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Lectures on the Philosophy of Right, 1819–1820
by G.W.F. HegelPublished in 1821, Outlines of the Philosophy of Right is considered the definitive articulation of the legal, moral, social, and political philosophy of G.W.F. Hegel. However, shortly before its publication, Hegel delivered a series of lectures on the subject matter of the work at the University of Berlin. These lectures are unlike any others Hegel gave on the philosophy of Right in that they do not supplement a published text but rather give a full and independent presentation of his mature political thought. Yet, they are also unlike Hegel’s formal treatise in that they form a smooth and flowing discourse, much like Hegel’s lectures on the philosophy of history, philosophy of art, philosophy of religion, and history of philosophy. Substantively, these lectures contain more extensive discussions of poverty and the proletariat than are found in Hegel’s published text – discussions that carry out the retreat from optimism about the present age intimated in the preface to Outlines but nowhere evident in the text itself. Translated with an introduction and notes by Alan Brudner, Hegel’s 1819/20 lectures on the philosophy of Right present his complete thoughts on law and the state in a manner that is more accessible and engaging than any other Hegelian text on these subjects.
Lectures on the Relation Between Law and Public Opinion in England During the Nineteenth Century (Social Science Classics)
by Albert Venn DiceyThe famed 1914 edition of this classic is one of the small handful of works that deserve to be read by Americans to understand the 1980s. Indeed, the final three chapters, describing the decline of will and consensus in late Victorian England, stand as a stark, unmistakable reminder that such national decline can happen again. Dicey was the most influential constitutional authority in late Victorian and Edwardian Britain. Modern politicians have often invoked the phrase "rule of law." So commonplace has it become that few recognize its source in the work of Dicey. Law and Public Opinion in England is written with simplicity, wit and a sense of purpose that marks it as a book apart. It did much more than fortell the decline of empire, it developed the forms in which such decline comes about. In many ways this book represents a pioneering statement on the libertarian tradition as a consequence of rather than rebellion against the legal norms of an advanced civilization. This is a central book for students of society and politics alike.
Lectures on the Will to Know: Lectures at the College De France 1970–1971 and Oedipal Knowledge
by Daniel DefertLectures on the Will to Know reminds us that Michel Foucault's work only ever had one object: truth. Here, he builds on his earlier work, Discipline and Punish, to explore the relationship between tragedy, conflict, and truth-telling. He also explores the different forms of truth-telling, and their relation to power and the law. The publication of Lectures on the Will to Know marks a milestone in Foucault's reception, and it will no longer be possible to read him in the same way as before.
Lee and Gaensslen's Advances in Fingerprint Technology
by Allan GawReflecting new discoveries in fingerprint science, Lee and Gaensslen‘s Advances in Fingerprint Technology, Third Edition has been completely updated with new material and nearly double the references contained in the previous edition. The book begins with a detailed review of current, widely used development techniques, as well as some older, histo
Left Legalism / Left Critique
by Wendy Brown Janet HalleyIn recent decades, left political projects in the United States have taken a strong legalistic turn. From affirmative action to protection against sexual harassment, from indigenous peoples' rights to gay marriage, the struggle to eliminate subordination or exclusion and to achieve substantive equality has been waged through courts and legislation. At the same time, critiques of legalism have generally come to be regarded by liberal and left reformers as politically irrelevant at best, politically disunifying and disorienting at worst. This conjunction of a turn toward left legalism with a turn away from critique has hardened an intellectually defensive, brittle, and unreflective left sensibility at a moment when precisely the opposite is needed. Certainly, the left can engage strategically with the law, but if it does not also track the effects of this engagement--effects that often exceed or even redound against its explicit aims--it will unwittingly foster political institutions and doctrines strikingly at odds with its own values. Brown and Halley have assembled essays from diverse contributors--law professors, philosophers, political theorists, and literary critics--united chiefly by their willingness to think critically from the left about left legal projects. The essays themselves vary by topic, by theoretical approach, and by conclusion. While some contributors attempt to rework particular left legal projects, others insist upon abandoning or replacing those projects. Still others leave open the question of what is to be done as they devote their critical attention to understanding what we are doing. Above all, Left Legalism/Left Critique is a rare contemporary argument and model for the intellectually exhilarating and politically enriching dimensions of left critique--dimensions that persist even, and perhaps especially, when critique is unsure of the intellectual and political possibilities it may produce. Contributors: Lauren Berlant, Wendy Brown, Judith Butler, Drucilla Cornell, Richard T. Ford, Katherine M. Franke, Janet Halley, Mark Kelman, David Kennedy, Duncan Kennedy, Gillian Lester, Michael Warner
