Systems of law Books

Book SynopsisUnderstanding Revolution concisely, but thoroughly, explains one of the most fundamental sources of political change in the modern world. Designed to be accessible to undergraduate students, the book systematically explores such questions as: What should be defined as a revolution?; Is there a "typical" pattern to the course of a revolution?; What are the roles of ideologies, structures (e.g., the state, class structures in the international system), and individuals in shaping revolutions?; What causes groups to mobilize behind revolutionary leaders?; What happens after a revolutionary group assumes power, or fails?. The discussion highlights points of agreement and debate within the social science literature, and brief case studies of revolutions and revolutionary movements bring concepts to life.Trade ReviewAn excellent primer.... Highly recommended. All undergraduate, graduate, and research collections. One of the best teaching texts I have seen for undergraduate courses on revolution and political violence.One of the best teaching texts I have seen for undergraduate courses on revolution and political violence.Table of Contents Understanding Revolution. The "Life Course" of a Revolution. The Structural Causes of Revolution. The Role of Ideology, Part 1: Liberalism and Nationalism. The Role of Ideology, Part 2: Marxism and Religious Thought. The Sources of Revolutionary Leadership. Mobilizing the Masses. The Outcomes of Revolution. The Study of Revolution. Appendix: Case Studies, 1776-2008.

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Book SynopsisThis book is intended to provide a basic outline of the numerous steps of our federal lawmaking process from the source of an idea for a legislative proposal through its publication as a statute. It is hoped that this book will enable readers to gain a greater understanding of the federal legislative process and its role as one of the foundations of our representative system. One of the most practical safeguards of the American democratic way of life is this legislative process with its emphasis on the protection of the minority, allowing ample opportunity to all sides to be heard and make their views known. The fact that a proposal cannot become a law without consideration and approval by both Houses of Congress is an outstanding virtue of our bicameral legislative system. The open and full discussion provided under the Constitution often results in the notable improvement of a bill by amendment before it becomes law or in the eventual defeat of an inadvisable proposal. As the majority of laws originate in the House of Representatives, this discussion will focus principally on the procedure in that body.

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Book SynopsisIn this now classic text, December Green and Laura Luehrmann show how history, economics, and politics converge to create the realities of life in the Global South. The authors offer an innovative blend of theory and empirical material as they introduce the politics of what was once called the “third world.” They consistently link theoretical concepts to a set of eight contemporary case studies: China, Egypt, Indonesia, Iran, Mexico, Nigeria, Peru, and Zimbabwe. Features of the fourth edition, revised and updated from cover to cover, include: • An entirely new case study, Egypt. • Analysis of the status of regime transitions around the world. • A “report card” on the Millennium Development Goals. • Attention to the UN Global Goals for Sustainable Development and the New Development Bank. • More discussion of contentious politics, social mobilization and everyday forms of resistance. • New material on such continuing challenges as migration, human trafficking, weapons proliferation, pandemic diseases, and the impact of climate change. • An assessment of continuity and change in `international relations, with particular attention to policies during the Obama presidency and the significance for the Global South of the new US administration. The result is a text that has been successfully designed to challenge students’ preconceptions, arouse their curiosity, and foster critical thinking. Trade Review Praise for the previous editions: “This book outshines any other text I have seen.... The authors do a wonderful job of synthesizing a great deal of information and presenting it in terms that should engage an audience of undergraduates.” —Dwight Hahn, John Carroll University “The writing style is lively and the detail is impressive.... another welcome innovation is the welding together of the discussion of key issues with the eight country cases.” —Ross Burkhart, Boise State UniversityTable of ContentsComparing and Defining a Complex World. HISTORICAL LEGACIES. Precolonial History: What Once Was, and Why It Matters. How Colonialism Changed Everything. Independence: In Name Only? ECONOMIC REALITIES. Sustainable Human Development: A Progress Report. Adjustments, Conditions, and Alternatives. POLITICS AND POLITICAL CHANGE. Civil Society Takes on the State. Militaries, Militias, Guerrillas, and Terrorists. Transitions: Democracy, Dictatorship, and the Messy Middle. Authoritarian Backlash: Freedom in Decline? THE INTERNATIONAL SYSTEM. Sovereignty and the Role of International Organizations. Confronting Global Challenges. Global South Perspectives on the United States. CONCLUSION. Looking Forward: Contested Images of Power.

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Book SynopsisA staggering 42 million Americansone in four adultsface the challenges of caring for an adult friend or relative. Although caregiving can be a richly rewarding and joyful experience, the role comes with enormous responsibilitiesand pressures. AARP's gentle guide provides practical resources and tips that are easy to find when you need them, whether you're caregiving day to day, planning for future needs, or in the middle of a crisis. Equally important, this book helps you care for the caregiveryoubefore, during, and after caregiving. Author Amy Goyer, an expert in aging and families, offers insight, inspiration, and poignant stories and experiences of caregivers, including her own as a live-in caregiver for her parents.Table of ContentsChapter 1 - Your Caregiving Plan Chapter 2 - Caring for You, the Caregiver Chapter 3 - Your Caregiving Team Chapter 4 - The Organized Caregiver: Tips for Staying Sane Chapter 5 - Working Caregivers Chapter 6 - Legal Matters Chapter 7 - Managing Finances Chapter 8 - Health and Healing Chapter 9 - When Your Loved Ones Live at Home Chapter 10 - When Your Loved Ones Live in a Facility Chapter 11 - Crisis Management 101 Chapter 12 - Handling the End of Life Chapter 13 - Life After Caregiving Appendix A - Tips for Challenging Conversations Appendix B - It Is Time to Stop Driving? Appendix C - Hospital Survival Kit Appendix D - Music and Caregiving

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Book SynopsisJules Archer begins with laws that opened up America—public lands and homesteading—and continues with banking, the Bill of Rights, subversion and sedition, foreign policy. Natural resources, labor, business, education and welfare, farming, Prohibition, the New Deal, the draft and G. I. Bills, slavery and civil rights. Archer chronicles the history of laws in America.Each chapter opens with a dramatic incident, and then develops the laws relating to it. Brisk up-to-date, authoritative, informative—this volume will be valuable a supplementary reading in the classroom, as well as a welcome addition to libraries across the country. Readers of all ages will find this an exciting approach to what is usually considered difficult material.

