Born in Ireland in 1879, W.P.M. Kennedy was a distinguished Canadian academic and the leading Canadian constitutional law scholar for much of the twentieth century. Despite his trailblazing career and intriguing personal life, Kennedy's story is largely a mystery. Weaving together a number of key events, Martin L. Friedland's lively biography discusses Kennedy's contributions as a legal and interdisciplinary scholar, his work at the University of Toronto where he founded the Faculty of Law, as well as his personal life, detailing stories about his family and important friends, such as Prime Minister Mackenzie King. Kennedy earned a reputation in some circles for being something of a scoundrel, and Friedland does not shy away from addressing Kennedy's exaggerated involvement in drafting the Irish constitution, his relationships with female students, and his quest for recognition. Throughout the biography, Friedland interjects with his own personal narratives surrounding his interactions with the Kennedy family, and how he came to acquire the private letters noted in the book. The result is a readable, accessible biography of an important figure in the history of Canadian intellectual life.

International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains human rights by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.

Jewish law is a singular legal system that has been evolving for generations. Often conflated with Biblical law or Israeli law, Jewish law needs to be studied in its own right. An Introduction to Jewish Law expounds the general structure of Jewish law and presents the cardinal principles of this religious legal system. An introduction to modern Jewish law as it applies to the daily life of Jews around the world, this volume presents Jewish law in a way that answers all the questions that a student of comparative law would ask when encountering an unfamiliar legal system. Sources of Jewish law such as revelation, rabbinical and communal legislation, judicial decisions, and legal reasoning are defined and analyzed, and the authority of who decides what Jewish law is and why their decisions are binding is investigated.

This controversial book explores the potential for the use of lotteries in social, and particularly legal, decision-making contexts. Utilizing a variety of disciplines and materials, the author considers in detail the history, advantages, and drawbacks of deciding issues of social significance by lot and argues that the value of the lottery as a legal decision-making device has generally been underestimated. The final chapter of the book considers how lotteries might be combined with other decision-mechanisms and suggests that it may sometimes be sensible to require that adjudication takes place in the shadow of the lottery.

Focusing on U.S. property rights law and the notions of private property and the Rule of Law, this book paints an unconventional picture of law and rights in general. Law and rights shift and cycle as systematic factors like increasing numbers and complexity produce tough institutional choices and unexpected combinations of goals and institutions, such as private property best protected by the unconstrained political process and communitarian values best achieved through exit and atomistic markets. These forces also frustrate attempts to export the U.S. image of rights. Although there may be an important role for law, rights and courts both in the U.S. and abroad, it can not be easily defined. This book proposes a way to define that role and to change the way we look at law.

"Works such as A Law of Her Own expose the injustices in our society, provide different perspectives, and stimulate discussion. . . . Forell and Matthews' contribution to the debate should not be overlooked."
--"Law & Life"

Despite the apparent progress in women's legal status, the law retains a profoundly male bias, and as such contributes to the pervasive violence and injustice against women.

In A Law of Her Own, the authors propose to radically change law's fundamental paradigm by introducing a "reasonable woman standard" for measuring men's behavior. Advocating that courts apply this standard to the conduct of men-and women-in legal settings where women are overwhelmingly the injured parties, the authors seek to eliminate the victimization and objectification of women by dismantling part of the legal structure that supports their subordination.

A woman-based legal standard-focusing on respect for bodily integrity, agency, and autonomy-would help rectify the imbalance in how society and its legal system view sexual and gender-based harassment, rape, stalking, battery, domestic imprisonment, violence, and death.

Examining the bias of the existing "reasonable person" standard through analysis of various court cases and judicial decisions, A Law of Her Own aims to balance the law to incorporate women's values surrounding sex and violence.

This profound and scholarly treatise develops a critical version of legal positivism as the basis for modern legal scholarship. Departing from the formalism of Hart and Kelsen and blending the European tradition of Weber, Habermas and Foucault with the Anglo-American contributions of Dworkin and MacCormick, Tuori presents the normative and practical faces of law as a multilayered phenomenon within which there is an important role for critical legal dogmatics in furthering law's self-understanding and coherence. Its themes also resonate with importance for the development of the European legal system.

