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Law and Gospel: A Study Integrating Faith and Practice
by John Warwick MontgomeryA monograph integrating the study of law with the study of Christian theology. Starting with an examination of the three classical functions of the law (political, paedogogical, and didactic), and the distinctions between law and gospel the study moves on to examine contracts, criminal law, real and personal property, laws of evidence, and civil and constitutional law.
Law and Governance
by N. Douglas LewisThis book describes the nature of these changes and identifies the accountability gaps which have inevitably opened up in the absence of a written constitution or a considered Administrative Procedure Act.
The Law and Governance of Decentralised Business Models: Between Hierarchies and Markets (Routledge Research in Corporate Law)
by Roger M Barker; Iris H-Y ChiuThis book draws together themes in business model developments in relation to decentralised business models (DBMs), sometimes referred to as the ‘sharing’ economy, to systematically analyse the challenges to corporate and organisational law and governance. DBMs include business networks, the global supply chain, public–private partnerships, the platform economy and blockchain-based enterprises. The law of organisational forms and governance has been slow in responding to changes, and reliance has been placed on innovations in contract law to support the business model developments. The authors argue that the law of organisations and governance can respond to changes in the phenomenon of decentralised business models driven by transformative technology and new socio-economic dynamics. They argue that principles underlying the law of organisations and governance, such as corporate governance, are crucial to constituting, facilitating and enabling reciprocality, mutuality, governance and redress in relation to these business models, the wealth-creation of which subscribes to neither a firm nor market system, is neither hierarchical nor totally decentralised, and incorporates socio-economic elements that are often enmeshed with incentives and relations. Of interest to academics, policymakers and legal practitioners, this book offers proposals for new thinking in the law of organisation and governance to advance the possibilities of a new socio-economic future.
The Law and Governance of the EU Public Ethics System: An Institutional Perspective (Palgrave Studies in European Union Politics)
by Alberto AlemannoThe questions at the core of this volume are the following: What are the ethics and integrity rules for the EU? How do they score compared to the integrity frameworks existing at the Member States’ level and in other democracies? How do we design these rules and ensure their enforcement in the EU? How do we improve the enforcement of EU integrity standards? Can an EU ethics system contribute to preventing or mitigating unethical conduct within the Union thus improving its democratic legitimacy? In addressing these questions, this edited volume provides a critical analysis of the existing 'EU ethical framework' while contextualising it within the unique transnational setting that characterises the EU public administration and its various institutions.
Law and Government in England during the Long Eighteenth Century
by David LemmingsOver the long eighteenth century English governance was transformed by large adjustments to the legal instruments and processes of power. This book documents and analyzes these shifts and focuses upon the changing relations between legal authority and the English people.
Law and Happiness
by Eric A. Posner Cass R. SunsteinSince the earliest days of philosophy, thinkers have debated the meaning of the term happiness and the nature of the good life. But it is only in recent years that the study of happiness- or "hedonics"- has developed into a formal field of inquiry, cutting across a broad range of disciplines and offering insights into a variety of crucial questions of law and public policy. Law and Happiness brings together the best and most influential thinkers in the field to explore the question of what makes up happiness--and what factors can be demonstrated to increase or decrease it. Martha Nussbaum offers an account of the way that hedonics can productively be applied to psychology, Cass R. Sunstein considers the unexpected relationship between happiness and health problems, Matthew Adler and Eric A. Posner view hedonics through the lens of cost-benefit analysis, David A. Weisbach considers the relationship between happiness and taxation, and Mark A. Cohen examines the role crime--and fear of crime--can play in people's assessment of their happiness, and much more. The result is a kaleidoscopic overview of this increasingly prominent field, offering surprising new perspectives and incisive analyses that will have profound implications on public policy.
Law and Identity in Colonial South Asia
by Mitra SharafiThis book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.
Law and Identity in Israel: A Century of Debate (Cambridge Studies in Law and Judaism)
by Nir KedarWhat makes Israeli law Israeli? Why is the word 'Jewish' almost entirely absent from Israeli legislation? How did Israel succeed in eluding a futile and dangerous debate over identity, and construct a progressive, independent, original and sophisticated legal system? Law and Identity in Israel attempts to answer these questions by looking at the complex bond between Zionism and the Jewish culture. Forging an original and 'authentic' Israeli law that would be an expression and encapsulation of Israeli-Jewish identity has been the goal of many Jewish and Zionist jurists as well as public leaders for the past century. This book chronicles and analyzes these efforts, and in the process tackles the complex meaning of Judaism in modern times as a religion, a culture, and a nationality. Nir Kedar examines the challenges and difficulties of expressing Judaism, or transplanting it into, the laws of the state of Israel.