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Book SynopsisComparing two consequential movements that shed light on the nature of revolution>Revolutions in Cuba and Venezuela compares the sociopolitical processes behind two major revolutions—Cuba in 1959, when Fidel Castro came to power, and Venezuela in 1999, when Hugo Chávez won the presidential election. With special attention to the Cuba-Venezuela alliance, particularly in regards to foreign policy and the trade of doctors for oil, Silvia Pedraza and Carlos Romero show that the geopolitical theater where these events played out determined the dynamics and reach of the revolutions.Updating and enriching the current understanding of the Cuban and Venezuelan revolutions, this study is unique in its focus on the massive exodus they generated. Pedraza and Romero argue that this factor is crucial for comprehending a revolution’s capacity to succeed or fail. By externalizing dissent, refugees helped to consolidate the revolutions, but as the diasporas became significant political actors and the lifelines of each economy, they eventually served to undermine the social movements.Using comparative historical analysis and data collected through fieldwork in Cuba and Venezuela as well as from immigrant communities in the U.S., Pedraza and Romero discuss issues of politics, economics, migrations, authoritarianism, human rights, and democracy in two nations that hoped to make a better world through their revolutionary journeys.Publication of this work made possible by a Sustaining the Humanities through the American Rescue Plan grant from the National Endowment for the Humanities.

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Book SynopsisUnderstanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized?Michael Giudice presents the problem: several methods suggest themselves as suitable to understanding law; however, each method claims unique importance with no need of others. A solution is offered in two key claims. First, many conceptual theories of law are best understood not as the result of conceptual analysis, but as constructive conceptual explanations, emphasizing a crucial role for revision and expansion of ordinary concepts, in ways responsive to new problems and new phenomena. Second, conceptual theories of law can and ought to identify necessary as well as contingent features in the construction of conceptual explanations of law. This novel book explains the importance of conceptual explanation by situating its methods and goals in relation to, rather than in competition with, social scientific and moral theories of law.The book will be of primary interest to both students and academics in legal, political, and moral philosophy. It will also be of interest to students and academics working in the social sciences who are interested in questions about the distinctive character of law.Trade Review'This is a superb book. Taking up the important debate on the role of conceptual analysis in legal theory, Giudice carefully articulates the competing positions and presents a clear-eyed and perspicuous account of conceptual analysis. This book is essential reading for anyone in legal theory.' --Dennis Patterson, European University Institute, ItalyTable of ContentsContents: Preface PART I. BEYOND CONCEPTUAL ANALYSIS 1. Analytical Jurisprudence and its Discontents 2. Constructive Conceptual Explanation 3. Conceptual Explanation and Contingency 4. Analytical Jurisprudence and Necessity PART II. ILLUSTRATIONS 5. The Contingent Relation Between Invalidity and Unconstitutionality 6. Conceptual Explanation of European Union Law PART III. CONTINUITY IN LEGAL THEORY 7. Imperialism and Difference in Legal Theory 8. Participant Understanding and Legal Theory 9. Continuity in Legal Theory Conclusion: A Look Back and a Look Forward Index

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Book SynopsisCeltic Ireland was a land of tribes and warriors; but a sophisticated & enlightened legal system was widely accepted. The brehons were the keepers of these laws, which dealt with every aspect of life: land disputes; theft or violence; marriage & divorce; the care of trees & animals.

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Book SynopsisThis special issue of Studies in Law, Politics and Society contains two sections. In the first, 'Religious Inspirations and Legal Responses', contributors examine the interaction between law and religion. They consider the liberal tradition in which the law stands in stark opposition to religion, as well as traditions in which the law is inseparable from the sacred, revealing the complex and often controversial relationship between law and religion. Case studies include religious education, Sharia debates in Australia, Canada and the U.K., and same-sex marriage in the U.S.The second section, 'Law and Social Change: Old Questions, New Answers', examines the ways in which the law simultaneously enhances and inhibits projects of social change. The varied ways in which legal institutions respond to social movements are analyzed, along with the cultural contingencies associated with law's ability to promote change, and what we can learn about law and social change by examining societies across the globe. Case studies include refugee and asylum seeker detention and the political risks of litigation in the U.S.Trade ReviewThis volume brings together seven essays contributed by political science, law, and religion scholars from Europe, Australia, Israel, and the US, who consider law in the context of religion and social change. In the first section, they examine the interaction between law and religion in terms of religious schools and equality in education in various countries; the Obergefell v. Hodges decision and religious free exercise in the era of Donald Trump; male circumcision, Jewish difference, and German law; and the Sharia debates, religious accommodation, and informal institutional norms in Australia, Canada, and the UK. The second section focuses on how the law enhances and inhibits projects of social change, with discussion of the role of legal intermediaries, the political risks of litigation in American policymaking, and the use of law and legal institutions by the social movement seeking to end Australia's policy of mandatory detention for refugees and asylum seekers. -- Annotation ©2019 * (protoview.com) *Table of ContentsSection I: Law and ReligionChapter 1. For God's Sake, Don't Segregate! Two Kinds of Religious Schools and Equality in Education; Tammy Harel Ben Shahar Chapter 2. "Honorable Religious Premises" and Other Affronts: Disputing Free Exercise in the Era of Trump; Jenna Reinbold Chapter 3. An Uneasy Encounter: Male circumcision, Jewish difference, and German law; Mareike Riedel Chapter 4. Religious Accommodation in the Secular State: The Sharia Debates in Australia; Canada, and the United Kingdom; Amira Aftab Section II: Law and Social Change: Old Questions, New Answers Chapter 5. How Legal Intermediaries Facilitate or Inhibit Social Change; Shauhin Talesh and Jérôme Pélisse Chapter 6. The Politics of Litigation; Jeb Barnes Chapter 7. But is it a harm and who is responsible? Refugees and asylum seeker detention: law, courts and social change; Jennifer Balint

