Systems of law Books

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisThe essays in this collection grew out of a series of invited lectures given in France on the nature of justice and the law. They represent a reflection on the relationship of the juridical and the philosophical concept of right, situated between moral philosophy and politics.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

Book Synopsis

Read more less

Book SynopsisThe Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their Christian faith on the professional output of the individuals studied. Little has previously been written about the faith of the great judges who framed and developed the English common law over centuries, but this unique volume explores how their beliefs were reflected in their judicial functions. This comparative study, embracing ten centuries of English law, draws some remarkable conclusions as to how Christianity shaped the views of lawyers and judges. Adopting a long historical perspective, this volume also explores the lives of judges whose practice in or conception of law helped to shape the Church, its law or the articulation of its doctrine.Trade Review'The scope is wide, reaching from the thirteenth century (Henry of Bratton) to the twentieth (Lord Denning), and the chapters are of consistently high quality. Thus the volume is no mere biographical collection, but a unique contribution for the way it explores the complicated interactions between faith and practice, ecclesiastical law and common law, and recurring questions about the boundaries between civil and ecclesial jurisdictions. … In sum, this is an excellent start for the Great Christian Jurists series, and it has set a high bar for subsequent volumes.' Journal of Markets and Morality'This book deserves wide readership not only by researchers but for its general historical interest. Each essay is discrete and can be enjoyed separately or as part of the whole.' Sheila Cameron, Church Times'Great Christian Jurists presents a fascinating diversity in the interaction between faith and law, dependent among other things on the person's character and temperament, as well as the relevant historical context. Perhaps, therefore, the key lesson of the book is that the relationship between Christianity and law in a person's life is a complex one, not susceptible of one single authorized mode of expression. Faith can be expressed in more than one legitimate way and it would be inappropriate to attempt to contrive a single model or blueprint. The volume succeeds in providing a helpful overview of the life and contributions made by leading Christian jurists, and makes a welcome contribution to the Cambridge Studies in Law and Christianity series.' Benjamin B. Saunders, Reading ReligionTable of Contents1. Introduction R. H. Helmholz and Mark Hill, QC; 2. Henry of Bratton (alias Bracton) Nicholas Vincent; 3. William Lyndwood R. H. Helmholz; 4. Christopher St German: religion, conscience and law Ian Williams; 5. Sir Edward Coke: faith, law and the search for stability in reformation England David Chan Smith; 6. Richard Hooker: priest and jurist Norman Doe; 7. The integrative Christian jurisprudence of John Selden Harold Berman and John Witte; 8. Matthew Hale as Theologian and natural law theorist David S. Sytsma; 9. Lord Mansfield: the reasonableness of Religion Norman S. Poser; 10. William Blackstone's Anglicanism Wilf Prest; 11. Lord Kenyon: preaching from the bench James Oldham; 12. Stephen Lushington Stephen M. Waddams; 13. Roundell Palmer, Earl of Selborne Charlotte Smith; 14. F. W. Maitland: faithful dissenter Russell Sandberg; 15. A passion for justice: Lord Denning, Christianity and the law Andrew Phang.

Read more less

Book SynopsisLittle attention has been paid to the development of Australian private law throughout the first half of the twentieth century. Using the law of tort as an example, Mark Lunney argues that Australian contributions to common law development need to be viewed in the context of the British race patriotism that characterised the intellectual and cultural milieu of Australian legal practitioners. Using not only primary legal materials but also newspapers and other secondary sources, he traces Australian developments to what Australian lawyers viewed as British common law. The interaction between formal legal doctrine and the wider Australian contexts in which that doctrine applied provided considerable opportunities for nuanced innovation in both the legal rules themselves and in their application. This book will be of interest to both lawyers and historians keen to see how notions of Australian identity have contributed to the development of an Australian law.Table of Contents1. Introduction; 2. Historiography and the history of Australian private law in the first half of the twentieth century: Et in Arcadia Ego?; 3. Avoiding and interpreting the 'refinements of English law': Defamation in Australia 1901–45; 4. Politics, politicians, the press and the law of defamation; 5. Negligence and the boundaries of liability: liability for acts of third parties; 6. Negligence and the vexing question of shock-induced harm; 7. Negligence and the boundaries of liability: government and quasi-government liability; 8. In defence of King and country; 9. Environment and Australian tort law: the problem of fire and weeds; 10. Sport and recreation: tort law and the national pastime 1901–45; 11. Conclusion.

Read more less

Book SynopsisEnters into highly contemporary debates about media freedoms and the role of communication in states emerging from, and engaged in, violent conflict. It will help readers better understand why media systems adopt certain features and what the real and potential role of media can be in societies that are engaged in complex political transitions.Trade Review'From her in-depth analysis of the region's history, contemporary media use, and future potentials, Streamlau has demonstrated what excellent media and journalism analysis can and should look like across the African continent and developing world.' Allison Hailey Hahn, International Journal of CommunicationTable of Contents1. Introduction; 2. Between authoritarian politics and free expression: Ethiopia; 3. The emergence of an Ethiopian developmental model; 4. Purging and politics: the challenges of institutional transformation; 5. Media, elections and polarized politics: Uganda; 6. The NRM and the decline of political ideology; 7. A new vision for the rebuilding of state institutions; 8. Media and opposition in single party politics; 9. Conclusion.

