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Enforcing International Law: From Self-help to Self-contained Regimes
by Math NoortmannUntil recently, the fundamental link between two basic concepts in international law, namely the right to self-help and the obligation to settle disputes by peaceful means, has been neglected in doctrine and practice. The main issue is that international law traditionally recognizes the right of states to safeguard their own rights by resorting to countermeasures as well as the obligation to settle their disputes by accepted and recognized diplomatic and judicial procedures. Both concepts are based on their own merits, which are assumed to be valid in contemporary international law. It is the primary purpose of this study to determine which rules and principles govern the relationship between the two concepts. The book's major findings arise from an analysis of scholarly work, supported by examples from five different case studies. Drawing insights from legal as well as political science, it will be a valuable resource for students, academics and policy makers in international law, international relations and related areas.
Enforcing Privacy
by Paul De Hert David WrightThis book is about enforcing privacy and data protection. It demonstrates different approaches - regulatory, legal and technological - to enforcing privacy. If regulators do not enforce laws or regulations or codes or do not have the resources, political support or wherewithal to enforce them, they effectively eviscerate and make meaningless such laws or regulations or codes, no matter how laudable or well-intentioned. In some cases, however, the mere existence of such laws or regulations, combined with a credible threat to invoke them, is sufficient for regulatory purposes. But the threat has to be credible. As some of the authors in this book make clear - it is a theme that runs throughout this book - "carrots" and "soft law" need to be backed up by "sticks" and "hard law". The authors of this book view privacy enforcement as an activity that goes beyond regulatory enforcement, however. In some sense, enforcing privacy is a task that befalls to all of us. Privacy advocates and members of the public can play an important role in combatting the continuing intrusions upon privacy by governments, intelligence agencies and big companies. Contributors to this book - including regulators, privacy advocates, academics, SMEs, a Member of the European Parliament, lawyers and a technology researcher - share their views in the one and only book on Enforcing Privacy.
Enforcing the Equal Protection Clause: Congressional Power, Judicial Doctrine, and Constitutional Law
by William D. AraizaFor over a century, Congress’s power to enforce the Fourteenth Amendment’s guarantee of “the equal protection of the laws” has presented judges and scholars with a puzzle. What does it mean for Congress to “enforce” such a wide-ranging, open-ended provision when the Supreme Court has insisted on its own superiority in interpreting the Fourteenth Amendment? In Enforcing the Equal Protection Clause, William D. Araiza offers a unique understanding of Congress’s enforcement power and its relationship to the Court’s claim to supremacy when interpreting the Constitution.Drawing on the history of American thinking about equality in the decades before and after the Civil War, Araiza argues that congressional enforcement and judicial supremacy can co-exist, but only if the Court limits its role to ensuring that enforcement legislation reasonably promotes the core meaning of the Equal Protection Clause. Much of the Court’s equal protection jurisprudence stops short of stating such core meaning, thus leaving Congress free (subject to appropriate judicial checks) to enforce the full scope of the constitutional guarantee. Araiza’s thesis reconciles the Supreme Court’s ultimate role in interpreting the Constitution with Congress’s superior capacity to transform the Fourteenth Amendment’s majestic principles into living reality.The Fourteenth Amendment’s Enforcement Clause raises difficult issues of separation of powers, federalism, and constitutional rights. Araiza illuminates each of these in this scholarly, timely work that is both intellectually rigorous but also accessible to non-specialist readers.
Engage!: Co-creating Organizational Vitality and Individual Fulfilment
by Sunil MaheshwariThe salient organizational development challenge in modern times is that of building a highly engaged workforce that is committed, productive and innovative. Employees wish to give their very best at work. Organizations also make every effort to provide an atmosphere where people can do their best. However, despite intensive efforts from both sides, engagement still remains elusive. This book emphasizes the role that the employee and the institution need to play, in order to make people engagement possible. It spells out a novel engagement paradigm that starts from the fundamentals i.e. the intrinsic nature of the human being and the basic nature of organizational work in modern society. The text goes on to identify an appreciative culture and a holistic structure as the two foundational pillars that support people engagement in organizations. The engagement capabilities that are required for fulfilling the responsibilities at each organizational level are then articulated in great detail. Through numerous originally developed process frameworks, accompanied by several comprehensive organizational case studies drawn from across the world, the book illustrates how people engagement actually happens in practice. The goal is to show how organizational vitality may be seamlessly created alongside individual fulfillment.