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Book SynopsisGrounded in history and written by a law professor, this book is a scholarly yet jargon-free explanation of the differences among the common and civil law concepts of the rule of law, and details how they developed out of two different cultural views of the relationships between law, individuals, and government. The book shows how those differences lead to differences in economic development, entrepreneurship, and corporate governance. The author considers the relationship among the ROL and economic development, the legal and economic differences between shareholder and stakeholder theory, and also offers insights into how to promote effective and sustainable change in law and business. Students and scholars of international business law, corporate governance, economics, and political economy will gain a general understanding of the topic in a way not previously presented.Trade Review'Nadia E. Nedzel's The Rule of Law, Economic Development, and Corporate Governance applies the concepts of the rule of law to the real world and how it affects real lives through its impact on freedom, economic development, and even corporate governance. But she also shows us that asking law to do too much-trying to make people ''do good'' instead of ''not doing bad''-can threaten the rule of law itself. A splendid overview of the history, jurisprudence, and practical import of the rule of law.' --Todd Zywicki, George Mason University, USTable of ContentsContents: Preface: 1. Introduction: Two Different Western Models 2. The Growth of the English Rule of Law 3. The Development of the Continental Rule through Law 4. The United States, Checks and Balances, and a Commercial Republic – An Experiment 5. The Conflict between Rechtsstaat and the Rule of Law in the United States 6. Economic Development in Europe and the United States 7. Economic Freedom, Development, and Entrepreneurship: The Dominance of Common Law 8. Corporate Governance Index

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Book SynopsisA year in the life of an inner-city magistrate - shining a light on their hitherto arcane world, the cases they deal with, and the issues and dilemmas of courtroom life.

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Book SynopsisThis illuminating book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law. Michael Giudice takes a nuanced approach to analyse what is true and what is false in the view that law is socially constructed. He draws on accounts of European Union law as well as Indigenous legal orders in North America to demonstrate the contingency of particular concepts of law. Utilising evidence from a range of social and natural sciences, he also considers how law may have a naturally necessary core. The book concludes that while law would not exist without beliefs, intentions, and practices, it must always exist as a social rule, declaration, or directive; much, but not all, of law is socially constructed. This book will be a valuable resource for academics and students of law and philosophy as well as researchers interested in the intersections between analytical legal theory, socio-legal studies, and empirical legal studies.Trade Review‘This is an excellent overview of conceptual explanations of law, and a bold attempt to deal with one of the more well-established truisms within law and the humanities.’ -- Erin Buckley, Law in Context'Giudice attempts to reconcile two positions seemingly in tension: that law is a social construction, yet it has a natural core. Law is both a social artifact and a natural kind (of a sort). When making this argument, he demonstrates that conceptual analysis must be supplemented by causal analysis, drawing on sociology, anthropology, behavioral neuroscience, and other scientific disciplines, as well as by moral and political analysis. His thesis and his method chart potentially fruitful paths for the next stage of analytical jurisprudence. This is a fascinating, ambitious, and important work.' --Brian Z. Tamanaha, Washington University in St. Louis, US'Michael Giudice shows again the subtlety and clarity of thought we have come to expect from his work. This book is indispensable for anyone interested in understanding law, whether and how it is socially constructed, the method for understanding it, or the relation between its nature and our concept of it.' --Kenneth M. Ehrenberg, Co-Director, Surrey Centre for Law and Philosophy, UK'For many years now, Michael Giudice has been an important and unique voice, reforming analytical jurisprudence from the inside. With this astute new book, Giudice once again shows, with his customary clarity and elegance, why it is vital to balance and relate analytical, empirical and normative aspects of theorising law.' --Maksymilian Del Mar, Queen Mary University of London, UKTable of ContentsContents: Preface 1. Introduction PART I THE SOCIAL CONSTRUCTION OF LEGAL SYSTEM 2. Social constructionism and legal theory 3. Conceptual views and political commitments 4. The idea of legal system: one thought too many? PART II NATURAL LIMITS TO LAW’S SOCIAL CONSTRUCTION 5. Conceptual space for a natural core 6. Empirical evidence for social source normativity 7. Methodological implications 8. Conclusion Index

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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.

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Book SynopsisTrials by ordeal, a judicial practice in which the guilt or innocence of the accused is determined by subjecting them to a painful task, have taken place from ancient Mesopotamia until the present day. This volume focuses on a special type of ordeal by fire called the bishah ceremony, which originated in Bedouin societies and continues to be practiced in Egypt today. In Bedouin and Arab rural societies, when somebody suspects another person of theft, property damage, murder, manslaughter, illicit sexual relations, rape, or witchcraft, and there are no witness to the crime, this individual can request the suspect or suspects to accompany him to the mubasha', a Bedouin notable who conducts the ordeal by fire. The bisha'h ceremony was previously performed in Jordan and in Saudi Arabia as well as in Egypt. In Jordan, the late King Hussein banned the ordeal by fire in 1976. In Saudi Arabia, the mubasha' died in the late 1980s, without leaving a successor. Today, in Egypt, near Ismaliyya, a mubasha' continues to practice the ceremonial ordeal in which the suspect licks a ladle that is heated to between 600-900 degrees Celsius. If the suspect's tongue blisters, they are deemed guilty. If the tongue is clear, they are declared innocent. The author observed 169 of such ordeals, many of which are documented and illustrated in this volume. People who take part in the bisha'h ceremony not only come from various regions in Egypt, but also from other North African countries, and from several Middle Eastern countries, including the Gulf States. Most of the cases involve rural peasants rather than Bedouin, but there are also instances where city dwellers take part in the ordeal.

