Methods, theory and philosophy of law Books
Cambridge University Press Cultural Products and the World Trade Organization Cambridge Studies in International and Comparative Law Series Number 54
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£99.75
Cambridge University Press Muslim Legal Thought in Modern Indonesia
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£95.00
Cambridge University Press Posthumous Interests Legal and Ethical Perspectives Cambridge Law Medicine and Ethics Series Number 7
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£79.00
Cambridge University Press Law Justice Democracy and the Clash of Cultures A Pluralist Account
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£67.45
Cambridge University Press The Apology Ritual
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£85.50
Cambridge University Press Witness Testimony Evidence
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£42.75
Cambridge University Press The Evolving Dimensions of International Law Hard Choices for the World Community
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£50.35
Cambridge University Press The Problem of Punishment
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£75.04
Cambridge University Press German Idealism and the Concept of Punishment Modern European Philosophy
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£42.75
Cambridge University Press Tort Wars
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£53.20
Cambridge University Press Law and the Humanities
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£86.45
Cambridge University Press Legal Transplants in East Asia and Oceania
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£35.14
Cambridge University Press The Impasse of Constitutional Rights
Book Synopsis
£17.00
Cambridge University Press ContentIndependence in Law
Book SynopsisThis Element examines the notion of content-independence and its relevance for understanding various aspects of the character of law. Its task should be understood expansively, as encompassing both inquiry into that which makes law into what it is, and inquiry into what law ought to be, which values it ought to serve, and which aspects of its character may play a facilitative role in law realising aspects of its potential. Many existing discussions of content-independence focus largely on the justificatory aspects of content-independence: whether, and, if so, how, there can be content-independent reasons for action, or content-independent justifications of rules, or the extent to which political obligation is content-independent. This Element, too, examines such issues but also seeks to explore an additional possibility: that the notion of content-independence can illuminate issues regarding law''s existence, identification, and systematicity.
£17.00
Cambridge University Press Legal Personhood
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£17.00
Cambridge University Press The Kantian Federation
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£17.00
Cambridge University Press The Law As a Conversation among Equals
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£95.00
Cambridge University Press Virtue in Global Governance
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£80.75
Cambridge University Press Rawlss A Theory of Justice at 50
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£85.49
Cambridge University Press A.V. Dicey and the Common Law Constitutional Tradition
Book SynopsisIn the common law world, Albert Venn Dicey (18351922) is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate from moral values or political realities, Dicey is an uncanny figure. This book challenges this received view of Dicey. Through a re-examination of his life and his 1885 book Law of the Constitution, the high priest Dicey is defrocked and a more human Dicey steps forward to offer alternative ways of reading his canonical text, who struggled to appreciate law as a form of reasoned discourse that integrates values of legality and authority through methods of ordinary legal interpretation. The result is a unique common law constitutional discourse through which assertions of sovereign power are conditioned by moral aspirations associated with the rule of law.Trade Review'In this highly engaging and elegantly written book, Mark Walters skilfully combines biography, history, constitutional law, jurisprudence and moral theory to give us a compelling account of Dicey and his thinking. He presents a major challenge to the orthodox picture of Dicey as a legal positivist writing in the shadow of John Austin. We find in these pages a more complex and sophisticated thinker, developing an understanding of law as a discourse of reason, closer to the work of his friends Henry Sidgwick and T. H. Green. Anyone interested in the nature of common law constitutionalism, as a distinctive account of the legal order, will be gripped by this very fine book. It enables us to see why, despite the frequently dismissive criticism, Dicey's work has rightly remained so interesting and influential. We can grasp the profound implications for human freedom of constitutional law being, in its common law conception, 'ordinary' law.' T. R. S. Allan, Professor of Jurisprudence and Public Law, University of Cambridge'The book is of immense importance for anyone with an interest in the Common Law or jurisprudence, especially within a United Kingdom context.' Javier García Oliva, Law and JusticeTable of Contents1. Introduction; 2. The biggest legal mind we have; 3. Young Dicey in Oxford; 4. Dicey the common lawyer; 5. Dicey and the art and science of law; 6. Lectures introductory to the law of the constitution; 7. Dicey's legal constitution; 8. The law of parliamentary sovereignty; 9. The supremacy of ordinary law; 10. Sovereignty and the spirit of legality; 11. Dicey's administrative law blind spot; 12. Towards a discursive legalism; 13 The constitution in the common law tradition; Appendix; Bibliography; Index.
