Methods, theory and philosophy of law Books

Book SynopsisEinleitung.- Methodische Grundlagen.- Kontextuelle Einordnung.- Analyse.- Fazit.

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Book SynopsisThis book introduces methods to analyze legal documents such as negotiation records and legal precedents, using computational argumentation theory.First, a method to automatically evaluate argumentation skills from the records of argumentation exercises is proposed. In law school, argumentation exercises are often conducted and many records of them are produced. From each utterance in the record, a pattern of “speech act +factor” is extracted, and argumentation skills are evaluated from the sequences of the patterns, using a scoring prediction model constructed by multiple regression analyses between the appearance pattern and the scoring results. The usefulness of this method is shown by applying it to the example case “the garbage house problem”. Second, a method of extracting factors (elements that characterize precedents and cases) and legal topoi from individual precedents and using them as the expression of precedents to analyze how the pattern of factors and legal topoi appearing in a group of precedents affects the judgment (plaintiff wins/defendant wins) is proposed. This method has been applied to a group of tax cases. Third, the logical structure of 70 labor cases is described in detail by using factors and a bipolar argumentation framework (BAF) and an (extended argumentation framework (EAF) together. BAF describes the logical structure between plaintiff and defendant, and EAF describes the decision of the judge. Incorporating the legal topoi into the EAF of computational argumentation theory, the strength of the analysis of precedents by combined use of factored BAF and EAF, not only which argument the judge adopted could be specified. It was also possible to determine what kind of value judgment was made and to verify the logic. The analysis methods in this book demonstrate the application of logic-based AI methods to the legal domain, and they contribute to the education and training of law school students in logical ways of argumentation.Table of ContentsChapter 1. Introduction .- Chapter 2. Related Research.- Chapter 3.- Factor-Based Argumentation Evaluation.- Chapter 4. Case Analysis Using Factors and Legal Topoi.- Chapter 5. Case Analysis for Case Law Education using Factors and Computational Argumentation Theory.- Chapter 6. Conclusion.

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Book SynopsisThis book organizes the intent and purpose of the Japanese competition law (Antimonopoly Act) to address the digitalized socio-economy and provides a detailed explanation of its basic content as well as advanced issues. It includes an overview of Japanese law and its international position, a basic understanding of the big data and AI issues in today's competition law, and perspectives on high-tech regulation. In addition, it includes a variety of important topics, ranging from exploring principles to tackle digital regulatory realities, to understanding and analyzing the competitive realities of multisided markets. It also examines the relationship between information and competition law and that between consumer and competition law.Digitalization is a key concept in our economy and society today. Carbon neutrality initiatives, the need to improve productivity, globalization, and new ways of working are all seeking breakthroughs by way of digitalization. What’s more, digitalization requires free and fair competition in order to encourage technological innovation. The search for transparent and clear competition laws is essential to promote efficient and effective research and development and to promote public awareness through competition.Table of ContentsPart 1. Introduction.- Chapter 1: Overview of Japanese Law.- Chapter 2 International Cooperation and Harmonization in Competition Law.- Part 2: Digital Initiatives in Japanese Competition Law.- Chapter 3: Big Data and AI.- Chapter 4: Big Data and AI-Chapter 5: Perspectives on High-Tech Regulation.- Part 3: The Realities of Various Digital Regulations.- Chapter 6: Data Regulation.- Chapter 7 Digital PF Regulation.- Chapter 8: Competition in Multisided Markets.- Chapter 9 Competition Law and Consumers in Digital Platforms.

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Book SynopsisReferred to as the "bible of American lawyers," Blackstone's "Commentaries" on the Laws of England shaped the principles of law in both England and America when its first volume appeared in 1765. This work examines why "Commentaries" became the knowledge that any lawyer needed to acquire.Table of ContentsForeword Preface Introduction I: The Law: Science and Mystery II: The Use of History III: The Tendency of History IV: The Use of Aesthetics V: The Limits of Reason VI: The Methods of Reason VII: Humanity VIII: Liberty IX: Property Conclusion: The Advantage of Being a Reasonable Creature Notes A Layman's Glossary Index

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Book SynopsisThis work describes the underlying principles that not only guide the law, but also moral decisions. Mixing wit with insight, anecdotes with analysis, the book uncovers what is really at stake in such crimes as insider trading, blackmail and plagiarism.

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Book SynopsisA study of American lawmaking showing that political parties are less important in legislative-executive politics than is commonly thought. The book argues that divided government has little effect on legislative productivity as gridlock occurs even in united legislative-executive governments.

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Book SynopsisA discussion of the diverse relationships between law and the artistic image. Topics addressed in the book include the history of the relationship between art and law, the ways in which the visual is made subject to the force of the law, and the relations between law, the image and identity.

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Book SynopsisA discussion of the diverse relationships between law and the artistic image. Topics addressed in the book include the history of the relationship between art and law, the ways in which the visual is made subject to the force of the law, and the relations between law, the image and identity.

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Book SynopsisHan Fei Tzu (280?-233 BC) was a prince of the ruling house of Han. A representative of the Fa-chia, or legalist, school of philosophy, he produced the final exposition of its theories. His handbook deals with the problem of preserving and strengthening the state.Table of ContentsForeward Preface Outline of Early Chinese History Introduction The Way of the Ruler On Having Standards The Two Handles Wielding Power The Eight Villanies The Ten Faults The Difficulties of Persuasion Mr. Ho Precautions Within the Palace Facing South The Five Vermin Eminence in Learning Index

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Book SynopsisDrawing on concepts taken from US law and legal theory, postmodernism and queer theory, as well as the author's own experience in the courtroom and classroom, this book examines the complexities of lesbian identity and the often detrimental ways in which legal scholarship approaches lesbianism.

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Book SynopsisDivided into three parts-History, Interpretation, and Practice-this provocative volume incorporates law, history, political theory, and philosophy to analyze the U.S. Constitution as a whole in relation to the rights and fate of women.Table of ContentsPreface Part I: History Women and Constitutional Interpretation: The Forgotten Value of Civic Friendship, by Sibyl A. Schwarzenbach Part II: Interpretation: The Founding Period Part III. Practice Representation of Women in the Constitution, by Jan Lewis Declarations of Independence: Women and Divorce in the Early Republic, by Norma Basch Who Are We Kidding? It Was All About Property Stupid: Notes on Basch and Lewis, by Carol Berkin Reconstruction Davis Women, Bondage and the Reconstructed Constitution, by Peggy Cooper The Unkept Promise of the 13th Amendment: A Call forReparations, by Adjoa Aiyetoro Women and the Welfare State The Culture of Work Enforcement: Race, Gender and U.S. Welfare Policy, by Francis Fox Piven The Silent Constitution: Affirmative Obligation and the Feminization of Poverty, by Patricia Smith The US Constitution in Comparative Context Federalism(s), Feminism, Families, and the Constitution, by Judith Resnik What's Privacy Got to Do With It? A Comparative Approach to the Feminist Critique, by Martha Nussbaum Women's Human Rights and the U.S. Constitution: Initiating a Dialogue, by Carol Gould Privacy and Family Law Battered Women, Feminist Lawmaking, Privacy and Equality, by Elizabeth Schneider Infringements of Women's Constitutional Rights in Religious Lawmaking on Abortion, by Lucinda Peach What Place for Family Privacy?, by Martha Fineman The Right of Privacy and Gay/Lesbian Sexuality: Beyond Decriminalization to Equal Recognition, by David Richards Women and Work The Gender of Discrimination: Race, Sex, and Fair Employment, by Eileen Boris Second Generation Employment Discrimination: A Structural Approach, by Susan Sturm Our Economy of Mothers and Others: Women and Economics Revisited, by Joan Williams Citizenship and the Equal Rights Amendment Women and Citizenship: the Virginia Military Institute Case, by Philippa Strum Heightened Scrutiny: An Alternative Route to Constitutional Equality for U.S. Women, by Cynthia Harrison Whatever Happened to the ERA?, by Jane Mansbridge