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Book SynopsisThis insightful two-volume set presents a careful selection of the most important published papers on the economics of antitrust law. The collection focuses on areas of major importance including market power, horizontal arrangements, and vertical arrangements and exclusionary behaviour. It includes seminal papers on topics such as oligopoly and collusion, horizontal mergers and joint ventures, exclusive dealing and tying and bundling. The Economics of Antitrust Law will be an essential source of reference for economists, lawyers and practitioners concerned with this important and controversial area of law and economics.Trade Review‘Antitrust law and policy now use economic analysis as the guiding star. This collection contains the seminal articles that influenced the shift to reliance on economics, as well more recent articles that are likely to influence antitrust’s future. Moreover, Klein and Lerner have written a highly useful introduction to guide the reader through the major developments of the last 30 years.’Table of ContentsContents: Volume I Acknowledgements Introduction The Role of Economics in the Development of Antitrust Law Benjamin Klein and Andres V. Lerner PART I MARKET POWER 1. Harold Demsetz (1973), ‘Industry Structure, Market Rivalry, and Public Policy’ 2. William M. Landes and Richard A. Posner (1981), ‘Market Power in Antitrust Cases’ 3. Franklin M. Fisher and John J. McGowan (1983), ‘On the Misuse of Accounting Rates of Return to Infer Monopoly Profits’ 4. Thomas G. Krattenmaker, Robert H. Lande and Steven C. Salop (1987), ‘Monopoly Power and Market Power in Antitrust Law’ 5. Jonathan B. Baker and Timothy F. Bresnahan (1992), ‘Empirical Methods of Identifying and Measuring Market Power’ 6. Benjamin Klein (1993), ‘Market Power in Antitrust: Economic Analysis after Kodak’ PART II HORIZONTAL ARRANGEMENTS A Oligopoly and Collusion 7. George J. Stigler (1964), ‘A Theory of Oligopoly’ 8. Donald F. Turner (1962), ‘The Definition of Agreement under the Sherman Act: Conscious Parallelism and Refusals to Deal’ 9. Richard A. Posner (1969), ‘Oligopoly and the Antitrust Laws: A Suggested Approach’ 10. Franklin M. Fisher (1989), ‘Games Economists Play: A Noncooperative View’ 11. Jonathan B. Baker (1993), ‘Two Sherman Act Section 1 Dilemmas: Parallel Pricing, the Oligopoly Problem, and Contemporary Economic Theory’ B Horizontal Mergers and Joint Ventures 12. Oliver E. Williamson (1968), ‘Economies as an Antitrust Defense: The Welfare Tradeoffs’ 13. Janusz Ordover and Robert D. Willig (1983), ‘The 1982 Department of Justice Merger Guidelines: An Economic Assessment’ 14. Joseph Farrell and Carl Shapiro (1990), ‘Horizontal Mergers: An Equilibrium Analysis’ 15. Jonathan B. Baker (2002), ‘Mavericks, Mergers, and Exclusion: Proving Coordinated Competitive Effects Under the Antitrust Laws’ 16. Thomas M. Jorde and David J. Teece (1990), ‘Innovation and Cooperation: Implications for Competition and Antitrust’ 17. Carl Shapiro and Robert D. Willig (1990), ‘On the Antitrust Treatment of Production Joint Ventures’ Name Index Volume II Acknowledgements Introduction The Role of Economics in the Development of Antitrust Law Benjamin Klein and Andres V. Lerner PART I VERTICAL ARRANGEMENTS 1. Aaron Director and Edward H. Levi (1956), ‘Law and the Future: Trade Regulation’ 2. Frank H. Easterbrook (1984), ‘The Limits of Antitrust’ A Tying and Bundling 3. Ward S. Bowman, Jr. (1957), ‘Tying Arrangements and the Leverage Problem’ 4. George J. Stigler (1963), ‘United States v. Loew’s Inc.: A Note of Block-Booking’ 5. William James Adams and Janet L. Yellen (1976), ‘Commodity Bundling and the Burden of Monopoly’ 6. Benjamin Klein and Lester F. Saft (1985), ‘The Law and Economics of Franchise Tying Contracts’ 7. Michael D. Whinston (1990), ‘Tying, Foreclosure, and Exclusion’ 8. Dennis W. Carlton and Michael Waldman (2002), ‘The Strategic Use of Tying to Preserve and Create Market Power in Evolving Industries’ 9. Barry Nalebuff (2004), ‘Bundling as an Entry Barrier’ B Resale Price Maintenance and Exclusive Territories 10. Lester G. Telser (1960), ‘Why Should Manufacturers Want Fair Trade?’ 11. Benjamin Klein and Kevin M. Murphy (1988), ‘Vertical Restraints as Contract Enforcement Mechanisms’ 12. Pauline M. Ippolito (1991), ‘Resale Price Maintenance: Empirical Evidence From Litigation’ C Exclusive Dealing 13. Howard P. Marvel (1982), ‘Exclusive Dealing’ 14. Philippe Aghion and Patrick Bolton (1987), ‘Contracts as a Barrier to Entry’ 15. Eric Rasmusen, J. Mark Ramseyer and John S. Wiley, Jr. (1991), ‘Naked Exclusion’ 16. Benjamin Klein and Andres Lerner (2007), ‘The Expanded Economics of Free-Riding: How Exclusive Dealing Prevents Free-Riding and Creates Undivided Loyalty’ PART II UNILATERAL EXCLUSIONARY BEHAVIOR A Predatory Pricing 17. John S. McGee (1958), ‘Predatory Price Cutting: The Standard Oil (N.J.) Case’ 18. Phillip Areeda and Donald F. Turner (1975), ‘Predatory Pricing and Related Practices under Section 2 of the Sherman Act’ 19. Janusz A. Ordover and Robert D. Willig (1981), ‘An Economic Definition of Predation: Pricing and Product Innovation’ B Raising Rivals’ Costs 20. Thomas G. Krattenmaker and Steven C. Salop (1986), ‘Anticompetitive Exclusion: Raising Rivals’ Costs to Achieve Power Over Price’ 21. Elizabeth Granitz and Benjamin Klein (1996), ‘Monopolization by “Raising Rivals’ Costs”: The Standard Oil Case’ Name Index