Read more less

Book SynopsisIt is a settled rule of international law that a State may not rely on the provisions of its ''internal law'' as justification for failing to comply with international obligations. However, the judiciaries of most countries, including those with a high record of compliance with international norms, have increasingly felt the need to preserve the area of fundamental principles, where the State''s inclination to retain full sovereignty seems to act as an unbreakable ''counter-limit'' to the limitations deriving from international law. This volume explores this trend by adopting a comparative perspective, addressing the question of how conflicts between international law and national fundamental principles are dealt with and resolved within a specific legal system. The contributing authors identify common tendencies and fundamental differences in the approaches and evaluate the implications of this practice for the future of the principle of supremacy of international law.Table of Contents1. Introduction Fulvio Maria Palombino; 2. Brasil Paula Almeida; 3. Canada Stéphane Beaulac; 4. China Pierfrancesco Rossi; 5. France Raphaële Rivier; 6. Germany Niels Petersen; 7. Greece Mariela Apostolaki and Antonios Tzanakopoulos; 8. India Vinai Singh; 9. Indonesia Simon Butt; 10. Israel Yuval Shany; 11. Italy Daniele Amoroso; 12. Japan Hajime Yamamoto and Yota Negishi; 13. Mexico Francisca Pou Giménez and Alejandro Rodiles; 14. Netherlands André Nollkaemper and Rosanne van Alebeek; 15. Nigeria Babafemi Akinrinade; 16. Russia Maria Smirnova; 17. South Africa Hannah Woolaver; 18. Turkey Ikboljon Qoraboyev and Emre Turkut; 19. United Kingdom Eirik Bjorge and Ewan Smith; 20. United States David Sloss; 21. Conclusions Fulvio Maria Palombino.

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisThe economic and geopolitical implications of China''s rise have been the subject of vast commentary. However, the institutional implications of China''s transformative development under state capitalism have not been examined extensively and comprehensively. Regulating the Visible Hand? The Institutional Implications of Chinese State Capitalism examines the domestic and global consequences of Chinese state capitalism, focusing on the impact of state-owned enterprises on regulation and policy, while placing China''s variety of state capitalism in comparative perspective. It first examines the domestic governance of Chinese state capitalism, looking at institutional design and regulatory policy in areas ranging from the environment and antitrust to corporate law and taxation. It then analyses the global consequences for the regulation of trade, investment and finance. Contributors address such questions as: What are the implications of state capitalism for China''s domestic institutional trajectory? What are the global implications of Chinese state capitalism? What can be learned from a comparative analysis of state capitalism?Trade ReviewThe book can safely be recommended to anyone interested in Chinese political economy in general or SOEs specifically ... The ground covered through all three parts is vast and conceptually envelops SOEs in China between various points of view dealing with the political, social and global aspects, all of which have an unfortunate tendency of absence in more traditional and sterile research. Indeed, the relatively large number of chapters, expert contributors and content puts this volume halfway toward becoming a handbook on Chinese state capitalism ... With the logical arch of this volume spanning from the regulation pertaining to the largest economic subjects in China and finishing in the comparative issues of Chinese capitalism, unafraid to tackle questions such as labor organization, Party political elites and international implications along the way, it is well poised to become another useful voice. * Josip Lučev, The Legal History Review *Table of ContentsList of Contributors ; Acknowledgments ; Introduction: The Institutional Implications of China's Economic Development ; Benjamin L. Liebman and Curtis J. Milhaupt ; Part I: Domestic Institutional Implications ; 1. Indigenous Evolution of SOE Regulation ; Deng Feng ; 2. Blowback: How China's Efforts to Bring Private-Sector Standards into the Public Sector Backfired ; Donald Clarke ; 3. Protecting the State from Itself? Regulatory Interventions in Corporate Governance and the Financing of China's "State Capitalism" ; Nicholas Calcina Howson ; 4. Quenching Thirst with Poison? Local Government Financing Vehicles - Past, Present and Future ; Liao Fan ; 5. Antitrust Regulation of China's State-Owned Enterprises ; Angela Huyue Zhang ; 6. Taxation of State-Owned Enterprises: A Review of Empirical Evidence from China ; Wei Cui ; 7. Balancing Closure and Openness: The Challenge of Leadership Reform in China's State-Owned Enterprises ; Li-Wen Lin ; 8. Legal Informality and Human Capital Development in China ; Chen Ruoying ; 9. Reforming China's State-Owned Enterprises: Institutions, Not Ownership ; Curtis J. Milhaupt and Wentong Zheng ; 10. SOEs and State Governance: How State-Owned Enterprises Influence China's Legal System ; Zheng Lei, Benjamin Liebman and Curtis J. Milhaupt ; 11. The Social Relations of Chinese State Capitalism ; Mary E. Gallagher ; 12. Chinese State Capitalism and the Environment ; Alex Wang ; Part II: Global Institutional Implications ; 13. China's Rising Outward FDI: Its Reception in Host Countries and Implications for International Investment Law and Policy ; Karl P. Sauvant and Michael D. Nolan ; 14. The WTO and China's Unique Economic Structure ; Mark Wu ; Part III: Chinese State Capitalism in Comparative Perspective ; 15. The Hybridization of China's Financial System ; Katarina Pistor, Guo Li & Zhou Chun ; 16. Governing State Capitalism: The Case of Brazil ; Mariana Pargendler ; 17. Chinese Exceptionalism or New Varieties of State Capitalism ; Sergio Lazzarini and Aldo Musacchio ; Index

