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The Rule of Law and the Measure of Property
by Jeremy WaldronWhen property rights and environmental legislation clash, what side should the Rule of Law weigh in on? It is from this point that Jeremy Waldron explores the Rule of Law both from an historical perspective - considering the property theory of John Locke - and from the perspective of modern legal controversies. This critical and direct account of the relation between the Rule of Law and the protection of private property criticizes the view - associated with the 'World Bank model' of investor expectations - that a society which fails to protect property rights against legislative restriction is failing to support the Rule of Law. In this book, developed from the 2011 Hamlyn Lectures, Waldron rejects the idea that the Rule of Law privileges property rights over other forms of law and argues instead that the Rule of Law should endorse and applaud the use of legislation to achieve valid social objectives.
The Rule of Law and the Separation of Powers (The\international Library Of Essays In Law And Legal Theory (second Series) Ser. #2)
by Richard BellamyThe rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.
The Rule of Law in Afghanistan: Missing in Inaction
by Whit MasonHow, despite the enormous investment of blood and treasure, has the West's ten-year intervention left Afghanistan so lawless and insecure? The answer is more insidious than any conspiracy, for it begins with a profound lack of understanding of the rule of law, the very thing that most dramatically separates Western societies from the benighted ones in which they increasingly intervene. This volume of essays argues that the rule of law is not a set of institutions that can be exported lock, stock and barrel to lawless lands, but a state of affairs under which ordinary people and officials of the state itself feel it makes sense to act within the law. Where such a state of affairs is absent, as in Afghanistan today, brute force, not law, will continue to rule.
The Rule of Law in Central Europe: The Reconstruction of Legality, Constitutionalism and Civil Society in the Post-Communist Countries (Routledge Revivals)
by James Young Jiri PribánFirst published in 1999, this volume is a series of essays on the countries of Central Europe. The essays explore the post-1989 establishment of the rule of law and civil society. It brings together analysis and perceptions from social scientists, political scientists and lawyers, seeking through particular issues to explore the similarities and differences between different countries. While other books have explored the changes in former Soviet Block countries since 1989, the book’s distinctiveness lies in three qualities: its concentration on Central Europe a concept explored in the book; giving fuller attention to the Czech Republic and Slovakia than other post-communist studies often do; providing perceptions of scholars from different disciplines.
The Rule of Law in Comparative Perspective
by Mortimer Sellers Tadeusz TomaszewskiThis new volume on The Rule of Law in Comparative Perspective compares the different conceptions of the rule of law that have developed in different legal cultures. Lawyers and legal scholars from various legal systems describe the social purposes and practical applications of the rule of law, and how it might be improved in the varied circumstances of their own courts and politics. This book will be of interest to lawyers, judges, public officials, and to all those wishing to improve the fundamental structures of their own legal systems, by bringing equal justice to every person subject to the power of the state.
The Rule of Law in Crisis and Conflict Grey Zones: Regulating the Use of Force in a Global Information Environment
by Michael John-HopkinsThis book responds to ongoing calls for clarification and consensus regarding the meaning, scope and interplay of humanitarian law and human rights law in the ‘grey zones’ of unconventional operational environments such as counterterrorism and counterinsurgency operations. It contributes to the debate in this area by developing objective criteria for determining where the shift from the legal framework of law enforcement to that of non-international armed conflict occurs in relation to targeting law and weaponry law; by developing improved objective criteria for determining what constitutes direct participation in hostilities and de facto membership in an organised armed group; by taking stock of how existing targeting and weaponry rules are being applied to unconventional conflicts within civilian populated areas by key state players as well as by international and regional human rights mechanisms; by arguing for the progressive realisation of targeting and weaponry law so that they are more fitting for operational environments that are increasingly urbanised and civilianised; by seeking to understand how global networked connectivity may affect our understanding of the operational theatre of war and the geographical reach of the legal framework of non-international armed conflict.