Law and Identity in Mandate Palestine
by Assaf LikhovskiOne of the major questions facing the world today is the role of law in shaping identity and in balancing tradition with modernity. In an arid corner of the Mediterranean region in the first decades of the twentieth century, Mandate Palestine was confronting these very issues. Assaf Likhovski examines the legal history of Palestine, showing how law and identity interacted in a complex colonial society in which British rulers and Jewish and Arab subjects lived together. Law in Mandate Palestine was not merely an instrument of power or a method of solving individual disputes, says Likhovski. It was also a way of answering the question, "Who are we?" British officials, Jewish lawyers, and Arab scholars all turned to the law in their search for their identities, and all used it to create and disseminate a hybrid culture in which Western and non-Western norms existed simultaneously. Uncovering a rich arsenal of legal distinctions, notions, and doctrines used by lawyers to mediate between different identities, Likhovski provides a comprehensive account of the relationship between law and identity. His analysis suggests a new approach to both the legal history of Mandate Palestine and colonial societies in general.
Law and Imagination in Troubled Times: A Legal and Literary Discourse (Law, Language and Communication)
by Richard MullenderThis collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the ‘legal imagination.’ Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate throughout the legal system. The collection probes ‘the transatlantic constitution’ and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability. The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future. The work provides stimulating reading for those working in the areas of legal philosophy, legal history and law and humanities and law and language.
Law and Intangible Cultural Heritage in the City
by Sara Gwendolyn RossWith disappearing music venues, and arts and culture communities at constant risk of displacement in our urban centers, the preservation of intangible cultural heritage is of growing concern to global cities. This book addresses the role and protection of intangible cultural heritage in the urban context. Using the methodology of Urban Legal Anthropology, the author provides an ethnographic account of the civic effort of Toronto to become a Music City from 2014-18 in the context of redevelopment and gentrification pressures. Through this, the book elucidates the problems cities like Toronto have in equitably protecting intangible cultural heritage and what can be done to address this. It also evaluates the engagement that Toronto and other cities have had with international legal frameworks intended to protect intangible cultural heritage, as well as potential counterhegemonic uses of hegemonic legal tools. Understanding urban intangible cultural heritage and the communities of people who produce it is of importance to a range of actors, from urban developers looking to formulate livable and sustainable neighbourhoods, to city leaders looking for ways in which their city can flourish, to scholars and individuals concerned with equitability and the right to the city. This book is the beginning of a conservation about what is important for us to protect in the city for future generations beyond built structures, and the role of intangible cultural heritage in the creation of full and happy lives. The book is of interest to legal and sociolegal readers, specifically those who study cities, cultural heritage law, and legal anthropology.
Law and International Religious Freedom: The Rise and Decline of the American Model (ICLARS Series on Law and Religion)
by Pasquale AnnicchinoThis book analyzes the promotion and protection of freedom of religion in the international arena with a particular focus on the role and influence of the US International Religious Freedom Act, 1998. It also investigates the impact of the IRFA on the legislation and policies of third countries and the EU. The book develops the story of the protection of religious freedom through foreign policy by showing how religious laws affect and shape a more communitarian dimension of the notion of freedom of religion which stands in contrast with a traditionally Western individualistic understanding of the right. It is argued that it is still possible to defend the unstable category of freedom of religion or belief especially when major violations are at stake. The book presents a balanced contribution to the academic debate on the promotion and protection of religious freedom. The comparative approach and interdisciplinary methodology make it a valuable resource for academics, students and policy-makers in Law, International Relations and Strategic Studies.
Law and Intersystemic Communication: Understanding ‘Structural Coupling’ (Studies In The Sociology Of Law Ser.)
by Gorm HarsteWith contributions from experts in the field of sociology of law, this book provides an overview of current perspectives on socio-legal studies. It focuses particularly on the relationship between law and society described in recent social systems theory as ’structural coupling’. The first part of the book presents a reconstruction of theoretical tendencies in the field of socio-legal studies, characterised by the emergence of a transnational model of legal systems no longer connected to territorial borders and culturally specific aspects of single legal orders. In the following parts of the book, the contributions analyse some concrete cases of interrelation between law and society from an empirical and theoretical perspective.