£26.59
Cambridge University Press States Firms and Their Legal Fictions
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£90.25
Cambridge University Press Natural Perception
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£90.25
Cambridge University Press Judges Judging and Judgment
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£90.00
Cambridge University Press Judges Judging and Judgment
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£29.44
Cambridge University Press Enforcing Morality
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£76.00
Cambridge University Press Child Rights Legal Theory and Social Advocacy
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£85.50
Cambridge University Press Rethinking the Relationship between International EU and National Law
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£114.00
Cambridge University Press Written and Unwritten
Book SynopsisThe United States Federal Courts of Appeals decide cases concerning the most important issues of our time. This book is an unprecedented look into the internal operations of the courts, detailing the norms and unwritten customs of their day to day operations.Trade Review'This book, authored by an eminent federal circuit judge and an expert academic, fills a conspicuous void when it comes to understanding how our federal appellate courts work in practice. Long overdue, it provides a blueprint for both the legal practitioner and those interested in learning more about the practical considerations that define appellate advocacy. On my bookshelf for sure.' Kenneth R. Feinberg, Esq., former Administrator of the September 11, Victim Compensation Fund'The judicial administration 'dream team' of Judge Jon O. Newman and Duke Law Professor Marin K. Levy have discovered and described the written and unwritten practices and customs of the nation's 13 courts of appeals. Appellate lawyers, judges, and scholars will be delighted to have this compilation of practices and customs, many of which vary considerably from circuit to circuit.' David F. Levi, Dean Emeritus, Duke University Law School, and former President, American Law Institute'The book means that lawyers can more readily find out how to present their cases in different circuits. It means that the judges of different circuits can far more easily learn how their counterparts elsewhere in the federal system organize the judicial appellate task. And it means knowledge will bring about improvement as judges in each circuit learn how others handle similar problems. The result: a judicial system that works better for those whom it serves.' Stephen Breyer, US Supreme Court (retired) from the ForewordTable of ContentsForeword; Preface; Introduction; 1. The Chief Judge of a Circuit; 2. Administrative Structure; 3. Calendars, Panels, and Assignment of Cases; 4. Motions; 5. Expedited Appeals; 6. Briefs of Parties and Amici Curiae; 7. Oral Argument; 8. Precedential Opinions; 9. Non-Precedential Opinions; 10. En Banc Procedures; 11. Promoting the Expeditious Disposition of Appeals; 12. Death Penalty Cases; 13. Senior Judges; 14. Judicial Councils and Judicial Conferences; 15. Information on Websites; 16. Miscellaneous Provisions; Conclusion; Index.
£72.00
Cambridge University Press The Reasonable Person
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£85.50
Cambridge University Press The Moral Prerequisites of the Criminal Law
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£47.49
Cambridge University Press Legal Personhood
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£47.49
Cambridge University Press ContentIndependence in Law
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£47.49
Cambridge University Press The Philosophy of Legal Proof
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£47.49
Cambridge University Press The Impasse of Constitutional Rights
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£47.49
Cambridge University Press Subsidiarity
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£47.49
Cambridge University Press Legal Rights and Moral Rights
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£47.49
Cambridge University Press After the Realist Revolution
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£90.00
Cambridge University Press Laws Language
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£52.25
Cambridge University Press Dispute Processes
Book SynopsisThis wide-ranging study considers the primary forms of decision-making negotiation, mediation, umpiring, as well as the processes of avoidance and violence in the context of rapidly changing discourses and practices of civil justice across a range of jurisdictions. Many contemporary discussions in this fieldand associated projects of institutional designare taking place under the broad but imprecise label of Alternative Dispute Resolution (ADR). The book brings together and analyses a wide range of materials dealing with dispute processes, and the current debates on and developments in civil justice. With the help of analysis of materials beyond those ordinarily found in the ADR literature, it provides a comprehensive and comparative perspective on modes of handling civil disputes. The new edition is thoroughly revised and is extended to include new chapters on avoidance and self-help, the ombuds, Online Dispute Resolution and pressures of institutionalisation.Trade Review'A gem of a book, this third edition is a thoroughly updated revision of a classic and unique text. With new content in areas such as dispute avoidance, ODR and the institutionalisation of ADR, this collection is a brilliant resource for students of civil justice, dispute resolution and conflict studies, providing access to a rich tapestry of academic material supported by expert commentary.' Bryan Clark, Professor of Law and Civil Justice, Newcastle Law School, Newcastle University'The third edition of Dispute Processes is a welcome and substantial addition to the literature and provides an invaluable teaching resource. Comparative and socio-legal, it provides both a historical and contemporary analysis of dispute resolution, set in the context of legal pluralism. This is a major achievement!' Carly Stychin, Director, Institute of Advanced Legal Studies, School of Advanced Study, University of London'This immensely important work by a distinguished pair of dispute resolution scholars offers a richly textured and thoughtful articulation of the social, political, religious and theoretical underpinnings driving ADR developments from a global and comparative perspective. It is essential reading for anyone studying, analysing or engaging with the dispute resolution field.' Shahla Ali, Professor and Associate Dean (International), Faculty of Law, The University of Hong Kong'Palmer and Roberts is the modern classic on ADR, now in its third edition with the expansion of comparative materials that