This volume offers a critical analysis and illustration of the challenges and promises of 'stateless' law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the 'transnational challenge' posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.

This volume investigates advances in the field of legal translation both from a theoretical and practical perspective, with professional and academic insights from leading experts in the field. Part I of the collection focuses on the exploration of legal translatability from a theoretical angle. Covering fundamental issues such as equivalence in legal translation, approaches to legal translation and the interaction between judicial interpretation and legal translation, the authors offer contributions from philosophical, rhetorical, terminological and lexicographical perspectives. Part II focuses on the analysis of legal translation from a practical perspective among different jurisdictions such as China, the EU and Japan, offering multiple and pluralistic viewpoints. This book presents a collection of studies in legal translation which not only provide the latest international research findings among academics and practitioners, but also furnish us with a new approach to, and new insights into, the phenomena and nature of legal translation and legal transfer. The collection provides an invaluable reference for researchers, practitioners, academics and students specialising in law and legal translation, philosophy, sociology, linguistics and semiotics.

This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.

Administrative litigation systems are a rapidly developing legal field in many countries. This book provides a comparative study of the administrative litigation systems in China, Hong Kong, Taiwan and Macao, as well as a number of selected European countries that covers both states with an advanced rule of law and new democracies. Despite the different historical backgrounds and the broader context which has cultivated each individual system, this collective work illustrates the common characteristics of the rapid development of administrative litigation systems since the 1990s as a consequence of the advancement of the rule of law at a global level. All of the contributors have addressed a wide array of key issues in their particular jurisdiction, including court jurisdiction, the scope of judicial review, grounds of litigation claims and mediation in judicial process. Whilst pointing out the shortcomings and challenges which are faced by each jurisdiction, the book offers both ideas and inspiration on how the systems can learn from, and influence each other. This book is essential reading for those studying Chinese law, administrative litigation and comparative law, as well as judges and lawyers specialising in administrative litigation, and administrative courts.

In the world of law enforcement art and antiquity crime has in the past usually assumed a place of low interest and priority. That situation has now slowly begun to change on both the local and international level as criminals, encouraged in part by the record sums now being paid for art treasures, are now seeking to exploit the art market more systematically by means of theft, fraud and looting. In this collection academics and practitioners from Australasia, Europe and North America combine to examine the challenges presented to the criminal justice system by these developments. Best practice methods of detecting, investigating, prosecuting and preventing such crimes are explored. This book will be of interest and use to academics and practitioners alike in the areas of law, crime and justice.

Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world's legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.

In considering diffusion from a global perspective, this book provides timely new insights into its application in a variety of fields and at many levels of both legal and non-legal orderings. This collection contributes to the wider theoretical debate concerning the movement of law and legal norms by engaging with concrete examples of legal diffusion, in jurisdictions as diverse as Albania, the Czech Republic, Poland and Kuwait. These examples, taken together, provide a comprehensive illustration of the theoretical debates concerning the diffusion of laws and norms in terms of both process and form. This international, multi-disciplinary and multi-methodological volume brings together scholars from law and social science with experience in mixed and hybrid jurisdictions, and advances the conversation about legal and normative diffusion across the academy. It represents a robust challenge to many preconceived ideas about legal movement and, as such, will be of interest to academics and students working in the fields of Law, Sociology, Anthropology, Political Science, Legal Education and comparative method.

This book provides an unprecedented portrayal of a lively shari'a court in contemporary West Jerusalem, which belongs to the Israeli legal system but serves Palestinian residents of the eastern part of the city. It draws a rich picture of an intriguing institution, operating in an environment marked by legal pluralism and by exceptional political and cultural tensions. The book suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population. Based on participant observations in the studied court as well as on textual and legal analyses of court cases and rulings, the study combines history and ethnography, diachronic and synchronic perspectives, and examines broad, macro-political processes as well as micro-level interactions. The book offers fresh perspectives on the phenomenon of legal pluralism, on shari'a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The work is a valuable resource for academics and researchers working in the areas of Legal Pluralism, Islamic Law, and socio-legal history of the Middle East.

Offering carefully curated articles from the European Association of Psychology and Law (EAPL), this book features chapters from a truly international group of scholars. This text is the first of its kind to offer insights into current developments in psychology and law in Russia. The field of psychology and law has a very long and strong tradition in Russia, but very little is known, as Russian scholars rarely publish their works in English. The volume also contains state-of-the-art chapters on topics at the very core of psychology and law, including offender profiling, lie detection, crime linking, false memories, and witness interviewing. Features Provides rare insight into Russian history of forensic and criminal psychology Covers core topics in the discipline Offers international scope from a diverse array of contributors Psychology and Law in Europe: When West Meets East is a text of interest for students of psychology, law, or criminal justice, as well as scholars and practitioners in the field. This text offers a window into global advances in psychology and law.

