The volume contains ten articles, including a penetrating analysis of the application of Jewish price fraud law to the workings of the present-day marketplace. Diverse in their scope and focus, the articles address legal, historical, textual, comparative and conceptual questions. The volume concludes with a survey of recent literature on biblical and Jewish law, and a chronicle section, which discusses recent Israeli and American court cases involving issues where Jewish law is of particular relevance, thereby making the Annual a journal of record.

This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples' human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples' lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples' rights to their customary legal regimes and states' obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

Broadly scanning the biologically oriented treatments for psychological disorders in 20th century psychiatry, the authors raise serious questions about the efficacy of the somatic treatments for psychological distress and challenge the widespread preference for biologically based treatments as the treatments of choice. For graduate and undergraduate courses in clinical, social, and health psychology, behavioral medicine, psychotherapy and psychoanalysis. psychopharmacology, psychiatry, and clinical social work.

Ubuntu: An African Jurisprudence examines how and why South African courts and law-makers have been using the concept of ubuntu over the last thirty years, reflecting the views of judges and scholars, and above all proclaiming the importance of this new idea for South African legal thinking. Although ubuntu is the product of relations in and between the close-knit groups of a precolonial society, its basic aims - social harmony and caring for others - give it an inherently inclusive scope. This principle is therefore quite capable of embracing all those who constitute the heterogeneous populations of modern states. Included in this work are discussions of two traditional institutions that provide model settings for the realisation of ubuntu: imbizo, national gatherings consulted by traditional rulers to decide matters of general concern, and indaba, a typically African process of making decisions based on the consensus of the group. Courts and law-makers have used imbizo to give effect to the constitutional requirement of participatory democracy, and indaba to suggest an alternative method of decision-making to systems of majority voting. Ubuntu offers something extraordinarily valuable to South Africa and, in fact, to the wider world. Its emphasis on our responsibility for the welfare of our fellow beings acts as a timely antidote not only to the typically rationalist, disinterested system of justice in Western law, but also to the sense of anomie so prevalent in today's society.

Our world and the people within it are increasingly interpreted and classified by automated systems. At the same time, automated classifications influence what happens in the physical world. These entanglements change what it means to interact with governance, and shift what elements of our identity are knowable and meaningful. In this cyber-physical world, or 'world state', what is the role for law? Specifically, how should law address the claim that computational systems know us better than we know ourselves? Monitoring Laws traces the history of government profiling from the invention of photography through to emerging applications of computer vision for personality and behavioral analysis. It asks what dimensions of profiling have provoked legal intervention in the past, and what is different about contemporary profiling that requires updating our legal tools. This work should be read by anyone interested in how computation is changing society and governance, and what it is about people that law should protect in a computational world.

The Moral Limits of Law analyses the related debates concerning the moral obligation to obey the law, conscientious citizenship, and state legitimacy. Modern societies are drawn in a tension between the centripetal pull of the local and the centrifugal stress of the global. Boundaries that once appeared permanent are now permeable: transnational legal, economic, and trade institutions increasingly erode the autonomy of states. Nonetheless transnational principles are still typically effected through state law. For law's subjects, this tension brings into focus the interaction of legal and moral obligations and the legitimacy of state authority. This volume incorporates a comprehensive critical analysis of the methodology and substance of the debates in recent legal, political, and moral philosophy, regarding political obligation and the moral obligation to obey the law. The author argues that traditional accounts of political obligation that assume a bounded conception of the polity are no longer tenable. Higgins therefore presents an original theory of the conscientious agent's attitude towards law that accommodates the contemporary social tension between local and global obligations.

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.

Challenging the usual introductions to the study of law, A Critical Introduction to Law argues that law is inherently political and reflects the interests of the few even while presenting itself as neutral. This fully revised and updated fourth edition provides contemporary examples to demonstrate the relevance of these arguments in the twenty-first century. The book includes an analysis of the common sense of law; the use of anthropological examples to gain external perspectives of our use and understanding of law; a consideration of central legal concepts, such as order, rules, property, dispute resolution, legitimation and the rule of law; an examination of the role of law in women's subordination and finally a critique of the effect of our understanding of law upon the wider world. Clearly written and admirably suited to provoking discussions on the role of law in our contemporary world, this book is ideal for undergraduate and postgraduate students reading law, and will be of interest to those studying legal systems and skills courses, jurisprudence courses, and law and society.

Conceptualizing the curse as the representation of a foundational, mythical violence that is embedded within juridical discourse, Shakespeare's Curse pursues a reading of Richard III, King John, and King Lear in order to analyse the persistence of imprecations in the discourses of modernity. Shakespeare wrote during a period that was transformative in the development of juridical thinking. However, taking up the relationship between theatre, theology and law, Bjoern Quiring argues that the curse was not eliminated from legal discourses during this modernization of jurisprudence; rather, it persisted and to this day continues to haunt numerous speech acts. Drawing on the work of Derrida, Lacan, Walter Benjamin and Giorgio Agamben, among others, Quiring analyses the performativity of the curse, and tracks its power through the juristic themes that are pursued within Shakespeare's plays - such as sovereignty, legitimacy, succession, obligation, exception, and natural law. Thus, this book provides an original and important insight into early modern legal developments, as well as a fresh perspective on some of Shakespeare's best-known works. A fascinating interdisciplinary study, this book will interest students and scholars of Law, Literature, and History.

European culture has been greatly influenced by the Christian Church and Greek and Roman culture. However, the peoples of Europe's remote past, whom the Greeks, Romans, and their medieval heirs called the "barbarians", also left their mark. Closely examining ancient and medieval narratives and the codifications of laws, this thoughtfully conducted comparative study sheds light on the illiterate societies of the early Germanic and Slavic peoples. The picture that emerges is one of communities built on kinship, neighborly, and tribal relations, where decision making, judgement, and punishment were carried out collectively, and the distinction between the sacred and profane was unknown.

