This innovative study considers how approximately seven thousand male graduates of law came to understand themselves as having a legitimate claim to authority over nineteenth-century Brazilian society during their transition from boyhood to manhood.
While pursuing their traditional studies at Brazil's two law schools, the students devoted much of their energies to theater and literature in an effort to improve their powers of public speaking and written persuasion. These newly minted lawyers quickly became the magistrates, bureaucrats, local and national politicians, diplomats, and cabinet members who would rule Brazil until the fall of the monarchy in 1889.

Andrew J. Kirkendall examines the meaning of liberalism for a slave society, the tension between systems of patriarchy and patronage, and the link between language and power in a largely illiterate society. In the interplay between identity and state formation, he explores the processes of socialization that helped Brazil achieve a greater measure of political stability than any other Latin American country.

A landmark narrative of an epic legal battle, Civil Warriors is the gripping behind-the-scenes account of how one tenacious lawyer led the charge against the titans of the tobacco industry.

Drawing on five years of eyewitness reporting, thousands of pages of internal documents, and riveting firsthand stories of plaintiffs, lawyers, jurors, and scientists, Civil Warriors weaves the compelling story of attorney Ron Motley, who, along with other die-hard lawyers, scientists, and tobacco-busters, fought tirelessly to bring the tobacco industry to justice.

Taking us onto the front lines of Motley’s crusade, investigative journalist Dan Zegart follows the attorney to a dangerous underworld where maverick scientists and corporate whistle-blowers step from the shadows to reveal the truth behind the industry “spin.”

We meet the unforgettable cast of characters that draw Motley on toward his goals ... the mysterious ex-Reynolds employee known as “Deep Cough,” who told where evidence on nicotine-laced tobacco was hidden ... the researchers who proved the addictive nature of nicotine — and were advised by the FBI to check their cars for bombs every morning.

And we witness how Ron Motley led his quest for truth, justice, and hundred-billion-dollar awards ... to penetrate, finally, the “control room of the conspiracy,” an inner circle of lawyers who protected tobacco for thirty years. Civil Warriors is at once a grand adventure and a towering work of investigative journalism — an eye-opening report on the way justice really works in America today.

`An excellent reader. It contains all the basic ingredients of a superb teaching book with the qualities of a thought-provoking text.... Should be required reading for all students of criminal justice policy and it will be a valuable teaching resource for all those involved in the delivery of courses on young people, justice and punishment' - Punishment and Society

`This is a valuable student text; carefully collated and with an abuntant array of material... and will surely become a widely used course reader. For the practitioner and general reader it is a book to dip into, a means to access debates and remind oneself of the ebb and flow of policy' - Youth Justice

Youth Justice brings together for the first time the most influential international contributors to the emergent field of youth justice studies.

Youth Justice provides:

· a critical introduction to the intellectual reframing of the history, theory, policy and practice of youth justice.

· an essential resource of key debates and controversies from across the range of disciplines engaged in the study of youth in the social sciences

· editorial essays at the beginning of each substantive section of the

volume

· specially commissioned chapters at the end of each section, which place the readings in their theoretical and historical context.

The Reader is the set text for The Open University course, Youth Justice, Penality and Social Control (D864).

The Third Edition of this popular anthology examines contemporary gangs, gang life, and law enforcement efforts to study and coordinate the community?s response to them. The book contains original essays from a broad array of renowned researchers and experienced practitioners who work with gangs. A wide variety of current topics and issues are covered, including: female gangs and ganging; ethnic diversity; economic, neighborhood and school contexts of gang behavior; gun and drug relationships, and research methods used in the study of gangs.

`This text represents a major contribution to the literature on crime prevention and community safety. It goes beyond existing literature in bringing together sophisticated theoretical analysis on these topics which are core issues for government at local as well as national levels. And it also brings a much needed international perspective to our understanding of the local governance of crime' - Kevin Stenson, Professor of Criminology, Buckinghamshire Chilterns University College

Crime Prevention and Community Safety provides an essential introduction to the complex issues and debates in the field of crime control and the new politics of safety and security across the globe. Collectively the contributions to this volume present a critique of current policy and open up the field of study to new directions.

While engaging with the dominant focus on `what works' in crime reduction and community safety, the book also moves beyond the traditionally narrow, technical boundaries of much previous debate.

Crime Prevention and Community Safety: New Directions looks at:

-The relationship between crime control, communities and the nation state;

-The diverse and changing sites of conflict, compromise and collusion around crime control policies;

-Wider issues relating to `risk', 'safety' and `security'.

