Systems of law Books

221 products


  • The Principles of Social Order: Selected Essays of Lon L. Fuller

    Bloomsbury Publishing PLC The Principles of Social Order: Selected Essays of Lon L. Fuller

    15 in stock

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

    15 in stock

    £66.49

  • A Biblical View of Law and Justice: Christian

    Send The Light A Biblical View of Law and Justice: Christian

    Out of stock

    Book SynopsisThe Bible is not written as a handbook for lawyers politicians and civil servants setting out a theology of human law. Its concern is the dealings of God with human beings and of human beings with God. What then does the Bible have to say about human laws and legal systems Looking back to the Old Testament to the Mosaic Law the biblical model of kingship and the prophetic call to justice barrister David McIlroy presents a Christian perspective on the biblical view of law and justice. He also examines the claims and teachings of Christ as King specifically contrasting these with Caesar a king of the world. The book then concludes with a reflection on the place of human laws in the light of the Last Judgment. A Biblical View of Law and Justice seeks to wrestle with the biblical message of justice giving Christian lawyers civil servants and politicians a renewed vision and understanding of the potential of their work in the postChristendom world.

    Out of stock

    £14.99

  • Bedouin Bishah Justice: Ordeal by Fire

    Liverpool University Press Bedouin Bishah Justice: Ordeal by Fire

    1 in stock

    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.

    1 in stock

    £30.00

  • Economics of Antitrust Law

    Edward Elgar Publishing Ltd Economics of Antitrust Law

    4 in stock

    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

    4 in stock

    £550.05

  • Remaking Home: Reconstructing Life, Place and

    Berghahn Books Remaking Home: Reconstructing Life, Place and

    Out of stock

    Book Synopsis Rather than emphasising boundaries and territories by examining the ‘integration’ and ‘acculturation’ of the immigrant or the refugee, this book offers insights into the ideas and practices of individuals settling into new societies and cultures. It analyses their ideas of connecting and belonging; their accounts of the past, the present and the future; the interaction and networks of relations; practical strategies; and the different meanings of ‘home’ and belonging that are constructed in new sociocultural settings. The author uses empirical research to explore the experiences of refugees from the successor states of Yugoslavia, who are struggling to make a home for themselves in Amsterdam and Rome. By explaining how real people navigate through the difficulties of their displacement as well as the numerous scenarios and barriers to their emplacement, the author sheds new light on our understanding of what it is like to be a refugee.Trade Review “This book provides excellent and much needed insights into the lives of refugees in general, and those from the former Yugoslavia in particular.” · H-Urban “By focusing on meanings and practices of home making among refugees from former Yugoslavia in Rome and Amsterdam, Korac’s book invites readers to rethink the experience of displacement/emplacement as a complex and interconnected set of processes that produces a pluralization of identities and solidarities. This insightful perspective - overlooked in dominant institutional approaches to ‘integration’ and in a significant part of the academic literature too often driven by donors’ policy agendas and inclined toward some form of methodological nationalism - represents both a valuable contribution to the debate and an invitation to explore further the relationship between different scales of refugee governance and processes of ‘nesting’.” · Journal of Refugee Studies “This book – based on ethnographic qualitative research and sensitivity to cultural complexity and human resourcefulness, combining comprehensively and comparatively search material with theoretical reflections on migration cultural processes – is a valuable contribution to the ever growing migration studies literature and to our understanding of current European cultural and social tensions.” · Anthropological NotebooksTable of Contents Acknowledgements Introduction: Reconstructing Life, Place and Identity Problems with Centring on the State Rethinking Refugeehood: Focusing on Processes, Intersections and Agency Liminality and Refugee Agency Lived-In Worlds of Refugees: From Contexts to Processes Policy ‘Solutions’ and Types of Agency They Engender A Note on Method: Focus on Refugee Voices An Outline of the Book Chapter 1. The Question of ‘Home’: Place-making and Emplacement Place, Home and Homeland Territorially Bounded Places and Identities: Importance and Meanings Orientation to Place and the Politics of Belonging Links between Peoples, Places and Cultures: The Question of Community Group and Cultural Identity as an Organising Principle for Incorporation The Question of Community Organisations Transnational Practices of Place-Making Transnationalism and ‘Homelessness’ Ties with the New Home Taking Control and Reconstructing Life Chapter 2. Experiences of Displacement: Force, Choice and the Creation of Solutions The Mass Exodus of People from War-torn Yugoslavia: The Quest for Ethnic Purity and Territorial Cleansing How One Makes a Decision to Leave and Where to Go? Flight and Creation of Solutions: Agency and the Role of Social Networks Chapter 3. Regaining Control over Life: Dependency, Self-sufficiency and Agency Following the Rules in the Netherlands Struggling to Survive in Italy Problems with Refugee Assistance Chapter 4. Negotiating Continuity and Change: The Process of Reconstructing Life Bonding Networks and the Emplacement of Refugees in Rome and Amsterdam Bridging Social Networks and the Emplacement of Refugees in Amsterdam and Rome Social Networks and Emplacement: The Process of Becoming ‘of Place’ Chapter 5. Transnational Lives of Refugees, Questions of Citizenship, Belonging and Return Transnational and ‘Glocal’ Ties – a Sense of Continuity and Belonging Transnational Strategies of Survival and Betterment Transnationalism and the Changing Notion of Return Citizenship: A Status or a Practice? New Meanings of Citizenship, Belonging and Emplacement Emplacement: A Process of Pluralisation Appendix I Refugees Interviewed in Rome Refugees Interviewed in Amsterdam Appendix II Community Organisations of Nationals from the Yugoslav Successor States in Rome and Amsterdam Appendix III Contacts Made with NGOs, Church Organisations, Governmental and International Organisations in Italy and the Netherlands Appendix IV The Social Characteristics and Legal Status of the Refugees in Rome and Amsterdam Appendix V The Ethnic Background of the Refugees Interviewed Bibliography Index

