Systems of law Books

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Book SynopsisFor centuries, most people believed the criminal justice system worked - that only guilty defendants were convicted. DNA technology shattered that belief. DNA has now freed more than three hundred innocent prisoners in the United States. This book examines the lessons learned from twenty-five years of DNA exonerations and identifies lingering challenges.Trade Review'This thoughtful collection of essays on one of the most important scientific and legal advances of the past century is a must read for anyone who wants to understand American criminal justice. Exonerations have so much to teach us about what goes wrong in police encounters, prosecutors' offices, and courtrooms around the country, and this book serves as a much needed guide.' Rachel E. Barkow, Segal Family Professor of Regulatory Law and Policy and Faculty Director, Center on the Administration of Criminal Law, New York University School of Law'This excellent and timely collection examines the revolutionary impact of DNA identification on American criminal justice. It explores the major changes triggered by DNA exonerations, starting in 1989 - in criminal investigation, trial procedure, the use of the death penalty - and it discusses the challenges we still face and reforms that may yet happen.' Samuel R. Gross, Thomas and Mabel Long Professor of Law, University of Michigan'Wrongful Convictions and the DNA Revolution should be required reading for prosecutors, defense attorneys, judges, and jurors alike. The book magnificently lays bare the painful but critical lessons from twenty-five years of struggle for exoneration of the innocent.' Jeannie Suk Gersen, John H. Watson, Jr Professor of Law, Harvard Law School'The chapters of Wrongful Convictions and the DNA Revolution summarize remarkable strides achieved by the Innocence Movement, provide insight into the movement's legal and institutional elements, and point to future challenges. Every criminal law scholar in law schools and criminal justice departments would benefit by reading the volume. It is an excellent high-level entry point for criminologists new to wrongful conviction research. Instructors could assign individual chapters in advanced wrongful conviction courses. In sum, Daniel S. Medwed's volume deserves a central place in the growing library of wrongful conviction scholarship.' Marvin Zalman, Criminal Law and Criminal Justice Books (www.clcjbooks.rutgers.edu)Table of ContentsForeword Barry Scheck and Peter Neufeld; Introduction. Talking about a revolution: a quarter century of DNA exonerations Daniel S. Medwed; Innocence before DNA Michael Meltsner; Part I. A Look Back - What Have We Learned from 25 Years of DNA Exonerations?; Section 1. The Big Picture: 1. Convicting the innocent redux Brandon L. Garrett; 2. Has the innocence movement become an exoneration movement? The risks and rewards of redefining innocence Richard A. Leo; Section 2. A Closer Look at Specific Lessons: 3. Negotiating accuracy - DNA in the age of plea bargaining Alexandra Natapoff; 4. Reacting to recantations Rob Warden; 5. A tale of two innocence clinics - client representation and legislative advocacy Jacqueline McMurtrie; Section 3. The DNA Era and Changing Views of the Death Penalty: 6. How DNA has changed contemporary death penalty debates Michael L. Radelet; 7. What does innocence have to do with cruel and unusual punishment? Robert J. Smith, G. Ben Cohen and Zoe Robinson; Part II. A Glance Ahead - What Can Be Done to Avoid Wrongful Convictions in the Future?; Section 4. Substantive Reforms: 8. Flawed science and the new wave of innocents Keith A. Findley; 9. Prosecutors - the thin last line protecting the innocent George C. Thomas, III; 10. Ineffective assistance of counsel and the innocence revolution - a standards-based approach Adele Bernhard; Section 5. Procedural Changes: 11. Post-conviction procedure - the next frontier in innocence reform Stephanie Roberts Hartung; 12. Can we protect the innocent without freeing the guilty? Thoughts on innocence reforms that avoid harmful tradeoffs Paul G. Cassell; 13. Retrospective justice in the age of innocence - the hard case of rape executions Margaret Burnham; 14. Outbreaks of injustice - responding to systemic irregularities in the criminal justice system Sandra Guerra Thompson and Robert Wicoff; 15. Exonerating the innocent - habeas for nonhuman animals Justin F. Marceau and Steven Wise; Section 6. The International Arena: 16. The global innocence movement Mark Godsey; 17. Innocence at war Erik Luna.