Read more less

Book SynopsisAt the century''s end, societies all over the world are moving from authoritarian rule to democracy. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones by bygones? Transitional Justice takes the debate to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Teitel explores the recurring question of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, and contending through historical and comparative illustrations that the law nevertheless plays a profound role in periods of radical change. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition.Trade ReviewRuti Teitel shows in the most comprehensive analysis to date, one of the most vexed topics in the debate about transitional justice-the question of amnesty-was addressed in the Athenian Constitution that followed Athen's defeat in the Peloponnesian War...her frequent illuminating references to the stories of the Old Testament illustrate that the problems and complexities of reconciling a deeply divided society.. * David Dyzenhaus *Table of ContentsIntroduction ; 1. The Rule of Law ; 2. Criminal Justice ; 3. Historical Justice ; 4. Reparatory Justice ; 5. Administrative Justice ; 6. Constitutional Justice ; 7. Towards a Theory of Transitional Justice

Read more less

Book SynopsisAt the century''s end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols oTrade ReviewPerhaps the most useful chapter in the book is the one examining reparatory justice. Teitel handles well the duality of reparations * The American Journal of International Law, Vol. 95, 2001 *"A valuable contribution to the growing body of scholarly literature."--Aryeh Neier, New York Review of Books"Impressive....Teitel goes through the complex issues raised during transitional periods in an ambitious attempt to construct the language of a new jurisprudence. What is novel about Teitel's approach is the attempt to provide an overarching approach to understanding issues that arise in and out of transitional justice....[The book] is filled with fresh ideas and interesting, provoking perspectives....Essential reading for all those facing the complexities of transition in practice."--Times Higher Education SupplementTable of ContentsIntroduction ; 1. The Rule of Law ; 2. Criminal Justice ; 3. Historical Justice ; 4. Reparatory Justice ; 5. Administrative Justice ; 6. Constitutional Justice ; 7. Towards a Theory of Transitional Justice

Read more less

Book SynopsisThis book develops a general, philosophical theory about the nature of law and its relationship with morality. Its central theoretical question is whether, in determining the extent of our legal rights and obligations, judges must appeal to moral principles and values. The author argues that they often do, and develops a philosophical theory which accomodates this fact.Trade Reviewmuch of Waluchow's book ably defends inclusive positivism ... Anyone wishing to see a well-argued defense of a legal theory that attempts to take legal phenomena at face value would do well to read Waluchow's book. * William H Wilcox, The Philosophical Review Vol 106 no1 (January 1997) *`The book is dense with argumentation ... Its richness may be a result of the fact that many of the chapters resulted from academic articles which hold their own as independent scholarly contributions but, the care with which many of the arguments have been crafted and systemized in the present work cannot be taken for granted ... Professor Waluchow has produced an insightful work which, I hope, would find space in our over-populated jurisprudence courses.' Legal StudiesThere are many insights and a very useful re-run of arguments about the nature of law, so unfashionable at present ... Waluchow's book is rich with ideas and examples and the general tenor is one of rigour ... it is an intelligent, rich and constructive contribution to the long-running debate about the place of moral judgement in law. * Cambridge Law Journal *'Waluchow writes clearly and succinctly throughout...this is a very impressive book, lucidly written with assiduous regard to the complexities of opponents' arguments. As well as pointing out the fallacies in much modern legal theory, Waluchow offers many fresh insights into theories with which we thought we were familiar. This book is a significant addition to the ongoing debate between positivists and natural lawyers.' * Mind *

Read more less

Book SynopsisThis new collection of essays opens with a pivotal essay, not previously published, on the implications of the moral duties which arise out of concern for the well-being of others. The first part of the book concentrates on the consequences of two central aspects of well-being: the importance of membership in groups - the role of belonging - and the active character of well-being - that it largely consists in successful activities. Both aspects have far-reaching political implications, explored in essays on free expression, national self-determination, and multiculturalism, among others. Against the background of the moral and political views developed in the first part, the second part of the book explores various aspects of the dynamic inter-relations between law and morality, offering some building blocks towards a theory of law.Trade ReviewAn excellent exposure to Raz's recent thoughts ... Raz offers sharp opinions in clear and unpretentious prose * London Review of Books *Table of ContentsI: THE ETHICS OF WELL-BEING: POLITICAL IMPLICATIONS ; II: BETWEEN LAW AND MORALITY

