This volume arises from the inaugural Public Law Conference hosted in September 2014 by the Centre for Public Law at the University of Cambridge, which brought together leading public lawyers from a number of common law jurisdictions. While those from such jurisdictions share background understandings, significant differences within the common law world create opportunities for valuable exchanges of ideas and debate. This collection draws upon one of the principal sub-themes that emerged during the conference - namely, the the way in which relationships and distinctions between the notions of 'process' and 'substance' play out in relation to and inform adjudication in public law cases. The essays contained in this volume address those issues from a variety of perspectives. While the bulk of the chapters consider topical issues in judicial review, either on common law or human rights grounds, or both, other chapters adopt more theoretical, historical, empirical or contextual approaches. Concluding chapters reflect generally on the papers in the collection and the value of facilitating cross-jurisdictional dialogue.

This book explores key innovations in Rwandan law, exploring how the country has tried to combine the homegrown legal system with the civil law and common law legal systems to create a new hybrid legal system. The author explores the history of Rwandan law through the pre-colonial, to colonial and post-independence periods, and examines the homegrown legal and justice approaches, such as Gacaca, Abunzi, and Imihigo, introduced to deal with legal problems that could not be dealt with using the western legal system in post genocide Rwanda. The book highlights the innovative Rwandan approach to incorporating international law in the domestic legal system; it also covers the evolution of Rwandan constitutional law and constitutionalism since independence, and the development of family law from a legal system that oppressed women to one that promotes the rights of girls and women. Finally, the book explores the combination of common law and civil law systems in the development of the new Rwandan criminal law and in the transformation of the organization, jurisdiction, and functioning of Rwandan courts. This book will be of interest to scholars and students of African law, international law, and the legal system in Rwanda.

This book examines the detrimental impact of illicit financial flows on South Africa's development, political economy, and transformation in the 21st century. Over the years, illicit financial flows have led to the systematic looting and channelling away of South African resources, yet they are rarely studied by researchers looking to explain the country's underdevelopment and political economy. This book looks across sectors, showing that illicit financial flows cut across all the key pillars of development, frustrating the betterment of peoples' lives in South Africa. Investigating the problem from a decolonial perspective, the book delves deep into the catastrophic impacts of illicit financial flows for people and the economy, discusses how the problem is being combatted, and ultimately suggests solutions for rebuilding social trust between people and the state. Making an important contribution to the decolonial debate, as well as to discussions of South Africa's political economy, this book will be of interest to researchers across African studies, global development, political science, law and corruption studies.

Public Finance and Parliamentary Constitutionalism analyses constitutionalism and public finance (tax, expenditure, audit, sovereign borrowing and monetary finance) in Anglophone parliamentary systems of government. The book surveys the history of public finance law in the UK, its export throughout the British Empire, and its entrenchment in Commonwealth constitutions. It explains how modern constitutionalism was shaped by the financial impact of warfare, welfare-state programs and the growth of central banking. It then provides a case study analysis of the impact of economic conditions on governments' financial behaviour, focusing on the UK's and Australia's responses to the financial crisis, and the judiciary's position vis-a-vis the state's financial powers. Throughout, it questions orthodox accounts of financial constitutionalism (particularly the views of A. V. Dicey) and the democratic legitimacy of public finance. Currently ignored aspects of government behaviour are analysed in-depth, particularly the constitutional role of central banks and sovereign debt markets.