This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers", Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international". This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others - an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

Economists advise that the law should seek efficiency. More recently, it has been suggested that common law systems are more conducive of economic growth than code-based civil law systems. This book argues that there is no theory to support such statements and provides evidence that rejects a 'one-size-fits-all' approach. Both common law and civil law systems are reviewed to debunk the relationship between the efficiency of the common law hypothesis and the alleged inferiority of codified law systems. Legal Origins and the Efficiency Dilemma has six aims: explaining the efficiency hypothesis of the common law since Posner's 1973 book; summarizing the legal origins theory in the context of economic growth; debunking their relationship; discussing the meaning of 'common law' and the problems with the efficiency hypothesis by comparing laws across English speaking jurisdictions; illustrating the shortcomings of the legal origins theory with a comparative law and economics analysis; and concluding there is no theory and evidence to support the economic superiority of common law systems. Based on previous pieces by the authors, this book expands their work by including new areas of analysis (such as trusts), detailing previous analysis (such as French law versus common law in the areas of contract, property and torts), and updating for recent developments in the academic discourse. This volume is of interest to academics and students who study microeconomics, comparative law and foundations of law, as well as legal policy analysts.

This book analyzes and discusses the sovereignty of the Nansha Islands, combining legal and historical perspectives, traditional international law theories, and empirical studies based on an extensive body of historical maps from around the globe to do so. Ultimately, the book argues that China has sovereignty over the Nansha Islands and the surrounding waters, either on the basis of historical claims or modern realities. In recent years, the Nansha disputes have attracted considerable attention. Far from being resolved, they have instead become even more heated. The only reasonable way to solve the problem, as argued here, is on the basis of relevant history and legislation. Addressing this highly topical issue, the book also provides an English-speaking audience with access to essential content on the sovereignty, history, and legislation concerning the Nansha Islands.

This book examines how businesses manage their labour systems, and particularly how they manage the complex interaction of factors which give rise to instances of 'partnership' style relations between businesses and their employees. The book draws from the literature concerning 'Varieties of Capitalism' (VoC) and the different institutional and regulatory designs inherent in different types of political economy. The book is informed by a new and extensive set of empirical data from Australia that examines the activities of national and multinational business corporations, their outlooks and relationships with stakeholders, and relates these to new and evolving theoretical frameworks based in political economy and law. The book places the Australian regulatory model within this international debate, and assesses the extent to which the system does or does not fit into the general categorisation created in the VoC literature.

Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.

This volume examines the development of refugee law and policy in Japan. The book discusses systemic weaknesses and compares the evolution of law in other states to highlight problems in Japan's refugee determination system. Ultimately, the book calls for Japan to reform failing systems and take innovative action towards refugee protection.

This book is one of the first to document the challenges and opportunities facing the Hong Kong police force following the reversion of political authority from the UK to China in 1997. Thematically organized and oriented towards those issues of greatest concern to the public, such as police accountability, assaults on police, police deployment, surveillance powers, and policing across borders, it provides a detailed discussion of these and other contemporary issues. The opening chapter sets the work within historical context while the final chapter provides a comparison of policing in Hong Kong with public security in the PRC. The book will be of value to students and researchers working in the area of comparative policing, and comparative criminal justice, as well as police professionals, and policy-makers.

Examining the on-going dilemma of the management of diversity in Turkey from a historical and legal perspective, this book argues that the state's failure to accommodate ethno-religious diversity is attributable to the founding philosophy of Turkish nationalism and its heavy penetration into the socio-political and legal fibre of the country. It examines the articulation and influence of the founding principle in law and in the higher courts' jurisprudence in relation to the concepts of nation, citizenship, and minorities. In so doing, it adopts a sceptical approach to the claim that Turkey has a civic nationalist state, not least on the grounds that the legal system is generously littered by references to the Turkish ethnie and to Sunni Islam. Also arguing that the nationalist stance of the Turkish state and legal system has created a legal discourse which is at odds with the justification of minority protection given in international law, this book demonstrates that a reconstruction of the founding philosophy of the state and the legal system is necessary, without which any solution to the dilemmas of managing diversity would be inadequate. Adopting an interdisciplinary approach, this timely book will interest those engaged in the fields of Middle Eastern, Islamic, Ottoman and Turkish studies, as well as those working on human rights and international law and nationalism.