Read more less

Book SynopsisThis book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is.Trade Review... thought-provoking and philosophically sophisticated ... deserves attention from anyone interested in the philosophy of law ... [Marmor's] analysis of constitutive conventions is stimulating ... In an age tarnished by the fatuities of postmodernist mountebanks, his rigorous approach to the philosophy of law is admirable indeed. * The Cambridge Law Journal *Table of Contents1. Constitutive Conventions ; 2. Conventions and The Normativity of Law ; 3. Exclusive Legal Positivism ; 4. The Separation Thesis and The Limits of Interpretation ; 5. Authority and Authorship ; 6. Three Concepts of Objectivity ; 7. Four Questions about The Objectivity of Law ; 8. The Objectivity of Values ; Bibliography

Read more less

Book SynopsisThe authors of this volume engage in essay form in a lively debate over the fundamental characteristics of legal and moral rights. Each author considers whether rights essentially protect individuals'' interests or whether they instead essentially enable individuals to make choices. The book addresses many questions including: What are the necessary and sufficient conditions for the existence of a right? What is the connection between the existence and the enforcement of a right (i.e., between rights and remedies)? Does the identification of rights inevitably involve value judgements? To what extent can rights be in conflict? The answers to these and related questions can illuminatingly clarify, though not finally resolve, some of the present-day controversies over abortion, euthanasia, and animal rights. Anyone interested in the basic nature of rights and other entitlements will profit from reading this book.Trade Reviewthe authors expound their positions with admirable vigor and clarity. This work will certainly be of significant interest to anyone concerned with the Hohfeldian jural framework, the "Interest" and "Will" theories of Rights, on the rival analytic and evaluative approaches to the philosophical foundations of rights theory. It is, then, a more than welcome addition to our ongoing "debate over rights" * Jack Wade Nowlin, Dept. of Politics, Princeton University *Table of ContentsPreface ; Introduction ; Rights Without Trimmings ; 1. Setting the Hohfeldian Table ; 2. Rights Without Trimmings ; Appendix: Getting Hohfeld Right ; Rights at the Cutting Edge ; 1. Background ; 2. The Fundamental Issues ; 3. Hohfeld and the Fragmentation of Rights ; 4. Hohfeld and the Kantians ; 5. The Interest Theory of Rights ; 6. The Modern Will Theory ; Working Rights ; 1. Preliminary Intuitions about Rights ; 2. From Hohfeld to Hart: The Modern Will Theory ; 3. Some Apparent Problems with the Will Theory ; 4. From Hart to Kant: The Classical Will Theory (Partly) Redeemed ; 5. Some Real Problems with the Interest Theory ; Index

Read more less

Book SynopsisThe English law of obligations has developed over most of the last millennium without any major discontinuity. Through this period each generation has built on the law of its predecessors, manipulating it so as to avoid its more inconvenient consequences and adapting it piecemeal to social and economic changes. Sometimes fragments borrowed from other jurisdiction have been incorporated into the fabric of English law; from time to time ideas developed elsewhere have, at least temporarily, imposed a measure of structure on a common law otherwise messy and inherently resistant to any stable ordering. In this book David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers successfully exploiting procedural advantages in their clients'' interest are juxtaposed alongside changes caused by friction along the boundaries of these principal legal categories; fossilized remnants of old doctrTrade Review... provides a fresh look at many more subjects than most legal historians can have mastered. ... this book will cause readers to rethink their reaction to some present-day legal problems in light of the past. ... [Ibbetson] has given us both a basic treatment of the law of obligations and a considerable number of fresh insights that will enlighten any teacher's understanding and presentation of the subject. * Legal History (no date) *Dr Ibbetson has achieved something of a tour de force ... lucid and scholarly historical treatment ... easy to read and attractively presented ... much more than a simple chronological account of the evolution of legal doctrine ... * Law Quarterly Review April 2001 *masterly review of the substantive law of tort in the Middle Ages ... Compendious though it is, the book is not long, and this is all the more remarkable in that the style is not at all dense, but easy and flowing. The text is replete with well-chosen examples, and the footnotes are informative and stimulating. ... As pleasurable as it is informative, as balanced as it is intelligent, this volume is an invaluable addition to a distinguished literature. * Modern Law Review March 2001 *It is a valuable contribution to the literature of legal history...This work...is to be welcomed on this account for every advanced student of the subject will need to read, and digest, the book. * D.E.C. Yale Cambridge Law Journal Nov 2000 *A Historical Introduction to the Law of Obligations is a remarkable book which every lawyer with any interest in the law of obligations should read. * Peter Cane July 1999 *This is a great work of legal history by a quite exceptional scholar. Every legal historian will recognise the magnitude of its achievement. However, it is extraordinarily important that it should not be seen as only legal history. We have never had a better path to thorough understanding of the modern law of obligations in the common law. Every university jurist who teaches all or part of that area of the law must digest the learning of this book. * Peter Birks - Regius Professor of Civil Law, University of Oxford - August 1999. *Table of Contents1 PROLOGUE: THE PREHISTORY OF THE ENGLISH LAW OF OBLIGATIONS ; 2 STRUCTURAL FOUNDATIONS ; 3 UNITY AND FRAGMENTATION OF THE MEDIAEVAL LAW OF CONTRACT ; 4 TRESPASS, TRESPASS ON THE CASE, AND THE MEDIAEVAL LAW OF TORT ; 5 THE SUBSTANTIVE LAW OF TORTS ; 6 THE SUBSTANTIVE LAW OF CONTRACT ; PART 2 THE TRIUMPH OF TRESPASS ON THE CASE ; 7 TORT, PROPERTY, AND REPUTATION: THE EXPANSION OF THE ACTION ON THE CASE ; 8 THE RISE OF THE ACTION OF ASSUMPSIT ; PART 3 THE MODERN LAW OF TORT AND CONTRACT ; 9 TRESPASS, CASE, AND THE MORAL BASIS OF LIABILITY ; 10 THE LAW OF TORTS IN THE NINETEENTH CENTURY: THE RISE OF THE TORT OF NEGLIGENCE ; 11 THE LAW OF TORTS IN THE TWENTIETH CENTURY: EXPANSION AND COLLAPSE OF THE TORT OF NEGLIGENCE ; 12 FOUNDATIONS OF THE MODERN LAW OF CONTRACT ; 13 THE RISE OF THE WILL THEORY ; THE WILL THEORY AND THE CLASSICAL MODEL OF CONTRACT ; 14 THE DECLINE OF THE WILL THEORY: LEGAL REGULATION AND CONTRACTUAL FAIRNESS ; PART 4 UNJUST ENRICHMENT ; 15 UNJUST ENRICHMENT ; 16 LEGAL CHANGE AND LEGAL CONTINUITY

