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Law, Love and Freedom: From the Sacred to the Secular (Law and Christianity)
by Joshua NeohHow does one lead a life of law, love, and freedom? This inquiry has very deep roots in the Judeo-Christian tradition. Indeed, the divergent answers to this inquiry mark the transition from Judeo to Christian. This book returns to those roots to trace the twists and turns that these ideas have taken as they move from the sacred to the secular. It relates our most important mode of social organization, law, to two of our most cherished values, love and freedom. In this book, Joshua Neoh sketches the moral vision that underlies our modern legal order and traces our secular legal ideas (constitutionalism versus anarchism) to their theological origins (monasticism versus antinomianism). Law, Love, and Freedom brings together a diverse cast of characters, including Paul and Luther, Augustine and Aquinas, monks and Gnostics, and constitutionalists and anarchists. This book is valuable to any lawyers, philosophers, theologians and historians, who are interested in law as a humanistic discipline.
Law, Love and Language
by Herbert MccabeWhat is ethics all about? In this book Herbert McCabe suggests that it is about loving, obeying laws and talking to people. In doing so, he offers an introduction to ethical thinking for anyone with a serious interest in moral philosophy. He does so as someone who writes with a Christian audience in mind. Most of his arguments, however, do not presuppose a believing Christian readership.
The Law Machine
by Clare Dyer Marcel BerlinsThe authors explain and discuss how the justice system evolved, the way it operates - including vivid descriptions of the trial process - and how lawyers work. Revised and updated throughout for this fifth edition, THE LAW MACHINE surveys recent developments in the workings of justice and the outlook for the future. 'Refreshingly free of the patronizing attitude and the humbug with which other books about the legal system are riddled' - THES
Law Made Simple
by David L.A. BarkerThis fourteenth edition of Law Made Simple marks the fiftieth year of the publication for one of the best-selling UK Law books. It is the perfect introduction to the English Legal System, and combines an overview of both the legislation and case law relating to all the foundation subjects, including Contract, Torts, Land, Trusts, Criminal, Public and EU. Fully updated, this book acts as a clear and concise guide for students studying law at any level, and takes into account developments across the curriculum. It is suitable for students studying law at A-Level, or as an excellent background for students thinking of embarking on the study of law or related course at degree level.
Law Mart: Justice, Access, and For-Profit Law Schools
by Riaz TejaniAmerican law schools are in deep crisis. Enrollment is down, student loan debt is up, and the profession's supply of high-paying jobs is shrinking. Meanwhile, thousands of graduates remain underemployed while the legal needs of low-income communities go substantially unmet. Many blame overregulation and seek a "free" market to solve the problem, but this has already been tested. Seizing on a deregulatory policy shift at the American Bar Association, private equity financiers established the first for-profit law schools in the early 2000s with the stated mission to increase access to justice by "serving the underserved". Pursuing this mission at a feverish rate of growth, they offered the promise of professional upward mobility through high-tech, simplified teaching and learning. In Law Mart, a vivid ethnography of one such environment, Riaz Tejani argues that the rise of for-profit law schools shows the limits of a market-based solution to American access to justice. Building on theories in law, political economy, and moral anthropology, Tejani reveals how for-profit law schools marketed themselves directly to ethnoracial and socioeconomic "minority" communities, relaxed admission standards, increased diversity, shook up established curricula, and saw student success rates plummet. They contributed to a dramatic rise in U.S. law student debt burdens while charging premium tuition financed up-front through federal loans over time. If economic theories have so influenced legal scholarship, what happens when they come to shape law school transactions, governance, and oversight? For students promised professional citizenship by these institutions, is there a need for protections that better uphold institutional quality and sustainability? Offering an unprecedented glimpse of this landscape, Law Mart is a colorful foray into these essential questions.
