Systems of law Books

Book SynopsisDrawing upon his discourse theory, Jurgen Habermas has elaborated an account of law that purports to bridge the gap between democracy and rights, by conceiving law to be at once self-imposed and binding. His proceduralist paradigm of law and further explorations by others are included.

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Book SynopsisSocio-Legal Studies in Context is the first attempt to take stock of the development of socio-legal studies in the United Kingdom. With an increasing awareness amongst legal scholars of the need for socio-legal research, this volume is essential reading for all teachers of law and law related subjects. It will provide rich ideas for young researchers wishing to involve themselves in the socio-legal approach. The volume also provides an opportunity for more experienced researchers to look back and re-assess their own work and help them form their own plans for the future.Table of Contents1. Introduction: Denis J. Galligan (Oxford Centre for Socio-Legal Studies). 2. Sociology and the Stereotype of the Police: Paul Rock (London School of Economics). 3. A Critical Survey of Law and Economics in the UK and the role of the Oxford Centre: Anthony Ogus (University of Manchester). 4. Remembering 1972: The Oxford Centre in the Context of Developments in Higher Education and the Disciplines of Law: William Twining (University College London). 5. Horatio's Mistake: Maureen Cain (West Indies). 6. The Challenges of Socio-Legal Research: Shari Diamond. 7. Global Approaches in the Sociology of Law: Volkmar Gessner (Bremen). 8. On Old and New Battles: Obstacles to the Role of Law in Eastern Europe: Andras Sajo (Central European University). 9. Being Social in Socio-Legal Studies: Peter Fitzpatrick (University of Kent). 10. Contested Communities: Richard Abel (UCLA). 11. The Future of Socio-Legal Research with Respect to Environmental Problems: Michael Faure (Limburg). 12. Geoffrey Stephenson (University of Kent). 13. What Socio-Legal Scholars should do when there is too much Law to Study: Robert Kagan (Berkeley). 14. The Last Word: Stewart Macauley (Wisconsin-Madison). Bibliography. Index.

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Book SynopsisRepresents a blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. This work features topics that include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and more.Trade Review"For policy-makers responsible for reconstructing Iraq or seeking to follow a road map to peace in the Middle East as well as for lay people who care about international relations, this book offers needed reflection on the conditions necessary for resolution of intense and long-standing conflicts... Through a unique blend of legal and political theory and a fascinating variety of insights and connections, the authors of Breaking the Cycles of Hatred have produced a highly commendable set of essays that provide a thoughtful perspective for the events of our day. They merit reading and re-reading."--Annette Johnson, The New York Law JournalTable of ContentsAcknowledgments vii Introduction: Memory, Law, and Repair by NANCY L. ROSENBLUM 1 1. Breaking the Cycles of Hatred 14 Memory and Hate: Are There Lessons from Around the World? 14 Regulating Hatred: Whose Speech, Whose Crimes, Whose Power? 31 Between Nations and Between Intimates: Can Law Stop the Violence? 56 by MARTHA MINOW 2. Justice and the Experience of Injustice by NANCY L. ROSENBLUM 77 3. Righting Old Wrongs by MARC GALANTER 107 4. Reluctant Redress: The U.S. Kidnapping and Internment of Japanese Latin Americans by ERIC K. YAMAMOTO 132 5. Memory, Hate, and the Criminalization of Bias-Motivated Violence: Lessons from Great Britain by FREDERICK M. LAWRENCE 140 6. Collective Memory, Collective Action, and Black Activism in the 1960s by FREDRICK C. HARRIS 154 7. Beyond Memory: Child Sexual Abuse and the Statute of Limitations by ROSS E. CHEIT AND CAREY JAROS 170 8. Peace on Earth Begins at Home: Reflections from the Women's Liberation Movement by JUDITH LEWIS HERMAN 188 9. The Thin Line between Imposition and Consent: A Critique of Birthright Membership Regimes and Their Implications by AYELET SHACHAR 200 10. When Memory Speaks: Remembrance and Revenge in Unforgiven by AUSTIN SARAT 236 11. Power, Violence, and Legitimacy: A Reading of Hannah Arendt in an Age of Police Brutality and Humanitarian Intervention by IRIS MARION YOUNG 260 Notes on Contributors 289 Index 291

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Book SynopsisIn his provocative and highly readable study, Human Rights: Fact or Fancy?, Henry B. Veatch finds the basis for human rights in natural law. He builds his argument step by step, carefully laying the foundation for his central assertion that our basic rights are discoverable directly in the facts of nature.

