Roman law forms an important part of the intellectual background of many legal systems currently in force in continental Europe, Latin America and other parts of the world. This book traces the historical development of Roman law from the earliest period of Roman history up to and including Justinian's codification in the sixth century AD. It examines the nature of the sources of law, forms of legal procedure, the mechanisms by which legal judgments were put into effect, the development of legal science and the role of the jurists in shaping the law. The final chapter of the book outlines the history of Roman law during the Middle Ages and discusses the way in which Roman law furnished the basis of the civil law systems of continental Europe. The book combines the perspectives of legal history with those of social, political and economic history. Special attention is given to the political development of the Roman society and to the historical events and socio-economic factors that influenced the growth and progress of the law. Designed to provide a general introduction to the history of Roman law, this book will appeal to law students whose course of studies includes Roman law, legal history and comparative law. It will also prove of value to students and scholars interested in ancient history and classics.

The story of the English barristers and the culture of common law between 1690 and 1820 is a complex one. In Professors of the Law David Lemmings provides a wealth of detail about barristers' numbers, education, working habits, reputation, and self-image, and compares them with colonial American lawyers. The broad-ranging conclusion suggests that the bar ultimately failed English society and contributed to the marginalization of the common law.

In this unique book Lord Woolf recounts his remarkable career and provides a personal and honest perspective on the most important developments in the common law over the last half century. The book opens with a comprehensive description of his family background, which was very influential on his later life, starting with the arrival of his grandparents as Jewish immigrants to England in 1870. His recollections of his early years and family, education and life as a student lead into his early career as a barrister and as a Treasury Devil, moving on to his judicial career and the many roles taken therein. The numerous standout moments examined include his work on access to the judiciary, prison reform, and suggested reforms to the European Court of Human Rights. Fascinating insights into the defining cases of his career, T AG v Jonathan Cape, Gouriet v Union of Post Office Workers, Tameside, Hazel v Hammersmith, M v Home Office, remind the reader of how impactful his influence has been. He considers the setting of the mandatory component of the life sentences of Thompson and Venables and the Diane Blood case. Alongside the case law, and the Woolf Reforms, the Constitutional Law Reform Act 2005 is also explored. Considering the ebb and flow of changes over his remarkable judicial life, Lord Woolf identifies those he welcomes, but also expresses regret on what has been lost. A book to remind lawyers, be they students, practitioners or scholars, of the power and importance of law. All author profits from the book will be donated to the Woolf Institute.

This volume provides an introduction to the major themes and theoretical perspectives of contemporary work in Law and Anthropology. It reflects both important recent ethnography of law and the state, and the dialogue of jurists and anthropologists concerning legal institutions in the present era of economic globalization and renewed civil and international conflict.

Ludic Ubuntu Ethics develops a positive peace vision, taking a bold look at African and Indigenous justice practices and proposes new relational justice models. 'Ubuntu' signifies shared humanity, presenting us a sociocentric perspective of life that is immensely helpful in rethinking the relation of offender and victim. In this book, Nagel introduces a new theoretical liberation model-ludic Ubuntu ethics-to showcase five different justice conceptions through a psychosocial lens, allowing for a contrasting analysis of negative Ubuntu (eg., through shaming and separation) towards positive Ubuntu (eg., mediation, healing circles, and practices that no longer rely on punishment). Providing a novel perspective on penal abolitionism, the volume draws on precolonial (pre-carceral) Indigenous justice perspectives and Black feminism, using discourse analysis and a constructivist approach to justice theory. Nagel also introduces readers to a post secular turn by taking seriously the spiritual dimensions of healing from harm and highlighting the community's response. Spanning disciplinary boundaries and aimed at readers seeking to understand how to move beyond reintegrative shaming and restorative justice theories, the volume will engage scholars of criminology, philosophy and law, and more specifically penal abolitionism, social ethics, peace studies, African studies, critical legal studies, and human rights. It will also be of great interest to practitioners and activists in restorative justice, mediation, social work, and performance studies.

Causation is an issue that is fundamental in both law and medicine, as well as the interface between the two disciplines. It is vital for the resolution of a great many disputes in court concerning personal injuries, medical negligence, criminal law and coronial issues, as well as in the provision of both diagnoses and treatment in medicine. This book offers a vital analysis of issues such as causation in law and medicine, issues of causal responsibility, agency and harm in criminal law, causation in forensic medicine, scientific and statistical approaches to causation, proof of cause, influence and effect, and causal responsibility in tort law. Including contributions from a number of distinguished doctors, lawyers and scientists, it will be of great interest and value to academics and practitioners alike.