The Rule of Law in Cyberspace (Law, Governance and Technology Series #49)
by Thomas Vesting Carlos Blanco de Morais Gilmar Ferreira MendesThe rule of law in cyberspace currently faces serious challenges. From the democratic system to the exercise of fundamental rights, the Internet has raised a host of new issues for classic legal institutions. This book provides a valuable contribution to the fields of international, constitutional and administrative law scholarship as the three interact in cyberspace.The respective chapters cover topics such as the notion of digital states and digital sovereignty, jurisdiction over the Internet, e-government, and artificial intelligence. The authors are eminent scholars and international experts with a profound knowledge of these topics. Particular attention is paid to the areas of digital democracy, digital media and regulation of the digital world.The approach employed is based on a comparative perspective from Germany, the Netherlands, Italy, Portugal and Brazil. One particular focus is on how various legal systems are coping with increasing difficulties in the exercise of democracy with regard to disinformation and hate speech. The roles of legislators, the judicial system and public administrations are analysed in the light of the latest cases, conflicts and technologies.In addition to this comparative approach, the book explores the evolution of rule of law in cyberspace and the upcoming new legal regimes in the European Union and Brazil. Special care is taken to offer a critical review of both the literature and the latest legal solutions adopted and being considered regarding the regulation of cyberspace from a constitutional and administrative perspective.Given its scope, the book will be of interest to researchers and scholars in the field of digital law whose work involves constitutional problems in cyberspace and/or practical problems concerning the regulation of social networks and online commerce.
The Rule of Law in Europe: Recent Challenges and Judicial Responses
by Iulia Motoc María Elósegui Alina MironThis book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term “illiberal democracies” is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also present within the older democracies in which emergency regimes have become more common. As the European Union’s sanctions regime shows, striking a balance between security and the rule of law, of which fundamental rights are an intrinsic part, is a constant challenge. Focusing on the European courts’ responses to these threats, the book discusses how courts could provide the ultimate line of defense. The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government.
The Rule of Law in Monetary Affairs
by Thomas Cottier Thomas Cottier Rosa M. Lastra Christian Tietje Lucía Satragno Rosa M. Lastra Christian Tietje Lucía SatragnoThe global financial crisis and subsequent sovereign debt crisis in Europe demonstrated that the relationship between law and economics in the design of the monetary system must be revisited. International monetary affairs are usually conducted via domestic monetary policies which are formulated by independent central banks and informed mainly by economics, without much room being left to substantive law. Based on the 2012 World Trade Forum, this volume brings together leading scholars, practitioners and policy makers in international economic law in order to examine the potential of law and legal methodology to contribute to international monetary stability. It explores the links between and lessons to be learnt from existing international investment and trading systems and studies some specific policy issues which have a direct impact on monetary affairs, such as exchange rate policy, sovereign debt, taxation, competitiveness, trade imbalances, austerity programmes and human rights.
The Rule of Law in an Era of Change: Responses to Transnational Challenges and Threats (Springer Series on International Justice and Human Rights)
by George J. Andreopoulos Rosemary L. Barberet Mahesh K. NallaThis forward-thinking volume examines the rule of law from a global perspective, in the context of a growing array of transnational challenges and threats As the United Nations (UN) notes, the rule of law constitutes the basis “on which fair and just societies are built.” The contributions to this volume provide insights to several emerging debates about what the rule of law means in the modern era of warfare and of massive and systematic human rights violations that call for robust and transparent accountability mechanisms and processes. The authors of this work examine several controversial topics, including: -The growing use of drones, and the morality of long distance use -The UN Security Council’s evolving counterterrorism policies and practices -Victims’ Rights and the effort to provide meaning and justice to victims and survivors of terrorism - The relationship between the International Criminal Court (ICC) and Truth and Reconciliation Commissions (TRCs) -The effectiveness of the international criminal justice process overall, with an eye to procedural fairness and justice. This timely work will be of interest to researchers in criminal justice, particularly with a focus on counter-terrorism and international justice, as well as international law, human rights, and international studies.
The Rule of Law in the EU: Challenges, Actors and Strategies
by Carlo Ruzza Luisa AntoniolliThis book reflects on the nature of the rule of law in the European Union and the present and future consequences of the attacks that are undermining it. Presenting various case studies, it analyses violations of the rule of law and their impact on the quality of European democracy and on the workings of civil and political society. Written from an interdisciplinary perspective, the book connects legal aspects related to infringements of the rule of law with their political and sociological consequences at both a general and the EU level.The book is divided into three parts. The first focuses on the rule of law in the European context and the threats to democracy posed by its violations. It examines how populist movements and parties utilize the erosion of the checks and balances in liberal democracies to weaken resisting intermediate bodies, such as dissenting civil society groups. The second part concentrates on the political perspectives, which it approaches both in terms of its general features and through a set of case studies related to violations of the rule of law. The third part provides a legal perspective on these issues and examines the impact of the rule of law and its infringement in several areas, impacting both the internal and external dimensions of the EU.
The Rule of Law in the Real World
by Paul GowderIn The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, how they have sustained it in the face of political upheaval, and how it may be measured and developed in the future. The Rule of Law in the Real World is an essential work for scholars, students, policymakers, and anyone else who believes the rule of law is critical to the proper functioning of society.