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Book SynopsisThis important book addresses a number of key issues regarding the relationship between the rule of law and development. It presents a deep and insightful inquiry into the current orthodoxy that the rule of law is the panacea for the world's problems. The authors chart the precarious progress of law reforms both in overall terms and in specific policy areas such as the judiciary, the police, tax administration and access to justice, among others. They accept that the rule of law is necessarily tied to the success of development, although they propose a set of procedural values to enlighten this institutional approach. The authors also recognize that states face difficulties in implementing this institutional structures and identify the probable impediments, before proposing a rethink of law reform strategies and offering some conclusions about the role of the international community in the rule of law reform.Reviewing the progress in the rule of law reform in developing countries, specifically four regions - Latin America, Africa, Central and Eastern Europe, and Asia - this book makes a significant contribution to the literature. It will be of great interest to scholars and advanced students, as well as practitioners in the field, including international and bilateral aid agencies working on rule of law reform projects, and international and regional non-governmental organizations (NGOs) that focus on rule of law reform as a major aspect of their mandate.Trade Review‘Rule of Law Reform and Development stands out as an important contribution. Michael Trebilcock and Ronald Daniels have produced an ambitious, comprehensive, and persuasive book that will be of interest to both rule of law practitioners and academics. . . the book's overall strengths as a near-encyclopaedic appraisal of law and development will ensure its standing as a key resource for this still rapidly evolving field.' -- Irina Ceric, Canadian Journal of Law and Society'This book offers a sophisticated yet pragmatic account of the proper purposes of rule of law reform, the obstacles to achieving it, and the role that the international community can play. The procedural conception of the rule of law offers an appealing alternative to both one-size-fits-all universalism on the one hand and unconstrained relativism on the other.' -- Kevin Davis, New York University School of Law, US'This is the book that I have been waiting for. Even though "rule of law" has become the new mantra in development, its meaning remains elusive and its operational content unclear. This book helps us think systematically about it. Grounded in a procedural conceptualization of the rule of law, and supported by detailed case studies, Trebilcock and Daniels' analysis lays out a theoretically sophisticated, yet practical agenda for making progress with rule-of-law reforms.' -- Dani Rodrik, Harvard University, US'This is a book on the role of legal institutions in economic development that is rich in institutional analysis and nuanced in terms of sensitivity to social, historical and political-economy issues that arise in the implementation of the rule of law. I particularly value its major focus on the need for balance between "independence" and "accountability" that afflict any rule of law reform: a balance which is missing in more one-sided accounts in the literature. I believe the book will be widely read and appreciated.' -- Pranab Bardhan, University of California, Berkeley, USTable of ContentsContents: 1. The Relationship of the Rule of Law to Development 2. The Judiciary 3. Police 4. Prosecution 5. Correctional Institutions 6. Tax Administration 7. Access to Justice 8. Legal Education 9. Professional Regulation 10. Rethinking Rule of Law Reform Strategies Index

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Book SynopsisFor this wide-ranging collection, Professor Miller has drawn on the work of the best-known scholars in this field to explore the relationship between economics and law in ancient societies. Topics covered include: the methodology of ancient economic law; the genesis, structure and limitations on liability in ancient law; the law and economics of the family; the economic structure of land law in ancient times; the management of criminal behavior; the regulation of contracts and commercial transactions; economic markets and institutions of ancient times; bankruptcy and risk; and the economics of constitutional and administrative law in ancient legal systems.Table of ContentsContents: Acknowledgements Introduction Geoffrey P. Miller PART I GENERAL APPROACHES 1. Richard A. Epstein (1997), ‘The Modern Uses of Ancient Law’ 2. Saul Levmore (1986), ‘Rethinking Comparative Law: Variety and Uniformity in Ancient and Modern Tort Law’ 3. Richard Posner (1983), ‘A Theory of Primitive Society, with Special Reference to Law’ PART II LIABILITY SYSTEMS 4. Francesco Parisi and Giuseppe Dari-Mattiacci (2004), ‘The Rise and Fall of Communal Liability in Ancient Law’ 5. Francesco Parisi (2001), ‘The Genesis of Liability in Ancient Law’ 6. Saul Levmore (1995), ‘Rethinking Group Responsibility and Strategic Threats in Biblical Texts and Modern Law’ PART III FAMILY LAW 7. Maristella Botticini and Aloysius Siow (2003), ‘Why Dowries?’ 8. Rick Geddes and Paul J. Zak (2002), ‘The Rule of One-Third’ PART IV LAND LAW 9. M.I. Finley (1953), ‘Land, Debt, and the Man of Property in Classical Athens’ 10. Robert C. Ellickson and Charles DiA. Thorland (1995), ‘Ancient Land Law: Mesopotamia, Egypt, Israel’ 11. Francesco Parisi (2004), ‘The Origins and Evolution of Property Rights Systems’ PART V CRIMINAL LAW 12. James Lindgren (1996), ‘Why the Ancients May Not Have Needed a System of Criminal Law’ 13. Thomas J. Miceli and Kathleen Segerson (2007), ‘Punishing the Innocent along with the Guilty: The Economics of Individual versus Group Punishment’ PART VI COMMERCIAL LAW 14. David Daube (1979), ‘Money and Justiciability’ 15. Geoffrey P. Miller (1993), ‘Contracts of Genesis’ 16. Geoffrey P. Miller (1993), ‘Ritual and Regulation: A Legal-Economic Interpretation of Selected Biblical Texts’ PART VII ECONOMIC MARKETS AND INSTITUTIONS 17. Peter Temin (2001), ‘A Market Economy in the Early Roman Empire’ 18. Keith Sharfman (2007), ‘The Law and Economics of Hoarding’ 19. Henry Hansmann, Reinier Kraakman and Richard Squire (2006), ‘Law and the Rise of the Firm’ PART VIII BANKRUPTCY AND RISK 20. Robert J. Aumann (2003), ‘Risk Aversion in the Talmud’ 21. Robert J. Aumann and Michael Maschler (1985), ‘Game Theoretic Analysis of a Bankruptcy Problem from the Talmud’ PART IX CONSTITUTIONAL AND ADMINISTRATIVE LAW 22. Robert K. Fleck and F. Andrew Hanssen (2006), ‘The Origins of Democracy: A Model with Application to Ancient Greece’ 23. Geoffrey P. Miller (1995), ‘J as Constitutionalist: A Political Interpretation of Exodus 17:8-16 and Related Texts’ 24. Adam S. Chodorow (2007), ‘Biblical Tax Systems and the Case for Progressive Taxation’