greatly enrich the scope of the volume for reference and teaching purposes. In many ways, the authors have produced a comparative legal treatise as well as enriching their contribution to ADR itself. Those practising or teaching any of the alternative means of dispute resolution will find this volume indispensable.' William E. Butler, Dickinson Law, Pennsylvania State University, and Emeritus Professor of Comparative Law, University of London'This is simply the deepest book on disputing processes in the English language. Situating the processes of dispute resolution in history, culture, religion, politics and different legal systems, it explores both the intellectual history of dispute handling and the more practical variations of different processes used in different contexts. Unlike many texts which extol only the virtues of informal disputing methods (mediation or negotiation), or others that criticise them, this work of careful scholarship spans the range of processes in Western, Eastern (e.g. China) and Southern (Africa) regions, and provides materials for learning about both the merits and concerns of each kind of process, and allows a balanced assessment of when a particular process might be 'appropriate' for the particular dispute at hand. This new edition is most welcome in its consideration of newer hybridised forms of dispute processing and comparative analysis of new developments in the field, including online dispute resolution, both in court systems and in non-governmental and private venues. The text offers suggestions for viewing of films that illustrate the cultural variations in dispute processing, which will enliven any teaching in this field. This book is a magnificent illustration of how legal pluralism now operates in the world. A MUST-read for every scholar, practitioner and student of conflict resolution.' Carrie Menkel-Meadow, Distinguished Professor of Law and Political Science, University of California–Irvine, and A. B. Chettle Professor of Law, Dispute Resolution and Civil Procedure Emerita, Georgetown University'In the search for better forms and processes of decision-making, the book by Palmer and Roberts provides us with detailed and insightful understandings of both the theoretical underpinnings and practical aspects of dispute resolution, with a comprehensive and impartial coverage of the thinking, practices and reform in a range of legal cultures, both East and West. It shows the importance of the complex historical, social, cultural and legal contexts of dispute resolution processes, and provides many thought-provoking comments and ideas. It is not surprising that the text has established itself as the essential guide for academics, practitioners, policy-makers, students and the general public interested in thinking about dispute resolution.' Dr Weixia Gu, Associate Professor of Law, The University of Hong Kong, and Associate Member, International Academy of Comparative Law'A must-read book for students, researchers and practitioners eager to learn about dispute resolution discourse from a comparative, interdisciplinary, critical and cutting-edge perspective. Dispute Processes does much more than examine the theory and practice of dispute resolution processes. It represents a unique contribution to the study of the jurisprudence of dispute resolution. It encourages the reader to question current policy and legal developments towards the formalisation and institutionalisation of informal justice found in many jurisdictions around the world. Drawing upon an impressive and unique variety of sources spanning from sociology to politics to anthropology, and enriched by the authors' own fieldwork research, this book inspires new empirical and theoretical questions within dispute resolution and access-to-justice discourses. It also provides a sophisticated assessment of the variety of dispute resolution processes that legal systems and their legal cultures present. In particular, in arguing that informal justice is to be found in all cultures and at all times, this book elevates the study of dispute resolution beyond the Western - Non-Western dichotomy. Ultimately, this is a book about respect for the other and about equality … both essential elements in the successful resolution of disputes.' Maria Federica Moscati, Senior Lecturer in Family Law, Sussex University'For a student who takes a keen interest in dispute processes, the work of Palmer and Roberts offered great insights into the academic discussion. The work not only is helpful to my studies, but has fundamentally redefined the way I see dispute processes and resolutions. In particular, I applaud Palmer and Roberts's tremendous effort in drawing readers' attention beyond dispute processes and resolution as formalised by Western legal systems, and presenting a wide picture of ADR, which has always been part of human society.' Bryan Lai, student, Sussex Law School, University of Sussex'This 3rd Edition of Dispute Processes: ADR and the Primary Forms of Decision-Making is a valuable resource for all those interested in the nature of disputes, the processes by which to resolve them and their place in society. It draws on a rich body of theory in exploring the many complex issues that arise in resolving disputes and their processes. Its approach is multidisciplinary, for example offering sociological, anthropological, historical and comparative perspectives, which sets it apart from a usual approach to the examination of alternative dispute resolution processes, and as such, offers diverse and intellectually stimulating discussion of issues relevant to the on-going debates about informal and formal justice. The additions made to this 3rd edition are very welcome. The new chapters on Arbitration, the Ombuds process, on-line dispute resolution and the ever-continuing dialogue about the institutionalisation of ADR are a necessary and pertinent addition to the already rich material provided by this book. Additionally, for students of ADR, the roleplays and further reading list enhance this edition's content further. This book is most definitely required reading for all dispute resolution scholars and students alike!' Debbie De Girolamo, School of Law, Queen Mary University of LondonTable of ContentsPreface; Acknowledgements; 1. Introduction; 2. Cultures of decision-making: precursors to the emergence of ADR; 3. The debates around civil justice and the movement towards procedural innovation; 4. Disputes and dispute processes; 5. Development of disputes, avoidance and self help; 6. Negotiations; 7. Mediation; 8. Umpiring: courts and tribunals; 9. Umpiring: arbitration; 10. Hybrid forms and processual experimentation; 11. The ombuds and its diffusion: from public to private; 12. ODR and its diffusion: from private to public; 13. Institutionalization of ADR; 14. Reflections; Appendix A. Some role plays; Bibliography; Further reading; Index.
