This volume was originally published in 1925 and is a digest of the law and practice of the Bedouin Courts, together with an account of desert life and customs.

What makes a great book? If the determining factors are the content,authorship and timing of publication then this collection of essays from some of Europe's most eminent judges and jurists satisfies all three criteria. Readers will here find the expanded versions of the speeches given at a one-day conference in London to mark, from a legal point of view, the beginning of the new millennium. In a thoughtful and predominantly comparative manner the distinguished speakers explore the cross fertilisation of ideas that is taking place between the Common and Civil law systems in such important topics as human rights, commercial law, and comparative methodology. The contributors include Lords Irvine, Bingham, Woolf, Steyn, and Goff, the President of the Court of the European Communities, Dr Iglesias, the President of the Court of Human Rights, Dr Wildhaber, the President of the German Constitutional Court, Professor Limbach, Justices Lenoir and Mirabelli, respectively of the French and Italian Constitutional Courts, the Professor Walter van Gerven, former Advocate General of the Court of the European Communities, Professor Klaus Hopt, co-Director of the Max-Planck Institute of Hamburg, Professor Christian von Bar, Director of the Institute of Comparative Law at the University of Osnabruck and the organiser of the conference, Professor Basil Markesinis, Director of the Oxford Institute of European and Comparative Law. The book commences with a Foreword by Keith Clark, Senior Partner of the multinational law firm, Clifford Chance, who have sponsored the conference. This is a unique book about legal practice in the increasingly integrated world of tomorrow.

Offering an important new perspective on medieval political, legal, and social history in England, Anthony Musson examines how medieval people at all social levels thought about law, justice, politics, and their role in society. He provides a history of judicial developments in the 13th and 14th centuries, while interweaving within each chapter a special focus on different facets of legal culture and experience. This illuminating approach reveals a comprehensive picture of two centuries worth of tremendous social change.

Rome acquired her great empire under republican institutions. These institutions were held to be remarkably stable because they were a mixture of monarchy, oligarchy and democracy, created by natural evolution not by a lawgiver. The Republic was also a classic example of a largely unwritten constitution, like that of Britain, and so it has bearing on modern political theory.

The Rabbis of the first five centuries of the Common Era loom large in the Jewish tradition. Until the modern period, Jews viewed the Rabbinic traditions as the authoritative contents of their covenant with God, and scholars debated the meanings of these ancient Sages words. Even after the eighteenth century, when varied denominations emerged within Judaism, each with its own approach to the tradition, the literary legacy of the talmudic Sages continued to be consulted.
In this book, Michael S. Berger analyzes the notion of Rabbinic authority from a philosophical standpoint. He sets out a typology of theories that can be used to understand the authority of these Sages, showing the coherence of each, its strengths and weaknesses, and what aspects of the Rabbinic enterprise it covers. His careful and thorough analysis reveals that owing to the multifaceted character of the Rabbinic enterprise, no single theory is adequate to fully ground Rabbinic authority as traditionally understood.
The final section of the book argues that the notion of Rabbinic authority may indeed have been transformed over time, even as it retained the original name. Drawing on the debates about legal hermeneutics between Ronald Dworkin and Stanley Fish, Berger introduces the idea that Rabbinic authority is not a strict consequence of a preexisting theory, but rather is embedded in a form of life that includes text, interpretation, and practices. Rabbinic authority is shown to be a nuanced concept unique to Judaism, in that it is taken to justify those sorts of activities which in turn actually deepen the authority itself.
Students of Judaism and philosophers of religion in general will be intrigued bythis philosophical examination of a central issue of Judaism, conducted with unprecedented rigor and refreshing creative insight.

Cosmopolitan Justice and its Discontents pursues a reflection upon the institutional orders designed to ensure respect for the rule of law, human rights, and social justice. The majority of literature on cosmopolitanism tends to be oriented in sociology, political science or philosophy, and is largely positive. This book aims to fill the lacuna with respect to critical and legal perspectives in this field. In particular, it highlights the importance of international economic law and its institutions when evaluating the evolution of cosmopolitan norms. In addition, it provides critical and multidisciplinary perspectives on Cosmopolitan Justice and Sovereignty; Institutions, Civil Society and Accountability; and Social Exclusion, Migration, and Global Markets. This book will be of considerable interest to academics and students concerned with international public and private law, international criminal law, international economic law, human rights, migration, criminology, political science, and philosophy.