In Australia, the US, England, Scotland, Italy, France and in Egypt there have been repetitive calls to legislate against the practices of female circumcision described as female genital mutilation. But in western countries where anti-female genital mutilation legislation has been passed there has been little or no consultation with the communities in which the practices occur: documents are published only in English, and community responses are ignored or simply deemed biased or irrelevant. Opportunities for dialogue quickly turn into opportunities for education and legislation about the unacceptability of the practices. But why are communities denied their capacity to speak and influence political opinion and legal decision making? Why in an era of human rights, which heralds the importance of self-determination, freedom of expression and women's participation in political arenas, are women from these communities unable to engage in dialogue on this practice? Law's Cut on the Body of Human Rights considers how such assertive legislative responses, and this lack of curiosity and consultation with communities, points to a particular liberal investment the practices called female genital mutilation and what they signify. Drawing on psychoanalytic theory, Juliet Rogers examines the language of recent statutes and, where relevant, some of the accompanying policies and broader media debates, Female genital mutilation, she argues, elicits such a singular legal response insofar as it embodies that subjectivity against which the very subject of liberal law is imagined - and only imagined - to exist: in a state of non-mutilation, non-prohibition or, in a psychoanalytic idiom, non-castration.

This volume contains a selection of the most important articles on the issue of the evolution of the common law. The notion that evolutionary forces would lead to common law efficiency has been very influential in the study of the economics of law. Even those scholars who do not believe that the law is efficient will find it useful to consider the evolutionary forces identified in this volume.In an even-handed approach, Professor Rubin has selected not only articles which advance the hypothesis of efficient evolution, but also those which claim that the evolutionary process is not efficient. Further articles show that the process is indeed sometimes efficient and sometimes not, and identify those conditions which bring about more of less efficiency in the evolution of law. This authoritative collection will be useful to anyone who is concerned with the sources of efficiency and inefficiency in the law, as well as to scholars pursuing research in this area.

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.

Due Process is one of the most interesting and conceptually challenging areas of the common law, and in recent years there has been a major revival of interest in the sheer range and applicability of the term. In this major new book, the author of the widely admired Discretionary Powers offers a study of the underlying principles of due process and fair procedures, and sets the discussion within a broad comparative and theoretical framework. In landmark decisions such as Ridge v. Baldwin (1968) the courts in Britain and other parts of the Commonwealth have begun to recognize the importance of procedural fairness across a broad spectrum of official powers and decisions. Principles have begun to emerge, and yet the courts have not yet developed an approach which is entirely adequate to the task. In this timely book, the author traces the development of these principles within a framework which includes analysis and critique of legal developments in the major common law jurisdictions, and which relates these developments to similar ideas under both the European Convention on Human Rights and the American Constitution. Original, scholarly and thought-provoking, this major new study will be required reading for lawyers with interests in public law, civil and criminal procedure, civil liberties, legal theory and comparative law.

A Study of Mixed Legal Systems: Endangered, Entrenched, or Blended takes the reader on a fascinating voyage of discovery. It includes case studies of a number of systems from across the globe: Cyprus, Guyana, Jersey, Mauritius, Philippines, Quebec, St Lucia, Scotland, and Seychelles. Each combines its legal legacies in novel ways. Large and small, in Europe and beyond, some are sovereign, some part of larger political units. Some are monolingual, some bilingual, some multilingual. Along with an analytical introduction and conclusion, the chapters explore the manner in which the elements of these mixed systems may be seen to be 'entrenched', 'endangered', or 'blended'. It explores how this process of legal change happens, questions whether some systems are at greater risk than others, and details the strategies that have been adopted to accelerate or counteract change. The studies involve consideration of the colourful histories of the jurisdictions, of their complex relationships to parent legal systems and traditions, and of language, legal education and legal actors. The volume also considers whether the experiences of these systems can tell us something about legal mixtures and movements generally. Indeed, the volume will be helpful both for scholars and students with a special interest in mixed legal systems as well as anyone interested in comparative law and legal history, in the diversity and dynamism of law.

This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples' human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples' lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples' rights to their customary legal regimes and states' obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

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.'

Maps the landscape of contemporary informational interests. Of considerable interest to those working at the intersection of law and technology, as well as others concerned with the legal, political, and social aspects of our information society.

Explores the relationship between sexuality and politics in Britain's recent political past. Includes four case studies to illustrate the arguments made. Important contribution to the understandings of sexuality, identity and inequalities, as well as of crisis and neoliberalism.

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.

Originally published between 1920-70,The History of Civilization was a landmark in early twentieth century publishing. It was published at a formative time within the social sciences, and during a period of decisive historical discovery. The aim of the general editor, C.K. Ogden, was to summarize the most up to date findings and theories of historians, anthropologists, archaeologists and sociologists. This reprinted material is available as a set or in the following groupings: * Prehistory and Historical Ethnography Set of 12: 0-415-15611-4: GBP800.00 * Greek Civilization Set of 7: 0-415-15612-2: GBP450.00 * Roman Civilization Set of 6: 0-415-15613-0: GBP400.00 * Eastern Civilizations Set of 10: 0-415-15614-9: GBP650.00 * Judaeo-Christian Civilization Set of 4: 0-415-15615-7: GBP250.00 * European Civilization Set of 11: 0-415-15616-5: GBP700.00

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.

First published in 1986. Western law is normally regarded as universal when considered from the fact that it has been received and utilized by non-Western countries as the basis of their own state legal systems. The reception of Western law by non-Western countries in modern times is the most influential encounter of non-Western law with foreign law. The major portion of this book is a collection of descriptions of typical non-Western countries from this viewpoint by native scholars.

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.