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Book SynopsisThe book examines and makes proposals for improving the law and management of collaborative defence procurement programmes and provides practical examples to enhance efficiency of cooperation between states. Covering a broad scope of legal issues, it contains invaluable information for practitioners, policy-makers and academics aiming to analyse or improve these projects.Table of ContentsPart I. Analysis of Collaborative Defence Procurement in the EU: 1. The need for collaborative defence procurement; 2. Organisation of collaborative defence procurement programmes; 3. Procurement process of collaborative defence procurement programmes; 4. Initiatives to improve collaborative defence procurement in Europe; Part II. Legal Framework of Defence Procurement in the EU: 5. The Matryoshka doll of four legal relationships; 6. The EU treaties and defence procurement; 7. The EU public procurement directives and defence procurement; 8. The EU legislation on trade in defence goods; 9. Institutional law of international organisations; Part III. Examples of Collaborative Defence Procurement Structures: 10. International organisation performing collaborative defence procurement in Europe; 11. State-to-state defence procurement cooperation; Part IV. First Matryoshka Doll: The Decision to Participate in a Collaborative Programme: 12. Applicability of the public contracts directive; 13. Applicability of the defence and security directive; 14. Applicability of the EU treaties principles; Part V. Second Matryoshka Doll: The Relationship between the Participating States: 15. International agreements and EU law; 16. Obligation to implement directives; Part VI. Third Matryoshka Doll: The Procurement Rules of the Programme Management Entity: 17. Procurement rules of programmes managed by an international organisation; 18. Procurement rules of programmes managed by a lead nation; Part VII. Actual Compliance with Applicable Law: 19. Rules for OCCAR programmes; 20. Rules for EDA projects and programmes; 21. Rules of NSPO; Part VIII. How to Improve Collaborative Defence Procurement in the EU: 22. Increasing efficiency of collaborative defence procurement programmes; 23. Legal improvements of collaborative defence procurement.

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Book SynopsisOriginally published posthumously in 1954, this book presents a study of the unwritten law of the Albanian mountain tribes by the renowned Scottish anthropologist, classical scholar and ethnographer Margaret Hasluck (18851948). In recording the legal aspects of tribal life, Hasluck also provides detailed information on the everyday existence of the tribes.Table of ContentsPreface J. E. Alderson; Introduction J. H. Hutton; 1. The geographical framework; 2. The unwritten law in outline; 3. The Albanian house; 4. The Albanian household; 5. The master of the house; 6. The separation of brothers; 7. The law of the dog; 8. Roads; 9. Boundaries; 10. Pasturage; 11. Bajraktars; 12. Elders; 13. The administration of justice; 14. General assemblies; 15. Assemblies and their work; 16. The oath. I. Oath-taker and compurgators; 17. The oath. II. The oath-taking; 18. The oath. III. Verdict and penalties; 19. Witness (Këpucar); 20. Theft as a crime; 21. Murder within the family; 22. Blood feud. I. Family vengeance and collective vengeance; 23. Blood feud. II. Course of the feud; 24. Blood feud. III. Expiator and expiation; 25. Blood feud. IV. Peace-making; Appendix. Laws passed at general assemblies, translated from the original Albanian; Index.

