Solon (c 658-558 BC) is famous as both statesman and poet but also, and above all, as the paramount lawmaker of ancient Athens. Though his works survive only in fragments, we know from the writings of Herodotus and Plutarch that his constitutional reforms against the venality, greed and political power-play of Attica's tyrants and noblemen were hugely influential-and may even be said to have laid the foundations of western democracy. Solon's legal injunctions covered the widest range of topics and issues: economics and labour; sexual morality; social issues; and society and politics. Yet despite their fame and influence (and Solon's life and work generated a lively reception history), no complete edition of these writings has yet been published. This book offers the definitive critical edition of Solon's laws that has long been needed. It comprises the original Greek fragments with English translations, commentaries, a comprehensive introduction and important comparative Latin texts. It will be enthusiastically welcomed by specialists in ancient Greek language and history.

Law is a strange beast. It is often thought of as moral, yet morality and law do not often coincide. It is supposed to encourage individuals to act in accordance with societal wishes, such as the protection of intellectual property encourages someone to invent new products and thereby increase the level of technology, productivity, and economic activity in our economy. Yet law often provides perverse incentives that cause individuals, or even the State, to act in discordant, and therefore inefficient, ways. More than anything else, law in its various forms creates the working rules of an economy, for better or for worse. The popular refrain 'there ought to be a law' is a desire to alter future outcomes when current or past outcomes seem to the public to be inconsistent with their notions of fairness and justice. Regardless, many, if not most, laws applied to our economic system create severe inefficiencies such as minimum wage legislation and rent control laws; these actually serve to deny individuals work and shelter in a haphazard and capricious manner. Law also dictates property rights, yet eminent domain lets the State take it away with seemingly arbitrary compensation to the owner. It is for this reason that workers, employers, managers and others have a stake in understanding the interplay between law and economics and how to evaluate laws to determine whether and how their business property and equity may be impacted by them. It is also incumbent upon individuals to understand the process of rulemaking as a mechanism that can be designed to reduce the transactions costs that cause us to resort to the legal system to resolve disputes. One unique aspect of this book is that it is written with both economists and non-economists in mind. Another difference is that this text does not concern itself with criminal law, which is left to a separate book in the Business Expert Press economics collection. A final difference is that this text discusses the legal organization of businesses as well as tax law from an economics perspective, two items that are not formally treated in other economics of law textbooks.

Huguccio was an important lawyer of the medieval church, bishop of Ferrara, and one of the greatest representatives of twelfth-century scholasticism. In this book-length study of this influential figure, Wolfgang P. Muller provides a critical account of the biographical information on the man and his writings. He discusses the various aspects of Huguccio's career and thought as well as the manuscript tradition of some of his works. The author's scholarship rests on direct consultation and painstaking analysis of enormous quantities of manuscript material. This book provides the point of departure for anyone wishing to study Huguccio first-hand. It will be worthy reading for students of medieval canon law and an essential addition to all libraries supportingresearch in medieval studies.

Tribal Criminal Law and Procedure examines complex Indian nations' tribal justice systems, analyzing tribal statutory law, tribal case law, and the cultural values of Native peoples. Using tribal court opinions and tribal codes, it reveals how tribal governments use a combination of oral and written law to dispense justice and strengthen their nations and people. Carrie E. Garrow and Sarah Deer discuss the histories, structures, and practices of tribal justice systems, comparisons of traditional tribal justice with American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions. New features of the second edition include new chapters on: * The Tribal Law and Order Act's Enhanced Sentencing Provisions * The Violence Against Women Act's Special Domestic Violence Criminal Jurisdiction * Tribal-State Collaboration Tribal Criminal Law and Procedure is an invaluable resource for legal scholars and students. The book is published in cooperation with the Tribal Law and Policy Institute (visit them at www.tlpi.org).

