This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflects broader American intellectual and cultural concerns.

Law and Justice in China's New Marketplace provides the first comprehensive multidisciplinary analysis of the jurisprudence and related law underlying the contemporary Chinese transition to the 'socialist market economy'. New 'pluralized jurisprudence' has moved beyond Marxist class analysis to consider a new balance of values relating to economic efficiency and social justice in the marketplace, and yet the interior debates and perspectives concerning these values are virtually unknown in the Western scholarly literature. By analysing the changing Chinese approach in law to the adjustment of social interests in the context of profound economic change , Law and Justice in China's New Marketplace provides a unique reference tool. It outlines the new vocabulary of market jurisprudence and law and examines new legal thinking on rights protection with reference to widely ranging and often hot internal debate over human rights, property law and procedural or judicial justice.

This volume is a collection of essays written by Samuel E. Thorne, former legal historian and professor at the Harvard Law School. Professor Thorne was considered an authority on English legal history and common law up to the 12th century. Bringing together essays on topics such as Henry I's coronation charter, English feudalism, the early history of the Inns of Court, sovereignty and the conflict of laws and Tudor social transformation, as well as the life and writings of key figures such as Henry de Bracton and Sir Edward Coke, this collection is the essential companion to Professor Thorne's work in the field.

One of the most comprehensive examinations of US torture policy, from the Cold War to the War on Terror to the debate over accountability Waterboarding. Sleep deprivation. Sensory manipulation. Stress positions. Over the last several years, these and other methods of torture have become garden variety words for practically anyone who reads about current events in a newspaper or blog. We know exactly what they are, how to administer them, and, disturbingly, that they were secretly authorized by the Bush Administration in its efforts to extract information from people detained in its war on terror. What we lack, however, is a larger lens through which to view America's policy of torture-one that dissects America's long relationship with interrogation and torture, which roots back to the 1950s and has been applied, mostly in secret, to "enemies," ever since. How did America come to embrace this practice so fully, and how was it justified from a moral, legal, and psychological perspective? The United States and Torture opens with a compelling preface by Sister Dianna Ortiz, who describes the unimaginable treatment she endured in Guatemala in 1987 at the hands of the the Guatemalan government, which was supported by the United States. Then a psychologist, a historian, a political scientist, a philosopher, a sociologist, two journalists, and eight lawyers offer one of the most comprehensive examinations of torture to date, beginning with the CIA during the Cold War era and ending with today's debate over accountability for torture. Ultimately, this gripping, interdisciplinary work details the complicity of the United States government in the torture and cruel treatment of prisoners both at home and abroad and discusses what can be done to hold those who set the torture policy accountable. Contributors: Marjorie Cohn, Richard Falk, Marc D. Falkoff, Terry Lynn Karl, John W. Lango, Jane Mayer, Alfred W. McCoy, Jeanne Mirer, Sister Dianna Ortiz, Jordan J. Paust, Bill Quigley, Michael Ratner, Thomas Ehrlich Reifer, Philippe Sands, Stephen Soldz, and Lance Tapley.

How can the concept of abuse of European Union law - which can be defined as undesirable choice of law artificially made by a private citizen - generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.

The Treaty on European Union introduced specific objectives for the Development Co-operation Policy of the Community. The inclusion of Articles 130u--y marks an important stage in the emergence of the Community's Development Co-operation Policy. It affords the Community an opportunity to eliminate the inconsistencies of the past which have arisen through the gradual and patchwork development of that policy. It also affords the Community a much-needed opportunity to adopt an integrated and coherent policy which will promote the economic and social development of all developing countries and their gradual integration into the world economy and which should make a significant contribution to the campaign against poverty in developing countries. The general scope of the objectives set for the Development Co-operation Policy are examined in Chapter One, which provides an overview of the development of the general outline of that policy up to 1992. Chapters Two to Five concentrate on the region-specific application of the Community's Development Co-operation Policy by examining the relationships established through the Lome Conventions with the countries of Africa, the Caribbean and the Pacific, and through other agreements with the countries of the Mediterranean, Latin America and Asia. In each chapter, the focus of attention is the trading relationship established with the Community. Chapter Six is an examination of two problems of co-ordination; between the Development of Co-operation Policy and other Community policies; and between the Community Policy and those of the Member States. The conclusion emerging from the discussion is that one very important area of co-ordination was omitted from the provisions of Articles u--y, namely the co-ordination of the instruments of development co-operation themselves. The final chapter proposes a new Development Co-operation Policy for the Community to meet new objectives set by Articles 130u--y.

Islamic law is the epitome of Islamic thought, the most typical manifestation of the Islamic way of life, the core and kernel of Islam itself, asserts Joseph Schacht the internationally renowed Islamic law scholar. Indeed, the primary place of law in Islam as well as the preponderance of the legal over the theological in Muslim thinking has long been recognized by both Muslim jurisprudents and by Western legal scholars. At a time when Islamic fundamentalism is flourishing, the relation of religion in and to law-related behavior needs to be scrutinized. In its eight chapters, contributed by various experts in the field and with a cogent introduction by editor Daisy Hilse Dwyer that focuses on the sources of law, the reasons for its centrality in the Middle East, and personal status law, this volume considers Middle Eastern law as practiced by Muslims in a diversity of Middle Eastern nations. The dynamics of dispute settlement, the interaction of court personnel with litigants, the content of legislation, and the promulgation of public policies about law are detailed here as well as the power dynamics of laW's interpersonal, intergroup, and international sides. Focusing on the specifics of contemporary politics and social life, the volume provides a baseline for understanding how, and the degree to which, the legal principles and the legal ethos elaborated in Islam centuries ago continue to provide a vital dynamic in legal behavior and thinking today.

The first five chapters deal with the on-the-ground intricacies of personal status law. They detail the complex blend of options and constraints that Middle Easterners experience in confronting personal status issues and examine the different approaches to these issues by contrasting regional evironments and differentially empowered social groups. The last three chapters assess law in the public domain-an area in which the most striking recent applications of Islamic law have occurred. Law and Islam in the Middle East will be of particular value to international law experts, students of Islam, comparative law, and the Middle East, as well as practicing social scientists and others who seek a practical and philosophical understanding of how the spirit and letter of Islamic law constitute and reconstitute themselves with a fine-tuned responsiveness to a continuously changing nation and world.

Prove It With Figures displays some of the tools of the social and statistical sciences that have been applied in the courtroom and to the study of questions of legal importance. It explains how researchers can extract the most valuable and reliable data that can conveniently be made available, and how these efforts sometimes go awry. In the tradition of Zeisel's standard work "Say It with Figures," the authors clarify, in non-technical language, some of the basic problems common to all efforts to discern cause-and-effect relationships. Designed as a textbook for law students who seek an appreciation of the power and limits of empirical methods, this is also a useful reference for lawyers, policymakers, and members of the public who would like to improve their critical understanding of the statistics presented to them. The many case histories include analyses of the death penalty, jury selection, employment discrimination, mass torts, and DNA profiling.

The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in European Union Law, the Law of the Council of Europe, and Comparative Law with a "European" dimension, and particularly those which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, which is the research Centre of Cambridge University Law Faculty specialising in European legal issues. The papers presented are all at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the civil services of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 3 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Philip Allott, Tony Arnull, Catherine Barnard, Dan Goyder CBE, Rosa Greaves, Bob Hepple, Lord Lester of Herne-Hill QC, David O'Keeffe, Stephanie Palmer, David Vaughan QC, David Williams Q.C., D.A.Wyatt Q.C. Founding Editors: Alan Dashwood and Angela Ward

"Race" does not speak to most white people. Rather, whites tend to associate race with people of color and to equate whiteness with racelessness. As Barbara J. Flagg demonstrates in this important book, this "transparency" phenomenon--the invisibility of whiteness to white people-- profoundly affects the ways in whites make decisions: they rely on criteria perceived by the decisionmaker as race-neutral but which in fact reflect white, race-specific norms.

