The term judicial opinion can be a misnomer as rarely are judges' true feelings on legal issues and the work they do made available to the public. Judges are constrained when writing decisions to follow the law and leave personal commentary aside. Through a series of revealing interviews, this book gathers empirical data from judges and justices from different legal systems to provide a scintillating look at how they view their jobs and cope with difficult legal matters. Interviews are conducted according to strict guidelines with a standardized format for consistency. Each chapter begins by describing the region and its style of judicial governance. This is followed by an interview with a judge or justice in the particular jurisdiction. They discuss their careers, personal judicial philosophies, the problems and successes they've experienced, and how theory influences practice in their jurisdiction. Many also discuss transnational relations and several chapters include glossaries that explain unfamiliar terms and acronyms. Each chapter concludes with the interviewer's assessment and observations. This structure allows readers to easily compare the views of judges and to see the similarities, the differences, and the uniqueness of the different legal models and systems. Trends in the Judiciary: Interviews with Judges Across the Globe, Volume Two is the seventh publication in the Interviews with Global Leaders in Policing, Courts, and Prisons series. The broad-based coverage of varying viewpoints in this text encourages a great breadth of understanding of global justice.

Cesare Beccaria's slim 1764 volume On Crimes and Punishments influenced policy developments worldwide and over decades, if not centuries, after its publication. For those who turn to Beccaria's work today, the encounter is shaped by that knowledge. Appreciative of On Crimes and Punishments' dual nature as historical document and repository of ideas, the contributions in this collection address different aspects of the criminal justice theory Beccaria offered his readers and face up to methodological questions raised by meeting a historical text of this kind - unsystematic and by modern standards often under-argued - with modern scholarly conventions in mind. Contributions in the first part of the book engage with Beccaria's political theory of criminal justice through the lenses of political and penal philosophy, considering how Beccaria's blending of social-contractarian foundations and proto-utilitarian policy analysis interlinks with the concrete set of criminal justice practices Beccaria presents as justified. This leads on to the second part where contributors approach Beccaria's ideas with present-day reforms and developments in mind. Many of his policy proposals and arguments remain significant from our contemporary perspective, their limitations and omissions proving as instructive for the contemporary scholar as their more prescient elements. The third part offers those looking at Beccaria's work today a glimpse into the practical difficulties facing the firebrand author turned public servant during his long career in the Habsburg-Lombardian administration. It puts his work into the broader context of pathways to criminal justice reform in northern Italy, Habsburgian Lombardy, and the Austro-Hungarian Empire in Beccaria's day.

This book provides the first systematic analysis of new Asian regionalism as a paradigm shift in international economic law. It argues that new Asian regionalism has emerged amid the Third Regionalism and contributed to the New Regional Economic Order, which reinvigorates the role of developing countries in shaping international trade norms. To substantiate the claims, the book introduces theoretical debates and evaluates major regional economic initiatives and institutions, including the ASEAN+6 framework, APEC, the CPTPP and the RCEP. It also sheds light on legal issues involving the US-China trade war and the COVID-19 pandemic, as well as trade policies of Asian powers, the European Union and the United States. Hence, the legal analysis and case studies offer a fresh perspective of Asian integration and bridge the gap between academia and practice.

It has been over 50 years since the beginning of the Israeli occupation of the Palestinian Territories. It is estimated that there are over 600,000 Israeli settlers living in the West Bank and East Jerusalem, and they are supported, protected, and maintained by the Israeli state. This book discusses whether international criminal law could apply to those responsible for allowing and promoting this growth, and examines what this application would reveal about the operation of international criminal law. It provides a comprehensive analysis of how the Rome Statute of the International Criminal Court could apply to the settlements in the West Bank through a close examination of the potential operation of two relevant Statute crimes: first, the war crime of transfer of population; and second, the war crime of unlawful appropriation of property. It also addresses the threshold question of whether the law of occupation applies to the West Bank, and how the principles of individual criminal responsibility might operate in this context. It explores the relevance and coherence of the legal arguments relied on by Israel in defence of the legality of the settlements and considers how these arguments might apply in the context of the Rome Statute. The work also has wider aims, raising questions about the Rome Statute's capacity to meet its aim of establishing a coherent and legally effective system of international criminal justice.

Governance is a much wider concept than government and administration as traditionally understood. The tasks facing the public sector have altered with the development of New Public Management (NPM), the purchaser/provider divide, the move to best value, regardless of the delivery mechanism, contracting out, partnerships, devolved politics and globalization.