The central feature of the volume as a whole is a commitment to exploring new directions for research and analysis, theoretically, empirically and comparatively. In opening up the varying and volatile spaces for crime prevention and community safety within the more general politics of social order, the book provides a critical rethinking of traditional connections between criminology, social policy and politics.

Crime Prevention and Community Safety will be essential reading for students of criminology, criminal justice, community safety, socio-legal studies, sociology of crime and deviance and social policy.

This is a course Reader for The Open University course D863 Community Safety, Crime Prevention and Social Control

The purpose of this book is to compare and analyse covenantal and contractual models, which are used to arrange and order complex relationships of the business corporation. This book will show that covenant and contract are different concepts for envisioning responsible relationships, and that covenantal interpretation is superior to contractual interpretation. The difference and superiority of the covenantal model comes from its connectional understanding of human nature, the purpose of the business corporation, and moral values. Thus, this book argues that business relationships based upon making a 'covenant' with others expand reasonability beyond legal contract, and integrate moral commitment and theological vision into the business realm.

This book comprises a collection of papers given at the third biennial conference of the Centre for Property Law at the University of Reading held in March 2000, and is the first in the series "Modern Studies in Property Law." The Reading conference is becoming well-known as a unique opportunity for property lawyers to meet and confer both formally and informally; this volume marks a new development, being a refereed and revised selection of the papers given there. Speakers from around the world focus on issues of immediate importance ranging from human rights to electronic conveyancing, as well as timeless but ever-relevant subjects such as trusts, mortgages and the numerus clausus of property rights. As ever, a range of international topics is discussed, this time including land registration in the Nordic countries, and the re-privatization of land in Eastern Europe.

Antitrust in Germany and Japan presents an innovative, comparative analysis of the development and enforcement of two antitrust regimes, illustrating how each was shaped by American occupation strategies and policies following World War II. First imposed in 1947, the anti-trust controls in Germany and Japan were the world's first outside the United States. Those enacted in Japan continue in force, whereas in Germany, following a decade of debate, the occupation legislation was superseded in 1975 by the Law Against Restraints of Competition.

This study explores the ironies and errors that led to the enactment of the German and Japanese statutes and emphasizes the unexpected degree of convergence that has occurred during the past fifty years through amendment and practice. It compares in detail the institutional structure and processes for the enforcement of antitrust controls as well as the system of remedies and sanctions available under each statute. It notes the debates in Germany and Japan over the effectiveness of statutes, particularly the still timely debate in 1970s Germany over a proposal for criminal sanctions.

Antitrust in Germany and Japan reveals many unexpected and controversial similarities between the two antitrust regimes and demonstrates the extent to which American policy toward Germany determined American policy in Japan not only during presurrender planning but also throughout the occupation. It also challenges the prevailing view of the relative strength of antitrust controls in Germany relative to the weakness of antitrust in Japan.

This book will be of interest to corporate lawyers as well as to legal historians and scholars of political economy.

This classic study deals with the theory and practice of Islamic law in both the formative classic and modern periods and over a range of societies. It is divided into four sections dealing with legal theory; fatwas and muftis in classical Islamic law; the position of religious minorities under Islamic law, and modern developments in Islamic law. The book explores the concept of Ijtihad, or juristic disgression--the process through which a jurist apprehends God's law and can turn it into a legal ruling--and how this has influenced the formulations of law in both Sunni and Shi'i Islam. The subject is viewed from an historical as well as a theoretical angle.

Issues spawned by the headlong pace of developments in science and technology fill the courts. How should we deal with frozen embryos and leaky implants, dangerous chemicals, DNA fingerprints, and genetically engineered animals? The realm of the law, to which beleaguered people look for answers, is sometimes at a loss-constrained by its own assumptions and practices, Sheila Jasanoff suggests. This book exposes American law's long-standing involvement in constructing, propagating, and perpetuating a variety of myths about science and technology. Science at the Bar is the first book to examine in detail how two powerful American institutions-both seekers after truth-interact with each other. Looking at cases involving product liability, medical malpractice, toxic torts, genetic engineering, and life and death, Jasanoff argues that the courts do not simply depend on scientific findings for guidance-they actually influence the production of science and technology at many different levels. Research is conducted and interpreted to answer legal questions. Experts are selected to be credible on the witness stand. Products are redesigned to reduce the risk of lawsuits. At the same time the courts emerge here as democratizing agents in disputes over the control and deployment of new technologies, advancing and sustaining a public dialogue about the limits of expertise. Jasanoff shows how positivistic views of science and the law often prevent courts from realizing their full potential as centers for a progressive critique of science and technology. With its lucid analysis of both scientific and legal modes of reasoning, and its recommendations for scholars and policymakers, this book will be an indispensable resource for anyone who hopes to understand the changing configurations of science, technology, and the law in our litigious society.