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Book SynopsisOur world and the people within it are increasingly interpreted and classified by automated systems. At the same time, automated classifications influence what happens in the physical world. These entanglements change what it means to interact with governance, and shift what elements of our identity are knowable and meaningful. In this cyber-physical world, or ''world state'', what is the role for law? Specifically, how should law address the claim that computational systems know us better than we know ourselves? Monitoring Laws traces the history of government profiling from the invention of photography through to emerging applications of computer vision for personality and behavioral analysis. It asks what dimensions of profiling have provoked legal intervention in the past, and what is different about contemporary profiling that requires updating our legal tools. This work should be read by anyone interested in how computation is changing society and governance, and what it is aboutTrade Review'Jake Goldenfein's brilliant and theoretically sophisticated reconstruction of legal identity in the era of automated profiling serves notice to our would-be digital overlords: the days when they could imagine that legal and policy frameworks were too hopelessly outdated to keep up are over. Monitoring Laws is a crucial contribution to contemporary discussions of privacy and profiling that provides the conceptual and historical resources for developing a regulatory regime that protects personal identity and legal rights in an era of ubiquitous monitoring.' Mark Andrejevic, Monash University'How thrilling it is to read a work that stretches ideas of what legal thought and practice have been, and what they might yet become. Monitoring Laws is such a book. In captivating, pellucid prose, Jake Goldenfein retells the story of two centuries of profiling practice - from photography to neural nets, from dossiers to data analytics - and the legal, representational and relational thinking imbricated therein. Throughout, Goldenfein shows, legal notions of identity have been modulated, challenged and reworked along with developments in surveillance technology. And those notions may yet still be, he shows, by thinking juridically with data, rather than through, against, or in spite of our contemporary informational existence. To the broad range of readers likely to find this book of interest, Goldenfein urges paying close attention to how the world and we who live here are being structured and actioned informationally, and extending our thinking about legal subjects accordingly. And once one does attend to this book's thoughtful refiguring of the stakes of digital surveillance, it is indeed hard to look away.' Fleur Johns, University of New South Wales, Sydney'You are being observed, monitored and profiled in more areas of life than you know. In this brilliant book, Jake Goldenfein explains the history and theory of the laws of monitoring, and provides a roadmap to the future. If you want to understand how we got to this point, and what's at stake in a panoptical society, then you need to read this book.' Dan Hunter, Executive Dean, Queensland University of TechnologyTable of Contents1. Monitoring laws; 2. The image and institutional identity; 3. Images and biometrics: privacy and stigmatization; 4. Dossiers, behavioural data, and secret speculation; 5. Data subject rights and the importance of access; 6. Automation, actuarial identity, and law enforcement informatics; 7. Algorithmic accountability and the statistical legal subject; 8. From image to computer vision: identity in the world state; 9. Person, place, and contest in the world state; 10. Law and legal automation in the world state; Index.

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Book SynopsisThe progress of society can only happen through interpersonal cooperation, because only cooperation can bring about mutual benefit, thus bringing happiness to each person. This should be our collective rationality, but we often see it conflicts with individual interests, which leads to the so-called Prisoners' Dilemma and does not bring happiness to all. From a game theoretical perspective, this book addresses the issue of how people can cooperate better. It has two objectives. The first is to use common language to systematically introduce the basic methodologies and core conclusions of Game Theory, including the Nash equilibrium, multiple equilibriums, dynamic games, etc. Mathematics and theoretical models are used to the minimum necessary scope too, to make this book get access to ordinary readers with elementary mathematical training. The second objective is to utilize these methods and conclusions to analyze various Chinese social issues and institutional arrangements, wTable of ContentsList of figures. List of tables. Foreword to the Chinese Edition Chapter 1 Individual Rationality and Social Optimum Chapter 2 The Nash Equilibrium and the Prisoners’ Dilemma Game Chapter 3 Multiple Equilibriums, Institutions, and Cultures Chapter 4 Threats and Commitments Chapter 5 Bargaining and Patience Chapter 6 Repeated Games and Cooperative Behavior Chapter 7 Incomplete Information and Reputation Chapter 8 Adverse Selection, Brands, and Regulation Chapter 9 Signaling and Social Norms Chapter 10 Mechanism Design and Income Distribution Chapter 11 Moral Hazard and Corruption Chapter 12 Evolutionary Games and the Spontaneous Order Chapter 13 Laws and Social Norms Chapter 14 Institutional Entrepreneurs and the Rules of the Game References. Index