This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs' point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China's behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.

This title was first published in 2001. After languishing for decades in the domains of rigid doctrinalism and confusing theory, the conflict of laws is increasingly being recognized as an important area of law to a global community. To demonstrate its importance, Michael Whincop and Mary Keyes transcend the divide between the English pragmatic tradition and the circularity of American policy-based theory. They argue that the law governing multistage conflicts can minimize the social costs of litigation, increase the extent of co-ordination, facilitate private ordering and limit regulatory monopolies and cross-border spillovers. Pragmatic in outlook and economic in methodology, they pursue these themes across a broad range of doctrinal issues and offer valuable links to parallel analyses in domestic contexts.

This title was first published in 2001. The global legal landscape is littered with attempts to provide context and meaning for sexual harassment law. Most have failed because they have limited themselves to the mere words of law. This cross-national study is the first to expand our notion of sexual harassment law and implementation by exposing the relationship between law and its social context, demonstrating how this fundamentally influences legal understandings and outcomes. Taking a unique theoretical approach, this book explores perceptions of law within national, corporate and the individual contexts, analyzing the potentials of each level to influence the social understanding of law and the wider role of law in society itself. The result is a pioneering work of fresh insight which will appeal to a broad range of academic disciplines.

This book provides a comparative and accessible analysis of key areas of healthcare law, comparing English law with selected common and civil law jurisdictions within a framework of law and medical ethics, and encompassing pivotal cases, codes and legislation. The introduction examines medical decision making, and legal and ethical frameworks in Western and non-Western cultures. Part I examines healthcare law in England and Wales, including abortion, consent, confidentiality, children, euthanasia, persistent vegetative state patients, organ transplantation, sterilisation of the mentally incapacitated, surrogacy, UK cloning proposals and the landmark conjoined twins case. Part II covers non-English common law jurisdictions such as Australia, New Zealand, Ireland and certain American jurisdictions. Civil law examples focus on France and Germany, and, where appropriate, Scandinavian countries. International perspectives on abortion laws and euthanasia are also provided. The book concludes with a comparative overview, which highlights common healthcare themes across various jurisdictions. Comparative Healthcare Law brings together information never previously accessible within the covers of one volume, making this unique book indispensable for scholars and practitioners in the field of healthcare law.

This book provides an original and critical analysis of the most contentious subjects being negotiated in the China-EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European perspectives in the context of the China-EU CAI and beyond. The book is divided into three parts. Part I examines key and controversial issues of the China-EU CAI negotiations, including market access, sustainable development and human rights, as well as comparing distinct features between the China-EU CAI and the China-US BIT. Part II concentrates on the institutional reform of investor-state arbitration with an extensive analysis of the EU's approach to replacing the private nature of investment arbitration with the public nature of an investment court. Part III addresses the core substantive and procedural issues concerning ISDS, such as the role of domestic courts in investment dispute settlement, the status of state-owned enterprises (SOEs) as investors, transparency and the protection of victims in investment dispute resolution. This book will be of interest to scholars and practitioners in the field of international investment and trade law, particularly investment dispute settlement.

This book arises from a research project funded in Australia by the Criminology Research Council. The topic, bail reform, has attracted attention from criminologists and law reformers over many years. In the USA, a reform movement has argued that risk analysis and pre-trial services should replace the bail bond system (the state of California may introduce this system in 2020). In the United Kingdom, Europe and Australia, there have been concerns about tough bail laws that have contributed to a rise in imprisonment rates. The approach in this book is distinctive. The inter-disciplinary authors include criminologists, an academic lawyer and a forensic psychologist together with qualitative researchers with backgrounds in sociology and anthropology. The book advances a policy argument through presenting descriptive statistics, interviews with practitioners and detailed accounts of bail applications and their outcomes. There is discussion of methodological issues throughout the book, including the challenges of obtaining data from the courts.

The economic and geopolitical implications of China's rise have been the subject of vast commentary. However, the institutional implications of China's transformative development under state capitalism have not been examined extensively and comprehensively. Regulating the Visible Hand? The Institutional Implications of Chinese State Capitalism examines the domestic and global consequences of Chinese state capitalism, focusing on the impact of state-owned enterprises on regulation and policy, while placing China's variety of state capitalism in comparative perspective. It first examines the domestic governance of Chinese state capitalism, looking at institutional design and regulatory policy in areas ranging from the environment and antitrust to corporate law and taxation. It then analyses the global consequences for the regulation of trade, investment and finance. Contributors address such questions as: What are the implications of state capitalism for China's domestic institutional trajectory? What are the global implications of Chinese state capitalism? What can be learned from a comparative analysis of state capitalism?