£94.99
Cambridge University Press Judicial Review in an Objective Legal System
Book SynopsisThe debate over judicial review typically frames law's meaning as either rigid or elastic, strictly given or subjectively interpreted. By examining the operation of the wider legal system, this book provides a new framework for understanding objective judicial review.Table of Contents1. Introduction; Part I. An Objective Legal System: 2. Objectivity - getting reality right; 3. Objectivity in a legal system - three cornerstones; 4. The moral imperative of the rule of law; 5. The moral authority beneath the law; 6. A written constitution - bedrock legal authority; Part II. Implications for Judicial Review: 7. Judicial review - the reigning accounts' failure; 8. Objective judicial review - understanding the law in context; 9. Proper review in contemporary conditions; Conclusion.
£95.00
Cambridge University Press Kants Doctrine of Right
Book SynopsisPublished in 1797, the Doctrine of Right is Kant's most significant contribution to legal and political philosophy. This commentary analyzes Kant's system of individual rights and guides readers through the most difficult passages of the Doctrine, explaining Kant's terminology, method and ideas in the light of his intellectual environment.Table of ContentsIntroduction and methods of interpretation; 1. The idea of the juridical state and the postulate of public law; 2. The state of nature and the three leges; Appendix. Iustitia tutatrix, iustitia commutativa, and iustitia distributiva and their differences; 3. The right to freedom; 4. The permissive law in the Doctrine of Right; 5. The external mine and thine; 6. Intelligible possession of land; 7. The 'state in the idea'; 8. The state in reality; 9. International and cosmopolitan law; 10. The 'idea of public law' and its limits; 11. Contract law I. Why must I keep my promise?; 12. Contract law II. Kant's table of contracts; 13. Criminal punishment; 14. The human being as a person; Appendix I. On the logic of 'ought' implies 'can'; Appendix II. The system of rules of imputation; Bibliography; Index.
£39.99
Cambridge University Press Jus Cogens International Law and Social Contract
Book SynopsisOne of the most complex doctrines in contemporary international law, jus cogens is the immediate product of the socialization of the international community following the Second World War. However, the doctrine resonates in a centuries-old legal tradition which constrains the dynamics of voluntarism that characterize conventional international law. To reconcile this modern iteration of individual-oriented public order norms with the traditionally state-based form of international law, Thomas Weatherall applies the idea of a social contract to structure the analysis of jus cogens into four areas: authority, sources, content and enforcement. The legal and political implications of this analysis give form to jus cogens as the product of interrelation across an individual-oriented normative framework, a state-based legal order, and values common to the international community as a whole.Trade Review'[Weatherall's] volume has the virtue of delving deeply into international and national jurisprudence to examine how courts have referred to jus cogens and what effects have resulted. The compilation of national court judgments referring to jus cogens is, on its own, quite impressive …' Dinah Shelton, American Journal of International Law'Mediating between the view that the moral dimension of human dignity itself explains the peremptory force and the view that the legal effects of jus cogens are simply based on state consent, Weatherall would like to reconcile natural law and positivist approaches.' Thomas Kleinlein, The European Journal of International Law'This short review does not allow for a more detailed analysis of this work, and cannot, therefore, do justice to Weatherall's extensive argumentation. While some readers may feel as though certain questions posed by the author remain unsettled, it is likely that the sheer complexity of this topic, which builds upon all of international law's foundational notions, makes such an impression inevitable. In sum, this book should be recommended: as the ILC is about to consider the first report of its Special Rapporeur on Jus Cogens, Weatherall's volume stands as an indispensable resource for the fascinating debates to come.' Sevrine Knuchel, Netherlands International Law ReviewTable of ContentsIntroduction: peremptory norms of general international law (jus cogens); 1. The authority of jus cogens; 2. Material and formal sources of jus cogens; 3. Peremptory norms and the individual; 4. Peremptory norms and the state; Conclusion: international law and social contract.