Law, Memory, Violence: Uncovering the Counter-Archive
by Stewart Motha Honni Van RijswijkThe demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law’s limited repertoire for assembling the archive after ‘the disaster’. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or ‘storehouse’ of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law’s authority and its troubled conscience. It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law’s archive. The volume presents research drawn from multiple jurisdictions that address the following questions. What resists being archived? What spaces and practices of memory - conscious and unconscious - undo legal and sovereign alibis and confessions? And what narrative forms expose the limits of responsibility, recognition, and reparations? By treating the law as an ‘archive’, this book traces the failure of universalised categories such as 'perpetrator', 'victim', 'responsibility', and 'innocence,' posited by the liberal legal state. It thereby uncovers law’s counter-archive as a challenge to established forms of representing and responding to violence.
Law, Migration, and Human Mobility: Mobile Law
by Magdalena KmakThis book analyses the multifaceted ways law operates in the context of human mobility, as well as the ways in which human mobility affects law. Migration law is conventionally understood as a tool to regulate human movement across borders, and to define the rights and limits related to this movement. But drawing upon the emergence and development of the discipline of mobility studies, this book pushes the idea of migration law towards a more general concept of mobility that encompass the various processes, effects, and consequences of movement in a globalized world. In this respect, the book pursues a shift in perspective on how law is understood. Drawing on the concepts of ‘kinology’ and ‘kinopolitics’ developed by Thomas Nail as well as ‘mobility justice’ developed by Mimi Sheller, the book considers movement and motion as a constructive force behind political and social systems; and hence stability that needs to be explained and justified. Tracing the processes through which static forms, such as state, citizenship, or border, are constructed and how they partake in production of differential mobility, the book challenges the conventional understanding of migration law. More specifically, and in revealing its contingent and unstable nature, the book reveals how human mobility is itself constitutive of law. This interdisciplinary book will appeal to those working in the areas of migration and refugee law, citizenship studies, mobility studies, legal theory, and sociolegal studies. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license. Funded by University of Helsinki and Åbo Akademi University.
Law, Migration and Precarious Labour: Ecotechnics of the Social
by Anastasia TatarynProviding a radical new approach to labour migration, this book challenges the prevailing legal and political construction of the figure of the irregular migrant labourer, whilst at the same time reimagining this irregularity as the basis of an alternative, post-capitalist, sociality. The text draws on the work of contemporary philosopher Jean-Luc Nancy, and more specifically his term ‘ecotechnics’, in order to examine how economic, political, and juridical norms deny the full legal status of certain people who are deemed to be irregular. This ostensible irregularity is revealed as a regular feature of labour market practice, and a necessary support for the conceptual foundations of capitalist legality. As this book shows, however, this legality – and with it, the technological subordination of life to the circulation of capital as if this were the only possibility for our being in the world – is not insurmountable. The book’s consideration of the figure of the irregular migrant labourer comes to provide an alternative basis for reimagining our relationship not only with migration and with labour itself, but ultimately with each other. This powerful analysis of contemporary labour migration is of considerable interest to legal and political theorists, philosophers, labour lawyers, migration experts, and others with theoretical, political, or policy interests in this area.
Law, Migration, and the Construction of Whiteness: Mobility Within the European Union
by Dagmar Rita MyslinskaThis book addresses the hidden dynamics of race within the European Union.Brexit supporters’ frequent targeting of European Union (EU) movers, especially those from Central and Eastern Europe, has been popularly assumed as at odds with the EU project’s foundations based on equality and inclusion. This book dispels that notion. By interrogating the history, wording, omissions, assumptions and applications of laws, policies and discourses pertinent to mobility and equality, the argument developed throughout the book is that the parameters of CEE nationals’ status within the EU have been closely circumscribed, in line with the entrenched historical positioning of the west as superior to the east. Engaging current legal, economic, political and moral issues--against the backdrop of Brexit and contestations over EU integration and globalisation--this work opens avenues of thought to better understand law’s role in producing and sustaining social stratifications. Europe is a postcolonial space, as this book demonstrates. By addressing fractures within the construct of whiteness that are based on ethnicity, class and migrant status, the book also provides a theoretically nuanced, and politically useful, understanding of contemporary European racisms.This book will appeal to scholars, students and others interested in migration, EU integration and EU citizenship, equality law, race and ethnicity, social policy, and postcolonialism.
Law, Modernity, Postmodernity: Legal Change in the Contracting State (Routledge Revivals)
by Brendan EdgeworthThis title was first published in 2003. This book examines the interrelationship between the unravelling of the post-war welfare state and legal change. By reference to theorists of postmodernity such as Zygmunt Bauman, Scott Lash and John Urry, and David Harvey, the principal argument is that contemporary law and legal institutions can be best understood as having changed in ways that mirror the recent transformation of the interventionist welfare state and its Fordist, Keynesian economic infrastructure. The key changes identified in the legal field include:- the shift toward marketized regulatory structures as reflected in privatization and deregulation, the attenuation of welfare rights, the privatization of justice, legal polycentricity, the reconfiguration of the welfare state’s social citizenship and the globalization of law. Empirical evidence from a number of jurisdictions is adduced to indicate the general direction of change.
Law, Morality and Judicial Reasoning: Essays on W. J. Waluchow’s Jurisprudence and Constitutional Theory (Law and Philosophy Library #147)
by Thomas Bustamante Saulo De Matos André L. S. CoelhoThis book provides a critical outlook on, and an inquiry into the practical implications of, the works of Professor W.J. Waluchow, one of the most important jurisprudence scholars of the early twenty-first century, while also reflecting on the interconnections between his legal theory and his theory of constitutional interpretation. It also features an interview with Waluchow, in which he responds to some of the chapters and shares a first-person perspective on his main philosophical ideas, how they emerged, and how they can be further developed and applied. The book makes a valuable contribution to contemporary legal philosophy by asking and providing different answers (from prominent legal philosophers and newer scholars in the field) to questions such as ‘How does Waluchow’s jurisprudence relate to his theories of legal reasoning and constitutional interpretation?’, ‘On what terms should we understand inclusive legal positivism?’, ‘Can inclusive legal positivism be reconciled with an interpretivist theory of adjudication?’, ‘How does it compare with Raz’s model of legal authority?’, ‘Can Waluchow’s notion of “community constitutional morality” be applied to contexts such as international law, pluralist legal communities, and indigenous laws?’, and ‘Is Waluchow’s methodology equipped to provide interpretive directives in unstable and extremely unequal legal systems?’. The chapters, all written by experts on jurisprudence (including some of the scholars who helped develop the tradition known as inclusive legal positivism), offer a unique analysis of Waluchow’s most complex and intriguing theses, providing not only a valuable exegetical analysis of his work but also a range of answers to the challenge of interpreting legal and constitutional values, as well as practical resolutions to persisting controversies in the philosophy of law.
Law, Mystery, and the Humanities
by Diana Majury Logan AtkinsonThe trans-disciplinary study of law and the humanities is becoming a more widespread focus among scholars from a range of disciplines. Complementary in several major ways, concepts and theories of law can be used to formulate fresh ideas about the humanities, and vice versa. Law, Mystery, and the Humanities, a collection of essays by leading scholars, is based on the hypothesis that law has significant contributions to make to ongoing discussions of philosophical issues recurrent in the humanities.The philosophical issues in question include the role of rationality in human experience, the problem of dissent, the persistence of suffering, and the possibility of transcendence. In each of these areas, law is used to add complexity and offer divergent perspectives, thus moving important questions in the humanities forward by introducing the possibility of alternative analysis. Ranging from discussions of detective fiction, Chomsky's universal grammar, the poetry of Margaret Atwood, the Great Plague of London, and more, Law, Mystery, and the Humanities offers a unique examination of trans-disciplinary potential.
Law, Necessity, and the Crisis of the State: The Early Writings of Santi Romano (Law and Politics)
by Mariano CroceThis book contains the first English translations of Santi Romano’s important essays, ‘On the Decree Laws and the State of Siege During the Earthquakes in Messina and Reggio Calabria’ (1909) and ‘The Modern State and its Crisis’ (1910). Before Santi Romano wrote his masterpiece The Legal Order in 1917–18, he lay the foundations for his ground-breaking theory of law in these two essays, which are still central to scholarly debates about his legacy. The main focus of ‘On the Decree Laws’ is the concept of necessity as a source of law. Such a controversial view anticipated the much more renowned conception of the state of exception advanced later by Carl Schmitt in his Political Theology and has provided a reference point for Giorgio Agamben. The second essay, ‘The Modern State and its Crisis’, is concerned with the emergence of social forces that the early 20th-century administrative state was struggling to tame. Pursuing an insight that he would develop in The Legal Order, Romano argued that a solution could be found in a public law theory that was able to reconcile the need for a shared constitutional frame with the internal orderings of nonstate movements. Indispensable for contemporary scholars to understand how Romano’s most revolutionary notions came about, as well as to fully appreciate the theoretical import of his concept of law, this book will appeal to legal and political theorists and others who are interested in how law deals and should deal with emergencies and social crises.
Law, Obligation, Community (Critical Studies in Jurisprudence)
by Daniel Matthews Scott VeitchAgainst an ever-expanding and diversifying ‘rights talk’, this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply ‘bound beings’, to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.
The Law of Affirmative Action: Twenty Five Years of Supreme Court Decisions on Race and Remedies
by Girardeau A. SpannThe debate over race in this country has of late converged on the contentious issue of affirmative action. Although the Supreme Court once supported the concept of racial affirmative action, in recent years a majority of the Court has consistently opposed various affirmative action programs. The Law of Affirmative Action provides a comprehensive chronicle of the evolution of the Supreme Court's involvement with the racial affirmative action issue over the last quarter century. Starting with the 1974 DeFunis v. Odegaard decision and the 1978 Bakke decision, which marked the beginnings of the Court's entanglement with affirmative action, Girardeau Spann examines every major Supreme Court affirmative action decision, showing how the controversy the Court initially left unresolved in DeFunis has persisted through the Court's 1998-99 term. Including nearly thirty principal cases, covering equal protection, voting rights, Title VII, and education, The Law of Affirmative Action is the only work to treat the Court decisions on racial affirmative action so closely, tracing the votes of each justice who has participated in the decisions. Indispensable for students and scholars, this timely volume elucidates reasons for the 180 degree turn in opinion on an issue so central to the debate on race in America today.
The Law of Armed Conflict: Constraints on the Contemporary Use of Military Force (Global Interdisciplinary Studies Series)
by Howard M. HenselModern armed conflict has taken a variety of forms and occurs at a variety of levels, raising serious questions concerning the relationship between the law of armed conflict and the reality of contemporary warfare. Many contemporary armed conflicts are fought in pursuit of unlimited objectives, whereas other modern wars seek to advance limited goals. While in some cases modern wars are fought by traditional armies composed of clearly identifiable soldiers, often modern armed conflicts are waged by guerrilla or partisan fighters whose identities are easily confused with non-combatants. Terrorism is increasingly a characteristic manifestation of this contemporary warfare. In the broadest sense, contemporary warfare has raised often controversial and vexing questions concerning the applicability of the law of armed conflict and, when applicable, the interpretation of its principles and tenets. This engaging volume addresses some of the contemporary normative and legal challenges and problems associated with the application of the concepts of just war, the just conduct of war, and the law of armed conflict to 21st century warfare.
The Law of Armed Conflict: International Humanitarian Law in War
by Gary D. SolisThe Law of Armed Conflict: International Humanitarian Law in War introduces law students and undergraduates to the law of war in an age of terrorism. What law of armed conflict/international humanitarian law applies to particular armed conflicts? Does that law apply to terrorists as well? What is the status of participants in an armed conflict? What constitutes a war crime? What is a lawful target and how are targeting decisions made? What are rules of engagement? What weapons are lawful and unlawful, and why? This text takes the reader through these essential questions of the law of armed conflict and international humanitarian law to an awareness of finer points of battlefield law. The U. S. -weighted text incorporates lessons from many nations and includes hundreds of cases from jurisdictions worldwide.
The Law of Armed Conflict: International Humanitarian Law in War
by Gary D. SolisNewly revised and updated, The Law of Armed Conflict, introduces students to the law of war in an age of terrorism. What law of armed conflict (LOAC) or its civilian counterpart, international humanitarian law (IHL), applies in a particular armed conflict? Are terrorists bound by that law? What constitutes a war crime? What (or who) is a lawful target and how are targeting decisions made? What are 'rules of engagement' and who formulates them? How can an autonomous weapon system be bound by the law of armed conflict? Why were the Guantánamo military commissions a failure? Featuring new chapters, this book takes students through these topics and more, employing real-world examples and legal opinions from the US and abroad. From Nuremberg to 9/11, from courts-martial to the US Supreme Court, from the nineteenth century to the twenty-first, the law of war is explained, interpreted, and applied with clarity and depth.
Law of Attraction: A Novel (Anna Curtis Series #1)
by Allison LeottaAs a newly minted Assistant U.S. Attorney in Washington, D.C., Anna Curtis has already developed thick skin to deal with the brutality she encounters with her daily stack of domestic violence cases. Yet when Laprea Johnson walks into Anna’s life—battered by her boyfriend on the morning after Valentine’s Day—there’s something about this particular case that Anna can’t quite shake, something that reminds the prosecutor of her own troubled past. At the trial, Laprea makes a last-minute reversal, lying on the witness stand to free her boy-friend. Shortly after he is freed, Anna is horrified to hear that Laprea’s body has been found in a trash heap. Hastily assigned to prosecute the murder case alongside intimidating chief homicide prosecutor Jack Bailey, Anna’s heart sinks when she learns that her own boyfriend, public defender Nick Wagner, is representing the accused. Torn between bringing the killer to justice and saving her personal life, Anna makes a series of choices that jeopardizes her career, her relationships, and her very life as she uncovers the shocking truth behind the murder. Weaving expert knowledge with deft storytelling, federal sex-crimes prosecutor and Harvard Law School graduate Allison Leotta takes readers on a thrilling ride through D.C.’s criminal justice system. From the back rooms of the U.S. Attorney’s Office and the flirtations and machinations of Washington’s Ivy League lawyers to the struggles of its poorest citizens on the gritty streets of Anacostia, Law of Attraction is a gripping debut from an exciting new talent.
The Law of Bankruptcy
by Charles Jordan TabbThis comprehensive text provides an exhaustive analysis and discussion of every aspect of bankruptcy law, including an overview of bankruptcy; invoking bankruptcy relief (with a very detailed explanation of the means test); the automatic stay; jurisdiction and procedure (including an extensive discussion of Stern v. Marshall); property of the estate; trustee's avoiding powers; payment of claims; executory contracts and unexpired leases; exemptions (with comprehensive analysis of Schwab v. Reilly); discharge; reorganization under Chapter 11 (including in-depth discussions of the General Motors and Chrysler cases, as well as RadLAX); debt adjustments under Chapter 13 (including the Lanning and Ransom cases); and debt adjustments under Chapter 12. The 2005 BAPCPA amendments and the extensive case law thereunder are explained and critiqued.
A Law of Blood-ties - The 'Right' to Access Genetic Ancestry: The 'right' To Access Genetic Ancestry
by Alice DiverThis text collates and examines the jurisprudence that currently exists in respect of blood-tied genetic connection, arguing that the right to identity often rests upon the ability to identify biological ancestors, which in turn requires an absence of adult-centric veto norms. It looks firstly to the nature and purpose of the blood-tie as a unique item of birthright heritage, whose socio-cultural value perhaps lies mainly in preventing, or perhaps engendering, a feared or revered sense of 'otherness.' It then traces the evolution of the various policies on 'telling' and accessing truth, tying these to the diverse body of psychological theories on the need for unbroken attachments and the harms of being origin deprived. The 'law' of the blood-tie comprises of several overlapping and sometimes conflicting strands: the international law provisions and UNCRC Country Reports on the child's right to identity, recent Strasbourg case law, and domestic case law from a number of jurisdictions on issues such as legal parentage, vetoes on post-adoption contact, court-delegated decision-making, overturned placements and the best interests of the relinquished child. The text also suggests a means of preventing the discriminatory effects of denied ancestry, calling upon domestic jurists, legislators, policy-makers and parents to be mindful of the long-term effects of genetic 'kinlessness' upon origin deprived persons, especially where they have been tasked with protecting this vulnerable section of the population.
Law of Business Contracts in India (SAGE Law)
by Sairam BhatLaw of Business Contracts in India brings together in-depth, wide-ranging articles by legal experts in the area of Business Contracts. It focuses on the modern forms of business contracts and exposits on the historical evolution, judicial interpretation and future applications of such contracts. The articles bridge the gap between the theoretical understanding of contract law and its practical orientation, need, relevance and challenges. The key features of the volume are: • Comprehensive coverage of modern laws on contract formation. • Discussion on the relevance of international laws in the global business context. • Delineation of the modern style, practice and challenges confronting new forms of contracts. • Description of the application of contract law to special contracts. • Discourse on the issues of international taxation and multinational contractual jurisdiction. • Research-based analysis of the common law approach with the Indian perspective on contract law application. The compilation views modern business contracts in a wide variety of commercial segments-from infrastructure to consortium loans, from joint ventures to outsourcing. It will serve as an excellent reference material for students of law, especially commercial law and business contracts. It will also be an exhaustive guide for lawyers and entrepreneurs.
The Law of Business Organizations: A Concise Overview of German Corporate Law
by Martin Schulz Oliver WasmeierThis book gives a concise introduction to the German law of business organizations and is meant to help business practitioners and international students to familiarize themselves with its key concepts and legal issues. After outlining some characteristic features of the German legal system the book describes the various types of German business organizations with a special focus on the German Limited Liability Company (GmbH) and the German Stock Corporation (AG). The book discusses some typical problems faced by companies engaged in cross-border activities and also provides a brief outline of some recent developments in European company law with a special focus on the new multinational corporate form of the European Company (SE).
The Law of Carriage of Goods by Sea
by Arun KasiThis book, written in three parts, covers the basics of the international trade, financing and the legal framework related to the law of carriage of goods by sea, elaborates on bills of lading in depth and sea waybills and ship’s delivery orders in brief and charterparties in depth. While the book is based on the English law, cases and materials from other jurisdictions, particularly Singapore, Malaysia, India, the USA, and Australia are brought in to provide an international perspective. The practical analyses, commentary and critiques of cases would be a useful guide for practitioners in developing case arguments. Although written with practitioners, academicians and students in mind, the book will also serve as a useful guide for sea carriers, freight forwarders, international traders, financiers, etc. as the complex subject is presented in reader-friendly and easy to grasp manner.
The Law of Coastal Adaptation: Insights from Germany and New Zealand
by Linda SchumacherThis work investigates law as an instrument to deal with the challenges of sea level rise. As the two countries chosen as examples differ significantly in their adaptation strategies and the corresponding legal regulations, the author presents general ideas on how any legal framework facing similar challenges could be improved. In particular, (flood) risk assessments, coastal defences and flood-resistant design as well as spatial and land use planning are discussed, including managed retreat. Moreover, conflicts as well as potential synergies of coastal adaptation and nature conservation are examined.Due to the thorough analysis this book is not just an essential read for policymakers and researchers interested in the coastal area but climate change adaptation in general as many general findings are transferrable to other impacts.