Flagg here identifies this transparently white decisionmaking as a form of institutional racism that contributes significantly, though unobtrusively, to the maintenance of white supremacy. Bringing the discussion to bear on the arena of law, Flagg analyzes key areas of race discrimination law and makes the case for reforms that would bring legal doctrine into greater harmony with the recognition of institutional racism in general and the transparency phenomenon in particular. She concludes with an exploration of the meaning of whiteness in a pluralist culture, paving the way for a positive, nonracist conception of whiteness as a distinct racial identity.

An informed and substantive call for doctrinal reform, Was Blind But Now I See is the most expansive treatment yet of the relationship between whiteness and law.

An interdisciplinary account of language and the law, this text looks at court interpreting and the nature of verbal interaction in the courtroom. Linguistic problems experienced due to personality and language factors, and the intimidating nature of legal discourse are also discussed.

'This is a provocative re-examination of our legal history appearing at a time when Australians are reconsidering both their past and their future.' - The Hon. Justice Michael Kirby AC CMG, President of the New South Wales Court of AppealThe imperial view of Australian law was that it was a weak derivative of English law. In An Unruly Child, Bruce Kercher rewrites history. He reveals that since 1788 there has been a contest between the received legal wisdom of Mother England and her sometimes unruly offspring. The resulting law often suited local interests, but was not always more just.Kercher also shows that law has played a major role in Australian social history. From the convict settlements and the Eureka stockade in the early years to the Harvester Judgement, the White Australia Policy and most recently the Mabo case, central themes of Australian history have been framed by the legal system.An Unruly Child is a groundbreaking work which will influence our understanding of Australia's history and its legal system.

There is more to law than rules, robes and precedents. Rather, law is an integral part of social practices and policies, as diverse and complex as society itself.Thinking About Law offers a comprehensive introduction to the ways in which law has been presented and represented. It explores historical, sociological, economic and philosophical perspectives on the major legal and political debates in Australia today.The contributors examine the position of Aborigines in the Australian legal system and the impact of the Mabo case; divisions of power in Australian society and law; the question of objectivity in law; the relationship between legislation and social change; judicial decision-making and other issues.Accessibly written, Thinking About Law is essential reading for students and anyone interested in understanding our legal system.

This fully updated and accessible textbook combines Year 1 and Year 2 content for the refreshed OCR specification with brand new cases, activities and features to provide comprehensive support for the A level course. Written by experts Nigel Briggs, Nick Price and Richard Wortley, and edited by Sue Teal, the content is carefully tailored to the OCR specification. - Develop conceptual understanding with full coverage of all topics in the OCR A level specification in one book. - Establish a firm understanding with key term definitions and tables of relevant cases and legislation for each topic. - Build sound knowledge and analysis throughout the course with knowledge-based questions and revision summaries at the end of each chapter. This Student Book is endorsed by OCR - This title fully supports the specification - It has passed OCR's rigorous quality assurance programme - It is written by curriculum experts

This is the sixth and latest addition to the European Union Studies Association's prestigious series, State of the European Union. The contributors of this volume take the dynamic interaction between law, politics and society as a starting point to think critically about key recent events in the European Union, while bringing to the forefront why these developments matter for ordinary citizens.

As the world's largest country struggles with itself to build `rule by law', how is this process reshaping Communist Party rule? The Politics of Lawmaking in China examines how China's political and legal structure is quietly but dramatically changing from within, rather than being overthrown from below as in Eastern Europe. Examining the changing relationship between the National People's Congress and the Communist party hierarchy, this book casts light on China's fight to move toward law and democratization.

