Examining the development and design of regulatory structures in the online environment, The Regulation of Cyberspace considers current practices and suggests a regulatory model that acknowledges its complexity and how it can be used by regulators to provide a more comprehensive regulatory structure for cyberspace.

Drawing on the work of cyber-regulatory theorists, such as Yochai Benkler, Andrew Shapiro and Lawrence Lessig, Murray explores and analyzes how all forms of control, including design and market controls, as well as traditional command and control regulation, are applied within the complex and flexible environment of cyberspace. It includes chapters on:

• the role of the cyberlawyer
• environmental design and control
• online communities
• cyber laws and cyber law-making.

This book is an essential read for anyone interested in law and information technology.

This book charts the formation of the French Civil Code, examining both its public and private effects. From the sixteenth to the eighteenth century, French private law was very different in the various parts of the country. In northern and central France, there were as many as sixty-five general customs in force, as well as over three hundred local customs, often differing from them in detail. As the feeling of nationhood grew, so did the idea of replacing the existing variety of laws by a single private law, possibly a code, common to all of France. 'A single body of law, called the Code Civil is to be created' proclaimed the Law of 21 March 1804, which was created by the amalgamation of thirty-six texts. The French Civil Code analyzes the Code using contemporary and modern sources, including the beautiful and concise extract from H.A.L. Fisher's History of Europe which gives an English historian's appraisal of Napoleon's contribution to the Code Civil. This text will appeal to all students of and those with an interest in international law.

This book charts the formation of the French Civil Code, examining both its public and private effects. From the sixteenth to the eighteenth century, French private law was very different in the various parts of the country. In northern and central France, there were as many as sixty-five general customs in force, as well as over three hundred local customs, often differing from them in detail. As the feeling of nationhood grew, so did the idea of replacing the existing variety of laws by a single private law, possibly a code, common to all of France. 'A single body of law, called the Code Civil is to be created' proclaimed the Law of 21 March 1804, which was created by the amalgamation of thirty-six texts. The French Civil Code analyzes the Code using contemporary and modern sources, including the beautiful and concise extract from H.A.L. Fisher's History of Europe which gives an English historian's appraisal of Napoleon's contribution to the Code Civil. This text will appeal to all students of and those with an interest in international law.

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.

"Cannibalism and the Common Law" is an enthralling classic of legal history. It tells the tragic story of the yacht Mignonette, which foundered on its way from England to Australia in 1884. The killing and eating of one of the crew, Richard Parker, led to the leading case in the defence of necessity, R. v. Dudley and Stephens. It resulted in their being convicted and sentenced to death, a sentence subsequently commuted. In this tour de force Brian Simpson sets the legal proceedings in their broadest historical context, providing a detailed account of the events and characters involved and of life at sea in the time of sail. Cannibalism and the Common Law is a demonstration that legal history can be written in human terms and can be compulsive reading. This brilliant and fascinating book, a marvelous example of eareful historical detection, and first-class legal history, written by a master.

Criminal Law, Twelfth Edition, a classic introduction to criminal law for criminal justice students, combines the best features of a casebook and a textbook. Its success over numerous editions, both at community colleges as well as in four-year college criminal justice programs, is proof this text works as an authoritative source on criminal law, as well as a teaching text that communicates with students. The book covers substantive criminal law and explores its principles, sources, distinctions, and limitations. Definitions and elements of crimes are explained, and defenses to crimes are thoroughly analyzed. Each chapter offers guidance to help students understand what is important, including chapter outlines, key terms, learning objectives, Legal News boxes that highlight current criminal law issues, and Quick Checks that cue the reader to stop and answer a question or two concerning the material just covered. Unique Exploring Case Law boxes offer guidance in using the accompanying cases, which are provided on the book's website and in Part II of this textbook. A robust collection of instructor support materials addresses teaching and learning issues. Updated with all the newest relevant law, this book is appropriate for undergraduate students in criminal law and related courses.

Is it "just words" when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it "just words" when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or "multimodal," communication in legal settings and law, language, and race.

This work examines the ability of existing and evolving PMC regulation to adequately control private force, and it challenges the capacity of international law to deliver accountability in the event of private military company (PMC) misconduct. From medieval to early modern history, private soldiers dominated the military realm and were fundamental to the waging of wars until the rise of a national citizen army. Today, PMCs are again a significant force, performing various security, logistics, and strategy functions across the world. Unlike mercenaries or any other form of irregular force, PMCs acquired a corporate legal personality, a legitimising status that alters the governance model of today. Drawing on historical examples of different forms of governance, the relationship between neoliberal states and private military companies is conceptualised here as a form of a 'shared governance'. It reflects states' reliance on PMCs relinquishing a degree of their power and transferring certain functions to the private sector. As non-state actors grow in authority, wielding power, and making claims to legitimacy through self-regulation, other sources of law also become imaginable and relevant to enact regulation and invoke responsibility.