The Rule of Law in the United Nations Security Council Decision-Making Process: Turning the Focus Inwards (Routledge Research in International Law)
by Sherif ElgebeilyThe UN Security Council is entrusted under the UN Charter with primary responsibility for the maintenance and restoration of the international peace; it is the only body with the power to authorise military intervention legally and impose international sanctions where it decides. However, its decision-making process has hitherto been obscure and allegations of political bias have been made against the Security Council in its responses to potential international threats. Despite the rule of law featuring on the Security Council’s agenda for over a decade and a UN General Assembly declaration in 2012 establishing that the rule of law should apply internally to the UN, the Security Council has yet to formulate or incorporate a rule of law framework that would govern its decision-making process. This book explains the necessity of a rule of law framework for the Security Council before analysing existing literature and UN documents on the domestic and international rule of law in search of concepts suitable for transposition to the arena of the Security Council. It emerges with eight core components, which form a bespoke rule of law framework for the Security Council. Against this framework, the Security Council’s decision-making process since the end of the Cold War is meticulously evaluated, illustrating explicitly where and how the rule of law has been undermined or neglected in its behaviour. Ultimately, the book concludes that the Security Council and other bodies are unwilling or unable adequately to regulate the decision-making process against a suitable rule of law framework, and argues that there exists a need for the external regulation of Council practice and judicial review of its decisions.
The Rule of Law under Pressure: A Transnational Challenge
by Gregory Shaffer Wayne SandholtzThe Rule of Law Under Pressure provides readers with an accessible and richly detailed assessment of recent challenges to the rule of law. The rule of law is closely tied to both democracy and human rights. The erosion of the rule of law, within a rising number of countries and in international relations, places populations under increasingly authoritarian and rights-abusing governments and threatens to destabilize peaceful relations among states. The book brings conceptual clarity to this complex and multidimensional topic and assesses recent trends in the rule of law at both national and international levels. The opening chapter clearly sets out the key concepts and evaluates broad transnational trends in the rule of law. Succeeding chapters assess rule of law developments at the international level and within key countries around the world. This title is also available as Open Access on Cambridge Core.
The Rule of Law: A Novel (Dismas Hardy #18)
by John LescroartIn “master of the legal thriller” (Chicago Sun-Times) John Lescroart’s electrifying new novel, attorney Dismas Hardy is called to defend the least likely suspect of his career: his longtime, trusted assistant who is suddenly being charged as an accessory to murder. <P><P>Dismas Hardy knows something is amiss with his trusted secretary, Phyllis. Her out-of-character behavior and sudden disappearances concern Hardy, especially when he learns that her convict brother—a man who had served twenty-five years in prison for armed robbery and attempted murder—has just been released. <P><P>Things take a shocking turn when Phyllis is suddenly arrested at work for allegedly being an accessory to the murder of Hector Valdez, a coyote who’d been smuggling women into this country from El Salvador and Mexico. That is, until recently, when he was shot to death—on the very same day that Phyllis first disappeared from work. <P><P>The connection between Phyllis, her brother, and Hector’s murder is not something Dismas can easily understand, but if his cherished colleague has any chance of going free, he needs to put all the pieces together—and fast. <P><P>Proving that he is truly “one of the best thriller writers to come down the pike” (USA TODAY), John Lescroart crafts yet another whip-smart, engrossing novel filled with shocking twists and turns that will keep you on your toes until the very last page. <P><b>A New York Times Bestseller</b>
The Rule of Law: Albert Venn Dicey, Victorian Jurist (Studies in Legal History)
by Richard A. CosgroveSo commonplace has the term rule of law become that few recognize its source as Dicey's Introduction to the Study of the Law of the Constitution. Cosgrove examines the life and career of Dicey, the most influential constitutional authority of late Victorian and Edwardian Britain, showing how his critical and intellectual powers were accompanied by a simplicity of character and wit. Dicey's contribution to the history of law is described as is his place in Victorian society.Originally published 1980.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
The Rule of Laws: A 4,000-Year Quest to Order the World
by Fernanda PirieFrom ancient Mesopotamia to today, the epic story of how humans have used laws to forge civilizations Rulers throughout history have used laws to impose order. But laws were not simply instruments of power and social control. They also offered ordinary people a way to express their diverse visions for a better world. In The Rule of Laws, Oxford scholar Fernanda Pirie traces the rise and fall of the sophisticated legal systems underpinning ancient empires and religious traditions, while also showing how common people—tribal assemblies, merchants, farmers—called on laws to define their communities, regulate trade, and build civilizations. Although legal principles originating in Western Europe now seem to dominate the globe, the variety of the world&’s laws has long been almost as great as the variety of its societies. What truly unites human beings, Pirie argues, is our very faith that laws can produce justice, combat oppression, and create order from chaos.