£33.24
Cambridge University Press The Conceptual Foundations of Transitional Justice
Book SynopsisTransitional justice is distinguished from retributive, corrective, and distributive justice in Murphy's innovative analysis of this debated concept. The discussion is illustrated by case studies, making the book an accessible read for philosophers, political and social scientists, policy analysts, and legal and human rights scholars and activists.Trade Review'Colleen Murphy develops, and delivers, the bold argument that transitional justice - the way a society reckons with massive human rights abuses - is not ordinary justice. It is not reducible to retributive or restorative principles, nor to case-by-case determinations; rather, it is distinctive justice, because it is concerned with the just pursuit of societal transformation and relational repair. Murphy's book is a game-changer: a must-read for anyone concerned with the theory, practice, and policy of post-conflict rebuilding.' Mark A. Drumbl, Transnational Law Institute, Washington and Lee University, Virginia'Murphy offers an outstanding analysis. This ambitious book constructs a novel way of conceiving the 'justice' in transitional justice, provoking discussion on a topic that has received little sustained analysis in the burgeoning transitional justice literature.' Margaret Urban Walker, Journal of Global Ethics'Colleen Murphy's new book on transitional justice displays her signature blend of analytic rigor, elegant writing, and empirically anchored theorizing. She follows up her excellent first book on political reconciliation with a volume on what it means to transform a war-torn society so that it can, ultimately, become reconciled. The just pursuit of political transformation, Murphy argues, is at the heart of the idea of transitional justice. This is the best, most ambitious philosophical account of transitional justice that I know of. The book can be read with utility by scholars and students seeking to understand the unique conditions and dilemmas surrounding transitions, as well as by policy makers interested in fashioning decent and legitimate transitional institutions.' Nir Eisikovits, Ethics'In The Conceptual Foundations of Transitional Justice, Colleen Murphy develops a theoretical framework for understanding the conditions, objectives, and processes of transitional justice. It is a very interesting and useful contribution to the literature on transitional justice … the book helps us to rethink how we - practitioners, interested parties, and scholars - can more coherently, effectively, and justly respond to past wrongdoing.' Roger Duthie and David Tolbert, International Center for Transitional Justice'By reframing justice away from legal accountability and toward the evaluation of legal responses based on their contributions to reforming political relationships, between citizen and state and among citizens, she moves past the increasingly unsolvable debates that have preoccupied the field.' Laurel E. Fletcher, University of California, Berkeley School of Law'Murphy deserves accolades for traversing numerous disciplinary divides in her approach to transitional justice. For scholars seeking to build more bridges between international law and philosophy, this books offers an excellent way as to how it can be done.' Steven R. Ratner, University of Michigan Law School'Murphy eloquently argues that transitional justice is not like normal justice; it is qualitatively different because of the fundamentally distinct circumstances that constitute periods of political transition. These include: (a) pervasive structural inequality; (b) normalized collective and political wrongdoing; (c) serious existential uncertainty; and (d) fundamental uncertainty about authority. These background circumstances mean that ordinary ideas of retribution, corrective justice, and restitution do not cater to the needs of societies undergoing transition from authoritarianism/mass violence to democracy/peace. The misfit with these usual concepts of justice is so acute that we must craft an entirely new, distinct brand of justice that follows its own logic and answers to its own self-consciously defined first principles.' James Stewart, University of British Columbia'… the book is a sophisticated and analytic account of a timely topic, and merits a careful read by those with an interest in the challenges of transitioning from injustice to justice in circumstances that make the transition, without good guidance of the kind Murphy offers, seem impossible to achieve.' Patti Lenard, Notre Dame Philosophical Reviews'Murphy's accessible and engaging book provides a normatively clear and philosophically rigorous theory of transitional justice that is a valuable contribution to a burgeoning literature on a complex moral and political subject. … its clarity helps to illuminate where future philosophical work on this complex theme should go.' Catherine Lu, Criminal Law and Philosophy'This book will be very useful to those who are interested in post-conflict rebuilding, conflict transformation, and reconciliation. The author asks us to reconsider conventional ideas about transitional justice and to focus on the role that relational change can play in it. Although Murphy's research needs to be fully contextualized to establish its relationship with ideas explored in other relevant literature, this book will help theorists and practitioners to comprehend the complex yet unsolved relation between 'doing justice' and 'social transformation' in transitional societies.' Kang Hyuk Min, Journal of Conflict Transformation and Security'The Conceptual Foundations of Transitional Justice advances this work in important ways, by developing a bold case for the importance of transitional justice. The book is a rewarding intellectual journey, and offers a provocative framework for transforming theory and practice.' Bronwyn Leebaw, Perspectives on PoliticsTable of ContentsPreface; Introduction; 1. Circumstances of transitional justice; 2. The problem of transitional justice; 3. Societal transformation; 4. The just pursuit of transformation; Conclusion.