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.

Despite plague, fire, political upheaval and religious strife, in the 17th century English people of all kinds used mediation and arbitration routinely to help resolve their differences. Kings and poor widows were parties. Kings and yeomen arbitrated. Francis Bacon, Edward Coke, Samuel Pepys, Robert Hooke and James I himself all took what they called arbitrament for granted as the best way of resolving all kinds of disputes they could not manage themselves. The redoubtable Lady Anne Clifford was exceptional; she successfully withstood the insistent demands of James I to arbitrate in her land dispute with her husband and family. Women appear as often as men in many of the primary sources and have a chapter to themselves. There are five parts: Part One describes the background; Part Two the subject matter: land, family and business; Part Three the people: parties and arbitrators; Part Four the law, and Part Five draws conclusions. The 17th century saw great changes in English life, but few and only towards its end in the ways in which parties managed their disputes by arbitrament, usually asking an even number of third parties, first to arrange a settlement as mediators and, if that failed, to adjudicate as arbitrators. Parties relied on bonds to ensure each other's performance of the submission and award. But, as the century drew to its close, lawyers advised their clients to take advantage of the courts' offer to accept a claim and, with the parties' consent, to refer it to arbitration, with arbitrators appointed by the court. That process came to be called a rule of court and the Government established it by the Arbitration Act 1698.

Modern Beirut was a city of major importance in the Roman world, as one the three main centers for the study of Roman law. For this study Linda Jones Hall exploits the numerous primary sources, including inscriptions, religious histories, literary references, legal codes, and archaeological reports, to present a composite history of late antique Berytus - from its founding as a Roman colony in the time of Augustus, to its development into a center of legal study under Justinian.
The book examines all aspects of life in the city, including geographical setting, economic base, built environment, political structures, religious transitions from paganism to Christianity, and the self-identity of the inhabitants in terms of ethnicity and occupation. The full texts of numerous narratives are presented to reveal the aspirations of the law students, the professors, and their fellow citizens such as the artisans. The study also explores the cultural implications of the city's Greek, Roman and then Syro-Phoencianheritage.
This volume provides the first detailed investigation of late antique Phoenicia, analyzing the governors' and inhabitants' perception of themselves as Phoenician rather than Syrian. Professor Jones Hall also looks at how religious affiliations are traced among pagans, Jews, and Christians. Though a study of the bishops and the churches, she shows that religious adherence was a much more complex issue that the simple Monophysite interpretation usually presented.

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.

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.

Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development, the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.

Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development, the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.

No sitting federal judge has ever written so trenchant a critique of the federal judiciary as Richard A. Posner does in this, his most confrontational book. Skewering the politicization of the Supreme Court, the mismanagement of judicial staff, the overly complex system of appeals, the threat of originalism, outdated procedures, and the backward-looking traditions of law schools and the American judicial system, Posner has written a cri de coeur and a battle cry. With the prospect that the Supreme Court will soon be remade in substantial, potentially revanchist, ways, The Federal Judiciary exposes the American legal system's most troubling failures in order to instigate much-needed reforms. Posner presents excerpts from legal texts and arguments to expose their flaws, incorporating his own explanation and judgment to educate readers in the mechanics of judicial thinking. This rigorous intellectual work separates sound logic from artful rhetoric designed to subvert precedent and open the door to oblique interpretations of American constitutional law. In a rebuke of Justice Antonin Scalia's legacy, Posner shows how originalists have used these rhetorical strategies to advance a self-serving political agenda. Judicial culture adheres to an antiquated traditionalism, Posner argues, that inhibits progressive responses to threats from new technologies and other unforeseen challenges to society. With practical prescriptions for overhauling judicial practices and precedents, The Federal Judiciary offers an unequaled resource for understanding the institution designed by the founders to check congressional and presidential power and resist its abuse.

This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.

First published in 1998, this book is an exposition of the law of defamation as it applies in those countries (excluding South Africa). It discusses or refers to hundreds of cases from those jurisdictions, as well as many important precedents from England, analysing the law and discussing how far the courts have developed their own approaches to the law, and to what extent the law reflects the values of traditional society and customary law. It thus shows how the law is being used in a field which is both intensely political and reflects important social interests. Though directed mainly at legal practitioners, teachers and students, therefore, it would be of interest to the media - the defendants in the overwhelming majority of the cases-and to scholars in the social sciences.

