Year by year, law seems to penetrate ever larger realms of social, political, and economic life, generating both praise and blame. Nonet and Selznick's Law and Society in Transition explains in accessible language the primary forms of law as a social, political, and normative phenomenon. They illustrate with great clarity the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity.

To make jurisprudence relevant, legal, political, and social theory must be reintegrated. As a step in this direction, Nonet and Selznick attempt to recast jurisprudential issues in a social science perspective. They construct a valuable framework for analyzing and assessing the worth of alternative modes of legal ordering. The volume's most enduring contribution is the authors' typology-repressive, autonomous, and responsive law. This typology of law is original and especially useful because it incorporates both political and jurisprudential aspects of law and speaks directly to contemporary struggles over the proper place of law in democratic governance.

In his new introduction, Robert A. Kagan recasts this classic text for the contemporary world. He sees a world of responsive law in which legal institutions-courts, regulatory agencies, alternative dispute resolution bodies, police departments-are periodically studied and redesigned to improve their ability to fulfill public expectations. Schools, business corporations, and governmental bureaucracies are more fully pervaded by legal values. Law and Society in Transition describes ways in which law changes and develops. It is an inspiring vision of a politically responsive form of governance, of special interest to those in sociology, law, philosophy, and 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.

This revised edition with new introduction of Andrew Lintott's classic book discusses the causes behind the violence which erupted periodically in Rome during the Republic. It examines the political conflict, violence, military insurrection, and authoritarian government of the Roman Republic.

Chance inevitably plays a role in law but it is not often that we consciously try to import an element of randomness into a legal process. Random Justice: On Lotteries and Legal Decision-Making explores the potential for the use of lotteries in social, and particularly legal, decision-making contexts. Utilizing a variety of disciplines and materials, Neil Duxbury 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 very fact that there exists widespread resistance to the use of lotteries for legal decision-making purposes betrays a commonly held belief that legal processes are generally more important than are legal outcomes. Where, owing to the existence of indeterminacy, the process of reasoning is likely to be excessively protracted and the reasons provided strongly contestable, the most cost-efficient and impartial decision-making strategy may well be recourse to lot. Aversion to this strategy, while generally understandable, is not necessarily rational. Yet in law, as Professor Duxbury demonstrates, reason is generally valued more highly than is rationality. The lottery is often conceived to be a decision-making device that operates in isolation. Yet lotteries can frequently and profitably be incorporated into other decision-frameworks. The book concludes by controversially considering how lotteries might be so incorporated and also advances the thesis that it may sometimes be sensible to require that adjudication takes place in the shadow of a lottery.

Using as a starting point the work of internationally-renowned Australian scholar Sam Ricketson, whose contributions to intellectual property (IP) law and practice have been extensive and richly diverse, this volume examines topical and fundamental issues from across IP law. With authors from the US, UK, Europe, Asia, Australia and New Zealand, the book is structured in four parts, which move across IP regimes, jurisdictions, disciplines and professions, addressing issues that include what exactly is protected by IP regimes; regime differences, overlaps and transplants; copyright authorship and artificial intelligence; internationalization of IP through public and private international law; IP intersections with historical and empirical research, human rights, privacy, personality and cultural identity; IP scholars and universities, and the influence of treatises and textbooks. This work should be read by anyone interested in understanding the central issues in the evolving field of IP law.

Research on comparative administrative law, in contrast to comparative constitutional law, remains largely underdeveloped. This book plugs that gap. It considers how a wide range of common law systems have received and adapted English common law to the needs of their own socio-political context. Readers will be given complex insights into a wide range of common law systems of administrative law, which they may not otherwise have access to given how difficult it would be to research all of the systems covered in the volume single-handedly. The book covers Scotland, Ireland, the USA, Canada, Israel, South Africa, Kenya, Malaysia, Singapore, Hong Kong SAR, India, Bangladesh, Australia and New Zealand. Comparative public lawyers will have a much greater range of common law models of administrative law - either to pursue conversations about their own common law system or to sophisticate their comparison of their system (civil law or otherwise) with common law systems.