* Presents a novel approach to the study of legal change;

Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, five further chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.

Contents:
Preface I. Comparing Islam and Judaism in Particular. A. Why Compare Religions and Why Compare their Laws? B. The Nonotheist Religions, Judaism, Christianity, Islam C. Which Judaism, Which Islam, and Why? D. Category Formations: Comparing Incomparables 1. Shared Structure 2. Shared Disproportionate Categories a. Where They Say Much the Same Thing about the Same Topic b. Where They Say Different Things about the Same Topic 3. Unique Categories: Areas Where They Do Not Intersect
II. The Authoritative Documents of Judaism and Islam A. Where Do We Look for the Law? B. The Written Torah and the Oral Torah: Scripture, the Mishnah and the Talmuds 1. Scripture: The Written Torah 2. Mishnah: The Oral Torah 3. The Talmuds C. Islamic Counterparts 1. Scripture: The Qur'an 2. Tradition: The Sunna 3. Fiqh D. Conclusions
III. The Intellectual Sources of the Law A. How Do the Authorities of the Law Reason? B. Islam: Consensus, Reasoning, Exceptions 1. Consensus (Ijma') 2. Reasoning (ijtihad) 3. Exceptions C. Judaic Counterparts: Exegesis, Logic, Argument, Dialectics 1. Exegesis: Midrash Halakhah 2. The Mishnah's Applied Logic of Hierarchical Classification 3. The Argument of Analogy and Contrast 4. The Talmud's Dialectics D. Conclusions
IV. The Working of the Law: Institutions A. Institutional Authority B. The Israelite Court in the Legal Narrative of Islam 1. Legitimacy 2. Courts' Jurisdiction 3. Evidence 4. Punishments D. Conclusions
V. The Working of the Law: Personnel A. Bases of Authority B. Islam 1. Legal Scholars (Fuqaha') 2. Judges 3. Muftis C.Judaism: The sage D. Conclusions
VI. Disproportions A. Temple Law and Sacrifice 1. Temple Law and Sacrifice in Judaism 2. Sacrifice in Islam B. Slave Laws in Islam and Judaism 1. Slave Laws in Islam 2. Slave Laws in Judaism C. Sacred Time/Sabbath in Judaism and Sacred Time/Pilgrimage Islam 1. Judaism: Sacred Time/Sabbath 2. Islam: Sacred Time/Pilgrimage D. Conclusions
VII. Unique Categories A. The Unique Category B. Enlandisement (Judaism) C. Jihad (Islam) D. The Sage and Torah Study in Judaism E. Khilafah and the Legal Scholars in Islam F. History, Time, and Paradigm in Judaism G. History in Islam
VIII. Epilogue A. Comparisons Up Close B. Judaism and Islam: Comparisons in the Context of World Religions
Index

Comparing Religions Through Law offers a ground- breaking study which compares these two religions through shared dominant structures. In the case of Judaism and Islam the dominant structure is law.
Comparing Religions Through Law presents an innovative and sometimes controversial study of the comparisons and contrasts between the two religions and offers an example of how comparative religious studies can provide grounds for mutual understanding.

First published in 1999, this book focuses on the new role of private law in late modernity. It analyses the pressures for changes in this area of law due to the present processes of privatisation and marketisation. The perspective is welfarist: in what ways and to what extent can the welfare state expectations of the citizens be defended through private law mechanisms when state-offered security is diminishing? Which alternatives are available when developing private law? The questions are discussed against the background of theories concerning important features of late modern society, for example consumerism, risk, information, globalisation and fragmentation. Several fields of private law are analysed, such as private law theory, tort and liability law, contract law and credit law as well as access to justice issues. The approach is comparative, including analyses of both common law and continental law.

It is often asserted that 'A family that prays together, stays together'. But what if a child no longer wishes to pray? This book analyses the law in relation to situations where parents force their children to manifest the parental religion. From thorough examination of international law it argues that, unlike what is generally believed, the human rights regime does not grant parents a right to impose manifestations of their religion on their children. Instead, the author proposes to regard coerced manifestations as a limitation on children's right to freedom of manifestation, based on national laws that give parents rights at the domestic level under principles such as parental responsibility. The book focuses on two aspects of States' positive obligations in this regard. First, the obligation to provide a regulatory framework that can protect children's right to freedom of manifestation, and restricts limitations to those that are proportionate or 'necessary in a democratic society'. Second, to provide access to remedies, which it is argued should consist of access to a family-friendly infrastructure for dispute resolution available to parents and children in conflict over religious manifestation. Both depend heavily on the way States balance power between parents and children at the national level. The book includes three case studies and social research of jurisdictions that offer different perspectives under the principles of parental authority (France), parental responsibility (England) and parental rights (Hong Kong).

