ob die eigenen verfassungs- und strafrechtlichen Prämissen die Rechtsprechung des Bundesgerichtshofs tragen. Nach eingehender Analyse der verfassungsrechtlichen Vorgaben und Abgrenzung, der Strafrechtsdogmatik und sprachphilosophischer Notwendigkeiten kommt die Verfasserin zu dem Ergebnis, daß nur die Gleichbehandlung von normativen Tatbestandsmerkmalen und Blanketten zu einer Irrtumsdogmatik führt, die dem Verfassungsrecht genügt.
£67.05
JCB Mohr (Paul Siebeck) Legislators, Judges, and Professors
Book SynopsisAs lawyers we are normally interested in various substantive areas of law; and as comparative lawyers we are interested in finding out about the differences and similarities between national legal systems. But from time to time we should also reflect on how we think and operate, and look at basic questions of legal methodology - both for the sake of understanding better what we do as lawyers immersed in our own legal systems and as lawyers attempting to assess and comprehend how foreign legal systems work. The nine essays in this volume are devoted to the topics of law-making today (with a focus on Japan, Turkey and Russia), judicial decision-making today (with a focus on England and Wales, Switzerland and Argentina), and legal scholarship today (with a focus on the United States, France and South Africa); and they thus revolve around the three protagonists of legal development: legislators, judges and professors.
£66.88
John Wiley & Sons Inc Mediation Ethics
Book SynopsisThis is the ground-breaking handbook of ethics written for conflict resolution professionals. It provides an indispensable daily tool for all practitioners in the field and offers a must-have resource for practitioners, professors, students, attorneys, and everyone in the field of meditation and alternate dispute resolution.Table of ContentsPreface ix Acknowledgments xiii 1 Values, Models, and Codes 1 2 Autonomy and Diminished Capacity 27 Commentators: Carol B. Liebman and Mary Radford 3 Autonomy and the Emotions 55 Commentators: Dorothy Della Noce and John Winslade 4 Disputant Autonomy and Power Imbalance 87 Commentators: Forrest S. Mosten and Bill Eddy 5 Tensions Between Disputant Autonomy and Substantive Fairness: The Misinformed Disputant 113 Commentators: Lela P. Love and Jacqueline Nolan-Haley 6 Information, Autonomy, and the Unrepresented Party 155 Commentators: Michael Moffitt and Dan Dozier 7 Mediating on the Wrong Side of the Law 177 Commentators: John Bickerman, Jeremy Lack, and Julie Macfarlane 8 Mediating with Lies in the Room 199 Commentators: Dwight Golann and Melissa Brodrick 9 Confidentiality 227 Commentators: Bruce Pardy and Charles Pou 10 Confidentiality Continued: Attorney Misconduct or Child Abuse 255 Commentators: Art Hinshaw and Gregory Firestone 11 Conflicts of Interest 277 Commentators: Bruce E. Meyerson, Wayne Thorpe, Roger Wolf, and Susan Nauss Exon 12 Mediating Multiculturally: Culture and the Ethical Mediator 305 Commentators: Carrie Menkel-Meadow and Harold Abramson 13 Ethics for ADR Provider Organizations 339 Commentators: Phyllis Bernard and Susan M. Yates Appendix: Model Standards of Conduct for Mediators 369 Notes 381 The Editor 419 The Contributors 421 Index 431
£45.00
State University Press of New York (SUNY) The Rules of Insanity Moral Responsibility and
Book SynopsisAddresses the question: Can we apply ordinary standards of responsibility to the mentally disordered offender?
