The Roman Catholic Church's first significant legislative enactment on the nature and role of the Catholic university, the apostolic constitution "Ex corde Ecclesiae" (1990) grew out of thirty years of dialogue between ecclesiastical authorities and academic representatives. The final document affirms the explicit Catholic identity of Catholic educational institutions and outlines provisions for maintaining that identity; the questions of how to implement its provisions have in turn created the need for more dialogue and examination. In this volume, distinguished scholars and legal experts define the key questions and explore the future implications of "Ex corde" for American Catholic colleges and universities.

The assertion of the Catholic identity of Catholic institutions of higher education prompts the contributors to examine the definition of Catholic education as a special synthesis of the religious and the academic, of faith and reason; and to discuss corollary issues such as secularization; the counter-cultural features of Catholic education; and the great diversity of such schools in the United States and of their sponsoring religious orders. The contributors probe the schools' relationships with the Church hierarchy, exploring in particular the role of the bishops, the degree of autonomy from ecclesiastical control, and questions of academic freedom. They also consider specific legal issues that American Catholic colleges must face, including recognition of student groups, tenure and promotion decisions, governance, student and faculty conduct, and the relationship between canon and civil law, including compliance with national and local civil rights provisions. This volume also includes the complete text in English of "Ex corde Ecclesiae" and the preliminary draft of ordinances from the "Ex corde Ecclesiae" Implementation Committee of the National Conference of Catholic Bishops.

Appearing at a time when universities must face major issues of their own identity and governance, this volume will be of interest to all faculty and administrators, diocesan authorities and legal counsel, and everyone concerned with the future of Catholic higher education.

The most important creation of the Romans was their law. In this book, Dr Tellegen-Couperus discusses the way in which the Roman jurists created and developed law and the way in which Roman law has come down to us. Special attention is given to questions such as `who were the jurists and their law schools' and to the close connection between jurists and the politics of their time.

"The Mythology of Modern Law" is a radical reappraisal of the role of myth in modern society. Fitzpatrick uses the example of law, an integral category of modern social thought, to challenge the claims of modernity which deny the relevance of myth to the practice of law in modern society. Peter Fitzpatrick argues that law is mythic both in its origin and as a continuing social force, and depends for its identity on other mythic categories, such as the nation, the individual and the "sciences of man and society". He traces the development of the hold of mythology on Western society to the Enlightenment, despite the supposedly secular rationality of that period, and shows how it was strengthened by the experience of imperialism, when European identity was created in opposition to racially defined "others". Challenging and controversial, "The Mythology of Modern Law" questions current conceptions of legal and social theory. It revises the very foundations of jurisprudence and the sociology of law and undermines the exclusive stands taken within these disciplines.

In this important book, Elspeth Reid presents an exhaustive, integrated treatment of the law of Delict in Scotland.The volume covers negligence, injuries to specific interests (such as defamation and assault), statutory liability, and defences and remedies. Alongside its focus upon the Scots sources, where appropriate it also gives full consideration to case law and commentary from other jurisdictions, especially England and Wales.

Carefully structured and supported with a wealth of examples, Elise Muir provides a clear, concise introduction to the EU legal order. Drawing upon her years of teaching experience, Muir outlines the history of the EU, its key actors, modes of action and its daily relevance. Offering students and instructors an up-to-date textbook, Muir pays attention to the latest developments, including the impacts of Brexit and the Covid-19 crisis. Written for students from a range of disciplines and levels of study, this book explains how the EU legal order works. Muir illuminates the complex and technical areas of EU institutional law through explanatory illustrations, schemes, and textboxes. With this engaging and accessible resource, students will be well-equipped to understand the fundamentals and functioning of the EU legal order.

This book deals with the interconnection between the Brussels I Recast and Rome I Regulations and addresses the question of uniform interpretation. A consistent understanding of scope and provisions is suggested by the preamble of the Rome I Regulation. Without doubt, it is fair to presume that the same terms bear the same meaning throughout the Regulations. The author takes a closer look at the Regulations' systems, guiding principles, and their balance of flexibility and legal certainty. He starts from the premise that such analysis should prove particularly rewarding as both legal acts have their specific DNA: The Brussels I Recast Regulation has a procedural focus when it governs the allocation of jurisdiction and the free circulation of judgments. The multilateral rules under the Rome I Regulation, by contrast, are animated by conflict of laws methods and focus on the delimitation of legal systems. This fourth volume in the Short Studies in Private International Law Series is primarily aimed at legal academics in private international law and advanced students. But it should also prove an intriguing read for legal practitioners in international litigation. Christoph Schmon is a legal expert in the fields of Private International Law, Consumer Law, and Digital Rights. After serving in research positions at academic institutes in Vienna and London, he focused on EU policy and law making. He is appointed expert of advisory groups to the EU Commission.