First Steps in the Law is an entertaining and insightful overview of the legal system. Geoffrey Rivlin, who boasts a wealth of experience as a former senior resident judge, barrister, and QC, leads the reader through the quirks of English law, offering fascinating details. Readers are regaled with lively descriptions of the workings of the legal system and vivid tales of the law in times gone by. Real life cases bring the book to life, enabling the reader to see the law in action, while descriptions of the participants in the legal system (including judges, lawyers, and police officers) root the book in the everyday reality of the legal profession. This is an essential read for anyone who is preparing for a law course or requires an understanding of the law in their working life.

This collection of essays on legal ethics addresses the subject comparatively, unlike any previous publication in either the UK or the US. Many of the papers originated from rare collaborative empirical research between academic and practising lawyers combining to produce a book that is unique in its concern with the issues that affect all lawyers in common law systems today. These lawyers are naturally apprehensive about the unprecedented investigation, criticism, and attack which they face. They fear for their livelihood and status in the community while sharing the public's sense of unease. Searching for immediate changes that might placate economic deregulators, the press and politicians, is one of the aims of this collection of original essays, many of which are written by people who are, or were, practitioners of law. This is reflected in the types of initiatives which are debated in this volume - to reform adversarial rules of procedure, to introduce mediational alternatives, and to curb systematic biases. The aims of this volume are therefore to reflect some of the key issues, to suggest possible arguments which might lead to solutions, and to provide readers, particularly those involved in practice, with strategies for devising more 'ethical' practices.

In the common law world, Albert Venn Dicey (1835-1922) is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate from moral values or political realities, Dicey is an uncanny figure. This book challenges this received view of Dicey. Through a re-examination of his life and his 1885 book Law of the Constitution, the high priest Dicey is defrocked and a more human Dicey steps forward to offer alternative ways of reading his canonical text, who struggled to appreciate law as a form of reasoned discourse that integrates values of legality and authority through methods of ordinary legal interpretation. The result is a unique common law constitutional discourse through which assertions of sovereign power are conditioned by moral aspirations associated with the rule of law.

The over-the-counter (OTC) derivatives market has captured the attention of regulators after the Global Financial Crisis due to the risk it poses to financial stability. Under the post-crisis regulatory reform the concentration of business, and risks, among a few major players is changed by the concentration of a large portion of transactions in the new market infrastructures, the Central Counterparties (CCPs). This book, for the first time, analyses the regulatory response of the United Kingdom and the United States, the two largest centres of OTC derivatives transactions, and highlights their shortcomings. The book uses a normative risk-based approach to regulation as a methodological lens to analyse the UK regime of CCPs in the OTC derivatives market. It specifically focuses on prudential supervision and conduct of business rules governing OTC derivatives transactions and the move towards enhancing the use of central clearing. The resulting analysis, from a normative risk based approach, suggests that the UK regime for CCPs does not fulfil what would be expected if a coherent risk based approach was taken. Our comments on the Dodd-Frank Act highlight that the incoherent adoption of risk-based approach to regulation affects the effectiveness of the US regime for CCPs. Such a regime does not follow the pace of events of 'innovation risk'; in particular, the foreseeable changes FinTech will bring to the OTCDM and central clearing services. The second inadequacy of the US regime concerns the dual regulatory structure of the CFTC and the SEC, and the inadequate adoption of different and not well-coordinated regulatory strategies. We also analyse the cross-border implications of the US regime for non-US CCPs that provide clearing services to US market participants. Finally, we study the negative effects of the absence of a clearly defined resolution regime for CCPs.

As the first woman to be appointed President of the UK Supreme Court, Brenda Hale was one of the UK's most high profile and influential judges, and she is among the most powerful women leaders of our time. For almost half a century, she pioneered as an educator, reformer, and decision-maker, leaving a distinct mark on the law and the lives of many. In commemoration of her recent retirement from the Supreme Court, this collection celebrates her long and illustrious career. Organised by thematic chapters and featuring original research from leading academics, judges and lawyers, this book offers a comprehensive account of Lady Hale's achievements and enduring impact. The contributors, many of whom were her peers and colleagues, demonstrate how Hale forged her own path within male-dominated institutions, carved a space for herself and others, and, ultimately, endeavoured to promote justice for everyone.

The common law of England and the United States and the civil law of continental Europe have a similar doctrinal structure, a structure not found in the English cases or Roman legal texts from which they supposedly descend. In this original and unorthodox study of common law and legal philosophy the author throws light on the historical origins of this confusion and in doing so attempts to find answers to many of the philosophical puzzles which contract lawyers face today. Reassessing the impact of modern philosophy upon contract law, the author concludes that modern philosophy having failed to provide a new basis for a coherent doctrinal system in the law of contract, the only hope for devising such a coherent system lies in rediscovering the neglected philosophy of Aristotle and Aquinas.

