Court administrators and judges have long acknowledged that culture plays an important role in the function of trial courts. This text provides a comprehensive framework for understanding this organisational culture, along with a set of steps and tools to assess and measure the current and preferred culture.

Step inside a real-life, missing person investigation in this compelling, true crime must-read.

Uncover what happened to missing estate agent Suzy Lamplugh, as David Videcette takes you on a quest to unpick her mysterious disappearance and scrutinise the shadowy 'Mr Kipper'.

One overcast Monday in July 1986, 25-year-old estate agent Suzy Lamplugh vanished whilst showing a smart London property to a mysterious 'Mr Kipper'. Despite the baffling case dominating the news and one of the largest missing persons cases ever mounted, police failed to find a shred of evidence establishing what had happened to her.

Sixteen years later, following a second investigation and under pressure from Suzy's desperate parents, police named convicted rapist and murderer John Cannan as their prime suspect. However, the Crown Prosecution Service refused to charge him, citing a lack of evidence.

High-profile searches were conducted, yet Suzy's body was never found. The trail that might lead investigators to her, long since lost.

Haunted by another missing person case, investigator and former Scotland Yard detective, David Videcette, has spent five years painstakingly reinvestigating Suzy's cold case disappearance. Through a series of incredible new witness interviews and fresh groundbreaking analysis, he uncovers piece by piece what happened to Suzy and why the case was never solved.

Cardozo examines the meaning of justice, the science of values and the relationship between individual and society. Originally published: New York: Columbia University Press, 1928. v, 142 pp.
His many references in these lectures to Greek philosophy show how great a part his early classical training played in the formation of his ideas; in relating his general principles to the concrete cases which, in his words, he used as a kind of legal litmus paper, he was a true Aristotelian. --ARTHUR L. GOODHART, Five Jewish Lawyers of the Common Law 59-60.
The paradoxes or puzzles of legal science are, in many cases, not peculiar to the law, as Judge Cardozo s discussion impliedly recognizes. In legal controversies there happen to be presented, in formal opposition, the conflicting claims which it is the function of all who work with and for men -- legislators, administrators and judges -- to attempt to adjust in some manner that will result in a minimum of friction in the social order. -- U.S. Law Review 63 (1929):555
BENJAMIN N. CARDOZO 1870 1938] was an associate justice of the Supreme Court and one of the most influential American jurists of the twentieth century. The Paradoxes of Legal Science was published when he was chief judge of the New York Court of Appeals. It is based on his James S. Carpentier Lectures delivered at Columbia University in 1927 1928."

Comparative studies can reveal much about how law is formed out of social reality and political power by exploring these interactions in different national contexts. In this work Mauricio Garcia-Villegas compares ideas about law and society in France and the United States, demonstrating different approaches to sociopolitical legal studies. Using the interdisciplinary tools of the sociology of law, critical legal theory, and sociolegal studies, Garcia-Villegas builds up an insightful overview of what constitutes law and society theory and practice in France and the United States. He brings together diverse perspectives and practices that generally do not communicate well with one another, as is often the case between the critical theory of law of jurists and the legal sociology of sociologists. This study will allow readers to understand the sociology of law in a comparative perspective and sets out a new research agenda for the field of sociopolitical legal studies.

In this monograph, Aiste Mickonyte examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights (ECHR). The author maintains that the pursuit of manifestly severe punishment with insistence of the European Commission on administrative-level procedural safeguards is inconsistent with the robust standards of protection under the Convention. Arguing that EU anti-cartel procedure is criminal within the meaning of the Convention, this work considers this procedure in light of the core elements of the presumption of innocence such as the burden of proof and the principle of fault. The author zeroes in on the de facto automatic liability of parental companies for offences committed by their subsidiaries.

Although seemingly bizarre and barbaric in modern times, trial by ordeal-the subjection of the accused to undergo harsh tests such as walking over hot irons or being bound and cast into water-played an integral, and often staggeringly effective, role in justice systems for centuries.

In "Trial by Fire and Water," Robert Bartlett examines the workings of trial by ordeal from the time of its first appearance in the barbarian law codes, tracing its use by Christian societies down to its last days as a test for witchcraft in modern Europe and America. Bartlett presents a critique of recent theories about the operation and the decline of the practice, and he attempts to make sense of the ordeal as a working institution and to explain its disappearance. Finally, he considers some of the general historical problems of understanding a society in which religious beliefs were so fundamental.

Robert Bartlett is Wardlaw Professor of Medieval History at the University of St. Andrews.

Language ideology is a concept developed in linguistic anthropology to explain the ways in which ideas about the definition and functions of language can become linked with social discourses and identities. In Entextualizing Domestic Violence, Jennifer Andrus demonstrates how language ideologies that are circulated in the Anglo-American law of evidence draw on and create indexical links to social discourses, affecting speakers whose utterances are used as evidence in legal situations. Andrus addresses more specifically the tendency of such a language ideology to create the potential to speak for, appropriate, and ignore the speech of women who have been victims of domestic violence. In addition to identifying specific linguistic strategies employed in legal situations, she analyzes assumptions about language circulated and animated in the legal text and talk used to evaluate spoken evidence, and describes the consequences of the language ideology when it is co-articulated with discourses about gender and domestic violence. The book focuses on the pair of rules concerning hearsay and its exceptions in the Anglo-American law of evidence. Andrus considers legal discourses, including statutes, precedents, their application in trials, and the relationship between such legal discourses and social discourses about domestic violence. Using discourse analysis, she demonstrates the ways legal metadiscourses about hearsay are articulated with social discourses about domestic violence, and the impact of this powerful co-articulation on the individual whose speech is legally appropriated. Andrus approaches legal rules and language ideology both diachronically and synchronically in this book, which will be an important addition to ongoing research and discussion on the role legal appropriation of speech may have in perpetuating the voicelessness of victims in the legal treatment of domestic violence.