Through the lenses of comparative and critical rhetoric, this book theorizes how alternative approaches to communication can transform legal meanings and legal outcomes, infusing them with more inclusive participation, equity and justice. Viewing legal language through a radical lens, the book sets aside longstanding norms that derive from White and Euro-centric approaches in order to re-situate legal methods as products of new rhetorical models that come from diasporic and non-Western cultures. The book urges readers to re-consider how they think about logic and rhetoric and to consider other ways of building knowledge that can heal the law's current structures that often perpetuate and reinforce systems of privilege and power.

This insightful two-volume set presents a careful selection of the most important published papers on the economics of antitrust law. The collection focuses on areas of major importance including market power, horizontal arrangements, and vertical arrangements and exclusionary behaviour. It includes seminal papers on topics such as oligopoly and collusion, horizontal mergers and joint ventures, exclusive dealing and resale price maintenance. The Economics of Antitrust Law will be an essential source of reference for economists, lawyers and practitioners concerned with this important and controversial area of law and economics.

This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court's decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The work is divided into seven parts. Parts I-V identify the worst decisions in the Court history and the common themes that helped produce them. The chapters within each part are dedicated to a single Supreme Court decision, in which the authors analyze the Court's reasoning and explain why it undermined federalism, separation of powers, and democratic governance. Additionally, the authors explain why these decisions compromised the relationship between the Court and coordinate branches, the federal government and the states, and citizens and their elected representatives. Part VI identifies several of the best Supreme Court decisions, and explains why they provide a principled framework that can be applied in other cases and result in a pro-democracy jurisprudence. Finally, in Part VII the authors propose a comprehensive solution that should inform the Justices' judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.

In this first of a definitive seven-volume work to be published by Transaction, by Gray L. Dorsey, a major figure in the philos-ophy and history of law, the ancient roots of the culture of Western jurisprudence are treated. This volume explores the forma-tion and regulation of societies in early Greece and classical Rome in relation to prevailing beliefs about reality, knowing, and desiring. And while part of a series, the volume clearly stands on its own.

The central question addressed in this fundamental reexamination of the organi-zation and regulation of antiquity is how, in a world in which major physical and human events are defined as in control of the gods, and with few mortals said to pos-sess such powers, did the Greeks and Ro-mans distribute decision-making powers to ensure survival and wealth? The meth-ods by which these issues are addressed is called "Jurisculture" to distinguish it from the analytical procedures of either philoso-phy or empirical social research.

Jurisculture identifies sets of mean-ings that derive from premises about real-ity and human nature, and beliefs con-sidered basic in organizing and controlling that reality. This work aims at nothing less than the discovery of new interrelations between prevailing ideas of antiquity and their codification and implementation in legal institutions and principles.

This volume is addressed to those people who are concerned with the wise and effective use of public discourse to ar-rive at prudent national and foreign pol-icies. Professor Dorsey discusses philosophical and social ideas, but always in the context of their implications for the prob-lems of organizing and regulating human cooperation. The emergence of the phi-losophy of law has made possible the rapid development of normative theory in the social sciences. This volume provides a powerful historical and analytical tool for this broad-sweeping development.

This book, from a top international group of scholars, explores the ways in which economic tools can be used to improve the quality of regulation in general and legislative tools in particular. As the role of law becomes increasingly important in China, the question arises of how effective regulatory and legislative tools can be developed to accompany the Chinese evolution towards a welfare state. China therefore provides a unique case study for scholars and policymakers interested in examining how regulation can play a role in promoting sustainable development. Economics and Regulation in China goes beyond traditional economic analysis of law by focusing specifically on the question of how economic tools can guide the quality of legislation. To this end, the book centres in on three areas: regulation as a tool of economic growth, competition policy and environmental policy. Not only are these three domains of great importance for China, but they are also relevant for a broad scholarship interested in the economic analysis of law. This volume contributes to discussions on how ex-ante evaluation of legislative proposals and ex-post analysis can increase the effectiveness and efficiency of regulation, using economic tools, offering insights that go beyond the particular case of China. The analysis offered by this book makes it an invaluable resource for academics and policymakers alike.

We think of law as rules whose words are binding, used by the courts in the adjudication of disputes. Bernard S. Jackson explains that early biblical law was significantly different, and that many of the laws in the Covenant Code in Exodus should be viewed as "wisdom-laws." By this term, he means "self-executing" rules, the provisions of which permit their application without recourse to the law-courts or similar institutions. They thus conform to two tenets of the "wisdom tradition": that judicial dispute should be avoided, and that the law is a type of teaching, or "wisdom."