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Book SynopsisPlunder examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder the practice of violent extraction by stronger political actors victimizing weaker ones. Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side Examines the Rule of Law''s relationship with ''plunder'' the practice of violent extraction by stronger political actors victimizing weaker ones in the service of Western cultural and economic domination Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States Dares to ask the paradoxical question is the Rule of Law itself illegal? Trade Review"Plunder is a detailed, well written autopsy of how law and our legal system further strengthens the already powerful, while decimating those already located outside the reach of power. In the world of the post-economic collapse, Plunder is a painfully frightening roadmap decrying the dangers of the exact "legal" practices (derivatives, call options, etc.) that brought on the current economic crisis." (Multinational Monitor, Jan - Feb 2009) “Mattei and Nader note how win-win situations as ostensibly promoted by Alternative Dispute Resolution practices are in fact harmony ideologies that ‘may be used to suppress people's resistance, by socializing them toward conformity by means of consensus, cooperation, passivity, and docility, and by silencing people who speak out angrily." (Swans Commentary) "Without doubt this is an important book … Mattei and Nader have produced a courageous, intellectually refined, and superbly critical book about one of the main instruments of society-building in our culture. The book should find a wide audience in law classes, and in graduate courses of sociology, anthropology, and political sciences." (Journal of the Royal Anthropological Institute)Table of ContentsPreface. Introduction. 1. Plunder and The Rule of Law. An Anatomy of Plunder. Plunder, Hegemony, and Positional Superiority. Law, Plunder, and European Expansionism. Institutionalizing Plunder: The Colonial Relationship and the Imperial Project. A Story of Continuity: Constructing the Empire of Law (lessness). 2. Neo-liberalism: Economic Engine of Plunder. The Argentinean Bonanza. Neo-Liberalism: An Economic Theory of Simplification and a Spectacular Project. Structural Adjustment Programs and the Comprehensive Development Framework. Development Frameworks, Plunder, and the Rule of Law. 3. Before Neo-Liberalism: a Story of Western Plunder. The European Roots of Colonial Plunder. The Fundamental Structure of US Law as a Post-Colonial Reception. A Theory of Lack, Yesterday and Today. Before Neo-Liberalism: Colonial Practices and Harmonious Strategies—Yesterday and Now. 4. Plunder of Ideas and the Providers of Legitimacy. Hegemony and legal Consciousness. Intellectual Property as Plunder of Ideas. Providing Legitimacy: Law and Economics. Providing Legitimacy: Lawyers and Anthropologists. 5. Constructing the Conditions for Plunder. Plunder of Oil: Iraq and Elsewhere. The New World Order of Plunder. Not Only Iraq: Plunder, War, and Legal Ideologies of Intervention. Institutional Lacks as Conditions for Plunder: Real or Created?. Double Standards Policy and Plunder. Poverty: Justification for Intervention and Consequence of Plunder. 6. International Imperial Law. Reactive Institutions of Imperial Plunder. U.S. Rule of Law: Forms of Global Domination. The Globalization of the American Way. An Ideological Institution of Global Governance: International Law. Holocaust Litigation: Back to the Future. The Swallowing of International Law by U.S. law. Economic Power and the U.S. Courts as Imperial Agencies. 7. Hegemony and Plunder. The Demise of the Rule of Law in the United States. Strategies to Subordinate the Rule of Law to Plunder. Plunder in High Places: Enron and its Aftermath. Plunder in Even Higher Places: Electoral Politics and Plunder. Plunder of Liberty: The War on Terror. Plunder Undisrupted: The Discourse of Patriotism. 8. Beyond an Illegal Rule of Law?. Summing Up: Plunder and The Global Transformation of the Law. Imperial Rule of Law or the People's Rule of Law. The Future of Plunder. Notes to Text. Selected Further Reading. Documentary Film Resources. Index