Engaged Leadership: Transforming Through Future Oriented Design Thinking (Management For Professionals)
by Satinder Dhiman Joan MarquesThis professional book examines the concept of engaged leadership. Specifically, it focuses on the need for leaders in personal and professional realms, for-profit and non-profit, to understand the importance of engagement in order to achieve enhanced satisfaction and motivation among stakeholders (including employees, shareholders, investors, supporters, customers, suppliers, the community, competitors, family, and partners), and hence, an augmented level of designed thinking, which leads to increased innovation and on-going leadership development. Divided into three sections—engaged leadership development at the personal level, implementation at the organizational level, and manifestation in practice—this book provides professionals, practitioners and policy makers as well as students with the tools and skills to lead actively and conscientiously and help them understand the importance of creativity and compassion for development. Engaged leadership operates on the fundamental principle that leaders have to first and foremost perceive themselves as leaders, and then engage in design thinking, as they will need to develop strategies to reach, encourage, and positively appeal to these stakeholder groups. Leadership is neither limited to those holding formal managerial position, nor to any particular setting. Leaders can be found everywhere, in all layers of society. Leadership is only possible, however, if one dares to perceive and define oneself as a leader. And only when leadership is adopted as a reality within one’s personal perception, can engaged leadership be applied. Featuring contributions from academics, scholars, and professionals from around the world, each providing cases, interactive questions and reflective notes, this book will be of interest to professionals, practitioners, policy makers, students and scholars interested in creative leadership, management, organizational behavior, and governance.
Engagement Between Trade and Investment: The Role of PTIAs (European Yearbook of International Economic Law #18)
by Niall MoranThis book explores engagement between the trade and investment law regimes and the extent to which this is being driven by Preferential Trade and Investment Agreements (PTIAs). It provides an empirical analysis of engagement between the two regimes using data from 60 PTIAs and 60 Bilateral Investment Treaties concluded between 2005-2019 to see whether PTIAs result in increased engagement and whether they are doing so over time. The book explores eight of the factors identified as evidencing inter-regime engagement. These chapters look at when engagement is appropriate and to what extent it is appropriate in relation to each of these areas. Based on the findings of this book’s empirical and comparative law analysis of PTIAs, BITs, and the trade and investment law regimes, the book examines whether the conclusion of PTIAs compared to BITs has resulted in increased levels of engagement between the trade and investment law regimes.This book does not put forth the view that convergence between trade and investment is always appropriate, but provides recommendations as to how treaties may be formulated and interpreted in a manner that takes inter-regime engagement into account with a view to ensuring the harmonious simultaneous development of the two regimes. The question of the future direction for engagement between the trade regime and the investment regime is very topical in light of changes to the architecture of both regimes at present.
Engaging Evil: A Moral Anthropology (Methodology & History in Anthropology #36)
by William C. Olsen Thomas J. CsordasAnthropologists have expressed wariness about the concept of evil even in discussions of morality and ethics, in part because the concept carries its own cultural baggage and theological implications in Euro-American societies. Addressing the problem of evil as a distinctly human phenomenon and a category of ethnographic analysis, this volume shows the usefulness of engaging evil as a descriptor of empirical reality where concepts such as violence, criminality, and hatred fall short of capturing the darkest side of human existence.
Engaging the Heart in Business: A Revolutionary Market Approach Based On Love (Giving Voice to Values)
by Alice Alessandri Alberto AleoIn the wake of the profound upheavals that our society has been facing, the business world is undergoing change. Values such as trust, well-being, sustainability, and respect for human beings and their deeper ambitions are becoming increasingly important. Corporations and professionals can achieve and maintain success only if they can bring their relationship with their customers to a new, higher level. The condition that links the two is very similar to that created when we fall in love. The organizational models and marketing approaches based on the metaphor of war, and the inherent rhetoric of "command and control", are no longer valid; to form such a bond we need love. The authors are aware of this. Since 2013, in collaboration with international scholars, they have been studying the new market dynamics and the fundamental role of ethics in gaining commercial results. While their previous book Sales Ethics (2015) helped to set up and manage customer relationships based on trust and fairness, this new book will support you in building your business strategy and designing marketing tools (from customer analysis, to the definition of your offer and the style of communication, up to the positioning of prices and the management of resources) in the light of a new model, the Loving Business Model, which aims to make the customer fall in love with you, and you with your work. This book, like its predecessor, is the result of independent research conducted between Italy and the United States combined with the authors’ many years of professional experience. It contains the most up-to-date and effective techniques available in the modern marketing landscape, supported by case studies, concrete examples and activities, which will guide you to put your newly acquired knowledge into practice.