The Sociology of Law offers a distinctive view of contemporary law in Western societies and provides a clear analytical framework for the study of the diverse literature relating to its field. This new edition has been enlarged and re-written to take account of recent theoretical literature, changes of emphasis in interpretation and new research on legal practice, dispute processing and law enforcement since the last edition appeared in 1984.

The core of this book is a novel theory of distributive justice premised on the fundamental moral equality of persons. In the light of this theory, Eric Rakowski considers three types of problem which urgently require solutions - the distribution of resources, property rights, and the saving of life - and provides challenging and unconventional answers. Further, he criticizes the economic analysis of law as a normative theory, and develops an alternative account of tort and property law. Among the topics discussed are the principles by which earnings, wealth, and gifts should be taxed; whether the compulsory removal of organs for transplantation can be justified; how doctors and public officials should make life-or-death decisions when all those endangered cannot be helped in equal measure; and the morality of killing human beings and non-human animals.

Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and non-state normative orders have shaped the everyday practices of the state. It argues that, in their daily work, local officials are confronted with a paradox of customary law: operating under politico-legal pluralism and limited state capacity, bureaucrats must often, paradoxically, deal with custom - even though the form and logic of customary rule is not easily compatible and frequently incommensurable with the form and logic of the state - in order to do their work as a state. Given the self-contradictory nature of this endeavour, officials end up processing, rather than solving, this paradox in multiple, inconsistent and piecemeal ways. Assembling inventive case studies on state-driven land reforms in South Africa and Tanzania, the police in Mozambique, witchcraft in southern Sudan, constitutional reform in South Sudan, Guinea's long duree of changing state engagements with custom, and hybrid political orders in Somaliland, this volume offers important insights into the divergent strategies used by African officials in handling this paradox of customary law and, somehow, getting their work done.

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.

Written by leading authors with extensive experience in both teaching and practice, this established and trusted title equips the student with all the techniques of legal research, analysis, and argument they will need for their law course and beyond. Holland & Webb take an engaging and practical approach with examples and exercises throughout which allow students to develop their knowledge and their reasoning skills making this an ideal text for first year students. Digital formats and resources The eleventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The ebook offers a mobile experience and convenient access along with functionality tools, navigation features and links that extra learning support: www.oxfordtextbooks.co.uk/ebooks - The accompanying online resources include multiple choice questions for each chapter, links to useful websites and a guide to using Halsbury's Laws. For futher insight into legal skills, visit legaleducation.wordpress.com.

Speaking to today's flourishing conversations on both law, morality, and religion, and the religious foundations of law, politics, and society, Common Law and Natural Law in America is an ambitious four-hundred-year narrative and fresh re-assessment of the varied American interactions of 'common law', the stuff of courtrooms, and 'natural law', a law built on human reason, nature, and the mind or will of God. It offers a counter-narrative to the dominant story of common law and natural law by drawing widely from theological and philosophical accounts of natural law, as well as primary and secondary work in legal and intellectual history. With consequences for today's natural-law proponents and critics alike, it explores the thought of the Puritans, Revolutionary Americans, and seminal legal figures including William Blackstone, Joseph Story, Christopher Columbus Langdell, Oliver Wendell Holmes, and the legal realists.

To honour this great scholar, this book gathers essays from admirers and friends who add their own contributions on legal pluralism, transnationalism and culture in Asia. The book opens with an account of M.B. Hooker colourful and prolific career. The authors then approach legal pluralism through legal theory, legal anthropology, comparative law, law and religion, constitutional law, even Islamic art, thus reflecting the broad approaches of Professor Hooker's scholarship. While most of the book focuses mainly on Southeast Asia, it also reaches out to all of Asia up to Israel, and even includes a chapter comparing Indonesia and Egypt.