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Book SynopsisTable of Contents1. Introduction 2. The idea of human rights 3. The history of human rights and the Convention 4. Constitutional considerations 5. The scheme of the Human Rights Act 1998 6. Remedies under the Human Rights Act 7. Introduction to the Convention rights 8. The right to life: Article 2 9. Freedom from torture: Article 3 10. Freedom from slavery: Article 4 11 . Personal liberty: Article 5 12. The right to a fair trial: Article 6 13. Retrospective legislation: Article 7 14. The right to privacy: Article 8 15. Freedom of conscience: Article 9 and Article 2 of the First Protocol 16. Freedom of expression: Article 10 17. Freedom of assembly: Article 18. The right to marry: Article 12 19. Non-discrimination: Article 14 20. The right to property: Article 1 of the First Protocol 21. Free elections: Article 3 of the First Protocol 22. The problem of terrorism 23. Conclusion Appendix 1 The Human Rights Act 1998 Appendix 2 The European Convention for the Protection of Human Rights and Fundamental Freedoms Appendix 3 Members of the Council of Europe and Convention ratifications Appendix 4 The Universal Declaration of Human Rights Appendix 5 European Union Charter of Fundamental Rights

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Book SynopsisBennion, Bailey and Norbury on Statutory Interpretation is the leading work on statutory interpretation. It provides a clear and comprehensive guide to understanding, interpreting and applying legislation. Regularly used by practitioners and academics, and frequently cited in judgments throughout the common law world, it is a trusted and authoritative resource.The eighth edition continues to enhance the presentation and scope of the content, including new chapters on devolution contributed by subject experts.The material in the new edition has been extensively restructured, and in places rewritten, to improve accessibility and enhance the content. The edition has been produced by a new editorial team, with Professor David Feldman QC (Hon) FBA, Rouse Ball Professor of English Law, as consultant editor.Key features:* comprehensive and up to date account of statutory interpretation* logical structure and overviews enable readers to find information quickly* each section begins with a succ

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Book SynopsisThis book presents an exhaustive, integrated treatment of the law of Delict in Scotland, covering negligence, injuries to specific interests (such as defamation and assault), statutory liability, and defences and remedies. It also gives appropriate consideration to case law and commentary from other jurisdictions, especially England and Wales.

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Book SynopsisBrings together 15 principal essays by David Sellar (1941-2019), reflecting his pioneering contribution to Scottish legal history, covering the topics of Celtic law and institutions, the influence of Canon and English law across a wide range of legal subjects (including family law, succession, criminal law, evidence) and customary law.