There are twenty-nine Islamic law states (ILS) in the world today, and their Muslim population is over 900 million. Muslims in these countries-and, to some extent, all Muslims-are ethically, morally, doctrinally, or politically committed to the Islamic legal tradition, a unique logic and culture of justice based on nonconfrontational dispute resolution. In Islamic Law and International Law, Emilia Justyna Powell examines the differences and similarities between the Islamic legal tradition and international law, focusing in particular on the issue of conflict management and resolution. In many Islamic Law States, Islamic law displaces secular law in state governance and shapes these countries' international dealings. Powell considers why some of Islamic Law States accept international courts while others avoid them, stressing throughout that we cannot make blanket claims about such states. Each relationship is context-specific, hinging on the nature of the domestic legal system. Moreover, not all of these states are Islamic to the same degree or in the same way. Secular law and religious law fuse in different ways in different domestic legal systems. Often, the Islamic legal tradition points in one direction, while the Western-based, secularized international law points in another. However, Powell argues that Islamic legal tradition contains elements that are compatible with modern international law. She marshals original data on the legal systems structures in thirty Islamic Law States over the entire course of the post-World War Two era, and she draws from in-depth interviews with Islamic law scholars and leading practitioners of international law, including judges of the International Court of Justice. Rich in empirical evidence, this book will reshape how we think about the relationship between ILS and the international system.

An all-inclusive, exhaustive evaluation of the foreign policy of the European Union.Ten years ago the 2009 Lisbon Treaty put into place the legal and structural foundations for the European Union to play a role as a global actor. In the decade since, the EU itself has undergone intense political and economic stress, from debt crises to the rise of nationalist parties and the strains of Brexit. What effect have these changes had on the EU's foreign policy and its role in the world? This new edition of The Foreign Policy of the European Union offers an up-to-date and comprehensive examination of that question. The globe-spanning contributions to the book include a look at relations between Brussels and its regional neighbors, including Russia; the tensions that have arisen with the United States during the Trump administration; and the burgeoning relationship with China. How the EU is dealing with issues such as migration, terrorism, trade, and security round out the volume.

What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted.

The civil law systems of continental Europe, Latin America and other parts of the world, including Japan, share a common legal heritage derived from Roman law. However, it is an inheritance which has been modified and adapted over the centuries as a result of contact with Germanic legal concepts, the work of jurists in the mediaeval universities, the growth of the canon law of the western Church, the humanist scholarship of the Renaissance and the rationalism of the natural lawyers of the seventeenth and eighteenth centuries. This volume provides a critical appreciation of modern civilian systems by examining current rules and structures in the context of their 2,500 year development. It is not a narrative history of civil law, but an historical examination of the forces and influences which have shaped the form and the content of modern codes, as well as the legislative and judicial processes by which they are created are administered.

Hailed as one of the most important works in the history of sociology, and a precursor to the revolutionary theoretical approach of pure sociology, this short and lucid book is as relevant today as when it was first published in 1976. To honour this seminal book, Emerald is pleased to announce that it will publish a special edition of "The Behavior of Law," including a number of additional features: a new foreword from Mark Cooney; an interview with the author, entitled "How Law Behaves"; reflections from a number of prominent sociologists on "The Behavior of Law"'s impact over the last thirty years. It features an author profile written by Randall Collins.

This, the first volume to appear in the landmark new Oxford History of the Laws of England series, covers the years 1483 - 1558, a period of immense social, political, and intellectual change, which profoundly affected the law and its workings.

Sovereign wealth funds are state-controlled pools of capital that hold financial and real assets, including shares of state enterprises, and manage them to grow the nation's base of sovereign wealth. The dramatic rise of sovereign wealth funds (SWFs) in both number and size-this group is now larger than the size of global private equity and hedge funds, combined-and the fact that most are located in non-OECD countries, has raised concern about the direction of capitalism. Yet SWFs are not a homogenous group of actors. Why do some countries with large current account surpluses, notably China, create SWFs while others, such as Switzerland and Germany, do not? Why do other countries with no macroeconomic justification, such as Senegal and Turkey, create SWFs? And why do countries with similar macroeconomic features, such as Kuwait and Qatar or Singapore and Hong Kong, choose different types of SWFs? Capital Choices analyzes the creation of different SWFs from a comparative political economy perspective, arguing that different state-society structures at the sectoral level are the drivers for SWF variation. Juergen Braunstein focuses on the early formation period of SWFs, a critical but little understood area given the high levels of political sensitivity and lack of transparency that surround SWF creation. Braunstein's novel analytical framework provides practical lessons for the business and finance organizations and policymakers of countries that have created, or are planning to create, SWFs.

This book examines the national legal frameworks in place for internally displaced people in Nigeria and considers how they can be extended to provide further legal protection. Despite a growing global awareness of the importance of developing solutions to the problem of internal displacement, how that translates to national level response is often under-researched. This book focuses on Nigeria, where conflict and violence continue to drive high levels of displacement. The book begins by examining the definitions and causes of internal displacement in the national context, before considering the state of national law, and the applicability of the Kampala Convention for furthering protection and assistance for internally displaced persons. This book will be of interest to researchers of African studies and internal displacement, as well as to policy makers, civil society organizations, humanitarian actors and other regional and international stakeholders.

The main task of this book is to deliver an in-depth analysis of the idea of the state in the reflection of Robert von Mohl (1799-1875). This German liberal scholar and politician developed comprehensive theory of the state, which combined both absolutist and liberal trendencies. In the book, Von Mohl's political philosophy is depicted against the backdrop of the sociopolitical situation of German states in the nineteenth century.The main focus of the book is one of von Mohl's most important intelectual achievements, namely - the concept of Rechstaat. In conclusion, the author draws similarities between various von Mohl's ideas and the situation of contemporary legal institutions in Germany and Poland.

This collection contains texts from both fields of law and economics. The material demonstrates the complexity of correlating the two areas, examining the relationship between the economy and the legal system and exploring the fundamental social processes and problems involved therein.

Social Control Through Law is remarkable in manner and style. Roscoe Pound shows himself to be a jurist, philosopher, and scientist. For Pound, the subject matter of law involves examining manifestations of human nature which require social control to assert or realize individual expectations. Pound formulates a list of social-ethical principles, with a three-fold purpose. First, they are meant to identify and explain human claims, demands, or interests of a given social order. Second, they express what the majority of individuals in a given society want the law to do. Third, they are meant to guide the courts in applying the law.

Pound distinguishes between individual interests, public interests, and social interests. He warns that these three types of interests are overlapping and interdependent and that most claims, demands, and desires can be placed in all three categories. Pound's theory of social interests is crucial to his thinking about law and lies at the conceptual core of sociological jurisprudence. Pound explains that rights unlike interests, are plagued with a multiplicity of meanings. He rejects the idea of rights as being natural or inalienable, and argues that to the contrary, interests are natural.

The contemporary significance of the book is aptly demonstrated by the skyrocketing rate of litigation in our postmodern society. As the influence of familial and religious institutions declines, the courts exert an unprecedented degree of control over the public and private lives of most Americans. Law is now the paramount agency of social control. In the new introduction, A. Javier Trevino outlines the principal aspects of Roscoe Pound's legal philosophy as it is conveyed in several of his books, articles, and addresses, and shows their relationship to Social Control Through Law. This book is an insightful, concise summary of Pound's ideas that, after more than half a century, remains surprisingly fresh and relevant. It will doubtlessly continue to engage jurists, legal theorists, and sociologists for many years to come.

The Legal Theory of Ethical Positivism re-establishes some of the dogmas of classical legal positivism regarding the separation of legizlation and adjudication and the feasibility of institutionalizing the morally neutral application of rules as an ideal capable of significant realization. This is supplemented by an analysis of the formal similarities of the morally and legally adjudicative points of view which offers the prospects of attributing a degree of moral authority to positivistic rule application in particular cases. These theories are worked through in their application to specific problem areas, particularly freedom of communication.

Liberal concepts of democracy envision courts as key institutions for the promotion and protection of democratic regimes. Yet social science scholarship suggests that courts are fundamentally constrained in ways that undermine their ability to do so. Recognizing these constraints, this book argues that courts can influence regime instability by affecting inter-elite conflict. They do so in three ways: by helping leaders credibly reveal their rationales for policy choices that may appear to violate legal rules; by encouraging leaders to less frequently make decisions that raise concerns about rule violations; and by encouraging the opposition to accept potential rule violations. Courts promote the prudent use of power in each of these approaches. This book evaluates the implications of this argument using a century of global data tracking judicial politics and democratic survival.

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.

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.

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.

This book focuses on the continued impact of British colonial legacy on the rule of law in Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The legal system is intended to protect regular citizens, but within the majority of Africa the rule of law remains infused with Eurocentric cultural and linguistic tropes, which can leave its supposed beneficiaries feeling alienated from the structures intended to protect them. This book traces the impact, effect, opportunities, and challenges that the colonial legacy poses for the rule of law across Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The book examines the similarities and differences of the colonial legacy on the current legal landscape of each nation and the intersection with the rule of law. This important comparative study will be of interest to scholars of Political Science, International Studies, Law, African Politics, and British Colonial History.

This book is a philosophical inquiry into indigenous African legal ethics, asking what is African about African legal ethics? Taking us beyond a geographical understanding of Africa, the author argues for an African legal ethics that is distinct from non-African African legal ethics which are rooted in Euro-Western constructions. De-silencing African voices on African legal ethics this book decolonizes the prevailing wisdom on legal ethics and broadens our understanding of how law in Africa bears on ethics in Africa or, conversely, on how ethics bears on law in Africa. This book will be of interest to scholars of African philosophy, philosophy of law, and legal ethics.

Law and History contains a broad range of essays by prominent legal historians, which explore the ways in which history has been used by lawyers. Largely theoretical in focus, the volume covers a broad range of issues, including discussions of norms in medieval England, the works of Montesquieu, Maine, and Weber, and of the nature of legal argument in nineteenth-century England, and in twentieth- century war crimes trials.