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Book SynopsisDivided into three parts-History, Interpretation, and Practice-this provocative volume incorporates law, history, political theory, and philosophy to analyze the U.S. Constitution as a whole in relation to the rights and fate of women.Table of ContentsPreface Part I: History Women and Constitutional Interpretation: The Forgotten Value of Civic Friendship, by Sibyl A. Schwarzenbach Part II: Interpretation: The Founding Period Part III. Practice Representation of Women in the Constitution, by Jan Lewis Declarations of Independence: Women and Divorce in the Early Republic, by Norma Basch Who Are We Kidding? It Was All About Property Stupid: Notes on Basch and Lewis, by Carol Berkin Reconstruction Davis Women, Bondage and the Reconstructed Constitution, by Peggy Cooper The Unkept Promise of the 13th Amendment: A Call forReparations, by Adjoa Aiyetoro Women and the Welfare State The Culture of Work Enforcement: Race, Gender and U.S. Welfare Policy, by Francis Fox Piven The Silent Constitution: Affirmative Obligation and the Feminization of Poverty, by Patricia Smith The US Constitution in Comparative Context Federalism(s), Feminism, Families, and the Constitution, by Judith Resnik What's Privacy Got to Do With It? A Comparative Approach to the Feminist Critique, by Martha Nussbaum Women's Human Rights and the U.S. Constitution: Initiating a Dialogue, by Carol Gould Privacy and Family Law Battered Women, Feminist Lawmaking, Privacy and Equality, by Elizabeth Schneider Infringements of Women's Constitutional Rights in Religious Lawmaking on Abortion, by Lucinda Peach What Place for Family Privacy?, by Martha Fineman The Right of Privacy and Gay/Lesbian Sexuality: Beyond Decriminalization to Equal Recognition, by David Richards Women and Work The Gender of Discrimination: Race, Sex, and Fair Employment, by Eileen Boris Second Generation Employment Discrimination: A Structural Approach, by Susan Sturm Our Economy of Mothers and Others: Women and Economics Revisited, by Joan Williams Citizenship and the Equal Rights Amendment Women and Citizenship: the Virginia Military Institute Case, by Philippa Strum Heightened Scrutiny: An Alternative Route to Constitutional Equality for U.S. Women, by Cynthia Harrison Whatever Happened to the ERA?, by Jane Mansbridge

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Book SynopsisRenowned political theorist Michael Zuckert examines the natural rights philosophy as expressed in sources like the Declaration of Independence, and aims to counter contemporary confusion by offering an insightful study of the concept that dominated the mindset of the founding generation of the United States.Trade Review"...highly intelligent and thoughtful.... There is much to praise in this book." —International Studies in Philosophy“In this important and engaging book . . . politicial theorist Michael P. Zuckert explores the central significance of the natural rights philosophy to the era of the American Revolution.” —American Historical Review“If a ‘real’ American is one who reasons exclusively from natural rights, then all ‘real’ Americans must presumably disavow utilitarianism and perhaps Kantianism as well—a provocative thesis to say the least. A broad implication of this book is that American political theory (from Jefferson up to Rawls and Nozick) is most essentially a history of attempts to articulate what it means to be an American. Zuckert nicely explains why natural rights figure so prominently in this history.” —Ethics"Zuckert's book is a powerful exposition of the most central political principles of the American founding. Its elegant articulation of its own thesis, together with its insightful analysis and critique of a wide variety of alternative views, makes it an extremely important contribution to debates on our national origins, which all serious students of the founding and of liberalism will have to confront." —First Things"Erudite, cogently argued, and beautifully written." —Choice“Zuckert’s arguments are clear, accessible, and make effective use of some fascinating historical documents. . . It offers an interesting and valuable historical context for the analysis of natural rights and their role in political society.” —Comptes rendus philosophiques (Philosophy in Review)“This study commands attention and stimulates disagreement.” —Journal of American Studies“The Natural Rights Republic contains many provocative ideas...Anyone who reads Zuckert’s book will learn much of value about the natural rights tradition in America.” —International Journal of the Classical Tradition“This book will likely come to be regarded as a magisterial treatment of the spiritual and theoretical underpinnings of the American founding. It should be read especially by those American Christians inclined to see their country’s founding principles as more Christian than they actually were.” —Calvin Theological Journal

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Book SynopsisIn The Natural Rights Republic, renowned political theorist Michael P. Zuckert examines the natural rights philosophy as expressed in sources like the Declaration of Independence and aims to counter contemporary confusion by offering an insightful study of the concept that dominated the mindset of the founding generation of the United States.Trade Review"...highly intelligent and thoughtful.... There is much to praise in this book." —International Studies in Philosophy“In this important and engaging book . . . politicial theorist Michael P. Zuckert explores the central significance of the natural rights philosophy to the era of the American Revolution.” —American Historical Review“If a ‘real’ American is one who reasons exclusively from natural rights, then all ‘real’ Americans must presumably disavow utilitarianism and perhaps Kantianism as well—a provocative thesis to say the least. A broad implication of this book is that American political theory (from Jefferson up to Rawls and Nozick) is most essentially a history of attempts to articulate what it means to be an American. Zuckert nicely explains why natural rights figure so prominently in this history.” —Ethics"Zuckert's book is a powerful exposition of the most central political principles of the American founding. Its elegant articulation of its own thesis, together with its insightful analysis and critique of a wide variety of alternative views, makes it an extremely important contribution to debates on our national origins, which all serious students of the founding and of liberalism will have to confront." —First Things"Erudite, cogently argued, and beautifully written." —Choice“Zuckert’s arguments are clear, accessible, and make effective use of some fascinating historical documents. . . It offers an interesting and valuable historical context for the analysis of natural rights and their role in political society.” —Comptes rendus philosophiques (Philosophy in Review)“This study commands attention and stimulates disagreement.” —Journal of American Studies“The Natural Rights Republic contains many provocative ideas...Anyone who reads Zuckert’s book will learn much of value about the natural rights tradition in America.” —International Journal of the Classical Tradition“This book will likely come to be regarded as a magisterial treatment of the spiritual and theoretical underpinnings of the American founding. It should be read especially by those American Christians inclined to see their country’s founding principles as more Christian than they actually were.” —Calvin Theological Journal