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Book SynopsisThe democratic legal system created by the Athenians was completely controlled by ordinary citizens, with no judges, lawyers, or jurists involved. It placed great importance on the litigants’ rhetorical performances. Did this make it nothing more than a rhetorical contest judged by largely uneducated citizens that had nothing to do with law, a criticism that some, including Plato, have made?Michael Gagarin argues to the contrary, contending that the Athenians both controlled litigants’ performances and incorporated many other unusual features into their legal system, including rules for interrogating slaves and swearing an oath. The Athenians, Gagarin shows, adhered to the law as they understood it, which was a set of principles more flexible than our current understanding allows. The Athenians also insisted that their legal system serve the ends of justice and benefit the city and its people. In this way, the law ultimately satisfied most Athenians and probably pTrade ReviewBacked by many years of research in the field of Greek law, the author systematically demonstrates the many ways in which the Athenians ensured that their legal system upheld both the rule of law and democratic ideals and shows clearly that the Athenian legal system was one that achieved its aims and worked as intended in the context in which it developed...Gagarin’s latest work is, as always, accessible and coherent while remaining precise and incisive. It will be a valuable introduction to the Athenian legal system for many and a useful addition to the libraries of scholars and students working on the Athenian democracy. * Polis *[Democratic Law in Classical Athens] does a very good and interesting job of exploring the Athenian judicial system in its wider civic context. * Sehepunkte *[Democratic Law in Classical Athens] is a discerning overview of the workings of the Athenian judicial system with a crucial emphasis on the context of ancient democracy and culture. The writing is lucid, thorough, meticulously footnoted, well illustrated with copious ancient examples and informative for scholars of all levels...We must always remember that the ancients were regular people with a culture, world view and practice of self-government far different from our own. In constructing this rich and dynamic social setting Gagarin shines. * Classical Review *"Gagarin’s argument is characteristically nuanced and persuasive, grounded in the sources and in a deep understanding of the operation of law both in Classical Athens and more widely in Archaic and Classical Greece. The book’s thoughtful discussion will make it a valuable addition to the collections of scholars and students of Athenian law and democracy, and it is likely to serve as a clear and accessible introduction to the subject for many." * Journal of Hellenic Studies *Apart from being well-written and easily comprehended, Gagarin’s latest work is worth reading above all for his courage in tackling the much-debated issue of the effectiveness of the Athenian legal system. The author’s intelligent employment of comparisons between legal practices in Athens and in modern states, which helps him demonstrate the high degree of efficiency of the Athenian legal system, brings studies on Athenian law closer to comparative legal studies and, thus, to a readership not limited only to classicists...readers who are open to discovering a new perspective on Athenian law will be made to feel at ease by the clarity of his thought. * Bryn Mawr Classical Review *[Democratic Law in Classical Athens] provides an excellent overview of the relationship between law and democracy in Athens and serves as a testament to the great care and judgment with which Gagarin has studied the subject over many years. * Mouseion: Journal of the Classical Association of Canada *Table of Contents Preface Introduction Chapter 1. Democracy Chapter 2. Performance Chapter 3. Negotiation Chapter 4. Rhetoric Chapter 5. Rules and Relevance Chapter 6. Justice Chapter 7. Public Interest Chapter 8. The Rule of Law Conclusion Bibliography Index Locorum General Index

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Book SynopsisPreface by R.A. Duff In line with theories of National Socialism as a continuation and radicalization of existing trends, this innovative study interprets Nazi criminal law as a racist (anti-Semitic), nationalist (“Germanic”), and totalitarian construct that continues and develops further the authoritarian and anti-liberal tendencies of German criminal law of the fin-de-siècle and the Weimar Republic. This is borne out by a systematic analysis of writings by relevant authors that focuses first and foremost on the texts, which speak for themselves, and is less concerned with morally judging the scholars who produced them. Furthermore, the study shares novel insights on the reception of German (National Socialist) criminal law in Latin America. The aforementioned continuity existed not only between the Nazi period and the eras preceding it, but also between National Socialism and the period that followed (the Bonn Republic). In short, National Socialist criminal law neither came out of nowhere nor disappeared completely after 1945. Current identitarian attempts by the so-called Neue Rechte (“New Right”) to reconstruct the Germanic myth represent yet another continuation that links seamlessly to National Socialist ideology.Trade ReviewA worthwhile read for any American criminal theorist – it jolts us out of our familiar discussion paradigms and reminds us of how criminal law theory was complicit in one of the darkest chapters in human history. -- Brenner Fissell, Hofstra University * Criminal Law and Criminal Justice Books *Table of ContentsChapter I. Preliminary Remarks 1. Zaffaroni’s “Doctrina Penal Nazi” 2. My approach Chapter II. The Foundations of National Socialist Criminal Law 1. Racism, Volksgemeinschaft, Führer state, Führer principle and exclusion 2. The material concept of justice and wrongdoing, ethicisation, “total” criminal law and deformalisation 3. General preventive and atonement-focused Willensstrafrecht (criminal law of the will) Chapter III. Continuity and the “Schulenstreit” (“Dispute between the Schools”) (?) Chapter IV. National Socialist Criminal Law and Neo-Kantianism 1. The (alleged) influence of Neo-Kantianism 2. The “Marburg School of Neo-Kantianism” 3. Neo-Kantianism—a forerunner of National Socialist criminal law? 4. Collectivism and material theories of value—forerunners of National Socialist criminal law? Chapter V. The Independent National Socialist Criminal Law of the Kiel School 1. Basic orientation and main representatives 2. Criminal policy: an authoritarian NS criminal law 3. The role of the judge in the NS Führer state 4. Loyalty, breaches of duty, honour punishments 5. Concrete Wesensschau (focus on the substance of the offence), Täterstrafrecht (agent-focused criminal law) and Willensstrafrecht (criminal law of the will) 6. A comprehensive actus reus defined by overall disvalue (“offence type”) instead of a structured theory of crime Chapter VI. Erik Wolf: From Perpetrator Types to an Attitudinal Theory of Agency 1. Authoritarian-social criminal law and theory of agency 2. Wolf’s turn towards and away from National Socialism Chapter VII. Some (preliminary) conclusions 1. Selective reception of German (NS-inspired) criminal law in Latin America 2. Did Hans Welzel truly overcome (Neo-Kantian) NS criminal law? 3. A continuity of National Socialist criminal law thought in Latin America?