Law and Investment in China: The Legal and Business Environment after China's WTO Accession
by Vai Io Lo Xiaowen TianThe Chinese market is appealing, but the Chinese legal system is very complicated. A basic understanding of Chinese law is absolutely crucial for companies investing in this fast-growing and potentially huge market. Since China is moving toward a socialist market economy and is increasingly integrated into the world market, some aspects of China's commercial law are different from, while others are moving into line with, those of mature market economies. This book provides an introduction to the Chinese legal system, focusing on laws and regulations on foreign direct investment and highlights recent government policies and measures undertaken to intensify economics reforms so as to meet various challenges arising from China's accession to the World Trade Organization.
Law and Irresponsibility: On the Legitimation of Human Suffering
by Scott VeitchLaw is widely assumed to provide contemporary society with its most important means of organizing responsibility. Across a broad range of areas of social life – from the activities of states and citizens, to work, business and private relationships – it is understood that legal regulation plays a crucial role in defining and limiting responsibilities. But Law and Irresponsibility pursues the opposite view: it explores how law organizes irresponsibility. With a particular focus on large-scale harms – including extensive human rights violations, forms of colonialism, and environmental or nuclear devastation – this book analyzes the ways in which law legitimates human suffering by demonstrating how legal institutions operate as much to deflect responsibility for harms suffered as to acknowledge them. Drawing on a series of case studies, it shows not only how law facilitates the dispersal and disavowal of responsibility, but how it does so in consistent and patterned ways. Irresponsibility is organized, and its organization is traced here to the legal forms, and the social and political conditions, that sustain ‘our’ complicity in human suffering. This innovative and interdisciplinary book provides a radical challenge to conventional thinking about law and legal institutions. It will be of considerable interest to those working in law, political and legal theory, sociology and moral philosophy.
Law and Judicial Duty
by Philip HamburgerPhilip Hamburger’s Law and Judicial Duty traces the early history of what is today called “judicial review.” Working from previously unexplored evidence, Hamburger questions the very concept of judicial review. Although decisions holding statutes unconstitutional are these days considered instances of a distinct judicial power of review, Hamburger shows that they were once understood merely as instances of a broader judicial duty. The book’s focus on judicial duty overturns the familiar debate about judicial power. The book is therefore essential reading for anyone concerned about the proper role of the judiciary. Hamburger lays the foundation for his argument by explaining the common law ideals of law and judicial duty. He shows that the law of the land was understood to rest on the authority of the lawmaker and that what could not be discerned within the law of the land was not considered legally binding. He then shows that judges had a duty to decide in accord with the law of the land. These two ideals—law and judicial duty—together established and limited what judges could do. By reviving an understanding of these common law ideals, Law and Judicial Duty calls into question the modern assumption that judicial review is a power within the judges’ control. Indeed, the book shows that what is currently considered a distinct power of review was once understood as a matter of duty—the duty of judges to decide in accord with the law of the land. The book thereby challenges the very notion of judicial review. It shows that judges had authority to hold government acts unconstitutional, but that they enjoyed this power only to the extent it was required by their duty. In laying out the common law ideals, and in explaining judicial review as an aspect of judicial duty, Law and Judicial Duty reveals a very different paradigm of law and of judging than prevails today. The book, moreover, sheds new light on a host of misunderstood problems, including intent, manifest contradiction, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent.
Law and Justice: Thomas Bingham, Nicholas Phillips and Eleanor Sharpston (Creative Lives and Works)
by Alan MacfarlaneLaw and Justice: Thomas Bingham, Nicholas Phillips and Eleanor Sharpston is the first time a collection of interviews is being published as a book. These interviews have been conducted by one of England’s leading social anthropologists and historians, Professor Alan Macfarlane. Filmed over a period of several years, the three conversations in this volume are part of the series Creative Lives and Works. These transcriptions also form part of a larger set of interviews that cut across various disciplines, from the social sciences, the sciences and the performing and visual arts. The current volume is on three of Britain’s foremost lawyers and judges. Law and justice are an intrinsic part of any civilization, ancient or modern. English law traces its origins to medieval times, at times drawing on ancient legal systems prevalent in Roman and Anglo-Saxon laws. This tradition has had a huge influence across the world through export to the United States and throughout the nations of the former British Empire. The three conversations in this volume further reflect how interconnected the disciplines of history and law are. Thomas Bingham, Nicholas Phillips and Eleanor Sharpston give a wide sketch of the legal system through their own experiences and interpretations. They show how one of the single most important and unique features of British civilization works. The book will be of enormous value not just to those interested in the subject of Law and Justice but also History and Culture Studies as well as those with an interest in Legal Literature. Please note: This title is co-published with Social Science Press, New Delhi. Taylor & Francis does not sell or distribute the Hardback in India, Pakistan, Nepal, Bhutan, Bangladesh and Sri Lanka.