Left Out of the Bargain
by Ji Won Park Jeanne M. Hauch Agustin Flah Dorothee Gottwald Francisca M.U. Fernando Jacinta Anyango Oduor Marianne Mathias Oliver StolpeOver the past decade, countries have increasingly used settlements-that is, any procedure short of a full trial-to conclude foreign bribery cases and have imposed billions in monetary sanctions. There exists a gap in knowledge, however, regarding settlement practices around the world and the disposition of these monetary sanctions-notably through the lens of recovery of stolen assets. Left out of the Bargain, a study by the Stolen Asset Recovery Initiative (StAR), provides an overview of settlement practices by civil and common law countries that have been active in the fight against foreign bribery. Using the United Nations Convention against Corruption (UNCAC) as its point of reference, the study addresses concerns voiced by the international community: What happens to the money associated with the settlements, and is it being returned to those most directly harmed by the corrupt practices? And what can be done to assist those countries harmed by foreign bribery? Left out of the Bargain has found that 395 settlement cases took place between 1999 and mid-2012, resulting in a total of US$6.9 billion in monetary sanctions imposed against companies and individuals. Of this amount, nearly US$6 billion came from settlements that took place in a country different from that of the allegedly bribed foreign public officials. But only about US$197 million, or 3 percent, has been returned or ordered returned to the countries whose officials were accused of accepting bribes. Left out of the Bargain urges countries whose officials were allegedly bribed to intensify their efforts to investigate and prosecute the providers and recipients of foreign bribes, hence improving these countries' prospects for recovery of assets lost through corruption. The study also calls for more proactive international cooperation and coordination to ensure that all affected countries are afforded the opportunity to seek redress for harms suffered and for the recovery of assets-thus fulfilling the principles set out in UNCAC.
Legal Accents, Legal Borrowing: The International Problem-Solving Court Movement
by James L. NolanA wide variety of problem-solving courts have been developed in the United States over the past two decades and are now being adopted in countries around the world. These innovative courts--including drug courts, community courts, domestic violence courts, and mental health courts--do not simply adjudicate offenders. Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. Legal Accents, Legal Borrowing is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England, Scotland, Ireland, Canada, and Australia. Looking at the various ways in which problem-solving courts have been taken up in these countries, James Nolan finds that while importers often see themselves as adapting the American courts to suit local conditions, they may actually be taking in more aspects of American law and culture than they realize or desire. In the countries that adopt them, problem-solving courts may in fact fundamentally challenge traditional ideas about justice. Based on ethnographic research in all six countries, the book examines these cases of legal borrowing for what they reveal about legal and cultural differences, the inextricable tie between law and culture, the processes of globalization, the unique but contested global role of the United States, and the changing face of law and justice around the world.
Legal Accountability and Britain's Wars 2000-2015 (Routledge Research in International Law)
by Peter RoweThis book discusses the manner in which Britain’s wars, which took place between 2000 and 2015, have interacted with the relevant principles of international law and English law for the purpose, primarily, of considering legal accountability. During a debate in the House of Lords in 2005 a former Chief of the Defence Staff commented that ‘the Armed Forces are under legal siege.’ The book will discuss the major legal issues which have arisen, ranging from the various votes in Parliament to go to war, the constitutional relationship between ministers and senior commanders, the right under international law to use force, the influence of human rights law, the role of the courts in England (including the coroners’ courts), to the legal regime applying to the conduct of UK military operations. It will assess critically whether the armed forces will now have to accept that operations conducted outside the UK are subject to greater legal scrutiny than previously and whether, if this is the case, it is likely to hinder their future military activities. This book will be of great interest to scholars of international law, the law of armed conflict, military studies and international relations, as well as to those with a professional or other interest in the subject matter.