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Book SynopsisThe EEA Agreement extends the four freedoms (persons, goods, services and capital) to Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality. The EFTA Court, celebrating its 30th anniversary in 2024, has jurisdiction over parties to the Agreement. This jurisdiction corresponds to that of the Court of Justice of the European Union over EU Member States in matters of EEA law. This collection of essays, written by members of the Court and external experts, reviews the successes and shortcomings of the Court, its interface with EU law, and its future development.

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Book SynopsisThe rule of law, an ideology of equality and universality that justified Britain's eighteenth-century imperial claims, was the product not of abstract principles but imperial contact. As the Empire expanded, encompassing greater religious, ethnic and racial diversity, the law paradoxically contained and maintained these very differences. This book revisits six notorious incidents that occasioned vigorous debate in London's courtrooms, streets and presses: the Jewish Naturalization Act and the Elizabeth Canning case (1753–54); the Somerset Case (1771–72); the Gordon Riots (1780); the mutinies of 1797; and Union with Ireland (1800). Each of these cases adjudicated the presence of outsiders in London – from Jews and Gypsies to Africans and Catholics. The demands of these internal others to equality before the law drew them into the legal system, challenging longstanding notions of English identity and exposing contradictions in the rule of law.Trade Review'Britain and its internal others creates and stirs a much needed debate on the history of equality before the law by those who were perceived as other due to colonialism. Bringing together six distinct legal events with similar themes is no easy feat, and Rabin does so with ease coupled with detailed scrutiny and explanations.'Rechtsgeschichte – Legal History -- .Table of ContentsIntroduction: Empire and law, 'Firmly united by the circle of the British diadem'1 Internal others: Jews, Gypsies, and Jacobites2 'In a country of liberty?':Sslavery, villeinage and the making of whiteness in the Somerset case (1772)3 Imperial disruptions: City, nation, and empire in the Gordon Riots4 'This fleet is not yet republican': Conceptions of law in the mutinies of 17975 Wedding and Bedding: making the Union with Ireland, 1800ConclusionSelect bibliographyIndex

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Book SynopsisThe rule of law, an ideology of equality and universality that justified Britain's eighteenth-century imperial claims, was the product not of abstract principles but imperial contact. As the Empire expanded, encompassing greater religious, ethnic and racial diversity, the law paradoxically contained and maintained these very differences. This book revisits six notorious incidents that occasioned vigorous debate in London's courtrooms, streets and presses: the Jewish Naturalization Act and the Elizabeth Canning case (1753–54); the Somerset Case (1771–72); the Gordon Riots (1780); the mutinies of 1797; and Union with Ireland (1800). Each of these cases adjudicated the presence of outsiders in London – from Jews and Gypsies to Africans and Catholics. The demands of these internal others to equality before the law drew them into the legal system, challenging longstanding notions of English identity and exposing contradictions in the rule of law.Trade Review'Britain and its internal others creates and stirs a much needed debate on the history of equality before the law by those who were perceived as other due to colonialism. Bringing together six distinct legal events with similar themes is no easy feat, and Rabin does so with ease coupled with detailed scrutiny and explanations.'Rechtsgeschichte – Legal History -- .Table of ContentsIntroduction: Empire and law, 'Firmly united by the circle of the British diadem'1 Internal others: Jews, Gypsies, and Jacobites2 'In a country of liberty?':Sslavery, villeinage and the making of whiteness in the Somerset case (1772)3 Imperial disruptions: City, nation, and empire in the Gordon Riots4 'This fleet is not yet republican': Conceptions of law in the mutinies of 17975 Wedding and Bedding: making the Union with Ireland, 1800ConclusionSelect bibliographyIndex