Uncertain Risks Regulated compares various models of risk regulation in order to understand how these systems shape the relationship between law and science, and how they attempt to overcome public distrust in science-based decision-making. The book contributes to the ongoing debate relating to uncertainty and risks - and the difficulties faced by the European Union in particular - in regulating theses issues, taking account of both national and international constraints. The term 'uncertain risk' is comparable with notions of hazard and indeterminate risk, as deployed within the social sciences; but it also aims to capture the modern regulatory reality that a non-quantifiable hazard must still be addressed by society, law and its regulators. Decisions must be taken in the face of uncertainty. And, whilst it is not possible to provide clear cut models of risk regulation, in focusing on regulatory practices at a national, EU and international level, the contributors to this volume aim to use fact finding as a core instrument of learning for risk regulation.

This book offers a 'genealogical' explanation of law's normativity. The term 'genealogical' conveys a commitment to a non-metaphysical type of enquiry. While it explains how law, as a normative phenomenon, comes about, it does not seek to ground law's normativity in anything but the context of social interaction giving rise to it. Legal normativity is brought about on a daily basis. Whether in revolutionary circumstances or in the quotidian need for judges, lawmakers or citizens to balance law's demands with those of morality or prudence, our ability to bind ourselves through law ultimately depends on our capacity to articulate a better way of living together, and to commit ourselves to it. These efforts of assessment and articulation depend, in turn, on our conception of normative agency. Assert the need to trace the truth of ethical judgments to some independent moral 'facts' conditioning their objectivity, and you will get a different understanding of what it is we are doing when we dispute law's authority in the name of moral values. Tracing the truth of moral judgements back to our own social practices not only affects the nature of disagreement; it also dramatically increases our responsibility when, as lawmakers, judges, or citizens we 'take the law into our own hands' and confront it with our moral expectations.

Jurisdiction in Deleuze: The Expression and Representation of Law explores an affinity between the philosophy of Gilles Deleuze and jurisprudence as a tradition of technical legal thought. The author addresses and reopens a central aesthetic problem in jurisprudence: the difference between the expression and the representation of law. Deleuze is taken as offering not just an important methodological recovery of an 'expressionism' in philosophy - specifically through Nietzsche and Spinoza - but also a surprisingly practical jurisprudence which recasts the major technical terms of jurisdiction (persons, things and actions) in terms of their distinctively expressive or performative modalities. In paying attention to law's expression, Deleuze is thus shown to offer an account of how meaning may attach to the instrument and medium of law and how legal desire may be registered within the texture and technology of jurisdiction. Contributing both to a renewed transposition of Deleuze into contemporary legal theory, as well as to an emerging interest in law's technology, institution and instrumentality in critical legal studies, Jurisdiction in Deleuze will be of considerable interest.

Security Games: Surveillance and Control at Mega-Events addresses the impact of mega-events - such as the Olympic Games and the World Cup - on wider practices of security and surveillance. "Mega-Events" pose peculiar and extensive security challenges. The overwhelming imperative is that "nothing should go wrong." There are, however, an almost infinite number of things that can "go wrong"; producing the perceived need for pre-emptive risk assessments, and an expanding range of security measures, including extensive forms and levels of surveillance. These measures are delivered by a "security/industrial complex" consisting of powerful transnational corporate, governmental and military actors, eager to showcase the latest technologies and prove that they can deliver "spectacular levels of security". Mega-events have thus become occasions for experiments in monitoring people and places. And, as such, they have become important moments in the development and dispersal of surveillance, as the infrastructure established for mega-events are often marketed as security solutions for the more routine monitoring of people and place. Mega-events, then, now serve as focal points for the proliferation of security and surveillance. They are microcosms of larger trends and processes, through which - as the contributors to this volume demonstrate - we can observe the complex ways that security and surveillance are now implicated in unique confluences of technology, institutional motivations, and public-private security arrangements. As the exceptional conditions of the mega-event become the norm, Security Games: Surveillance and Control at Mega-Events therefore provides the glimpse of a possible future that is more intensively and extensively monitored.

Banking regulation and the private law governing the bank-customer relationship came under the spotlight as a result of the global financial crisis of 2007-2009. More than a decade later UK, EU and international regulatory initiatives have transformed the structure, business practices, financing models and governance of the banking sector. This authoritative text offers an in-depth analysis of modern banking law and regulation, while providing an assessment of its effectiveness and normative underpinnings. Its main focus is on UK law and practice, but where necessary it delves into EU law and institutions, such as the European Banking Union and supervisory role of the European Central Bank. The book also covers the regulation of bank corporate governance and executive remuneration, the promises and perils of FinTech and RegTech, and the impact of Brexit on UK financial services. Although detailed, the text remains easy to read and reasonably short; pedagogic features such as a glossary of terms and practice questions for each chapter are intended to facilitate learning. It is a useful resource for students and scholars of banking law and regulation, as well as for regulators and other professionals who are interested in reading a precise and evaluative account of this evolving area of law.

