By the end of the eighth century A.D., imperial China had established a system of administrative and penal law, the main institutions of which lasted until the collapse of the Ch'ing dynasty in 1911. The Spirit of Traditional Chinese Law studies the views held throughout the centuries by the educated elite on the role of law in government, the relationship between law and morality, and the purpose of punishment. Geoffrey MacCormack's introduction offers a brief history of legal development in China, describes the principal contributions to the law of the Confucian and Legalist schools, and identifies several other attributes that might be said to constitute the "spirit" of the law. Subsequent chapters consider these attributes, which include conservatism, symbolism, the value attached to human life, the technical construction of the codes, the rationality of the legal process, and the purposes of punishment. A study of the "spirit" of the law in imperial China is particularly appropriate, says MacCormack, for a number of laws in the penal codes on family relationships, property ownership, and commercial transactions were probably never meant to be enforced. Rather, such laws were more symbolic and expressed an ideal toward which people should strive. In many cases even the laws that were enforced, such as those directed at the suppression of theft or killing, were also regarded as an emphatic expression of the right way to behave. Throughout his study, MacCormack distinguishes between "official," or penal and administrative, law, which emanated from the emperor to his officials, and "unofficial," or customary, law, which developed in certain localities or among associations of merchants and traders. In addition, MacCormack pays particular attention to the law's emphasis on the hierarchical ordering of relationships between individuals such as ruler and minister, ruler and subject, parent and child, and husband and wife. He also seeks to explain why, over nearly thirteen centuries, there was little change in the main moral and legal prescriptions, despite enormous social and economic changes.

Mary Ann Glendon's A Nation Under Lawyers is a guided tour through the maze of the late-twentieth-century legal world, in which even lawyers themselves can lose their bearings. Glendon depicts the legal profession as a system in turbulence, where a variety of beliefs and ideals are vying for dominance. Dramatizing issues and events through stories of lawyers and laypersons caught up in the currents of change, she provides a frank assessment of the people and ideas that are transforming our law-dependent culture.

In January 1949 a thirty-two-year-old white woman in Martinsville, Virginia, accused seven young black men of raping her. Within two days state and local police had rounded up all the suspects and extracted confessions from them. In a series of trials that lasted eleven days, all were found guilty and sentenced to death - a sentence that was carried out, amid a storm of protest from civil-rights advocates and death-penalty opponents, in February 1951. Here is the first comprehensive treatment of the Martinsville case. Covering every aspect of the proceedings, from the commission of the crime through two sets of appeals, Eric Rise reexamines common assumptions about the administration of justice in the South. Although racial prejudice undeniably contributed to the outcome of the case, so did concerns for due process, crime control, community stability, judicial restraint, and domestic security. The success of the due process campaign by groups such as the NAACP helped curb the most egregious abuses of authority, but it did little to help defendants who conceded their guilt but protested unusually severe sentences. The author focuses on the efforts of the attorneys for the Martinsville Seven, who, rather than citing procedural errors, directly attacked the discriminatory application of the death penalty. It was the first case in which statistical evidence was used to substantiate systematic discrimination against blacks in capital cases.

This volume of essays celebrates 21 years of research by the Centre for Socio-Legal Studies in Oxford. Socio-legal studies in the United Kingdom was pioneered by the Oxford Centre, with the support of the Economic and Social Research Council and the University of Oxford. Over the course of 21 years, the Centre has produced major and innovative studies in a number of areas including: regulation, family policy, law and psychology, law and economics, and business and the law. While the face of socio-legal studies has changed over 21 years, the Oxford Centre remains at the heart of the field and will continue to provide leadership and inspiration to others working within it.This book brings together the reflections of leading scholars from around the world on the life and work of the Oxford Centre. They record how the pioneering studies carried out by the Centre have become a bench-mark for researchers, and how the discipline of socio-legal research has developed. The scholars writing in this volume pay tribute to the achievements of the Oxford Centre and its role in developing the subject of Socio-Legal Studies. The contributors are Paul Rock, Anthony Ogus, William Twining, Robert Cooter, Maureen Cain, Shari Diamond, Volkmar Gessner, Andras Sajo, Peter Fitzpatrick, Richard Abel, Michael Faure, Geoffrey Stephenson, Robert Kagan, and Stewart Macaulay.

In this New York Times bestseller, David Brock, a leading investigative journalist in America, presents an argument of the fact and fiction that made up the Hill-Thomas hearings of 1991. Presenting a thorough investigation of the evidence in the Thomas-Hill hearings, Brock argues that there was no reason to believe Anita Hill's accusations of sexual harassment against Clarence Thomas. "The Real Anita Hill is well written, carefully reasoned, and powerful in its logic. It is must reading for anyone who feels remotely touched by this case. ...The questions [Brock] leaves the reader pondering are ancient but vital: how do you keep separate the bad means and the good ends; how do you keep the bad means from rotting the entire system?" - Christopher Lehmann-Haupt, The New York Times

This is a broad history of the western European legal tradition. From the modern age the author looks back to a time when Europe had a common law that transcended national and legal boundaries. This common law, which Bellomo calls the ""ius commune"", had developed in the 12th century from the fusion of Roman, canon and feudal law. Existing within the framework of the ""ius commune"" were the local laws or ""iura propria"" - the myriad laws of everyday life, the laws particular to the various kingdoms, principalities, cities, guilds and secular and ecclesiastical corporations. Bellomo illustrates how for centuries the ""ius commune"" permeated every aspect of the ""iura propria"", marking European law indelibly with its stamp. Because the ""iura propria"" emerged from the unifying norms and principles of the ""ius commune"", one can not properly understand local European systems of law without first understanding the ""ius commune"" and its influence on the legal concepts, institutions, procedures, documents, and doctrines of the ""iura propria"". Linking his history to modern day concerns, Bellomo argues that the codification that occurred in European countries during the 18th and 19th centuries has introduced ambiguity, rigidity and uncertainty into legal systems. A new common law for the whole of Europe, he asserts, would provide a much better vehicle for legal change and development in a time when the economic barriers between European nations are crumbling. Bellomo then describes the beginnings of the ""ius commune"" in the schools of the 12th century, discusses the development of Italian, French and German ""iura propria"", and incorporates into the text sketches of the great jurists who gave common law its intellectual vigour. He concludes with an account of the humanist jurists of the 15th, 16th and early 17th centuries.

Focusing on Florence, Thomas Kuehn demonstrates the formative
influence of law on Italian society during the Renaissance,
especially in the spheres of family and women. Kuehn's use
of legal sources along with letters, diaries, and
contemporary accounts allows him to present a compelling
image of the social processes that affected the shape and
function of the law.
The numerous law courts of Italian city-states
constantly devised and revised statutes. Kuehn traces the
permutations of these laws, then examines their use by
Florentines to arbitrate conflict and regulate social
behavior regarding such issues as kinship, marriage,
business, inheritance, illlegitimacy, and gender. Ranging
from one man's embittered denunciation of his father to
another's reaction to his kinsmen's rejection of him as
illegitimate, "Law, Family, and Women" provides
fascinating evidence of the tensions riddling family life in
Renaissance Florence. Kuehn shows how these same tensions,
often articulated in and through the law, affected women. He
examines the role of the mundualdus--a male legal guardian
for women--in Florence, the control of fathers over their
married daughters, and issues of inheritance by and through
women. An ambitious attempt to reformulate the agenda of
Renaissance social history, Kuehn's work will be of value to
both legal anthropologists and social historians.
Thomas Kuehn is professor of history at Clemson
University.

Here is the new, completely updated and expanded edition of the indispensable handbook used throughout the hospitality industry since The Laws of Innkeepers first appeared in 1972. Containing all the legal information essential to the successful operation of modern hotels, motels, inns, bed-and-breakfasts, clubs, restaurants, and resorts, the book has been extensively revised by John E. H. Sherry to accomodate the far-reaching changes that have occured since the publication of the revised edition in 1981. Sherry, a practicing lawyer and professor of hotel administration, carries over from the highly praised earlier editions detailed information on the rights and responsibilities of host and guest alike. He cites actual cases-ranging from the amusing and the bizarre to the tragic-as examples, and spells out in precise and readily understandable terms exactly what state and federal law says. Broadening the scope of the book to keep up with recent legal developments, the author includes many new case decisions and sumamries from various jurisdictions. Three chapters devoted to employment law, environmental law and land use, and catastrophic risk liability are among the highlights of the new material. These new sections present recent rulings and case law on such timely topics as age, disability, and AIDS discrimination, as well as sexual harassment; government regulation of toxic and hazardous substances and hotel and resort development; and acts of God and the Public Enemy and terrorism.

In this title, stories of trails form the Vancouver courts, based on lawyer David Nuttal's 30 years of experiences working there.

Based upon the text of a seminar devised by the author which has been widely acclaimed as a breakthrough in the teaching and learning of advocacy. It is based on the personal experience of the author and has been described as invaluable as a review for the experienced advocate.;Keith Evans is a member of the English and California Bars and a former head of London Chambers./

What is social justice? In "Theories of Justice" Brian Barry provides a systematic and detailed analysis of two kinds of answers. One is that justice arises from a sense of the advantage to everyone of having constraints on the pursuit of self-interest. The other answer connects the idea of justice with that of impartiality. Though the first book of a trilogy, "Theories of Justice" stands alone and constitutes a major contribution to the debate about social justice that began in 1971 with Rawls's "A Theory of Justice."

Gold is no longer the most precious treasure of the American West. Water is.

In the arid western half of the United States, the unquenchable thirsts of industry, agriculture, and growing urban areas have nearly drained the region dry. There is no longer enough water to satisfy the conflicting claims of the many groups fighting over it.

Among the claimants are American Indian tribes. They hold water rights dating back to treaty obligations of the U.S. government--rights that often conflict with state water-rights allocation doctrines. Currently they are locked in legal combat with non-Indian adversaries in about fifty major water-rights disputes throughout the western United States. The amounts of water involved are huge, as are the potential economic benefits for the victors.

In this thorough, timely study, Lloyd Burton traces the history of American Indian water rights. Focusing on the years following the 1908 Supreme Court decision in Winters v. United States, he dissects the irreconcilable conflict of interest within the Interior Department (between the Bureau of Reclamation and the Bureau of Indian Affairs) that dates from that decision.

But Burton is not content simply to record and analyze history. He also examines methods of managing disputes in contemporary cases and offers original policy recommendations that include establishing an Indian Water Rights Commission to help with the paradoxical task now facing the federal government--restoring to the tribes the water resources it earlier helped give away.

"This book is a significant contribution to the field for three reasons. It provides a well-written and accessible review of the historical evolution of Indian water rights disputes. It includes a cogent and penetrating analysis of that history and its significance for managing current disputes. And it concludes with a suggestion which is creative and novel, if potentially difficult to implement. This is an important book . . ."William Lord, director of the Water Resources Research Center at the University of Arizona.

"No other book brings together so sharply the tribes, the federal executive and Congress, the courts, and the states. . . . An original and much-needed work."--John G. Clark, author of Energy and the Federal Government: Fossil Fuel Policies, 1900-1946.

Many books and articles have been written about the importance of the 1992 initiative of the European Community for the international economy. However, the 320 million consumers who are also citizens and voters in the twelve member states of the EC must be convinced they will benefit from a more powerful EC. Many are employees who will find their work situation vastly altered by the creation of a single internal market. Until now the European Community has had little impact on the daily lives of ordinary Europeans, as national governments provide social assistance and protection. Now, that role of national governments is threatened, and Europeans will increasingly look to the EC for social policies. The EC will become a reality in their daily lives.

This book discusses the social dimension of the 1992 initiative. It deals with both the substance and politics of the social policy, explaining both the relevance and controversial aspects of the proposed social policies for the future of European integration. Based on extensive use of primary sources and interviews, the book begins with a quick review of the history and organization of the EC, discusses major developments in employment policies, and examines current developments in social policy. The work will be of interest to those interested in international management and international human resource management as well as to political scientists.

One of the important objectives of the ASEAN Programme on Industrial Relations for Development (a joint project ILO/UNDP/ASEAN) was to promote the study and analysis of basic issues in labour relations and labour laws within the ASEAN countries. To meet this objective a number of national experts have been invited under the Project to prepare country studies on the following issues: the problem of union recognition; the administration and enforcement of collective agreements; the voluntary and compulsory arbitration of labour disputes; the right to strike and lockout. These studies, which have now been completed and published, are aimed to provide an opportunity for students, practitioners, policy-makers to acquire valuable insights based on the experience of the ASEAN countries. It is hoped that these materials will promote comparative studies in labour relations and labour laws which in turn could lead to cross-fertilisation of ideas and concepts and even to desirable reforms.