Cultural Difference on Trial: The Nature and Limits of Judicial Understanding comprises a sustained philosophical exploration of the capacity of the modern liberal democratic legal system to understand the thought and practice of those culturally different minorities who come before it as claimants, defendants or witnesses. Exploring this issue from within the tradition of contemporary analytical and naturalistic philosophy and drawing upon recent developments in the philosophy of mind and language, this volume is informed by a sound academic and practical grasp of the workings of the legal system itself. Systematically analysing the nature and limits of a judge's ability to understand culturally different thought and action over the course of a trial, this volume is essential reading for anyone interested in the workings of the modern legal system.

How federalism can be used to provide recognition and accommodate ethnic groups is an important topic, not only in Africa, but in multi-ethnic communities around the world. Examining how institutions of multi-ethnic states have been designed to accommodate ethnic diversity while at the same time maintaining national unity, this book locates institutional responses to the challenges of ethnic diversity within the context of a federal arrangement. It examines how a federal arrangement has been used to reconcile the conflicting pressures of the demand for the recognition of distinctive identities, on the one hand, and the promotion of political and territorial integrity, on the other. Comparative case studies of South Africa and Ethiopia as the two federal systems provide a contrasting approach to issues of ethnic diversity. Suggesting new ways in which federalism might work, the author identifies key institutions lessons which will help to build an all-inclusive society.

How have national identities changed, developed and reacted in the wake of transition from communism to democracy in Central and Eastern Europe? Central and Eastern Europe After Transition defines and examines new autonomous differences adopted at the state and the supranational level in the post-transitional phase of the post-Communist area, and considers their impact on constitutions, democracy and legal culture. With representative contributions from older and newer EU members, the book provides a broad set of cultural points for reference. Its comparative and interdisciplinary approach includes a useful selection of bibliographical resources specifically devoted to the Central Eastern European countries' transitions.

This book approaches law as a process embedded in transnational personal, religious, communicative and economic relationships that mediate between international, national and local practices, norms and values. It uses the concept "living law" to describe the multiplicity of norms manifest in transnational moral, social or economic practices that transgress the territorial and legal boundaries of the nation-state. Focusing on transnational legal encounters located in family life, diasporic religious institutions and media events in countries like Norway, Sweden, Britain and Scotland, it demonstrates the multiple challenges that accelerated mobility and increased cultural and normative diversity is posing for Northern European law. For in this part of the world, as elsewhere, national law is challenged by a mixture of expanding human rights obligations and unprecedented cultural and normative pluralism enhanced by expanding global communication and market relations. As a consequence, transnationalization of law appears to create homogeneity, fragmentation and ambiguity, expanding space for some actors while silencing others. Through the lens of a variety of important contemporary subjects, the authors thus engage with the nature of power and how it is accommodated, ignored or resisted by various actors when transnational practices encounter national and local law.

This book examines the role and impact of EU, international human rights and refugee law on national laws and policies for integration and argues for a broad understanding of the relationship between integration and the law. It analyses the legal foundations of integration at the international and regional levels and examines the interaction of national, EU and international legal spheres, highlighting the significance of these dimensions of the relationship between integration and the law. The book draws together these central themes to enhance our understanding of the connections between integration and the law. It also makes specific recommendations for the development of holistic, human-rights based approaches to integration in EU Member States. The book will be of value to academics and researchers working in the areas of immigration, and refugee law, as well as those interested in cultural diversity both from a legal and sociological perspective.

It is increasingly held that international commercial arbitration is becoming colonized by litigation. This book addresses, in a range of ways and from various locations and sites, those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice. The chapters offer multiple perspectives on the major issues in play, highlighting challenges facing the institution of arbitration, and identifying opportunities available for its development as an institution. The evidence of arbitration practice presented is set against the background of practitioner perceptions and experience from more than 20 countries. The volume will serve as a useful resource for all scholars and practitioners interested in the institution of arbitration and its professional practices.

With contributions by recognised experts in the field of education law, this book is a comparative study of the resolution of special education disputes, including via mediation. It analyses the varying approaches in England, Scotland, the US and the Netherlands and addresses major questions of dispute resolution, redress, judicial and non-judicial approaches and the protection of citizens' rights. The first review of mediation in citizen v. state disputes outside the context of the courts, this topical book also incorporates findings from a recent ESRC study into dispute resolution in special educational needs cases. It will not only be of interest to those concerned with education issues but also those interested in administrative justice, especially the role of mediation generally

What role does linguistic diversity play in European democratic and legal processes? Is it an obstacle to deliberative democracy and a hindrance to legal certainty, or a cultural and economic asset and a prerequisite for the free movement of citizens? This book examines the tensions and contradictions of European language laws and policy from a multi-disciplinary perspective. With contributions from leading researchers in EU law and legal theory, political science, sociology, sociolinguistic and cognitive linguistics, it combines mutually exclusive and competing perspectives of linguistic diversity. The work will be a valuable resource for academics and researchers in the areas of European law, legal theory and linguistics.