This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court's decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The work is divided into seven parts. Parts I-V identify the worst decisions in the Court history and the common themes that helped produce them. The chapters within each part are dedicated to a single Supreme Court decision, in which the authors analyze the Court's reasoning and explain why it undermined federalism, separation of powers, and democratic governance. Additionally, the authors explain why these decisions compromised the relationship between the Court and coordinate branches, the federal government and the states, and citizens and their elected representatives. Part VI identifies several of the best Supreme Court decisions, and explains why they provide a principled framework that can be applied in other cases and result in a pro-democracy jurisprudence. Finally, in Part VII the authors propose a comprehensive solution that should inform the Justices' judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.

'If Henriques were a fictional character, he would be a celebrity, the kind of dashing, hawkish QC who turns up in Agatha Christie novels and is recognised by everybody... There is an undeniable, lawyerly authenticity about Henriques's book. He takes us meticulously through his cases... It is fascinating to read.' - Dominic Sandbrook, Sunday Times Sir Richard Henriques has been centre stage in some of the most high-profile and notorious cases of the late 20th and early 21st centuries. After taking silk in 1986, over the course of the next 14 years he appeared in no fewer than 106 murder trials, including prosecuting Harold Shipman, Britain's most prolific serial killer, and the killers of James Bulger. In 2000 he was appointed to the High Court Bench and tried the transatlantic airline plot, the Morecambe Bay cockle pickers, the killing of Jean Charles de Menezes, and many other cases. He sat in the Court of Appeal on the appeals of Barry George, then convicted of murdering Jill Dando, and Jeremy Bamber, the White House Farm killer. In From Crime to Crime he not only recreates some of his most famous cases but also includes his trenchant views on the state of the British judicial system; how it works - or doesn't - and the current threats to the rule of law that affect us all.

Hong Kong is one of the very few places in the world where the common law can be practiced in a language other than English. Introduced into the courtroom over a decade ago, Cantonese has significantly altered the everyday working of the common law in China's most Westernized city. In "The Common Law in Two Voices," Ng explores how English and Cantonese respectively reinforce and undermine the practice of legal formalism.
This first-ever ethnographic study of Hong Kong's unique legal system in the midst of social and political transition, this book provides important insights into the social nature of language and the work of institutions. Ng contends that the dilemma of legal bilingualism in Hong Kong is emblematic of the inherent tensions of postcolonial Hong Kong. Through the legal dramas presented in the book, readers will get a fresh look at the former British colony that is now searching for its identity within a powerful China.

Over two billion people still live under authoritarian rule. Moreover, authoritarian regimes around the world command enormous financial and economic resources, rivaling those controlled by advanced democracies. Yet authoritarian regimes as a whole are facing their greatest challenges in the recent two decades due to rebellions and economic stress. Extended periods of hardship have the potential of introducing instability to regimes because members of the existing ruling coalition suffer welfare losses that force them to consider alternatives, while previously quiescent masses may consider collective uprisings a worthwhile gamble in the face of declining standards of living. Economic Shocks and Authoritarian Stability homes in on the economic challenges facing authoritarian regimes through a set of comparative case studies that include Iran, Iraq under Saddam Hussein, Malaysia, Indonesia, Russia, the Eastern bloc countries, China, and Taiwan-authored by the top experts in these countries. Through these comparative case studies, this volume provides readers with the analytical tools for assessing whether the current round of economic shocks will lead to political instability or even regime change among the world's autocracies. This volume identifies the duration of economic shocks, the regime's control over the financial system, and the strength of the ruling party as key variables to explain whether authoritarian regimes would maintain the status quo, adjust their support coalitions, or fall from power after economic shocks.

Malaysia's 2018 election (GE14) brought down a ruling party in power since independence in 1957. This book tells the full story of this historic election, combining a sharp analysis of the voting data with consideration of the key issues, campaign strategies, and mobilization efforts that played out during the election period in April and May of 2018. This analysis is then used to bring fresh ideas and perspectives to bear on the core debates about Malaysian political ideas, identities and behaviors, debates that continue to shape the country's destiny. However optimistic many Malaysians may be for the possibility of a more representative, accountable, participatory, and equitable polity, the authors do not see GE14 as a clear harbinger of full-on liberalization in Malaysia. While the political aftermath of the election continues to play out, the authors provide a clarion call for deeper, more critical, more comparative research on Malaysia's politics. They complicate well-known angles on and elevate too-little-studied dimensions of Malaysian politics, and suggest agendas for empirically interesting, theoretically relevant further research. They also point to the broader insights Malaysia's experience provides for the study of elections and political change in one-party dominant states around the world.

This work, like its two predecessors, is divided into two parts. Part One sets out in a clearly understandable manner the main principles underlying the law of negotiable instruments. Part Two contains the text of the Bills of Exchange Act 34 of 1964 (as amended by Act 56 of 2000) and conveniently and methodically deals consecutively with each section accompanied by a detailed commentary thereon.