Engaging with Human Rights: How Subnational Actors use Human Rights Treaties in Policy Processes (Palgrave Socio-Legal Studies)
by Martino Maggetti Evelyne Schmid Jonathan Miaz Matthieu Niederhauser Constance KaempferMaking human rights a reality requires that various types of domestic actors take measures, which is often demanding, all the more so in federal systems. This open access book, Engaging with Human Rights: How Subnational Actors use Human Rights Treaties in Policy Processes, shows that an important part is played at the subnational level, with repeated back-and-forth between and within levels of governance rather than a ‘top-down’ trajectory. The dynamics of implementation at national and sub-national level is an emerging area of study. This book explores how actors use human rights treaties in the policy process, sometimes leading to an engagement that increases human rights implementation, and at other times not. Treaties provide both opportunities and constraints. Switzerland, as a highly decentralized federal state, offers a perfect setting to study the processes at work. Using legal, political, and sociological analyses, the authors draw on over 65 semi-structured interviews and focusses on two topical case studies: violence against women, including domestic violence, and the rights of persons with disabilities. This book provides a blueprint for other researchers and practitioners who wish to study the concrete implementation and impacts of human rights obligations.
Engaging With Stakeholders: A Relational Perspective on Responsible Business
by Adam Lindgreen Francois Maon Joelle Vanhamme Beatriz Palacios Florencio Christine Vallaster Carolyn StrongEngaging with Stakeholders: A Relational Perspective on Responsible Business contends that meaningful and constructive stakeholder engagement efforts should be rooted in a deep relational process of shared understanding, expectations, and viewpoints, through honest, continued dialogue between stakeholders and company management. This anthology follows and reaffirms this view, which also establishes the increasing need to explore the subtleties of how companies can respectfully engage their stakeholders in ways that reflect the corporate strategy and contribute to the ongoing development of business activities and creation of value, for themselves and stakeholders, from social, environmental, and economic perspectives. Stakeholder engagement practices, however, remain highly complex and difficult to manage; their ability to generate value in an inclusive way requires critical consideration. Sound stakeholder engagement efforts also constitute a keystone for responsible business activities. Drawing on a wide range of literature and studies, this book addresses key dimensions of stakeholder engagement, through a responsible business lens, and thereby contributes to identifying the opportunities, challenges, and key organizational implications associated with their unfolding. The four main topics covered are: • Delineating the nature and multiple raisons d’être of stakeholder engagement • Dialogical and communicational foundations of stakeholder engagement • Engaging with diverse stakeholders throughout the value chain • Reaping organizational returns and relational rewards of stakeholder engagement efforts
Engineering Analysis of Fires and Explosions
by Randall K. NoonEngineering Analysis of Fires and Explosions demonstrates how professional forensic engineers apply basic concepts and principles from engineering and scientific disciplines to analyze fires and explosions. It describes how forensic engineers use a "reverse design" process to determine the original cause of a fire or explosion. This guide incorporates practices and lessons learned from the first-hand experiences of the author and his colleagues. It is an exciting introduction to the multidisciplinary subject of fire and explosion analysis and its legal ramifications. The author's straightforward language and style make the concepts easy to understand.
Engineering Analysis of Vehicular Accidents
by Randall K. NoonAccident analysis is not like a classroom problem where the equations are selected and solved, and the matter is considered closed. In this line of forensics, engineering skill must be combined with skillful practice for the successful presentation of evidence to a jury. In this book, the author demonstrates the application of engineering skills, methods, and judgment for analyzing vehicular accidents. A definition of vehicular accident reconstruction and its role in the legal system is provided. General accident statistics are cited, and some general strategies for accident reconstruction are given, along with many examples and case studies. The author includes novel and unusual treatment of the momentum method and coefficient of restitution (which is not yet widespread in accident analysis) and shows how to select the best methods of analysis in a given accident reconstruction.
Engineering and Philosophy: Reimagining Technology and Social Progress (Philosophy of Engineering and Technology #37)
by Guru Madhavan Zachary Pirtle David TomblinEngineers love to build “things” and have an innate sense of wanting to help society. However, these desires are often not connected or developed through reflections on the complexities of philosophy, biology, economics, politics, environment, and culture. To guide future efforts and to best bring about human flourishment and a just world, Engineering and Philosophy: Reimagining Technology and Progress brings together practitioners and scholars to inspire deeper conversations on the nature and varieties of engineering. The perspectives in this book are an act of reimagination: how does engineering serve society, and in a vital sense, how should it.