    Out of stock

    £89.10

  • Rule of Law Reform and Development: Charting the

    Edward Elgar Publishing Ltd Rule of Law Reform and Development: Charting the

    2 in stock

    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

    2 in stock

    £124.45

  • Economics of Ancient Law

    Edward Elgar Publishing Ltd Economics of Ancient Law

    5 in stock

    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’

    5 in stock

    £337.25

  • Rule of Law Reform and Development: Charting the

    Edward Elgar Publishing Ltd Rule of Law Reform and Development: Charting the

    15 in stock

    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

    15 in stock

    £46.50

  • Law and Economics

    Edward Elgar Publishing Ltd Law and Economics

    5 in stock

    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

    5 in stock

    £864.50

  • Marx: Justice and Dialectic

    Greenwich Exchange Ltd Marx: Justice and Dialectic

    Out of stock

    Book Synopsis

    Out of stock

    £12.34

  • Natural Law – Reflections On Theory & Practice

    St Augustine's Press Natural Law – Reflections On Theory & Practice

    15 in stock

    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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  • Regulating Social Housing: Governing Decline

    Taylor & Francis Ltd Regulating Social Housing: Governing Decline

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

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  • Horkos: The Oath in Greek Society

    Liverpool University Press Horkos: The Oath in Greek Society

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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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  • The Hellenistic Court: Monarchic Power and Elite

    Classical Press of Wales The Hellenistic Court: Monarchic Power and Elite

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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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    Haus Publishing Justice in Public Life

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    Lynne Rienner Publishers Explaining Successes in Africa: Things Don't

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  • Concepts of Law in the Sciences, Legal Studies,

    JCB Mohr (Paul Siebeck) Concepts of Law in the Sciences, Legal Studies,

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    Book SynopsisThis volume documents the results of an international, interdisciplinary exchange between legal scholars, theologians, scientists, and philosophers. During the course of several years, these thinkers explored analogies and differences between concepts of law in various academic disciplines, probing the sustainability of an interdisciplinary concept of law. While inspired by objectives of the natural law debate, the contributions nonetheless assume that a dialogue between theology and philosophy is not sufficient to forge both a critical and constructive association of "reason and religion." Instead, for the combination of "reason and religion" to be truly fruitful, various academic disciplines are required to engage on specific issues, relating constructively to different methods and modes of thought. The contributors pursue a concept of law which is viable in multidisciplinary as well as international regard and, while drawing on the goals of the natural law debate, leaves its shortcomings behind.

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