This is the story of how disputes of all kinds were managed in England between AD 1154 and the first signs of the Common Law, and 1558 when a new period started in the development of the English legal system. Primary sources, including private papers like the "Paston Letters", show how disputes were managed in practice. Mediation and arbitration were then natural and widespread. Their aim was to produce peace through compromise. Parties turned to the community for help: hundred and shire, magnates, city and borough guilds, university, the Church and the Jews. The king's Council and even Parliament offered mediation and arbitration. The scope included disputes not arbitrable today ownership of freehold land, status, even rape, murder and riot. Arbitration centres in London, York and Bristol offered services to all comers. Foreigners brought disputes with no connection to England. In 1484 a labourer, defended his interests in an arbitration arranged by the York authorities. The Mayor of Bristol kept an office open every day to arrange arbitrations. The Privy Council sat on a Sunday morning in February 1549 for that purpose. And women were parties almost as often as men - and occasionally mediators and arbitrators.

Manual sobre la jurisprudencia, derechos y prerrogativas especiales de las personas de edad avanzada en el ordenamiento juridico de Puerto Rico. Contiene un capitulo sobre andragogia y la legislacion dedicada a la educacion de adultos a partir del reconocimiento constitucional de la misma como derecho fundamental de la persona.

Political communities are defined - and often contested - through stories and storytelling. Scholars have long recognized that two foundational sets of stories - narratives of contact and narratives of arrival - helped to define settler societies. We are only beginning to understand how ongoing issues of migration and settlement are linked to issues of indigenous-settler contact. In Storied Communities, scholars from multiple disciplines disrupt the assumption in many works that indigenous and immigrant identities fall into two separate streams of analysis. The authors do not attempt to build a new master narrative - they instead juxtapose narratives of contact and arrival as they explore key themes: the nature and hazards of telling stories in the political realm; the literary, ceremonial, and identity-forming dimensions of the narrative form; actual narratives of contact and arrival in Canada, Australia, the Americas, New Zealand, and Europe; and the institutional and theoretical implications of foundation narratives and storytelling. In the process, they deepen our understanding of the role of narrative in community and nation building. By bringing to light the links between narratives of contact and narratives arrival, this innovative volume opens up new ways to imagine, sustain, and transform political communities.

This book is intended to provide a basic outline of the numerous steps of our federal lawmaking process from the source of an idea for a legislative proposal through its publication as a statute. It is hoped that this book will enable readers to gain a greater understanding of the federal legislative process and its role as one of the foundations of our representative system. One of the most practical safeguards of the American democratic way of life is this legislative process with its emphasis on the protection of the minority, allowing ample opportunity to all sides to be heard and make their views known. The fact that a proposal cannot become a law without consideration and approval by both Houses of Congress is an outstanding virtue of our bicameral legislative system. The open and full discussion provided under the Constitution often results in the notable improvement of a bill by amendment before it becomes law or in the eventual defeat of an inadvisable proposal. As the majority of laws originate in the House of Representatives, this discussion will focus principally on the procedure in that body.

The Theodosian Code, put together under the Eastern Roman Emperor Theodosius II, is a compliation of the laws dating from 312 to 438 AD, when the code was published. It brought order to a vast unmanageable body of law and formed part of the basis for the sixth-century Institutes of Justinian, fundamental to later jurisprudence. This book is an important collection of articles, well established as an essential resource for students of Roman law, long unavailable and here published in paperback for the first time with a new preface and updated bibliography. Contributors: Simon Corcoran; Brian Croke; Judith Evans Grubbs; Jill Harries; Tony Honore; David Hunt; John Matthews; Boudewijn Sirks; Mark Vessey; Dafydd Walters; Ian Wood.