Legal Agreements on Smart Contract Platforms in European Systems of Private Law (Law, Governance and Technology Series #56)
by Jasper VerstappenBlockchains and smart contracts are emerging technologies that pose unique challenges for legal systems. This book outlines the extent to which these new and innovative technologies could have potentially disruptive effects on contract law in Europe. It does so through a comparative, three-part analysis of the recognisability and effects of smart contracts in European legal systems. First of all, in light of the technologies’ transboundary nature, the book employs a comparative approach, considering French law, German law, English law, and Dutch law to analyse the impact on the different systems of contract law. While doing so, it also addresses the formation, interpretation, and vitiation of contracts. Secondly, it analyses the impact of these technologies on European laws regarding unfair terms in consumer contracts and argues that the existing rules should be applied to smart legal agreements in business-to-consumer relations. Lastly, it analyses the current European rules of private international law on the basis of which jurisdiction and applicable law are developed. In this respect, the book concludes that the vast majority of these European rules are “smart contract-proof”.
Legal Aid in Crisis: Assessing the Impact of Reform
by Sarah Moore Alex NewburyOriginally introduced as a form of social welfare with near-universal eligibility, legal aid in the UK is now framed as a benefit external to the legal system and understood in primarily economic terms. This book is the first to evaluate the recent reforms of UK legal aid from a social policy perspective and assess their impact on family law courts and advocacy. Written by experts in the field, it focuses on the rise in people representing their own legal case and argues that the reforms effectively ‘delawyerise’ disputes, producing a more inquisitorial justice system and impacting the litigants, court system, staff and process. Arguing for a more holistic concept of the reforms, the book will be of relevance to students, academics, policy-makers, judges, campaigners and social workers, not just in England and Wales, but in other jurisdictions instituting cuts to their legal aid budgets, such as Australia, Scotland, France, and the Netherlands.
Legal Analysis and Writing
by William H. PutmanLEGAL ANALYSIS AND WRITING, 4TH EDITION helps readers analyze statutes and cases and draft supporting legal memoranda. In addition to the fundamentals of good writing, legal or otherwise, the book illustrates how paralegals analyze and brief cases, identify key facts and legal issues, and apply case law and counteranalysis to legal matters, and more. Going beyond mere explanations, the book shows readers how to apply concepts to hypothetical situations, draft legal memoranda and correspondence, and scrutinize legal citations and Web research, to develop a thorough understanding of the analytical and writing responsibilities paralegals undertake. Legal Analysis and Writing, 4th Edition is a robust resource for any paralegal writing course and includes a host of available supplemental tools designed to enhance learning while simplifying instructor preparation.
Legal Analysis: The Fundamental Skill
by David S. Romantz Kathleen Elliott VinsonThe third edition of Legal Analysis: The Fundamental Skill continues to teach students the critical skills of legal reasoning. This popular book introduced the CREAC paradigm to law students. The third edition builds on the basics of the CREAC paradigm and explains how to use CREAC in a variety of additional ways. The book is a practical and clear guide that explains the many ways lawyers analyze the law. The authors demystify legal analysis through step-by-step explanations of the different levels of critical thinking to thoroughly explain and apply the law to a client's case. New examples and exercises are also included.
