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Books > Law > Jurisprudence & general issues > Foundations of law

The Gentle Civilizer of Nations - The Rise and Fall of International Law 1870-1960 (Hardcover): Martti Koskenniemi The Gentle Civilizer of Nations - The Rise and Fall of International Law 1870-1960 (Hardcover)
Martti Koskenniemi
R5,200 Discovery Miles 52 000 Ships in 10 - 15 working days

Koskenniemi traces the emergence of a liberal sensibility relating to international matters in the late 19th century, and its subsequent decline after the Second World War. He combines legal analysis, historical and political critique and semi-biographical studies of key figures, including Hersch Lauterpacht, Carl Schmitt and Hans Morgenthau. Finally, his discussion of legal and political realism at American law schools ends in a critique of post-1960 "instrumentalism". This wide-ranging study provides a unique reflection on the future of critical international law.

Cause Lawyering and the State in a Global Era (Paperback): Austin Sarat Cause Lawyering and the State in a Global Era (Paperback)
Austin Sarat; Stuart Scheingold
R2,565 Discovery Miles 25 650 Ships in 10 - 15 working days

Sarat and Scheingold's book, Cause Lawyering, the first volume of its kind, coined the term for law as practiced by the politically motivated and those devoted to moral activism. The new collection examines cause lawyering in the global context, exploring the ways in which it is influencing and being influenced by the disaggregation of state power associated with democratization, and how democratization empowers lawyers who want to effect change. New configurations of state power create opportunities for altering the political and social status quo. Cause lawyers are developing transnational networks to exploit these global opportunities, and to help strengthen international norms on issues such as human rights. The fifteen essays will focus on different national settings including South Africa, Israel, the U.K. and Latin America.

Understanding Common Law Legislation - Drafting and Interpretation (Hardcover, New): F.A.R. Bennion Understanding Common Law Legislation - Drafting and Interpretation (Hardcover, New)
F.A.R. Bennion
R4,057 Discovery Miles 40 570 Ships in 10 - 15 working days

The common law world (the Commonwealth and United States) operates through statutes applied under a uniform system, the essence of which is uniquely described in this book. Francis Bennion, the renowned Oxford don and legislative draftsman, here distills forty years of prolific writings on statute law and statutory interpretation.

The ius commune in England - Four Studies (Hardcover): R.H. Helmholz The ius commune in England - Four Studies (Hardcover)
R.H. Helmholz
R6,689 Discovery Miles 66 890 Ships in 10 - 15 working days

Ius commune is the amalgamation of Roman and canon laws on the continent. Helmholz addresses the ius commune's relation to and influence on English law. He begins by observing that there were many overlapping areas between English institutions. Through four studies (the law of sanctuary, the law of compurgation, mortuaries and the law of custom, and civil jurisdiction and the clergy), he draws out the coincidences between English law and the ius commune and shows where they developed parallel bodies of doctrine. Helmholz aims to fill in some of the gaps in scholarship on the common legal past of Western law, the history of the Roman and canon laws, the history of the ecclesiastical courts, parallels between the ius commune and English common law, and English church history.

The Enforceability of Promises in European Contract Law (Hardcover): James Gordley The Enforceability of Promises in European Contract Law (Hardcover)
James Gordley
R4,488 Discovery Miles 44 880 Ships in 10 - 15 working days

Professor James Gordley opens this volume with a concise history of the legal status of promises. In the central part of the book legal experts examine how twelve modern European legal systems deal with fifteen concrete situations in which a promise may not be enforceable--situations that include gifts, loans, bailments, houses, rewards, and brokerage contracts. Despite differences in legal doctrine, the volume reveals similarities in the results. This is the second completed project of The Common Core of European Private Law launched at the University of Trento.

The Law's Two Bodies - Some Evidential Problems in English Legal History (Hardcover, New): John Baker The Law's Two Bodies - Some Evidential Problems in English Legal History (Hardcover, New)
John Baker
R3,510 Discovery Miles 35 100 Ships in 10 - 15 working days

The book is about the informal sources of English Law that lie undiscovered because they are not included in Statutes, law reports, or in current legal teaching. Through his work with primary documents the author shows that this informal source of law is too important to go unnoticed by legal historians and commentators.

Natural Law and Practical Rationality (Hardcover): Mark C. Murphy Natural Law and Practical Rationality (Hardcover)
Mark C. Murphy
R3,075 Discovery Miles 30 750 Ships in 10 - 15 working days

According to the natural law account of practical rationality, the basic reasons for actions are basic goods that are grounded in the nature of human beings. Practical rationality aims to identify and characterize reasons for action and to explain how choice between actions worth performing can be appropriately governed by rational standards. Natural Law and Practical Rationality is a defense of a contemporary natural law theory of practical rationality, demonstrating its inherent plausibility and engaging systematically with rival egoist, consequentialist, Kantian and virtue accounts.