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Book SynopsisThis book argues that classical natural law jurisprudence provides a superior answer to the questions What is law? and How should law be made? rather than those provided by legal positivism and new natural law theories.What is law? How should law be made? Using St. Thomas Aquinas's analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the new natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas; the significTrade Review“The book is nothing short of a masterpiece. It is truly a tour de force that articulates and defends the classical understanding of natural law against detractors (and reformers) of both yesteryear and today. With this book, Brian McCall has established himself as, arguably, the leading natural law luminary in American legal academia.” —Ronald J. Colombo, Maurice A. Deane School of Law at Hofstra University“The Architecture of Law makes a masterful contribution to constructive jurisprudence in the best tradition of the ongoing encounter between reason and Christian faith. Erudite yet unpretentious, insightful yet careful, McCall’s account of human lawmaking starts at the beginning, where one should indeed start, and then gradually shows the reader exactly why law is correctly defined, pace most modern accounts, as a ‘dialectic among reason, command, and custom.’ This book offers a challenging, fascinating, but consistent journey for the reader. It is an outstanding piece of work.” —Patrick McKinley Brennan, Villanova University"Drawing on the best resources of Roman law, classical canon law, Catholic theology, perennial philosophy, and positivist, historicist, and natural law jurisprudence, Brian McCall constructs a dynamic account of law that refuses to leave anything important out. Erudite yet unpretentious, this book is the modern jurisprudential equivalent of the greatest medieval cathedrals. Offering shelter to all, it appeals to our capacity to construct law that is worthy of our better angels, while never mistaking men-as-they-happen-to-be for angels." —Patrick Brennan, John F. Scarpa Chair in Catholic Legal Studies, Villanova University“While committed opponents of traditional natural law nay not be convinced, McCall’s presentation is nonetheless extremely lucid, clear and thought-provoking for those who have become uncomfortable with the supposedly self-evident principles of modern jurisprudence—principles which deny any real connection between law and morality and nature.” —Catholic Herald“[The Architecture of Law] is worth reading. Those not immersed in the classical tradition will benefit from this introduction to some of its lesser-known themes. . . . Those who know the tradition well will find in McCall’s expression of it fresh and challenging glosses and close attention to its most vexing questions.” —Law and Liberty“Professor McCall issues a clarion call to return to classical sources, most notable Thomas Aquinas, in order to evaluate and appreciate the essential role of natural law within the whole structure of the law.” —Ecclesiastical Law Journal“. . . a bold, thoughtful, and cogent defense of classical natural law theory and its relevance for the contemporary theory and practice of law. This book deserves wide attention from legal scholars as well as theologians and historians of law.” —Journal of Law and Religion

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Book SynopsisFictions, Lies, and the Authority of Law discusses legal, political, and cultural difficulties that arise from the crisis of authority in the modern world.Is there any connection linking some of the maladies of modern lifecancel culture, the climate of mendacity in public and academic life, fierce conflicts over the Constitution, disputes over presidential authority? Fictions, Lies, and the Authority of Law argues that these diverse problems are all a consequence of what Hannah Arendt described as the disappearance of authority in the modern world. In this perceptive study, Steven D. Smith offers a diagnosis explaining how authority today is based in pervasive fictions and how this situation can amount to, as Arendt put it, the loss of the groundwork of the world.Fictions, Lies, and the Authority of Law considers a variety of problems posed by the paradoxical ubiquity and absence of authority in the modern world. Some of these problems are jTrade Review“It is hard to break new ground in thinking about the nature and practice of authority, but Smith’s book, with its introduction of the idea of a fiction into the existing understanding, does just that. And the book’s careful and creative use of multiple philosophical and social science disciplines is an added and unusual benefit.” —Frederick Schauer, author of The Force of Law"In this provocative and illuminating work, one of our most insightful legal thinkers explores the nature of real authority. Steven Smith reveals that a loss of authority would be far from liberating. Instead he offers a hopeful account of how genuine authority exists and provides us with a firm place on which to stand." —Richard Garnett, co-editor of First Amendment Stories"As he has so often in his previous work, Steven Smith leads us to see familiar concepts in a new light and brings to bear a wide range of disciplines to conversations about law and legal theory. In this work, our understanding of authority gets the Smith treatment, and the result is an imaginative and critical contribution to the literature on legal authority." —Michael P. Moreland, director of the Eleanor H. McCullen Center for Law, Religion and Public Policy, Villanova University"As Smith argues, a good legal fiction must be both plausible and beneficial, else we have little reason to play along with it. But what makes the fiction plausible?" —Public Discourse"[This book's] intelligence, clarity, and candor make it a fine example of what a work of legal theory ought to be. Although legal authority has been much studied, Smith sheds new light on it." —The Review of PoliticsTable of ContentsPrologue: The Puzzling (Alleged) Disappearance of Authority 1. The Fictional Foundations of (Modern) Political Authority 2. Fictional Authority and the Problem of Constitutional Interpretation 3. Our Quasi-Fictional Government 4. From Political Fictions to “Living with Lies” 5. Authority and Faux Authority 6. Is Genuine Authority Possible? Epilogue: Authority Outside the Cave?

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Book SynopsisTrade Review"A skillful, multidisciplinary collection by China specialists, this volume treats fazhi (the rule of law) as it relates conceptually and practically to historical and contemporary China." * Choice *Table of ContentsForeword Acknowledgments Introduction: The Problem of Paradigms 1. Conceptions and Receptions of Legality: Understanding the Complexity of Law Reform in Modern China 2. Law, Law, What Law? Why Western Scholars of China Have Not Had More to Say about Its Law 3. Using the Past to Make a Case for the Rule of Law 4. Rule of Man and the Rule of Law in China: Punishing Provincial Governors during the Qing 5. Collective Responsibility in Qing Criminal Law 6. True Confessions? Chinese Confessions Then and Now 7. Law and Discretion in Contemporary Chinese Courts 8. Equality and Justice in Official and Popular Views about Civil Obligations: China and Taiwan 9. Language and Law: Sources of Systemic Vagueness and Ambiguous Authority in Chinese Statutory Language 10. The Future of Federalism in China 11. The Rule of Law Imposed from Outside: China's Foreign-Oriented Legal Regime since 1978 Epilogue: The Deep Roots of Resistance to Law Codes and Lawyers in China Contributors Index

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Book SynopsisWhat can forgiveness achieve in this age of resentment?

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Book SynopsisThis collection of essays demonstrates that the death of democracy and the rise of fascism during the first half of the 20th century suggest crucial lessons for contemporary political and legal scholars. It includes writings on constitutionalism, political freedom, and both Nazi and liberal law.

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Book SynopsisDrawing upon his discourse theory, Jurgen Habermas has elaborated an account of law that purports to bridge the gap between democracy and rights, by conceiving law to be at once self-imposed and binding. His proceduralist paradigm of law and further explorations by others are included.

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Book SynopsisThis carefully selected set of readings presents some of the most important articles in the field. The collection is essential reading for anyone with an interest in legal philosophy. Gathers together some of the most important articles in the field of philosophy of law and legal theory. Complements Dennis Patterson''s A Companion to Philosophy of Law and Legal Theory (Blackwell, 1999). Represents essential reading for the beginning law student. Trade Review‘Patterson collects fifteen of the classic articles in legal theory and presents them whole. The book provides an excellent introduction to several of the major topics making it useful both as a student text and as a sourcebook for academics and non-academics alike.’ Larry Alexander, University of San Diego School of Law ‘A wonderful selection from the classics in legal theory. It should prove an excellent and invaluable text for classroom use.’ Brian Bix, University of Minnesota, author of Jurisprudence: Theory and Context ‘Dennis Patterson has produced a fine anthology, one that will be particularly useful for those interested in learning about recent debates in analytic jurisprudence.’ Jeremy Waldron, Columbia Law SchoolTable of ContentsAcknowledgments vii Introduction 1 Part I Nature of Law 7 1 The Path of the Law 9 O. W. Holmes 2 A Realistic Jurisprudence ­– The Next Step 22 Karl Llewellyn 3 The Model of Rules 46 Ronald Dworkin Part II Relation of Law and Morality 67 4 Positivism and the Separation of Law and Morals 69 H. L. A. Hart 5 Positivism and Fidelity to Law: A Reply to Professor Hart 91 Lon L. Fuller 6 Negative and Positive Positivism 116 Jules L. Coleman 7 On the Incoherence of Legal Positivism 134 John Finnis Part III Theories of Adjudication 145 8 Hard Cases 147 Ronald Dworkin 9 What has Pragmatism to Offer Law? 180 Richard A. Posner Part IV Legal Indeterminacy 191 10 Form and Substance in Private Law Adjudication 193 Duncan Kennedy 11 Legal Indeterminacy 253 Ken Kress Part V Rights and other Legal Concepts 293 12 Some Fundamental Legal Conceptions as Applied in Judicial Reasoning 295 Wesley N. Hohfeld Part VI The Autonomy of Law and Legal Reasoning 323 13 Legal Formalism: On the Immanent Rationality of Law 325 Ernest J. Weinrib 14 Law as Interpretation 374 Ronald Dworkin 15 The Problem of Social Cost 389 Ronald H. Coase Index 420