The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.

Security Games: Surveillance and Control at Mega-Events addresses the impact of mega-events -- such as the Olympic Games and the World Cup -- on wider practices of security and surveillance. "Mega-Events" pose peculiar and extensive security challenges. The overwhelming imperative is that "nothing should go wrong." There are, however, an almost infinite number of things that can "go wrong"; producing the perceived need for pre-emptive risk assessments, and an expanding range of security measures, including extensive forms and levels of surveillance. These measures are delivered by a "security/industrial complex" consisting of powerful transnational corporate, governmental and military actors, eager to showcase the latest technologies and prove that they can deliver "spectacular levels of security." Mega-events have thus become occasions for experiments in monitoring people and places. And, as such, they have become important moments in the development and dispersal of surveillance, as the infrastructure established for mega-events are often marketed as security solutions for the more routine monitoring of people and place. Mega-events, then, now serve as focal points for the proliferation of security and surveillance. They are microcosms of larger trends and processes, through which -- as the contributors to this volume demonstrate -- we can observe the complex ways that security and surveillance are now implicated in unique confluences of technology, institutional motivations, and public-private security arrangements. As the exceptional conditions of the mega-event become the norm, Security Games: Surveillance and Control at Mega-Events therefore provides the glimpse of a possible future that is more intensively and extensively monitored.

Transportation Network Companies and Taxis: The Case of Seattle is a modern economic case history and thorough analysis of the devastating impact of the transportation network company (TNC) industry (Uber and Lyft) on the taxicab industry in Seattle, Washington, beginning in 2014. The events that transpired and lessons learned are applicable to most large cities in North America, Europe and Australia. As the regulator of the taxicab and TNC industries in Seattle during this period, the author offers a unique insider perspective. The book also provides internal operating statistics on the TNC industry, which are available here for the first time. Despite the spectacular growth of the TNC industry, growth rates have steadily declined and may fall to zero by 2019 or 2020, while the taxicab industry appears to have begun a modest recovery. This book offers a thorough explanation of how and why this decline has happened. It explains the taxicab industry, economic deregulation, competitive market failure, market disruption, price elasticity of demand and other concepts. There is also a wealth of data, computations and analysis for the specialized reader. This book considers the past, present and future of the taxicab and TNC industries in Seattle, It is recommended for both the general reader and industry professionals.

England was unique among the medieval kingdoms of Western Europe. In addition to developing a system of national courts with an extensive original jurisdiction and run on quasi-bureaucratic lines by royal justices, it also gave birth to a single national customary law which was applicable throughout the country. This was partly the product of judicial decisions made by the royal courts and partly the product of legislation. The great formative period of the Commom Law began during the reign of King Henry II but continued through to the early fourteenth century. Paul Brand possesses an unrivalled knowledge of the published and unpublished sources for this critical period. The Making of the Common Law brings together his essays, some previously unpublished, on this period. The essays on the making of the English legal system (which complement his book on The Origins of the English Legal Profession) include an important essay on 'Henry II and the Creation of the English Common Law', and 'Courtroom and Schoolroom: The Education of Lawyers in England prior to 1400', the essay which won the 1988 Donald W. Sutherland Prize of the American Society for Legal History.The devlopment of English law is discussed in a number of essays including a critical introduction to the 'Milsom thesis' on the origins of England land law and 'Lordship and Distraint in Thirteenth-Century England', a major reappraisal of the balance of power between lords and tenants in this period. The Common Law was taken by settler from England to North America and to Australasia. Its earliest venture overseas, however, was to Ireland. The Making of the Common Law includes a number of important essays on the transfer of English law and the creation of a legal system modelled on that of England in the medieval English lordship of Ireland.