£29.44
Cambridge University Press Dispute Processes
Book SynopsisThis wide-ranging study considers the primary forms of decision-making negotiation, mediation, umpiring, as well as the processes of avoidance and violence in the context of rapidly changing discourses and practices of civil justice across a range of jurisdictions. Many contemporary discussions in this fieldand associated projects of institutional designare taking place under the broad but imprecise label of Alternative Dispute Resolution (ADR). The book brings together and analyses a wide range of materials dealing with dispute processes, and the current debates on and developments in civil justice. With the help of analysis of materials beyond those ordinarily found in the ADR literature, it provides a comprehensive and comparative perspective on modes of handling civil disputes. The new edition is thoroughly revised and is extended to include new chapters on avoidance and self-help, the ombuds, Online Dispute Resolution and pressures of institutionalisation.Trade Review'A gem of a book, this third edition is a thoroughly updated revision of a classic and unique text. With new content in areas such as dispute avoidance, ODR and the institutionalisation of ADR, this collection is a brilliant resource for students of civil justice, dispute resolution and conflict studies, providing access to a rich tapestry of academic material supported by expert commentary.' Bryan Clark, Professor of Law and Civil Justice, Newcastle Law School, Newcastle University'The third edition of Dispute Processes is a welcome and substantial addition to the literature and provides an invaluable teaching resource. Comparative and socio-legal, it provides both a historical and contemporary analysis of dispute resolution, set in the context of legal pluralism. This is a major achievement!' Carly Stychin, Director, Institute of Advanced Legal Studies, School of Advanced Study, University of London'This immensely important work by a distinguished pair of dispute resolution scholars offers a richly textured and thoughtful articulation of the social, political, religious and theoretical underpinnings driving ADR developments from a global and comparative perspective. It is essential reading for anyone studying, analysing or engaging with the dispute resolution field.' Shahla Ali, Professor and Associate Dean (International), Faculty of Law, The University of Hong Kong'Palmer and Roberts is the modern classic on ADR, now in its third edition with the expansion of comparative materials that greatly enrich the scope of the volume for reference and teaching purposes. In many ways, the authors have produced a comparative legal treatise as well as enriching their contribution to ADR itself. Those practising or teaching any of the alternative means of dispute resolution will find this volume indispensable.' William E. Butler, Dickinson Law, Pennsylvania State University, and Emeritus Professor of Comparative Law, University of London'This is simply the deepest book on disputing processes in the English language. Situating the processes of dispute resolution in history, culture, religion, politics and different legal systems, it explores both the intellectual history of dispute handling and the more practical variations of different processes used in different contexts. Unlike many texts which extol only the virtues of informal disputing methods (mediation or negotiation), or others that criticise them, this work of careful scholarship spans the range of processes in Western, Eastern (e.g. China) and Southern (Africa) regions, and provides materials for learning about both the merits and concerns of each kind of process, and allows a balanced assessment of when a particular process might be 'appropriate' for the particular dispute at hand. This new edition is most welcome in its consideration of newer hybridised forms of dispute processing and comparative analysis of new developments in the field, including online dispute resolution, both in court systems and in non-governmental and private venues. The text offers suggestions for viewing of films that illustrate the cultural variations in dispute processing, which will enliven any teaching in this field. This book is a magnificent illustration of how legal pluralism now operates in the world. A MUST-read for every scholar, practitioner and student of conflict resolution.' Carrie Menkel-Meadow, Distinguished Professor of Law and Political Science, University of California–Irvine, and A. B. Chettle Professor of Law, Dispute Resolution and Civil Procedure Emerita, Georgetown University'In the search for better forms and processes of decision-making, the book by Palmer and Roberts provides us with detailed and insightful understandings of both the theoretical underpinnings and practical aspects of dispute resolution, with a comprehensive and impartial coverage of the thinking, practices and reform in a range of legal cultures, both East and West. It shows the importance of the complex historical, social, cultural and legal contexts of dispute resolution processes, and provides many thought-provoking comments and ideas. It is not surprising that the text has established itself as the essential guide for academics, practitioners, policy-makers, students and the general public interested in thinking about dispute resolution.' Dr Weixia Gu, Associate Professor of Law, The University of Hong Kong, and Associate Member, International Academy of Comparative Law'A must-read book for students, researchers and practitioners