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Book SynopsisBrings together contributions from various expert scholars to explore the pluralism that exists within medieval reflection on natural law. The book is the first to study the relation between the natural law theories of these various traditions of medieval philosophy: Jewish, Islamic, Byzantine, and Latin.

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Book SynopsisReferendums have become an undeniably important, and perhaps inescapable, peacemaking tool. As such, understanding the ways in which referendum outcomes are shaped by peace negotiations is vital. Drawing on two case studies, Amaral presents a rich comparative analysis of the Annan Plan in Cyprus and the Good Friday Agreement in Northern Ireland.

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Book SynopsisReferendums have become an undeniably important, and perhaps inescapable, peacemaking tool. As such, understanding the ways in which referendum outcomes are shaped by peace negotiations is vital. Drawing on two case studies, Amaral presents a rich comparative analysis of the Annan Plan in Cyprus and the Good Friday Agreement in Northern Ireland.

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Book Synopsis"Rule of law" - the idea that the law is the nation's sovereign authority - has served as a cornerstone for constitutional theory and the jurisprudence of liberty. John Phillip Reid traces the concept's progress through a series of landmark events in Great Britain and North America.Trade Review"Those acquiring this volume will catch a tantalizing glimpse of the power of Reid's exposition of the English common law... recommended to anyone who really cares about the law."—Stephen B. Presser, Law and History Review "Reid has returned to the field in which he made his reputation and delivered a real gem of a work.... Rule of Law illuminates key developments of the foundational legal idea."—Martin S. Flaherty, Fordham University Law School "This is the sort of work we have come to expect and admire from John Phillip Reid. It is a richly sourced comparative study of a fundamental concept-rule of law-that has dozens of applications in today's world." -James Oldham, Georgetown UniversityTable of ContentsTable of Contents 1. Rule's Law 2. Law's Bridle 3. Rule's Inverse 4. Law's Hedge 5. Rule's Bridling 6. Law's Umpire 7. Rule's Determinancy Conclusion Notes Short Titles 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 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) “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 Society, December 2008) “A profound work that will find its way into many disciplines. The book is less about plunder than about the ethics and values implicated in the clash between social justice and competitive economics. Mattei and Nader conclude with a call for strategies to increase historical awareness. This book is one of those strategies, and the more worth reading for it. Recommended.” (Choice Reviews, December 2008) "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 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 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 SynopsisCombining history of science and a history ofuniversities with the new imperial history, Universitiesin Imperial Austria 1848–1918: A Social History of a Multilingual Space by Jan Surman analyzes the practice of scholarly migration and its lastinginfluence on the intellectual output in the Austrian part of the HabsburgEmpire.The Habsburg Empire and its successor stateswere home to developments that shaped Central Europe's scholarship well into the twentieth century. Universities became centers of both state- and nation-building,as well as of confessional resistance, placing scholars if not in conflict,then certainly at odds with the neutral international orientation of academe.By going beyond national narratives, Surman reveals the Empire as a state with institutions divided by language but united by legislation, practices, and other influences. Such an approach allows readers a better view to how scholars turned gradually away from state-centric discourse to form distinct language communities after 1867; these influences affected scholarship, and by examining the scholarly record, Surman tracks the turn.Drawing on archives in Austria, the Czech Republic, Poland, and Ukraine, Surman analyzes the careers of several thousandscholars from the faculties of philosophy and medicine of a number of Habsburguniversities, thus covering various moments in the history of the Empire forthe widest view. Universities in Imperial Austria 1848–1918 focuses on the tension between the political and linguistic spaces scholars occupied and shows that this tension did not lead to a gradual dissolution of the monarchy’s academia, but rather to an ongoing development of new strategies to cope with the cultural and linguistic multitude.Table of Contents List of Illustrations List of Tables Acknowledgments Note on Language Use, Terminology, and Geography Abbreviations Introduction A Biography of the Academic Space Chapter 1 Centralizing Science for the Empire Chapter 2 The Neoabsolutist Search for a Unified Space Chapter 3 Living Out Academic Autonomy Chapter 4 German-Language Universities between Austrian and German Space Chapter 5 Habsburg Slavs and Their Spaces Chapter 6 Imperial Space and Its Identities Chapter 7 Habsburg Legacies Conclusion Paradoxes of the Central European Academic Space Appendix 1 Disciplines of Habilitation at Austrian Universities Appendix 2 Databases of Scholars at Cisleithanian Universities Notes Bibliography Index

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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 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 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 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 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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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.

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