Law and Justice around the World: A Comparative Approach
by Mikaila Mariel ArthurLaw and Justice around the World is designed to introduce students to comparative law and justice, including cross-national variations in legal and justice systems as well as global and international justice. The book draws students into critical discussions of justice around the world today by: taking a broad perspective on law and justice rather than limiting its focus to criminal justice systemsexamining topics of global concern, including governance, elections, environmental regulations, migration and refugee status, family law, and others focusing on a diverse set of global examples, from Europe, North America, East Asia, and especially the global south, and comparing the United States law and justice system to these other nations continuing to cover core topics such as crime, law enforcement, criminal courts, and punishmentincluding chapter goals to define learning outcomessharing case studies to help students apply concepts to real life issues Instructor resources include discussion questions; suggested readings, films, and web resources; a test bank; and chapter-by-chapter PowerPoint slides with full-color maps and graphics. By widening the comparative lens to include nations that are often completely ignored in research and teaching, the book paints a more realistic portrait of the different ways in which countries define and pursue justice in a globalized, interconnected world.
Law and Justice as Seen on TV
by Elayne RappingLaw and Justice as Seen on TV examines the impact, significance, and social and political problems raised by the enormous onslaught of law-related television programming, both fiction and nonfiction, in the years since the rise of live televised trials as major media events. The book weaves together the various strands—media history and analysis, legal history and policy, and the national turn to the political right in the last decades—which gave birth to this trend and has kept it thriving and growing, by leaps and bounds, to the present day. Beginning with the history of courtroom drama on TV and its various contradictions and shifts, since the late 1940s to the present, the book analyzes the various entertainment series and genres that have so proliferated in recent years, giving special attention to such popular and influential series as "Law and Order" and "Cops." The second section begins by charting the complex and contested history of the coming of cameras to the courtroom and the way in which that legal decision led to televised trials and to the rise of Court TV. It examines as especially interesting and important the major trials—such as those of the Menendez brothers, O.J. Simpson, and Timothy McVeigh—which helped to shape the way television came to frame trials and their social implications for public consumption. From there it examines major social issues—gender violence, youth crime, family dysfunction, victims' rights which, with the rise of the courtroom as a major political and television arena, have come to be viewed largely as legal issues to be discussed and determined in legal terms by Americans in general. Accessible and lucid, Law and Justice as Seen on TV concludes with an examination of the broad implications of this social and cultural trend, closing with some thoughts about its expansion, on television and in the actual legal arena, during the "war on terrorism" in the wake of 9/11.
Law and Justice in Japanese Popular Culture: From Crime Fighting Robots to Duelling Pocket Monsters
by Ashley Pearson Thomas Giddens Kieran TranterIn a world of globalised media, Japanese popular culture has become a signifi cant fountainhead for images, narrative, artefacts, and identity. From Pikachu, to instantly identifi able manga memes, to the darkness of adult anime, and the hyper- consumerism of product tie- ins, Japan has bequeathed to a globalised world a rich variety of ways to imagine, communicate, and interrogate tradition and change, the self, and the technological future. Within these foci, questions of law have often not been far from the surface: the crime and justice of Astro Boy; the property and contract of Pokémon; the ecological justice of Nausicaä; Shinto’s focus on order and balance; and the anxieties of origins in J- horror. This volume brings together a range of global scholars to refl ect on and critically engage with the place of law and justice in Japan’s popular cultural legacy. It explores not only the global impact of this legacy, but what the images, games, narratives, and artefacts that comprise it reveal about law, humanity, justice, and authority in the twenty-first century.