In Reagan and Gorbachev, Jack F. Matlock, Jr., gives an eyewitness account of how the Cold War ended, with humankind declared the winner. As Reagan's principal adviser on Soviet and European affairs, and later as the U.S. ambassador to the U.S.S.R., Matlock lived history: He was the point person for Reagan's evolving policy of conciliation toward the Soviet Union. Working from his own papers, recent interviews with major figures, and archival sources both here and abroad, Matlock offers an insider's perspective on a diplomatic campaign far more sophisticated than previously thought, led by two men of surpassing vision.
Matlock details how, from the start of his term, Reagan privately pursued improved U.S.--U.S.S.R. relations, while rebuilding America's military and fighting will in order to confront the Soviet Union while providing bargaining chips. When Gorbachev assumed leadership, however, Reagan and his advisers found a potential partner in the enterprise of peace. At first the two leaders sparred, agreeing on little. Gradually a form of trust emerged, with Gorbachev taking politically risky steps that bore long-term benefits, like the agreement to abolish intermediate-range nuclear missiles and the agreement to abolish intermediate-range nuclear missiles and the U.S.S.R.'s significant unilateral troop reductions in 1988.
Through his recollections and unparalleled access to the best and latest sources, Matlock describes Reagan's and Gorbachev's initial views of each other. We learn how the two prepared for their meetings; we discover that Reagan occasionally wrote to Gorbachev in his own hand, both to personalize the correspondence and to prevent nit-picking by hard-liners in his administration. We also see how the two men were pushed closer together by the unlikeliest characters (Senator Ted Kennedy and Francois Mitterrand among them) and by the two leaders' remarkable foreign ministers, George Shultz and Eduard Shevardnadze.
The end of the Cold War is a key event in modern history, one that demanded bold individuals and decisive action. Both epic and intimate, Reagan and Gorbachev""will be the standard reference, a work that is critical to our understanding of the present and the past.

"From the Hardcover edition."

This is the paperback edition of a collection of original papers from distinguished legal theorists offers a challenging assessment of the nature and viability of legal positivism, a branch of legal theory that continues to dominate contemporary legal theoretical debates. To what extent is the law adequately described as `autonomous'? Should law claim autonomy? These and other questions are addressed by the authors in this carefully edited collection. It will be of interested to all lawyers and scholars interested in legal philosophy and legal theory.

Law is an increasingly pervasive force in our society. At the same time, however, the obstacles to law's effectiveness are also growing. In "The Limits of Law, " Yale law professor Peter H. Schuck draws on law, social science, and history to explore this momentous clash between law's compelling promise of ordered liberty and the realistic limits of its capacity to deliver on this promise.Schuck first discusses the constraints within which law must work--law's own complexity, the cultural chasms it must bridge, and the social diversity it must accommodate--and proceeds to consider the ways law uses regulatory, legislative, and adjudicatory processes to influence social behavior. He shows how politics shapes regulation, how regulation might incorporate individualized equity, and how it can best be reformed. Turning to legislation, he justifies a strong role for special interest groups, dissects the anatomy of purely symbolic statutes, and defends broad delegations of legislative power to regulatory agencies. On adjudication, Schuck analyzes the courts' efforts to advance social justice by controlling federal agencies, constitutionalizing politics, managing mass toxic tort disputes, and reforming public services and institutions. His concluding chapter draws together some general lessons about law's limits and possibilities for improving democratic governance.

When and why do democratic political actors change the electoral rules, particularly regarding who is included in a country's political representation? The incidences of these major electoral reforms have been on the rise since 1980.Electoral Reform and the Fate of New Democracies argues that elite inexperience may constrain self-interest and lead elites to undertake incremental approaches to reform, aiding the process of democratic consolidation. Using a multimethods approach, the book examines three consecutive periods of reform in Indonesia, the world's largest Muslim majority country and third largest democracy, between 1999 and 2014. Each case study provides an in-depth process tracing of the negotiations leading to new reforms, including key actors in the legislature, domestic civil society, international experts, and government bureaucrats. A series of counterfactual analyses assess the impact the reforms had on actual election outcomes, versus the possible alternative outcomes of different reform options discussed during negotiations. With a comparative analysis of nine cases of iterated reform processes in other new democracies, the book confirms the lessons from the Indonesian case and highlights key lessons for scholars and electoral engineers.

"A book on a timely and powerful theme....While others have documented the damage that litigation does to our economy, Garry wants to show us its cost to our character as a nation". -- Walter Olson, Author, The Litigation Explosion

Throughout our history, America has been shaped by a series of transforming events and institutions -- the Pilgrims' Puritanism, the promise of Jacksonian democracy, the staggering rise of corporate capitalism, and the advent of electronic media. Today, a new strain of litigious behavior veers our culture away from the proverbial "melting pot" to one in which fellow citizens become bitter adversaries. Law is becoming the next American frontier where litigious pioneers try to stake out new opportunities for wealth and fame.