eager to learn about dispute resolution discourse from a comparative, interdisciplinary, critical and cutting-edge perspective. Dispute Processes does much more than examine the theory and practice of dispute resolution processes. It represents a unique contribution to the study of the jurisprudence of dispute resolution. It encourages the reader to question current policy and legal developments towards the formalisation and institutionalisation of informal justice found in many jurisdictions around the world. Drawing upon an impressive and unique variety of sources spanning from sociology to politics to anthropology, and enriched by the authors' own fieldwork research, this book inspires new empirical and theoretical questions within dispute resolution and access-to-justice discourses. It also provides a sophisticated assessment of the variety of dispute resolution processes that legal systems and their legal cultures present. In particular, in arguing that informal justice is to be found in all cultures and at all times, this book elevates the study of dispute resolution beyond the Western - Non-Western dichotomy. Ultimately, this is a book about respect for the other and about equality … both essential elements in the successful resolution of disputes.' Maria Federica Moscati, Senior Lecturer in Family Law, Sussex University'For a student who takes a keen interest in dispute processes, the work of Palmer and Roberts offered great insights into the academic discussion. The work not only is helpful to my studies, but has fundamentally redefined the way I see dispute processes and resolutions. In particular, I applaud Palmer and Roberts's tremendous effort in drawing readers' attention beyond dispute processes and resolution as formalised by Western legal systems, and presenting a wide picture of ADR, which has always been part of human society.' Bryan Lai, student, Sussex Law School, University of Sussex'This 3rd Edition of Dispute Processes: ADR and the Primary Forms of Decision-Making is a valuable resource for all those interested in the nature of disputes, the processes by which to resolve them and their place in society. It draws on a rich body of theory in exploring the many complex issues that arise in resolving disputes and their processes. Its approach is multidisciplinary, for example offering sociological, anthropological, historical and comparative perspectives, which sets it apart from a usual approach to the examination of alternative dispute resolution processes, and as such, offers diverse and intellectually stimulating discussion of issues relevant to the on-going debates about informal and formal justice. The additions made to this 3rd edition are very welcome. The new chapters on Arbitration, the Ombuds process, on-line dispute resolution and the ever-continuing dialogue about the institutionalisation of ADR are a necessary and pertinent addition to the already rich material provided by this book. Additionally, for students of ADR, the roleplays and further reading list enhance this edition's content further. This book is most definitely required reading for all dispute resolution scholars and students alike!' Debbie De Girolamo, School of Law, Queen Mary University of LondonTable of ContentsPreface; Acknowledgements; 1. Introduction; 2. Cultures of decision-making: precursors to the emergence of ADR; 3. The debates around civil justice and the movement towards procedural innovation; 4. Disputes and dispute processes; 5. Development of disputes, avoidance and self help; 6. Negotiations; 7. Mediation; 8. Umpiring: courts and tribunals; 9. Umpiring: arbitration; 10. Hybrid forms and processual experimentation; 11. The ombuds and its diffusion: from public to private; 12. ODR and its diffusion: from private to public; 13. Institutionalization of ADR; 14. Reflections; Appendix A. Some role plays; Bibliography; Further reading; Index.
£44.64
Cambridge University Press The Public International Law Theory of Hans Kelsen Believing In Universal Law Cambridge Studies in International and Comparative Law
Book SynopsisThis analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half of the twentieth century, including the reactions of Carl Schmitt and other Weimar opponents of Kelsen. The relationship between his Pure Theory of Law and his international law writings is examined, enabling the reader to understand how Kelsen tried to square his own liberal cosmopolitan project with his methodological convictions as laid out in his Pure Theory of Law. Finally, Jochen von Bernstorff discusses the limits and continuing relevance of Kelsenian formalism for international law under the term of 'reflexive formalism', and offers a reflection on Kelsen's theory of international law against the background of current debates over constitutionalisation, institutionalisation and fragmentation of international law. The book also includes biographical sketches of Hans Kelsen and his main students Alfred Verdross and Joseph L. Kunz.Table of Contents1. Method and construction of international law in nineteenth century German scholarship; 2. Kelsenian formalism as critical methodology in international law; 3. An 'objective' architecture of international law: Kelsen, Kunz, and Verdross; 4. The new actors of universal law; 5. Legal sources as universal instruments of law creation; 6. The international judiciary as the functional center of universal law; 7. The role of the international legal scholar in Kelsen - a concluding reflection; Epilogue. On Kelsenian formalism in international law.