£20.99
Taylor & Francis Ltd Crime and Criminal Justice The International
Book SynopsisFocusing on the relationship between law and communities, this volume critically examines the ways that the incarceration explosion, the disproportionate number of African-Americans in American prisons and various forms of racial profiling (policing motorists, juror narratives, campaigns playing the race card, for instance) concentrate disadvantage and make salient political challenges to prevailing understandings of the relationship between crime, punishment, and governance.Table of ContentsContents: Series preface; Introduction. Police Powers: Street stops and broken windows: terry, race and disorder in New York City, Jeffrey Fagan and Garth Davies; Theorizing policing: the drama and myth of crime control in the NYPD, Peter K. Manning; The role of procedural justice and legitimacy in shaping public support for policing, Jason Sunshine and Tom R. Tyler; Schools as communities: the relationships among communal school organization, student bonding and school disorder, Allison Ann Payne, Denise C. Gottfredson and Gary D. Gottfredson; Legal cynicism and (subcultural?) tolerance of deviance: the neighborhood context of racial differences, Robert J. Sampson and Dawn Jeglum Bartusch. Racial Profiling: Deadly symbiosis: when ghetto and prison meet and mesh, Loïc Wacquant; Race and place: the ecology of racial; profiling African American motorists, Albert J. Meehan and Michael C. Ponder; Narratives of the death sentence: toward a theory of legal narrativity, Benjamin Fleury-Steiner; Executing Hortons: racial crime in the 1988 Presidential campaign, Tali Mendelberg; Racial typification of crime and support for punitive measures, Ted Chiricos, Kelly Welch and Marc Gertz.The Incarceration Explosion: Ballot manipulation and the 'menace of negro domination': racial threat and felon disenfranchisement in the United States, 1850-2002, Angela Behrens, Christopher Uggen and Jeff Manza; The impact of incarceration on wage mobility and inequality, Bruce Western ; The mark of a criminal record, Devah Pager;Coercive mobility and crime: a preliminary examination of concentrated incarceration and social disorganization, Todd R. Clear, Dina R. Rose, Elin Waring and Kirsten Scully; Why are US incarceration rates so high?, Michael Tonry. Political Challenges: The punishment across time and space: a pooled time-series analysis of imprisonment rates, David Jacobs and Jason T. Carmichael; The politics of punishing: building a state governance theory of American imprisonment, Vanessa Barker; The political response to black insurgency: a critical test of competing theories of the State, Richard C. Fording; Megan's Law: crime and democracy in late modern America, Jonathan Simon; The politics of crime and punishment, William Lyons and Stuart Scheingold; Name index.
£228.00
Pearson Education Law Express Human Rights
Book SynopsisClaire De Than is Director of Student Experience and a Senior Lecturer in Law at City University London.Table of ContentsContents Acknowledgements Introduction Guided tour Table of cases and statutes Chapter 1: The Human Rights Act 1998 Chapter 2: The European Convention on Human Rights Chapter 3: Police powers Chapter 4: Public order Chapter 5: Contempt of court Chapter 6: Privacy and secrecy Chapter 7: Obscenity Chapter 8: Terrorism Chapter 9: Discrimination And finally, before the exam . . . Glossary of terms Index
£15.64
Edward Elgar Publishing Ltd Empirical Legal Research in Action: Reflections
Book SynopsisEmpirical legal research is a growing field of academic expertise, yet lawyers are not always familiar with the possibilities and limitations of the available methods. Empirical Legal Research in Action presents readers with first-hand experiences of empirical research on law and legal issues.The chapters, written by an international cast of scholars, reflect on the methods that they have applied in their own empirical work, spanning a wide breadth of research from psychological experiments in personal injury to field studies in criminology. Empirical Legal Research in Action not only reviews the advantages, limitations and challenges that such methods pose but also considers the value of empiricism to lawyers and the law. Vitally, the contributions offer an academic reflection on methodological challenges, as well as the relevance, of empirical research for lawyers.This insightful book will be useful reading for academic researchers in law and for policymakers seeking to understand the methodological challenges of empirical work in legal research. Social sciences scholars will also find this book of interest to appreciate the multitude of methods in empirical legal research.Contributors include: B. Boppre, J. Crijns, P. Desmet, C. Engel, J. Etienne, I. Giesen, H. Grootelaar, P. Mascini, C.P. Reinders Folmer, M. Rorie, S.S. Simpson, W. Voermans, W.H. van Boom, K. van den Bos, I. van OorschotTrade Review'Many legal scholars and researchers would love to understand more about the mysterious world of empirical legal research. This wonderful collection distils the insight and experience of top empirical scholars in a way that is clear, easy to read and persuasively demonstrates the value of empirical research for legal doctrine. Highly recommended for anyone seeking to learn more about how to conduct empirical legal research or how to read and use empirical legal research in the practice and study of law.' --Christine Parker, The University of Melbourne, AustraliaTable of ContentsContents: 1. Empirical legal research: charting the terrain Willem H. van Boom, Pieter Desmet and Peter Mascini 2. Conducting experiments and surveys in the field of administrative justice: on the importance of fair procedures in governance Hilke A. M. Grootelaar and Kees van den Bos 3. Experimental criminal law: a survey of contributions from law, economics and criminology Christoph Engel 4. Experimental approaches to private law: the case of redressing personal injury Christopher P. Reinders Folmer 5. Factorial survey research in the study of environmental regulatory processes Melissa Rorie, Sally S. Simpson and Breanna Boppre 6. Case studies in administrative law: the example of self-reporting rules in the regulation of business activities Julien Etienne 7. Cases under construction Irene van Oorschot and Peter Mascini 8. A traditional lawyer’s perspective on the importance of ELS for legal scholarship Jan H. Crijns, Ivo Giesen and Wim Voermans Index
£103.55