The Engineering-Business Nexus: Symbiosis, Tension and Co-Evolution (Philosophy of Engineering and Technology #32)
by Steen Hyldgaard Christensen Christelle Didier Martin Meganck Mike Murphy Bernard DelahousseFascinating and compelling in equal measure this volume presents a critical examination of the multilayered relationships between engineering and business. In so doing the study also stimulates ethical reflection on how these relationships either enhance or inhibit strategies to address vital issues of our time. In the context of geopolitical, economic, and environmental tendencies the authors explore the world that we should want to create and the role of the engineer and the business manager in this endeavor. Throughout this volume the authors identify periods of alignment and periods of tension between engineering and business. They look at focal points of the engineering-business nexus related to the development of capitalism. The book explores past and present movements to reshape, reform, or reject this nexus.The volume is informed by questions of importance for industry as well as for higher education. These are: What kinds of conflict arise for engineers in their attempts to straddle both professional and organizational commitments? How should professionals be managed to avoid a clash of managerial and professional cultures? How do engineers create value in firms and corporations? What kinds of tension exist between higher education and industry? What challenges does the neoliberal entrepreneurial university pose for management, faculty, students, society, and industry? Should engineering graduates be ready for work, and can they possibly be? What kinds of business issues are reflected in engineering education curricula, and for what purpose? Is there a limit to the degree of business hybridization in engineering degree programs, and if so, what would be the criterion for its definition? Is there a place in engineering education curricula for reflective critique of assumptions related to business and economic thinking? One ideal of management and control comes to the fore as the Anthropocene - the world transformed into an engineered artefact which includes human existence. The volume raises the question as to how engineering and business together should be considered, given the fact that the current engineering-business nexus remains embedded within an economic model of continual growth. By addressing macro-level issues such as energy policy, sustainable development, globalization, and social justice this study will both help create awareness and stimulate development of self-knowledge among practitioners, educators, and students thereby ultimately addressing the need for better informed citizens to safeguard planet Earth as a human life supporting system.
Engineering Constitutional Change: A Comparative Perspective on Europe, Canada and the USA (Routledge Research in Constitutional Law #52)
by Xenophon ContiadesThis volume provides a holistic presentation of the reality of constitutional change in 18 countries (the 15 old EU member states, Canada, Switzerland and the USA). The essays offer analysis on formal and informal constitutional amendment bringing forth the overall picture of the parallel paths constitutional change follows, in correlation to what the constitution means and how constitutional law works. To capture the patterns of constitutional change, multi-faceted parameters are explored such as the interrelations between form of government, party system, and constitutional amendment; the interplay between constitutional change and the system of constitutionality review; the role of the people, civil society, and experts in constitutional change; and the influence of international and European law and jurisprudence on constitutional reform and evolution. In the extensive final, comparative chapter, key features of each country’s amendment procedures are epitomized and the mechanisms of constitutional change are explained on the basis of introducing five distinct models of constitutional change. The concept of constitutional rigidity is re-approached and broken down to a set of factual and institutional rigidities. The classification of countries within models, in accordance with the way in which operative amending mechanisms connect, leads to a succinct portrayal of different modes of constitutional change engineering. This book will prove to be an invaluable tool for approaching constitutional revision either for theoretical or for practical purposes and will be of particular interest to students and scholars of constitutional, comparative and public law.
Engineering Ethics: Studies In The Ethics Of A Profession (The International Library of Essays in Public and Professional Ethics)
by Michael DavisThis volume is a collection of articles published since engineering ethics developed a distinct scholarly field in the late 1970s that will help define the field of engineering ethics. Among the perennial questions addressed are: What is engineering (and what is engineering ethics)? What professional responsibilities do engineers have and why? What professional autonomy can engineers have in large organizations? What is the relationship between ethics and codes of ethics and how should engineering ethics be taught?
Engineering Ethics: Contemporary and Enduring Debates
by Deborah G. JohnsonAn engaging, accessible survey of the ethical issues faced by engineers, designed for students The first engineering ethics textbook to use debates as the framework for presenting engineering ethics topics, this engaging, accessible survey explores the most difficult and controversial issues that engineers face in daily practice. Written by a leading scholar in the field of engineering and computer ethics, Deborah Johnson approaches engineering ethics with three premises: that engineering is both a technical and a social endeavor; that engineers don&’t just build things, they build society; and that engineering is an inherently ethical enterprise.