A Nation of Adversaries brilliantly examines how the litigation explosion has singed our culture by needlessly crowding courthouses and fueling the growth of the lawyer population. Dr. Patrick Garry, an expert on the effect of the courts on American society, insightfully points out how our increasingly litigant-oriented mindset is reinforcing a self-centered culture of undue expectation and entitlement. He offers a blistering look at litigation's invasion into our once formally mindful society. Anyone interested in new trends of human behavior, as well as professionals in sociology, the legal profession, behavior therapy, and clinical psychology, will find this a shrewd commentary on the creation of a new culture of identity in America.

This new critique of Aquinas's theory of natural law presents an incisive, new analysis of the central themes and relevant texts in the Summa Theologiae which became the classical canon for natural law. Professor Lisska discusses Aquinas's view of ethical naturalism within the context of the contemporary revival and recovery of Aristotelian ethics, arguing that Aquinas is fundamentally Aristotelian in the foundations of his moral theory. The book looks at the historical development of natural law themes in the twentieth century, and in particular demonstrates the important connections between Aquinas and contemporary legal philosophers. The book should be of considerable interest to scholars of jurisprudence as well as philosophers.

The 18 papers in this volume, originally published in 1969 in English and French, with summaries in the other language, define and analyze in their wider social contexts the fundamental ideas and procedures to be found in African traditional systems of law. They assess the needs and problems of adaptation to changing conditions. The comprehensive introduction by Allott, Epsteina nd Gluckman provides a framework of analysis. It deals with the search for a common terminology in which to analyse and compare the different systems of customary law proceedings and evidence, codification and recording, reason and the occult, the conception of legal personality, succcession and inheritance, land rights, marriage and affiliation, injuries, liability and responsibility.

Uncovers the relationship between early modern natural law ideas and conceptions of the origins of politicsReforming the Law of Nature is a stimulating study of the development of natural law ideas in the early modern period. The book brings sixteenth and seventeenth century jurisprudence, theology and political philosophy into conversation with one another to explore the ways in which developments in political thought in the Reformed Protestant tradition affected the emergence of a secular understanding of political life.

This volume examines the design and impact of courts in African federal systems from a comparative perspective. Recent developments indicate that the previously stymied idea of federalism is now being revived in the constitutional arrangements of several African countries. A number of them jumped on the bandwagon of federalism in the early 1990s because it came to be seen as a means to facilitate development, to counter the concentration of power in a single governmental actor and to manage communal tensions. An important part of the move towards federalism is the establishment of courts that are empowered to umpire intergovernmental disputes. This edited volume brings together contributions that first discuss questions of design by focusing, in particular, on the organization of the judiciary and the appointment of judges in African federal systems. They then examine whether courts have had a rather centralizing or decentralizing impact on the operation of African federal systems. The book will be of interest to researchers and policy-makers in the areas of comparative constitutional law and comparative politics.

The development of an autonomous English public law has been accompanied by persistent problems - a lack of systematic principles, dissatisfaction with judicial procedures, and uncertainty about the judicial role. It has provoked an ongoing debate on the very desirability of the distinction between public and private law. In this debate, a historical and comparative perspective has been lacking. A Continental Distinction in the Common Law introduces such a perspective. It compares the recent emergence of a significant English distinction with the entrenchment of the traditional French distinction. It explains how persistent problems of English public law are related to fundamental differences between the English and French legal and political traditions, differences in their conception of the state administration, their approach to law, their separation of powers, and their judicial procedures in public-law cases. The author argues that a satisfactory distinction between public and private law depends on a particular legal and political context, a context which was evident in late nineteenth-century France and is absent in twentieth-century England. He concludes by identifying the far-reaching theoretical, institutional, and procedural changes required to accommodate English public law.

Much more than an historical examination of liability, criminal law, torts, bail, possession and ownership, and contracts, "The Common Law" articulates the ideas and judicial theory of one of the greatest justices of the Supreme Court. G. Edward White reminds us why the book remains essential reading not only for law students but also for anyone interested in American history. The text published is, with occasional corrections of typographical errors, identical with that found in the first and all subsequent printings by Little, Brown.

This volume presents twelve original essays by contemporary natural law theorists and their critics. Natural law theory is enjoying a revival of interest today in a variety of disciplines, including law, philosophy, political science, and theology and religious studies. These essays offer readers a sense of the lively contemporary debate among natural law theorists of different schools, as well as between natual law theorists and their critics.

The Roman empire encompassed a vast area, incorporating many different cultures, and yet Roman law had to resolve disputes across the board. This meticulous study of the ways and means in which Roman law asserted control over disputes between individuals, communities and even states, is based on an in-depth analysis of legal texts, including Justinian's Corpus Juris . The study examines the Roman concept of the arbitrator, a duty that any good man' could have been called upon to perform, the types of cases he might be expected to settle, the settlements and compromises, the hearings and the enforcement measures available to him.