£29.44
Cambridge University Press The Legal Process and the Promise of Justice
Book SynopsisMalcolm Feeley is one of the founding giants of the law and society field, whose vast scholarship examines legal process from the inner workings of criminal courts to the possibility of prison reform. This volume offers essays by leading law and society scholars who reflect on, analyze, and expand Feeley's scholarship.Trade Review'Malcolm Feeley’s writings about America’s contradictory crime wars and criminal justice reform efforts are essential elements of modern criminology. The contributors to this volume take Feeley’s thinking in new and innovative directions that no student or scholar of our continuing predicament will want or can afford to miss. A guide to a futuristic Feeleyian criminology!' John Hagan, John D. MacArthur Professor Professor of Sociology and Law, Northwestern University, Illinois'An extraordinary collection of insightful studies that follow the steps of Malcolm Feeley in relation to the legal process and the promise of justice. It explores the vibrant legacy of this brilliant scholar for the present and it will be a source of inspiration for the future theoretical and empirical developments in these key socio-legal themes, both inside and outside the English speaking contexts.' Máximo Sozzo, Universidad Nacional del Litoral, Argentina'This festschrift for Malcolm Feeley, with contributions from eighteen distinguished scholars, provides powerful accounts of how lawyers and judges link policies of crime and punishment to fundamental problems of governing contemporary societies. Provocative and compelling, this collection confronts the current challenges to liberal democracies and the rule of law with trenchant, grounded analyses.' Susan S. Silbey, Leon and Anne Goldberg Professor of Humanities, Massachusetts Institute of Technology'Far from being only a much deserved tribute to Malcolm Feeley, this book opens up new perspectives. By recalling the numerous insights of his scholarship, from The Process is the Punishment to debates on court reform or sociology of legal professionals, this rich array of scholars put these studies in perspective and demonstrate how fruitful his perspective is for socio-legal studies, in several national contexts. The same could even be said beyond that specific field, from the sociology of organizations to public policy analysis.' Liora Israël, École des Hautes Etudes en Sciences Sociales, ParisTable of ContentsIntroduction Jonathan Simon, Hadar Aviram and Rosann Greenspan; Part I. The Process is the Punishment: 1. Adversarial bias and the criminal process: infusing the organizational perspective on criminal courts with insights from behavioral science Hadar Aviram; 2. Malcolm Feeley's concept of law Issa Kohler-Hausmann; 3. Process as intergenerational punishment: are children casualties of parental court experiences? Kay Levine and Volkan Topalli; 4. The process is the problem Shauhin Talesh; Part II. Court Reform on Trial: 5. Vaping on trial: e-cigarettes, law, and society Eric Feldman; 6. Japanese court reform on trial David T. Johnson and Setsuo Miyazawa; 7. Court reform and comparative criminal justice David Nelken; 8. The birth of the penal organization: why prisons were born to fail Ashley T. Rubin; 9. The misbegotten: infanticide in Victorian England Lawrence M. Friedman; Part III. Judicial Policymaking and the Modern State: 10. Judicial deference in the modern state Lauren B. Edelman; 11. Judges, labor, and economic inequality Paul Frymer; 12. Administrative 'states' of judicial policy on gender-motivated violence Christine B. Harrington; 13. Can courts abolish mass incarceration? Jonathan Simon; 14. Policy making by out-of-court settlements: intelligence informers at the Israeli High Court of Justice Menachem Hofnung; Part IV. Political Liberalism and the Legal Complex: 15. The international legal complex: Wang Yu and the global response to repression of China's political lawyers Terence C. Halliday; 16. The legal profession's promise of justice: choices and challenges in legal and socio-legal work Mark Fathi Massoud; 17. The varieties of judicial independence and the judiciary's role in political reform Edward L. Rubin; 18. The legal complex and lawyers-in-chief Kim Lane Scheppele.
£104.50
Cambridge University Press Statutory Interpretation
Book SynopsisStatutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople.Trade Review'The authors do not assume extensive prior knowledge of the five varied disciplines that the work integrates, defining key concepts as needed and pointing out relevant areas of controversy in the literature … This work will be of primary interest to researchers in artificial intelligence and law, statutory interpretation, argumentation theory, and pragmatics.' Emily Da Silva, Canadian Law Library ReviewTable of Contents1. Interpretation and statutory interpretation; 2. Statutory interpretation as problem solving; 3. Interpretation and pragmatics: legal ambiguity; 4. Pragmatic maxims and presumptions in legal interpretation; 5. Arguments of statutory interpretation and argumentation schemes; 6. Classification and formalization of interpretative schemes.
£23.99
Cambridge University Press Subsidiarity
Book Synopsis''Subsidiarity'' is vague and contested, yet popular in scholarship about international law due to its role in the European Union (EU). Which conceptions of subsidiarity are more justifiable, and how might they contribute to international law? A principle of subsidiarity concerns how to establish, allocate, or use authority within a social or legal order, stating a rebuttable presumption for the local. Various historical patterns, practices, principles, and justifications offer different recommendations. Seven normative theories vary in how immunity protecting or person promoting they are. The latter appear more justifiable and withstand criticism often raised against subsidiarity. Some conceptions of person promoting subsidiarity serve as a structuring principle for international law and fullfills several criteria of a general principle of law. It can harmonize domestic and international law but is not sufficient to reduce fragmentation among sectors with different objectives.
£17.00