In this colorful and consistently engaging work, law and economics professor Gillian Hadfield picks up where New York Times columnist Thomas Friedman left off in his influential 2005 book, The World is Flat. Friedman was focused on the infrastructure of communications and technology-the new web-based platform that allows business to follow the hunt for lower costs, higher value and greater efficiency around the planet seemingly oblivious to the boundaries of nation states. Hadfield peels back this technological platform to look at the 'structure that lies beneath'-our legal infrastructure, the platform of rules about who can do what, when and how. Often taken for granted, economic growth throughout human history has depended at least as much on the evolution of new systems of rules to support ever-more complex modes of cooperation and trade as it has on technological innovation. When Google rolled out YouTube in over one hundred countries around the globe simultaneously, for example, it faced not only the challenges of technology but also the staggering problem of how to build success in the context of a bewildering and often conflicting patchwork of nation-state-based laws and legal systems affecting every aspect of the business-contract, copyright, encryption, censorship, advertising and more. Google is not alone. A study presented at the World Economic Forum in Davos in 2011 found that for global firms, the number one challenge of the modern economy is increasing complexity, and the number one source of complexity is law. Today, even our startups, the engines of economic growth, are global from Day One. Put simply, the law and legal methods on which we currently rely have failed to evolve along with technology. They are increasingly unable to cope with the speed, complexity, and constant border-crossing of our new globally inter-connected environment. Our current legal systems are still rooted in the politics-based nation state platform on which the industrial revolution was built. Hadfield argues that even though these systems supported fantastic growth over the past two centuries, today they are too slow, costly, cumbersome and localized to support the exponential rise in economic complexity they fostered. While everything else in the economy strives to become cheaper, sleeker and faster, our outdated approach to law hampers the invention of new products, the development of new business models, the structuring of global supply chains, the management of the risks posed by complex technologies, the evolution of financial, ecological, and other systems, as well as the protection of people and businesses as they and their products travel around the globe. They also fail to address looming challenges such as global warming and the reduction of poverty and oppression in the developing countries that are the backyard of global business. The answer to our troubles with law, however, is not the one critics usually reach for-to have less of it. Recognizing that law provides critical infrastructure for the cooperation and collaboration on which economic growth is built is the first step, Hadfield argues, to building a legal environment that does more of what we need it to do and less of what we don't. Through a sweeping review of first the invention and then the evolution of law over thousands of years of human development and the ways in which rule systems have consistently adapted to higher levels of complexity, Hadfield stresses that the state-based legal systems governing us today are not the only way to build the planks of a legal platform. Going back to fundamentals, she shows how historically, law's primary purpose has been to help societies to cope with the essential issues of trust, commitment, risk-allocation, and distribution that we face in coordinating cooperative ventures. While nation-state laws will never disappear, the time has come for us to supplement our legal infrastructure with rules developed on the same global platform as our economy. Hadfield offers a model for a more market- and globally-oriented legal system that fosters greater participation of end-users, market actors, and other non-governmental entities. Combining an impressive grasp of the empirical details of economic globalization with an ambitious re-envisioning of our global legal system, Rules for a Flat World promises to be a crucial and influential intervention into the debates surrounding how best to manage the evolving global economy.

Roman families were infinitely diverse, but the basis of Roman civil law was the familia, a strictly-defined group consisting of a head, paterfamilias, and his descendants in the male line. Recent work on the Roman family mainly ignores the familia, in favour of examining such matters as emotional relationships within families, the practical effects of control by a paterfamilias, and demographic factors producing families which did not fit the familia-pattern. This book investigates the interrelationship between family and familia, especially how families exploited the legal rules for their own ends, and disrupted the familia, by use of emancipation (release from patria potestas) and adoption. It also traces legal responses to the effects of demographic factors, which gave increased importance to maternal connections, and to social, such as the difficulties for ex-slaves in conforming to the familia-pattern. The familia as a legal institution remained virtually unchanged; nevertheless Roman family law underwent substantial changes, to meet the needs and desires of Roman society.

Justice and Human Rights in the African Imagination is an interdisciplinary reading of justice in literary texts and memoirs, films, and social anthropological texts in postcolonial Africa. Inspired by Nelson Mandela and South Africa's robust achievements in human rights, this book argues that the notion of restorative justice is integral to the proper functioning of participatory democracy and belongs to the moral architecture of any decent society. Focusing on the efforts by African writers, scholars, artists, and activists to build flourishing communities, the author discusses various quests for justice such as environmental justice, social justice, intimate justice, and restorative justice. It discusses in particular ecological violence, human rights abuses such as witchcraft accusations, the plight of people affected by disability, homophobia, misogyny, and sex trafficking, and forgiveness. This book will be of interest to scholars of African literature and films, literature and human rights, and literature and the environment. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003148272, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

The Tractate Ketubot ("marriage contracts") discusses the mutual obligations of man and wife, the wife's property, the law of inheritance in the female line and the widow's rights. The Tractate Nidda ("Female impurity") regulates conduct during menstruation (cf. Lev 15:19ff) and after birth (Lev 12); further topics are women's life stages, puberty and various medical questions.

In Staging the Trials of Modernism, Dale Barleben explores the interactions among literature, cultural studies, and the law through detailed analyses of select British modern writers including Oscar Wilde, Joseph Conrad, Ford Madox Ford, and James Joyce. By tracing the relationships between the literature, authors, media, and judicial procedure of the time, Barleben illuminates the somewhat macabre element of modern British trial process, which still enacts and re-enacts itself throughout contemporary judicial systems of the British Commonwealth. Using little seen legal documents, like Ford's contempt trial decision, Staging the Trials of Modernism uncovers the conversations between the interior style of British Modern authors and the ways in which law began rethinking concepts like intent and the subconscious. Barleben's fresh insights offer a nuanced look into the ways in which law influences literary production.

The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.

We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"--rules that vary person by person--will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.

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.

Countries emerging from violent conflict face difficult challenges about what the role of media should be in political transitions, particularly when attempting to build a new state and balance a difficult legacy. Media, Conflict, and the State in Africa discusses how ideas, institutions and interests have shaped media systems in some of Africa's most complex state and nation-building projects. This timely book comes at a turbulent moment in global politics as waves of populist protests gain traction, and concerns continue to grow about fake news, social media echo chambers, and the increasing role of both traditional and new media in waging wars or influencing elections. Focusing on comparative cases from a historical perspective and the choices and ideas that informed the approaches of some of Africa's leaders, including guerrilla commanders Yoweri Museveni of Uganda and Meles Zenawi of Ethiopia, Nicole Stremlau offers a unique political insight into the development of contemporary media systems in Africa.

Outside the United States, Norway's 1814 constitution is the oldest still in force. Constitutional judicial review has been a part of Norwegian court decision-making for most of these 200 years. Since the 1990s, Norway has also exercised review under the European Convention of Human Rights (ECHR). Judicial review of legislation can be controversial: having unelected judges overruling popularly elected majorities seems undemocratic. Yet Norway remains one of the most democratic countries in the world. How does Norway manage the balance between democracy and judicial oversight? Author Anine Kierulf tells the story of Norwegian constitutionalism from 1814 until today through the lens of judicial review debates and cases. This study adds important insights into the social and political justifications for an active judicial review component in a constitutional democracy. Anine Kierulf argues that the Norwegian model of judicial review provides a useful perspective on the dichotomy of American and European constitutionalism.

Comparative constitutional law has a long pedigree, but the comparative study of constitution-making has emerged and taken form only in the last quarter-century. While much of the initial impetus came from the study of the American and French constituent assemblies in the late eighteenth century, this volume exemplifies the large comparative scope of current research. The contributors discuss constituent assemblies in South East Asia, North Africa and the Middle East, Latin America, and in Nordic countries. Among the new insights they provide is a better understanding of how constituent assemblies may fail, either by not producing a document at all or by adopting a constitution that fails to serve as a neutral framework for ordinary politics. In a theoretical afterword, Jon Elster, an inspirational thinker on the current topic, offers an analysis of the micro-foundations of constitution-making, with special emphasis on the role of crises-generated passions.

Bringing a unique perspective to the burgeoning ethical and legal issues surrounding the presence of artificial intelligence in our daily lives, the book uses theory and practice on animal rights and the rights of nature to assess the status of robots. Through extensive philosophical and legal analyses, the book explores how rights can be applied to nonhuman entities. This task is completed by developing a framework useful for determining the kinds of personhood for which a nonhuman entity might be eligible, and a critical environmental ethic that extends moral and legal consideration to nonhumans. The framework and ethic are then applied to two hypothetical situations involving real-world technology-animal-like robot companions and humanoid sex robots. Additionally, the book approaches the subject from multiple perspectives, providing a comparative study of legal cases on animal rights and the rights of nature from around the world and insights from structured interviews with leading experts in the field of robotics. Ending with a call to rethink the concept of rights in the Anthropocene, suggestions for further research are made. An essential read for scholars and students interested in robot, animal and environmental law, as well as those interested in technology more generally, the book is a ground-breaking study of an increasingly relevant topic, as robots become ubiquitous in modern society. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/ISBN, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

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.

Many companies that have become household names have avoided billions in taxes by 'parking' their valuable intellectual property (IP) assets in holding companies located in tax-favored jurisdictions. In the United States, for example, many domestic companies have moved their IP to tax-favored states such as Delaware or Nevada, while multinational companies have done the same by setting up foreign subsidiaries in Ireland, Singapore, Switzerland, and the Netherlands. In this illuminating work, tax scholar Jeffrey A. Maine teams up with IP expert Xuan-Thao Nguyen to explain how the use of these IP holding companies has become economically unjustified and socially unacceptable, and how numerous calls for change have been made. This book should be read by anyone interested in how corporations - including Gore-Tex, Victoria's Secret, Sherwin-Williams, Toys-R-Us, Apple, Microsoft, and Uber - have avoided tax liability with IP holding companies and how different constituencies are working to stop them.

On a planet where urbanization is rapidly expanding, nowhere is the growth more pronounced than in cities of the global South, and in particular, Africa. African metropolises are harbingers of the urban challenges that lie ahead as societies grapple with the fractured social, economic, and political relations forming within these new, often mega, cities. The African Metropolis integrates geographical and historical perspectives to examine how processes of segregation, marginalization, resilience, and resistance are shaping cities across Africa, spanning from Nigeria and Ghana to Kenya, Ethiopia, and South Africa. The chapters pay particular attention to the voices and daily realities of those most vulnerable to urban transformations, and to questions such as: Who governs? Who should the city serve? Who has a right to the city? And how can the built spaces and contentious legacies of colonialism and prior development regimes be inclusively reconstructed? In addition to highlighting critical contemporary debates, the book furthers our ability to examine the transformations taking place in cities of the global South, providing detailed accounts of local complexities while also generating insights that can scale up and across to similar cities around the world. This book will be of interest to students and scholars of African Studies, urban development and human geography.

The Plot to Change America exposes the myths that help identity politics perpetuate itself. This book reveals what has really happened, explains why it is urgent to change course, and offers a strategy to do so. Though we should not fool ourselves into thinking that it will be easy to eliminate identity politics, we should not overthink it, either. Identity politics relies on the creation of groups and then on giving people incentives to adhere to them. If we eliminate group making and the enticements, we can get rid of identity politics. The first myth that this book exposes is that identity politics is a grassroots movement, when from the beginning it has been, and continues to be, an elite project. For too long, we have lived with the fairy tale that America has organically grown into a nation gripped by victimhood and identitarian division; that it is all the result of legitimate demands by minorities for recognition or restitutions for past wrongs. The second myth is that identity politics is a response to the demographic change this country has undergone since immigration laws were radically changed in 1965. Another myth we are told is that to fight these changes is as depraved as it is futile, since by 2040, America will be a minority-majority country, anyway. This book helps to explain that none of these things are necessarily true.

The Roman Empire was one of the largest and most enduring in world history. In his new book, distinguished historian W. V. Harris sets out to explain, within an eclectic theoretical framework, the waxing and eventual waning of Roman imperial power, together with the Roman community's internal power structures (political power, social power, gender power and economic power). Effectively integrating analysis with a compelling narrative, he traces this linkage between the external and the internal through three very long periods, and part of the originality of the book is that it almost uniquely considers both the gradual rise of the Roman Empire and its demise as an empire in the fifth and seventh centuries AD. Professor Harris contends that comparing the Romans of these diverse periods sharply illuminates both the growth and the shrinkage of Roman power as well as the Empire's extraordinary durability.

The pluralist turn in jurisprudence has led to a search for new ways of thinking about law. The relationships between state law and other legal orders such as international, customary, transnational or indigenous law are particularly significant in this development. Collecting together new work by leading scholars in the field, this volume considers the basic questions about what would be an appropriate theoretical response to this shift: how precisely is it to be undertaken? Is it called for by developments in legal practice or are these adequately addressed by current legal theory? What normative challenges are raised, and what fresh promises might the pluralist turn hold? What distinctive insights can it offer for theorising about law? This book presents a rich variety of resources drawn from a number of theoretical approaches and demonstrates how they might be brought together to generate an increasingly important pluralist jurisprudence.

Using a variety of historical sources and methodological approaches, this book presents the first large-scale study of single men and women in the Roman world, from the Roman Republic to Late Antiquity and covering virtually all periods of the ancient Mediterranean. It asks how singleness was defined and for what reasons people might find themselves unmarried. While marriage was generally favoured by philosophers and legislators, with the arguments against largely confined to genres like satire and comedy, the advent of Christianity brought about a more complex range of thinking regarding its desirability. Demographic, archaeological and socio-economic perspectives are considered, and in particular the relationship of singleness to the Roman household and family structures. The volume concludes by introducing a number of comparative perspectives, drawn from the early Islamic world and from other parts of Europe down to and including the nineteenth century, in order to highlight possibilities for the Roman world.

What is the relationship between the strength of a country's democracy and the ability of its courts to address deficiencies in the electoral process? Drawing a distinction between democracies that can be characterised as 'dominant-party' (for example Singapore, Malaysia, and Hong Kong), 'dynamic' (for example India, South Korea, and Taiwan), and 'fragile' (for example Thailand, Pakistan ,and Bangladesh), this book explores how democracy sustains and is sustained by the exercise of judicial power. In dominant-party systems, courts can only pursue 'dialogic' pathways to constrain the government's authoritarian tendencies. On the other hand, in dynamic democracies, courts can more successfully innovate and make systemic changes to the electoral system. Finally, in fragile democracies, where a country regularly oscillates between martial law and civilian rule, their courts tend to consistently overreach, and this often facilitates or precipitates a hostile take-over by the armed forces, and lead to the demise of the rule of law.

Always the serious student's choice for a Trusts Law textbook, the new seventh edition of Moffat's Trusts Law once again provides a clear examination of the rules of Trusts, retaining its hallmark combination of a contextualised approach and a commercial focus. The impact of statutory developments and a wealth of new cases - including the Supreme Court and Privy Council decisions in Patel v. Mirza [2016] UKSC 42, PJS v. News Group Newspapers Ltd [2016] UKSC, Burnden Holdings v. Fielding [2018] UKSC 14, and Federal Republic of Brazil v. Durant [2015] UKPC 35 - are explored. A streamlining of the chapters on charitable Trusts, better to align the book with the typical Trusts Law course, helps students understand the new directions being taken in the areas of Trust Law and equitable remedies.