In the early history of Halifax (1749-1766), debt litigation was extremely common. People from all classes frequently used litigation and its use in private matters was higher than almost all places in the British Empire in the 18th century. In Law, Debt, and Merchant Power, James Muir offers an extensive analysis of the civil cases of the time as well as the reasons behind their frequency. Muir's lively and detailed account of the individuals involved in litigation reveals a paradoxical society where debtors were also debt-collectors. Law, Debt, and Merchant Power demonstrates how important the law was for people in their business affairs and how they shaped it for their own ends.

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.

Public procurement law, regulating public sector purchasing of certain contracts for goods, works and services, is an area of EU law which is closely intertwined with the UK's economy. It will almost inevitably be affected by the consequences of Brexit. At a time of significant uncertainty, this book explores policy directions which domestic procurement law could take in the future, including whether 'Buy National' policies might feasibly be introduced, or whether existing procurement procedures could be significantly reviewed.

Introduction to the English Legal System is the ideal foundation for those coming new to the study of law. Writing in a highly engaging and accessible style, Martin Partington introduces the purposes and functions of English law, the law-making process, and the machinery of justice, while also challenging assumptions and exploring current debates. Drawing on over 40 years' experience in the law, Martin Partington examines beliefs about the English legal system, and encourages students to question how far it meets the growing demands placed on it. Incorporating all the latest developments, this concise introduction brings law and the legal system to life. Digital formats and resources: This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources include questions for reflection and discussion; self-test questions; a glossary; further reading materials; web links; and a link to Martin Partington's blog, which covers key developments in the English justice system.

Geoffrey Samuel's distinctive approach is to present the English common law in the light of its history and its dominant ideas. A student will learn not only what are the major rules of private law and civil law procedure, but will grasp the spirit of the common law. He will thus learn why they exist in a particular form and how common lawyers make them work. Civilian terms are used to provide a guide for the student from a civil law system to understand the initially strange terms and approaches of the common lawyer. This book is clear and insightful. It should be read particularly by Masters students and those embarking on a doctorate involving study of the common law.' - John Bell, Pembroke College, UK'To write a good introduction to the common law aimed mainly at civil lawyers is a real challenge. One needs not only to master the common law, its history and its sociological backgrounds, but also to understand how the prospective readers think in their own civilian legal systems. With his longstanding teaching activities in civil law countries, his obvious deep knowledge of the historical roots of civil and common law, Geoffrey Samuel offers here a book which should be pressed into every hands across the civil law world. Finally, we get here an introduction to the common law truly written for civilian lawyers and students, which is easy to understand and thoughtful. A brilliant piece for which the author should be praised.' - Pascal Pichonnaz, University of Fribourg, Switzerland 'Common law has remained enigmatic for lawyers from the civil law legal culture. This book presents a wonderfully compact introduction to the English common law and explains concisely why it is as it is today. Geoffrey Samuel offers insightful and scholarly first-rate representation of those characteristics which stand out for the civil law lawyer. Clarifying and supporting diagrams are especially helpful for non-common law lawyers. Samuel's A Short Introduction to the Common Law is highly recommended for anyone looking for clear and fluently written basic insight into the common law and its historical foundation.' - Jaakko Husa, University of Lapland, Finland This book provides a short, accessible introduction to the English common law tradition, in particular to the civil process. It adopts an approach which explains the historical development of the common law institutions and procedures whilst also setting them in perspective through a comparative outlook. Aspects of the common law are contrasted on occasions with structural or functional equivalents (or near equivalents) in the civil law. The key topics covered include: the English civil courts (and other dispute resolution institutions and alternatives), civil procedure, remedies, sources of law, legal reasoning, legal education, legal theories, legal institutions and concepts and legal categories. In addition to textual description and analysis, the book makes frequent use of visual diagrams to explain and to illustrate aspects of the common law. Providing both an overview of the English common law and an insight into the legal mentality of common lawyers, the book will appeal both to first year law students as well as to continental jurists who are investigating the common law for the first time. Contents: Preface Introduction 1. Development of the English Courts 2. Development of the English Procedural Tradition 3. English Law Remedies 4. English Legal Education and English Legal Thought (1): Sources and Methods 5. English Legal Education and English Legal Thought (2): Academic Theories 6. Legal Institutions and Concepts in the Common Law (1): Persons and Things 7. Legal Institutions and Concepts in the Common Law (2): Causes of Action and Obligations Concluding Remarks Bibliography Index