The Network Inside Out (Hardcover): Annelise Riles The Network Inside Out (Hardcover)
Annelise Riles
R2,244 Discovery Miles 22 440 Ships in 12 - 17 working days

"Networks" and other artifacts of institutional life--documents, funding proposals, newsletters, organizational charts--are such ubiquitous aspects of the "information age" that they go unnoticed to most observers. In this work, Annelise Riles takes a sophisticated theoretical approach to examine the aesthetics of these artifacts and practices, to learn what their very forms and formats can tell us about knowledge and legality in today's world.
The immediate subject of Riles's ethnographic work was a group of Fijian bureaucrats and activists preparing for and participating in the United Nations Fourth World Conference on Women. Participants in this meeting and the activities surrounding it understood themselves to be "focal points" in national, regional, and global "networks."
Starting from the premise that anthropologists are "inside" the Network, that is, that they are producers, consumers, and aesthetes, not simply observers, of the artifacts of late modern institutional life, Riles enacts a new ethnographic method for turning the network "inside out." The resulting experiment in the theory and ethnography of transnational institutional practices makes an important contribution to the anthropology of knowledge.
With its focus on developing a method for studying transnational phenomena, "The Network Inside Out" will appeal not only to anthropologists, but also to legal scholars and political scientists.
Annelise Riles is Assistant Professor, Northwestern University School of Law, Research Fellow, American Bar Foundation.

Restorative Justice and Civil Society (Paperback): Heather Strang, John Braithwaite Restorative Justice and Civil Society (Paperback)
Heather Strang, John Braithwaite
R1,177 Discovery Miles 11 770 Ships in 10 - 15 working days

Advocates of restorative justice question the state's ability to deliver satisfactory justice. This provocative volume looks at the flourishing restorative justice movement and considers the relationship between restorative justice and civil society. Genuinely international, it addresses aspects of civil society including schools, families, churches and private workplaces and considers broader issues such as democracy, human rights, access and equity. It presents the ideals of restorative justice so that victims, offenders, their families and communities might have more representation in the justice process.

Roman Law, Contemporary Law, European Law - The Civilian Tradition Today (Hardcover): Reinhard Zimmermann Roman Law, Contemporary Law, European Law - The Civilian Tradition Today (Hardcover)
Reinhard Zimmermann
R4,172 Discovery Miles 41 720 Ships in 10 - 15 working days

This book contains the text on which Professor Zimmermann's Clarendon Lectures at the University of Oxford in October 1999 were based.

In Defense of Natural Law (Paperback, Revised): Robert George In Defense of Natural Law (Paperback, Revised)
Robert George
R2,477 Discovery Miles 24 770 Ships in 10 - 15 working days

In this collection George extends the critiques of liberalism he expounded in `Making Men Moral' and also goes beyond it to show how contemporary natural law theory provides a superior way of thinking about basic problems of justice and political morality. It is written with the same combination of stylistic elegance and analytical rigour that distinguished his critical work. Not content merely to defend natural law from its `cultural despisers', he deftly turns the tables and deploys the idea to mount a stunning attack on regnant liberal beliefs about such issues as abortion, sexuality, and the place of religion in public life.

Law and Literature - Journeys From Her to Eternity (Paperback): Maria Aristodemou Law and Literature - Journeys From Her to Eternity (Paperback)
Maria Aristodemou
R3,266 Discovery Miles 32 660 Ships in 10 - 15 working days

This book is an original contribution to the field of law and literature. In addition to seeing law as a form of literature, it sees literature as a form of law, and examines the law-making qualities of fiction to explore the fiction-making qualities of law. Its examples range from Greek myth to contemporary writing, film and popular music, and suggest new ways of living with and entering the legal labyrinth. Aristodemou's style is both accessible and entertaining. The book is aimed at undergraduates and postgraduates in law as well as other disciplines concerned with law and literature, jurisprudence, and other options addressing the intersections between law and culture.