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Book SynopsisThis important book addresses a number of key issues regarding the relationship between the rule of law and development. It presents a deep and insightful inquiry into the current orthodoxy that the rule of law is the panacea for the world's problems. The authors chart the precarious progress of law reforms both in overall terms and in specific policy areas such as the judiciary, the police, tax administration and access to justice, among others. They accept that the rule of law is necessarily tied to the success of development, although they propose a set of procedural values to enlighten this institutional approach. The authors also recognize that states face difficulties in implementing this institutional structures and identify the probable impediments, before proposing a rethink of law reform strategies and offering some conclusions about the role of the international community in the rule of law reform.Reviewing the progress in the rule of law reform in developing countries, specifically four regions - Latin America, Africa, Central and Eastern Europe, and Asia - this book makes a significant contribution to the literature. It will be of great interest to scholars and advanced students, as well as practitioners in the field, including international and bilateral aid agencies working on rule of law reform projects, and international and regional non-governmental organizations (NGOs) that focus on rule of law reform as a major aspect of their mandate.Trade Review‘Rule of Law Reform and Development stands out as an important contribution. Michael Trebilcock and Ronald Daniels have produced an ambitious, comprehensive, and persuasive book that will be of interest to both rule of law practitioners and academics. . . the book's overall strengths as a near-encyclopaedic appraisal of law and development will ensure its standing as a key resource for this still rapidly evolving field.' -- Irina Ceric, Canadian Journal of Law and Society'This book offers a sophisticated yet pragmatic account of the proper purposes of rule of law reform, the obstacles to achieving it, and the role that the international community can play. The procedural conception of the rule of law offers an appealing alternative to both one-size-fits-all universalism on the one hand and unconstrained relativism on the other.' -- Kevin Davis, New York University School of Law, US'This is the book that I have been waiting for. Even though "rule of law" has become the new mantra in development, its meaning remains elusive and its operational content unclear. This book helps us think systematically about it. Grounded in a procedural conceptualization of the rule of law, and supported by detailed case studies, Trebilcock and Daniels' analysis lays out a theoretically sophisticated, yet practical agenda for making progress with rule-of-law reforms.' -- Dani Rodrik, Harvard University, US'This is a book on the role of legal institutions in economic development that is rich in institutional analysis and nuanced in terms of sensitivity to social, historical and political-economy issues that arise in the implementation of the rule of law. I particularly value its major focus on the need for balance between "independence" and "accountability" that afflict any rule of law reform: a balance which is missing in more one-sided accounts in the literature. I believe the book will be widely read and appreciated.' -- Pranab Bardhan, University of California, Berkeley, USTable of ContentsContents: 1. The Relationship of the Rule of Law to Development 2. The Judiciary 3. Police 4. Prosecution 5. Correctional Institutions 6. Tax Administration 7. Access to Justice 8. Legal Education 9. Professional Regulation 10. Rethinking Rule of Law Reform Strategies Index

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Book SynopsisThis collection presents an authoritative selection of the most important articles in law and economics literature, written by distinguished scholars such as Ronald Coase, Robert Cooter, Henry Manne, Steven Shavell and Oliver Williamson. The articles are arranged by theme into 12 sections, ranging across the entire spectrum of private and public law.66 articles, dating from 1960 to 1995 Contributors: G. Becker, G. Calabresi, R. Coase, R. Cooter, H. Demsetz, R. Epstein, W. Landes, H. Manne, S. Shavell, G. Stigler, O. WilliamsonTrade Review'In the context of the Elgar reference collection, a remarkable compendium of law and economics has just appeared in three volumes collecting all the requisite articles that, from the point of view of a scholar trained in the American law and economics tradition, would be relevant to be considered. . . . I consider this a very important contribution to the tool shed of the law and economics practitioner.' --Jürgen Backhaus, European Journal of Law and Economics'This book is a useful addition to the literature on legal economics. . . . It deserves to be a required reading for a foundations course in legal studies and public policy analysis.' --M. Ahsan Habib, Bimonthly Review of Law BooksTable of ContentsContents: Volume I: Part I: The Law and Economics Movement: History and Methodology Part II: Courts and the Efficiency of the Common Law Part III: Beyond Courts and Legislators: Other Sources of Law Part IV: The Coase Theorem and the Economics of Property Rights • Volume II: Part I: The Economics of Contract Law Part II: Tort Law and Liability Systems Part III: The Economics of Criminal Law and Its Enforcement • Volume III: Part I: The Economics of Family Law Part II: Corporations and Business Law Part III: Constitutional and Statutory Law Part IV: The Economics of Free Speech Part V: Labour Law and Employment Discrimination

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Book SynopsisCan there be universal moral principles in a culturally and religiously diverse world? Are such principles provided by a theory of natural law? Jacques response to both questions is 'yes.' These essays, selected from the writings of one of the most influential philosophers of the past hundred years, provide a clear statement of Maritain's theory of natural law and natural rights. Maritain's ethics and political philosophy occupies a middle ground between the extremes of individualism and collectivism. Written during a period when cultural diversity and pluralism were beginning to have an impact on ethics and politics, these essays provide a defense of natural law and natural right that continues to be timely. The first essay introduces Maritain's theory of connatural knowledge - knowledge by inclination - that lies at the basis of his distinctive views on moral philosophy, aesthetics, and mystical belief. The secondgives Maritain's principal metaphysical arguments for natural law as well as his account of how that law can be naturally known and universally held. The third explains the roots of the natural law and shows how it provides a rational foundation for other kinds of law and for human rights. In the fourth essay, reflecting his personalism and integral humanism, Maritain indicates how he extends his understanding of human rights to include the rights of the civic and of the social or working person.Trade Review"Morality is problematic - in theory as well as in practice. Perhaps because morality is inescapable, however, philosophers and others now write and talk a great deal about its nature and source. These six publications bear witness to the extent of current interest and to the range of contemporary perspectives. Most are short and are either intended for a non-academic readership or are written in styles largely intelligible to such. Natural Law by the late Jacques Maritain, and Philippa Foot's Natural Goodness, are linked by being in the tradition of Aristotle and Aquinas. As the most philosophical of the books, these are likely to be found the most difficult. Maritain, who died in 1973, was a convert to Catholicism (this book collects material mostly from the early 1950s). Foot is an admirer of Aquinas and acknowledges a great intellectual debt to her former colleague Elizabeth Anscombe, a Catholic; but her own attitude to Christianity is ambiguous.This is Foot's long-awaited first book, published in her eightieth year. The core idea animating these two slim volumes is that an agent's good consists in the realisation of one's proper nature. This does not mean that one should do just 'what comes naturally', but that one should do what pertains to one's nature as a member of a species with certain powers, most importantly that of reason. In short, one should act according to rational animal nature. To ground morality in this way presupposes that we all share in a common human nature, and can extract duties from it. This is anathema to those who insist that values have nothing to do with facts; and it is likely to seem pre-Darwinian in suggesting that human nature has a specific purpose beyond mere adaptation. Foot effectively reasserts the Aristotelian view that each species has a rationally discernible fulfilment, whether it has arisen by accident or artifice. From this defence of natural value in general, she moves to the special case of human action and its relation to the end of human happiness. Such a notion as happiness, she confesses, is 'deeply problematic' because of the diversity of views about what constitutes human happiness; and because it is easy to slip into a utilitarian way of thinking in which the end justifies the means, even to the extent of permitting harm to be inflicted. Foot's response is to insist that the focus of moral evaluation is not states of affairs or outcomes but persons and their actions. How, though, may we know what befits human flourishing? Foot writes of natural goodness largely from the standpoint of actions. In one of his essays, 'On Knowledge through Connaturality', Maritain introduces a different (and now largely neglected) perspective: because virtue is embodied in the person, 'a virtuous man may possibly be utterly ignorant in moral philosophy, and know as well - probably better - everything about virtues. . . '. Maritain argues that similar knowledge is involved in aesthetic and mystical experience. William Sweet is to be congratulated for editing this collection, which also relates natural goodness to the issues of justice and rights, and for providing a helpful introduction. Gordon Graham's Evil and Christian Ethics and Terence Penelhum's Christian Ethics and Human Nature are avowedly religious in orientation. Human nature features again in both books. Both authors are Ang-lican and invoke Christian understandings while writing as professional philosophers. Penelhum keeps furthest from moral the-ology while Graham develops an argument designed to show that our experience of good and evil is best made sense of by Christianity. Graham is a lively writer, unhesitant in expressing challenging opinions: 'if Christianity is to have anything distinctive to say about morality. . . it must do so by connecting morality with Jesus as an agent of cosmic history rather than a teacher of precepts.' In other words, Jesus is not merely another 'moral teacher' but the Incarnation of God in human history, affording us a fuller understanding of our shared human nature. Simon Blackburn and Richard Ryder, however, believe that religious ethics is undermined by the falsity of its foundational premise, namely the existence of God, and that morality must now be pursued on a secular basis. In Painism, Ryder seeks to show that you can have morality without God. Blackburn, by contrast, in Being Good, attends enthusiastically to exposing the repugnance of biblical ethics, as he sees it, and to demonstrating that appeals to divine commands are worse than irrelevant. Following Plato, he argues that moral justification for an action can never in itself be provided by appeal to its being the will of God. Both Being Good and Painism are directed towards the general reader, and each is written from and addressed to post-religious sensibilities. Both favour an account of ethics as residing in sentiment, most particularly in compassion. Reason can determine appropriate evidence and maintain ethical consistency, but ultimately what we ought to do results from feelings we have (by nature) for ourselves and others. Both authors give attention to securing what Blackburn terms 'Freedom from the bad'; but whereas for him this is only a part of morality, 'too grey and neutral to excite our ambition and admiration', for Ryder it is the very essence of ethics: 'Pain (i.e. suffering) is the only evil' and the only moral objective 'is to reduce the pain of others'. Ryder would have us adopt 'painism' as the name of the true morality. Unfortunately he supports his proposal with some dubious arguments, such as that one cannot weigh relative amounts of pain between groups and individuals because 'each individual is the boundary of its own consciousness'. Certainly one cannot pool pains in some sea of collective agony, without discrimination or quantification. But that does not show that comparative assessments cannot be made. After all, 20 single pound coins put into a scale tip the balance against a single pound coin on the other side even though each coin is 'the boundary of its own weight'. Likewise, since frustration is a form of pain as Ryder understands this, we can construct cases in which it will be justified to inflict pain on one person in order to relieve the frustrations of another. Painism all too easily slides back to utilitarianism. It is hard to assess the state of popular sentiment concerning morality, though relativism seems to be the common currency: morality is then regarded as just a matter of variable convention, with 'live and let live' being the dominant maxim. 'Live and let live', however, tends to be offered as an absolute principle leading many philosophers to regard this kind of relativism as vulgar and self-refuting. I doubt that they can easily absolve themselves from any responsibility. After all, these ideas are common among those in positions where opinions are called for and attended to, and their main sources are popular academic presentations of moral subjectivism. What emerges from this survey is that ethical theory still needs to be practised; that any adequate theory must relate good and evil to human nature; and that utilitarianism has still not gone away. Morality remains problematic." John Haldane The Tablet 28th July 2001Table of ContentsNotes, Index

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Book SynopsisDrawing upon Foucauldian analyzes of governmentality, the authors contend that social housing must be understood according to a range of political rationalities that saturate current practice and policy. They critically address the practice of dividing social from private tenure; situating subjects such as the purpose and financing of social housing, the regulation of its providers and occupiers and its relationship to changing perceptions of private renting and owner-occupation, within the context of an argument that all housing tenures form part of an understanding of social housing. They also take up the ways in which social housing is regulated through the invocation and manipulation of obscure notions of housing ‘need’ and ‘affordability’, and finally, they consider how social housing has provided a focus for debates about sustainable communities and for concerns about anti-social behaviour. Regulating Social Housing provides a rich and insightful analysis that will be of value to legal scholars, criminologists and other social scientists with interests in housing, urban studies and contemporary forms of regulation.Trade Review"This important work epitomises the strengths of soci-legal research. It moves beyond a law-in-context approach, drawing on social theory to inform and elaborate upon interpretations of statute and case law and their implications for social housing." - Helen Carr, Kent Law School, University of Kent "The real strength of the book lies in the application of Cowan and McDermont's theoretical analysis to their chosen topics... Regulating Social Housing is admirably ambitious in its scope and will repay close reading by anyone who wants to further their understanding of current housing policies, regulation theory, or key arguments about the construction of social housing." - Sarah Blandy, Housing Studies 22:4 (July 2007) "The success of the book is in drawing out a number of themes through subject-specific chapters... There is much here that housing academics and the wider community of socio-legal scholars will find of value, and it is the sort of book that readers will find themselves referring back to, time and again." - Emma Laurie, Legal Studies Vol. 27 No. 2 (July 2007)Table of ContentsOn Social Housing, Decline, Regulation and Government. Constructing the Domain. Needing Need. On Money. Regulatory Truths. The 'Social' Contract. Private Renting. Owner-Occupation. Conclusion