Given that persons typically have a right not to be subjected to the hard treatment of punishment, it would seem natural to conclude that the permissibility of punishment is centrally a question of rights. Despite this, the vast majority of theorists working on punishment focus instead on important aims, such as achieving retributive justice, deterring crime, restoring victims, or expressing society's core values. Wellman contends that these aims may well explain why we should want a properly constructed system of punishment, but none shows why it would be permissible to institute one. Only a rights-based analysis will suffice, because the type of justification we seek for punishment must demonstrate that punishment is permissible, and it would be permissible only if it violated no one's rights. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment by culpably violating (or at least attempting to violate) the rights of others. After defending rights forfeiture theory against the standard objections, Wellman explains this theory's implications for a number of core issues in criminal law, including the authority of the state, international criminal law, the proper scope of the criminal law and the tort/crime distinction, procedural rights, and the justification of mala prohibita.

Reflection on natural law reaches a highpoint during the Middle Ages. Not only do Christian thinkers work out the first systematic accounts of natural law and articulate the framework for subsequent reflection, the Jewish and Islamic traditions also develop their own canonical statements on the moral authority of reason vis-à-vis divine law. In the view of some, they thereby articulate their own theories of natural law. These various traditions of medieval reflection on natural law, and their interrelation, merit further study, particularly since they touch upon many current philosophical concerns. They grapple with the problem of ethical and religious pluralism. They consider whether universally valid standards of action and social life are accessible to those who rely on reason rather than divine law. In so doing, they develop sophisticated accounts of many central issues in metaethics, action theory, jurisprudence, and the philosophy of religion. However, do they reach a consensus about natural law, or do they end up defending incommensurable ethical frameworks? Do they confirm the value of arguments based on natural law or do they cast doubt on it? This collection brings together contributions from various expert scholars to explore these issues and the pluralism that exists within medieval reflection on natural law. It is the first one to study the relation between the natural law theories of these various traditions of medieval philosophy: Jewish, Islamic, Byzantine, and Latin. Each of the first four essays surveys the 'natural law theory' of one of the religious traditions of medieval philosophy—Jewish, Islamic, Byzantine, and Latin—and its relation to the others. The next four essays explore some of the alternative accounts of natural law that arise within the Latin tradition. They range over St. Bonaventure, Peter of Tarentaise, Matthew of Aquasparta, John Duns Scotus, and Marsilius of Padua.

Rome was the law-giver for much of the modern world. She was also the greatest military power of antiquity, operating her military organization with remarkable efficiency and effectiveness throughout most of the then-known world. In view of the importance of both the legal and military aspects of the Roman Empire, an account of their combination in a system of disciplinary control for the Roman armies is of considerable significance to historians in both fields-and, in fact, to scholars in general. In Roman Military Law,C. E. Brand describes this system of control. Since a characterization of such a system can be made most meaningful only against a background of Roman constitutional government and in the light of ideologies current at the time, Brand follows his initial "Note on Sources" with a sketch of the contemporary Roman scene. This first section includes a discussion of the Roman constitution and an examination ofRoman criminal law. The history of Rome, as a republic, principate, and empire, extended over a period of a thousand years, so any attempt to represent a generalized picture must be essentially a matter of extraction and condensation from the voluminous literature of the whole era. Nevertheless, from the fantastic evolution that is the history of Rome, Brand has been able to construct a more or less static historical mosaic that may be considered typically"Roman." This comes into sharpest focus during the period of the PunicWars, when the city and its people were most intensely Roman. The picture of the Roman armies is set into this basic framework, in chapters dealing with military organization, disciplinary organization, religion and discipline, and offenses and punishments. The final section of the book considers briefly the vast changes in Romaninstitutions that came about under the armies of the Empire, and then concludes with the Latin text and an English translation of the only knowncode of Roman military justice, promulgated sometime during the laterEmpire, preserved in Byzantine literature, and handed down to medieval times in Latin translations of Byzantine Greek law, which it has heretofore been confused.

This book is an analytical study of the current English law of traditional contracts of employment and of other personal employment contracts. Concentrating on the common law basis of individual employment law, it takes full account of relevant British and European Community legislation up to and including the Employment Act 2002. It argues for, and is constructed around a whole new category of employment contracts, which includes not only contracts of employment but also other "personal employment contracts", a concept which the author articulates and justifies.

Enacted in 1860, the Indian Penal Code is the longest serving and one of the most influential criminal codes in the common law world. This book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of Thomas Macaulay, the principal drafter of the Code. The book comprises chapters which examine the general principles of criminal responsibility from the perspective of Macaulay, and from more recent accounts by lawmakers and reformers. These are framed by chapters that examine the history and conceptual underpinnings of Macaulay's Code, consider the need to revitalize the Indian Penal Code, and review the current challenges of principled criminal law reform and codification. This book is a valuable reference on the Indian Penal Code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. It also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists.