In the first essay, Habermas himself succinctly presents the centerpiece of his theory: his proceduralist paradigm of law. The following essays comprise elaborations, criticisms, and further explorations by others of the most salient issues addressed in his theory. The distinguished group of contributors--internationally prominent scholars in the fields of law, philosophy, and social theory--includes many who have been closely identified with Habermas as well as some of his best-known critics. The final essay is a thorough and lengthy reply by Habermas, which not only engages the most important arguments raised in the preceding essays but also further elaborates and refines some of his own key contributions in "Between Facts and Norms." This volume will be essential reading for philosophers, legal scholars, and political and social theorists concerned with understanding the work of one of the leading philosophers of our age.
These provocative, in-depth debates between Jurgen Habermas and a wide range of his critics relate to the philosopher's contribution to legal and democratic theory in his recently published "Between Facts and Norms." Drawing upon his discourse theory, Habermas has elaborated a novel and powerful account of law that purports to bridge the gap between democracy and rights, by conceiving law to be at once self-imposed and binding.

What Women Want analyzes decades of voting preferences, values, and policy preferences to debunk some of the media and academic myths about gender gaps in voting and policy preferences. Findings show that no single theory explains when differences in women's and men's voting preferences emerge, when they do not, or when changes-or the lack thereof-occur over time. Steel extends existing theories to create a broader framework for thinking about gender and voting behavior to provide more analytical purchase in understanding gender and its varying effects on individual voters' preferences. She incorporates the long-term effects of party identification and class politics on political decision-making, particularly in how they influence preferences on social provision and on expectations of the state. She also points to the importance of symbolic politics.

"Treason" is a word with many connotations, a word applied to a host of varied offenses throughout the history of humanity. These essays by Floyd Seyward Lear analyze the development of the political theory of treason from its beginning in Roman Law to its transformation in the Germanic custom of the early Middle Ages.

The author has presented treason as a political idea, possessing historical continuity, though varying from age to age as it follows the evolution of political authority itself. These studies trace the shifting emphasis in crimes against the state from acts directed against a central absolutist authority to acts involving the personal relationship of a pledged troth and individual fealty. This is a shift from the concept of majesty in Roman law to the concept of fidelity in Germanic law with the corollary shift from allegiance as an act of deference to allegiance as a token of mutual fidelity.

These ideas are examined chronologically across an interval extending from archaic Roman law to incipiently feudal forms, from which modern theories of treason, allegiance, and sovereignty derive. Contemporary concepts in these political areas can hardly be understood apart from their historical origins. Broadly considered, this work is intended as a contribution to intellectual history.

Further, this collection represents the synthesis of material widely scattered in the primary sources and relevant secondary works. The two concluding bibliographical essays are intended as a general survey of the literature relevant to these studies in Roman and Germanic public law. Descriptive and interpretive works which deal with treason and its allied aspects of political and legal theory are not numerous in the English language.

Transnational solidarity movements often play an important role in reshaping structures of global power. However, there remains a significant gap in the historical literature on collaboration between parties located in the Global South. Facing increasing repression, the Latin American left in the 1960s and 1970s found connection in transnational exchange, organizing with distant activists in Africa, the Middle East, and the Caribbean. By exploring the particularities of South-South solidarity, this volume begins new conversations about what makes these movements unique, how they shaped political identities, and their lasting influence. Jessica Stites Mor looks at four in-depth case studies: the use of legal reform to accomplish the goals of solidarity embedded in Mexico's revolutionary constitution, visual and print media circulated by Cuba and its influence on the agenda of the Afro-Asian block at the United Nations, organizing on behalf of Palestinian nationalism in reshaping Argentina's socialist left, and the role of Latin American Catholic activists in challenging the South African apartheid state. These examples serve as a much-needed road map to navigate our current political climate and show us how solidarity movements might approach future struggles.

Little attention has been paid to the development of Australian private law throughout the first half of the twentieth century. Using the law of tort as an example, Mark Lunney argues that Australian contributions to common law development need to be viewed in the context of the British race patriotism that characterised the intellectual and cultural milieu of Australian legal practitioners. Using not only primary legal materials but also newspapers and other secondary sources, he traces Australian developments to what Australian lawyers viewed as British common law. The interaction between formal legal doctrine and the wider Australian contexts in which that doctrine applied provided considerable opportunities for nuanced innovation in both the legal rules themselves and in their application. This book will be of interest to both lawyers and historians keen to see how notions of Australian identity have contributed to the development of an Australian law.

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.

"Selected Writings of Sir Edward Coke Poster".

The volume contains the contributions to the Gieen-Warwick-Lodz-Colloquium 2002 honouring the 65th birthday of Professor Dr. Gunter Weick. Scholars from the United Kingdom, Germany, Poland and Russia deal with contemporary and historical aspects of international and comparative law, covering the fields of civil law, labour law, criminal procedure and constitutional law.

This volume assembles leading scholars to examine how their respective theoretical positions relate to the artifactual nature of law. It offers a complete analysis of what is ontologically entailed by the claim that law - including legal systems, legal norms, and legal institutions - is an artifact, and what consequences, if any, this claim has for philosophical accounts of law. Examining the artifactual nature of law draws attention to the role that intention, function, and action play in the ontological structure of law, and how these attributes interact with rules. It puts the role of author and authorship at the center of its analysis of legal ontology, and widens the scope that functional analysis can legitimately have in legal theory, emphasizing how the content of law depends on how it is used. Furthermore, the appeal to artifacts brings to the fore questions about the significance of concepts for the existence of law, and makes available new tools for legal interpretation. The notion of artifactuality offers a starting point from which to approach the basic dilemma of whether it is meaningful to search for essential, necessary, and sufficient features of law, a question that in current legal theory is put when deciding what kind of enterprise legal theory is from a methodological point of view, namely whether it is descriptive or prescriptive. This volume unearths insights and observations of value to all those looking to deepen their understanding of how the law is understood and experienced.

This new translation of the Treatise on Law offers fidelity to the Latin in a readable new version that will prove useful to students of the natural law tradition in ethics, political theory, and jurisprudence, as well as to students of Western intellectual history.

Examines the fundamental principles of our legal system from a public choice perspective and compares its efficiency and accuracy with other systems. It presents in full two controversial works by Gordon Tullock, 'The Logic of the Law' and 'The Case against the Common Law', as well as chapters from his 'Trials on Trial' and other innovative articles. Highly critical of the US common law system, Tullock argues for various reforms, even for its replacement with a civil code system.

The readings in Justice include the central philosophical statements about justice in society organized to illustrate both the political vision of a good society and different attempts at an analysis of the concept of justice.

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

The colonization policies of Ancient Rome followed a range of legal arrangements concerning property distribution and state formation, documented in fragmented textual and epigraphic sources. When antiquarian scholars rediscovered and scrutinized these sources in the Renaissance, their analysis of the Roman colonial model formed the intellectual background for modern visions of empire. What does it mean to exercise power at and over distance? This book foregrounds the pioneering contribution to this debate of the great Italian Renaissance scholar Carlo Sigonio (1522/3-84). His comprehensive legal interpretation of Roman society and Roman colonization, which for more than two centuries remained the leading account of Roman history, has been of immense (but long disregarded) significance for the modern understanding of Roman colonial practices and of the legal organization and implications of empire. Bringing together experts on Roman history, the history of classical scholarship, and the history of international law, this book analyzes the context, making, and impact of Sigonio's reconstruction of the Roman colonial model. It shows how his legal interpretation of Roman colonization originated and how it informed the development of legal colonial discourse, from imperial reform and colonial independence in the nascent United States of America to Enlightenment accounts of property distribution. Through a detailed analysis of scholarly and political visions of Roman colonization from the Renaissance to today, this book shows the enduring relevance of legal interpretations of the Roman colonial model for modern experiences of empire.

John Locke's untitled manuscript "Questions Concerning the Law of Nature" (1664) was his only work focused on the subject of natural law, a circumstance that is especially surprising since his published writings touch on the subject frequently, if inconclusively. Containing a substantial apparatus criticus, this new edition of Locke's manuscript is faithful to Locke's original intentions.

Mit einer großen Zahl grundlegender Arbeiten hat Christoph Link das evangelische Kirchen- und das Staatskirchenrecht mit ihren Grenzgebieten sowie die Verfassungs- und Geistesgeschichte des öffentlichen Rechts nachhaltig beeinflusst. Tiefe geistes- und verfassungshistorische Fundierung als Grundlage eines juristisch tragfähigen Ausgleichs widerstreitender Positionen zeichnet auch seine Arbeiten zu Problemen des geltenden Rechts aus. Neben Arbeiten zu den historischen und geistigen Grundlagen des kirchlichen und des staatlichen Rechts stehen Beiträge zu nach wie vor aktuellen Themen. Sie reichen von der Zulässigkeit religiöser Symbole in Klassenzimmern über die Voraussetzungen der Verleihung des Körperschaftsstatus' an nichtchristliche Religionsgemeinschaften bis hin zu Fragen des Medienrechts oder des Grundrechtsschutzes für Sozialversicherungsträger. Die Vielfalt der juristischen Arbeitsgebiete spiegelt die Weite von Links wissenschaftlichem Horizont. Die Verbindung juristischer Dogmatik mit historischen Perspektiven und, wo angebracht, theologischen Bezügen ist charakteristisch für sein wissenschaftliches Profil. Der vorliegende Band macht die wichtigsten, an verschiedenen und nicht immer leicht zugänglichen Orten veröffentlichten Arbeiten Links neu zugänglich.

Die Rechtsfigur der "Satzungsdurchbrechung" ist im deutschen Gesellschaftsrecht seit nahezu 100 Jahren etabliert. Gemeint sind damit im Grundsatz Beschlüsse, die für den Einzelfall von den Vorgaben der Satzung abweichen, diese für die Zukunft aber unverändert lassen. Das Meinungsbild in Rechtsprechung und Schrifttum ist indes stark zersplittert und in der Praxis herrscht große Rechtsunsicherheit. Moritz Pöschke unternimmt eine systematische Darstellung des Meinungsstands und zeigt die Zusammenhänge zwischen den einzelnen (Teil)Auffassungen sowie bestehende Widersprüchlichkeiten. Auf dieser Grundlage entwickelt er anschließend ein dogmatisch geschlossenes und praktisch handhabbares Konzept satzungsdurchbrechender Beschlüsse. Dabei betrachtet er auch den Sonderfall, dass die Satzung eine sog. Öffnungsklausel enthält, nach der im Einzelfall durch Gesellschafterbeschluss von den Vorgaben der Satzung abgewichen werden darf. Zahlreiche praktische Beispiele runden die Darstellung ab.

The author's investigation of early-modern Javanese law reveals that judicial authority does not come from the contents of legal titles or juridical texts, but from legal maxims and variations thereof. A century and a half ago Simon Keyzer, a recognized scholar of Javanese law, noted that understanding of that law is dependent upon a grasp of such pithy expressions, which provide the key to the whole body of suits. (Preface, C.F. Winter, Javaansche Zamenspraken, 1858, which examines hundreds of sloka, the majority of which are directed to prevailing legal practice). Drawing upon the contents of 18th century Javanese legal texts, the present work builds upon Keyzer's and Winter's references to 'sloka-phenomena', namely sloka proper (maxims) and its derivatives sinalokan (that made of sloka), aksara here meaning legal principles, and prakara (matter, case). These are usually conveyed in vignettes illustrating their function and as a group, constitute the essence of traditional Javanese written law.