Over the past two decades, the banking industry has expanded and consolidated at a stunningly unprecedented speed. In this time banks have also moved from focusing purely on commercial banking activities to being heavily involved in market-based and transaction-oriented wholesale and investment banking activities. By carrying out an all-encompassing set of activities, banks have become large, complex, interconnected, and inclined to levels of risk-taking not previously seen. With the onset of the 2008 global financial crisis it became apparent that there was an issue of institutions being too big to fail. This book analyses the too-big-to-fail problem of banks in the EU. It approaches the topic from an interdisciplinary perspective using behavioural finance as a tool to examine the occurrence of the global financial crisis and the emergence of the structural problem in large banking institutions. The book draws a comparison between the EU, the US and the UK and the relevant rules to assess the effectiveness of various approaches to regulation in a global context. Chen Chen Hu goes on to use behavioural analyses to provide new insights in evaluating the current structural reform rules in the EU Proposal on Bank Structural Regulation and the newly adopted bank recovery and resolution regime in the EU Bank Recovery and Resolution Directive and the Single Resolution Mechanism (SRM) in the Single Resolution Regulation.

Disruptions as Opportunities: Governing Chinese Society with Interactive Authoritarianism addresses the long-standing puzzle of why China outlived other one-party authoritarian regimes with particular attention to how the state manages an emerging civil society. Drawing upon over 1,200 survey responses conducted in 126 villages in the Sichuan province, as well as 70 interviews conducted with Civil Society Organization (CSO) leaders and government officials, participant observation, and online research, the book proposes a new theory of interactive authoritarianism to explain how an adaptive authoritarian state manages nascent civil society. Sun argues that when new phenomena and forces are introduced into Chinese society, the Chinese state adopts a three-stage interactive approach toward societal actors: toleration, differentiation, and legalization without institutionalization. Sun looks to three disruptions-earthquakes, internet censorship, and social-media-based guerilla resistance to the ride-sharing industry-to test his theory about the three-stage interactive authoritarian approach and argues that the Chinese government evolves and consolidates its power in moments of crisis.

Disruptions as Opportunities: Governing Chinese Society with Interactive Authoritarianism addresses the long-standing puzzle of why China outlived other one-party authoritarian regimes with particular attention to how the state manages an emerging civil society. Drawing upon over 1,200 survey responses conducted in 126 villages in the Sichuan province, as well as 70 interviews conducted with Civil Society Organization (CSO) leaders and government officials, participant observation, and online research, the book proposes a new theory of interactive authoritarianism to explain how an adaptive authoritarian state manages nascent civil society. Sun argues that when new phenomena and forces are introduced into Chinese society, the Chinese state adopts a three-stage interactive approach toward societal actors: toleration, differentiation, and legalization without institutionalization. Sun looks to three disruptions-earthquakes, internet censorship, and social-media-based guerilla resistance to the ride-sharing industry-to test his theory about the three-stage interactive authoritarian approach and argues that the Chinese government evolves and consolidates its power in moments of crisis.

It is widely recognized that Roman law is an important source of information about women in the Roman world, and can present a more rounded and accurate picture than literary sources. This sourcebook fully exploits the rich legal material of the imperial period - from Augustus (31 BCE - 14 CE) to the end of the western Roman Empire (476 CE), incorporating both pagan and Christian eras, and explaining the rights women held under Roman law, the restrictions to which they were subject, and legal regulations on marriage, divorce and widowhood.

Jurists and Jurisprudence in Medieval Italy is an original collection of texts exemplifying medieval Italian jurisprudence, known as the ius commune. Translated for the first time into English, many of the texts exist only in early printed editions and manuscripts. Featuring commentaries by leading medieval civil law jurists, notably Azo Portius, Accursius, Albertus Gandinus, Bartolus of Sassoferrato, and Baldus de Ubaldis, this book covers a wide range of topics, including how to teach and study law, the production of legal texts, the ethical norms guiding practitioners, civil and criminal procedures, and family matters. The translations, together with context-setting introductions, highlight fundamental legal concepts and practices and the milieu in which jurists operated. They offer entry points for exploring perennial subjects such as the professionalization of lawyers, the tangled relationship between law and morality, the role of gender in the socio-legal order, and the extent to which the ius commune can be considered an autonomous system of law.

The innovative and revolutionary scholarship of the eminent Austrian legal theorist and professor of Roman law, Eugen Ehrlich (1862-1922) is of a very high caliber. His work has not only held its place well in view of what legal theory, especially sociological legal theory, has to offer, but is also still a powerful challenge to positions in legal theory that are no longer defensible. The sociology of law has followed in a direct line of succession from Ehrlich's observations and ideas as a new and special discipline linking jurisprudence with sociology.

Because Ehrlich's texts in English have long been unavailable, many of his ideas, while commonplace in sociological research and theory, are not commonly attributed to his work. The new introduction by Klaus Ziegert addresses some of the reasons Ehrlich has been overlooked in the literature. In so doing, Siegert to sketches the context in which Ehrlich worked and discusses his major tenets.

Among the topics covered in Ziegert's substantial introduction to this volume is the current relevance of Ehrlich's work. He also addresses the key issues in socio-legal theory and methodology, which were touched upon by Ehrlich and are still very much at the cutting edge of socio-legal research and a sociological theory of law. This book will be of keen interest to students of sociological theory and law.