Law and Language
by Harold J. Berman John Witte Jr.Completed in 1964, Harold J. Berman's long-lost tract shows how properly negotiated, translated and formalised legal language is essential to fostering peace and understanding within local and international communities. Exemplifying interdisciplinary and comparative legal scholarship long before they were fashionable, it is a fascinating prequel to Berman's monumental Law and Revolution series. It also anticipates many of the main themes of the modern movements of law, language and ethics. In his Introduction, John Witte, Jr, a student and colleague of Berman, contextualises the text within the development of Berman's legal thought and in the evolution of interdisciplinary legal studies. He has also pieced together some of the missing sections from Berman's other early writings and provided notes and critical apparatus throughout. An Afterword by Tibor Várady, another student and colleague of Berman, illustrates via modern cases the wisdom and utility of Berman's theories of law, language and community.
Law and Leadership: Integrating Leadership Studies into the Law School Curriculum (Emerging Legal Education)
by Paula Monopoli Susan MccartyLeadership includes the ability to persuade others to embrace one’s ideas and to act upon them. Teaching law students the art of persuasion through advocacy is at the heart of legal education. But historically law schools have not included leadership studies in the curriculum. This book is one of the first to examine whether and how to integrate the theory and practice of leadership studies into legal education and the legal profession. Interdisciplinary in its scope, with contributions from legal educators and practitioners, the book defines leadership in the context of the legal profession and explores its challenges in legal academia, private practice, and government. It also investigates whether law students need to study leadership and, if they should, why it should be offered as part of the curriculum. Finally, it considers how leadership should be taught and how it should be integrated into classes. It evaluates new leadership courses and the adaptation of existing courses to reflect on how to effectively blend law and leadership in doctrinal, clinical, and experiential classrooms. The book includes a foreword by Pulitzer Prize-winning historian and noted leadership scholar, James MacGregor Burns and a foundational essay by prominent leadership scholar and one of the founders of the International Leadership Association, Georgia Sorenson. It will be a valuable resource to anyone interested in leadership, education policy and legal ethics.
Law and Legacy in Medical Jurisprudence: Essays in Honour of Graeme Laurie
by Edward S. Dove Niamh Nic ShuibhneGraeme Laurie stepped down from the Chair in Medical Jurisprudence at the University of Edinburgh in 2019. This edited collection pays tribute to his extraordinary contributions to the field. Graeme often spoke about the importance of 'legacy' in academic work and forged a remarkable intellectual legacy of his own, notably through his work on genetic privacy, human tissue and information governance, and the regulatory salience of the concept of liminality. The essays in this volume animate the concept of legacy to analyse the study and practice of medical jurisprudence. In this light, legacy reveals characteristics of both benefit and burden, as both an encumbrance to and facilitator of the development of law, policy and regulation. The contributions reconcile the ideas of legacy and responsiveness and show that both dimensions are critical to achieve and sustain the health of medical jurisprudence itself as a dynamic, interdisciplinary and policy-engaged field of thinking.
Law and Legal Practice in Egypt from Alexander to the Arab Conquest: A Selection Of Papyrological Sources In Translation, With Introductions And Commentary
by J. G. Manning James G. Keenan J. G. Manning Uri Yiftach-Firanko James G. KeenanThe study of ancient law has blossomed in recent years. In English alone there have been dozens of studies devoted to classical Greek and Roman law, to the Roman legal codes, and to the legal traditions of the ancient Near East among many other topics. Legal documents written on papyrus began to be published in some abundance by the end of the nineteenth century; but even after substantial publication history, legal papyri have not received due attention from legal historians. This book blends the two usually distinct juristic scholarly traditions, classical and Egyptological, into a coherent presentation of the legal documents from Egypt from the Ptolemaic to the late Byzantine periods, all translated and accompanied by expert commentary. The volume will serve as an introduction to the rich legal sources from Egypt in the later phases of its ancient history as well as a tool to compare legal documents from other cultures.
Law and Legal Process
by Matthew Dyson David IbbetsonThis collection of papers from the Twentieth British Legal History Conference explores the relationship between substantive law and the way in which it actually worked. Instead of looking at what the courts said they were doing, it is concerned more with the reality of what was happening. To that end, the authors use a wide range of sources, from court records to merchants' diaries and lawyers' letters. The way in which the sources are used reflects the possibilities of legal historical research which are opening up in the twenty-first century, as large databases and digitised images – and even online auction sites – make it a practical possibility to do work at a level which was almost unthinkable only a short time ago.