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Book SynopsisThis book offers an account of the surprising interaction between trauma and justice. Moving from texts by Arendt, Benjamin, Freud, Zola, and Tolstoy to the Dreyfus and Nuremberg trials, and the trials of O. J. Simpson and Adolf Eichmann, Felman argues that the adjudication of collective traumas in the 20th century transformed both culture and law.Trade ReviewI have always been an unconditional admirer of Shoshana Felman's critical writing. I don't recall ever having read a flat or flabby paragraph from her pen; rather, she hones her writing so perfectly that it enables her to make the most sensitive arguments in the strongest and clearest way. Her interest has always been in the coming to expression, under various names (madness, woman, trauma…) of what she here ends up calling, after Walter Benjamin, the "expressionless." In that respect her new book, as firmly and subtly written and as absorbing as her previous ones, forms something of a "capstone" to her work. She turns here to trials, and specifically to trials that are perceived as historic; such trials, she argues, are in a complex relation to collective traumas that they partially serve to contain and even silence, but which can also emerge from invisibility in them, sometimes transforming the law itself in the process. -- Ross Chambers, Distinguished Professor of French and Comparative Literature at the University of MichiganIn this extraordinarily engaging and provocative study, paradoxically, the failure of the trial may indicate its "speaking power." -- Harriet Murav * Comparative Literature Studies *Table of ContentsAcknowledgments Introduction 1. The Storyteller's Silence: Walter Benjamin's Dilemma of Justice 2. Forms of Judicial Blindness, or the Evidence of What Cannot Be Seen: Traumatic Narratives and Legal Repetitions in the O. J. Simpson Case and in Tolstoy's The Kreutzer Sonata 3. Theaters of Justice: Arendt in Jerusalem, the Eichmann Trial, and the Redefinition of Legal Meaning in the Wake of the Holocaust 4. A Ghost in the House of Justice: Death and the Language of the Law Abbreviations Notes Index

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Book SynopsisIt cannot be fair that wealthy people enjoy better legal outcomes. That is why Frederick Wilmot-Smith argues that justice requires equal access to legal resources. At his most radical, he urges us to rethink the centrality of the market to legal systems, so that those without means can secure justice and the rich cannot escape the law’s demands.Trade ReviewAt the core of this book is the ethos of fair distribution upon citizens of the benefits and burdens of the justice system…This book is an essential read for all interested in the rule of law. -- Kirsty Brimelow * The Times *Like many judges and former judges, I have long been affronted by serious gaps in access to justice. I have never come across any work which discusses the topic with anything approaching the breadth, depth, or rigor of Frederick Wilmot-Smith’s important book. I have some doubts about his proposal, which is radical indeed. But the ball is now very firmly in the court of those who disagree. -- David Neuberger, former President of the Supreme Court of the United KingdomEngaging and provocative…Other work has considered the case for deprivatization of legal-services markets but never with the resolute philosophical grounding that Wilmot-Smith brings to bear…Draws richly deserved attention to the abject failures of laissez-faire in serving the legal needs of the less advantaged. -- Myriam Gilles and Gary Friedman * Yale Law Journal *[An] important book…Nowhere has there been any sustained consideration of how the structure of a legal system might affect the justice of laws, or what a just system of administration of laws would be. This is the gap which this book seeks to fill and it does so most impressively…Very thought provoking. I cannot recommend it too highly to anyone who is interested in the fundamental question of what makes a legal system just. -- John Dyson * Middle Templar *Makes a strong case for significant (and perhaps radical) legal reform…[Wilmot-Smith] promises to present a framework to structure future discussions, and I believe that he achieves this in this book. Everyone benefits from a just legal system as proposed by the author and we owe it to ourselves to explore this theory further. -- Martine Dennie * Labour/Le Travail *Essential for anyone interested in the justice of legal systems. It is also of considerable interest to political philosophers concerned to work out the institutional implications of egalitarianism. -- James Lindley Wilson * Mind *While many scholars have inquired into problems associated with ‘access to justice,’ fewer have asked the question of how, in general, a legal system ought to be designed to administer justice justly, and hardly any have offered a general and systematic political-philosophical account of what it would mean for individuals to have equal access to legal representation and courts. Equal Justice is a brilliant, nuanced, and timely exploration of these very important topics. -- John Goldberg, Carter Professor of General Jurisprudence, Harvard UniversityStimulating, clear, well-written, and persuasive, Equal Justice is a welcome contribution to a discussion that has been taking on recent importance in legal and political philosophy, focusing not so much on law and its nature but on the value of legality as it applies to how a political community governs itself. -- Bradley Wendel, Cornell UniversityWhole libraries have been devoted to justice in the substantive law, but, startlingly, no theoretically engaged book exists addressing justice in the legal system—asking what justice requires of the institutions that collectively administer the law. Frederick Wilmot-Smith’s Equal Justice brilliantly fills this void. Full of sophisticated arguments beautifully presented—for example, that lawyers should not be allocated based on ability to pay because a just distribution of legal resources is constitutive of a just market—this book at once demands and repays close reading from anyone concerned with achieving justice under law. -- Daniel Markovits, Yale Law School

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Book SynopsisNatural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.Trade ReviewHelmholz’s survey is thorough and reliable. -- J. Simeone * Choice *

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Book SynopsisEpstein offers a sophisticated agenda for comprehensive social reform that undoes much of the mischief of the modern regulatory state. At a time when most Americans have come to distrust government at all levels, Epstein shows how a consistent application of economic and political theory allows us to steer between too much and too little.Trade ReviewA book called 'The Death of Common Sense: How Law is Suffocating America' by attorney Philip Howard has captured the attention of Washington's policy community with its maddening accounts of overzealous regulation and complex litigation. But Mr. Howard's appeal for enforcing rules with a dose of common sense never sets forth a framework for bringing about legal simplification. That's why Richard Epstein's new book...is such a suitable companion to Mr. Howard's battle cry. Mr. Epstein...believes that the traditional common law is actually more attuned to the modern world...He argues that the more complex the world, the less bureaucrats and lawmakers can know about how everything interacts, and the more perverse and inefficient the law will become...Mr. Epstein's relentlessly logical arguments tell us why we should return to the tried-and-true rules of the common law. Like manners, the common law has proven useful and long lasting precisely because it is so well-suited to a world of strangers. -- John H. Fund * Wall Street Journal *Richard A. Epstein, a professor of law at the University of Chicago, has a record of proposing radical and extreme alterations in key areas of law--alterations that perhaps initially could be dismissed as so far from the center of legal thinking as to be of only theoretical interest but then turn out to have much more political life in them than one could have thought possible...Mr. Epstein has to be taken seriously, and not only because of the power of his reasoning and his authoritative command of the common law and political philosophy...The reasoning is strong, the knowledge of specific areas of policies is deep, and behind them stands his basic commitment to a more productive and efficient society...It is bracing to undergo a cold bath in the pure doctrine of the simple rules, and in many areas they will give us some practical guidance. -- Nathan Glazer * New York Times Book Review *Simple Rules for a Complex World is a clear, consistent, libertarian economic approach to the law that should keep you interested from start to finish. -- Charles W. Chesbro * Trial *This book is a tour de force of legal history and analysis. It would have been timeless in any event, but the current Congress' agenda makes it timely as well. Property rights, product and professional liability, a flat tax and environmental protection are now front and center; labor law reform and comparable worth may soon crowd their way onto the agenda as well. Long-range vision and wisdom are too seldom combined with topical analysis, but Simple Rules for a Complex World has this invaluable quality...What Mr. Epstein has accomplished, then, is not the fabrication of a framework but the distillation of one. He has articulated and rationalized basic principles of law in a creative way that shows these principles to have both historical and theoretical primacy. At a time when much legal scholarship is devoted to the deconstruction of the root of our legal order, Mr. Epstein has written a book of reconstruction. -- Roger Clegg * Washington Times *A persuasive argument for the American legal system's return to the common-sense rules of common law, by a distinguished professor at the University of Chicago. * Chicago Tribune *Table of ContentsPreface Introduction: Too Many Lawyers, Too Much Law PART 1: CUTTING THROUGH COMPLEXITY 1. The Virtues of Simplicity 2. The Enemies of Simplicity PART 2: THE SIMPLE RULES 3. Autonomy and Property 4. Contract 5. Torts 6. Necessity, Coordination, and Just Compensation 7. Take and Pay PART 3: THE RULES IN ACTION 8. Contracting for Labor 9. Employment Discrimination and Comparable Worth 10. Professional Liability for Financial Loss 11. The Origins of Product Liability Law 12. The Contemporary Product Liability Scene 13. The Internal Life of the Corporation 14. The Corporation and the World 15. Environmental Protection and Private Property Conclusion: The Challenges to Simple Rules Notes Index of Statutes Index of Cases General Index

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Book SynopsisAs readers of Russian literature know, the nineteenth century was a time of pervasive financial anxiety. Russians of all classes were enmeshed in networks of credit and debt, and borrowing and lending shaped perceptions of material and moral worth. Sergei Antonov recreates this imperial world of borrowers, bankrupts, lenders, and loan sharks.Trade ReviewSergei Antonov introduces us to an imperial Russia in which aristocratic sons borrowed from usurers for their military uniforms and gambling debts and landowners borrowed money from serfs they owned and had mortgaged as collateral for other loans. With imagination and rich detail, he shows how informal personal credit pervaded every aspect of culture, society, and government, undergirding the social order and an entire regime of private property ownership. Bankrupts and Usurers of Imperial Russia is a masterly addition to the new cultural and social history of debt. -- Bruce H. Mann, author of Republic of Debtors: Bankruptcy in the Age of American IndependenceAntonov is a pioneer in the use of sources about private moneylending as a lens onto the tsarist social order. He is a keen analyst of large-scale processes, but his book is also highly readable and brings everyday imperial Russia to life. Bankrupts and Usurers of Imperial Russia is an important scholarly intervention, one built on archival sleuthing, expertise in social and legal history, a skillful integration of Russian developments into a global context, and a solid familiarity with the Western, imperial Russian, Soviet, and post-Soviet Russian literature. -- Alexander M. Martin, author of Enlightened Metropolis: Constructing Imperial Moscow, 1762–1855From humble peasants to wealthy aristocrats, Russian pre-revolutionary society was permeated by the bonds of debt. Antonov’s meticulously researched and beautifully written book uncovers the circuits of unofficial credit relations that existed outside of the state banking system. It tells the stories of tragic bankruptcies and prodigious fortunes, family strife, legal battles, and reconciliations between debtors and usurers. This is an important study that fundamentally recasts our understanding of the legal regimes, economy, and sociability of credit in imperial Russia. -- Ekaterina Pravilova, author of A Public Empire: Property and the Quest for the Common Good in Imperial Russia

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Book SynopsisThis innovative book tells the fascinating tale of the long histories of violence, punishment, and the human body, and how they are all connected.Trade ReviewWinner of the Choice award for Outstanding Academic Title “Pieter Spierenburg is one of the world’s experts on the history of violent crime, and his writings are filled with fascinating facts and thought-provoking insights. The essays in this volume will inform and stimulate anyone interested in human violence and its history.” Steven Pinker, Harvard University “Pieter Spierenburg is our leading student of the civilizing process in punishment and society. Violence and Punishment ties together decades of research into the dynamics of violence and state formation; truly the definitive work on the topic.” Jonathan Simon, University of California Berkeley “With this strong new addition to his previous work, Pieter Spierenburg consolidates his position as Europe's leading historian of violence.” Roger Lane, Haverford CollegeTable of ContentsIntroduction: Violence and Punishment within Civilizing Processes page 1 PART ONE Violence 1 Long-Term Trends in Homicide: Amsterdam, Fifteenth–Twentieth Centuries 19 2 Homicide and the Law in the Dutch Republic: A Peaceful Country? 39 3 Violence and Culture: Bloodshed in Two or Three Worlds 57 PART TWO Punishment and Social Control 4 Punishment, Power and History: Foucault and Elias 75 5 Monkey Butt’s Mate: On Informal Social Control, Standards of Violence and Notions of Privacy 92 6 "The Green, Green Grass of Home:" Refl ections on Capital Punishment and the Penal System in Europe and America from a Long-Term Perspective 104 PART THREE Civilizing the Body in Human History 7 Elites and Etiquette: Changing Standards of Personal Conduct in the Netherlands until 1800 129 8 Civilizing Celebrations: An Exploration of the Festive Universe 151 9 The Body’s End: Death and Paradise in Human History 163 Epilogue: A Personal Recollection of Norbert Elias and How I Became a Crime Historian 174 Notes 181 Archival Sources 200 Bibliography 201 Index 221

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Book SynopsisCrime is a source of endless fascination and fear. Yet behind the apparent consensus that crime must be fought, there is considerable conflict about what should or should not be treated as criminal, and even the most shocking crimes can inspire divisive debate. This concise book explores the seemingly simple, common-sense concept of crime revealing the huge complexities, ambiguities and tensions that lie beneath it. Criminal law is often at odds with different moral perspectives and the practices of different cultures. The mass media distort the picture profoundly, as do politicians in pursuit of law and order votes. The criminal justice system tackles only a limited range of crimes ? almost entirely ones committed by the poor and relatively powerless ? while often neglecting the most dangerous and harmful activities of corporations and states, from the carnage of unjust wars to the tragedies engendered by austerity. It is only by examining the multiple and varied perspectTrade Review"This book displays in abundance the hallmarks of Robert Reiner�s work: it synthesizes a vast amount of literature and data into a remarkably accessible and compelling narrative, and it is both sociologically dispassionate and morally serious about its subject matter. The result is an accomplished introduction to the concept of crime." Ian Loader, University of Oxford "'Crime' is a keyword in contemporary politics and culture: widely used, powerfully consequential, and – for all its seeming simplicity – deeply complex and contested. In this masterly account, Robert Reiner traces the concept�s multiple meanings and ramifications, its role in criminological theory and political discourse, and its intimate association with the history of capitalism. This is an essential, eye-opening guide to one of the central issues of our time." David Garland, New York University "Reiner is one of the few writers who can combine breadth with depth, sophistication and clarity. [�] The end result is not merely a very good introductory textbook but a sophisticated discussion of the various meanings of crime, full of critical evaluative moments that encourage students to move on from current orthodoxies. [�] Useful right through from first-year to Masters criminology and related disciplines, this book is, for me, the best short overview of the concept of crime on the market." Steve Hall, Policing and Society "Reiner brings together a vast amount of literature, and makes a compelling case." Professional Security Magazine Online "Crime is a succinct and eminently readable work that is none the worse for its occasional streak of combativeness. Notwithstanding the variety of topics covered, Reiner�s writing is invariably clear, rich in detail and draws on a variety of theoretical and empirical studies." LSE Review of Books "The more you read, the more you become aware that your view of crime is probably ill-judged and subjective, usually based on ignorance or a low-level desire to punish a hurt you think you�ve suffered� �Crime� is well worth the effort of reading."Tribune Magazine "Useful right through from first-year to Masters criminology and related disciplines, this book is, for me, the best short overview of the concept of crime on the market." Policing & Society "Much of the book is essentially introductory, providing a lucid and readable overview of the way that the concept of crime is used in a range of different disciplines or institutions. [�] However, running alongside this is a more complex argument which makes a real contribution to our understanding of the concept and its use."Lindsay Farmer, Criminology and Criminal Justice "[A] clear introductory textbook for social science undergraduates, which introduces some of the difficulties of the concept. [�] The structure of the book is very clear: each chapter approaches the debatable concept of crime from a different angle."The Weekly Worker "Reiner provides an impressive overview of the legal, criminological, philosophical, and sociological literature on the concept, inciting the reader to delve further into the existing research. Despite the complexity of the subject matter, Reiner characteristically presents it in a clear, lively, and highly-readable way, peppering his text with cultural references and interesting anecdotes."Emma Bell, The Howard Journal of Crime and Justice "Often defined as a one-dimensional concept, Reiner exposes the striking complexities of crime, while at the same time offering insight into how western society has attempted to operate without a general consensus on the topic. [�] For those unfamiliar with the history of the concept of crime and its role in Western Europe and America, this book provides a wealth of unbiased history, philosophical debates, and statistical evidence."Criminal Law and Criminal JusticeTable of ContentsIntroduction. Crime: Conundrums of a Common-Sense Concept Chapter One. Legal Conceptions of Crime Chapter Two. Moral Conceptions of Crime Chapter Three. Everybody�s Doing It: Social Conceptions of Crime and Deviance Chapter Four. How Do They Get Away With It? The Non-Criminalization of the Powerful Chapter Five. The Criminal Justice Process and Conceptions of Crime Chapter Six. Media, Crime and the Politics of Law and Order Chapter Seven. Whodunnit and Why? Criminological Conceptions of Crime Conclusion. Crime: A Capital Concept

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Book SynopsisDavid Beatty draws on more than twenty years' teaching experience to produce a comprehensive introduction to the basic rules in constitutional law, accessible to law and non-law students alike. He reviews the leading cases handed down by the Supreme Court of Canada and the Privy Council concerning the original BNA Act of 1867 and the Canadian Charter of Rights enacted in 1982. As well, Beatty reviews many of the most important decisions made by other courts around the world and analyses the function judges and courts perform in liberal democratic societies when they enforce written constitutions including bills of rights.The initial chapter introduces the reader to the subject of constitutional law – what it is all about, what its function is, and how it interacts with the constitutional text. The book goes on to examine Canadian federalism law and the Supreme Court of Canada's experience in the first decade in the life of the Charter of Rights. Beatty also examin

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Book SynopsisBauman examines several major themes and arguments in the first decade of critical legal scholarship, predominantly in the U.S. in the period dating roughly from the mid-1970s to the mid-1980s.

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Book SynopsisIn 1996, Louise Arbour was appointed by the Security Council of the United Nations as Chief Prosecutor for the International Criminal Tribunals for the former Yugoslavia and Rwanda. Reflecting on these experiences, she argues in War Crimes and the Culture of Peace that the level of public awareness and understanding of the significance of these events is minimal in part as a result of the way in which international criminal law is practiced. Justice Arbour contends that previous efforts to unite concepts of international law and criminal law in the practice of these tribunals are evolving, and suggests that the ties between personal criminal accountability and peace should be central to the decisions made in the future concerning procedural models for the permanent International War Crimes Tribunals. As a result, the public might better understand the context and causes of such crime, and the notion of crime as a breach of the peace would be made central to these tr

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Book SynopsisA survey and analysis of what Shari'a, or Islamic law, means for Muslims today.Trade Review"The contributors to this volume present an important antidote, with in-depth analyses of some of the most important trends in legal thought in today's Muslim world."—John O. Voll, Islamic Law & Society"What Shari'a means to contemporary Muslims matters to non-Muslims as well. This volume enlightens everyone. It is at once scholarly and accessible, and informative in a deep and reliable way." —Gene Outka, Yale University"An important and illuminating anthology. This is no dry and pedantic read in the minutiae of arcane legal issues. These essays demonstrate that Shari'a is a living concern to Muslims around the world." —Sohail Hashmi, Mount Holyoke College"This important and timely volume helps bridge the gap between theoretical aspects of the law and its application in the modern world, and breaks new ground by paying close attention to both Shiite and Sunni uses of Islamic law. The authors, all experts in their fields, write with unusual clarity and precision to help us to understand the complex role of Islamic law in the Muslim world today.Itwill be a vital resource." —Jonathan E. Brockopp, Pennsylvania State UniversityTable of ContentsContents Chapter 1 Introduction Frank Griffel Chapter 2 Much Ado About Values: Justice in Modern Islamic Thought Gudrun Kr'mer Chapter 3 The Harmony of Natural Law and Shari'a in Islamist Theology Frank Griffel Chapter 4 Islamic Law and Legal Change: The Concept of Ma_la_a in Classical and Contemporary Legal Theory Felicitas Opwis Chapter 5 _All_l al-F_s_: Shari'a as Blueprint for Righteous Global Citizenship David L. Johnston Chapter 6 Shari'a and Islamic Democracy in the Age of al-Jazeera Noah Feldman Chapter 7 From ijtih_d to wil_yat al-faq_h : The Evolution of the Shi'ite Authority to Political Power Abbas Amanat Chapter 8 Shi'ite Theories of Social Contract Shahrough Akhavi Chapter 9 Shari'a and Constitution in Iran: A Historical Perspective Sa'd Amir Arjomand Chapter 10 The Normativity of the Factual On the Every Day Construction of Shari'a in a Yemeni Family Court Anna W'rth Chapter 11 Afterword Roy Mottahedeh Acknowledgments About the Authors Notes Index

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Book SynopsisA survey and analysis of what Shari'a, or Islamic law, means for Muslims today.Trade Review"The contributors to this volume present an important antidote, with in-depth analyses of some of the most important trends in legal thought in today's Muslim world."—John O. Voll, Islamic Law & Society"What Shari'a means to contemporary Muslims matters to non-Muslims as well. This volume enlightens everyone. It is at once scholarly and accessible, and informative in a deep and reliable way." —Gene Outka, Yale University"An important and illuminating anthology. This is no dry and pedantic read in the minutiae of arcane legal issues. These essays demonstrate that Shari'a is a living concern to Muslims around the world." —Sohail Hashmi, Mount Holyoke College"This important and timely volume helps bridge the gap between theoretical aspects of the law and its application in the modern world, and breaks new ground by paying close attention to both Shiite and Sunni uses of Islamic law. The authors, all experts in their fields, write with unusual clarity and precision to help us to understand the complex role of Islamic law in the Muslim world today.Itwill be a vital resource." —Jonathan E. Brockopp, Pennsylvania State UniversityTable of ContentsContents Chapter 1 Introduction Frank Griffel Chapter 2 Much Ado About Values: Justice in Modern Islamic Thought Gudrun Kr'mer Chapter 3 The Harmony of Natural Law and Shari'a in Islamist Theology Frank Griffel Chapter 4 Islamic Law and Legal Change: The Concept of Ma_la_a in Classical and Contemporary Legal Theory Felicitas Opwis Chapter 5 _All_l al-F_s_: Shari'a as Blueprint for Righteous Global Citizenship David L. Johnston Chapter 6 Shari'a and Islamic Democracy in the Age of al-Jazeera Noah Feldman Chapter 7 From ijtih_d to wil_yat al-faq_h : The Evolution of the Shi'ite Authority to Political Power Abbas Amanat Chapter 8 Shi'ite Theories of Social Contract Shahrough Akhavi Chapter 9 Shari'a and Constitution in Iran: A Historical Perspective Sa'd Amir Arjomand Chapter 10 The Normativity of the Factual On the Every Day Construction of Shari'a in a Yemeni Family Court Anna W'rth Chapter 11 Afterword Roy Mottahedeh Acknowledgments About the Authors Notes Index

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Book SynopsisTrade Review"The commentary is penetrating and illuminating as it draws on what is known and what is unknown about how words matter in law . . . As with her earlier books, passion and scholarship engage to provoke thought without being argumentative . . . Highly recommended."—J. Brigham, Choice"Our Word is Our Bond transforms how we think about law, about language, and above all about the inextricable interdependencies that enmesh them. Marianne Constable explores the sovereignty of language in and over law with insight, eloquence, erudition, subtlety and imagination."—Martin Krygier, University of New South Wales, Australia"Combining theory and case law, linguistics and jurisprudence, Our Word is Our Bond provides a uniquely sophisticated and dramatically accessible guide to the rhetoric of justice and the politics of judgment. Barack Obama's flubbed oath of office, Palsgraf v Long Island Railroad, the California Criminal Code are but a few of the diverse array of substantive examples that Constable subjects to coruscating critical disposition."—Peter Goodrich, Benjamin N. Cardozo Law School, Yeshiva University"To be commended here is Constable's excruciating attention to detail, something which is evidenced via her exacting dissections of the examples at hand and the four appendices which close the book...Constable's monograph is (in this author's opinion) a strong continuation of the legal scholarship and methodological development seen in her previous monograph"—Chris Lloyd, Feminist Legal StudiesTable of ContentsIntroduction: Obama's Oaths 1. How to Do Things with Law 2. Learning by the Rules 3. Legal Acts as Social Acts 4. When Words Go Wrong Conclusion: The Name of the Law

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Book SynopsisTrade Review"The commentary is penetrating and illuminating as it draws on what is known and what is unknown about how words matter in law . . . As with her earlier books, passion and scholarship engage to provoke thought without being argumentative . . . Highly recommended."—J. Brigham, Choice"Our Word is Our Bond transforms how we think about law, about language, and above all about the inextricable interdependencies that enmesh them. Marianne Constable explores the sovereignty of language in and over law with insight, eloquence, erudition, subtlety and imagination."—Martin Krygier, University of New South Wales, Australia"Combining theory and case law, linguistics and jurisprudence, Our Word is Our Bond provides a uniquely sophisticated and dramatically accessible guide to the rhetoric of justice and the politics of judgment. Barack Obama's flubbed oath of office, Palsgraf v Long Island Railroad, the California Criminal Code are but a few of the diverse array of substantive examples that Constable subjects to coruscating critical disposition."—Peter Goodrich, Benjamin N. Cardozo Law School, Yeshiva University"To be commended here is Constable's excruciating attention to detail, something which is evidenced via her exacting dissections of the examples at hand and the four appendices which close the book...Constable's monograph is (in this author's opinion) a strong continuation of the legal scholarship and methodological development seen in her previous monograph"—Chris Lloyd, Feminist Legal StudiesTable of ContentsIntroduction: Obama's Oaths 1. How to Do Things with Law 2. Learning by the Rules 3. Legal Acts as Social Acts 4. When Words Go Wrong Conclusion: The Name of the Law

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Book SynopsisThis volume explores the ways law both traffics in and regulates secrecy.Trade Review"Rather than fall into an easy rendering of law as either requiring transparency or secrecy, this volume reveals that this distinction is itself a false dichotomy. It points out the paradox that the very idea of transparency itself relies to some extent on keeping sources a secret, and treats the question of law and its relationship to secrecy with delicacy and sophistication."—James Martel, San Francisco State University"This compelling interdisciplinary volume raises the timely question of transparency in law and governance. Sarat, Douglas, and Umphrey deliver a rich, nuanced exploration in this new collection of essays that will prove useful for students of law, politics, and humanities."—Sara Murphy, New York University

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Book SynopsisDevelops an empirical analysis of the use of originalism in Supreme Court decisions to show how claimed adherence to originalism ultimately does not constrain ideological decisions.Trade Review"The Failed Promise of Originalism is more comprehensive than prior studies, and Cross presents his findings with admirable clarity and candor . . . The Failed Promise of Originalism largely succeeds in debunking the notion that originalism is comparatively more effective than its rivals at limited judicial discretion." -- John W. Compton * Tulsa Law Review *"Frank Cross demonstrates that originalism is no cure for judicial discretion. The Failed Promise of Originalism should explode the myth that originalism will constrain judges more than other constitutional theories." -- Daniel Farber, University of California"Cross offers the first monograph length, empirical investigation of the practice of originalism at the Supreme Court. The heart of the book is his answer to the question of whether originalism furthers 'the rule of law by constraining ideological judging' . . . Highly recommended." -- P. J. Jalie"Frank Cross's important book breaks new ground. Combining a deep understanding of originalism with sophisticated empirical analysis, The Failed Promise of Originalism challenges originalists to show that their theory can make a practical difference, and at the same time dispels the myth that originalist methods have a strong ideological valence in practice. Cross has produced a very rare commodity—a book that is a must read for both lawyers and political scientists." -- Lawrence Solum * Georgetown University *

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Book SynopsisProvides a penetrating analysis of US Supreme Court justice John McKinley. In providing the first in depth assessment of the life and Supreme Court career of Justice McKinley, Steven Brown has given us a compelling portrait of a man active in the leading financial, legal, and political circles of his day.Trade Review“Professor Steven Brown sets out to rehabilitate McKinley's reputation and historical legacy in this engaging and accessible biography. The portrait that emerges is one of a dedicated public servant and thoughtful jurist, a far cry from the surly and unimpressive caricature that has defined McKinley's modern-day perception. . . . [Brown] also provides a rare look into the workings of the antebellum Supreme Court, particularly the travails of circuit riding prior to the development of a robust interstate transportation infrastructure. . . . Brown persuasively argues that McKinley's career and legacy deserve another look.”—Harvard Law Review “Steven Brown's splendid new work is the only book-length account of the Alabama Justice's life and years of public service--not only as a Justice, but as a practicing attouney, state legislator, state university trustee, member of the U.S. House of Representatives, and U.S. Senator. The book refutes the usual assessment that McKinley was at best a very average jurist who failed to carry his share of the judicial burden and was unable to hold his own among his judicial colleagues.”—Journal of Supreme Court History “Students of southern history and Alabama history, as well as legal scholars and the state and national legal communities, will appreciate this longoverdue revision of Justice John McKinley’s historical reputation. With this book, Steven Brown has established himself as the authority on the life and times of Justice McKinley and, to a significant degree, the antebellum US Supreme Court.”—R. Volney Riser, author of Defying Disfranchisement: Black Voting Rights Activism in the Jim Crow South, 1890–1908

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Book SynopsisThis book brings together the first sixteen years of constitutional jurisprudence addressing the meaning, role, and reach of dignity in the law of South Africa as a multi-racial democracy. The case law is coupled with analysis from a range of selected contributors.Trade Review"It is a major contribution to knowledge to make available in English to a wider world the path-breaking leading cases of the Constitutional Court of South Africa, and to organize these cases, as this book does, around the Kantian moral concept of dignity that plays such an important role both in the text of the South African Constitution and in the interpretive jurisprudence of the Constitutional Court of South Africa." -- -David A.J. Richards New York University

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Book SynopsisTable of ContentsIntroduction Marianne Constable, Leti Volpp, and Bryan Wagner, 1 Places 1. The Wild Life of Law: Domesticating Nature in the Bering Sea, c. 1893 Rebecca M. McLennan, 15 2. Before Emptiness: On the Destructiveness and Impotence of Law Samera Esmeir, 37 3. Spun Dry: Mobility and Jurisdiction in Northern Australia Daniel Fisher, 62 4. Signs of Authority in Indian Country Beth H. Piatote, 85 Membership 5. Signs of Law Leti Volpp, 103 6. After Obergefell: On Marriage and Belonging in Carson McCullers’s Member of the Wedding Sarah Song, 131 7. Secularism, Family Law, and Gender Inequality Saba Mahmood, 145 Religion 8. When Persons Become Firms and Firms Become Persons: Neoliberal Jurisprudence and Evangelical Christianity in Burwell v. Hobby Lobby Stores, Inc. Wendy Brown, 169 9. Is There Jewish Law? The Case of Josephus Daniel Boyarin, 189 10. The Protestant Power of Attorney of 1531: A Legalistic History of the Early Reformation in Germany Sara Ludin, 201 11. Looking for Law in The Confessions of Nat Turner Christopher Tomlins, 225 Performance 12. A Vigil at the End of the World Kathryn Abrams, 247 13. Invention and Process in Bilski Marianne Constable, 258 14. “Erudite Curiosity”: The Trial of Jean-Jacques Pauvert, Publisher of the Complete Works of the Marquis de Sade, Paris 1958 Ramona Naddaff, 273 15. The Trial of Romeo Rosebud Bryan Wagner, 287 List of Contributors, 299 Index, 303

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Book SynopsisTable of ContentsIntroduction Marianne Constable, Leti Volpp, and Bryan Wagner, 1 Places 1. The Wild Life of Law: Domesticating Nature in the Bering Sea, c. 1893 Rebecca M. McLennan, 15 2. Before Emptiness: On the Destructiveness and Impotence of Law Samera Esmeir, 37 3. Spun Dry: Mobility and Jurisdiction in Northern Australia Daniel Fisher, 62 4. Signs of Authority in Indian Country Beth H. Piatote, 85 Membership 5. Signs of Law Leti Volpp, 103 6. After Obergefell: On Marriage and Belonging in Carson McCullers’s Member of the Wedding Sarah Song, 131 7. Secularism, Family Law, and Gender Inequality Saba Mahmood, 145 Religion 8. When Persons Become Firms and Firms Become Persons: Neoliberal Jurisprudence and Evangelical Christianity in Burwell v. Hobby Lobby Stores, Inc. Wendy Brown, 169 9. Is There Jewish Law? The Case of Josephus Daniel Boyarin, 189 10. The Protestant Power of Attorney of 1531: A Legalistic History of the Early Reformation in Germany Sara Ludin, 201 11. Looking for Law in The Confessions of Nat Turner Christopher Tomlins, 225 Performance 12. A Vigil at the End of the World Kathryn Abrams, 247 13. Invention and Process in Bilski Marianne Constable, 258 14. “Erudite Curiosity”: The Trial of Jean-Jacques Pauvert, Publisher of the Complete Works of the Marquis de Sade, Paris 1958 Ramona Naddaff, 273 15. The Trial of Romeo Rosebud Bryan Wagner, 287 List of Contributors, 299 Index, 303

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Book SynopsisDespite increasing worldwide harmonization of intellectual property, driven by US patent reform and numerous EU Directives, the common law and civil law traditions still exert powerful and divergent influences on certain features of national IP systems.Trade ReviewIntellectual Property in Common Law and Civil Law presents the perspectives of common as well as civil law, on global IP Law's most pertinent issues ranging from inventive step all the way to injunctive relief. Edited by Professor Takenaka, director of the University of Washington's renowned Center for Advanced Studies and Research on IP (CASRIP), the book assembles deep but easy to read essays by some of the world s leading IP scholars. In short, IP Law's most important issues from a global perspective; by the world's leading scholars, yet in a nutshell. Excellent!' --Christoph Ann, Technische Universität München, Germany'All in all, the book represents an interesting approach to the complex topic of international and comparative intellectual property rights.' --Christopher Heath, International Review of Intellectual Property and Competition LawTable of ContentsContents: Preface PART I: INTRODUCTION 1. Towards a History of Patent Law Brad Sherman PART II: PATENTS 2. Ordre Public and Morality Issues in Patent Eligibility Joseph Straus 3. First-Inventor-to-File under the America Invents Act: A View of First-to-File Lawyer and a View of First-to-Invent Lawyer Toshiko Takenaka with Martin J. Adelman 4. The Inventive Step and Cooperative Harmonization Amy L. Landers 5. Equitable Doctrines in International Patent Laws Jan Krauß PART III: COPYRIGHT 6. Tradition and Change: The Past and Future of Authors’ Moral Rights Mira T. Sundara Rajan 7. Japan’s Copyright Law Revisions, Disruptive Innovation and User-generated Content Salil Mehra 8. The Dragon and the White Whale: Three Steps Test and Fair Use Frédéric Pollaud-Dulian 9. Fair Use: A Tale of Two Cities Sang Jo Jong PART IV: TRADEMARK AND UNFAIR COMPETITION 10. Passing Off and Unfair Competition Regimes Compared Mary LaFrance 11. Trade Dress Signe H. Naeve 12. A Comparative Analysis of the Protection of Geographical Indications in the European Union and the United States under Sui Generis and Trademark Systems Gail E. Evans PART V: ENFORCEMENT AND INFRINGEMENT REMEDIES 13. Extraterritorial Enforcement Marketa Trimble 14. Injunctive Relief in Patent Cases in the US, Germany and Japan: Recent Developments and Outlook Christoph Rademacher PART VI: LEGAL ASPECTS COMMON TO ALL BRANCHES OF IP 15. What the Treatment of Covenants Not to Compete Teaches About Intellectual Property and Competition Norms Shubha Ghosh 16. Employee Invention System: Comparative Law Perspective Toshiko Takenaka and Yves Reboul 17. Exhaustion of Intellectual Property Rights in the European Union Theo Bodewig PART VII: APPENDIX 18. The Patent Laws of Old Mario Franzosi Index

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