In pieces drawn from over the course of his distinguished career, pre-eminent historian Roy Mottahedeh explores such diverse topics as the social bonds that connected people in the early Islamic Middle East, the transmission of learning in the Muslim world, religious and ethnic toleration in the past and in the present, and the theme of ‘wonders’ in The Thousand and One Nights. His essays extend from the early Islamic period through the medieval era and on to modern times. A number concern Iran, the country of his father’s birth, and again Mottahedeh’s studies range widely, including Persian panegyric poetry, the origins of the city of Kashan, and Shi‘ite political thought. Speaking to contemporary concerns, he also touches upon voting rights, academic freedom, and censorship. Intended not only for those in Islamic studies but for students of history and interested lay readers, there are introductions to each section written with the non-specialist in mind, and these sections progress from more general topics to those more specialized. In the Shadow of the Prophet thus reflects Mottahedeh’s desire that the Islamic world and its history become better understood so that cooperation between Muslims and non-Muslims might become the order of the day.

This classic work (formerly entitled An Introduction to the History of Land Law) has been thoroughly revised with some chapters rewritten to bring it completely up to date. It is available for the first time in paperback.

International legal scholars tend to think of their work as the interpretation of rules: the application of a law 'out there' to concrete situations. This book takes a different approach to that scholarship: it views doctrine as a socio-linguistic practice. In other words, this book views legal scholars not as law-appliers, but as constructing knowledge within a particular academic discipline. By means of three close-ups of the discourse on cyberwar and international law, this book shows how international legal knowledge is constructed in ways usually overlooked: by means of footnotes, for example, or conference presentations. In so doing, this book aims to present a new way of seeing international legal scholarship: one that pays attention to the mundane parts of international legal texts and provides a different understanding of how international law as we know it comes about.

Like many countries around the world, Chile is undergoing a political moment when the nature of democracy and its political and legal institutions are being challenged. Senior Chilean legal scholar and constitutional historian Pablo Ruiz-Tagle provides an historical analysis of constitutional change and democratic crisis in the present context focused on Chilean constitutionalism. He offers a comparative analysis of the organization and function of government, the structure of rights and the main political agents that participated in each stage of Chilean constitutional history. Chile is a powerful case study of a Latin American country that has gone through several threats to its democracy, but that has once again followed a moderate path to rebuild its constitutional republican tradition. Not only the first comprehensive study of Chilean constitutional history in the English language from the nineteenth-century to the present day, this book is also a powerful defence of democratic values.

Properties of Law is a legal-theoretical analysis about modern state law; about sociality, normativity and plurality as its properties, and what will come after modern state law. The main objective of this study is to offer a legal theoretical recapitulation of modern state law that avoids the fallacies of Legal Positivism. This calls for a relationist approach where law's sociality is related to normativity, and normativity to sociality. Avoiding Legal Positivism's fallacies also includes refraining from extrapolating from modern state law to law in general; replacing Legal Positivism's conceptual universalism with sensitivity to the varieties of law, and acknowledging that law existed before modern state law, that it will exist after modern state law, and that other law exists alongside modern state law. The book concludes with a discussion of the impact of digitalization on law.

The Warren Court of the 1950s and 1960s was the most liberal in American history. Yet within a few short years, new appointments redirected the Court in a more conservative direction, a trend that continued for decades. However, even after Warren retired and the makeup of the court changed, his Court cast a shadow that extends to our own era. In The Long Reach of the Sixties, Laura Kalman focuses on the late 1960s and early 1970s, when Presidents Johnson and Nixon attempted to dominate the Court and alter its course. Using newly released-and consistently entertaining-recordings of Lyndon Johnson's and Richard Nixon's telephone conversations, she roots their efforts to mold the Court in their desire to protect their Presidencies. The fierce ideological battles-between the executive, legislative, and judicial branches-that ensued transformed the meaning of the Warren Court in American memory. Despite the fact that the Court's decisions generally reflected public opinion, the surrounding debate calcified the image of the Warren Court as activist and liberal. Abe Fortas's embarrassing fall and Nixon's campaign against liberal justices helped make the term "activist Warren Court" totemic for liberals and conservatives alike. The fear of a liberal court has changed the appointment process forever, Kalman argues. Drawing from sources in the Ford, Reagan, Bush I, and Clinton presidential libraries, as well as the justices' papers, she shows how the desire to avoid another Warren Court has politicized appointments by an order of magnitude. Among other things, presidents now almost never nominate politicians as Supreme Court justices (another response to Warren, who had been the governor of California). Sophisticated, lively, and attuned to the ironies of history, The Long Reach of the Sixties is essential reading for all students of the modern Court and U.S. political history.