The Rule of Lawyers: How the New Litigation Elite Threatens America's Rule of Law
by Walter K. OlsonBig-ticket litigation is a way of life in this country. But something new is afoot--something typified by the $246 billion tobacco settlement, and by courtroom assaults that have followed against industries ranging from HMOs to gunmakers, from lead paint manufacturers to "factory farms." Each massive class-action suit seeks to invent new law, to ban or tax or regulate something that elected lawmakers had chosen to leave alone. And each time the new process works as intended, the new litigation elite reaps billions in fees--which they invest in fresh rounds of suits, as well as political contributions.The Rule of Lawyers asks: Who picks these lawyers, and who can fire them? Who protects the public's interest when settlements are negotiated behind closed doors? Where are our elected lawmakers in all this? The answers may determine whether we slip from the rule of law to the rule of lawyers.
The Rule of Nobody: Saving America from Dead Laws and Broken Government
by Philip K. HowardThe secret to good government is a question no one in Washington is asking: "What's the right thing to do?" What's wrong in Washington is deeper than you think. Yes, there's gridlock, polarization, and self-dealing. But hidden underneath is something bigger and more destructive. It's a broken governing system. From that comes wasteful government, rising debt, failing schools, expensive health care, and economic hardship. Rules have replaced leadership in America. Bureaucracy, regulation, and outmoded law tie our hands and confine policy choices. Nobody asks, "What's the right thing to do here?" Instead, they wonder, "What does the rule book say?" There's a fatal flaw in America's governing system--trying to decree correctness through rigid laws will never work. Public paralysis is the inevitable result of the steady accretion of detailed rules. America is now run by dead people--by political leaders from the past who enacted mandatory programs that churn ahead regardless of waste, irrelevance, or new priorities. America needs to radically simplify its operating system and give people--officials and citizens alike--the freedom to be practical. Rules can't accomplish our goals. Only humans can get things done. In The Rule of Nobody Philip K. Howard argues for a return to the framers' vision of public law--setting goals and boundaries, not dictating daily choices. This incendiary book explains how America went wrong and offers a guide for how to liberate human ingenuity to meet the challenges of this century.
The Rule of Unwritten International Law: Customary Law, General Principles, and World Order (Routledge Research in International Law)
by Peter G. StaubachThis book seeks to re-appreciate the concept of customary international law as a form of spontaneous societal self-organisation, and to develop the methodological consequences that ensue from this conception for the practice of its application. In pursuing this aim, the author draws from three different strands of scholarship that have not yet been considered in connection with one another: First, general jurisprudential theories of customary law; second, theories of customary international law, especially as they relate to international relations scholarship; and third, methodological approaches to the interpretation of international law. This expansive, philosophical layout of the book enables the author to put the conceptual enigmas of customary international law into a broader perspective. Among the issues discussed in the book are the dichotomy of its traditional and modern forms and the respective benefits and disadvantages of inductive and deductive approaches to its ascertainment. In the course of this analysis, the author draws insights from Friedrich August Hayek’s theory of law as a ‘spontaneous order’, an information-processing device which enables the participants of a legal system to make use of decentralised knowledge. The book argues that the major advantage of custom as a source of international law lies in the fact that it is the result of a gradual process of trial and error, rather than the product of deliberate planning. This makes it a particularly apposite source of law in a time of seismic shifts in the distribution of power within a vastly diverse community of States, when a new global order is expected to emerge, the contours of which are not yet clearly discernible. This book applies general concepts of legal philosophy to explain the continuing relevance of custom as a source of international law while at the same time inferring from this theoretical framework concrete practical and methodological consequences, the most important of which is the special role that purposive interpretation plays with respect to rules of international custom. Given this broad approach, the book will be of interest to several groups of potential readers including academics interested in the philosophy of customary law in general, academic international lawyers and legal practitioners, especially judges, scholars of international relations and all those interested in how the international community of States organises itself.
The Run of His Life: The People v. O. J. Simpson
by Jeffrey ToobinNEW YORK TIMES BESTSELLER • The inspiration for American Crime Story: The People v. O. J. Simpson on FX, starring Cuba Gooding, Jr., John Travolta, David Schwimmer, and Connie Britton The definitive account of the O. J. Simpson trial, The Run of His Life is a prodigious feat of reporting that could have been written only by the foremost legal journalist of our time. First published less than a year after the infamous verdict, Jeffrey Toobin’s nonfiction masterpiece tells the whole story, from the murders of Nicole Brown Simpson and Ronald Goldman to the ruthless gamesmanship behind the scenes of “the trial of the century.” Rich in character, as propulsive as a legal thriller, this enduring narrative continues to shock and fascinate with its candid depiction of the human drama that upended American life.