The Common Law is Oliver Wendell Holmes' most sustained work of jurisprudence. In it the careful reader will discern traces of his later thought as found in both his legal opinions and other writings. At the outset of The Common Law Holmes posits that he is concerned with establishing that the common law can meet the changing needs of society while preserving continuity with the past. A common law judge must be creative, both in determining the society's current needs, and in discerning how best to address these needs in a way that is continuous with past judicial decisions. In this way, the law evolves by moving out of its past, adapting to the needs of the present, and establishing a direction for the future. To Holmes' way of thinking, this approach is superior to imposing order in accordance with a philosophical position or theory because the law would thereby lose the flexibility it requires in responding to the needs and demands of disputing parties as well as society as a whole. According to Holmes, the social environment--the economic, moral, and political milieu--alters over time. Therefore, in order to remain responsive to this social environment, the law must change as well. But the law is also part of this environment and impacts it. There is, then, a continual reciprocity between the law and the social arrangements in which it is contextualized. And, as with the evolution of species, there is no starting over. Rather, in most cases, a judge takes existing legal concepts and principles, as these have been memorialized in legal precedent, and adapts them, often unconsciously, to fit the requirements of a particular case and present social conditions. Oliver Wendell Holmes, Jr. (1841-1935) served as chief justice of the Massachusetts Supreme Court and as an associate justice of the U.S. Supreme Court. He was nicknamed the "Great Dissenter" because of his many dissenting opinions. Holmes is also the author of Kent's Commentaries on the Law (1873) and "The Path of the Law" (1897). Tim Griffin has advanced degrees in philosophy and law, and has taught philosophy and legal theory courses at a number of universities. He is currently a seminarian pursuing ordination to the priesthood in the Episcopal Church.

The Oxford Handbook of Roman Law and Society surveys the landscape of contemporary research and charts principal directions of future inquiry. More than a history of doctrine or an account of jurisprudence, the Handbook brings to bear upon Roman legal study the full range of intellectual resources of contemporary legal history, from comparison to popular constitutionalism, from international private law to law and society, thereby setting itself apart from other volumes as a unique contribution to scholarship on its subject. The Handbook brings the study of Roman law into closer alignment and dialogue with historical, sociological, and anthropological research into law in other periods. It will therefore be of value not only to ancient historians and legal historians already focused on the ancient world, but to historians of all periods interested in law and its complex and multifaceted relationship to society.

Critical in style, From Heritage to Terrorism: Regulating Tourism in an Age of Uncertainty examines the law and its role in shaping and defining tourism and the tourist experience. Using a broad range of legal documents and other materials from a variety of disciplines, it surveys how the underlying values of tourism often conflict with a concern for human rights, cultural heritage and sustainable environments.

Departing from the view that within this context the law is simply relegated to dealing the 'hard edges' of the tourist industry and tourist behaviour, the authors explore:

• the ways that the law shapes the nature of tourism and how it can do this
• the need for a more focused role for law in tourism
• the law's current and potential role in dealing with the various tensions for tourism in the panic created by the spread of global terrorism.

Addressing a range of fundamental issues underlying global conflict and tourism, this thoroughly up-to-date and topical book is an essential read for all those interested in tourism and law.

For this wide-ranging collection, Professor Miller has drawn on the work of the best-known scholars in this field to explore the relationship between economics and law in ancient societies. Topics covered include: the methodology of ancient economic law; the genesis, structure and limitations on liability in ancient law; the law and economics of the family; the economic structure of land law in ancient times; the management of criminal behavior; the regulation of contracts and commercial transactions; economic markets and institutions of ancient times; bankruptcy and risk; and the economics of constitutional and administrative law in ancient legal systems.

In the two related works in this volume, Bentham offers a detailed critique of William Blackstone's Commentaries on the Laws of England (1765-9). In "Comment on the Commentaries," on which Bentham began work in 1774, he exposes the fallacies which he claims to have detected in Blackstone, and criticizes the theory of the Common Law. He goes on to provide important reflections on the nature of law, and more particularly on the nature of customary and of statute law, and on judicial interpretation.
A Fragment on Government, which was published in 1776, was detached from the "Comment on the Commentaries." Concentrating on a passage of five or six pages in which Blackstone discusses the origin of society and government, Bentham offers three main criticisms. First, he criticizes Blackstone's methodology for failing to distinguish between the role of the expositor and the role of the censor, and thereby confusing the question of what the law is with the question of what the law ought to be. Second, he criticizes Blackstone's assumption that the theory of the social contract represents an adequate justification of the obligation to obey government. Third, he criticizes Blackstone's theory of sovereignty, which claims that in every state there must exist some absolute, undivided power, whose commands are law. Bentham points to the existence of states where sovereign power is both divided and limited.
In these two works, published by OUP for the first time, Bentham outlines a number of themes which he goes on to develop in his later works: the principle of utility; the importance of a "natural arrangement" for a legal system; the point at which resistance to government becomesjustifiable; the exposition of legal terms; and much more.
The volume also contains Bentham's "Preface" intended for, but not published in, the second edition of A Fragment on Government, which appeared in 1823. Having by this committed himself to political radicalism, Bentham uses this occasion to reflect on the text and the circumstances in which it was produced.
The text has been edited by H.L.A. Hart and J.H. Burns, whose reputations in their respective fields of legal theory and history of political thought are unsurpassed. The volume contains an Editorial Introduction which explains the provenance of the text, and the method of presentation. The texts are fully annotated with textual and historical notes, and the volume is completed with a detailed subject index, based on a methodology devised by Hart.