Engineering for Sustainability
by Dennis F.X. Mathaisel Joel M. Manary Ned H. CriscimagnaSustainability and sustainable development have become popular goals. They have also become wide-ranging terms that can be applied to any entity or enterprise on a local or a global scale for long time periods. As enterprises and systems become more complex and development a support costs increase, the question remains: how does one engineer an ent
Engineering in Translational Medicine
by Weibo CaiThis book covers a broad area of engineering research in translational medicine. Leaders in academic institutions around the world contributed focused chapters on a broad array of topics such as: cell and tissue engineering (6 chapters), genetic and protein engineering (10 chapters), nanoengineering (10 chapters), biomedical instrumentation (4 chapters), and theranostics and other novel approaches (4 chapters). Each chapter is a stand-alone review that summarizes the state-of-the-art of the specific research area. Engineering in Translational Medicine gives readers a comprehensive and in-depth overview of a broad array of related research areas, making this an excellent reference book for scientists and students both new to engineering/translational medicine and currently working in this area. The ability for engineering approaches to change biomedical research are increasing and having significant impact. Development of basic assays and their numerous applications are allowing for many new discoveries and should eventually impact human health. This book brings together many diverse yet related topics to give the reader a solid overview of many important areas that are not found together elsewhere. Dr. Weibo Cai has taken great care to select key research leaders of many sub-disciplines who have put together very detailed chapters that are easy to read yet highly rich in content. _______________ This book brings together many diverse yet related topics to give the reader a solid overview of many important areas that are not found together elsewhere. Dr. Weibo Cai has taken great care to select key research leaders of many sub-disciplines who have put together very detailed chapters that are easy to read yet highly rich in content. It is very exciting to see such a great set of chapters all together to allow one to have a key understanding of many different areas including cell, gene, protein, and nano engineering as well as the emerging field of theranostics. I am sure the readers will find this collection of important chapters helpful in their own research and understanding of how engineering has and will continue to play a critical role in biomedical research and clinical translation Sanjiv Sam Gambhir M. D. , Ph. D. Stanford University, USA Engineering in Translational Medicine is a landmark book bridging the fields of engineering and medicine with a focus on translational technologies and methods. In a single, well-coordinated volume, this book brings together contributions from a strong and international scientific cast, broadly covering the topics. The book captures the tremendous opportunities made possible by recent developments in bioengineering, and highlights the potential impact of these advances across a broad spectrum of pressing health care needs. The book can equally serve as a text for graduate level courses, a reference source, a book to be dipped into for pleasure by those working within the field, or a cover-to-cover read for those wanting a comprehensive, yet readable introduction to the current state of engineering advances and how they are impacting translational medicine Simon R. Cherry, Ph. D. University of California, Davis, USA
Engineering of Microbial Biosynthetic Pathways
by Vijai Singh Ajay Kumar Singh Poonam Bhargava Madhvi Joshi Chaitanya G. JoshiThis book provides a comprehensive overview of the basic and advanced metabolic engineering technologies used to generate natural metabolites and industrially important biomolecules. Metabolic engineering has the potential to produce large quantities of valuable biomolecules in a renewable and sustainable manner by extending or modifying biosynthetic pathways in a wide range of organisms. It has been successfully used to produce chemicals, drugs, enzymes, amino acids, antibiotics, biofuels, and industrially important pharmaceuticals. The book comprehensively reviews the various metabolites detection, extraction and biosensors and the metabolic engineering of microbial strains for the production of industrially useful enzymes, proteins, organic acids, vitamins and antibiotics, therapeutics, chemicals, and biofuels. It also discusses various genetic engineering and synthetic biology tools for metabolic engineering. In closing, the book discusses ethical, patenting and regulatory issues in the metabolic engineering of microbes. This book is a valuable source not only for beginners in metabolic engineering, but also students, researchers, biotechnology and metabolic engineering based company.