This a comprehensive study of the doctrine of precedent as applied in the Nigerian courts. The doctrine in the non-law making courts - customary courts and magistrates courts, has also been examined. The study is in three parts. Part One deals with the nature of judicial precedent and its importation from its English base into Nigeria, and its development there; Part Two examine the various factors which determine the worth of a judicial precedent; and in Part Three the future of the doctrine in Nigeria is projected. The book is accessibly written, drawing analogies with events in daily life. The author makes proposals for improving aspects of the law impacting on the doctrine; and overall makes a plea for a more creative use of precedents by the Nigerian courts, so as to ensure justice.

This walker's guide to London's unique Inns of Court gives just the right amount of information to encourage the visitor to look more closely at these ancient centres of tranquillity and charm. Several centuries ago the Inns of Court were any of a sizable number of buildings or precincts where barristers traditionally lodged, trained and carried on their profession. Over the centuries the number of active Inns of Court was reduced to the present four: Gray's Inn, Lincoln's Inn, The Inner Temple and The Middle Temple. Lincoln's Inn is able to trace its official records to 1422. However, by tradition, none of the Inns claims to be the oldest of the four. The Inns are near the western boundary of the City of London; nearby are the Royal Courts of Justice. Each Inn is a substantial complex usually with a great hall, chapel or church, libraries, gardens, sets of chambers for many hundreds of barristers covering several acres. The layout is similar to that of an 'Oxbridge' college. The 'chambers' were originally used as residences as well as business premises by many of the barristers, but today, with a small number of exceptions, they serve as offices only. The four inns are close to one another in central London. Middle Temple and Inner Temple are liberties of the City of London, which means they are within the historic boundaries of the City but are not subject to its jurisdiction. They operate as their own local authorities. These two inns neighbour each other and occupy the core of the Temple area. Gray's Inn and Lincoln's Inn are also near the boundary with the City of London. Tim Daniel's popular guide to the Inns of Court, now approaching its fortieth year in print, offers an easy to use and portable reference aid. Tim's lively writing style invites further investigation and gently encourages the reader to delve more deeply into the histories and occasional mysteries of these fascinating enclaves of legal learning.

A classic classroom reference since its 1964 publication, this indispensable volume offers the full text of Magna Carta in English, as well as a chapter-by-chapter discussion of its history and provisions.

In his newly revised commentary on this founding document in the history of constitutionally limited governments, A.E. Dick Howard places the charter in context of the extraordinary surge of constitutionalism in the aftermath of the Cold War. Magna Carta: Text and Commentary is a cogent introduction to Magna Carta that students everywhere can readily appreciate.

The European Union is in crisis. Public unease with the project, Euro problems and dysfunctional institutions give rise to the real danger that the European Union will become increasing irrelevant just as its member states face more and more challenges of a globalised world. Jean-Claude Piris, a leading figure in the conception and drafting of the EU's legal structures, tackles the issues head on with a sense of urgency and with candour. The book works through the options available in light of the economic and political climate, assessing their effectiveness. By so doing, the author reaches the (for some) radical conclusion that the solution is to permit 'two-speed' development: allowing an inner core to move towards closer economic and political union, which will protect the Union as a whole. Compelling, critical and current, this book is essential reading for all those interested in the future of Europe.

This book is a legal practice guide for the collection, storage and analysis of personal and other data in Big Data applications. It contains numerous guidelines and graphic illustrations/graphics to offer well-founded, practice-oriented support. The book illuminates the legal scope of Big Data and at the same time closes a gap in the legal literature on the subject. Its content goes beyond the purely data protection law view and combines questions in the Big Data environment, among others, from the legal sources, the protection of industrial property rights and data protection. In addition to personal data, the book also looks at non-personal data (technical data or anonymous data), which is often mixed together for Big Data analyses. These different types of data may originate from different rightholders, may be subject to different national laws, may require different legal bases and/or may be used for different analysis purposes.