The Runaway Jury
by John GrishamEvery jury has a leader, and the verdict belongs to him. In Biloxi, Mississippi, a landmark tobacco trial with hundreds of millions of dollars at stake begins routinely, then swerves mysteriously off course. The jury is behaving strangely, and at least one juror is convinced he's being watched. Soon they have to be sequestered. Then a tip from an anonymous young woman suggests she is able to predict the jurors' increasingly odd behaviour. Is the jury somehow being manipulated, or even controlled? If so, by whom? And, more importantly, why?(P)1996 Random House, LLC
The Runaway Jury: A Novel (Penguin Readers Ser.penguin Readers Series)
by John Grisham#1 NEW YORK TIMES BESTSELLER • In &“Grisham&’s most addictive courtroom thriller&” (The Seattle Times), justice is fighting for its life—and the jury is caught in the crossfire of greed and corruption.They are at the center of a multimillion-dollar legal hurricane: twelve men and women who have been investigated, watched, manipulated, and harassed by high-priced lawyers and consultants who will stop at nothing to secure a verdict. Now the jury must make a decision in the most explosive civil trial of the century, a precedent-setting lawsuit against a giant tobacco company. But only a handful of people know the truth: that this jury has a leader, and the verdict belongs to him.He is known only as Juror #2. But he has a name, a past, and he has planned his every move with the help of a beautiful woman on the outside. Now, while a corporate empire hangs in the balance, while a grieving family waits, and while lawyers are plunged into a battle for their careers, the truth about Juror #2 is about to explode.
The Rural Lawyer: How To Incentivize Rural Law Practice and Help Small Communities Thrive
by Hannah HaksgaardThe Rural Lawyer takes a close look at the challenges facing small-town America, where populations are dwindling and aging lawyers are not being replaced by new graduates. With interviews and personal accounts, the book shows how incentive programs can address this access-to-justice crisis. It specifically examines the South Dakota Rural Attorney Recruitment Program, which is the first program of its kind in the US and has seen great success in helping to attract new lawyers to small towns. Chapters also explore the larger context of rural economic development and its relationship to the law. With insightful analysis and real-life examples, The Rural Lawyer provides readers with a deep understanding of the challenges facing rural communities and the role that lawyers can play in helping these areas thrive.
The Russia Hoax: The Illicit Scheme to Clear Hillary Clinton and Frame Donald Trump
by Gregg JarrettFox News legal analyst Gregg Jarrett reveals the real story behind Hillary Clinton’s deep state collaborators in government and exposes their nefarious actions during and after the 2016 election. <P><P>The Russia Hoax reveals how persons within the FBI and Barack Obama’s Justice Department worked improperly to help elect Hillary Clinton and defeat Donald Trump in the 2016 presidential election. <P><P>When this suspected effort failed, those same people appear to have pursued a contrived investigation of President Trump in an attempt to undo the election results and remove him as president. <P><P>The evidence suggests that partisans within the FBI and the Department of Justice, driven by personal animus and a misplaced sense of political righteousness, surreptitiously acted to subvert electoral democracy in our country. <P><P>The book will examine: <P><P>How did Hillary Clinton manage to escape prosecution despite compelling evidence she violated the law? <P><P>Did Peter Strzok, James Comey, Andrew McCabe, Loretta Lynch, and others obstruct justice by protecting Clinton? <P><P>Why was there never a legitimate criminal investigation of Clinton in the Uranium One case?Are the text messages exchanged between Strzok and FBI lawyer Lisa Page evidence of a concerted effort to undermine the electoral process? <P><P>Was there ever any real evidence of "collusion" between Trump and the Russians? <P><P>Did Trump obstruct justice in the firing of Comey or was he legally exercising his constitutional authority? <P><P>Did the FBI and DOJ improperly use a discredited "dossier" about Trump to obtain a FISA warrant to spy on Trump associates? <P><P>Should Muller have disqualified himself under the special counsel law based on glaring conflicts of interest? <P><P>Was fired National Security Adviser Michael Flynn unfairly charged with making a false statement? <P><P>With insightful analysis and a fact-filled narrative, The Russia Hoax delves deeply into Democrat wrongdoing. <P><b>A New York Times Bestseller</b>