The Engineering Project: Its Nature, Ethics, and Promise
by Gene MoriartyWe all live our daily lives surrounded by the products of technology that make what we do simpler, faster, and more efficient. These are benefits we often just take for granted. But at the same time, as these products disburden us of unwanted tasks that consumed much time and effort in earlier eras, many of them also leave us more disengaged from our natural and even human surroundings. It is the task of what Gene Moriarty calls focal engineering to create products that will achieve a balance between disburdenment and engagement: “How much disburdenment will be appropriate while still permitting an engagement that enriches one’s life, elevates the spirit, and calls forth a good life in a convivial society?”One of his examples of a focally engineered structure is the Golden Gate Bridge, which “draws people to it, enlivens and elevates the human spirit, and resonates with the world of its congenial setting. Humans, bridge, and world are in tune.” These values of engagement, enlivenment, and resonance are key to the normative approach Moriarty brings to the profession of engineering, which traditionally has focused mainly on technical measures of evaluation such as efficiency, productivity, objectivity, and precision. These measures, while important, look at the engineered product in a local and limited sense. But “from a broader perspective, what is locally benign may present serious moral problems,” undermining “social justice, environmental sustainability, and health and safety of affected parties.” It is this broader perspective that is championed by focal engineering, the subject of Part III of the book, which Moriarty contrasts with “modern” engineering in Part I and “pre-modern” engineering in Part II.
Engines of Anxiety: Academic Rankings, Reputation, and Accountability
by Michael Sauder Wendy Nelson EspelandStudents and the public routinely consult various published college rankings to assess the quality of colleges and universities and easily compare different schools. However, many institutions have responded to the rankings in ways that benefit neither the schools nor their students. In Engines of Anxiety, sociologists Wendy Espeland and Michael Sauder delve deep into the mechanisms of law school rankings, which have become a top priority within legal education. Based on a wealth of observational data and over 200 in-depth interviews with law students, university deans, and other administrators, they show how the scramble for high rankings has affected the missions and practices of many law schools. Engines of Anxiety tracks how rankings, such as those published annually by the U.S. News & World Report, permeate every aspect of legal education, beginning with the admissions process. The authors find that prospective law students not only rely heavily on such rankings to evaluate school quality, but also internalize rankings as expressions of their own abilities and flaws. For example, they often view rejections from “first-tier” schools as a sign of personal failure. The rankings also affect the decisions of admissions officers, who try to balance admitting diverse classes with preserving the school’s ranking, which is dependent on factors such as the median LSAT score of the entering class. Espeland and Sauder find that law schools face pressure to admit applicants with high test scores over lower-scoring candidates who possess other favorable credentials. Engines of Anxiety also reveals how rankings have influenced law schools’ career service departments. Because graduates’ job placements play a major role in the rankings, many institutions have shifted their career-services resources toward tracking placements, and away from counseling and network-building. In turn, law firms regularly use school rankings to recruit and screen job candidates, perpetuating a cycle in which highly ranked schools enjoy increasing prestige. As a result, the rankings create and reinforce a rigid hierarchy that penalizes lower-tier schools that do not conform to the restrictive standards used in the rankings. The authors show that as law schools compete to improve their rankings, their programs become more homogenized and less accessible to non-traditional students. The ranking system is considered a valuable resource for learning about more than 200 law schools. Yet, Engines of Anxiety shows that the drive to increase a school’s rankings has negative consequences for students, educators, and administrators and has implications for all educational programs that are quantified in similar ways.
Engines of Truth
by Wendie Ellen SchneiderDuring the Victorian era, new laws allowed more witnesses to testify in court cases. At the same time, an emerging cultural emphasis on truth-telling drove the development of new ways of inhibiting perjury. Strikingly original and drawing on a broad array of archival research, Wendie Schneider's examination of the Victorian courtroom charts this period of experimentation and how its innovations shaped contemporary trial procedure. Blending legal, social, and colonial history, she shines new light on cross-examination, the most enduring product of this time and the "greatest legal engine ever invented for the discovery of truth. "
English Civil Justice after The Woolf and Jackson Reforms: A Critical Analysis
by John SorabjiJohn Sorabji examines the theoretical underpinnings of the Woolf and Jackson reforms to the English and Welsh civil justice system. He discusses how the Woolf reforms attempted, and failed, to effect a revolutionary change to the theory of justice that informed how the system operated. It elucidates the nature of those reforms, which through introducing proportionality via an explicit overriding objective into the Civil Procedure Rules, downgraded the court's historic commitment to achieving substantive justice or justice on the merits. In doing so, Woolf's new theory is compared with one developed by Bentham, while also exploring why a similarly fundamental reform carried out in the 1870s succeeded where Woolf's failed. It finally proposes an approach that could be taken by the courts following implementation of the Jackson reforms to ensure that they succeed in their aim of reducing litigation cost through properly implementing Woolf's new theory of justice.
English Common Law in the Age of Mansfield
by James OldhamIn the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law.While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.