Preface by R.A. Duff In line with theories of National Socialism as a continuation and radicalization of existing trends, this innovative study interprets Nazi criminal law as a racist (anti-Semitic), nationalist ("Germanic"), and totalitarian construct that continues and develops further the authoritarian and anti-liberal tendencies of German criminal law of the fin-de-siecle and the Weimar Republic. This is borne out by a systematic analysis of writings by relevant authors that focuses first and foremost on the texts, which speak for themselves, and is less concerned with morally judging the scholars who produced them. Furthermore, the study shares novel insights on the reception of German (National Socialist) criminal law in Latin America. The aforementioned continuity existed not only between the Nazi period and the eras preceding it, but also between National Socialism and the period that followed (the Bonn Republic). In short, National Socialist criminal law neither came out of nowhere nor disappeared completely after 1945. Current identitarian attempts by the so-called Neue Rechte ("New Right") to reconstruct the Germanic myth represent yet another continuation that links seamlessly to National Socialist ideology.

This book undertakes the first comparative constitutional analysis of the Kyrgyz Republic and Republics of Kazakhstan, Turkmenistan, Uzbekistan and Tajikistan in their cultural, historical, political, economic and social context. The first chapter provides a general overview of the diverse and dynamic constitutional landscape across the region. A second chapter examines the Soviet constitutional system in depth as the womb of the Central Asian States. A third chapter completes the general picture by examining the constitutional influences of the 'new world order' of globalisation, neoliberalism, and good governance into which the five states were thrust. The remaining five chapters look in turn at the constitutional context of presidents and governments, parliaments and elections, courts and rights, society and economy and culture and identity. The enquiry probes the regional patterns of neo-Sovietism, plebiscitary elections, weak courts and parliaments, crony capitalism, and constraints on association, as well as the counter-tendencies that strengthen democracy, rights protection and pluralism. It reveals the Central Asian experience to be emblematic of the principal issues and tensions facing contemporary constitutional systems everywhere.

Roman law has had a huge impact on European legal and political thought. Peter Stein, one of the world's leading legal historians, explains in this masterly short study how this came to be. He assesses the impact of Roman law in the ancient world, and its continued unifying influence throughout medieval and modern Europe. Roman Law in European History is unparalleled in depth, lucidity and authority, and should prove of enormous utility for teachers and students (at all levels) of legal history, comparative law and European Studies.

This book provides the definitive reference point on all the issues pertaining to dealing with the 'crisis of the rule of law' in the European Union. Both Member State and EU levels are considered. Particular attention is paid to the analysis of the concrete legal bases and instruments that the EU may avail itself of for enforcing rule of law, and the volume clearly demonstrates that a number of legally sound ways of rule of law oversight are available. Contributors are leading scholars who assess the potential role to be played by the various bodies in the context of dealing with the EU's rule of law imperfections.

Africa is the emerging continent of the twenty-first century and will continue to play a major role in the world politics and trade. At the center of the African experience is customary law, which remains one of the most important and quintessential forms of legal, political, and social organization and regulation in the sub-Saharan landscape. Using qualitative and quantitative data, Casper Njuguna, sets a framework for understanding the hybrid nature of this law and creates an appropriate new moniker for it—Neo-Autogenous Sub-Saharan Law (NAS law). This systematic and empirical analysis addresses philosophical issues like human rights, property rights, women’s rights, individual rights and freedoms, family relations, social structures, and political loyalties, which span beyond Africa and African scholars.

The Social Security Handbook: Overview of Social Security Programs, 2018 provides information about Social Security programs and services, and identifies rights and obligations under the Social Security laws.The completely updated Handbook, organized by section number, is a readable, easy-to-understand reference for comprehending complex Social Security programs and services and contains information on several topics relevant to Social Security policies: *How Social Security programs are administered *Who is and isn't covered under retirement, survivors, disability, and hospital insurance programs *Who is responsible for submitting the necessary evidence to support a claim *How claims are processed by the Social Security office *What Social Security benefits are owed to you *How to obtain information about your rights under Social Security policy The Handbook is designed to help users understand the gray areas of the Social Security Act, and to provide critical information about rights and obligations under Social Security laws. The Handbook outlines how to: *Protect your benefits and avoid benefit loss; *Monitor government agencies and get information about policy changes that will affect your benefits; *Make the most of hospital and Medicare coverage; *Determine the amount of benefits that are subject to federal income taxes; *Check Social Security earnings and benefits; and *Get up-to-date news about future Social Security programs and services.