The legal system is often denounced as "Kafkaesque"-but what does this really mean? This is the question Douglas E. Litowitz tackles in his critical reading of Franz Kafka's writings about the law. Going far beyond Kafka's most familiar works-such as The Trial-Litowitz assembles a broad array of works that he refers to as "Kafka's legal fiction"-consisting of published and unpublished works that deal squarely with the law, as well as those that touch upon it indirectly, as in political, administrative, and quasi-judicial procedures. Cataloguing, explaining, and critiquing this body of work, Litowitz brings to bear all those aspects of Kafka's life that were connected to law-his legal education, his career as a lawyer, his drawings, and his personal interactions with the legal system. A close study of Kafka's legal writings reveals that Kafka held a consistent position about modern legal systems, characterized by a crippling nihilism. Modern legal systems, in Kafka's view, consistently fail to make good on their stated pretensions-in fact often accomplish the opposite of what they promise. This indictment, as Litowitz demonstrates, is not confined to the legal system of Kafka's day, but applies just as surely to our own. A short, clear, comprehensive introduction to Kafka's legal writings and thought, Kafka's Indictment of Modern Law is not uncritical. Even as he clarifies Kafka's experience of and ideas about the law, Litowitz offers an informed perspective on the limitations of these views. His book affords rare insight into a key aspect of Kafka's work, and into the connection between the writing, the writer, and the legal world.

On its simplest level, the purpose of this book is to explain the legal rules applicable to cases of large scale claims, typically in "product liability" and "mass torts." The book builds on a recognition that there is a field of practice x02014;and, increasingly, of legal study x02014;which demands a working comprehension of the way in which a number of apparently diverse fields of practice interact in the modern courtroom. These practice areas include, but are not limited to, product liability, torts, corporation law, evidence, conflict of laws, class actions, and the law of remedies.
Large scale claims have generated significant changes to both substantive and procedural rules as courts struggle to reconcile modern models of production and consumption with the requirements of justice in the enforcement of private and public obligations. It is this struggle which "The Law of Large-Scale Claims" addresses.

Legal history studies have often focused mainly on codified law, without attention to actual practice, and on the past, without relating it to the present. As the title-Research from Archival Case Records: Law, Society, and Culture in China-of this book suggests, the authors deliberately follow the research method of starting from court actions and only on that basis engage in discussions of laws and legal concepts and theory. The articles cover a range of topics and source materials, both past and present. They provide some surprising findings-about disjunctures between code and practice, adjustments between them, and how those reveal operative principles and logics different from what the legal texts alone might suggest. Contributors are: Kathryn Bernhardt, Danny Hsu, Philip C. C. Huang, Christopher Isett, Yasuhiko Karasawa, Margaret Kuo, Huaiyin Li, Jennifer M. Neighbors, Bradly W. Reed, Matthew H. Sommer, Huey Bin Teng, Lisa Tran, Elizabeth VanderVen, and Chenjun You.

Legal education systems, like legal systems themselves, were framed across Asia without exception according to foreign models. These reflect the vestiges of colonialism, and can be said to amount to imitating the style and purposes of legal education typical in Western and relatively "pure" common law and civilian systems. Today, however, we see Asian legal education coming into its own and beginning to accept responsibility for designing curricula and approaches that fit the region's particular needs. This book explores how conventional "transplanted" approaches as regards program design as well as modes of teaching are, or are on the cusp of being, reimagined and discerns emerging home-grown traces of innovation replacing imitation in countries and universities across East Asia.

The text, now updated to include the latest edition of arbitral rules, considers the full range of available dispute resolution methods, including mediation, conciliation, and (increasingly common in international construction disputes) determination by dispute review boards or expert panels, before focusing specifically on arbitration. The book then looks in detail at all aspects of arbitration, from commencement of proceedings, through preparation and collection of the evidence necessary in complex construction cases, to common procedural issues, the conduct of the hearing, the effect of the award, challenges to it and its enforcement.

Lauterpacht's influential study uses models drawn from private law for the interpretation and development of international law. Lauterpacht expounds upon this subject with a useful discussion of international arbitration and international tribunals, and refers to numerous cases. Sir Hersch Lauterpacht 1897-1960], one of the greatest scholars of modern international law, was the Whewell Professor of International Law at Cambridge and a judge of the International Court of Justice. The Lauterpacht Centre for International Law at Cambridge University is named in his honor. "Dr. Lauterpacht has made a valuable and scholarly addition to the literature on international law. There has been a good deal of adverse criticism-some of it quite just-on the practice of conducting the argument of a question of international law by pure analogies to civil law. The learned author deprecates the rejection of this mode of reasoning, and develops the thesis that in the great majority of cases its employment has had a beneficial influence on the development of international law. It seems to us that Article 38 (3) of the Statute of the Permanent Court of International Justice, by adopting 'general principles of law recognized by civilized states' as ancillary sources of law for use by the Court, made Dr. Lauterpacht's view not only correct but also inevitable. A book of this kind was bound to come sooner or later, and it is satisfactory that it has been written by one who is an expert." --Percy H. Winfield, Cambridge Law Journal 3 (1927-1929) 322.