Read more less

Book SynopsisThis book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract. The book is in three parts. Part I introduces the idea of ''contract theory'', and presents a framework for identifying, classifying, and evaluating contract theories. Part II describes and evaluates the most important general theories of contract; examples include promissory theories, reliance-based theories, and economic theories. In Part III, the theoretical issues raised by the various specific doctrines that make up the law of contract (e.g., offer and acceptance, consideration, mistake, remedies, etc.) are examined in separate chapters. The legal focus of the book iTable of Contents1. WHAT IS CONTRACT THEORY?; 2. INTRODUCTION TO GENERAL THEORIES: CLASSIFICATION AND OVERVIEW; 5. ESTABLISHING AGREEMENT: THE LAW OF OFFER AND ACCEPTANCE

Read more less

Book SynopsisThis collection of materials is concerned not only with the law of evidence, but also with the logical and rhetorical aspects of proof; the epistemology of evidence as a basis for the proof of disputed facts; and scientific aspects of the subject. The editor raises issues such as the use of different theories of probability in legal reasoning.Table of ContentsPreface ; Table of Works Represented, with Abbreviations Used ; Evidence, Proof, and Facts: Introductory Essay ; 1. The Concept of Evidence and the Law of Evidence ; SECTION 1: WHAT IS EVIDENCE? ; Bentham, Rationale ; Schum, Foundations ; SECTION 2: DEVELOPMENT OF THE LAW OF EVIDENCE ; Thayer, Preliminary Treatise ; Holdsworth, History ; Twining, Rethinking Evidence ; SECTION 3: ARE EXCLUSIONARY RULES OF EVIDENCE NEEDED? ; Bentham, Rationale ; Stephen, Report ; SECTION 4: THE PHILOSOPHY UNDERLYING THE LAW OF EVIDENCE: OPTIMISTIC RATIONALISM ; Twining, Theories ; 2. Logic and Rhetoric ; SECTION 1: LOGIC, DEDUCTIVE REASONING, AND THE SYLLOGISM ; Aristotle, Topics ; Aristotle, Prior Analytics ; Mill, System ; SECTION 2: REJECTION OF THE SYLLOGISM AS A SCIENTIFIC METHOD ; Bacon, Novum Organum ; Hume, Enquiry ; Schum, Foundations ; SECTION 3: LOGIC, INDUCTIVE REASONING, AND INFERENCES FROM EVIDENCE ; Schmidt, The Influence of the Legal Paradigm on the Development of Logic ; Mill, System ; SECTION 4: LOGICAL FALLACIES ; Mill, System ; SECTION 5: DIALECTIC AND RHETORIC ; Aristotle, The Art of Rhetoric ; Plato, Gorgias ; Plato, Phaedrus ; 3. Judicial Reasoning About Facts ; SECTION 1: RELEVANCE ; Stephen, Digest ; US Federal Rule of Evidence 401 ; Bentham, Rationale ; Schum, Foundations ; Keynes, Treatise ; SECTION 2: DIRECT AND CIRCUMSTANTIAL EVIDENCE ; Bentham, Rationale ; SECTION 3: THE PROCESS OF JUDICIAL REASONING ; Thayer, Preliminary Treatise ; Wigmore, Science ; SECTION 4: PROBATIVE VALUE AND WEIGHT ; Bentham, Rationale ; Keynes, Treatise ; SECTION 5: GENERALIZATIONS ; Hume, Enquiry ; Bentham, Rationale ; Mill, System ; 4. Causation ; SECTION 1: PHILOSOPHICAL BASIS FOR THEORY OF CAUSE AND EFFECT ; Aristotle, Physics ; Locke, Essay ; Hume, Treatise ; Hume, Enquiry ; Mill, System ; SECTION 2: CAUSE AND EFFECT AS BASIS FOR INFERENCE FROM EVIDENCE ; Hart and Honore, Causation ; Schum, Foundations ; SECTION 3: LEGAL APPLICATIONS OF CAUSATION ; Hart and Honore, Causation ; 5. The Standard of Proof ; SECTION 1: RELATIONSHIP OF INDUCTIVE REASONING TO STANDARDS OF PROOF ; Cohen, The Probable and the Provable ; SECTION 2: PROOF BY A PREPONDERANCE OF THE EVIDENCE ; Rhesa Shipping Co SA v. Edmunds (The Popi M) ; T.N.T. Management Pty. Ltd. v. Brooks ; Cohen, The Probable and the Provable ; SECTION 3: PROOF BEYOND REASONABLE DOUBT ; Shapiro, Beyond Reasonable Doubt ; Cohen, The Probable and the Provable ; SECTION 4: DECISION THEORY IN RELATION TO STANDARDS OF PROOF ; Kaplan, Decision Theory and the Factfinding Process ; Tribe, Trial by Mathematics: Precision and Ritual in the Legal Process ; 6. Theories of Probability ; SECTION 1: PROBABILITY THEORIES GENERALLY ; Locke, Essay ; Hume, Treatise ; Bentham, Rationale ; Keynes, Treatise ; SECTION 2: PROBABILITY APPLIED TO HUMAN CONDUCT AND CREDIBILITY ; Keynes, Treatise ; Eggleston, Evidence, Proof, and Probability ; SECTION 3: THE PRINCIPLE OF INDIFFERENCE ; Cohen, Introduction ; 7. Probability: Issues of Mathematics ; SECTION 1: MATHEMATICAL PROBABILITY CALCULUS ; Mill, System ; Schum, Foundations ; Cohen, Introduction ; SECTION 2: REVISION OF PROBABILITY ESTIMATES IN LIGHT OF NEW EVIDENCE: BAYES' RULE ; Schum, Foundations ; Bayes, Essay ; SECTION 3: MATHEMATICS IN THE COURTROOM ; People v. Collins ; R v. Adams (No. 2) ; 8. Probability: Mathematical and Non-Mathematical Models ; SECTION 1: MON-MATHEMATICAL PROBABILITY MODELS ; Mill, System ; Keynes, Treatise ; Cohen, Introduction ; Cohen, The Probable and the Provable ; SECTION 2: PASCAL OR BACON? THE GREAT DEBATE ; Tribe, Trial by Mathematics: Precision and Ritual in the Legal Process ; Kaye, The Laws of Probability and the Laws of the Land ; 9. Alternative Epistemologies of Evidence ; SECTION 1: CHANCE AND ACAUSAL CONNECTIONS ; Aristotle, Physics ; Mill, System ; SECTION 2: THE OLDER MODES OF PROOF ; Holdsworth, History ; Hammurabi, Code ; Manu, Laws ; Supakar, The Law of Evidence in Ancient India ; SECTION 3: A WOMAN'S PERSPECTIVE ; Harmon, Etchings on Glass ; APPENDIX 1: INFERENCE NETWORKS AND THE CHARTING OF EVIDENCE ; Wigmore, The Problem of Proof ; APPENDIX 2: SOME COMMONLY USED HYPOTHETICALS ; Index