Electronic information networks offer extraordinary advantages to business, government, and individuals in terms of power, capacity, speed, accessibility, and cost. But these same capabilities present substantial privacy issues. With an unprecedented amount of data available in digital format--which is easier and less expensive to access, manipulate, and store--others know more about you than ever before.

Consider this: data routinely collected about you includes your health, credit, marital, educational, and employment histories; the times and telephone numbers of every call you make and receive; the magazines you subscribe to and the books your borrow from the library; your cash withdrawals; your purchases by credit card or check; your electronic mail and telephone messages; where you go on the World Wide Web. The ramifications of such a readily accessible storehouse of information are astonishing.

Governments have responded to these new challenges to personal privacy in a wide variety of ways. At one extreme, the European Union in 1995 enacted sweeping regulation to protect personal information; at the other extreme, privacy law in the United States and many other countries is fragmented, inconsistent, and offers little protection for privacy on the internet and other electronic networks.

For all the passion that surrounds discussions about privacy, and the recent attention devoted to electronic privacy, surprisingly little consensus exists about what privacy means, what values are served--or compromised--by extending further legal protection to privacy, what values are affected by existing and proposed measures designed to protect privacy, and what principles should undergird a sensitive balancing of those values.

In this book, Fred Cate addresses these critical issues in the context of computerized information. He provides an overview of the technologies that are provoking the current privacy debate and discusses the range of legal issues that these technologies raise. He examines the central elements that make up the definition of privacy and the values served, and liabilities incurred, by each of those components. Separate chapters address the regulation of privacy in Europe and the United States. The final chapter identifies four sets of principles for protecting information privacy. The principles recognize the significance of individual and collective nongovernmental action, the limited role for privacy laws and government enforcement of those laws, and the ultimate goal of establishing multinational principles for protecting information privacy.

Privacy in the Information Age involves questions that cut across the fields of business, communications, economics, and law. Cate examines the debate in provocative, jargon-free, detail.

Health, safety, and environmental regulations have been traditionally perceived as distinct entities from trade policy, yet today they have become intertwined on a global scale. In this pioneering work, David Vogel integrates environmental, consumer, and trade policy, and explicitly challenges the conventional wisdom that trade liberalization and agreements to promote free trade invariably undermine national health, safety, and environmental standards. Vogel demonstrates that liberal trade policies often produce precisely the opposite effect: that of strengthening regulatory standards. The most comprehensive account of trade and regulation on a global scale, this book analyzes the regulatory dimensions of all major international and regional trade agreements and treaties, including GATT, NAFTA, the Free Trade Agreement between Canada and the United States, and the treaties that created the European Community and Union. He explores in depth some of the most important trade and regulatory conflicts, including the GATT tuna-dolphin dispute, the EC's beef hormone ban, the Danish bottle case, and the debate in the United States over the regulatory implications of both NAFTA and GATT. This timely book unravels the increasingly important and contentious relationship between trade and environmental, health, and safety standards, paying particular attention to the politics that underlie trade and regulatory linkages. Trading Up is essential reading for the business community, policymakers, environmentalists, consumer interest groups, political scientists, lawyers, and economists.

Judith Wagner DeCew provides a solid philosophical foundation for legal discussions of privacy by articulating and unifying diverse arguments on the right to privacy and on how it should be guaranteed in various contemporary contexts. Philosophers and legal theorists tend either to define privacy narrowly or to abandon privacy as conceptually incoherent, she claims. In order to assess how far privacy should extend, and determine how the wide range of specific cases can be reconciled, DeCew surveys the history of the notion of privacy as it first evolved in American tort law and constitutional law and then analyzes current characterizations. In different contexts, privacy has been defined on the basis of information, autonomy, property, and intimacy. DeCew's broader claim is that privacy has fundamental value because it allows us to create ourselves as individuals, offering us freedom from judgment, scrutiny, and the pressure to conform. Feminist theorists often view privacy as a tool for shielding abuses. DeCew responds to this feminist critique of privacy, as well as addressing the issues of abortion and of gay and lesbian sexuality in the context of specific landmark legal cases. In discussions of Roe v. Wade, Bowers v. Hardwick, and the Hart/Devlin debates on decriminalization of homosexuality and prostitution, DeCew applies her broad theory to sexual and reproductive privacy, anti-sodomy laws, and the legislation and enforcement of morals. She finally discusses the intersection of privacy with public safety concerns, such as drug testing, and in light of new communication technologies, such as caller ID.