On the occasion of the 50th anniversary of the European Economic Community and the 15th anniversary of the European Union, this book brings to the fore 50 years of European integration. It reflects on the foundations of these entities, their present state and their future. It focuses on three important themes that have gained particular importance throughout the years: (1) the constitutional architecture of the Treaties and the role of the institutions and other bodies within the institutional setting; (2) the need for further integration and the possible limits or needs for a more differentiated approach to integration, and (3) the EU's borders and identity, including the issues of enlargement, European neighbourhood policy and EU citizenship. In conclusion, the book raises the question whether the European integration process can serve as a model for other regional integration processes. Hence, it compares the South American, African and Asian integration processes and tries to detect commonalities and differences in relation to the European Union integration process. The unique character of this book will be particularly appealing to practitioners working in or with the EU institutions and law, both inside the EU as outside, in America, Africa and Asia. It is a valuable source of information for master and graduate students in European law and European studies, and those interested in other regional integration processes. The Editors of the book are both affiliated to Maastricht University, Maastricht, The Netherlands, and working in the department of European and International Law. Andrea Ott as a Senior Lecturer in European Union Law and Ellen Vos as a Professor of European Union Law.

This volume,which offers a bridge between comparative law and legal theory, centers upon debates about European legal integration, and, more generally, about the methodology of comparative law. What should be compared? Statutory rules, case law, legal history, law's political, sociological and economical environment, the ideological background of the lawyers, legal techniques, legal traditions, legal cultures, etc.? This question is at the core of many current debates and is discussed in many of the papers contained in this volume. The contributors all attempt to locate law in its context, and adopt a more theoretical and interdisciplinary approach to making comparisons. In taking an interdisciplinary approach many of the contributors look at our current law from the point of view of one non legal discipline, with an eye on at least some other elements of law's context: notably legal history, legal sociology (especially 'legal culture') and linguistics. They also contribute new ideas to various areas of legal theory including legal epistemology, pluralist or monist conceptions of a 'legal system', legal methodology, judicial reasoning, the theory of legal sources, and the analysis of concepts such as 'equality', 'rights', 'legal principles', 'personal rights' and 'personal identity'.

Exploring the development of the European Union, this book examines the ways in which it has been studied over fifty years from the vantage point of four disciplines, each side of the Atlantic, and both academic and practitioner perspectives. Drawing on contributions by some of the world's leading scholars in the field, it maps the past and present of both the EU and EU studies before setting out a provocative agenda for future work in the area.

From 1997 to 2001, more than 4,000 privatization operations have been carried out in more than 100 countries, bringing in government revenues of over 1,362 billion dollars. The phenomenon, which grew exponentially at the end of the 1990s and then abruptly slowed down, had dramatic consequences on the performance of state-owned enterprises and a significant impact on industrialized countries, as well as emerging and less developed economies. Yet there have been surprisingly few attempts to provide a systematic empirical account of the privatization process at the worldwide level. Why do governments privatize? Why do some countries accomplish large-scale privatization programmes, and others never privatize at all? Is privatization a trend or a cycle? Furthermore, how do governments privatize? Do governments really transfer ownership and control of state-owned enterprises or does private ownership tend to coexist with public control? This book provides some answers to these important questions trying to test research hypotheses set forth by the recent economic theory of privatization. Comprehensive cross-country empirical analyses carried out over a period of more than twenty years are used in the book to show that privatization has taken place all over the world, sometimes spontaneously, more often under the pressure of economic and budgetary constraints. Several of the goals of the privatization have been met, but despite proclamations and programmes, only a small minority of countries has carried out a genuine privatization process, completely transferring ownership of state-owned enterprises to the private sector. A lack of political will is to some extent at the root of this reluctance. However this reluctance can be traced back partly to structural factors that would make an orderly privatization difficult, such as the absence of developed capital markets, appropriate regulation, and suitable institutions.

Elliott Hahn provides Western business leaders and their attorneys with an understanding of the complexities of the Japanese business and legal systems. It presents an overview of Japanese business law, a detailed analysis of the specific role of attorneys in Japan, and enlightenment on the Japanese legal interpretation of important issues such as anti-trust, contract, and patent and trademark laws. Hahn provides practical guidance for the Westerner on how to negotiate and act within the Japanese legal system and the specifics of Japanese business, licensing, and contract law. Finally, he gives the reader insights into many of the nuances underlying the beliefs, customs, modes of behavior, and values of the Japanese people. Tables, charts, and graphs complete this valuable information source.

Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States' and EU law, this book provides a definition of procedural autonomy able to account for the concept's inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of 'procedural autonomy' of the Member States, national procedural law becomes more and more 'functionalized' to the requirements of effectiveness of substantive EU law. As such, we should speak of a 'functionalized procedural competence' rather than of procedural autonomy. But this is by no means a case of "Paradise Lost." The book includes a foreword by Prof. Jurgen Schwarze, one of the founding fathers of European Administrative Law.

This first comprehensive guide to English-language criminal justice materials on Israel covers over 820 sources written between 1948 and 1993. The books, book chapters, articles, and annual and other professional reports have been written by both Israeli and non-Israeli authors. The topic was defined broadly to serve students, teachers, researchers, and professionals in different disciplines and to review the important literature on a score of topics, such as addiction, corrections and probation, correctional treatment, crime and society, homicide, juvenile delinquency, organized crime, law enforcement, rape and violence, suicide, terrorism, and white collar crime. Keywords with each entry and a detailed author, journal, and subject index make the research easily accessible. This first comprehensive guide to English-language criminal justice materials on Israel covers over 820 sources written between 1948 and 1993. The books, book chapters, articles, and annual and other professional reports have been written by both Israeli and non-Israeli authors. The bibliography also points to important works on criminal justice generally by Israeli authors. The topic was defined broadly to serve students, teachers, researchers, and professionals in different disciplines, and a typology was created for this purpose. The bibliography is organized into 21 topical chapters on a score of topics: addiction, corrections and probation, correctional treatment, crime and society, crime by and among the aged, criminal justice, criminology and deviant behavior, fear of crime, homicide-aggression-violence, juvenile delinquency and juvenile justice, law, law enforcement, organized crime, political deviance and violence, rape and violence, social stress, suicide, terrorism, traffic offenses, victimology, and white collar crime. Keywords with each entry and a detailed author, journal, and subject index make the research easily accessible.

This book offers the first systematic investigation of the phenomenon of soft law within the framework of the EC (the first pillar of the EU),and its use by the European Commission and Council of Ministers. It focusses upon how soft law fits into the Community legal system, and how it is used, and, in particular, how it relates to Community legislation. Differentiation of the Community instruments, including the instruments of soft law, is often thought to enhance the effectiveness, legitimacy and transparency of the Community. This book asks whether soft law indeed provides a satisfactory alternative to legislation from this perspective and, if so, in what cases and under what conditions. Furthermore, the author asks to what extent the use of soft law implies good governance, and throws fresh light on this very heterogenous phenomenon, by looking at frequently used instruments in many different areas of Community law, such as competition law, state aid, environment, social policy etc., in the process identifying their different characteristics, aims, functions and legal effects. What emerges is that the conditions under which soft law is used may be problematic in relation to increasing the legitimacy, effectiveness and transparency of Community action. This is a work which will interest legal practitioners confronted with the use of soft law and the question of its possible legal effect in an increasing number of sectors and academics interested in the vexed question of how the increased use of soft law can be justified in a Community legal order built upon the rule of law. It is also critical of developments taking place within the framework of the European Convention and the proposed European Constitution, and goes beyond the immediate problems of soft law to touch upon issues such as competence, legal protection, division of powers between the EC and the Member States, institutional balance, lawmaking by the Community Courts, the scope of Community legal principles and the influence of soft law on the progressive development of both Community and national law.

This work combines a theoretical approach to legal translation with a practical exposition of how relevant principles may be applied to the French legal system. In two introductory chapters, the author discusses what is meant by "legal language" and goes on to decribe the techniques available for translating legal terms. The remaining chapters provide a detailed account of the French legal system.