Read more less

Book SynopsisIn Defense of Legal Positivism is an uncompromising defence of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Matthew Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets.Some of the chapters pose arguments against other major theorists such as David Lyons, Lon Fuller, Joseph Raz, Michael Detmold, Ronald Dworkin, Nigel Simmonds, John Finnis, Philip Soper, neil McCormick, gerald Postema, Stephen Perry, and Michael Moore, while others extend rather than defend legal positivism; they refine the insights of legal positivism and develop the implications of those insights in strikingly novel directions. The book concludes with a detailed discussion of the obligation to obey the lae- a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.Trade ReviewReview from previous edition Kramer's analysis is detailed, thoroughgoing and comprehensive. He lays bare the fundamental disagreements between positivist and anti-positivist theorists, and in the process promotes a richer understanding of the view he seeks to defend. * Philosophical Quarterly *Matthew Kramer, with characteristic vigour and analytical force, presents a staunch defense of positivism against many popular forms of idealism and rejects many of the concessions that positivism has made to idealism....Kramer's defence of legal positivism is a powerful synthesis of the ideas of some of the most well-known expositors of the doctrine. Whilst his general approach is negative -- in that he attempts to provide rebuttals to many of the more popular idealist attacks on positivism -- he does present a positive thesis, and it is on this that attention is focused. His positive argument skilfully combines Hartian, Austinian and Hobbesian jurisprudence....Kramer's analyses make stimulating reading....[H]e manages to clear much dead wood from the debate concerning the moral content of law and provides interesting arguments to which thosen of a different persuasion will have to respond * Patrick Capps, Modern Law Review, Sept. 2000. *Kramer provides an exhaustive defense of legal positivism against those who attribute a necessary relationship between law and morality... [H]is argument is a useful counterweight to the predominance of liberal moralizing and American parochialism that plagues contemporary legal theorizing...Kramer thus performs a valuable reminder to his fellow legal theorists that the act of maintaining the law by judges can be as self-interested and hypocritical as can the partisan business of legislation. One hopes that legal scholars have not become too pious (or self-interested, for that matter) to take up Kramer's challenge. * The Law and Politics Book Review Vol.10 No.1 *Matthew Kramer's defence of legal positivism [is] densely and intelligently argued....[An] enormous investment of intellectual energy * Oxford Journal of Legal Studies *Matthew Kramer's recent defense of legal positivism [is] one of the clearest and most powerful analyses to appear in recent years. * Philip Soper *Table of ContentsPreface ; 1. Introduction ; PART I: POSITIVISM DEFENDED ; 2. Justice as Constancy ; 3. Scrupulousness Without Scruples: A Critique of Lon Fuller and His Defenders ; 4. Requirements, Reasons, and Raz: Legal Positivism and Legal Duties ; 5. The Law in Action: A Study in Good and Evil ; 6. Also Among the Prophets: Some Rejoinders to Ronald Dworkin's Attacks on Legal Positivism ; PART II: POSITIVISM EXTENDED ; 7. Disclaimers and Reassertions ; 8. Elements of a Conceptual Framework ; 9. Law and Order: Some Implications ; Index

Read more less

Book SynopsisBaker and Milsom''s Sources of English Legal History is the definitive source book on the development of English private law. This new edition has been comprehensively revised and udpated to incorporate new sources discovered since the original publication in 1986, and to reflect developments in recent scholarship.All the sources included are translated into modern English, offering an accessible inroad to the leading primary materials for students of the history of the common law.The sources themselves - revealing the operation of courts across a wide range of personal and economic disputes - offer a rich resource for historians researching the development of the English government, society, and economy. Their significance in shaping the common law spans beyond England, and ensures the collection is an essential reference point for all those interested in the history of the common law in any jurisdiction.Table of ContentsPreface to the Second Edition ; Preface to the First Edition ; 1. Tenure: services and incidents ; 2. Actions concerning land ; 3. Family interests and settlements at common law ; 4. Uses, wills, and trusts ; 5. Executory interests under the Statute of Uses ; 6. The term of years ; 7. Copyhold ; 8. Debt ; 9. Detinue ; 10. Covenant ; 11. Account ; 12. Trespass ; 13. Trespass on the case ; 14. Assumpsit for misfeasance ; 15. Assumpsit for nonfeasance ; 16. Assumpsit in lieu of debt ; 17. Assumpsit against executors for money ; 18. Various developments of the money counts ; 19. Consideration and privity ; 20. Actions on the case for deceit ; 21. Actions on the case for conversion ; 22. Actions on the case for negligence ; 23. Actions on the case for nuisance ; 24. Actions on the case for various kinds of economic loss ; 25. Actions on the case for defamation ; Index

Read more less

Book SynopsisThe Warren Court of the 1950s and 1960s was the most liberal in American history. Yet within a few short years, new appointments redirected the Court in a more conservative direction, a trend that continued for decades. However, even after Warren retired and the makeup of the court changed, his Court cast a shadow that extends to our own era. In The Long Reach of the Sixties, Laura Kalman focuses on the late 1960s and early 1970s, when Presidents Johnson and Nixon attempted to dominate the Court and alter its course. Using newly released--and consistently entertaining--recordings of Lyndon Johnson''s and Richard Nixon''s telephone conversations, she roots their efforts to mold the Court in their desire to protect their Presidencies. The fierce ideological battles--between the executive, legislative, and judicial branches--that ensued transformed the meaning of the Warren Court in American memory. Despite the fact that the Court''s decisions generally reflected public opinion, the surroTrade ReviewKalman deftly argues that confirmation hearings with little substance, nominees selected exclusively from Harvard and Yale, and the heavy emphasis on past judicial experience are a direct consequence of the lessons presidents have learned from this critical period. * C. Shortell, CHOICE *Table of ContentsPreface I: A New President Seeks Power: 1963-65 II: Musical Chairs, 1965-66 III: Bogeyman, 1966-1968 IV: "A Man's Reach Should [Not] Exceed His Grasp:" Summer and Fall, 1968 V: The Last Days of the Warren Court, 1969-70 VI: "Southern Discomfort," 1969-70 VII: The Lost Ball Game, Or How Not to Choose Two Justices, 1971 Epilogue