""Gardens and Neighbors" will provide an important building block in the growing body of literature on the ways that Roman law, Roman society, and the economic concerns of the Romans jointly functioned in the real world."
---Michael Peachin, New York University

As is increasingly true today, fresh water in ancient Italy was a limited resource, made all the more precious by the Roman world's reliance on agriculture as its primary source of wealth. From estate to estate, the availability of water varied, in many cases forcing farmers in need of access to resort to the law. In "Gardens and Neighbors: Private Water Rights in Roman Italy, " Cynthia Bannon explores the uses of the law in controlling local water supplies. She investigates numerous issues critical to rural communities and the Roman economy. Her examination of the relationship between farmers and the land helps draw out an understanding of Roman attitudes toward the exploitation and conservation of natural resources and builds an understanding of law in daily Roman life.

An editor of the series Law and Society in the Ancient World, Cynthia Jordan Bannon is also Associate Professor of Classical Studies at Indiana University, Bloomington. Her previous book was "The Brothers of Romulus: Fraternal Pietas in Roman Law, Literature, and Society" (1997). Visit the author's website: http: //www.iub.edu/ classics/faculty/bannon.shtml.Jacket illustration: Barren Tuscan Fields in Winter (c) 2009 Scott Gilchrist. Image from stock.archivision.com.

The American system of law has experienced a quiet revolution that has gone largely unnoticed by political scientists and legal scholars. The change that has occurred- the abandonment of the common law foundation on which the American judicial system was built-has important consequences for democratic politics in the United States and abroad. Dismantling American Common Law: Liberty and Justice in Our Transformed Courts tracks the development of the American common law through historical and quantitative analysis and a philosophical inquiry of the founding. Author Kyle Scott seeks to reclaim this lost tradition of common law, which was vital as a legitimizing force and consensus-building mechanism at the American founding and will grow in importance for newly democratizing nations around the world.

In this startling book, Drury overturns the long-standing reputation of Thomas Aquinas as the most rational exponent of the Christian faith. She reveals that Aquinas as one of the most zealous Dominicans (Domini Canes) or Hounds of the Lord. The book contains incisive criticisms of Aquinas's reconciliation of faith and reason, his defense of papal supremacy, his justification of the Inquisition, his insistence on the persecution of Jews, and his veneration of celibacy. Far from being an antiquarian exercise, Drury shows why the study of Aquinas is relevant to the politics of the twenty-first century, where the primacy of faith over reason has experienced a revival. The current pope, Benedict XVI, relies heavily on Aquinas when prescribing cures for the ills of modernity. For Drury, religion is as incompatible with political moderation and sobriety in our time as it was in the thirteenth century. This is why she defends a secular version of Aquinas's theory of natural law_a theory that he betrayed in favor of what she calls 'the politics of salvation.'

Explains the basic tenets of the Catholic Faith and why we hold them. Delves into the historical background of virtually everything people find hard to understand about our Religion, such as priestly celibacy, sacred images, the Church and the Bible, the primacy of Peter, Communion under one kind, invocation of the Saints, etc. First published in 1876, when there was much anti- Catholic sentiment in the U.S., it sold 1.4 million copies in 40 years and has been reprinted many times since.

Richard A. Posner is probably the leading scholar in the rapidly growing field of the economics of law; he is also an extremely lucid writer. In this book, he applies economic theory to four areas of interest to students of social and legal institutions: the theory of justice, primitive and ancient social and legal institutions, the law and economics of privacy and reputation, and the law and economics of racial discrimination.

The book is designed to display the power of economics to organize and illuminate diverse fields in the study of nonmarket behavior and institutions. A central theme is the importance of uncertainty to an understanding of social and legal institutions. Another major theme is that the logic of the law, in many ways but not all, appears to be an economic one: that judges, for example, in interpreting the common law, act as if they were trying to maximize economic welfare.

Part I examines the deficiencies of utilitarianism as both a positive and a normative basis of understanding law, ethics, and social institutions, and suggests in its place the economist's concept of "wealth maximization." Part II, an examination of the social and legal institutions of archaic societies, notably that of ancient Greece and primitive societies, argues that economic analysis holds the key to understanding such diverse features of these societies as reciprocal gift-giving, blood guilt, marriage customs, liability rules, and the prestige accorded to generosity. Many topics relevant to modern social and philosophical debate, including the origin of the state and the retributive theory of punishment, are addressed. Parts III and IV deal with more contemporary social and jurisprudential questions. Part III is an economic analysis of privacy and the statutory and common law rules that protect privacy and related interests-rules that include the tort law of privacy, assault and battery, and defamation. Finally, Part IV examines, again from an economic standpoint, the controversial areas of racial and sexual discrimination, with special reference to affirmative action. Both Part III and Part IV develop as a subtheme the issue of proper standards of constitutional adjudication by the Supreme Court.

The collection represents a rich array of interdisciplinary expertise,with authors who are law professors, historians, sociologists andcriminologists. Their essays include studies into the lives of judgesand lawyers, rape victims, prostitutes, religious sect leaders, andcommon criminals. The geographic scope touches Canada, the UnitedStates and Australia. The essays explore how one individual, or smallself-identified groups, were able to make a difference in how law wasunderstood, applied, and interpreted. They also probe the degree towhich locale and location influenced legal culture history.

This book examines Canadian experiences of social control, moralregulation, and governmentality during the late nineteenth and earlytwentieth centuries. Informed by the wealth of theoretical andhistorical writings that have recently emerged on these subjects, thecontributors explore diverse state, social, legal, and human encounterswith the regulation of lives in British Columbia and Canadian history.Incest in the criminal courts, racial-ethnic dimensions of alcoholregulation, public health initiatives around venereal disease, and theseizure and indoctrination of Doukhobor children, among other issues,are examined in these nine original essays.

What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms.

Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.

Popular Sovereignty or Natural Law? At a time of constitutional crisis in the American body politic, Guy Padula's timely and stimulating new work explores whether the answers to today's heated political debate can be found by scrutinizing the past. In Madison v. Marshall Padula turns the spotlight on the interpretive intent of America's Founding Fathers to discover if the consent of the people or the rule of justice triumphs. Comparing the constitutional theories of the Founding generation's two preeminent constitutional authorities, Padula shatters the Originalist myth that Madison and Marshall shared a compatible constitutional jurisprudence. He concludes that the meaning of the Constitution has been contested from the outset. This is essential reading for legal scholars, political scientists and historians seeking to learn more about the fundamental nature of U.S. law and how it should be interpreted.

The Ministry of Law in the Church Today provides practical guidance and rationale for the role of law in the Church for pastoral ministers who are accustomed to seeing canon law as a problem rather than a solution. This book will also appeal to laity who harbor a curiosity about the usefulness of Church law in everyday Christian life.

Moshe Koppel, an expert in the field of logic, draws on basic concepts of logic to analyze the dynamics and structure of Halakhah. the author poses age-old questions about the nature of Sinaitic revelation, as well as modern questions about the role of computers and the immutability of a law. Far from a dry philosophical work, this is a lively discussion about Halakhah that bears relevance on life today.

As conflict resolution becomes increasingly important to urban and rural peoples around the globe, the value of this classic anthology of studies of process, structure, comparison, and perception of the law is acclaimed by policy makers as well as anthropologists throughout the world. The case studies include evidence from Africa, Europe, the Americas, and Oceania, and they reflect the important shift from a concern with what law is to what law does.

." . . a compelling historical account of natural rights. . . .That Tierney brings to his historical task a thorough acquaintance with major contemporary theories of moral and legal rights gives his work additional value for ethicists." - Religious Studies Review ." . . a tour de force of integration and learning. . . . It is a synthesis that will become the required starting point in all future efforts to write about the history of rights." - Studia canonica

Gaius was a Roman jurist of the 2nd century AD. His Institutes is an important legal textbook covering all the elements of Roman law. This volume contains a useful Introduction, English translation and the Latin text of Seckel and Kuebler. Its aim is to make the Institutes, one of the seminal works of Roman law, accessible to students with little or no Latin.