This book explores how social and territorial boundaries have influenced the approaches and practices of the South Africa Police Service (SAPS). By means of a historical analysis of South Africa, this book introduces a new concept, ‘police frontierism’, which illuminates the nature of the relationships between the police, policing and boundaries, and can potentially be used for future case study research.

Drawing on a wealth of research, this book examines how social and territorial boundaries strongly influenced police practices and behaviour in South Africa, and how social delineations amplify and distort existing police prejudices against those communities on the other side of the boundary. Focusing on cases of high-density police operations, public-order policing and the recent policing of the COVID-19 lockdown, this book argues that poor economic conditions combined with an increased militarisation of the SAPS and a decline in public trust in the police will result in boundaries continuing to fundamentally inform police work in South Africa.

This book will be of interest to scholars and students interested in policing in post-colonial societies characterised by high levels of violence, as well as police work and police militarization.

Original and interdisciplinary, this is the first book to explore the relationship between a neoliberal mode of governance and the so-called genetic revolution. Looking at the knowledge-power relations in the post-genomic era and addressing the pressing issues of genetic privacy and discrimination in the context of neoliberal governance, this book demonstrates and explains the mechanisms of mutual production between biotechnology and cultural, political, economic and legal frameworks. In the first part Antoinette Rouvroy explores the social, political and economic conditions and consequences of this new 'perceptual regime'. In the second she pursues her analysis through a consideration of the impact of 'geneticization' on political support of the welfare state and on the operation of private health and life insurances. Genetics and neoliberalism, she argues, are complicit in fostering the belief that social and economic patterns have a fixed nature beyond the reach of democratic deliberation, whilst the characteristics of individuals are unusually plastic, and within the scope of individual choice and responsibility. This book will be of interest to all students of law, sociology and politics.

First published in 1997, this volume provides the reader from a common law background with an introduction to the Legal System and basic private law institutions of contemporary Italy. It aims to afford a basic understanding, rather than a detailed presentation, of Italian law, through an appreciation of its historical development within the civil law tradition and its place in that family of legal systems descended from Roman law. Having described Italy's place in European legal history and identified the main features of civil law systems generally, it examines the structure of the modern Italian State, its legislative process. Constitution, legal professions and systems of civil, criminal and administrative justice. The last third is devoted to private law, in particular the law relating to the family, property, contracts and civil wrongs, particular attention being paid to differences between the civil and common law approaches to these subjects. It is a readable, lucid and systematic account of its subject.

Affirmative Action and the Law analyses the practical application of affirmative action measures and their efficacy in achieving substantive equality through the lenses of the United Nations human rights machinery and the legal regime and policies implemented in China, India, Central and South America, South Africa and the United Kingdom. The product of a joint research project involving academics from the Brazil, Chile, Mexico, India, Spain and the United Kingdom, the findings identify and reflect on trends emerging from State practice across the world in eradicating structural inequality through special measures for certain designated groups. The book seeks to provide a coherent and systematic approach to the analysis of special measures in the targeted countries. It also comprises two case-studies with in-depth insights on gender diversity on the boards of public listed companies in the UK and the European Union and the access of persons with disabilities to higher education in Brazil. The book will be a valuable resource for students and academics in the field of human rights, law, sociology and politics. It will also provide a source of good practice for states and policy makers in the framing of responses to increased inequality at national and international level; and for civil society actors seeking to explore meaningful interaction with a highly controversial topic in society.

Customary Law in the Modern World is the study of a coherent and well-established legal system, which is now operating in the context of a modern nation-state and therefore poised between remaining relevant and the threat of marginalization. Focusing on Sudan, the author places customary law in its historical and cultural context, analyzing the fundamental and traditional values that underlie customary law and the impact of the war between the North and the South that lasted intermittently for half a century. He deals with the substance of customary law, covering a wide variety of areas: family law, property law, torts and criminal liability. Drawing on interviews conducted with judges, legislators and practicing lawyers on customary law and its future in the modern context, the book challenges the development of customary law to build on the positives of tradition and the reform of its shortcomings, particularly in the areas of human rights, gender equality and the protection of children. This book fills a gap in the literature on customary law, and will be of great interest to anyone interested in law, anthropology and politics.