Read more less

Book SynopsisPierre Manent is one of France's leading political philosophers. This first English translation of his profound and strikingly original book La loi naturelle et les droits de l'homme is a reflection on the central question of the Western political tradition.Trade Review“In Natural Law and Human Rights, the French philosopher Pierre Manent provides a searching critique of the doctrines, policies, and practices of ‘human rights’ prevailing today. To interpret or replace them, he proposes the original natural law that is always available to anyone who ponders the basic human experiences. That law, knowable and accessible in our time, is our guide to live for the best.” —Harvey C. Mansfield, Kenan Professor of Government, Harvard University; Senior Fellow, the Hoover Institution, Stanford University“Pierre Manent’s book is a compact feast. Once properly digested, his thesis is original and electrifying.” —Patrick Deneen, author of Why Liberalism Failed“Pierre Manent takes on the now-daring task of rehabilitating classical natural law and does so with what might be described as Gallic verve.” —Will Morrisey, author of The Dilemma of Progressivism“Why is the 'critique of modernity' such a ubiquitous genre? . . . Natural Law and Human Rights, the new book by formidable French political theorist Pierre Manent, provides another framework for understanding the proliferation of these critiques of modernity.” —The Hedgehog Review"This is a bold book, and Patrick Deneen’s back-cover blurb of this book as a 'compact feast' may undersell it. This book is a treasure chest, for in a little more than 100 pages Manent lavishly offers gems of insight. His greatest jewel of wisdom is that modern man cannot win his fight against the natural law, for it is still part of him, deny it though he may." —The Federalist“Manent’s prescient critique of human rights may be the best tool at our disposal to interpret the weaknesses that COVID-19 has revealed. The modern politics of human rights is too individualistic, too theoretical, and too technical, Manent warns, all faults that poison our ability to deliberate the natural ends of man and make a real choices, take real actions.” —The American Mind“It takes a bold man to offer public criticism of the idea of ‘human rights.’ . . . The western world is blessed to have such a man—bold, profound, and prudent—in Pierre Manent. All of these virtues are displayed in his excellent new book, Natural Law and Human Rights. . . . The book is rich in insight, the fruit of Manent’s decades of deep meditation on the history of political philosophy and on the intellectual, moral, and political predicament of the modern world.” —Public Discourse“[Manent] details the need for our discourse on human rights to be reintegrated into what he calls an ‘archic’ understanding of human and political existence. Only by seeing rights as rooted in duties and by seeing them in light of the the natural moral law can we be both intellectually sound in our practical reasoning and well-grounded in our claims about human rights.” —International Philosophical Quarterly“In a remarkable book titled Natural Law and Human Rights: Toward a Recovery of Practical Reason, Manent responds to Montaigne’s challenge. Here Manent persuasively defends the enduring relevance of the old cardinal virtues—courage, justice, prudence, and moderation—and of a conception of non-arbitrary conscience that can provide practical reason with rich moral content.” —The New Criterion"Manent helps us to see the deep chasm that lies between the modern human rights worldview and that of natural law." —The New BioethicsTable of Contents1. Why Natural Law Matters 2. Counsels of Fear 3. The Order of the State without Right or Law 4. The Law, Slave to Rights 5. The Individual and the Agent 6. Natural Law and Human Motives Appendix: Recovering Law’s Intelligence

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

Book SynopsisLon Fuller coined the term "eunomics" for "the study of good order and workable social arrangements." The essays in this volume--representing most of the work of his mature years--are his "exercises in eunomics." They are studies of the principal forms of legal order, including contract, adjudication, mediation, legislation, and administration. In addition, the volume includes several essays on legal education and the ethics of lawyering. Fuller thought of lawyers as "architects of social structure," that is, creators and managers of the various forms of legal order. These responsibilities require close attention to problems of institutional design, in which the concern is with ends as well as means. Accordingly, Fuller believed that legal education should shift from the analysis of appellate court cases to a problem-solving orientation, attending to the conditions for "orderly, fair, and decent" governance. In a lecture on freedom published for the first time in this edition, Fuller develops the idea that the forms of legal order are the diverse vehicles by which freedom is effectively exercised in society. Lon Fuller taught contracts and jurisprudence at the Harvard Law School from 1939 to 1972, where he was Carter Professor of General Jurisprudence. His writings, such as "The Case of the Speluncean Explorers," are classics of the legal literature.Table of ContentsPart 1 Eunomics - the theory of good order and workable social arrangements: means and ends. Part 2 The principles and forms of social order: two principles of human association; the forms and limits of adjudication; mediation - its forms and functions; the implicit laws of lawmaking; the role of contract in the ordering processes of society generally; irrigation and tyranny; human interaction and the law. Part 3 Legal philosophy, legal education and the practice of law: the needs of American legal philosophy; the lawyer as an architect of social structures; on legal education; philosophy for the practising lawyer; the case against freedom; appendix.

Read more less