Law in the Domains of Culture (Paperback, 1st pbk. ed): Austin Sarat, Thomas R. Kearns Law in the Domains of Culture (Paperback, 1st pbk. ed)
Austin Sarat, Thomas R. Kearns
R815 Discovery Miles 8 150 Ships in 12 - 17 working days

The concept of culture is troublingly vague and, at the same time, hotly contested, and law's relations to culture are as complex, varied and disputed as the concept of culture itself. The concept of the traditional, unified, reified, civilizing idea of culture has come under attack. The growth of cultural studies has played an important role in redefining culture by including popular culture and questions of social stratification, power and social conflict.
Law and legal studies are relative latecomers to cultural studies. As scholars have come to see law as not something apart from culture and society, they have begun to explore the connections between law and culture. Focusing on the production, interpretation, consumption and circulation of legal meaning, these scholars suggest that law is inseparable from the interests, goals and understandings that deeply shape or compromise social life. Against this background, "Law in the Domains of Culture" brings the insights and approaches of cultural studies to law and tries to secure for law a place in cultural analysis. This book provides a sampling of significant theoretical issues in the cultural analysis of law and illustrates some of those issues in provocative examples of the genre. "Law in the Domains of Culture" is designed to encourage the still tentative efforts to forge a new interdisciplinary synthesis, cultural studies of law.
The contributors are Carol Clover, Rosemary Coombe, Marjorie Garber, Thomas R. Kearns, William Miller, Andrew Ross, Austin Sarat, and Martha Woodmansee.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H.Hastie Professor of Philosophy, Amherst College.

Voluntary Euthanasia and the Common Law (Paperback, Revised): Margaret Otlowski Voluntary Euthanasia and the Common Law (Paperback, Revised)
Margaret Otlowski
R2,668 Discovery Miles 26 680 Ships in 10 - 15 working days

Voluntary Euthanasia investigates the complex and controversial issue of active voluntary euthanasia, presenting the legal position in a clear, comprehensive fashion. It critically examines the criminal law prohibition of medically administered active voluntary euthanasia in common law jurisdictions and looks at the situation in practice. The evidence of patient demands for active euthanasia and the willingness of some doctors to respond to patients requests is explored, and an argument for reform of the law is made with reference to the position in the Netherlands where active voluntary euthanasia is now openly practised.

Professors of the Law - Barristers and English Legal Culture in the Eighteenth Century (Hardcover): David Lemmings Professors of the Law - Barristers and English Legal Culture in the Eighteenth Century (Hardcover)
David Lemmings
R8,171 Discovery Miles 81 710 Ships in 10 - 15 working days

The story of the English barristers and the culture of common law between 1690 and 1820 is a complex one. In Professors of the Law David Lemmings provides a wealth of detail about barristers' numbers, education, working habits, reputation, and self-image, and compares them with colonial American lawyers. The broad-ranging conclusion suggests that the bar ultimately failed English society and contributed to the marginalization of the common law.

The Modern Law of Estoppel (Hardcover): Elizabeth Cooke The Modern Law of Estoppel (Hardcover)
Elizabeth Cooke
R4,994 Discovery Miles 49 940 Ships in 10 - 15 working days

The law of estoppel is a modern concept with a medieval label. It concerns the enforcement of obligations outside the law of contract and tort; we might call it the law of consistency, which obliges people to stand by things they have said. This is a book for lawyers, but will be of interest to other readers as a picture of how the law has tried to deal with its own shortcomings. The book will be of interest practitioners and scholars in other jurisdictions particularly Australia and New Zealand.

A Debate Over Rights - Philosophical Enquiries (Paperback, New Ed): Matthew Kramer, Nigel Simmonds, Hillel Steiner A Debate Over Rights - Philosophical Enquiries (Paperback, New Ed)
Matthew Kramer, Nigel Simmonds, Hillel Steiner
R2,841 Discovery Miles 28 410 Ships in 10 - 15 working days

The authors of this book engage in essay form in a lively debate over the fundamental characteristics of legal and moral rights. They examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices. In the course of this debate the authors address many questions through which they clarify, though not finally resolve, a number of controversial present-day political debates, including those over abortion, euthanasia, and animal rights.

A Historical Introduction to the Law of Obligations (Hardcover): David Ibbetson A Historical Introduction to the Law of Obligations (Hardcover)
David Ibbetson
R4,228 Discovery Miles 42 280 Ships in 10 - 15 working days

This work traces the history of the English law of obligations from the twelfth century to the present day. It aims to cut through technicalities and to be comprehensible to readers other than specialist legal historians. It should be of interest to all those wanting to understand how the English Common law evolves.