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Book SynopsisThe importance of oaths to ancient Greek culture can hardly be overstated, especially in the political and judicial fields; but they have never been the object of a comprehensive, systematic study.This volume derives from a research project on the oath in ancient Greece, and comprises seventeen chapters by experts in law, in political and social history, in literary criticism, and in cross-cultural studies, exploring the subject from a broad spectrum of positions. Topics covered include the nature of ancient Greek oaths; the functions they performed within communities and in relations between them; their exploitation in literary texts and at critical moments in history; and connections between Greek oath phenomena and those of other cultures with which Greek came into contact, from the Hittites to the Romans.Table of Contents Introduction (Alan H. Sommerstein) Part I: Oaths and their Uses 1 Oaths in political life (P.J. Rhodes, University of Durham, UK) 2 Oaths in Greek international relations (Sarah Bolmarcich, University of Michigan, USA) 3 Litigants' oaths in Athenian law (Michael Gagarin, University of Texas, Austin, USA) 4 The dikast's oath (David C. Mirhady, Simon Fraser University, Canada) 5 Could a Greek oath guarantee a claim right? (David M. Carter, University of Reading, UK) 6 Oath and contract (Edwin M. Carawan, Missouri State University, USA) 7 "An Olympic victory must not be bought": oath-taking, cheating and women in Greek athletics (Jonathan S. Perry, University of Central Florida, USA) Part II: Case studies 8 Epinician swearing (Bonnie MacLachlan, University of Western Ontario, Canada) 9 Horkos in the Oresteia (Judith Fletcher, Wilfrid Laurier University, Canada) 10 Masters of manipulation: Euripides' (and Medea's) use of oaths in Medea (Arlene Allan, University of Otago, New Zealand) 11 Cloudy swearing: when is an oath not an oath? (Alan H. Sommerstein, University of Nottingham, UK) 12 Thucydides and Plataian perjury (Simon Hornblower, University College London, UK) 13 The oath of Demophantos and the politics of Athenian identity (Julia L. Shear, University of Glasgow, UK) 14 The Syracusans' great oath and the Greek hierophantic performance (Tarik Wareh, Union College, Schenectady, USA) Part III: From East, to West 15 Oath and allusion in Alcaeus 129 (Mary R. Bachvarova, Willamette University, USA) 16 Cosmological oaths in Empedocles and Lucretius (Myrto Gkarani, University of Patras, Greece) 17 "I swear by Augustus himself": the Greek oath in the Roman world (Serena Connolly, Yale University, USA)

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Book SynopsisHellenistic courts were centres of monarchic power, social prestige and high culture in the kingdoms that emerged after the death of Alexander. They were places of refinement, learning and luxury, and also of corruption, rivalry and murder. Surrounded by courtiers of varying loyalty, Hellenistic royal families played roles in a theatre of spectacle and ceremony. Architecture, art, ritual and scholarship were deployed to defend the existence of their dynasties. The present volume, from a team of international experts, examines royal methods and ideologies. It treats the courts of the Ptolemies, Seleucids, Attalids, Antigonids and of lesser dynasties. It also explores the influence, on Greek-speaking courts, of non-Greek culture, of Achaemenid and other Near Eastern royal institutions. It studies the careers of courtesans, concubines and 'friends' of royalty, and the intellectual, ceremonial, and artistic world of the Greek monarchies. The work demonstrates the complexity and motivations of Hellenistic royal civilisation, of courts which governed the transmission of Greek culture to the wider Mediterranean world - and to later ages.Table of Contents. Court, Kingship, and Royal Style in the Early Hellenistic Period Shane Wallace (TCD, Dublin) 2. At Home with Royalty: Constructing the Hellenistic Palace Janett Morgan (Royal Holloway, London) 3. The Seleucid and Achaemenid Court: Continuity or Change? David Engels (Brussels) 4. ???? ???????: The Multiple Ways of Life of Courtiers in the Hellenistic Age Ivana Savalli-Lestrade (CNRS, Paris) 5. Eunuchs, Renegades and Concubines: The ‘Paradox of Power’ and the Promotion of Favourites in the Hellenistic Empires Rolf Strootman (Utrecht) 6. Callimachus, Theocritus and Ptolemaic Court Etiquette Ivana Petrovic (Virginia) 7. Symbol and Ceremony: Royal Weddings in the Hellenistic Age Sheila Ager (Waterloo) 8. Once a Seleucid, Always a Seleucid: Seleucid Princesses and and their Nuptial Courts Alex McAuley (Cardiff) 9. In the Mirror of Hetairai. Tracing Aspects of the Interaction Between Polis Life and Court Life in the Early Hellenistic Age Kostas Buraselis (Athens) 10. Image and Communication in the Seleucid Kingdom: the King, the Court and the Cities Paola Ceccarelli (UCL) 11. Outside the Capital: the Ptolemaic Court and its Courtiers Dorothy J. Thompson (Cambridge) 12. Courting the Public: the Attalid Court and Domestic Display Craig Hardiman (Waterloo) 13. Hellenistic Patronage and the non-Greek World Erich Gruen (Berkeley) 14. Bithynia and Cappadocia: Royal Courts and Ruling Society in the Minor Hellenistic Monarchies Oleg Gabelko (Russian State University) 15. Deserving the Court’s Trust: Jews in Ptolemaic Egypt Livia Capponi (Pavia) 16. Misconduct and Disloyalty in the Seleucid Court Peter Franz Mittag (Cologne) 17. The Hands of Gods? Poison and Power in the Hellenistic Court Stephanie Winder (Edinburgh) 18. The Royal Court in Ancient Macedonia: the Evidence from Tombs Olga Palagia (Athens)

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