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Book SynopsisThrough the lenses of comparative and critical rhetoric, this book theorizes how alternative approaches to communication can transform legal meanings and legal outcomes, infusing them with more inclusive participation, equity and justice. Viewing legal language through a radical lens, the book sets aside longstanding norms that derive from White and Euro-centric approaches in order to re-situate legal methods as products of new rhetorical models that come from diasporic and non-Western cultures. The book urges readers to re-consider how they think about logic and rhetoric and to consider other ways of building knowledge that can heal the law’s current structures that often perpetuate and reinforce systems of privilege and power.Table of ContentsIntroduction Chapter 1: What’s Wrong with Aristotle? Chapter 2: Problematizing Aristotle: Renovating and Remodeling Traditional Legal Rhetoric Chapter 3: Shifting the Focus from the West Chapter 4: Multicultural Rhetorics Chapter 5: Reproducing the Canon, Reproducing Inequity (Traditional Rhetoric) Chapter 6: Interrupting the Canon Chapter 7: Disrupting the Canon: Multicultural Rhetorical Strategies in Action

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Book Synopsis'If Henriques were a fictional character, he would be a celebrity, the kind of dashing, hawkish QC who turns up in Agatha Christie novels and is recognised by everybody... There is an undeniable, lawyerly authenticity about Henriques's book. He takes us meticulously through his cases... It is fascinating to read.' - Dominic Sandbrook, Sunday TimesSir Richard Henriques has been centre stage in some of the most high-profile and notorious cases of the late 20th and early 21st centuries. After taking silk in 1986, over the course of the next 14 years he appeared in no fewer than 106 murder trials, including prosecuting Harold Shipman, Britain's most prolific serial killer, and the killers of James Bulger. In 2000 he was appointed to the High Court Bench and tried the transatlantic airline plot, the Morecambe Bay cockle pickers, the killing of Jean Charles de Menezes, and many other cases. He sat in the Court of Appeal on the appeals of Barry George, then convicted of murdering Jill Dando, and Jeremy Bamber, the White House Farm killer. In From Crime to Crime he not only recreates some of his most famous cases but also includes his trenchant views on the state of the British judicial system; how it works - or doesn't - and the current threats to the rule of law that affect us all.

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Book SynopsisThis book presents a reassessment of the governmental systems of the Late Babylonian period—specifically those of the Neo-Babylonian and early Persian empires—and provides evidence demonstrating that these are among the first to have developed an early form of administrative law.The present study revolves around a particular expression that, in its most common form, reads ḫīṭu ša šarri išaddad and can be translated as “he will be guilty (of an offense) against the king.” The authors analyze ninety-six documents, thirty-two of which have not been previously published, discussing each text in detail, including the syntax of this clause and its legal consequences, which involve the delegation of responsibility in an administrative context. Placing these documents in their historical and institutional contexts, and drawing from the theories of Max Weber and S. N. Eisenstadt, the authors aim to show that the administrative bureaucracy underlying these documents was a more complex, systematized, and rational system than has previously been recognized.Accompanied by extensive indexes, as well as transcriptions and translations of each text analyzed here, this book breaks new ground in the study of ancient legal systems.Trade Review“It is an important building block for a better understanding of the social conditions in Babylonia in the 6th and 5th centuries B.C. and at the same time enriches the corresponding legal-historical research.”—Hans Neumann Review of Biblical Literature

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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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