Legal Analytics: The Future of Analytics in Law
by Namita Singh Malik, Elizaveta A Gromova, Smita Gupta and Balamurugan BalusamyLegal Analytics: The Future of Analytics in Law navigates the crisscrossing of intelligent technology and legal field in building up new landscape of transformation. Legal automation navigation is multidimensional wherein it intends to construct streamline communication, approval and management of legal task. Evolving environment of technology has emphasized need for better automations in legal field from time to time. Although legal scholars took long to embrace Information revolution of legal field. •Describes the historical development of law and automation •Analyses the challenges and opportunities in law and automation •Studies the current research and development in the convergence of Law, Artificial Intelligence and Legal Analytics •Explores the recent emerging trends and technologies that are used by various legal System globally for Crime Prediction & Prevention •Examines the applicability of legal analytics in forensic investigation •Investigates the impact of legal analytics tools and techniques in judicial decision making •Analyses deep learning techniques and its scope in accelerating legal analytics in developed and developing countries • Provides the in-depth analysis of implementation, challenges and issues in the society related to legal analytics The book is primarily aimed at graduates, postgraduates in law & technology, computer science and information technology. Legal practitioners and academicians will also find this book helpful.
Legal And Ethical Issues For Health Professions
by Elsevier IncWith coverage of both legal and ethical issues, this text gives you the foundation to handle common health care challenges in everyday practice. Legal and Ethical Issues for Health Professions, 4th Edition includes practice cases specifically developed for key allied health programs along with enhanced pedagogical content. Additionally, it features a variety of exercises to help reinforce content from the book, as well as updated coverage of medical records, privacy, patient consent and abuse, the impact of inter professional team work, and key industry trends.
Legal Answer Book for Families, The
by Emily Doskow Marcia StewartAt one time or another, the law will touch your family's life, and it's important that you have swift access to the most up-to-date information available so that your family's interests are protected. From the rights of kids, to inheritance rules, find everything you need to deal with everyday legal issues in The Legal Answer Book for Families. With this legal reference, you'll get: - a clear overview of the laws that affect personal relationships and families of all kinds - reliable and concise answers to everyday legal questions - discussions of various legal documents relevant to your family, from marriage licenses to parenting agreements - a collection of Family Law Rules & Resources, with details for all 50 states Easy-to-use, concise, and clear, The Legal Answer Book for Families is the perfect addition to any family's collection of practical reference books.
Legal Approaches and Corporate Social Responsibility: Towards a Llewellyn’s Law-Jobs Approach (Routledge Research in Corporate Law)
by Adaeze OkoyeFrom the late 20th Century, a catalogue of high profile disasters and controversies has drawn attention to the changing relationship between corporations and society. This is taking place against the context of globalisation and this change has become the driving force for demands that corporations become socially responsible. Corporate social responsibility (CSR) has therefore emerged as a concept which attempts to encapsulate these demands for social responsibility. Yet at the heart of CSR is the debate about the role and relevance of law. This book will explore the proposition that CSR is a valid legal enquiry and will suggest a law-jobs approach which offers a potential general analytical perspective for examining such fluid concepts such as CSR in law. This approach is innovative because of the insistence of some users of CSR on placing law outside the parameters of CSR or giving it a very limited role; however, Okoye argues here that the very nature of CSR as seeking legitimacy for corporate power pushes to the fore the question of what role law can play. Law is an essential and important aspect of legitimacy and thus this work explores a legal theoretical approach that holds potential for a legal framework of CSR. This interdisciplinary book will be of great interest to students and scholars of corporate law and business studies in general.
Legal Architecture: Justice, Due Process and the Place of Law
by Linda MulcahyLegal Architecture addresses how the environment of the trial can be seen as a physical expression of our relationship with ideals of justice. It provides an alternative account of the trial, which charts the troubled history of notions of due process and participation. In contrast to visions of judicial space as neutral, Linda Mulcahy argues that understanding the factors that determine the internal design of the courthouse and courtroom are crucial to a broader and more nuanced understanding of the trial. Partitioning of the courtroom into zones and the restriction of movement within it are the result of turf wars about who can legitimately participate in the legal arena and call the judiciary to account. The gradual containment of the public, the increasing amount of space allocated to advocates, and the creation of dedicated space for journalists and the jury, all have complex histories that deserve attention. But these issues are not only of historical significance. Across jurisdictions, questions are now being asked about the internal configurations of the courthouse and courtroom, and whether standard designs meet the needs of modern participatory democracies: including questions about the presence and design of the modern dock; the ways in which new technologies threaten to change the dynamics of the trial and lead to the dematerialization of our primary site of adversarial practice; and the extent to which courthouses are designed in ways which realise their professed status as public spaces. This fascinating and original reflection on legal architecture will be of interest to socio-legal or critical scholars working in the field of legal geography, legal history, criminology, legal systems, legal method, evidence, human rights and architecture.
Legal Argumentation Theory: Cross-Disciplinary Perspectives
by Christian Dahlman Eveline FeterisThis book offers its readers an overview of recent developments in the theory of legal argumentation written by representatives from various disciplines, including argumentation theory, philosophy of law, logic and artificial intelligence. It presents an overview of contributions representative of different academic and legal cultures, and different continents and countries. The book contains contributions on strategic maneuvering, argumentum ad absurdum, argumentum ad hominem, consequentialist argumentation, weighing and balancing, the relation between legal argumentation and truth, the distinction between the context of discovery and context of justification, and the role of constitutive and regulative rules in legal argumentation. It is based on a selection of papers that were presented in the special workshop on Legal Argumentation organized at the 25th IVR World Congress for Philosophy of Law and Social Philosophy held 15-20 August 2011 in Frankfurt, Germany.
Legal Aspects Around Satellite Constellations: Volume 2 (Studies in Space Policy #31)
by Annette FroehlichThis book is the highly anticipated sequel to the previous volume under the same title, dedicated to presenting a diverse range of timely and valuable contributions on the legal and policy related questions evoked by satellite constellations, including emerging mega-constellations. Given the proliferation of activities in the field of satellite constellations, and the critical roles they play in supporting and enabling communication, navigation, disaster monitoring, Earth observation, security and scientific activities, the insights of legal and policy experts from around the world have been gathered in this second volume to help expand the scientific literature in this precious field. Topics range from legal obstacles and opportunities facilitating small satellite enterprise for emerging space actors, international cooperation in the compatibility and interoperability of navigation systems, the designation of satellite constellations as critical space infrastructure, to an analysis of the paradigm shift which has occurred over the last decade to make the proliferation of small satellite constellations possible, and more.
Legal Aspects Of Special Education
by Kurt E. HulettFor every course in Special Education Law and Education Law, or as a perfect supplement to any Educational Administration course, Legal Aspects of Special Education was written by a practitioner to help teachers, administrators, and advocates understand special education law in everyday language- without excessive legalese or extraneous case law. Different in many ways from other special education law texts on the market, all of the elements of this text are intended to help its students obtain the most critical information about special education law and how it is applied in the real world. Some unique features include: a fascinating opening interview and then epilogue with Joe Ballard, a pioneer of the IDEA movement; a discussion of Response-to-Intervention (RTI) and the implication of IDEA 2004 for school districts; and a discussion of the history of special education and its link to the Civil Rights Movement. Additionally, the book provides case studies and application questions, critical thinking questions, the most current information on the laws including No Child Left Behind and the Individuals with Disabilities Education Act of 2004, and a discussion of major trends changing the laws, including that of autism.
Legal Aspects of Autonomous Systems: A Comparative Approach (Data Science, Machine Intelligence, and Law #4)
by Dário Moura Vicente Rui Soares Pereira Ana Alves LealAs computational power, the volume of available data, IT systems’ autonomy, and the human-like capabilities of machines increase, robots and AI systems have substantial and growing implications for the law and raise a host of challenges to current legal doctrines. The main question to be answered is whether the foundations and general principles of private law and criminal law offer a functional and adaptive legal framework for the “autonomous systems” phenomena.The main purpose of this book is to identify and explore possible trajectories for the development of civil and criminal liability; for our understanding of the attribution link to autonomous systems; and, in particular, for the punishment of unlawful conduct in connection with their operation. AI decision-making processes – including judicial sentencing – also warrant close attention in this regard.Since AI is moving faster than the process of regulatory recalibration, this book provides valuable insights on its redesign and on the harmonization, at the European level, of the current regulatory frameworks, in order to keep pace with technological changes.Providing a broader and more comprehensive picture of the legal challenges posed by autonomous systems, this book covers a wide range of topics, including the regulation of autonomous vehicles, data protection and governance, personality rights, intellectual property, corporate governance, and contract conclusion and termination issues arising from automated decisions, blockchain technology and AI applications, particularly in the banking and finance sectors.The authors are legal experts from around the world with extensive academic and/or practical experience in these areas.
Legal Aspects of Crowdfunding (Ius Comparatum - Global Studies in Comparative Law #55)
by Caroline KleinerThis book offers a comparative perspective on 18 countries’ legal regulation of crowdfunding. In the wake of the financial crises of 2008, use of this alternative financing method has increased substantially, in various forms. Whereas some states have adopted tailor-made regimes in order to regulate but also encourage this way of financing projects, allowing loans to be made by non-banking institutions, others still haven’t specifically addressed the subject. An analysis of these diverse legislative stances offers readers a range of legal solutions for managing crowdfunding activities with regard to e.g. protecting investors, imposing limits on project owners, and finally the role and duties of intermediaries, i.e., companies operating crowdfunding platforms. In addition, the content presented here provides a legal basis for states and supranational organizations interested in regulating this phenomenon to achieve more legal certainty.
Legal Aspects of Cruises (Ius Comparatum - Global Studies in Comparative Law #56)
by Cecilia Fresnedo de AguirreThis book presents a comparative study on various issues regarding legal aspects of cruises – mainly, the importance of the cruise business, the impact of cruise tourism, general and specific rules applicable to cruises, liability issues, cruise passengers as consumers, package travel, labor rules for cruise workers, relevant rules on ports (e.g. on taxes, costs and rates charged to cruises in different ports), rules on the environmental impact of cruises, jurisdiction, arbitration, and choice of law in cruise contracts, and general conditions used by companies offering cruise services – in order to identify the current sources of law on these matters and determine whether or not they are appropriate and sufficient. Combining a general report with individual national reports, the book offers not only a general overview, but also the perspectives of selected jurisdictions in the Americas, Europe and Asia, namely: Argentina, Belgium, Bulgaria, Germany, Japan, Poland, Romania, Spain, Turkey, the United States, and Uruguay.
Legal Aspects of Economic Integration in Africa
by Richard Frimpong OppongRichard Frimpong Oppong challenges the view that effective economic integration in Africa is hindered by purely socio-economic, political and infrastructural problems. Inspired by the comparative experiences of other regional economic communities and imbued with insights from constitutional, public and private international law, he argues that even if the socio-economic, political and infrastructural challenges were to disappear, the state of existing laws would hinder any progress. Using a relational framework as the fulcrum of analyses, he demonstrates that in Africa's economic integration processes, community-state, inter-state and inter-community legal relations have neither been carefully thought through nor situated on a solid legal framework, and that attempts made to provide legal framework have been incomplete and, sometimes, grounded on questionable assumptions. To overcome these problems and aid the economic integration agenda that is essential for Africa's long-term economic growth and development, the author proposes radical reforms to community and national laws.
Legal Aspects of Health Care Administration
by George D. Pozgar Nina M. SantucciThe most trusted resource in healthcare law is this classic text from George Pozgar, now completely revised. With new case studies in each chapter, The 12th edition continues to serve as an ideal introduction to the legal and ethical issues in the healthcare workplace. The 12th edition presents a wide range of health care topics in a comprehensible and engaging manner that will carefully guide your students through the complex maze of the legal system. This is a book they will hold on to throughout their careers. In addition to new cases, news clippings,the 12th edition introduces new real life experiences in the form of Reality Checks.