Duty and Healing - Foundations of a Jewish Bioethic (Hardcover): Benjamin Freedman Duty and Healing - Foundations of a Jewish Bioethic (Hardcover)
Benjamin Freedman; Introduction by Charles Weijer
R5,041 Discovery Miles 50 410 Ships in 12 - 17 working days

"Duty and Healing" positions ethical issues commonly encountered in clinical situations within Jewish law. The concept of duty is significant in exploring bioethical issues, and this book presents an authentic and non-parochial Jewish approach to bioethics, while it includes critiques of both current secular and Jewish literatures.
Among the issues the book explores are the role of family in medical decision-making, the question of informed consent as a personal religious duty, and the responsibilities of caretakers. The exploration of contemporary ethical problems in healthcare through the lens of traditional sources in Jewish law is an indispensable guide of moral knowledge.

Roman Law in European History (Hardcover): Peter Stein Roman Law in European History (Hardcover)
Peter Stein
R3,042 Discovery Miles 30 420 Ships in 10 - 15 working days

This is a short and succinct summary of the unique position of Roman law in European culture by one of the world's leading legal historians. Peter Stein's masterly study assesses the impact of Roman law in the ancient world, and its continued unifying influence throughout medieval and modern Europe. Roman Law in European History is unparalleled in lucidity and authority, and should prove of enormous utility for teachers and students (at all levels) of legal history, comparative law and European Studies. Award-winning on its appearance in German translation, this English rendition of a magisterial work of interpretive synthesis is an invaluable contribution to the understanding of perhaps the most important European legal tradition of all.

Cause Lawyering - Political Commitments and Professional Responsibilities (Paperback, New Ed): Austin Sarat, Stuart Scheingold Cause Lawyering - Political Commitments and Professional Responsibilities (Paperback, New Ed)
Austin Sarat, Stuart Scheingold
R3,634 Discovery Miles 36 340 Ships in 10 - 15 working days

This book is a cross-national study of lawyers who devote themselves to serving political cuases. The essays collected here bring togehter the work of eighteen scholars, each of whom contributes a valuable portrait of lawyers who sacrifice financial advantage to use their professional skills to promote their vision of a more just society.

Women and Law in Late Antiquity (Paperback, Revised): Antti Arjava Women and Law in Late Antiquity (Paperback, Revised)
Antti Arjava
R3,095 Discovery Miles 30 950 Ships in 10 - 15 working days

This is the first comprehensive account of women's legal and social positions in the west from classical antiquity right through to the early middle ages. The main focus of the book is on the late antique period, with constant reference to classical Roman law and the lives of women in the early empire.

Economic Dimensions in International Law - Comparative and Empirical Perspectives (Hardcover): Jagdeep S. Bhandari, Alan O.... Economic Dimensions in International Law - Comparative and Empirical Perspectives (Hardcover)
Jagdeep S. Bhandari, Alan O. Sykes
R4,047 Discovery Miles 40 470 Ships in 10 - 15 working days

The essays in this collection use interdisciplinary perspectives to investigate issues in international and comparative law, primarily employing theoretical or empirical economics. They demonstrate that the economic analysis of law has much to contribute to the study of international matters, despite the fact that mainstream international legal scholars and economists have had relatively little interaction. The essays take comparative or empirical approaches to explore themes in international trade, trade and the environment, law and development, the political economy of privatization and exchange rate policies, economic theories of international institutional design, immigration policy, comparative bankruptcy, international antitrust, and extraterritorial jurisdiction.

Economic Dimensions in International Law - Comparative and Empirical Perspectives (Paperback): Jagdeep S. Bhandari, Alan O.... Economic Dimensions in International Law - Comparative and Empirical Perspectives (Paperback)
Jagdeep S. Bhandari, Alan O. Sykes
R2,211 Discovery Miles 22 110 Ships in 10 - 15 working days

The essays in this collection use interdisciplinary perspectives to investigate issues in international and comparative law, primarily employing theoretical or empirical economics. They demonstrate that the economic analysis of law has much to contribute to the study of international matters, despite the fact that mainstream international legal scholars and economists have had relatively little interaction. Original versions of the essays were presented at a conference sponsored by Duquesne and George Mason Universities in the Spring of 1995, and some essays are followed by comments from conference participants.

Good Faith and Fault in Contract Law (Paperback, Revised): Jack Beatson, Daniel Friedman Good Faith and Fault in Contract Law (Paperback, Revised)
Jack Beatson, Daniel Friedman
R4,532 Discovery Miles 45 320 Ships in 10 - 15 working days

This collection of essays brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme---the question of good faith and fair dealing in the Law of Contract. The book is divided into several parts: the first part is an Introduction; Part II examines the requirement of good faith and its role in the formation of contracts; Part III is concerned with contractual obligations; Part IV examines Breach of Contract and Remedial Issues. The work will be of widespread interest to scholars of Private Law in both Common and Civil Law jurisdictions.

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