Systems of law Books
Edward Elgar Publishing Ltd Rule of Law Reform and Development: Charting the
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
£46.50
Edward Elgar Publishing Ltd Law and Economics
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
£910.00
St Augustine's Press Natural Law – Reflections On Theory & Practice
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
£11.17
Liverpool University Press Horkos: The Oath in Greek Society
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)
£109.50
Classical Press of Wales The Hellenistic Court: Monarchic Power and Elite
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)
£85.50
ISEAS Pluralism, Transnationalism and Culture in Asian
Book SynopsisTo honour this great scholar, this book gathers essays from admirers and friends who add their own contributions on legal pluralism, transnationalism and culture in Asia. The book opens with an account of M.B. Hooker colourful and prolific career. The authors then approach legal pluralism through legal theory, legal anthropology, comparative law, law and religion, constitutional law, even Islamic art, thus reflecting the broad approaches of Professor Hooker's scholarship. While most of the book focuses mainly on Southeast Asia, it also reaches out to all of Asia up to Israel, and even includes a chapter comparing Indonesia and Egypt.
£30.56
EUNSA. Ediciones Universidad de Navarra, S.A. H.L.A. Hart abogado del positivismo jurídico
Book Synopsis
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