Pollock and Maitland's classic The History of English Law before the time of Edward I is perhaps unique amongst late Victorian historical works in remaining the fundamental text on its subject a hundred years later. The current volume gathers leading legal historians to celebrate Maitland's achievement, to analyse his methods, to assess his legacy, and to suggest new directions for research into the history of English law before the reign of Edward I.

In 1894, disturbed by the blatant collusion between the courts and industry against labor during the Pullman Strike, Clarence S. Darrow (1857-1938) resigned from his lucrative job as chief counsel for the Chicago and North Western Railway to defend, without fee, Eugene V. Debs, president of the nascent American Railway Union. His bold action - the first of many - marked the beginning of one of the most extraordinary and influential legal careers in American history. In The Story of My Life he recounts, and reflects on, his more than fifty years as a corporate, labor, and criminal lawyer, including the most celebrated and notorious cases of his day: establishing the legal right of a union to strike in the Woodworkers' Conspiracy Case; exposing, on behalf of the United Mine Workers, the shocking conditions in the mines - and the widespread use of child labor; defending Leopold and Loeb for the Chicago "thrill" murder; defending a teacher's right to present the Darwinian theory of evolution in the famous "monkey" trial; fighting racial hatred in the Sweet anti-Negro and Scottsboro cases; and much more. Written in his disarming, conversational style, and full of refreshingly relevant views on capital punishment, civil liberties, and the judicial system, Darrow's autobiography is a fitting final summation of a remarkable life.

What can law firms do to ensure justice for all? How can they serve the needs of those unable to pay? How can law firms improve the quality of life for their lawyers? At a time when government support for legal aid is limited and under fire, when recent U.S. presidents have urged increased volunteerism, when the American Bar Association's Law Firm Pro Bono Challenge is under way, and when some within the legal profession have called for mandatory pro bono work, this new book examines these important questions. The Law Firm and the Public Good blends academic scholarship with real world experience as it brings together lawyers who have wrestled with the pressures of everyday practice. Concerned about deepening the commitment of large law firms to the wider community, the authors seek to provide a blueprint for firms concerned with creating, developing, implementing, and evaluating pro bono programs. Moving beyond the ethical arguments which justify a law firm's commitment to community service, the authors argue that pro bono work is in the firm's self-interest. They show that a heightened concern with the public good can improve a lawyer's spirit, sharpen lawyering skills, and enhance the humanistic traditions of law practice. They conclude that professional responsibility and self- interest support the same conclusion: that the law firm and the public good are inextricably linked and that each can draw strength from the other in ways that nourish both. The contributors are William A. Bradford, Jr., Hogan & Hartson; Senior Circuit Judge Frank M. Coffin, U.S. Court of Appeals for the First Circuit; Anthony F. Earley, Jr., Detroit Edison; Marc Galanter, University of Wisconsin-Madison; Donald W. Hoagland, Davis, Graham & Stubbs; William C. Kelly, Jr., Latham & Watkins; Esther F. Lardent, director of the ABA's Law Firm Pro Bono Project; Edwin L. Noel, Armstrong, Teasdale, Schlafly & Davis; Thomas Palay, University of Wisconsin-Madison; Judge Barrington D. Parker, Jr., U.S. District Court, Southern District of New York; and Lewis F. Powell, III, Hunton & Williams.

This updated edition includes an examination of force majeure in French law, the drafting of force majeure clauses, its usage in shipbuilding contracts, and the application of commercial impracticality under article 2-165 of the Uniform Commercial Code.

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.

Recent advances in medical technology have greatly increased physicians' ability to prolong life and have provoked widespread public concern regarding the rights of individuals to refuse treatment. The Right to Die analyzes the right to die as a controversial social and political issue and examines its development in contemporary public policy.