First published in 1998, this volume contains essays from leading thinkers on both sides of the Atlantic on the relationship between law and science. Science plays an ever-increasing part in the development of legislation and the adjudication of cases. Its limitations and its value are explored in these essays which discuss issues of methodology and of evidence. Amongst areas covered are silicone breast implants, the rape trauma syndrome, the environment, inventions and Bayesianism.

The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an array of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended though the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.

Transnational tendencies have led to a pluralistic legal environment in which emerging and established legal actors, regulatory levels and types of legal norms co-exist, compete and interact in complex ways. This challenges and changes not only how legal norms are created, applied and enforced but also when these actors, norms and processes are considered legitimate. The book investigates how states and non-state actors interact in transnational settings and pays attention to the understudied question of what effect transnational tendencies have on the legitimacy of legal actors, norms and processes. It seeks to confront three fundamental questions: Has legitimacy significantly changed? Who creates norms and with which consequences for legal procedures and norms? The book considers the question of legitimacy from a broad range of legal perspectives, including environmental law, human rights law and commercial law. It maps out the contours of legitimacy today with an emphasis on the reactions of central actors like states and courts to transnational tendencies. The book thereby provides a conceptually powerful structure within which to further debate the complexity of transnational tendencies in law and proposes innovative approaches to problem solving while designing pathways for further reflection on the development of law in a transnational context.

Industrial consolidation, digital platforms, and changing political views have spurred debate about the interplay between public and private power in the United States and have created a bipartisan appetite for potential antitrust reform that would mark the most profound shift in US competition policy in the past half-century. While neo-Brandeisians call for a reawakening of antitrust in the form of a return to structuralism and a concomitant rejection of economic analysis founded on competitive effects, proponents of the status quo look on this state of affairs with alarm. Scrutinizing the latest evidence, Alan J. Devlin finds a middle ground. US antitrust laws warrant revision, he argues, but with far more nuance than current debates suggest. He offers a new vision of antitrust reform, achieved by refining our enforcement policies and jettisoning an unwarranted obsession with minimizing errors of economic analysis.

This book is the third in a series of essay collections on defences in private law. It addresses defences to liability arising in contract. The essays range from those adopting a predominantly black-letter approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while others are concerned with the links between defences, or with how defences relate to the structure of contract law generally. One goal of the book is to determine what light can be shed on contract law doctrines by analysing them through the lens of defences. The contributors - judges and academics - are all leading jurists. The essays are addressed to all of the major common law jurisdictions.

This book contains a series of essays discussing the uses of precedent as a source of law and a basis for legal arguments in nine different legal systems, representing a variety of legal traditions. Precedent is fundamental to law, yet theoretical and ideological as well as legal considerations lead to its being differently handled and rationalised in different places. Out of the comparative study come the six theoretical and synoptic essays that conclude the volume.

How far do contemporary English and German judges go when they interpret national legislation? Where are the limits of statutory interpretation when they venture outside the constraints of the text?Judicial Law-making in English and German Courts is concerned with the limits of judicial power in a legal system. It addresses the often neglected relationship between statutory interpretation and constitutional law. It traces the practical implications of constitutional principles by exploring the outer limits of what courts regard themselves as authorised to do in the area of statutory interpretation. The book critically analyses, reconstructs and compares judicial law-making in English and German courts from comparative, methodological and constitutional perspectives. It maps the differences and commonalities in both jurisdictions and then offers explanatory accounts for these differences and similarities based on constitutional, institutional, political, historical, cultural and international factors.It will be shown that a fundamental unity of statutory interpretation exists in English and German judicial practice in the sphere of rights-consistent and EU-conforming judicial law-making. The constitutional settings and legal cultures in Germany and the UK have converged in both areas of judicial law-making. However, that is not the case for judicial law-making under conventional canons of statutory interpretation, where significant differences in judicial approach to statutory interpretation remain.Judicial Law-making in English and German Courts is the first monograph in English that compares English and German legal methodology as applied in judicial practice, appealing to those interested in statutory interpretation, comparative law or legal methodology.