The Culture Of Disbelief has  been the subject of an enormous amount of media  attention from the first moment it was published.  Hugely successful in hardcover, the Anchor paperback  is sure to find a large audience as the  ever-increasing, enduring debate about the relationship of  church and state in America continues. In The  Culture Of Disbelief, Stephen Carter  explains how we can preserve the vital separation of  church and state while embracing rather than  trivializing the faith of millions of citizens or  treating religious believers with disdain. What makes  Carter's work so intriguing is that he uses liberal  means to arrive at what are often considered  conservative ends. Explaining how preserving a special  role for religious communities can strengthen our  democracy, The Culture Of Disbelief  recovers the long tradition of liberal religious  witness (for example, the antislavery,  antisegregation, and Vietnam-era antiwar movements). Carter  argues that the problem with the 1992 Republican  convention was not the fact of  open religious advocacy, but the political  positions being advocated.

This reissue describes the complete history of Islamic jurisprudence from its origins, through the Medieval period, to modern times. The work demonstrates how, although religious law lies at the heart of Islamic culture, Islamic states have recently modified the law to meet society's changing values. The author considers the problems of such legal reform, referring to a wide variety of substantive legal rules and institutions.

Many commentators on the contemporary United States believe that current rates of litigation are a sign of decay in the nation's social fabric. Law and Community in Three American Towns explores how ordinary people in three towns located in New England, the Midwest, and the South view the law, courts, litigants, and social order.

Carol J. Greenhouse, Barbara Yngvesson, and David M. Engel analyze attitudes toward law and law users as a way of commentating on major American myths and ongoing changes in American society. They show that residents of "Riverside," Sander County, and Hopewell interpret litigation as a sign of social decline, but they also value law as a symbol of their local way of life. The book focuses on this ambivalence and relates it to the deeply-felt tensions express between community and rights as rival bases of society.

The authors, two anthropologists and a lawyer, each with an understanding of a particular region, were surprised to discover that such different locales produced parallel findings. They undertook a comparative project to find out why ambivalence toward the law and law use should be such a common refrain. The answer, they believe, turns out to be less a matter of local traditions than of the ways that people perceive the patterns of their lives as being vulnerable to external forces of change."

Fishing rights are one of the major areas of dispute for aboriginals in Canada today. Dianne Newell explores this controversial issue and looks at the ways government regulatory policy and the law have affected Indian participation in the Pacific Coast fisheries.

For centuries, the economies of Pacific Coast Indians were based on their fisheries. Marine resources, mainly salmon, were used for barter, trade, ceremony, and personal consumption. This pattern persisted after the arrival of European and Asian immigrants, even during the first phases of the non-Indian commercial fishing industry when Indian families were depended upon for their labour and expertise. But as the industrial fishery grew, changes in labour supply, markets, and technology rendered Pacific Coast Indians less central to the enterprise and the aboriginal fishery became legally defined as food fishing. By the late 1960s, rigid new licence limitation policies were introduced and regulations transformed the processing sector.

The result was reduced participation for fishermen and shoreworkers and the opportunities for Indian men and women declined dramatically. Government programs to increase or even stabilize Indian participation ultimately failed. Newell concludes that the governments of Canada and BC have historically regarded the aboriginal fishery narrowly and unjustly as a privilege, not a right, and have in fact moved against any changes which might put Indians into competition with non-Indians. Recently, BC Indians won a Supreme Court victory in Sparrow (1990) that will make it easier to change federal fisheries policies but aboriginal fishing rights remain before the courts and under federal government investigation.

Awarded the Canadian Historical Association's British Columbia and Yukon Certificate of Merit Award for 'Professor Newell's courageous critique of a history of mismanagement and misunderstanding in one of the region's key sectors should provide pause for thought to anyone with an interest in the workings of the modern state.'

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

"Contemporary Cases in Women's Rights" is an introduction to the most important recent court decisions affecting women in the United States. Abortion, sexual harassment, pornography, surrogate motherhood, rape, custody rights--the legal and social questions surrounding these issues all come to life through excerpts of important U. S. Supreme Court and lower court cases. It is the only casebook on this topic geared to undergraduates and can be read on its own or used with Goldstein's more historically comprehensive casebook, "The Constitutional Rights of Women,"
Assuming that the reader has no previous knowledge of law, Leslie Friedman Goldstein explains the background of each case, examining the complex moral, social, and legal problems addressed by the courts. Discussion questions at the end of each case help students consider the issues. An explanation of how the Supreme Court works and the text of the U.S. Constitution are included as appendices to provide students with general background on the United States legal system